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Home My WebLink AboutAgenda Packet 2004/08/17 August 17, 2004 I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act reql,lirements. AGENDA Deted ~Signed A~ 6:00 P.M. CALL-TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: Gabrielle Longo - Youth Commission Seok-Ik Go - Youth Commission E10y Ledesma - Youth Commission Bianca Brodbeck - Youth Commission Camille Cow1ishaw - Child Care Commission Stacey Stevenson - Child Care Commission Henry Cross - Child Care Commission . PRESENTATION BY JACK BLAKELY, EXECUTIVE DIRECTOR OF THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION, OF A $2100 CHECK RAISED BY THE PET FEST FOR THE ANIMAL CARE FACILITY . INTRODUCTION BY JASON HARMON, INTERNATIONAL FRIENDSHIP COMMISSION CHAIRPERSON, OF EXCHANGE STUDENTS FROM ODA W ARA, JAPAN, AND OF CHULA VISTA STUDENTS RETURNING FROM THEIR EXCHANGE IN ODA W ARA . PRESENTATION BY CYNTHIA BURKE, PH.D., REPRESENTATIVE FROM SANDAG'S CRIMINAL mSTICE RESEARCH DIVISION, OF THE RESULTS OF THE THIRD CITIZEN RESIDENT OPINION SURVEY CONSENT CALENDAR (Items 1 through 11) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. APPROVAL OF MINUTES of August 3, 2004. Staff recommendation: Council approve the minutes. Page 1 - Council Agenda August 17, 2004 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. ll-M (SECOND READING) Special taxes levied within CFD II-M will fund the perpetual operation, monitoring and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub Area III. This ordinance was introduced August 3, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MILITARY LEAVE POLICY FOR ALL CLASSIFIED AND UNCLASSIFIED EMPLOYEES TO COVER ANY PERIOD DURING WHICH A CITY EMPLOYEE IS CALLED AND SERVES IN AN ACTIVE MILITARY STATUS FOR THE DURATION OF OPERATION ENDURING FREEDOM AND OTHER PRESIDENTIAL CALL-UPS OF THE RESERVES FOR ACTIVE MILITARY DUTY On September 14, 2001, President Bush signed an order authorizing the military to call up 50,000 military reservists in the aftermath of the terrorist attacks. As a result, the City Council approved a temporary Military Leave Policy to insure that City employees who are called to active duty maintain their current level of pay and benefits. Adoption of the resolution approves a Military Leave Policy for all classified and unclassified employees for the duration of Operation Enduring Freedom and other presidential call-ups of the reserves for active military duty. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER 11 AND 12,2004 FOR THE ORANGE CRATE DERBY Adoption of the resolution approves a temporary closure on Rancho Del Rey Parkway on September II and 12, 2004 to conduct the 25th Annual Orange Crate Derby. (Chief of Police, Director of Human Resources) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUESTS FROM BONITA BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFEST PARADE ON SATURDAY, SEPTEMBER 25,2004 Adoption of the resolution approves the request to conduct the Bonitafest and Bonitafest parade on Saturday, September 25, 2004. (Chief of Police, Director of Human Resources) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda August 17, 2004 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT BUDGET AND APPROPRIATING $120,840 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $31,340 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO UPGRADE THE CITY OF CHULA VISTA'S PRIMARY EMERGENCY OPERATIONS CENTER (EOC) AND ESTABLISH A SECOND EOC (4/5THS VOTE REQUIRED) The City of Chula Vista Emergency Response Plan requires that an Emergency Operations Center (EOC) be available to make sure critical operations are maintained in the event of a natural or human-made disaster. Staff is recommending upgrade of the primary EOC located at 4th and Davidson (in the old Police building) and establishment of a second EOC at the Public Works Center, located at 1800 Maxwell. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF THE TRAFFIC SIGNAL INSTALLATION AT FIFTH A VENUE AND MOSS STREET (TF-315), TO ABC GRADING & PAVING, A JOINT VENTURE DBA ACE ELECTRIC/ABC CONSTRUCTION Installation of a traffic signal at the subject intersection was approved and budgeted as part of the Fiscal Year 2003/2004 and Fiscal Year 2004/2005 Capital Improvement Programs. The scope of the project includes the installation of fully actuated traffic signal system and other work necessary to complete the project. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE 6 UNIT I, NEIGHBORHOOD R-9B; ACCEPTING THE SEWER ACCESS EASEMENTS OFFERED THEREON; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE 6 UNIT I, NEIGHBORHOOD R-9B On March 26, 2002, Council approved a tentative subdivision map for Otay Ranch Village 6. Approval of the Final "B" Map and its associated Subdivision and Supplemental Subdivision Improvement Agreements allows the final map to be recorded and the development of the project to proceed. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda August 17,2004 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AGREEMENTS WITH BRUCE HULL AND ASSOCIATES FOR APPRAISAL SERVICES, THE MEYERS GROUP FOR MARKET ABSORPTION SERVICES AND MCGILL MARTIN SELF, INC. FOR SPECIAL TAX CONSULTANT AND AUDITING SERVICES FOR COMMUNITY FACILITIES DISTRICTS WITHIN THE CITY FOR THE NEXT THREE YEARS The City currently has seven community facilities districts (CFD's) for the purpose of financing infrastructure improvements. The consultants have provided CFD formation services for the last three years. It is recommended that the consultants continue to provide CFD formation services for the City in the coming three years. (Director of General Services, City Engineer) Staff recommendation: Council continue the item to August 24, 2004. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RBF CONSULTING FOR PROFESSIONAL SERVICES IN SUPPORT OF THE CITY'S GENERAL PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY RBF Consulting has been assisting staff with the development of land use and transportation alternatives, preparation of the Land Use & Transportation Element, and public meeting facilitation. A contract amendment approved in August 2003 anticipated completion of the General Plan update by May/June 2004. Completion is now set for early September 2004. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO REJECT A PROPOSAL TO SHIFT $1 BILLION IN ADDITIONAL COSTS TO SDG&E RATEPAYERS Adoption of the resolution supports San Diego Gas & Electric's effort to oppose a proposed settlement agreement, which shifts one billion dollars in additional costs over the next eight years to San Diego region electricity customers. (Assistant City Manager Morris, Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution and direct staff to work with the California Public Utilities Commission, San Diego Gas & Electric, and other parties to adopt a fair and reasonable allocation process for all California ratepayers. Page 4 - Council Agenda August 17,2004 -,-,_.~._-- ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 12. CONSIDERATION OF MODIFICATION OF THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE (Continued from July 13, 2004) The Salt Creek sewer basin development impact fee was established in December 1994 to facilitate construction of the Salt Creek trunk sewer to serve properties within the benefit area. Since that time, costs associated with the project have continued to increase, and the project has broadened in scope as additional needed sewer facilities have been identified to serve the benefit area. In order to ensure that sufficient funding will be available to complete the project, staff recommends increasing the Salt Creek sewer basin DIF from $284 to $1,330 per equivalent dwelling unit. (Director of General Services, City Engineer) Staff recommendation: Council conduct the public hearing, adopt the following resolution and urgency ordinance, and place the following ordinance on first reading. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE ENGINEER'S REPORT UPDATING THE SALT CREEK SEWER BASIN DEVELOPMENT IMP ACT FEE B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 (FIRST READING) C. URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 Page 5 - Council Agenda August 17,2004 ----- ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 13. CONSIDERATION OF APPROVAL OF THE CREATION OF THE DIVISION OF ENERGY SERVICES AND THE ADDITION OF ONE UNCLASSIFIED AT-WILL POSITION Adoption of the resolution and ordinance provides for the budget and staffing needs for implementation of the City's Energy Strategy and Action Plan, oversight of California Public Utility Commission monitoring and the Municipal Energy Utility business model recommendations, including Community Choice Aggregation and Greenfield development. (Assistant City Manager Morris) Staff recommendation: Council adopt the following resolution and place the ordinance on first reading: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CREATION OF THE DIVISION OF ENERGY SERVICES, REPORTING TO THE CITY MANAGER'S OFFICE, AND THE ADDITION OF ONE UNCLASSIFIED AT-WILL POSITION, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITION TO ADD THE POSITION OF ENERGY SERVICES MANAGER (FIRST READING) 14. CONSIDERATION OF APPROVAL OF THE ADDITION OF ONE UNCLASSIFIED, AT-WILL POSITION TO THE CITY CLERK'S OFFICE Adoption of the resolution and ordinance approves the reorganization of the City Clerk's Department to successfully carry out the department's current and long-term work programs and goals, authorizes the addition of a new unclassified, at-will position of Assistant to the City Clerk, and appropriates funds therefor. Chula Vista Charter Section 500 requires that all unclassified positions not mentioned specifically in the section be added by ordinance. (City Clerk) Staff recommendation: Council adopt the following resolution and place the following ordinance on first reading. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED, AT-WILL POSITION TO THE CITY CLERK'S DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) Page 6 - Council Agenda August 17, 2004 -_....._-- B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF ASSISTANT TO THE CITY CLERK (FIRST READING) 15. REPORT REGARDING THE CHULA VISTA TRANSIT (CVT) BUS PAINT SCHEME With the transit system's expected delivery of six new mid-size, low-floor, Compressed Natural Gas (CNG) buses and the Metropolitan Transit System Board's adoption of a new bus graphic design and logo, Council may want to consider a change to the existing paint scheme, beginning with these six (6) buses. (Director of Public Works Operations) Staff recommendation: Council accept the report and consider staff's recommendation to continue with current graphic design and paint colors for the new buses. ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 16. CITY MANAGER'S REPORTS 17. MAYOR'S REPORTS A. Ratification of appointments to the Youth Advisory Commission: . John Tessitore (Bonita Vista Middle School) . Chelsea Rodriguez (Hilltop Middle School) 18. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of August 24, 2004, at 6:00 p.m. in the Council Chambers. Page 7 - Council Agenda August 17, 2004 -, ~---_.._..-.- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 3, 2004 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 15 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . INTRODUCTION BY CITY ATTORNEY, ANN MOORE, OF THE EMPLOYEE OF THE MONTH, JOYCE MALVEAUX, LEGAL ASSISTANT City Attorney Moore introduced Ms. Malveaux. Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Ms. Malveaux. . OATHS OF OFFICE: Katherine Magallon - Design Review Committee Margie Reese - Housing Advisory Commission Gene Pellerin - Veterans Advisory Commission City Clerk Bigelow administered the oaths, and Deputy Mayor Salas presented the new Commissioners with certificates of appointment. CONSENT CALENDAR (Items I through 12) Councilmember McCann stated that he would abstain from voting on Item 7 due to the proximity of his residence to the districts; and on Item II due to the proximity of property he owns to the downtown area. Deputy Mayor Salas stated that she would abstain from voting on Items II and 12 due to the proximity of her residence to the downtown area and project, respectively. Mayor Padilla stated that out of an abundance of caution, he would abstain from voting on Item No.6 due to the proximity ofthe site to property he is in the process of purchasing. Page I - Council Minutes I Augost 3, 2004 CONSENT CALENDAR (Continued) 1. APPROVAL OF MINUTES of July 13 and July 20, 2004. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 2972, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS The California Border Alliance Group (CBAG) has requested the reclassification of one of the CBAG Management Assistants to CBAG Executive Assistant. Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in that section be added by ordinance. Adoption of the ordinance amends Municipal Code Section 2.05.010 to add the unclassified position of CBAG Executive Assistant. This ordinance was introduced on July 20, 2004. (Police Chief) Staffrecommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2004-239, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $6,750 FROM THE CENTER FOR PROBLEM-ORIENTED POLICING, AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET AND APPROPRIATING FUNDS THEREFOR The Police Department received funding from the Center for Problem-Oriented Policing to develop a guidebook as part of the U.S. Department of Justice's Problem-Oriented Policing Guides for Police. The series currently includes 25 guides on topics ranging from residential burglary in single-family homes to car thefts in parking facilities and provides recommendations to police and communities to reduce these problems. (Chief of Police) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-240, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $40,000 FROM NORTH CAROLINA STATE UNIVERSITY, AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET FOR THE INSTITUTIONALIZING PROBLEM ANALYSIS PROJECT AND APPROPRIATING FUNDS THEREFOR The Police Department has received funding from North Carolina State University as part of the U.S. Department of Justice project, "Institutionalizing Problem Analysis". The purpose of this project is to develop a program to institutionalize problem analysis throughout police departments nationwide. The Chula Vista Police Department is one of five select agencies participating in this innovative project. (Chief of Police) Staffrecommendation: Council adopt the resolution. Page 2 - Council Minutes August 3, 2004 -------..---". ..._---_._--_._~-,...- CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2004-241, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE CHULA VISTA CHAMBER OF COMMERCE FOR $20,000 IN FINANCIAL ASSISTANCE FOR CELEBRATE CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT For many years, the City has contracted with the Chamber of Commerce to present a late surmner festival co-sponsored by the City, the Chamber and the Port of San Diego. This year, the event will be held on Saturday, September II. With this agreement, the City will contract with the Chamber of Commerce to produce Celebrate Chula Vista. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 6 A. RESOLUTION NO. 2004-242, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-8 AND R-9, APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS, AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 01-11, OTAY RANCH VILLAGE 11, NEIGHBORHOODS R-8 AND R-9 B. RESOLUTION NO. 2004-243, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT 01-11, OTAYRANCH VILLAGE II, NEIGHBORHOODS R-8 AND R-9 On October 23,2001, the Council approved a tentative subdivision map for Otay Ranch Village 11. Approval of the Final "B" Map, its associated subdivision and supplemental subdivision improvement agreements, a grant of easements and a maintenance agreement will allow the project to proceed. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 7. RESOLUTION NO. 2004-244, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF MAXIMUM SPECIAL TAXES FOR FISCAL YEAR 2004/2005 WITHIN COMMUNITY FACILITIES DISTRICTS 97-1, 97-2, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 06-1, 07-1,08-1, 07M, 08M, AND 09M; AND DELEGATING TO THE CITY MANAGER THE AUTHORITY TO ESTABLISH THE SPECIAL TAX FOR EACH DISTRICT Seventeen Community Facilities Districts were formed during Fiscal Years 1998-2004. Each year, a special tax must be levied in each of the districts to pay for the maintenance of open space and preserve areas or to repay bondholders. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes August 3,2004 CONSENT CALENDAR (Continued) 8. RESOLUTION NO. 2004-245, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DELETING ONE ENGINEERING TECHNICIAN II POSITION AND ADDING ONE ADMINISTRATIVE ANALYST II POSITION The nature of the work currently performed by the Engineering Technician within the Special Tax Districts Section of the General Services Department has evolved such that the technician now performs work of a predominantly fiscal and analytical nature. These tasks and duties are more appropriately performed by an Administrative Analyst. (Director of General Services) Staff recommendation: Council adopt the resolution. 9A. RESOLUTION NO. 2004-246, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH, PHASE III "A" MAP NO: I; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH, PHASE III "A" MAP NO. I; APPROVING THE SAN MIGUEL RANCH PHASE 3 BASIN MAINTENANCE, GRADING MITIGATION, AND EROSION, SEDIMENTATION AND NPDES COMPLIANCE AGREEMENT B. RESOLUTION NO. 2004-247, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENTS FOR CHULA VISTA TRACT NO. 99-04, SAN MIGUEL RANCH, PHASE III "A" MAP NO. I C. RESOLUTION NO. 2004-248, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DRAINAGE ENCROACHMENT PERMIT AND MAINTENANCE AGREEMENT FOR PROCTOR V ALLEY ROAD CULVERTS WITHIN CALTRANS' BONITA MEADOW MITIGATION SITE D. RESOLUTION NO. 2004-249, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE JOINT USE AGREEMENT WITH THE SAN DIEGO COUNTY WATER AUTHORITY FOR RIGHT OF WAY, SEWER AND DRAINAGE ADJACENT TO PROCTOR V ALLEY ROAD On February 29, 2000, the Council approved a tentative subdivision map for San Miguel Ranch. The "A" Map and associated agreements will create lots for the major planning areas within the final phase of San Miguel Ranch (phase 3) but does not create any residential lots. The area is generally northeast of Proctor Valley Road, west of SR-125. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. Page 4 - Council Minutes August 3, 2004 CONSENT CALENDAR (Continued) 10 A. RESOLUTION NO. 2004-250, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. I FOR THE LOCAL STREETS PAVEMENT REHABILITATION PROJECT (STL-300) IN THE AMOUNT OF $37,658.75, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY, AND AUTHORIZING STAFF TO INCREASE THE VALUE OF THE CONTRACT TO EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT B. RESOLUTION NO. 2004-251, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $57,658.75 FROM THE 2004 PAVEMENT REHABILITATION PROJECT (STL- 293) TO THE LOCAL STREETS PAVEMENT REHABILITATION PROJECT (STL- 300) FOR ADDITIONAL SCOPE OF WORK AND STAFF TIME EXPENSES INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT, AND FOR ADDITIONAL INSPECTION SERVICES Adoption of the resolutions approves Change Order No. I to the local streets pavement rehabilitation project, in the amount of $37,658.75, for additional streets to be included for pavement rehabilitation. The additional $20,000 is for staff time expenses incurred prior to and during construction of the project and for inspection services for the increased scope of work. (Director of General Services) Staff recommendation: Council adopt the resolutions. II A. RESOLUTION NO. 2004-252, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM E STREET TO H STREET FOR THE CHULA VISTA THIRD AVENUE LEMON FESTIVAL ON AUGUST 15, 2004, FROM 4:00 A.M. - 9:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT B. RESOLUTION NO. 2004-253, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD A VENUE FROM "D" STREET TO "I" STREET, "H" STREET BETWEEN SECOND AND FOURTH AVENUES, AND PORTIONS OF INTERSECTING STREETS FROM 1:00 P.M. TO 10:00 P.M. ON SATURDAY, DECEMBER 4,2004, FOR THE ANNUAL STARLIGHT YULE PARADE C. RESOLUTION NO. 2004-254, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF A PORTION OF CENTER STREET BETWEEN THIRD AVENUE AND DEL MAR AVENUE FROM 1:00 - 10:00 P.M. ON SATURDAY, DECEMBER 4,2004, WAIVING THE PROHIBITION ON SIDEWALK SALES AND WAIVING BUSINESS LICENSE FEES TO THE DOWNTOWN BUSINESS ASSOCIATION AND VENDORS FOR PURPOSES OF HOLDING A CRAFT FAIR DURING THE STARLIGHT YULE PARADE Page 5 - Council Minutes Augost 3, 2004 CONSENT CALENDAR (Continued) D. RESOLUTION NO. 2004-255, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR SPECIAL EVENTS FOR 2004, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Chula Vista Downtown Business Association (DBA) is requesting the closure of Third Avenue and portions of other streets for three 2004 promotional events, the Lemon Festival on August 15, the Starlight Yule Parade on December 4, and the Craft Fair on December 4. The Lemon Festival is an annual event, and activities will include live entertainment along with approximately 200 arts, crafts and food booths. The Annual Starlight Yule Parade will be held for the 42nd year. (Director of Communications) Staff recommendation: Council adopt the resolutions. 12. RESOLUTION NO. 2004-256, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING DOWNTOWN PROPERTY AND BUSINESS IMPROVEMENT DISTRICT ANNUAL COST OF LIVING ASSESSMENT ADJUSTMENT The Downtown Property and Business Improvement District (PBID) may authorize annual cost of living increases of up to five percent, pursuant to Section VI (C) of the adopted Management Plan. For the 2004/2005 tax year, the PBID Board of Directors has recommended an assessment increase of3.0 percent, which is consistent with the regional consumer price index increase. (Director of Community Development) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staff's recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except as follows: Item I carried 4-0-1 with Councilmember Rindone abstaining with regard to the minutes of July 20, 2004, due to his absence at that meeting; Item 6 carried 4-0-1, with Mayor Padilla abstaining due to the proximity of the site to property he is in the process of purchasing; Item 7 carried 4-0-1, with Councilmember McCann abstaining due to the proximity of his residence to the districts; Item II carried 3-0-2, with Councilmember McCann abstaining due to the proximity of property that he owns to the downtown area and with Deputy Mayor Salas abstaining due to the proximity of her residence to the downtown area; and Item 12 carried 4-0-1, with Deputy Mayor Salas abstaining due to the proximity of her property to the project. Page 6 - Council Minutes Augost 3, 2004 . ORAL COMMUNICATIONS Jesse Navarro, Special Assistant to the District Attorney, commended the Police Department on an excellent safety record and introduced the idea of a joint "town council meeting" between the Council, Police Department, District Attorney's office, and the community to discuss concerns with regard to public safety. Mayor Padilla indicated that his staff would contact Mr. Navarro. Steve Molski spoke about increased traffic, including heavily loaded trucks and buses, that used G Street west of Broadway while H Street was under reconstruction, and he asked that the City repair damages to G Street as soon as possible and also address the area where a trench was cut across the road near a new development, creating a "speed bump." Jim Peterson spoke regarding residential development on the bayfront and suggested that the Council take field trips to condominium sites in the region and perhaps commission an architectural firm to prepare site plans and elevations showing condominiums along the bayfront in order to be able to visualize the appropriate number of units and architectural style. PUBLIC HEARINGS 13. CONSIDERATION OF APPROVAL OF AMENDING CHAPTERS III (ANIMAL CONTROL), VI (POLICE), VII (RECREATION), AND XV (FIRE), OF THE CITY'S MASTER FEE SCHEDULE, AND CREATING A NEW CHAPTER FOR NATURE CENTER FEES Several departments are recommending changes to the Master Fee Schedule to update flat fees. These departments include Fire, Nature Center, Police, and Recreation. The proposed changes include amendments to existing fees and the implementation of new fees. (Fire Chief, Nature Center Director, Chief of Police, Director of Recreation, and Assistant Director of Budget and Analysis) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Administrative Services Manager Chew presented the proposed Police Department fee increases. Councilmember Rindone stated that he could not support the proposed $10 counselor fee for the adoption of cats and dogs. With no members of the public wishing to speak, Mayor Padilla closed the hearing. Councilmember Rindone moved to bifurcate the proposed $10 counselor fee for the adoption of cats and dogs from the remainder of the changes to the Master Fee Schedule. The motion died for lack of a second. ACTION: Councilmember Davis offered Resolution No. 2004-257, heading read, text waived: Page 7 - Council Minutes August 3, 2004 ---.