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Home My WebLink AboutAgenda Packet 1999/11/30 AGENDA 1/1 "..,.,, under pen!lffy of perjury thet I 1m November 30,1999 Imtht~'11'1 by t';'J:'" ~f r'",'o V;sta in thl6'OO P M OliiollrJt,,:,ù'¡' ,';;,[;1"; ';:!oosted' " CALL TO ORDER tl111 A~ln '¡:!.:",L" ;0' t:w 8~¡:J,in Board at thl PubliCI Services Building and at City Hell on DATID, ,SIGNED " 1. ROLL CALL: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton, 2, PLEDGE OF ALLEGIANCE TO/THE FLAG, MOMENT OF SlLENCE 3, SPECIAL ORDERS OF THE DAY A Chula Vista Cares special presentation by Pacific Bell, Scott Alevy, CONSENT CALENDAR (Items 4 through 15) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 4, WRITTEN COMMUNICATIONS A Letter from the City Attorney stating that, to the best of his knowledge from observance of actions taken in Closed Session on November 16, 1999, there were no actions taken which are required under the Brown Act to be reported, Staff recommendation: The letter be received and filed, 5, ORDINANCE AMENDING THE TRANSPORT ATIONDEVELOPMENT IMP ACT FEE PROGRAM, ADDING CHAPTER 3,54, DEVELOPMENT IMPACT FEE TO PAY FOR TRANSPORT ATIONFAClLITIES IN THE CITY'S EASTERN TERRITORIES, TO THE MUNICIPAL CODE AND REPEALING ORDINANCE 2251 AND AMENDMENTS THERETO (SECOND READING AND ADOPTION) The City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988, by Ordinance 2251. Since its inception, the program has been updated several times to reflect new land use approvals, changes to the Circulation Element of the General Plan, and updated project cost estimates, The last TDIF update was approved in 1993, Council is being asked to consider the approval of the 1999 TDIF update recommending an increase from the current fee of$3,998 to $5,920 per Equivalent Dwelling Unit. Staff recommendation: Council place the ordinance on second reading and adoption, (Director of Public Works) Agenda 2 November 30, 1999 6, ORDINANCE APPROVING AMENDMENTS TO THE EASTLAKE II PLANNED COMMUNITY DISTRICT REGULATIONS TO INCORPORATE 108 ACRES OF RESEARCH AND LIMITED MANUFACTURING AS BC-l, BUSINESS CENTER MANUFACTURING PARK DISTRICT, INTO THE LAND USE DISTRICTS MAP; AMEND SECTIONIV.2A, PROPERTY DEVELOPMENT STANDARDS, TO ALLOW INCREASE IN BUiLDING HEIGHT FOR CERTAIN LOTS WITH APPROVAL BY THE DESIGN REVIEW COMMITTEE, AND ESTABLISH SPECIAL BUiLDING SETBACKS AND BUFFER REQUIREMENTS FOR CERTAIN LOTS ABUTTING RESIDENTIAL LAND USE DISTRICTS (SECOND READING AND ADOPTION) The applicant, The EastLake Company, is requesting approval of amendments to the EastLake II General Development Plan (GDP), EastLake I Sectional Planning Area (SPA) and associated regulatory documents to incorporate 108 acres of Research and Limited Manufacturing into the EastLake Business Center II and approval of a tentative subdivision map, known as EastLake Business Center II, Tract 00-02, to subdivide 108 acres into 16 industrial lots, ten open space lots, and industrial streets, Staff recommendation: Council place the ordinance on second reading and adoption, (Director of Planning and Building) 7A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION FOR THE CITY TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON MARCH 7,2000 B, RESOLUTION APPROVING IMPARTIAL ANALYSES AND ARGUMENTS IN SUPPORT OF PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 7,2000 The purpose of the March 7, 2000, General Municipal Election is to select two members of the City Council to fill Seats 3 and 4 and to submit two proposed Charter Amendments to the electorate, The adoption of resolutions requesting the services of the Registrar of Voters and approving impartial analyses and arguments in support of proposed Charter amendments is required by the California Elections Code, Staffrecommendation: Council adopt the resolutions, (City Clerk, City Attorney, and Chair, Charter Review Commission) 8A RESOLUTION WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING AN AMENDMENT TO AN AGREEMENT WITH MNA CONSULTING FOR LAND USE CONSULTING SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET BY APPROPRIATING $77,760 TO THE PLANNING AND BUILDING DEPARTMENT FROM AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/5TH'S VOTE REQUIRED) Agenda 3 November 30, 1999 B. RESOLUTION APPROVING THE AGREEMENT WITH REMY, THOMAS AND MOOSE, LLP FOR LEGAL SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In April, 1999, MNA Consulting was retained by the City to draft a revised Multiple Species Conservation Program (MSCP) Subarea Plan, assist in the drafting of an Implementing Agreement, and assist in processing the draft Subarea Plan and Implementing Agreement through the public hearing and approval process, Because of an expanded work program, staff has selected MNA Consulting to coordinate and assist with the implementation component of the City's MSCP Subarea Plan. In addition, staff has selected Remy, Thomas and Moose, LLP to assist with the legal review of the environmental analysis and documentation for the City's MSCP Subarea Plan, Staff recommendation: Council adopt the resolutions, (Director of Planning and Building) 9, RESOLUTION APPROVING THE ADDITIONAL APPROPRIATION OF $79,900 FROM THE A V AlLABLE FUND BALANCE OF THE GENERAL FUND FOR PROFESSIONAL SERVICES RELATED TO ASSESSING POTENTIAL IMPACTS FROM THE PROPOSED BROWN FIELD CARGO PORT EXPANSION, AND APPROVING THE ADDITION OF THE FUNDING TO THE FISCAL YEAR 1999/2000 BUDGET OF THE DEPARTMENT OF PLANNING AND BUiLDING (4/5TH'S VOTE REQUIRED) On November 24, 1998, Council approved appropriating $25,000 for professional services related to assessing potential impacts from the proposed Brown Field cargo port expansion and noise impacts of helicopter flyovers originating from Ream Field, On March 8, 1999, the City contracted for $22,000 with Aviation Systems Associates, Inc, (AS A) to provide environmental impact report assessment and prepare issue papers, Staff recommends a further contract amendment of$25,000 for future services as required, calculated on a time- and-materials basis, This contract would put ASA on retainer for the City, and ensure a timely response to future actions by the City of San Diego, plan proponents, and other jurisdictional authorities, The City Attorney solicited assistance from the law firm of Howard Rice Nemerovski Canady Falk and Rabkin for their expertise in land use and aviation during this period of time, due to the specialized and complex nature of the expansion proposaL The amount of this legal service retainer is expected to be $49,900, The total of the additional services exceeds the original appropriation, and staff requests an additional appropriation of $79,900 to fund this activity, Staff recommendation: Council adopt the resolution, (Director of Planning and Building) 10, RESOLUTION APPROVING TWO AFFORDABLE HOUSING AGREEMENTS RELATED TO PACIFIC BAY PROPERTIES HOUSING OBLIGATION WITHIN ROLLING HiLLS RANCH AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENTS Under the City's Affordable Housing Program, Pacific Bay Homes, the developer, is obligated to provide 10 percent (5 percent low and 5 percent moderate) of the total dwelling units within Rolling Hills Ranch for low and moderate income households, It is anticipated that a total of2,616 units will be built within Rolling Hills Ranch and therefore, the affordable Agenda 4 November 30, 1999 housing obligation is 131 low-income units and 131 moderate-income units, The developer is proposing to meet its low-income housing obligation by providing a mix of rental housing opportunities for seniors and families, More specifically, 20 percent or a maximum of 32 units of a proposed 168 unit multi-family development within Neighborhood 4A shall be occupied and affordable to low-income families at the current density assumptions, A 116- unit senior apartment development will be reserved and affordable to low-income households, Therefore, a maximum of 148 low-income units will be provided within Rolling Hills Ranch, which will remain affordable for a 20-year period, The development will be entirely financed by the developer. Staffrecommendation: Council adopt the resolution, (Director ofCommunity Development) 11. RESOLUTION APPROVING THE SUBMITTAL TO SANDAG OF FOUR APPLICATIONS FOR TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM FUNDS UNDER THE TRANSPORTATION EQUITY ACT FOR THE 21sT CENTURY (TEA-21) AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZED REPRESENTATIVE FOR THlS PROGRAM TEA-21 continues the provisions related to the Transportation Enhancement Program which was established under previous highway legislation, and sets aside funds for Transportation Enhancement Activities projects, California is expected to receive about $410 million in allocation under this program that will be implemented in one cycle through Fiscal Year 2004, This allocation will be used to fund Transportation Enhancement projects that are directly connected to the transportation system and will provide maximum enhancement to the environment and surrounding communities, Current regulations require that official applications for the Transportation Enhancement Program be submitted to SANDAG in order for projects to be approved by its Board of Directors for funding, Staff recommendation: Council adopt the resolution, (Director of Public Works) 12, RESOLUTION APPROVING THE CITY'S UPDATE OF THE FUNCTIONAL HlGHWAY CLASSIFICATION MAPS The Federal-Aid Highway Act of 1973 required the use of functional highway classification to update and modifY the Federal-Aid highway system, This legislative requirement is still effective today and is part of the Transportation Equity Act for the 21" Century (TEA-21), The TEA-21, which builds on the major changes to federal transportation policies and programs addressed in the Intermodal Surface Transportation Efficiency Act of 199 I (ISTEA), was enacted into law on June 9, 1998, TEA-21 continues the provisions related to ISTEA. The functional classification of roads in Chula Vista have not been updated for a considerable period of time, This resolution will satisfY the TEA-21 requirements It is also in response to a request by Caltrans to approve the update, The due date for submitting the update was extended by Caltrans to December 3, 1999, Staff recommendation: Council adopt the resolution, (Director of Public Works) 13, RESOLUTION DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTlLITIES ALONG BROADWAY FROM "C" STREET TO "E" STREET AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTlLITY UNDERGROUND DISTRICT NUMBER 128 FOR JANUARY 18,2000, AT 6:00 P,M, Agenda 5 November 30, 1999 A public hearing was conducted on September 1 and 15, 1998, at which time Council approved the ordinance adopting the new Franchise Agreement with SDG&E during its second hearing, Part of this agreement involves the allocation of the California Public Utilities Commission Rule 20A Funds for constructing the Utility Underground Conversion Projects, The next round of utility underground conversion projects is scheduled for the year 2000, Broadway from "C" to "E" Streets is one of the projects scheduled for completion in the year 2000, Staff recommendation: Council adopt the resolution, (Director of Public Works) 14, RESOLUTION APPROVING CHANGE ORDER NUMBERS 1 AND 2 TO THE PUBLIC WORKS CONTRACT WITH INSITUFORM TECHNOLOGIES, INC, FOR THE "SEWER REHABlLIT A TION - PHASE VIII AND IX PROJECTS, CONTRACT 'C' " (SW-900, SW-215) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY On August 10, 1999, Council approved accepting bids and awarding three contracts for "Sewer Rehabilitation - Phase VIII and IX" projects and authorizing the Director of Public Works to negotiate a change order to utilize the remaining funds within this project for the rehabilitation of additional sewer mains, Insituforni Technologies discovered that additional point repairs and sewer main replacements would be necessary, Change Order Number 1, in the amount of $24,760, is for the cost of this repair work. Change Order Number 2, in the amount of $97,567, 10, is for the rehabilitation of additional sewer mains, Staff recommendation: Council adopt the resolution, (Director of Public Works) 15. RESOLUTION ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "GRADING RESTORATION AND SILT REMOVAL FOR BONITA LONG CANYON DETENTION BASIN IN THE CITY (DRI42)" AND APPROPRIATING FUNDS AS A LOAN FROM THE TRUNK SEWER CAPITAL RESERVE FUND (4/sTH'S VOTE REQUIRED) On October 13, 1999, sealed bids were reèeived for the "Grading Restoration and Silt Removal for Bonita Long Canyon Detention Basin in the City (DR 142)" project. The project involves removal of silt and vegetation, and grading the area around the upstream inlet structure, Staff recommendation: Council adopt the resolution awarding the contract LE, Little General Engineering for $39,523 and appropriate funds as a loan from the Trunk Sewer Capital Reserve Fund to the Storm Drain Fund for $50,523, (Director of Public Works) ORAL COMMUNICATIONS PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Agenda 6 November 30, 1999 16, PUBLIC HEARING TO NOTICE ACCEPTANCE AND APPROPRIATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS RESOLUTION ACCEPTING $262,508 FROM THE 1999 LOCAL LAW ENFORCEMENT BLOCK GRANT AND AMENDING THE FISCAL YEAR 1999/2000 POLICE BUDGET TO ADD 3,5 POSITIONS AND APPROPRIATING $43,882 FOR SALARIES AND BENEFITS, AND $15,508 FOR SERVICES AND SUPPLIESÆQUlPMENT, $42,750 FOR PURCHASE OF A SWAT VAN AND PRISONER TRANSPORT VEHICLE AND $10,000 TO SUPPORT THE SOUTH BAY DRUG COURT AND AUTHORIZING THE CHIEF OF POLICE TO UTlLlZE (REPROGRAM) SAVINGS RESULTING FROM THE COMPETITIVE PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES; AND APPROPRIATING $26,250 FROM THE ASSET SEIZURE FUND FOR THE LOCAL MATCH REQUIREMENT, TO BE USED FOR PURCHASE OF A SWAT VAN (4/5TH'S VOTE REQUIRED) The Police Department has recently received notice of a 1999 Local Law Enforcement Block Grant Award in the amount of$262,508 from the Bureau of Justice Assistance, These funds were allocated to the Police Department based on a three-year average Part I Violent Crimes, Part 1 Violent Crimes are murder and non-negligent manslaughters, forcible rape, robbery, and aggravated assault as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Local Law Enforcement Block Grant. Continued from the meetinl! of November 16, 1999, Staff recommendation: Council adopt the resolution, (Chief of Police) 17, PUBLIC HEARING TO NOTICE USE OF FISCAL YEAR 1999/2000 STATE COPS FUNDING PER CITIZENS' OPTION FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES RESOLUTION ACCEPTING $370,617,71 FROM STATE COPS FOR LOCAL LAW ENFORCEMENT TO IMPLEMENT RECOMMENDATIONS OF THE STRATEGIC PLAN AND AMENDING THE FISCAL YEAR 1999/2000 POLICE BUDGET TO ADD 6,5 POSITIONS, AND APPROPRIATE $136,238 FOR SALARIES AND BENEFITS AND $70,561 FOR OVERTIME, TRAINING, EQUIPMENT AND A VEHICLE, AND DIRECTING STAFF TO BUDGET THE REMAINING FUNDS AS STIPULATED BY THE GRANT IN SUBSEQUENT YEARS AND AUTHORIZING THE CHIEF OF POLICE TO UTlLlZE (REPROGRAM) SAVINGS RESULTING FROM THE EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES (4/5TH'S VOTE REQUIRED) The Fiscal Year 1999/2000 State budget was adopted appropriating $370,617,71 to the Police Department. State money is allocated to police departments for purposes stipulated by the Citizens' Option for Public Safety (COPS) program The Police Department proposes to use the funds to implement recommendations of the Strategic Plan, Continued from the meetinl! of November 16,1999. Staff recommendation: Council adopt the resolution, (Chief of Police) --,--" - ------,--, --,---- -,---,---- Agenda 7 November 30, 1999 18, PUBLIC HEARING PCM-00-06, CONSIDERATION OF AN AMENDMENT TO THE RANCHO DEL REY SECTIONAL PLANNING AREA I GUIDELINES IN ORDER TO ALLOW THE PLACEMENT OF FOUR MONUMENT SIGNS WITHIN A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST "H" STREET, AND PLACE DIRECTIONAL SIGNS WITHIN THE RANCHO DEL REYBUSINESS/COMMERCIAL CENTER RESOLUTION AMENDING THE RANCHO DEL REY SECTIONAL PLANNING AREA(SPA) DESIGN GUIDELINES, IN ORDER TO ALLOW THE PLACEMENT OF FOUR MONUMENT SIGNS WITHIN A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST "H" STREET AT THE RANCHO DEL REY BUSINESS/COMMERCIAL CENTER, AND PLACE DIRECTIONAL SIGNS WITHIN THE CENTER The City has been working with the management ofthe Rancho del Rey Business/Commercial Center toward the creation of a sign program for approximately one year. Tenants of the Center feel that their businesses are not visible from East "H" Street and that signage situated along this street is necessary in order to attract customers, The applicants are proposing to place four monument signs along East "H" Street. They are also requesting that new directional signs be allowed within the center in order to facilitate vehicular circulation and parking. The proposed signage requires the modification of the Rancho del Rey SPA I Design Guidelines, Continued from the meetinl! of November 16.1999. Staff recommendation: Council adopt the resolution, (Director of Planning and Building) BOARD AND COMMISSION RECOMMENDA nON 19, RESOLUTION APPROVING THE INTERNATIONAL FRIENDSHIP COMMISSION REQUEST TO DISCONTINUE ATTEMPTS TO REINVIGORATE THE SISTER CITY RELATIONSHIP WITH IRAPUATO, MEXICO AND DIRECTING THE COMMISSION TO PURSUE THE NECESSARY ACTIONS TO OFFICIALLY DISSOLVE THE SISTER CITY AFFILIATION WITH IRAPUATO, MEXICO Following several years of little or no official contact between Chula Vista and its Mexican Sister City, Irapuato, the International Friendship Commission began a concerted effort to reinvigorate the relationship, but has found that no desire exists within this community to continue an active relationship, Staff recommendation: Council adopt the resolution, (Chair, International Friendship Commission) ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. 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. - ---- __n___,____~n - ---,_....,-,------,.,,---' Agenda 8 November 30, 1999 20, RESOLUTION ADOPTING THE 2000 LEGISLATIVE PROGRAM AND LEGISLATIVE WORK PROGRAM The Legislative Program represents the Council's position on items likely to be acted upon by the State Legislature, Congress, or administrative agencies, By adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, Chula Vista can take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities, Staff recommendation: Council adopt the resolution, (Administration) 21. RESOLUTION ACCEPTING THE POLICE DEPARTMENT 1999/2003 STRATEGIC PLAN AND CORRESPONDING IMPLEMENT A TION PLAN As a result of numerous issues related to growth and dynamic changes in policing, the Department formulated a Strategic Plan to meet immediate and future challenges, On December 9, 1998, with assistance of Alan Kumoto ofKumoto & Associates, the Police Department formally began the process of formulating ideas and compiling data for the Department's Strategic Plan, This process included approximately 80 staffmembers working in eight focus groups, On May 5, 1999, the City contracted with The Warner Group Management Consultant Firm to perform a validation and statistical analysis of data collected by the focus groups, Staff recommendation: Council adopt the resolution, (Chief of Police) 22, RESOLUTION ACCEPTING $1,25 MlLLION OVER THREE YEARS FROM COPS UNIVERSAL HIRING PROGRAM GRANT AND AMENDING THE FISCAL YEAR 1999/2000 POLICE BUDGET TO ADD 15 PEACE OFFICERS AND APPROPRIATING $259,638 IN UNANTICIPATED UHP REVENUE, AND $28,849 UNANTICIPATED BOOKING FEE REVENUES FOR THE SALARIES AND BENEFITS; AND AMENDING THE FISCAL YEAR 1999/2000 BUDGET TO ADD ONE PEACE OFFICER, ONE COMMUNITY SERVICE OFFICER AND ONE SERGEANT TO BE PAID FOR FROM SALARY SAVINGS $41,070 AND APPROPRIATING $164,968 FROM UNANTICIPATED BOOKING FEE REVENUES FOR RELATED SERVICES AND SUPPLIES, EQUIPMENT, AND VEHICLES; AND AUTHORIZING STAFF TO SEEK GRANT FUNDING FOR ADDITIONAL PATROL OFFICERS TO MEET WORKLOAD OBJECTIVES DETAILED IN THE PATROL STAFFING MODEL (4/5TH'S VOTE REQUIRED) Traditionally, the Police Department has used a nationally recognized patrol staffing formula based on call for service workload and officer initiated activity to determine an appropriate patrol staffing level. The study has identified the need for sixteen peace officers, nine overs, and one Community Service Officer. Fifteen of the officers identified are proposed to be paid for from acceptance of the 1999 Universal Grant. One officer, one Community Service Officer, and one Sergeant are proposed to be paid for from salary savings in Fiscal Year 1999/2000, The nine overs will be addressed during the Fiscal Year 2000/2001 budget process, The related services, supplies, and equipment are proposed to be paid for from unanticipated booking fee revenues, Vehicles for Patrol have not been included at this time; staff will include vehicles during the Fiscal Year 2000/2001 budget process, Staff recommendation: Council adopt the resolution, (Chief of Police) Agenda 9 November 30, 1999 23, RESOLUTION ACCEPTING $625,000 FROM COPS IN SCHOOLS PROGRAM AND AMENDING FISCAL YEAR 1999/2000 BUDGET TO ADD ONE AGENT AND FOUR OFFICERS' POSITIONS AND APPROPRIATING $120,203 FOR RELATED SALARIES AND BENEFITS TO BE FUNDED FROM $80,203 UNANTICIPATED COPS SCHOOL REVENUES AND $40,000 FROM UNANTICIPATED SCHOOL REVENUES AND APPROPRIATING $141,011 FOR VEHICLES AND OFFICER RELATED EQUIPMENT FROM UNANTICIPATED POST REVENUES ($20,000), BOOKING FEE REVENUES ($76,453), AND ASSET SEIZURE ($44,558) (4/5TH'S VOTE REQUIRED) In September, 1999, the Police Department was notified by the COPS office that the application for one additional Agent and four School Resource Officers had been approved, The grant award is for the amount of$625,000 to pay for the salaries and benefits of the five positions in declining percentages over the next three years, Staff recommendation: Council adopt the resolution, (Chief of Police) 24. RESOLUTION ACCEPTING $534,615 FROM COPS MORE 1998 GRANT PROGRAM AND AMENDING THE FISCAL YEAR 1999/2000 POLICE BUDGET TO INCLUDE FIVE INTEL ANALYST POSITIONS AND APPROPRIATING $84,977 FOR SALARIES AND BENEFITS AND $387,645 IN A NEW TECHNOLOGY CIP FOR NEW TECHNOLOGY AND EQUIPMENT FROM UNANTICIPATED COPS MORE 1998 GRANT FUNDING, AND APPROPRIATING $27,750 FROM UNANTICIPATED ALARM REVENUES ($14,000) AND PROPERTY FORFEITURE REVENUES ($13,750) FOR RELATED EQUIPMENT (4/5TH'S VOTE REQUIRED) COPS MORE (Making Officer Redevelopment Effective) 1998 is one of several grant programs developed by the U. S, Department ofJustice under the 1994 Crime Act to increase the deployment of Community Policing Officers, This program is designed to expand the time available for community policing by current law enforcement officers via the use of civilian personnel and technology, The Police Department submitted an application for additional civilian personnel and purchase of technology and related equipment on May 29, 1998, Subsequently, the Department was notified ofa grant award in the amount of$534,615 for the. hiring of five support civilian staff positions and the purchase of technology and eqUIpment. Staff recommendation: Council adopt the resolution, (Chief of Police) 25, RESOLUTION APPROPRIATING $367,475 FROM THE PUBLIC FAClLITY DIF FUND AS A TRANSFER TO THE GENERAL FUND TO REIMBURSE FOR A DIF CREDIT, APPROPRIATING $367,475 FROM THE GENERAL FUND, BASED ON THESE UNANTICIPATED REVENUES, TO THE POLICE FACILITY REMODEL CIP AND TRANSFER OF $16,000 OF APPROPRIATIONS FROM THE PUBLIC FAClLITY DIF OPERATING BUDGET TO THE POLICE FACILITY REMODEL CIP (4/5TH'S VOTE REQUIRED) In order to continue to provide quality service to the community, the Police Department developed a Strategic Plan, The Strategic Plan focused on 8 strategic issues: Growth Management, Regional Partnership, Technology, Resources, Social and Crime Trends, Community Outreach Partnerships, Police Facilities, and Organizational Development. Staff is proposing to appropriate funds owed to the general fund from the Public Facility DIF to pay for the Strategic Plan Police Facility Remodel recommendation, Staff recommendation: Council adopt the resolution, (Chief of Police) Agenda 10 November 30, 1999 26. RESOLUTION TRANSFERRING APPROPRIATION IN THE AMOUNT OF $56,033; AND TRANSFERRING ONE SENIOR MANAGEMENT ASSISTANT POSITION FROM THE PLANNING AND BUiLDING DEPARTMENT TO THE POLICE DEPARTMENT FOR COORDINATION OF THE CITY'S GRAFFITI PROGRAM; AND RENAMING THE POSITION COMMUNITY RESOURCE COORDINATOR; AND APPROPRIATING $28,017 TO HIRE THE POSITION FOR THE REMAINDER OF THIS FISCAL YEAR; AND $18,017 FOR A GRAFFITI ERADICATION CONTRACT; AND $10,000 FOR PUBLIC AWARENESS MATERIALS (415TH'S VOTE REQUIRED) During the Fiscal Year 1999/2000 budget deliberation, Council approved the addition of a Senior Management Assistant position to the Department of Planning, Building Division, The position was added for the purpose of coordinating and maximizing Citywide graffiti eradication efforts and implementing a new comprehensive program. Since the inception of the idea, a team -- composed of City staff, the Community Oriented Policing Committee, and several community members -- has been working diligently to identify the needs of the community as they relate to graffiti, Staff has completed a preliminary report of the team's findings, Planning and Building and Police agree that the Police Department with its existing service and response network would serve as an effective base for coordinating graffiti issues. The new position will be responsible for developing and implementing a model graffiti program, coordinating efforts with other City Departments and acting as community liaison with regard to graffiti. Staff recommendation: Council adopt the resolution, (Chief of Police) 27,A. RESOLUTION APPROVING AN ACQ VIS ITI ON/FIN AN CIN G AGREEMENT PERTAINING TO COMMUNITY FACiLITIES DISTRICT NUMBER 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND ViLLAGE ONE WEST) B, RESOLUTION OF COUNCIL ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, ViLLAGE FIVE AND ViLLAGE ONE WEST), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT PRELIMINARY OFFICIAL STATEMENT, AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS AND APPROVING MODIFICATIONS TO TABLE 6 OF THE RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX On August 31, 1999, Council held the public hearing forming and establishing Community Facilities District Number 99-1 (CFD 99-1), The District was formed for the purpose of providing for the financing of the acquisition of certain authorized public facilities including a significant portion of the Olympic Parkway improvements serving the Otay Ranch SPA One, Council will consider approving the Acquisition/Finance Agreement with Otay Project LP" that establishes the procedure for acquiring the improvements from the developer, including allowing for the incremental acquisition and complete discreet components of a project, rather than requiring the project be fully completed and accepted by the City prior to acquisition, In addition, Council will consider the authorization of the issuance of special Agenda 11 November 30, 1999 tax bonds ofCFD 99-1 in the amount of$23,000,000 and the approval of the form of certain documents related to the issuance of the bonds including a Bond Indenture, Bond Purchase Contract and Preliminary Official Statement. Staff recommendation: Council adopt the resolutions, (Director of Public Works and Director of Finance) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 28, CITY MANAGER'S REPORTS A. Scheduling of meetings, 29, MAYOR'S REPORTS 30, COUNCiL COMMENTS ADJOURNMENT to a Closed Session and thence to the Regular Meeting of December 7, 1999, at 4:00 p,m, in the Council Chambers, *** An Adjourned Meeting ofthe Redevelopment Agency and a Special Meeting of the Housing Authority will be held immediately following the City Council Meeting,*** ~~ft- -11- CllY OF CHULA VISTA MEMORANDUM November 23, 1999 To: The Honorable Mayor and City co~ From: David D. Rowlands, Jr., City Mana Subject: Council meeting of November 30, 1999 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, November 30, 1999, Comments regarding the Written Communications are as follows: 4a. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on November 16, 1999; there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. DDR:mab "! declare unc:D;' :'JM'1"! of :'Dr" 0 I ~:n ccc;;ioyed by "0 C":U'd f'f t:o~ " NOTICE OF CONTINUANCE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Public Hearing scheduled for Tuesday, November 30, 1999, to consider: PLACEMENT OF FOUR MONUMENT SIGNS WITHIN A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST "H" STREET AT THE RANCHO DEL REY BUSINESS/COMMERCIAL CENTER, AND PLACEMENT OF DIRECTIONAL SIGNS WITHIN THE CENTER was continued. The hearing has been rescheduled for Tuesday, January 18, 2000, at 6:00 p,m. in the City Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, CA. J~ ßoMh Donna Norris Confidential Administrative Secretary Dated: December 15, 1999 ~M~ -.- r_-- ---- '5~~5 CllY OF CHUIA VISfA OFFICE OFTHE CITY ATTORNEY Date: November 17, 1999 To: The Honorable Mayor and city Council From: John M. Kaheny, city Attorney ~~ Re: Report Regarding Actions Taken in Closed Session for the Meeting of 11/16/99 The City Council of the City of Chula vista met in Closed Session on 11/16/99 to discuss: - CONFERENCE WITH LEGAL COUNSEL REGARDING: - Initiation of litigation pursuant to Government Code Section 54956.9(b) One case. The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the city Attorney participated, that there were no reportable actions pursuant to Conference with Legal Counsel which are required under the Brown Act to be reported. JMK: 19k Y/fJ/ / 276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823 ""~'"'"~'-"'""'" "u_,--,----,---,--,--- ORDINANCE NO. \^'; , AN ORDINANCE OF THE CITY OF CHULA VISTA, CAllE-A AMENDING THE TRANSPORTATION DEVELOPMENT IMPACT FEE Pß,99 .', ADDING CHAPTER 3.54, DEVELOPMENT IMPACT FEE TO PAY FOR~. RTATION FACILITIES IN THE CITY'S EASTERN TERRITORIES, TO TH~G.Hi::lt::A\lISTA MUNICIPAL CODE AND REPEALING ORDINANCE 2251 AND AMENPMËNTS THERETO ;,;" WHEREAS. in January 1988, the City Council of the City of Chula Vista adopted Ordinance No, 2251 establishing a development impact fee for transportation facilities in the City's eastern territories; and. WHEREAS, pursuant to Ordinance No. 2251, the City has commenced the collection of development impact fees to be used to construct transportation facilities to accomrnodate increased traffic generated by new development within the City's Eastern Territories; and, WHEREAS, Ordinance No, 2251 has been rnodified or amended at least six times including by Ordinance Nos, 2289, 2348, 2349, 2431, 2580, 2604 and 2671; and, WHEREAS, pursuant to Section 1 (c) of Ordinance No, 2251 and California Government Code Sections 66000, et. seq., the City Council has caused a study to be conducted to reanalyze and reevaluate the impacts of development on the transportation system for the City=s eastern territories and, to further reanalyze and evaluate the development impactfee necessary to pay for the transportation facilities which Financial and engineering study prepared by Project Design Consultants, is entitled" Eastern Area Development Impact Fees for Streets 1999 Update" (the Update) dated October 25, 1999; and. WHEREAS, the financial and engineering studies and the City's General Plan show that the transportation network will be adversely impacted by new development within the eastern territories unless new transportation facilities are added to accommodate the new development; and, WHEREAS, the financial and engineering studies and the City's General plan establish that the transportation facilities necessitated by development in the eastern territories comprise and integrated network; and, WHEREAS, Ordinance No, 2251 authorizes the City Council to amend or modify the list of projects to be financed by the fee; and, WHEREAS, on November 16, 1999, the City Council of the City of Chula Vista held a duly noticed meeting at which oral or written presentations regarding the development impact fee for the City=s eastern territories could be made; and, 1 /~I ~') J~ß ~ I I I WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed ùpdate of the Transportation Development Fee have been previously addressed by EIR 90-01 (Otay Ranch GDP Program EIR) and has therefore prepared an addendum to that document. WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified EIR 90-01 (Otay Ranch GDP Program EIR); WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and prepared an addendum to EIR 90-01 (Otay Ranch GDP Program EIR) which concluded that updating the Transportation Development Impact Fee would not result in significant impacts pursuant to Section 15164 of the State CEQA Guidelines, and therefore found that the revisions would result in only minor technical changes or additions which are necessary to make the EIR adequate under CEQA. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: FINDINGS The City Council finds that developers of land within the Eastem Territory should be required to mitigate the burden created by development through the construction of transportation facilities within the boundaries of the development, the construction of those transportation facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards and the payment of a development impact fee to finance the developmenbs portion of costs of the transportation network; and, The City Council finds that the legislative findings and determinations set forth in Ordinance No. 2251 continue to be true and correct; and, The City Council finds, after consideration of the evidence presented to it including the "Eastern Area Development Impact Fees for Streets 1999 Update", that certain amendments to Ordinance No. 2251 are necessary in order to assure that there are sufficient funds available to finance the transportation facilities necessary to serve the eastern territories by the development impact fee; and, The City Council finds, based on the evidence presented at the meeting held for this Ordinance, the City's General Plan, and the various reports and information received by the City Council in the ordinary course of its business, that the imposition of traffic impact fees on all development in the eastern territories for which building permits have not been issued is necessary in order to protect the public health, safety and welfare and in order to assure effective implementation of the City's General Plan; and, The City Council finds that the amount of the amended fees levied by this ordinance does not exceed the estimated cost of providing the transportation facilities; and, 2 5/;) )~;¿ ~ __._ _ ·____~__~________·_,__·_.·n.'__". The City Council finds that it is appropriate to revise the fees for Industrial land uses to reflect the fact that many of the trips associated with the commercial land uses are in fact, trips associated with other land uses that incorporate an intermediate stop at a commercial land use (passerby trips); and, The City Council finds that the "Eastern Area Development Impact Fees for Streets 1999 Update" has determined the extent to which new development of land will generate traffic volumes irnpacting the City's roadway system and that this Ordinance establishes a fair and equitable method for distributing the unfunded costs of transportation improvements necessary to accommodate the traffic volumes generated by such developments, The City Council finds that the fee established by this ordinance are based on the findings of the "Eastern Area Development Impact Fees for Streets 1999 Update" and that all such findings are incorporated herein by this reference, on file in the office of the City Clerk. The City Council finds it is necessary to ensure the timely payment of the" DIF program monitoring" cost item, included in Table E "Program Funding Requirements" of the Financial and engineering study to adequately fund ongoing and future administration activities and studies; and, The City Council finds that the Addendum prepared to EIR 90-01 reflects the independent judgment of the City Council of the City of Chula Vista and hereby adopts the Addendum to EIR 90-01. SECTION 2: That Ordinances 2251, 2289, 2348, 2349, 2431, 2580, 2604, and 2671 are hereby repealed and shall be of no further force and effect. SECTION 3: That Chapter 3.54 shall be added to the Municipal Code to read as follows: Chapter 3.54 Transportation Development Impact Fee 3.54.010 Establishment of Fee. A. A development impact fee in the amounts set forth in Section 3.54.01 O(C) is hereby established to pay for transportation improvements and facilities within the Eastern Territories of the City, The fee shall be paid before the issuance of building permits for each development project within the Eastern Territories of the City, No building permit shall be issued unless the development impact fee is paid, The fees shall be deposited into an 3 5'~,3 /ffP --3 Eastem Territories Transportation Facilities Fund, which is hereby created, and shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the fund for the various improvements and facilities identified in this ordinance and to periodically make expenditures from the fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. The City Council finds that collection of the fees established by this ordinance at the time of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for those facilities and to ensure certainty in the capital facilities budgeting for the Eastem Territories. B. The fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. C. The amount of the fee for each development shall be calculated at the time of building permit issuance based upon the following schedule: Development Type Transportation Fee Single Family Detached Dwelling $5,920/ Dwelling Unit Single Family Attached Dwelling $4,736/ Dwelling Unit Multi-Family Dwelling $3,552/ Dwelling Unit Senior Housing $2,368/ Dwelling Unit Commercial $148,000/ Gross Acre Commercial (High Rise) $236,800/ Gross Acre Industrial $88,800/ Gross Acre Golf Course $414,400/ Golf Course Medical Center $384,800/ Gross Acre The amount of the fee shall be adjusted, starting on October 1, 2000, and on each October 1 st thereafter, based on the one year change (from July to July) in the 20 City Construction Cost Index as published monthly in the Engineering News Record. For reference purposes, the July 1999, 20 City Construction Cost Index is 6076.25. Adjustments to the above fees based upon the Construction Cost Index shall be automatic and shall not require further action of the City Council. The City Council shall at least annually review the amount of the fee. The 4 5-i I<ðß -¡-- "7 _...-......_.__.------~ City Council may adjust the amount of the fee as necessary to reflect changes in the type, size, location or cost of the Transportation Facilities to be financed by the fee, changes in land use designations in the City's General Plan, and upon other sound engineering, financing and planning information. Adjustments to the above fees resulting from the above reviews may be made by resolution amending the Master Fee Schedule. D, The fees collected shall be used by the City for the following purposes as determined by the City Council: 1. To pay for the construction of facilities by the City, or to reimburse the City for facilities installed by the City with funds from other sources, 2. To reimburse developers who have been required by Section 3.54.040(A) to install improvements that are major streets and are listed in Section 3.54,030, 3. To reimburse developers who have been permitted to install improvements pursuant to Section 3,54.040(B). 3,54.020 Definitions, For the purposes of Chapter 3,54, the following words or phrases shall be construed as defined herein, unless from the context it appears that a different meaning is intended. A. "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code. B, "Developer" means the owner or developer of a development. C, "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. D. "Development Project" or "Development" means any activity described in Sections 66000 of the State Government Code, E. "Eastern Territories" generally means that area of the City located between Interstate 805 on the west, the City sphere of influence boundary on the east and northeast, the City boundary on the north and the City's southern boundary on the south, excepting Villages 9 and 10 of the Otay Ranch "the University Site" as shown on the map entitled "Figure I" of the Update of the Financial and engineering studies, The property known as Bonita Gateway located at the 5 , C 5-J ~. northeast quadrant of Bonita Road and 1-805 intersection is also included. F. " Financial and Engineering Studies" means the "Interim Eastern Area Development Impact Fee for Streets" study prepared by George T. Simpson and Willdan Associates dated November 1987, the "Eastern Area Development Fee for Streets" study prepared by Willdan Associates dated November 19, 1990, the "Eastern Development Impact Fee for Streets B - 1993 Revision" study prepared by City staff dated July 13, 1993, and the study prepared by Project Design Consultants ("Eastern Area Development Impact Fees for Streets, 1999 Update") dated October 25, 1999 which are on file in the Office of the City Clerk. G. "High Rise" Commercial means commercial office usage 5 or more stories in height. 3.54.030 Transportation Facilities to be Financed by the Fee A. The transportation facilities and programs to be financed by the fee established by this ordinance are: 1.* State Route 125 from San Miguel Road to Telegraph Canyon Road. 2.* State Route 125 from Telegraph Canyon Road to Orange Avenue. 3. Telegraph Canyon Road from Paseo Del Rey to east of Paseo Ladera/north side. 3a. Telegraph Canyon Road at 1-805 interchange/Phase II. 4.** Telegraph Canyon Road B Phase I Rutgers Avenue to Eastlake Boundary. 5.** Telegraph Canyon Road B Phase II Paseo Ladera to Apache Drive. 6.** Telegraph Canyon Road B Phase III Apache Drive to Rutgers Avenue. 7. East H Street B 1-805 interchange modifications. 8.** East H Street from Eastlake Drive to SR-125. 9.** Otay Lakes Road from Camino del Cerro Grande to Ridgeback Road. 10a. La Media Road from Telegraph Canyon Road to East Palomar Street. 10b. La Media Road from East Palomar Street to Olympic Parkway. 11. Bonita Road from Otay Lakes Road to Central Avenue. 6 ~-&7 "./ , í jEiß ~f 12. Bonita Road from Central Avenue to San Miguel Road. 13.* San Miguel Road from Bonita Road to SR-125. 14.** East H Street from State Route 125 to San Miguel Road, 15.** Proctor Valley Road (East H Street) from San Miguel Road to Hunte Parkway, 16, Olympic Parkway from Brandywine Ave. to Paseo Ranchero, 17a. East Palomar Street from Oleander Ave, to Sunbow Eastern Boundary 17b. East Palomar Street from Sunbow eastern boundary to Medical Center Drive, 18.** Telegraph Canyon Road from eastern boundary of Eastlake to Hunte Parkway, 19.** Eastlake Parkway from Otay Lakes Road to EastLake High School southern boundary, 20.** Hunte Parkway from Proctor Valley Road to Telegraph Canyon Road, 21.** Hunte Parkway from Telegraph Canyon Road to Club House Drive, 21a, Hunte Parkway from South Greensview Drive to Olympic Parkway. 22, Olympic Parkway from EastLake Parkway to Hunte Parkway. 23a. Paseo Ranchero from Telegraph Canyon Road to East Palomar Street. 23b. Paseo Ranchero from East Palomar Street to Olympic Parkway, 24a. Olympic Parkway from Paseo Ranchero to La Media Road, 24b. Olympic Parkway from La Media Drive to East Palomar Street. 24c, Olympic Parkway from East Palomar Street to SR125, 24d, Olympic Parkway from SR125 to EastLake Parkway, 25, Olympic Parkway B 1-805 Interchange Modifications to Brandywine Avenue, 7 5-1 ;-?jJ-? 26. East Palomar Street from eastern Sunbow Boundary to Paseo Ranchero. 27. East Palomar Street at 1-805 Interchange. 28. Otay Lakes Road from Hunte Parkway to Wueste Road. 29. Olympic Parkway from Hunte Parkway to Olympic Training Center. 30. Otay Lakes Road from SR-125 to Eastlake Parkway. 31. EastLake Parkway from Fenton Street to Otay Lakes Road. 32. East AH@ Street from 1-805 to Hidden Vista Drive. 33.** Bonita Road at Otay Lakes 'Road Intersection. 34.** Otay Lakes Road at Elmhurst Drive Intersection. 35.** East AH@ Street at Otay Lakes Road Intersection. 36. Traffic Signal Interconnection B Eastern Territories. 37. EastLake Parkway from Eastlake High School southern boundary to Olympic Parkway. 38.** East AH@ Street from Paseo Del Rey to Tierra del Rey. 39.** Bonita Road from 1-805 to Plaza Bonita Road. 40. Alta Road from SR125 to Eastlake Parkway. 41. Brandywine/Medical Center Drive from Medical Center Court to Olympic Parkway. 42. Birch Road from La Media Road to SR125. 43. Birch Road from SR125 to Eastlake Parkway. 44. Birch Road from Eastlake Parkway to Hunte Parkway. 45. Eastlake Parkway from Olympic Parkway to Birch Road. 46. Eastlake Parkway from Birch Road to Rock Mountain Road. 47. Mt. Miguel Road from Proctor Valley Road South to Proctor Valley Road 8 6·J /gr'iJ - F North. 48, Hunte Parkway from Olympic Parkway to Birch Road. 50. La Media Road bridge crossing the Otay River (1/2 the cost). 51. La Media Road from Olympic Parkway to Birch Road. 52. La Media Road from Birch Road to Rock Mountain Road. 53, La Media Road from Rock Mountain Road to Otay Valley Road, 54, La Media Road from Otay Valley Road to southern City boundary, 55. Otay Lakes Road from East H Street to Telegraph Canyon Road, 56.a Otay Valley Road from 1-805 to Rock Mountain Road, 56.b Otay Valley Road from Rock Mountain Road to La Media Road, 56,c Otay Valley Road from La Media Road to SR125. 57. Paseo Ranchero from Olympic Parkway to Otay Valley Road. 58, Paseo Ranchero Otay Valley Road to southern City Boundary (including bridge crossing the Otay River) (1/2 the cost). 59, Proctor Valley Road from Hunte Parkway to eastern City boundary at Upper Otay Reservoir, 60, Rock Mountain Road from SR125 to Otay Valley Road, 61, Willow Street from Bonita Road to Sweetwater Road (including bridge over Sweetwater River). 62. East H Street frorn Buena Vista Way to Otay Lakes Road, 63, Intersection Signalization area wide within the Eastern Territories. 64, Development Impact Fee program support. . Project is now included in the interim pre-SR125 transportation facility fee, .. Project has been completed. 9 5/1 I?d-j- B. The City Council may modify or amend the list of projects in order to maintain compliance with the Circulation Element of the City's General Plan. 3.54.040 Developer Construction of Transportation Facilities A. Whenever a developer of a development project would be required by application of City law or policy, as a condition of approval of a development permit to construct or finance the construction of a portion of a transportation facility identified in Section 3.54.030 of this ordinance, the City Council may impose an additional requirement that the developer install the improvements with supplemental size, length or capacity in order to ensure efficient and timely construction of the transportation facilities network. If such a requirement is imposed, the City Council shall, in its discretion, enter into a reimbursement agreement with the developer, or give a credit against the fee otherwise levied by this ordinance on the development project, or some combination thereof. B. A developer may request authorization from the City Council to construct one or more of the facilities listed in Section 3.54.030. C. Whenever a developer requests reimbursement, or a credit against fees, for work to be done or paid for by the developer under Subsections (A) or (B) of this section, the request shall be submitted in writing to the City Council before commencement of the work. The request shall contain the following information and, if granted, shall be subject to the following conditions: 1. Detailed description of the project with a preliminary cost estimate. That portion of the project which involves the specified improvements authorized by Section 3.54.030 is referred to herein as the Transportation Facility Project. 2. Requirements of developer: - preparation of plans and specifications for approval by the City; - secure and dedicate any right-of-way required for the Transportation Facility project; - secure all required permits and environmental clearances necessary for the Transportation Facility project; - provision of performance bonds (where the developer intends to utilize provisions for immediate credit, the performance bond shall be for 100 percent of the value of the Transportation Facility Project); - payment of all City fees and costs. 3. The City will not be responsible for any of the costs of constructing the Transportation Facility Project. The developer shall advance all necessary 10 .r;./ /0 /g-g - /0 . '_'___"__..._._...__nu._", ._ _ _~ funds to construct the Transportation Facility Project. 4. The developer shall secure at least three (3) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. If qualified, the developer may agree to perform the work at a price equal to or less than the low bid. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. 5. The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Transportation Facility Project and excludes any work attributable to a specific subdivision project. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Transportation Facility Project. 6. Upon approval of the estimated cost by the Director of Public Works, the developer shall be entitled to immediate credit for 50 percent of the estimated cost of the construction attributable to the Transportation Facility Project. Once the developer has received valid bids for the project which have been approved by the Director of Public Works, the amount of the immediate credit shall be increased to 75 percent of the bid amount. The immediate credits shall be applied to the developers' obligation to pay fees for building permits issued after the establishment of the credit. The developer shall specify these building permits to which the credit is to be applied at the time the developer submits the building permit applications, 7, If the developer uses all of the immediate credit before final completion of the Transportation Facility Project, then the developer may defer payment of Development Impact Fees for other building permits by providing to the City liquid security such as cash or an irrevocable letter of credit, but not bonds or set-aside letters, in an amount equal to the remaining amount of the estimated cost of the Transportation Facility Project. 8, When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for the construction of the Transportation Facility Project to the City, The Director of Public Works shall make the final determination on expenditures which are eligible for credit or cash reimbursement. 9, After final determination of eligible expenditures has been made by the Director of Public Works, the final amount of Development Impact Fee credits shall be determined. The developer shall receive credit against the deferred fee obligation in an amount equal to the difference between the final expenditure determination and the amount of the 75 percent immediate credit used if any, The City shall notify the developer of the II ý- II 1í7¿]¡/ /V final deferred fee obligation, and of the amount of the applicable credit. If the amount of the applicable credit is less than the deferred fee obligation, then the developer shall have thirty (30) days to pay the deferred fee. If the deferred fees are not paid within the thirty-day period, the City may make a demand against the liquid security and apply the proceeds to the fee obligation. 10. The developer will receive any credit against required Development Impact Fees incrementally at the time building permits are issued for the developer's project. The amount of the credit to be applied to each building permit shall be based upon the fee schedule in effect at the time of the building permit issuance. The Director of Public Works shall convert such credit to an EDU basis for residential development and/or a Gross Acre basis for commercial or industrial development for purposes of determining the amount of credit to be applied to each building permit. If the total eligible construction cost for the Transportation Facility Project is more than the total Development Impact Fees which will be required for the developer's project, then the amount in excess of Development Impact Fees will be paid in cash when funds are available as determined by the City Manager; a reimbursement agreement will be executed; or the developer may waive reimbursement and use the excess as credit against future Development Impact Fee obligations. The City may, in its discretion, enter into an agreement with the developer to convert excess credit into EDU and/or gross acre credits for use against future Development Impact Fee obligations at the fee rate in effect on the date of the agreement. 11. The requirements of Section 3.54.040(C) may, in the City's discretion, be modified through an agreement entered into with the developer. D. Whenever a Transportation Development Impact Fee credit is generated by constructing a transportation facility using assessment district or community facilities district financing, the credit shall only be applied to the Transportation Development Impact Fee obligations within that district. 3.54.050 Procedure for Fee Waiver or Reduction. A. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the fee imposed by this ordinance is unconstitutional, or unrelated to mitigation of the traffic needs or burdens of the development, may apply to the City Council for a waiver, reduction, or deferral of the fee. A development which is designed and intended as a temporary use (10 years or less) and which is conducted in facilities which are, 12 5~ I?- --NSB-17-.. n.^^^.__ by their nature, short term interim facilities such as a portable or modular building (including mobile homes; trailers, etc.) may qualify for a waiver, reduction, or deferral. In addition, a deferral may be granted on the basis of demonstrated economic hardship on the condition that (1) the use offers a significant public benefit; (2) the amount deferred bears interest at a fair market rate so as to constitute an approximate value equivalent to a cash payment; and (3) the amount deferred is adequately secured by agreement with the applicant. Unless the requirement for timely filing is waived by the City, the application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice of the public hearing on the development permit application or the project is given, or if no development permit is required, at the time of the filing of the building permit application, The application shall state in detail the factual basis for the claim of waiver or reduction, B. Any developer who proposes a golf course and contends that the application of the Development Impact Fee is unrelated to the mitigation of the traffic needs of the golf course may apply to the City Council for a reduction of the fee based on the nature of the proposed golf course. An interim reduction may be granted in the City's discretion pursuant to a written agreement with the developer and upon developer's submission of a preliminary traffic study which adequately supports the contention that the fee imposed by this ordinance is not related to the traffic to be generated by the golf course. The City's final decision on the fee to be imposed on the golf course will be based on a traffic study to be paid for by developer and prepared and submitted for approval by the City's Director of Public Works within the fourth year of operation of the fully developed golf course, Should developer fail to submit such traffic study and obtain the City's approval thereof during the fourth year of golf course operation, the entire fee imposed by this ordinance shall be immediately due and payable. If a fee reduction is permitted, the City Council may allow developer to pay the Development Impact Fee over a ten year period, C, The City Council shall consider the application at a public hearing on same, notice of which need not be published other than by description on the agenda of the meeting at which the public hearing is held. Said public hearing should be held within sixty (60) days after its filing. The decision of the City Council shall be final. If a deferral, reduction or waiver is granted, it should be granted pursuant to an agreement with the applicant, and the property owner, if different from the applicant, providing that any change in use within the project shall subject the development to payment of the full fee. The procedure provided by this Section is additional to any other procedure authorized by law for protesting or challenging the fee imposed by this ordinance, 3.54.060 Payment of DIF Program Support 13 5~:-- /3 1¥iJ-~-!-3- . The" DIF Program Support" shall, with no exceptions, be paid in cash concurrently with the development impact fee at a rate equal to 3% of the total applicable fee. 3.54.070 Exemptions Development projects by public agencies shall be exempt from the provisions of this fee. Exempt development uses with the following characteristics or activities as a principal use of land, generally described as "Community Purpose Facility": A. Social service activities, including such services as Boys Scouts, Girl Scouts, Boys Club and Girls club, Alcoholics Anonymous, YMCA and services for the homeless; B. Public Schools (elementary and secondary); C. Private Schools (elementary and secondary); D. Day Care (non-profit only); E. Senior Care And Recreation (non-profit only); F. Worship, Spiritual growth and Development 3.54.080 Assessment Districts If any assessment or special taxing district is established for any or all of the facilities listed in Section 3.54.030, the owner or developer of a project may apply to the City Council for a credit against the fee in an amount equal to the developments attributable portion of the cost of the authorized improvements as determined by the Director of Public Works, plus incidental costs normally occurring with a construction project, but excluding costs associated with assessment district proceedings or financing. SECTION 4: EXPIRATION OF THIS ORDINANCE This ordinance shall be of no further force and effect when the City Council determines that the amount of fees which have been collected reaches an amount equal to the cost of the transportation facilities or reimbursements. SECTION 5: TIME LIMIT FOR JUDICIAL ACTION Any judicial action or proceeding to attack, review, set aside void or annul this ordinance shall be brought within the time period as established by Government Code Section 66020 after the effective date of this ordinance. In accordance with Government Code Section 66020(d)(1), the ninety day approval period in which parties may protest begins upon the effective date of this ordinance. 14 /: II 7/ j't . /.f"g-/Í'£' -" - _....._--~-- - ---_. ....._--_._----_._..._~--_._------ SECTION 6: EFFECTIVE DATE. This Ordinance shall become effective 60 days after its adoption. Presented by: Approved as to form: Jo~a~ Þ- John p, Lippitt Director of Public Works City Attorney HISHAREDIA TTORNEY\TD I F ORD2. CLS 15 It' r"",-/ ì ? ,./ JgZ¡5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF'~~À VISTA APPROVING AMENDMENTS TO THE EASTLAKE. ED COMMUNITY DISTRICT REGULATIONS TO INCORPO .1 8 ACRES OF RESEARCH AND LIMITED MANUFACTURIN -1, BUSINESS CENTER MANUFACTURING PARK D~ ø TIlE LAND USE DISTRICTS MAP; AMEND SECTION IV.2" .. " . ." RTY DEVELOPMENT STANDARDS, TO ALLOW INCRE~ BUiLDING HEIGHT FOR CERTAIN LOTS WITH APPROVA(' Y THE DESIGN REVIEW COMMITTEE, AND ESTABLISH SPECIAL BUILDING SETBACKS AND BUFFER REQUIREMENTS FOR CERTAIN LOTS ABUTTING RESIDENTIAL LAND USE DISTRICTS. I. RECITALS A. Project Site WHEREAS, the areas of land which are the subject of this Ordinance are diagrammatically represented in Exhibit A and hereto incorporated herein as Exhibit A; and for the purpose of General description herein consist of 108 acres north of Otay Lakes Road between Hunte Parkway and Lane A venue within the existing EastLake Planned Community boundariesC"Project Site"); and, B, Project; Application for Discretionary Approval WHEREAS, on June 29, 1999, The EastLake Company ("Developer") filed an application requesting amendments to the EastLake IT Planned Community District Regulations to incorporate 108 aCres of Research and Limited Manufacturing as BC-l, Business Center Manufacturing Park District, into the Land Use Districts map; amend Section IV .2A, Property Development Standards Business Center Districts, to allow increase in building height for certain lots in the Project Site; and, increase the rear building setback and buffer requirements for certain lots abutting residential land use districts ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the EastLake Business Center II has been in part the subject matter of a General Development Plan (GDP) previously approved by City Council Resolution No. 15413 ("EastLake III GDP") on December 11, 1989; and, D, Planning Commission Record on Applications WHEREAS, the Planning Comnússion held an advertised public hearing on said project on November 3,1999, and vote- to recommend that the City Council approve the Project in accordance with the [IDdings listed below. ~I The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on November 3, 1999, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. E. City Council Record on Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 16, 1999 on the Discretionary Approval Application, and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, F. Discretionary Approvals Resolution and Ordinance WHEREAS, at the same City Council meeting at which this ordinance was introduced for first reading (November 16, 1999), the City Council of the City of Chula Vista approved Resolution No. by which it imposed amendments on the EastLake II General Development Plan, EastLake I Sectional Planning Area (SPA) plan, EastLake I Public Facilities Finance Plan, EastLake I Air Quality Improvement Plan, EastLake I Water Conservation Plan; and adopted a design guidelines for the Business Center II, EastLake I Business Center II Design Guidelines. II NOW, THEREFORE, the City of Chula Vista does hereby fInd, determine and ordain as follows: A. COMPLIANCE WITH CEQA The City Council does hereby fmd that the Mitigated Negative Declaration IS-00-03 the Findings of Fact and the Mitigation Monitoring and Reporting Program have been prepared in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City ofChula Vista. B. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council does hereby fmd that in the exercise of their independent review and judgment, the Mitigated Negative declaration IS-oO-03 in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista and hereby adopt same. D. FINDINGS FOR P-C PLANNED COMMUNITY ZONE AMENDMENTS The City Council hereby fmds that the proposed amendments to the EastLake II Planned Community District Regulations Land Use Districts Map text and statistics are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and g00 zoning practice support the amendments. ~ ~ J-. ---~-~~-,-~_.__.._--- +_..__ _ __m_·.'~"_·.·_ E. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the amendments to Planned Community District Regulation and Land Use District Map as represented in Exhibit A. ill, 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 resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. IV, EFFECTIVE DATE This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by RobertA. Leiter Director of Planning H:lhomelplanni"glluislpcm-OOO2.CCO ~~3 / f:/j -J i ~ ~~ .. as.. .. , RESIDENTIAL i I. II .10...., ERIIIs '11 . .,...., SIngle FMIIy '1111116.11III SInIe F...., R "I .....~Concept .,. '-.11IIII SmIII LaI .,. ., ..... Condominium P . ~4iIII PI8r.- Concept ColI........... .,. .~ ColI........... SPEctAt. PURPOse ReIIdenIIII MIft f"~ I~~ II '~""MIft r...<II) ColI............. ""f·1k. jI 00nd0mInium ........- VII80t Center 0penSp8Q8 VII8ge Center Sp8Q8 F'-YCOlllh_daI Sp8Q8 PA P.dol l'.IIII&~~.g ~ DisIñcI BUSINESS CENTER PtAIIk:~ DI*ct E!§38u11neu Center- ~ PerIl District ......... ""-Y IJC.2 BuIIness Center· ManuI8cturtrv Service DI*ct o...t...... ..... Use DIstict CMrIey to Sec:Ion ß.3D In PC Dill Reos ( &<1 .m :4nm~~11. /9d-i iï]i;~ EXHIBIT A 9-8-89 ".b ._.._._._....~--_.-..,,-,_.,_._._... COUNCIL AGENDA STATEMENT Item No, ? Meeting Date 11/30/99 ITEM TITLE: Adoption of Resolutions relating to the March 7, 2000 General Municipal Election: A Resolution ofthe City Council ofthe City ofChula Vista, California, requesting the Board of Supervisors to permit the Registrar of Voters to perform services for the conduct ofthe General Municipal Election for the City of Chula Vista to be consolidated with the statewide Primary Election to be held on March 7, 2000, B, Resolution of the City Council ofthe City ofChula Vista, California, approving impartial analyses and arguments in support of proposed Charter amendments to be submitted to the electorate at the General Municipal Election to be held in said City on Tuesday, March 7, 2000, SUBMITTED BY: Susan Bigelow, CMC!AAE,~ Clerk Sß John Kaheny, City Attorney' John Dorso, Chair of the Charter Review Commission:JÐ The purpose of the March 7, 2000 General Municipal Election is to select two Members ofthe City Council to fill Seats 3 and 4 and to submit two proposed Charter Amendments to the electorate, The adoption of resolutions requesting the services of the Registrar of Voters and approving impartial analyses and arguments in support of proposed Charter amendments are required by the California Elections Code, RECOMMENDATION: Council adopt the Resolutions. BOARDS AND COMMISSION RECOMMENDATION: The Charter Review Commission has reviewed and approved the proposed Charter amendments and the arguments in support of the arpendments, BACKGROUND: On November 9,1999, the Council adopted Resolution No, 19637, calling a General Municipal Election to be consolidated with the state primary election to be held Tuesday, March 7, 2000. The purpose of the General Municipal Election is to select two (2) Members of the City Council to fill Seats 3 and 4 and to submit two proposed Charter amendments to the electorate. Elections Code Section 10403 requires the adoption of a resolution requesting the Board of Supervisors (I) to consolidate Chula Vista's election with the statewide primary and (2) to permit the Registrar of Voters to perform certain services in conjunction with the City's election, 7--/ On November 16, 1999, the Council approved recommendations submitted by the Charter Review Commission to place Charter amendmeritmeasures on the ballot to modifY Section 1009 relating to design-build regulations and to make changes to Sections 302 and 304( c) to eliminate a repetitive reimbursement provision and setting the Mayor's salary as a percentage of the salary of a Judge of the Superior Court, Elections Code Section 9280 directs the City Attorney to prepare an impartial analysis of each proposed measure to amend the City's Charter. Elections Code Section 9282 authorizes the City Council, or any member or members ofthe City Council authorized by the City Council, to file a written argument for any City measure. The Charter Review Commission has prepared arguments in favor of both proposed Charter amendments. Elections Code Section 10403 requires that the Registrar of Voters receive resolution(s) requesting consolidation and services by December 10, 1999. If there will be measures on the ballot, the ballot text must be included in the resolution, along with other sample ballot material. It is, therefore, recommended that the Council adopt the proposed resolutions at this time. FISCAL IMPACT: $30,000 has been budgeted in the 1999-2000 budget for the election, and it is anticipated that the amount budgeted is sufficient. H,I,haredlcle<.kle1ect;unö\agenda report " 7..02 RESOLUTION NO, - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM SERVICES FOR THE CONDUCT OF THE GENERAL MUNICIPAL ELECTION FOR THE CITY OF CHULA VISTA TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON MARCH 7, 2000 WHEREAS, the City Council of the City ofChula Vista has called an election to be held in this City on March 7, 2000; and WHEREAS, Section 439.1 of the Administrative Code of the County of San Diego authorizes the Registrar of Voters of the County of San Diego to render specified services relating to the conduct of an election to any city or district which has by resolution requested the Board of Supervisors to permit the Registrar to render the services, subject to requirements set forth in that section; and WHEREAS, a statewide election has been called to be held on the same day; and WHEREAS, pursuant to SB 230, the Board of Supervisors has approved the consolidation of the Chula Vista General Municipal Election with a statewide primary election to be held on the same day. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER, as follows: SECTION I, Pursuant to above-cited provisions, the Board of Supervisors of the County of San Diego is hereby requested to permit the Registrar of Voters to perform and render all services and proceedings, and to procure and furnish any and all official ballots, notices, printed matter and all supplies and equipment and paraphernalia incidental to and connected with the conduct of the subject election of the City ofChula Vista, with the cooperation and assistance of the City Clerk of Chula Vista, in order to properly and lawfully conduct such election, SECTION 2, The exact form of the offices to be voted upon to appear on the ballot and to be submitted to the voters are as follows: The election of two (2) Members of the City Council of said City for the full term of four " years, commencing December, 2000, SECTION 3, Two Charter Amendment measures to be submitted to the voters and to appear on the ballot as follows: Shall the Charter ofChula Vista be amended to set the Mayor's salary at YES 66% of the salary of a Judge of the Superior Court and to eliminate a repetitive provision regarding the reimbursement of out-of-pocket NO expenses incurred by Councilmembers and the Mayor? 7/1 ~/ Shall the Charter ofChula Vista be amended to give the City the option of YES hiring a single firm to both design and build a public works project? NO SECTION 4. The Board of Supervisors of the County of San Diego is hereby requested to consolidate this election with the statewide election to be held on the same day, in the same territory. SECTION 5, Pursuant to Section 1041 I and Section 10418 of the Elections Code, (a) the election shall be held in all respects as ifthere were only one election; (b) only one form of ballot shall be used; and (c) the Registrar of Voters of the County of San Diego shall canvass the returns of the subject election as part of the canvass of the returns of the election consolidated hereby, SECTION 6. Pursuant to Section 10410 and Section 10418 of the Elections Code within the territories affected by this consolidation, the election precincts, polling places, voting booths and polling hours shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. SECTION 7, The County of San Diego shall be reimbursed in full for the services performed by the Registrar of Voters for the City ofChula Vista upon presentation ofa bill therefor, and this City agrees to indemnify and save free and harmless the County, its officers, agents and employees from expense or liability, including reasonable attorneys' fees, as a result of an election contest arising after conduct of this election. SECTION 8, The City Clerk is hereby directed to deliver forthwith certified copies of this resolution to the Clerk ofthe Board of Supervisors ofthe County of San Diego and to the Registrar of Voters of the County of San Diego, Presented by Approved as to form by Susan Bigelow, City Clerk 719/02. RESOLUTION NO, 19673 RESOLUTION OF THE CITY COUNCiL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING IMPARTIAL ANALYSES AND ARGUMENTS IN SUPPORT OF PROPOSED CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORATE AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 7, 2000 The City Council of the City ofChula Vista does hereby resolve as follows: WHEREAS, by Resolution No, 19637, the City Council of the City ofChula Vista did call an election and consolidated said election with the state primary election to be held on Tuesday, March 7, 2000, for the purposes of electing two members of the City Council and of submitting measures amending the Charter to the qualified electors of the City ofChula Vista; and WHEREAS, at its meeting of November 16, 1999, the City Council approved recommendations of the Charter Review Commission to place Charter amendment measures on the March 7, 2000 ballot to modify Section 1009 relating to design-build regulations and to make changes to Sections 302 and 304(c) to adjust the salary received by Councilmembers and adjust the Mayor's salary based on a percentage of the salary of a Judge of the Superior Court; and WHEREAS, Elections Code Section 9280 directs the City Attorney to prepare an impartial analysis of each proposed measure to amend the Charter of the City of Chula Vista; and WHEREAS, Elections Code Section 9282 authorizes the City Council, or any member or members of the City Council authorized by the City Council, to file a written argument for any City measure; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the City Attorney's impartial analyses, attached hereto as Exhibit "A," and written arguments, attached hereto as ExhilJit "B," Presented by Approved as to form by :.- ~--L tLL ~ '(, d ~ Susan Bigelow 0 City Clerk Resolution 19673 Page 3 EXHIBIT "A" CITY ATTORNEY'S IMPARTIAL ANALYSES MEASURE 1: SHALL THE CHARTER OF CHULA VISTA BE AMENDED TO SET THE MAYOR'S SALARY AT 66% OF THE SALARY OF A JUDGE OF THE SUPERIOR COURT AND TO ELIMINATE REIMBURSEMENT OF OUT-OF-POCKET EXPENSES INCURRED BY COUNClLMEMBERS? This proposition would amend Article III, Section 302 eliminating the $50 per month reimbursement of out-of-pocket expenses incurred by Council members, This proposition would also amend Section 304(c) to set the Mayor's salary at 66% of the salary ofa Judge of the Superior Court of the State of California, Superior Court Judges currently receive an annual salary of$117,9l2. The Mayor's salary would be $77,821. Increases in the Mayor's base salary would be tied to increases in the salary ofa Superior Court Judge, which is based upon the salary of state employees, Under existing law, the Mayor currently receives a salary of $46,2 10, As Councilmembers are compensated based on a percentage of the Mayor's salary, approval of this measure would result in an increase in salary to the Councilmembers, MEASURE 2: SHALL THE CHARTER OF CHULA VISTA BE AMENDED TO GIVE THE CITY THE OPTION OF HIRING A SINGLE FIRM TO BOTH DESIGN AND BUILD A PUBLIC WORKS PROJECT? The City Charter currently requires that contracts for the construction or repair of public buildings, streets, utilities and other public works be awarded to the lowest responsible bidder. Generally, plans for these projects are prepared in advance by design firms hired by the City, Contractors review these plans and submit sealed bids for the construction work under current Charter language, The contract is awarded to the contractor with the lowest bid, As an alternative to awarding a construction contract to the lowest bidder, this proposed Charter amendment gives the City the option of hiring a single firm to both design and build a public works project. If approved, this amendment would allow firms to submit proposals to meet the City's r~quirements for a particular project Competing proposals would be evaluated on criteria to be adopted by the City Council if this measure passes, The criteria might include price, quality, feasibility, efficiency, ease and cost of maintenance, durability, compatibility with existing facilities, as well as the firms' qualifications and experience, If this Charter amendment is approved, the winning proposal would not necessarily be the proposal with the lowest bid, The winning proposal would be determined based on the criteria established by the Council. EXHIBIT "B" ARGUMENTS IN FAVOR OF MEASURES MEASURE I: SHALL THE CHARTER OF CHULA VISTA BE AMENDED TO SET THE MAYOR'S SALARY AT 66% OF THE SALARY OF A JUDGE OF THE SUPERIOR COURT AND TO ELIMINATE A REPETITIVE PROVISION REGARDING THE REIMBURSEMENT OF OUT-OF- POCKET EXPENSES INCURRED BY COUNCILMEMBERS AND THE MAYOR? The Mayor's salary was last set by the voters in 1988. Since that time, Chula Vista has continued to grow in size and has achieved an important role in the regional decision-making process, The Mayor serves as the chief representative for San Diego County's second largest city. The Mayor is involved in daily discussions which impact the future of our city, While the City Manager is responsible for City operations and implementing policy as approved by the Council, the policy activities of the Mayor are crucial to the City to insure that its rights and resources are protected, Chula Vista's Mayor is not a figurehead, but is heavily involved in the development of City policy and regional issues impacting our City. The Mayor deserves to be reasonably compensated for the effort that will be necessary to lead Chula Vista into the next millenium, We urge you to vote "yes" on Proposition_, John Dorso, Chairman Charter Review Commission 7ß3 MEASURE 2: SHALL THE CHARTER OF CHULA VISTA BE AMENDED TO GIVE THE CITY THE OPTION OF HIRING A SINGLE FIRM TO BOTH DESIGN AND BUILD A PUBLIC WORKS PROJECT? This proposition will amend the City Charter to allow the same COntractor to both design and build a City project through a single contract. Under Design-Build, one contractor is responsible for both design and the construction, as compared to the method ofbaving one firm do the design and another do the construction. Design-Build can provide significant cost and time savings due to single-source responsibility. REDUCES COSTS ON CITY OF CIruLA VISTA PROJECTS FOR TAXPAYERS · Lowers construction overhead and project financing costs · Allows builder flexibility to use cost-saving construction methods · Lowers legal costs due to clearer liability fur entire project PRODUCES IDGHER QUALITY PROJECTS · Eliminates any misconununication between designer and builder ACCELERATES COMPLETION OF PROJECTS · Provides flexibility to accelerate completion of construction · Consolidates design and construction procurement into a single selection process This proposition will not require the use of the Design-Build method-it will merely make it available as one method project managers can use...nor will it jeopardize the jobs of existing City employees. The Design-Build method is already used for projects in many cities, states, and by agencies of the federal government. Chula Vista should be able to cut costs, too! Vote YES on Proposition _. Reduce costs, build high quaity projects, and reduce construction time and impacts! John Dorsa, Chairman Charter Review Commission /g~1 ...,.-------. Resolution 19673 Page 5 MEASURE 2: SHALL THE CHARTER OF CHULA VISTA BE AMENDED TO GIVE THE CITY THE OPTION OF HIRING A SINGLE FIRM TO BOTH DESIGN AND BUiLD A PUBLIC WORKS PROJECT? This proposition will amend the City Charter to allow the same contractor to both design and build a City project through a single contract. Under Design-Build, one contractor is responsible for both design and the construction, as compared to the method of having one firm do the design and another do the construction, Design-Build can provide significant cost and time savings due to single-source responsibility, REDUCES COSTS ON CITY OF CHULA VISTA PROJECTS FOR TAXPAYERS . Lowers construction overhead and project financing costs . Allows builder flexibility to use cost-saving construction methods . Lowers legal costs due to clearer liability for entire project PRODUCES HIGHER QUALITY PROJECTS . Eliminates any miscommunication between designer and builder ACCELERATES COMPLETION OF PROJECTS . Provides flexibility to accelerate completion of construction . Consolidates design and construction procurement into a single selection process This proposition will not require the use of the Design-Build method-it will merely make it available as one method project managers can use" ,nor will it jeopardize the jobs of existing City employees, The Design-Build method is already used for projects in many cities, states, and by agencies of the federal government. Chula Vista should be able to cut costs, too! Vote YES on Proposition -' Reduce costs, build high quality projects, and reduce construction time and impacts! : John Dorso, Chairman Charter Review Commission ~M It- -.- ......~..,;;- MEMORANDUM ~-~ cm OF CHUlA VISTA OFFICE OF THE CITY CLERK Date: November 24, 1999 To: All Department Heads From: Georgene Pharis, Records Manager ~ Subject: Agenda Item 8 Please find a revised agenda statement and attachment to Item 8 from the November 30th Council Meeting Agenda attached to this memo, Please replace the original agenda statement and attachment with these revised editions, Our apologies for the necessity of the change, COUNCIL AGENDA STATEMENT Item: !í Meeting Date: 11/30/99 ITEM TITLE: Resolution of the City Council of the City of Chula Vista waiving the City's formal bidding process, approving an amendment to an agreement between the City of Chula Vista and MNA Consulting for land use consulting services related to the proposed City of Chula Vista Multiple Species Conservation Program Subarea Plan, authorizing the Mayor to execute said agreement, and amending the fiscal year 1999-2000 Budget by appropriating $77,760 to the Planning and Building Department from the available fund balance of the General Fund. Resolution of the City Council of the City of Chula Vista waiving the City's informal bidding process, approving the agreement between the City of Chula Vista and Remy, Thomas and Moose, LLP for legal services related to the proposed City of Chula Vista Multiple Species Conservation Program Subarea Plan and authorizing the Mayor to execute said agreement, and amending the fiscal year 1999-2000 Budget by appropriating an additional $12,500 to the Planning and Building Department from the available fund balance of the General Fund. SUBMITTED BY: Director of Planning and BUildin~ REVIEWED BY: City Manager (4/5ths Vote: Yes]LNo--> The Agreement between the City of Chula Vista and Remy, Thomas and Moose, LLP has been finalized. We include for your packet a revised Item #8 to replace the Item #8 which was previously provided. H:\SHAREDIATIORNEY\MNA A1l3C.doc ?-j COUNCIL AGENDA STATEMENT Item: Sf Meeting Date: 11/30/99 ITEM TITLE: Resolution of the City Council of the City of Chula Vista waiving the City's formal bidding process, approving an amendment to an agreement between the City of Chula Vista and MNA Consulting for land use consulting services related to the proposed City of Chula Vista Multiple Species Conservation Program Subarea Plan, authorizing the Mayor to execute said agreement, and amending the fiscal year 1999-2000 Budget by appropriating $77,760 to the Planning and Building Department from the available fund balance of the General Fund. Resolution of the City Council of the City of Chula Vista waiving the City's informal bidding process, approving the agreement between the City of Chula Vista and Remy, Thomas and Moose, LLP for legal services related to the proposed City of Chula Vista Multiple Species Conservation Program Subarea Plan and authorizing the Mayor to execute said agreement, and amending the fiscal year 1999-2000 Budget by appropriating an additional $12,500 to the Planning and Building Department from the available fund balance of the General Fund. SUBMITTED BY: Director of Planning and Building ~ REVIEWED BY: City Manager (4/5ths Vote: YeslLNo..-J In April 1999, MNA Consulting was retained by the City of Chula Vista to draft a revised MSCP Subarea Plan, assist in the drafting of the Implementing Agreement, and assist in processing the draft Subarea Plan and Implementing Agreement through the public hearing and approval process. Once the Draft MSCP Subarea Plan is released for public review, an analysis under the California Environmental Quality Act (CEQA) to determine the appropriate environmental documentation for the Subarea Plan will be necessary, After City Council adopts the City's MSCP Subarea Plan there will be a variety of tasks necessary to ensure smooth and timely implementation of the Plan. City staff have determined that the scope of work for completion of the City's MSCP Subarea Plan has expanded and additional tasks have been identified related to Plan implementation. Staff recommends that the existing agreement with MNA Consulting be amended to include the expanded scope of work for completion of the MSCP Subarea Plan and associated implementation tasks. The resulting fiscal impact of approving the MNA Consulting contract would be an amendment to the Fiscal Year 1999-2000 budget to appropriate $77,760 from the available funds balance of the City of Chula Vista General Fund to the Department of Planning and Building. In addition, staff recommends that Remy, Thomas and Moose, LLP be retained to review and advise the City on the preparation of the environmental analysis and documentation for the City's MSCP Subarea Plan. Council approved a $20,000 budget appropriation to the Planning and Building Department in April 1999 for legal services relating to the environmental documentation for the City's MSCP Subarea Plan. Staff believes an additional $12,500 will be required to complete the legal work necessary on the MSCP Subarea Plan. Ý-.è Page 2, Item: L Meeting Date: 11/30/99 RECOMMENDATION: 1. That the City Council adopt Resolution of the City Council of the City of Chula Vista waiving the City's formal bidding process, approving an amendment to an agreement between the City of Chula Vista and MNA Consulting for land use consulting services related to the proposed City of Chula Vista Multiple Species Conservation Program Subarea Plan, authorizing the Mayor to execute said agreement, and amending the fiscal year 1999-2000 Budget by appropriating $77,760 to the Planning and Building Department from the available fund balance of the General Fund. 2. That the City Council adopt Resolution of the City Council of the City of Chula Vista waiving the City's informal bidding process, approving the agreement between the City of Chula Vista and Remy, Thomas and Moose, LLP for legal services related to the proposed City of Chula Vista Multiple Species Conservation Program Subarea Plan and authorizing the Mayor to execute said agreement, and amending the fiscal year 1999-2000 Budget by appropriating an additional $12,500 to the Planning and Building Department from the available fund balance of the General Fund. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background The Multiple Species Conservation Program is a comprehensive, long-term habitat conservation plan which addressed the needs of multiple species and the preservation of natural vegetation communities in south San Diego County. The MSCP Framework Plan was adopted by the City of San Diego and County of San Diego in 1997. It addresses the potential impacts of urban growth, natural habitat loss and species endangerment, and creates a plan to mitigate for the potential loss of "Covered Species" and their habitat due to the direct impacts of future development of both public and private lands within the MSCP study area. In 1996, Council authorized staff to forward a draft version of its MSCP Subarea Plan to the City of San Diego for inclusion into the Draft MSCP Environmental Impact Report/Environmental Impact Statement (EIR/EIS). Various policy options were contained in Chula Vista's Draft MSCP Subarea Plan the most important of which was the inclusion of a university site within the Salt Creek Canyon area of Otay Ranch. In April 1999, MNA Consulting was retained by the City of Chula Vista to draft a revised Subarea Plan, assist in the drafting of the Implementing Agreement, and assist in processing the draft Subarea Plan and Implementing Agreement through the public hearing and approval process. To date, MNA Consulting has worked with City staff, the Wildlife Agencies, landowners, and representatives of the environmental community to prepare the City's Administrative Draft MSCP Subarea Plan. A revised Draft Subarea Plan for ð'-3 Page 3, Item: l Meeting Date: 11/30/99 full public review is anticipated by the beginning of January 2000. Once the Draft MSCP Subarea Plan has been released for public review, an analysis under the California Environmental Quality Act (CEQA) to determine the appropriate environmental documentation for the Chula Vista Subarea Plan will be necessary. After City Council adopts the City's MSCP Subarea Plan there will be a variety of tasks necessary to ensure smooth and timely implementation of the Plan. These tasks include preparation of a new Habitat Loss and Incidental Take Ordinance, and amendment of various plans and ordinances to be consistent with the City's MSCP Subarea Plan. Consultant Services Selection Process 1. MNA Consulting The City of Chula Vista has determined the scope of work for completion of the City's MSCP Subarea Plan has expanded and additional tasks have been identified related to Plan implementation. Department of Planning and Building staff have determined that land use consulting services of a firm that is very familiar with the overall Multiple Species Conservation Program and the City of Chula Vista's MSCP Draft Subarea Plan are necessary for timely and adequate completion of the City's Subarea Plan and the continuity of tasks related to the implementation of the Subarea Plan. MNA Consulting has been under contract with the City for assisting in the preparation of the City's MSCP Subarea Plan. Amending MNA Consulting's contract with the City will allow for timely completion of the Subarea Plan and associated implementation tasks. Pursuant to Chula Vista Municipal Code Section 2.56.070, staff believes that competitive bidding is impractical, and recommends waiving the normal consultant selection process for the following reasons: a. MNA Consulting has provided significant time and effort in the preparation of the City's Draft MSCP Subarea Plan and is extremely knowledgeable of the political and technical aspects of the project. b. Selection of an alternate firm would delay approval and implementation of the Subarea Plan, as well as impact the timeliness of processing and approval of development projects in the Otay Ranch, Rolling Hills Ranch, and San Miguel Ranch. c. Cost estimates by MNA Consulting have been reviewed and are found to be reasonable. The consultant represents they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City within the necessary time f-V Page 4, Item: L Meeting Date: 11/30/99 frames. Department of Planning and Building staff have negotiated the details of this agreement in accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista Municipal Code. 2. Remy, Thomas and Moose, LLP The City of Chula Vista has determined it is in need of specialized legal services for review of the legal adequacy of the environmental documentation required for the MSCP Subarea Plan. The City Attorney's Office and the Environmental Review Coordinator have determined that the legal services of a law firm that specializes in CEQA, as well as the processing of various federal and state environmental clearances (i.e., 404 permit, 1603 streambed alteration agreement, etc) , are necessary to ensure the environmental documents are fully prepared in accordance with CEQA. The law firm of Remy, Thomas and Moose, LLP, is known throughout the State of California for their expertise and experience regarding CEQA. Pursuant to ChuIa Vista Municipal Code Section 2.56.070, staff believes that competitive bidding is impractical, and recommends waiving the normal consultant selection process for the following reasons: a. Remy, Thomas and Moose, LLP has provided significant time and effort advising on the preparation of the Environmental Impact Report of the City's General Plan, as well as numerous other environmental documents for various projects in the City. b. Remy, Thomas and Moose, LLP has been retained as counsel on related litigation. c. Cost estimates by Remy, Thomas and Moose, LLP have been reviewed and are found to be reasonable. The consultant represents they are experienced and staffed in a manner such that they can prepare and deliver the required services to the City within the necessary time frames. The Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista Municipal Code and Sections 6.5.2 and 6.6 of the Environmental Review Procedures. Scope of Work 1. MNA Consulting As an amendment to the existing agreement between the City of Chula Vista and MNA Consulting, MNA Consulting will perform tasks associated with an expanded scope of work for completion and implementation of the City's MSCP Subarea Plan for the time period of January 2000 through June 2000. These tasks include the following: ¡:.- ~- Page 5, Item: ~ Meeting Date: 11/30/99 a. Negotiate with the Wildlife Agencies and coordinate the completion of a [mal Implementing Agreement for adoption by City Council. b. Coordinate Conservation Biology Institute's preparation of an Otay River Valley Study to be included in the appendix of the City's MSCP Subarea Plan. c. Coordinate with City Staff in the preparation of a new Habitat Loss and Incidental Take Ordinance as well as participate in negotiations with the Wildlife Agencies for creating the final ordinance for adoption by City Council. d. Review the City's MSCP-related documents to determine if amendments will be necessary to ensure consistency with the City's MSCP Subarea Plan as well as coordinate with City staff for the necessary revision to the City's MSCP-related documents. e. Retain and coordinate the services of Dudek & Associates for providing environmental consulting services for preparation of analysis and associated documentation for the City's MSCP Subarea Plan compliance with CEQA. 2. Remy, Thomas and Moose, LLP Remy, Thomas and Moose, LLP will review, for legal adequacy, environmental documentation required for the MSCP Subarea Plan. The review and comments are to be in the form of margin notes. They will also review and modify as necessary Draft Findings of Fact in accordance with the CEQA, on behalf of the City of Chula Vista. FISCAL IMPACT: 1. MNA Consulting The City Council appropriated $127,000 for the original Agreement between the City and MNA Consulting in April 1999. The resulting fiscal impact of approving the Amendment to the MNA Consulting contract would be an amendment to the Fiscal Year 1999-2000 budget to appropriate $77,760 from the available funds balance of the City of Chula Vista General Fund to the Department of Planning and Building. 2. Remy, Thomas and Moose, LLP The City Council approved a budget appropriation to the Planning and Building Department of $20,000 in April 1999 for legal services relating to the environmental documentation for the City's MSCP Subarea Plan. Based on the work to be completed an additional $12,500 will be needed. The resulting fiscal impact would be an amendment to the fiscal year 1999-2000 Budget to appropriate $12,500 from the available fund balance of the General Fund to the Planning and Building Department. ~-cß Page 6, Item: ~ Meeting Date: 11/30/99 Attachments: Agreement between City of Chula Vista and MNA Consulting First Amendment to Agreement between City of Chula Vista and MNA Consulting Two Party Agreement between City ofChula Vista and Remy, Thomas and Moose, LLP H:\SHAREDlATTORNEYlMNA Al13,doc f-7 Resolution No, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA CONSULTING FOR LAND USE CONSULTING SERVICES RELATED TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, WAIVING THE CITY'S FORMAL BIDDING PROCESS, AND AMENDING THE FISCAL YEAR 1999-2000 BUDGET BY APPROPRIATING $77,760 TO THE PLANNING AND BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND, WHEREAS, on April 13, 1999 the City Council approved Resolution R19430 approving MNA Consulting as the consultant to help prepare the Multiple Species Conservation Project Subarea Plan (MSCP); and WHEREAS, the scope of work has expanded to include, but is not limited to, concept formation and outline for a Habitat Loss and Incidental Take Permit Ordinance; coordination of additional studies related to boundary adjustment for the University site; coordination with the City's internal and external legal staff for CEQA related issues; attend special meetings with the City's Resource Conservation Committee; and WHEREAS, staff recommends amending the existing contract with MNA Consulting to encompass the expanded scope of work to help ensure the MSCP process is completed in a timely manner; and WHEREAS, delays in completion of the MSCP will impact approval of the Otay Valley Regional Park and also impact development in San Miguel Ranch, Otay Ranch and Rolling Hills Ranch; and WHEREAS, the contract extension requested is not to exceed $77,760 and this appropriation was not foreseen, NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista approves the contract amendment with MNA Consulting. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista instructs the Mayor to sign said contract amendment. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1999-2000 budget by appropriating $77,760 to the Department of Planning and Building from the available fund balance of the General Fund. Presented by Approved as to form Robert A, Leiter Planning and Building Director ý-y RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S INFORMAL BIDDING PROCESS, APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL SERVICES RELATED TO THE PROPSED CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, on April 13, 1999, City Council approved Resolution No, 19427 which included $20,000 for contract environmental legal services related to preparation of the Multiple Species Conservation Plan (MSCP); and WHEREAS, funding for these legal services has already been paid-in-full by the seven developers impacted by the MSCP; and WHEREAS, on October 19,1999 City Council approved Resolution 19633 approving an $80,000 agreement with Remy, Thomas & Moose for specialized CEQA legal services related to the Olympic Parkway; and WHEREAS, the City requires this specialized legal services in the preparation of the legal document associated with the adoption of the MSCP, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the agreement with Remy, Thomas & Moose for legal services related to the City's preparation of the MSCP. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista instructs the Mayor to sign said Agreement. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 1999-2000 budget by appropriating $12,500 to the Department of Planning and Building from the available fund balance of the General Fund, Presented by Approved as to form by Robert A. Leiter Planning and Building Director H ;ISharedlPlann i nglRemy2, doc 'f?--1 ---------- ------------,-------- -' -" ~Z ATTACHMENT 1 Agreement between City of Chula Vista and MNA Consulting for Consulting Services Related to the Multiple Species Conservation Program (MSCP) Subarea Plan This Consulting Services Agreement ("Agreement"), dated April 13, 1999 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the City Council agrees to waive the formal bid process for the selection of consulting services, as defined in Section 2.56.070 of the Municipal Code, citing that it was impractical to conduct a formal bid process for the selection of consulting services where a unique understanding and expertise linked to prior consulting work on issues related to the siting of a university on Otay Ranch and habitat conservation planning in other jurisdictions; Whereas, Consultant shall assist the City in completing successful negotiations with the State and Federal Wildlife Agencies on a Multiple Species Conservation Plan for the City; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 1 I 1 )~JjJ{} ,-,------~-- --- , Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 2 ~. fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Corrnnercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the corrnnencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 3 .3 ,-,---, same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of 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 Credi t ", 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 h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 4 'I ,--,,-,--------,--- 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, 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 beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 5 5" --,----- ." payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 6 ~ If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B, Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant 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. h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 7 7 Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ( "Prohibi ted 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 the conduct of the Consultant, or any agent or employee, subcontrac- tors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall in- clude any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defend- ing against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 8 g subsequent declaration by the Consultant. 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. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 9 f 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 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 h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 10 (0 mH ,~--~' m,__,___m_- No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1. 34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgement 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 h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 11 If ,~,~_.. '~,~,~---, or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any 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.] h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 12 /2,. Signature Page to Agreement between City of Chula Vista and MNA Consulting for Consulting Services Related to MSCP Subarea Plan IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: A/',f/~ /3, 19.2C; City of Chula Vista by: ~/~ Shirley rton, Mayor Attest: ~WáÆ í=3~ Susan Bigelow, City lerk Approved as to form: r?~c,~~ John. aheny, City A orney Dated: 4/¡t3l q 9 MNA CONSULTING Dba of McKinley Nielsen Associates, Inc. Exhibit List to Agreement (X) Exhibit A. h:\shared\planning\duane\rnnacnt-l.agr April 13, 1999 Page 13 /3 Exhibit A to Agreement between City of Chula Vista and MNA Consulting 1. Effective Date of Agreement: ADril 13. 1999 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: ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: MNA Consulting 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 427 "c" Street, Suite 308 h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 14 1'1 San Diego, California 92101 Voice Phone (619) 239-9877 Fax Phone (619) 239-9878 7. General Duties: Consultant shall prepare a revised draft MSCP Subarea Plan and participate in negotiations with both property owners and the Wildlife Agencies to resolve the final MSCP boundaries and related issues. Consultant shall coordinate the completion of an Implementing Agreement for the MSCP Subarea Plan. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Consultant shall provide policy advice and work with the City to achieve the City's objectives in developing an MSCP program that will ,be acceptable to both the City and to State and Federal agencies. Consultant shall represent the City in all negotiations with the California Department of Fish and Game and the u.S. Fish and Wildlife Services. Consultant shall assist the City in reviewing planning options and developing both planning and negotiation strategies. Consultant shall prepare a revised draft Subarea Plan for review by the City and Agencies and shall work with the City to develop acceptance from the Agencies for the document. Consultant shall coordinate processing of the final Subarea Plan through the City. Coordination shall include the following: Oversight for preparation of appropriate environmental review documents (to be prepared by City staff); Coordination with City staff and outside Counsel in preparation of appropriate and necessary environmental review documents; Coordination with City attorney and outside counsel in preparation of Implementing Agreement and negotiation with Wildlife Agencies; and Attendance at all City hearings. h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 15 1"- Consultant shall coordinate all work provided by sub consultants listed in Paragraph 17 below. 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: See Exhibit B for timeframe of deliverables Deliverable No. 2: Deliverable No. 3: D. Date for completion of all Consultant services: October 31, 1999 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). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: City shall provide Consultant with a variety of background material pertaining to the MSCP processing, including the City's Draft MSCP Subarea Plan. 11. Compensation: A. ( ) 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 h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 16 /v amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 17 /7 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 Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 18 Ii' -----,- of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $127,000 including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate Senior Partner McKinley/Nielsen $135 Associate Morrison $ 85 Research Assistant Alcantara $ 75 Administrative Assistant Floridi $ 65 ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 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 h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 19 /9 -- ---~------,- 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 $ : :[.3. Contract Administrators: City: Robert Leiter Planning Director 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5101 Consultant: Laurie J. McKinley MNA Consulting 427 "C" Street, Suite 308 San Diego, CA 92101 (619) 239-9877 (619) 239-9878/fax 14. Liquidated Damages Rate: ( ) $ - per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 20 2-CI (X) Not Applicable. Not an FPPC Filer. ( ) 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: h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 21 .:Lr -,-~--~- RMA Consulting 3215 Don Rolando Escondido, CA 92025 (760) 743-3156 (760) 741-3070/fax Dudek & Associates 605 Third Avenue Encinitas, CA 92024 (760) 942-5147 (760) 632-0164/fax 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X ) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X ) End of the Month ( ) Other: C. City's Account Number: 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determinès that the Retention Release Event, listed below, has occurred: h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 22 .;L.;z" (X ) Retention Percentage: ~ % ( ) Retention Amount: $ Retention Release Event: (X ) Completion of All Consultant Services ( ) Other: h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 23 ~3 t) w C > 0 Z l- t) 0 II. 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Attachment 2 FIRST AMENDMENT TO the Agreement between the City of Chula Vista and MNA Consulting, a California Corporation Recitals This First Amendment is entered into effective as of December 1999, by and between the City of Chula Vista ("City") and MNA Consulting, a California Corporation ("Consultant"), with reference to the following facts: WHEREAS, City and CONSULTANT previously entered into an agreement whereby CONSULTANT was to prepare a revised draft MSCP Subarea Plan; and WHEREAS, CONSULTANT prepared an administrative draft MSCP Subarea Plan; and WHEREAS, City determined additional work beyond the original Scope of Work would be necessary to complete the document; and WHEREAS, the parties negotiated a new Scope of Work; and WHEREAS, the parties now desire to amend the Agreement to expand the Scope of Work required of CONSULTANT to complete the MSCP Subarea Plan and to coordinate follow-up implementing tasks. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and CONSULTANT agree as follows: 1. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and Schedule, Detailed Scope of Work, is hereby amended to add the following paragraphs: Consultant shall continue to work with the City to achieve adoption of the MSCP Subarea Plan. Work shall include the following: Coordinate the preparation and submittal by City staff of the 10(a) permit application to the Wildlife Agencies; J-,¿, HolSharedlAttomeylMNA Contract AmendmentLdoc 10f5 . Assist City staff in the coordination of the preparation of the Otay River Valley study being conducted by Conservation Biology Institute; and Prepare the environmental review documents, including: (1) Task I - Using CEQA Guidelines, CONSULTANT shall evaluate the adequacy of the Final EIR/EIS for Issuance of Take Authorizations for Threatened and Endangered Species Due to Urban Growth within the Multiple Species Conservation Program Planning Area for the purposes of adopting the MSCP Subarea Plan. This evaluation shall focus on the process for a Responsible Agency in considering an EIR prepared by a Lead Agency (per Section 15096 of the California Code of Regulations). (2) Task II - If the EIR is adequate for the purposes of taking discretionary action on the Subarea Plan, Consultant shall prepare Draft Findings of Fact, in accordance with Section 15091 ofthe California Code of Regulations. (3) Task III - If as a result of the analysis the EIR is deemed inadequate, CONSULTANT shall conduct an Initial Study and provide the City with a draft completed checklist and detailed explanation of answers, as well as a Negative Declaration or Mitigated Negative Declaration. If after completion of an Initial Study, a Negative Declaration or Mitigated Negative Declaration is deemed inadequate for purposes of environmental review, preparation of any other document such as a supplemental EIR will be considered outside the scope of this Agreement, and will require an Amendment to this Agreement. Consultant shall work with the City to coordinate MSCP Subarea Plan implementation tasks. Work shall include: Coordinate preparation by City of the Habitat Loss and Incidental Take Ordinance; With participation by City staff, conduct negotiations with Wildlife Agencies to finalize the Habitat Loss and Incidental Take Ordinance; Review MSCP-related documents such as the General Plan, SPA Ordinance, Grading Ordinance, and Otay Ranch Resource Management Plan to determine if amendments will be necessary to ..¿¿ H:\SharedlAttomeyIMNA Contract Amendment! ,doc 2 of5 achieve consistency between MSCP Subarea Plan and said documents; Assist City in preparing draft amendment language for MSCP-related documents; Attend update meetings with outside agencies and groups such as the County of San Diego (quarterly), the City of San Diego (bi- annually), the Wildlife Agencies (bi-monthly), landowners and developers (bi-monthly), and environmental representatives (quarterly); and Attend all necessary meetings and hearings, as determined by staff" of the Resource Conservation Commission, Planning Commission, and City Council for approval of the Habitat Loss and Incidental Take Ordinance and other MSCP-related documents. 2. Exhibit A, Section 8.C of the original Agreement, entitled Dates or Time Limits for Delivery of Deliver ables, is hereby amended to add the following paragraphs; Deliverable No.1: City MSCP Subarea Plan approved by City Council by February 22, 2000 Deliverable No.2: Habitat Loss and Incidental Loss Ordinance by June 30, 2000 Deliverable No.3: Completed Amendments to MSCP-related Plans and Ordinances by June 30, 2000 Deliverable No.4: Task I of the Environmental Review by November 30, 1999 Deliverable No.5: Task II (Findings of Fact) of the Environmental Review by January 3, 1999 Deliverable No.6: Task III (Initial Study and Negative Declaration or Mitigated Negative Declaration) of the Environmental Review by January 3, 1999 .2.7 H:\SharedlAttomeyIMNA Contract Amendmentl ,doc 3 of5 3. Exhibit A, Section 11.C(1) of the original Agreement, entitled Compensation, Hourly Rate Arrangement, Not-to-Exceed Limitation on Time and Materials Arrangement, is hereby amended to read as follows: Rate Schedule Category of Employee of Consultant Name Hourly Rate Senior Partner McKinley/Nielsen $ 140.00 Research Associate Alcantara $ 85.00 Administrative Assistant Floridi/Lane $ 65.00 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 services pursuant to this expanded Scope of Work required of Consultant for $77,760, including all materials, and other "reimbursables" ("maximum compensation"). 4. Except as expressly provided herein all other provisions of the original Agreement shall remain in full force and effect. '¿ð'- HolSharedlAttomeylMNA Contract Amendment! ,doc 40f5 SIGNATURE PAGE TO FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA CONSULTING, A CALIFORNIA CORPORATION. City ofChula Vista MNA Consulting Dba of McKinley Nielsen, Associates, Inc. By By Shirley Horton, Mayor Laurie J. McKinley, Chairman Date Date By David C. Nielsen, President Date ATTEST: Susan Bigelow, City Clerk Approved in form by: John M. Kaheny, City Attorney 021' H:\SharedlAttomeyIMNA Contract Amendment! ,doc 5 of5 ATTACHMENT 3 Two Party Agreement between City of Chula Vista and Remy, Thomas, and Moose, LLP For Legal Consulting Services Re: MSCP Subarea plan This Agreement ("Agreement"), dated August 1, 1999, for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, Paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, Paragraph 3, and the entity indicated on the attached Exhibit A, Paragraph 4, as Consultant, whose business form is set forth on Exhibit A, Paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, Paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the City of Chula Vista has determined that it is in need of specialized legal services for review of the legal adequacy of certain environmental documentation required for the MSCP Subarea Plan; and WHEREAS, the project site consists of the City of Chula Vista, including planning boundary not currently a part of the City. WHEREAS, the Environmental Review Coordinator has determined that the legal services of a law firm that specializes in the California Environmental Quality Act (CEQA), as well as the processing of various federal and state environmental clearances (i.e., 404 permit, 1603 streambed alteration agreement, etc), are necessary to ensure that the environmental documents are prepared in accordance with CEQA, and WHEREAS, the law firm of Remy, Thomas, and Moose is known throughout the State of California for their expertise and experience regarding CEQA, and WHEREAS, pursuant to ChuIa Vista Municipal Code Section 2.56.070 that competitive bidding is impractical, and waive the normal consultant selection process because of Remy, Thomas, and Moose's historic significant time and effort advising on the preparation of the Environmental Impact Report of the General Plan, as well as numerous other environmental documents for various projects in the City, retention as counsel on related litigation, and reasonable fees, and WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to H: \H 0 me \P Ianni n g\Charl in e 1M SC Pre my thomas, a gr "9/J Page 1 11/24/99 City within the time frames herein provided all in accordance with the terms and conditions 0 this Agreement. WHEREAS, the Environmental Review Coordinator has otherwise negotiated the details of this agreement in accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista Municipal Code and Sections 6.5.2 and 6.6 ofthe Environmental Review Procedures. NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties. A. General Duties. Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope-of- Work and Schedule. In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled "Scope-of-Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this Agreement. The General Duties and the work and deliverables required in the Scope-of- Work and Schedule shall be herein referred to as the "Defined Services." Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope-of-Work. City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services. In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. H 0 IH 0 me \PI ann in g IChor I in elM S C Premytho mas, a gr 51 Page 2 11/24/99 E. Standard of Care. Consultant, in perfonning any Services under this Agreement, whether Defined Services or Additional Services, shall perfonn in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance. Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of" A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage, (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required nnder Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a H 0 IH 0 me \PI ann i n g IChar! in e 1M SC Pre mythomas ,a gr 5.:( Page 3 11/24/99 . --,.-,.,----'- policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond, In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond," in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit," in said Paragraph 19, Exhibit A. (3) Other Security. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License. Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 ofthe Chula Vista Municipal Code. 2. Duties of the City. A. Consultation and Cooperation. H ,\Home \PI ann;n glChar I ;n elM SCPremytho mas, agr 33 Page 4 11/24/99 City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this Agreement. The City shall permit access to its office facilities, files, and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this Agreement. B. Compensation. Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract. Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration ofthis 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 H , IH 0 me \PI ann in g IChor! in elMS C Premytho mas . a gr 3f- Page 5 11/24/99 performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant. A. Consultant is designated as an FPPC filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C, Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPL 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. H , IH orne \PI ann in g ICharl in elMS C P,emytho mas, a gJ' 3)- Page 6 11/24/99 D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. H ,\Horne \PI ann;n glChar I;n e 1M SCPo-emytho mas ,agr '1(" Page 7 11/24/99 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. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 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. 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 ifthere were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this Agreement. 10. Termination of Agreement for Convenience of City. City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability. The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by H, \H 0 me \P Ian n in g\Charl i n elM SC Premythomas. a gr '37 Page 8 11/24/99 assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants." 12. Ownership, Publication, Reproduction and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor. City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose ofresolving any dispute over the terms ofthis 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 H, \H 0 me \Plan n in g\Chad in e 1M SCPremytho mas ,agr '5J' Page 9 11/24/99 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 islare licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices. All notices, demands, or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties, D. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any 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. H, IH 0 me IP I an nin g IChari in e 1M SC Premythomas,a gr 37' Page 10 11/24/99 E. Capacity of Parties. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this 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.] H : \H 0 me \Plan nin g\C harl i n e 1M SCPremyth 0 mas ,agr if!? Page 11 11/24/99 Signature Page Agreement Between City of Chula Vista and Remy, Thomas, and Moose, LLP For Consultant Work Re: MSCP Subarea Plan IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms. Dated: City ofChula Vista By: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: Remy, Thomas, and Moose, LLP By: Tina A. Thomas, Partner By: Marilyn Ponseggi, Environmental Project Manager Exhibit List to Agreement (X) Exhibit A H , \Home \Plan n in glChar Ii n elM SC Pre myth 0 mas ,agr <.(/ Page 12 11/24/99 Exhibit A to Agreement between City of Chula Vista and Remy, Thomas, and Moose, LLP For Legal Consulting Services Re: MSCP Subarea Plan 1. Effective Date of Agreement: August 4, 1999 2. City-Related Entity: (X) City of ChuIa 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 ofChula Vista, a () Other: , a [insert business fonn] 3. Place of Business for City: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Remy, Thomas, and Moose, LLP 5. Business Fonn of Consultant: () Sole Proprietorship (X) Limited Liability Partnership () Corporation 6. Place of Business, and Telephone Number of Consultant: 455 Capitol Mall, Suite 210 Sacramento, CA 95814 Voice Phone (916) 443-2745; Fax: (916) 443-9017 H ,Ill orne \PI aon in g ICh", I in e 1M SC Po-emyth 0 mas ,agr Lf'-. Page 13 11/24/99 7. General Duties To the satisfaction of the City Attorney's Office and the City's Environmental Review Coordinator, review, for legal adequacy, environmental documentation required for the MSCP Subarea Plan and ensure preparation of Draft Findings of Fact in accordance with the California Environmental Quality Act (CEQA), on behalf of the City of Chula Vista. 8. Scope of Work and Schedule A. Detailed Scope of Work 1. Review environmental documents required for the MSCP Subarea Plan for compliance with CEQA, including providing comments in the form of margin notes. 2. Review and modify as necessary Draft Findings of Fact and any statement of overriding consideration in accordance with CEQA. 3, Attend meetings and Public Hearings as requested by staff. 4. Other duties as requested by City staff necessary to facilitate environmental review and approval of the documents by the City Council. However, if after completion and review of the City's preliminary environmental analysis of the proposed project, including preparation and review of an Initial Study, requires preparation of an environmental impact report under CEQA for the City's MSCP Subarea Plan, preparation of and/or review by Consultant of any such document will be considered outside the scope of this Agreement and may require amendment of this Agreement. 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: Comments in the form of margin notes on environmental documents including review of Responses to Comments. Deliverable No.2: Comments in the form of margin notes on draft Findings of Fact and Statement of Overriding Considerations. Deliverable No.3: Attendance at Planning Commission and City Council hearings on the draft environmental documents as scheduled and requested by City. H, \H 0 me \P Ian nin g\Chad in elM SC Premytho mas ,agr 'r!> Page 14 11124/99 D. Date for completion of all Consultant services: June 30, 2000 or upon final approval of environmental documents by the City Council. 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: $1,000,000 (not included in Commercial General Liability coverage). 10. Compensation: A. (X) Time and Materials For performance of the General and Detailed Services of Consultant as herein required, City shall pay Consultant for the productive hours of time and material spent by Consultant in the performance of said Services, at the rates or amounts set forth herein below according to the following terms and conditions: (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the General and Detailed Services herein required of Consultant for no more than $32,500 including all Materials, and other "reimbursables" ("Maximum Compensation"). Rate Schedule Category of Employee Hourly of Le!!al Consultant Name Rate Attorney - Partner Tina A. Thomas $210.00 Senior Associate John Mattox $165.00 ( ) Hourly rates may increase by 6% for services rendered after December, 1999, if delay in providing services is in the opinion of the City's Director of Planning and Building, caused by the City. H, III 0 me \PI ann in g ICbMI in elM SC Premytho mas, a gr vcr Page 15 11/24/99 11. Reimbursables a. Copies $.25 per page b. Facsimile $1.00 per page c. DeliverylPick up charges $7,50 per delivery in the Sacramento area ($.35 for each additional mile outside of Sacramento County) 12, Contract Administrators. City: Marilyn Ponseggi, Environmental Projects Manager 276 Fourth Avenue, ChuIa Vista, CA 91910 (619) 691-5707 Consultant: Tina A. Thomas Remy, Thomas, and Moose, LLP, Attorneys at Law 455 Capitol Mall, Suite 210 Sacramento, CA 95814 (916) 443-2745 13. (X) Not applicable. Not an FPPC Filer. ( ) 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. H, IHome \P! ann in g IChar! in e 1M SC Premytho mas ,a gr V) Page 16 11/24/99 -"-",-,,,,_.,,---,-- () Category No.7. Business positions. () List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 14. () Consultant is Real Estate Broker and/or Salesman. 15. Permitted Subconsultants: None. 16. Bill Processing: A. Consultant's billing to be submitted for the following period of time: (X) Monthly () Quarterly () Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month () 15th Day of each Month () End of the Month () Other: C. City's Account Number: 17. Security for Perfonnance (X) Not applicable. () Perfonnance Bond, $ () Letter of Credit, $ () Other Security: Type: Amount: $ () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City H ,\Horne \PI ann in g IChar I in elM SCPremyth 0 mas ,agr 1/(. Page 17 11/24/99 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: ( ) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services H 0 IH 0 me \Plan nin glCharl in elM SC Premythomas ,agr '0 Page 18 11/24/99 COUNCIL AGENDA STATEMENT Item: 'I Meeting Date 11/30/99 ITEM TITLE: Resolution approving the additional appropriation of $79,900 from the available fund balance of the general fund for professional services related to assessing potential impacts from the proposed Brown Field Cargo Port Expansion, and approving the addition of the funding to the Fiscal Year 1999-2000 budget of the Department of Planning and Building SUBMITTED BY: Director of Planning and BUilding1!At REVIEWED BY: City Manager (4/5ths Vote: Yes~No_) On November 24, 1998, City Council approved Resolution 19279 appropriating $25,000 for professional services related to assessing potential impacts frorn the proposed Brown Field Cargo Port Expansion and noise impacts of helicopter fly-overs originating from Ream Field, On March 8, 1999 the City contracted for $22,000 with Aviation Systems Associates, Inc. (ASA) to provide environmental impact report assessment and prepare issue papers, Staff recommends a further contract amendment of $25,000 for future services as required, calculated on a time-and- materials basis, This contract would put ASA on retainer for the City, and ensure a timely response to future actions by the City of San Diego, plan proponents, and other jurisdict-ional authorities, The City Attorney solicited assistance from the law firm of Howard Rice Nemerovski Canady Falk and Rabkin for their expertise in land use and aviation during this period of time, due to the specialized and complex nature of the Expansion proposal. The amount of this legal service retainer is expected be $45,000, The total of the additional services exceeds the original Council appropriation, and Staff requests an additional appropriation of $79,900 to fund this activity. RECOMMENDATION: That the City Council adopt the Resolution approving an additional appropriation of $79,900 from the available fund balance of the general fund for professional services related to assessing potential impacts from the proposed Brown Field Cargo Port Expansion, and approving the addition of the funding to the fiscal year 1999-2000 budget of the Department of Planning and Building. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: When the City of San Diego announced a proposal to expand Brown Field to accommodate an air cargo port capable of handling jumbo cargo aircraft, Staff recognized the potential environmental impact on the City of Chula Vista. On November 24, 1998, Council approved Resolution 19279 appropriating $25,000 for professional services related to assessing potential impacts from the proposed Brown Field Cargo Port Expansion and noise impacts of helicopter fly-overs originating from Ream Field, On March 8, 1999 the City of Chula Vista contracted with Aviation Systems Associates, Inc. (ASA) for $22,000 to review the Brown Field 9-/ Page 2, Item No.:- Meeting Date:1l!30!99 Cargo Port Master Plan and review the Environmental Impact Report! Assessment and prepare issue papers to report their findings. ASA was asked to assist and represent the City at meetings with plan proponents, the City of San Diego, and other jurisdictional authorities, This effort was beyond the scope of work of the original consultant and amounted to an additional $5,000, Asa result of the findings from the original scope of work and the likelihood ASA will be used for additional professional services to assist the City in reviewing and responding to the project plan revisions, Staff is recommending that a contract amendment of $25,000 for future services as required, calculated on a time-and-materials basis be approved, This contract would put ASA on retainer for the City, and ensure a timely response to future actions by the City of San Diego, plan proponents, and other jurisdictional authorities, Combined with the previous contract addition, staff requests an appropriation of $30,000 from the available fund balance of the general fund, and an amendment to the FY1999-2000 budget of the Department of Planning and Building to reflect this appropriation, Furthermore, after ASA analyzed and accumulated pertinent data concerning the proposed Brown Field Cargo Port Expansion, the City contracted with and retained the law firm of Howard Rice Nemerovski Canady Falk and Rabkin of San Francisco, With project attorney Mr. Richard Jacobs's specialized expertise in land use and aviation, he was able to draft effective, timely responses to SANDAG regarding the Comprehensive Land Use Plan and to the City of San Diego regarding the Brown Field EIR and Brown Field Master Plan, Future use of Mr, Jacobs depends on the actions of the City of San Diego and SANDAG, Staff recommends a $49,900 appropriation from the available fund balance of the general fund to cover the law firm retainer, $14,000 of which has already been invoiced for delivered services, and an amendment to the FY1999-2000 budget of the Department of Planning and Building to reflect this appropriation. FISCAL IMPACT: The entire $79,900 appropriation will come from the available fund balance of the general fund. Since City Staff does not know the future actions of the City of San Diego, SANDAG, proponents of the expansion plan, or other jurisdictional authorities, it is not known whether the entire appropriation will be necessary, Both the proposed retainer contract with Aviation Systems Associates and the retainer contract with Howard Rice Nemerovski Canady Falk and Rabkin are on a time-and-materials basis, Should there be no further actions from plan proponents, only an estimated $25,000 of the total appropriation will be spent. Ho ISHAREDlPLANNINGIASAatty Al IJ ,doc ?~;¿ Attachment 1 Summary of Professional Services Brown Field Cargo Port Expansion Budget Contract Authority Amount -------------------- -------------------- Appropriation Resolution 19279 FY98/99 25,000 . ASA Original Contract FY98/99 22,000 ASA Subsequent Contract 10/99 5,000 ASA Recommended Retainer 25,000 Aviation Law Firm Contract 49,900 -------------------- -------------------- Total 22,000 . 101,900 Additional Appropriation Needed 79,900 -------------------- 101,900 . Note: Since the original contract was for $22,000, only $22,000 budget authority carried into Fiscal Year 1999-2000. 93 '---- ----,-- - ,.- Resolution No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ADDITIONAL APPROPRIATION OF $79,900 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR PROFESSIONAL SERVICES RELATED TO ASSESSING POTENTIAL IMPACTS FROM THE PROPOSED BROWN FIELD CARGO PORT EXPANSION, AND APPROVING THE ADDITION OF THE FUNDING TO THE FISCAL YEAR 1999-2000 - BUDGET OF THE DEPARTMENT OF PLANNING AND BUILDING WHEREAS, on November 24, 1998 the City Council approved Resolution 19279 appropriating $25,000 for professional services related to assessing potential impacts from the proposed Brown Field Cargo Port Expansion and noise impacts of helicopter flyovers originating from Ream Field; and, WHEREAS, on March 8, 1999 the City of Chula Vista contracted with Aviation Systems Associates, Inc, (ASA) for $22,000 to review the Brown Field Cargo Port Master Plan and review the Environmental Impact ReporVAssessment and prepare issue papers; and, WHEREAS, on October 15, 1999 the City Manager approved a concurrent contract of $5,000 with ASA to cover attendance to meetings to represent the City of Chula Vista; and, WHEREAS, the City Attorney has requested $49,900 in professional services to heip with the speciaiized and complex iegal issues regarding the proposed Brown Field Cargo Port Expansion; and, WHEREAS, staff recommends a time-and-materials retainer contract with ASA for $25,000 for future services as required, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista approves an additional appropriation of $79,900, to be funded from the available fund balance of the general fund, BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista approves the addition of these funds to the approved fiscal year 1999-2000 budget of the Planning and -- Building Department. 0- Presented by Approved as to form by Robert A. Leiter Planning and Building Director H: IS HAR E DIP LANNI N G\ASAattyreso, d oc 9- 1 « CITY COUNCIL AGENDA STATEMENT Ie ITEM No. - MEETING DATI! 11/30/88 ITEM TITLE: RESOLUTION APPROVING TWO AFFORDABLE HOUSING AGREEMENTS RELATED TO PACIFIC BAY PROPERTIES HOUSING OBLIGATION WITHIN ROLLING HILLS RANCH AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENTS SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR I--~~<;S REVIEWED BY: CITY MANAGER ~(II (4/5"'8 VOTE: YI!S- N°..LJ Under the City's Affordable Housing Program Pacific Bay Properties, ('Develope~') is obligated to provide 10 percent (five percent low and five percent moderate) of the total dwelling units within Rolling Hills Ranch for low and moderate income households, It is anticipated that a total of 2,616 units will be built within Rolling Hills Ranch and therefore, the affordable housing obligation is 131 low-income units and 131 moderate-income units, The developer is proposing to mæt its low-income housing obligation by providing a mix of rental housing opportunities for seniors and families, More specifically, 32 units of a proposed 168 unit mu~i-family development within Neighborhood 4A shall be occupied and affordable to low-income families at the current density assumptions, A 116-unit senior apartment development will be reserved for and affordable to low-income households, Therefore, a maximum of 148 low- income units will be provided within Rolling Hills Ranch, which will remain affordable for a 20-year period, The site is located in a currently vacant section of Rolling Hills Ranch s~uated on the south side of MacKenzie Creek Road, (Exhibit 'A'), It is estimated that the proposed total project cost will be approximately $28 million, which will be self- financed by the developer, No direct subsidy is required from the City/Agency for this agreement. Staff recommends that the City Council adopt the resolution approving the Affordable Housing Agreements related to Pacific Bay Properties Affordable Housing obligation within Rolling Hills Ranch, -- - - On May 26, 1999, the Housing Advisory Commission voted to recommend the development of the proposed Affordable Housing Projects, The Design Review Committee reviewed the proposed plans on September 7, 1999 and recommended approval of the projects, The City of Chula Vista, along with all other cities in Califomia, is required to have a Housing Element as a component of its General Plan. The Housing Element describes the housing needs of the community and the responses necessary to fulfill them, )!J~i PAGE 2, ITEM- MEETING DATE 11/23/88 The City's Housing Element of 1991 contains numerous objectives, policies and related action programs to accomplish these objectives, Key among these is the Affordable Housing Policy which requires residential development with fifty (50) or more dwelling units provide a minimum of 10% of the total dwelling unfts for low and moderate income households, One half of these unfts (5% of the total project) are to be designated to low-income households and the remaining (5% of the total project) are to be designated to moderate-income households, This translates into a 131 unit low-income requirement for Rolling Hills Ranch (formally Salt Creek Ranch Planned Community) and 131 moderate-income households, In 1997, the City and the Developer executed an Affordable Housing Program and Agreement consistent with the Housing Element which delineates how, when, and where the units will be provided, as well as intended subsidies, income rent restrictions, and methods to verify compliance. The Rolling Hills Ranch Affordable Housing Program and Agreement dated June 17, 1997, states that 131 required low income units will be completed in two phases, The 'Inftial Phase' of Rolling Hills Ranch consists of approximately 1,140 unfts with the provision for fifty-seven (57) low-income housing units, The "Remaining Phase' consists of approximately 1,476 units with the provision for seventy-four (74) low income housing units, As proposed by the developer, a total of 148 units, (116 senior unfts and 32 family apartment units) will be designated as affordable to low-income households, This will result in 17 units in excess of the 131 required low-income units, All low-income housing units will be located at the southwest end of the planned community within a multi-family area identified in the Rolling Hills Ranch Development Phasing Plan as Neighborhood 4A (Exhibit "B'), This site is adjacent to the Cabo townhomes, the Thurgood Marshall Elementary School, and the planned Rolling Hills Ranch seven-acre Neighborhood Parle Projection DescriDtion The entire Rolling Hills Ranch Apartment Village will consist of two apartment communities; a 116-unft senior complex and a 168-unft family complex, Both apartment communities' will be designed concurrently for efficiency and design integration, (See attached preliminary site plan and elevation included as (Exhibft "C',) The architectural style will be compatible with the surrounding single-family homes of Spanish design, Senior ADartments The low-income senior units are planned as a three-story apartment building with target sizes ranging from 700 to 900 square feet. Floor plans will range from one bedroom and one bath to two bedrooms and two baths, These unit sizes are at the larger end of the spectrum for senior apartment projects, The buildings will be designed around courtyards with exterior corridors, a central exercise pool, leasing/recreation center and on-grade parking (one-half covered), Occupancy will be restricted to households with at least one member age 62 or older, FamilY Apartments The 32 low-income family units are planned within the 168-unit family project in two and three story apartment buildings and will range in size from 867 to 1,350 square feet. Floor plans range from one bedroom and one bath to three bedrooms and two baths, Similar in design to the senior apartment, the buildings are designed around courtyards with exterior corridors, a central pool, recreational facility, leasing office, and on grade parking with one covered space per unit. The affordable units will be interspersed within the 168 units, however, they may be limfted to the non-view locations, Of /¿J~;< PAGE 3. ITEM- MEETING DATE 11/23/99 the 168 units, there will be 52 (31%) one bedrooms, 92 (45%) two bedrooms, and 24 (14%) three bedrooms of which 8 (25%) one bedrooms, 12 (37'10) two bedrooms and 12 (37'10) three bedrooms will be affordable, Income, Rent, and AQe Restriction Both the senior and family units will have a household income restriction not to exceed 80% of the area median income (AMI) adjusted for household size. Senior apartment rental rates will not exceed the HUD fair mari<et rent (FMR) (approximately 30% of 60%) which includes the utility allowance, CurrenDy these rents range from $557 to $695 depending on unit size, All senior units will be restricted for occupancy by senior households with at least one member 62 years of age or older. The age, income and rent restrictions are incorporated into the Affordable Housing Agreement. Compliance with these restrictions will be subject annually to a regulatory audit by the Agency, As specified in the Agreement, leasing to tenants who are not income or age and income qualified for the senior project is a breach of the Agreement, and the Agency will require for such a lease to be lawfully terminated, Additionally, it is anticipated that age restriction will be self enforcing in that leasing of units in a senior housing development to other than qualified tenants would disqualified such development from its exemption from State and Federal Housing Law. The family apartment rent (including a utility allowance) will not exceed 30% of 60% of area median income, These rents currently range from $551 to $993 depending on unit size, Income, rent, and age restriction for both the senior and family units will be maintained for 20 years. The affordable housing commitment will bind all subsequent owners of these projects so that the commitments remain in force regardless of ownership, Overall Proiect Timeline The Developer is planning to construct all 116 senior apartment units at once, The family units will be designed concurrent with the seniors and will be constructed as per the approved Rolling Hills Ranch Tentative Map Phasing, The current schedule for the development is preliminary in nature and is subject to change, However, the target dates for the senior units are outlined as follows: /£)--3 PAGE 4, ITEM- MEETING DATE 1 1 123/88 ProDosed Financina of Project The total cost of the entire development is estimated at $28,000,000 of which $13,000,000 is the estimated cost of the affordable component. The developer is proposing to self-finance this project, In addition, the developer is proposing to use those funds collected from the Salt Creek I Cabo Bahia project in the amount of approximately $280,000 which are available for the development of affordable housing within Rolling Hills Ranch. Pursuant to the second amendment to the Affordable Housing Agreement to provide low and moderate income housing between the City and Pacific Bay Homes approved in May 1997, it was stipulated that unused funds which were contributed by the developer to assist with the affordable housing obligation at the Cabo Bahia project, shall be used by the developer at Rolling Hills Ranch, Approximately $280,000 previously set aside from the Cabo Bahia project will be used for this project. The proposed development to satisfy the Rolling Hills Ranch Affordable housing obligation will be se~ financed by the developer and will not require any City financial contribution, H;IHOMEICOMMOEV\STAFF,REPI11-O9-99\Rolling HiI~ Ranch,doc j¿}/f , -,,---,--,- RESOLUTION NO, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING TWO AFFORDABLE HOUSING AGREEMENTS RELATED TO PACIFIC BAY PROPERTIES HOUSING OBLIGATION WITHIN ROLLING HILLS RANCH AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENTS WHEREAS, City of Chula Vista (City) and Pacific Bay Properties (Pacific Bay) entered into an agreement on March 3,1992, to provide Low and Moderate Income Housing within Salt Creek I, known as document number CO92-026, a copy of which is on file in the Office of the City Clerk; and WHEREAS, City and Pacific Bay entered into a First Amendment to that agreement, which was approved by Resolution 16699 on June 30,1992; and WHEREAS, from 1992 until May 6,1997, Pacific Bay paid a Per Unit Subsidy as required by that agreement; and WHEREAS, in 1997 City and Pacific Bay executed the Affordable Housing Program and Agreement consistent with the City Housing Eiement calling for Pacific Bay to provide 131-units affordable to low-income households within Rolling Hills Ranch; and WHEREAS, Pacific Bay now proposes to build a 168-unit apartment complex of which 32- units will be affordable to low-income households and a 116-unit senior apartment complex which will also be affordable to low income households to satisfy Pacific Bay's low income housing obligation within Rolling Hills Ranch; and WHEREAS, Pacific Bay now proposes to use the funds collected by the City under the Per Unit Subsidy to pay the development fees associated with the development and construction of the affordable housing units within Rolling Hills Ranch, NOW, THEREFORE, BE IT RESOLVED the City of Chula Vista does hereby approve two affordable housing agreements related to Pacific Bay Properties low income housing obligation within Rolling Hills Ranch, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that each of the Mayor of the City of Chula Vista and the City Manager, or his written designee is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the Housing Agreements in substantially the form presented, with such additions thereto or changes therein as are recommended or approved by the City Manager or City Attorney and approved by the officer or officers executing the agreement, with the approval of such officer of officers to be evidenced conclusively by the execution and delivery of such agreements, Presented by Approved as to form by ~I kfLÛ"~M! ßLC( Chris Salomone Joh M. Kaheny , Director of Community Development City Attorney ~ /ð-5 ,. ! ~ EC'/ OSWELL ROAD I ION I CHULA VISTA PLANNING AND LOCATOR PROJECT BUILDING DEPART I (!) n~ PACIFIC BAY PROPERTIES ~œ MEN T SCRIPTION: ::::¡:g ""m~""'~"do DESIGN REVIEW I Neigh orhood 4A SCALE' Request: Proposed constructi - NORTH No Seal I FILE NUMBER: J ¿} ;mPlex with 284 d~~I~f a m~lti-famlly residential . e DRC-O0-02 - mg units. hlhomelolanninol rl I - ... ...,. ,_"aoslocatorsldrcOOO2 d ...".. ,cr7/20/99 == w U ~ z.~ Z ~ ~ ~ ¡ ~ ~ ¡.. ~ ,9 'c ~ ~ ø: bJlo ..... "0 = ... r~'.. g '" ~ 1 , -... 0 0° " r~'" ;:." ,¡¡ a 'I' - "'" .¡ '" ~ 8 ..!. ~ 0 =0 <Uc ~"~¡ = 0 s ~ ~ ~.. .... 0 13 0 .. , " U ~ =oæoe ,~ "C "t: i! .= ~ <U ~ ~s~ = <U bJI:= ~ "0 ~ ,~! ~ 'õ"" - Q ~ ~ ~~~ ~ ~<UQ~~ ~~ ~z~ - Eæ ~ j «DII ~ rJ'l /t//) .L18IHX3 + . i . ¡ . j . ~ . ! , ¡ . i , ! . ~ J . + ! . - - - -- -, ,I -' '--- 'I '! '-=-7 - --cC~ /P,-g/ ŒJ -, . rj " 1-6 I ¡ !IS'"" , ~d luj- l£J ¡:¡ ~ = -Ê ~ ,.., = ¡¡ ~ I ;: ~ ~ ¡: S ~ ~ .~ r.;¡ ~ - jt//; . .."""....""", THIS PAGE BLANK j¿J -- Ie Recording Requested byo ClTY CLERK When Recorded, Mail to: ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) ----------------------------------------------___m_____----------------- AFFORDABLE HOUSING AGREEMENT This Affordable Housing Agreement ("Agreement") is made as of , 1999 by and between the Pacific Bay Properties, a California corporation ("Property Owner"), and the City of Chula Vista, a California municipal corporation ("City"), with reference to the following facts; Recitals Whereas, City and Property Owner entered into an agreement on March 3, 1992, to provide Low and Moderate Income Housing within Salt Creek I, known as document number CO92-026, a copy of which is on file in the Office of the City Clerk; and Whereas, City and Property Owner entered into a First Amendment to that agreement, which was approved by Resolution 16699 on June 30,1992; and Whereas, from 1992 until May 6, 1997, Property Owner paid a Per Unit Subsidy as required by that agreement; and Whereas, on June 17, 1997, City and Property Owner executed the Affordable Housing Agreement to which the Program for Affordable Housing was attached as Exhibit "C" (the 1997 Affordable Housing Agreement) consistent with the City Housing Element caning for Property Owner to provide 131 units affordable to low-income households; and Whereas, Property Owner now proposes to build a 168-unit apartment complex of which 32 units win be affordable to low-income households to satisfy a portion of Property Owner's affordable housing requirement; and Whereas, concurrently herewith, the City and Property Owner are entering into a second Affordable Housing Agreement (the "Second Affordable Housing Agreement") whereby Property Owner has agreed to provide a 116 unit low income senior apartment complex to be rented to low income senior tenants; and Whereas, Property Owner's compliance with this Agreement and the Second Affordable Housing Agreement win satisfy Property Owner's low income housing obligation pursuant to the 1997 Affordable Housing Agreement; and 1 I¿)--// Whereas, Property Owner now proposes to use the funds collected by the City under the Per Unit Subsidy to pay the development fees associated with the development and construction of the affordable housing units within Salt Creek Ranch, NOW THEREFORE, in consideration of the mutual promises described herein, the parties agree as follows: 1. ProperlY Owner Commitment a. Property Owner is the legal owner of the fee title to real property described as Rolling Hills Ranch, Neighborhood 4A, south side of MacKenzie Creek Road. Said real property is referred to in this Agreement as "the Real Property" and is further described in the attached Exhibit A which is hereby incorporated herein. b. Property Owner proposes to construct 32 apartment units of the proposed 168 unit apartment complex (the "Project") affordable to low income households whose combined income does not exceed 80 percent of the Area Median Income ("AMI"), to satisfy certain affordable housing obligations of Property Owner to provide low income housing under the 1997 Affordable Housing Agreement, subject to the terms and conditions of this Agreement c. The City's Design Review committee, on September 7, 1999, approved Property Owner's site plan, elevations and preliminary plans for the constructing and maintaining of 168 dwelling units on the Real Property. Said resolution is referred to in this Agreement as "the Design Resolution" and is attached as Exhibit C and incorporated herein. d. Property Owner shall: i. construct a three story apartment complex, consisting of 168 units of which 32 units will be rent and income restricted for low-income households, as defined below, The buildings are to be designed around courtyards with exterior corridors, a central exercise pool, recreation center and parking; and ii. at Property Owner's sole expense, prepare and diligently process all permits, agreements, plans, maps, and other documents that may be necessary to meet the Property Owner's obligations under this Agreement. iii. use those funds collected by the City pursuant to the Per Unit Subsidy to pay the Development Fees associated with the Project and/or the 116 unit senior apartment complex. 2. City Commitment. a, City acknowledges that if Property Owner constructs and maintains 32 of the 168 units as rent and income restricted units pursuant to the terms provided herein Property Owner shall receive a credit of 32 units against Property Owner's affordable housing obligation to provide 131 low income units as required by the City Housing Element and the 1997 Affordable Housing Agreement. 2 Iv --/2 b. City agrees that Property Owner may use the Per Unit Subsidy to pay Development Fees as permitted in Section I.diii above. 3. Definitions. For the purposes of this Agreement, the following definitions apply: a. "Coordinator" means the Housing Coordinator of City. b. "Area Median Income" means the latest median income ITOm time to time determined by the United States Department of Housing and Urban Development (pursuant to Section 8 of the United States Housing Act of 1937) for the San Diego Standard Metropolitan Statistical Area, c. "Low Income Tenant" means individuals or families with an income which does not exceed 80 percent of the Area Median Income, as adjusted for household size and as most recently determined by the U.S. Department of Housing and Urban Development. d. "I BR Low Income Apartment" means anyone of the 8 one-bedroom apartment units on the Real Property, which shall be continuously occupied only by and affordable to a Low Income Tenant. e. "2 BR Low Income Apartment" means anyone of the 12 two-bedroom apartment units on the Real Property, which shall be continuously occupied only by and affordable to a Low Income Tenant. f. "3 BR Low Income Apartment" means anyone of the 12 three-bedroom apartment units on the Real Property, which shall be continuously occupied only by and affordable to a Low Income Tenant. g. "Affordable Apartment" means anyone of the apartments defined in Paragraph 3d through 3f; "Affordable Apartments" means all of such apartments collectively. h. "Rent" means the total of monthly payments for all of the following: (a) use and occupancy of the apartment unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by the lessor which are required of all tenants, other than security deposits, and (c) a reasonable allowance for utilities not included in the above costs, excluding telephone service, which takes into consideration an adequate level of service. The utility allowance includes gas and electricity as established by the County of San Diego Section 8 Rental Assistance Program. i. "Agency" means the Redevelopment Agency of the City, j. "Development Fees" means fees associated with the development of the Project which include processing, State Route 125, park, sewer, traffic signal, public facilities development impact fees and transportation development impact fees. k. "Project" means the 32 units of the 168 unit apartment complex which shall be affordable to Low Income Tenants. 4. Qualification of Tenants. As to the Affordable Apartments, the following wiU apply: 3 /¿J-/3 a. I BR Low Income Apartments. Each I BR Low Income Apartment will be leased to a household of one or two persons which is a Low Income Tenant. b. 2 BR Low Income Apartments. Each 2 BR Low Income Apartment will be leased to a household of not more than four persons which is a Low Income Tenant. c. 3 BR Low Income Apartments. Each 3 BR Low Income Apartment will be leased to a household of not more than six persons which is a Low Income Tenant. 5. Monthly Rent. As to the Affordable Apartments, the following will apply: a. Low Income Apartments. The monthly rent charged for the Affordable Apartments shall not exceed one-twelfth of the amount obtained by multiplying 30 percent times 60 percent of the Area Median Income, as adjusted for household size according to the following unit sizes and household sizes: Unit Size Household Size One Bedroom Two Persons Two Bedroom Four Persons Three Bedroom Six Persons 6. Proof of Qualification, Property Owner will obtain from each person(s) to whom Property Owner rents an Affordable Apartment a "Supplemental Rental Application" ("the Application") in the form of Exhibit B attached hereto and incorporated herein (or such other form as City may from time to time adopt and of which City notifies Property Owner in writing). Property Owner will be entitled to rely on the Application and supporting documents thereto in determining the eligibility of such person(s) to rent such Affordable Apartment. Property Owner will retain the Application and supporting documents for a period of at least three years after the applicant thereof ceases to occupy such Affordable Apartment. Copies of the most recent Supplemental Rental Application commencing or continuing occupancy of an Affordable Apartment shall be attached to the semi-annual report to be filed with the City in compliance with Section 7 ofthis Agreement. An Affordable Apartment occupied by a qualified tenant who at the commencement of the occupancy qualifies as a Low Income Tenant shall be treated as occupied by a Low Income Tenant unti1 recertification of such tenant's income in accordance with Section 6a below demonstrates that such tenant no longer qualifies as a Low Income Tenant. a. Recertification of Income. Immediately prior to the first anniversary date of the occupancy of an Affordable Apartment by a qualified tenant, and on each anniversary date thereafter, the Property Owner shall recertify the income of the occupants of each Affordable Apartment by obtaining a comp1eted Supplementa1 Renta1 Application based upon the current income of each occupant of the Affordable Apartment. In the event the recertification demonstrates that such househ01d's income exceeds the income at which such household would qualify, such household will no longer qualify as a Low Income Tenant, and the Property Owner will rent the next avai1able unit of comparable or smaller size to one or more Low Income Tenants. b. Over Income Household. At Property Owner's discretion, the over income household's monthly rent (including utilities) may be increased to market rate. 4 /Þ--/j! Regardless of a rent increase, the Property Owner can no longer credit this over income household toward its affordable housing obligation and Property Owner must replace this unit by renting the next comparable unit to a low income household, The substituted unit 'Shall be comparable in terms of size, features, and the number of bedrooms, as determined by the Director of Community Deve1opment for the City. c. Lease Requirements, Property Owner shall ensure appropriate language is included in the lease requiring tenant to provide income information semi-annually and acknowledge that should its income increase, the household may be subject to higher rent. 7. Records Audits. Property Owner will submit to City semi-annual certified rent rolls, disclosing with respect to each Affordable Apartment (i) monthly rent rate, (ii) number of occupants for which the Affordable Apartment is rented, and (iii) the income of such occupant(s) and in the form of Exhibit D attached hereto and incorporated herein (or such other form as City may from time to time adopt and of which City notified Property Owner in writing), If City determines an audit is necessary to verify a submitted rent roll, it will so notify Property Owner in writing thereof. Within ten days after delivery of said notice, Property Owner will deliver to city the names of three certified public accountants doing business in the metropolitan San Diego area. City will promptly deliver to Property Owner the former's approval of one or more of said names, The audit will be completed by an approved certified public accountant, at Property Owner's cost, within 60 days after the delivery to Property Owner of City's said approval. The certified public accountant will promptly deliver a copy of the written audit to City. 8. Waiver. Property Owner may apply in writing to the Coordinator for a waiver, as to a specifically designated Affordable Apartment. Each such application will be accompanied by written data or other evidence relied upon by Property Owner to show that, for the near future, there will be no reasonable demand for such Affordable Apartments(s). Within 30 days after receipt of any such application, the Coordinator will, in writing, either grant or disapprove the requested waiver; the failure of the Coordinator to act within said period will be deemed to be approva1 of such requested waiver. If such waiver is granted, Property Owner may lease the Affordable Apartment(s) affected by the granted waiver to such person(s) and at such rental as Property Owner determines, subject to each of the following; a, The lease or rental agreement will create only a month-to-month tenancy. b. Termination of Waiver" At any time after granting any such waiver, the Coordinator may, by writing delivered to Property Owner, terminate such grant. Within five days after such delivery, Property Owner will appropriately notify the tenant(s) and occupant(s) (of the Affordable Apartment (s) for which the grant of waiver has been terminated) that the month-to-month tenancy thereof will be and become terminated one month after delivery of such notification by Property Owner. Property Owner will take reasonable steps to effectuate such termination, including diligent commencement and prosecution of an unlawful detainer action. 9, Term. The term during which the covenants and conditions contained within this agreement apply commences on the date hereof. Said term ends on the date which is twenty (20) years after the date the Certificate of Occupancy is issued by the City, 5 /tJ //5' 10. Breach by City. If City breaches any of its covenants contained in this Agreement, Property Owner will have available to it all legal and equitable remedies afforded by the laws of the State of California. II. Breach by PropertY Owner. a, If, with respect to any Affordable Apartment, Property Owner breaches this Agreement by leasing to tenants who are not, pursuant to paragraph 6, qualified, Property Owner wil1, immediately upon City's written demand, and at Property Owner's sole cost, take all lawful steps to terminate such leasing. b. If, with respect to any Affordable Apartment, Property Owner breaches this Agreement by charging higher rent than that herein permitted, Property Owner wil1, immediately upon City's demand, (i) reduce the rent to that permitted herein and (ii) refund to any tenants who theretofore paid such higher rent the amount of the excess, together with interest hereon at the rate of 10 percent per annum, computed ¡¡-om the date(s) of payment of the excess by said tenants to the date of said refund. The provisions of this paragraph constitute a third-party beneficiary contract in favor of such tenants. Further, City is hereby granted the power (but not the duty) to act as attorney-in-fact of such tenants in enforcing this paragraph. c. The remedies set forth are not exclusive, but are in addition to all legal or equitable remedies otherwise available to City, 12. Satisfaction of Obligation under 1997 Affordable Housing Agreement. a. Property Owner's compliance with this agreement, as determined by the Coordinator, shall be deemed satisfaction of 32 units of Property Owner's 131 unit obligation to provide low income housing under the 1997 Affordable Housing Agreement. b. If City determines Property Owner's affordable housing obligation should be reduced, Property Owner may apply in writing to the Coordinator for a release of the restrictions on the appropriate number of affordable apartments. The units required to be provided pursuant to Second Affordable Housing Agreement shall be released prior to units required pursuant to this agreement. 13. General Provisions a, Amendment or Cancellation of A¡¡reement. This Agreement may be amended from time-to-time or cancelled by the mutual consent of the parties hereto but only in the same manner as its adoption. The term of this Agreement includes any such amendment properly approved and executed. b. Enforcement. Unless amended or cancelled, this Agreement is enforceable by any party to it despite a change in the applicable general or specific plans, zoning, subdivision or building regulations adopted by City which a1ter or amend the rules, regulations or policies governing permitted uses of the land, density and design, c. Hold Harmless. Property Owner shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees, ¡¡-om and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) 6 /¿J --It for personal injury or property damage arising out of the direct or indirect conduct or operations of the Property Owner, or any agent or employee, subcontractors, or others in connection with the execution of this Agreement, except only for those claims arising trom the sole negligence or sole willful misconduct of the City, its officers, or employees, Property Owner's indemnification shall include any and all costs, expenses, attomeys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgement or not. Further, Property Owner, at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Property Owner's indemnification of City shall not be limited by any prior or subsequent declaration by the Property Owner. d. Anti-Discrimination. Property Owner, for itself and its successors and assigns, agrees that during the term of this Agreement, will not, with respect to its operation of the Project, discriminate against any person because of age, race, color, creed, religion, sex, sexual orientation, marital status, handicaps, ancestry or national origin. e. Bindin¡¡ Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the parties' successors or assignees in interest. f. Relationship of Parties. It is understood that the contractual relationship between City and Property Owner is such that Property Owner is an independent contractor and not an agent of City. g. Notices. All notices, demands, or requests provided for or permitted to be given pursuant to this Agreement must be in writing, All notices, demands or requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. Qk City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Community Development Director Property Owner: Pacific Bay Properties 4041 MacArthur Blvd., Suite 500 Newport Beach, CA 92660 Attn; Karin T. Krogius, Executive Vice President A party may change its address by giving notice in writing to the other party. Thereafter, notices, demands and requests shall be addressed and transmitted to the new address, h, Subordination and Notice. Property Owner agrees to enter into subordination agreements with all lienholders having any interest in the Real Property to ensure that the provisions of this Agreement bind such lienholders should they take title to all or part of the property through quitclaim deed, sale, foreclosure or any other means of transfer of property. Property Owner shall deliver to the City the fully executed subordination agreements in a form acceptable to the City Attorney and suitable for recording on or 7 /yr/) --,--- before the issuance of the first building permit for the Project. Property Owner shall provide written notice of the terms of this Agreement (which could be a copy of this Agreement) to all purchasers and potential purchasers of all or any portion of the Real Property or the Project, excluding however, a buyer of an individual unit. 1. Severablity. The parties hereto agree that the provisions are severable. If any provision of this Agreement is held invalid, the remainder of this Agreement will be effective and will remain in full force and effect unless amended or modified by mutual consent of the parties. J. Capacities 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. k. Goveming LawNenue, This Agreement shall be govemed 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 ofChula Vista. 1. Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one instrument. m, Entire Agreement. This Agreement contains the entire agreement between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. n, Attorney's fees and costs. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. o. Exhibits. All exhibits referred to in this Agreement are attached, and are a part of, this Agreement. p. Captions. Captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement. q. Recordin~. The parties hereto shall cause this Agreement to be recorded in the Official Records ofthe County of San Diego. r. No Third Party Beneficiary. No claim as a third-party beneficiary under this Agreement by any person, corporation or any other entity, shall be made or be valid against City or Property Owner. 8 )¿J~/Y s. Assi~ment. The rights and obligations of Property Owner under this Agreement may be transferred or assigned, provided such transfer or assignment is made as a part of the conveyance of the fee of all or a portion of the Real Property. Any such transfer or assignment will be subject to the provisions of this Agreement. During the term of this Agreement, any such assignee or transferee will observe and perform all of the duties and obligations of Property Owner contained in this Agreement as such duties and obligations pertain to the portion of said Real Property so conveyed. (NEXT PAGE IS SIGNATURE PAGE) 9 J Jl --/? NOV 23 '99 10:24 FR PACIFIC BAY HOMES 714 724 8934 TO 16194095823 P. 03/03 H'H'BB "V"", U ""A ""B 'V' V"'V " ~U" ^UU.u.~. "" V," J'N VIl'TNTISS WHEREOF (he parties have eau.le<! this a.grccmeJ1t to be ex.ecoteci as of the <!ay and yew: first written above. CrIY OF CHULA VISTA PACIFIC BAY PROPERmS B,d{~ J~ 'Shirley H<.>rlun, M;òyor An!:$l: Susan Bigelow. City Clerk REDEVELOPMENT AGENCY OF THE CITY OF CHl)'LA VISTA ShirJey IioI'!ol'l, Chair ATTF.ST: Chris Saiomonc, 'Agency Secretary APPROVED AS TO FORM: John M, KahC!1Y, Ç\ty/Agency Att~;';'-;Ÿ """m.,^nOI'rA~\As"'\\>""'Y.""'-' 10 NO\! 22 '9" 1",.55 / {/ -cZ¿J 6." ..ø" 5823 F'AGE.25 ** TOTAL PAGE.03 ** ", EXHIBIT A LEGAL DESCRIPTION BEING A LEGAL SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 27, TOWNSHIP 17 SOUTH. RANGE 1 WEST. SAN BERNADINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY. APPROVED APRI L 17. 1883. 11 /tJ ' cJ, / EXHIBIT Í3 SUPPLEMENTAL RENTAL APPLICATION The rental unit for which you are' applying has received governmental assistance under programs to encourage more affordable housing. As a result, the unit carries a rent level restriction and is restricted to occupancy by low and moder.ate income households. The information required em this form is necessary to determine your income eligibility to occupy the unit. You must report all household income. Information provided will be confidential and not subject to public disclosure pursuant to State Government code Section 6254(n). 6.15.1 Rental Unit Address 6.15.2 Applicant Name 6.15.3 Other Household Members 6.15.4 Total Current Annual Household Income from all Sources Including Asset: TOTAL $ Detail: Household Member Income Source 6.15.5 Total Gross Annual Household Income shown on most recent Federal Tax Return from Previous Calendar Year (Attach copies of most recent Federal Tax returns from previous calendar year for all household members receiving income. Include other verification of income not appearing on tax forms.) $ 6.15.6 Monthly Rental Rate $ 6.15.7 Number of Bedrooms ItJ ~;2.J.- Q65f()15712.ooow<Jl4078.3 .04/14/97 Exhibit 2 - Page 1 of 2 (SALT CREEK RANCH) -----------,-,-- EXHIBIT B APPLICANT'S STATEMENT I certify under penalty of perjury that the foregoing information is true and correct to the best of my knowledge. I understand that any misrepresentation of the information contained herein may be cause for eviction. Signature Date OWNER'S STATEMENT Based on the foregoing information, I certify under penalty of perjury that the applicant is eligible to occupy this restricted low and moderate income housing unit. Eligibility is based on finding that the applicant's household's current annual income is $ and does not exceed current maximum household income of $ allowed under the terms of a Development Agreement with the City of Chula Vista regarding this residential rental development. Name: Title: Signature: Date: //J~~J 065/015712-0002l3O14078.3 aO4f14f97 Exhibit 2 - Page 2 of 2 (SALT CREEK RANCH) · EXHIDIT B APPLICANT'S STATEMENT I certify under penalty of perjury that the foregoing information is true and correct to the best of my knowledge. I understand that any misrepresentation of the information contained herein may be cause for eviction. Signature Date OWNER'S STATEMENT Based on the foregoing information, I certify under penalty of perjury that the applicant is eligible to occupy this restricted low and moderate income housing unit. Eligibility is based on finding that the applicant's household's current annual income is $ and does not exceed current maximum household income of $ allowed under the terms of a Development Agreement with the City of Chula Vista regarding this residential rental development. Name: Title: Signature: Date: //)~c1J 0651015712-000213014078.3 204114/97 Exhibit 2 - Page 2 of 2 (SALT CREEK RANCH) - --------"--,.-.---- / ~~~ EXHIBIT C I -::- ~:-: I ~~ -- - / OlY OF r CHULA VISTA PLANNING AND BUILDING DEPARTMENT September 9, 1999 Pacific Bay Properties 2300 Boswell Road, Suite 209 Chula Vista, CA 91914 Attention: Ms. Liz Jackson Subject: DRC-00-02 - Proposal to construct a 284-unit multi-family residential complex with recreation area and parking for 498 vehicles. Dear Ms. Jackson: On September 7, 1999, the Design Review Committee considered the site plan and design for the proposal to construct a 284-unit multi-family residential complex with recreation area and parking for 498 vehicles at Rolling Hills Ranch, Neighborhood 4A in Chula Vista. The Environmental Review Coordinator concluded that no further action was required on the EIR for Rolling Hills Ranch since the project conforms with previous environmental analysis. The Committee, after hearing staff's presentation and receiving other information about the proposal, unanimously voted to approve the project, subject to the following conditions: 1. The elevations of trash enclosures incorporated into the buildings shall be submitted to staff for review and approval prior to applying for building permits. 2. The dimensions of parallel parking spaces shall be confirmed with staff before submitting for building permits. The length of two parallel parking spaces shall be 46 ft. overall and the width shall be 9 ft. '.3. A section cut through the senior section, showing the covered parking structure in the northeast section of the site, shall be submitted to staff for review and approval. -4.. The parking structure at the east property line shall be detailed and submitted to staff, indicating that the roof does not encroach into the 5 ft. setback. /t/~' 276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 ~ "",""'"-,-,,~,-, / DRC-00-02 -2- September 9, 1999 ~. The City Landscape Planner shall evaluate the landscape plans at the plancheck stage. 6. Elevations of the senior apartments, showing the covered parking spaces and explaining the type of roofing material shall be submitted to staff for review and approval prior to application for building permits. 7-: The plans for the triplex buildings shall be submitted to staff for review and approval prior to application for building permits. 8. Signage shall be consistent with both the sign regulations and the architecture and shall be approved by the Design Review Coordinator prior to receipt of building permits. If it is felt that the signage proposal is inconsistent, it shall be scheduled for future review by the Design Review Committee. 9. All requirements of the Public Works Department shall be met at the building permit stage. 10. All requirements of the Fire Department shall be met at the building permit stage. II. Any changes made to this proposal, either as a result of changes made before plan check, as part of your building permit requirements or during the construction phase, shall be indicated on plans submitted to the Design Review Coordinator prior to their execution. Failure to adhere to this requirement could cause delay or prevention of final inspection of this project. 12. The applicant shall submit a defined selection of colors to staff for approval. 13. The City andlor applicant shall do a noise study where actual on-site noise measures shall be done and whatever steps are necessary shall be taken to mitigate noise to those levels that are compatible with the code. Please note that, prior to submitting for building permits, you are responsible for obtaining approval of all changes required by the above conditions of approval. Two sets of revised plans are to be submitted to the Design Review Coordinator, with one set becoming the approved Design Review file copy. You have the right to appeal this decision to the Planning Commission. A completed appeal fonn, along with a deposit amount of $1,000 must be received by this office within 10 days of the date of this letter. Forms are available from the Planning Department. In the absence of said appeal, the decision of the Design Review Committee is final. /f)~~f ---------,,-' rITIm'r,""", ^"'~.,., ,----",--",--- ! DRC-OO-02 - 3 - September 9, 1999 Failure to use this permit within one year from the date of this letter shall cause the permit to become null and void unless a written request for an extension is received and granted prior to the expiration date. If you have any questions, please call me at 476-5334. Sincerely, , Ann Pedder Pease Design Review Coordinator cc: Troy Burns, Hunsaker & Associates Diane Hussey Roben Hidey Architects Luis Hernandez Rick Rosaler j¡J<)? CITY OECHlll A Ill""" Design Review Committee Minutes - 5 - Seotember 7.1999 2. DRC-OO-O2 Rollings Hills Ranch Neighborhood 4A Construct a 284-unit multi-familv residential complex with recreation area and parking for 498 vehicles Staff and Applicant Presentation Ms. Ann Pedder Pease (Associate Planner) indicated that this is a multi-family project on the far west side of Rolling Hills Ranch. It is immediately north of the EastLake Industrial Park. The main feature of this project is a senior complex, with the rest of the site a family complex. The family section consists of 24-unit and 3-unit buildings, and the senior complex is integrated into one complete structure. Staff is pleased with the aesthetics of this project and feels that it is extremely compatible with the area and very attractive. The only problems that staff had were with the tri-plexes in the family section. If the floor plans are consulted, there are a few things that should be worked out. But as far as the senior section, which is the first part that will be completed, staff felt it was very desirable. Ms. Pedder Pease wanted to mention a point that just came up that day. Staff was contacted by a representative ITom UPS, which is immediately to the south. They were concerned that the UPS building to the south is rather close to the south property line of the apartment complex. The point was made that, since most of the noise is generated at the UPS site between 5:00 p.m. and as late as 3:00 a.m., there might be some impact on the people in this complex, particularly around the south section. The City Landscape Architect went out with staff and a member of the staff of UPS, and they are now of the impression that the noise impacts could be mitigated with landscaping. Luis Hernandez (Senior Planner) has disagreed on that and feels that a condition of approval should be added that a noise analysis be done to ensure that interior noise levels do not exceed 45 dba and exterior noise levels do not exceed 55 dba. Mr. Hernandez is of the opinion that they will not, but asked the DRC to address the proposal to see if they have concerns if those noise levels are exceeded. Mr. Hernandez indicated that he thought a noise level analysis was required when residences are adjacent to an industrial area. Noise is a concern not only for the people who live there but also for UPS because they will be receiving the complaints. Landscape is not usually used to buffer noise, and staff's recommendation is that it should be left up to the technicians to tell them what is needed to achieve that goal of not exceeding the noise levels. Ms. Liz Jackson (Pacific Bay Homes, 2300 Boswell Road, Suite 209, Chula Vista, CA 919/4) asked if there is a noise level with which UPS is required to operate /tJr~ ? Design Review Committee Minutes - 6 - September 7. 