-- PUBLIC HEARINGS (Continued) RESOLUTION NO. 2004-257, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGES TO THE MASTER FEE SCHEDULE The motion carried 4-1 with Councilmember Rindone opposing. 14. CONSIDERATION OF THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. II-M (ROLLING HILLS RANCH) On June 1,2004, the Council initiated the Community Facilities District No. II-M (CFD ll-M) formation proceedings. Adoption of the resolutions and ordinance concludes the formal proceedings to establish CFD No. Il-M. Special taxes levied within CFD ll-M will fund the perpetual operation, monitoring and maintenance of Multiple Species Conservation Program (MSCP) lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub Area m. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. (Director of General Services, City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. City Clerk Bigelow reported that no written protests had been filed with respect to the formation of the district. There being no members of the public wishing to speak, Mayor Padilla closed the public hearing. ACTION: Councilmember Davis offered Resolution No. 2004-258, heading read, text waived: RESOLUTION NO. 2004-258, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. II-M (ROLLING HILLS RANCH) AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES WITHIN THE CFD TO THE QUALIFIED ELECTORS THEREOF The motion carried 5-0. Mayor Padilla asked the City Clerk to tabulate the ballots and declare the results of the special election. City Clerk Bigelow reported that one ballot was received; there were 494 votes in favor and no votes in opposition to both Propositions A and B. Page 8 - Council Minutes Augost 3, 2004 PUBLIC HEARINGS (Continued) ACTION: Councilmember Davis offered Resolution No. 2004-259 for adoption and the following ordinance for first reading, headings read texts waived: RESOLUTION NO. 2004-259, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF A SPECIAL ELECTION IN COMMUNITY FACILITIES DISTRICT NO. II-M (ROLLING HILLS RANCH) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. ll-M (ROLLING HILLS RANCH) (FIRST READING) The motion carried 5-0. ACTION ITEMS 15. CONSIDERATION OF APPROVAL OF THE ADDITION OF ONE UNCLASSIFIED, AT-WILL POSITION TO THE CITY CLERK'S OFFICE Adoption of the resolution and ordinance approves the reorganization of the City Clerk's Department to successfully carry out the department's current and long-term work programs and goals, authorizes the addition of a new unclassified, at-will position of Assistant to the City Clerk, and appropriates funds therefor. Chula Vista Charter Section 500 requires that all unclassified positions not mentioned specifically in the section be added by ordinance. (City Clerk) It was the consensus of the Council to continue this item to a future meeting at the request of staff. 16. CONSIDERATION OF APPROVAL OF THE FINAL MAP AND ASSOCIATED DOCUMENTS FOR ROLLING HILLS RANCH, SUB-AREA III, NEIGHBORHOOD 9A, CHULA VISTA TRACT NO. 92-02A, AND AN AMENDMENT TO THE ROLLING HILLS RANCH DESILTATION AND NPDES COMPLIANCE AGREEMENT Adoption of the resolutions approves the final map for Neighborhood 9A of Rolling Hills Ranch, Sub-area III, its associated subdivision and supplemental subdivision improvement agreements, a grant of easements and a maintenance agreement for privately maintained public property. (Director of General Services, City Engineer) ACTION: Mayor Padilla offered Resolutions 2004-260 and 2004-261, headings read, texts waived: Page 9 - Council Minutes Augost 3, 2004 ACTION ITEMS (Continued) RESOLUTION NO. 2004-260, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF ROLLING HILLS RANCH, SUB-AREA III, NEIGHBORHOOD 9A, CHULA VISTA TRACT NO. 92-02A; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 16834 AND RESOLUTION NO. 2003-199; APPROVING THE AMENDMENT TO THE ROLLING HILLS RANCH (FORMERLY KNOWN AS SALT CREEK RANCH) CVT 92-02A DESILTATION AND NPDES COMPLIANCE AGREEMENT; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS RESOLUTION NO. 2004-261, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND MAINTENANCE AGREEMENT FOR ROLLING HILLS RANCH, SUB-AREA III, NEIGHBORHOOD 9A, CHULA VISTA TRACT NO. 92-02A, ESTABLISHING OBLIGATIONS AND RESPONSffiILITIES FOR THE MAINTENANCE OF CERTAIN PUBLIC IMPROVEMENTS BY THE DEVELOPER The motion carried 5-0. At 4:58 p.m., Mayor Padilla recessed the Council Meeting to convene the joint meetings of the City Council and Redevelopment Agency and a Special Meeting of the Public Financing Authority. The Council Meeting reconvened at 6:37 p.m., with all members present. OTHER BUSINESS 17. CITY MANAGER'S REPORTS City Manager Rowlands announced that the August 10th meeting will be for the purpose of discussing the Fire Department strategic plan and holding a Closed Session only. The meeting will begin at 6:00 p.m. in the Council Chambers. 18. MAYOR'S REPORTS A. Presentation of a Civic Award to Joyce Sculark, former Administrative Secretary to the Human Relations Commission. Mayor Padilla read a letter from the Commission into the record. Page 10 - Council Minutes Augost 3, 2004 MAYOR'S REPORTS (Continued) B. Consideration of designation of a voting delegate for the 2004 League of California Cities Annual Conference, to be held Friday, September 17 through Sunday, September 19, 2004 in Long Beach. ACTION: Councilmember Davis moved to appoint the Mayor as voting delegate. Councilmember McCann seconded the motion, and it carried 5-0. C. Ratification of appointment to the Veterans Advisory Commission: Sherry Strothers. ACTION: Mayor Padilla moved to ratify the appointment of Sherry Strothers to the Veterans Advisory Commission. Councilmember McCann seconded the motion, and it carried 5-0. D. Ratification of appointment to the Safety Commission: Majed Al-Ghafry ACTION: Mayor Padilla moved to ratify the appointment of Majed Al-Ghafry to the Safety Commission. Councilmember McCann seconded the motion, and it carried 5-0. E. Ratification of appointments to the Youth Advisory Commission: · Gabrielle Longo (Eastlake High School) · Seok-Ik Go (Danny Go - Eastlake High School) · Eloy Ledesma (Otay Ranch High School) · Bianca Brodbeck (Bonita Vista High School) ACTION: Mayor Padilla moved to ratify the abovementioned appointments to the Youth Advisory Commission. Councilmember McCann seconded the motion, and it carried 5-0. F. Ratification of appointments to the Child Care Commission: · Camille Cowlishaw · Stacey Stevenson · Henry Cross ACTION: Mayor Padilla moved to ratify the abovementioned appointments to the Child Care Commission. Councilmember McCann seconded the motion, and it carried 5-0. G. Ratification of reappointments to the following boards, committees and commissions: · Commission on Aging: Steve Palma · Board of Appeals & Advisors: Edward Nagorski · Charter Review Commission: Mark Croshier · Civil Service Commission: Simòn Silva, Arthur Triplette Jr. · Cultural Arts Commission: Christopher Redo, Diannah Smith · Design Review Committee: Jose Alberdi Jr. · Board of Ethics: Rudy Ramirez · Growth Management Oversight Commission: Michael Spethman, David Krogh Page II - Council Minutes August 3, 2004 MAYOR'S REPORTS (Continued) · Housing Advisory Commission: Steven Zasueta · Human Relations Commission: Samuel Avalos, Edna Concepcion · Nature Center Board of Trustees: Susan Fuller, Dr. Floyd Wergeland · Parks & Recreation Commission: Yolanda Ramos · Planning Commission: Bryan Felber · Resource Conservation Commission: Stanley Jasek · Town Centre Project Area Committee: Clarke Dennison, Sharon Floyd · Veterans Advisory Commission: A.Y. Casillas ACTION: Mayor Padilla moved to ratify the abovementioned reappointments. Councilmember McCann seconded the motion, and it carried 5-0. 19. COUNCIL COMMENTS Councilmember Davis reported that she had ridden with the Mayor in the Pride Parade over the past weekend, and that the Police Chief also participated, along with members of his department. She said she hoped the Fire Department would participate in next year's event. Councilmember Rindone congratulated the Downtown Business Association on its visionary and proactive stances with regard to promoting the downtown area. Councilmember McCann commented on the groundbreaking event for the Bonita museurn/1ibrary/community room project and expressed appreciation for the partnership between the City, the County and Supervisor Cox. He stated that the project will be a great civic component for that area. CLOSED SESSION Closed Session was cancelled, and the following items were not discussed: 20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · ARB v Eastlake (SDSC #GISI5582) 21. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 · Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr. · Employee organization: Police Officers Association ADJOURNMENT At 6:46 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of August 10, 2004, at 6:00 p.m. in the Council Chambers. .- -=------~ b-Ù~ g:<. d ro. . Susan Bigelow, MMC, City Clerk Page 12 - Council Minutes Augost 3,2004 ORDINANCE NO. ~Q ~QO?i\O~ ~GN ORDINANCE OF THE CITY COUNCIL OF THE~~ A VISTA, CALIFORNIA, AUTHORIZING THE LEVY OF PECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT 11M (ROLLING HILLS RANCH) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote ftom the qualified electors authorizing the levy of a special taxes within a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 11M (ROLLING HILLS RANCH) (the "District"). The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 11M (Rolling Hills Ranch), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes within the District pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto (the "Special Tax Formula"), referenced and so incorporated. SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special taxes to be levied within the District for the then current tax year or future tax years, except that the special tax to be levied within the District shall not exceed the maximum special tax calculated pursuant to the Special Tax Formula, but the special tax may be levied at a lower rate. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taXes at a different time or in a different manner if necessary to meet its fmancial obligations. SECTION 4. The special taxes shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Govermnent Code of the State of California or S:\Warren,Diven\Ciûes\City of Chula Vista\CFD ll-M (Rolling Hills Ranc4)\Resolutiòns\Ord Authorize Levy of Special Tax CFD OllM.doc 2.-} ___ __ _.._ _ __0_ __m__.. until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. PREPARED BY: APPROVED AS TO FORM BY: Dc-- 7. II - I Jack Griffin Ann Moore Director of General Services City Attorney S:\Warren.Diven\Cities\City of Chula Vista\CFD l1~M (Rolling Hills Rancg¡\Resolutiõns\Ord Authorize Levy of Special Tax CFD OllM.doc 2. -2. COUNCIL AGENDA STATEMENT ::2 ITEM ..I MEETING DATE 8/17/04 ITEM TITLE: Resolution Approving a Military Leave Policy For All Classified and Unclassified Employees to cover any period during which a City employee is called and serves in an active military status for the duration of Operation Enduring Freedom and other Presidential call-ups of the Reserves for active military duty. SUBMITTED BY: Director of Human Resources ¡j6 REVIEWED BY: GP- ~ City Manager 1( ç¡J (4I5th Vote: Yes _ No..lO SUMMARY: On September 14, 2001, President Bush signed an order authorizing the military to call up 50,000 military reservists, in the aftermath of the terrorist attacks. As a result, the City Council approved a temporary Military Leave Policy to insure that City employees who are called to active duty maintain their current level of pay and benefits. RECOMMENDATION: Approve an extension to the aforementioned Military Leave Policy through the end of Operation Enduring Freedom and other call-ups of the Reserves for active military duty. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Recent City Historv On October 9, 2001, the City Council approved a temporary "Military Leave Policy" in response to the terrorist attacks on 9/11 and subsequent action by President Bush. This policy provides for a paid leave of absence from work for employees who were ordered to active military duty, with the paid leave offset by all gross military pay and allowances. Employees are not eligible to receive this paid leave for the 30 days that they receive paid military leave pursuant to the California Military & Veterans Code. State and Federal Law The City's current policy governing treatment of employees on military leave states that "such leave is granted in accordance with the provisions of applicable State and Federal laws". Public employers in California must comply with both state and federal law for employees who serve in the military. In California, the Military & Veterans Code §389 et seq. sets forth the employer obligations regarding the rights and benefits of employees serving in the armed forces. Employers must also comply with the federal Uniformed Services Employment and Reemployment Rights Act of 1994. 38 U.S.C. §§4301 et seq. 3-} - -_._-----_._~-_..._-_._-----_.- -:> ITEM :;) MEETING DATE 8/17/04 The California Military and Veterans Code defines leave as "leave of absence from public employment to engage in ordered military duty for a period which by the order is not to exceed 180 calendar days, including travel time for purposed of active military training, encampment, naval cruises, special exercises or like activity as a member of the reserve corps or force of the armed forces of the United States, or the National Guard, or the Naval Militia: Military & Veterans Cole §3899(a). The Federal government defines military leave as "the performance of duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty for training, full-time National Guard duty, and a period for which the person is absent from a position of employment for the purpose of an examination to determine the fitness of the person to perform any such duty." 38 U.S.C. §4303(13). Under federal law, employers do not have any obligation to continue to pay a salary to employees on military leave. Under California law, any public employee who is on temporary military leave, and who has been in the service of the public agency for at least one year, is entitled to receive his or her salary for the first 30 calendar days of such leave provided that the period of ordered duty does not exceed 180 calendar days. Neither federal nor state law requires an employer to continue payment for health insurance coverage for employees who are on military leave. However, employers are not restricted from voluntarily providing health care insurance for employees and their dependents while the employee is on military leave. TemDorarv Policv ADDroved bv Council Definition: Military leave during this period is paid leave of absence from work granted to employees who have been ordered to active military duty as a result of the terrorist attacks in the United States on September 11, 2001. Eliaibilitv: Employees who are members of the reserve corps of the Armed Forces of the United States or the National Guard or the Naval Militia who have been ordered to active military duty as a result of the terrorist attacks on the United States on September 11, 2001 are eligible for paid military leave. Employees shall not be eligible for this paid leave for the 30 days that they receive paid military leave pursuant to existing MOUs, City Policy and the California Military and Veterans Code. Duration: This leave is provided as temporary relieffrom financial hardship due to loss of pay and benefits for employees on active duty as a result of the aforementioned terrorist attacks. This leave shall commence on the date which California Military and Veterans Code benefits are exhausted. This paid leave shall cease on the date the employee is officially released from active duty as a result of Operation Enduring Freedom and other Presidential call-ups of the Reserves for active military duty. 3-2 ., ? ITEM J MEETING DATE 8/17/04 Calculation of ComDensation The amount of this paid leave shall be equal to the employee's normal bi-weekly gross pay (excluding any overtime pay) offset by the account of gross military pay for such duty, including all military allowances paid to the employee. Employees will continue to receive full benefits for that period including vacation and sick leave. Condition of Pavment: Payments authorized under this policy shall be conditioned upon compliance with procedures established by the Finance and Human Resources Directors. FISCAL IMPACT: It is not possible to forecast how many individuals will be called as a result of this conflict or the resulting impact. 3-3' ~ "' ____._u..~__________._ RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MILITARY LEAVE POLICY FOR ALL CLASSIFIED AND UNCLASSIFIED EMPLOYEES TO COVER ANY PERlOD DURlNG WHICH A CITY EMPLOYEE IS CALLED AND SERVES IN AN ACTIVE MILITARY STATUS FOR THE DURATION OF OPERATION ENDURING FREEDOM AND OTHER PRESIDENTIAL CALL-UPS OF THE RESERVES FOR ACTIVE MILITARY DUTY WHEREAS, on September 14, 2001, President Bush signed an order authorizing the military to cal1 up 50,000 military reservist in the aftermath of the terrorist attacks; and WHEREAS, on October 9, 2001, the City Council approved a temporary Military Leave Policy to insure that City employees who are called to active duty maintain their current level of pay and benefits; and WHEREAS, this leave provided temporary relief from financial hardship due to loss of pay and benefits for employees on active military duty as a result of the terrorist attacks. This paid leave commences on the date which California Military and Veterans Code benefits are exhausted and ceases on the date the employee is officially released from active military duty; and WHEREAS, the previous council resolution authorizing this military leave policy expired on December 31, 2003; and WHEREAS, public employers in California must comply with both state and federal law for employees who serve in the military. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby extend the previously adopted Military Leave Policy for all classified and unclassified employees. The extension covers any period during which a City employee is called and serves in an active military status for the duration of Operation Enduring Freedom and any other Presidential cal1-ups of the Reserves for active military duty and is retroactive to December 31,2003. Presented by Approved as to form by Marcia Raskin ~=~~ Director of Human Resources City Attorney J:\AttomeylRESOlMilitary Leave 2004 doc I 3-Lf COUNCil AGENDA STATEMENT Item No Lf Meeting Date 8/17/04 ITEM TITLE: RESOLUTION AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKVVAY ON SEPTEMBER 11 AND 12,2004, FOR THE ORANGE CRATE DERBY SUBMITTED BY: Chief of Police ~fð~ Director of Human Resources k REVIEWED BY: City Managerqt-o.... (4/5ths Vote: Yes_ No X ) The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club is requesting permission for temporary street closure on Rancho Del Rey Parkway on September 11 and 12, 2004 to conduct their 25th Annual Orange Crate Derby. RECOMMENDATION: That Council approve the resolution and authorize conditional temporary closure of a portion of Rancho Del Rey Parkway on September 11 and 12, 2004 for the Orange Crate Derby, subject to staff conditions as stated in this report. BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Bonita Orange Crate Derby Committee is requesting permission to conduct the 25th Annual Orange Crate Derby on Saturday and Sunday, September 11 and 12, 2004. The event would be conducted on the west section of Rancho Del Rey Parkway, between Terra Nova Drive to the north, and Del Rey Boulevard to the south. Both Terra Nova Drive and Del Rey Boulevard, as well as all other sections of Rancho Del Rey Parkway, would remain open to traffic at all times. Diagrams of the event are attached (Attachment "A" and "B"). This is a two day event with street closed to all traffic from 6:00 AM Saturday, until 6:00 PM Sunday. The sponsor expects that approximately 150-200 youngsters, ages 7 to 13 years old, "driving" 75 separate derby cars, would be involved in the double elimination competition during the two day event. The derby cars are built by families, according to specifications provided by the sponsor. Each car is equipped with a steering wheel (steering capacity is limited to avoid "over-steering" by young drivers) and a friction-drag braking device. Each car is inspected to verify that safety equipment is in working order, and drivers are required to wear helmets, long pants, and sturdy shoes. 4 -I Page 2, Item tJ--. Meeting Date 8/11/04 The race course is approximately 1,000 feet in length, with no curves or turns. The entire course is separated with traffic safety cones. The use of cones serves two purpose; they delineate lanes, and also act as brakes if cars accidentally run over them. The run-out area below the finish line is also lined with traffic cones. Only two cars are permitted on the course at anyone time. Spectator areas are designated and separated from the course by flag lines. The sponsor would be required to provide insurance, portable toilets, appropriate trash containers and trash control, necessary traffic barricades, cones, and directional signs, and overnight security (most cars will remain at the event site overnight). The event has been conducted in the Rancho Del Rey area for the past nine years. No significant problems with this event have been noted. The event would have very little impact on residents in the area, since all residential areas are fully accessible by alternate streets, and there are no homes on the race route. Approval of the request will be subject to the following conditions: 1. The sponsor shall submit proof of insurance in the form of a Certificate of Insurance for $2 million Commercial General liability insurance, or equivalent form, with a policy endorsement naming the City as additional insured, making their insurance primary with respect to the City's insurance and providing notification of cancellation. 2. Provide a letter acceptable to the City Attorney from the sponsors in which they agree: (1 ) Not to sue the City, its agents and employees from any act arising from the Orange Crate Derby; or (2) To defend, indemnify, release, protect and hold harmless, the City, its agents and employees from any and all liability arising from the Orange Crate Derby, excluding only that liability which may arise from the sole negligence or sole willful conduct of the City. 3. The sponsor shall provide, at their own expense, all necessary supplies and services required to safely conduct the event, including portable toilets, trash receptacles, trash control, crowd control, traffic control and traffic control equipment, signs and security. Any services provided by the City before, during, or after the event will be reimbursed at the full cost recovery rate by the sponsor. Lf-z Page 3, Item £/- Meeting Date 8/17/04 4. Sponsor shall provide a fully refundable $250 cleaning/damage deposit. 5. Sponsor shall post applicable street closure signs at least 48 hours in advance of the event. 6. All event participants shall be required to sign liability waivers approved by the City Attorney as to form. These waivers must indicate that the City of Chula Vista will be indemnified and held harmless. 7. The sponsor shall provide adequate supervision of event spectators and participants to prevent damage to City property and landscaping. 8. The sponsor shall provide adequate and sufficient street barricades and supervision to insure that no vehicles are permitted into the event area throughout the duration of the event, including the overnight period. 9. Sponsors shall notify area residents that the event is being held 48 hours prior to the event. FISCAL IMPACT: There is no fiscal impact to the City. The event sponsors will be responsible for all event costs. However, any services provided by the City before, during, or after the event will be fully reimbursed by the sponsor. Attachments: "A" - General Site Plan "B" - Detail Site Plan Lf-3 ATTACHMENT A - -. .- CD CD .... .... - \. \. , "' ...... u ~ .. . ..' .- .~~ -- .... . .:... ..' ~. .- - - .-- . -. .' ..;. ., "" co è J: (~ a.. « V~ )Þ?iHOJ \3~ I ..- .. CI C!) ... ......- ... -. - - , I ~. - .... '" CD saew 'SC/5' søwoLl.L L66~ ~ ..-n- I J , I .tS.~L_ .Lð\.o.t1L"Lt"L'I",1° ,þ - . - -- - . D E TA I L .. " - . -- - lNJ - EAST 'H" .' 