1999 under. Mr. Hernandez responded in the affirmative. The performance standard in the zoning code has specific noise thresholds, and if noise exceeds those threshold levels, Zoning Enforcement can be contacted. Mr. Hernandez stated that Rolling Hills was required to disclose the potential land uses along this boundary to potential buyers, as part of the Tentative Map conditions. As part of their sales package, they will have to include a disclosure that land uses permitted in the industrial zone could be potentially right next to them. Mr. Don Therien (United Parcel Service, 25201 Paseo de Alicia, Suite 200, Laguna Hills, CA 92677) stated that UPS is always concerned when residential uses are planned adjacent to their existing sites. One of the problems is that UPS is a very quiet neighbor during the daytime when potential residents are on-site. This particular side of the building is the outbound load doors. The sorter that loads the trailers runs from about 5:00 to 9:30 at night. Probably the greatest noise period would be between 9:00 and 10:00 p.m. It has been their experience that, in spite of the fact there may be a disclosure for potential tenants, they do not get to experience the noise of an industrial neighbor until they are moved in. Anything that can be done to attenuate that noise would certaffily be a step in the right direction to keep the tenants happy. Chair Aguilar indicated that this is an interesting mix - family and senior housing. Ms. Pedder Pease indicated that the family and senior units are well separated in both elevation as well as site planning. There had to be some adjustment on the part of the applicant to be able to build senior units as part of Phase 1 and then the remaining 168 units as part of Phase 2. Chair Aguilar asked if the senior units would be available to low-income seniors. Ms. Pedder Pease responded in the affirmative. Mr. Craig Thibault (The Collaborative West, Inc., 100 Avinada Miramar, San Clemente, CA) stated that a portion of the family units are also affordable to low-income households. Chair Aguilar asked why the senior units were segregated from the family units. Ms. Diane Hussey (Robert Hidey Architects, 130 Newport Center Drive, Newport Beach, CA) indicated that seniors seem to be less ambulatory. They need elevators while the family housing does not need elevators. Seniors have been concentrated in an area where elevators could be provided for them, which is why the units are in a clustered building arrangement. Another reason is that seniors love to be socially active; therefore, they will be provided areas like laundry facilities and recreation rooms where they can come together. Seniors are encouraged to utilize the main facility and recreation area as well. Views are another reason. There are / tJ ,-- ;2% ",-,---,--"""------,,,-, .. ;, EXHffiIT D SEMI-ANNUAL REPORT OWNER'S CERTIFICATION I am the owner or owner's representative for an affordable housing development in the City of Chula Vista, which is bound by a Housing Agreement with the City. I certify under penalty or perjury that the attached rent roll for affordable units at my project is true and correct to the best of my knowledge and complies with the terms and conditions stipulated in the Affordable Housing Agreement, or any agreement that implements the same, with the City of Chula Vista, Name Title Signature Date /(l~~1 (SALT CREEK RANCH) 065/015712-0002130140783 ~/14(97 Exhibit 3 - Page 1 of 3 ---,-,---~-~-- ." . ." EXHIBIT D SEMI-ANNUAL REPORT PROJECT NAME PROJECT ADDRESS NAME OF PERSON COMPLETING FORM PHONE NUMBER TOTAL SENIOR MONTHLY PROJECTS - BDRM MONTHLY NAME OF NUMBER OF HOUSEHOLD ONE OCCUPANT SIZE RENT HOUSEHOLD OCCUPANTS INCOME IS 60 YEARS+ . (xerox form as needed) /tl'YtJ 065/015712-0002/3014078.3 .rJ41l41'J7 Exhibit 3 - Page 2 of 3 (SALT CREEK RANCH) Recording Requested by: ) ) CITY CLERK ) ) When Recorded, Mail to; ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) --- - - --- --- - --- --- - - - - - - - - - - - - - - --- --- - --- -- -- --- --- - - --- --- --- m AFFORDABLE HOUSING AGREEMENT This Affordable Housing Agreement ("Agreement") is made as of , 1999 by and between the Pacific Bay Properties, a California corporation ("Property Owner"), and the City of Chula Vista, a California municipal corporation ("City"), with reference to the following facts; Recitals Whereas, City and Property Owner entered into an agreement on March 3, 1992, to provide Low and Moderate Income Housing within Salt Creek 1, known as document number CO92-026, a copy of which is on file in the Office of the City Clerk; and Whereas, City and Property Owner entered into a First Amendment to that agreement, which was approved by Resolution 16699 on June 30,1992; and Whereas, from 1992 until May 6, 1997, Property Owner paid a Per Unit Subsidy as required by that agreement; and Whereas, on June 17, 1997, City and Property Owner executed the Affordable Housing Program and Agreement to which the Program for Affordable Housing was attached as Exhibit "c" (the 1997 Affordable Housing Agreement) consistent with the City Housing Element calling for Property Owner to provide 131 units affordable to low-income households; and Whereas, Property Owner now proposes to build a 116 unit low income senior apartment complex to satisfy a portion of Property Owner's affordable housing obligation; and Whereas, concurrently herewith, the City and Property Owner are entering into a second Affordable Housing Agreement (the "Second Affordable Housing Agreement") whereby Property Owner has agreed to provide 32 units of a 168 unit apartment complex to low income households; and Whereas, Property Owner's compliance with this Agreement and the Second Affordable Housing Agreement will satisfy Property Owner's low income housing obligation pursuant to the 1997 Affordable Housing Agreement; and 1 j¿J,-J I Whereas, Property Owner now proposes to use the funds collected by the City under the Per Unit Subsidy to pay some of the development fees associated with the development and construction of the affordable housing units within Salt Creek Ranch including the now proposed 116 unit Senior apartment complex, NOW THEREFORE, in consideration of the mutual promises described herein, the parties agree as follows: 1. ProperlY Owner Commitment a. Property Owner is the legal owner of the fee title to real property described as Rolling Hills Ranch, Neighborhood 4A, south side of MacKenzie Creek Road. Said real property is referred to in this Agreement as "the Real Property" and as further described in the attached Exhibit A which is hereby incorporated herein, b. Property Owner proposes to construct 116 apartment units (the "Project") affordable to low income senior households whose combined income does not exceed 80 percent of the Area Median Income ("AMI") to satisfy certain affordable housing obligations of Property Owner to provide low income housing under the 1997 Affordable Housing Agreement, subject to the terms and conditions of this Agreement. c, The City's Design Review committee, on September 7, 1999, approved Property Owner's site plan, elevations and preliminary plans for the constructing and maintaining of 116 dwe1ling units on the Real Property, Said resolution is referred to in this Agreement as " the Design Resolution" and is attached as Exhibit C and incorporated herein. d. Property Owner sha1l: i. construct a three story apartment complex, consisting of 116 units, which will be age, rent and income restricted for low-income senior households, as defined below. The buildings are to be designed around courtyards with exterior corridors, a central exercise pool, recreation center and parking; and ii. at Property Owner's sole expense, prepare and diligently process a1l permits, agreements, plans, maps, and other documents that may be necessary to meet the Property Owner's obligations under this Agreement; and n1. use those fnnds co1lected by the City pursuant to the Per Unit Snbsidy to pay the Development Fees associated with the Project and/or the 32 snbsidized nnits of the 168 nnit apartment complex required by the Second Affordable Housing Agreement. 2. City Commitment. 2 1¿J"J;2 un"'-" -----,- u_-_u- a. City acknowledges that if Property Owner constructs and maintains 116 age, rent and income restricted units pursuant to the terms provided herein Property Owner shall receive a credit of 116 units against Property Owner's affordable housing obligation to provide 131 low income units as required by the City Housing Element and the 1997 Affordable Housing Agreement. b. City agrees that Property Owner may use the Per Unit Subsidy to pay Development Fees as above provided. 3. Definitions. For the purposes of this article, the following definitions apply: a. "Senior Household" means a household at least one member of which is 62 years or age or older per Section 51.3 of the California Civil Code. b. "Coordinator" means the Housing Coordinator of City. c. "Area Median Income" means the latest median income from time to time determined by the United States Department of Housing and Urban Development (pursuant to Section 8 of the United States Housing Act of 1937) for the San Diego Standard Metropolitan Statistical Area. d. "Low Income Tenant" means individuals or families with an income which does not exceed 80 percent of the Area Median Income, as adjusted for household size and as most recently determined by the U.S. Department of Housing and Urban Development (HUD). e. "Senior Low Income Household" means a household at least one member of which is 62 years or age or older with an income which does not exceed 80 percent of the Area Median Income, as adjusted for household size and as most recently determined by the U.S. Department of Housing and Urban Development. f. "I BR Low Income Apartment" means anyone of the 92 one-bedroom apartment units on the Real Property, which shall be continuously occupied only by a Senior Low Income Household. g. "2 BR Low Income Apartment" means anyone of the 24 two-bedroom apartment units on the Real Property, which shall be continuously occupied by only a Senior Low Income Household. h. "Affordable Apartment" means anyone of the apartments defined in Paragraph 3g or 3h; "Affordable Apartments" means all of such apartments collectively. 1. "Rent" means the total of monthly payments for all of the following; (a) use and occupancy of the apartment unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by the lessor which are required of all tenants, other than security deposits, and (c) a reasonable allowance for utilities not included in the above costs, excluding telephone service, which takes into consideration an adequate level of service. Utility allowance includes gas and electricity as established by the County of San Diego Section 8 Rental Assistance Program. J, "Development Fees" means fees associated with the development of the project which 3 /¡) -J;¡ include processing, State Route 125, park, sewer, traffic signal, Public Facilities Development Impact Fees and Transportation Development Impact Fees. k. "Project" means the 116 apartment unit complex, 4. Qualification of Tenants. As to the Affordable Apartments, the following will apply; a. I BR Low Income Apartments. Each I BR Low Income Apartment will be leased to a Senior Low Income Household of one or two persons. b. 2 BR Low Income Apartments. Each 2 BR Low Income Apartment will be leased to a Senior Low Income Household of not more than four persons. 5. Monthly Rent. As to the Affordable Apartments, the following will apply: The rent to be charged to a Senior Low Income Household for the Affordable Apartments shall not exceed the Fair Market Rents (FMR's) set by HUD on an annual basis based on the number of bedrooms within the unit. It includes shelter rent and the cost of utilities, except telephones. HUD sets the FMR's at the 40'" percentile distribution of standard quality rental housing units. The 40'" percentile rent is drawn /Tom the distribution of rents of units which are occupied by recent movers (renter households who moved into their units within the past 15 months). Usage ofFMR's assures each household pays equal proportionate share of rent. There are nO minimum rent requirements. The Fiscal Year 1999 FMR's are as follows; Metropolitan EFF l-bd 2-bd 3-bd 4-bd Statistical Area San Diego, CA $510 $583 $729 $1,014 $1,196 6. Proof of Oualification. Property Owner will obtain /Tom each person(s) to whom Property Owner rents an Affordable Apartment a "Supplemental Rental Application" ("the Application") in the form of Exhibit B attached hereto and incorporated herein (or such other form as City may /Tom time to time adopt and of which City notifies Property Owner in writing). Property Owner will be entitled to rely on the Application and supporting documents thereto in determining the eligibility of such person(s) to rent such Affordable Apartment. Property Owner will retain the Application and supporting documents for a period of at least three years after the applicant thereof ceases to occupy such Affordable Apartment. Copies of the most recent Supplemental Rental Application commencing or continuing occupancy of an 4 / tJrJ f Affordable Apartment shall be attached to the semi-annual report to be filed with the City in compliance with Section 7 of this Agreement. An Affordable Apartment occupied by a qualified tenant who at the commencement of the occupancy qualifies as a Low Income Tenant shall be treated as occupied by a Low Income Tenant until recertification of such tenant's income in accordance with Section 6a below demonstrates that such tenant no longer qualifies as a Low Income Tenant. a. Recertification ofIncome. Immediately prior to the first anniversary date of the occupancy of an Affordab1e Apartment by a qualified tenant, and on each anniversary date thereafter, the Property Owner shall recertify the income of the occupants of each Affordab1e Apartment by obtaining a completed Supplemental Rental Application based upon the current income of each occupant of the Affordable Apartment. In the event the recertification demonstrates that such household's income exceeds the income at which such household would qualify, such household need not vacate the apartment. However, the rent shall be increased to the market rate, When the over income househ01d vacates the unit, the unit retains its low income unit designation. The Property Owner shall ensure appropriate language is included in the lease requiring tenant to provide income information semi-annually and acknow1edge that should its income increase, the household will be subject to higher rent. 7. Records Audits. Property Owner will submit to City semi-annua1 certified rent rolls, disclosing with respect to each Affordable Apartment (i) monthly rent rate, (ii) number of occupants for which the Affordable Apartment is rented, and (iii) the income of such occupant(s) and in the form of Exhibit D attached hereto and incorporated herein (or such other form as City may from time to time adopt and of which City notified Property Owner in writing). If City determines an audit is necessary to verify a submitted rent roll, it will so notify Property Owner in writing thereof. Within ten days after delivery of said notice, Property Owner wil1 deliver to city the names of three certified pub1ic accountants doing business in the metropolitan San Diego area. City wil1 promptly deliver to Property Owner the former's approval of one or more of said names. The audit will be completed by an approved certified public accountant, at Property Owner's cost, within 60 days after the delivery to Property Owner of City's said approval. The certified pub1ic accountant will promptly de1iver a copy of the written audit to City. 8. Waiver. Property Owner may apply in writing to the Coordinator for a waiver, as to a specifically designated Affordable Apartment. Each such app1ication will be accompanied by written data or other evidence relied upon by Property Owner to show that, for the near future, there will be no reasonable demand for such Affordable Apartment(s) to be occupied by Senior Low Income Households. Within 30 days after receipt of any such application, the Coordinator wil1, in writing, either grant or disapprove the requested waiver; the failure of the Coordinator to act within said period wil1 be deemed to be approval of such requested waiver. If such waiver is granted, Property Owner may lease the Senior Apartment(s) affected by the granted waiver to such person(s) and at such renta1 as Property Owner determines, subject to each of the following: a, The lease or rental agreement will create only a month-to-month tenancy. b. Termination of Waiver. At any time after granting any such waiver, the Coordinator may, by writing delivered to Property Owner, terminate such grant. Within five days after such delivery, Property Owner will appropriately notify the tenant(s) and occupant(s) (of the Affordable Apartment(s) for which the grant of waiver has been terminated) that the month-to-month tenancy thereof wil1 be and 5 ~ /j}.~ J-~ become terminated one month after delivery of such notification by Property Owner. Property Owner will take reasonable steps to effectuate such termination, including diligent commencement and prosecution of an unlawful detainer action. 9. Term. The term during which the covenants and conditions contained within this agreement apply commences on the date hereof. Said term ends on the date which is twenty (20) years after the date the Certificate of Occupancy for the Project is issued by the City. 10. Breach bv City. If City breaches any of its covenants contained in this Agreement, Property Owner will have available to it all legal and equitable remedies afforded by the laws of the State of California. 11. Breach by Property Owner. a. If, with respect to any Affordable Apartment, Property Owner breaches this Agreement by leasing to tenants who are not, pursuant to paragraph 4, qualified, Property Owner will, immediately upon City's written demand, and at Property Owner's sole cost, take all lawful steps to terminate such leasing. b. If, with respect to any Affordable Apartment, Property Owner breaches this Agreement by charging higher rent than that herein permitted, Property Owner will, immediately upon City's demand, (i) reduce the rent to that permitted herein and (ii) refund to any tenants who theretofore paid such higher rent the amount of the excess, together with interest hereon at the rate of 10 percent per annum, computed from the date(s) of payment of the excess by said tenants to the date of said refund. The provisions of this paragraph constitute a third-party beneficiary contract in favor of such tenants. Further, City is hereby granted the power (but not the duty) to act as attorney-in-fact of such tenants in enforcing this paragraph. c. The remedies set forth are not exclusive, but are in addition to all legal or equitable remedies otherwise available to City. 12. Satisfaction of Obligation under 1997 Affordable Housing Agreement a. Property Owner's compliance with this Agreement, as determined by the Coordinator, shall be deemed satisfaction of 116 units of Property Owner's 131 unit obligation to provide low income housing under the 1997 Affordable Housing Agreement. b. If City determines Property Owner's affordable housing obligation should be reduced, Property Owner may apply in writing to the Coordinator for release of the restrictions on the appropriate number of affordable apartments. The units required pursuant to this Agreement shall be released prior to the release of any units pursuant to the Second Affordable Housing Agreement. 13. General Provisions a. Amendment or Cancellation of Agreement. This Agreement may be amended from time- to-time or cancelled by the mutual consent of the parties hereto but only in the same manner as its adoption. The term "this Agreement" includes any such amendment properly approved and executed. b. Enforcement. Unless amended or cancelled as provided in Section 13a, this Agreement is enforceable by any party to it despite a change in the applicable general or specific plans, zoning, subdivision or building regulations adopted by City which alter or amend the rules, regulations or policies 6 / p-J ¿, governing permitted uses of the land, density and design. c. Hold Harmless. Property Owner 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) for personal injury or property damage arising out of the direct or indirect conduct or operations of the Property Owner, or any agent or employee, subcontractors, or others in connection with the execution of this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Property Owner'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 judgement or not. Property Owner agrees to indemnifY, defend, protect and hold harmless the City, its officers, and employees from and against any and all claims, suits, actions, or other proceedings to which the City is exposed resulting from the City's preparations, review, approval, or granting of the Density Bonus as called for in this Agreement. Further, Property Owner, at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents or employees. Property Owner's indemnification of City shall not be limited by any prior or subsequent declaration by the Property Owner. d. Anti-Discrimination. Property Owner, for itself and its successors and assigns, agrees that during the term of this Agreement, will not, with respect to its operation of the Project, discriminate against any person because of race, color, creed, religion, sex, sexual orientation, marital status, handicaps, ancestry or national origin. e. Bindin'i Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the parties' successors or assignees in interest. f. Relationship of Parties, It is understood that the contractual relationship between City and Property Owner is such that Property Owner is an independent contractor and not an agent of City. g. Notices. All notices, demands, or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands or requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with relum receipt requested, at the addresses identified herein as the places of business for each of the designated parties. .Git'; City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Community Development Director Property Owner; Pacific Bay Properties 4041 MacArthur Blvd., Suite 500 Newport Beach, CA 92660 Attn: Karin T. Krogius, Executive Vice President 7 /¿J~3 7 , ----~--,-~-, ---,--, A party may change its address by giving notice in writing to the other party. Thereafter, notices, demands and requests shall be addressed and transmitted to the new address, h. Subordination and Notice. Property Owner agrees to enter into subordination agreements with all lienholders having any interest in the Real Property to ensure that the provisions of this Agreement bind such lienholders should they take title to all or part of the property through quitclaim deed, sale, foreclosure or any other means of transfer of property, Property Owner shall deliver to the City the fully executed subordination agreements in a form acceptable to the City Attorney and suitable for recording on or before the issuance of the first building permit for the Project. Property Owner shall provide written notice of the terms of this Agreement (which could be a copy of this Agreement) to all purchasers and potential purchasers of all or any portion of the Real Property or the Project, excluding however, a buyer of an individual unit. i. Severability, The parties hereto agree that the provisions are severable. If any provision of this Agreement is held invalid, the remainder of this Agreement will be effective and will remain in full force and effect unless amended or modified by mutual consent of the parties. J. Capacities 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. k. 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. I. Countewarts. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, but all of which together will constitute one instrument. m. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the transaction contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged herein. n. Attorney's Fees and Costs. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. o. Exhibits. All exhibits referred to in this Agreement are attached, and are a part of, this Agreement. p. Captions. Captions in this Agreement are inserted for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement. 8 )f} ~ 3Y q. Recording. The parties hereto shall cause this Agreement to be recorded in the Official Records of the County of San Diego. r. No Third Party Beneficiary. No claim as a third-party beneficiary under this Agreement by any person, corporation or any other entity, shall be made or be valid against City or Property Owner. s. Assignment. The rights and obligations of Property Owner under this Agreement may be transferred or assigned, provided such transfer or assignment is made as a part of the conveyance of the fee of all or a portion of the Real Property. Any such transfer or assignment will be subject to the provisions of this Agreement. During the term of this Agreement, any such assignee or transferee will observe and perform an of the duties and obligations of Property Owner contained in this Agreement as such duties and obligations pertain to the portion of said Rea] Property so conveyed. (NEXT PAGE IS SIGNATURE PAGE) 9 / Þ - Jj NOV 23 ' 99 10: 24 FR PACIFIC BAY HOMES 714 724 8934 TO 16194095823 P. 02/03 Hltl'"~ IIIV" II: J I tAA Ol" 4"" "e¿J LV LIB IIIIUI<N~~ l¡!Ol1 IN 'WITNESS W'H£REOF the parties havc c...,sed this agreement to be executed as of the <:Jay ."ð year tìrst writt~ abow. CITY OF cm.rr.:4. VISTA PACIFIC BAY PROPFRTIES '.. B,e{~ oJ Y Shirley Hol~on. Mayor ts' ATTEST: -w"",., Susan Bigelow. City Clerk REDEVELOPMENT AGENCY OF THE CITY Of CHULA VISTA Shirley Horton, OI.air ATTEST: Chris SaJomone, Agency Seotetmy APPROVED AS TO FOR.I\1; Joro, M. Kah~-ny. CilyJAg""IIcy Anorney H :\Ho¡ne"""'mey\1\¡¡ree\Pacbay,2, doc lO /Ú~.2/¿J NO\J 22 '99 16: 52 619 409 58:023 PAGE,ll ,.~._,-_._-~- '.' EXHillIT A LEGAL DESCRIPTION BEING A LEGAL SUBDIVISION OF A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 27, TOWNSHIP 17 SOUTH, RANGE 1 weST, SAN BERNADINO BASE AND MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY, APPROVED APRIL 17, 1883. 1/ó/1f ," EXHIDIT ~ SUPPLEMENTAL RENTAL APPLICATION The rental unit for which you are' applying has received governmental assistance under programs to encourage more affordable housing. As a result, the unit carries a rent level restriction and is restricted to occupancy by low and moder.ate income households, The information required ()n this form is necessary to determine your income eligibility to occupy the unit. You must report all household income. Information provided will be confidential and not subject to public disclosure pursuant to State Government Code Section 6254(n). 6.15.1 Rental Unit Address 6.15.2 Applicant Name 6.15.3 Other Household Members 6.15.4 Total Current Annual Household Income from all Sources Including Asset: TOTAL $ Detail: Household Member Income Source 6.15.5 Total Gross Annual Household Income shown on most recent Federal Tax Return from Previous Calendar Year (Attach copies of most recent Federal Tax returns from previous calendar year for all household members receiving income. Include other verification of income not appearing on tax forms.) $ 6.15.6 Monthly Rental Rate $ 6.15.7 Number of Bedrooms /jl~Y;2 0651015712-000213014078,3 004/14/97 Exhibit 2 - Page 1 of 2 (SALT CREEK RANCH) EXHIBIT B APPLICANT'S STATEMENT I certify under penalty of perjury that the foregoing information is true and correct to the best of my knowledge. I understand that any misrepresentation of the information contained herein may be cause for eviction. Signature Date OWNER'S STATEMENT Based on the foregoing information, I certify under penalty of perjury that the applicant is eligible to occupy this restricted low and moderate income housing unit. Eligibility is based on finding that the applicant's household's current annual income is $ and does not exceed current maximum household income of $ allowed under the terms of a Development Agreement with the City of Chula Vista regarding this residential rental development. Name: Title: Signature: Date: IP r'f J 065/015712-000213014078.3 aO41l4197 Exhibit 2 - Page 2 of 2 (SALT CREEK RANCH) ,-,,--,----,-~_.-- ,.,.._, 'j ~~ft.. EXHIBIT C I =--_t::: ......:: ......:~ CIlY OF I CHUlA VISfA PLANNING AND BUILDING DEPARTMENT September 9, 1999 Pacific Bay Properties 2300 Boswell Road, Suite 209 Chula Vista, CA 91914 Attention: Ms. Liz Jackson Subject: DRC-00-02 - Proposal to construct a 284-unit multi-family residential complex with recreation area and parking for 498 vehicles. Dear Ms. Jackson: On September 7, 1999, the Design Review Committee considered the site plan and design for the proposal to construct a 284-unit multi-family residential complex with recreation area and parking for 498 vehicles at Rolling Hills Ranch, Neighborhood 4A in Chula Vista. The Environmental Review Coordinator concluded that no further action was required on the EIR for Rolling Hills Ranch since the project conforms with previous environmental analysis. The Committee, after hearing staff's presentation and receiving other information about the proposal, unanimously voted to approve the project, subject to the following conditions: 1. The elevations of trash enclosures incorporated into the buildings shall be submitted to staff for review and approval prior to applying for building permIts. 2. The dimensions of parallel parking spaces shall be confirmed with staff before submitting for building pennits. The length of tWo parallel parking spaces shall be 46 ft. overall and the width shall be 9 ft. '.3. A section cut through the senior section, showing the covered parking structure in the northeast section of the site, shall be submitted to staff for review and approval, -'to The parking structure at the east property line shall be detailed and submitted to staff, indicating that the roof does not encroach into the 5 ft. setback. /¿J ,,;¡f 276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 4""'0-""_._'-' DRC-00-02 -2- September 9, 1999 '5. The City Landscape Planner shall evaluate the landscape plans at the plancheck stage. 6. Elevations of the senior apartments, showing the covered parking spaces and explaining the type of roofing material shall be submitted to staff for review and approval prior to application for building permits. 7-: The plans for the triplex buildings shall be submitted to staff for review and approval prior to application for building permits. 8. Signage shall be consistent with both the sign regulations and the architecture and shall be approved by the Design Review Coordinator prior to receipt of building permits. If it is felt that the signage proposal is inconsistent, it shall be scheduled for future review by the Design Review Committee. 9. All requirements of the Public Works Department shall be met at the building permit stage. 10. All requirements of the Fire Department shall be met at the building permit stage. II. Any changes made to this proposal, either as a result of changes made before plan check, as part of your building permit requirements or during the construction phase, shall be indicated on plans submitted to the Design Review Coordinator prior to their execution. Failure to adhere to this requirement could cause delay or prevention of final inspection of this project. 12. The applicant shall submit a defined selection of colors to staff for approval. 13. The City andlor applicant shall do a noise study where actual on-site noise measures shall be done and whatever steps are necessary shall be taken to mitigate noise to those levels that are compatible with the code. Please note that, prior to submitting for building permits, you are responsible for obtaining approval of all changes required by the above conditions of approval. Two sets of revised plans are to be submitted to the Design Review Coordinator, with one set becoming the approved Design Review file copy. You have the right to appeal this decision to the Planning Commission. A completed appeal form, along with a deposit amount of $1,000 must be received by this office within 10 days of the date of this letter. Forms are available from the Planning Department. In the absence of said appeal, the decision of the Design Review Committee is final. /fJ--Jjç ,",'TV "'" ,...u", , "'~T' / DRC-OO-02 - 3 - September 9, 1999 Failure to use this permit within one year from the date of this letter shall cause the permit to become null and void unless a written request for an extension is received and granted prior to the expiration date. , If you have any questions, please call me at 476-5334. Sincerely, , Ann Pedder Pease Design Review Coordinator cc: Troy Burns, Hunsaker & Associates Diane Hussey Robert Hidey Architects Luis Hernandez Rick Rosaler Ill/if CITY (lEGHUIH=T.' Design Review Committee Minutes - 5 - September 7.1999 2. DRC-OO-O2 Rollings Hills Ranch Neighborhood 4A Construct a 284-unit multi-familv residential complex with recreation area and parking for 498 vehicles Staff and Applicant Presentation Ms. Ann Pedder Pease (Associate Planner) indicated that this is a multi-family project on the far west side of Rolling Hills Ranch. It is immediately north of the EastLake Industrial Park. The main feature of this project is a senior complex, with the rest of the site a family complex. The family section consists of 24-unit and 3-unit buildings, and the senior complex is integrated into one complete structure. Staff is pleased with the aesthetics of this project and feels that it is extremely compatible with the area and very attractive. The only problems that staff had were with the tri-plexes in the family section. If the floor plans are consulted, there are a few things that should be worked out. But as far as the senior section, which is the first part that will be completed, staff felt it was very desirable. Ms. Pedder Pease wanted to mention a point that just came up that day. Staff was contacted by a representative from UPS, which is immediately to the south. They were concerned that the UPS building to the south is rather close to the south property line of the apartment complex. The point was made that, since most of the noise is generated at the UPS site between 5:00 p.m. and as late as 3:00 a.m., there might be some impact on the people in this complex, particularly around the south section. The City Landscape Architect went out with staff and a member of the staff of UPS, and they are now of the impression that the noise impacts could be mitigated with landscaping. Luis Hernandez (Senior Planner) has disagreed on that and feels that a condition of approval should be added that a noise analysis be done to ensure that interior noise levels do not exceed 45 dba and exterior noise levels do not exceed 55 dba. Mr. Hernandez is of the opinion that they will not, but asked the DRC to address the proposal to see if they have concerns if those noise levels are exceeded. Mr. Hernandez indicated that he thought a noise level analysis was required when residences are adjacent to an industrial area. Noise is a concern not only for the people who live there but also for UPS because they will be receiving the complaints. Landscape is not usually used to buffer noise, and staffs recommendation is that it should be left up to the technicians to tell them what is needed to achieve that goal of not exceeding the noise levels. Ms. Liz Jackson (Pacific Bay Homes, 2300 Boswell Road, Suite 209, Chula Vista, CA 919/4) asked if there is a noise level with which UPS is required to operate /¡J~tj? Design Review Committee Minutes -6- September 7. 1999 under. Mr. Hernandez responded in the affinnative. The performance standard in the zoning code has specific noise thresholds, and if noise exceeds those threshold levels, Zoning Enforcement can be contacted. Mr. Hernandez stated that RoIling Hills was required to disclose the potential land uses along this boundary to potential buyers, as part of the Tentative Map conditions. As part of their sales package, they will have to include a disclosure that land uses permitted in the industrial zone could be potentially right next to them. Mr. Don Therien (United Parcel Service, 25201 Paseo de Alicia, Suite 200, Laguna Hills, CA 92677) stated that UPS is always concerned when residential uses are planned adjacent to their existing sites. One of the problems is that UPS is a very quiet neighbor during the daytime when potential residents are on-site. This particular side of the building is the outbound load doors. The sorter that loads the trailers runs from about 5:00 to 9:30 at night. Probably the greatest noise period would be between 9:00 and 10:00 p.m. It has been their experience that, in spite of the fact there may be a disclosure for potential tenants, they do not get to ' experience the noise of an industrial neighbor until they are moved in. Anything that can be done to attenuate that noise would certainly be a step in the right direction to keep the tenants happy. Chair Aguilar indicated that this is an interesting mix - family and senior housing. Ms. Pedder Pease indicated that the family and senior units are well separated in both elevation as well as site planning. There had to be some adjustment on the part of the applicant to be able to build senior units as part of Phase 1 and then the remaining 168 units as part of Phase 2. Chair Aguilar asked if the senior units would be available to low-income seniors. Ms. Pedder Pease responded in the affirmative. Mr. Craig Thibault (The Collaborative West, Inc., 100 Avinada Miramar, San Clemente, CA) stated that a portion of the family units are also affordable to low-income households. Chair Aguilar asked why the senior units were segregated from the family units. Ms. Diane Hussey (Robert Hidey Architects, 130 Newport Center Drive, Newport Beach, CA) indicated that seniors seem to be less ambulatory. They need elevators while the family housing does not need elevators. Seniors have been concentrated in an area where elevators could be provided for them, which is why the units are in a clustered building arrangement. Another reason is that seniors love to be socially active; therefore, they will be provided areas like laundry facilities and recreation rooms where they can come together. Seniors are encouraged to utilize the main facility and recreation area as well. Views are another reason. There are )j}'fY " EXHIDIT D SEMI-ANNUAL REPORT OWNER'S CERTIFICATION I am the owner or owner's representative for an affordable housing development in the City of Chula Vista, which is bound by a Housing Agreement with the City. I certify under penalty or perjury that the attached rent roll for affordable units at my project is true and correct to the best of my knowledge and complies with the terms and conditions stipulated in the Affordable Housing Agreement, or any agreement that implements the same, with the City of Chula Vista, Name Title Signature Date /¿J/¥C¡ 0651015712-OOO2J3{)l4078.3 ,Q41l4197 Exhibit 3 - Page 1 of 3 (SALT CREEK RANCH) ." . ,', EXHIBIT D SEMI-ANNUAL REPORT PROJECT NAME PROJECT ADDRESS NAME OF PERSON COMPLETING FORM PHONE NUMBER TOTAL SENIOR MONTHLY PROJECfS - BDRM MONTHLY NAME OF NUMBER OF HOUSEHOLD ONE OCCUPANT SIZE RENT HOUSEHOLD OCCUPANTS INCOME IS 60 YEARS+ (xerox form as needed) /tJ-.30 0651015112-0002l3O14078.3 aO4/J4I97 Exhibit 3 - Page 2 of 3 (SALT CREEK RANCH) COUNCIL AGENDA STATEMENT Item // Meeting Date 11130/99 ITEM TITLE: Resolution Approving the submittal to SANDAG of four applications for Transportation Enhancement Activities Program Funds under the Transportation Equity Act for the 21st Century (TEA-21) and designating the Director of Public Works as the authorized Administering Agency Representative for this program SUBMITTED BY: Director of Public worksV Director of Community Development Director of Planning and Building REVIEWED BY: C" M GV (4/Sths Vote: Yes_No_XJ Ity anager k'.J ì)ïV TEA-21 continues the provision related to the Transportation Enhancement Program which was established under previous highway legislation, and sets aside funds for Transportation Enhancement Activities projects. California is expected to receive about $410 million in allocation under this program that will be implemented in one cycle through FY 2004. This allocation will be used to fund Transportation Enhancement projects that are directly connected to the transportation system and will provide maximum enhancement to the environment and surrounding communities. Current regulations require that official applications for the Transportation Enhancement Program be submitted to SANDAG in order for projects to be approved by its Board of Directors for funding. In order for the process to be official, Council must approve a resolution authorizing submittal of the Transportation Enhancement Program applications for available Funds. RECOMMENDATION: That Council approve a resolution approving the submittal to SANDAG of four applications for Transportation Enhancement Activities Program Funds under the Transportation Equity Act for the 21st Century (TEA-21) and designating the Director of Public Works as the authorized Administering Agency Representative for this program. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable, DISCUSSION: On June 9, 1998, the president signed into law the Transportation Equity Act for the 21st Century (TEA-21) which was based on major changes to federal transportation policies and programs in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). TEA-21 continues the provisions related to the transportation enhancement program which requires that 10% of the Surface Transportation Program (STP) funds, available on a statewide basis, be set aside for enhancement activities, Transportation Enhancement funds are to be used for transportation- related projects that enhance the quality of life in or around transportation facilities while providing the greatest benefit to the people. Transportation Enhancement Activities provide a means to integrate transportation facilities into their surrounding communities in a more creative and sensitive manner. /J~/ Page 2, Item- Meeting Date 11/30/99 Of the $410 million expected allocation for the State of California, 75 % ($308million) will be allocated by regional metropolitan planoing organizations such as SANDAG and 25% ($102 million) will be allocated for projects submitted by other state agencies. SANDAG's share of the regional allocation of $308 million is $22.6 million. SANDAG will allocate the regional share to eligible projects in one cycle, which will run through FY2004. However, if sufficient qualifying applications are not received during this cycle, a second cycle will be initiated in FY 2001 to allocate the remaining balance. Transportation Enhancement Activities are reimbursable projects, Local agencies are expected to [fiance the project as it proceeds. Up to 88.5 percent of the actual eligible expenditures, which is the ceiling of the federal funding share, will be reimbursed with each invoice, A local funding share must be used in each phase with a match of approximately 11,5 %. However, preference will be given to overmatched projects during the application evaluation process. Therefore, Staff proposes to use a higher local match than the minimum required for each project. During prior cycles under ISTEA, SANDAG approved a recommended project priority list and submitted the list to the California Transportation Commission (CTC) for final approval and funding. Under TEA-21, the SANDAG Board of Directors will approve the [mal Transportation Enhancement projects based on the project ranking recommended by an evaluation committee. SANDAG has developed revised regional guidelines and procedures for the allocation of these funds. The approved regional guidelines will focus on areas that will help the already adopted Regional Transportation Plan (RTP), the Regional Growth Management Strategy (RGMS), and other regional plans and programs. Transportation Enhancement activities must meet the following recommended program emphasis areas: a. Transit Oriented Development - Highest priority will be given to projects located along existing transit corridors, projects that are consistent with goals outlined in the Land Use Distribution Element of the RGMS and projects committed to implementing the Transit Oriented Developments (TOD). b. Regional Corridor and Feeder Bikeways - The RTP recommends that the bikeway system be expanded by 50 miles per year over the next several years, However, only about 25 miles each year is currently being added, The region's transportation system contains more than 847 miles of bikeways. c. Scenic Viewsheds or Wildlife Corridor Acquisitions - Funding will be used to purchase eligible portions of the preserve where scenic easements also serve as wildlife habitats or corridors. The preserve areas should have a close proximity to major transportation corridors such as highways, major arterials or major transit corridors. d. CorridorlGateway Enhancements - Funding will be used for projects that will improve the interface between the transportation systems and their surrounding communities, //-2 Page 3, Item- Meeting Date 11/30/99 Although SANDAG will focus on the four areas of emphasis listed above, they will also accept applications of projects within any of the following twelve eligible categories: 1. Provisions offacilities for pedestrians and bicyclists, 2. Provision of safety and educational activities for pedestrians and bicyclists. 3. Acquisition of scenic easements and scenic or historic sites. 4. Scenic or historic highway programs. 5. Landscaping and other scenic beautification. 6. Historic preservation. 7. Rehabilitation and operation of historic transportation buildings, structures or facilities. 8, Preservation of abandoned railway corridors, 9. Control and removal of outdoor advertising, 10. Archaeological planning and research, 11. Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-caused wildlife mortality while maintaining habitat connectivity. 12. Establishment of transportation museums. Following the approval of this resolution, the office of the Director of Public Works will submit the complete application package to SANDAG before the December 1, 1999 deadline. The draft priority list recommendation is expected to be completed during the JanuarylFebruary 2000 SANDAG Board of Directors Meeting, The final approval of the priority list is scheduled for the February/March 2000 Board Meeting. The following is a description of the projects that we propose to submit to SANDAG for the TEA- 21 Transportation Enhancement Activities Program funding: 1) Carbon Dioxide (CO2) Reduction: The City proposes to implement an "Urban Forestation Plan" to replenish the City's tree population. The City's tree population is depleting annually primarily in the developed western portion of the City. Only half the trees in the City, when removed, are being replaced. Over the years, the tree budget was only sufficient to buy half the number of trees removed annually. Thus, over time, substantial depletion has occurred. This program will replant 4,000 trees over a period of six years. The estimated cost of the project is approximately $742,000, Total application request is $594,000. 2) Beautification or MTDB Right-or-Way, Phases 2 & 3: These are the second and third phases of an existing beautification project, that will provide planting, irrigation, art, decorative hardscape, and intersection and architectural enhancements along the MTDB Right-or-Way between the Sweetwater River Valley and Main Street in western Chula Vista. The first phase is currently being implemented, The estimated cost of phase 2 is $1.3 million and phase 3 is $1.2 million. The total project cost is approximately $2,5 million and is estimated to take 3 years to complete. Total application request is $2 million. ))/;3 ",-",--""",--'-' -- Page 4, Item- Meeting Date 1l/30/99 3) Extension of "H" Street: The City has been involved in the redevelopment efforts of the Bayfront for many years. One primary impediment to development has been the lack of adequate infrastructure. "H" Street ends at BF Goodrich, just west of Interstate 5. The extension of "H" Street through BF Goodrich to the water front has long been identified as a necessary improvement to traffic congestion at build out; it provides for improved pedestrian, auto and transit links of the regional and local area to the Bayfront; and provides a primary eastlwest connection from the downtown area to the Bayfront. Due to the recent relocation executed by the City, Port Authority and BF Goodrich, the City can move forward with this important project. The proposed project will extend "H" Street approximately 1,300 feet from Interstate 5, through BF Goodrich, to Sandpiper Way. The estimated cost of the project is approximately $5.33 million and is estimated to take 3.5 years to complete. The total application request is $2.25 million. 4) Extension and Realignment of Marina Parkway: As discussed above, an adequate infrastructure is required to realize the full development of the Ba yfront. The completion of Marina Parkway from "E" Street to Sandpiper Way will connect the north Bayfront to the south Bayfront; provide improved pedestrian, bicycle and automobile movement; reduce traffic congestion at build out; and open the Bayfront for development opportunities. The estimated cost of the project is approximately $6.6 million and is estimated to take 3.5 years to complete, The total application request is $3,0 million, The following table shows the total costs for each project: Project TEA Fund Local Match Total 1. CO2 Reduction $594,000.00 $148,000.00 $742,000.00 2. MTDB Right-of-Way Beautification, $2,000,000.00 $500,000.00 $2,500,000.00 Phases 2 & 3 3. "H" Street Extension $2,250,000,00 $3,075,000.00 $5,325,000.00 4. Marina parkway Extension $3,000,000.00 $3,600,000.00 $6,600,000,00 and Realignment TOTAL $7,844,000,00 $7,323,000,00 $15,167,000,00 Gas Tax Funds will be used to cover the cost of the City's matching share of the Carbon Dioxide Reduction Project. Gas Tax Funds can be used in the research, planning, construction, improvement and operation of public streets and highways, including mitigation of their environmental effects. The Gas Tax request will be submitted as part of the CIP review and approval process. The proposed funding source to cover the City's matching share for the Beautification of the MTDB right-of-way Project is the MTDB Billboard Reserve Funds. This fund was created in 1984 because of an agreement between the City, MTDB, and Eller Media Company and Outdoor Signs (Advertising Companies) to utilize the threillboards already in place along the trolley II' Page 5, Item- Meeting Date 11/30/99 right-of-way. The Advertising Companies were allowed by the City, through a conditional-use permit, to keep the billboards and to contribute toward this fund for landscape improvement along the trolley right-of-way, The primary source of matching funds for the "H" Street Extension and the Marina Parkway Realignment Projects will be from the monies set aside for the City of Chula Vista in the San Diego Unified Port District Capital Improvement Project Funds. In addition, private developers will contribute funds toward the projects. A copy of the application package is available in the City Clerk's Office for Council's review. FISCAL IMPACT: Potential total revenues to the City of $7,844,000.00. The actual amount is dependent upon which of the projects is approved for funding by the SANDAG Board of Directors and the amount that they approve. This resolution approves the submittal of the applications, and does not formally approve the implementation of the projects. These projects will be submitted for approval through the Capital Improvement Program. The funding sources for the local match will be identified during the CIP budget approval process. File No,; 0740- 75-KY026 H:\HOME\ENGINEERIAGENDA\99A- T21.RDJ )J~f RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL TO SANDAG OF FOUR APPLICATIONS FOR TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM FUNDS UNDER THE TRANSPORTATION EQUITY ACT FOR THE 21ST CENTURY (TEA-21) AND DESIGNATING THE CITY ENGINEER AS THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM WHEREAS, TEA-21 continues the provisions related to the Transportation Enhancement Activities Program which was established under previous highway legislation, and sets aside funds for Transportation Enhancement Activities projects; and WHEREAS, California is expected to receive about $410 million in allocation under this program that will be implemented in one cycle through FY 2004; and WHEREAS, this allocation will be used to fund Transpor- tation Enhancement proj ects that are directly connected to the transportation system and will provide maximum enhancement to the environment and surrounding communities; and WHEREAS, current regulations require that official applications for the Transportation Enhancement Program be submitted to SANDAG in order for projects to be approved by its Board of Directors for funding; and WHEREAS, this resolution approves the filing of four applications for the TEA-21 funding: (1) Carbon Dioxide (CO2) Reduction, (2) Beautification of MTDB Right-of-Way, Phases 2 & 3, (3) Extension of "H" Street, and (4) Extension and Realignment of Marina Parkway. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the submittal of four applications for Transportation Enhancement Activities Program Funds under the Transportation Equity Act for the 21st Century (TEA-21) and designating the City Engineer as the authorized representative for this program. Presented by Approved as to form by John P. Lippitt, Director of Public Works h, \HOME\LORRAINE\RS\ TEA ))/þ COUNCIL AGENDA STATEMENT Item /.), Meeting Date 11/30/99 ITEM TITLE: Resolution Approving the City ofChula Vista's update of tho Fo",tio"", Highwoy ~i= Mop" SUBMITTED BY: Director of Public Works REVIEWED BY: ¿;I¿ (4/5ths Vote: Yes_NoX) City Manager ,,'(1./ .f"" The Federal-Aid Highway Act of 1973 required the use of functional highway classification to update and modify the Federal-Aid highway system, This legislative requirement is still effective today and is part of the Transportation Equity Act for the 21st Century (TEA-21). The Transportation Equity Act for the 21st Century (TEA-21), which builds on the major changes to federal transportation policies and programs addressed in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), was enacted into law on June 9,1998. TEA-21 continues the provisions related to ISTEA. The functional classification of roads in Chula Vista have not been updated for a considerable period of time. This resolution will satisfy the TEA-21 requirements. I! is also in response to a request by CalTrans to approve the update. The due date for submitting the update was extended by Caltrans to December 3,1999, RECOMMENDATION: That Council approve a resolution approving the City ofChula Vista's update of the Functional Highway Classification Maps, BOARDSICOMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Functional classification is the process by which streets and highways are grouped into classes or systems according to the character of service they are intended to provide. Chula Vista's road system is grouped into the following three classes: principal arterial system, minor arterial system and collector system. The enclosed Attachment "A" shows a listing of all the City streets grouped under said three different classes. This grouping is based on the circulation element chapter ofthe General Plan. Attachment "B" shows a listing of City streets to be added, deleted and/or revised, which will be submitted to update the current Functional Highway Classification Maps. According to the Functional Classification Manual, the urban principal arterial system is identified as unusually significant to the area in which it lies in terms of the nature and composition of travel it serves. The principal arterial system serves the major centers of activity of a metropolitan area. I! carries the highest traffic volume and a high proportion of the total urban area travel on a minimum of mileage. The principal arterial system should carry the major portions of trips entering and leaving the urban area as well as the majority of through movements desiring to bypass the central city, The minor arterial street system should interconnect with and augment the urban principal arterial system and provide service to trips of moderate length at a somewhat lower level of travel mobility than principal arterials. /.2 - / Page 2, Item- Meeting Date 11/30/99 The collector street system provides both access service and traffic circulation within the residential neighborhoods, commercial, and industrial areas, It differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods distributing trips from the arterials through the area to the ultimate destination. Further description on each of the three different classes is shown in Attachment "c," The functional classifications of the street systems in any region are used for federal or state funding of street projects. Federal and State agencies will consider funding of projects if they are identified in the Functional Highway Classification Maps. A street system which is not identified, regardless of its regional or local function, will not be considered for funding and will be considered as local street. Local street projects are excluded from any state or federal funds and are considered the responsibility of the local agency. FISCAL IMPACT: Not applicable. Attaclunents: RDJ;rdj File No.; 0740-30-KYO16 HoIHOMEIENGINEERIAGENDA 199A-FHC RDJ /.2 -).. , ------- RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY OF CHULA VISTA'S UPDATE OF THE FUNCTIONAL HIGHWAY CLASSIFICATION MAPS WHEREAS, the Federal-Aid Highway Act of 1973 required the use of functional highway classification to update and modify the Federal-Aid highway system; and WHEREAS, this legislative requirement is still effective and is part of the Transportation Equity Act for the 21st Century (TEA-21); and WHEREAS, TEA-21 builds on the major changes to federal transportation policies and programs addressed in the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) which was enacted into law on June 9, 1998; and WHEREAS, the functional classification of roads in Chula vista has not been updated for a consideration period of time; and WHEREAS, this resolution will satisfy the TEA-21 requirements and also is in response to a request by CalTrans to approve the update; and WHEREAS, the due date for submitting the update was extended by Caltrans to December 3, 1999. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve the City of Chula vista's update of the Functional Highway Classification Maps as set forth in Attachment "A", incorporated herein by reference as if set forth in full. Presented by Approved as to form by John P. Lippitt, Director of ity Public Works h, \HOME\attorney\reso\classmap J).--J "------,-",,,--'- ATTACHMENT "A" ROADWAY CLASSIFICATION BASED ON THE CIRCULATION ELEMENT PRINCIPAL ARTERIALS Street ~ Broadway State Route 54 to "E" Street East "H" Street State Route 125 to Mount Miguel Road East "H" Street Interstate 805 to Otay Lakes Road La Media Road Otay Lakes Road to Southerly City Limits Olympic Parkway Interstate 805 to Hunte Parkway Otay Lakes Road Bonita Road to Telegraph Canyon Road Otay Lakes Road Telegraph Canyon Road to Easterly City Limits Proctor Valley Road Mount Miguel Road to Hunte Parkway Telegraph Canyon Road Interstate 805 to Otay Lakes Road MINOR ARTERIALS S1!m Section Beyer Way Main Street to Southerly City Limits Bonita Road E StreetIFlower Street to Otay Lakes Road Broadway "E" Street to Southerly City Limits "E" Street Bay Boulevard to Bonita Road East "H" Street Otay Lakes Road to State Route 125 Eastlake Parkway Miller Drive to Olympic Parkway First Avenue "E" Street to "H" Street Fourth Avenue State Route 54 to Beyer Way "H" Street Bay Boulevard to Interstate 805 Hilltop Drive "H" Street to Main Street Hunte Parkway Proctor Valley Road to Olympic Parkway "J" Street Interstate 5 to Hilltop Drive "L" Street Interstate 5 to Nadon Avenue Main Street Interstate 5 to Otay Valley Road Olympic Parkway Hunte Parkway to Wueste Road Orange Avenue Palomar Street to Interstate 805 Otay Valley Road Main Street to Easterly City Limits Palomar Street Bay Boulevard to Broadway Paseo Ranchero East "J" Street to Southerly City Limits Telegraph Canyon Road Nadon Avenue to Interstate 805 Third Avenue "c" Street to Main Street /:2. ~ 1/ COLLECTOR STREETS Street Section Anita Street Industrial Boulevard to Third Avenue Bay Boulevard "E" Street to Main Street Brandywine Avenue East Palomar Street to Otay Valley Road Buena Vista Way Rancho del Rey Parkway to Telegraph Canyon Road "C" Street Broadway to Second Avenue Corral Canyon Road Northern City Limits to East "H" Street "D" Street West end to Second Avenue Del Rey Boulevard East "H" Street to Rancho del Rey Parkway East Palomar Street Hilltop Drive to Olympic Parkway EastIake Drive Hillside Drive to Lakeshore Drive Eastlake Drive Lakeshore Drive to Miller Drive "F" Street Marina Parkway to Hilltop Drive Fenton Street EastIake Parkway to east of Lane Avenue Fifth Avenue "C" Street to "H" Street Fifth Avenue "I" Street to Orange Avenue First Avenue "H" Street to "L" Street First Avenue Naples to south end "G" Street Colorado Avenue to Hilltop Drive Hillside Drive Port Renwick to EastIake Drive Hilltop Drive "F" Street to "H" Street "I" Street Colorado Avenue to east of Hilltop Drive Industrial Boulevard "L" Street to Southerly City Limits East "J" Street Hilltop Drive to Paseo Ranchero "K" Street Colorado A venue to First Avenue Lane Avenue Proctor Valley Road to Otay Lakes Road Medical Center Drive Telegraph Canyon Road to East Palomar Street Melrose Avenue Telegraph Canyon Road to Otay Valley Road Marina Parkway "F" Street to "J" Street Moss Street Industrial Boulevard to Naples Street Nadon avenue "J" Street to Melrose Avenue Naples Street Industrial Boulevard to Medical Center Court Oleander Avenue Telegraph Canyon Road to Otay Valley Road Oxford Street West end to Nadon Avenue Palomar Street Interstate 5 to Hilltop Drive Paseo del Rey East "H" Street to Telegraph Canyon Road Paseo Ladera East "J" Street to East Palomar Street Paseo Ranchero Rancho del Rey Parkway to East "J" Street Plaza Bonita Road Sweetwater Road to Bonita Road Port Renwick Corral Canyon Road to Hillside Drive Proctor Valley Road Hunte Parkway to Easterly City Limits Rancho del Rey Parkway Del Rey Boulevard to Del Rey Boulevard Ridgeback Road Rancho del Rey Parkway to Otay Lakes Road /.2-5 Rutgers Avenue Corral Canyon Road to Otay Lakes Road Second Avenue Northerly City Limits to "L" Street Second Avenue Moss Street to Orange Avenue South Lakeshore Drive Eastlake Drive to Eastiake Drive Terra Nova Drive East "H" Street to Rancho del Rey Parkway Telegraph Canyon Road Hilltop Drive to Nacion Avenue Willow Street Bonita Road to Sweetwater Road H: \HOMEIENGINEER \A GENOA \99 A-FHC 1. 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Q o~ ~Q :Þ ~~ ~~ ~ ~o~~~ ~o~ooooooo ~~oooo~~ ffl~ 0 0 ~~ :t: ~a ~~ ifi A~AAA A~A~~~~~~~ AA~~~~~ $~ ~ m~ > - ~ ~ u¡ mØ ) '7 /' ç/ wowo~ woooooooo~ woo,,""~~ 0\ 0 ~~~~~ tm~~~~~~~~ s~~~~m~~ - ATTACHMENT "C" -- -- ,- - -,-. prban ~rinci~al arterial BVstei :tn every urban environment there exist. a system of streets and highways which can be identified as unusually significant to the area in which it lies in tenD of the nature and composition o~ travel it serves. :tn smaller urban areas (under 50,000) these ~aci]dties may be very limited in number and extent and their importance may be primarily derived ~ram the service provided to travel passing through the area. In larger urban areas their importance also derives from service to rural oriented traffic, but equally or even more important, ~ram service for major movements wi thin these urbanized areas. ~is system of streets enå highways is the urban principal arterial system and should serve the major centers of a:tivity of a metropolitan area, the highest traffic volume corridors, and the longest trip desires: and should carry a high proportion of the total urban area travel on a minimwn of mileage. The system should be integrated, both internally and between :major rural connections. The principal arterial system should carry the major portion of trips entering and leaving the urban area, as well as the :majority of tbrouqh :movements desirinq to bypass the central city. In addition, significant intra-area travel, such as between central business districts and out1yinq residential areas, between :major inner city communities, or between :major suburban centers should be served by this system. Frequently the principal arterial system will carry important intraurban as well aa intercity bus routes. Finally, this system in s_ll urban and urbanized area. should provide continuity for all rural arterial. which intercept the urban boundary. Because of the nature of the travel aerved by the principal arterial system, almost all fully and partially controlled access fAcilities will be part of this functional system. Bowever, this system is not restricted to controlled Access routea. In order to preserve the identification of controlled access facilities, the principal arterial system is stratified a. follows: (1) :tnterstate, (2) other freewAYs and expre.sways, and (3) other principal arteria3:a (with no control of access). The spacing of urban principal arterial. will be closely related to the trip-end density characteristics of particular portions of the urban areas. While no firm spacing rule can be established which will apply in all, or even most circumstances, .- 1 OF 2 /.2-7 - -- 'the spacing of principal arterials (in larger urban areas) may vary ~rom less than one mile in the highly- developed central business areas to five :dles or more in the sparsely developed urban ~ringes. . ,- - - -,- - - -- ,. Yor principal arterials, the concept of .ervice to abutting land should be subordinate to the provision of travel service to major traffic movements. It should be noted that only facilities within the "other principal arterialR system are capable of providing any direct access to adjacent land, and such service should be purely incidental to 'the primary functional responsibility of this system. Urba~ minor ~rtD~ia' street svstem The minor arterial street system should interconnect with and augment the urban principal arterial system and provide service to trips of modera":.e leng--..h at a somewhat lower level of travel mobility than principal arterials. This system also distributes travel to geographic areas smaller than those identified with the higher system. The minor arterial street system includes all arterials not classified as a principal and contains facilities 'that place more emphasis on land access than the higher system, and offer a lower level of traffic mobility. Such facilities may carry local bus routes and provide intra-community continuity, but ideally should not penetrate identifiable neighborhoods. This system should include urban connections to rural collector roads where such connections have not been classified as urban principal arterials. The spacing of minor arterial streets may vary from lIB - 1/2 mile in 'the central business district to 2 - 3 miles in the suburban fringes, but should normally be not more than 1 mile in fully developed areas. Urba~ collector street system The collector street system provides both land access service and traffic circulation within residential neighborhoods, commercial and industrial areas. It differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the area to the ultimate destination. Conversely, the collector street also collects traffic from local streets in residential neighborhoods and channels it into the arterial system. In the central business district, and in other areas of like development and traffic density, the collector system may include the street grid which forms a logical entity for traffic .. circulation. /;2 ~/tJ 2 OF 2 COUNCIL AGENDA STATEMENT Item/3 Meeting Date 11130/99 ITEM TITLE: Resolution Declaring City's intention to underground overhead utilities along Broadway from "c" Street to "E" Street and setting a public hearing for the formation of Utility Underground District Number 128 for """"Y 18, 2000 ,,6,00 ~ SUBMITTED BY: Director of Public Works (;é REVIEWED BY: City Manager {:?íV (4/5ths Vote: Yes_No_XJ /¡,' A public hearing was conducted before the City Council on September 1 and 15, 1998, at which time the City Council approved the ordinance (Ordinance No.2746) adopting the new Franchise Agreement with SDG&E during its second hearing. Part of this agreement involves the allocation of the California Public Utilities Commission (CPUC) Rule lOA Funds for constructing the Utility Underground Conversion Projects shown in Exhibit" A." The next round of utility underground conversion projects, as approved in the new Franchise Agreement, is scheduled for the year 2000. Broadway from "c" to "E" Streets is one of the projects scheduled for completion in the year 2000. RECOMMENDATION: That Council approve the resolution declaring the City's intention to underground overhead utilities along Broadway from "C" Street to "E" Street and setting a public hearing for the formation of Utility Underground District Number 128 for January 18, 2000 at 6:00 p.m. BOARDSICOMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The adoption of the new Franchise Agreement with SDG&E Company allocates CPUC Rule 20A Funds for constructing a Utility Underground Conversion project along Broadway between "c" and "E" Streets. On February 19, 1999, representatives of the Underground Utility Advisory Committee (UUAC), consisting of representatives of SDG&E, Pacific Bell, Cox Communications, Chula Vista Cable, and the City, held a "walk-thru" of the site, along Broadway from "C" to "E" Streets, to determine the proposed boundary of the underground utility district for the conversion of existing overhead utilities. The proposed boundary is shown on attached Exhibit "B." The UUAC representative agreed to propose to the City Council the formation of a utility undergrounding district for the conversion of overhead utilities along Broadway between "C" and "E" Streets. The proposed utility undergrounding district is about 2,600 feet (see Exhibit "B") and will cost approximately $513,000. Undergrounding of overhead utilities south of the proposed district has been completed. The Average Daily Traffic (ADT) counts on Broadway between "C" and "E" Streets is approximately 20,000. /3-/ ,,---, -,--,----- Page 2, Item- Meeting Date 11/30/99 Staff recommends the formation of this conversion district along this section of Broadway because: 1. Broadway is a major northlsouth thoroughfare in the western portion of Chula Vista and an entrance into the City. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. This segment of Broadway is classified in the General Plan's Circulation Element as a four- lane major street. 3. Undergrounding has been completed on Broadway from "E" Street to the south city limit, thus making the proposed district an extension of an undergrounded section. Undergrounding of the overhead utilities will complete the only remaining portion of Broadway that is not undergrounded. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the under- grounding of existing overhead utilities within designated areas of the City to give persons the opportunity to speak in favor of or against the formation of a proposed district to underground utilities. The purpose of forming the district is to require the utility companies to underground all overhead lines, to remove all existing wooden utility poles within the District, and to require property owners to convert their service connections to underground. Several dusk-dawn lights on private properties are proposed to be removed, one each at 80, 82 and 196 Broadway, and two at 71 Broadway. Dusk-dawn lights are strictly serviced from overhead lines only and not from any underground source. Mounted on wooden poles, the dusk-dawn lights are owned by SDG&E and are rented to the property owners. The conversion work required from the property owners will involve the trenching, backfilling and installation of conduits from property line to the point of connection. ChuIa Vista City Council Policy No. 585-1 established a mechanism that helps property owners with the cost of the conversion work from the distribution lines to the structure. This policy provides for the reimbursement of property owners at a rate of $30 per foot of trenching (up to 100'). The approximate reimbursement amount to each of the affected properties in the district is shown in Exhibit" C. " Each reimbursement amount to the property owners will be adjusted based on the actual trenching footage constructed. The reimbursement amount is currently estimated to be $18,000 and is included in the overall cost estimate of $513,000. Approval of this resolution will set a public hearing to be held during the City Council meeting of January 18, 2000 at 6:00 p.m., in accordance with Section 15.32.130 of the Muni cipal Code for the formation of this district. Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each utility company of the time and place of the public hearing at least 15 days prior to the date of the public hearing. Notice is to be given by mail to all property owners and occupants of property located within the boundaries of the proposed district. /5"2 Page 3, Item- Meeting Date 11/30/99 The City Clerk is required by said section of the Code to publish the Resolution of Inte ntion, setting the public hearing in the local newspaper no less than five days prior to the date of the public hearing. FISCAL IMPACT: The cost of pole removal, under grounding overhead facilities and private property conversion reimbursements as outlined above is estimated to be approximately $513,000. SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project. All staff costs associated with the formation of this district are not reimbursable from the allocation funds and, therefore, are borne by the general fund. Attachment: Exhibit A - Utility Underground Conversion Projects Exhibit B - Boundary Map Exhibit C - Reimbursement Schedule File No; 081O-50-KYO78 H 0 IHOMEIENGINEER IA GENDA 199 A - U 128, RDI ).)-3 RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES ALONG BROADWAY FROM "C" STREET TO "E" STREET AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 128 FOR JANUARY 18, 2000 AT 6:00 P.M. WHEREAS, Chapter 15.32 of the Chula vista Municipal Code establishes a procedure for the creation of underground utility districts and requires as the initial step in such procedure the holding of a public hearing to ascertain whether public necessity, health, safety, or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in any such district; and WHEREAS, on February 19, 1999, an Underground Utility Advisory Committee (UUAC) meeting was held at the site to determine the proposed boundary of an underground utility district for the conversion of existing overhead utilities along Broadway from "C" Street to "E" Street; and WHEREAS, it has been recommended that such an underground utility district, hereinafter called "District", be formed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Chula vista as follows: 1. NOTICE IS HEREBY GIVEN that a public hearing will be held in the Council Chambers of the City of Chula vista at 276 Fourth Avenue in said City on Tuesday, the 18th day of January, 1999, at the hour of 6:00 p.m., to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication, or similar associated service in the District hereinabove described. At such hearing, all persons interested shall be given an opportunity to be heard. Said hearing may be continued from time to time as may be determined by the City Council. 2. The City Clerk shall notify all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearing by mailing a copy of this resolution to such property owners and utilities concerned at least fifteen (15) days prior to the date thereof. 1 )3-1 3. The area proposed to be included in the District is as shown on Exhibit A attached hereto and made a part hereof by reference. Presented by Approved as to form by John P. Lippitt, Director of Public Works H, \home\lorraine\re\uudph,l28 2 ,--- / 3 ~.-:> CITY OF CHULA VISTA EXHIBIT "A" UTILITY UNDERGROUNDING PROGRAM UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED BY END OF 1999: DISTRICT STREET LIMITS NUMBER E Street Broadway to Toyon Lane 123 Main Street Industrial Boulevard to Third Avenue 126 Otay Lakes Road Ridgebaek to Apache Drive 129 Palomar Street 1-5 to Industrial Boulevard 127 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2000: ESTIMATED STREET LIMITS COST Broadway "c" Street to "E" Street $513,000 Fourth Avenue "H" Street to "L" Street $1,000,000 Oranae Avenue Palomar Street to Fourth Avenue $440000 TOTAL $1,953,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2001: LIMITS Bonita Road to Camino Dei Cerro Grande TOTAL $2,250,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2002: ESTIMATED STREET LIMITS COST ourth Avenue "L" Street to Orange Avenue $1,150,000 ~:~:: Street Monserate Avenue to Naeion Avenue $340,000 "Street Broadwav to Third Avenue $700,000 TOTAL $2,190,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2003: ESTIMATED STREET LIMITS COST Otav Lakes Road Camino Del Cerro Grande to Ridoebaek Road $2100000 TOTAL $2,100,000 FUTURE UTILITY UNDERGROUNDING PROJECTS TO BE COMPLETED IN 2004: ESTIMATED STREET LIMITS COST 'J" Street East of Broadway to Third Avenue $700,000 "J" Street East of Naeion Avenue to West of Lori Lane $290,000 'J"Street Third Avenue to First Avenue $475000 TOTAL $1,465,000 (homel.. .\advplanluudistlUUDSCHED.WB1) /3'-6 JULY 27,1998 , ,-----_.,~----- \\\ ~ ~\! . .ø' s~' \ A\\1\ ~ UTILITY UNDERGROUNDING DISTRICT NO. 128 Broadway "c" to "e" St ~ UNDERGROUND DISTRICT BOUNDARY 0 DUSK-ÐAWN LIGHT s J:J - 7 . UTILITY POLES TO BE REMOVED eXHIBIT "B" C=:J AFFECTED PROPERTY OWNERS , ",---- -------,-------------'--'-""'-"---- g: g: g: g: g: ,g: g: Ii! ,g: ,g: g:g: g: Ii! g: g: Ii! 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City Manager {"J .)fII On August 10, 1999, City Council approved Resolution No. 19566 accepting bids and awarding three contracts for "Sewer Rehabilitation - Phase VIII and IX Projects in the City of Chula Vista (SW-900, SW-215)" and authorizing the Director of Public Works to negotiate a change order for Council approval to utilize the remaining funds within this project for the rehabilitation of additional sewer mains listed in Exhibit "A" (attached). The contracts were awarded to: Fill Dirt, Inc. in the amount of $333,662 for Contract 'A' Jimenez Inc. in the amount of $15,000 for Contract 'B' Insituform Technologies, Inc. in the amount of $110,800 for Contract 'C' In the process of lining the sewer mains (Contract Bid Proposal 'C'), Insituform Technologies discovered that additional point repairs and sewer main replacements would be necessary. Change Order No.1 to the contract with Insituforrn Technologies, Inc., in the amount of $24,760, is for the cost of this repair work. In addition, staff solicited quotes from all three contractors for the rehabilitation of the additional sewer mains listed in Exhibit" A". Fill Dirt, Inc. and Jimenez, Inc. declined, in writing, to provided quotes. Insituform Technologies, Inc. provided a quote, using its base bid prices, of $97,567.10. Change Order No.2 to the contract with Insituform Technologies, Inc., in the amount of $97,567.10, is for the rehabilitation of additional sewer mains listed in Exhibit "A". Change Orders No.1 and 2 total $122,327.10. The unencumbered balance in the project fund account is approximately $200,000. RECOMMENDATION: That Council approve Change Orders No. I and 2 to the Public Works contract with Insituforrn Technologies, Inc. for the "Sewer Rehabilitation - Phase VIII and IX Projects, Contract 'C'" (SW-900, SW-215) and authorize the Director of Public Works to execute said change orders on behalf of the City BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. /1-) Page 2, Item Meeting Date 11/23/99 DISCUSSION: On August 10, 1999, City Council approved Resolution No. 19566 accepting bids and awarding three contracts for "Sewer Rehabilitation - Phase VIII and IX Projects in the City of Chula Vista (SW-900, SW-215)" and authorizing the Director of Public Works to negotiate a change order for Council approval to utilize the remaining funds within this project for the rehabilitation of additional sewer mains listed in Exhibit "A" (attached). Contract 'C' is for the lining of existing sewer mains using folded PVC liner pipe. In the process of lining the sewer mains (Contract Bid Proposal 'C'), Insituform Technologies discovered that additional point repairs and sewer main replacements would be neces sary to complete pipe lining in several locations that have rapidly deteriorated since preparation of the project plans and specifications. Change Order No.1 to the contract with Insituform Technologies, Inc., in the amount of $24,760, is for this repair work. Due to the need to proceed with the repairs as quickly as possible in order to avoid additional deterioration and possible failure of these sewer mains and to avoid potential delay claims by the contractor due to the changed conditions, the Director of Public Works directed the contractor to proceed with the work. Resolution No. 19566 authorized the Director of Public Works to negotiate a change order for Council approval to utilize the remaining funds within this project for the rehabilitation of additional sewer mains listed in Exhibit "A" (attached), which involves lining of the sewer mains. Staff solicited quotes from all three contractors for the additional work. Fill Dirt, Inc. and Jiminez, Inc. declined, in writing, to provide quotes on the additional work. Insituform Technologies, Inc. provided a quote, using its base bid prices, of $97,567.10. Change Order No. 2 to the contract with Insituform Technologies, Inc., in the amount of $97,567.10, is for the rehabilitation of the additional sewer mains listed in Exhibit" A". Change Order No.2 also increases the contract time by 30 working due to the additional time required to perform the additional work listed in Exhibit "A". FISCAL IMPACT: Change Orders No. I and 2 total $122,327.10, increasing the construction contract cost with Insituform Technologies, Inc. to $233,127.10. Adequate funds for said change orders are available in the unencumbered balance of the project fund account. Attachments: Exhibit A - Table of Additional Work Exhibit B - Change Order No.1 Exhibit C - Change Order No.2 H;IHOMEIENGINEERIAGENDA ISW900C J 113 File No; 0735-10-SW215-6 November 16,1999 (1;IOpm) /1/--2 ------------- -,,----------------,--~--'- RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NOS. 1 AND 2 TO THE PUBLIC WORKS CONTRACT WITH INSITUFORM TECHNOLOGIES, INC. FOR THE "SEWER REHABIL- ITATION - PHASE VII AND IX PROJECTS, CONTRACT 'C'" (SW-900, SW-215) AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SAID CHANGE ORDERS ON BEHALF OF THE CITY WHEREAS, on August 10, 1999, the city Council approved Resolution No. 19566 accepting bids and awarding three contracts for "Sewer Rehabilitation - Phase VII and IX Projects" in the city of Chula vista; and WHEREAS, the Director of Public Works was authorized to nego~i~te a change order for Council approval to utilize the remaJ.nJ.ng funds within this project for the rehabilitation of additional sewer mains listed in Exhibit "A"; and WHEREAS, the contracts were awarded to: Fill Dirt, Inc. in the amount of $333,662 for Contract 'A' Jimenez Inc. in the amount of $15,000 for Contract 'B' Insituform Technologies, Inc. in the amount of $110,800 for Contract 'c' WHEREAS, in the process of lining the sewer mains (Contract Bid Proposal 'C'), Insituform Technologies discovered that additional point repairs and sewer main replacements would be necessary; and WHEREAS, Change Order No. 1 to the contract with Insituform Technologies, Inc., in the amount of $24,760, is for the cost of this repair work; and WHEREAS, in addition, staff solicited quotes from all three contractors for the rehabilitation of the additional sewer mains listed in Exhibit "Au; and WHEREAS, Fill Dirt, Inc. and Jimenez, Inc. declined, in writing, to provide quotes, however, Insituform Technologies, Inc. provided a quote, using its base bid prices, of $97,567.10; and WHEREAS, Change Order No.2 to the contract with Insituform Technologies, Inc., in the amount of $97,567.10, is for the rehabilitation of additional sewer mains listed in Exhibit "A". / t/ ~3 NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve Change Orders No. 1 and 2 to the Public Works contract with Insituform Technologies, Inc. for the "Sewer Rehabilitation - Phase VI I I and IX projects, Contract 'c'" (SW-900, SW-2l5). BE IT FURTHER RESOLVED that the Director of Public Works is hereby authorized to execute said change orders on behalf of the City. Presented by Approved as to form by John P. Lippitt, Director ney of Public Works H' \HOME\ATTORNEY\RESO\INSITUFM co 2 )t/'if rJ) - Uì ~1~ .æ ~ g> .2: 0:: N .... õ.. ". õ.. ~ ... ~ 00 Q. õ... ~ ~ ø ~~ ~ ;:ø' :5 ;;; ~ î;;; w (/)~ øø"""..:t"'øø"""", < ~ C,) C,) a¡ a¡ L)(..)(..)(,) a¡ ...., a¡ ::!i. ¿'¿'¿'¿'¿'¿'¿'¿'¿'d,¿' g¡g """",;:;",;:;",..,..,g;:; ""0:: ~~~~~~~~~~~ a¡ =: W ~ ~ ~~~~~~~~~~~ ~ a¡ .... "'NN """~N"""~ N :5 g < ... > =: < - ~ ~ ....ø~....~~øø"'~.... < fu (/) 0 (¡j 0 w '" Z ..J .!!1 ~ 0 """"'00 ~"'ØNØ'" g O~ """"""~"'ØOOØØN ~ .æ ""z OO""~~~~øoo~~~ ro Z < - 0 :æ ~ ë:c E w 2 .. 0 ..J '" ~o ~O ~~8~"""~~~~~ I M< o::~z ~~"'~~~""O"'OON 0 ~~ "'< ~~~~ ~N~~'" ~ ::to :E Q. Xw < Wz :¡ w 0:: W - a¡ '" 0 Æ .... rJ) .... z , z Q ~ § y.J ~ !;¡: áj ~ N .9 1;3 g ~~ ~ ~ rJ) ..J Õ 2 -g g! 0:: .... .S.=; '" ~ « w z ~....- ø ~ ~ ~ ~ ~~;:;~ N~~",g! ~ <:J NONO~"'ØájN-~~ W _0-. """'",o~""-' rJ) ooQ;g!y.J.9.9~;;;~e~ 0:: ~::J«@......",.....,..CDN w .áj"E",..._......c.N.~.9.,.. ~ ~>'-::J""""""'-o::J ~ áj~¡::ájÈÈÈÈ';;;~áj ¡:: ~Sãf~~~g!~~ãf~ ttJ ",~Æ.!!!~~~~O ~ Q; ¡: .~ ~ ~ ~ .~ .~ .~ .~ .~ ~ .Q rJ) <CNP..J~~~~....b<:J g ~N""""'Ø""OO~~;: ..... :5~ ~~~~~~~~~~~ ~ / ';I-.S E3< t}1~'- " If 13 CHANGE IN CONTRACT CHANGE ORDER NO, 1 November 10,1999 0735.10-SW900 CONTRACT: SEWER REHABILITATION PHASES VII & IX - CONTRACT 'C' CONTRACTOR: Insituform Technologies, Inc. The following changes shall be made to increase the contract dated August 10, 1999 (Resolution No. 19566) between the City of Chula Vista and Insituform Technologies, Inc.. REMARKS AND DETAilS: 1 Repair eight additional sections of pipe in order to line pipe. 8 @ $2,360.00" $18,880,00 2 Replace 20 IF of sewer main and property restoration. lump Sum .. $5,880.00 3 Number of additional working days - 0 The agreed lump sum price given is considered to be full cost for furnishing all tools, labor, materials, equipment, incidental costs, overhead and fees for performing the work in this contract change and no additional compensation will be due. ORIGINAL CONTRACT PRICE: $110,BOO.00 PREVIOUS CHANGE ORDERS: $0.00 THIS CHANGE ORDER: $24,760.00 REVISED TOTAL CONTRACT PRICE: $135,560.00 Aggregate Total of Change Orders: $24,760.00 It is agreed by the undersigned that all extra work shall be performed and materials furnished according to the original contract and according to the statement, if any, attached hereto. APPROVED BY ACCEPTED BY ORDERED BY John P. LIppitt Shari Garwick Director of Public Works Insituform Technologies, Inc. 9445 Ann Street. Santa Fe Springs, CA 90670 (H; \.. IInspectICIPISw90Q-99.xlsCCo-l) 11/10/99 /t/-j, EXK-It?rí "e," CHANGE IN CONTRACT CHANGE ORDER NO.2 November 10,1999 0735-10-SW900 CONTRACT: SEWER REHABILITATION PHASES VII & IX - CONTRACT 'C' CONTRACTOR: Insituform Technologies, Inc. The following changes shall be made to increase the contract dated August 10, 1999 (Resolution No. 19566) between the City of Chula Vista and Insituform Technologies, Inc.. REMARKS AND DETAILS: 1 Rehabilitate (line) eleven sdditional sections of sewer main as shown in Table "D" of the Contract. Lump Sum = $84,882.10 2 Open Laterals 99 Laterals @ $125 = $12,375.00 4 Number of additional working days - 30 The agreed lump sum price given is considered to be full cost for furnishing all tools, labor, materials, equipment, incidental costs, overhead and fees for performing the work in this contract change and no additional compensation will be due. ORIGINAL CONTRACT PRICE: $110,SOO.00 PREVIOUS CHANGE ORDERS: $24,760.00 THIS CHANGE ORDER: $97,257.10 REVISED TOTAL CONTRACT PRICE: $232,817.10 Aggregate Total of Change Orders: $122,017.10 It is agreed by the undersigned that all extra work shall be performed and materials furnished according to the original contract and according to the statement, if any, attached hereto. APPROVED BY ACCEPTED BY ORDERED BY John P. Lippitt Shari Garwick Director of Public Works Insituform Technologies, Inc. 9445 Ann Street Santa Fe Springs, CA 90670 (H: I. .11 nspectICIPlSw900-99.xIsCCO-2) 11/10/99 /1-7 ""'-,,--- , --'_00"",,""",-,- COUNCIL AGENDA STATEMENT Item /5" Meeting Date 11/30/99 ITEM TITLE: Resolution Accepting bids and awarding contract for the "Grading Restoration and Silt Removal for Bonita Long Canyon Detention Basin in the City of Chula Vista, California (DRI42)", and appropriating funds as a loan from the Trunk Sewer Capital Reserve Fund. SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager ~t'V'(I/ (4/5ths Vote: Yes-X-No_) On October 13, 1999, in the Public Services Building, the Director of Public Works received sealed bids for the "Grading Restoration and Silt Removal for Bonita Long Canyon Detention Basin in the City ofChula Vista, California (DRI42)" project. The project involves removal of silt and vegetation, and grading the area around the upstream inlet structure. RECOMMENDATION: That Council: 1. Approve a resolution accepting bids and awarding contract for the "Grading Restoration and Silt Removal for Bonita Long Canyon Detention Basin in the City of Chula Vista, California (DRI42)" project to L.E. Little General Engineering for $39,523.00. 2. Appropriate funds as an interest bearing loan from the Trunk Sewer Capital Reserve Fund to the Storm Drain Fund for $50,523.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City of Chula Vista maintains a dam built by McMillin in the Bonita Long Canyon as part of their Bonita Long Canyon Estates project (See attachment "A"). The dam was designed as a detention basin to protect properties located downstream from flooding. It also serves as a siltation basin and needs to be cleaned periodically. Silt was last removed on December 1997. The basin is also overgrown with invasive and exotic vegetation. It is the City's responsibility to maintain the desilting basin. Under Section 404 of the Clean Water Act, the City is required to obtain a permit from the US Army Corps of Engineers (USACE) to remove the vegetation and the silt. A permit is also required from the California Department of Fish and Game (CDFG). Both permits were obtained before the 1997 project and are still valid for this project. !~-/ Page 2, Item- Meeting Date 11/30/99 The project was advertised and bids were received from twelve (12) contractors as follows: CONTRACTORS BID AMOUNT 1. LE. Little General Engineering, San Diego, California. $39,523.00 2. Hance Construction, Bakersfield, California. $ 47,500.00 3. MJC Construction, Chula Vista, California. $ 48,700.00 4. Anderson Piping Contractors, El Cajon, California. $ 57,775.00 5. Iron Horse Grading Inc., El Cajon, California. $ 67,700.00 6. FSG General Engineering Inc., Lakeside, California. $ 67,796.00 7. Clauss Construction, Lakeside, California. $ 77,000.00 8. Mesa Construction Projects, San Diego, California. $ 77,526.00 9. RM. Martin, Alpine, California. $ 86,922.00 10. Kevin Casey Equipment Rental, El Cajon, California. $119,539.00 11. Rutledge Joint Venture, Lemon Grove, California. $127,366.00 12. Roberts Engineering, Escondido, California. $147,000.00 The low bid by LE. Little General Engineering is below the Engineer's estimate of $75,000 by $35,477 or approximately 47%. The Engineer's estimate was prepared conservatively. The references were verified and their work has been satisfactory. Staff has reviewed the low bid and is recommending awarding the contract to LE. Little General Engineering of San Diego, California, for $39,523.00. Disclosure Statement Attachment "B" is a copy of the contractor's Disclosure Statement Environmental Status The City's Environmental Review Coordinator has reviewed this project and determined that the project is exempt under Section 15301, Class 1 (h) of the California Environmental Quality Act (CEQA). A Notice of Exemption has been filed in the Office of the County Clerk on April 20, 1999. Wage Statement No prevailing wage requirements were necessary as part of the bid documents. No special minority or women owned business requirements were necessary as part of the bid documents. /5~~ - ~-,--~---~--------~ Page 3, Item- Meeting Date 11/30/99 Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (LE. Little General Engineering) $39,523.00 B. Contingencies (Approximately 13%) $5,000.00 C. Staff Costs (Design & Inspection) $6,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $50,523,00 FUNDS AVAILABLE FOR CONSTRUCTION A. Appropriation from the Trunk Sewer Capital Reserve Fund as a loan $50,523.00 to the Storm Drain Fund. TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $50,523,00 There are insufficient funds in the Storm Drain Fund to appropriate at this time. Therefore, a loan is needed from the Trunk Sewer Capital Reserve Fund to construct this project. The City received a FEMA Disaster Survey Report (DSR) which allocated Federal Emergency relief funds for this project. A portion of this loan will be reimbursed from a FEMA Federal Disaster Assistance Fund grant of$10,717, when the project is completed and the accounting closed. The silt accumulated needs to be removed periodically to allow the detention basin to function as designed. Since the silt accumulation depends on the developed areas, rainfall intensity, erosion control methods (e.g., vegetation cover, slope protection, rip-rap), it is uncertain when the process would have to be repeated. Attachments: A. Locator map B. Disclosure Statement Ho\HOME\ENGINEER\DESIGN\DR142\DR142A113.doc ;5'-J RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "GRADING RESTORATION AND SILT REMOVAL FOR BONITA LONG CANYON DETENTION BASIN IN THE CITY OF CHULA VISTA, CALIFORNIA (DR142) ", AND APPROPRIATING FUNDS AS A LOAN FROM THE TRUNK SEWER CAPITAL RESERVE FUND WHEREAS, on October 13, 1999, in the Public Services Building, the Director of Public Works received the following twelve sealed bids for the "Grading Restoration and silt Removal for Bonita Long Canyon Detention Basin in the City of Chula vista, California (DR142)" project: 1. LE. Little General Engineering, San Diego, California. 2. 3. MJC Construction, Chula Vista, California. 11. Rutledge Joint Venture, Lemon Grove, California. 12. WHEREAS, the low bid by L.E. Little General Engineering is below the Engineer's estimate of $75,000 by $35,477 or approximately 47%; and WHEREAS, Staff has reviewed the low bid and is recommending awarding the contract to L.E. Little General Engineering of San Diego, California, for $39,523.00; and 1 /S--Lj WHEREAS, the city's Environmental Review Coordinator has reviewed this project and determined that the project is exempt under section 15301, Class 1 (h) of the California Environmental Quality Act (CEQA) and a Notice of Exemption has been filed in the Office of the County Clerk on April 20, 1999. WHEREAS, no prevailing wage requirements were necessary as part of the bid documents and no special minority or women owned business requirements were necessary as part of the bid documents, however, disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept bids and award contract for the "Grading Restoration and silt Removal for Bonita Long Canyon Detention Basin in the city of Chula vista, Ca. (DR142) " to L. E. Little General Engineering for $39,523.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract on behalf of the city of Chula Vista. BE IT FURTHER RESOLVED that the amount of $50,523.00 is hereby appropriated as an interest bearing loan from the Trunk Sewer Capital Reserve Fund to the Storm Drain Fund for $50,523.00. Presented by Approved as to form by John P. Lippitt, Director of ttorney Public Works h, \home\attorney\reno\BLC. bid 2 )f~ 1/ / /1 m PROJECT UMIT 7.87',t ATTACHMENT "A" RIVERJ/ILE: N/A I NAME OF WATER BODY: BONITA UlNG CANYON ~TOE OF SLOPE ¡j HIGH WATER MARK: N/A DISTANCE FROM HIGH WATER MARK: N/A GRADING BASIN, EXCEPT WILLOfS SCALE: ,. = 80' - - - - ~ON DRlVl ------- . l..4TITUDE-32'39' 19.3897' LONGITUDE-It7'OO' 19.06" TOE OF SLOPE TOE OF SLOPE 4' DU. STORJ/ DRAIN INLET PROJECT SITE VICINITY MAP NOT TO SCALE -- ~.... -,.... DRAIJN BY' TITLE' CITY OF CHULA VISTA CESAR V, MAGBUHAT / MLCM A GRADING RESTORATION & SILT REMOVAL SH 8- 31-99 FOR BONITA LONG CANYON DAM / s-- ~ ATTACHMENT "B" THE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of ":>isclosure of certain ownership or financial interests, payments, or campaign contributions, on all manetS which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. 1ft. ¡- ¿ , . ðaJe-4 I v¿¿C/ ""3-, ,).::- D;"'3<'J'Ív/-d~'Y 5".w"'(~ - 2. If any person. idenûfied pursuant to (t) above is a co¡poration or pa. .tership, list the names of all individuals owning more than 10% of the shares in the co¡poration or owning any pannership interest in the partnership. 3. If aDY person. identified pursuant to (I) above is non-profit organization or a nust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Have you had more than $250 worth of bus~acted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes - No yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this matter. 6. Have you and/or your offi s or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding election period? Yes_No f yes, state which Council members(s): Date; Ii) - / / - c¡q . Et.œm is defined as: "Any indiYidual, firm. co-partnership, joint yenture, association, social club, fraternal organization. corporation. estate, trust. receiyer, syndicate. this and any other counry, city or country, city municipality, district. or other political subdivision. or any a/her group or combinolian acting as a unit. 14 J5~? , ~~-~,~,-~,,-----,-,--,--~~-- COUNCIL AGENDA STATEMENT Item~ Meeting Date 11/30/99 ITEM TITLE: PUBLIC HEARING: TO NOTICE ACCEPTANCE AND APPROPRIATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS. RESOLUTION ACCEPTING $262, 508 FROM THE 1999 LOCAL LAW ENFORCEMENT BLOCK GRANT AND AMENDING THE FY 99-00 POLICE BUDGET TO ADD 3.5 POSITIONS AND APPROPRIATING $43,882 FOR SALARIES AND BENEFITS, AND $15,508 FOR SERVICES AND SUPPLIESIEQUIPMENT, $42,750 FOR PURCHASE OF A SWAT VAN AND PRISONER TRANSPORT VEHICLE AND $10,000 TO SUPPORT THE SOUTH BAY DRUG COURT AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVING RESULTING FROM THE COMPETITIVE PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES. RESOLUTION APPROPRIATING $26,250 FROM ASSET SEIZURE FUND TO MEET THE LOCAL MATCH REQUIREMENT, TO BE USED FOR PURCHASE OF THE SWAT VAN. SUBMITTED BY: Chief of POIiC~ REVIEW BY: City Manager fo li,,))I" (4/5ths Vote: YesL No-> The Police Department has recently received notice of a 1999 Local Law Enforcement Block Grant (LLEBG) Award in the amount of $262,508 from the Bureau of Justice Assistance (BJA). These funds were allocated to the Police Department based on a three-year average Part I Violent Crimes. Part I Violent Crimes are murder and non- negligent manslaughters, forcible rape, robbery, and aggravated assault as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Local Law Enforcement Block Grant. RECOMMENDATION: That the Council accept the $262,508 in Local Law Enforcement Block Grant funds and amend the FY 99/00 Police budget as follows: 1. Appropriate $43,882 from the Local Law Enforcement Block Grant for salaries and benefits, $15,508 for services and supplieslequipment, $42,750 for purchase of a SWAT van and prisoner transport vehicle. 2. Appropriate $10,000 from the Local Law Enforcement Block Grant to support the South Bay Drug Court. /~-j PAGE 2, ITEM- Meeting Date 11/30/99 3. Appropriate $26,250 from the Asset Seizure Fund for the local match requirement, to be used for purchase of the SWAT van. BOARDS/COMMISSIONS RECOMMENDATION: The Local Law Enforcement Block Grant requires a local advisory board approval of the use of funds prior to disbursement. A local advisory board consisting of the specific composition required by the grant was set up to review the grant application. The local advisory board recommends approval of the Local Law Enforcement Block Grant disbursements as proposed. The local advisory board is comprised of one representative from the following agencies: Local Law Enforcement Agency - Richard P. Emerson Prosecutor's Office - Dave Greenberg Court System - Judge Jesus Rodriguez School System - Lowell Billings Non Profit - Pam Smith BACKGROUND: The Omnibus Fiscal Year 1997 Appropriation Act, Public Law 104-208 provides for funding under the Local Law Enforcement Block Grant Program, established within the Bureau of Justice Assistance (BJA) to local law enforcement agencies. The City of Chula Vista is eligible to receive an award of $262,508 under this program. Funding may be used for seven purpose areas, which address a wide variety of activities from increasing personnel and equipment resources for local law enforcement to developing and supporting programs to enhance effective criminal justice processes. The program's goal is to provide local jurisdictions with opportunities to reduce crime and improve public safety through the implementation of diverse strategy, hiring, training of additional local law enforcement officers, paying overtime, procuring equipment and establishing or supporting drug courts. Grant Reauirements The $262,508 grant allocation has a 10% ($26,250) local match requirement. Staff is recommending the local match be appropriated from the asset seizure fund. The asset seizure funds will be used to pay for part of the cost to purchase a SWAT van. The LLEBG funds must supplement and not supplant. The funds must be used to reduce crime and improve public safety through activities such as hiring, training, and employing new local law enforcement officers and support staff as well as procuring equipment, and technological advances directly associated with local law enforcement. /~ -;2- Page 3, Item Meeting Date 11/30/99 DISCUSSION: The Police Department and advisory board recommend use of the funds for implementation of Strategic Plan recommendations ($252,508) and appropriation of $10,000 for the South Bay Court. Strategic Plan Recommendation - In the last several years, the City has witnessed growth in the eastern portion of the city. The growth is expected to continue into the next decade. In order to continue providing high service levels to the community, the Police Department has developed a comprehensive Strategic Plan. The plan provides a five-year strategy for meeting key issues confronting the Department. Included are goals, objectives and strategies used to create an implementation plan and guide budgeting, operational, and organizational decisions. Proposed to be paid from the LLEGB funds are 3.5 FTE positions (1 Evidence Technician, .5 Civilian Range Master, 1 Property Clerk, and 1 Live Scan AOA, as well as related services, supplies and equipment. In addition to the proposed positions, purchase of a SWAT van and prisoner transport vehicle is included. A portion of the SWAT van will be paid for from asset seizure. This will also satisfy the local match requirement. The prisoner transport vehicle is proposed to be partially paid for from LLEBG, (51.5%) and DIF, (48.5%). The total FY 99-00 cost of these positions and related equipment is $59,389. The following is a summary of the proposed Strategic Plan expenditures: Crime Lab - Staffing (Evidence Technician and Property Clerk Crime scene investigation, fingerprint analysis, and the collection and interpretation of physical evidence is provided by the forensic experts on staff in the Crime Lab. Lab personnel are also responsible for receiving, retaining, releasing and disposing of all property submitted to Crime Lab custody. The workload of the Crime Lab has continued to increase despite the decrease in reported crime. Improved crime scene investigation by field personnel, an increase in the volume of property seized, and advances in forensic science which allow for a more thorough examination of crime scene evidence, contribute to the growing demand for Crime Lab services. The Lab has traditionally supplemented full-time staff with hourly part-time staff. In order to maintain the high level of Crime Lab service and meet increased workload demands, resulting from increased patrol staffing and City growth, the Department is proposing the addition of an Evidence Technician and a Property Control Clerk. /¿-3 PAGE 4, Item Meeting Date 11/30/99 Part-Time Civilian Ranqe Master Seven sworn range masters on an overtime basis currently manage the police firearms range. They perform range duties in addition to working full time Patrol or Investigative assignments. Range duties include overseeing quarterly qualification, supervising open range, facility maintenance and repair, and training. In 1997 and 1998, range personnel provided hours of service equivalent to 1 FTE position. Increased time will be required to manage the range as a result of increased patrol staffing and the standardization of police duty weapons. The Department is therefore proposing a civilian Part-Time Range Master position to manage the firearms range. The position is proposed to be increased to full time in the second year of the Strategic Plan if warranted. Administrative Office Assistant - Live Scan The Department is installing Live Scan fingerprint technology. Initial estimates on the demand for use of this technology are significant. Several service contracts are in the process of being developed DMV, City of Imperial Beach, Sweetwater High School District). The Department proposes a full-time AOA III, in addition to the Police Cadets trained on Live Scan, to coordinate the service. The AOA III position proposed is to be funded by revenue received from Live Scan fees. Related Services and SUDDlies/Eauipment A total of $15,508 is recommended to be appropriated to pay for training, services and supplies and equipment related to the proposed positions. SWAT & Prisoner Transport Vehicle Included in the Strategic Plan recommendations is the purchase of a SWAT van and prisoner transport vehicle. The SWAT van is proposed to be paid from LLEBG and asset seizure. The prisoner transport vehicle is proposed to be paid for from LLEBG (51.5%) and DIF (48.5%). Staff will return to Council to appropriate the DIF's share after an RFP is released and bids have been accepted. South Bav Drua Court - $10,000 Staff is recommending the appropriation of $10,000 for the purpose of funding the South Bay Drug Court. This program provides intense follow-up monitoring and assistance to those who qualify for other than standard incarceration. The program exists in other parts of the County and is being implemented in South Bay as well. Monies would be used for those arrestees from our City who qualify for this highly structured program. Success rates in other programs indicate that this has a positive effect to our community. /~-i --,----,--~,---,,-,----,-,---------,,---~----------- PAGE 5, Item Meeting Date 11/30/99 FISCAL IMPACT: The first year's salary and benefit plus equipment costs including purchase of a SWAT van and prisoner transport vehicle are proposed to be paid for by the LLEBG allocation ($150,440). The remaining funds will be budgeted in FY 00-01 for salaries and benefits. These costs will be phased in over the next two fiscal years to allow for sufficient resources to be developed to minimize the impact to the General Fund. A one-time allocation ($10,000) will be used to support the South Bay Drug Court. The one-time local match requirement of 10% ($26,250) will be paid for from asset seizure. There is no net impact to the general fund for salaries and benefits, related equipment, Prisoner Transport Vehicle and SWAT Van in Years 1 & 2. Beginning FY 01-02 the general fund will begin partial payment of costs for these positions, as illustrated in the following chart: Year 1 Year 2 Year 3 Year 4 Year 5 FY 99 - 00 FY 00 - 01 FY 01 - 02 FY 02 - 03 FY 03 - 04 EXPENDITURES Personnel $43,882 $117,183 $117,183 $117,183 $117,183 Related Equipment 15,508 0 0 0 0 Prisoner Transport 45,000 0 0 0 0 SWAT Van 46,050 0 0 0 0 South Bay Drug Court 10,000 0 0 0 0 SUBTOTAL $160,440 $117,183 $117,183 $117,183 $117,183 REVENUES Grant $112,140 $150,369 $0 $0 $0 Other Funds 48,300 0 0 0 Program Revenue 0 36,940 36,940 36,940 36,940 SUBTOTAL $160,440 $187,309 $36,940 $36,940 $36,940 NET GENERAL FUND $0 $(70,126) $80,243 $80,243 $80,243 COST A;\LLEBGF2.DOC .--- /~~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $262,508 FROM THE 1999 LOCAL LAW ENFORCEMENT BLOCK GRANT FUND AND AMENDING THE FY 99/00 POLICE BUDGET TO ADD 3.5 POSITIONS AND APPROPRIATING $43,882 FOR SALARIES AND BENEFITS, AND $15,508 FOR SERVICES AND SUPPLIESIEQUIPMENT, $42,750 FOR PURCHASE OF A SWAT VAN AND PRISONER TRANSPORT VEHICLE AND $10,000 TO SUPPORT THE SOUTH BAY DRUG COURT AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVING RESULTING FROM THE COMPETETIVE PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES; AND APPROPRIATING $26,250 FROM THE ASSET SEIZURE FUND FOR THE LOCAL MATCH REQUIREMENT, TO BE USED FOR PURCHASE OF A SWAT VAN. WHEREAS, the FY 99/00 Federal budget appropriates $262,508 to the City of Chula Vista Police Department from the Local Law Enforcement Block Grant Fund; and WHEREAS, these funds were allocated based on a three-year average Part I Violent Crimes for purposes stipulated by the Local Law Enforcement Block Grant Program; and WHEREAS, the City Council held a public hearing on November 16, 1999 to notice use of LLEBG funding to pay for Strategic Plan recommendations in the amount of $252,508 and support of the South Bay Drug Court; and WHEREAS, the FY 99-00 Police budget will be amended to add 3.5 positions and $43,882 for salaries and benefits, $15,508 for services and supplies, $42,750 for purchase of a SWAT van and prisoner transport vehicle; and /¿---¿., WHEREAS, a portion of a SWAT van purchase is proposed to be paid for from LLEBG. WHEREAS, $26,250 will be appropriated from asset seizure for the 10% local match requirement to be used for purchase of the SWAT van, WHEREAS, if savings result from the competitive procurement for the 1999 Federal appropriation per Local Law Enforcement Block Grant, it is recommended that the Chief of Police be authorized to utilize savings for additional unspecified officer safety equipment and supplies. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $262,508 for Local Law Enforcement from the Federal budget to pay for police personnel and related equipment recommended by the Strategic Plan. Presented by Approved as to form by ""ßf¿ê L ~~þ' Chief of Police City Attorney AILLEBGRe2.DOC I¿-? COUNCIL AGENDA STATEMENT Item-.L2 Meeting Date 11/30/99 ITEM TITLE: PUBLIC HEARING: TO NOTICE USE OF FY 99/00 STATE COPS FUNDING PER CITIZENS' OPTION FOR PUBLIC SAFETY FOR LOCAL LAW ENFORCEMENT SERVICES. RESOLUTION ACCEPTING $370,617.71 FROM STATE COPS FOR LOCAL LAW ENFORCEMENT TO IMPLEMENT RECOMMENDATIONS OF THE STRATEGIC PLAN AND AMENDING THE FY 99-00 BUDGET TO ADD 6.5 POSITIONS, AND APPROPRIATE $136,238 SALARIES AND BENEFITS AND $70,561 FOR OVERTIME, TRAINING, EQUIPMENT, AND VEHICLE AND DIRECTING STAFF TO BUDGET THE REMAINING FUNDS AS STIPULATED BY THE GRANT IN SUBSEQUENT YEARS AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES. SUBMITTED BY: Chief of POllœ~ REVIEW BY: City Manager 1~v(IJ (4/5ths Vote: Yesl No_) The FY 99/00 State budget was adopted appropriating $370,617.71 to the City of Chula Vista Police Department. State money is allocated to police departments for purposes stipulated by the Citizens' Option for Public Safety (COPS) program. The Police Department proposes to use the funds to implement recommendations of the Strategic Plan. RECOMMENDATION: 1) That Council hold a public hearing to notice use of COPS funding to pay for police services; 2) that Council adopt the Resolution accepting $370,617.71 from the State budget for implementation of Strategic Plan initiatives; 3) that Council amend the FY 99/00 Police budget to add 6.5 positions and appropriate $136,238 for salaries and benefits, and $70,561 for overtime, training, equipment, and a vehicle; 4) directing staff to budget the remaining funds as stipulated by the grant in subsequent years and 5) that Council authorize the Chief of Police to reprogram savings resulting from the equipment procurement process for additional officer safety equipment and resources. /7-' / Page 2, Item- Meeting Date 11/30/99 BOARDS/COMMISSIONS RECOMMENDATION: The State appropriation requires a Regional Oversight Committee's approval of the funds prior to disbursement. In an Oversight Committee was established in San Diego County. The Committee recommends approval of the state local law enforcement funds as proposed. The San Diego County Oversight Committee is comprised as follows: Municipal Police Chief - Richard P. Emerson County Sheriff - William Kolender District Attorney - Paul Pfingst County Administrative Office - Walt Eckard City Manager - James Bowersox, poway BACKGROUND: During FY 96/97 the State appropriated funds for local law enforcement services per AB 3229, Chapter 134 statutes of 1996. In accordance with this legislation, the State has appropriated funds annually to local law enforcement agencies since FY 96/97. The City of Chula Vista's proportionate share of these funds for FY 99 is $370,617.71. These funds are to be deposited in the City's Supplemental Law Enforcement Fund (SLESF) and used for law enforcement personnel and equipment needs as prescribed by the original legislation (AB 3229). Use of these funds must supplement and not supplant. These funds have a twenty-five (25%) percent in-kind contribution requirement. In kind funds will be staff's time associated with procurement, automation, hiring and training of sworn and civilian personnel. The allocation of future funds is subject to annual State budget deliberations. DISCUSSION: The Police Department recommends that the City Council accept the State allocation and approve use of the funds for personnel and equipment costs related to the expansion of the police services as stipulated by the Citizens' Option for Public Safety (COPS) program. Strategic Plan Recommendation - The City of Chula Vista is a rapidly growing community in San Diego County. In the last several years, the City has witnessed growth in the eastern portion of the City. The growth is expected to continue into the next decade. In order to continue to provide quality service to the community, the Police Department has undertaken a comprehensive strategic planning project. The plan provides a five-year strategy for meeting key issues confronting the Department. Included are goals, objectives and an implementation plan to guide budgeting, operational, and organizational decisions. /7~02 Page 3, Item Meeting Date 11/30/99 Several positions, overtime, training and related equipment are proposed to be paid for from 1999 State COPS funds. These positions include the following: . 1.0 Facility Sergeant - The Department recognizes the insufficiencies of the current police facility in accommodating Department employees and the community services the Department strives to provide. A dedicated police Facility Sergeant is needed to ensure the future facility properly accommodates the growing Police Department staff, providing officers and employees with the needed space to work while enhancing ties to the community. The Facility Sergeant will coordinate a facility project team, identify technology and community outreach design requirements, educate the City and the community on the project, conduct a thorough space needs assessment, assess facility options, and ensure that Department strategic initiates are factors influencing architectural design of the facility. . Information Technology (IT) Unit 1.0 IT Coordinator, 1.0 Radio/Computer Technician - The effective application of technology, and technology planning, is becoming increasingly important for law enforcement. An IT Coordinator position is needed to develop an Information Technology Plan, coordinate the Department "efforts to evaluate and prioritize technology requirements, interface and enhance existing technologies (Computer Aided Dispatch, Mobile Computer terminals, etc.), seek technology grant funding and coordinate the Department" participation in regional technology efforts. A Radio/Computer Technician is proposed to maintain existing vehicle computerlradio equipment and other law enforcement equipment (GPS, Vehicle cameras, etc.) to be purchased in the future. Department and City growth warrant that Department in-house specialists manage, maintain and plan for Department related technology applications. . 1.0 Background Agent -The number of employees and volunteers has continued to increase within the Department. The workload created by the total number of sworn current and anticipated vacancies, as well as proposed new positions, warrants the need for an additional Background Agent. The addition of an Agent would expedite the recruitment, hiring and background checks of the proposed staff in the Strategic Plan. Additionally, this position would also support the Unit in development of a training program. . 1.0 Admin. Secretary - The current Department organizational chart shows one Secretary assigned to Administrative Services (Backgrounds). In actuality, the Secretary is shared with Police Administration (75% Police Admin I 25% Admin Services). Police Administration is composed of the Chief, Assistant Chief, two Captains and an Administrative Services Manager. The high volume of administrative paperwork has led to an increase use of the background secretary. As a result, the Background Agent currently performs clerical tasks. /7-) Page 4, Item Meeting Date 11/30/99 . PayrolllFiscal OPS Office Assistant - Based on the proposed staffing increases, it is recommended that the part-time hourly position assigned to Payroll be transitioned to a permanent position to assist both payroll and provide part-time clerical support to the Research and Development Unit. Workload indicators, Strategic Plan initiatives, as well as the confidential nature of the assignment, warrant this staffing change. . .5 Narcotics Secretary - The Narcotics Enforcement Team (NET) is responsible for the identification and apprehension of street and mid-level narcotics dealers in Chula Vista. Because narcotics activity in Chula Vista is influenced by the City's proximity to the U.S./Mexican border, NET members actively participate in a number of multi-agency task forces. The narcotics secretary is needed to prepare unit reports, track information and maintain files. Related overtime ($2,875), training ($4,250), services and supplies ($4,350), equipment ($32,300), and a vehicle ($26,787) are proposed to be paid for from State COPS funds. Equipment includes computers, a voice stress analyzer and furniture. FISCAL IMPACT: Acceptance of the State COPS funds would make $370,617.71 available for local law enforcement needs. These funds are proposed to be used for implementation of strategic plan recommendations. These include the salary and benefits associated with the 6.5 positions and funds for overtime, training, equipment and purchase of a vehicle. The first year's cost of these positions is anticipated to be paid for from the 1999 State COPS funds. The second year's cost is proposed to be paid for by both COPS Grant Funds and program revenue. Subsequent year annual costs of $358,371 are proposed to be paid for by program revenue and the General Fund. A total of $270,270 in program revenue and will partially offset the ongoing annual costs associated with these positions. Additionally staff anticipates that there will also be staff reimbursements associated with the Facility Sergeant. State COPS funds have a 25% in-kind contribution requirement. The in-kind contribution will be staff's time associated with automation, hiring and training of additional sworn and civilian personnel. Consistent with grant requirements, the funds are recommended to be used to supplement local law enforcement and nQt supplant. /7/1 Page 5, Item Meeting Date 11 130/99 Year 1 Year 2 Year 3 Year 4 Year 5 FY 99 - 00 FY 00 - 01 FY 01 - 02 FY 02 - 03 FY 03 - 04 EXPENDITURES Personnel $136,238 $358,371 $358,371 $358,371 $358,371 Related Equipment 70,561 0 0 0 0 SUBTOTAL $206,799 $358,371 $358,371 $358,371 $358,371 REVENUES Grant $206,799 $163,819 $0 $0 $0 Program Revenue 0 270,270 270,270 270,270 270,270 SUBTOTAL $206,799 $434,089 $270,270 $270,270 $270,270 NET GENERAL FUND $0 $(75,718) $88,101 $88,101 $88,101 COST A:/PSFLLES.2 )7~~ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $370,617.71 FROM STATE COPS FOR LOCAL LAW ENFORCEMENT TO IMPLEMENT RECOMMENDATIONS OF THE STRATEGIC PLAN AND AMENDING THE FY 99-00 POLICE BUDGET TO ADD 6.5 POSITIONS, AND APPROPRIATE $136,238 FOR SALARIES AND BENEFITS AND $70,561 FOR OVERTIME, TRAINING, EQUIPMENT AND A VEHICLE AND DIRECTING STAFF TO BUDGET THE REMAINING FUNDS AS STIPULATED BY THE GRANT IN SUBSEQUENT YEARS AND AUTHORIZING THE CHIEF OF POLICE TO UTILIZE (REPROGRAM) SAVINGS RESULTING FROM THE EQUIPMENT PROCUREMENT PROCESS FOR ADDITIONAL UNSPECIFIED OFFICER SAFETY EQUIPMENT AND SUPPLIES WHEREAS, the FY 99/00 State budget was adopted appropriating $370,617.71 to the City of Chula Vista Police Department; and WHEREAS, said bill allocates State money to police departments for purposes stipulated by the Citizens' Option for Public Safety (COPS) program; and WHEREAS, the City Council held a public hearing on November 16, 1999 to notice use of COPS funding to pay for police services; and WHEREAS, $136,238 will be used to pay for the salaries and benefits of 6.5 positions and $70,561 for overtime, training, equipment, and a vehicle; and WHEREAS, the remaining funds will be used to pay salaries and benefits in subsequent years; and WHEREAS, if savings result from the competitive procurement for the 1999 State COPS, it is recommended that the Chief of Police be authorized to utilize savings for additional unspecified officer safety equipment and supplies. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept $370.617.71 State COPS funds for local law enforcement to implement Strategic Plan recommendations. Pf11J PE- Richard P. Emerson Chief of Police Ao/RESPSF.DOC /7-'~ '" declare under penalt,! of ! am employed by ":"O or Ghu!avis,u in the NOTICE OF CONTINUANCE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Public Hearing scheduled for Tuesday, November 30, 1999, to consider: PLACEMENT OF FOUR MONUMENT SIGNS WITHIN A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST lOR" STREET AT THE RANCHO DEL REY BUSINESS/COMMERCIAL CENTER, AND PLACEMENT OF DIRECTIONAL SIGNS WITHIN THE CENTER was continued. The hearing has been rescheduled for Tuesday, January 18,2000, at 6:00 p,m. in the City Council Chambers located in the Public Services Building, 276 Fourth Avenue, Chula Vista, CA. J~ ßo~ Donna Norris Confidential Administrative Secretary Dated: December 15, 1999 ----,._-,--------,,-------------,--- @ COUNCIL AGENDA STATEMENT Item~ Meeting Date 11/30/99 ITEM TITLE: Public Hearing: PCM-00-Q6, Consideration of an amendment to the Rancho del Rey Sectional Planning Area I Guidelines in order to allow the placement of four monument signs within a public open space area situated along East H Street, and place directional signs within the Rancho del Rey Business/Commercial Center. Resolution of the ChuIa Vista City Council amending the Rancho del Rey Sectional Planning Area (SPA) I Design Guidelines, in order to allow the placement of monument signs within a public open space area situated along East H Street at the Rancho del Rey Business/Commercial Center, and place directional signs within the Center. SUBMITTED BY: Director of Planning and BUilding~¿ REVIEWED BY: City Manager (4/5ths Vote: Yes_No.l9 The City of Chula Vista has been working for the past several months with the management of the Rancho del Rey Business/Commercial Center toward the creation of a sign program. Tenants of the Center feel that their businesses are not visible from East H Street, and that signage situated along this street is necessary in order to attract customers. The applicants are proposing to place four monument signs along East H Street. They are also requesting that new directional signs be allowed within the center in order to facilitate vehicular circulation and parking. The proposed signage requires the modification of the Rancho del Rey SPA I Design Guidelines. The Environmental Review Coordinator has concluded that the project is categorically exempt from the California Environmental Quality Act as a Classll (a) exemption. RECOMMENDATION: That the City Council approve the attached resolution modifying the Rancho del Rey SPA I Design Guidelines to allow the placement of monument signs within the public open space easement along East H Street, and directional signs within the Rancho del Rey Business/Commercial Center. BOARDS/COMMISSIONS RECOMMENDATIONS: The subject sign program requires the review of both the Design Review Committee and the Planning Commission. The DRC's role in the review of the sign program is to analyze aesthetic and design issues associated with the proposed signage. The Planning Commission's role is to /~/I -,---,-,~'~~- Page 2, Item No: Meeting Date: 11/30/99 determine whether/how to modify applicable regulations in order to allow the additional signage proposed. The Design Review Committee reviewed the proposed sign program at its meetings of October 18, 1999 and November I, 1999. The DRC conditionally approved the sign program on November 1, 1999. The DRC approved all proposed signage with the exception of a proposed movie marquee sign to be placed along East H Street (please refer to Attachment "A"). The DRC found that the proposed movie marquee sign was inconsistent with the City of Chula Vista Design Guidelines. The DRC stated that the Regal Theatre already maintains a marquee sign, and had the option of placing their name and logo on the new monument signs. Staff had raised similar concerns regarding this sign in the DRC (and Planning Commission) staff report for the sign program. The DRC approved all proposed monument signs at its November I, 1999 meeting with the exception of the proposed movie marquee. Directional signs to be placed within the Center were approved at the DRC meeting of October 18, 1999. The Planning Commission recommended approval of the proposed modifications to the Rancho del Rey SPA I Plan at its meeting of November 3, 1999. The modifications to the SPA Plan were proposed in order to allow the newly proposed signage. The Planning Commission included language within the SPA amendment allowing the placement of a movie marquee sign along East H Street. At that meeting, Planning Commissioners raised concerns regarding the preservation of vegetation near the signs. Staff assured the Commission that those issues had been addressed in the conditions of approval placed on the DRC application. The Commission also expressed the desire that the applicant consider placing copy on the signs acknowledging that the Rancho del Rey BusinesslCommercial Center is within the City of Chula Vista (PC minutes will be available at the City Council meeting of November 23, 1999). DISCUSSION: The project site is the Rancho Del Rey Business/Commercial Center located on East H Street. The project setting is a terraced land area of approximately 85 acres consisting of developed parcels that stairstep down from east to west. Rice Canyon borders the site to the north. A Scenic Roadway and open space area (East H Street) abut the site at the south. The Center accommodates several major retail establishments including Home Depot, Price Club, Kmart, Petco and Jeromes Furniture. Uses surrounding the Center are primarily residential in nature. The BusinesslCommercial Center is accessed via three primary entries that intersect with East H Street. East H Street is designated as a Scenic Roadway within the Chula Vista General Plan. It is characterized by varying slopes and landscaping, creating a scenic open space buffer between the street and surrounding development. City-owned open space parcels abut East H Street in the area of the Center. Trees and other significant landscaping are maintained within the open space parcels. )~/cJ Page 3, Item No: Meeting Date: 11/30/99 The Rancho del Rey BusinesslCommercial Center was originally created as an employment park in 1985. The Center was designed to provide employment opportunities to area residents in an unobtrusive setting surrounded by open space. Due to slow development of the center and market demand for large-scale retailers, however, the Rancho Del Rey SPA Plan was modified to allow commercial enterprises in 1992. Since 1992, the majority of the Center has been utilized for retaillcommercial purposes. The management of the Center has stated that because the Rancho del Rey BusinesslCommercial Center was not originally designed for commercial purposes, the layout of the development presents significant constraints to businesses operating there. Specifically, the open space area along East H Street partially screens this development from passing traffic, and creates a perceived visibility problem for retail establishments within the Center. Because East H Street is a designated Scenic Roadway, signage in front of the Center has been restricted to entry wall signs that only identify the center and not the businesses within. Retailers within the Center have stated that the lack of visibility of their stores has had a substantial adverse impact upon their sales volume. In order to remain competitive and have viable businesses, retailers within the Center believe that signage fronting East H Street is essential. The City of Chula Vista has been working with an owner of the Rancho del Rey Business/Commercial Center (C.W. Clark) toward the creation of a sign program to address these concerns. The owner's sign company has recently submitted a completed sign program package. Staff is now expediting the review process for the proposed slgnage. Pro Dosed Sil!:nal!:e: The applicant is seeking approval of a SPA amendment in order to place four monument signs along East H Street, as well as directional signs within the Center. One monument sign would be located at each of the three major street entries (signalized) to the Center located off of East H Street. The fourth monument sign would also be located along East H Street and would be used as a movie marquee for the Regal Theaters. Directional signs would be placed within the Center in order to facilitate vehicular circulation and parking. Monument signs proposed for the entrances to the Center located at Tierra del Rey and Paseo del Rey would replace the existing monument/wall signs located on the eastern corners of each of these intersections. The existing walllmonument signs located at the western corners of the intersections of Tierra del Rey and Paseo del Rey would remain in place. The third entryway monument sign would be placed on the eastern corner of the intersection of Avila Way and Tierra del Rey where there is no existing signage. The three entryway monument signs would measure 9 feet in height by 8 feet in width. These signs would be ground mounted and would consist of an aluminum framed structure with a tan-colored stucco finish. Sign materials would consist of acrylic panels with vinyl cutout lettering. The sign background would be tan in color to match the /X~ Page 4, Item No: Meeting Date: 11130/99 frame structure. The proposed monument signs would be internally illuminated with high output fluorescent lighting. The proposed movie marquee sign would be 7.5 feet in height and 8 feet in width. The proposed directional signs would also consist of aluminum framed structures with a tan-colored stucco finish, and would be approximately four feet in height. The directional signs would be ground lit. ANALYSIS: The placement of monument signs along East H Street, as well as the directional signs within the Center, requires amendment of the Rancho del Rey Sectional Planning Area I (SPA) Design Guidelines. The Design Guidelines specify the signage allowed at the Rancho del Rey Business/Commercial Center. The language of the Design Guidelines would be modified as shown in the Planning Commission and City Council resolutions in Attachments "B" and "C." Modifications to the existing sign guidelines have been made in order to add clarification regarding allowable signage. Language pertaining to signs that will not be constructed has been removed from the guidelines. Language that clarifies the particular types of signs allowed has also been added. The manager of the Center has reviewed the proposed modifications, and is in favor of the proposed changes. The Planning Commission reviewed and approved the modified SPA language as shown in Attachment "B" at its November 3rd meeting. As stated above, East H Street is designated as a Scenic Roadway in the Chula Vista General Plan. The Zoning Ordinance requires that Sectional Planning Area Plans be consistent with the General Plan. Section 8 of the Land Use Element of the General Plan addresses Scenic Roadways and includes the following language: Along scenic highway and roads the use of large scale advertising signs, tall pole signs or billboards should be prohibited and existing signs of this type eliminated. Advertising or identification signs should be of high quality materials and graphics, large enough to clearly identifY or convey information but not of a size, color or lighting so as to be obtrusive or out of character with the scale or design of the building, roadway or general neighborhood. The monument signs that would be allowed along East H Street by approval of this SPA amendment would actually contain less square footage than the existing wall signs located at the entrances to the Center which would be replaced. The proposed monument signs would serve to identify businesses within the Rancho del Rey Business/Commercial Center and would have high quality design and materials. The proposed monument signs would not be of a size or character that is obtrusive or out of scale with the surrounding area. For these reasons, staff believes that the proposed monument signs are consistent with the City of Chula Vista General Plan. /?-r ------"-... Page 5, Item No: Meeting Date: 11/30/99 Should the City Council approve the proposed modifications, staff will work with the project sign company toward formatting the modified text (and graphics) to fit into the SPA Guidelines. CONCLUSION: Both the tenants and management of the Rancho del Business/Commercial Center believe that the Center suffers from a significant lack of visibility to motorists traveling on East H Street. Business owners believe that monument signs with the names of their establishments placed at the entrances to the Center will result in increased sales volume. The City has been working with the Rancho del Rey Business Center toward the creation of a sign program that meets the need for visibility on the part of businesses within the Center, as well as the aesthetic and safety needs of the surrounding community. The sign proposal has been reviewed by the City Traffic Engineer and found to meet applicable traffic safety criteria. Staff understands the need of businesses within the Center to have increased visibility and has worked with the applicant toward a mutually agreeable solution for entryway monument and directional signage. Staff believes that the proposed entryway monument signs are appropriate because they will help to facilitate the success of businesses within the Center and not adversely impact surrounding land uses or the open space environment of East H Street. The proposed directional signs should help to facilitate vehicular access and parking within the Center. As stated previously, the Design Review Committee approved all of the proposed signage except for the movie marquee sign to be placed along East H Street. In their review of the Rancho del Rey SPA Plan modification, however, the Planning Commission approved language allowing the placement of a movie marquee sign along East H Street. The draft City Council Resolution in Attachment "C" reflects the Planning Commission's direction in support of allowing the movie marquee sign. Prior to the placement of a movie marquee sign along East H Street, the applicant will be required to obtain DRC approval of this sign's design (colors, materials, copy, etc.). FISCAL IMP ACT: Applicant has paid all processing fees. A TT ACHMENTS: Attachment "A" - DRC Action Reports/Minutes Attachment "B"- Planning Commission Resolution Attachment "C" - Draft City Council Resolution Attachment "D" - Letter from tenant H 0 H 0 ME: I p lannin g/ s tev expl pem 0 0O6eerpt /ð~ RESOLUTION NO,- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) DESIGN GUIDELINES, IN ORDER TO ALLOW THE PLACEMENT OF FOUR MONUMENT SIGNS WITHIN A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST H STREET AT THE RANCHO DEL REY BUSINESS/COMMERCIAL CENTER, AND PLACE DIRECTIONAL SIGNS WITHIN THE CENTER WHEREAS, a duly verified application for an amendment to the Rancho del Rey Sectional Planning Area [ (SPA) Design Guidelines was filed with the Planning Department of the City of Chula Vista on September 29, 1999 by c.W, Clark and Motivational Systems [nc; and, WHEREAS, said application requests an amendment to the Rancho del Rey SPA [ Design Guidelines in order to allow the placement of four monument signs within a public open space area situated along East H Street at the Rancho del Rey Business/Commercial center, and place directional signs within the center; and, WHEREAS, East H Street is designated as a scenic roadway within the General Plan; and WHEREAS, the amendments to the Design Guidelines are consistent with the General Plan regarding the placing of advertising along scenic roadways; and WHEREAS, staff has recommended, and the applicant has agreed to, certain additional amendments to support and clarify the requested amendment to the Rancho del Rey SPA [ Design Guidelines; and, WHEREAS, the Environmental Review Coordinator has detennined the project is exempt from environmental review under CEQA Class 1 exemption; and, WHEREAS, the City Council set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely November 23, 1999 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT from the facts presented at the hearing, the City Council amends the Rancho del Rey Sectional Planning Area [ (SPA) Design Guidelines, in order to allow the placement of four monument signs within a public open space area situated along East H Street at the Rancho del Rey Business/Commercial Center, and place directional signs within the Center, as shown in Attachment "A." Presented by Approved as to fonn by Robert A. Leiter Director of Planning and Building H: Isharedla ttom eylpcmOO06, ceres. doc /~-? ATTACHMENT "A" Commercial Center Guidelines (C) The Chula Vista General Plan identifies East "H" street as a scenic highway. This designation requires that special consideration be given to the impact of new development on the scenic quality of the viewshed from the road. A primary goal of these guidelines for the Commercial Center is to continue to maintain the scenic quality of East "H" Street while integrating the needs of major retail uses into the Rancho del Rey Community. ¡¡ Because of the importance of the continuity of the scenic corridor, the Commercial Center plan and zoning regulations have restricted the exposure of signs and advertising to East "H" Street. Signs directed to traffic on East "H" Street are to be limited to the existing Community Entry Monument (wall) Signs, one Commercial Center Monument Si!¡:n at each Qf the three major street/entry intersections which provide access to the site, one Movie Marquee Sign, and building mounted signs. ¡¡ Other than the specified signs, the East "H" Street streetscape shall be comprised primarily of the installed streetscape landscaping, hardscaping and architectural features of buildings located near the street right-of-way. Views of parking and retailer facilities should be filtered and gradually reduced as streetscape vegetation matures. The sketches on the following page illustrate typical landscaping/berming adjacent to parking areas and a typical building relationship to the street edge. Iff -- 7 Commercial Center Silpl Guidelines (C) The following major sign types are anticipated for identification of the Commercial Center (sign locations are shown on Page 61-A): 0 Community Monument/Business Center Signs: These are existing wall signs located at the intersections of East "H" Street with Tierra del Rey and Paseo del Rey. They identify the Rancho del Rey Community and Business Center entries, and reflect the community design themes. TheDe may 13e relocated or modified to idcntif). the BoHuRcfcial Benter uses. 0 Commercial Center Identifieation Monument Signs; One Commercial Center Monument Silpl will be permitted at each of the three street entries These Digns will 13e permitted at the Bemmercial Benter entry off QiEast "H" Street aRd at ether public street entries. These signs are to be an "architectural element" in the style and character of the center and must be carefully designed to integrate with the existing Community Monument/Business Center signs and the scenic character of the roadway edge. These signs will maintain a maximum height of 9 feet (inclusive of sign structure) as measured from the top of the sign to the adiacent grade below the sign. Maximum sign width (inclusive of sign structure) of these signs will be 8 feet. 0- CoIRIReroial Center Identifieation Signs mHst 8e grellild melffited aRd may iÐclHde aReher t8flaRts' mane aRd lege. The entire sign struetlMe shall Rot exceed á feet in height, as measHred Hem adjacent grade. The sign shall 8e placed on the pri'/ate lot ":ithin a landsca¡3ed area adjaeent te a street. 0 Marquee Sign - One movie Marquee Sign will be permitted south of the intersection of East "H" Street and Tierra del Rey. This sign will be an "architectural element" in the style and character of the center and must be carefully designed to inte¡¡rate with the existing CommunitY Monument/Business Center signs and the scenic character of the roadway edge. This sign will maintain a maximum heil¡-ht of 7 feet six inches (inclusive of sign structure) as measured from the top of the sign to the adiacent ¡¡rade below the sign. Maximum sign width (inclusive of sign structure) will be 8 feet. J!f/g All major signs within the Commercial Center shall be consistent with a sign program approved by the Design Review Committee. The following standards shall be applied to all signs within the Commercial Center: (C) Q- One enk)" menHiRent sign is ]3eIffiitted fer eaeh majer retailef/eommereial ¡miMing pad witmn t-he eooter. Taese signs shall Be a design whieh is eensistent '.'.'ita the arohiteetHfal style and sharaeter ef tRe eenter. Maximum dimensieRs are 4 feet aigh (aÞeye [IRish gFade) BY 7 feet leng. 0 Building mounted identifioation signs are permitted, one per principal building elevation facing a public street up to a maximum of two per building. These signs should be located near the top of the building fascia or on a flat wall (see also sketches under Employment Park signs for placement guidance). 0 Building mounted identification sign area shall not exceed one square foot of sign for each linear foot of building frontage facing the street to a maximum of one hundred (ISO) square feet per sign. The number of sings per building may be increased to four and/or the total sign area per building may be increased with specific approval by the Design Review Committee. Any sign over 200 square-feet shall be integrated with and in proportion to the building elevation on which it is located. The following finding shall be required by the Design Review Committee to allow additional sign area for larger retail buildings: - The sign is in harmonious proportions with the building background. - The sign design blends well with the building architecture and its design merits special consideration. 0 Building mounted signs shall be internally illuminated or not illuminated and utilize "cut out" or "channel" type lettering. 0 Secondary wall signs are permitted, one for each department (i.e., garden shop, auto center, etc.). Maximum area for each of these signs shall be twenty (20) square feet. These signs shall be internally illuminated or non-illuminated. 0 Commercial center directional signs (i.e., "enter", "exit", "customer pick-up", "employee parking", "delivery", etc.) are permitted, with a maximum area of four (4) square-feet per sIgn. 0 Secondary directional signs (i.e.. "<-Home Depot" "ÎJeromes" are permitted with a maximum area of 18 square-feet per sign. Sign dimensions shall be 4.5 feet in height by 4 feet in width inclusive of sign structure. A total of 4 secondary directional signs in the locations shown on Page 61-A is permitted. 0 Window (any copy inside or outside a window is a sign) may display temporary advertisements for promotional /6/; ::fí/{ Design Re:vi:::w Committee Action Report Oc:tOD!:! 18,1999 Pæ:e 2 "'Drov:i.ded on :both sides en- street. Add #l4: The sides of 3uildincrs 27 29, 30 an 2 shall be enhanced ':-C - sïmilar fashion to the other - .' _diners - Add #15: The landsca-:>e Dlan shall be corrected. V-.,..: (4-0-0-l) with Mestler absen~- -- 3. DRC-99-44 .26 E -e Parkway, EastLake G=s onstruc:t a 296-mrit condomllrium comulex. mcludin!! swimmm!! pool mid 1ot 10t The Dlicant ..-as asked to take tbe DRC comments into co 2de::a-::ion and come back with some,-"ing ,=lse. The DRC also -antsi::Jpu-:: from ¡:he City as -::0 how ¡:hey should approach this p::-oj ,=c-::. The item was continued to -:.he meeting of November l, 2999. -- 4. DRC-OO-19 Rancho del Rey Business C:::nt::-.. East 'H' Sm:e1 AD ¡¡¡mlicatioD for <IDDTOvaJ of a 5Ì!!D mo= aJ1owincr th~ u]a:::=ent of four monum:::nt si= aJon!! East 'F Street as well as åirecrionaJ si= within the exisfu¡£ busiIJess cent!:! MSC (Agu.ilar /Morlon) that the DRC approve Optio::l 1 fo::- c:he directional signage as presented. Vote: (4-0-0-:1) with Mestler absent. MS (Araiza/Morlon) that DRC noc: do '3' Sc:reet sigI'..5. That the DRC propose that directional signs b~ put on a trial period, and, if that helps out the businesses, 'H' Street business signs are not necessary. Vote failed (2-2-0-l) with Aguilar and Alberdi opposed and Mestler absent. MS (Morlon/Araiza) that the - applicant come back with a proposal to use the four existing monument signs with modifications, if necessary. Add a sign of the same character at the Krnart (3A) entrance. Vote: (3-1-0-1) with Aguilar - ,'- - 9Pposed and Mestler absent. M (Aguilar/Araiza for purpose of a vote) to approve the signs . - - - 'on -'H'-,Street- as"submitted-with the elimination of logos -and a change'in~the lettering so that it is the same in character to the inte=al directional signs. Instead of cans, use -----.' --'-~a:ivídual-lettërs.- 'fhat-tne -moviêi- marquee (#6 in the applicants' plan) be eliminated. Motion failed. (.,\I1bIDRCI999\drc I 0 .899actianagd.doc) I ." ATTACHMENT nAn ¿--r ..---G c...' ~ ACTION REPORT DESIGN REVIEW COMMITfEE Chula Vista, California November 1, 1999 Conference Rooms :2 & 3 4:35 p.m. Public Senices Building - - ROLL CALL Chair Aguilar ~, Vice-ClWr Marlon Ì-, Members Araiza E , Mestkr Ì- and Alberdi Ì- INTRODUCTORY REMARKS ORAL COMMUNICATIONS Opporrunity for m=b::rs of the public IO sp'"..aK: IO the Design Review Committee on any subject matrer within the CoIIlIIlitree' s jurisdiction but not an itt:rn on today' s agenda. Each speaker's presentation may not exceed ñve minutes. ACTION ITEMS 1. DRC-OO-19 Rancho del Rey Busmess Cent!:! East 'H' Street An ImPlication for approval of a sÌ!m pro= anowin2 the p]ac=ent of four monument si= alon!! East 'H' Street as wen as directional si£nS within the existin!! business cent::r MSC (Morlon/Mestler) to approve the signs located at 2A, 3A ~~d 5A as presented with internal lighting and logos presented on the can. That the Regal Theatre logo be incorporated into the sign located at SA. That the maximum height of the sign from the lower portion not exceed 9 feet. Vote: (3-0-0-2) with Aguilar and Araiza absent. 2. DRC-99-44 EastLake R-26 EastLake Parkway, EastLake Greens Construct a 296-unit condominium complex. mcJudIDg swimmin!! pool and tot Jot MSC (Morlon/Alberdi) to approve DRC-99-44 with the new elevation and changes in the architecture as presented. Vote: (3-0-0-2) with Aguilar and Araiza absent. (A:~lbIDRC1999\drcl IOI99actianagd.dcx:) ~ , ----.------,--.. --,----------, Design Re:viev: Committee Action R¡:port Novc:mbc:r 1,1999 Page 2 STAFF COMMEJ'.'TS: None. MEMBER COMMENTS: None. .: ADJOURNMEl\'T AT 5 : 56 P. M. to a regularly scheduled meeting on Monday, November 15, 1999, at 4:30 p.m. in Conf!:!ettce Rooms 2 & 3 (.,\1lbIDRCI 999\drcIIO199.agd.doc) 3 ~:~~'~,:,:;¿:¡,,::,;,,:,:",:,~':.:¡.~~:;:::;:¿.:o:,.,::',::,,::":!"?-: ~""':L,:':;":3.";'¡; ,'iX.;:!:,:',:,~;. ,"..,.~'1-::H.Óo,,':d:?:f~~'::;:":"i.';',::"":::,::, 'C'".. "::::;:::.'~::?,.::;~.::if~, Design Review Committee MIDutes - 19 - Octob!:! ] 8. 1999 Sandoval: Well, we can shoot for continue it again. Aguilar. A5 far as we are c cemed, ìfyou can't get all the written staff work out, -- a verbal report would b ust fine. Before you lc:ave, let me just say...] realize - how 1ight you are h But I 1ru1y am concerned about a 1ack of recreational faci1iñes for the d elopment. Th=:are .gomg 10 De .a whole 10t of kids. I hear what you.are sa .. g -about EastLake Bigh Schoo1 mid maybe:that will solve the prob1em. I do how :ho~ e~itj¡; 10 just:waJk over 10 the scho01m1d use:their fie1dS.~Thmay:.Ju¡veclôêkèd'.gãíês;.aiídldon"Lhow what their rules .and regu1atio ' are. ' If:the EastLakèHigh Scno01 .grounds are open, that would defini Deml.asset. Smce you..staled:that, 'maybe you could find that out and v for us that:theywill be op= But.somehow address theissue ofrecreationaJ 0 ortunities for children oth!:! than pre-school children. The applicant was asked to take the DRC co=ents mto considt:ration and come back with something else. The DRC also wants mput from the City as to how they should approach this project. The item was continued to the meeting ofNovemb!:! 1, 1999. 4. DRC-OO-19 Rancho de] Rey Business Center East 'H' Street An aPplication for approva1 of a sign procram allowin£ the placement of four monument si= aJon!! East 'H' Street as we]] as direcñonal signs within the existing business cent!:! Staff Presentation Mr. Steve Power (Associaìe Planner) mdicated that the applicant is proposmg bUSÍI!ess signageaJong East 'H' Street anddirecñonal signs within the Rancho del Rey '. BusmesS/Co=ercial Cent!:!. This' cent!:! was originaJ1y sited as an employment park m 1985 m an unobtrusive setting surrounded by open space because East,.'H', Street is a designated Scenic Roadway m the Chula Vista General Plan.: Due to the market demand for more big box retailers, the Rancho del ReySP A One guidelines w!:!e modified m, 1992' ill order' to allow retail! coÎIi1rierciaJ. énterprises. Because the center, was 'not: originally designed for commercial purposes" the layout of the development presents significant constraints to businesses operating there. The, open space area along East' 'H' Street partiaJ1y screens the development from passmg traffic creating a perceived visibilitý problem for retail within the center. What the management and busmess cf ~,,;,"':r.,-Ù;"';:-<:,',"",,':'~":.,('-~."::::;~':"'" ,:<"':,'",":""""",,,,,":":~"~.::i""'~"':""':-""':'":':',;','-0'," " - Design Review Committee Minutes - 20- October 1 ð. 1999 own= of the cent!:! want to do is put signage on East 'H' Street in order to mai:~ themselves visible to passing motorists. The City has been working for aboU! a year with the proprietors of the cent!:! toward a sign program. Th!:!e are existing waJ1 cntIyWay signs located on Paseo del Rey and Tierra del Rey. The applicant is :: - proposing to place new monument signs at three major entries to the center. A fourth monument sign wolÙd bea movie marquee for Regal Theaters. Also proposed Me directional signs that wolÙd be 'placed within the ce:nt!:! to faciJitate vehicu1ar circulation and parking. These.signs are proposed to be 9 feet high by 8 feet wideCm:l struc:tures ona concrete :base coated with stucco.. The sign lettering wolÙd 'be Vinyl and :intt:rnaJ1yilluniinated with .:fluorescent lighting. The movie marquee sign is proposed to be constmcted the same but smaJ1!:! (J.5 feet high by 8 feet wide). The directional signs within the centt:r are proposed to be 4.5 feet high by 4 feet wide can struc:tures with a stucco finish. Sign lettt:rÌDg wolÙd consist of tan-colored acrylic panels with teal gree:n Jettt:rÌDg ilJuminated 'with ground lighting. There have been discussions about something other than the can signs that might be more appropriate because they are Telatively small. The ChlÙa Vista Design Guidelines state that signs Deed to be architectural compatibìe with what is out th!:!e. The proposed monument signs are 3 feet higher than the existingwalllmonument signs and would face pe:rpendicularly to East 'H' Street rath!:! than diagonaJ1y. The DRC may with to consid!:! the compatibiJìty of the proposed e:ntIyWay monument signs with the scenic open space charact!:! of East 'F StreetStaffhas raised an issue with the proposed movie marquee sign, Tnere is an existing movie marquee on the theatre itself; which is pretty big and bright. Th=fore, staff raised the issue as to wheth!:! or not the movie marquee sign would be necessary. Also the Jettt:rÌDg appears to be too smaJ1 for passing motorist to read. One of the conditions that has been required is that an Jandscapmg that would be disturbed would have to be replaced m kind. Aguilar. JJID, are we h!:!e advising the Plamñng Commission because I think it bas to go to them. What are we domg h=? Power: The SPA guidelines caJ1 out specifically what signs are aJ1owed and what isn't: What is proposed at this point is not caJ1ed out within those guidelines. What we are domg, in conjunction with the Design Review Committee's review of this application, is taking that verbiage to the Plamñng Commission and City Council for inclusion in the SPA guidelines because the language would have to be changed inord!:! to aJ1ow that signage to be placed upon East 'H' Street. So, we are working on that as wen: In fact, we are scheduled to go to the PJamñng Commission next week. 5 ~,~"."":""",..."""-,,,,,,"-',,;,"':'" ":,'";,~.,;;;"",,,"""" Design Re:view Committee Minutes .. 2] .. October] 8. 1999 Sandoval: I think that was the signiñcance of Steve's first co=E:Ilrs that when this was designc:d as a business cent!:! not a retail center, the amount of sj~'IlS proposed here wasn't needed, - Aguilar: Yea, nut what I'm as1ång....When we review this project, Jet's say we deny it, does that "then simply go on to the Plannmg Commission as advise :!Tom this Committee. Are we domg something diff=t that what the Planning Commission is going 10 do? Power. You me looking atmatt:rials, aesthetics. Aguilar: So, we are loolcing at it from a design aspect. Pow!:!: Right. You are Joolcing at it as to whether or not it can actually go th!:!e. I guess we are making the assumption h!:!e that it would be th!:!e for your review and approval. Aguilar: Alright, so, for us, evE:II ifwe don't like the idea of the signs along 'H' Street, regardless of what they look like:, regardless of the design, it's not up 10 us 10 say, no, we can't have these signs. It's up to us to simply co=:::nt on the design OT..... That's wh!:!e I'm not dear. Sandoval: 1 think we're getting th!:!e. The regulations, right now, don't allow the signs at aJ1 out th!:!e. The regulations and the SPA Plan have to be revised to aJ1ow signs at all. That is what the Plannmg Commission will uJtimateJy see, and the Council will be to actually amend the standards within the Plan. You're rok will be to dett:rmine whether the aesthetics are appropriate or not. Aguilar: But, of course, I guess if we wanted to.... I mean, ifwe decide we don't think these signs should be th!:!e at all, we could pass' that advise on to the CoDJDiission andthE:II it would be up to them. But in terms of what we have authority to act on, it's simply the aesthetics of the signs. Sandoval: Right. Whether you think that works or not. Araiza: So, is the Regal Cmemas out? Auplicant PresE:Iltation Ms Kimberly Cary (c. W. Clark, Inc., 4180 La Jolla Village Drive, Suite 405, La I Jolla, CA 92037) : Wantc:d to give a background of how all this came up. C.W. ---I Clarlc is'the own!:! and developer of two small parcels there. The others are ownc:d " --"-":";';,~;~'",:"':"',....;.:,::::.~,..".."..,.., ,.. '.. ,..' Design Re:view Committe!: Minures - 22 - October] S. 1999 by åi:fÍ=t entities. We w!:!e approached by the City because there was a concern that, without the signage, they were having complaints from the tenanTS and for some oth!:! reasons that the City approached us and said, "WiJI you kind of as co-applicant do this and help us get these signs and take the Jaboring oar on - this?" So, it's Dot just us as a develop!:!. We were approached by the City on this, so it's kind of a joint venture type thing to help the whole area to get these signs up 1hcre. I just want to make that clear that it's not just a developer up there wantingio put up a lot of signs. Aguilar:.Are you m coordIDation with the other developers'? Cary: Right. Weare working with aJ1 of the 1enants. How1hey got to h!:!e was, we have kind of selected the largest 1enants to starts out with. The people that would have the biggest draw to get people mte the cent!:! are who we decided to put out on 1he marquees and let them decide if they want to pay for this. But that is our intent is that these people will be on the signs unless they elect not to. This is our rendt:ring or idea of who would probably most JikeJy want to go on which signs. We also noticed that we didn't need Regal on here and here, and that's why we took them offh!:!e. Aguilar: But you are still proposing the Regal marquee'? Cary: Yes, we are because the RegaJ marquee that is on the buildIDg way back here, you cannot see it along 'H' StrCf:t Unless you }mew there was a Regal, you wouldn't }mow it was back there. Morlon: Th!:!e is a marquee you can see from the street. Cary: Well, if you are looking right up the street, but not as you are passing. Sandoval: That is true what she is saying. If you notice, the City is co-applicants, and it's kind of a strange partnership. The Council had concerns that people were having trouble wding the main retai1=. I think the reasons it's been somewhat of a partnership is the idea that we reaJ1y didn't feel comfortable trying to balance out who got what sign. They w!:!e kind of the Jead with all the different busmess own= in the cent!:! and try to tell poople who.... Some of them, obviously, don't get any signage. It's just because their shops are pretty small. Araiza: I wonder who is having problems? People knowmg that they are there? I Sandoval: I'm sure everybody say that they did, but I don't reaJ1y know who does. - 7 .,---".._---- :i;¿i.:.:;,,;.;¡];:jj;;'~~":"':',:':::::::":"'::'l:-","/":!,:,:'::'::.',,':'.:,:"::-;:;j,:~:;.;:'..,' ,::;::"'"" :,<:,::,:,'-,':","':::";.:;:,":.-..;;-¿,::.é,'. ,.., " Design Re:view Committee Minutes - 23 - October 18. 1999 Morlon: I'm not sure of the philosophy. I'm sure the little guy net:ds it more than the big guys. Sandoval: That's probab]y the problem. - Cary. It's also the cost now- Gomg through this whole process, a lot of the smaJ1 shops are not gomg to be ~.b1e to afford it because of the cost of what we are l1aving 10 go through to get the signs up there. So, the smaller guys, even though they may need it:more, proèablywouldn't say once they saw the cost of the can. They probab1ycouJdn't justif'y it anyway- Morlon: And some of them l1ave níc!:! logos than BIG Kmart. Cary: They will definitely be there. Berni Jauhal (Motivational Systems, Inc., 2200 Cleveland, National City, CA 91950): BasicaJ1y, th!:!e are going to be three monument waJ1s and one marquee waJ1 that will go along 'F Street Two of them will be replacing existing monument waJ1s that are cUITentJy th!:!e. They will be 9 feet rath!:! than 6 feet due to visibility. Within the center, we are proposing four secondary directionaJ signs. Th= are some secondary direcrionaJ signs that due exist. But, our problem is you don't know wheth!:! you can go aJ1 the way through or whether you need to go back on 'H' Street, and it causes safety issues for the traffic. So, the secondary signs will direct where you can go and direct traffic through the center instead of going back onto 'H' Street. The signs that we designed here are consistent with all oth!:! signs that are in the Rancho del Rey area and the cent!:!. We try to keep a consistent with and try to match the stucco pamt color to existing pamt colors that are cmrently out th!:!e. Keepmg them fairly simple and not too elaborate. The bigg!:! stores are probably gomg to be on the maID marquee due to cost, and their budgets will aJ1ow them to do that. The heights of the secondary signs are going to be 4 feet 6 roches and should be fairly visible. And all these Jocations have been approved by City Traffic. We went through and we did our scaJmg and we made sure that theý would not be conflicting any areas where traffic flow is. And I think this program would really be beneficial to everyone there because, p!:ISonaJ1y, when I drove the site the first time, I got a littJe bit lost. I don't Jive around ChuIa Vista, so maybe that's the reason. But, it's really hard to see where you are gomg. And a couple times, I did make a U-turn and realized why I was putting these signs out there. These will have a red stucco finish. These will be ground lit. These will be paneled. They will all be the same color. They will have teal lettering. These will be acrylic panels pamted to match the stucco. The copy .. on the letters is approximately 10 inches, based on the Jogo that was provided to - us. The'rule of thumb is that for every l-mch, you can see it 50 feet away. With ? (;:c:"".::-.->:..:,'- .., :'.:',>.,'.":".-" ,'. '.:c'~"::~':->:':".'" Design Re:view Committee Minutes - 24- OCWh::T 1 S. 1999 the 4-mch lettt:rs here, we thought it was adequate, but you said you tall:eè to Traffic Con1ro1 and it may not be. _Iuld we can review1hat as well. Committee DiscussionlRecommendations -- - Morlon: ItlriDk your idea of directional signs mside the complex is a good idea because every time you go m, irs true, irs very complicated. But the ones on 'H' S1Ieet, I have to admit, I'm Dot crazy about them. Aguilar. I tlriDk the City unwittiDgly set itself up forihis when it changed from an office park into -a commaciaJ centa. ADd to 1ry to put a commerèiaJ center along a sce:nic highway, they are just mtemaJ1y,contradictory because retail busmesses want as much c:xposure as possibh:. And I'm sympathetic VI'Ìth that. ,Signs do provide a public St:rvICe. Irs linportant that people ]mow where they are gomg, and I didn't know that council was getting comp1aints but it doesn't surprise me. I don't tlriDk I have any objection to the concept of the addirìonaJ signag::, Even though 'H' Street is suppose to be a sce:nic street, in fact, we do have a commaciaJ centa thae and, m fact, people are gomg there and need to ]mow where th¡::y are going. So, for me, I think the issue is more the design of the signs ratha than their presence. I tlriDk that the main thing that bothers me about the proposal is the fact that each business has its own logo. Thae are some very attractive signs that have been put up recently m that area. One of the things that makes those signs relatively attractive for a sign is that they are not reaJly advt:rtising. It's just information. Now, I don't mind a sign saying Kmart and a sign saying Pep Boys, but I don't like them using their Jogo. I thìrJk the sign should be strictly informational and the logo should be eliminated. With regard to the otha issueS...oothe matt:riaJs and the type of signage and whether they should be cans or what.. oo I guess I'll leave that for you aJ1 to comment on. Albt:rdI: Would thae be a possibility of matching the entry sign with what is thae already? JauhaJ: We did look at that, but it... Albadi: From the site plan, I ]mow it's not the best. JauhaJ: It's when you go past that, you miss it. Albt:rdI: No, go with what you are proposing here, but match that exact configuration. .---) JauhaJ: We did try to achieve that with the arches. I ~;::_~:: ~>~'::.~'.:::':";:.'>:0i...';:~i:~:::':..:.~"i..:o':';'/::;:'::;':*"~;·o~:/. ~'::::.:::: :~. :..::...:...:.~.o.:. 0_':. , ': _ '.: ::....-:.~ _0·' 0: ::~.;~" '._,_ " _." . . Design Review Committee Minutes - 25- October] 8. 1999 Alberdi: I see that, but it's taller, it's different. My question is that it would h~"~ been nice to match the entry there and adding the information to it. - Morlon: IlIave an objection to the idea that you would miss the sign when you go - - by. The reason behind that is :first, I live further up on East 'H' Street, and I don't think I have taken 'H' Street in5 year where I don'tlrit every light, and I look at the signs. This idea that we :miss the sign, I don't buy it. And if you are looking for something coming up because most of the people are going to be looking for the complex coming up 'H'Street, they are actually looking for something. So, they are 110t going to IDÎss the sign, either. ADd they are usually s]owing down. The light is going to slow you down. There is plenty of visibility for the stores that are there. Pep Boys.. __Pep Boys is a billboard. You can see it from way down. And some of these stores are there. ...Dow Stereo for instance. Cary: Some of them right on 'H' Street, we do not have on there because of that. We don't think they doueed the exposure, it's the ones that are back farthest from the street. Morlon: I don't know, you know. Kmartis so big that you see it forever. Gary: They have called us many times. They are saying their sa]es compared to other stores is just.u.they are ready to pull out. Morlon: Really. Cary: They are very upset. Araiza: How do they think they are going to do it with the sign? Cary: Well, that's what they are telling us. I'm just telling you what I'm getting in. We don't own where Kmart is. I'm taking all their calls and complaints, too. Sandoval: You can't be taking all their calls because we are getting some, too. Cary: No, not all Alberdi: My personal opinion is the sign looks too advertising. You're not getting information. Every time I drive by, I see the Ranchö del Rey Business Park. So -~ something like that that would tie into the existing would be a little more ) appealing than going in and just advertising. '---' (0 .' _ _ _ __._~".____",H'_"'____'__"_ '?_:::. ::.:":;..~:::J:..;":: :~~~;-:-:·.:-~a~~;;:.·::~·_:·:: ._~: _";i:::.;;·:?:.:..:.z::::.2:..·: j :':.-~';:;:"':".: ~':".::" ~.' .'~':'.' - . '---.. . . .- Design Review Committee Minutes - 26- OClOher 1 8. 1999 Morlon: I don't have any problem with the architecture of the sign. 1 thin]; ti-le signs are fine. They match the rest of the style. I think it's the ]ogos that àer:-act from this style itself. - Cary: In terms of the interna1 ìlluminatìon....is that somethingthafs an issue? - - Morlon: That's one more reason to 10ne down the graphics on the si,gn. A1berdi: I think we Me contradìctingourselves by accepting a canned sign here and in:the centeritseli; you won't accept canned lights. Marlon: I'm 1lot saying I'm .accepting -them. I'm comparing them, If I had to choose. I think the fact that the logos would disappear probab]y would make the can sign less obtrusive. Þu-aiza: I don't think we should have additìona] signs on the srreet. The major 1enants have very good size bui]dings and signage. I agree with the directional signs, but not with the signs on 'R' Street. Aguilar: At the end of the staffreport is an interesting memo from Joe] Chew of Public Works. The point he makes is that the City is suing Dow Stereo because they cut down 16 mature pine trees in half to provide improved sightline. In reading this, it sounds like the problems are really coming from the sma]]er tenants who tend to put up banners and stuff like that. Morlon: Yea, because they don't have the big signs to help them. Aguilar: I'm okay with the signs except the Regal Cinema marquee sign, especially since we hear from staff that the speed people travel on 'R' Street you won't be able to read it anyway. I would rather see Regal just incorporated in one of the other signs. I don't think it's necessary to list every single movie that's playing there. Morlon: I don't believe that going to the movie is an impulse thing, Aguilar: This is why I asked in the beginning about what our ro]e is here. Here is what I would like to do. I would like to see the Regal marquee sign eliminated and incorporate Regal Cinemas as a line item in one of the other signs and then eliminate the logo. I think we all agree that the internal directional signs are fine. Nobody has a problem with that. i ~. Araiza: 'What would you do in lieu of the logos? II .., - Design Review Committee Minutes - 27- October 1 8. 1999 Jauhal: Lilce we did here. Weare not using the logo on the secondary si gn. Araiza: Like Option 1, bottom lit with individual letters to match the existing Rancho del Rey Business Park. - - Aguilar: Now, what about materials? JauhaJ: They:are aluminum boxes with a stucco furish. The stucco win match the existing. Araiza: Y ouare matching what is there. You are doing a good job there. Cary: Part of what we will be doing when we present the signage to everyone is what part they win be paying for under the maintenance contract to make sure the signs are kept up. Araiza: I don't know how the vote would go if we wen!.... I'm not for the 'H' Street signs. What I was going to suggest is maybe it's possible to have a trial period. Just put in the directional signs, see if that helps. If you find after that that you still need additional signs, come back. Cary: I have a hard time with this right now because we were approached by the City and part of that was the marketing of signs, and now we have. . .. Araiza: The City can make mistakes. Cary: I understand, but now we have made a commitment with many of these tenants and they do want those monuments signs. END OF TAPE 1, SIDE B Sandoval: One option you may have.... I know at staff level, we have all been concerned about the fact that if we had our preference, it always looks cleaner without any signage. I know the direction from the Council is that they did have concerns about visibility so we pursued this and tried to work with the applicant to come up with something that we all can agree with. One thing that you might do is make your co=ents and if the co=ents from some of the' Board members are that they prefer that there not be signs, we would forward those along, too. Because I think you are going to want to give, regardless of what happens, you ,-, are going to want to give some direction. I think what it win come down to is if ) you are comfortable. If we have to have signs on 'H' Street, are these the signs ._ . J .~ (..J.. .- ---_.~---'"- _~__........,_...._.____.___u_____...__ ?i;j.·.:.:':·.~/:.:~.:-:.:';.:::· . ." : "':." ':" ~'.:": :....::.:.:: ..:: .:".;:'.-::.:.'.:.:;':.'.::.>.:'.:":: ..;.<:::.;:.:.' / .-:-".:::: .",;" - -, Design Review Committee Minutes - 28- October] 8, 1999 you think are okay. ADd if not, then it's up to the applicant to feel if you can rea::h a point where feel comfortable saying, "Okay, we may not want them there, but if we are going to have them, we would rather they look like this", - Araiza: I think what Patricia and Jose are saying is correct. I think they have the - - right idea. The problem is we are not seeing it here. I'd rather have them come back and re-evaluate it and see if a 6-foot monument existing sign can work to take care of that. Use what -you have and somehow mCOJ:porate into that these 1leeds out 1lot come up with a new one.' To me the solution is that and not necessarily this. 1 :think what was done on the directional signs is very sensitive. Whatwas done on the bottoms onesisnot,ofihe same caliber. Jauhal: 1 could condition it with regular non-logo letters, would that make a difference? Is it the height and width that's troub1ing-you? Araiza: I think what's troubling me is the sign on 'H'. Cary: If you couldjust put that aside that there has to be a sign on 'H'. Aguilar: Well, we will handle that here. Cary: I want to get to a point of just separating that for now when you talk about using these existing monument signs. They are at an angel right now, and what we are proposing is that they be perpendicular. Is that something that would be okay if we if we did it to where it is the stucco kind of a curve. Alberdi: I think if you match the existing. You could rotate like you show it here on the plan, but I want the same design, same height, same proportion. Araiza: Are you leaving the ones that are there? Cary: Weare leaving one and taking out one. Morlon: Why not use those with identical information on both for the people coming down and up at those angels without moving them at all. Jauhal: We want to keep it as a business center, too. Because'there are some businesses in there, not all commercial and retail. Morlon: Well, that could be the headline and underneath you've got your stores. ., '.;.~/ f3 .---.---- 'f:I.:);.:.=_. ~: .:';-;.; :';'.j . .... . '..... ::;..~:i.':i.:..:: ;-::;'~;;"?'::'.; ~::::'.S:;:~7:.~~'"i-i:.··:~/":~:;; ·:;.i:.~~.:i·-Ú;~d.~:"~~:-::.:.-:e.á-.r:;;f;1.~·t:;·:ii~~ ---::::'::"~.:"". :..- '. ':.::',: "(':'.:;,: Design Review Committee Minutes - 29- October 18. 1999 AIberdi: If I was to drive down 'H' Street, and see something like this, I woujd cry. - Aguilar: Let me bring up one more issue before we figure out what to do here. In - the staff report, it says that staff is concerned about the type of materials chosen - for the directional signs. That in previous discussions with the sign company, other sign materials æd types were discussed. Could you tell me more about that? Power: In previous ,discussions issues were TIlÌSed regarding the use of the can sign, other:matf:rÎals were:suggested. Aguilar: AIe you just talking about the directional signs? Power: Right. Beverly was actually at those meetings. Blessent: We had discussed that they would not be internally illuminated. That there would be ground lighting (up lighting). jmd we 1lever rea]]y discussed can. We talked about individual letters. At one point, we talked about wooden Jetters. We never really agreed on any kind of material So, when it came in with a can sign, I was a little sUIprised that they lIad chosen to go that route when our discussions to date hadn't discussed canned signs at all. Aguilar: Well, maybe you can answer why. Jauhal: The reason whywe decided to stick with aluminum.... I don't know about the discussions that were held previously. From my interpretation, it matches everything else. If you put wood out there, everything else is stucco. They are individnalletters on the panel. They are ground lit. They do match the signs that are cwrently there. They match the architectural that's currently there, and they match the: colors that are there. And from a design perspective, I think our designer was going more for something that would fit in but yet stand out for when someone is driving by, they can see it. Aguilar: You are still talking about the directional signs? . Jauhal: Yes. < Morlon: I think the idea that Alfredo had.... Let's try with the directional sign and if that doesn't work, then come back with a big one. I kinda like that. - , Alberdi: We have to keep in mind that City staff said we could get overridden by ,j ,,-,-" that. We have to give them a direction. 1<-/ .....-----...-.-... :~~~;.I:'::':':'::'~:~~~:::.:~;.:~:.:~·..':'4·'~-;i;.";o.-~:,~;,--=.:::,:._:"::>;.':.:..' " ,:-:-;::.<:>...;-. :.:.': :__, ,- Design Review Committee Minutes - 30- October 18. 1999 Araiza: We can tell them that that is our direction. Aguilar: How about ifwe take two votes. We take one vote on whether or not to ::; have signs, and "that vote would be advisory to the Planning Commission and - Council because they are the ones who are going to decide that. And then we take another vote assuming that they (the Council and the Planning Commission) approve the signs, and we take :anothervotedealingwìth the sign design. So then we will lIave two separate actions on record. "What do you think? AIberdi: Yes. .Araiza: Well, I'm a little bit concerned. If we are going with the signs on 'H', I thinkwe Should be looking at an option for a sign on 'H' that we like. Something that maybe incorporates what is there. Taking into consideration what is there, then we know that it is feasible, that it can be done and we like it. Otherwise, right now, they are taking what we are saying as an idea. And they may be thinking one thing that is different. I would like to see another idea. See it come back for 'H' Street. AD option. That option can be shown to the City COUIlCiJ as well or to the business owners. The business owners may not agree at all that they want green letters instead of red letters. Aguilar: What is thetiming on this? Sandoval: We have tried to move along fairly quickly. I think it's going to the Planning Commission on October 27th. You don't have to be through with your reVIew. Aguilar: So, the Planning Commission is not going to be reviewing the design elements, they will just review whether or not that there are signs or not? . Sandova1:cThething. that does that has some difficulties. We don't want a proliferation of signs. They don't want this to be the first generation and then a year from now they get pressure to put more signs up. So, our idea was to write . the; guidelines; so tightly that they will allow whatever signs you think are advisable and may want to produce, but then kind of close the door at that point. That does make it a little bit difficult because going to Planning Commission, we kind of..':: The way we set it up, we have to know how many signs and the size of those signs because we would like that to be the laSt ones we see. - -J Aguilar: Following up on Alfredo's suggestion. Suppose we took an advisory vote --' to the Council and Planning Commission on the number of signs and whether or (5 .. _.__."--_..--_..._--_.._~-,,- ;~::":~J..::.:;.:;;:~"::.~i::¿:¡::'~:':;'1..~;.:~L~·:·~ :~..'..'. ":";.:. . :..:....;: .:>',,::.;:.::.,:,.::':':~~':.'.' .:':::.:..;;-;'.-;;-;::::. - :._' '. .':.. -.." ..... >:...,' Design Review Committee Minutes - 31 - October 18, 1999 not there should be any signs, and then 'with regard to the design, ask the appli::ant to take om comments into account and come back with some alternative sign proposals. Is that something that would work in term of your scheduling? - - Sandoval: It may be a problem because.... - Agni1ar: You want to show something to the Planning Commission? Sandoval: Well, that's one thing and another thing too is we are going to have.... I thïnk the wzy it is writtenisthere isactually:numbers given in the code changes. Morlon: What is the pmpose behind the -acceleration of this process? Why can't we slow it down and look.at it carefully? Sandoval: One of the things we have heard._.. The applicant talked about KmarL We have been getting a lot of calls from Kmart's attorneys and other people. They were trying to get some of these things done by the Christmas season. Morlon: They started too late. Sandoval: Well, they started a long time ago, but it's been a long going negotiation before we felt comfortable too. lrnlÎza: Why don't we just give our opinion and go with it. Sandoval: From what I'm hearing, it sounds to me like one place you were going was, if you had to have the 'H' Street signs, is try to have the copy similar to the top instead of individualized for each store. So it's directional more than really advertising. ADd the second thing I heard.... Your idea was to try to have the same style and basically not to have it any higher than they need to. You were talking about the height that is out there now. The 6-foot might work. We have .. been fighting this fightthroughout, too to find out how high it has to be to get theirsignage on there: It did look like the 6-foot would work. It was our thought, too, let's just use what is out there. It looks good to us. Sometimes what we hear . come out of this is they were comfortable with going with the copy similar to the above, and us working with them to keep the height as low as possibJe to still get the visibility. For example, according to our Traffic guy who knows what people can see; that could be some guidelines we could use and still carry the message forward that as far as the Design Review Committee feels that you would still - prefer not to even have the signs out there if that's the way you felt. ; J~ I I.p .' " - ----~-- -----~_..~--~- ,,":-, :.: :,'.::".:.~; :';>.': .' _.: ;:: .::';:-;::'; ':. . '.' ' ":~ .', :·,·,:·:·~:.~::~:j~;:;·__~;:::,·,,:,,·~·:·=-~·-"'·8l;;;··;"/;;,:,·:-:.·..:_~,...:.:.~::..:::..;·:::;Z,\:_·::·.:~:.::·::·::.~~.·:. . -" .' .~ .~~:.> -' - Design Review Committee Minutes - 32- October] 8. 1999 MSC (AguilarlMorlon) that the DRC approve Option 1 for the directional signage as presented. Vote: (4-0-0-1) with Mestler absent. - MS (AraizalMorlon) that DRC not do 'H' Street signs. That the DRC propose that - directional signs be put on a trial period, and, if that helps out the businesses, 'H' - Street business signs are not necessary. Vote failed (2-2-0-1) with Aguilar and Alberdì opposed and Mestler absent. .MSC (Morlon/Araiza) that 1he applicant. come back with a proposal to use the four existingmommienÙigm with moilifications, if :necessary. Add a sign of the same character1!t theXmart (3A) entrance. Vote: (3~1-0-1) withAguilar opposed and Mest1er-absent M (Aguilar/Araiza for purpose of a vote) to approve the signs on 'H' Street as submitted with the elimin~tion of logos and a change ìn the lettering so that j¡ is the same in character to the internal directional signs. Instead of cans, use individual lett=. That the movie marquee (#6 in the applicants' plan) be eliminated. Motion failed. MSC (Aguilar/Araiza) that, in the event the Planning Commission and City Council approve the signs as submitted, they be returned to the DRC for design review. Vote: (4-0-0-1) with Mestler absent. G. STAFF COMMENTS: Otay Ranch workshop and site visit on Monday, October 25, 1999, at 2:00 p.m. in Conference Room L H. MEMBER COMMENTS: None. I. ADJOURNMENT: The meeting was adjourned at 7:17 p.m. to a workshop on M<>nday, October 25, 1999, at 2:00 p.m. in Conference Room 1. Prepared by: . ~ Linda Bond, Recorder (A:\IJbIDRCt999\dn:tOt899.mins.doc) -, \ J If .' - --- ._---,,--- - -- - -----~--"-,_..."_.,-,.._--..,----~--_._""-,.- . ' , . .... . .~-'._-,"-'.'.-..~.._-~'-";._..'._'*' --"~------'.'''--'''~.--''- --'-*.-'..-.-.-.... .....-' '- . -- -, ........-- -'. ._......~'.