4-§ .s-5' - ---- -- ------ -- RESOLUTION NO.2004- RESOLUTION OF THE CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER 11 AND 12, 2004, FOR THE ORANGE CRATE DERBY WHEREAS, the Bonita Orange Crate Derby committee of the Bonita Valley Lions Club is requesting permission for a temporary street closure on Rancho Del Rey Parkway on September 11 and 12, 2004 to conduct their 25th Orange Crate Derby; and WHEREAS, the sponsors shall submit proof of insurance in the form of a Certificate of Insurance and Police Endorsement for $2 million Commercial General liability insurance, or equivalent form, acceptable to the City, with a policy endorsement naming the City as additional insured, making their insurance primary with respect to the City's insurance and providing notification of cancellation; and WHEREAS, the sponsors shall provide a letter acceptable to the City Attorney in which they agree to defend, indemnify, release, protect and hold harmless, the City, its agents and employees from any and all liability arising from the Orange Crate Derby, excluding only that liability which may arise from the sole negligence or sole willful conduct of the City; and WHEREAS, the sponsors shall provide, at their own expense, all necessary supplies and services required to safely conduct the event, including portable toilets, trash receptacles, trash control, crowd control, traffic control and traffic control equipment, signs, and security; and WHEREAS, the sponsor shall develop and implement a solid waste management plan approved by the Conservation Program to prevent litter, provide recycling, and disposal throughout the affected area during the event including arrangements for professional street sweeping immediately following the event; and WHEREAS, the sponsors shall provide a fully refundable $250 cleaning/damage deposit; and WHEREAS, the sponsors shall post applicable street closure signs at least 48 hours in advance of the event; and WHEREAS, all event participants shall be required to sign liability waivers approved by the City Attorney as to form. These waivers must indicate that the City of Chula Vista will be indemnified and held harmless; and 4-b Resolution no. Page 2 WHEREAS, the sponsors shall provide adequate supervision of event spectators and participants to prevent damage to City property and landscaping; and WHEREAS, the sponsors shall provide adequate and sufficient street barricades and supervision to insure that no vehicles are permitted into the event area throughout the duration of the event, including the overnight period; and WHEREAS, the sponsors shall notify area residents that the event is being held 48 hours prior to the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby authorizes temporary closure of Rancho Del Rey Parkway on September 11 and 12, 2004 for the Orange Crate Derby subject to conditions as noted above. Presented by Approved as to form by f1~ Richard P. Emerson Ann M~ fe-- Police Chief City Attorney 4-7 COUNCIL AGENDA STATEMENT ./ Item No Ö Meeting Date 8/17/04 ITEM TITLE: Resolution Approving requests from Bonita Business and Professional Association to conduct the Bonitafest and Bonitafest pa~ Saturday, September 25, 2004. SUBMITTED BY: Chief of Polic ..¡)6 ~ Director of Human Resources . Ct:- "' REVIEWED BY: City Managerl"í>1 (4/5ths Vote: Yes_ No 2ll The Bonitafest Committee and its sponsoring organization, the Bonita Business and Professional Association (BBPA), is requesting permission to conduct the 32nd Annual Bonitafest on Saturday, September 25, 2004 (Attachment A). RECOMMENDATION: That Council adopt the resolution approving a temporary closure of Bonita Road subject to staff conditions. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable DISCUSSION: The Bonita Business and Professional Association (BBPA) is sponsoring the 32nd Annual Bonitafest event on Saturday, September 25, 2004. They are also requesting a temporary street closure of Bonita Road to stage the parade. The street closure would involve Bonita Road between Willow Street and Central Avenue. Both Willow Street and Central Avenue will remain open at all times during the closure. Streets intersecting Bonita Road between these points would also be affected during the parade. The parade is scheduled to take place between 10:00 AM and 12:00 PM; the street closure would be in effect from approximately 8:00 AM and 5:00 PM. A diagram of the area is attached (Attachment B). The parade will consist of marching units, marching bands, floats, and other motor driven units, as well as equestrian units. All horses will be ridden by their owners. Streamers, balloons and noise making devices will not be permitted along the parade route. The route will be marshaled by sponsor volunteers and the police. The street closures would have an impact on City bus service in the area. Transit has agreed to cancel and re-route bus service in the area during the parade. Transit has agreed to erect signs advising of interrupted service. S-~I __ _.___ - - .' _'_._,...__.n Item No ~5 Meeting 8/17/04 Staff approval is recommended subject to the following conditions: 1. Prior to the event, both the BBPA (the Bonitafest sponsor) and Rotary District 5340 (sponsor of the parade) provide evidence, acceptable to the City, of insurance for their respective sponsorships in the form of a Certificate of Insurance and Policy Endorsement in the amount of $5 million naming the City of Chula Vista as additional insured, and their insurance as primary. 2. Provide adequate traffic control equipment and "no parking" signs as specified by the Chula Vista Police Department. This would include provision of adequate signage, barricades, and traffic control equipment as specified by the County of San Diego and the Sheriffs Department. 3. Provide adequate Police coverage at the event as determined by the Chula Vista Police Department through coordination with the Chula Vista Police Department and the County of San Diego. 4. Return all City-owned property to pre-use condition including arrangements for professional street sweeping and adequate trash control and disposal throughout the affected area within twenty-four (24) hours after the event. 5. Provide a letter acceptable to the City Attorney from the BBPA in which the BBPA agrees: (1 ) Not to sue the City, its agents and employees for any act arising from Bonitafest; and (2) To defend, indemnify, release, protect and hold harmless, the City, its agents and employees from any and all liability arising from Bonitafest, excluding only that liability which may arise from the sole negligence or sole willful conduct of the City. FISCAL IMPACT: The Bonita Business Professional Association would be responsible for all additional costs incurred in conducting the parade including provisions for traffic safety equipment, street sweeping services, solid waste, recycling and litter abatement services, and other related and required services and supplies. No additional fiscal impact is anticipated. Attachment: "A" - Letter from BBPA "B" - Parade Route s-- 2- ;ENT BY: BONITA PUBLIC SAFETY CENTER' 6194725641; AUG-3·04 !i:13PM; PME 4/4 , ~ " , ~ ~ ATTACHMENT A BONITAFEST. ~ i Celebrating Community Every September Ë' ~ ~ a ~. · :.\: ."J.: August 3, 2004 ~ ~: :t. · ~ ~ ;~ ,,;. >. "; .~ City of Chula Vista f: ,~ " Office of the City Attorney ì .. 2764111 Avenue ~ Chula Vista, CA 91910 < ;: · ArtII & fa'\8 " ,. ~ SUBJECT: 32nd Annual Bonitafest ~ I FoUowing last year's request from chuik Pugsley, Special Events Coordinator tor the City of Chula Vistals Police Departraent for ar acceptable letter of agreement for Boniirl'est, we arc oflering the same agreement this year as tòllowt · I'Qod t 1) BBPA agrees not to sue the Ci~ ofChula Vista, it's agcnt~ and employees fOT any act aris'g from Bonitafe;lt; and ~. , ,~~ 2) to defend, indemnify, release, ;t:ect and hold harmless th~ City ofChula Vista, it's agents _ d employees fiom any &r.d all liability arising from Boni~st. excluding only that lia\,ility which may arise from the negl1ence or willful conduct frcm Inlertallllelt the City ofChula Vista, iI's ag ~ ts or employee~. ! , .~ -Æx~,ê~ , . J Patricia R. Dolan, Executive Dþctor ~; ~ " GtIl ToI....llent " ~ ';. I ~ ~ , " ,. ~ t , ,. §, 53 ~ ~. 1II~ledralla ~ ~ Spoasored by Lbe Bonita BusIness and I'ror+hlnal Aø8oclatlOB Poet 0IIke IIœ 284 . Bulllla. CA "908 _....______ _...u. ....._........""'.I~ , T BY: BONITA PUBLIC SAFETY CENTER; 6194725641; AUG-3-04 !;:13PM; PME 3/4 ~ ~, ~ " , ~ ATTACHMENT A ~ , ª August 3, 2004 ~ 1 :.: ,. Hi Patricia; t ~ ! ~ ~ There are some updates since the letter I sent to Office~Chuck Pugsley :0 April asUng for permission and assistance with Bonitafest '04. ~ , < They are the following; i ~ 1) Parade will be from 10-12 as in the past yeaÞ· 2) The "Music Review" stage will be 011 A11en!jSchool Road facing Bonita Road across from Shields Realty, n~ <lIthe Church of the Good Shepherd on Bonita Road at Willow. This ~as been approved by the BOnita-SlDUlyside Fire Dept and Chula fista Fire Department. We will be délivering notices to residentsæ' hhat area. 3) Ground breaking took placduly 21" at the' lot for the new library and museum with an expected opening da of September 2Ci05. This will not be a "line-up" area for parade units~ver again. 4) Bonita Optimist BBQ will be from 5pm-10tm at the Bonita Golf Club 5) Insurance of certificate was faxed to StephEiþie Kingston fron Hoffma:, Hanono Insurance Services, several montMjago. , ¡~ , Because the police department is requesting the two ~tbound lanes of Bonita Read be closed after the parade is over until Spm, for safety isst'.es. We have seDt a letter U> Dave Rowlands asking for transportation department crew t set-up traffic cones after the last parade wtit to assist the police department in closing t road, and that ::ees be wai vecl, we have had no response. Chuck Pugsley suggested tij¡.s procedure would work b~st and would discuss this with the head of the traffic division~ ~ Hope all of this infonn.ation helps and we would like t~ hear from you with the C'éy Council's vote for our annual event. We will be begin4ing our advertising carnpaiv,.!1 soon and as in the past, the city ofChula Vista's logn will a~pear in the new,lpapers alC'.'lg with our other sponsors. ! ~ ~~ I ?i ~ ¡; $. ~ ~i .~ , ~~ ~ - L/ ~ S.. 1: - .,: '- ~~ ¡ ,ENT BY: BONITA PUBLIC SAI'ETY CENTER' B194725e41j AUG-3-04 !;:12PM; PtGE 2/4 , " ~ ~ :::; Þ ATTACHMENT A · ! , ~ · ~~ 1;, " 1.' ~ , · ~: i ;, April 14, 2004 ~ t " *' ~ ; ,. Officer Chuck Pugsley, Special ~vents City ofChula Vista Police Dep~ent ~¡5 ~Fourth Avenue : ~ Chula Vista, CA 91910 ~ ,1(. ,. · Dear Chuck; w " "'" _Iw .... mi" '"'" J",~y '" pi", "" 32nd Annual ßonitafest that is heduled for Sabmiay, Sept:mber 25111 this year from 9-5. We wil,' be using the slogan, "Fun ~aJore in 2004." ~ ~ We are asking for your pennisin and assistanc'¡ this year As in the past, we anticipate your ap , val and co-sponsorship again this year; waiving fees for Police stce for the para;ie and crowd control, and waiving business r ense fees for tht: day. The Seninr Volunteers Patrol will cruise :tind !he shoppin~ centers, especially the Von's Centre. B . ths will be open from 9-5. The Parade is scheduled to start at It and end appro:dmately n:,on, depending on number of units. þe teen stage will be in the parking lot of the Church ofth~Good Shepherd. The dirt !qt across from V ons will not be usÌ=d. ground brealdng shoulc. take place in June and it will ~der construction. PancaLe breakfast will take pllice at All School by thei:' Parent's Club. Plans are just beginning fortheþtum of the Bonitafest BE'~, the location has not been decid+!. , ~. . Please join us at our BonitJl.festbeetíngs that aT,: the first ~,[onday of the month. Next one is AprJ 26"', 6pm at the Bonita Golf I Club, hope to see you there. I ~derstand there ,Ire plans f;r a portion of Bonita Road 10 be ~losed on Bonita::est day. ~ , The Certíticate of Insurance mil come from Hoffman Han, .no Insurance Services after April then our policy is renewedmd il will be mailed to the city's Rid Manager/Stephmie Kings'on.. since~ ~' ~ ~ ~- ~i ~ I ~ ç :9 'J' Ä " , ,. ./-. ~ . -. .. \ w ~ => o a: w o < a: < c.. ':: (/') w ~ ~ I w'-" \ -"A'! ··~r·· \ ~ ..~__-- ' _. L...' /u.! t-~. ...... r \ . ù \ " . - _...~ . .......r .- Z I . u.!" \. ' ", .,? ) _ \ '. 0 I . 0 ,. 't-. . , ~ \ ,I't'\ ¡ , , tit ". . ... \ , '\ .~.. \ 7 "eo" .~ ~ " '4 -'" .~: ~ ~, ~ ; r 1. .~.. \¡ o ~ 'f./) ... :r u -Ë - . _ 1=<:1:. --.. ..-.... .. ..-' .---- C'· . .---... .: , . . \ "'~ì.' .' - ; - .> _ '. cri - \ ~ ..- .. . .' >. , ~ , ~.~ - _ i " .. . ,. ... o - J __ - ..._-~ . I, _, . ~/'\ '-'"' RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUEST FROM BONITA BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT BONITAFEST AND BONITAFEST PARADE WHEREAS, the Bonita business and Professional Association (BBPA) will be conducting the Bonitafest event on Saturday, September 25, 2004; and WHEREAS, street closure would involve Bonita Road between Willow Street and Central Avenue. Both Willow Street and Central Avenue will remain open at all times during the closure. Streets intersecting Bonita Road between these points would also be affected during the parade. The parade is scheduled to take place between 10:00 AM and 12:00 PM; the street closure would be in effect from approximately 8:00 AM and 5:00 PM.; and WHEREAS, the Bonita Business and Professional Association will provide evidence of insurance in the form of a Certificate of insurance and policy endorsement, acceptable to the City, in the amount of $5 million dollars naming the City of Chula Vista as additional insured, and their insurance company as primary; and WHEREAS, the Bonita Business and Professional Association will provide adequate traffic control equipment and "no parking" signs as specified by the Chula Vista Police Department. This would include provision of adequate signage, barricades, and traffic control equipment as specified by the County of San Diego and the Sheriff's Department on the portion of Allen School Road outside the city limits; and WHEREAS, the Bonita Business and Professional Association will provide adequate police coverage at the event as determined by the Chula Vista Police Department through coordination with the Chula Vista Police Department and the San Diego County Sheriffs Department; and WHEREAS, all City-owned property will be returned to pre-use condition; and WHEREAS, the sponsor shall deveiop and implement a solid waste management plan approved by the Conservation Program to prevent litter, provide recycling, and disposal throughout the affected area during the event including arrangements for professional street sweeping immediately following the event; and WHEREAS, a letter of acceptance shall be provided to the City Attorney from the BBPA in which BBPA agrees to not sue the City, its agents and employees for any act arising from Bonitafest; and to defend, indemnify, release, protect and hold harmless, the City, its agents and employees from any and all liability arising from the Bonitafest, excluding only that liability which may arise from the sole negligence or sole willful conduct of the City. 5-1 _ __ ____"_·_______·___.._.__·o__·.·...._·..--.___.. NOW, THEREFORE, BE IT RESOLVED that the City council of the City of Chula Vista does hereby approve the request from the BBPA to conduct the Bonitafest and Bonitafest parade on Saturday, September 25, 2004, subject to staffing conditions. Presented by Approved as to form by l/~bUJ~h Richard P. Emerson Ann Moore v" Chief of Police City Attorney s-g COUNCIL AGENDA STATEMENT Item: ((I Meeting Date: 8/17/2004 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2005 CAPITAL IMPROVEMENT BUDGET AND APPROPRIATING $120,840 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $31,340 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO UPGRADE THE CITY OF CHULA VISTA'S PRIMARY EMERGENCY OPERATIONS CENTER (EOC) AND ESTABLISH A SECOND EOC SUBMITTED BY: Fire Chie(D"'~ ~~ REVIEWED BY: City Manager· r! 9\ (4I5ths Vote: Yes X No -> The City of Chula Vista Emergency Response Plan requires that an Emergency Operations Center (EOC) be available to make sure critical operations are maintained in the event of a natural or human-made disaster. Staff is recommending upgrade of the primary EOC located at 4th and Davidson (in the old Police building) and establishment of a second EOC at the Public Works Center located at 1800 Maxwell. RECOMMENDATION: That the City Council amend the FY 2005 Capital Improvement Budget and appropriate $120,840 from the available balance of the General Fund and $31,340 from the Public Facilities Development Impact Fund to upgrade the City of Chula Vista's primary Emergency Operations Center (EOC) and establish a second EOC. BOARDSICOMMISSIONS RECOMMENDATION: N/A b,1 ^~--,._--"_..._--_._"~-_.__._-_.- DISCUSSION: Currently, the City has an Emergency Operations Center (EOC) located at 4th and Davidson in the basement of the old police building. Staff is recommending upgrade of the existing EOC to ensure continuity of governance in an emergency situation. The existing site was used as a joint facility by the Police Department and recently became vacant when Police staff moved to their new building. Since then improvements have been made to the old police building as part of the Civic Center project to accommodate staff from the City Administration building; however, no upgrades have been made to the EOC. The existing EOC electrical wiring and air conditioning is in need of upgrade to ensure that the center will operate on emergency power for at least 14 days in the event of a disaster. Staff is also recommending upgrade of computers, printers, telephones, cellular antennas and other communication equipment. The recommended upgrades are new modifications required to improve the functionality of the existing EOC. The proposed improvements are estimated to cost $58,744 plus a 10% contingency of $5,874 for a total cost of $64,618. This estimate does not include the cost for computer replacement. No appropriation is necessary for replacement of computers in the EOC. A total of $31,340 (48.5%) of the primary EOC's cost is eligible to be paid for from the Public Facility Development Impact Fund. The computers will continue to be replaced by using a step-down approach. Annually the Management Information Services Department replaces computers using the Technology Replacement Fund. Computers in good condition are step-down and utilized where needed. Using this approach guarantees the ongoing replacement of EOC computers and will result in a savings of $15,300. This facility will serve as the interim primary EOC for the City until the old Police building is remodeled to its final use. At that time, the second EOC (discussed below) will become the primary interim EOC until construction of Fire Station 1 is completed. Establishment of New EOC Due to the City's geographic layout, a second EOC site is recommended to be established east of the 805 at the Public Works Center located at 1800 Maxwell Road. This would enhance the City's ability to support field operations on the east side of the City in the event of an emergency situation. Additionally, the second EOC will serve as the interim primary EOC when the final phase of the Civic Center project is completed. Fire Station 1 includes a permanent primary EOC and is projected to be built by FY2008-09. The recommendation is consistent with the City's Emergency Response Plan, which requires that an EOC be available to ensure the continuity of governance in an emergency situation. After evaluating numerous sites staff is (;, 2- recommending use of the existing Public Works Facility located at 1800 Maxwell Road. Staff is recommending the lunchroom be used as a central command module. The room will accommodate the number of staff required to operate an EOC and can be easily retrofit to operate as a EOC in an emergency situation. Establishment of an EOC at 1800 Maxwell is estimated to cost $79,601. This facility will need to be modified to include an emergency power source, which is non-existent. Additionally, communication equipment will need to be purchased. Computers will be replaced using a step-down approach as described above. Using this approach guarantees the ongoing replacement of EOC computers and will result in a savings of $15,300. Continqencv Consistent with projects of this nature, staff is recommending a 10% contingency of $13,835 be appropriated. The total cost of the project including the contingency is $152,180. Onqoinq Maintenance Monthly all EOC equipment will be tested and an inventory of all materials and supplies conducted at each location. Additionally each location will be activated at least once per year to ensure functionality and refresher training will be provided on an as needed and requested basis. FISCAL IMPACT: Approval of this agenda statement will increase the City's readiness to respond to disasters. The total cost for this project is $152,180 of which $31,340 will be paid for from the Public Facilities Development Impact Fund. The net cost to the General Fund is $120,840. Computers will be replaced using a step-down approach and the Technology Replacement Fund on an as needed basis. This will result in an estimated savings of $30,600, which is not included in the proposed appropriation. Summary EOC Location Cost 4th and Davidson $ 58,744 1800 Maxwell Road $ 79,601 10% Contingency $ 13.835 Project total $152,180 Public Facility DIF $ 31 340 Net General Fund :Þ120,840 /p -'-3 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2005 CAPITAL IMPROVEMENT BUDGET AND APPROPRIATING $120,840 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $31,340 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO UPGRADE THE CITY OF CHULA VISTA'S PRIMARY EMERGENCY OPERATIONS CENTER (EOC) AND ESTABLISH A SECOND EOC WHEREAS, The City of Chula Vista Emergency Response Plan requires that an Emergency Operations Center (EOC) be available to make sure critical operations are maintained in the event of a natural or human-made disaster; and, WHEREAS, Staff is recommending upgrade of the primary EOC located at 4th and Davidson (in the old Police building) and establishment of an alternative EOC at the Public Works Center located at 1800 Maxwell; and, WHEREAS, The recommended upgrade will improve the functionality of the existing EOC; and, WHEREAS, This facility will serve as the primary EOC for the City until the old Police building is remodeled to it's final use; and, WHEREAS, The preliminary plans for construction of Fire Station I includes an EOC and is projected to be built by FY2008-09; and, WHEREAS, a second EOC site is recommended to be established on the eastside of the 805 split at the Public Works Center located at 1800 Maxwell Road Due to the City's geographic layout; and, WHEREAS, This would enhance the City's ability to support field operations on the east side of the City in the event of an emergency situation; and, WHEREAS, Consistent with projects of this nature, staff is recommending a 10% contingency of$13,835 be appropriated. WHEREAS, The total cost of the project including the contingency is $152,180 of which $31,340 (48.5%) of the primary EOC's cost will be paid for from the Public Facilities Development Impact Fund. !p ro/ - - ---~_..__.._..~ NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL DOES HEREBY AMEND THE FY 2005 CAPITAL IMPROVEMENT BUDGET AND APPROPRIATE $120,840 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $31,340 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO UPGRADE THE CITY OF CHULA VISTA'S PRIMARY EMERGENCY OPERATIONS CENTER (EOC) AND ESTABLISH A SECOND EOC. Presented by: Approved as to form by: Douglas A. Perry Fire Chief H:/shard/attorney/EOC reso ~5 COUNCIL AGENDA STATEMENT Item 1 Meeting Date 8/17/04 ITEM TITLE: Resolution Accepting bids and awarding a contract for construction of the Traffic Signal Installation at Fifth Avenue and Moss Street (TF-315), to AEC Grading & Paving a Joint Venture dba ACE Electric/ AEC Construction SUBMITTED BY: Director of General Services/City Engineer 6k REVIEWED BY: City Manager ~ fV (4/5ths Vote: Yes _ No...L) Installation ofa traffic signal at the subject intersection was approved and budgeted as part of the Capital Improvement Programs (CIP). The scope of the project includes the installation of fully actuated traffic signal system and other work necessary to complete the project. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: Not applicable. DISCUSSION: This intersection is at close proximity to the Sweetwater Union High School District Administration building and was ranked number two (2) on the 2002/2003 Traffic Signal Priority List. The scope of work is summarized in Attachment I. On July 7, 2004, bids were received ftom the following contractors: Contractor Bid Amount AEC Grading & Paving a Joint $137,515 Electric/ AEC Construction HMS Construction, $143,791 Lekos Electric, $151,102 The low bid, submitted by AEC Construction, is below the final engineer's estimate of$140,000 by $2,485 or less than 2%. ABC Construction is currently installing a traffic signal project in the City with satisfactory performance. Disclosure Statement: The Contractor's Disclosure Statement is provided as Attachment 2. Environmental Status: The work involved in these projects is categorically exempt under Section 15303 of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). 7- / - -----. -- - ------------......---....------ Page 2, Item 7 Meeting Date 8/17/04 :(;.o'c"',.,,.""";;;'c"';;...,,,.,"'""""'"",.,""''''"''''''''''",,,,,",,,,,,"o""'m""""'",""",,"'"'''''' """""",,,""=",,",,,"',",,,"'" '''o.'oru"..,"ru."",;.õr.'"'_~''''"'__."''_=''''','''""''''''''",,"".