-_. MINUTES OF A REGULAR MEETING OF THE DESIGN REVIEW COMMITrEE ChuJa VISta, CA Mondav. November L 1999 Public Services BuiJàin£ 4:35 p.m. Conference Rooms 2&3 A. ROLL CALL: Vice-Chair Morlen, Members Mest1er and Alberdi - - - ABSENT: Chair Aguilar (excused) Member Araiza (excused) STAFF PRESENT: Jim Sandoval, Assistant Planning Director Beverly::Blessent, Senior Planner Steve Power, Associate Planner IGmberly V.ander Bie, Associate Planner Luis Hernandez, Senior Planner Juan Arroyo, Housing Coordinator OTHERS PRESENT: Berni Jauha1, Motivational Systems, Inc. Krysen Hernandez, Motivational Sytems, Inc. Kimberly Cary, C.W. Clark, Inc. Jeff Rogers, Rogers & Ucker, Inc. Scot Sandstrom, Western Pacific Housing Sondra Harris, Western Pacific Housing Jill Williams, KTGY Group, Inc. John Willett, Planning Commission Chair Bill Ostrem, EastLake Development Company B. INTRODUCTORY REMARKS: Vice-Chair Morlon made an opening statement explaining the design review process and the Committee's responsibilities. He asked that all speakers sign in and identify themselves verbally for the tape. C. ORAL COMMUNICATIONS: None. D. ACTION ITEMS: l. DRC-OO-19 Rancho del Rey Business Center East 'H' Street . An anplication for approval of a sign program allowing the placement of four monument si"". along East 'H' Street as well as directional si",," within the existing business center Staff Presentation ,- .0 (r- .' ._------".---------.__.._-----_._~----~--_._,--.._-- -.. .. ..... - Design Review Committee Minutes -2- November I. 19°9 Mr. Steve Power (ksociate Planner) : This is a continuation of an item you reviewed on October 18, 1999. The sign progrnm for the Rancho de] R~\ Business/Commercial Center. What the applicant wants to do is plac~ a monument sign at each of the major street entries to the center. At the ias! meeting, the DRC did approve directional signs within the center, which would - facilitate vehicular circulation and parking. At the last meeting, the Committee - stated that the proposed signage at that time was 1lot consistent with the design guidelines of the City of Chula VISta. A concern was raised regarding sign lighting, sign size, sign materials .and sign location with regard to the monument signs.· The movie marquee .sign and. three -monument .signs would be internally illnminated can structures. That has not changed since the last hearing. The size has not cl1aIÍged. Changes that have occurred since the last meeting are the top of the signs .and the change in shape more closely with the existing wall signs that are out there. The columns bordering the signs have changed to a round shape. The signs ßTe still intemally illuminated, still canned with a stucco application. The background behind the signage has 1lot changed. At the last meeting regarding the marquee sign, staff bad indicated that the sign was not consistent with the City's guidelines. What we are trying to do at this point is get some direction from the Board on how to proceed. We have this scheduled rOT the Planning Commission on Wednesday night. That language deals with the sign size, sign location and the number of signs. If we could get that nailed dov''TJ at this point, we could proceed with the Planning Commission portion of this project because that really doesn't get into specifics on the materials, lighting and that type of thing. If the Board can come to a consistent as to what wouJd be appropriate with regard to the lettering size, location, we could proceed. Tnat is basically the direction we are looking for at this point from the DRC. Kind of a consensus to what would be appropriate. If we could nail down the specifics, we could go forward with the Planning Commission portion of this project. I think the applicant has a presentation tonight. Morlon: I'm looking at the four different recommendations that have been made by the Committee. What I see there as absolutely nothing to do with any of the recommendations that we have done here. Power: At the last hearing, the Committee did state they would like to see the existing wall signs utilized if possible, uniform lettering and external lighting. What we still have are the company logos with intemalìllumination. So you are correct in that what is proposed now does not really reflect what is in the minutes. But I think at the last hearing the applicant bad not presented the reason why they did these particular signs regarding traffic safety and visibility. I think they are better prepared to that tonight. ¡ Applicant Presentation 1'1 - _...- ------. -- -- _._._._~...._---_...- ., " - Design Review Committee Minutes - 3- November I. 1999 Mr. Jeff Rogers (Rogers Tucker. Inc.) ~ rm 11ere tonight on behalf of Craig Clarl: of C.W. Oark, Inc. Craig couJd not be here tonight but wi]] be here Wednesáay night for the Planning Commission hearing. For those of you who have not mel Craig in the past, we have been here many times over the last 7 or 8 years on - various projects. Craig is the developer and owner of sales comers, which is the - - PetSmart and Chili's promotion center within Rancho del Rey. He is also the developer and owner of Tierra Comers, which is the Krause's, Rubio's and Pep Boys co=ercial area. He is also the developer.and owner of the Regal Cinemas project. I've worked with -Craig on these various projects from the beginning going back to the early 1990's. Craig was ;approach :lllìttIe more:than a year ago "by Beverly and Mr. Leiter m the Planning Department .and asked 1:0 volunteer his services in .acting as a coordinator and leader in bringing forth jointly some signage ideas for how to create better identity <md more direct guidance to -people looking for some of the commercial tenants within the Rancho del Rey Center. This issue of access and identity has been one that has surfaced manv times over the years by people in the community. It was brought forward to City Council by folks on behalf of the Chamber of Commerce. Out of that communication between people in the community, Chamber of Commerce and City Council, came the request through Planning staff (Bob Leiter <md Beverly) to approach Craig and have us become the centroid of.a planning study for some new signage ideas along East 'F Street to improve the servicing of the co=unity by these commercial tenants. That was more than a year ago.' At the time Craig thought he could help out, it won't take me very long, it won't be that big a deal. It ends up being quite a big deal to~ #1 approach the primary tenants within the complex and other tenants more than 5,000 square feet and get them to agree to participate because it takes planning time, design time by consultants to put a plan together. To be sure of the staff and to be sure with you folks and the Planning Commission and City Council Unfortunately, the way the specific plan is drafted, this does have to go all the way to City Council for a SPA Plan amendment. It's quite an arduous process. In any event, Craig is still dedicated to coming up with a plan. Most of the primary tenants within the comp~ex are cooperative in supporting this as long as they don't have to do a lot of work. They are willing to contribute the money and . endorsement of the signage direction.' Step #2 is to get them all to agree to design direction, the size, the location and all of the other fine points that are now' representative in the design that is before you tonight. I just wanted to snmm~rize what has transpired over these many months, and ask for your spirit of appreciation of that effort as it has been sort of his civic contribution in a way. He does operate from the philosophý that an improvement to the business in general within the complex is' also an improvement to the smaller tenants. There is an indirect benefit in improving the signage program; The challenge in this sign program is that these properties were not master-planned and designed to be a .,..----- commercial complex in the beginning. It was designed to be a business park in the d--.-O .- n.n____ __ __ ___ . _ __..·___..__.n_~______ ....,,_... .--- , ,.- - -- - -- -- - - - --~-- -, -, - Design Review Committee Minutes -4- November]. ] 999 terracing of the land and the location of the roadways and things like that. They are a little contradictory10 normal commercial design standards. We are trying to offset some of those contradictions that have evolved in converting this properry from business park 10 commercial center. I think what has been designed and what is going to be presented to you this evening is quite a nice refinement and - certainly not your typical kind of signage design for the average co=ercial - center. It has fine details, and it's Deen well thought out and coordinated with each location and the landscape around it. We simple ask your .appreciation for the work that1las gone on on behaJf of the co=unÏty:in improving this facility, and your consideration.in,.at least, :approving vi:i:th:in.accrtaín 1>oundæy or certain key points, which staff viilllDnm;"~t'" 'upon so 1:hatthis prqject can proceed on to Planning Commission and CityCouncil-with the :understanding that, if there are any small design Tefinements, that can come back later. But1he key issues of location, type of lighting, type of grapmcs, 1lumber ofsigns.._those need to be arrived at this evening in order 10 proceed ina most proficient manner. Any approval or approval with Tefinements that might be addressed this evening would certainly be in the conteJ\.1: of being subject to J>lanning Commission and City Council approval of the SPA amendment at a later date. So I appreciate your time in looking at these matters, and I ask the designers to share with you some of the most recent refinements and improvements on the design direction. Ms. K1ysen Hernandez (Motivational Systems, Inc., 2200 Cleveland, National Cit)', CA 91950): I don't want you to think that we went away from the meeting a couple weeks ago -and didn't take any of your thoughts into consideration. We actually did and looked at it. There was a unanimous feeling that you didn't like the sign package, and so we really took a long hard look at it. What was going to be the most beneficial for everyone involved, and that was going to inc]ude our client, how we design this, the tenants that are there and, I think most important1y is the public and vehicular safety. First of alL we took a drive all the way around Chula Vista. We went and looked at other retail centers, and we analyzed what other retail cen1ersare doing.· Axe they doing up lighting? Axe they doing internally illuminated signs? How large are their signs? How are they doing logos or straight copy? What is it theyarê doing? We came to a general consensus that a majority of the signs are internally illn:';';,,~ted,the readability is better, the visibility is better especially with the traffic flow along 'H' Street. In addition, we took a look at the logos versus straight text. And the reason why we kept it with the logos is because when you are reading just text versus logo, there is a longer lapse in your. brain when you are reading it versus recognizing a logo. That is Marlœting 101. It's branding. ADd so, when people are doing 40 or 50 mph down 'H' Street,· not only' are they going to have better visibility with internally illumìnâted signs, but the logos are going to register in their brain a lot quicker. That's why we kept them internally illuminated. That's why we kept them in the ) locations utilizing the existing sign out there. The visibility is Dot as great the -. ê)..( 0·· .' ....-.-, .--- - --- - ----._-.-.-... _...--.~.~._._-- .~ _.. __H_ ~ _..:.. -.---._ _ ."-'_'"" _'.',"" Design Review Committee Minutes - 5- November 1. 1 999 locations that we have identified from the beZ;nnmg. Again, we kept the logos in because of readability and visibility_ One thing that we did take a 100k at is the actual design of the sign. I believe that there was concern about the initiaJ design that we did. ADd we went back out there and took a look at what the existing signs look like out there from residential side and from a commercial side. Berni and I ~ lIave been fortunate enough to work with the City on quite a few projects. The - - ChuIa V1Sta kiosk-program 2S well as many of the signs that are in Rancho del Rey right now. We pulled our group of designers in and we came up with another ,option that might bemore consistent in the desìgn out :there on 'H' Street. You 1Iave--that·1n.your:pài:káge.""A1thotign>the"::s'èCondmy directiona1s have been approved,·obvioÙS1yifwé went with this :IleWcðèsîgu,.--we would obviously match :the .secondarydirectìona1swith thatnèw.design.'Again, 10 focus here, I think we haVe a ICspoIÌS1Dility 10 give the ienants -proper identification. I know that there has been some concern vii.th:many of the tenants out there that they feel that they do 1lot:have Teadability and visibility 'from 'H' Street. That's hurting their business. In fact, Kmart is quite concerned about the loss of business without proper identification out there. So I think we have a responsibility to them. We have a responsibility to the public to give them better way finding. Up lighting is very difficult 10 read going 50 mph. We are the sign consultants, and we real1y looked at 1his, but we owe it 10 our client to come up with the best program that we feel is going to be beneficial to everyone involved. Morlon: Obviously, you have done some work. ADd 1 can appreciate what you are saying in t=s of being able to recognize a logo. Then how does this app1y to the marquee? At 50 mph, you are not going to read that, either. Hernandez: That's a good point. However, that copy is about 5 inches, and you get about 50 feet for every I-inch of copy. The hope is that the other signs, they will recognize the logos so quickly that they will have that opportunity to read the . text on the Regal Cinema. If you look at other movie marquees around the . County, it is all straight text. Morlon:The queS!ì0n we hád lastmeeting was basicapy, yea, we can appreciate, ,weèan discuss the:sig71;~ and sofo~ logo, no logo; internally illuminated and so 'fort:h,'but the. marquee itself,'is it really necessary? Can we advertise just the . Regal Theatre because it is not an impulse buy. So, the question was, so there's a . movie theatre, let's go see what's there: That's probably what we have looked at a little Closer than a marquee on the roadside. Hemaridez: It's about a tenaDt who wants better identification. I don't b1ame them. -. .:J Morlon: Axe we going to be able to read the marquee, is my question. . .;ld. .' _._--------~" ----.-. '. "-,.- "Oq "_'." .·_.C,.' . . .".. Design Review Committee Minutes -6- November 1. 1 999 Hernandez: I do think peopJe will read the marquee to see what is pJayinf.. 1 understand your need for not wanting this place to look like some big commerciaJ center, but it is. It is a retail center, and there are tenants in there that need to make a certain amount of money. We lIave designed a package, I think is - extremely tasteful We are not talking about big bright neon signs flashing. We - - are taIking about nice stucco signs that fit with the consistency of the entire community_ There are three of these. This is the.actual sign superimposed, and this is to .scaJe. It's 1lotsomething that is jUIIWing out at you. It is very tasteful, .and it'.s 'accommodating wbat we need toaccomp1ish; Marlon; I don't think anybody is denyillgthe signs are elegant. Hernandez: No. Mestler: I was not at the last meeting. However, I have done my research, and I have talked to the other Committee mem"bers. But I didn't get this clariñcation. Exactly how many signs are there? Hernandez: There are three of these signs and the fourth one is the marquee. Mestler: So, the Regal Theatre doesn't want to be on a regular sign. They want to be on their own. Rogers: They do. Mestler: Okay. I do understand. They want people to be able to see what is playing off of 'H' as opposed to driving in front of the theatre. Hernandez: There is a real visibility issue with the center, you know. It sits up on . a slope. Mest1er: In my opinion; I think it's creating moretllan_ isnecessary for a theatre. -.. For example;. the . theatre. on'Thìrd A venue as _ thêfocal'-póint in the village of ChulaVistá, we eould put that on 'E' Street with a marquee. i think it's overkill. But I do like the other signs. I think the idea of signage on 'H' Street is really . necessary. I have felt that from the beginning. Hernandez: I wantto come back to the marquee, but can we put It aside for just a minute and let's ta1kabout the other three signs? What is your general feeling about the other three signs at this point? ~,) ..)3 .- . --------.--------,---------.....- .. . __ '__ .._ _0_' ..- ..-' -~--'- - --. - -.-.. .-.-......-.,.. ~ ~.___ _' _L. .... ,- Design Review Committee Minutes -7- November 1. ] 999 Morlon: I think presentations like this really helps compared to last time. 11 heips 10 understand the scale and the magnitude of the signs. What will happen to the existing monuments that are there now if those signs are installed? Hernandez: We will take them down. - - Ms. Kimberly Cary (c. W. Clark,lnc., 4180 La Jolla .Village Drive, Suite 405, La - Jolla, C4 92037) : Just one on each comer. One will remain. There are two righl now on both of the main comers. Morlon: What would be thepmpose öfkè!:Pingone? Cæy: We think it looks nice. It's 1lot'in the way ofihe other signs. So, we just decided to leave it where it is. It just says Rancho de1 Rey Business Center to identiiy if someone.__. Hernandez: This location and this location hereu.. The existing monuments that are there right 1l0W would be taken out. And this sign here, and this sign here. which is the existing monument would remain. Morlon: Okay. So we have three monuments. The one which is the midd]e entrance, the one which is at the entrance of PetSmart, and the one where Pep Boys is. Where is the marquee going to go? Hernandez: That was something that we left in the package was keeping those two monuments, demolishing two and leaving two up. But I think that wou]d be something that we would reconsider and take it out. It's total recognition for the center. Morlon: ADd negotiate. Be carefuL They serve a purpose. I don't have any problem with it. Alberdi:This weekend, I drove by 'H'. At theTierra Nova Shopping Center, they . . lIave a monument sign, but it's an open sign that has individual cans with two columns. You see the logos, but you don't have a 9 x 9-stucco wall that is not as translucent. It's higher, but it's the translucency that makes it lighter. This I think . would be too much like a billboard. Hernandez: We actually brought a picture of that sign. The issues is....you hit the nail right on the head is that there is the possibility, that you can have that. But you're looking at a 30 to 35-foot sign. It's taller than the light signal. - _J .;;).y 0- ..... .,_..._.~- ._'-~----_._---_..---,,~ --- - -. _..._~~---- ,~~. .:.' .' - ~ . '-- .... :', ----,. -- .' --- '.-. '~ Design Review Committee Minutes -8- November 1. 1999 Albcrdi: I'm Dot saying the repeat this. AIl I'm saying is to create some translucency to the sign that would not make it look billboard on 'H' Street. Morlon: I don't know if they can becausc it's only 9 feet high. At 9 feet high, you are not going to put a lot of space bctween the cans. - - - Hernandez: Well, one issue that you want to keep :in mind, too, is "that you have to keep your bottom can off the ground because otherwise landscape grows up and you can't read it. AIberdi: Do you have 10 lIave four tenants on that sign? Can you nave less? Hernandez: You lIave"two with four tenants and one with three tenants and a blank.space. Morlan: The sign that you show is in white. Have you considered looking at earth tone? Hernandez: It's a natural stucco, and that is what we proposed. The thought was to match that existing stucco. Morlon: So to recap from the standpoint of safety, you think that the ]ogos are more appropriate because it allows people to identify quicker? Then from the standpoint of identification, obviously, "the signs that you have proposed are the right size and there is DO real advantage in our reducing "them. So, basically, as far as the signs are concerned, we have got a pretty good picture of what cou1à happen. Hernandez: Yes. Morlon: And we are back at "the marquee. Mest1er: And you do have enough room "there for additional tenants? Those three momEents' have enough room for future expansion. You wouldn't be coming back for an additional monument sign? . Hernandez: The major tenants are going on "those signs. If we put all the tenants on them, they would be huge. But. once you, turn in, we have secondary directionals that are helping "the smaller tenants. Mestler: So you wouldn't be coming back for another monument? This is it? - Okay. , ) ",)')' ---- .. --_.._--~.- ---,.~--_.- ·.. .. -~".---.. . ~. .~-'~,~.._'-~"'_. - .-.., :_- .---.-p- .... - ...__...._~..--._- '-" ,'. .-' Design Review Committee Minutes - 9- November 1. 1999 Morlon: Let's talk about the marquee. I still believe that when you are driving up the road, it's not anìmpulse buy. You go to the movie because you are looking fa;- the movie theatre. Changes are, you already know what is playing. I think that is one of our main points of contention. We don't have any objection advertising the movie theatre, and pointing them in the right direction. - - - Mestler: Given my opinion, I think it'.s ovcrkìll It would be like Kmart advertising what's on sale. I think it's too mucb. I thinkjust indicating Regal on ihemonument sign is adequate. Thatwould be my vote. It's too much. They have a marquee mÍrOnt of the theatre, whìchIthinkis.adequate. Alberdi: I agree. Mor1on: I think you probably sold us more or less on the signs, but I don't think you sold us on the marquee. Cary: Just a what if.... If you were going to assume that there was going to be a marquee sign, is the design of it matching the other signs okay in t=s that we have done the same type of stucco and the same types of.. .. Morlon: Oh, the design itself; I don't think we had a problem with the design of the sign itsel£ Whatever is in the middle is a different story. Alberdi: I don't think the design of the signs was ever an issue. The issue was whether we }¡ad signs or not. .A.nd I guess we are being told that the signs are needed. If they are needed, then let's try and make them look less intrusive. I have a question on the height. If we do put up these signs, you are saying 9 feet to the top. The 9 feet should be from the lowest part of the sign to the highest. That needs to be clarified. Power: We could put that in as a condition. Alberdi: I think that has to be clarified or else it's going to be IS-foot signs. Rogers: An alternate on the marquee would be to make it larger and more open like the other shopping center sign. . Alberdi: The alternate is to take one of the other three signs and make that the marquee. Hernandez: There are too many commercial tenants in there. There are a lot of people in Chula Vista that need help. d.(o _.._--~---.._._------_.._-_.~-_....._--_._-'- ""'..,..-.- -.:..-._.....:....._~...;...._- .... '-' ~_..::...' .-." .. -:. ~;':. ....;.;.-..--..:.........:..J~~:.........~.~.;:-._.:..:.... ._..... .'o';~;· ."~;,, ·..·_···'·'":'.·..r.;.·.·:.:. ~ Design Review Committee Minutes -10- November 1. 1999 Rogers: What we have been searching for OVer the last year in the design directioD from the beginning is this balance between the parkway character of East 'H' Street meaning all green and very little visibility to the tenant. Looking for that balance between the parkway kind of feel and the fact that it's a commercial center. The preference of all the commercial tenants, particularly the big ones - would be to have no landscaping and total visibility toO the road. That's not in - - balance with the other community needs here.' The need for someone to find a place is incidental unless they .know where_Kmart is or CostCo is. The need as been meLThey knOW 1l0w,io getthr:re,~liihèy~iindthe most correct way to getio theirsho'p'pirìi'Soif's' thé fuSi:ïUGóñri~~~diliis :balance and what we . . . -_" ....;.. .._ _"..-...,' '''''.'~___'<o____·~_.'"._'. ,.__.,,'" started out with was a long Jìst,oft"!'~,;~:;'ºkaý~:whË:rédo~edraw the line. Is it 10,000 square feet andbigger.,"islt 8,ÇOOJ¡qûafe:feet'and bigger. "What do you use as a criteria for sayirig yotÙe on'1:1ie front' :sign:orJÌot on the front sign. It was through ,a -number of studies.and conferences',withstaffthat we got dOWIl to the essence of the concepthere-tbat:a1lows the westerly tenants to be identified in one location, the central tenants :in another location -and easterly tenants in another and then relying on the internal directional signs to Kind oflace it all together. So, that I think is at a good balance point for all the factors here. Regal would like to have the sign. When we brought the Regal Theatre forward more than a year and a half ago, we knew that there would not be a marquee sign on 'H' Street. And there wasspccial considerations in design to get as much light and excitement to the theatre as possible with the signage to have it be known. But, it wou]d be beneficial to have the marquee kind of statement that establishes their presence here. It's not critical; it's not the end of the world either way. But it would be good to have that identity along East 'H' Street. MestIer: Another point, by not having a marquee, the people that do have to drive to the Regal would see the other shops and stores. So maybe those people would benefit by the people that don't know what is playing they can see a store that they didn't know was there. So that's the other side of the coin. ....., -. Hernandez: I think basically what we are getting'at here is that Regal would like the additionalre-emorcement. They -area distance away from the main street. And - I understand what your thoughts are; but theY-are a distance away from that main , street. ADd, yes, people in Rancho del Rey arid EaStLake are goÏ!1g to get use to what's in there, but there is quite a bit of development going on in the South Bay. ADd I agree with them wanting that re-emorcement. Sandoval: From the start, I think staff has worked with the applicant. I think the only area that we really didn't have an 'àgreement was the marquee. The rest, we were pretty consistent. I'm just wondering if maybe one option would be instead -, of having the marquee sign with all the shows that are playing, I think you said J that there is one slot still left open on the monument signs? d.ì .' - - _.~--,--------~-,----_._- ~~~'- '.~:".;':.;';_'.'__~' '. ,'. .._ ~.,..,.. .' o' _ .,.. '. ...' ,". - ,.., ,- Design Review Committee Minutes - 11 - November 1. ] 999 Hernandez: For future tenants. Sandoval: Wen, is there a possibility ofletting Regal have that slot or no? - Alberdi: I think that's what we are saying. They could have that and that way - - people would know that the Regal theatre is there. Cary: We are trying to acco=odateas many as possible. So when we had the marquee, we decided to takeRegaI off theother.lIlonument to open it up for someone else to use so we could expand t1ñs to more people as possible. That was our intent to taking Regal off that monument sign. Rogers: I guess what we are saying is that it would still be good to have one additional panel available for future tenants to the eastern area. So if the Regal sign is transferred to the one monument, perhaps it could sit slightly higher to acco=odate one adàitional signage statement. Morlon: I think the marquee sticks out. That's what makes it so difficult. Committee DìscussionlReco=endations MSC (Morlon/Mestler) to approve the signs located at 2A, 3.11. and 5.11. as presented with internal lighting and logos presented on the can. That the Regal Theatre logo be incOIporated into the sign located at SA. That the maximum height of the sign, from the lower portion, not exceed 9 feet. Vote: (3-0-0-2) wiL'1 Aguilar and Araiza absent. Rogers: Could I request one slight proclaiment on the sign located at SA. That we get a little bit extra height on that one to acco=odate the future possible tenant that would' want to go there in addition to the Regal Cinemas? Whatever the typical height is for secondary tenants there. Morlon: Any advise from staff on this? . Power: I think that is something we would probably want to take a look at. Alberdi: No. From a design point of view, I think it should be consistent. Sandoval: Well, they are not required to put the Regal on, are they? , , -0 oJ. 8' ------~------ RESOLUTION NO. PCM-00-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE RANCHO DEL REY SECTINAL PLANNING AREA (SPA) DESIGN GUIDELINES, IN ORDER TO ALLOW THE PLACEMENT OF FOUR MONUMENT SIGNS WITHIN - A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST H STREET - AT THE RANCHO DEL REY BUSINESS/COMMERCIAL CENTER, AND PLACE DIRECTIONAL SIGNS WlTH1Ñ THE CENTER. WHEREAS, a duly verified application for an amendment to the Rancho del Rey Sectional Planning Area I (SPA) Design Guidelines was fùed with the Planning Department of the City of Chula Vista on September 29, 1999 by C.W. Clark and Motivational Systems Inc; and, WHEREAS; said application requests an amendment to the Rancho del Rey SPA I Design Guidelines in order to allow the placement of four monument signs within a public open space area situated along East H Street at the Rancho de] Rey Business/Commercial center, and place directional signs within the center; and, WHEREAS, staff has recommended, and the applicant has agreed to, certain additional amendments to support and clarify the requested amendment to the Rancho del Rey SPA I Design Guidelines; and, WHEREAS, the Environmental Review Coordinator has determined the project is exempt from environmental review under CEQA Class exemption; and, WHEREAS, the Planning Commission set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely November 3, 1999 at 6:00 p.m. in the Council Chambers, 276 Fourth A venue, before the Planning Commission and said hearing was thereafter closed; . and, NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENIED AT THE HEARING, THE PLANNING COMMISSION recommends that the City Council amend the Rancho del Rey Sectional Planning Area I (SPA) Design Guidelines, in order to allow the placement of four monument signs within a public open space area situated along East H Street at the Rancho del Rey ell' ATTACHMENT "B" Business/Commercial Center, and place directional signs within the Center, as shown in Attachment "A." BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 3'd day of November, 1999 by the following vote, to-wit: A YES: Chairman Willett, Commissioners Thomas, Hall, O'Neill, Ray, Castaneda, Cortes NOES: ABSENT: ABSTENTIONS: John Willet, Chairman Diana Vargas, Secretary 3ò - - - --- ----,-_.._,--,---,_....'.'.._--_.. -_.._,--,.,_...._,. "'",-----'---------'- .' , , ., - , ATTACHME"¡T "A" TO RESOLUTION NO. PCA-OO-Ol Commercial Center Guidelines (C) The Chula Vista General Plan identifies East "Roo street as a scenic highway. This designation requires that special consideration be given to the impact of new development on the scenic quality of the view shed from the road. A primary goal of - these guidelines for the Commercial Center is to continue to maintain the scenic quality - of East "R" Street while integrating the needs of major retail uses into the Rancho del Rey Community. 0 Because of the importance of the continuity of the scenic corridor, the Commercial Center plan and zoning regulations have restricted the exposure of signs and advertising to East "Roo Street. Signs directed to traffic on East "II" Street are to be limited to the existing Community Eptry Monument (wall) Signs, one Commercial Center Monument Si!!IJ at each of the three major street/entry intersections which provide access to the site, one Movie Marouee Si!!IJ. and building mounted signs. 0 Other than the specified signs, the East "Roo Street streetscape shall be comprised primarily of the installed streetscape landscaping, hardscaping and architecrural features of buildings located near the street right-of-way. Views of parking and retailer facilities should be filtered and gradually reduced as streetscape vegetation matures. The sketches on the following page illustrate typical landscapinglberming adjacent to parking areas and a typical building relationship to the street edge. - 29- 3/ ------~~------ -- ~---''''--'-- Commercial Center Sign Guidelines (C) The following major sign types are anticipated for identification of the Commercial Center: 0 Community Monument/Business Center Signs: These are existing wall signs located at the intersections of East "R" Street with Tierra del Rey and Paseo del Rey. They - identify the Rancho del Rey Community and Business Center entries, and reflect the - community design themes. These may Be relesated Sf æøàified to idemit· the ss--ersiaJ semer uses. 0 Commercial Center IèeBHBsati8B Monument Signs: One Commercial Center Monument Si!!D will be permitted at each of the three street entries These sigHs will 138 peFmitteà at the 6smæereiaJ GeBter eRtry off of East ~'H" Street 8Bà at stller pl:lslis street eBtRes. These signs are to be an "architectura1 element" in the style and character of the center and must be carefully designed to integrate with the existing Community Monument/Business Center signs and the scenic character of the roadway edge. These signs will maintain a maximum hei!!ht of 9 feet (inclusive of si!!D structure) as measured from the top of the si!!D to the adiacent !!Tade below the si!!D. Maximum si!!D width (inclusive of si!!D structure) of these signs will be 8 feet. Q CØB3iÐ8FsiaJ CaRter IàeBtifieat18B. Eigm¡ must Be gFøoo.à æeætes. aBà mB0' Î-Beluàe aBehør taBatE' maBe æà 18;e. The e~e sig.a stRietur:e shan Ret 8J:.:eeeà é feet in kei;l1t, as measRi'sEl Hem aàjaesB.t graàe. The siSB Baa±! Be fJlaseà ÐE. tàe fJrivate let ..1,itàiB. a læaèseafJsà Mea aàjaeeBt to a street. 0 Marquee Si!!D - One movie Marouee Si!!D will be permitted south of the intersection of East "R" Street and Tierra del Rev. This si!!D will be an "architectural element" in the style and character of the center and must be carefully desi!!Ded to inte!!Tate with the existin!! Community Monument/Business Center signs and the scenic character of the roadwav ed!!e. This si!!D will maintain a maximum hei!!ht of 7 feet six inches (inclusive of si!!D structure) as measured from the top of the si!!D to the adiacent !!Tade below the si!!D. Maximum si!!D width (inclusive of si!!D structure) will be 8 feet. - 61 - :s~ -.'''"---,,,,- --- -------------~,----,--~--~ All major signs within the Commercial Center shall be consistent with a sign program approved by the Design Review Committee. The following standards shall be applied to all signs within the Commercial Center: (C) :;¡ 'JB8 BRiG' 1BSIl1:UBBBt sigH is ]3B:ræ.ittøà fsr BaSH æajer reta:Í]er/esHllBereiaJ BHilàiFl; J38è 1"'.1.\..:- 'tà.e GaRter. These sig-BS skaR Be a àesigÐ 1VmeB. is 8SBSisteÐt v:ith tl=1e arshiteerRniiJ. st.-Ie met. sharaster af the Gemer. Þ.1æ~:-Hm æmen5ie:as æ-e 1 feet hi;k (aBs':e finish gFIIàB) BY 7 feet ISRg. - - Building mounted identification signs are permitted, one per principal building D elevation facing a public street up to a maximum of two per building. These signs should be located near the top of the building fascia or on a flat wall (see also sketches under Employment Park signs for placement guidance). D Building mounted identification sign area shall not exceed one square foot of sign for each linear foot of building frontage facing the street to a maximum of one hundred (150) square feet per sign. The number of sings per building may be increased to four and/or the total sign area per building may be increased with specific approval by the Design Review Committee. Any sign over 200 square-feet shall be integrated with and in proportion to the building elevation on which it is located. The following fmding shall be required by the Design Review Committee to allow additional sign area for larger retail buildings: - The sign is in harmonious proportions with the building background. - The sign design blends well with the building architecture and its design merits special consideration. D Building mounted signs shall be internally illuminated or not illuminated and utilize "cut out" or "channel" type lettering. D Secondary wall signs are permitted, one for each department (i.e., garden shop, auto center, etc.). Maximum area for each of these signs shall be twenty (20) square feet. These signs shall be internally illuminated or non-illuminated. D Commercial center directional signs (i.e., "enter", "exit", "customer pick-up", "employee parking", "delivery", etc.) are permitted, with a maximum area of four (4) square-feet per sign. D Secondary directional signs (i.e.. "+---Home Depot". "tJeromes" are permitted with a maximum area of 18 souare-feet per sign. Sign dimensions shall be 4.5 feet in height bv 4 feet in width inclusive of sign structure. D Window (any copy inside or outside a window is a sign) may display temporary advertisements for promotional - 63- 33 RESOLUTION NO. PCM-OO-06 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE RANCHO DEL REY SECTINAL PLANNING AREA (SPA) DESIGN GUIDELINES, IN ORDER TO ALLOW THE PLACEMENT OF FOUR MONUMENT SIGNS WITHIN A PUBLIC OPEN SPACE AREA SITUATED ALONG EAST H STREET AT THE RANCHO DEL REY BUSINESS/COMMERCIAL CENTER, AND PLACE DIRECTIONAL SIGNS WITHIN THE CENTER. WHEREAS, a duly verified application for an amendment to the Rancho del Rey Sectional Planning Area I (SPA) Design Guidelines was filed with the Planning Department of the City of Chula Vista on September 29, 1999 by C.W. Clark and Motivational Systems Inc; and, WHEREAS, said application requests an amendment to the Rancho del Rey SPA I Design Guidelines in order to allow the placement of four monument signs within a public open space area situated along East H Street at the Rancho del Rey Business/Commercial center, and place directional signs within the center; and, WHEREAS, staff has recommended, and the applicant has agreed to, certain additional amendments to support and clarify the requested amendment to the Rancho del Rey SPA I Design Guidelines; and, WHEREAS, the Environmental Review Coordinator has determined the project is exempt from environmental review under CEQA Class I exemption; and, WHEREAS, the City Council set the time and place for a hearing on said amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City as least ten days prior to the hearing, and, WHEREAS, the hearing was held at the time and place as advertised, namely November 23, 1999 at 6:00 p.m. in the Council Chambers, 276 Fourth A venue, before the City Council and said hearing was thereafter closed; and, NOW, THEREFORE, BE IT RESOLVED THAT FROM THE FACTS PRESENTED AT THE HEARING, the City Council amends the Rancho del Rey Sectional Planning Area I (SPA) Design Guidelines, in order to allow the placement of four monument signs within a public open space area situated along East H Street at the Rancho del Rey Business/Commercial Center, and place directional signs within the Center, as shown in Attachment "A." ATTACHMENT "C" 3'f - ------,------- ---------- ----"---,-_.,. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Clerk. Presented by, Approved as to form by, Robert A. Leiter, John Kahney, Director of Planning and Building City Attorney .3\ --"..._......,--,--,,----.._..-------..._-- - -- ---~ -- · P, ATTACHMENT "A" TO RESOLUTION NO. PCM-OO-06 Commercial Center Guidelines (C) The Chula Vista General Plan identifies East "R" street as a scenic highway. This designation requires that special consideration be given to the impact of new - development on the scenic quality of the vieVl'Sbed from the road. A primary goal of these guidelines for the Commercial Center is to continue to maintain the scenic quality of East "H" Street while integrating the needs of major retail uses into the Rancho del Rey Community. 0 Because of the importance of the continuity of the scenic corridor, the Commercial Center plan and zoning regulations have restricted the exposure of signs and advertising to East "H" Street. Signs directed to traffic on East "H" Street are to be . limited to the existing Community Entry Monument (wall) Signs, one Commercial Center Monument Sign at each of the three major streeVentry intersections which provide access to the site, one Movie Marquee Si¡m., and building mounted signs. 0 Other than the specified signs, the East "H" Street streetscape shall be comprised primarily of the installed streetscape landscaping, hardscaping and architectural features of buildings located near the street right-of-way. Views of parking and retailer facilities should be filtered and gradually reduced as streetscape vegetation matures. The sketches on the following page illustrate typicallandscapinglberming adjacent to parking areas and a typical building relationship to the street edge. - 29- -3'" - - ~---",-----_..._-~-_...,._--,_._~,-------------- Commercial Center Si¡m Guidelines (C) The fol1owing major sign types are anticipated for identification of the Commercial Center (sign locations are shown on Page 61-A): 0 Community Monument/Business Center Signs: These are existing wall signs ]ocated at the intersections of East "H" Street with Tierra del Rey and Paseo del Rey. They - identify the Rancho del Rey Community and Business Center entries, and reflect the - community design themes. These m~' Be Feløeateå Sf meàified to išeRtit· tBe EisJ.Ð:B3.ereiaJ samer ases. 0 Commercial Center IàeatHiea1ÌsB Monument Signs: One Commercial Center Monument Si¡m wil1 be "permitted at each of the three street entries These sigR5 will he pe~eà at 1£e SBHHBsfsicH semer BBtfj, off of East "II" Street æà at 81£sr p1ihlis stFeet BBtFÌes. These signs are to be an "architectural element" in the style and . character of the center and must be carefully designed to integrate with the existing Community Monument/Business Center signs and the scenic character of the roadway edge. These si¡ms,will maintain a maximum height of 9 feet (inclusive of si¡m structure) as measured from the tOD of the si¡m to the adiacent grade below the si¡m. Maximum si¡m width (inclusive ofsi¡m structure) of these si¡ms will be 8 feet. ¡;¡ Ceæ:æ.eFsiaJ CaBler IàemifisaB8B Sigas mast 1913 greæå møumeà aà ma-~' mel1aàe aBSkÐr teBaHts' mas aaè.le;e. The eRtire sigs. stnas1ufe shaJl Ret BJ:eeed 8 ¡Set iEl. aøigkt, as measareà Hem aàjaeeRt gæàe. The sign sh.a±l Be J31aseè eEl.. tHe 13ri·}ate 10t v.ità:iÐ. a laÐàseaJ3øã araa adjaee:et t8 a SReet. 0 Marouee Si¡m - One movie Marouee Si¡m will be Dermitted south of the intersection of East "II" Street and Tierra del Rev. This si¡m will be an "architectura1 element" in the style and character of the center and must be carefully desi¡med to integrate with the existing Community Monument/Business Center siø-n. and the scenic character of the roadwav edge. This si¡m will maintain a maximum height of 7 feet six inches (inclusive of si¡m structure) as measured from the tOD of the si¡m to the adiacent grade below the si¡m. Maximum si¡m width (inclusive of si¡m structure) will be 8 feet. - 61 - 37 ,.. _n..__'._..__....._. ...__________'n ________~__,~____.__....___ All major signs within the Commercial Center shall be consistent with a sign program approved by the Design Review Committee. The following standards shall be applied to all signs within the Commercial Center: (C) ::J ORe eB-1:F)' :æaBamBBt sigH is ]36fB.=1i1:!eà iSr Baek æajar Tetailsf/semmereia! lnÚlèiFl; fJa6 7.i...1-.i'R tà8 seBter. 'These sigFls sàaJI àe a lÌesigE. ·;rhisa is sSFl5istem 'v;ith tBe aremteetH:ra:l style mE! eøaraeter sf t:Be semer, },færim.am àH:øensiÐrn Me 1 }ee~ hi;à (aèe'¡e fH:IiGB. graàe) è:; '7 feet leRg. - - Building mounted identification signs are penuìtted, one per principal building D elevation facing a public street up to a maximum of two per building. These signs should be located near the top of the building fascia or on a flat wall (see also sketches under Employment Park signs for placement guidance). D Building mounted identification sign area shall not exceed one square foot of sign for each linear foot of building frontage facing the street to a maximum of one hundred (150) square feet per sign. The number of sings per building may be increased to four and/or the total sign area per building may be increased with specific approval by the Design Review Committee. Any sign over 200 square-feet shall be integrated with and in proportion to the building elevation on which it is located. The following finding shall be required by the Design Review Committee to allow additional sign area for larger retail buildings: - The sign is in harmonious proportions with the building background. - The sign design blends well with the building architecture and its design merits special consideration. D Building mounted signs shall be internally illuminated or not illuminated and utilize "cut out" or "channel" type lettering. D Secondary wall signs are permitted, one for each department (i.e., garden shop, auto center, etc.). Maximum area for each of these signs shall be twenty (20) square feet. These signs shall be internally illuminated or non-illuminated. D Commercial center directional signs (i.e., "enter", "exit", "customer pick-up", "employee parking", "delivery", etc.) are permitted, with a maximum area of four (4) square-feet per sign. D Secondary directional si!!ns (i.e.. "(--Home Depot". "tJeromes" are permitted with a 'maximum area of 18 square-feet per si!!11. Si!!11 dimensions shall be 4.5 feet in hei!!ht . bv 4 feet in width inclusive of si!!11 structure. A total of 4 secondary directional si!!11s in the locations shown on Pa!!e 61-A is permitted. D Window (any copy inside or outside a window is a sign) may display temporary advertisements for promotional - 63- :0 ".,-, ..-.- .. ..~----'. .-----,' .. "..--,--.-....--.,-----.-.----'-'--- - CASTER r'AMIL Y ENïERPRiSES - 4607 MISSION GORG:: P~.. SAN DI::GO. CA 92120 - EL.: (619) 267-8573· "FA>: (619) 267-2493 October 22,1999 - I~,I< I[; ~ ~ \'H ~ - - i The Planning Commission of the City of Chula Vista c/o Steve Power, Project Planner ¡ ,II i : " ~- ,- 180" ¡ I City of Chula Vista Planning & Building Services Deparnnent 276 Fourth Avenue ¡..J L.¡ J. _:I ,--~ I Chula Vista, CA 91910 : , I ; PLANNING RE: Master Signage Rancho del Rey Business Center Case No. PCM-00-06 Planning Commissioners: We ar~ the owners of Lor 10 on Lazo CoW1 in the Rancho del Rey Business Center. . It was our understanding for severa] months before we acquired the lot in July '99 that representatives of the ! City ofChula Vista wanted to have a master signage program implemented for the Rancho de] Rey Business Center, which speciñcalJy including predominate monwnent signage along East "ROO Street. lDdeed, our acquisition of Lot 10 was predicated in part by the pending signage program. In that the business center was converted from a business park to a regional retail center, it evident and necessa.ry street signag~ along the primary adjoining thoroughfare is mandatory for the retail center to effectively compere. The Rancho del Rey Business Center, even as its name implies, is inherently at a disadvantage versus competing larger retail centers, such as the Terra Nova Plaza, Bonita Point Pl.". and the Eastlake ShoDPinQ" Center. .l\.1so, the original business park layout of the center resulted in a circulation plan utilizing public Streets, such as Paseo I del Rey and Tierra del Rey. Going concerns located off these, streets cannot be seen from East "R" Street. As I such, it is imperative there is adequate monwnent signage East "Roo Street. I We support the applicant's design of the monument signage, which incorporates interna11y i11uminated signs, and individual signs incorporating lettering and colors of the speciñc retailers. This form of street signage is consistent with the three retail centers sited above. Not only would standardized lettering not be acceptable, few, I if any, comparable retail centers in the City of Chula Vista, or adjoining cities, have standardized lettering. Please give the applicant due consideration to the above when considering the proposal at the Planning , Commission . g to take place on October 27, 1999. B' , 3'1 Officer of the General Partner ATTACHMENT "0" ---- u.,_...__u, _., ,~__....'" __ __ ________ , .. ....m.. _ ________.._,__~_____.___~___.., .. . , . . . . '-;;¡I3(J) G\>-O-l t 9' -0" t IZ;¡I3;¡13 -Im.-C: -'-0£1 z(J)G\c: G\ : 0;¡13 7' - 6" :::Es::m t t zI>: ¡:¡j-l;¡l3>- m7<.- 7'J»:c z(")~s:: nn >-7IJ--- '-<~z :<.;c .(")(")s:: -"""IJ7IJ(") -1>--<>- z·z m(")(j) ,/:..~\~:' '(")-1 ~ " .' -nC7IJ " " >--IC '-......- (")O£¡ = , " Œ~c , ~ þ , , " """IJ::E7IJ ~, , ¡ , >--Im . . ... 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Item number 18 is also a public hearing PCM-OO-06, consideration of an amendment to the Rancho del Rey Sectional Planning Area I guidelines in order to allow the placement of four monument signs within a public open space area situated along East "H" Street, and place directional signs within the Rancho del Rey Business/Commercial Center. Resolution amending the Rancho del Rey Sectional Planning Area (SPA) Design Guidelines, in order to allow the placement of four monument signs within a public open space area situated along East "H" Street at the Rancho del Rey Business/Commercial Center, and place directional signs within the Center. The City has been working with the management of the Rancho del Rey Business/Commercial Center toward the creation of a sign program for approximately one year. Tenants of the Center feel that their businesses are not visible from East "H" Street and that signage situated along this street is necessary in order to attract customers. The applicants are proposing to place four monument signs along East "H" Street. They are also requesting that new directional signs be allowed within the Center in order to facilitate vehicular circulation and parking. The proposed signage requires the modification of the Rancho del Rey SPA I Design Guidelines. This item was continued from our meeting on November 16th, and at this time I win open the public hearing. Are there comments from staff before we continue? Bob Leiter: Yes, Madame Mayor, Steve Power, our project planner, win make a brief Power Point presentation on this project. Steve Power: Mayor and Councilmembers. This item does involve the placement of signage at the Rancho del Rey Business and Commercial Center located on East "H" Street. Before you, in this slide is a site plan showing the general view of the project site. It is an existing property, existing and fully developed. Access to the project is via three primary entries, at Paseo del Rey at the west, Avila Way, and then Tierra del Rey at the east. The general character of the site consists of parcels that stair step down from east to west. The City owned open space parcel is situated along the right- of-way of "H" Street at the location of the Center. The sign locations on this particular slide are shown in red. Basically they're monument signs that we placed at the different entrances to the site, as wen as a movie marquee sign. The Rancho del Rey Business Center was originally conceived as an employment park around 1985. It was designed to be unobtrusive and wen hidden from East "H" Street, which is a designated scenic roadway. The original intent of this development was to provide employment opportunities to area residents, in an unobtrusive situation, where basically the buildings would disappear over time with landscaping. As the slide shows, landscaping has grown in, is mature at this point. It has effectively screened the development from East "H" Street. It has served its purpose. One particular point though, in 1992 it was realized the site was developing slowly, and additional development was --....,-. ----------,-----_.... needed so that Rancho del Rey SPA Plan was modified in order to allow business and commercial retail development, which is presently out there. A great portion of the site is, or does consist of retail. You have Costco and K Mart, and various other large floor area businesses. Businesses within the Center have indicated that in order to be competitive and financially viable additional exposure to East "H" Street is necessary. As you can see in the slide, the ftontages of the stores and the signage on those frontages, is more or less screened by the vegetation. You can see it in some places, but as you can see in slide "D" - as you can tell the center is pretty well screened with vegetation. The City has been working with the management of the Rancho del Rey Business Center toward the creation of a sign program that meets the needs of businesses within the Center, as well as the aesthetic and safety concerns of the City. The applicants are proposing three monument signs be placed along East "H" Street. One sign would be placed at each major intersection to the center. Monument signs would measure 8' in height by approximately 8' in width. They'd consist of an aluminum framed or canned structure with a tan stucco finish. These particular elevations are lighter than actually what would be out there. The proposed monument signs would be matching the existing wall signs which are out there, to remain on the western comers of the intersections to the Center. And - also they would match the existing buildings, which are also more of an earth tone. The monument signs would replace existing wall signs located at the eastern comers of the intersection of Pas eo del Rey and Tierra del Rey. Another sign would be added at Avila Way where there are no existing wall signs. These particular slides show what the signs would look like once in place. Also proposed is a movie marquee sign, which would be south of the intersection ofTierra del Rey and East "H" Street. This is the easternmost entrance to the Center as you're going up the hill on East "H" Street. This particular sign would measure 7 Y2' in height by 8' in width. Materials for this sign would be similar to the materials for the other monument signs proposed. This particular sign, staff had originally recommended against. The DRC also did not approve this particular sign in their review of the sign program. The reasons for the negative staff recommendation, as well as DRC negative recommendation toward this sign would be, basically there would be three monument signs placed at each of the intersections, one per intersection. The feeling was this was additional signage that really was unnecessary. There is an existing movie marquee on the theater. And - also it was felt that the lettering on this sign would be somewhat difficult to read passing by in your car, and also as you can tell, there is a lot of vegetation, some of which may have to be removed in order to make that sign visible from East "H" Street. Because the DRC did deny this particular sign, presuming Council approval of this sign, it would be required to go back to the DRC for approval of materials and (copy?), and that sort of thing. Also proposed are directional signs, which would be placed within the Center. As most of you know, driving within the Center sometimes can be confusing because it's hard to get oriented in the different levels in the Center. These signs would help to point motorists to the particular destination where they're going. It will help facilitate vehicular circulation and parking. These signs would also consist of an aluminum can structure with a stucco finish. These would be ground lit. The other signs would be internally illuminated. The proposed signage would require the modification of the Rancho del Rey SPA I Plan. That particular Plan is very specific in terms of what signage is allowed and what is not. The signage ------~~~-,---",_._--_.._--_.._------- . that's proposed with this particular sign program is not presently called out as being allowed at the Center. Language to be modified is in attachment "Coo of your staff report. This SPA (minute?) was approved by the Planning Commission on November 3'd of I 999. The sign design was approved on November I", with the exception of the movie marquee sign. As I stated previously, staffhas been working with the applicant toward a mutually agreeable solution. The City feels this is a win, win situation where the aesthetic and safety concerns of the City have been met, and the need for added exposure to East "H" Street has been met on the part of business owners. Staff reconunends approval, with the exception of the movie marquee sign. The language within your draft resolution in Attachment "Coo does contain the proposed movie marquee sign. This concludes my report. Horton: Is that the end of your presentation? Power: Yes, thank you. Horton: OK. I do have a few speaker slips on this item. I will call you up individually. You have five minutes. Please state your name and address for the record. Craig Clark. Craig Clark: Madame Mayor, Councilmembers. Thank you for your time this evening. I'd hoped maybe not to have to say anything, but I believe that one part of the Power Point presentation that I take exception to is the monument sign for the Regal Cinemas. Yes, the Design Review group took exception to that sign. Since that hearing, I believe we've reduced the sign in size. We've got fewer numbers of movies on the sign. If you remember, the marquee that exists on the Regal at the entrance to the parking garage is truly very visible, if you've turned to the north on Tierra del Rey and you're looking directly at it, and or stopped at the stop light you can read it. But, if you're like I am, I drive home in the evening, and many times I'll notice when a movie switched because they have a monument sign on the street that I go home on, and it's very convenient for the people who use the project. If they can see a half a dozen of the top movies that happen to be at the sixteen-plex at any given time, they'll go home and maybe take the family out, and come back and attend the movie. Regal needs that sign. At the moment the AMC has definitely taken a serious chunk out of what's going on. Loge Theaters is planning a large multiplex in the Bonita Mall. We think we'd better load our guns with all the anununition that we can. Bad terminology, apologize for that, but you get the point. We'd better do all we can to make sure that everyone realizes that this is where the Regal Cinema is located. Especially when there's so many new residents moving into the area. It's not as if it's the same people coming by all the time. You've got a lot of people coming down to look at homes, to go to the Olympic Training Facility, to go to the Coors Amphitheater. We'd like them to know that this entertainment is here. We've got our consultants who've done the sign for us, are here to answer your technical questions. Weare really trying to make these things blend in as much as we can, yet still do the job for the cars that come by so rapidly. Any other questions, I'll be here to try to answer. Horton: Thank you very much. _ _________m___ -----~~,--^- Salas: Madame Mayor, I do have a technical question. So, probably it's better for the people that designed the signs. In looking at the proposed changes, or the proposed signs that you have up here, and seeing that the existing monwnent signs - There was some kind of confusion on my part, looking at what's existing and where you're going to remove them. I can see the little outline there, but the question is, are you still going to have the existing monwnent sign that you're going to leave there intact. Is that still going to remain at that, kind oflike, 45 degree angle? Horton: Now, are you asking him about the Regal sign, or just the general signs... Salas: The general... Horton: I think that we need to ask those questions of staff. Salas: Oh, isn't this designed by MSI? (Answered in the affirmative) So, do I ask the questions about why they placed the signs the way that they did... Horton: So, you don't have a question of Mr. Clark? Salas: Not in the regard to the Regal. That's part of all of how they did the layout. (Leiter?): Mr. Clark represents the overall shopping center in the proposal, so either he or one of the MSI representatives would be the best person to answer that. Craig may want to decide who. Horton: OK then, are you Ms. Hernandez? (Answered in the affirmative) I need you to state your name and address for the record. Hernandez: Kristen Hernandez, MSI, 2200 Cleveland Avenue, National City, California, 91950. Salas: Thank you. I do believe that Mr. Clark did ask us to address technical questions to the sign people. The way it appears here on the diagram is that you've got the remaining sign at a 45 degree angle, and then you've got the new monwnent signs that are jutting straight out into the street. Hernandez: Perpendicular with the street. Salas: Right. Perpendicular, if that's the terminology. It seems to me that having it at an angle at least softens the impact of having to see it, the visual impact as you're driving up there, while still being able to read it. In other words, if you retain the angle on it, you would still be able to read the signage of it. But, it wouldn't slap you in the face when you're driving up on it, is what I'm trying to say. How do you put the signage up there with the least visual impact, and still allow people to identify what is within the Business Center? Hernandez: That was our challenge. I think that we accomplished our goal. Nwnber one, we had a real readability issue on this street. Nwnber one, traffic is going extremely fast, and you're also looking at the retail center that's sitting above the street for the most part. Again, we had a readability issue. The existing signs, there's four of them, and they are placed at Paseo del Rey and Tierra del Rey entrances, and there's four, two on either side. The side that the new sign is going to be placed, that existing sign will be demolished. But, the other one we're leaving, as a softening to the entrance. Unfortunately, those existing locations are not adequate or effective for readability of these signs. The reasons why we brought the signs down towards the street was because we wanted them to be double-faced, they need to be hitting traffic going both ways, and we needed the readability. The existing signs sit way back off the street. They were put there for a commercial center. This is now, more or less, a retail center, and we need to get tenant identification. One point that I think was left out is that, not only is there a tenant identification issue that we need to deal with here, there's also a safety issue. I know that many times when I've been up and down that street, it's very difficult to figure out which retailer is where, and which entrance to go into. With so much fast traffic, and then some people braking to figure out what's where, we really felt that we were increasing the safety along the street as well as tenant identification. The signs were placed there so they could be double-faced, read ITom both directions. Again, we understand that they are in a different location. They're definitely more publicly viewed. We actually, as a consultant to C.W. Clark, went out, looked at the designs of the signs throughout the City ofChula Vista, along "H" Street, and the current architecture within that Center. In addition to signs along "H" Street that are part of the Rancho del Rey area, and came up with a design that we felt was consistent and pleasing to the eye. Did that answer your question? Salas: Well, it certainly made the argument for the readability ofit, and I understand that. The other part, the really tough part of this issue, is the preservation of nice landscaping. And even in the presentation it was noted that mature landscaping may have to be torn down in order for these signs to be visible in some areas, some of the placements of it. Hernandez: In actuality we went out and did, we reviewed each site, and for what you are getting in return there's actually very little landscaping that needs to be either modified or removed. Although we have not identified exactly what's going to be there, but we are working with the City to identify that. There will be some pruning of trees, and basically, that's the majority of it. There may be some bushes that will need to be removed, but that's definitely being considered. To keep in with the whole aesthetic feel of the place. It is not our intent, nor is it C.W. Clark's intent, to go out there and start hacking out the landscape. It doesn't benefit anybody. Salas: Thank you. Horton: Thank you. Do you have any additional comments? Hernandez: Let's see, I think that's it. One thing I do want to make a comment on regarding the movie marquee, is that while Design Review did share some challenges with us regarding that particular sign type, Planning Commission did approve it. They felt that a), it would help the center in bringing in some revenue, as well as the City, and with some of the other competition of movie theaters that have come in Chula Vista. For example AMC. Regal was very, very exited to have this further identification of that cinema that is definitely way off the street. So, Planning Commission did approve that. --,---,-----'~-',_.._,,--',~-"--'.-_....--' -- Moot: Where is this other Cinema...that' s the competition. (Answer inaudible) Because, I was going to say, I live in the area. I wasn't aware of any Cinema in the vicinity. Salas: Just another comment. In the Power Point presentation, I know we were told that's not the finished project, and that's not the way it's going to look. The existing signs, because they're that earth tone, have a real soft look to them. I think that seeing the sign up there, not in the finished fashion, it just really makes it look like it's going to stick out like a sore thumb, and I think that it would have been really helpful to at least soften it, or put more of what the real tones were going to belike. Power: Again, we did indicate in the report that they are planned to be earth tones, and I think we have reader boards in the office that we've looked at to confirm that they will in fact match the existing monument signs out in Rancho del Rey. In retrospect, it would have been good for this set of graphics to have used the same colors as the proposed signs. Horton: I think it would have given us a more realistic view of what the fInished product would look like. Hernandez: We did design the signs to have a stucco fInish to match the existing signs out there. Horton: So, when we look at these signs, will we be looking at all these different colors for special identifIcation? Hernandez: Yes. Horton: The Council could ask for a more conforming lettering and colors, if you will? Hernandez: Let me give you our thoughts on that, one of which we discussed with Design Review and the Planning Commission, and that is, you are dealing with a readability issue here, and when you have companies' logos, there's much more, there's a quicker identification of what is there than if it's all in the same copy, all in the same color. Horton: I know, but it's also my responsibility to protect the integrity of that area, and not have it become a mish-mash of color and signs just for the purpose of this shopping center. Hernandez: Well again, we proposed it with logos so that there would be a readability issue, and an identification issue for the tenants there. From our perspective it goes back to the safety issue. Again, quick identification ofwhat's located where. Horton: But you could have that in the interior once you pull into the Center, for the special identifIcation and direction that you're talking about, more directional interior signs. Hernandez: Again, it's - as a sign consultant, this is what we have proposed because we feel this is the best medium in which to identify what is in the retail center. Horton: Thank you. Anything else? --,- ------ _.._--~--- Moot: Is there a reason one of these signs doesn't have a board for the Regal Cinema? Hernandez: I believe that it's on one of these slides, there it is. Moot: Okay, but if there is no reader board for Regal Cinema, how would you handle that sign? Hernandez: If there was not? Moot: Yes. DRC didn't like it, and ftankly, I don't think it's very effective either myself. I mean, I go to that cinema probably once a week with my children, and I always know the movie I'm going to from reading the newspaper and driving over there, and I go there because it's five minutes from my house. I don't see the AMC on Palm and 805 being the confusing factor in the need for this particular sign. I mean, it's four freeway exits down the freeway. No one in and around that complex is going to drive four freeway exits when they can be at this cinema in two minutes. I guess, I certainly think there should be a sign so they know it's there but to have this up on the street and people trying to read what movies there are, I don't, the cost benefit of it doesn't strike me as being critical. Hernandez: Craig, would you like to respond to that? Horton: No, he's already spoken. Hernandez: All right. Let me say, one, that the AMC on Palm and 805 is a 24-plex, which has quite a few more cinemas than this particular location, and Regal does feel strongly that AMC is definitely a competitor to them. That's one point. The second point is that Regal really and truly is way off the street, and most cinemas - if you look around the County - do have some type of reader board to identifY what's playing at that theater during that particular time frame. This particular theater right now does not have that ability to do that, so again, it is defmitely a tenant identification to help them. Horton: Mr. Clark, I'm sorry, I didn't realize - I thought she was asking you for additional comments. If you were just responding to a question, then that's fine. If you have additional comments to that. Clark: Regal's volume is down 35% since they opened. Since I own that place, it matters a bunch. More importantly than that, though, is it really is a public service to have it there. It does work. I mean, I use it. I know a lot of people that use reader boards. It's unfortunate that the only lot big enough to put the theater was a block off the street, so you really can't see it from "H" Street until you make the turn. And the fact that I know Loew's has made a deal with Westfield in three malls, and Bonita is one of them. It really will impact this, and I'm very disappointed, as you are, that these signs aren't the tone that we've approved because it would make a huge difference. Seeing it white, stark against the green, makes it looks like some giant thing, and we've done earth tones not only behind the letters, but we've done earth tones on the post, so the whole thing is a neutral color, in a tan, with the letters on top of that. And the tenants do - I mean, K-Mart will be here for the next three years talking to you if don't get their logo approved. Horton: Well, correct me ifI'm wrong, but we have other major theaters in the area that don't have special signage to be very visible to the public, like the Sweetwater and one in Chula Vista Center. --"--~---,-,-_.._,-,..~,_.".. ....-.'----- ------------ Clark: And some of them will be closing pretty soon, too, and we don't want this one to close. Horton: But I don't thinkjust having the signs out there is going to eliminate the competition, if you will. If they continue to build these big theaters, it's going to create competition, and there's only so much absorption, viewers... Clark: It's a convenience item. It will help. It will show a lot of people who are coming in here to visit what's on, it will show the people who live here what's on, especially Mr. Moot, who lives a block away. He'll pullout the newspaper and see what time it starts if he sees that the movie he wants to see has just moved in there. That's what I do. That's what a lot of people do. And, if any of you have driven down a road where that happens - on El Camino Real in Del Mar, in La Jolla Village, on the freeway at La Jolla Village Square - there's a lot of them. Most of the theaters sit right out on the road, and you can see it from the road. Horton: But you know, we have a different scenario here. We have kind of a cul-de-sac, if you wilL And you're at the end of the City ofChula Vista, and your draw is probably within that residential community. I know when my husband and I go to the show, your theater is where we go first, and I rarely now frequent some of the other ones in the western sections of Chula Vista because this one is so convenient, and I think a lot of people, as Mr. Moot shared with you earlier, do the same thing. So, it's not, I don't see it drawing from outside of the area that much. Because we're not on a freeway. Clark: When you're busy, as you are, and when you're busy as I am, you can only go to the movies at certain times, and you want to see a certain movie, and it does help if you know where it is, and it will make a difference. We know, and Regal knows - they're the largest theater chain in the country - they know it makes a difference to have this. It's our job to make it look good and acceptable to you, but we've put a retail complex in the middle of a quote, unquote, view corridor. We can't do anything about that. But now that it's there, to help these folks make it - 'cause K-Mart knows they're not getting the volume they should get for where they are - we need to try to fix it, and the City asked me to head this up - to fix it - and I've been trying, but wow! It will make a difference. The national retailers who know what they are talking about from a volume standpoint and what it does when they do have it and when they don't have it - it will make a difference, that's all I can tell you, and we'll make it look good, which is all I can do. Horton: Well, I personally am having a real problem with these signs, because I think it's our responsibility to protect the integrity of that area and the scenic highway, the designation. And this was something that was approved many years ago by a prior CounciL However, I also understand the dilemma explained by the person from MSI. But this particular sign is the one I have a real problem with. So, I think what Mr. Moot was saying is, on your other kiosk, to add the Regal name to the entrance, because you can't see if from the road, that the Regal is in the back. So, I'm just giving you some options. If this one isn't approved, does the other one at least help give you some identification? Clark: Anything helps. -~--_..,'------- Padilla: I have some more questions for staff on the general issue. It seems to me there's always a balance of interests and balance of history here, I guess, and I think some of it, frankly the City - we can't foresee the future, and in 1992, the City made a policy decision that changed the designation as to what would be developed in that particular area of Rancho del Rey. It obviously has turned out, in my view, on an overall level, very successful. I think from an economic standpoint it has been very successful because we have seen the addition of anchor tenants, we've seen the market draw that they command slowly increase. I remember going there and shopping when they first opened and saying a prayer that anyone else on the planet would realize it was there and come sometime, and eventually you go there and people are actually there and you breathe a sigh of relief. But it's interesting to fmd out what, if any, consideration of the planning and particularly signage and design implications were discussed at the time that decision was taken, because I think we're looking at a problem that deals with the fact that we have a largely retail type of an area now that's situated in an area that really graded and originally planned for more of a strictly commercial! industrial type oflow-profile use, and that "H" Street, I think the Mayor is correct, is a premier statement of Chula Vista, in fact I think "H" Street itself, believe it or not, to the dismay maybe of Rancho del Reyand some others, is still very much affiliated not just with Rancho del Rey but certainly with EastLake, and there are development people from outside of this part of the County that always talk about that entrance of cruising down "H" Street on their way to EastLake and the statement that that presents to folks who come through Chula Vista provides them with a very different image than unfortunately what some have of our city. So, in some regard I think, Madam Mayor, we kind of got ourselves into this pickle. On the other hand, I don't think it's productive or even on point to try to engage in a discussion about what marketing strategies work. You're not going to convince me, Sir, that if we don't have these signs out on "H" Street, that the complex there is going to fold up and blow away in the wind. You're not going to sell me on that one. I think it's going to survive and I think it's going to thrive, frankly, and I think the Mayor is right that there are other considerations we have to balance. But I'd be interested, to get back to the question, is what is the record on this issue? When we made that change in 1992, did we not consider the implications that with the largely retail, somebody's going to come back and say we want to have the mile of cars on "H" Street. What, if any, dialog took place on the issue at that time? Moot: Well, I can help. I was on the Planning Commission at the time. Horton: And I was on the Council. Moot: And 1 remember this room being fairly packed with people vehemently opposed to the change. I mean, this room was literally filled with people who said, you cannot turn this into a retail center, and it was tremendously controversial, frankly, at the time that we did it. In fact, I think I even voted against part of it, much to the dismay of the then owner of it. So, no, I think at the time it was not well accepted in the community that this would be a retail center. That is certainly my distinct recollection. Leiter: I think you're right, but I think the main concern on that was tied to traffic more than to visual character. I think the main concern was the increase in traffic and whether the traffic mitigation measures that were proposed at the time were really going to work. But I think it was recognized that there would be a change in the visual character of the area. However, at that time, I think that we also expected that almost all the buildings on the site or the vast majority would be the big box retail, and those had sign entitlements which would be visible from the street. I think what happened over time as the project developed, though, is that we also had some of the smaller retail users go in, and some of the larger big box users that might have initially been visible from "H" Street are no longer visible because of the other projects, so it's one of those kinds ofprojects that in retrospect, if we had known exactly how that project would build out, we might have predicted the need for these monwnent signs earlier. But in looking at it a year ago, we could see both that the landscaping had probably provided more screening than we expected and that the actual buildout of the project had blocked the view of some of those larger building signs, and that's where I think our staff became convinced that there was a need to provide some monwnent signs along "H" Street. Moot: And I would agree that obviously it does need signage today. I don't think that's seriously in dispute. But I do remember, though, the reaction when - remember, they were proposing the auto dealerships there? There was a big uproar about signage and it looking like the mile of cars. Horton: And Mr. Moot is correct. It wasn't only the traffic that they were concerned about, they were concerned about the visual impact, specifically something like this, so that was part of the conversation, since I was here in 1992. Davis: My comments. When we switched this from being the manufacturing/industrial employment center we thought it was going to be to now moving into the retail, or power center as we called it then, and I was at all those meetings, even though I didn't sit on anything, I was in the audience for every one, including the auto park, and the big concern was the visual, was the lights would reflect into them, the traffic, the driving of the cars into their streets, the test drives, things like that. But my memory tells me that we did not change in landscaping on the periphery of this development. We kept the same type of landscaping that was there to hide industrial/manufacturing, cars, people going to work, so now we need to backstep and correct the situation because we didn't really plan when it went to the retail to revise the frontage and the visibility to the businesses that obviously they do need. So, I think we need to work to come to an agreement as far as the kind of signs that would be less obtrusive, because I believe that they defmitely need them, and that was something that we didn't plan for when we switched from the original use to the present use. And that's my concern, that we work to make that happen. And, you know, the first three signs, the ones that have the K- Mart and that and with the earth tones, I think that's satisfactory, and I think that will help you and I think that's not as obtrusive. I'm not sure where I am with the Regal marquee sign -I'm still out there - but I think those are necessary and I think we have to correct the planning that we did then based on a different usage than we have there today, and that's my concern. Leiter: I just wanted to also reiterate that staff did spend a lot of time with the applicant in trying to minimize the visual impact of these signs while still making them effective, and one of the things that was done unfortunately isn't reflected in the presentation was to make sure that not only the sign structures but also the background panels to each of the signs are of the same earth tone color as the walls and the large monwnent signs, and I think if you see it in that context, the logos and the use of colors for the lettering itself is less visible or less obtrusive than it is when you see it with the white background, and as Mr. Clark indicated, we were also anxious to have these showing the proper colors and requested the sign company to provide that information but they, for whatever reason, weren't able to do that, so we could certainly bring that information back to you at a future date if you'd like to see what they actually look like with the proper colors included. I think you "" -,-_.. ._----~~ . _._-----------,--_...._----,-._,-~---_._- could certainly take an action on the proposal without that information, but we can certainly provide that information to you at a later date if you'd like to see that. Horton: I have one more speaker slip. Mr. Davis, Rod Davis. Davis: Rod Davis, 233 Fourth Avenue, representing the Chula Vista Chamber of Commerce. I'm not sure I know where to start. This is the worst shopping center in southern Califomia because it was a horse designed by a committee, which turned out to be a camel. It should never have had berms, it should never have had trees, it should have had bushes that let you see. It was never changed one iota from when it was going to be an industrial park. I took the City Manager on his first Friday here on a ride down "H" Street and I said, What's in that shopping center? And he said, What shopping center? I said, Where's the bowling alley? He said, What shopping center? Eighteen thousand students a day go to Southwestern College by that marquee that they want to put up for the theater. I want to tell you right now that if the K-Mart doesn't make enough money, the K-Mart will close. If Regal Cinema doesn't make enough money, the Regal Cinema will close. AMC 24 is a member of the Chula Vista Chamber of Commerce. They're out actively marketing in the community, they're a great theater, they're right on the freeway. The Loew's group is going to build 16 theaters at Plaza Bonita in a new building in the parking lot. Cinema Star, which has a huge sign above the escalator at the Chula Vista Center, so they can display what's on that's easily visible from "f' Street, is negotiating with the Center to build 7 more theaters, including a new wall- mounted sign that will be even bigger. And William Tuescher at Crystal Bay is proposing a multi- plex there. In three years, we have gone from 7 motion picture screens to 56 on the drawing board and approved. The one in National City is approved. We depend on sales tax revenue as the single biggest direct source of income to this City, and we've built a shopping center that you can't see. We have the busiest street in town, and we have a l6-plex theater that cost millions and millions of dollars - it's a beautiful facility - that has yet to have a line at the ticket window. They're not going to stay if we don't give them something that brings people in. And it's not the people - they didn't build that 16-plex for the people who live within a half a mile or two miles or three miles. That's a regional shopping center for the Home Depot, it's a regional shopping center for the K-Mart, and if we don't participate in making them a successful regional shopping center, then I guarantee you that as any of you would do, when the bottom line doesn't stay black, you solve the problem. If we want that shopping center to stay there, to continue to contribute to the community, then we have to strike that balance. I think that balance has to include this sign, so we would urge you to support the proposal. As we've seen it - and I would ask you to pass it tonight - it's been a long time. My last two points are: Trader Joe's made an offer on lot 16. Everybody wants Trader Joe's. Theywithdrew the offer when they found out there was no signage. There was a major steakhouse that made an offer on a lot Mr. Clark owns - I won't reveal the name 'cause you probably wouldn't want me to do that - next to the bowling alley, and they withdrew the offer because there was no signage available. So, two of the things that this Council has said they really want to bring to town - a name restaurant and Trader Joe's - would be here if we'd had signage when we changed this from an industrial center to a shopping center. Thank you. Horton: Thank you. Is there anyone else in the audience wishing to address the Council on this item? Seeing no one, I will close the public hearing. ___ _____m__ ---------,~ ----..--,.-.-,-.