='~'O'"''~"'rn~".""",_._"""","","",·"'""'""""""'_'"''""'"''''_=''""'·~~_'"''''~~'''";¡ 'I FUNDS REQUIRED FOR CONSTRUCTION :1 , ' :1 A. Contract Amount (AEC Grading and Paving) $ 137,515 :i ,: :, 'i B. 10% Contingencies I $ 14,485 II ¡i C. Staff Costs; Desi~; Insp~ction $ 58,000 II ! -TOTAL·FUNDSIŒQUiRiij)FORCONSTRucTioN-----···--·-·--:-~,:¡:$---iiO;iiO()ll FUNDS AVAILABLE FOR CONSTRUCTION A. Traffic Signal Fund $ 210,000 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 210,000 FISCAL IMPACT: There is no impact to the General Fund for construction. Construction will be entirely funded from Traffic Signal funds. Attachments: I: Scope of Work Summary for projects TF -315 2: Contractor's Disclosure Statement j,IEngineerIAGENDAITF315AI 13,mlcm.doc 7-2 Attachment 1 Scope of Work Summary Projects TF-315, Furnish and Install: · New Traffic Signal Standards · Mast Arms · Signal Light Emitting Diode (LED) Indications · Wiring · Video Detection System · Conduits · Luminaries · Pull Boxes · Internally Illuminated Street Name Signs (IISNS) · Signal Controller and Cabinet · Meter Pedestal · Uninterruptible Power Supply (UPS) Unit · Signs · Striping · Emergency Vehicle Pre-Emption (EVPE) System · Traffic Control Other Work: · Grinding/Sandblasting and Resurfacing Pavement on Conflicting Striping and Legends · Removal and Salvage of Existing Street Light Mast Arms, Luminaires, Existing Signs · Protection, Restoration, Removal and Disposal of Existing Conflicting Improvements · Construction of all Appurtenances and other Miscellaneous Work Necessary to make the Traffic Signal Systems Complete and Operational. 7:;.; -...... ATTACHMENT Z CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contnòutions for a City of Chula Vista election must be filed. The following infonnation must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the app ·cation or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ~\...... 2. If any person" identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person" identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identifY every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Has any person" associated with this contract had any financial dealings with an official"" of the City of Chula Vista as it relates to this contract within the past 12 months? Yes_No.....¥- 7-'1 14 \\Citywide2000\home\Engineer\TRAFFICIACAD Dwgs\CIP PROJECTS\TF-315\TF-315SpecsFinal.doc If Yes, briefly descnèe the nature of the financial interest the official" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No J!1 Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City ofChula Vista in the past twelve (12) months? ~ includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No . .. If Yes, which official** and what was the nature of it ern provided? Date: 7lt-nlo'1 f I :-:fç FÇ -\r\,,,... 0> Print or type name of Contractor/Applicant * Person is defined as: any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members.. 7-6 15 IICitywide2000lhomelEng;neeTlTRAFFIClACAD DwgslCIP PROJECTSITF-315ITF-315SpecsFinal.doc RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AT FIFTH AVENUE AND MOSS STREET (TF-315) TO ABC GRADING & PAVING A JOINT VENTURE DBA ACE ELECTRIC/ABC CONSTRUCTION WHEREAS, on July 7, 2004 the Director of General Services received the following three bids for the construction of a traffic signal at Fifth Avenue and Moss Street (TF-315); and Coutractor Bid Amount ABC Grading & Paving a Joint Venture dba ACE $137,515 Electric/ABC Construction, Inc. (San Diego, CA) HMS Construction, Inc. (San Marcos, CA) $143,791 Lekos Electric, Inc. (El Caion, CA) $151,102 WHEREAS, the low bid, submitted by ACE Electric/ AEC Construction, Inc. is below the City Engineer's estimate of$140,000 by $2,485, or less than 2%; and WHEREAS, General Services staff checked the references provided by the contractor and all references were verified and their work has been deemed satisfactory; and WHEREAS, staff has reviewed the low bid and is recommending awarding the contract to ACE Electric/ABC Construction, Inc. of San Diego, California; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class I categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the bids and award the contract for construction of a traffic signal at Fifth Avenue and Moss Street (TF-315) to ABC Grading & Paving a Joint Venture dba ACE Electric/ABC Construction, Inc. in the amount of $13 7 ,515. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by ))~'7.~ . Jack Griffin Ann Moore Director of General Services City Attorney J:\attorney\reso\bids\Traffic Signal- Fifth & Moss.doc 7-0 . ".---"------ ----- COUNCIL AGENDA STATEMENT Item ~ Meeting Date 8/17/04 ITEM TITLE: Resolution Approving the Final Map of Chula Vista Tract No. 02-05, Otay Ranch Village 6 Unit I, Neighborhood R-9B; accepting the Sewer Access Easements offered thereon; approving the associated Subdivision Improvement Agreement for the completion of improvements; and approving a Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 02-05, Otay Ranch Village 6 Unit I, Neighborhood R-9B SUBMITTED BY: Director of General Services / City Engineer ~ REVIEWED BY: City Manager qtQ í" (4/5ths Vote: Yes_ No X ) On March 26, 2002 Council approved a Tentative Subdivision Map for Otay Ranch Village 6. Approval of the Final "B" Map and its associated Subdivision and Supplemental Subdivision Improvement Agreements, will allow the final map to record and the development of the proj ect to proceed. RECOMMENDATION: That Council adopt the resolution. BOARDS AND COMMISSIONS: Not applicable. DISCUSSION: Chula Vista Tract No. 02-05, Otay Ranch Village 6 Unit I, Neighborhood R-9B is a 12.585 acre condominium project generally located east of Magdalena Avenue. The project will consist of 255 attached and detached units. The Tentative Map for Village 6 was approved on March 26, 2002 (Resolution No. 2002-089). Final Map: The Final "B" Map has been reviewed by the City Engineer and the Director of Planning and found to be in substantial conformance with the approved Tentative Map. The developer, Otay Ranch VI-2, L.L.C., has already paid all applicable fees associated with the filing of a final map. Council approval of the Final Map will also constitute acceptance by the City of Sewer Access Easements. Associated Agreements: In addition to Final Map approval, staff recommends that Council approve the following agreements associated with the project: 1. Subdivision Improvement Agreement: Requires the Developer to complete the improvements required by said Subdivision. Security bonds have been provided, guaranteeing the completion of all improvements and monumentation required by the Municipal Code. 2-1 ------_._,-----~-,.._----- ,.',- Page 2, Item '6' Meeting Date 8/17/04 2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled conditions of the Tentative Map approved by Resolution No. 2002-089. These conditions will remain in effect until the developer and/or their successors(s) in interest satisfy them prior to the issuance of building permits or occupation of units. The above agreements have been reviewed by staff, and approved as to form by the City Attorney. FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees and other costs associated with the proposed Final Map and agreements. Attachments: Attachment I: Plat of Chula Vista Tract 02-05, Otay Ranch Village 6 Unit I, Neighborhood R-9B Attachment 2: Developer's Disclosure Statement Exhibit A: Subdivision Improvement Agreement Exhibit B: Supplemental Subdivision Improvement Agreement File No. OR939 J:IEngineerlLANDDEVtProjectslOtny Ranch Village 6\R-98 OR-9391fil1al MaplAl 13 V6 R-9B.doc <:2-2- ATIACHMENT _ I City of Chula Vista Disclosure Statement Pursuant to Council Policy 101-0 I, prior to any action upon matters that wiil require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ()\-<,... Kr~cJ\-g[--;}..... L LL fa,,-Ç: ~ lcò,,,-r c,'''I/'lU'''''-ke>; 2. If any person· identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. r<f\.,,> ~ IJ l J ( f'- 'Sr\-Cv^-e (bcJr} w > ^ AI ~U(AI/"" 3. If any person· identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. î1 1-1 . (,,"IA. ~t)( olr\ 5. Has any person· associated with this contract had any financial dealings with an official·· of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ Noþ E ;;;.> . -."" .. _.__.."-""'-----~-------_._- City of Chula Vista Disclosure Statement If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Nop Yes _ lfyes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official ** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No~ lfYes, which official** and what was the nature of item provided? Date: t-¡ (:J '/) '-I ~~(k ~ I Signature of Contractor/ ApplicÌÌÌ1t ;2ö.-- ~!;)~I,~~ Print or type name of Contractor/Applicant * Person is defined as: any individual, finn, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other c01mty, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. J:\Attorncy\fonns\disclosun: statement 3-6...(13 23Af ATIACHMENT 2 3AI~ SYANyQ - ¡ ¡ ~~ mm~mIJ~mIJ I I" I i~ I~ I~ ~~ ~~ ~~ i~ ~ __~.J.~YI\JJ' I\~ mIJ~ mIJ~ mIJ~ 1\ tómliIòJ 15', ~ ~~ \\'!~ ~ ~ \ 3-l,(13"'@~ , , ~ I am ~mIJ [][]J I , ~ ¡:¡ ~ , I , <:; ~ ~ \ \ ~~ ~~ ~ .~ _'(I V Ml 301Y"D - .!,s' [[TI m mLTI mLTI I:¡ .~ .~ " m t:¡) m -- I ....ct: i1~8 ~ <:<00 ~LUJ: lLJ >-~ð a --J <:[ '-' -------- ~l"" ;q: :5 en 2 V) ~ ' . "cJ", o ".J:C ,Ii ~ '-' ¡¡,,,, 'J: ---------=::::: s: ~ - ,.... Q.. UJ Cj, ~ ~ <: --J <=> ~ ð "' (J) , "' OJ L' Z-<=> ----- ----- 2-~ ------ - - -~ -~~---- -- RESOLUTION NO. 2004- RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE 6 UNIT I, NEIGHBORHOOD R-9B; ACCEPTING THE SEWER ACCESS EASEMENTS OFFERED THEREON; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 02-05, OTAY RANCH VILLAGE 6 UNIT I, NEIGHBORHOOD R-9B WHEREAS, the developer, Otay Project L.P. has submitted a final map for Otay Ranch Village 6, Neighborhood R-9B; and WHEREAS, the developer has executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2002-089. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain maps survey entitled Chula Vista Tract 02-05 OT A Y RANCH, VILLAGE SIX, NEIGHBORHOOD R-9B and more particularly described as follows: A subdivision of Lots 14, and 15 ofChula Vista Tract No. 02-05, Otay Ranch, VilIage 6 Unit I "A" Map No.1, in the City ofChula Vista, County of San Diego, State of California, accoraing to map thereof No. 14446, filed in the Office of the County Recorder of San Diego County, September 18, 2002. Gross Area: 12.585 Acres No. of Lots: 2 Numbered Lots: 2 Lettered Lots: 0 Public Open Space Lots: 0.386 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista sewer access easements for installation of public sewer, noting that use of said sewer access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED, the City Council of the City of Chula Vista does hereby approve certain Subdivision Improvement Agreement for Chula Vista Tract No. 02-05, Otay Ranch Village 6 Neighborhood R -9B for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk. 2-& _._----_.._-------~. BE IT RESOLVED, the City Council of the City ofChula Vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 02-05, Otay Ranch Village 6, Neighborhood R-9B, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon the easements as granted on Otay Ranch Village 6, Neighborhood R-9B map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove state. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED, that the Mayor of the City ofChula Vista is hereby authorized to execute said agreements for and on behalf of the City of Chula Vista. Presented by Approved as to form by Do.- 1 .~ - Jack Griffin Ann Moore Director of General Services City Attorney J:\Engineer\LANDDEV\Projects\OtayRanch Village 6 Unit 1\R·9B OR-939\finalMap\RESO R-9B.doc £-7 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL ~ '1,..J- Ann Moore City Attorney Dated: t-IÐ-ec..¡ Subdivision Improvement Agreement for Completion of improvements for Chula Vista Tract No. 02-05, Otay Ranch Village 6 Unit 1, Neighborhood R-9B 6-~ . ----~-----_..._--_...-------- Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue ChuIa Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency ofless than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of, 2004, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and, Otay Ranch VI-2, L.L.C., a Delaware Limited Liability Company, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City ofChuIa Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Otay Ranch Village 6 Unit I Neighborhood R-9B (CVT 02-05) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of ChuIa Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will -1- 2-1 ---.~.- install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2002-089, approved on the 26th day of March, 2002 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 03040-01 through 03040-17, and inclusive, on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of TWO HUNDRED NINETY FIVE THOUSAND FOUR HUNDRED TWENTY ONE DOLLARS AND NO CENTS ($295,421.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: I. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perfonn or cause to be done and perfonned, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perfonn said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such -2- 2 -I c) certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED FORTY SEVEN THOUSAND SEVEN HUNDRED TEN DOLLARS AND FIFTY CENTS ($147,710.50) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE HUNDRED FORTY SEVEN THOUSAND SEVEN HUNDRED TEN AND FIFTY CENTS ($147,710.50) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE THOUSAND DOLLARS AND NO CENTS ($3,000.00) to secure the installation of monuments, which secùrity is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 1 O. It is also expressly agreed and understood by the parties hereto that in no case will -3- J-II ^'------..-- the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that unti1.such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. -4- 5-/2.. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in hislher sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in hislher sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -5- 3-13 ------,- - --- -------------------.-------.---- SIGNATURE PAGE ONE OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE 6 UNIT I, NEIGHBORHOOD R-9B (CVT 02-05) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney -6- 2 -I 'f · SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE 6 UNIT 1, NEIGHBORHOOD R-9B (CVT 02-05) OTAY RANCH VI-2, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY By: By:--1t~^'ì ~lP---' Name: Name: ?tì~ ßC,L I (J ~..): "- (Attach Notary Acknowledgment) -7- 2-1£ --"-- ------_._----_._-~_._._~.__._----- CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~ - - - ~ > State of California , } ss. " County of "'t:;/l b\~:J Ò I OnJ£.\'-1 l".2"LDo'-i before me, \)OfMC¡ vy!,,« to¿ tó (ÒWI.), (k t""y ç;>,t¡{¿ I cite Name andl1Ue 01 OfIIcar (e.g., 'Janø Oo'e,Notary Public") personally appeared R",Vì 8..; lJ k)~tI1 , I Name(s)0' Signer(s} ~personallY known to me o proved to me on the basis of satisfactory evidence to be the person(;) whose name(S) @_ @ ~MMEMOWN subscribed to the within instrument and - CommIuIon. 1437120 acknowledged to me tha~SRe/tÞ&y executed I ¡ Noby N>Ic - CIIIfa.... the same in @/l>er/!fIeif ,authorized San et.go eoonv capacity(i&s), and that by ~/tReir " MvColml.~Aug31. signature{$) on the instrument the person(s), or I the entity upon behalf of which the person¡,.) acted, executed the instrument. , " , OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document litle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: . o Individual Top oftt1umb here o Corporate Officer - litle(s): o Partner - 0 limited 0 General o Attomey-In-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: ""' C 1999 Na"ooa! Notary AsscciaUoo' 9350 De SotoAve., P,O. 8oJ< 2402' Chatsworth, CA 91313-2402' www.natlonllnotary.org Prod. No. 59C? Reorder: Call Toll-Free 1-800-876-6827 JS!-/b LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $ 147.710.50 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $ 147.710.50 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $ 3000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:lEngineer\LANDDEV\ProjectsIOtay Ranch Village 6\R-9B OR-939\final MaplSlA For V6 R9B.doc -8- 5-·/7 -- ---~-_.._..._----,-~~ THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL .Df .'7,4- Ann Moore City Attorney Dated: 9- fo-o'1 Supplemental Subdivision Improvement Agreement for Completion of improvements for Chula Vista Tract No. 02-05, Otay Ranch Village 6 Unit 1, Neighborhood R-9B 2-/2 . - ---- - ------.-------..----..----- , I RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) ) No transfer tax is due as this is a ) conveyance to a public agency of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) Developer ) Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTA Y RANCH VILLAGE SIX UNIT I, NEIGHBORHOOD R-9B (Conditions: 1,2,3,4,5,8,10, 11, 12, 17, 19,20,24,25,48,53,60, 62,66,69,81,93,95,99,100,104,105,128,131,132,134,136, 142,154,155,156,157,158,165,170,174,179,180,181, 182, and 183 of Resolution No. 2002-089) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of ,2004, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, Otay Ranch VI-2, L.L.C., a Delaware Limited Liability Company ("Developers" or "Grantors"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of Otay Ranch Village 6, a master planned development. For purposes of this Agreement the term "project" shall also mean "Property". Developer has applied for a final map for the Property, more specifically known as Otay Ranch, Village Six Unit I, Neighborhood R-9B. I g -/'9 -. -~.._-,--"..~,...---- B. Otay Project L.P. conveyed title to Neighborhood R-9B to Otay Ranch VI-2, L.L.C., on May 5, 2004. C. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 02-05 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2002-089 ("Resolution") on March 26,2002, pursuant to which it has approved a Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, t=s and conditions herein contained to approve the final map of the property known as Otay Ranch, Village Six Unit I, Neighborhood R-9B as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. De>:eloper understands that subsequent final maps may be subject to the same security, t=s and conditions contained herein. F. ''Notice of Decision" means the Design Review Committee findings and conditions for case number DRC-03-50. G. The City has adopted an agreement for monitoring ofbuilding permits, Resolution No. 2003- 067 on April 15, 2003 ("Monitoring Agreement"), pursuant to which the number of building permits within the Tentative Subdivision Map is limited to construction ofSR125. H. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes of this Agreement, "Final Map" means the final map for Otay Ranch, Village Six Unit I, R-9B. 2. "Owner or Developer" means the person, persons or entity having a legal or an equitable. interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes Otay Ranch VI-2, L.L.C., a Delaware Limited Liability Company, and any and all owners of real property within the boundaries of the Property. 3. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded. 4. "PFFP" means the Otay Ranch Village Six SPA Plan Public Facilities Finance Plan adopted by Resolution No. 2002-022 as may be amended from time to time. 5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as may be amended from time to time. 2 2-w 6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. 7. "Village Six SPA" means the Village Six Sectional Planning Area Plan as adopted by the City Council on January 22, 2002 pursuant to Resolution No. 2002-022. 8. "'A' Map Agreement": means the SSIA for Village 6 Unit I 'A' Map No.1 approved by Resolution No. 2002-335 NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if 3 2 - 2-{ such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release ofIndividual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, i) at the close öf an individual homeowner's escrow, or ii)- conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof 2. Condition No.1 - (General Preliminary) In satisfaction of Condition No. I of the Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". 3. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the City ofChu1a Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chu1a Vista Design Manual; Design Review Committee, Notice of Decision DRC-03-50, Otay Ranch General Development Plan, Otay Ranch Overall Design Plan, adopted on March 14, 1995, Otay Ranch Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Second-Tier Environmental Impact Report (ErR 98-01); Otay Ranch Village Six Sectional Planning Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan; Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan; and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 4 8-22 4. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their t=s, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The Developer agrees to be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 5. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the Resolution, Developer agrees to indemnify, protect, defend and hold the City harmless :fi:om and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 6. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the Resolution, Developer agrees to comply with all applicable Village Six SPA conditions of approval, (pCM 99-15) as may be amended from time to time. 7. Condition No.8 - (General Preliminary). In satisfaction of Condition No.8 of the Resolution, a reserve fund program has been established by Resolution No. 18288 for the funding of the Fiscal Impact of New Development (F .I.N.D.) Model for the Otay Ranch Project. The Developer agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program. Pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), the Developer agrees to participate in the funding of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs in the Project and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. 8. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of the Resolution, the Developer agrees to comply with the t=s of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and Building. 9. Condition No. 11- (General Preliminary). In satisfaction of condition No. II of the Resolution, the Developer agrees that should any of these conditions conflict with the Olympic Parkway Financing and Construction Agreement approved by Council Resolution 19410, the Olympic Parkway Financing and Construction Agreement shall control 5 2-23 10. Condition No. 12 - (Environmental). In satisfaction of condition No. 12 of the Resolution, the Master Developer agrees to implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 98-01 (SCH#2001041033), the candidate CEQA Findings and Mitigation Monitoring and Reporting Program (Final EIR 98-01), and subsequent Addendum thereto, dated March 7, 2002. 11. Condition No. 17 - (Environmental). In satisfaction of condition No. 17 of the Resolution, the Developer agrees that simultaneously with conveyance of land to the Preserve Owuer/Manager (pOM) in fee title or by easement, the Developer agrees to cease all cattle grazing on the land to be conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. In addition, Developer agrees to comply with the requirements of the RMP, Phase One and Two, Range Management Plan to the satisfaction of the Director of Planning and Building. 12. Condition No. 19 and 20 - (Environmental). In satisfaction of condition No. 19 and No. 20 of the Resolution, the Applicant agrees to convey fee title, or upon the consent of the Preserve Owuer/Manager (pOM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the request of the POM for an amount ofland equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant agrees to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant further agrees to maintain and manage the offered conveyance property consistent with the Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance property. 13. Condition No. 24 - (Noise Barriers). In satisfaction of condition No. 24 of the Resolution, the Developer agrees that unless required noise barriers are constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Noise Technical Report for Otay Ranch Village Six, dated September 24,2001, unless earlier modified by agreement with the City ofChula Vista, CTV or its successor in interest, and Applicant. Developer acknowledges and agrees that all noise barrier design and construction adjacentto SR -125 shall be coordinated with the City of Chula Vista, CAL TRANS, and CTV or its successor in interest. Developer further acknowledges and agrees that the noise barrier design and construction adjacent to SR-125 may be modified should a subsequent acoustical study demonstrate to the satisfaction of the Director of Planning and Building that the applicable noise standards will be achieved by a modified design. 14. Condition No. 25 - (Good Faith Coordination). In satisfaction of condition No. 25 of the Resolution, the Developer agrees to make a good-faith effort to coordinate development and implementation of the Village Six SPA Plan Area with all other developers within Village Six 6 ¿? -21.f including phasing, grading, improvements and dedication of right-of-way. 15. Condition No. 48 - (public Facilities). In partial satisfaction of condition No. 48 of the Resolution, the Developer agrees to construct and secure in accordance with Section 18.16.220 of the Municipal Code, the required street improvements for Otay Lakes Road from East "H" Street to Telegraph Canyon Road. (The bonds descriptions and 'amounts are listed in Exhibit "B" attached.) 