- Padilla: Just a couple of comments and make a little bit of a response to Mr. Davis' comments trom the Chamber of Commerce. I would agree that I think anybody would say that any business that can't keep the margins is not going to hang around, and making money certainly is the bottom line for these folks. However, that isn't the issue when it comes to looking at an issue like this. It's always these small issues which become the big issues of discussion at a Council meeting and then we're going to deal with some multi-million dollar bond issue in a few minutes, and I'll guarantee we'll take about two minutes on the whole item, so bear with us as we talk about signs on "H" Street. But it doesn't necessarily mean that if they don't get the particular sign you want that you can't make money and you're going to go out of business. There are a number of factors that go into marketing and drawing a market in a particular business, and you have to balance the two. I'm not going to be convinced that if we don't give the applicant, Madam Mayor, the exact signs they want, the exact size, the exact colors, the exact dimensions, that we're going to be ruining Rancho del Rey's commercial center. I think that's really on the border of ridiculousness, to believe that. I think there's a valid point to be made that there needs to be some additional exposure for the businesses there, and the responsibility of this Council, frankly, Madam Mayor, is to make sure we do so in a fashion that's respected by the community that elected us. I spent 13 years working in a small city that's known for its aesthetic beauty and its planning and it has a great tourist industry, and they are probably the strictest, hardest-nosed people when it comes to design, signage, and everything else, and they do pretty dam well in the money department. So, I don't think you necessarily have to stick a giant sign up everywhere in order to say your business is going to be successful, and I'll never buy that argument, because my personal opinion on the aesthetics of what I see up here? Frankly, it bothers me and it's a little tacky, to be honest with you. I understand the need for it. That I'm not going to argue with. I would lean in the direction, Madam Mayor, that we find a solution that provides some additional exposure but does so in a tasteful and subtle manner. I think we're long past the planning - we should have talked about this back in 1992, ladies and gentlemen, but we've got an area out there that is well designed, well landscaped, represents this community well, in a tasteful fashion, and a successful retail center trom behind it, and it's done pretty well so far, both from my experience and trom my information, where it's situated now. I think we should, Mr. Davis, do what we can do to help them as a city organization, but that doesn't mean always giving everybody everything they want just because they can make money at it. If we took that attitude, there wouldn't be planning. There would be no such thing as proper planning in a community. So, I don't believe in carte blanche, but I do believe in reasonableness and, Madam Mayor, I think that we can find a way to do something subtle and tasteful that provides a little more exposure, but trom what I'm seeing so far, I would share some of your concerns, and I can't think of any other word- I'm sorry, I apologize - but tacky is the one that comes to mind, and I don't want tacky on East "H" Street in Chula Vista. Salas: Madam Mayor, Mr. Padilla's comments lead me back to my original question or actually concern, and that was that I think that if we would have seen on the PowerPoint presentation what the real colors were going to be, it wouldn't have been so offensive to the members of the Council. I also believe that when we made a policy decision to move from an industrial park to a retail, then it's our responsibility as a City Council to make sure that we do all that we can to make sure that the businesses within are able to thrive. I know that I shop at that shopping center quite often because my house is literally a half a mile away from that shopping center. I shop at Costco all the time. I run into K-Mart. Costco is very, very crowded all the time. K-Mart could use a lot more business. I just recently bought a dishwasher at Appliance City. In the two years that Appliance City was ----------- -------'--- ---.. ------ -- there, I didn't even know it was there until I happened to look over from Chile's and then I saw an appliance store there and thought I'd check out their prices. So, yes, the Costco's, even the K-Marts have a distinct advantage of drawing people there just because they are consistent, repeat customers. But a lot of those shops that are in there are like once in an every ten or twenty-year use, like Krause's Sofas or the appliance store, and I think it's those kind of stores that we really have to accommodate and work to have these signs out there. I don't like the way the signs are actually situated, but I did agree with Ms. Hernandez' explanation about why they were situated that way- it didn't occur to me when I was reading the materials that you have to have two-way visibility in order for these to be effective. I think I would be more comfortable in supporting this sign program seeing what the real colors are. I think that once we saw that, it would soften it. I can't agree that they are tacky. I think that they do disrupt that scenic landscape, but it's already disrupted by the cuts that are there, by the traffic lights that lead into the stores and all. It's already broken up as it is. We depend on sales tax revenues, as Mr. Davis alluded to, and I believe that the competition of the Regal Cinema - this is a unique movie theater. I don't know why they decided to build a movie theater there, because it is so far away off the beaten path, and there's a lot of people that just know about a place by driving by, and it's really a shame that that thing is dying on the vine and that a lot of the smaller, one-type shops are dying on the vine in there, and we see them move in and move out. If we made that policy change back in '95 to make this a retail center, while it is our responsibility to maintain the beauty and integrity of that area, we do have to find a way to get that signage there. It has been a consistent complaint with the business owners all the time. There are some businesses that are going to naturally thrive all the time without having that signage there, but others really are dependent on that. So, I hope that we'll consider this, not looking at the PowerPoint presentation that's right there, and I'd like to see what it really looks like before we make a final decision on this. Horton: Are there any additional comments? I agree with all the comments that have been made here on the dais, and we definitely need better identification for some of the stores within the retail center. However, when I look at the kiosk sign, you see maybe four businesses identified. Is the goal to identifY every business that's within the center or just these bigger stores? Leiter: The goal that we had suggested to the applicant, which I think they followed, was to identifY the major users with these signs that are oriented towards East "H" Street and then to use identification signs within the center to identifY the smaller businesses, and I think that's pretty typical of a lot of shopping centers these days. A lot of people can associate the entrance to one of the majors then to other smaller stores within the same vicinity. And if you try to identifY all the businesses off the main street, you end up with a real cluttered sign program. So, again, our recommendation to them was that they identifY the major tenants on "H" Street and then use these internal identification signs for the smaller users. Horton: And then the comments made by Mr. Padilla, I have to concur with. I have a real problem with the Regal identification sign. I think if it was incorporated in another type of monument sign that was less intrusive, I might be able to approve it. I actually have a very hard time even approving the change in the monument sign, however, I do take into consideration the dilemma of this center, but at the same time, I think it is our responsibility to protect the integrity of that scenic roadway, and it's definitely the window to other parts of our community that we're constantly advertising as a wonderful place to live, work and play, and so I hope that when the Council decides to - whatever decision is made, you take that into consideration, because we have done a very good job in planning that area, and I would hate to see it get cluttered with a bunch of signs. Just one more point. The other day, we had a SANDAG workshop here in Chula Vista, and they showed several different slides of different areas in the County, and unfortunately some of the worst slides happened to be business districts in Chula Vista that were just cluttered with signage. It was sign pollution everywhere, and it was very sad that that picture happened to be Chula Vista, and I would hope that that won't happen in other business areas in Chula Vista. Leiter: Madam Mayor, the representative from the sign company has just handed us a diagram that includes a color version of one of the proposed signs. It's in a fonn that you could certainly pass it around and look at it. We couldn't televise it, but if you'd like to take a look at that, that maybe more clearly demonstrates how these signs would look with the color. So we can bring that up to you and have you take a look at that. Salas: It is unfortunate that one of the sad things about the big box era and big business is that every single community, no matter where you go throughout the United States, looks the same because they all have the Costcos, they all have the Big K, they all have the Starbucks and all the regular fTanchise kind of businesses that you can't distinguish one community from another anymore. Unlike Coronado that's a little village, so I don't think that we could use the comparison of that community with what we're facing today in modern Chula Vista, because unfortunately, every single new community looks the same because they've all got the same retailers in them. Horton: Well, you have areas like Rancho Bernardo, and they have very strict design policies and their businesses seem to do well. I don't think they would allow what is being recommended here today. Padilla: I understand the need. My concern is just not automatically buying into the argument that this is exactly what we have to have. I understand the argument that we need exposure; that's fine. r don't buy the argument that we've got to have it like this or it won't work. r don't buy that, and to follow up what Councilmember Salas said, she used the word distinctive, or separate and apart. And that's the point for me. And Chula Vista, I think we've worked very hard to build a community that is distinctive from other communities and is different. And because people in San Diego County don't always have the most positive view of this city, we've worked very hard to overcome an unfair image. And the point for me is trying to remain distinctive. r think that trying to retain as much of the existing character that we have there is for me the point, because that's what makes Chula Vista's planning distinctive, and you want to aim for being distinctive and polished rather than looking like so many other communities. As you said, you can't tell them apart, and with all due respect to our neighbor to the north, r certainly don't want areas in Chula Vista looking like a veritable forest of steel signs everywhere, or concrete signs or stucco signs everywhere, but I think again that aesthetics - they may seem minor and they may seem picky to some people, but they really are everything in large part many times. Ifwe can do it in a way that's tasteful, I'm all for it, but if we're going to go down that direction, I'm going to have a real hard time with it. Rowlands: r recommend you defer this until January. We'll bring back appropriate colors. This is too light to show you. I'm at fault for this. I came here brand new. I was lost with Rod Davis. I was lost out there for several weeks and months trying to fmd what's in that place. I went to staff and said this is ridiculous. How in the heck can somebody find what store is in this beautiful shopping center? I initiated the actual dialog on this about a year ago. The intent is not to have tacky signs. The intent is to have what you all want to have - a very distinct and professional signage program. Having actual colors before you is much more effective than what you've seen tonight, so give us time for that. We'll bring it back in January, if you don't mind, and we'll go on with the other items on the agenda. Horton: But so you don't waste a lot of time, I cannot support the kiosk sign for just the Regal theater because I cannot believe that it's going to substantially change their bottom line. Rowlands: We will have an alternative for you in that area, also. Moot: You could put that kind of reader board inside the shopping center, for example, on the way to Costco, which is drawing tons of people. You could have a reader board there. Horton: I think that's an excellent idea. Whatever you do internally is fine. Moot: You come out of the churches on Sunday and you just watch Costco fill up. You can effectively let people know what movies are playing there within the center itself and maybe spare the view on "H" Street. Horton: Then I will make the motion that we continue this item to a meeting sometime in January. Is there a second? Davis: Second. Horton: Any more discussion? Please vote. The motion passes. ----~---,--~------,._---,_.._------- COUNCIL AGENDA STATEMENT Item: Ie¡ Meeting Date: 11/30/99 ITEM TITLE: Resolution - Approving the International Friendship Commission Request to Discontinue Attempts to Reinvigorate the Sister City Relationship with Irapuato Mexico and Directing the Commission to Pursue the Necessary Actions to Officially Dissolve the Sister City Affilation with Irapuato Mexico SUBMITTED BY: Fran Larson, Chair, International Friendship Commission !'t /W'tt- REVIEWED BY: City Manager G ~v (4I5ths Vote: Yes_ No .xl f'" Following several years of little or no official contact between Chula Vista and its Mexican sister city Irapuato, the International Friendship Commission began a concerted effort to reinvigorate the relationship, but has found that no desire exists within this community to continue an active relationship. RECOMMENDATION: Staff recommends that Council direct the International Friendship Commission to inform Irapuato's Mayor of the City's intent to dissolve the sister city relationship and to pursue the necessary steps for official dissolution in accordance with the regulations of Sister Cities International. BOARDS/COMMISSIONS RECOMMENDATION: The International Friendship Commission recommends that official steps be taken to dissolve the sister city relationship. DISCUSSION: The sister city relationship with Irapuato, Mexico was begun in 1971. During the 1970's and 1980's a series of visits and contacts were made between the two cities. In earlier years the two cities had more in common than they do today. Irapuato remains a predominantly agricultural community whereas Chula Vista has grown into a more modern suburban city. Over the past several years the contact and visits between the two cities has been limited. Recent attempts to revitalize the Sister City relationship between the two cities has failed. It is the policy of the International Friendship Commission to confirm the existence of a "grassroots' commitment in order to sustain a sister city relationship. Such local support is necessary in order to provide the organizational foundation and long term formal relationship. A solid "grassroots" movement within Chula Vista no longer exists. Fundraisers, meetings and special advertisements encouraging continued participation in an /f-j Irapuato-Chula Vista sister city program have all failed to identify any meaningful group of local supporters. The Chair of the Chula Vista International Friendship Commission made contact with Lewis Harwood, the Sister Cities International Program Director for Mexico. He stated that such a lack of interest is unfortunate but not uncommon for the program. He stated that if a good faith effort was attempted yet failed to reinvigorate interest in the program it was the recommendation of the Sister Cities International to "divorce" the sister city relationship. This action has been taken once previously in Chula Vista. The City of Chula Vista discontinued its sister city relationship with General Roca Argentina in 1996 for similar reasons. The City of Chula Vista continues to have an active sister city relationship with Odawara Japan. We are entering into a new sister relationship with Cebu City in the Philippines as well as pursuing our continuing relationship with Carcarana, Argentina. FISCAL IMPACT: There is no fiscal impact to the City of this action. Due to the inactivity of current relations with Irapuato, no savings would be achieved. Should another city be pursued as a sister city, the matter will be brought before the Council for complete review of the association and fiscal impact. /tj ---c2 ------- ____nO_. ___'.._.______ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INTERNATIONAL FRIENDSHIP COMMISSION REQUEST TO DISCONTINUE ATTEMPTS TO REINVIGORATE THE SISTER CITY RELATIONSHIP WITH IRAPUATO, MEXICO AND DIRECTING THE COMMISSION TO PURSUE THE NECESSARY ACTIONS TO OFFICIALLY DISSOLVE THE SISTER CITY AFFILIATION WITH IRAPUATO, MEXICO WHEREAS, the sister City relationship with Irapuato, Mexico was begun in 1971 and during the 1970's and 1980's, a series of visits and contacts were made between the two cities; and WHEREAS, in earlier years, the two cities had more in common than they do today as Irapuato remains a predominantly agricultural community and Chula vista has grown into a more modern suburban city; and WHEREAS, over the past several years, the contact and visits between the two cities has been limited and recent attempts to revitalize the Sister City relationship has failed; and WHEREAS, it is the policy of the International Friendship commission (IFC) to confirm the existence of a "grassroots" commitment in order to sustain a sister city relationship; and WHEREAS, a solid "grassroots" movement within Chula vista no longer exists; and WHEREAS, the Chair of the IFC made contact with Lewis Harwood, the Sister Cities International Program Director for Mexico, who stated if a good faith effort was attempted yet failed to reinvigorate interest in the program, it was the recommendation of sister cities International to "divorce" the sister city relationship; and WHEREAS, staff recommends that Council direct the IFC to inform Irapuato's Mayor of the city's intent to dissolve the sister city relationship; and WHEREAS, the IFC recommends that official steps be taken to dissolve the sister city relationship. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve the International Friendship Commission request to discontinue attempts to reinvigorate the Sister City relationship with Irapuato, Mexico. 1 /9 -:3 " 11/11J/W9 THl' 1%: ZZ FAX 819 ~09 5823 CV ctTt AtTOR~EY I'lJOO2 BE IT FURTHER RESOLVEP ~ha~ chs commission iF d1reç~e4 to pursu@ the necessary actions to officially ~issolve the Sister City affiliation with Irapuato. Mexico. Presented by App~oved as to form hy fA~~S. ~J\ 9"- Frances Larson, chair International Frl@ndship commission R:\~ð~.\attO~Þ·Y\~·ðe'lzapua_~,¡~ 2 /9-( ~~f? :- JJ!t.~ ~ ---.::..~--....:~ """.......~""" ................~ CllY OF CHULA VISTA Memo~andum DATE: 14 October 1999 TO: James B. Hardiman, Fire Chi~ FROM: Fran Larson, Chair . S International Friendshi~Õ "ssion RE: IFC recommendation to City Council to sever formal Sister City relationship with Irapuato, Mexico The International Friendship Commission recommends that Sister City ties with Irapuato, Mexico be formally terminated (see attached IFC minutes of 24 March 1999) due to 1) lack of community interest and support and 2) lack of similar interests between the two cities. Twenty eight years ago our two cities were a match for a sister city relationship. We were both sm~ll agricultural cities. Today we share very little in common with each other. Irapuato is still heavily agricultural, whereas, Chula Vista has grown and changed so much in the past 28 years. We are no longer significantly involved in agriculture. We are no longer the small bedroom community we once were. IFC policy, concerning sister city relationships, is to insist on and confirm the existence of a grassroots ~ommitment. The formation of a functioning "Friends Of" organization in both cities is mandatory. We believe that this does much to make all parties realize the activity necessary to make such a relationship work and helps provide the organizational foundation for a fruitful association and a long-term formal relationship. An extensive effort, over many years, has been made to generate Chula Vista community interest in Irapuato. The latest attempt was a membership/potluck held on 28 February 1999, at the Bonita Country Day School. The entire Commission worked on the event and it was given considerable PR i.e., Radio Latina, newspapers, posted flyers, 100 plus invitational mailing to citizens that had /7~5 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 92010 shown an interest in Irapuato in the past ( see attached IFC minutes of 27 January 1999). This event was one last, all out try to revitalize and generate new "Friends of Irapuato" interest. It was deemed, by the Commissioners, to be a total failure. Not one person attended, except the organizers, Councilperson Mary Salas, Luz Maria Davila, and a group from "Friends of Cebu City". Councilperson Mary Salas asked the IFC to make a recommendation to the Mayor and City Council concerning future sister city relationship with Irapuato. Prior to the February, 1999 revitalization attempt, a membership appeal was made through a large mailing in August of 1996 (see attached flyer and IFC minutes of 25 September 1996) in which there was virtually no response. Plans for a Chula Vista delegation to Irapuato in November of 1996 had to be canceled due to lack of interest, as did the plans for a May/June 1997 potluck/membership drive. I have contacted Sister Cities International Program Director for Mexico, Lewis Harwood, for advice and direction. It is unfortunate, but not unusual, for sister cities to change and grow apart in their interests. A lack of interest can exist at either end of the relationship. It is the position of Sister Cities International that after good faith efforts have been made and failed to reinvigorate interest and support in the relationship it is most appropriate to "divorce" yourself from your sister city. To do so, Chula Vista would need only to send a letter to Sister Cities International requesting formal dissolution of the relationship. A copy of the letter should be sent to Irapuato giving reasons for the action taken. When this matter 1S brought before the City Council, myself, as chair and/or any other Commissioner familiar with Irapuato will be available to answer any questions the Mayor or Council members may have. J9--? CITY OF CHULA VISTA .__.. _~_____.. .. .___'______'_______m___________.._'~,.,_~__"___ - MINUTES OF REGULAR MEETING INTERNATIONAL FRIENDSHIP COMMISSION CITY OF CHULA VISTA, CALIFORNIA March 24, 1999 4:00 P.M. The meeting was called to order at 4:00 P.M. Members Present: Chair Larson, Members Breitfelder, Catanzaro, Chou, Ciotti, Garcia, Marentez Member Absent: Crockett (Excused due to death in family) Approval of Minutes MSUC (Breitfelder/Catanzaro) February 24, 1999 minutes as submitted. Report from Chair Chair Larson asked if the Commissioners have turned in their "Statement of Economic Interest" to the City Clerk. She admonished them to do so quickly. Unfinished Business A. Report on "Friends of Irapuato" Potluck/Meeting of February 28, 1999 - The potluck, given to generate interest in re-establishing the inactive "Friends of Irapuato Association", was deemed unsuccessful by the Commissioners. There is no "grass roots", interest or support from the citizens of Chula Vista regarding our Sister City relationship with Irapuato, Mexico. Mr. Catanzaro questioned why a copy of the written agenda; used by Acting President of "Friends Of Irapuato", Nancy Taboada; was not given to the IFC in advance. MSUC (Catanzaro/Larson) In the future, any agenda to be presented at an IFC sponsored event shall be presented to the IFC, in advance, and approved for presentation at that event. A copy of the final agenda will, in advance of event, be made available to each Commissioner. B. Irapuato Sister City Relationship - At this time there is no active relationship, in Chula Vista, with Irapuato, Mexico. Councilperson Mary Salas, has requested that the IFC send a recommendation to the City Council regarding future Sister City relations with Irapuato. /1 ~7 --------~---_. -- -----,-- ,,-,------,---'--- - ----- - - - MOTION: (Breitfelder/Catanzaro) Move that the IFC recommend to the City Council that the Sister City relationship between Chula Vista and Irapuato, Mexico be severed. And, that we follow Sister Cities International guidelines for "divorcing" ourselves from Irapuato. Vote: In Favor of: Larson, Breitfelder, Catanzaro, Ciotti, Chou, Garcia Apposed: None Abstain: Marentez Motion passed. C. New Tape Recorder MSUC (Catanzaro/Ciotti) To replace the broken tape recorder. D. Prospective Chula Vista/Cebu City, Phillippines Sister City - Guidelines for finalizing the steps to becoming a Sister City with Chula Vista were given to our guest, Emilio Legasti, from an already established and active "Friends of Cebu City", here in Chula Vista and to Commissioner Oscar Garcia. MSUC (Breitfelder/Catanzaro) That the IFC recognize and welcome the active "Friends of Cebu City" and request that our Mayor send a letter of invitation, to become a Sister City, to the Mayor of Cebu City. Meeting adjourned at 5:30 P.M. Lorraine Alexander Secretary )C;~~ -- --.._~.- - -' -~ ..------- -----,-------",-'" ---,-....,----"..-....-..-- COUNCIL AGENDA STATEMENT Item .2.0 - Meeting Date 11/30/99 ITEM TITLE: Resolution Adopting the 2000 Legislative Program and Legislative Work Program. SUBMITTED BY: Legislative Committee Colleen M. Kelly, Intergovemmental Affairs Coordinator ~ c; ¡<-- REVIEWED BY: City Manager {/p'J-- (4/5ths Vote: Yes_No X) The Legislative Program represents the City Council's position on items likely to be acted upon by the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, Chula Vista can take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities. RECOMMENDATION: That the City Council approve the resolution adopting the 2000 Legislative Program and Legislative Work Program. BOARD/COMMISSION RECOMMENDATION: This report from the Legislative Committee reflects their comments as well as input from the departtnent directors. A copy of this draft was sent to Council as an Information Item I III 0/99. No City Council comments had been received as of I III7/99. DISCUSSION: Background The purpose of the Legislative Program (as instituted by Council Policy 300-0 I in 1987) is to identify and adopt position statements regarding a variety of issues which reflect the policy and direction of the Council. This action sets guidelines which permit staff to make timely responses consistent with Council's desires to sponsor, support or oppose bills during the legislative process. By taking action on a comprehensive program at the start and midpoint of the legislative and congressional sessions, the City is able to work with our local elected representatives to introduce needed legislation as well as proactive1y position itself on a wide range of issues. Presented in this report is an updated 2000 Legislative Program and a Work Program to guide staff and our legislative consultant throughout the remainder of the 1999/2000 session. ;2iJ --J Page2,Uern______ Meeting Date 11/30/99 Legislative Program In general, the Legislative Program (Exhibit "A") lays out the City's positions in the following subject areas: A. Bayfront/Redevelopment B. Economic Development C. Environmental Protection D. Fiscal SupportlHome Rule E. General Government F. Housing & Community Development G. Land Use Planning H. Library L Parks & Recreation J. Public Employer-Employee Relations K. Public Liability L. Public Safety M. Public Worksffransportation N. Redevelopment The program is administered by the Legislative Committee which is made up of the Mayor, the City Manager and the City Attorney. Items included in this document are generally non- controversial, and include: · Supporting additional State or Federal funding for local government and/or Chula Vista programs · Opposing unfunded mandates · Protecting City planning and land use authority · Recommending reforms in various state and federal programs which inappropriately restrict city operations Via unanimous adoption of the program by the City Council, related bills can be acted upon directly by the Legislative Committee, so that the City's position can be communicated to legislators in the quickest, most effective way. Notification of positions taken and copies of any letters sent are then forwarded to the City Council for information. The Legislative Program does not include references to specific legislative proposals which have been introduced and which will be considered in the coming year. As stated earlier, the purpose of the Program is to address broad policy issues and to provide general guidelines to the city staff. In those instances when a proposal which would affect the City is not covered by the Legislative Program, it is brought directly to the City Council for review and direction. Proposed Changes for 2000 The proposed amendments to the Legislative Program are relatively minor. Proposed deletions appear in "strikeout" format. Proposed additions have been underlined. They reflect those concerns expressed by City departments or changes in the status of city programs. The remainder of the program is carried over from the 1999 Legislative Program, as adopted by Council 11/17/98. cJ-O " 2- Page3,Uern______ Meeting Date 11130/99 In most cases, the City's priority issues for 2000 (e.g. capping or reversing property tax takeaways, obtaining funds for the Chula Vista Nature Center, protecting Federal CDBG allocations) are already included in the Legislative Program and thus do not require any amendments. The State Legislature convenes on January 3, 2000. As required by the California Constitution, the draft State budget must be published on January 10. City staff does not anticipate that this initial budget proposal wil1 attempt to address the State/Local Govemment financial relationship. It is expected, however, that this issue will be addressed either in the May Revise of the Governor's budget proposal or as a Constitutional Amendment initiated by the State Legislature. The deadline to introduce new bills to the State Legislature is February 25. Since this window of opportunity is a short one, Council is encouraged to share at this time any additional issues or interests they have in pursuing changes in state law. Legislative Work Program In an effort to maximize the City's resources and impact at the State level, the attached work program (Exhibit "B ") was developed to guide staff as wel1 as our legislative consultant. This document is the result of discussions with City departments and the Redevelopment Agency staff, as wel1 as past input from Councilmembers. It serves several purposes: a) as a work plan for staff and the legislative consultant; b) as a means of narrowing the scope of the legislative efforts to specific issues of concern to Chula Vista; and, c) as a valuable tool for setting the City's agenda and evaluating our lobbying endeavors in the state legislative process. The proposed work program is divided by category and priority. It includes a description of each request and recommended fol1ow-up action. The priority assigned to projects is based on the fol1owing criteria: Urgency (Le. significant cost or need) Timing/political climate in Sacramento and Washington Feasibility As an example, maintaining or increasing current revenue allocations from the State is rated a Priority I because of the amount of money being lost each year to such programs as the Educational Revenue Augmentation Fund (ERAF takeaways) and the fact that these losses have reduced the City's ability to maintain the levels of service it provides to the residents of this community. Lower priority items range from those having a significant fiscal impact but lesser political viability (e.g. repealing the booking fees charged to cities by counties; Priority 2), to projects with low direct fiscal impact to the City (e.g. increase the percentage of post-consumer packaging requirements; Priority 3). Updates of the work program wil1 accompany staff's Legislative Program Quarterly Status Reports to keep Council informed of progress toward these goals. FISCAL IMPACT: Amendment of the Legislative Program and Work Program for 2000 does not result in any direct cost to the City. There are fiscal impacts, however, associated with this program; specifical1y the .2C ~;> _ ____~__m'_ ,_""___,_..,_~._ --- -- ---~-----_.._--,---_. Page4,Item_ Meeting Date 11/30/99 City's contract with a legislative advocate in Sacramento (The Wilson Group), which is capped at $66,000 per year and membership in the League of California Cities which costs approximately $15,000 per year. In addition, success in achieving the goals of this program can lead to significant fiscal impacts. Although these impacts can be difficult to estimate (e.g. issues ofland use control, potential civil liability), the City's legislative efforts, coupled with those of the League of California Cities, have yielded substantial, concrete cost results. A table which presents details of these results appears below. 1999: POSITlVE FISCAL IMPACTS Issue Revenue Comments Nature Center Funding $220,000 For renovation and operation of the ChuJa Vista Nature Center Federal COPS Grant $1,250,000 Will allow city to hire additional sworn personnel Special appropriations $3,200,000 Land acquisition, Otay River Valley Subvention of Booking Fee $270,000 This will be an annual subvention Costs from the State to help offset the cost of booking fees charged by counties to cities One-time ERAF offset $370,000 This appropriation was based on city population figures On-going ERAF offset $58,366 This appropriation was based on the amount of property taxes lost during FY 92/93, the 1 st year of ERAF implementation TOTAL REVENUE $5,368,366 Finally, as we look to Chula Vista's goals for 2000, city staff will continue to focus on key issues such as the state and local government fmancial relationship, as well as on such local funding issues as: · Renovation of aging parks and recreation facilities, and · Critical hours after school programs such as STRETCH and DASH · The Chula Vista Nature Center Attachments: 1. Resolution 2. Exhibit A: Proposed 2000 Legislative Program 3. Exhibit B: Proposed 2000 Work Program c:\...\OOlegprg.l13 c21J - i ---------,--,------- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2000 LEGISLATIVE PROGRAM AND LEGISLATIVE WORK PROGRAM WHEREAS, Council Policy 300-01, dated January 1987, provides for the adoption of a City Legislative Program; and WHEREAS, the Legislative Program represents the City Council's position on items likely to be acted upon by the State Legislature, Congress¡ or administrative agencies; and, WHEREAS, by adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, Chula vista can take a proactive role in sponsoring, supporting, or opposing bills related to the city's various legislative priorities; and WHEREAS, an updated 2000 Legislative Program and Work Program to guide staff and our legislative consultant throughout the remainder of 1999/2000 session are recommended for adoption by the Legislative Committee. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby adopt the 2000 Legislative Program in the form set forth in Exhibit nAil, BE IT FURTHER RESOLVED that the City Council does hereby adopt the 2000 Legislative Work Program in the form set forth in Exhibit "B" , BE IT FURTHER RESOLVED that staff and the Legislative Committee are hereby authorized to implement these programs. Presented by Approved as to form by David D. Rowlands City Manager H: \home\lorraine\rs\legprog /" .1& /~ ______n'_'_n___'___,_ -"--,---- " ------"- EXHIBIT" A" PROPOSED 2000 LEGISLATIVE PROGRAM A. Bayfront Redevelopment Project Area 1. Support efforts to: a. Provide funding for urban waterfront restoration projects and the enhancement of the waterfront within the southern San Diego Bay. b. Provide funding for the Chula Vista Nature Center. c. Facilitate the dismantling of the SDG&E South Bay power plant and assist with the redevelopment of this bayrront property. d. Coordinate Federal Coastal Zone Management Act, Environmental Protection Agency (EPA) regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts. 2. Oppose efforts to: a. Reduce the number of San Diego Unified Port District Commissioners and/or require commissioners to be elected members of the city council which they represent. B. Economic Development. 1. Support efforts to: a. Enhance California's overall business climate. b. Enhance business attraction and retention. c. Provide funding, programmatic support or other assistance to the BaTtier E8. irslIfl1eHæl C8n\Ule1ee /..llianee. DaMer EH.ÎfafHl1eMal TeehHalag) Re36uree Ceftter, æul Beftler En. ÏfðSRleBtel DU3Ìfle33 ChiJttI, mitt t8 tht Chtila VÏJm HigH Teeh'Ðiateek ZSfl6 V/e:Jtem Ilegi8flsl Bi8þf8SS33isg CSRter, IU81'63ea 6õliHaet bi8teeR I'karmaee1:ttieal. "Hat l11lill1ifsemring faeili!), 11II<1 6lftcr Chula Vista economic development initiatives. d. Continue or enhance funding of: i. California Trade and Commerce Agency ii. California Defense Adjustment Matching Grant program ill. California Infi"astructure Bank and Job Creation Investment Fund iv. U.S. Department of Commerce, Economic Development Administration (EDA) v. U.S. Housing and Urban Development (HUD) Economic Development Initiative and other business assistance programs vi. Export assistance, defense conversion, technology transfer, business incubators, job training and other economic development programs for which Chula Vista businesses would qualify and secure such funding for Chula Vista projects and/or businesses. e. Create or enhance targeted business assistance programs (such as state Enterprise Zones or federal Empowennent Zones) with eligibility criteria that would include Chula Vista. f. Create or enhance programs which support international cross-border commerce. g. Increase the flexibility of the use ofHUD Community Development Block Grant funds as they relate to general economic development projects and programs. h. Increase flexibility of the California redevelopment laws as they relate to general economic development programs including efforts to extend the life of redevelopment project areas. i. Continue authorization for the Community Reinvestment Act and additional legislation to maintain accountability for lenders as relates to their small businesses development programs. 1»-1- ~ . - -""--- C. Environmental Protection. 1. Support efforts to: a. Require an enviromnental impact report (EIR) for large projects/utility mergers. b. Obtain funding for: wetlands and riparian habitat acquisition and restoration, for acquisition of land for multi-species habitat conservation planning, for acquisition/development! maintenance of open space, greenbelts, rivers, streams and trails. c. Fund planning and land acquisition for Natural Community Conservation plans. d. Obtain funding for a comprehensive enviromnental management planning effort for San Diego Bay. e. Prohibit the granting of new leases for oil and gas development in state-owned coastal waters off of San Diego County. f. Encourage the installation of water conserving fIxtures in existing residences and businesses. g. Obtain funding for water conservation to include the construction of reclaimed water distribution systems, and fIxture and irrigation system renovation and retrofIt. h. Encourage post·consumer recycled products use in manufacturing, residential and business applications through incentives, educations, promotions, etc. i. Ensure long-tenn agreements which provide recycling incentives and/or profItable markets for a broader range of products than are currently recycled. j. Require "disposal warning" labeling on household hazardous materials, which reduce the use of toxic materials, and which promote nontoxic alternatives to present materials, k. Require minimum content standards for use of recycled materials in manufacturing processes. I. Provide funding for enviromnental enterprise incentives, specifIcally Recycling Market Development Zones (RMDZ). (NOTE: The RMDZ program has been extended through 2006, Chula Vista and the City of San Diego now have a signed MOD for an RMDZ partnership, Program anticipated to be up and running by Spring of2000, m. Continue authorization for bottle bill legislation, such as AB 1467, Ch. 1259, Statutes of 1993 and SB 1178, Ch. 624, Statutes of 1995, providing state payments to agencies which operate curbside recycling programs. (NOTE: State support under this law helps subsidize the City's curbside recycling program, SB 1178 extended various provisions through 1/1199, but the form of the bottle bill program and its support for local curbside recycling programs is a continuing issue,.Staffwill work with area legislators to develop a long-term solution to best meet the needs of consumers and the recycling industry,) n. Expand the bottle bill or other advance disposal fees in a market-driven manner to provide recycling incentives and funding for other materials, such as liquor and ftuit juice bottles and household hazardous waste. (NOTE: Additional bottle bill designations and deposits would increase recovery ofrecyclables and assist in cost recovery of curbside collection,) o. Eliminate plastic and glass processing or handling fees. (NOTE: These fees are assessed to manufacturers rather than consumers and thus do not provide an incentive for consumers to recycle, None of this funding supports local curbside programs,) p. Enact a statewide landfIll ban on designated recyclables. (NOTE: ban would encourage development of new feedstock capacity and strengthen/stabilize long- term markets.) 2 c1¿J-? q. Reauthorize the Federal Water Resources Act, including provisions to raise the reimbursement limit and provide reimbursement for construction expenditures. (NOTE: With a revised reimbursement limit, Chula Vista could be eligible for up to an additional $S million for further improvements along the Telegraph Canyon Creek flood control channel.) r. ModifY the Clean Water Act to allow the City of San Diego an exemption ftom current "mass emission reduction" requirements. s. Limit environmental mitigation requirements for construction and maintenance of drainage facilities in urban areas especially in developed neighborhoods. (NOTE: At present, the City may be required to purchase mitigation land amounting to as much as four times the project size, With projects in developed neighborhoods, mitigation requirements can require more complex drainage improvements and the dedication of larger portions of the property owner's lot.) t. Grant local agencies authority to file appeals with the State Water Quality Control Board (SWQCB) concerning actions by a Regional Water Quality Control Board (RWQCB). u. Advance the use of low·emission and zero-emission vehicles through market incentives, credits, rebates, public/private partnerships and other innovative solutions. v. Create incentives for renewable power generation and distribution. NOTE: This action will foster competition among many power generators, including "green power" sources, w. Create incentives for energy-efficient building programs, x. Develop and apply a standardized, state/national defmition of "green power". y. Require "truth in labeling" with respect to "green power" generators and providers. z. Improve the coordination of State, Federal and local agency responses to air quality control, energy, and environmental protection. aa. Provide State or Federal funding to construct facilities to capture and treat the flow of raw sewage entering San Diego ftom Tijuana. bb. Encourage development of environmentally sound techniques for treating hazardous waste to reduce its volume and eliminate any toxicity without inftinging on home rule authority over the decision of whether (or when) to implement such techniques. cc. Provide funding ftom State, Federal or other outside sources to study the water quality/toxic pollution in San Diego Bay. dd. Encourage development of water resources facilities and make improvements to the delta without imposing unfunded mandates on local government. ee. Obtain fmancial assistance at the federal level to construct new and upgrade existing secondary treatment facilities in San Diego County. ff. Imorove the efficiencv of environmental re(!Ulations and enforcement actions of such aeencies as: Deoartment of Interior. Corns ofEneineers. Deoartment of Commerce National Oceanic and Atmosoheric Administration (NOOA). Environmental Protection Agencv (EPA). This is not a new item, it has been relocatedfrom the section dealing with bayfront redevelopment. U. Provide for streamlined environmental oerrnittilll! Droeess for Dublie works nroieets which are included within an adooted multiole soecies conservation olan that is in conformance with the State's Natural Community Conservation Pr0'1ram 3 ~&,- !5' 2. Oppose efforts to: a. Site a new landfill in the South Bay. b. Nullify or weaken the current climate change treaty (Kyoto Protocol) which requires the United States to reduce its greenhouse gas emissions by 7% from 1990 levels by 2010. NOTE: Federal funding related to this treaty supports local energy efficient building incentive programs as well as alternative fuel programs endorsed by the City. D. Fiscal Support· Home Rule. 1. Support efforts to: a. Pennit retention and control by local governments of a greater portion of revenue generated by Federal, State, and local taxes, fees and fmes (e.g. vehicle code fmes). b. Require the Federal government and State to reimburse local governments for all mandated costs or regulatory actions or which allow cities to cease performance of unfunded mandates. c. Retain maximum flexibility in the administration of Article XIIIB, XIIIC and XIIID of the state constitution (XIIIB:the Gann Initiative·-Iocal expenditures are limited by population growth and CPI factors; XIIIC & D: Proposition 218). d. Expand local autonomy or the home rule authority to govern municipal affairs. e. Enhance the quality of urban life by funding the creation, improvement, or expansion of parks, libraries. community services and inftastructure, such as roads, flood control, etc.. f. Provide state/federal funding for construction or renovation of public buildings such as community centers, libraries, civic center, etc. g. Expand the sales tax base to include mail order sales/home shopping sources, internet-based commerce. h. Provide that cities and school districts can issue general obligation debt with a majority vote instead of the current 2/3 vote requirement. i. Ensure that upon sale of the South Bay power plant, the City/Redevelopment Agency receives its appropriate share of tax increment (treating the plant as a non-unitary asset) and, upon dismantling of the plant, the City/Agency receives in-lieu revenues to replace those monies lost as a result of plant relocation. j. Provide for fiscal refonn in the fonn of greater reliability, certainty, and equitability of state funding for local governments. k. Reallocate sales and property taxes to the benefit of local governments. 1. Pennit government agencies to pass through, to the consumer, the bank fees associated with credit card transactions. NOTE: The City would be better able to offer the convenience of credit card usage to area residentsJbusÌnesses if local government were not prohibited from passing-on these bank costs to the consumer, m. Protect locall!overnments' ability to fund canital imnrovement nroiects throUllh tax exemnt bonds. !h Increase the Industrial Develonment Bond exnenditure can. 2. Oppose efforts to: a. Restrict the use of, or reallocate city revenues such as TransDortation Develooment Act funds, Transient Occupancy Tax revenues and/or Business License Tax revenues. 4 e21J~9 b. Exempt residential users from the Utility Users' Tax. c. Reallocate fines and forfeitures to the detriment of cities. d. Repeal Gas Tax exemption for local agencies. e. Reallocate sales and property tax revenue to the detriment of cities. f. Limit cities' authority to enact or impose mobilehome or residential rent control. g. Limit cities' authority to enact and assess fees to recover the full cost of providing user·specific services or to recover the full costs of assessment district maintenance, h. Infringe on home rule authority to act on local budget and fiscal matters or other municipal affairs, or to impose unfunded mandates onto local government. i. Overhaul the California Public Records Act in a way that would: restrict cities' control of the means of access to infonnation assets (e.g. computer databases, proprietary software), limit cost recovery for providing such access. or violate the privacy of the parties from whom the data was collected. E. General Government. I. Support efforts to: a. Subject the State Legislature to the same requirements for public meetings, advance agenda, etc. as currently imposed on cities through the Brown Act. b. Eliminate the State's requirement which mandates Project Cornmittee andlor Boards & Commissions members to complete a financial disclosure statement. c. Limit to I % the amount of administrative costs the Board of Equalization may charge to administer local sales taxes such as San Diego's half-cent sales taxes for transportation and justice facility construction. d. Facilitate increases in Open Space District assessments by an amount not to exceed the Consumer Price Index (CPI) or higher if increased costs are beyond the control of local governments (e.g. imposed by water districts). e. Select Chula Vista as the site of a new University of California or other four-year institution, as well as efforts to facilitate such an eventual designation. f. Provide funding for Chuta Vista SMARTCommunity program, alternative fuels programs and other technology-based projects. (NOTE: Although most outside funding will likely continue to be from grant or city funding sources, some "demonstration project" hardware purchases may be possible through special legislation, State Petroleum Violation Escrow Account (PVEA) funding remains a possibility, but limited funds remain in this account and 1999 is likely to be final year of allocations ITom this source,) g. Fund school facility construction programs without increasing the fiscal burden of local government. h. Clarify the authority of school districts to impose facilities fees established by Ch. 887, Statutes of 1986 (AB 2926). i. Return Chula Vista to a central Dosition in the 40th Senate District and 79th Assemblv District. resoectivelv. 5 clIJ -- / tJ - ----------"-. .-.,..'-- -----------.,-.- 2. Oppose efforts to: a. Mandate district elections in all cities and/or school districts. b. Limit: imposition of franchise fees, taxes, or other compensation for use of public right-of-way; local rate regulation; operational oversight; or right-of-way controls on cable television operators and other telecommunications providers and utilities. c. Preclude cities from collecting Utility User's Tax (OUT) revenue on cellular or digital telephone use when negotiating OUT agreements. d. Impose border crossing fees on the U.S./Mexico international border. e. Impose greater restrictions on local government through amendment of the Brown Act. i Divide cities amoni! multinle Con!lressional State or Suoervisorial districts. F. Housing & Community Development. I. Support efforts to: a. Exclude redevelopment agencies from competitive bidding statutes and fair market value restrictions for resale of public properties to pennit joint development of public facilities by private developers upon fmdings of public benefit. b. Extend the following three Federal Low·lncome Housing Programs: i. Mortgage Credit Certificate Program for low/moderate income home buyers; ¡i. Tax Credits for low income housing programs; and, Hi. Continue funding for HUD HOME and HOPE Programs. c. Change Federal banking regulations to exempt banks from having to count fmancing or Letters of Credit for low income housing in their risk capital limit calculations. d. Provide additional or enhanced state/federal or other assistance to first-time homebuyers, including efforts to increase funding for the City's Mortgage Credit Certificate program. e. Support principles for housing element refonn legislation as recommended by the SANDAG Housing Element Advisory Committee and approved by the SANDAG Board. f. Prevent the loss of affordable housing units through federal funding for acquisition of at-risk units by non·profit agencies; and special "Section 8" subsidies for affected low-income tenants. g. Encourage the use ofalternative dispute resolution measures, as opposed to costly and time consuming litigation, in condominium and townhouse construction defect challenges. NOTE: The proliferation of lawsuits over alleged construction defects has led to a nearly complete withdrawal from condominium/townhouse construction by the development industry throughout California, These attached homes are a critical element in the first-time home buyer market. h. Develop Federal and State participation and financial support for programs to provide adequate housing for the elderly, handicapped, and low·income persons throughout the community. i. Maintain and create tax incentives for private revitalization of existing commercial, industrial and housing resources where such assistance benefits the City. 2. Oppose efforts to: a. Grant the State or Federal government approval or veto authority in the implementation of local redevelopment and rehabilitation projects. 6 c1.¿) --/J b. Prohibit any state agency from making subventions, fmancing, insurance or any other kind of assistance, available to any city or county which has in effect any rent control measure. G. Land Use Planning. l. Support measures which: a. Strengthen local government's powers and capacity to prepare, adopt and implement fiscal plans and programs for orderly growth, development, beautification, and conservation of their planning areas. b. Are consistent with the doctrine of "home rule" and the local exercise of police powers, through the planning and zoning processes, over local land use. c. Expand the land use, conservation, and growth management policies of municipalities to the unincorporated territories within their spheres of influence. d. Broaden local government's power to require developers and subdividers to provide the on-site and off-site facilities and infrastructure needed by their projects. e. Maximize the authority of the City to exercise local control over general plan decisions. f. Require special districts and schoo] districts. includim! community colle~e districts to adopt facility master plans which are consistent with City and County general plans and growth management programs, and to adopt five-year capital improvement programs and fmancing plans which are consistent with their facility master plans. 2. Oppose efforts to: a. Abridge local government's ability to effectively plan, or regulate local land use including: amendments to the laws governing the local agency fonnation (LAFCO); legislation which would fmancially overburden local governments in their efforts to amend planning policy, regulate land use through removal of incompatible developments, redevelop blighted areas, or annex territories which are within the spheres of influence. b. Site airports which would adversely impact the Chula Vista area. H. Library. l. Support efforts to: a. Provide continued aUl!1Dented and/or full funding for: the California Public Library Fund (PLF), the Library of California mI!1 the California Library Services Act, Lie'lII) Se... iees IIIId C8H3tItU~tiðn /..d, Lißf~ Sef'1. iees a:nd Tßé~hn8Iag~ Aet, inc1udinll Transaction Based Reimbursements. literacy programs and library services for all a2:e IITOqDS libIftr~ eÔRMfueti8H Mitt feR8. atiõl'1, ftJ YO dl æ:¡ fie TO teeht1alegi'J ..Risk iml'f8. e aeeCJ3 18 lißl"ftfi.e3 anti their 3eJ'" iee3, 2. Provide for continued and/or au~mented fundin~ of the federal Librarv Services and Technolo~v &t. £. Fund library construction and/or renovation. !l Provide ome-rams at both the State and FederaJ level which I!uarantee for libraries the lanæst DossibJe discount in rates for telecommunications services internal connections and access to the Internet. e. Preserve existing provisions which exempt libraries from having to act as censors of literature or information. 7 d.¿)--/J... I. Parks and Recreation. 1. Support efforts to: a. Provide state/federal funding for such City programs as those supporting: the arts, child care, after school programs, gang prevention and diversion, and drug prevention and intervention in a community·based recreation setting. b. Provide funds for construction of new parks as well as renovation of deteriorating park and recreation facilities. J. Public Employer·Employee Relations. \. Support efforts to: a. Protect the rights of cities to establish conditions of employment, including hours, wages, employee benefits, the meet and confer process, appeal procedures, and management rights. b. Refonn California Workers' Compensation Program to reduce public costs and tighten restrictions. c. Amend the Fair Labor Standards Act to ensure that executive, administrative and professional employees still qualify as exempt. 2. Oppose efforts to: a. Impose restrictions on the scope and authority of charter cities to control their own health plans or retirement systems. b. Mandate the inclusion of local government employees in the Social Security System and/or Medicare. c. Increase workers' compensation benefits without also making needed refonns. d. Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or working conditions which are properly detennined through the meet and confer process. e. Mandate binding arbitration in public employee disputes. f. Reduce local control over public employee disputes and impose regulations of an outside agency. g. Prohibit an employer from testing an employee or applicant for employment for illegal substances. K. Public Liability. \. Support efforts to: a. Change the legal principal of "joint and several liability" to protect the City against "deep pocket" liability. b. Reinforce public entity design and discretionary act immunity. c. Prohibit recovery by a plaintiff for injury where those injuries were caused as a result of avoiding a police pursuit. d. Minimize governmental fmancial exposure to frivolous lawsuits and improve liability protection for governmental agencies and their personnel. 8 olû#/;J e. Expand the existing list of "hazardous activities" so that public entities and public employers are not liable for injuries to any individual(s) who participate in these activities (e.g. skateboarding, rollerblading). 2. Oppose efforts to: a. Further erode government immunity. b. Force the City to accept risks it would not nonnally accept in the ordinary course of business, such as in the case of mandating acceptance of below· grade or low·grade sureties on perfonnance bonds or labor and materials bonds. (NOTE: Such mandates can result ftom special interest legislation from insurance or financial industries,) c. Repeal Proposition 213 (1996) which prevents uninsured motorists trom collecting damages, other than property damages, through litigation. NOTE: Trial Lawyers Association continues its efforts to repeal this ballot measure, which protects the City (among others) from undue liability, L. Public Safety. 1. Support efforts to; a. Strengthen present State and Federal laws which give local governments the power to further restrict or regulate prostitution. b. Increase penalties for the manufacture or sale for profit of dangerous or illegal drugs. c. Prohibit the sale and brandishing of replica or facsimile flfeanns. d. Toughen drunk driving laws, penalties or enhancements. e. Strengthen the City's ability to regulate the public display of material which is hannful to minors. f. Legalize alternative methods of police enforcement activities 31100 63 tk~ 113';; 8fPhata Raàftf'. g. Provide greater authority for police or other local agencies to control graffiti, curfews, juvenile crime and alcoholic beverage control. h. Provide funding for local police staffmg, programs or equipment. i. Develop a unifonn "junk gun" ban which does not restrict the type of weaponry used by off-duty law enforcement officers. j. Protect local governments' ability to establish/detennine the level of Emergency Medical Service (EMS) provided within their own boundaries. k. Provide reimbursement to local government for "flfst responder" costs associated with pre-hospital treatments such as those provided by local flfe department personnel. I. Increase municipal funding for the removal of abandoned vehicles. 2. Oppose efforts to: a. Preempt local public safety ordinances. b. Reduce StateIFederal funding for public safety programs. c. Reduce or impair the authority of local agencies to control graffiti, curfews, juvenile crime and other public safety issues. 9 J¿J~/r d. Change/remove date and/or shift, to the employer, the burden of proof related to all illness presumptions. M. Public Worksffrausportation. 1. Support efforts to: a. Provide funding which would complete missing fTeeway links; emphasis on SR·125 and I-90S. (NOTE: Private toll-road funding may provide a needed boost to complete this transit corridor and take additional traffic off Chuta Vista surface streets, Construction of the Sweetwater segment of SR·125 has begun, It is in the City's interests to ensure that completion of the project remain a high priority for the State,) b. Fund local transportation projects. c. Reduce municipal costs associated with CalTrans projects. d. Allow local agencies flexibility in compliance with the Americans with Disabilities Act to provide the greatest benefit to the local disabled population, rather than committing scarce resources to achievement of 2% maximum sidewalk and driveway slopes. e. Revise speed limit laws to allow for radar enforcement of residential street speed limits (e.g. at levels below the 85th percentile as determined by a traffic study). f. Require CalTrans to allow cities an exemption fTom CalTrans' public works project requirements if CalTrans is not meeting those same requirements. (NOTE: Chula Vista was required to spend approximately $100,000 on a recent signalization project in order to meet specific CalTrans' road-widening requirements when CalTrans itself has not met these same standards on their own public works projects, This recommendation is consistent with Council policy to oppose unfunded mandates,) g. Amend PUC regulations to prohibit utilities from locating cables directly into concrete sidewalks and require said cables to be placed 24"·36" below sidewalk surfaces. (NOTE: Engineering staff reports a growing problem in finding telephone cables embedded in the concrete sidewalks, Sidewalk reconstruction becomes virtually impossible without damaging the cables.) h. Exempt all City vehicles from the Biennial Inspection of Terminals program requirements for "drivers hours of service" during emergencies, similar to the exemption granted to gas and electric companies. (NOTE: This program was intended to regulate the times which commercial truck drivers spend on the road, but has no exemptions for City vehicles other than those operated by the Fire Department. It unnecessarily restricts City public works vehicles and hampers local governments' ability to respond to emergency situations such as flooding or earthquake damages,) 1- Increase the nrioritv Q:iven to DubHe works facilitv fundiml from State and Federal sources to projects (inc1udimz but not limited to roads. bridiles and JÜzht-rail transit facilities) which are linked to imnlementation of "smart e:rowth" Dolicies (e.!!. iobs/housin!! balance transit oriented develonment. etc.), 2. Oppose Efforts to: a. Further restrict development impact fees for roads, bridges, and public facilities levied against developers of property. b. Further restrict fees and assessments levied against individuals or entities receiving a special benefit. N. Redevelopment 1. Support efforts to: a. Amend the State Community Development law so as to allow a jurisdiction to combine tax increment fTom all projects for use in a specific project. 10 2¿J /1-5 !2. Extend the life of redevelopment oroiect areas. as well as the time durin2 which debt mav be incurred or issued in those oroiect areas '" Facilitate the fonnation of Business Imnrovement Districts. and extend the life of those districts. º' Increase fundinl!!incentives to redevelop brown field oroiects. e. Adjust Redevelopment Agency members pay (more than $30 per meeting, up to 4 times per month). 2. Oppose efforts to: a. Discontinue State supplemental subvention for redevelopment agencies. b. Further control or restrict the use of tax increments in redevelopment projects. c:\," \memos\2000legprg,dft 11 cJ tJ -j~ _ 0 . 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VI o = 0 '';: .S:: ~ ~ .~ ..2._ bÓ :a ~ 5 0 0 = :..= Z ~ .~ u ~ 6 0 ~ 5...g bD 8.:..= "g - VI d .:: 5 0 0.. ' .s - ë 0.. è tiäo ~e -0tiä 1¡;d=Oo 5h ·B 5 8 ~ ~ 5h 'ß ~ ~ ~ e- 'õii o~ ':::-0 ~~o OVl Vlo..S _ .l:I d ~ ~.~ - .J:"'! þ VI - ' 0.. VI = 0 .1::: 0.. ';¡ ÞVI - d o"'g t5 ~o tur;¡ "'O.2~.s:Ë- o 0 :..= 0 0 0 ,.. C.1::: 0 ._> ,,12 0.. dO 0.._- CtI>- 0 o..~ 00:'= 0..-;: 0 0..._ o..~ 0.._ =æ 00 ='+-<U 0<1:)5 dô rno.. ~o.. rno_ ~dO.SO_ bJ) .S ] þ ¡:¡.. 0'- VI 8 .-= ~:.= ~~ a 0 ".- ~ "" ""....¡ M--~J COUNCIL AGENDA STATEMENT Item r2} Meeting Date 11/30/99 ITEM TITLE: Resolution Accepting the Police Department 1999-2003 Strategic Plan and corresponding Implementation Plan. SUBMITTED BY: Chief of Police p REVIEWED BY: City Manager r; Þ víV (4/Sths Vote: Yes_No L> As a result of numerous issues related to growth and dynamic changes in policing the Department formulated a Strategic Plan to meet immediate and future challenges. On December 9, 1998 with assistance of Alan Kumoto of Kumoto & Associates, the Police Department formally began the process of formulating ideas and compiling data for the Department's Strategic Plan. This process included approximately 80 staff members working in eight focus groups. On May 5, 1999, the City of Chula Vista contracted with The Warner Group Management Consultant Pirm to perform, a validation and statistical analysis of data collected by the focus groups. The Warner Group conducted a review of focus group findings, interviewed city, community and law enforcement partners, provided benchmarking examples of comparable cities and police departments, and collaborated with Police and City staff in formulating the Strategic Plan. The attached Strategic Plan was a collaborative effort representing nine months of hard work. RECOMMENDATION: That Council accept the Police Department 1999-2003 Strategic Plan and corresponding Implementation Plan. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In the last several years, the City has witnessed a dramatic housing expansion in the eastern portion of the City. This growth is expected to continue into the next decade. As with most diverse, growing communities, Chula Vista has recently been challenged with more complex and varied call for service requiring innovative solutions. In 1988, the City adopted a series of growth management thresholds for various City services. Among them were four police thresholds, involving response time to Priority I emergency calls and non-emergency priority 2 calls for service. The Department has been unable to meet the emergency response time thresholds, necessitating a re-evaluation of resource allocation and a re-evaluation of the thresholds themselves. That study is currently in progress. In order to continue providing high service levels to the community and plan for the effects of growth, the Chula Vista Police Department developed a five-year Strategic Plan (Attachment C - Police Strategic Plan). ;2 J-) Page 2, Item_ Meeting Date 11/30/99 The Police Department strategic planning process was specifically designed to: ¡;¡ Provide a long-term view of the key issues confronting the Department over the next five years and provide strategies for addressing them. ¡;¡ Involve a broad spectrum of citizens and community groups in the problem-solving process. ¡;¡ Produce clear goals, objectives and strategies in creating an Implementation Plan to guide budgetary, operational, and organizational decisions. ¡;¡ Actively involve employees in the planning and implementation process. Concerned with including stakeholders from the region and department, staff carefully designed a strategic planning process to include significant participation on the part of Department employees and community stakeholders. The Department invited participation from Department employees by forming Working Groups composed of a cross-section of Department and City representatives. The Working Groups provided leadership and direction in identifYing a mission statement, value statement, and goals and objectives. Community input was provided through a number of interviews designed to be as broad and inclusive as possible. Key strategic issues: Through the data gathered for this project, the following are key areas, which the Department and Community consider extremely important in achieving the Department's vision. While the Strategic Priorities may be divided into categories, they all are of equal importance, and inextricably interrelated. In no order of importance, the following lists the eight Strategic Priorities: ¡;¡ GROwrH MANAGEMENT ¡;¡ REGIONAL P AR1NERSHIPS ¡;¡ TECHNOLOGY ¡;¡ RESOURCES ¡;¡ SOCIAL AND CRIME TRENDS ¡;¡ COMMUNTIY OUTREACH AND PARTNERSHIP ¡;¡ POLICE FACILITIES ¡;¡ ORGANIZATIONAL DEVELOPMENT )) - :J- --- -~ ---_.._---~--'''_.._,-"'- ".._,.~,----'-----'--'----- Page 3, Item_ Meeting Date 11130/99 THE STRATEGIC PLANNING PROCESS The strategic planning process consisted of several distinct phases, including: CommunlClt8 with Internal and External Stakeholde... Conduct I!I:I' External ¡iili!' , AIHIIment li!!i!! . Enwonmental iliill ,'::i' - . Community! Prolct Cultomer Organization InteMewI and Kick-off . DlfineProfed Develop .... Goals, Prepare Present Final . Conduct Oboctlv.. Action Plans S1ntoglc Plan -...... and Melting StrataglH 1 0",- Conduct Internal Communication Au...ment "", · Interviews · cmployeeFOCUI Group DisaJlSÍOI1s · Document Review Internal Assessment - A review of current Department resources, programs, and management systems; and focus group discussions with Department personnel to gather their feedback. External Assessment - Research designed to analyze the environment with which the Department interacts; includes significant effects of demographic, economic, technological, and political trends and changes. Also, included input ttom various Chula Vista community groups and providers through community surveys, personal interviews, and focus group discussions. Identification of Key Strategic Issues - After extensive evaluation of the input received, the Working Groups identified the issues of greatest concern to the Department and the community and developed a set of Strategic Priorities to address them. Development of Mission, Vision, and Values - Based upon all of the input received, the Working Groups developed a long-range perspective consistent with the Department and community's ;2/ -3 -- -- --,"---"_.._-----_...._,---'"'.-",,',--._----'-------'- Page 4, Item_ Meeting Date 11/30/99 desires. The Mission, Vision and Values statements were reviewed and adopted by Department employees. Development of Goals, Objectives and Strategies - Further refined what the Department and community want most to accomplish in the future. Preparation of Action Plan - Identified the next steps for implementation of Strategic Plan initiatives. Input into the plan was specifically gathered rrom: Police Department City Interviews Community Interviews Employees Many of the City Council Key community Eight Employee Groups Members and Department stakeholders, such as the each addressed a strategic Directors were interviewed Chula Vista schools, issue area, conducted and provided input into the developers, community extensive research and key strategic issues facing groups and business identified many of the the Police Department. groups were all given the Department's Key Issues. opportunity to identify key Additionally multiple issues the Department employee interviews should focus on in the next provided further input. five years. Strategic Issue Areas and Feedback Environmental Scan Community Survey Benchmarking Data A comprehensive scan of The 1997 Chula Vista A comprehensive demographic, social, crime, Resident Opinion Survey benchmarking study was transportation and industry data was utilized to gauge also utilized to identify key trends was conducted. resident perception of practices of other, The Scan provided the crime, level ofsafety, as comparable Police Department with valuable well as Department Departments and to identify data on the look and teel of performance. The survey public safety best the Chula Vista community sampled 3,000 households practices. in the next 5 to 10 years. in Chula Vista. The Department utilized the information gathered from these sources to examine what was working well in the Department and what areas could use improvement. The Department also considered environmental factors affecting the Department and the Chula Vista Community. Analyzing stakeholders input within the rramework ofStrengtbs, Weaknesses, Opportunities and Threats (SWOT) enabled the Department to better understand the key issues facing the organization and to develop appropriate goals and objectives. c1)~f --- -----_..---_..~.._-_. Page 5, Item_ Meeting Date 11/30/99 Summarv of Results Several strategic initiatives were developed by each of the eight focus groups. In order to carryout the initiatives a total of36.5 positions are proposed to be added in the first year of the plan. These positions include the following: Administration: Secretary 1 Uniformed Petrol: Sergeant 1 Officer 16 CSO 1 SRO Unit: Agent 1 School Resource Officer 4 Administrative Services: Agent 1 Range Master 0.5 INTEL Analyst 1 Crime Lab: Evidence Technician 1 Property Control Clerk 1 Lab intem -0.5 Business OffIce: Live Scan AOA 1 IntelllgenceNlce: INTEL Analyst 1 Narcotics Enforcement Team: Secretary 0.5 Crime Analysis: TOC INTEL Analyst 1 Alarm INTEL Analyst 1 Alarm Permit Intem -0.5 Technology: IT Coordinator 1 Computer/Radio Technician 1 Facility: Sergeant 1 Planning & Research: INTEL Analyst 1 AOA .5 Payroll: AOA .5 Payrolllntem ·0.5 Total 36.5 ~/ /_ç' .-- --,- -- ----- ----------,-~~----_."_. --------,-~-- Page 6, Item_ Meeting Date 11/30/99 The following is a summary by focus group of goals and recommendations for Year I: Growth Management - The primary strategic initiatives formulated by the Growth Management focus group relate to providing adequate staffing to service the growing community, optimum beat configuration and community outreach. Recommendations of the group are based on the Patrol Staffing Study, which utilized workload measures to determine Patrol staffing needs, the evaluation of existing staffing, and examination of service needs of the growing community. Based on the Patrol Staffing Study and other research, the focus group identified the need for: » I 6 Officers, » I Sergeant » I Community Service Officer » Alarm INTEL Analyst » Deletion of .5 Alarm Intern The number of sworn and civilian employees as well as volunteers has continued to increase within the Departtnent. The workload created by the total number of vacancies, in addition to the proposed new positions, warrants the need for a Background Agent as well as an INTEL Analyst position. Recruittnent, background checks, hiring and training are all key components to the successful implementation of the Strategic Plan. Further the addition of an Administrative Secretary will provide clerical support to the unit and allow the current Secretary to continue to support Police Administration. Based on the proposed staffing increases, it is recommended that the part-time hourly position assigned to Payroll be transitioned to a permanent position. Workload indicators, as well as the confidential nature of the assignment, warrant this staffing change. In order to ensure implementation and adequate staffing to service our growing community, the group also recommended: » Background Agent » INTEL Analyst » Administrative Secretary » .5 Payroll Administrative Office Assistant » Deletion of .5 Payroll Intern A procedural change recommended by the focus group called for the shifting of the Report Review function (currently performed by an Agent) to Patrol Sergeants. This was a "best practice" supported by Warner Group research, which would enable the Department to reach optimum service delivery levels. Additionally, this procedural change will compliment the Department's initiative to implement a Tough on Crime program and bring crime fighting resources to Sergeant and Officer levels. Upon reaching full staffing levels, the Growth Management group suggests the potential restructure of beat and shift schedules. The Department will look at increasing the number of Officer o</-~ Page 7, Item_ Meeting Date 11/30/99 initiated activities to attain optimal beat configuration and community outreach. The focus group also identified a number of areas requiring additional research and development. These include the need to develop a staffing formula for investigative staff, dispatch staffing and traffic. This wil1 require the development of performance measures, performance audits and the evaluation of demographic, economic, environmental, political, and social trends, which influence service delivery. Between 1992 and 1998 there was a 69% increase in Crime Laboratory forensic service requests. Given the projected City growth, Lab forensic requests are anticipated to continue to increase. The same growth in workload has been experienced by the Crime Laboratory Property staff. Between 1992 and 1998 there was a 49 % increase in Crime Lab evidence impound forms received by the Evidence Control unit. Staff is recommending the addition of one Evidence Technician to address the workload in forensics and one Property Control Clerk to address the increased workload in Property. Additionally $180,000 in funds are recommended as part of the Facility Capital Improvement Project to purchase storage units for the Lab. Staff recommendations: ~ Evidence Technician ~ Property Control Clerk ~ Deletion of .5 lab intern Regional Partnership - The strategic initiatives formulated by the Regional Partnership group sought to maintain partnerships that provide economical service resources to the community. Recommendations included the fol1owing: continue active participation in regional task forces, continue to take a lead in Regional technology - ARJIS; and improve radio communications by transitioning to the County RCS system. Additional areas requiring further need assessments and evaluation identified by the Regional Partnership's group includes: regional training, SWAT services, regional dispatch communication, helicopter pad, crime lab services and holding facilities. Technology - the Technology focus group's primary goal was to develop a technology strategy to support Department growth, increase productivity and the timeliness of information. Recommendations to implement the strategic initiatives include the addition of the fol1owing: ~ Information Technology (IT) Coordinator ~ Radio/Computer Technician ~ Tough on Crime Intelligence (INTEL) Analyst ~ Live Scan Administrative Office Assistant These positions are necessary to develop a technology strategy and support new and proposed technologies added to the Department. In addition, the Technology Focus Group recommended the inunediate establishment of a Technology Steering Committee and the transition to County Regional Communication system for radio communication. Other recommendations equally as important include the development of a procurement strategy, securing additional technology grant funding and further research and development of systems such as records management, internet sites and automation of community services. olJ/? "------.----'-" ------------- Page 8, Item_ Meeting Date 11/30/99 A Live Scan Administrative Office Assistant is also proposed to support new fingerprint technology. The Chula Vista Police Department has been designated by the Department of Justice as the only South County site for fingerprinting. Initial estimates for the demand for use of this technlogy are signficant. Several service contracts are in the process of being developed (DMV, City of Imperial Beach, Sweetwater Unified School District). The AOA is proposed to be funded by revenue received from Live Scan fees. Resources Development - The primary goal of the Resource Development group was to develop the ability to manage resources to best serve the community while minimizing the impact to the General Fund. The focus group identified adequate resources to support strategic initiatives included in the Implementation Plan and a transition plan to meet grant commitments. Other initiatives to be focused on during implementation of the Strategic Plan are goals to diversify the revenue stream and increase the efficiency of the Department through further research and development, performance audits, performance improvements/reengineering and strategic partnerships. Included in the Strategic Plan is a recommendation to add a Research and Development Unit to the Fiscal Operations Division which would be responsible for updating the Strategic Plan, development of procurement strategies, establishment of performance measures, and development of staffing formulas. The Research and Development Unit would also conduct other research and development necessary to complete recommendation of other strategic initiatives. The Unit is proposed to be staffed by the addition of: » Research and Development INTEL Analyst » .5 Administrative Office Assistant Social and Crime Trends - The goal of the Social and Crime Trends group was to identify crime trends in an effort to implement measures which could ensure a safe community. Recommendations include staffing to decrease juvenile crime and illegal activity. In order to address reduction of juvenile crime, the focus group recommends: » 5 School Resource positions (4 Officers and I Agent) A restructure of the Juvenile Unit is necessary in order to establish a School Resource Unit. Included in the Strategic Plan is a recommendation to disband the current Juvenile Unit by redeploying the 3 Juvenile Agents, one each to the following units: Crimes of Violence, Family Protection Unit, and Property Crimes. This would allow the Department to utilize the existing Juvenile Sergeant and Secretary to support the IS member School Resource Officer Program. The redeployed Juvenile Agents would continue to do Juvenile casework within each of the previously mentioned units. In addition the focus group included a recommendation to implement a graffiti program, continue deterrence via proactive activities such as those provided by the Police Activities League and conduct traffic safety education for juveniles. In order to decrease illegal activity related to drugs and narcotics, domestic violence, computer technology and auto thefts the focus group recommended development of workload measures and tracking of social and crime trends. The Research and Development Unit will assess further staffing and workload measures. The establishment of a 02/" g/ ------- --_...__..__.._--_.'-,..._-"",..,,--...--------,-,--~-_. Page 9, Item_ Meeting Date 11/30/99 Licensing unit was also recommended. The Unit includes the ABC Officer formerly part of the Street Team and the addition of one INTEL Analyst to support activities of the Investigative Division. The INTEL Analyst will provide analytical support to the Unit and other units in Investigations. Examples of duties include tracking and mapping of Police regulated businesses (bars, massage parlors, gambling businesses, firearm dealers, pawn shops). They will also be responsible for maintaing intelligence files and other related data. A.5 Secretary position to support the increased office workload in Narcotics is also proposed. New staff recommendations: » Licensing INTEL Analyst » Narcotics .5 Secretary Community Outreach and Partnership - The primary goal of this group was to pro actively address the community needs and foster open communication. Among the recommendations presented were the establishment of the Police Community Relations Unit to be staffed in the first year by existing Police personnel. The strategic initiatives formulated by the group also included the need to increase the use of COPS/POPS projects as well as increase interaction with other City departments via the COPS committee. The community outreach component will include a community survey to be conducted in FY 00101. Additional needs to be assessed include the need for community public information officer services, celebration of accomplishments and communication of Department initiatives to the community. Facility - The Facility focus group developed strategies to accommodate growth in both the short and long term. In the short term the recommendations include building modifications to the existing police facility which will allow for additional lab storage, the moving of the Traffic unit to the old Emergency Command Center, remodel the existing Traffic unit, establishment of a Roll Call/new Emergency Command Center, implementation of Tough on Crime technology, and purchase of furniture systems to accommodate growth. In order to meet the growing needs of the Department and the Community the focus group also elaborated on recommendations to facilitate and expedite the construction of a new Police facility. These include the following addition: » Facility Sergeant The Facility Sergeant would be responsible for development of a comprehensive plan including forming a project team, facilitating community input and outreach, and conducting a site and space analysis. In addition to working with City staff to secure consultants/architectura1 services, planning and design resources and developing a financing strategy. The goal is to identifY a Sergeant, who will lead the Department efforts to construct a facility within the next five years. Organizlltional Development - The primary goal of the Organizational Development focus group was to make recruitment, training and retention a priority within the Department. Strategic initiatives include development of a recruiting and training plan for the Department and the addition of background staff to expedite recruitment. In addition, the Department will realize additional training 02/-1 - -----,-,---- ."----- Page 10,ltem_ Meeting Date 11/30/99 funds by decreasing overtime related to minimum staffing. Other components addressed by the Organizational Development focus group included the need to re-design performance evaluations, develop a department communication plan and marketing plan. The staffing recommendations included in the Strategic Plan include: » .5 Range Master The police firearm range is currently managed by seven sworn range masters on an overtime basis. They perform their range duties in addition to working full time Patrol or Investigative assignments. Range duties include overseeing quarterly qualification, supervising open range, facility maintenance and repair, and training. The work of all 8 focus groups resulted in a new vision for the Police Department. Our vision statement expresses an ideal that the Department will constantly strive and work to achieve: We strive to be a model Law Enforcement Agency ensuring a safe community for all residents, visüors and businesses through proactive poUcing. Community Partnership: Through innovative partnership, ongoing community dialog, and proactive problems solving Chula Vista will strive to be a safe, thriving community. Outstanding Employees: Chula Vista Police Department employees will be recognized leaders in law enforcement. We work in a desirable work environment that not only supports its employees, but also recognizes and rewards its efforts. We will be highly trained, dedicated to serving the community, and driven by our profession. We will continually be committed to the Department mission of enhancing the quality of life. State of Arl Resources: We strive to provide the highest level of service to the community by developing a state of the art police facility, cutting edge technology and innovative crime fighting techniques. Regional Leaders: We will be acclaimed regional resources for law enforcement services, information and expertise. 02)//0 --~--~-------_._"-,..,.._,-------_...'-..-- - Page 11, Item_ Meeting Date 11/30/99 ImDlementation Plan To complement the Strategic Plan an Implementation Plan was developed, guided by the recommendations of the focus groups and the Warner Group. Stafñnl! Forecast The Police Staffing Forecast January 2000 to July 2003 illustrates the recommendations fÌ'om the Strategic Plan and the Patrol Staffing Formula. Total proposed staffing for initial implementation of the plan includes 36.5 new staff positions in Year I (FY 99/00). Most of these positions are necessary to meet workload in Patrol. The remaining positions are necessary to implement strategic initiatives. Additional positions are identified in Year 2 of the staffing forecast. These positions, as well as those identified in subsequent years, will be incorporated into the annual budget process. EauiDmentlI'echnolollV and Facility Additionally, through the Strategic Planning process the Department was able to address inunediate equipment, technology and facility needs. Equipment and technology to be purchased this year includes a command post, a prisoner transport vehicle, and a SWAT van. Various technology interfaces funded by COPS MORE 98 are also proposed. The immediate facility needs identified for funding in Year I include remodel of the Police facility including, Roll Cal1/ECC, lab storage, new office space, remodeling of existing offices, painting, and carpet replacement. CaDital Pro;ects Two capital projects are also recommended to be funded over the next five-years. These include a CIP for a new facility and a CIP for transition of the 800 MHz radio communication system to the County Regional Communication System (RCS). The new facility is estimated to cost $33 million and will be financed using Certificates of Participation. The exact financing and project costs are unknown at this time. Staffwill continue to keep Council appraised. The 800 MHz County RCS transition is estimated to cost $2.9 million. In addition $2.7 million will be needed for 800 MHz equipment. The total citywide project to service Police, Fire, Public Works Operations and Planning, Building and Housing is estimated at $5.6 million and is proposed to be financed over time. Annual payments are estimated at $660,000. A percentage of the system cost is eligible to be paid fÌ'om sewer revenues. The remaining funds will be identified during the upcoming CIP Process. These capital costs have not been included in the Strategic Plan, which focuses on Police operations. Staff will return to Council with a more detailed plan for payment of these projects as they progress. c2 j- // Page 13, Item_ Meeting Date 11/30/99 FiscallmDact Year I recommendations of the Strategic Plan set forth the Police Department's proposal to pay for the 36.5 positions including, related equipment, vehicles, technology, and facility needs. The Department uses a variety of fimding sources, including grants, to minimize the impact to the General Fund. The proposed 36.5 positions result in no net General Fund impact in the first year of the plan. The General Fund share in the first year is proposed to be paid for from unbudgeted general fimd revenues in the amount of $367,475. These revenues are a one-time reimbursement to the General Fund for DIF eligible purchases. The expenditures include the proposed 36.5 positions, related services and supplies, equipment, technology and facility needs. The revenues include new grant and department program revenues. The positions are partially fimded by the following grants: COPS in Schools, COPS MORE 98, COPS Universal Hire Program, Local Law Enforcement Block Grant, STATE COPS 98, and STATE COPS 99. In addition to these grants the Department has identified additional revenue from the following sources: asset seizure, Live Scan fees, licensing fees, alarm fees, School revenue, and POST revenue. Beginning in FY 01/02 the General Fund will begin to absorb a reduction in grant revenues as illustrated in Year I fimding summary (Attachment A). The Potential General Fund support for ongoing Year I expenses is proposed to be offset by Otay Landfill Franchise Revenues. These fimding sources will be incorporated into the annual budget process. Various Agenda items relating to implementation of Year 1 are included on tonight's agenda for Council action. These items include the following: 02. / - ),;2. .'--,--------,-,---,~.._-'_. RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE POLICE DEPARTMENT 1999-2003 STRATEGIC PLAN AND CORRESPONDING IMPLEMENTATION PLAN. WHEREAS, the City of Chula Vista is a rapidly growing community in San Diego County and expects continued growth into the next decade; and WHEREAS, on December 9, 1998, the Police Department formally began the process of formulating ideas and compiling data for the department's Strategic Plan; and WHEREAS, the Strategic Plan development included over 80 staff members working in eight focus groups, the Warner Group, members of other departments and the Community; and WHEREAS, the Police Department strategic planning process was designed to provide a long-term view of the key issues facing the Department over the next 5 years and provide strategies for addressing them; and, WHEREAS, the Police Department identified eight strategic priorities consisting of Growth Management, Regional Partnerships, Technology Resources, Resource Development, Social and Crime Trends, Community Outreach and Partnership, Police Facilities, and Organizational Development; and, WHEREAS, the Department formulated goals, objectives and strategies to address each of the eight strategic priorities; and, WHEREAS, the Strategic Plan (Attachment C) includes an Implementation Plan (Attachment D) that will serve as a guide for the Department in executing the goals, objectives and strategies of the eight strategic priorities. NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the Police Department 1999-2003 Strategic Plan and corresponding implementation plan. ~Pc: Ric ard P. Emerson Police Chief A:\SPReso.DOC 02J~6 - .-.