16. Condition No. 53 - (Fire Dept. Codes). In satisfaction of condition No. 53 of the resolution, the Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Developer agrees to provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of20 feet. c. Street signs installed to the satisfaction of the Department of Public Works Operations. Temporary street signs shall be subject to the approval of the Department of Public Works Operation and Fire Department. Locations and identification of temporary street signs shall be subject to review and approval by the Department of Public Works Operation and Fire Department. 17. Condition No. 60 - (fransit Facilities). In satisfaction of condition No; 60 of the Resolution, the Developer agrees to not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT System. 18. Condition No. 62 - (ADA). In satisfaction of condition No. 62 of the Resolution, the Developer agrees to construct sidewalks and construct pedestrian ramps on all walkways to meet "American with Disabilities Act" standards and 2001 California Building Code, Chapter II-A, Housing Accessibility as approved by the Director of Planning and Building Department. In the event the Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the standards and approvals contained herein, all such approvals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 19. Condition No. 66 - (private Facilities). In satisfaction of condition No. 66 of the Resolution, the Developer agrees to not insta1l privately owned water, reclaimed water, or other utilities crossing any public street. The installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: 7 g-25" _ ____.._.__._._.m..' ._.._._...____~_,_.,____ ~- a. The developer enters into an agreement with the City where the developer agrees to the following: i. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the developer whenever work is performed in the area; and, ¡ IV. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 20. Condition No. 69 - (Street Names). In satisfaction of condition No. 69 of the Resolution, Developer agrees to install permanent street name signs prior to the issuance of the first building permit for production homes for the Project. 21. Condition No. 81- (NPDES). In satisfaction of condition No. 81 of the Resolution, the Developer agrees to the following: a. That development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the NPDES regulations or requirements; b. To file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities; c. That the SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identifY funding mechanisms for post construction control measures; d. To comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including but not 8 8-2b limited to: mass grading, rough grading, cons1ruction of street and landscaping improvements, and construction of dwelling units; e. To design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer; f. That the San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development; and g. To comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non- structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 22. Condition No. 93 - (Grading and Drainage). In satisfaction of condition No. 93 of the Resolution, Developer agrees to the following: a. Comply with the requirements of the new Municipal Storm Water Permit (Order No. 2001-01) issued by the San Diego Regional Water Quality Control Board including revision of plans as necessary. b. Indemnify, and hold harmless the City, its elected and appointed officers and employees, rrom and against all fines, costs, and expenses arising out of non- compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Applicant, any agent or employee, subcontractors, or others. The applicant's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City. c. That the City Engineer may require incorporation of Standard Urban Storm Water Mitigation Plan (SUSMP) requirements during the implementation period preceding the adoption of the local SUSMP by the City, for all priority projects or phases of priority projects undergoing approval process, in accordance with Order No. 2001-01, NPDES No. CAS0108758 Municipal Permit as determined by the City Engineer. d. To not protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring ofNPDES facilities. This agreement to not protest 9 n 'J ô~-7 ___________.~__,_u_._,., shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. Such Developer obligation may be reassigned to a Master Homeowner's Association or other appropriate Maintenance District subject to the approval of the City Engineer. 23. Condition No. 95- (Sewer). In satisfaction of condition No. 95 of the Resolution, the Developer agrees to participate and shall thereafter participate in any necessary funding for implementing and updating the Poggi Canyon sewer trunk monitoring program, as determined by the City Engineer. 24. Condition No. 99 - (parks and Open Space). In satisfaction of condition No. 99 of the Resolution, the Developer agrees that the Village Six Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) aCres oflocal parks and related improvements per 1,000 residents. Local parks are comprised of community parks and neighborhood parks. The Project's Neighborhood Park portion of the local park requirement shall be satisfied through the provision of a 7.0 net-acre Neighborhood Park (P-I). The remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of General Services. 25. Condition No. 100 - (Community Parkland Obligation). In satisfaction of condition No. 100 of the Resolution, the Developer shall satisfy its community parkland obligation in a manner consistent with Chula Vista Municipal Code Chapter 17. The community parkland obligation will be included within a proposed community park to be located within a service radius of Village Six. The location of the community parkland obligation is subject to the approval of the Director of General Services. 26. Condition No. 104 - (Landscape Master Plan). In partial satisfaction of condition No. 104, upon request of the Director of General Services and hislher sole discretion, the Developer agrees to update the Project's Landscape Master Plan to conform to any substantial changes made subsequent to the initial approval of the Plan. 27. Condition No. 105 - (Landscape Master Plan). In partial satisfaction of condition No. 105 of the Resolution, the Developer agrees that all walls shall be constructed pursuant to EIR 98- o I and the Village Six SPA Plan. 28. Condition No. 128 - (MHOA Responsibilities). In partial satisfaction of condition No. 128 of the Resolution, future property owners shall be notified during escrow, by a document to be initialed by the owners, of the maintenance responsibilities of the MHOA and their estimated annual cost. Developer shall submit the document and obtain the approval of the City Engineer and Director of Planning and Building prior to distribution through escrow, which approval shall not be unreasonably withheld. 10 2-- 2.Z' 29. Condition No. 131- (Open space walls). In partial satisfaction of condition No. 131 of the Resolution, the Developer shall grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face-of- wall to beginning of slope. Said area shall be as approved by the City Engineer and the Director of Planning and Building. (Engineering, Planning and Building). 30. Condition No. 132 - (Walls adjoining open space). In satisfaction of condition No. 132 of the Resolution, the Developer agrees to ensure that all buyers of individual lots adjoining open space lots, containing walls maintained by the open space district, sign a statement, when purchasing their homes, stipulating that they are aware that the walls are on City or HOA property and that they shall not modify or supplement the wall or encroach onto the property. These restrictions shall also be incorporated in the CC&R's for all lots. 31. Condition No. 134 - (Maintenance District). In satisfaction of condition No. 134 of the Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 32. Condition No. 136 - (Assessmentslbonded indebtedness). In satisfaction of condition No. 136 of the Resolution, prior to City acceptance of any open space lots, the Developer shall demonstrate to the satisfaction of the City Engineer, that the assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel( s). 33. Condition No. 142 - (Sight Distance). In satisfaction of condition No. 142 of the Resolution, the Developer agrees to design landscape and irrigation plans such that street tree placement is not in conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. 34. Condition No. 154 - (GMOC). In satisfaction of condition No. 154 of the Resolution, the developer agrees to the following: a. That the City may withhold building permits for the Project if anyone of the following occurs: 1. Regional development threshold limits set by a Chula Vista traffic or transportation plans, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. Ü. Traffic volumes, levels of service, public utílities and/or services either exceed the adopted City threshold standards or fail to comply 11 --g - 2'1 .--.-----.-- with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the City Engineer. The Applicant agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Six SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers an Employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Applicant of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City ofChula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City ofChula Vista, the condition of such grant being that: i. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and 11. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television 12 2- -3D companies as same may have been, or may from time to time be, issued by the City of Chula Vista. d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 35. Condition No. 155- (Congestion Management & Regional Impact Fee Programs). In satisfaction of condition No. 155 of the Resolution, the Developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 36. Condition No. 156 - (previous Agreements). In satisfaction of condition No. 156 of the Resolution, the Developer agrees to comply with all previous agreements as they pertain to the tentative map, including the "A" map agreement recorded as San Diego County recorder document # 2002-0756899. 37. Condition No. 157 - (Street Sweeping). In satisfaction of condition No. 157 of the Resolution, the Developer agrees to cause street sweeping to commence immediately after the paving of the first street in the project has been completed, and the Developer agrees to continue sweeping until an entity such as a homeowner's sub-association assume responsibility. 38. Condition No. 158 - (Regional Impact Fee). In satisfaction of condition No. 158 of the Resolution, the Developer agrees to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. The Developer further agrees to not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. 39. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of the Resolution, the Developer agrees install all public facilities in accordance with the Village Six Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The applicant further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Said Chapter includes but is not limited to Threshold Standards (19.09.040) 13 8-3/ - ------...---..-."""------- Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.1 00). 40. Condition No. 170 - (Annual Report). In satisfaction of condition No. 170 of the Resolution, pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CYMe) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Developer agrees to complete the following: (I) Fund the preparation of an annual report monitoring the development of the community ofOtay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary faci1ities. 41 Condition No. 174 - (Adjoining Walls). In satisfaction of condition No. 174 of the Resolution, prior to Developer constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval of the Director of Planning and Building. Developer agrees to work together with other developers of Village Six to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls. 42. Condition No. 179 - (Compliance). In satisfaction of condition No. 179 of the Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 43. Condition No. 180 - (Fees). In satisfaction of condition No. 180 of the Resolution, the Developer agrees to pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim SR-125 impact fee. e. Poggi Canyon Sewer Basin DIF. f. Pedestrian Bridge fee. Pay the amount of said fees in effect at the time of issuance of building permits. 14 2-32- 44. Condition No. 181- (Compliance). In satisfaction of condition No. 181 of the Resolution, the Developer agrees to Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The developer agrees to be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 45. Condition No. 182- (Special Taxes and Assessments). In satisfaction of condition No. 182 of the Resolution, the Developer agrees to ensure that prospective purchasers sign a ''Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. The developer agrees to submit the disclosure form for approval by the City Engineer prior to Final Map approval. 46. Condition No. 183-- (Growth Management). In satisfaction of condition No. 183 of the Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). 47. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes partial or full satisfaction of Developer's obligation of Conditions: (1,2,3,4,5,8, 10, 11, 12,17,19,20,24,25,48,53,60,62,66,69,81,93,95,99, 100, 104,105,128, 131,132, 134,136, 142,154,155,156,157,158,165,170,174,179,180,181,182, and 183 of Resolution No. 2002- 089), Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other final maps for the Project, as may be appropriate. 48. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision Map, established by the Resolution and shall remain in compliance with and implement the t=s, conditions and provisions therein. 49. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the FiÍ1al Maps. 50. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire Village Six SPA project area, should the Developer be determined by the City to be in breach of any of the t=s of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for SPA One, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 51. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the "An Map Agreement unless 15 :;:- ~'"' --....,.1~ ------ - --- _._~.~_.._._,--,-------------_._-- specifically noted herein. This Agreement affinns and reflects the terms, conditions and provisions of the Monitoring Agreement, the "A" Map Agreement, and of the Tentative Map 02-05 conditions applicable specifically to the Final Maps for the Property. 52. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to eitherparty shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first- class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA. 91910 Attn: City Engineer Otay Ranch VI-2, L.L.C. 610 W. Ash St., Suite 1500 San Diego, CA 92101 Attn: Marc Lovato A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Assignability. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City manager 16 ~-a'i in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. g. Recitals; Exhibits. AD.y recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. h. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement orrescission 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. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] 17 2-3'5 - - -----------.-...- "-'_._~" [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX, UNIT 1 NEIGHBORHOOD R-9B] CITY OF CHULA VISTA Stephen C. Padilla Mayor Attest: Susan Bigelow City Clerk Approved as to Form: Ann Moore City Attorney [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 18 8-36 [PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SIX, UNIT lNEIGHBORHOOD R-9B] DEVELOPERS/OWNERS: Otay Ranch VI-2, L.L.C., a Delaware Limited Liability Company AUthori~lber . , By: ~'"'. . ·t~ DATED:~;)-- ( 0.....( , <ATTACH NOTARY ACKNOWLEDGMENTS) List of Exhibits ~-37 -- -.......-......-+-----.--------... CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~ - - - - - , I State of Califomla }ss. I ~n DlféJ6 -I County of -, On d ü_\ ({ 12, Lt'Ol~ before me, r\,"'- rì)Gt(~ 0 '8. :(" IJd:c( i¿!:Jt,,,-, ( 'Date Name a~d Title of Offlcsr (e.g., "Jane Doe, Notary P bllc') personally appeared RMI ß:¡,!Ck,Úì I Name(s)oISlgnØf(s} ~ersonaJlY known to me proved to me on the basis of satisfactory evidence to be the person (J) whose name(ß) @are @~~~ subscribed to the within instrument and _ eomrr....... .147120 acknowledged to me ~~""e/tIleY executed ~ NIle - ("11.1 nID the same in is her/tReir authorized san DIego CounIV capacity(jes), and that by @'b.9f/tReir MvComm.--.AugSI. signature(1) on the instrument the person~), or 1 the entity upon behalf of which the person(¡j I acted, executed the instrument. I SS my hand and official seal. .-J - s. ubll OPTIONAL Though the information below ís not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document litle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer I Signer's Name: . o Individual Top of thumb here o Corporate Officer -litle(s): o Partner - 0 limited 0 General o Attomey-In-Fact o Trustee o Guardian or Conservator o Other: Signer Is Representing: , c 1999 Nalional NotaIy Assoclallon . 9350 De Solo Ave., P.O. Bo( 2402· Chabworth, CA 91313-2402' www.natlonalnotary.org P1'Od.No.5907 R90rdør:CalIToII-Ff'881.aao-a76-6827 6-32' Exhibit A Legal Description of Property Exhibit B Performance Bonds 2~37 ______._..__.. - ......u.________._ EXHIBIT A LEGAL DESCRIPTIONS NEIGHBORHOOD R-9B Lots 14, and 15 according to map thereof No. 14446, Chula Vista Tract No. 02-05 Otay Ranch, Village Six "A" Map Unit I, Map No. I in the City ofChula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on September 18, 2002. S-1.jD EXHIBIT "B" CHULA VISTA TRACT NO. 02-05 OTAY RANCH, VILLAGE SIX UNIT 1, NEIGHBORHOODS R-9B BOND BOND AMOUNT BOND NUMBER DRAWING NO. Otay Lakes Road $4,514,422 6045802 03066-1 to Widening 03066-6 !:lEngin=\LANDDEV\Projects\01ay Ranch Village 6\R-9B OR-9391final MapISSIA for R-9B final 6 22 04.000 21-'-11 - - ~--- _.,.._._~-,._,-'"--~---------- ~~ COUNCIL AGENDA STATEMENT Item 9 Meeting Date 8/17/04 ITEM TITLE: Resolution Waiving the consultant selection process as impractical and approving agreements with Bruce Hull and Associates for appraisal services, the Meyers Group for Market Absorption services and McGill Martin Self, Inc for special tax consultant and auditing services for community facilities districts within the City for the next three years. SUBMITTED BY: Director of General Services/City Engineer ø REVIEWED BY: City Manager ~~ O~ (4/Sths Vote: Yes_No.Kj It is recommended that this item be continued to the meeting of August 24, 2004. J:\Engineer\AGENDA\A113-MMS 2004b, cont'd.doc _.__.._-_.~-_.._- COUNCIL AGENDA STATEMENT Item No.: 10 Meeting Date: 8/17/04 ITEM TITLE: Resolution Waiving the informal consultant selection process, approving a second amendment to the two-party Agreement between the City Of Chula Vista and RBF Consulting for professional services in support of the General Plan Update, and authorizing the Mayor to execute said amendment SUBMITTED BY: Ð;rectoc 'fP~g "'" BuildIDg f REVIEWED BY: City Manager<: to C" (4/5ths Vote: Yes_ No K.) RBF Consulting has been assisting staff on the General Plan Update with the development of land use and transportation alternatives, preparation of the Land Use & Transportation Element, and public meeting facilitation. The prior contract amendment approved in August 2003 anticipted completion of the General Plan Update by May/June 2004. Completion of the GPU documents is now set for September 2004, with hearings in the Fall. The $25,000 amendment covers this extended timeframe. RECOMMENDATION: That the City Council adopt the Resolution approving the proposed Amendment, and authorizing the Mayor to sign on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background In August 2003, the City Council approved a fIrst amendment to the Agreement with RBF Consulting that significantly expanded RBF's role in the General Plan Update process. That expansion was largely in response to the resignation of the Planning Director and a Special Planning Projects Manager who was hired to oversee and coordinate the Land Use and Transportation planning portion of the GPU work program. The scope of that amendment for RBF's services covered a number of GPU components including program administration, document structure and organization, land use and transportation alternatives, and public participation. At that time, it was anticipated that RBF's services and the GPU alternatives and documents would be completed by June 2004. Need for Exoanded Services Since that time, substantial progress on the GPU has been made, and RBF has satisfactorily performed the associated work. This includes assistance with the Town Hall ill meeting series, 10 -I Page 2, Item No.: ~"...., '..... Meeting Date: 8/17/04 our citizen committees, and the preparation of the land use and transportation alternatives and draft General Plan documents. Given the scope and complexity of the General Plan Update program, and the fluid nature of the input and direction formed during the long public process, the Plan and work program have accordingly evolved over the last year since RBF originally took on their expanded role. This includes the substantial time and effort that have been applied to working with the four citizen committees to develop the General Plan objectives and policies, and the land use alternatives. As reported in the recent GPU status update to Council, we have completed drafts of all the General Plan Elements, and have identified a preferred land use alternative through the Steering Committee that is currently undergoing testing and evaluation. While we had originally projected these efforts being completed by June 2004, we are now scheduled to complete the GP documents and EIR in September, followed by the formal public review period and public hearings in November. The main focus of our work over the next two months is to test the preferred alternative, and to refine the Land Use and Transportation Element to reflect that alternative. RBF's continued participation in these efforts is needed, however, they had originally anticipated the project ending in June 2004, and it is necessary to extend the contract time horizon through the November hearings, and to add $20,000 to cover RBF's costs over this period. Waiver of Informal Consultant Selection Process The aggressive work schedule and short time frame for completing the General Plan Update warrants the continued use of a consultant. RBF has proven their capability in their work for us to-date, and is prepared to apply the expertise and resources necessary to assist us in successfully completing the Update. Given the circumstances and urgency, staff is requesting that Council waive the informal consultant selection process. RBF Consulting has been providing support to the General Plan, and has successfully demonstrated quality work product, capability, and commitment to key milestones and an aggressive project schedule. No start up time is needed since they are already familiar with Update process. RBF is a proven expert in the area of General Plans, land use, urban design and community participation, and has extensive Southern Califomia experience. They have indicated that they have resources and manpower immediately available for work effort. FISCAL IMPACT: The $25,000 cost for the services request under the proposed second amendment can be paid from available funds within the already approved General Plan Update CIP. No budget amendments or other funding allocations are needed. Attachments 1. Proposed Second Amendment to the Agreement with RBF Consulting J:\PlanningIEDlGPU RFPslRBF Amend 2 AI 13 08-11-04.doc ! t~ ~? v'-~ RESOLUTION NO. 2004- RESOLUTION OF THE CHULA VISTA CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE INFORMAL CONSULTANT SELECTION PROCESS, APPROVING A SECOND AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RBF CONSULTING FOR PROFESSIONAL SERVICES IN SUPPORT OF THE CITY'S GENERAL PLAN UPDATE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT. WHEREAS, City and RBF Consulting entered into an agreement on May 1,2003 whereby the consultant was to provide professional planning services to City, focusing on graphics preparation for City-wide preliminary land use/transportation alternatives and assistance with community input at the General Plan update Town Hall #2 meeting; and WHEREAS, subsequent to the Town Hall #2 meeting, two key General Plan update City staff members resigned necessitating the shift of management responsibilities within the department and resulting in the net loss of dedicated staff time and expertise to the General Plan update; and WHEREAS, a first amendment to the original agreement was approved in August 2003, to significantly expand RBF's role in the General Plan Update; and WHEREAS, based on the evolving nature of the General Plan Update, there were mutually agreed upon shifts in tasks and related cost allocations within that amended agreement; and WHEREAS, that first amendment anticipated that the General Plan Update and RBF's work would be completed by June 30, 2004; and WHEREAS, the draft General Plan Update documents are now scheduled for completion and release in September 2004, with public hearings occurring in Fall 2004; and WHEREAS, the aggressive work effort and short time frame of the remaining work to be done to complete the General Plan update requires the continued use of a consultant; and WHEREAS, RBF Consulting is already engaged in the work, has extensive local knowledge ofChula Vista, has proven expertise and commitment, is efficient and flexible in their work efforts, and has performed satisfactorily in prior General Plan Update tasks for the City; and /0-3 WHEREAS, City staff is recommending the City Council of the City of Chula Vista waive the informal consultant selection process for said services, under the circumstances; and WHEREAS, no new budget appropnatlOns are requested as the funds are available in the already approved General Plan Update CIP; NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby waive the informal consultant selection process, approve the Second Amendment to the two-party agreement with RBF Consulting and authorize the Mayor to execute said Amendment. Presented by Approved as to form J.D. Sandoval (J:'^ p /IJL Moore Director of Planning and Building City Attorney J:\Planning\ED\GPU RFPs\RBF GPU Amend 2 Reso.doc 10-'1 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL /)h^ f /l1JL Ann Moore City Attorney Dated: ð' /1 0 Second Arne dme t to the Agreement Between the City of Chula Vista And RBF Consulting ;0-6 SECOND AMENDMENT to the Agreement between the City of Chula Vista and RBF Consulting, a California Corporation Recitals This Second Amendment is entered into effective as of Julv I. 2004 by and between the City of Chula Vista ("City") and RBF Consulting, a California Corporation ("Consultant"), with reference to the following facts: WHEREAS, City and Consultant previously entered into an agreement on May I, 2003, whereby Consultant was to provide professional planning services to City, focusing on graphics preparation for City-wide preliminary land use/transportation alternatives and assistance with community input at the General Plan Update Town Hall #2 meeting all to the satisfaction of the Director of Planning and Building ("Original Agreement"); and WHEREAS, subsequent to the Town Hall #2 meeting, two key General Plan update City staff members resigned necessitating the shift of management responsibilities within the department and resulting in the net loss of dedicated staff time and expertise to the General Plan update; and WHEREAS, a fIrst amendment to the Original Agreement ("First Amendment") was approved in August 2003, to significantly expand RBF's role in the General Plan Update; and WHEREAS, that First Amendment anticipated that the General Plan Update and RBF's work would be completed by June 30, 2004; and WHEREAS, based on the evolving nature of the General Plan Update, there were mutually agreed upon shifts in tasks and related cost allocations within that amended agreement; and WHEREAS, the draft General Plan Update documents are now scheduled for completion and release in September 2004, with public hearings occurring in Fall 2004; and WHEREAS, the aggressive work schedule and short time frame of the remaining work to be done to complete the General Plan Update necessitates the use of a consultant; and WHEREAS, Consultant has extensive local knowledge of Chula Vista, has proven expertise and commitment, is efficient and flexible in their work efforts, and has performed satisfactorily in Original and First Amendment Agreements; and WHEREAS, City staff is recommending the City Council of the City of Chula Vista waive the formal bid process under the circumstances. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: RBF GPU Second Amendment 10-6 Pagelof5 1. Exhibit A, Section 7 of the Original Agreement, entitled General Duties is amended to read as follows: Provide professional planning services to City in the update of City General Plan, focusing on Program Administration, General Plan Structure and Organization, Land Use / Transportation Alternatives, Document Preparation, Public Participation and Decision Makers Meetings, and Review of Final Alternatives, all to the satisfaction of the Director of Planning and Building. 2. Exhibit A, Section 8.A. of the Original Agreement, entitled Detailed Scope of Work, is hereby amended to read as follows: 7. Task 7 - Program Administration and Proiect Coordination, new task 7.f f. As of the effective date of the Second Amendment to this agreement, Consultant will resume its active role in coordinating with City staff and other consultants to track work products, tasks and milestones for the GPU. Based on scheduling input from the City, Consultant will update the overall schedule for the General Plan Elements and EIR. Consultant will also prepare critical task list and due dates for short-term products (research, studies, text, etc.) used as input for the GPu. Consultant will follow up with key individuals working on both the short-term products and the General Plan Elements to keep them on schedule, and will update and inform the GPU project manager of their progress. Consultant will coordinate with City staff and other consultants to track all project tasks for critical path items needed to maintain progress, product delivery and milestones. This will include multi-weekly phone contacts and emails with key staff and consultants working on specific tasks, with meetings only on an as-needed basis. Consultant will inform the GPU project manager on a weekly basis as to the status of task items, whether there are potential adverse impacts that would affect the overall project schedule, and if any key staff or consultants are not providing the needed projects on schedules. The City will inform its departments and sub-consultants that Consultant is responsible for this effort and require their cooperation in maintaining current task status to Consultant. Consultant will continue to hold weekly teleconference calls with the City's General Plan project manager to discuss project status, upcoming needs, and project schedule. 13. Task 13 - General Plan Document Preparation. new task B.d d. Consultant will review the Land Use and Transportation (LUT) Element and identify re-organization changes and text additions to address LUT Element readability and State law. Upon approval of the City's GPU project manager, Consultant will make the re-organization revisions and prepare the needed written RBF GPU Second Amendment 10-7 Page 2 of5 text to address the LUT Element sections pertaining to land use. Consultant will coordinate with City staff and the City's GPU transportation consultant to obtain their additional input for sections pertaining to transportation. Where specialized City staff or transportation consultant input is not required for revisions, Consultant will prepare the needed written text. 14. (New) Task 14 - General Plan Public Hearings Consultant will assist the City (up to 8 hours) in the review and response to comments received from the public and other parties on the LUT Element. Consultant will also attend up to a total of three public hearings by Planning Commission and/or City Council to consider the General Plan Update, in order to provide testimony and/or to respond to questions as appropriate. 3. Exhibit A, Section 8.C. of the Original Agreement, entitled Dates or Time Limits for Delivery of Deliverables, is hereby amended to read as follows: Dates of Deliverables 7 through 14 may be subject to change pursuant to the advance approval of the Director of Planning and Building. Deliverable No.7: Task 7 - Program Administration and Project Coordination (new deliverable 7.f) f. In accordance with the included tasks; maintenance of overall project schedule, preparation of critical task lists and short-term product due dates, multi- weekly phone contacts with staff and consultants as needed to keep them on schedule and to generate the required work products, weekly reports to the General Plan project manager on status of work products and schedule, weekly teleconference calls with the General Plan project manager. Deliverable No. : Task 13 - General Plan Document Preparation. (added paragraph) Prepare revised, draft Land Use and Transportation (LUT) Element for review by City on or before August 6, 2004. Review and provide pre-final LUT Element based on City review and comments on or before August 27, 2004. Provide inputs on a Final LUT Element on or before September 10, 2004. 4. Exhibit A, Section S.D. of the Original Agreement, entitled Date for completion of all Consultant services, is hereby amended to read as follows: 12/31/2004 10-E RBF GPU Second Amendment Page 3 of5 ......-.. 5. Exhibit A, Section 1l.C.1. of the Original Agreement, entitled Compensation, is hereby amended to read as follows: $ 274.559 6. Except as herein provided, all other provisions of the Original Agreement and First Amendment to the Original Agreement shall remain in full force and effect. . RBF GPU Second Amendment /O-q Page 4 of 5 SIGNATURE PAGE TO SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RBF CONSULTING, A CALIFORNIA CORPORATION. IN WITNESS WHEREOF, City and Consultant have executed this Second Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,2004 City ofChula Vista by: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: RBF Consulting By: ~.-L ß- ~L· Richard A. Rubin, SenÌor Vice President Dated: 7' I ~ 'Ù:M"f&- REF GPU Second Amendment IO-ID Page 5 of5 - ---,.....~_...,...,-,.,,----_._._-_.- ~\ft- .,~.-...- ----- ~ 0lY OF CHUlA VISTA Council Agenda Statement Item: II Meeting Date: Auqust 17. 2004 ITEM TITLE: Resolution Of the City Council of the City of Chula Vista Urging the California Public Utilities Commission to R'j'ct. Pmpoo.1 to s¡r'mo" '" Add"o",' Co,ts to SDGOE Ratepayers. SUBMITTED BY: Assistant City Manage REVIEWED BY: Director, con~on and Environmental and Services ~ City Manager (4/5ths Vote Yes _ No ~ The California Public Utilities Commission (CPUC) is considering how to permanently allocate the cost of the State's long-term energy contracts to San Diego Gas & Electric (SDG&E), Southern California Edison (SCE), and Pacific Gas & Electric (PG&E) customers from January 2004 through the remaining life of the contracts. The "settlement," proposed by PG&E, SCE and The Utility Reform Network (TURN) would shift approximately $1 billion dollars from PG&E and SCE customers to SDG&E customers over the next eight years. The Utility Consumer Action Network (UCAN) and SDG&E believe that the allocation method previously adopted by the CPUC, and currently being used by the utilities, equitably allocates the costs among the customers of all three investor-owned utilities. BACKGROUND: In 2000-01, at the height of the energy deregulation crisis, the credit worthiness of some investor owned utilities threatened their ability to purchase an adequate supply of power to prevent the black outs that would affect the entire state. The Governor subsequently directed the California Department of Water Resources to enter into long-term electricity procurement agreements. Since then, the Department of Water Resources has submitted their annual "revenue requirement" to the CPUC, to reimburse the State for their electricity purchase and related costs. This year the CPUC is considering the adoption of a cost allocation methodology that recovers the DWR revenue requirement from 2004 through the contract terms. The two investor owned utilities, that represent the majority of the State's electricity demand and customers, have proposed a settlement that would increase SDG&E's, and sUbsequently their customer's, share of those costs by approximately $1 Billion Dollars. RECOMMENDATION: Staff recommends that Council adopt the resolution urging the California Public Utilities Commission to reject the proposed PG&E, SCE and TURN "settlement" agreement that proposes to shift more than $1 billion dollars in additional costs over the next eight years to San Diego region electricity customers, and direct staff to work with the CPUC, SDG&E and other parties to adopt a fair and reasonable allocation process for all California ratepayers. //-/ - -- -,~,.~......- Item: .If Paqe: 2 of 2 BOARD AND COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: $1 Billion Dollar Cost Shift Impacts Electricity Rates The proposed settlement would have a significant impact on all of the residential and commercial ratepayers in SDG&E's service territory, including those in Chula Vista. According to SDG&E some examples of those estimated impacts are: · An increase of 11.6% percent (0.83 cents per kWh) in system average commodity rates. · An increase of 1.20 cents per kWh or more than a 15.0% increase on-average to non-exempt residential, commercial and industrial commodity rates. · An increase of approximately $480 on the monthly electric bill to commercial customers such as a restaurant or small grocery store - based on 40,000 kWh monthly usage. · An increase of approximately $5,600 per year for a Chula Vista/San Diego area high school's electricity costs. Additionally, the Environmental Resource Manager has estimated that the City's electricity costs will increase approximately $23,000 per month or approximately $275,000 per year. FISCAL IMPACT: Approval of this resolution will have no impact to the general fund. If the CPUC adopts the proposed settlement, the City's annual energy costs are expected to increase by at least $275,000 per year. //~~ Page 2 of 2 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO REJECT A PROPOSAL TO SHIFT $1 BILLION IN ADDITIONAL COSTS TO SDG&E RATEPAYERS WHEREAS, in 2000-01 at the height of the energy deregulation crisis the credit worthiness of some investor owned utilities threatened their ability to purchase an adequate supply of power to prevent the black outs that would affect the entire state; and WHEREAS, the Governor subsequently directed the California Department of Water Resources to enter into long-term electricity procurement agreements; and WHEREAS, the California Public Utilities Commission (CPUC) is considering how to permanently allocate the cost of the State's long-term energy contracts to San Diego Gas & Electric (SDG&E), Southern California Edison (SCE), and Pacific Gas & Electric (pG&E) customers from January 2004 through the remaining life of the contracts; and WHEREAS, the "settlement," proposed by PG&E, SCE and The Utility Reform Network (TURN) would shift approximately $1 billion dollars from PG&E and SCE customers to SDG&E customers over the next eight years; and WHEREAS, the allocation method previously adopted by the CPUC, and currently being used by the utilities, equitably allocates the costs among the customers of all three investor-owned utilities; and WHEREAS, the proposed settlement would have a significant impact on all ofthe residential and commercial ratepayers in SDG&E' s service territory, including those in Chula Vista. According to SDG&E some examples of those estimated impacts are: · An increase of 11.6% percent (0.83 cents per kWh) in system average commodity rates. · An increase of 1.20 cents per kWh or more than a 15.0% increase on-average to on-exempt residential, commercial and industrial commodity rates · An increase of approximately $480 on the monthly electric bill to commercial customers such as a restaurant or small grocery store - based on 40,000 kWh monthly usage. · An increase of approximately $5,600 per year for a Chula Vista/San Diego area high school's electricity costs. //-3 WHEREAS, the Environmental Resource Manager has estimated that the City's electricity costs will increase approximately $23,000 per month or approximately $275,000 per year. NOW THEREFORE BE IT RESOLVED, that the City of Chula Vista has evaluated the DWR allocation proposal and urges the CPUC to reject a proposal to shift $1 billion in additional costs to SDG&E Ratepayers. Presented by Approved as to form by Michael Meachum ~Ú0 zj( (jJ /o!J¿ f'7 Ann Moore Director, Department of City Attorney Conservation & Environmental Services J :Attomc:y/Reso/Conservation/SDG&E Support Reso //- f/ COUNCIL AGENDA STATEMENT Item /2.- Meeting Date 8/17/04 ITEM TITLE: Public Hearing to consider the modification of the Salt Creek Sewer Basin Development Impact Fee Resolution Accepting the Engineer's Report updating the Salt Creek Sewer Basin Development Impact Fee Ordinance Amending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 Urgency Ordinance Amending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 SUBMITTED BY: Director of General Services / City Engineer '6k REVIEWED BY: G\t.- (4/Sth' Vote: Yes...x.. No-.J City Manager ¡..", iJ~ The Salt Creek Sewer Basin DIF was established in December 1994 to facilitate construction of the Salt Creek Trunk Sewer to serve properties within the benefit area. Since that time, costs associated with the Salt Creek Trunk Sewer project have continued to increase and the project has broadened in scope as additional needed sewer facilities have been identified to serve the benefit area. In order to ensure that sufficient funding will be available to complete the project and repay the Trunk Sewer Capital Reserve Fund, staff recommends increasing the Salt Creek Sewer Basin DIF from $284 to $1,330 per EDU. RECOMMENDATION: That Council 1. Conduct the public hearing. 2. Adopt the Resolution accepting the Staff Update for the Salt Creek DIF 3. Adopt the Ordinance amending the fee and amending Ordinance No. 2617 (first reading) 4. Adopt the Urgency Ordinance amending Ordinance No. 2617. BOARDS/COMMISSION RECOMMENDATION: N/ A DISCUSSION: Back!!round In early 1994, the City retained Wilson Engineering to prepare a study and basin plan with the primary goals of (1) identifying the sewer facilities that would be needed to support development within the Salt Creek Basin ("the benefit area"), and (2) determining a funding mechanism to pay /2--/ ___.____,.~___, '_"__'_~M'_ Page 2, Item 12- Meeting Date 8/17/04 for those facilities. The study identified an alignment that would require more than 13.5 miles of sewer line to serve the benefit area, including the area now known as the Wolf Canyon Basin. The Salt Creek Trunk Sewer generally begins just west of the Upper Otay Reservoir, and ultimately ties into the City of San Diego's Metro Sewer line just west of Interstate 5 near Main Street. The trunk line is divided into nine (9) sections or "reaches" which are points of slope change or connections with other major tributary sewer lines (Attachment A). Establishment of the fee: In order to fund the project, the study evaluated three alternatives for establishing a development impact fee (DIF). Council ultimately adopted Ordinance 2617, establishing the Salt Creek Sewer Basin DIF at $284 per EDU to finance the construction of Reaches I through 8 of the Salt Creek Sewer. Of the total estimated $18.1 million project cost, $8.2 million (the cost of reaches I through 8) was used to determine the DIF and was spread among 28,737 benefited EDUs. Reach 9, which would be conveying flows from other basins in addition to and west of the Salt Creek Basin, was deemed at that time to be a regional facility and therefore a City obligation. Current Proiect Status Since 1994, all reaches of the Salt Creek Trunk Sewer within the DIF-eligible area have been constructed. Reaches I, 2A, 2B, 4B and 5A were constructed by Developers and the City, and Reaches 3, 4A, 5B, 6, 7, 8A, 8B, 9A and 9B were recently constructed by the City. Based on a recent analysis performed as part of the Engineer's Report (Exhibit A), the overall cost of the Salt Creek Trunk Sewer project has increased from $18.1 million to $32 million (of this amount $20.4 Million is DIF obligation) Attachment B). The primary reasons for the increase are: · Changes in planned land-use intensities. 0 Necessitated upsizing of several segments. (+$0.5 million) · Environmental and right-of-way constraints. 0 Necessitated the installation of a Supervisory Control and Data Acquisition (SCADA) System (+$0.5 million) 0 Necessitated installation of a dual pipe system to provide redundancy in the system and allow the pipes to remain buried in a section of the pipeline that passes through the Multiple Species Conservation Plan (MSCP) area (+$1.0 million) 0 Necessitated establishment of the Preserve Management Endowment Fund (PMEF) (+$1.0 million) · Increased depth of the sewer trunk line and the replacement of AC pavement. 0 Utility information (not available in 1994 when the original Wilson Study was prepared) specified that the sewer line be installed at depths greater than those originally conceived for some locations. (+$2.0 million) · /2. - 2- Page 3, Item /2- Meeting Date 8/17/04 · Increased level of Consultant and Staff Resources required to complete the project. ($3.1 million) · The Construction Cost Index increased by 29% between 1994 and today 0 Accounting for this inflation factor alone, the DIF should have increased from $284 to $366 per EDU (+$2.7 million). · Intensity of development activity. 0 Resulted in more aggressive project schedules and expensive installation strategies that ultimately affected the cost of the project. This is also the major reason for the Micro-Tunneling under Interstate 5 (total $2.8 million) · Acquisition of a special maintenance vehicle: 0 The City will purchase a sewer maintenance vehicle capable maintaining the sewer main in its off-road location while being sensitive to surrounding environment of Salt Creek and the Otay Valley. (+$0.3 million). Additional DIF-eli!!ible Facilities Reach 9A: When the Salt Creek DIF was established in 1994, Reach 9 was expected to be a regional facility, serving a number of other areas (i.e., Main Street and Poggi Canyon Basins) in addition to the Salt Creek Basin. To expedite the construction of this section, Reach 9 was further divided into 3 sub-reaches (9A, 9B and 9B'). During this process, it was determined that Reach 9A, which begins just west of Heritage Road and ends just west ofInterstate 805, actually serves only the Salt Creek Basin, and therefore is not a regional facility. The cost of this section, currently estimated at $6.1 million, has now been reclassified as a DIF-eligible expense. The Wolf Canvon Trunk Sewers: The original 1994 study did not identify the need for a major trunk sewer to serve the Wolf Canyon Basin, however, properties within the Wolf Canyon Basin were considered to be part of the benefit ar~a. It was assumed that these properties would connect to the Salt Creek Sewer via laterals. More recent analyses by the City and various landowners, however, show that two additional trunk sewer lines will be needed to serve these properties: a sewer line to be located within the future Rock Mountain Road between Heritage and La Media, and the other sewer line to be located in Heritage Road between Olympic Parkway and Main Street. These two lines will ultimately connect to the Salt Creek Trunk Sewer. Since the Wolf Canyon Basin is tributary to the Salt Creek Basin, and was originally included within the benefit area, this update includes the two new required facilities as Salt Creek Sewer DIF-eligible facilities. In this way, costs associated with the two additional lines will be spread among all the properties within the total benefit area. It is currently estimated that the cost of these two Wolf Canyon facilities will be approximately $5.7 million (Attachment C). /2--3 Page 4, Item IcÍJ Meeting Date 8/17/04 Future Universitv Site The future university site was included in the benefit area in 1994. This update will maintain the University Site and its associated units within the benefit area. It is possible that a future public university will be exempted from the payment of the subject DIF. In such a case, the City Council has the option of either updating the DIF program to re-distribute the cost amongst remaining properties or paying the University obligation using the City's available funds. The total EDUs planned for the university site is 5,973; therefore, based on the proposed fee of $1,330, the future university site obligation is $7,944,090. However, the General Plan Update, which is currently underway, contemplates a possible reconfiguration of the University land use along with mixed-use residential/commercial opportunities and possible residential uses for student and/or faculty housing, which could result in more revenue to the DIF. Fee Determination When the Salt Creek DIF was established in 1994, the fee was spread across 28,737 EDUs within the benefit area. Based on the detailed analysis presented in the Engineers Report, the remaining number of benefited EDUs in the basin is 25,668. This report recommends that the total construction cost of Reaches I through 9A of the Salt Creek Gravity Sewer Interceptor and the total estimated cost for the construction of the Wolf Canyon Trunk Sewers be distributed amongst the benefited properties within the Salt Creek Basin and the Wolf Canyon Basin. This methodology is consistent with the 1994 Wilson Study and is the most equitable since all properties essentially receive the same service. Based on the analysis performed in this report, Staff recommends that Ordinance No. 2617 be amended as follows: a. To add the Rock Mountain Road and Heritage Road Trunk Sewer lines (Wolf Canyon Sewer Facilities) and Reach 9A as facilities financed by the Salt Creek Sewer Basin DIF. b. To adjust the DIF by amending Chapter XVI, Section C, of the Master Fee Schedule to set the new fee at a rate of$I,330 per EDD. Therefore, based on these revised costs, and the updated number of remaining benefited properties in the benefit area, the Salt Creek DIF needs to be increased from $284/EDU to $1 ,330/EDU (Attachment D). Coordination with the Development Communitv City staff has been working with the development community for years on all issues related to the construction and financing of the Salt Creek Sewer. In April a briefing meeting was held with developers, and in June 2004, the Draft Engineer's Report was sent to all the developers with a vested interest for their input. Subsequently, staff met with the developers to discuss the proposed DIF update. Based on their input, the Engineer's Report was revised (specifically, the /2 -'1 Page 5, Item It¿ Meeting Date 8/17/04 financial analysis was revised to reflect a more realistic absorption rate). So, the final version of the report, to large extent, reflects the outcome of those discussions. UfI!enCy Ordinance In addition to approving the Ordinance, Council is also being asked to approve a proposed Urgency Ordinance which will allow the City to collect the fee during the 60-day waiting period before the regular Ordinance becomes effective. The public hearing has been duly noticed (strikeout underlined revisions of both Ordinances are attached for reference). The Urgency Ordinance would go into effect immediately and will enable the City to collect the fee during the 60-day waiting period for the regular Ordinance to become effective. This Ordinance is only valid for 30 days, and therefore, it will be necessary to notice and hold subsequent hearings in order to extend the Urgency Ordinance in 30-day increments until the permanent Ordinance becomes effective. Due to the pace in development within the benefit area, staff is recommending that the fee increase becomes effective immediately. A delay in implementation creates an increased burden on future development that will be left to bear the financing cost if not placed immediately on benefited properties. Furthermore, immediate implementation of the DIF update is necessary due to the current and immediate threat to public health, which will result, should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. This could result in the overloading of adjacent sewer systems, which could compromise the City's ability to serve the increasing population in the Eastern Territories. The prospect of a deficit, overloading of adjacent sewer systems and concerns about an increased charge to remaining property owners constitutes a current and immediate threat to the public health, welfare and safety justifying the immediate implementation of this fee. Environmental Impact The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review has been completed for the Salt Creek Gravity Sewer Interceptor and will be required for the Wolf Canyon Trunk Sewer prior to the approval of final design plans and the awarding of the construction contract. FISCAL IMPACT: The Salt Creek Trunk Sewer Project (SW-219) was funded primarily with loans from the Trunk Sewer Capital Reserve Fund and the funds collected in the Salt Creek Sewer Basin Benefit Area Fee Fund. The Wolf Canyon Trunk Sewers will also be funded with loans. The proposed increase in the Salt Creek DIF is being set to repay the loans over a 15.5- year period. This will facilitate the repayment of approximately $34.1 million ($19.4 million in /1- -6 -,- ^-'--- -..