--------- Page 14, Item Meeting Date 11/30/99 Summary of Agenda Statements Year 1 Public Hearina Action Item Fundina Cateaories z...J ~ (!) -0 ...J CD(/) (/)0 (/)w ::::; ~ a:I c.. c..:¡: c..D:: ~ W _c.. FY99-00 ...J .!!I 0 :¡: 0(,) 00 0 ...J (/)(,) ::::I (,)(/) (,)::! ¡- EXPENDITURES Personnel 43,882 136,238 329,555 120,203 84,977 714,853 Salary Savings -41,070 -41,070 SUBTOTAL 43,882 136,238 288,485 120,203 84,977 0 673,783 Overtime 0 2,875 16,375 6,250 250 25,750 699,532 Personnel Services and Supplies 3,900 8,600 27,300 7,500 5,000 52,300 52,300 Services & Supplies Facility 4,000 10,000 ·500 0 10,000 383,475 407,975 407,975 Facility Personnel Related 7,608 22,300 56,694 15,325 12,500 114,427 Vehicles 0 26,787 64,101 111,936 202,824 Technology CIP 0 387,645 387,645 Prisoner Transport 45,000 45,000 SWAT Van 46,050 46,050 795,946 Equipment Related Equipment 15,508 70,561 164,970 141,011 27,750 383,475 1,256,221 South Bav Drua Court 10,000 0 0 0 0 0 10,000 TOTAL EXPENDITURES 160,440 206,799 453,455 261,214 500,372 383,475 1,965,753 REVENUES 0 Grant 112,140 206,799 259,638 80,203 472,622 1,131,401 Program Revenue 0 193,817 136,453 27,750 358,020 Other Funds 48,300 44,558 16,000 108,858 TOTAL REVENUES 160,440 206,799 453,455 261,214 500,372 16,000 1,598,279 Net General Fund Cost 0 0 0 0 0 367,475 367,475 Unbudgeted G.F. Revenue 367,475 367,475 Balance 0 0 .,)/-/3 -----------_.._~_.,--"'--,---,~--,._--------~ Page 15, Item_ Meeting Date 11/30/99 Strategic Plan recommendations beyond the first year of the plan will be brought to Council during annual budget deliberations. A five-year Summary of the proposed strategic plan is attached for Councils review (attachment B). Staff recommends the Strategic Plan be used as a guide for addressing department operational issues over the next five years. Attachments A. Year I Funding Summary B. Five year Funding Summary C. Strategic Plan D. Staffing Forecast E. Implementation Plan F. Patrol Staffing Study A:ISP Adoption Al13.doc 02/-11 -- ------ _________~__"__._, ,m'_..'___,_________· ~ u> m ::/!d;/ 0 m~_ I 0' « O~<D 0' ..... Or-: Ñ ë z m"N 0 LU q,!2r--... 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'" < c " !!: -¡ . ~ 10 .¡¡ ~ E Q; i B .s ~ c .2 ~ < ~ co .~ c '6 ." ." ~ < ..J Ii: ~ ,-~ -..--.---- -----~--'-~ Chula Vista Police Department STRATEGIC PLAN Vision of Tomorrow 1999 - 2003 MAYOR Shirley Horton VICE-MAYOR Mary Salas CITY COUNCIL Steve Padilla, John Moot, Patty Davis CITY MANAGER David D. Rowlands, Jr. ASSIST ANT CITY MANAGER DEPUTY CITY MANAGER Sid W. Morris George Krempl ~ {f?- CITY'ATTORNEY CITY CLERK John Kaheny :-~: Susan Bigelow ~......::~---..,;: ~~~~ cm OF CHULA VISTA CITY MANAGEMENT - . Candy Emerson Director of Human Resources Richard P. Emerson Chief of Police Jim Hardiman Fire Chief Robert Leiter Director of Planning and Building John P. Lippitt Director of Public Works David Palmer Library and Recreation Director Robert Powell Director of Finance Chris Salomone Director of Community Development Louie Vignapiano Director of Management and Infonnation Services TABLE OF CONTENTS The Chief s Message... ... ......... ...... ... ... ... ... ... ....................... ...''.......... ... ... ....... ..i Strategic Plan Focus Group Participants...........................................................ii The Strategic Plan...............................................................Section I, pages 1-32 Benchmarking and Best Practice Study............................Section 2, pages 1-35 Social and Crime Trends...................................................Section 3, pages 1-28 I am pleased to present the Chula Vista Police Department's Strategic Plan for 1999-2003. The Plan is the culmination of the hard work of many employees' dedication to identifYing the issues critical to our future success. In keeping with the philosophies of the City's Vision 2000 and our Conununity Oriented Policing approach, we have included those Issues important to "stakeholders" in the department's future. Those stakeholders included department employees, other city departments, city management, Council, regional, state and federal government representatives and most importantly, citizens and youth from our conununity. Their input was critical to the value of our planning document. Chief Richard P. Emerson This Strategic Plan will serve to guide the police department over the course of the next five years. This document represents the police department's conunitment to continuously seek out and implement state-of· the-art programs. It further strengthens our primary role as "peace keepers" by developing programs which strongly emphasize quality oflife issues in our conununity. With our Strategic Plan in place, the department now has clearly defmed issues on which to focus. Our individual and col1ective contributions to the many identified goals wil1 be the measurement of both our short and long-term successes. The plan is the police department's written conunitment to work for, and with, our stakeholders to continue making Chula Vista an outstanding conununity from all perspectives. i Management Team Barbara Brookover Catherine Burciaga Don Hunter Alan Kumamoto Leonard Miranda Strategic Plan Focus Group Participants Growth Management Marty Chase Joe Cline Melissa Cummings Barbara Brookover, Group Leader Edalia Gomez Dave ¡numerable Chuck Martin Scott Arsenault, Alternate Leader John McAvenia Greg Pickett Barbara Rudesill Susan Rodriguez Regional Partnerships Gary Wedge, Group Leader Robert Hinkledire Bill Johnson - Tom Jones Dan Linney, Alternate Leader Al Mendoza Manny Mendoza Rich Powers Tony Puyot Reid Walker Technology Tom Leonard, Group Leader Dennis Dodge Steve Fobes TIna Guthrie Fritz Reber, Alternate Leader Rob Halverson Chris Kelley Roxana Kennedy Pamela Powers Resource Development Iracsema Quinlan/an, Group Leader Angelica Aguilar Rusty Rea Mike Cuellar Ben Chassen, Alternate Leader Mary Leon vèrn Sallee Social and Crime Trends Don Hunter, Group Leader David Eisenberg Gary Ficacci James Fillius Cathy Burciaga, Alternate Leader John Munch Rosemary Rodriguez Pete Stevens Bryan Treul Community Outreach IInd Partnerships Mike Becker, Group Leader Eric Acda Leo Banales Dale Bourgeois Barry Bennett. Alternate Leader Darrell Brown Dan Hardman Glenn ¡saaks Matt Mozingo Richard Preuss Matt Smith Facilities Scott Adkins Olivia Castellanos Laura Coulson Gene d'Ablaing (Group Leader, retired) Marty Coulson Pedro Diaz Matt Hardesty Bill Davidson, Group Leader Alvina Harris Ken Heinz Hall King Sue Roos, Alternate Leader Kris Morrison Terri Rush Robert Sanchez Kim Tapia Lon Turner Organizational Development Frank Magor, Group Leader Brent Ballard Juan Cervantes Gary Guthrie John Carlson, A Itemate Leader Ruth Hinzman Gregory Puente Don Rhodes Yvette Roul/ier Diana Sweeting Ted Villarin ii , - ". SECTION 1 Chula Vista Police Department Strategic Plan 1999 - 2003 October 1999 THE STRATEGIC PLANNING BACKGROUND AND OBJECTIVES The City of Chula Vista is a rapidly growing community in San Diego County. In the last several years, the city has witnessed a dramatic housing expansion in the eastern portion of the city. This growth is expected to continue into the next decade. In order to continue providing high service levels to the community and plan for the effects of growth, the Chula Vista Police Department has undertaken- a comprehensive strategic planning project. The Chula Vista Police Department strategic planning process was specifically designed to: 0 Provide a long-term view of the key issues confronting the department over the next 5 years and provide strategies for addressing them. 0 Involve a broad spectrum of citizens and community groups. 0 Involve employees actively in the Plan. 0 Produce clear goals, objectives and strategies to be used in the creation of an Implementation Plan that will guide budgetary, operational, and organizational decisions. Concerned with including stakeholders from the region and department, the Chula Vista Police Department's Management Team carefully designed a strategic planning process to include significant participation on the part of department employees and community stakeholders. The Management Team invited participation from department employees by created Working Groups composed of a cross-section of department and city employees. The Working Groups provided leadership and direction in developing each Strategic Issue Area that they were assigned. Furthermore, community input was provided through a number of activities and was designed to be as broad and inclusive as possible. The police department took nine months to successfully complete this strategic planning process. The Working Group members worked arduously on this project and their hard work and participation is gratefully acknowledged. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 1 THE STRATEGIC PLANNING PROCESS The strategic planning process consisted of several distinct phases, including: c ......__ --- -- ...... - Ao_ '.t_ .- '.~I ~ c._ =- S· i~ I ! .ÞooI...~,_ DoIftIDp 'DeNIiIIp i .::... ~ ~ ,'-;l~" ,.,.....,I,PIMelltFIMI _kltt...oI! ..- I...,..... ' .. .. --r ,.'"*!IIe.... M_. I.......... i........ ,'", : ,.-- :CcIndMat~ I :,: I ~:"'..- ....- I ,': ~ " : :=,- ~::,~::,:,:.:'..::, ''',:..., ',:.'--.' :"..:. !_- '._11- Internal Assessment - A review of current department resources, programs, and -- management systems. Focus group discussions with department personnel to gather their feedback. External Assessment - Research designed to analyze the environment that the department operates within, including significant demographic, economic, technological, and political trends. Also the gathering of input from various Chula Vista community segments through a community survey, personal interviews, and focus group discussions, Identification of Key Strategic Issues - After extensive evaluation of the input received, the Working Groups and Management Team identified the issues of greatest concern to the department and the community of Chula Vista and developed a set of Strategic Priorities to address them. Development of Mission, Vision, and Values - Based upon all of the input received, the Working Groups and Management Team developed a long-range perspective consistent with the department's and community's desires. The Mission, Vision and Values statements were reviewed and adopted by department employees. Development of Goals, Objectives and Strategies - Further refines what the department and community want most to accomplish in the future. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 2 Preparation of Action Plan - Identifies the next steps for creation of an implementation plan subsequent to the adoption of the Strategic Plan. Input into the plan was specifically gathered from: Police Department City Interviews Community Interviews Employees Many of the City's Council Key community Eight Focus Groups each Members and Department stakeholders, such as the addressed a strategic issue Directors were interviewed Chula Vista Schools, area, conducted extensive and provided input into the developers, community research, and identified key strategic issues facing groups and business many of the department's the Police Department. groups were all given the Key Issues. Additionally, opportunity to identify key multiple employee issues the department interviews provided further should focus on in the next input. five years, Strategic Issue Areas and Feedback Environmental Scan Community Survey Benchmarking Data A comprehensive scan of The 1997 Chula Vista A comprehensive demographic, social, crime, Resident Opinion Survey benchmarking study was transportation and industry data was utilized to gauge also utilized to identify key trends was conducted. The resident perception of practices of other Scan provided the crime and level of safety, comparable police department with valuable as well as department departments and to identify data on the look and feel of performance. The survey public safety best practices. the Chula Vista community sampled 3,000 households in the next 5 to 10 years. In Chula Vista. The department utilized the information gathered from the sources listed above and examined what was working well in the department and what areas could be improved. The department also considered the environmental factors affecting the department and Chula Vista Community. Analyzing input received from the stakeholders listed above in the framework of Strengths, Weaknesses, Opportunities and Threats (SWOT) enabled the department to better understand the key issues facing the organization and to develop the appropriate goals and objectives for those issue areas. A Summary of the SWOT Analysis and the key participants is included in the Appendix. CHULA VISTA POLICE DEPARTMENT STRATEGIC PLAN 3 COMPONENTS OF THE STRATEGIC PLAN The Mission statement expresses' the department's purpose and describes its role, responsibility, and commitment in carrying out the Plan to assure the realization of the department's vision. The Values statement describes the key attributes that are most important to individuals, the community and the department. The Values are the foundation upon which we make decisions and set goals in the Strategic Plan by setting forth positive attitudes and behaviors by which to live and govern. The Vision statement describes the department achieving its full potential and drives the Strategic Plan. The Vision articulates a destination for the Chula Vista Police Department and reflects the high ideals identified by the department as we look to the future. The Strategic Priorities identify those issues that are important for the department to address in the future. Through the data gathered for this project, the following are key areas which the department and community consider extremely important in achieving our Vision. While the Strategic Priorities may be divided into categories, they all are of equal importance, and inextricably interrelated. In no order of importance, the following lists the department's Strategic Priorities: [J GROWTH MANAGEMENT [J REGIONAL PARTNERSHIPS [J TECHNOLOGY [J RESOURCES [J SOCIAL AND CRIME TRENDS [J COMMUNITY OUTREACH AND PARTNERSHIP [J POLICE FACILITIES [J ORGANIZATIONAL DEVELOPMENT Goals state what the department desires to accomplish, or become, over the next several years in relation to a particular Strategic Priority. Goals provide the basis for decisions about the nature, scope, and priority of the projects and activities needed to achieve the Vision. Objectives help to further define the goal by providing a measurable target that must be met to obtain the goal. As time passes and situations change, objectives will change while the goal may remain the same. Strategies are the means by which the department intends to accomplish a Goal or Objective. They comprise activities, projects, initiatives and programs. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 4 MISSION, VALUES AND VISION STATEMENTS CHOLA VISTA POLICE DEPARTMENT MISSION The Mission of the Chula Vista Police Department is to enhance the quality of life in the City of Chula Vista by: · Providing a proactive and professional level of police service ensuring safety through commitment, integrity, and trust. · Managing resources effectively. · Treating all persons with fairness, respect and dignity. · Maintaining a partnership with the community to meet contemporary and future challenges. CHULA VISTA POLICE DEPARTMENT VALUES Honesty & Integrity Honesty will produce an atmosphere of trust and is expected of all employees. Personal and organizational integrity is paramount to our profession. Honesty and integrity nurture an open and safe environment for all. Recognition We recognize all employees for their contributions and reward them for the quality work and service they provide to the organization and community. We believe our employees are our most valuable asset. Leadership We are leaders in our community and in our professions. We share a vision to improve the quality of life in Chula Vista through our leadership and involvement with the community, Teamwork We will develop and embrace the spirit and concept of teamwork and cooperation for our community. Teamwork unites the citizens and police by sharing talent and expertise toward the success of common goals and objectives. Fairness All employees will be equally valued and treated with dignity, respect, and fairness. Rewards and discipline will be initiated as a result of behavior not personality. We will follow the concept of treating others as we would expect to be treated. CHULA VISTA POLICE DEPARTMENT STRATEGIC PLAN 5 Work Ethic We will provide high quality service by our work ethic, resulting in positive results for our community. This will be accomplished by everyone striving for excellence through professionalism. The highest standard of public service and job satisfaction is our goal. Employee Development We support the professional growth and development of all employees. This will be done in a collaborative and ongoing process involving supervisors and subordinates developing career goals supported by the organization. The process will include education, training, technology and equipment designed to assist each team member in accomplishing their goals. Communication Effective and open communication at all levels is the cornerstone of a progressive organization. We value honest, constructive discussion of ideas, performance and decisions that help accomplish the goals of the department. Community We will develop programs that seek solutions to community issues through a partnership with the police department and the people we serve. Through this partnership we recognize and appreciate individual differences and encourage all citizens to promote community pride. CHULA VISTA POLICE DEPARTMENT VISION Our Vision Statement expresses an ideal that we are constantly striving and working to achieve, We strive to be a model law enforcement agency ensuring a safe community for all residents, visitors and businesses through proactive policing. Community Partnerships: Through innovative partnerships, ongoing community dialogue, and proactive problem solving, Chula Vista will strive to be a safe, thriving community. Outstanding Employees: Chula Vista Police Department employees will be recognized leaders in law enforcement. We will work in a desirable work environment that not only supports its employees, but recognizes and rewards our efforts. We will be highly trained, dedicated to serving the community, and driven by our profession. We will continually be committed to the department's Mission of enhancing the quality of life. State-of-the-Art Resources: We strive to provide the highest level of service to the community by utilizing state-of-the-art police facilities, cutting-edge technology and innovative crime fighting techniques. Regional Leaders: We will be an acclaimed regional resource for law enforcement services, information and expertise. CHULA VISTA PoLICE DEPARTMENT STRATEGIC PLAN 6 STRATEGIC ISSUE 1 - GROWTH MANAGEMENT The City of Chula Vista is a rapidly growing community in San Diego County. Significant housing expansion is currently underway in the eastern portion of the city that will dramatically change the community's demographics in the next decade. Furthermore, well-established areas in the community require the same level of seNice prQllided by the department in the past. By proactively identifying the service levels required by new as well as existing residents, the police department will best seNe the needs of the entire Chula Vista community. GOAL. Ensure that the department continues to provide responsive, high-quality and cost effective services to meet the needs of a rapidly growing and changing Chula Vista community. Objective A. Ensure adequate staffing and beat officer deployment to provide cost- effective service to the city's rapidly growing community. Strategy A.1. Maintain staffing levels to serve the community and support key department programs. 0 Develop a staffing and organizational transition plan as the department grows. 0 Utilize police department patrol staffing formula to determine appropriate staffing levels for the Patrol Division. 0 Update staffing formula annually. Staffing fonnula is based on: 0 Patrol Calls for Service (CFS) 0 Average time spent on CFS 0 Average time for Back-up Officer 0 Total Field Hours 0 Officer Availability 0 Officer turnover 0 Officer initiated activity 0 During annual updates, consider population projections and current population increases. 0 Increase the ratio of Officer Time Spent Responding to Calls For ServicelOfficer Initiated Activities to 1: 1. 0 Allocate staffing levels to ensure that the department's priorities are implemented. 0 Identify use of altemate responders for appropriate calls. 0 Increase utilization of CSOs for non-priority Calls For Service. 0 Determine appropriate staffing levels for all other department units based upon Strategic Priorities. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 7 Strategy A.2. Determine optimum beat configuration within the city. · Based upon the patrol staffing formula and population increases, annually review the beat structure to determine if additional beats are required in the city. · When evaluating the beat structure, conduct working sessions with sergeants and lieutenants to identify appropriate beat deployment strategies. · As appropriate, utilize beat collapse techniques 1 for patrol, particularly when adding a new beat. · Consider service area decentralization and evaluate police services, units, activities, and positions that could be decentralized to beat level. · Link decentralization efforts to community policing. Strategy A.3. Develop transition plan for staffing and beat deployment to meet the needs of the community. · Communicate with the community about beat deployment and staffing changes. · Examine a shift schedule that allows for variation in shifts but enables an officer to stay in the same area for an extended period of time. Strategy A.4. Evaluate patrol response time. · Assess current measures of response time and adjust to reflect current tools in place (CAD system). · Evaluate and modify, as appropriate, response times established by the Growth Management Oversight Committee. Objective B. Proactively involve city departments and the community in planning for growth. -- Strategy B.1. Assess, on an ongoing basis, development and growth issues that critically affect community services. · Proactively co'ordinate with developers and other city departments on planned developments and planning initiatives throughout the community. · Communicate with the City's Economic Development Department to ensure coordinated efforts related to the attraction and development of new businesses. · Monitor future projects and initiatives. Objective C. Continually assess the need for new initiatives and target programs as the department grows and new issues arise related to growth. Strategy C.1. Track demographic, economic, environmental, political and social trends as they affect the department's service levels. · Utilize dedicated research and development resources to monitor environmental trends and changes and communicate these to the Command Staff and entire department. · Track economic changes and their effect on growth and crime in the city. · Maintain Tough on Crime to proactively identify crime trends throughout the city. · Maintain department Crime and Social Trends document to monitor growth and changes in the community. , Beat Collapse - Combining two beats during slow call hours to more efficiently patrol an area. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 8 STRATEGIC ISSUE 2 - REGIONAL PARTNERSHIPS We recognize that through developing regional partnerships we are able to enhance the level of service we provide to the community. Through partnerships we are able to pool resources and work cooperatively to address problems. San Diego. County agencies have a long tradition of working in cooperation with other city, county, state. and federal agencies to address the law enforcement issues that face our communities. Through the furthering of these partnerships, we will improve the level and types of service we provide the community, and do so in a cost-effective manner. Goal. Maintain effective regional partnerships with law enforcement agencies, government agencies and other regional organizations to provide economical services and resources to the community. Objective A. Achieve cost savings through regional partnerships and services. Strategy A.1. Actively participate in regional technology partnerships to ensure the department has access to state-of-the-art technology and valuable information, · Continue to take a lead role in ARJIS. · Continue to take a prominent role in other regional partnerships. Strategy A.2. Evaluate a regional or shared communications dispatch operation. · Conduct a needs assessment and cosVbenefit analysis for shared dispatching. · Evaluate regional dispatch opportunities and assess related concerns. · Communicate actively with Fire Department personnel. · Consider expanding animal control dispatch to outside agencies. · Identify technology requirements. Objective B. Provide improved law enforcement services through shared regional and national resources. Strategy B.1. Determine personnel needs for the appropriate staffing of task forces, coalitions, and joint efforts. · Assess current staffing and resource requirements for regional task forces, coalitions and joint efforts. · Evaluate future staffing and resource requirements for regional task forces, coalitions and joint efforts. · Support regional task forces that address bi-national issues. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 9 Strategy 8.2. Assess opportunities for regional training partnerships. 0 Conduct a needs assessment and cost/benefit analysis for joint, regional training opportunities with: 0 The Olympic Training Center 0 Regional colleges or universities 0 Regional technical programs 0 Military and law enforcement operations 0 If feasible, develop an implementation and marketing plan for the regional training. Strategy 8.3. Team with regional agencies to provide S.W.AT. services. 0 Conduct a needs assessment and cost/benefit analysis for regional S.W.A.T. services. 0 If feasible, develop an implementation and marketing plan for regional S.W.A.T. services. ~ 0 Identify additional agencies for coordinating S.W.AT services. Strategy 8.4. Consider providing helicopter pad services to regional agencies. 0 Consider incorporating a helicopter pad in the design of the new police facility. 0 Conduct a needs assessment and cost/benefit analysis for regional helicopter pad services. 0 If feasible, develop an implementation and marketing plan for a regional helicopter pad. Objective C. Enhance current facilities and services through regional partnerships. Strategy C.1. Continue to enhance partnership with San Diego County Crime Lab. 0 Continue strong relationship with the County Crime Lab. 0 Identify additional services that Chula Vista's crime lab could provide. 0 Provide necessary resources and certification levels for Chula Vista crime lab technicians. o· Incorporate any additional Crime Lab needs in design of new facility. Strategy C.2. Improve radio communication system through regional partnerships. 0 Assess current communication requirements. 0 Consider additional sources for meeting radio communication needs. 0 As needed, develop a transition plan to move to another system. 0 Assess necessary equipment upgrades. Strategy C.3. Improve recruiting opportunities through regional consortiums and initiatives. 0 Participate in regional recruiting consortiums. 0 Develop partnerships with regional colleges and universities to attract candidates. 0 Proactively initiate a college and university campus-recruiting program. 0 Develop a detailed recruitment plan. 0 Provide dedicated recruiting resources. 0 Continue to develop the department's Cadet and Explorer programs. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 10 Strategy C.4. Ensure an adequate booking facility for prisoners. · Conduct a feasibility analysis and cosUbenefit analysis for incorporating an expanded holding facility in the new facility design. · Utilize expert consultants to assess specific holding facility requirements for Chula Vista. · Contact the National Institute of Corrections to conduct a holding facility assessment. .. If appropriate, incorporate a holding facility into the design of the new facility. Objective D. Continue to take a prominent role in regional and national task forces in which the department currently participates, such as RATT, JUDGE, Narcotics Task Force, Operation Alliance, Marine Air, and Forensic Computer Lab. Strategy D.1. Identify important areas of regional recognition and expertise for the department. · Communicate benefits of the following programs to regional agencies: · Alcohol and Beverage Control · Family Protective Services · Citizen Advisory Support Team (CAST) · School Resource Officers (SRO) · Senior Volunteer Patrol (SVP) Strategy D.2. Ensure appropriate communication and coordination on areas of expertise with other agencies. · Identify departmental experts to educate regional agencies on initiatives and activities underway in the department. · Provide dedicated time and resources to ensure staff development in areas of expertise. · Provide dedicated time and resources to attend regional and national conferences in department areas of expertise. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 11 STRATEGIC ISSUE 3 . TECHNOLOGY The effective application of technology is becoming increasingly important for law enforcement organizations, enabling them to better serve their communities and operate in a more efficient manner. Today, advances in technology assist law enforcement agencies in obtaining nearly instant information on suspects, tracking crime trends and sharing information with the communities they serve. Furthermore, federal grant initiatives and support programs are focusing efforts on utilizing technology to increase the amount of time officers spend in the community. Goal. Plan for and implement a technology infrastructure to support the department's growth, increase employee productivity, ensure access to timely information and enable officers to spend more time on community activities. Objective A. Develop a Department Information Technology Plan and evaluation process. Strategy A.1. Prioritize department technology requirements: 0 Assess information, communication and law enforcement technology needs. 0 Prioritize departmental technology needs and requirements. 0 Ensure appropriate resources are secured for technology requirements. 0 Develop a comprehensive 5-year Police Department Information Technology Plan. 0 Utilize Technology Plan to prioritize information technology purchases. 0 Coordinate technology needs and requirements with the new police facility. Strategy A.2. Develop a comprehensive technology evaluation process. 0 Develop criteria to assess technology purchases. 0 Develop a standard technology procurement and implementation process. 0 Utilize the department's Planning and Research Unit to assist in the evaluation process. Strategy A.3. Establish a Technology Steering Committee composed of a cross- section of personnel representing all areas of department. 0 Utilize the Technology Steering Committee in developing the technology plan and prioritizing technology purchases. Strategy A.4. Consider Implementing a Records Management System. 0 Consider administrative needs for automated functions. 0 Integrate police administrative functions with enterprise-wide human resources and financial tracking. 0 Integrate with regional technology efforts currently in place, such as ARJIS. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 12 Strategy A.5. Assess effectiveness of current Computer Aided Dispatch System. · Consider departmental reporting needs and functional needs of CAD system. · Ensure adequate training on CAD field reporting. · Ensure appropriate integration between the city's GIS Data and the CAD's Geofile. · Provide adequate training and resources to fully utilize CAD reporting software, · Expand CAD to include mapping capabilities. Objective B. Enhance the department's Internet Site to improve communication and automate community services. Strategy B.1. Coordinate with the city's technology division to enhance the department's web site. · Coordinate with the city to develop a City Bulletin Board to provide Chula Vista, and non-Chula Vista residents, with timely information on police department activities and community developments. · Utilize the Internet to recruit future department employees. · Link with the city's Human Resources web page for recruitment. · Utilize the Internet for service transactions. Strategy B.2. Coordinate with the city to develop a city-wide Intranet. · Increase communication and coordination on projects with other city departments. · Decrease the use of paper and expedite workflow. · Identify necessary resources to secure and develop a fully functional Intranet. Objective C. Utilize technology to increase community and officer safety. Strategy C.1. Utilize technology to track and identify crime patterns and trends in the community. · Continue Tough on Crime initiative and dedicate appropriate staff to further the program. · Seek grant funding to obtain necessary crime monitoring tools, CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 13 STRATEGIC ISSUE 4 - RESOURCE DEVELOPMENT As the city population continues to grow, it is imperative that adequate resources are in place to support such department strategic initiatives as enhancing community services, improving facilities and increasing staffing levels. Historically, the department has successfully utilized grant funding to increase staffing and implement new technologies. As these grant commitments expire, there will be a need for the city and department to explore new funding altematives. Furthermore, the department is embarking upon a major capital project, a new police facility, and will need to identify funding sources for the facility. Goal. Manage and prioritize resources to best serve the community and achieve the department's goals and objectives. Objective A. Ensure adequate resources to support strategic initiatives. Strategy A.1. Develop a comprehensive funding strategy for strategic initiatives. · Consider alternate funding sources to support strategic initiatives. · Identify resource requirements for strategic initiatives. · Match funding sources with resource requirements. ~- Strategy A.2. Develop a transition plan to meet grant-funding commitments. · Assess and track current grant funding levels. · Develop a grant funding transition plan. Strategy A.3. Secure funding for the new police facility. · Coordinate project with facility project manager throughout planning and construction. · Assess funding alternatives. · Ensure communication and coordination with city and community on new department facility. Objective B. Diversify revenue stream to maintain greater reliability of department funds. Strategy B.1. Utilize numerous revenue sources. · Explore additional revenue sources, including: · Crime lab services - photos. · Live Scan · Asset seizure · Animal Shelter CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 14 . Other fees for service Strategy 8.2. Consider use of alternate services to increase efficiency. · Explore alternative prisoner transport. · Assess other revenue generating services. Strategy 8.3. Utilize strategic partnerships to achieve cost savings and increase services to the community. · Evaluate expansion of animal control services provided to outside agencies. · Assess other revenue generating services. Objective C. Increase efficiency throughout the department. Strategy C.1. Utilize comprehensive research and development for strategic technology, staff and equipment purchases. · Ensure procurement and grant efforts are based on long-term goals and objectives. · Condúct appropriate research and development for procurement procedures. · Determine resource requirements and implementation plans when applying for grant monies. Strategy C.2. Utilize Performance Improvement efforts to increase efficiency and operations throughout the department. · Conduct regular performance audits throughout the department. · As needed, undertake performance improvement and engineering efforts. · Identify proper performance measures for processes, and track regularly. CHULA VISTA POLICE DEPARTMENT STRATEGIC PLAN 15 STRATEGIC ISSUE 5 - SOCIAL & CRIME TRENDS· Chula Vista will experience a dramatic population growth in the next five years accompanied by significant socioeconomic and demographic population changes. Many of these changes will influence the type and nature of crime the city will face during the growth years and beyond. However, citizen expectations of the department will remain high. The Chula Vista Police Department must work to monitor contributing social conditions, proactively prevent and deter new crime and be ready to address changing crime trends in the city. Goal. Plan for and address crime trends throughout the community and region to ensure a safe community for Chula Vista's residents. Objective A. Decrease juvenile crime throughout the city. Strategy A.1. Monitor changes and trends in the juvenile population that could have an impact on increased or decreased juvenile crime. · Perform regular integrated trend updates using all available data sources. · Produce and publish regular projections (with interpretation) based on data and the findings of other law enforcement and community agencies. · Adjust the department's investigative and intervention activities as warranted. Strategy A.2. Work in cooperation with other city departments and community agencies to deter juvenile crime through proactive activities. · Coordinate with the City Library and Recreation Department to develop and enhance after-school programs for youth. · Consider expansion of Juvenile Diversion program through South Bay Community Services and the other social service agencies. · Continue to coordinate with community youth and social service programs, such as the Boys and Girls Club and YMCA, to create effective youth activities. · Continue active sponsorship of PAL program. · Seek grant funding for joint department programs. Strategy A.3. Enhance the department's relationship with Chula Vista Schools. · Develop a transition plan for additional officers for the School Resource Officer (SRO) and Elementary School Resource Officer (ESRO) programs as the new school construction effort continues. · Transition to utilizing ESRO/SRO Teams to serve a group of schools and maintain staffing ratios for ESROs and SROs. · Consider a School Resource Unit to manage all SRO programs. · Configure schools appropriately. · Regularly coordinate with the school districts. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 16 · Conduct special juvenile education programs throughout the school year. · Establish program criteria for School Resource Officer program. · Communicate and coordinate with private schools in the city. Strategy A.4. Target and reduce juvenile criminal activity. · Identify and target at-risk youth for intervention. · Identify effective new juvenile crime prevention programs and techniques by working in cooperation with other law enforcement agencies. · Perform ongoing evaluation of new and existing gang suppression efforts. · Continue existing education through the Gang Alternative Program (GAP) in the elementary schools. · Evaluate placing a probation officer in the department to coordinate with the Juvenile Investigators. Strategy A.5. Significantly reduce graffiti throughout the city. · Coordinate with the city on graffiti prevention, deterrence, enforcement and eradication activities. · Work closely with the community, business groups, and other city departments to provide education on anti-graffiti efforts. · Identify national best-in-class programs2, and apply to anti-graffiti issues. Objective B. Decrease drug and narcotics activity throughout Chula Vista. Strategy B.1. Actively monitor and address narcotics activity in the city. · Increase the number of drug related arrests. · Ensure necessary resources are secured for narcotics enforcement. · Secure necessary technology for narcotics enforcement. Strategy B.2. Actively participate in regional, national and international narcotics task forces. · Continue close working relationship with the California Border Alliance Group (CBAG) and the Narcotics Information Network (NIN). · Ensure adequate technology resources for the accurate and timely sharing of information with regional, national and international agencies. · Continually address drug abuse, drug trafficking, and NAFTA related issues. · Ensure adequate resources are dedicated to the regional narcotics task forces. Objective C. Enhance the department's activities to decrease domestic violence and sexual assaults. Strategy C.1. Monitor changes and trends in domestic violence and sexual assaults. · Conduct regular integrated trend updates using all available data sources. · Produce and publish regular projections (with interpretation) based on data and the findings of other law enforcement and community agencies. · Adjust the department's investigative and intervention activities as warranted. 2 Any program which is well recognized and respected by others in the same industry/practice. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 17 Strategy c.2. Educate the public on domestic violence. · Provide the public with resource information on the Internet. · Increase high school education on domestic violence and sexual assault. · Continue advocacy through victim support groups such as South Bay Community Services and Children's Hospital. Objective D. Proactively identify and reduce incidents of computer technology crimes in Chula Vista. Strategy D.1. Coordinate with regional, state and federal technology initiatives. · Participate in San Diego Regional Computer Forensics Laboratory (RCFL). · Monitor National Institute of Justice publications and research related to technology crimes. Strategy D.2. Educate officers on technology and Internet crimes. · Develop procedures for identifying and handling technology crimes. · Educate on means of gathering evidence. · Utilize contacts and resources in the region for assistance. Strategy D.3. Monitor computer crime trends to target specific activities. · Coordinate with regional and national task forces. · Utilize dedicated research and technology for those tasks and activities. Objective E. Improve traffic safety throughout the city. Strategy E.1. Conduct traffic safety education for youth. · Conduct DUI and driver safety education at the high schools. · Conduct 'Every 15 Minutes' presentation at the high schools. · Communicate with high school students during the proml graduation time period. · Continue partnerships with junior and high school students. Strategy E.2. Educate the community on traffic safety. · Conduct regular DUI checkpoints. · Consider conducting seat belt and child safety seat checkpoints. Strategy E.3. Target high-risk traffic areas for increased enforcement activities. · Intensify traffic enforcement activities at peak hours in high-risk traffic areas. · Increase the number of traffic officers to meet increased service demands. · Continue partnerships with other law enforcement agencies to increase speed enforcement and other targeted activities. · Provide accident reconstruction training to traffic officers. Objective F. Monitor licensing activities throughout the city. Strategy F .1. Actively monitor and address licensing of regulated businesses in the city. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 18 · Identify staff to monitor and address licensing activities. · Assess effectiveness of licensing activities. · Ensure appropriate customer service training for officers involved in licensing activities. · Card Room · Licensing · Alcohol Beverage Control · Adult Bookstores · Tow Yards · Public Transportation · Pawn Shops - . · Second Hand Stores · Gun Shops - Objective G. Decrease auto theft incidents in the city. Strategy G.1. Coordinate with regional task forces and communicate with the community to reduce auto theft throughout the city. · Educate city residents on vehicle theft prevention techniques. · Educate city businesses on vehicle theft prevention initiatives. · Develop annual theft reduction targets. · Coordinate closely with the RATT task force. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 19 STRATEGIC ISSUE 6 - COMMUNITY ISSUES: OUTREACH AND PARTNERSHIPS Through community outreach programs, partnerships with volunteer groups, and other proactive citizen involvement programs, the department is furthering the principles of community problem solving. As the department grows, it is important to maintain close ties with, assess the expectations of, and continue to educate the community on programs and initiatives. The department will also continually strive to improve communication with other city agencies to ensure coordinated services throughout the community. Goal A. Create a sense of partnership between the department and Chula Vista Community in order to proactively address community needs and involve citizens positively in public safety and the prevention of crime. Goal B. Foster an environment of open communication, shared ideas and free- flowing information throughout the city departments. Objective A. Enhance community partnerships for problem solving and regularly educate the community about these partnerships and programs. Strategy A.1. Provide the community with coordinated, timely and accurate ,- information. · Create a Police Community Relations Unit to coordinate and lead all communication efforts regarding enforcement programs, volunteer programs, community programs, and Special Events. · Increase use of technology and the Internet to communicate with the Chula Vista Community. · Utilize technology to enhance coordination with other city departments. Strategy A.2. Continually seek community input. · Utilize telephone and written surveys to gather information and perceptions from the community. Monitor annually. · Conduct community focus group discussion to gather qualitative feedback on department performance. · Coordinate with city-wide Community Policing Committee. Strategy A.3. Continue to support and recognize Community Volunteer Programs. · Further define and increase the role of community volunteer programs. · Secure appropriate resources to manage community volunteer programs, including: . Citizen Advisory Support Team (CAST) . Senior Volunteer Program (SVP) CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 20 · Police Activity League (PAL) · Volunteers in Policing (VIP) · Citizens' Academy · Reserves · Explorer Scouts Strategy A.4. Celebrate department successes and accomplishments with the community. · Conduct open-house - coordinate with other city departments and the media. · Regularly communicate department successes. · Utilize a city-wide electronic bulletin board to increase information shared to the Community. · Continue to foster a positive relationship with the media. Objective B. Develop partnerships with the Chula Vista business community and regularly educate the business community about these partnerships and programs. Strategy B.1. Enhance the level of communication with Chula Vista businesses. · Regularly attend Downtown, Broadway and other business association meetings throughout the year. · Assign beat-officers, as available, to business association meetings. · Coordinate with the City's Economic Development and Community Development Department. 5arategy B.2. Foster customer service in working with the business community. · Provide customer service training to officers working with the business community. · Identify key customer service principles to apply to business interactions. · Work with other city departments to streamline permit licensing processes and business transactions for area businesses. · Seek input from the business community through a customer satisfaction survey. Strategy B.3. Seek business community support for targeted activities. · Identify available business resources. · Identify business sponsorship opportunities for police activities and initiatives. Objective C. Promote and market the department's activities throughout the city and community. Strategy c.1. Communicate department initiatives as appropriate. · Crime-Free Multi-housing · Graffiti abatement · Neighborhood watch · Business watch CHULA VISTA PoUCE DEPARTMENT STRATEGIC PLAN 21 Strategy c.2. Market the police department's programs and activities to the community. · Develop a communication plan. · Utilize strategic plan as a foundation. · Identify target audiences. · Develop appropriate messages. · Consider communication means. · Develop marketing materials. · Link with recruiting initiatives. · Link with department information -letterhead, logo, marked vehicles, etc. · Ensure dedicated resources are assigned to marketing the department. Objective D. Foster the principles of Community Oriented Policing and Problem-Solving throughout the police department and other city departments. Strategy D.1. Develop community policing goals for each officer. · Officers should target a certain number of community policing activities each year. · Redesign employee evaluation forms to assess and reward employees for community policing practices and initiatives. · Ensure participation with San Diego Regional Community Policing Institute3. Strategy D.2. Increase interaction between police department and city departments. · Develop collaborative problem-solving initiatives with city departments. · Target a number of annual joint problem-solving initiatives. · Coordinate with city-wide Community Policing Committee. 3 A division of the San Diego Police Department offering COPPS training to all levels of law enforcement personnel. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 22 STRATEGIC ISSUE 7 - FACiliTIES As the community grows, staffing levels and facility accommodations will necessitate commensurate growth to the community. The department clearly recognizes the insufficiency of the current police facility in accommodating employees and the services they strive to provide. The future facility should properly accommodate the growing police department staff, provide officers and employees with the needed space to work and enhance ties to the community. Goal. Build a facility to meet the community's needs and support a productive and satisfied workforce environment through the year 2020. Objective A. Develop a comprehensive plan for developing a new facility. Strategy A.1. Create a project team. Include the following positions in the project team: · Department Project Manager · Crime Lab Manager · Investigations Lieutenant · Watch Commander · Range Master · City Representative · Lead Communications · Juvenile Sergeant · Patrol Sergeant · Technology Manager · Family Protective Services Sergeant · Business Office Manager · Volunteer Coordinator · Administrative Sergeant · City Vehicles Maintenance Manager · Other staff as appropriate Strategy A.2. Outline preliminary project scope. Strategy A.3. Educate city and community on project. Strategy A.4. Gain support of city and community for project. Strategy A.5. Identify general costlfunding issues. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 23 Strategy A.5. Distribute RFP for appropriate consultant/architectural services. Strategy A.7. Consider all other justice needs. Strategy A.B. Conduct a thorough program assessment and link design to Strategic Plan. Specifically consider: Crime Lab/Property · Additional property and evidence storage. Investigations Division · Larger office space for the Investigations division. · Larger cubicles for the investigators. · Monitored interview room for each investigative unit. · Computer and space for each investigator. · Law library. · Specialized equipment space. Patrol Division · Roll Call room. · Juvenile detention room. · Report writing room. · Work stations with computers. · Locker room. · Equipment lockers. · Building security. · Secured sallyport. · Coveredlindoor parking lot for patrol vehicles. · Employee parking. · Children's interview room. · Consider effects of the City Corp yard mQving to the east side of the city. · Community room. · Volunteer offices. Business Office · Live Scan area · Optical Disk Work Stations · Front Counter I Public Entrance · Transcription · Records access and storage · Ergonomic Workstations Communications · Office for Lead Communications Operators (LCOs) · Lounge Crime Analysis Fireanns Range Planning and Research Community Relations Division Planning and Research · Financelprocurement · Analytical suppport CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 24 Community Relations Traffic Division Helicopter Pad (only) Task force offices for housing regional programs Jail/holding facility Main loungelcanteenlcafeteria Technology Staff Administrative Services · Internal Affairs · Training · Backgrounds · Recruitment · Interview Rooms Strategy A.9. Utilize all existing planningldesign resources. Strategy A.10. Conduct a thorough space needs analysis. · Meet with agencies and volunteer groups that coordinate with the department. · South Bay Community Services. · Citizen Advisory Support Team (CAST) · Senior Volunteer Program (SVP) · Reserves Strategy A.11. Assess facility options. · Consider west- and east-side service level concerns. Strategy A.12. Refine project goalslscope after needs analysis. Strategy A.13. Conduct site analysis/selection. Strategy A.14. Refine cost needs based on program assessment. Strategy A.15. Develop preliminary designllayout decisions. Strategy A.16. Final decisions on all project design/elements. Strategy A.17. Build facility. Objective B. Incorporate department strategic initiatives as factors influencing the architectural design of the facility. Strategy B.1. Identify technology design requirements. · Coordinate with New Facility Architect. Strategy B.2. Identify community outreach design requirements. Strategy B.3. Consider employee design requirements. Strategy 8.4. Assess other safety issues. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 25 STRATEGIC ISSUE 8 - ORGANIZATIONAL DEVELOPMENT Organizational issues are critical for all law enforcement agencies. As agencies grow, implement community policing, and increase the use of technology, they are inherently changing their organization and the way they operate. In order to achieve success in a time of significant change, the department should ensure that employees are sincerely recognized and acknowledged for their contributions to the organization. Goal. Ensure that employee recruitment, training and retention are a priority as the department continues to grow and change. Objective A. Create an environment that emphasizes continuous professional development for department employees. Strategy A.1. Ensure proper law enforcement training to support the department's growth. · Develop and maintain a current department training plan based on needs and requirements. · Determine a mechanism for annual updates of the plan. ~- Strategy A.2. Systematize training for new hires. · Develop a-curriculum for new employee training. Strategy A.3. Regularly review course offerings for updates, relevance to department goals, and gaps in training coverage. · Improve customer service training throughout the department. · Increase training on communication and interaction skills. · Increase participation in city and regional training consortiums. Objective B. Develop and communicate a comprehensive recruiting approach that attracts candidates to the department. Strategy B.1. Redesign the recruiting process to support department hiring goals. · Ensure adequate resources are dedicated for department hiring goals. · Provide training for department employees to participate on a recruiting team. · Target annual recruiting missions and trips. Strategy B.2. Develop a department recruiting plan. · Develop a comprehensive recruiting plan. · Utilize strategic plan as a foundation. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 26 · Identify target audiences. · Develop appropriate messages and themes. · Consider communication means. · Develop recruiting materials. · Link with department information -letterhead, logo, marked vehicles, etc. · Set annual recruiting targets for each year. · Ensure appropriate compensation structures for attracting employees. Strategy B.3. Improve recruiting opportunities through regional consortiums and initiatives. · Participate in regional recruiting consortiums. · Develop partnerships with regional colleges and universities to attract candidates. · Proactively initiate a college and university campus-recruiting program. · Identify linkages and opportunities to tap into criminal justice programs. · Continue to develop Cadet program. Objective C. Redesign the employee performance evaluation process. Strategy c.1. Develop a new performance evaluation process to enhance the level of input provided to employees. · Tie in to city's new performance evaluation programs. · Provide training for supervisors and employees on performance evaluations. · Utilize study previously conducted for the department as the foundation for the training initiatives. · Develop performance evaluation criteria that better reflect contemporary law enforcement policing philosophies. Objective D. Ensure accurate and responsive communication throughout the department and with the city. Strategy D.1. Develop a department communication plan. · Develop a targeted approach to improve communication among divisions. · Continually address communication between management and staff. · Improve communication between the department and city. · Utilize existing task forces and committees to improve communication. · Increase use of technology to improve communication, e.g., e-mail, intranet, etc. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 27 Objective E. Enhance and communicate a high-level of pride and professionalism throughout the department. Strategy E.1. Enhance activities that support employees, increase retention levels and allow for employee input. · Recognize and support employees for their hard work. · Acknowledge employee"accomplishments. · Implement specific morale boosting activities for employees. · Seek employee input and participation in department decision-making. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN 28 APPENDIX - STRENGTHS, WEAKNESSES, OPPORTUNITIES AND THREATS (S.W.O.T.) Key Department Strengths - Those aspects of the d~partment that are working well, and we would like to maintain, or enhance: Level of Professionalism in the Department - The department received the highest praise from all community members and regional agencies interviewed as being a professional and well run organization. Level of Professionalism among Officers - Similarly, the city and community members consider the officers who work and provide service to the community do so . in a professional manner. Relationship with the Schools and the School Resource Officer Program - Clearly viewed as one of the most successful programs the department currently runs and one that continually enhances a close working relationship with the schools. The School Resource Officer program is considered to be a wonderful, innovative program by all stakeholders. Participation in Regional Initiatives - The department is clearly viewed as a leader and an involved participant in all of the regional task forces, regional partnerships and regional working relationships in which it is currently involved. Participation of Department in Community Events - The department is involved in community initiatives and was commended for participating in a number of community groups. The community groups gave particular praise to the department's command staff. Use of Grant Funding for Programs - The department has been successful in utilizing grant funding to support numerous initiatives including COPPS Grants, COPPS MORE Grants and similar programs. Citizen Adversity Support Team - Recognized by the community as an innovative, victim support group. Volunteer Programs - The department has successfully utilized volunteers to provide a variety of services to the community. Programs include the Citizen Adversity Support Team and the Senior Volunteer Patrol. Crime Rate - Chula Vista experienced a 10% drop in the crime rate between 1997 and 1998, which exceeds the national average decrease of 7%. Key Department Weaknesses - Those areas in which we could improve or enhance our resources. Use of Space and Facilities -Department employees are working in extraordinarily cramped space. Employees have very little room to work, storage facilities for CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN ApPENDIX 29 equipment, records and evidence are currently over capacity. Safety is also becoming an issue. Furthermore, the department is growing in the number of staff. Technology Strategic Planning - The department has significant funding for technology, however, the department lacks a comprehensive strategic technology plan. Currently, technology purchases are determined on an as-needed basis without a comprehensive plan or prioritization of needs. Technology Support Staff - The department does not have dedicated public safety technology support staff. Technology management is currently conducted as an additional duty of officers and staff. Communication / Marketing to the Community and the Region - The Community Survey indicates that the department does not do an adequate job of communicating all of its successes and initiatives to the community and region. Research, Development and Planning - The department has lacked the resources to do the necessary research and identify an appropriate plan for implementing numerous initiatives, technology and allocating grant funding. Staffing Levels - The department has managed to serve the community with relatively low staffing levels, especially in comparison to other agencies. Recruiting - The department has' been challenged to fill vacant officer positions for which it currently has funding and has limited it's recruiting to the San Diego area. This can be attributed to inadequate resources for recruitment. Background - A significant bottleneck in the department occurs, as a result of conducting the necessary background checks required- in the processing of candidates for vacant positions. This can be attributed to inadequate resources for backgrounds. Training Plan - The department lacks a Master Training Plan for all levels and positions in the organization. Key Department Opportunities - Those initiatives or occurrences in the community, city and region, that would enable the department to become an even better organization in the future. Community Policing - Increasing involvement in the community and proactively addressing problems through the continued implementation of community oriented policing. Regional Partnerships - Continuing and enhancing cooperation with other agencies, colleges and organizations in the community. South Bay Leadership - Increasing the department's role in the region and identifying areas of leadership and innovation. Increasing Use of Volunteers - Leveraging the existing volunteers to increase department productivity. Increasing Use of Civilians - Achieving cost savings through the use of non-sworn personnel for community and support services that are non-emergency in nature. Coordinating with other City Departments - In following the principles of community policing, the department can achieve great results in the community through proactive initiatives with other city departments. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN ApPENDIX 30 Key Department Threats - Those initiatives or occurrences in the community, city and region that could pose a threat to the organization or the safety of the community. Growth - Demographic changes leading to a higher volume of calls for service and increased demand for services,- Changes in Crime and Crime Pattems - The city's geographic location and growth could contribute to a change in crime. Areas to monitor include narcotics trafficking, domestic violence, technology crimes and juvenile crimes. Qualified Officer Candidates - Unless a recruiting initiative is underway, and the background resources increase, the department faces a significant shortage of officers to fill vacant positions. Traffic Associated with Growth - Growth could also increase the traffic flow and ultimately the number of traffic related accidents in the city. Areas of Resident Concern - The chula Vista Resident Survey identifies speeding vehicles, burglary, graffiti, gangs, drug sales, drug abuse and illegal possession of firearms as the key areas of concerns for residents. Socioeconomic Differences between "East" and "Wesf' - Differences. in types of crimes, need for services, demand for services, accessibility, police presence, etc. Response Time - The ability to meet response times in the eastern part of the city due to urban and suburban sprawl. Lack of a Sense of City Unity - As the city grows into two distinct areas, the sense of city unity could be jeopardized for a feeling of two different cities with varying service needs. CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN ApPENDIX 31 APPENDIX - INTERVIEW PARTICIPANTS Shirley Horton, Chula Vista Mayor Mary Salas, Chula Vista Council Member John Moot, Chula Vista Council Member Dave Rowlands, Chula Vista City Manager George Krempl, Chula Vista Deputy City Manager Sid Morris, Chula Vista Assistant City Manager Marty Chase, Chula Vista Special Projects Manager Jim Hardiman, Chula Vista Fire Chief Candy Emerson, Chula Vista Human Resources Director Ed Batchelder, Chula Vista Planning Department Chris Salomone, Chula Vista Community Development Director Cheryl Dye, Chula Vista Economic Development Department Emerald Randolph, Citizen's Adversity Support Team (CAST) -- Rod Davis, Chula Vista Chamber of Commerce Jack Blakely, Chula Vista Downtown Business Association Joanne Angel, Broadway Business Association Kathy Lembo, South Bay Community Services Rainey Hunter, Otay Ranch Company Harry Stovall, Narcotics Information Network Laura Mullgren, Chula Vista Star News Paul Ganster, Director, Institute for Regional Studies of the Californias Karen Hyvale, Senior Activities, Norman Park Center Robert Powell, Chula Vista Finance Director Libia Gill & Lowell Billings, Chula Vista Elementary School District Andy Campbell & Wes Braddock, Sweetwater Union High School District Ron Barry, San Diego County Sheriff Crime Lab CHULA VISTA POUCE DEPARTMENT STRATEGIC PLAN ApPENDIX 32 , SECTION 2 .... c QJ UJ E ~~ ~ e~ RJ 05 a. >. 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B " .. ë: !!¡ !!!. õ' " !" rt¡; < . , ,,~, i, ,F .\ COUNCIL AGENDA STATEMENT ITEM-.d~ MEETING DATE 11/30/99 ITEM TITLE: Resolution Accepting $1.25 Million over three years from COPS Universal Hire Program Grant and Amending the FY 99-00 Police budget to add 15 Peace Officers and appropriating $259,638 in unanticipated UHP revenue and $28,849 unanticipated booking fee revenues for the salaries and benefits. Amending the FY 99-00 Police budget to add 1 Peace Officer, 1 Community Service Officer and 1 Sergeant to be paid for from salary savings $41,070 and appropriating $164,968 from unanticipated booking fee revenues for related services and supplies, equipment, and vehicle. Authorizing staff to seek grant funding for additional Patrol Officers to meet workload objectives detailed in the Patrol Staffing Model. SUBMITTED BY: Chief of Police V REVIEWED BY: City Manager&fV?{\'(4/5THS VOTE: YES XX NO ) ç.. - Traditionally, the Police Department has used a nationally recognized patrol staffing formula based on call for service workload and officer initiated activity to determine an appropriate patrol staffing level. The study has identified the need for 16 Peace Officers, 9 overs and 1 Community Service Officer. Fifteen of the officers identified are proposed to be paid for from acceptance of the 1999 Universal Grant. One officer, one Community Service Officer and one Sergeant are proposed to be paid for from salary savings in FY 99-00. The 9 overs will be addressed during the FY 00-01 budget process. In the interim, staff will seek additional grant funds to pay for these positions. The related services and supplies and equipment are proposed to be paid for from unanticipated booking fee revenues. Vehicles for Patrol have not been included at this time; staff will include vehicles during the FY 00-01 budget process. RECOMMENDATION: That Council: 1) Accept $1.25 Million over three years from COPS Universal Hire Program (UHP) Grant and amend the FY 99-00 Police budget adding fifteen officers and appropriating $259,638 from unanticipated UHP revenues and $28,849 from unanticipated booking fee revenues; 2) amend the FY 99-00 Police budget to add one Police Officer, 1 Community Service Officer and 1 Sergeant to be paid for from salary savings $41,070 and appropriate $164,968 from unanticipated booking fee revenues for related services and supplies, equipment, and vehicles. »-; -.....-----.-... ------------ PAGE 2, ITEM _ MEETING DATE 11/30/99 BOARDS/COMMISSION RECOMMENDATION: N/A BACKGROUND: COPS Universal Hire Grant - The most visible component of the Crime Bill is the Community Oriented Policing Services (COPS) program. The COPS program authorizes the United States Department of Justice (DOJ), under the direction of the United States Attorney General, to provide funding to local governments for additional sworn law enforcement officers. Four officers were added to the Police Department and funded by the Crime Bill (COPS AHEAD) in FY 95-96. Based on that grant submittal, the DOJ developed the COPS Universal Hire Program to deploy additional new officers devoted to community policing. The City of Chula Vista has received two grant awards of $450,000 for six new officers each under the Universal Hire Grant Program. DISCUSSION: The Department's Patrol Division requires the addition of 16 Peace Officers, 9 over positions, 1 Community Service Officer and 1 Sergeant to meet the workload objectives detailed in the updated staffing model. Fifteen of the 16 new Peace Officer positions will initially be paid for from grants, reducing the short-term budget impact. The remaining Officer, 1 Community Service Officer and 1 Sergeant will be paid for from unanticipated salary savings in FY 99-00. Other staffing needs will be integrated into the department's multi-year strategic plan. The over positions will be addressed during FY 00-01 budget deliberations. The Patrol staffing recommendations are based on current City policies regarding the types of calls, which will receive a police response. The Patrol Staffing Model was initially developed in 1984. Its primary purpose was to provide the City with a workload-based methodology for assessing staffing needs. Comparisons of sworn staffing ratios between cities had limited value in this regard as these ratios could be significantly impacted by such factors as: · Differences in the level of "civilianization" · The use of 1 or 2 person patrol units · The use of 4/1 0 or mixed 4/10 & 5/8 shift plans ~:2 -;2 PAGE 3, ITEM _ MEETING DATE 11/30/99 The model was selected by the National Institute of Criminal Justice as one of the ten best police related studies developed that year throughout the United States. In 1994 the model was adopted by the San Diego Unified Port District as the basis for the City's annual reimbursement for patrol services provided to tidelands property. For a number of years the staffing formula enabled the City to maintain the patrol staffing levels needed to meet various service goals. In the early to mid 1990's; however, severe budget constraints, resulting from California's economic downturn, the devaluation in the Mexican peso and State takeaways, made it impossible to maintain the targets set by the model. During this period the department successfully rode out the storm. . Between 1992 and 1998 the department was able to add 32 sworn positions through various grant programs. This effort allowed the Department to establish various specialty units, such as the Street Team and Gang Unit, as well as to staff various regional task forces such as Regional Auto Theft Task Force (RA TT). . Unfortunately, until recently, grants were not available for routine street patrol positions. As such, the department focused on increasing its efficient use of existing sworn staff, using such strategies as "civilianizing" the front desk position and moving to a more fluid scheduling system to better ensure that maximum staff were available during peak call periods. Without efforts such as these, the Department would not have weathered the downturn as well as it did. The staffing model, included as Attachment 1, consists of 9 parts: In PART A the beat officers call for service workload for the coming budget year is projected In PART B the amount of time required to handle the projected call for service workload and call-related activities is calculated; In PART C the target ratio of committed time (i.e. call for service activities) to uncommitted time (e.g. proactive patrol and officer initiated activities) is established; In PART D the total amount of field time required to handle the workload, including both committed and uncommitted time, is summarized; In PART E the amount of time the average beat officer is available in the field is calculated; ,)023 "___^_ .".~...___._ _____n_____ PAGE 4, ITEM _ MEETING DATE 11/30/99 In PART F the number of beat officers needed to handle the workload is determined. This simply represents dividing the number of field hours available per officer (PART E) into the total number of field hours needed (PART D); In PART G the overall staffing needs determined in PART F are broken down into sworn (Peace Officer) and non-sworn positions (e.g. Community Service Officers); and In PART H the number of supplemental peace officers needed to maintain the target staffing level calculated in PART F is to be determined. This number is a function of the department's turnover rate. Addition of New Eastern Beats The patrol staffing formula is a workload-based staffing formula. At some time in the future it may be necessary to add another eastern beat. Both workload and response time considerations need to be assessed before adding another beat in the east. The Strategic Plan recommends beat restructure and patrol scheduling be evaluated once Patrol reaches full staffing. Staff anticipates a recommendation will be formulated by the FY 01-02 budget process. Trainina The performance of an organization is related to its culture. The values and standard that new Officers bring into the organization are, in turn, related to the training they received. In the next several years, a significant burden will be placed on the Department and especially field training Officers (FTO's). It's important to ensure that these Officers represent the best that the organization has to offer in terms of role models. Currently, the POA MOU sets FTO differential pay at $1.00 per hour over the next 2-3 years it may be necessary to increase FTO pay in addition to training. In regards to FTO training, the Chief proposes to work with the City Manager and POA to address training and FTO compensation issues. A plan to increase training is in the process of being developed. Staff proposes to identify dollars saved from a reduction in Patrol Staffing overtime currently used for minimum coverage due to the need for additional Officers. As new Officers are added to Patrol, reductions in minimum staffing overtime usage will be earmarked for training. In regards to FTO training, the Chief proposes to work with the City Manager and POA to address training and FTO compensation issues. Council will be kept apprised of development in these areas. ..2,)-( _ __ _..~__n.~__"__......____~._."__ PAGE 5, ITEM _ MEETING DATE 11/30/99 FUNDING The COPS Universal Hire Program authorizes funding under the Crime Bill for fifteen additional police officers for Chula Vista. Up to a maximum of $75,000 per officer is provided over a three-year period. The grant offsets approximately 90%, 55%, 40% of the City's salary and benefit costs per position for a three-year period. On the fourth year, the City would pay the full cost associated with each position added. The cost for adding fifteen new officer positions under the COPS Universal Hire Grant Program is as follows: Source FY 99-01 FY 00-01 FY 01-02 TOTAL Federal $259,638 $504,851 $360,511 $1,125,000 Share (90%) (55%) (40%) City Share $28,849 $403,864 $548,204 $980,917 (10%) (45%) (60%) Total $288,487 $908,715 $908,715 $2,105,917 For the first year, the Police Department proposes that the City's share, $28,849, be paid from unanticipated booking fee revenues. These revenues will also be used to pay for some services and supplies, equipment, and vehicles. The general fund share in FY 00- 01 is $403,864 and $548,204 in FY 01-02. These amounts are proposed to be paid from discretionary general fund revenue and various new program revenues which are in the process of being developed. OTHER COSTS In FY-00-01, the Police Department would propose to purchase patrol vehicles at a cost of ($223,872). The vehicles are proposed to be purchased in FY 00-01 from an unanticipated DIF credit and asset seizure. Staff was unable to determine the exact amount of the DIF credit at this time. Purchase of the vehicles will not delay the Hire of the Officers. New Officers do not require vehicles until they have completed the Academy and field training, which is a 12-month process. .J.2~ PAGE 6, ITEM MEETING DATE 11/30/99 Revenues As part of the FY 99-00 budget, the State allocated funds to reimburse cities for booking fees paid to the County. Staff proposes to use these funds to meet the general fund's share of costs associated with implementation of the Strategic Plan. Additionally staff recommends the use of General Fund Discretionary revenue from the Otay landfill ($1 million). FISCAL IMPACT: There is no net general fund impact for year one. The general fund's share is proposed to be paid for from unanticipated program revenues. The proposed positions will be phased-in to minimize the impact to the General Fund in subsequent years. Grant funding is proposed to pay for the 15 Universal positions in declining percentages (90%, 55%, and 40%) through FY 2001-02. Staff proposes to seek additional non-General Fund monies to offset the General Fund's share. Beginning in FY 2002-03 the General Fund will pay for salary and benefit costs related to the proposed 15 UHP positions and an additional officer, Sergeant and Community Services Officer. The anticipated on- going salary and benefit costs are estimated at $1,085,492. These costs do not include potential MOU increases. Year 1 Year 2 Year 3 Year 4 Year 5 FY 99 - 00 FY 00 - 01 FY 01 - 02 FY 02 - 03 FY 03 - 04 EXPENDITURES Personnel $329,555 $1,085,492 $1,085,492 $1,085,492 $1,085,492 Related Equipment 164,970 ° 0 0 0 Vehicles 0 186,560 0 ° 0 Salary Savings (41,070) (45,000) ° 0 0 SUBTOTAL $453,455 $1,227,052 $1,085,492 $1,085,492 $1,085,492 REVENUES Grants $259,638 $504,851 $360,511 $0 $0 Program Revenue 193,817 0 ° 0 0 Other Funds 0 186,560 0 0 0 General Fund Discretionary Revenue 0 1,000,000 1,000,000 1,000,000 1,000,000 (Otay Landfill Revenue) SUBTOTAL $453,455 $1,691,411 $1,360,511 $1,000,000 $1,000,000 NET GENERAL FUND COST $0 $(464,359) $(275,019) $85,492 $85,492 .22-1" RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $1.25 MILLION OVER THREE YEARS FROM COPS UNIVERSAL HIRE PROGRAM GRANT AND AMENDING THE FY 99-00 BUDGET TO ADD 15 PEACE OFFICERS AND APPROPRIA TI NG $259,638 IN UNANTICIPATED UHP REVENUE AND $28,849 UNANTICIPATED BOOKING FEE REVENUES FOR THE SALARIES AND BENEFITS; AND AMENDING THE FY 99-00 POLICE BUDGET TO ADD 1 POLICE OFFICER, 1 COMMUNITY SERVICE OFFICER AND 1 SERGEANT TO BE PAID FOR FROM SALARY SAVINGS $41,070 AND APPROPRIATING $164,968 FROM UNANTICIPATED BOOKING FEE REVENUES FOR RELATED SERVICES AND SUPPLIES, EQUIPMENT, AND VEHICLES; AND AUTHORIZING STAFF TO SEEK GRANT FUNDING FOR ADDITIONAL PATROL OFFICERS TO MEET WORKLOAD OBJECTIVES DETAILED IN THE PATROL STAFFING MODEL. WHEREAS. the Police Department requires the addition of 16 Peace Officers, 9 overhires, 1 Community Service Officer and 1 Sergeant to meet workload objectives detailed in the Patrol Staffing Model; WHEREAS, the Community Oriented Policing Services (COPS) Program authorizes the U.S. Department of Justice, under the direction of the U.S. Attorney General, to provide funding to local governments for additional sworn law enforcement officers; and WHEREAS, during the FY 99-00 budget process, Council was apprised of a $1.25 Million allocation to the City under the COPS Universal Hire Grant. .}2-? ___..._u_______________ WHEREAS, acceptance of the Universal Hire Grant will add fifteen officers; WHEREAS, an additional Police Officer, Community Service Officer and Sergeant are proposed to be added and paid for from Salary Savings; WHEREAS, the local match requirement for the fifteen Universal Hire Officers and the additional positions and related equipment will be paid for from unanticipated revenues; WHEREAS, the addition of the nine overhire officers will be considered during the FY 00-01 budget process. WHEREAS, staff will continue to seek grant funding for additional Patrol Officers to meet workload objectives detailed in the Patrol Staffing Model; NOW, THEREFORE, BE IT RESOLVED THE City Council of the City of Chula Vista does hereby: 1) amend the FY 99-00 budget adding fifteen officers and appropriating $259,638 from unanticipated UHP revenue and $28,849 from unanticipated booking fee revenue; 2) amend the FY 99-00 budget to add one FTE Police Officer, 1 Community Service Officer and 1 Sergeant to be paid for from Salary Savings and appropriate $164,968 from unanticipated booking fee revenues for related services and supplies, equipment, and vehicles. Presented by Approved as to form by !2iJ ({ - Richard Emerson Chief of Police .J2~Y _.__...,---~ COUNCIL AGENDA STATEMENT Item-ll Meeting Date 11/30/99 ITEM TITLE: RESOLUTION ACCEPTING $625,000 FROM COPS IN SCHOOLS PROGRAM AND AMENDING FY 99- 00 BUDGET TO ADD 1 AGENT AND 4 OFFICERS POSITIONS AND APPROPRIATING $120,203 FOR RELATED SALARIES AND BENEFITS TO BE FUNDED FROM $80,203 IN UNANTICIPATED COPS IN SCHOOL REVENUES AND $40,000 FROM UNANTICIPATED SCHOOL REVENUES AND APPROPRIATING $141,011 FOR VEHICLES AND OFFICER RELATED EQUIPMENT FROM UNANTICIPATED POST REVENUES ($20,000), BOOKING FEE REVENUE ($76,453) AND ASSET SEIZURE ($44,558). SUBMITTED BY: Chief of pOlice~ REVIEW BY: City Manager ~j1o (4/5ths Vote: Yesl No_) In September 1999, the Chula Vista Police Department was notified by the COPS office that the application for one additional Agent and four School Resource Officers had been approved. The Grant award is for the amount $625,000 to pay for the salaries and benefits of the five positions in declining percentages over the next three years. RECOMMENDATION: That Council: 1) accepts the COPS in School Grant in the amount of $625,000 to be paid over the next three years; 2) that Council amend the FY99-00 police budget to include one Agent and four officers positions; and 3) that Council appropriate unanticipated funds in the amount of $80,203 from COPS in Schools and $40,000 from School revenue for salaries and benefits associated with these positions and that Council appropriate $141,011 for vehicles and officer related equipment from unanticipated POST revenues ($20,000), booking fee revenues ($76,453) and asset seizure ($44,558). BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: COPS in Schools is one of the several grant programs developed by the U.S. Department of Justice under the 1994 Crime Act to increase the number of officers to work in schools. The COPS in Schools initiative provides an incentive for law enforcement agencies to build working relationship with schools to use Community Policing efforts to combat school violence. Many communities are 023 -/ - ----------~..------ .. ...------------...------..-..------.. Page 2, Item Meeting Date 11/30/99 discovering that trained, sworn law enforcement officers assigned to schools make a difference. The presence of these officers provide schools with onsite security and a direct link to local law enforcement agencies. School Resource Officers typically perform a variety of functions within the schools. From teaching crime prevention and substance abuse classes to monitoring troubled students to building respect for law enforcement. School Resource Officers combine the function of law enforcement and education to reach the youth in our community. GRANT REQUIREMENTS: The COPS in Schools initiative reduces the local match requirement for local law enforcement agencies seeking to hire additional officers in and around schools. The grant funds salaries and benefits not to exceed $125,000 per officer; any remainder is paid with local funds. Funds are distributed to the local agency via quarterly reimbursement over the course of the grant. The COPS Grant must not replace funds that the eligible agency otherwise would have devoted to hire officers. The COPS in Schools program specifically stipulates that the officer must be an addition to, not in lieu of, an officer that otherwise would have been hired. Additionally grant recipients must develop a written plan to retain the COPS funded officer positions after Federal funding ends. DISCUSSION: In 1993, the Police Department and Sweetwater High School District developed a cooperative agreement to jointly fund Chula Vista Police Officers devoted to the needs of the community high schools and their students. A similar agreement was developed in 1995 with the Chula Vista Elementary School District. Currently ten Chula Vista Police Officers work full time in two districts as School Resource Officers (SRO). The Department and the district share the cost of the SROs and their equipment. The local share stipulated by this grant will be shared in a like matter with both the Sweetwater High School District and Chula Vista Elementary School District. Both agencies participated in the development and submittal of the original application to the COPS office and have made a commitment to continue partial funding of the SRO program after the grant expires. Depending on the student grade level and the needs of the school, SROs are routinely engaged in both aggressive enforcement effort and prevention. The Chula Vista Elementary School District, with a student population of 20,738, had no expulsions during the FY 97/98 school year. The Sweetwater High School District had only 25 expulsions among a student population of 31 ,741. The schools credit the exceptionally low expulsion rate to the work of the School Resource Officers who quickly handled discipline and related problems early in their genesis. Additionally SROs are actively :23·2 ----------_.~.- Page 3, Item Meeting Date 11/30/99 involved with their District counterparts in providing outreach to problem children and their family, home visits, advising parents, youth diversion and linking families with health and human services. A total of five School Resource Officers were requested from the COPS in Schools Program. These officers are composed of the fOllowing: · A Resource Officer at the Agent level who will function as the Field Coordinator for all School Resource Officers and service both Districts. · Two School Resource Officer to be assigned to high schools. · One School Resource Officer to be assigned to elementary schools. · A School Resource Officer who, together with a Narcotic Canine, will spearhead campus narcotics reduction efforts. Chula Vista has a growing school age population; estimates are that the city will have an additional 9,015 students by the year 2015, for a total high school enrollment of 40,756. The Chula Vista Elementary School District is anticipated to experience the same type of growth. As part of the Comprehensive Strategic Planning Process, recently conducted by the Chula Vista Police Department, a restructure of the School Resource Program is proposed to rneet the growing school age population. Proposed Restructure Since it is not financially possible to have "one officer for each school," the departrnent proposes to assign the SRO officers as a team, to cover a geographical sector and allow expanded coverage. Each team would be responsible for multiple schools but rely on the team structure to ensure adequate coverage, in the geographical sector. The City would be divided into three geographical sectors with each sector having a team of four officers. Each team will cover two high schools, two middle schools and ten feeder elementary schools. This will allow for consistent coverage and early identification of at risk children as they progress through their education. Program Benefits . By focusing teams to a smaller geographical area, SRO's can respond quicker to emergency situations. . SROs will "own" their assigned schools which will fu rther improve communication and foster better accountability. ..2J~;J -.... ~-_.._--_._---_..- Page 4, Item Meeting Date 11/30/99 . Earlier identification and follow-up with "at risk" children and families. . SRO's would be the link between the community, the schools and the police department. FISCAL IMPACT: The salaries and benefits of one agent and four officers are proposed to be paid for by the COPS in Schools Grant in declining percentages over the next four years not to exceed $125,000 per officer. COPS IN SCHOOLS Year 1 Year 2 Year 3 Year 4 Year 5 FY99-00 FY 00 - 01 FY 01 - 02 FY 02 - 03 FY 03 - 04 Expenditure Personnel $ 120,203 $312,249 $312,249 $312,249 $312,249 Related Equipment 141,011 0 0 0 0 SUBTOTAL $ 261,214 $312,249 $312,249 $312,249 $312,249 Revenue Grant $80,203 $222,912 $183,574 $138,312 $0 School Revenue 40,000 95,000 95,000 95,000 156,123 POST Revenue 20,000 0 0 0 0 Booking Fees 76,453 0 0 0 0 Asset Seizures 44,558 0 0 0 0 SUBTOTAL $ 261,214 $317,912 $278,574 $233,312 $156,123 NET GENERAL FUND COST $ 0 $ (5,663) $ 33,675 $ 78,937 $ 56,125 JJ-( . --.. ._.".,._.__.__......_---------,---~---- PAGE 5, Item Meeting Date 11/30/99 The general fund's share is proposed to be paid for from revenue derived from the school districts ($40,000), POST revenue ($20.000), booking fee revenue ($76,453) and asset seizure $(44.558) in the first year for a net general fund impact of zero. Staff does not anticipate any impact to the general fund until fiscal year 01-02 at which time the general fund would begin to absorb the salary and benefit cost paid for from the COPS in Schools Program for all five positions minus school district revenue contracts. Staff will seek additional funding and work with the school districts to identify Safe School Funding (available to schools only) to minimize future impacts to the general fund. A:/COPSSCH 2J~S- -_."--,."..._."'~~.,---,_._._._._---- .. --.-.----...-----. ---- -----,--------_.._----.