---------------- Page 6, Item Ic2J Meeting Date 8/17/04 remaining loans for Salt Creek, $5.7 million in future loans for Wolf Canyon and $9 million in interest) to the Trunk Sewer Capital Reserve Fund and other sources (see Attachment D). Attachments: Ordinance Amending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 (strikeout underline version) Urgency Ordinance Amending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 (strikeout underline version) Attachment A: Location of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer Attachment B List of Salt Creek Gravity Sewer Interceptor Reaches and their Costs Attachment C: Cost Estimate for the Wolf Canyon Tnmk Sewer Attachment D: Calculation of the new DIP (Table 4.4) Exhibit A: Update to the Salt Creek Gravity Sewer DIF, August 2004 ("The Engineer's Report") Last printed 8/6/2004 10:46:25 AM J :\Engineer\AGENDA \Salt-Creek-DIF-Update-A 1l3-ac·cb-mji.doc I"L-b Ordinance No. ATTACHMENT Page I ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA EST:\..BLISHING AMENDING THE SALT I CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING I ORDINANCE NO. 2617 WHEREAS, developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's portion of the total cost of the public facilities; and, WHEREAS, all development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and, WHEREAS, the Salt Creek Sewer Basin (Gravity Basin) is that area of land within the City of Chula Vista and the County of San Diego from which wastewater will flow by gravity from Salt Creek into the Otay River Valley (which also includes the portion land referred to as I the "Wolf Canvoll Basin"). The Otay Lake Basins are those areas of land within the County of San Diego from which wastewater will flow by gravity into the Lower and Upper Otay Lake Reservoirs, a portion of which will be pumped into the Gravity Basin. These areas are shown on the map attached hereto as Exhibit"A", Salt Creek Sewer Study Map~Th¡s-tnap-ts-illStt--iflU¡ltded I as an ¡¡.tt¡;effinettt--t&-#t€--Salt Creek Ba;;in Grayity SC';>"er :\nalysis; and, WHEREAS. on Decembcr 6.1994. thc Citv Council ol'the City ol'Chula Vista adopted Qrç!j_IliJJIÇQ..'''lQc_ 2 6.1 7 º-â_Hl.QJi shillK_9_ DS,y-çl oJ2LTI t<nUillQacLJ' ee lSU2H y_lQL§è\\:,cr_iIrrRIQ_Y.\<!l1.º-DJ§ ,y_iIhillJhçBl\!LÇ[l''''!LS""YÇ1:ß.i1§ill_ªs ¡U&n~!i1i-ºn 0 f Ì§_§uallç,\<_Q1Jmi),liuj!; l2eI"DÜ!§.;'ªOQ WHEREAS, -W-i-!sonEngineeriTlgCitv Statl has prepared the Undatc to thc Salt Creek I Biisin-Gra¥ily-Sewer--AnalysisS-'_IY.çx.ßmÚl1_J'lª-l! ("Report") dated NOVi3f1-1øer-1-994 August 2004; and, WHEREAS, the Report has determined that new development within Upper and Lower Otay Lake and Salt Creek Basins, including the W ol!" Canyon Basin will create adverse impacts I on the City's existing sewer facilities-to wit, that there are no existing sewers which can serve gravity sewage flows expected to be generated from new development within these Basins·which must be mitigated by the financing and construction of certain sewer facilities identified in this ordinance; and, /'2.-7 __ _________....._.. .u___n_ Ordinance No. Page 2 WHEREAS, said Report includes an estimate of ultimate sewer flows anticipated from the Otay Lake and Salt Creek Basins, recommends sewer facilities needed to transport these flows,i_QçJ'IStÜ)g_ª,h!.(t[Q.Ilª_Uªfj-Ll1[ÇS ~J]-º_~'.'D~ª!'.BcQ.ç-"~Mo_l.l.!l!ªin Roa<lTrunk Scwer and Herit-ª£Q I gg_ª-,LIrl,lDLS.£.wer and establishes a fee payable by persons obtaining building permits for developments within these basins benefiting from the construction of these facilities; and, WHEREAS, on-00tolx."f--Hì;-199-?>-(L1_.!~pril and Julv 2004_-public meetingâ -were held I with the owners and developers of properties located within the Gravity Basin to discuss the Report and city staff recommendations for ostabli:;hing revising the Salt Creek Sewer Basin I Development Impact Fee; and, WHERE:\S, the Er:',-ironmental Reviev, Coordinator conduetcd an Initial-Stud)', I8 ') 1 21. of poten:iul on'iinmmcntal impuct [JsGoeiatod with the propo~;ed Project and has 6on61udcd that-tht>fe--W<7u-l<l--h'-·--fH,,-si-gni.fieant---€H-vimurHental--ir!1IHHòls-;---aH-d-fe€efI'l-mefHis-aooption---e-f:--the Nt'g-'dÜve--f)eelarmiÐt1-+ssHed-Ðn-IS--94-2-4;-fmd¡ WHEREAS, the Citv's Environmental Review Coordinator has reviewed the proposed activitv for compliance with the California Environmental Ouality Act (CEOA) and has determined that the aelivitv is not a "Proieet" as deÜned under Section 15378 of the State CEOA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEOA Guidelines. the activitv is not subiect to CEOA. Although environmental rcview is not neccssarv at this time, environmental review has been completed for the Salt Creek Gravity Sewer Interceptor and wil1 be required for the Wolf Canyon Trunk Sewers prior to the approval of final design plans and the awarding ofthe construction contract; and, WHEREAS, on November 22, 1 ')94 August 17, 2004 a Public Hearing was held before I the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and estahli&hment-revj§jng of the Salt Creek Sewer Basin Development Impact Fee; I and, WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Salt Creek, Wolf Canyon and Otay Lake Basins in the I City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION I. Environmental Review. That the I'fej",'€t-aetivitv will have no significant environmental impacts, and I 1I1-e--~;ity--{èmmeil-o.f.--the--G-ily-,,,f~-(41u+a-¥tst¡¡-flefeby-adopts-4he---Negilií-ve /2..-2 Ordinance No. Page 3 De€laration issaed OR IE 9'1 2'Hherefore is not subiect to the (,BOA although environmental review will be required for the Wolf Canyon Trunk Sewel:§. /2 - "í -- ~--,-, .... -. .,-.-.-----------------....-.-....- ----- Ordinance No. Page 4 SECTION 2. Approval of Report. The City Council has independently reviewed the proposed Report herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, known as .tb_L!1mi<j!-"_.lQJþe Salt iJ.-"ek _SewÇI_J1ª-g!L Plml~_1Med. August I 4.r2Q:1docnment numaer CO'} 1 260, a copy of which is on file in the office of the City Clerk and the City Engineer. SECTION 3. "Facilities" . The facilities which are the subject matter of the fee herein established are fully described in the Report at page-l-GD_, Table $--2.4_thereof, and the I locations at which they will be constructed are shown on Exhibit "A", Salt Creek Basin Sewer Study Map, which is included in the Report, all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part ofthe Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow. SECTION 4. Territory to Which Fee Is Applicable. The area of the City ofChula Vista to which the Fee herein established shall be applicable is set forth on Exhibit "A", and is generally described as the Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, Wo1f Canvon Basin and that portion of the I Lower Otay Lake Basin east of the Salt Creek Sewer Basin, SECTION 5. Purpose. The purpose of this ordinance is to provide the necessary financing to .eQ_Y_ec th!;_____ÇQ$!L__ª-S.§Qç"i;1!.ed___-"','i1b__jm~L_J.Q___ construct the ~;l1lt Creek Jnterceptornecessarv facilities within the areas shown in Exhibit "A". SECTION 6. Establishment of Fee. A Development Impact Fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of a building permit for a development project within the Territory, is hereby established. ''''-' 10 / L -"f /' Ordinance No. Page 5 SECTION 7. Due on Issuance of Building Permit. The Fee shall be paid in cash upon the issuance of a building permit. Early payment is not permitted. SECTION 8. Determination of Equivalent Dwelling Units. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit "B", EDU Conversion Factors For Financial Analysis, and is included as Table 6-,5_Jjn the Report. I SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited. The Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 10. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities and purchase of a maintenance vehicle, or I reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Fee. SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule. The Fee shall be calculated at the rate of $;!&4-1 ,330 per EDU. Chapter XVI, I Other Fees, of the Master Fee Schedule is hereby amended to add Section C, which shall read as follows: "C. Salt Creek Sewer Basin Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No._, but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that /2 - / I . -.-----..---------- .,"_....- Ordinance No. Page 6 there are additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth in Exhibit "A" of the Salt Creek Basin Gravity Sewer Analysis dated November 1994, and is generally described as the Salt Creek Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin,_thç I 'NQJH:,m)'Ql1J}-ª§j!)o_¡lmi that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. b. Rate per EDU. The Fee shall be calculated at the rate of $~) ,330 per EDU, which I rate shall be adjusted from time to time by the City Council. c. EDU Calculation. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Table {, of the Salt Creek Basin Gmvity Sewer .\nalysis, "Flow Rater; Gnd [qui',alent Dwellin¡; Lait Factors"5.1 ofthc Repm1 d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council intends to review the amount of the Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. /1. ~/2 Ordinance No. Page 7 SECTION 12. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Fee shall be deposited into a public facility financing fund ("Salt Creek Sewer Basin Benefit Area Fee Fund", or alternatively herein "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 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. SECTION 13. Findings. The City Council finds that collection of the Fees established by this ordinance at the time of issuance of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. SECTION 14. Fee Additional to other Fees and Charges. 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. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Basin Plan to be constructed to accommodate the sewage flow generated by the development, the City may require the developer to install Facilities according to design specifications approved by the City. Such improvements shall have the size or capacity necessary to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall offer to reimburse the developer from the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee. The City may update the Fee calculation as City deems /Z-/d Ordinance No. Page 8 appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of the written agreement, grant credits against the Developer's obligation to pay the Fee, and may thereafter, use the proceeds of the Fund to reimburse the developer from the Fund either at the time the expenditures are incurred or over time as fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee, and in an amount agreed to in advance of their expenditure in writing by the City, The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 14 or 15 above shall be conditioned on the developer complying with the terms and conditions of this section: a. Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the Work. b. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (1) Detailed descriptions ofthe Work with the preliminary cost estimate. c. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (I) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the Work; ;,1 J! i -' ..,.... /".....,.. 1 -..- [ ./ Ordinance No. Page 9 (3) Developer shall secure all required permits and environmental clearances necessary for construction of the project; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the construction of the project. (7) The developer shall advance all necessary funds to design and construct the project. (8) 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. 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. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. (10) The agreement may provide that upon determination of satisfactory incremental completion of a Facility, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such costs until issuance by the City of a Notice of Completion. (11) the agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Fee for building permits to be applied for in the future. (12) 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 project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. /2 -/5 Ordinance No. Page 10 (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Fees required by this ordinance against the City's duty to reimburse the developer. (14) If, after offset if any, funds are due the developer under this section, the City shall reimburse the developer from the Fund either at the time the expenditures are incurred or over time as Fees are collected, at the option of the City, for eligible costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee; or the developer may waive reimbursement and use the amount due them as credit against future Development Impact Fee obligations. SECTION 18. Procedure for Fee Modification. 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 burdens of the development, may apply to the City Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project, 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 modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Fee. SECTION 20. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the /2 -/0 Ordinance No. Page II owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation ofthe Fee attributable to the (Work Alternatively Financed). In this regard, the amount ofthe reimbursement shall be based in the costs included in the Basin Plan, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. 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 Facilities. SECTION 22. 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--Ja\~ ª1l~Ltbç__ç!Içgi~º_º-ª.\ç_()U!:!js QIg'\¡li!pcg,Go',-erllll1ent Code Section 51995 after the effectivc da:e of:hi:J ordiaance. IlI_!!ç_Çº!J]-ª!K_<;__"~i!b__QQY_ç!l1mçnLÇQQº--::i,-çtLQJI 6602-ºíillQ) , the ni net v:::daj' '\Pl1.r::9_,,-ªLQºriº~_Jº_~11¡fILtlli!lie~_Dlªy-protest begin..1!J2.on the effective dªtº of this Ordinance. SECTION 23. Other Not Previously Defined Terms. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, 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 as adopted by reference by this City. (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 Proj ect" or "Development" means any activity described in Section 65927 and 65928 of the State Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. /2-! 7 ---- ------_.~._~."-_..,...- Ordinance No. Page 12 SECTION 24. Effective Date. This ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by Approved as to form by Jack Griffin Ann Moore Director of General Services City Attorney J:\EnÚneer\AGENDA\Salt-Creek-DIF-ORD 26 I 7-Stlike Through Version.ac.doc La,Lprirllnt8/9/200411:06AM /2 --/7 Ordinance No. ATTACHMENT Page I ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA I VISTA, CALIFORNIA EST,'.BLISHINC AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS Al'lD AMENDING I ORDINANCE NO. 2617 WHEREAS, developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's portion of the total cost of the public facilities; and, WHEREAS, all development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and, WHEREAS, the Salt Creek Sewer Basin (Gravity Basin) is that area of land within the City of Chula Vista and the County of San Diego from which wastewater will flow by gravity from Salt Creek into the Otay River Valley (which also includes the portion land referred to as I the "Wolf Canvon Basin"). The Otay Lake Basins are those areas of land within the County of San Diego from which wastewater will flow by gravity into the Lower and Upper Otay Lake Reservoirs, a portion of which will be pumped into the Gravity Basin. These areas are shown on the map attached hereto as Exhibit "A", Salt Creek Sewer StUdy Mapc-'fhi-&-llliip-i'HIIæ-iH€fudeà I as an attaehrncnt to the 8alt C;-eck Basin Gmyity Sc·.ver ,'\¡:ulysis; and, \VHEREAS. on Deccmber 6. 1994. the Citv COllncil of the Citv of Chula Vista adopted QnliIL,!ncc _Nº~_1,61 7 est.ª,Þli§þi 11g_1LJ)_çy_çlg12m~I}LLr1.1IEl.ct F ç_~ tQ_!?lI.L[ill:__§"y,:çLÜnprove_mçI1J.§ \\jtl}ilL1bJ<_S_ªJU::LC-,Js..s.~_','{ÇLH'I.~jnm?_¡'-"ºJJ,litiº]Lº.tj~S_~ª,)lçç.Qf b_l!iJ,!il1RI2en¡lÜ.~;.,m4 WHEREAS, Wil&on-EngiHeel'ingCitv StatT has prepared the Update to the Salt Creek I Ba¡¡in-Gr-iWil'y-i;;ewer-Allaly&ìsS-'_I:Y_ÇLI;1miinJ'lm.1 ("Report") dated N()vemeer-19-94August_f1!.Q:l; and, WHEREAS, the Report has determined that new development within Upper and Lower Otay Lake and Salt Creek Basins,jm,!l!gj11gJh~JYolf Canyon Basin will create adverse impacts I on the City's existing sewer facilities-to wit, that there are no existing sewers which can serve gravity sewage flows expected to be generated from new development within these Basins-which must be mitigated by the financing and construction of certain sewer facilities identified in this ordinance; and, /2. j/è' -/-; -----------".- -~"._-_._..- ------ Ordinance No. Page 2 WHEREAS, said Report includes an estimate of ultimate sewer flows anticipated from the Otay Lake and Salt Creek Basins, recommends sewer facilities needed to transport these ~~~;'_;t~~~~f:~;~~~gi~;f~~;~ti~~~~~~)~~~!!P~~~~I~~::Q~~~~~~slS~:t~~f~;l~~fï~i~g ª~~~¡;~t,~~~ I developments within these basins benefiting from the construction of these facilities; and, WHEREAS, em--OelBb€r--18;1-99::>-jn_A12rlLand ]ulv 2004 public meetingâ was-were held I with the owners and developers of properties located within the Gravity Basin to discuss the Report and city staff recommendations for e;;tablishing revising the Salt Creek Sewer Basin I Development Impact Fee; and, WHEREAS, the ulJdated development impact fee should go into effect immediately in order that all developers pay their fair share of the cost of the sewer improvements relating to the impacts caused bv their development; and, WHEREAS, immediate implementation of the DIF update is necessary due to the current and immediate threat to public safety, which will result should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timelv manner. WHEREAS, the Citv's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEOA) and has deternlined that the activitv is not a "Project" as detined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines, the activity is not subiect to CEOA. Although environmental review is not necessary at this time, environmental review has been completed for the Salt Creek Gravitv Sewer Interceptor and will be required for the Wolf Canyon Trunk Sewers prior to the approval of Jinal design plans and the awarding: of the constmction contract; and. WHEREAS, on No-vemb€r--2.;o,-J--9.94August 17. 2004 a Public Hearing was held before I the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and establishmont roSl§ll1Kof the Salt Creek Sewer Basin Development Impact Fee; I and, WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Salt Creek. Wolf Canyon and Otay Lake Basins in the I City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. /2 - ? 0 , - Ordinance No. Page 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Environmental Review. That the p·fOjec+-activitv will have no significant environmental impacts, and the City Council of tRe Cit:,' of Chull: Vista hereby adopts thø~'e;;ati\'e Doclm'ation issaod on IS c/'I 2,1therefore is not subiect to the CEOA althQlu;!u~nvironmental review w'ill be remLÌred f9J tho Wolf Canson Trunk Se';y'ç,I§ . SECTION 2. Finding ofUrgencv. That the Citv Council of the City of Chula Vista .finds that it is necessarv that its Salt Creek Development Impact Fee (DIF) be amended and ~o into effect immediately in order that all developers pay their fair share of the cost of the sewer relating to the impacts caused bv their development. Immediate implementation of the DIF updatc is necessary due to the current and immediate threat to public safetv, which will result. should there be a deficit in the budget to finance the WolfCanvon Trunk Sewers in a timelv manner. This could result in the overloading of adiacent sewer svstems. which could compromise the Citv's abilitv to serve the increasing population in the Eastem Territories. The prospect of a deficit. overloading of adiacent sewer systems and concems about an increased charge to remaining µropertv owners constitutes a ClllTent and immediate thereat to the public health, welfare and safetv iustifving an immediate implementation of this fee. SECTION ~l. Approval of Report. I The City Council has independently reviewed the proposed Report herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, known as !hç.JJ...Qdate to_ the__5.ªJ.LÇree.k Sewer Basin Plan. dated August I 2.QQ1documeAt AU¡BÐer ('0')1260, a copy of which is on file in the office of the City Clerk and the City Engineer. SECTION ';':1. "Facilities" . I The facilities which are the subject matter of the fee herein established are fully described in the Report at page-I-G13, Table '§-2.4_thereof, and the I locations at which they will be constructed are shown on Exhibit "A", Salt Creek Basin Sewer Study Map, which is included in the Report, all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in /2-2/ - --- ---..-....------..-------.....