~---_.._--"~-- RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $ 625,000 FROM COPS IN SCHOOLS PROGRAM AND AMENDING FY 99-00 BUDGET TO ADD 1 AGENT AND 4 OFFICERS POSITIONS AND APPROPRIATING $120,203 FOR RELATED SALARIES AND BENEFITS TO BE FUNDED FROM $80,203 UNANTICIPATED COPS SCHOOL REVENUES AND $40,000 FROM UNANTICIPATED SCHOOL REVENUES AND APPROPRIA TI NG $141,011 FOR VEHICLES AND OFFICER RELATED EQUIPMENT FROM UNANTICIPATED POST REVENUES ($20,000), BOOKING FEE REVENUE ($76,453), AND ASSET SEIZURE ($44,558). Whereas in September 1999, the Chula Vista Police Department was notified by the COPS office of a grant to award in the amount $625,000 to pay for the salaries and benefits of 5 positions in declining percentages over the next three years; Whereas the COPS in School Grant Program is one of several grant programs developed by the U.S. Department of Justice under the 1994 Crime Act to increase the number of officers to work in schools; Whereas many communities are discovering that trained, sworn law enforcement officers assigned to schools provide onsite security and a direct link to law enforcement agencies; Whereas School Resource Officers typically perform a variety of functions within schools which range from teaching crime prevention and substance abuse classes to monitoring troubled students to building respect for law enforcement officers; Whereas in 1993 the Police Department of the Sweetwater High School District developed a cooperative agreement to jointly fund Chula Vista Police Officers devoted to the needs of community high schools and their students; Whereas a similar agreement was developed in 1995 with the Chula Vista Elementary School District; Whereas currently 10 Chula Vista Police Officers work fulltime in two districts as School Resource Officers; Whereas the Police Department and the districts share the cost of School Resource Officers and their equipment; c13-~ ._-".'-."'---'---~----_._- --- Whereas both the school districts and the Police Department worked together in the development and submittal of the original application for the COPS in School Funding; Whereas a total of 5 new School Resource Officers were requested; Whereas one School Resource Officer at the Agent level will function as the Field Coordinator for all School Resource Officers in both districts, two School Resource Officers will be assigned to high schools, one School Resource Officer will be assigned to elementary schools and one School Resource Officer who together with a Narcotic Canine will spearhead campus narcotic reduction efforts; Whereas the Department proposes the restructure of the existing School Resource Program to assign School Resource Officers as a team in order to cover a geographical sector and allow for expanded coverage for the growing school age population; Whereas the City will be divided into 3 geographical sectors with each sector having a team of 4 School Resource Officers; Whereas each team will cover 2 high schools, 2 rniddle schools and 10 feeder elementary schools; Whereas the proposed restructure will allow for consistent coverage and early identification of "at risk" children as they progress through their education; Now, therefore be it resolved the City Council of the City of Chula Vista does hereby accepts $625,000 COPS in School Program and amend the FY 99/00 budget to added 1 Agent and 4 Officer positions and appropriate $80,203 for related salaries and benefits to be funded from unanticipated COPS in Schools Funds and $40,000 unanticipated School revenues and appropriating $20.000 from unanticipated POST revenues, $76,453 from unanticipated booking fees revenue and $44,558 from asset seizure for Vehicles and officer related equipment. Presented by Approved as to form by .()LJpg~ f{!1~~~~ Richard P. Emerson Chief of Police City Attorney A:/RESOCOPS ~J-? -.....- --"--~.__...--- ..._.__.._--~------ COUNCIL AGENDA STATEMENT ITEM~ r MEETING DATE 11/30/99 ITEM TITLE: RESOLUTION Accepting $534,615 from the COPS MORE 1998 grant program and amending the FY 99-00 Police budget to include five INTEL Analyst positions and appropriating $84,977 for salaries and benefits and $387,645 in a new technology CIP for new technology and equipment from unanticipated COPS MORE 1998 grant funding and appropriating $27,750 from unanticipated alarm revenues ($14,000) and licensing revenues ($13,750) for related equipment. SUBMITTED BY: Chief of pOlice~ REVIEWED BY: City Manager tv~/5THS VOTE: YES XX NO_) COPS MORE 1998 (Making Officer Redeployment Effective) is one of several grant programs developed by the U.S. Department of Justice under the 1994 Crime Act to increase the deployment of Community Policing Officers. This program is designed to expand the time available for community policing by current law enforcement officers via the use of civilian personnel and technology. The Police Department submitted an application for additional civilian personnel and purchase of technology and related equipment on May 29, 1998. Subsequently, the Department was notified of a grant award in the amount of $ 534,615 for the hiring of five support civilian staff positions and the purchase of technology and equipment. RECOMMENDATION: That the Council: 1) accept the $534,615 from the COPS MORE 1998 Program; 2) that the Council amend the FY 99-00 Police Budget to include five INTEL Analyst positions; 3) that the City Council appropriate funds $84,977 from unanticipated COPS More funds to pay for the salary and benefits and $387,645 for a Technology CIP and 4) that Council authorize staff to budget the remaining COPS MORE funds ($61,933) in FY 00-01, and 5) that City Council appropriate $27,750 from unanticipated alarm revenues ($14,000) and licensing revenues ($13,750) to pay for related equipment. BOARDS/COMMISSION RECOMMENDATION: N/A :¿( -¡ PAGE 2, ITEM _ MEETING DATE 11/23/99 BACKGROUND: In 1996 the Chula Vista Police Department received its first COPS MORE allocation. The allocation was for the purchase of mobile data computers in Patrol and redeployment of five desk Agents performing booking duties, which were replaced by five civilian Police Service Officers. The hiring of the five civilian Police Service Officers resulted in the redeployment of five Police Agents to community policing activities. The procurement of the mobile data technology has enhanced the ability of the officers to communicate with dispatch and retrieve information in the field, thus increasing their time to community policing activities. The department did not submit a COPS MORE application in 1996. The COPS MORE application for 1997 was denied based on a highly competitive process. In May 29,1998, the department submitted a Grant of Request for additional civilian personnel and technologies to continue to enhance our community policing activities. The COPS MORE 1998 Grant allocation covers up to 75% of the total cost of technology, equipment and civilian salaries and benefits for one year. Subsequent years are subject to annual Federal budget appropriations. Local agencies have a local cash match requirement of 10%. State COPS funds were set aside in the Police Department's 1998-99 budget to meet the 10% local match requirement of the COPS MORE Grant. Grant requirements stipulate COPS MORE 1998 funds must not be used to replace funds that agencies otherwise would have devoted to technology, equipment or civilian hiring. Any use of the COPS MORE 1998 funds must be in addition to and not in lieu of previously funding commitments for law enforcement. DISCUSSION: The City of Chula Vista has been undergoing changes due to both geographic and population growth. Estimates are that the city will increase in population by approximately 33% in the next five years. The Police Department has completed a comprehensive Strategic Plan to enable the department to meet community policing needs. In order to improve efficiency and better utilize existing department sworn staff, the department has identified several areas where the use of civilians would allow for increased available time for community policing activities. Civilianization is the practice of using civilians to perform non-emergency functions that are critical to the department. The addition of these five Intelligence <INTEL) Analyst positions will allow for an increase of sworn time available for community policing activities as well as problem solving efforts of the department. The use of INTEL Analysts is common on law enforcement agencies. INTEL Analysts ;¿ f-,2 PAGE 3, ITEM _ MEETING DATE 11/23/99 perform a variety of analysis, research, and investigations to support law enforcement activities. Five INTEL Analyst positions are proposed in the fOllowing units: · Administrative Services IBackarounds) - One INTEL Analyst is proposed to be added to the Administrative Services Division. The INTEL Analyst would assist this unit in conducting recruitments, civilian background investigations and maintaining employee statistics. This position would also support the unit in development of a training program. This function becomes essential as the Strategic Plan begins to be implemented. · Investiaative Division lLicensina) - one INTEL Analyst is proposed to be assigned to the Investigative Division, which is currently composed of five primary units: Property Crimes, Crimes of Violence, Family Protection, Juvenile and Narcotics. Each unit has approximately six detectives assigned. Detectives spend approximately 20% of their time performing research in law enforcement databases and doing victim and witness fOllow-ups. A civilian INTEL Analyst would assist detectives with research and follow up aspects of their case loads, time estimates, and in analysis of case load management. The use of the INTEL Analyst, to do this type of research, is common in Federal agencies. For example, the FBI and DEA both use INTEL and financial analyst to assist in investigations. The function extends the research of detectives; they can handle more cases simultaneously and increase clearance rates. Analysis of case load management shows that each detective would be able to save about 1.6 hours per shift or 365 hours per year. · Crime Analvsis - Alarms Alarm INTEL Analyst - Since the Department's involvement with the Model States False Alarm Reduction Program in late 1997 and false alarm data collection with the False Alarm Analysis Program in 1998, we have identified and tracked chronic alarm offenders. During a six-month period, for example, 60 identified alarm subscribers were responsible for 500 false alarm responses. With an average time spent by the primary responding officer of 20 minutes per alarm call, over 200 total hours per month are spent responding to the approximate 500 false alarms, the department anticipates that by focusing on those accounts and contacting the responsible alarm company for corrective action, the number of false alarms can be significantly reduced. Hourly part-time staffing has been adequate for maintaining false alarm data, alarm permit. and permit renewal data, as well as occasionally contacting chronic false alarm ~'I:J ._.,.,._.,,-_._.~----_.._+-------- PAGE 4, ITEM _ MEETING DATE 11/23/99 offenders. However. to significantly reduce the number of false alarms and to liaison with builders, alarm companies, and residents a full-time Alarm Intel Analyst position is proposed. As the City grows, the generation of sufficient alarm revenues is anticipated for continued funding of the position. . Crime Analvsis - Touah on Crime Proaram TOC INTEL Analyst - The Department is actively implementing Tough on Crime, a program that proactively analyzes, identifies and addresses crime series, patterns and trends for a timely police response. The program provides an excellent opportunity to incorporate mapping into tactical planning and the Department's community oriented policing efforts. In order to maintain the data collection efforts required by TOC, the Department requires technical support for the Tough on Crime Program. . Fiscal Operations/Research and Development Through the Strategic Planing Project, the Department has had an opportunity to gather data and identify extensive public and private research sources to fully understand the strategic issues confronting the Department. Through these activities, the Department now has complete qualitative and quantitative figures related to population growth, traffic, crime trends, development initiatives and other areas related to the Department growth. An INTEL Analyst will continue to review and update the Strategic Plan on a regular basis. Related Eauipment Staff is proposing to use unanticipated revenues, which will be generated from the addition of the Alarm and Licensing INTEL Analysts for training and equipment. It is anticipated these revenues will generate $27,750, which will pay for training, computers, furniture, and office related equipment. Technoloav Approved in the 1998 COPS MORE allocation is $387,645 for technology and related equipment. The Police Department has recently implemented several new technologies to assist both personnel in performing their duties. The most recent acquisition was the Computer Aided Dispatch System (CAD) and the mobile data computers for each patrol unit. These systems were funded partially by a previous COPS MORE allocation. Other c1f-Y -..,.--...-.....---..,- PAGE 5, ITEM _ MEETING DATE 11/23/99 technologies unique to the department include the County ARJIS System, Crime Analysis tools, evidence tracking systems, booking systems and Live Scan technologies. These systems all have been recent purchases of the Police Department. Acceptance of the technology award, under the COPS MORE 1998 would allow the Department to develop a comprehensive technology plan, which would allow for the integration of these systems and other systems. For example, interface of the evidence management system with other technology in the department would enhance and improve the current operations by providing a integrated system for evidence collecting, logging, tracking and examining. This would save staff time and eliminate duplication. Our goal is to implement new technology to increase efficiency and effectiveness. Through improved and interfaced technologies, the Department would be better able to collect and analyze incident based data, identify repeat crime victims and problem locations, offer Patrol direct access to incident based crime data and link various data bases. Acceptance of the technology grant is consistent with recommendations of the Strategic Plan. The Strategic Plan calls for a comprehensive technology strategy, which interfaces systems. The grant award was based on a demonstration by the department that the additional COPS MORE 1998 funds will result in actual increases in the number of officers deployed in the community. The technology grant allocates funds for interfaces and purchase of related equipment (computers, printers, software, etc.). FISCAL IMPACT: The first year's salaries and benefits for the five positions are proposed to be paid for from unanticipated COPS MORE 1998 funds. In order to stretch the grant funds and minimize the impact to the General Fund these positions will be phased-in and paid for over the next two years from COPS MORE and the 1998 State COPS funds. Related one-time services and supplies and equipment will be paid for from unanticipated alarm and licensing revenues. The $387,645 will be used for one-time system interfaces and equipment purchases. These funds will be placed in a new Technology Capital Improvement Project. Acceptance of COPS MORE 1998 funds requires a 10% ($53,400) local match, which is proposed to be paid for from 1998 State COPS funds set aside to meet the local match requirement. These funds will be used to pay for salaries and benefits of these positions. J tj- S' _ _ ____...__,__.___._~.______._..._~n PAGE 6, ITEM _ MEETING DATE 11/23/99 The total ongoing cost of five positions is estimated at $242,790. Beginning in fiscal year 00 - 01 the net general fund impact, as illustrated in the chart below, is $27,380 and increases to $213,790 in Year 3. In previous years, staff was successful in obtaining second year funding from the COPS MORE Office for civilian positions. Staff will continue to seek grant funding and Non- General Fund sources to minimize the impact to the General Fund. Year 1 Year 2 Year 3 Year 4 Year 5 FYOO-99 FYOO-01 FY 01 - 02 FY 02 - 03 FY03-04 EXPENDITURE Personnel $84,977 $242,790 $242,790 $242,790 $242,790 Related Equipment 27,750 0 0 0 0 Technology/Equip. 387,645 0 0 0 0 CIP SUBTOTAL $500,372 $242,790 $242,790 $242,790 $242,790 REVENUE Grant $472,622 $61,993 $0 $0 $0 Alarm Revenue 14,000 14,000 14,000 14,000 14,000 Property Forfeiture 13,750 15,000 15,000 15,000 15,000 Local Match 0 124,417 0 ° 0 Previously Approved (State COPS '98) SUBTOTAL $500,372 $215,160 $29,000 $29,000 $29,000 Net General Fund $0 $27,380 $213,790 $213,790 $213,790 Cost A:\a1131Cop.doc 2;(~¡' ..n__"'_______ RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $534,615 FROM COPS MORE 1998 GRANT PROGRAM AND AMENDING THE FY 99/00 POLICE BUDGET TO INCLUDE FIVE INTEL ANALYST POSITIONS AND APPROPRIATING $84,977 FOR SALARIES AND BENEFITS AND $387,645 IN A NEW TECHNOLOGY CIP FOR NEW TECHNOLOGY AND EQUIPMENT FROM UNANTICIPATED COPS MORE 1998 GRANT FUNDING AND APPROPRIATING $27,750 FROM UNANTICIPATED ALARM REVENUES ($14,000) AND PROPERTY FORFEITURE REVENUES ($13,750) FOR RELATED EQUIPMENT. Whereas COPS MORE was developed by the U.S. Department of Justice under the 1994 Crime Act to increase the deployment of Community Policing Officer; Whereas the Police Department submitted an application for additional civilian personnel and purchase of technology and related equipment on May 29, 1999; Whereas the Department was notified of the Grant Award in the amount of $534,615 for the hiring of 5 support civilian INTEL Analyst positions and the purchase of technology and equipment; Whereas staff recommends acceptance of $534,615 from the COPS MORE 1998 grant program and amendment to the FY 99/00 Police Budget to add 5 INTEL Analyst positions and new technology; Whereas related equipment will be paid for from unanticipated alarm ($14,000) and property forfeiture revenues ($13,750); Whereas staff will continue to seek grant funding and Non-General Funds sources to minimize impact to the General Fund of future salaries and benefits associated with the positions; Whereas acceptance of the COPS MORE 1998 grant requires a 10% local match which is proposed to be paid for from 1998 State COPS funds set aside to meet the local match requirement; c2, 'I-? Now, therefore be it resolved the City Council of the City of Chula Vista does hereby accepts $534,615 from the COPS MORE 1998 program to be use for five civilian support positions and new technology. Presented by Approved as to form by VJJ~:;J/~ Ri hard P. Emerson John M. Kah ' Chief of Police City Attorney A:/RESOCOPSMORE.DOC 02tj--~ - ---.-.----.---....--.---.-..------.----.------.-.-.-- COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 11/30/99 ITEM TITLE: RESOLUTION APPROPRIATING $367,475 FROM THE PUBLIC FACILITY DIF FUND AS A TRANSFER TO THE GENERAL FUND TO REIMBURSE FOR A DIF CREDIT, AND APPROPRIATING $367,475 FROM THE GENERAL FUND, BASED ON THESE UNANTICIPATED REVENUES, TO THE POLICE FACILITY REMODEL CIP AND TRANSFER OF $16,000 OF APPROPRIATIONS FROM THE PUBLIC FACILITY DIF OPERATING BUDGET TO THE POLICE FACILITY REMODEL CIP. SUBMITTED BY: Chief of pOliceV REVIEWED BY: City Manager t(L íl-' j..) (4/5ths Vote: Yes.lL No-> SUMMARY: In order to continue to provide quality service to the community, the Police Department developed a Strategic Plan. The strategic plan focused on 8 strategic issues: Growth Management, Regional Partnership, Technology, Resources, Social and Crime Trends, Community Outreach Partnerships, Police Facilities and Organizational development. Staff is proposing to appropriate funds owed to the general fund from the Public Facility DIF to pay for the Strategic Plan Police Facility Remodel recommendation. RECOMMENDATION: That Council appropriate $367,475 from the public facility DIF fund as a transfer to the general fund, based on these unanticipated revenues, to the police facility remodel CIP and transfer $16,000 of appropriations from the public facility DIF operating budget to the police facility remodel CIP. DISCUSSION: As the community grows, staffing levels and accommodations will necessitate remodel of the police facility. The Department clearly recognizes the limitations of the current Police Facility in accommodating the department employees and the community services the department strives to provide. While the department is in the process of developing a capital improvement project for a new facility to be built in the next five years, remodel of the existing police facility is necessary in order to accommodate the ß~/ _....~....~- ._...~.._~..- - - - - -------.-- --..--- --- Page 2, Item Meeting Date 11/30/99 growing staff. Recommendations of the Strategic Plan include the remodel of the Police Auditorium to accommodate space for a Patrol Rollcall Room/Emergency Command Center, remodel of the old Emergency Command Center to accommodate additional staff, purchase additional lab storage units and general police facility space needs and maintenance. Changes to the existing facility are proposed to be paid for from a City Site Depreciation Credit owed to the general fund in the amount of $367,475 and a $16,000 transfer from the public facility DIF operating budget. Staff recommends that the funds be appropriated to a new capital improvement project for remodeling of the existing facilities. DESCRIPTION ESTIMATED COST Police Facility Remodel of ECC, Street Team Office, $118,475 Traffic Office and SRO area Lab Storage $180,000 Police Facility Painting $ 25,000 Police Facility Carpet Replacement $ 30,000 Police Roll Call/EOC $ 30,000 Total Cost $383,475 Unbudget GF Revenues $367,475 Transfer from DIF Budget $ 16,000 Balance $ 0 FISCAL IMPACT: The $367,475 from the Public Facility Development Impact Fee Credit will be used for a one time remodeling of the Police Facility to accommodate growth in staff. There is no reoccurring cost or net impact to general fund. A:/REMODEL.DOC :(Ç-- ~ .. -_._----_.._---~..__._._._... ------ , .RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $367,475 FROM THE PUBLIC FACILITY DIF FUND AS A TRANSFER TO THE GENERAL FUND TO REIMBURSE FOR A DIF CREDIT, AND APPROPRIATING $367,475 FROM THE GENERAL FUND, BASED ON THESE UNANTICIPATED REVENUES, TO THE POLICE FACILITY REMODEL CIP AND TRASFER OF $16,000 OF APPROPRIATIONS FROM THE PUBLIC FACILITY DIF OPERATING BUDGET TO THE POLICE FACILITY REMODEL CIP. WHEREAS, the Police Department has developed a Strategic Plan to continue to provide quality service to the community; and WHEREAS, as the community grows, staffing levels will necessitate remodel of the police facility; and WHEREAS, the Department has identified funds in the amount of $367,475 to be used for a police facility remodel capitol improvement project; and WHEREAS, recommendations of the Strategic Plan include the remodel of the Police Auditorium, old emergency command center, additional lab storage and general police facility accommodations for new employees; and THEREFORE, BE IT RESOLVED, that the Chula Vista City Council does hereby appropriate $367,475 from the public facility DIF fund as a transfer to the general fund to reimburse for a DIF credit. Appropriate $367,475 from the general fund, based on these unanticipated revenues, to the police facility remodel CIP and transfer of $16,000 of appropriations from the public facility DIF operating budget to the police facility remodel CIP. Presented by Approved as to form by {J)aJ IrE ----- ~~ Richard Emerson Chief of Police City Attorney A:\RemodelR.doc ~3 i- COUNCIL AGENDA STATEMENT Item 02~ Meeting Date 11/30/99 ITEM TITLE: RESOLUTION Transferring appropriation in the amount of $56,033; and transferring one Senior Management Assistant position from the Planning & Building Department to the Police Department for coordination of the City's Graffiti Program; and Renaming the position Community Resource Coordinator; and using $28,017 to hire the position for the remainder of this fiscal year; and $18,017 for a graffiti eradication contract and $10,000 for public awareness materials. SUBMITTED BY: Chl,f of Polt REVIEW BY: City Manager I~ \)~ (4I5ths Vote: Yes.JL No-> During the FY 99/00 budget deliberation, City Council approved the addition of a Senior Management Assistant position to the Department of Planning, Building Division. The position was added for the purpose of coordinating and maximizing Citywide graffiti eradication efforts and implementing a new comprehensive program. Since the inception of the idea, a team - composed of City staff, the Community Oriented Policing (COPPS) Committee, and several community members - has been working diligently to identify the needs of the community as they relate to graffiti. As part of that effort, and to help shape the role and responsibilities of the new position, Police Department staff has completed a preliminary report of the team's findings. The report incorporates interviews of community members and City department representatives directly involved with graffiti. In response to the needs of the City and community, Planning and Building and Police agree that the Police Department with its existing service and response network would serve as an effective base for coordinating graffiti issues. Staff thus recommends transfer of the position from the Planning and Building Department to the Police Department. The new position will be responsible for developing and implementing a model graffiti program, coordinating efforts with other City Departments and acting as community liaison with regard to graffiti. RECOMMENDATION: Amend the FY 99/00 budget to transfer appropriations of $56,033 and transfer the Senior Management Assistant position from Planning and Building Department to the Police Department, use $28,017 to hire the position for the remainder of this fiscal year, rename the position Community Resource Coordinator, appropriate $18,017 for a graffiti eradication contract and $10,000 for public awareness materials associated with the City's Graffiti Program. BOARDS/cOMMISSIONS RECOMMENDATION: N/A 02 ¿ --I --- - - --..-----.--- - -~._...._--_..._.- -- ----.--.-- ..- ..._~-"._.__.__._---..._~--.- Page 2, Item Meeting Date 11/30/99 DISCUSSION: Graffiti has been a growing social and law enforcement problem in Chula Vista in recent months. The City's Community Oriented Policing (COPPS) committee has focused its attention on the problem for some time. The committee - composed of representatives of several City departments and invited members of the community, listed below - helps develop integrated responses to graffiti and other problems that affect the community. The committee found that the graffiti problem is no longer controllable with individual non-integrated efforts and that the City is in need of a skilled person capable of coordinating the efforts of several Departments and community groups: · Local Businesses and Professional Groups · Code Enforcement · Public Works · Community Activists · City Attorney's Office · South Bay Community Services · Juvenile Courts · Planning · COPPS Committee · Schools and School Districts · Police Department: Crime Prevention, Investigations, Juvenile Division, School Resource Officers, Street Team · Regional Graffiti Eradication Committee The COPPS committee recommended creation of a new coordinator position, to be part of Building Division, Code Enforcement staff. Building Division sought funding to add the new position at the Senior Management Assistant level, and during the FY1999-2000 deliberation, Council approved the addition. Support for the new position To assist in defining the role and responsibilities of the new position, Police Department staff conducted a comprehensive study of the graffiti problem entitled ·City of Chula Vista: Recent Graffiti Trends", which is attached. The 3-part study (1) defines the problem as it has existed in Chula Vista since January, 1998; (2) summarizes the City's response capability, and (3) presents several pages of potential solutions offered by Community members and a number of City Departments. The new coordinator will update this study as part of a comprehensive report to Council. (1) The araffiti Droblem: A graffiti profile was developed, indicating that the prevalence of graffiti had increased to 130% of last year's rate. Most graffiti vandalism occurred on weekends and under cover of darkness, and usually with aerosol spray paint. Contrary to public perception, the recent increase in graffiti has not been gang related, but rather the work of "taggers" - individuals or loosely organized groups who vandalize for personal recognition. Many taggers are thought to be from cities other than Chula Vista. The typical graffiti suspect is a male Hispanic, age 14 to 17, and likely to be a member of the middle socioeconomic group. o<¿~e2 ".~-- --------- ------------- .~....,--~------- Page 3, Item Meeting Date 11/30/99 Support for the new position (continued) (2) The City's resoonse caoabilitv: In response to the problem, Public Works, Police, Code Enforcement, and South Bay Community Services have eradicated over 4,000 sites and made approximately 300 arrests over the past eighteen months. In partnership with Police, local schools have developed "no tolerance" pOlicies on graffiti and 68% of offenders were referred directly to the District Attorney for disposition. Another 27% (usually first-time offenders) were placed in a Juvenile Diversion program administered by South Bay Community Services, of which half completed the program. The Police Department's School Resource Office (SRO) program, places uniformed officers on several elementary and high school campuses, providing deterrence, counseling, and preventive education. The Graffiti hotline receives about 80 calls per week of which all possible calls are personally returned within 1-3 days. The Multi-Family Housing Coordinator advises apartment owners and Neighborhood Watch groups on effective deterrence techniques. But the graffiti problem has continued to grow during the first half of 1999. Interviews with Department representatives and community stakeholders generated innovative discussion about graffiti activity and what more could be done to curtail it. (3) Potential solutions to be exolored bv the new oosition: Interviewees suggested a number of areas for serious evaluation by the new coordinator position. These fell into four intervention areas - prevention, deterrence, enforcement and eradication. Findings show that the City has tended to emphasize the latter two, but this may mean ever-increasing expenditures as the juvenile population grows over the next 30 years. Developing new and existing prevention and deterrence efforts could help prevent the problem at its source. Prevention Improve public perception of City efforts. Various themes surfaced repeatedly in stakeholder interviews. Chief among them was the lack of community awareness and the means to regularly update the community on progress made by the City in combating the graffiti problem. Improve the climate for citizen action. Improve the perception that Police will respond proactively if graffiti is reported. Investigate other diversions for taggers. Several stakeholders have suggested creating an outlet for taggers - a graffiti wall or community mural project. Develop reward system to encourage prevention activities. One community leader has suggested a school based prevention program to promote graffiti awareness and responsibility through award incentives. These could include the creation of a skateboard park, the awarding of concert tickets, cash awards, etc. The program might involve newspaper articles written by Associated Student Body officers and the production of banners and other materials. Deterrence Develop stronger partnerships with local media. Publish weekly arrest "box scores" in local newspaper or on cable TV. Advertise no tolerance policies. ~t;J -- --- ---_._.._-_.._~--_.._.._-_._--_._-,~--_.._~. -----~--_._-~--~."--- Page 4, Item Meeting Date 11/30/99 Support for the new position (continued) Develop more environmental design (C.P. T.E.D.) techniques. Tailor them to existing targets, and publicize them to owners, tenants, and residents who can incorporate them as deterrents. Explore appropriate ways to involve the new home development industry. Attend BIA meetings to learn of innovative graffiti-fighting methods such as "time-targeted" eradication and others (see page 30 for an explanation). Expand Police services to include restorative justice programs. These mediation programs bring offenders face to face with their victims. Responsibility and consequences form the basis of a signed agreement in which offender and victim jointly devise appropriate restitution for the vandalism. Eradication Promote a sense of citizen ownership of the neighborhoods. Citizens do not feel that graffiti is exclusively a police problem. Commercial or residents groups might be willing to adopt entire blocks in exchange for paint and supplies. Consider Public Works eventual takeover of all eradication - public property, commercial and residences. Evaluate feasibility and prioritizing issues. Consider a 24-hour turnaround time on all graffiti. A goal of Public Works which is currently being evaluated. Expand the graffiti hotline to full time. The graffiti hotline is currently answered part time. To maintain existing high levels of personalized service (which the Community has come to expect) as call volume increases, could require additional service hours. Work with certain repeat victims to share responsibility. Trolley Line and adjacent property is tagged repeatedly. The City has assumed 100% responsibility for eradication. Several interviewees have suggested that MTDB might be willing to share responsibility for walls and other surfaces that border trolley property. Enforcement Employ more high technology to fight graffiti. Public Works and Police are testing a sound detection system that discerns the sound of an aerosol spray paint can. Early results are positive. Public Works is also evaluating lift off coatings, graffiti removers, environmentally friendly permanent coatings, and improved paint matching techniques. Expand the South Say Community Services DIversion (SSCS) program. SBCS suggests that adding one eight-passenger van and one part time staff person to the program would reduce the months-long list of juvenile offenders waiting to fulfill Diversion contracts. Increase monetary awards and other incentives to encourage information leading to prosecution, as suggested by members of the COPPS committee. Mandatory court action. Members of the COPPS committee have suggested referring all arrestees - first time and repeat offenders - directly to Department A of Superior Court for disciplinary or other action. Actions might include fines, diversion, behavior modification classes, drivers license suspension or driving restriction, work projects, mediation, or restitution. j¿~1 ... ~~--_..----.---- ---- -----------------" - --"_____0 Page 5, Item Meeting Date 11/30/99 Transfer and renaming of the position To successfully integrate Citywide efforts, the position will require decision-making authority and the autonomy to negotiate and to perform community outreach. In addition, the position will require access to Police records and other sensitive information. The majority of graffiti information - including arrest files, access to driving records and access to criminal data via ARJIS - is housed in the Police Department. The Department's existing community outreach service and response network includes the Graffiti Hotline, the School Resource Officer (SRO) program, the South Bay Community Services Diversion Program, juvenile counselors and the Crime Prevention program. Thus, Planning and Police have agreed that the Police Department would serve as an effective base for developing new and existing interventions and coordinating graffiti issues, and therefore recommend transfer of the Senior Management Assistant position and appropriation of $56,033 from Planning and Housing to the Police Department. Shaping this position has been a result of valuable input from City staff and community stakeholders. It is envisioned that intensive program development will occur upon the selection of the position. In addition to proactive coordination and community outreach activities, the position will involve research activities such as information gathering and data management. To reflect this array of responsibilities, staff recommends the title Community Resource Coordinator. Graffiti eradication contract To help with eradication of the large amount of existing graffiti throughout the City, staff recommends appropriating $18,017 for a private painting firm contract to supplement Public Works efforts until volume is stabilized. Such temporary assistance would also provide eradication coverage on weekends, which currently have no coverage. Public awareness materials Community leaders have repeatedly encouraged more vigorous public awareness efforts to help deter misperceptions about graffiti and to inform citizens about the City's many anti-graffiti activities and how they can be involved. In addition, several of the potential solutions described above will require ongoing community advisement and public education. To assist with the cost of materials to carry out these activities, staff recommends appropriating $10,000 for public awareness materials. FISCAL IMPACT: The transfer of the position to the Police Department and implementation of the graffiti eradication contract and purchase of community outreach materials will result in no net impact in FY 99/00. Staff recommends that the necessity to maintain a.graffiti contract and outreach materials be reevaluated during FY 00101 budget deliberations. Jtt:5' ______n.____ _._.._ ..'_.' _._...____...___ _,,__._,____________________.__. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING APPROPRIATION IN THE AMOUNT OF $56,033; AND TRANSFERRING ONE SENIOR MANAGEMENT ASSISTANT POSITION FROM THE PLANNING & BUILDING DEPARTMENT TO THE POLICE DEPARTMENT FOR COORDINATION OF THE CITY'S GRAFFITI PROGRAM; AND RENAMING THE POSITION COMMUNITY RESOURCE COORDINATOR; AND APPROPRIATING $28,017 TO HIRE THE POSITION FOR THE REMAINDER OF THIS FISCAL YEAR; AND $18,017 FOR A GRAFFITI ERADICATION CONTRACT; AND $10,000 FOR PUBLIC AWARENESS MATERIALS. WHEREAS, graffiti has been a growing social and law enforcement problem in Chula Vista; and WHEREAS, a team - composed of City staff, the Community Oriented Policing Committee, and several community members - has prepared a comprehensive report identifying the needs of the community as related to graffiti; and WHEREAS, the City's current resources to combat graffiti have also been identified; and WHEREAS, several departments and community members have concluded that the graffiti problem is no longer controllable with individual non-integrated efforts and that the City is in need of a skilled person capable of coordinating Citywide graffiti efforts and implementing a new comprehensive program; and WHEREAS, City Council approved the addition of a Senior Management Assistant position to the Department of Planning and Building during the FY 99/00 budget deliberation for this purpose; and WHEREAS, the new position will require access to Police records, and the majority of graffiti information (and the graffiti hotline) are housed in the Police Department; and WHEREAS, the Planning and Building Department and the Police Department both support a transfer of the new position to Police; and 02¿ ~¡, WHEREAS, the role and responsibilities of the new position are more appropriately reflected in the title Community Resource Coordinator; and WHEREAS, Public Works, Operations reports a large amount of existing graffiti throughout the City and no program of regular graffiti eradication on weekends; and WHEREAS, stakeholder interviews revealed a lack of community awareness and means to regularly update the community on progress made by the City in combating the graffiti problem, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve a Resolution transferring one Sr. Management Assistant position from the Planning and Building Department to the Police Department for coordination of the City's graffiti program. BE IT FURTHER RESOLVED that the City Council does hereby approve renaming the position "Community Resource Coordinator". BE IT FURTHER RESOLVED the City Council does hereby approve appropriating the amount of $56,033 for salary and benefits for the position and using $28,017 of that amount to hire the position for the remainder of this fiscal year. BE IT FURTHER RESOLVED the City Council does hereby approve appropriating $18,017 for a graffiti eradication contract and $10,000 for public awareness materials associated with the Graffiti Program. Presented By Approved as to Form By ~J.!!J!.-- Chief of Police .liP ~ ? -----~--_.~._-_._------ - - _."-~.~-_.._~-----"----,._-_._.__.__._-.-~~-~- -- ---""...,~-----_.__.._,--- CITY OF CHULA VISTA RECENT GRAFFITI TRENDS Executive Summary Graffiti has been a growing social and law enforcement problem in Chula Vista and the rest of Southern California during recent months. To profile the problem and summarize the City's responses thus far. the Police Department compiled all available data and interviewed a number of community leaders and City department representatives for their valuable perspectives and suggested improvements. Findings are detailed along with a number of recommended interventions and changes. Graffiti Profile For the profile, data was obtained from four sources - Police, Public Works, Building Division, and South Bay Community Services (SBCS). Between January 1998 and October 1999, Police investigated 736 graffiti cases. Public Works performed 2,025 graffiti eradication jobs for the calendar year 1998, each of which can include up to 15-20 defacements to curbs, utility boxes, light poles, and walls. Public Works estimates that by June I, the 1999 workload for graffiti removal was already 30% higher than the comparable period in 1998. Code Enforcement issued 369 Commercial Property Abatement Notices during the fiscal year 1998,99, and the Graffiti Hotline received 4,160 calls in 1998. Most graffiti vandalism occurs on weekends (Thursday through Sunday) and after dark. In 67% of all recorded graffiti, aerosol spray paint is used. Contrary to public perception, the recent increase in graffiti is unlikely to be associated with gang-related activity. Actually 81 % is done by "taggers" or "tagging crews" - individuals or loosely organized groups who vandalize for personal recognition. Some taggers are non-Chula Vista residents. Current Citywide Responses Police arrested 40% of suspects in graffiti cases. 17% had prior arrests for graffiti, and 49% had been arrested for other offenses including vandalism and drugs. Schools with No- Tolerance graffiti programs on campus - among them Chula Vista High School, Palomar High School, and Chula Vista Junior High - produced the highest number of juvenile arrests. Following arrest, the disposition of each juvenile is evaluated on a case by case basis involving the Juvenile Division Sergeant. school resource officers, diversion counselors, and others. Wherever there is judged to be a high likelihood of success, juveniles are placed in a Juvenile Diversion program, the purpose of which is to rehabilitate first time offenders. Parental involvement is key throughout the process. During the past 18 months, 27% of juveniles arrested for graffiti were thus referred. As a community service, they removed graffiti from almost 2,000 sites throughout the City. 68% of the remaining offenders were referred directly I cJ¿ -~ Revised October 26, J 999 CITY OF CHULA VISTA RECENT GRAFFITI TRENDS Executive Summary --- "___.w. .._.m_ -- to the District Attorney for disposition; 5% were adults and thus referred directly to South Bay Court. The Police Department is further involved in prevention and deterrence through its School Resource Officer program and other Juvenile programs such as counseling and education. In addition, Police conduct citywide surveillance operations, undercover operations and use other techniques to support a vigorous no tolerance arrest policy. Several City representatives attend work meetings of the newly formed problem-solving group, the Regional Graffiti Eradication Committee. The countywide group is made up of law enforcement, legal, behavioral, community advocates, Caltrans, probation, and others. The Graffiti Hotline performs a significant service to the community, receiving about 80 calls per week, personally returning all possible calls within 1-3 days. Community feedback regarding this level of service has been very positive. The Community Oriented Policing and Problem Solving (COPPS) committee is composed of representatives of several City departmeuts and members of the community. and helps develop integrated responses to a number of problems that affect the community. Graffiti has been among the group's agenda items for several months. The group's recommendations include vertical prosecution, monetary rewards, increased citizen involvement, greater use of C.P.T.E.D. techniques that discourage graffiti, and pilot-testing new technologies such as the audio sensory device that selectively detects the sound of an aerosol spray can. Initial test results are highly favorable. Public Works Operations estimates that public property graffiti is up thirty percent (30 %) over this time last year. To combat the problem, Public Works maintains a dedicated two-man graffiti eradication team to remove graffiti in highly visible community use areas such as parks and in public and commercial buildings within 24 hours of notification, and on public rights of way within 48 hours. In less visible areas, such as concrete lined drainage ditches, graffiti is removed as time allows - about once a month. Building Division, Code Enforcement responds to complaints on private property, primarily within commercial zones. The division issues a preliminary notice for graffiti removal, with a follow-up inspection and, if necessary, further enforcement action. Staff continues follow- up until graffiti is removed. A new letter has been drafted to remind Chula Vista retailers about the City's Municipal Code section regarding the maintenance of aerosol spray 07.¡,~J Revised October 26. 1999 2 CITY OF CHULA VISTA RECENT GRAFFITI TRENDS Executive Summary paint stock under lock and key. Building and Code Enforcement are actively involved on the COPPS Committee. In addition, Code Enforcement recently sought and obtained budgeted funding to add staff at the Senior Management Assistant level to coordinate the efforts of all departments and community groups in fighting graffiti. Responsibility for the new coordinator position, to be renamed Community Resource Coordinator, is being transferred to the Police Department. Recommendations Interviews yielded an array of recommendations from community representatives, Police, and other City departments to ameliorate the graffiti problem in Chula Vista. These are detailed in the full report entitled "City of Chula Vista: Recent Graffiti Trends". .:. Improve public perception of City efforts. .:. Develop stronger partnerships with local media. .:. Research and develop more CPTED techniques. .:. Improve the climate for citizen action. .:. Promote a sense of citizen "ownership" of the neighborhoods. .:. Regularly update the community. .:. Explore appropriate ways to involve the new home development industry. .:. Contract a temporary weekend painting firm to assist Public Works. .:. Consider Public Works eventual takeover of all eradication. .:. Consider a 24-hour turnaround time on all graffiti. .:. Evaluate feasibility of "time targeted" (overnight) eradication. .:. Expand the Graffiti Hotline to full time status and vigorously publicize it. .:. Expand the South Bay Community Services Diversion program. .:. Work with repeat victims such as MTDB and SDG&E to share responsibility. .:. Investigate other diversions for taggers. .:. Increase monetary awards to encourage information leading to prosecution. .:. Make certain Code Enforcement procedures more business friendly. .:. Employ more high technology to fight graffiti. .:. Expand Police services to include victim-offender restitution programs. .:. Refer all arrestees directly to Department A of Superior Court for disposition. The new Coordinator will be responsible for addressing each of these recommendations _ to thoroughly evaluate each, and to prioritize their implementation. The new Coordinator will further be responsible for preparing a comprehensive update of this report for City Council. :J"7 r / f} 3 Revised October 26, 1999 ._---_..._----~_.- -.------ COUNCIL AGENDA STATEMENT Item~ Meeting Date 11130/99 ITEM TITLE: A) Resolution of the City Council of the City ofChula Vista, California, approving an AcquisitionlFinancing Agreement pertaining to Community Facilities District No. 99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and Village One West). B) Resolution of the City Council ofthe City ofChula Vista, acting in its capacity as the legislative body of Community Facilities District No. 99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and Village One West), Authorizing and providing for the issuance of special tax bonds ofthe district, Approving the form of Bond Indenture, Bond Purchase Agreement Preliminary Official Statement, and other documents and authorizing certain actions in connection with the issuance of such bonds and approving modifications to Table 6 of the Rate and Method of Apportionment of the SpeCia? SUBMITTED BY: Director of Public Workf Director of Finance REVIEWED BY: City Manager (4/5ths Vote: Yes_NoX) On August 31, 1999, the City Council held the public hearing forming and establishing Community Facilities District No. 99-1 (CFD 99-1). The District was formed for the purpose of providing for the financing of the acquisition of certain authorized public facilities including a significant portion of the Olympic Parkway improvements serving the Otay Ranch SPA One. Tonight, Council will consider approving the AcquisitionlFinance Agreement with Otay Project L.P., that establishes the procedure for acquiring the improvements from the developer, including allowing for the incremental acquisition of complete discreet components of a project, rather than requiring the project be fully completed and accepted by the City prior to acquisition. In addition, Council will consider the authorization of the issuance of special tax bonds of CFD 99-1 in the amount of $23,000,000 and the approval of the form of certain documents related to the issuance of the bonds including a Bond Indenture, Bond Purchase Contract and Preliminary Official Statement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council: . Approve the Resolution (A) approving the AcquisitionlFinancing Agreement that (i) establishes the terms and conditions pursuant to which the City will acquire the authorized public improvements, (ii) establishes the terms and conditions pursuant to which the District will agree to issue special tax bonds to finance the acquisition of such improvements and (iii) establishes the procedure for acquiring the improvements from the developer within Community Facilities District No. 99-1, and ~7- / Page 2, Item Meeting Date 11/30/99 . Approve the Resolution (B) Authorizing the Issuance of Bonds, Approving the Form ofthe Bond Indenture, Bond Purchase Contract and other Documents for Community Facilities District No. 99-1 and Authorizing Certain Actions in Connection therewith. DISCUSSION: Backf:round At the Council Meeting of August 31, 1999, the City Council held the public hearing forming and establishing Community Facilities District No. 99-1. This public hearing was held pursuant to the provisions of the "Mello-Roos Community Facilities Act of 1982". Later that night, and following a special election held outside the City Council chambers, staff tallied the ballots cast. The results showed 100% of the votes cast in favor of authorizing the levy of the proposed special tax and the issuance ofthe bonds secured by such special taxes. Also, on the meeting of August 31 ", the City Council approved the resolutions establishing CFD 99-1, authorizing the levy of special taxes, declaring necessity to Incur a Bonded Indebtedness, holding the special election and declaring the results of the special election, and the first reading of the ordinance authorizing the levy of the special tax for CFD No. 99-1. In addition, the City Council approved a separate item authorizing the future annexation of certain parcels to CFD 99-1. At the regular City Council meeting of September 14th, 1999, the second reading ofthe Ordinance authorizing the levy of the Special Tax in CFD No. 99-1 was conducted. The Mello-Roos Community Facilities Act of 1982 is a financing mechanism for funding the acquisition or construction of public intrastructure improvements trom the proceeds of Community Facilities Districts bonds. These bonds are repaid trom an annual special tax collected trom the property within the district. There is no direct cost to or obligation ofthe City. CFD 99-1 is primarily an acquisition district wherein the developer constructs the authorized public improvements and the City acquires them upon completion with funds derived solely trom the sale of bonds. A portion of the bonds in the amount of $17,149,000 will be used to fund the acquisition or construction ofa portion of the Olympic Parkway improvements. District Boundaries Exhibit I presents the boundaries of CFD 99-1, which includes all parcels located within Otay Ranch SPA One - Portions of Village One, Village Five and Village One West (approximately 920 total acres). At buildout, the district would contain a total of 2,645 Single Family Residences, 1,352 Multi-Family Units, 8. I acres for commercial uses, and 10.7 acres for Community Purpose Facilities (churches, day care, ballfields, etc). The Improvements A bond sale amount of $23.0 Million will finance approximately $19.0 Million in facilities (i.e grading, landscaping, streets, utilities, drainage, sewer, facilities authorized to be financed trom the City's public facilities development impact fee, facilities authorized to be financed trom the City's pedestrian bridge development impact fee). The balance will provide for a reserve fund, capitalized interest and pay district formation, administration and bond issuance costs. Upon an increase in ,J 7-~ ......_._.._--,---~._-- Page 3, Item Meeting Date 11/30/99 value of property within the District an additional series of parity bonds (approximately $11,000,000) is contemplated to be sold in the future. It is estimated that the net construction proceeds from this second bond sale will be approximately $9,100,000. In addition, potential annexation of certain parcels to CFD No. 99-1 may yield additional bonding capacity of approximately $3,000,000, which would be sold as Parity Bonds. The developer is proposing the financing of backbone streets and associated improvements (i.e. grading, sewer, streets, dry utilities), pedestrian bridges authorized to be financed from the City's pedestrian bridge development impact fees, public facilities authorized to be financed from the City's public facilities development impact fees and backbone utilities described below. The City's CFD Policy requires a determination ofthe priority for the acquisition of improvements by a CFD. Staff prioritized the developer's list ofprojects as follows. Priorit F acilit 1 TDIF Facilities including Olympic Parkway from Brandywine to SR125 (Phases 1, 2, and 3 , Paseo Ranchero and East Palomar Street in Villa e 1 West. 2 Non-TDIF Improvements of Olympic Parkway (Phases 1,2, and 3) Paseo Ranchero, and Non- TDIF Facilities Sewer, Slo e Landsca in , East Palomar Street in Villa e 5 3 Those Facilities to be financed from the Proceeds of Public Facilities Development 1m act Fees a able as a condition of develo ment of ro ert within CFD 99-1 4 Those Facilities to be financed from the Proceeds of Pedestrian Bridge Development 1m act Fees a able as a condition of develo ment of ro ert within CFD 99-1 5 Environmental Miti ation Costs for 01 ic Parkwa Priority 1 is assigned to the construction ofTDIF improvements in Olympic Parkway and Paseo Ranchero, all of which are key facilities for developing the Eastern Territories of the City. The AcquisitionlFinancing Agreement allocates approximately $17.1 million ofthe bond proceeds for the construction of these roads. The second Bond series will generate construction proceeds to fund the further Priorities listed above. Priority 2 has been assigned to fund $5.1 Million Non- TDIF Facilities that are necessary to serve future phases of the project. Priority 3 has been assigned to fund up to $4.0 Million of PFDIF facilities. In the event that additional funding is remaining, Priority 4 and 5 would fund PedBridge DIF facilities to serve the future phases of the subdivision developments, and environmental mitigation costs. (See Exhibit A of the AcquisitionlFinancing Agreement for CFD No. 99-1" Project Description and Estimated Costs"). The AcquisitionlFinancing Agreement includes the list of facilities to be financed by CFD 99-1 and assigned priority, and is attached as Exhibit 2. Staff recommends Council approval of the proposed priority. Total project costs to be borne by Otay Project L.P. are estimated to exceed $62.0 Million. As mentioned before, it is estimated that initially only $23.0 Million will be funded by the CFD. The total bonding capacity of properties within the district is estimated to be approximately $34.0 Million. On July 13, 1999, Council adopted the "Resolution Declaring Intention to Issue Bonds" approving a maximum bond authorization of$60 million. The actual amount to be financed by CFD No. 99-1 would be determined after the bond sale when the interest rates on the bonds and the final ;{/-3 - ._...,-_._-~,--_..~---..._--- Page 4, Item Meeting Date 11/30/99 value to lien ratios are known. Ultimately, as subdivision exactions, the developer will finance other improvements required as a condition of approval of the development of the property within CFD 99-1 that this CFD cannot finance. CFD 99-1 lies within various Development Impact Fee (DIF) benefit areas, (Poggi Canyon Sewer, Transportation, and the proposed Pedestrian Bridge DIFs) which places a cap on the CFD's ability to finance these DIF improvements. Maximum Taxes CFD 99-1 is divided into the following 3 Zones: · Zone A: applies only to Developed Property, and means a specific geographic location known as the Village One area; · Zone B: applies only to Developed Property, and means a specific geographic location known as the Village Five area; and · Zone C: applies only to Developed Property, and means a specific geographic location known as the Village One West area. The application of the Maximum Rate of Special Tax levy to a variety of dwellings and to commercial and industrial is presented below. In accordance with the City of Chula Vista CFD Policy, these Maximum Tax Rates are not subject to escalation. Land Use Zone A Zone B Zone C (Village One) (Village Five) (Village One West) Single Family Residence $560 $980 $1,280 (2000 SF) Single Family Residence $420 $835 $1,060 (1500 SF) Multi Familv (1000 SF) $280 $690 $840 Commercial/Industrial $1,600 $3,717 $4,266 (1 Acre) Community Purpose $400 $929 $1,066 Facilitv (1 Acre) Vacant Land (I Acre) $8,864 $8,864 $8,864 A preliminary calculation of the maximum tax and assessment burden on the projected homes within CFD 99-1, using estimated house prices, has been completed and all homes fall within the 2% limit on the annual tax and assessment obligation on such homes as established by the City's CFD policies. A final test will be perfonned at escrow closing using the actual sale price of the house. The CFD Policy requires that at or prior to each closing of escrow, the escrow company shall apply a "calculation fonnula" previously approved by the City Engineer to detennine the aggregate of regular County taxes, Mello-Roos taxes (other than special taxes levied to finance maintenance), and assessment installments (other than assessments levied to finance maintenance). If the 2% limit on annual tax and assessment obligation for any home is exceeded, the builders would be required to provide cash to buy down the lien to an amount sufficient to meet such 2% limit. Compliance with this procedure would ensure that the aggregate annual tax and assessment obligation to be paid by .)/~y --- -.-------..- Page 5, Item Meeting Date 11/30/99 the purchaser of the house meets the City's criteria. Due to changes that occurred onsite in Zone C (Village One West), after the August 31, 1999 adoption ofthe Rate and Method of Apportionment (RMA), Table 6 of the RMA has been modified. This modification is important to reflect the revised development expectations within Zone C prior to the sale and delivery ofthe bonds. Staff considers this modification administrative in nature and will result in a more accurate projection of expected development within the Zone. The modified Table 6 is attached as Exhibit 3. City Financial Criteria Value to Lien Ratio. The City's Statement of Goals and Policies for Community Facilities Districts ("CFD policy") requires a minimum value to lien ratio of 4: I. In addition, the policy establishes the following criteria: "The required value-to-debt ratio shall be determined with respect to all taxable property within the community facilities district in the aggregate and with respect to each development area for which no final subdivision map has been filed. A community facilities district with a value-to-debt ratio of less than 4: 1 but equal to or greater than 3:1 may be approved, in the sole discretion of the City Council, upon a determination by the City Manager, after consultation with the finance director, the bond counsel, the underwriter and the financial advisor, that a value to debt ratio of less than 4: 1 is financially prudent under the circumstances of the particular community facilities district. " Bruce W. Hull & Associates conducted an appraisal (dated September 2, 1999) on the property. Exhibit 4 shows that an bond sale of$23.0 Million will result in an overall lien ratio of at least 4.41 to 1. All the planning areas, except R-19, (a Multi-Family Parcel with a lien ratio of2.70 to 1) present a lien ratio greater than 3:1. On September 30,1999, Otay Project L.P. submitted a letter (See Exhibit 5) requesting approval ofa lien ratio ofless than 4:1 but greater than 3:1. Staff and consultants have reviewed this request and determined that approving 1) an overall lien ratio of at least 4: 1, 2) a lien ratio of at least 3.5: 1 on each individual taxable property (excepting R19, RZO, and RZl), and 3) a lien ratio of at least 3:1 for R19, RZO, and RZl (Apartment sites in Village 1) is financially prudent and recommend approval by Council. It should be noted that the AcquisitionlFinancing agreement requires Otay Project L.P to deposit cash or a Letter of Credit, prior to delivery of the Bonds, in the amount necessary to offset the deficiency in value of the one multi-family site (R-19) to meet the minimum 3 to 1 lien ratio. In addition, the AcquisitionlFinancing Agreement allows that two (2) or more bond series may be issued in an aggregate principal amount not to exceed $45,000,000. The first series has been sized to meet the financial criteria proposed above. The issuance of any subsequent series of Bonds shall be subject to 1) a parity bonds test; 2) consistency with the CFD No. 99-1 Acquisition and Finance Agreement; and 3) the City's existing Community Facilities District Policies, and their application. Staffrecommends that Council approve the developer's request for a lower lien ratio criteria based on the following: ,)?-s- __m______________..________.._..___ Page 6, Item Meeting Date 11130/99 1. Property ownership and special tax obligations within CFD 99-1 are somewhat diversified. The merchant homebuilders currently are responsible for approximately 35% ofthe special tax obligations of CFD 99-1. Diversification of special tax obligation is perceived by the City finance team to assist in mitigating the risk to the bondholders. 2. Development is underway. Model homes permits have been issued for 8 neighborhoods. Home sales within Otay Ranch already started in April 1999. The property within CFD No. 99-1 is well diversified with several different builders and pending sales transactions, including the fact that 1,323 ofthe total 4,047 planned residential units have been sold to other experienced homebuilders. An additional 872 of the 4047 planned units are under sales contracts or have letters of intent with nationally recognized builders. Aggregating these numbers, it is concluded that 54.5% of the property is in the hands of other homebuilders. 3. Infrastructure construction is advanced within CFD 99-1. The completion of significant levels of infrastructure necessary to serve the district helps to mitigate the risk to the bondholders. 4. Mapping process is underway. Final maps have been recorded for 762 units. As allocated by Exhibit I of the Olympic Parkway Financing Agreement, Otay Project L.P. anticipates processing maps for the remaining 3,285 units during 2000. The status of physical development indicates financial commitment to the project and leads to anticipation of finalizing construction. As of August 31, 1999, Otay Project LP has over $43,000,000 invested in the project, and there are no loans against any of the property owned by the developer. 5. The market absorption study concludes that CFD 99-1 will reach buildout by the year 2004. This short absorption period indicates that the developer should be responsible for special tax payment for a limited time. The Olympic Parkway Agreement imposes certain limitations on the development phasing of the properties within Otay Ranch SPA One ~ Portions of Village One, Village Five and Village One West (see Exhibit 6 - Exhibit I ofthe Olympic Parkway Finance Agreement: Allocation of Final Maps). The agreement requires that the obligations for Stages 3a and 3b shall be met before additional EDU's beyond 1094 EDUs are approved for the Otay Project L.P. project. Said obligations are: 1) Issuance of environmental permits by the Resource Agencies 2) Approval of grading plans and bonding for the following facilities: · Olympic Parkway - Brandywine to SR-125 · Paseo Ranchero - East Palomar to Olympic Parkway · East Palomar - In Village 5 3) Approval of the Poggi Canyon maintenance agreements Compliance with Stages 3a and 3b obligations has been completed and are essential for constructing those portions of Olympic Parkway that are needed to fully develop the CFD 99-1 properties. As of October 15, 1999, environmental clearance has been obtained. Staff and consultants recommend proceeding with an initial bond sale amount of$23.0 Million, with the developer required to post a deposit of cash or a Letter of Credit prior to the delivery of the Bonds to offset the deficiency in the value ofR-19, and ensure the minimum 3 to 1 value to lien ;¿ 7-? __0- _____ __._____.._______________ Page 7, Item Meeting Date 11/30/99 ratio. It should also be mentioned that approximately $17.0 million represents the Otay Project L.P. remaining TDIF obligation of the properties within CFD No. 99-1. The remaining $6.0 Million may be used for acquiring improvements, funding the Reserve Funds, paying the Underwriter's discount and consultant's fees. The developer concurs with the staff's proposal. Staff considers this a reasonable solution and recommends Council approval. The Resolutions There are two resolutions on today's agenda which, if adopted, will accomplish the following: (A) The RESOLUTION APPROVING AN ACQUISITIONIFINANCING AGREEMENT with Otay Project L.P. for Community Facilities District No. 99-1 (Otay Ranch SPA One - Portions of Village One, Village Five and Village One West). is the formal action approving the AcquisitionlFinance Agreement, that establishes the procedure for acquiring the improvements ftom the developer, including provisions which allow for the incremental acquisition of complete discreet components of a project, rather that requiring the project be fully completed and accepted by the City prior to acquisition. · The agreement provides that the City may reimburse 75% of the total cost of the drainage, paving, utilities, and landscaping improvements upon the determination by the City Engineer that those improvements have been installed per approved plans with required City Inspections. Those facilities may not be functional at that time, and certain activities (i.e. testing, completion of punch list, preparation of as-built drawings) may still be pending. The 25% final payment may be made once all projects within a phase are fully complete and accepted by the City. Grading is the exception where 100% rather than 75% is reimbursed at the time the City Engineer determines that grading and drainage has been installed per plans. · The agreement also conditions the purchase of said discreet improvements to developer's compliance with all the applicable conditions and obligations imposed on the property within CFD No. 99-1 pursuant to the land use entitlements approved by the City, including but not limited to, payment of all applicable fees, dedication of right- of-ways or other property (i.e. parks, open space, etc), payment of assessments installments or special taxes, and construction of all applicable public improvements. · Staffhas reviewed the proposed agreement and believes that I) the 25% payment retention, and 2) the condition requires compliance with approved land use entitlement will provide enough security to guarantee completion of the improvements while ensuring the financial health of CFD 99-1. · The City retained the firm of Brown Diven & Hessell LLP as Bond Counsel for CFD No. 99- I. Bond Counsel drafted this agreement for and on behalf of the City with input and review by City staff. d?~7 ----------------_..._----,,--- Page 8, Item Meeting Date 11/30/99 (B) The RESOLUTION AUTHORIZING THE ISSUANCE OF BONDS AND APPROVING THE FORM OF CERTAIN RELATED DOCUMENTS authorizes the issuance of limited obligation bonds, pursuant to the Mello-Roos Act in a principal amount not to exceed $45.0 Million (this is anticipated to include $23.0 Million from Series A, $11.0 Million from Series B, and an additional amount from future annexation parcels). The final bond sale amount will be known once the interest on the bonds is determined at the bond sale. In addition, the resolution approves the form of the following documents: · The Bond Indenture (Exhibit 7). between the City and the Fiscal Agent, US Bank Trust National Association, that sets forth the terms and conditions relating to the issuance and sale of the bonds. · The Bond Purchase Contract (Exhibit 8). The Bond Purchase Contract authorizes the sale of bonds to the designated Underwriter (Stone & Youngberg LLC). The underwriter's discount for this negotiated sale is not to exceed 1.80% of the total bond amount that translates into a fee not to exceed $414,000 (based on a projected bond issue size of$23.0 Million) · The Preliminary Official Statement (Exhibit 9) describing the Community Facilities District and type of bonds, including terms and conditions thereof, for the bond holders. · Continuing Disclosure Agreement between the City and U.S. Bank Trust National Association, as dissemination agent, pursuant to which the City is required to disclose certain financial information on an annual basis regarding the Community Facilities District and certain significant events. These disclosures include but are not limited to: - Special tax delinquencies - Bond calls - Events reducing density or causing modifications - Other events reflecting financial difficulties of CFD 99-1 It should be noted that Council would only be approving the form of the aforementioned documents. The proposed resolution authorizes the Director of Finance to approve the final form and to execute such documents on behalf ofthe City following review by and consultation with the City Attorney, Bond Counsel, and Financial Consultant. No additions or changes in the documents are permitted which would result in the annual interest rate on the bonds to exceed 7.25%, or in a purchase price for such bonds not less than 98.25% of the par amount of the bonds (excluding original issue discount, if any). Future Action Adoption of tonight's resolution will approve the AcquisitionlFinancing Agreement for CFD 99-1, and authorize the issuance of bonds, and approve the form of related documents. The issuance of the bonds is anticipated in December 1999. The acquisition of improvements is anticipated to begin the first quarter of 2000. 02? -r Page 9, Item Meeting Date 11/30/99 FISCAL IMPACT: None, the developer will pay all costs and has deposited money to fund initial consultant costs, and City costs in accordance with the approved Reimbursement Agreement. The City will receive the benefit of the full cost recovery for stafftime involved in district formation (estimated at $25,000) and administration activities. Staff anticipates that most of the CFD 99-1 administration will be contracted out. The CFD administration cost is estimated at $125,000 annually during buildout and $75,000 annually thereafter. In accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding capacity to provide the financing mechanism for the construction of the proposed improvements, the developer has paid one percent (I %) of the total bond sale. Based on a bond sale amount of $23.0 million, said monetary compensation would be $230,000. Said amount will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by CFD No.99-1. Attachments Exhibit I: Amended Boundary Map for CFD 99-1, and Future Annexation Parcels Exhibit 2: Acquisition and Financing Agreement for CFD 99-1 Exhibit 3: Modified Table 6 of the Rate and Method of Apportionment for CFD No. 99-1 Exhihit 4: Estimated Value to Lien Ratios Based on Appraisal Exhibit 5: Otay Project LP Request for Waiver, dated September 30,1999 Exhibit 6: Exhibit I of the Olympic Parkway Finance Agreement: Allocation afFinal Maps Exhibit 7: Bond Indenture for CFD No. 99-1 Exhibit 8: Bond Purchase Contract for CFD No. 99-1 Exhibit 9: Preliminary Official Statement for CFD No. 99-1 H:IHOMEIENGlNEERIAGENDA 1991-1 130-A.doc 11123/9912:48 PM File No. CFD99-1 0< ?~! ------------------ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, APPROVING AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council "), has held and conducted proceedings relating to the levy of special taxes and the issuance of bonds in a community facilities district to finance the acquisition of certain public improvements, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5. Part I, 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"). Such community facilities district is designated as COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE - PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) (the "District"); and, WHEREAS, the District was formed for the purpose of financing the acquisition of such public improvements from Otay Project, LP, the master developer of the property within the District (the "Developer"); and, WHEREAS, the City and the Developer have negotiated the terms and conditions pursuant to which the public improvements are to be constructed by the Developer and acquired by the City and bonds are to be issued to finance the acquisition of such public improvements and such terms and conditions have been memorialized in an AcquisitionlFinancing Agreement by and between the City and the Developer (the "Acquisition/Financing Agreement"), the form of which has been presented to this City Council for its consideration and approval. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION I. The above recitals are all true and correct. SECTION 2. The Acquisition/Financing Agreement, herewith submitted, is approved substantially in the form submitted. The Mayor is hereby authorized to execute the final form of such agreement on behalf of the City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes in such agreement deemed to be in the best interests of the City, approval of such changes to be evidenced by the execution of such agreement. PREPARED BY: APPROVED AS TO FORM BY: John P. Lippitt (] ~ 71 L ()6,--C< l~ John Kaheny Director of Public Works City Attorney H:\$HARED\CLERK\ Res Approving Acquisition Agreement.doc ;<7A..-/ .. .__._-_._--_..._._~._.._.~_._..._-'" RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE-PORTIONS OF VILLAGE ONE. VILLAGE FIVE AND VILLAGE ONE WEST), AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF SPECIAL TAX BONDS OF THE DISTRICT, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS AND APPROVING MODIFICATIONS TO TABLE 6 OF THE RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX. WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (this "City Council"), did previously conduct proceedings to form and did form a community facilities district pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part I. Division 2, Title 5 of the Government Code of the State of California (the "Act"), said Community Facilities District designated as COMMUNITY FACILITIES NO. 99-1 (OT A Y RANCH SPA ONE-PORTIONS OF VILLAGE ONE, VILLAGE FIVE AND VILLAGE ONE WEST) (the "Community Facilities District") for the purpose of financing the acquisition of certain public improvements; and, WHEREAS, this City Council has previously declared its intention to issue bonds to finance the acquisition of such improvements, such bonds be issued pursuant to the terms and provisions of the Act and the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts, as amended to date (the "Goals and Policies"); and, WHEREAS, at this time this City Council desires to set forth the general terms and conditions relating to the authorization, issuance and administration of such bonds; and, WHEREAS, the forms of the following documents have been presented to and considered for approval by this City Council: A. Bond Indenture by and between the Community Facilities District and U.S. Bank Trust National Association, as fiscal agent (the "Fiscal Agent") setting forth the terms and conditions relating to the issuance and sale of bonds (the "Bond Indenture") ; B. Bond Purchase Agreement authorizing the sale of bonds to Stone & Youngberg LLC, the designated underwriter (the "Bond Purchase Agreement "); 1 ~7g~/ C. Preliminary Official Statement containing information including but not limited to the Community Facilities District and the bonds, including the terms and conditions thereof (the "Preliminary Official Statement"); and D. Continuing Disclosure Agreement by and between the Community Facilities District and U.S. Bank Trust National Association, as dissemination agent (the "Dissemination Agent"), pursuant to which the Community Facilities District will be obligated to provide ongoing annual disclosure relating to the bonds (the "Continuing Disclosure Agreement"); and WHEREAS, this City Council, with the aid of City staff, has reviewed and considered the Bond Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement and the Preliminary Official Statement and finds those documents suitable for approval, subject to the conditions set forth in this resolution; and WHEREAS, all conditions, things and acts required to exist, to have happened and to have been performed precedent to and in the issuance of the bonds as contemplated by this resolution and the documents referred to herein exist, have happened and have been performed or have been ordered to have been preformed in due time, form and manner as required by the laws of the State of California, including the Act and the applicable policies and regulations of the City of Chula Vista; and WHEREAS, the expected development within Zone C of the Community Facilities District as defined in the Rate and Method of Apportionment of Special Tax ("RMA") has been modified and such modification of the expected development within such Zone in turn affects Table 6 of the RMA which reflects the expected development within Zone C and the corresponding Expected Special Tax Revenue (as defined in the RMA); and WHEREAS, the modification of Table 6 of the RMA as proposed to reflect the revised development expectations within Zone C prior to the sale and delivery of the bonds is administrative in nature and will result in a more accurate projection of expected development within such Zone. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Determinations. This legislative body hereby makes the following determinations pertaining to the proposed issuance of the Bonds: (a) The value of the property within Community Facilities District which will be subject to the special tax to pay debt service on the Bonds will be at least 4 times the principal amount of the Bonds and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Act on property within the Community Facilities District or a special assessment levied on property 2 c27ß"2. - u"___...______.^__.._^... within the Community Facilities District (collectively, "Land Secured Bonded Indebtedness"). The value of certain properties to be developed is, however, less than 4 times but more than 3.5 the Land Secured Bond Indebtedness allocable to such properties and the value of one property to be developed is less than 3 times the Land Secured Bonded Indebtedness allocable to such property. The foregoing determinations are based upon the full cash value of such properties as shown upon an appraisal of the subject properties prepared by Bruce W. Hull & Associates, a state certified real estate appraiser, as defined in Business and Professions Code Section II340(c). Such determination was made in a manner consistent with the Goals and Policies. (b) The Goals and Policies generally require that the full cash value of the properties within the Community Facilities District subject to the levy of the special taxes must be at least 4 times the Land Secured Bonded Indebtedness Allocable to such properties. Based upon the appraised values of these properties, this provision of the Goals and Policies has been satisfied. The Goals and Policies further provide that the full cash value of each development area for which no final subdivision maps have been filed must also be at least 4 times the Land Secured Bonded Indebtedness allocable to each such property. As stated in (a) above, the full cash value of certain of the development areas is less than 4 times the Land Secured Bonded Indebtedness allocable to such properties but greater than 3.5 times such amounts. Pursuant to the Goals and Policies, the City Manager has determined, after consultation with the Director of Finance, the City's bond counsel, the City's fmancial advisor and the proposed underwriter of the Bonds, that the value,to,debt ratio for such development areas is fmancially prudent under the circumstances of the Community Facilities District. Based upon the determination of the City Manager which is set forth in the staff report related to this matter, this City Council approves the issuance of the Bonds. (c) As to the property within the Community Facilities District for which the value is less than 3 times the Land Secured Bonded Indebtedness allocated to such property, this City Council finds that the AcquisitionlFinancing Agreement by and between the City and Otay Project LP requires the deposit of cash or a letter of credit prior to the delivery of the Bonds to offset the deficiency in the value of such property and the City Council accepts that form of credit enhancement for such purpose. (d) The terms and conditions of the Bonds as contained in the Bond Indenture are consistent with and conform to the Goals and Policies. (e) As a result of the current status of development of the property within the Community Facilities District and the relative overall lack of diversity of ownership of property within the Community Facilities District, the private sale of the Bonds will result in a lower overall cost to the Community Facilities District. 3 c) ?ß~;,1 - _^_ _______~__.___ ____u______._ SECTION 2. Bonds Authorized. Pursuant to the Act, this Resolution and the Bond Indenture, special tax bonds of the Community Facilities District designated as "City of Chula Vista Community Facilities District No. 99-1 (Otay Ranch Spa One-Portions Of Village One, Village Five And Village One West) Special Tax Bonds, Series 1999" (the "Bonds") in an aggregate principal amount not to exceed $23,000,000 are hereby authorized to be issued. The date, manner of payment, interest rate or rates, interest payment dates, denominations, form, registration privileges, manner of execution, place of payment, terms of redemption and other terms, covenants and conditions of the Bonds shall be as provided in the Bond Indenture as finally executed. SECTION 3. Authorization and Conditions. The Director of Finance or such other official of the City as may be designated by this City Council (an "Authorized Officer") is hereby authorized and directed to execute and deliver the final form of the various documents and instruments described in this Resolution. provided that no additions or changes shall authorize an aggregate principal amount of Bonds in excess of $23,000,000, an annual interest rate on the Bonds in excess of seven and a quarter percent (7.25 %) per year and a purchase price for the Bonds not less than ninety eight percent (98.25 %) of the par amount of the Bonds (excluding original issue discount, if any). The approval of such additions or changes shall be conclusively evidenced by the execution and delivery of such documents or instruments by the Authorized Officer, upon consultation with and review by the City Attorney and Brown Diven & Hessell LLP, the Community Facilities District's bond counsel. SECTION 4. Bond Indenture. The form of Bond Indenture by and between the Community Facilities District and the Fiscal Agent, with respect to the Bonds as presented to this City Council and on file with the City Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed on behalf of the Community Facilities District, subject to the provisions of Section 3 above. SECTION 5. Official Statement and Continuing Disclosure Agreement. The City Council hereby approves the form of the Preliminary Official Statement as presented to this City Council and on file with the City Clerk, together with any changes therein or additions thereto deemed advisable by the Director of Finance or, in the absence of the Director of Finance, another Authorized Officer. Pursuant to Rule 15c2,12 under the Securities Exchange Act of 1934 (the "Rule") the Director of Finance or, in the absence of the Director of Finance, another Authorized Officer is authorized to determine when Preliminary Official Statement is deemed final, and the Director of Finance or such other Authorized Official is hereby authorized and directed to provide written certification thereof. The execution of the final Official Statement, which shall include such changes and additions thereto deemed advisable by the Director of Finance or, in the absence of the Director of Finance, another Authorized Officer pursuant to the Rule, shall be conclusive evidence of the approval of the final Official Statement by the Community Facilities District. The City Council hereby authorizes the distribution of the final Official Statement by the Underwriters (as defined below) as the initial purchasers of the Bonds. The form of Continuing Disclosure Agreement by and between the Community Facilities District and the Dissemination Agent as presented to this City Council and on file with the City 4 02?/J-i ---"--...---- ._-~---_._---_._--_._--.----.-- Clerk is hereby approved. An Authorized Officer is hereby authorized and directed to cause the same to be completed and executed on behalf of the Community Facilities District, subject to the provisions of Section 3 above. SECTION 6. Sale of Bonds. This City Council hereby authorizes and approves the negotiated sale of the Bonds to Stone & Youngberg LLC (the "Underwriter"). The form of the Bond Purchase Agreement is hereby approved and an Authorized Officer is hereby authorized and directed to execute the Bond Purchase Agreement on behalf of the Community Facilities District upon the execution thereof by the Underwriter, subject to the provisions of Section 3 above. SECTION 7. Bonds Pn:pared and Delivered. Upon the execution of the Bond Purchase Agreement, the Bonds shall be prepared, authenticated and delivered, all in accordance with the applicable terms of the Act and the Bond Indenture, and any Authorized Officer and other responsible City officials, acting for and on behalf of the Community Facilities District, are hereby authorized and directed to take such actions as are required under the Bond Purchase Agreement and the Bond Indenture to complete all actions required to evidence the delivery of the Bonds upon the receipt of the purchase price thereof from the Underwriter. SECTION 8. Actions. All actions heretofore taken by the officers and agents of the City with respect to the establishment of the Community Facilities District and the sale and issuance of the Bonds are hereby approved, confirmed and ratified, and the proper officers of the City, acting for and on behalf of the Community Facilities District, are hereby authorized and directed to do any and all things and take any and all actions and execute any and all certificates, agreements, contracts, and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the lawful issuance and delivery of the Bonds in accordance with the Act, this Resolution, the Bond Indenture, the Bond Purchase Agreement, the Continuing Disclosure Agreement, and any certificate, agreement, contract, and other document described in the documents herein approved. SECTION 9. Amendment of Table 6 of the RMA. This legislative body hereby approves the amendment of Table 6 of the RMA for the Community Facilities District to read as set forth in Exhibit A attached hereto and incorporated herein by this reference. SECTION 10. Effective Date. This resolution shall take effect from and after its adoption. Presented by Approved as to form by John P. Lippitt, C~~~-' John Kaheny, Public Works Director City Attorney H:\SHARED\CLERK\11-21 Resolutionofissuance.doc 5 ;¿?ß~ç -^-- _.........._----~----_._-_.._-------------~----_._~,._------- EXHIBIT A Rate and Method of Apportionment for Community Facilities District No. 99-1 (Otay Ranch SPA One-Portions of Village One, Village Five and Village One West) TABLE 6 (Revised) Expected Development and Special Tax Revenue by Planning Area within Zone C Community Facilities District No. 99-1 NUMBER EXPECTED OF TOTAL SPECIAL PERCENT PLANNING EXPECTED UNlTSI RESIDENTIAL TAX OF TOTAL AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE R-49A Residential Property 87 units 177,132 $112,738 10.80% R-50 Residential Prooertv 83 units 205,176 123,477 11.82% R-51A Residential Prooertv 62 units 163,494 96,737 9.26% R-52A Residential Prooertv 55 units 172,590 97,940 9.38% R-53 Residential ProPertv 36 units 112,968 64,106 6.14% R-54A Residential Prooerty 9 units 18,324 11,663 1.12% R-55 Residential Prooerty 84 units 171,024 108,851 10.42% R-56 Residential Property 68 units 149,600 93,024 8.91% R-57 Residential Prooertv 20 units 49,440 29,754 2.85% R-58 Residential Prooertv 71 units 222,798 126,431 12.10"/0 R-59 Residential Property 55 units 145,035 85,815 8.22% R-60 Residential Property 63 units 155,736 93,724 8.98% TOTAL , 693 units $1,044,260 100.00% 02lß~?