- Ordinance No. Page 4 order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow. SECTION 4~. Territory to Which Fee Is Applicable. I The area of the City of Chula Vista to which the Fee herein established shal1 be applicable is set forth on Exhibit "A", and is general1y described as the Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin,_ Wolf Canyon Basin and that portion of the I Lower Otay Lake Basin east of the Salt Creek Sewer Basin, SECTION ~2. Purpose. I The purpose of this ordinance is to provide the necessary financing to £OV'èr t[1c costs associatcd with and to construct the Salt Crock Intereel7!omcccssarv facilities within the areas shown in Exhibit "A". SECTION t,l. Establishment of Fee. I A Development Impact Fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of a building permit for a development project within the Territory, is hereby established. SECTION +1).. Due on Issuance of Building Permit. I The Fee shall be paid in cash upon the issuance of a building permit. Early payment is not permitted. SECTION &2. Determination of Equivalent Dwelling Units. I Each single family detached dwelling or single family attached dwel1ing shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shal1 be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit "B", EDU Conversion Factors For Financial Analysis, and is included as Table fJ-;Ujn the Report. I SECTION 9lQ. Time to Determine Amount Due; Advance Payment I Prohibited. The Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or /'2-- 22 Ordinance No. Page 5 when the building permit plan check was conducted, or when application was made for the building permit. SECTION MU. Purpose and Use of Fee. I The purpose of the Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities_JlI1º_Q.urcha~~_ºI a m'!intenance vehj_",~, or I reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Fee. SECTION ++ 12. Amount of Fee; Amendment to the Master Fee Schedule. I The Fee shall be calculated at the rate of $2-&4-1.330 per EDD. Chapter XVI, I Other Fees, of the Master Fee Schedule is hereby amended to add Section C, which shall read as follows: "C. Salt Creek Sewer Basin Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No._, but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there are additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth in Exhibit "A" of the Salt Creek Basin Gravity Sewer Analysis dated November 1994, and is generally described as the Salt Creek Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, the I Wolf Canyon Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. b. Rate per EDU. The Fee shall be calculated at the rate of $;6&4- 1.330 per EDU, which I rate shall be adjusted from time to time by the City Council. /2 -23 ___ _______..__.w .,_.____.__...._ Ordinance No. Page 6 c. EDU Calculation. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDD. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Table Ð of tho Salt Creel; Basin Gravity So\ver :\J1alysis. "Flow Rates and Ettlliva1ent-Dwel-ling-IJnit--Fat.'t0f&"5.l 0 f the R;m.QI! d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council intends to review the amount of the Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. SECTION HU- Authority for Accounting and Expenditures. I The proceeds collected from the imposition of the Fee shall be deposited into a public facility financing fund ("Salt Creek Sewer Basin Benefit Area Fee Fund", or alternatively herein "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 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. SECTION 13. Findings. IRo City Couneil finds tRat eollection of the Fees estaèlished by this ordiFläfJee [It tRe time of issH[lnee of the lmilding permit is neeessary to enSHre that Lmds will be available fur Ihe eonstmetion of facilities /2 ~2L/- Ordinance No. Page 7 eeHCHHent ',vith the Heed fur these faeilities and te enSHre ccrtainty in the I eapita.] facilities budgetiag fur growth ilflpaeted pHblic faeilities. SECTION 14. Fee Additional to other Fees and Charges. 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. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Basin Plan to be constructed to accommodate the sewage flow generated by the development, the City may require the developer to install Facilities according to design specifications approved by the City. Such improvements shall have the size or capacity necessary to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall offer to reimburse the developer from the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities m conjunction with the prosecution of a development project within the Territory, the City may, as part of the written agreement, grant credits against the Developer's obligation to pay the Fee, and may thereafter, use the proceeds of the Fund to reimburse the developer from the Fund either at the time the expenditures are incurred or over time as fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee, and in an amount agreed to in advance of their expenditure in writing by the City, The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. /'2 -25 .-.-- ----"---_.,,_.._-_._~-_._- Ordinance No. Page 8 SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 14 or 15 above shall be conditioned on the developer complying with the terms and conditions of this section: a. Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the Work. b. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (I) Detailed descriptions of the Work with the preliminary cost estimate. c. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (I) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the Work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the proj ect; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the construction of the project. (7) The developer shall advance all necessary funds to design and construct the project. (8) 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. Any claims for additional payment for extra work /2-.- 2l~ Ordinance No. Page 9 or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. (10) The agreement may provide that upon determination of satisfactory incremental completion of a Facility, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such costs until issuance by the City of a Notice of Completion. (II) the agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Fee for building permits to be applied for in the future. (12) 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 project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Fees required by this ordinance against the City's duty to reimburse the developer. (14) If, after offset if any, funds are due the developer under this section, the City shall reimburse the developer from the Fund either at the time the expenditures are incurred or over time as Fees are collected, at the option of the City, for eligible costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee; or the developer may waive reimbursement and use the amount due them as credit against future Development Impact Fee obligations. SECTION 18. Procedure for Fee Modification. /2. .- 2 7 --.--------..-- Ordinance No. Page 10 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 burdens of the development, may apply to the City Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project, 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 modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Fee. SECTION 20. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation of the Fee attributable to the (Work Alternatively Financed). In this regard, the amount of the reimbursement shall be based in the costs included in the Basin Plan, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. Expiration of this Ordinance. This ordimffise shall be of!!o further force and effeet ';ihe!! tho City COilllcil dotermifles that the amoant of Fees ',','hieh hœ¡e been colleeted reaches an arRouflt equal to the cost of the Facilities.This Ordinance shall be in full force and effect thirtv (30) davs after its adoption. SECTION 22. Time Limit for Judicial Action. /2 -23 Ordinance No. Page II 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-law ªft<?Lthe effectÌ.YJ< date__9f thiLordinance,GevemHH:mt--GOO€-8w~4-9% after the effeetiyc date of this ordiaance. In accordance with Govemmcnt Code Section 66020(d)(I), the ninety-day f\lmlova1.J2£riod to ~hiçlL!2ar!.ie~.Jnill'J?Lotest 12!èginJl12Olu)¡e ~[(<?.cti'{e q,lte ºDhi~__ºI<Jjnª'l'_~. SECTION 23. Other Not Previously Defined Terms. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, 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 as adopted by reference by this City. (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 Proj ect" or "Development" means any activity described in Section 65927 and 65928 of the State Govemment Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. SECTION 24. Effective Date. This ordinance shall become effective siJ¡ty (60) days after its second I readiag and adoptionimmediatelv upon 4/5ths vote. Presented by Approved as to form by Jack Griffin Ann Moore Director of General Services City Attorney /2 . -,.., ~ '" (;.1 .,.. k- I c::: c::: ATTACHMENl A UJc::: UJc:::oð~ z zc::: UJ æ ~~o~ ~~oc:::~ o OUJ >- UJ:I: UJ >-;;: >- C z UJ 1-1- UJ I-UJ- Zz a. z Zw _ 3: wCf.)a...J wCf.)a.a.:J c::: " ,..t:T' J: " ë):J ~z:J ~Cf.) · Z ..J .>0:: C1)~ c:::~w:J c:::~woa:J ~ U " oc::: 3JCf.)I..L. ü Ü..J c::: oc::: ü~ 0 ! W ..... >-0 ü - c::: a:J ü - c::: w w " W (!) w (!) >- w I..L. z Z · g:;;: ~~ ~ ~~w~ ~~UJ>cg · C) (!);;: ~ z;;: ..J:J ~:J -.;" ""') ! Ww - e! 0 ~c:::I-- ~C:::I-UJo Ow w~w ~c::: _0 0 :i: ~ W :2 en ~ (!) ~ Cf.) (!) ~ 8 Cf.) (!) ~ e.Cf.) a.Cf.) I-üen I- üa:J - ii LO - ..J I · , :¡: " I " · , . I ..... ã - C/) I · , I -.;" · · · ii ~ · · 0 ;>.: " I · · I " · ..¡¡¡- 0 cc ;¡ · z LU Z " C/) ~ :!; E-<~~~ Ô~ > ~~~¡z) LU ~~~ ~~ IX: 0 r/1 ~~ - U¡z) U~ C/) ~~ J-Z O~ t)O ~¡z) UJ- J~ Ot) ~O Q.....J , <C I- m w J: ..J >< '" ~ z+ø ü Cf.) 0 W I- ~ I- 0 z /2 -30 ATIACHMENT. 13 Salt Creek Gravity Sewer Interceptor Reaches and Cost Summary Reaches Costs McMillin (Pacific Bay Homes) Reach I $173,613 EastLake Company Reach 2 a $112,199 EastLake Company Reach 2 b $267,660 $553,472 SUBTOTAL SW-219, Phase 4 Reach 3 $1,526, I 07 SW-219, Phase 4 Reach 4 a $2,921,271 $4,447,379 SUBTOTAL 2000 - Constructed wi SDG&E Reach 4 b $390,422 200 I - Constructed wi SDG&E Reach 5 a $287,278 $677,700 SUBTOTAL SW-219, Phase 3 Reach 5 b $1,295,895 SW-219, Phase 3 Reach 6 $973,024 SW-219, Phase 3 Reach 7 $3,222,772 SW-219, Phase 3 Reach 8 a $1,218,959 SW-219, Phase 3 Reach 8 b $1,895,193 $14,284,394 SUBTOTAL SW-219, Phase 3 Reach 9 a $6,115,322 SW-219, Phase I Reach 9 b $7,657,988 REACH 9 SW-219, Phase 2 Reach 9 b' $3,936,373 $17,709,683 SUBTOTAL TOTAL COST OF ALL SALT CREEK FACILITIES $31,994,076 Original Cost Estimate (1994) $18,067,867 Cost of Salt Creek Trunk Sewer (2004) $31,994,076 DlF Portion of Salt Creek (including Reaches I thru 9A) $20,399,716 (14,284,394 + 6,115,322) Cost of Rock Mountain Road Sewer $4,460,000 (WOLF CANYON) Cost of Heritage Road Sewer $1.256.000 $5,716,000 SUBTOTAL Subtotal Cost of DIF Facilities $26,115,716 Total Cost of all Facilities: $37,710,076 (JIIIISalt Creek DIFlFinal S.C. & W.C. Exhibits & Cals.xls; EXHIBIT C) (08/02/2004) /2- -3/ ~.-_._~----.--.----.-..-- .__.~-----_._..,.._,----~._-~-,._-------~----_._- - p·:n ACHMENI c... Construction Estimate for ROCK MOUNTAIN ROAD AND HERITAGE ROAD TRUNK SEWER LINES (Wolf Canyon Trunk Sewer Facilities) Heritaqe Trunk Sewer Item Qtv Unit Unit Price Amount A-1 12" PVC Sewer 1,500 LF $ 110.00 $ 165,000.00 A-2 10" PVC Sewer 3,100 LF $ 90.00 $ 279,000.00 A-3 Manholes 16 EA $ 15,000.00 $ 240,00000 A-4 Overexcavation 1000 CY $ 20.00 $ 20,000.00 A-5 Salt Creek Connection 1 LS $ 75,000.00 $ 75,000.00 A-6 Mob/DeMob/lnsurance/Bonds 1 LS $ 75,000.00 $ 75.000.00 A-7 As Built Plans 1 LS $ 10,000.00 $ 10,00000 A-8 Monitoring & Cleanup 1 LS $ 10,000.00 $ 10,000.00 Subtotal $ 874,000.00 25% Contingency $ 218,500.00 Construction Total $ 1,092,500.00 Soft Costs (15%) $ 163,500.00 Total $ 1,256,000.00 Rock Mountain Trunk Sewer Item Qtv Unit Unit Price Amount B-1 15" PVC Sewer 7,400 LF $ 145.00 $ 1,073,000.00 B-2 Sewer share for pioneering road grading 1 LS $ 212,000.00 $ 212,000.00 B-3 Manholes 25 EA $ 15,000.00 $ 375,000.00 B-4 Access Road 2,000 LF $ 35.00 $ 70,000.00 B-5 Salt Creek Connection 1 LS $ 75,000.00 $ 75,000.00 B-6 Mob/DeMob/lnsurance/Bonds 0.75 LS $ 200,000.00 $ 150,000.00 B-7 As Built Plans 0.7 LS $ 10,000.00 $ 7,000.00 B-8 Monitoring & Cieanup 0.7 LS $ 10,000.00 $ 7,000.00 B-9 Construction Fencing 20,000 LF $ 0.10 $ 2,000.00 Subtotal $ 1,971,000.00 25% Contingency $ 492,000.00 Construction Total $ 2,463,000.00 Soft Costs $ 1,997,000.00 Total $ 4,460,000.00 Road Costs C-1 Earthwork 1 775,000 CY $ 1.25 $ 968,750.00 C-2 Export' 425,000 CY $ 1.50 $ 637,500.00 C-3 Arch Culvert Crossing2 600 LF $ 5,000.00 $ . - C-4 Overexcavation of unsuilable fill 5,000 CY $ 20.00 $ 100,000.00 C-5 Subdrains 3,600 LF $ 18.00 $ 64,800.00 C-6 Drainage facilities 1 LS $ 375,000.00 $ 375,000.00 C-7 Environmental Mitigation 1 LS $ 500,000.00 $ 500,000.00 $ 2.646,050.00 B-2 Sewer share for pioneering road (8% of road costs) $ 211,684.00 1. Represents earthwork quantity to grade road from east side of Wolf Canyon to La Media. Quantity does not include the fill needed within the canyon for the future road crossing I 2. Cost of arch culverts not included. They will be ful~re roadway costs and will not be needed for sewer construction. /2. -32- ¡!=;n::>1 c::: r R. \N r. ¡::yhihit", Jt r.::>I<: vie:" Rnrk I-I<:>nbn.c tn I ::> r..Aørli", Thl':l;h\ tndl?n/?:004 ) ATIACHMENT 'J) CALCULATION OF THE SEWER DIF FOR THE SALT CREEK & WOLF CANYON SEWER BASINS (ROCK MOUNTAIN ROAD AND HERITAGE ROAD) INCLUDES REACH 9A ,REMAINING EDUs IN THE BASIN SALT CREEK SEWER BASIN ESTIMATED TOT AI.. EDUs m TIlE SALT CREEK SEWER BASrn WI'IHD'i BENEFIT AREA 24 692 24,692 EXISTING EDU. IN TIlE SALT CREEK SEWER BASIN (AS OF &'30/04) 5,SOl REMAINING EDUs IN TIlE SALT CREEK SEWER BASIN 19191 WOLF CANYON SEWER SUB-BASIN I ESTIMATED TOTAL EDDs IN nœ WOLF CANYON SEWER BASIN" I 6,477 I 6,477 Based on General Plan for Wolf Canyon Total Basin TOTAL NUMBER OF EDUS I USE I EDIJ'. ESTIMATED TOTALEDUs INIHE SALT CREEK. & WOLF CANYON SEWER BASINS I 15,668 I 15,658 31,169 ~PROJECf COST (por1ion Constructed by City) , SALT CREEK GRAVITY SEWER INTERCEPTOR PROJECf COST , :REACH 3 REACH 4 REACH 5B REACH 6 REACH 7 I REACH 8A REACH 8B REACH9A TOTAL $1 526,107 $ 921271 $1295895 $973024 $3222 m $1218959 I S1895193 $6 115,322 SI9.168.544 ROCK MTN. RD. & HERITAGE RD. TRUNK SEWER ESTIMATED FUTURE PROJECf COST I ESTIMATED COST OF ROCK MTN. RD. TRUNK. SEWERCSI.........NOW;SJ.4A,IOI-FV1't.IRE' S 4 460 000.00 s 3,460,000.001 $1 000,000 ESTlMAlED COST OF HERITAGE ROAD lRUNK SEWER (DEVELOPER CREDIT) $ 1,2S6,OOO.OO ESTIMATED TOT AI... CONSTRUCTION COST (WOLF CANYON SYSTEM) S 5 71 000.00 FUTURE I NOW ITOTAL CITY FUNDED PROJEcrs $23,628,544 I $20,168,.544 OTIIER DIF OBLIGATIONS (p00i0n C~ by OIhm) SALT CREEK GRAVITY SEWER INTERCEPTOR AGENCY REACH AMOUNT LOAN FROM TIlE TRUNK SEWER FUND 4B $390 422 WAN FROM THE TRUNK SEWER FUND SA $217,278 OTHER DIF OBLIGATIONS Sß/7 700 , $677,700 ' ITOTAL CITY FUNDED PROJEcrS (TotII Arnow! to be Fman<cd) = $24"""" I $20.846)44 iAVAlLABLE REVENUE SALT CREEK GRAVITY SEWER BASIN DIF FUND 553 DIF FEES PAID 51 7094 + $1423 947.95 - 52 77 041.95 INTEREST OWED TO TRUNK SEWER ACCOUNT I 51,805.698 J'INANCING COSTS SALT CREEK AND WOLF CANYON TRUNK SEWER PROJECf FINANCING COST S!O,l68,544 + 5677,700 - 52,771,042 + 51 ,698 519,880,900 m;i;.¡ &J.;.;; uoed to CoIculatc_ -....,.- .- -.- ........"....,_.. ..-,'" INTEREST ON 519,880,900 % FOR 15 YEARS OUTSTANDING CREDITS (portion Conmuctod by OIhm) SALT CREEK GRAVITY SEWER INTERCEPTOR ÐEVEWPER REACH CREDIT McMILLIN (pAC1FIC BAY HOMES) 1 $173,613 EASTLAKE COMPANY >A SII 199 $19,168.544; EAS1LAKE COMPANY 2B $267,660 $1,256,000 $677.700j TOTAL OF OUTSTANDING CREDITS SS!3 471 S553 472 !lli.m ; , TOTAL FUNDED BY DEVELOPER CREDITS $1,809,472 TotaIDlF I _ Lobil!'L.,J CALCULATION OF TIlE DIF .......~~·7!~.! FIJTIJRE OTHER DlF AVAILABLE .~._¡y' + OUTSTANDING PROJECT + + CREDITS NEW DlF = COSTS OBLIGATIONS REVENIÆ REMAINING EDUs IN THE B011I BASINS $23,628,544 + $677,700 S2, 771,042 + ;,é\~;ûltq;;i + S~5,698 + 51,809,472 ~ NEW DlF = 25,668 1'<I,lGWPª, .. $M~j)cl J:\ENQlNEER\5EWER\2OD1\SALT CREEK D1F\f1n;I S.C. & w.e. fJfIIIb & CilluB; (ReoriHd T... 4.2b) ".."""",, 1-;) - .';) I __ ::5-, ----. _._...--~.-----------_..._~----- RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE ENGINEER'S REPORT UPDATING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE WHEREAS, in 1994, Wilson Engineering prepared the Salt Creek Basin Gravity Analysis that evaluated the Salt Creek Sewer Basin ("1994 Wilson Study"). Using only available sewer studies and maps, the engineering study recommended the construction of approximately 12.5 miles of sewer line to convey flows from the upstream portions of the Salt Creek Sewer Basin to the existing 72-inch Metro Sewer Line along the coast. This 12.5-mile project was named the Salt Creek Gravity Sewer Interceptor; and, WHEREAS, the Salt Creek Sewer Basin Development Impact Fee was established on December 6, 1994 by Ordinance 2617 to facilitate the construction of the Salt Creek Gravity Sewer Interceptor, which is primarily needed to provide sewer service to properties within the Salt Creek Sewer Basin; and, WHEREAS, since the Salt Creek Sewer Basin Development Impact Fee inception, it has never been updated to reflect new land-use approvals, a more accurate engineering study and design of the required sewer infrastructure and updated costs estimates; and, WHEREAS, City staff prepared in August 2004, the "Update to the Salt Creek Sewer Basin" ("2004 DIF Update"), which purpose is to: (I) Revise the construction cost of the Salt Creek Gravity Sewer Interceptor; (2) Include the construction cost of the Wolf Canyon Trunk Sewer as a Salt Creek DIF facility; (3) Reflect the final design of the Salt Creek Gravity Sewer Interceptor; (4) Reflect the significant difference in the level of staff and consultant resources employed in the project; (5) Reflect the significant increase in the environmental mitigation costs and other associated costs; and, WHEREAS, the 2004 DIF Update shows in detail the cost estimates for the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer and updates the number of equivalent dwelling units (EDUs) within the Salt Creek and Wolf Canyon Sewer Basins; and, WHEREAS, the 2004 DIF Update recommends Ordinance No. 2617 be amended to: (I) Add the Wolf Canyon Trunk Sewer and Reach 9A as additional facilities financed by the Salt Creek Sewer Basin DIF, and (2) Adjust the DIF by amending the Master Fee Schedule to reflect the new rate. /'2 -3t.f - -~-_.._-- _______' ,...._.. '._'OM_" .. ,..____ _ __~._______._._ _._______..._ Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista does hereby accept a report prepared by City staff recommending the addition of the Wolf Canyon Trunk Sewer to the list of facilities to be financed by the DIF and the recommendation to adjust the fee. A copy of the 2004 DIF update is attached as Exhibit A. . Presented by: Approved as to form by: ol^P Jack Griffin Director of General Services J:Attomey/Reso/SewerlSalt Creek DIF - Resolution 81704 /2 -35 EXHIBIT A CITY OF CHULA VISTA ENGINEERING DIVISION WASTEWATER ENGINEERING ~{f? ~ - -- -- -- r __- __ __- ._- ~ -.--.-..-.- - - ----- CIlY OF CHUlA VISfA UPDATE TO THE SALT CREEK SEWER BASIN PLAN August 2004 (08/02/2004) /'2- -Sf;; "M~_____.._...__.._.__'_.___.____._._ CITY OF CHULA VISTA ENGINEERING DEPARTMENT W ASTEW ATER ENGINEERING UPDATE TO THE SALT CREEK SEWER BASIN PLAN Prepared By: Sandra Hernandez, Assistant Engineer Mario J Ingrasci, Assistant Civil Engineer Reviewed by: Anthony Chukwudolue, Civil Engineer Frank X. Rivera, Deputy City Engineer Update to the Salt Creek Sewer Basin Plan August 2004 11 /2 -B7 TABLE OF CONTENTS 1.0 Executive Summary.............................................. ............... ... I 2.0 Project Description........................ ....................................... ... 5 3.0 Project Cost Justification........... .... ...... ....................................... ... 14 4.0 Salt Creek Sewer Basin DIF Analysis ............ ................ .....................18 5.0 Financial Analysis ......................................................................................... 22 6.0 Conclusions and Recommendations ......... ............ ............... ......... 24 Appendices Update to the Salt Creek Sewer Basin Plan August 2004 11l 12 -32 LIST OF FIGURES Project Location............ ............................................................... Exhibit A Cost of the Existing Reaches Constructed by Pacific Bay Homes, Eastlake Co., and SDG&E. .................................. Table 2.! Final Cost Estimate for Reaches 3 through 9.............................. ..... ........... Table 2.2 Updated Cost Estimate for the Wolf Canyon Trunk Sewer... ..................... Table 2.3 List of Facilities ... ........................................................................ Table 2.4 Overall Cost Increases - 1994 - 2004........................ ..... ..... ......... ...... Table3.! Location of Wolf Canyon Sewer Facilities.................................... ...... Exhibit C Absorption Projections For Salt Creek and Wolf Canyon Sewer Basins........... Table 4.1 Revenues Collected by the Salt Creek Sewer Basin DIP. ..... ............. ........ Table 4.2 Future Cost of Money (Interest Determination)......... .............................. Table 4.3 Determination of Sewer DIF................................................ ............ Table 4.4 EDU Conversion Factors for Financial Analysis. ........... ... ..................... Table 5.1 Project Funding Summary............................................................... Table 5.2 Master Land-Use Inventory ....... ............... ................... ..... .... ....... ............ '" ... ..... Exhibit B Update to the Salt Creek Sewer Basin Plan August 2004 IV /2-39 -."... ~,..,_.._.._----~------ APPENDICES Appendix A Salt Creek Basin Gravity Sewer Analysis by Wilson Engineering, November 1994. Appendix B Ordinance No. 2617, Establishing the Salt Creek Sewer Basin Development Impact Fee. Appendix C Summary ofW olf Canyon Trunk Sewer Costs Appendix D EastLake's Construction Costs for Reaches 2A & 2B. Appendix E SDG&E's Construction Costs for Reaches 4B & SA. Appendix F Pacific Bay Homes' Construction Costs for Reaches 1. Appendix G Final Construction Estimate for the Salt Creek Gravity Sewer Interceptor. Appendix H Bid Results for the Salt Creek Gravity Sewer Interceptor. Appendix I EDUs for Salt Creek Sewer Basin and Wolf Canyon Sewer Basin. Appendix J Master Land-Use Inventory Table. Update to the Salt Creek Sewer Basin Plan August 2004 V I z -'1f) 1.0 Executive Summary Purpose ofthe Report The purpose of this report is to update the Development Impact Fee (DIF) established in 1994 by Ordinance No. 2617 to finance the sewer improvements within the Salt Creek Sewer Basin. This report will show in detail the revised costs for the facilities to be financed in the Salt Creek Gravity Basin DIF (i.e. the Sewer Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer). Furthermore, the report shows an update of the number of equivalent dwelling units (EDUs) within the Salt Creek Sewer Basin and Wolf Canyon Sewer .Basin and the analysis, which will form the basis of staff's recommendation for the revision of the DIF. The Update of the DIF is necessary for the following reasons: · To reflect the fmal construction cost ofthe Salt Creek Sewer. · To revise the list offacilities to be financed by the DIF to include Reach 9A and the Wolf Canyon Trunk Sewer Facilities (Rock Mountain Road and Heritage Road). · To provide a detailed explanation for the difference between the original estimated costs, which formed the basis ofthe Ordinance, and the current cost of the facilities. Backe:round In early 1994, the City retained Wilson Engineering to prepare a basin plan with the primary goal of identifying facilities needed to support development within the Salt Creek Basin, and determining a funding mechanism to pay for these facilities. Upon completion of the "1994 Wilson Study"¡ Wilson Engineering identified an alignment for the Salt Creek Gravity Sewer Interceptor, consisting of more than 13.5 miles of sewer line ranging in diameter from 15 inches to 36 inches as the required facility to serve the benefit area (See Exhibit A). The defined benefit area included the area now known as Wolf Canyon Basin. In order to fund the proj ect, the 1994 Wilson Study evaluated three alternatives for establishing a Development Impact Fee. The alternative that was ultimately adopted by the City required the establishment of a "Benefit Area Fee" to fmance the construction of Reaches I through 8 of the Salt Creek Interceptor. It was determined that since Reach 9 of the trunk sewer would be conveying flows from other basins in addition to the Salt Creek Basin, it should be considered a regional facility and therefore, should be a City obligation. At that time, the cost of the whole project was determined to be $18.1 million. Of this amount, $8.2 million (the cost of Reaches I through 8) was used to calculate the DIF and was spread among 28,737 benefited EDUs. The remaining $9.9 million (the cost of Reach 9) was deemed to be City obligation. Based on the I Salt Creek Basin, Gravity Sewer Analysis, dated November 8 1994 2 Ordinance No. 2617, adopted on December 6, 1994 Update to the Salt Creek Sewer Basin Plan August 2004 1 12-'-1/ c:: c:: s¡ , W~ W~cð....... Z Z~ , ~1~> , o ow W åi ~~o....... ~~OC::~ · >-w::r: w >-s: ~l 5@ · >- · C Z s: wool-I- WooI-W~ Zz a.. Z Zw , - W a.. -I w a.. a.. ê3::::¡ ~Z::::¡ «00 c:: ~ Z -I ~ Q)....... c::~W~ c::~wom « · · OC:: Q)OOLL ü üCD ü ü-lW c:: oC:: ü:x:: 0 !! W W ... »0 -0:: -o::w CDW CD>-W LLZ · O::$: ü:::: I I-~W~ I-~W>cð ~~ « CD$: ~Z$: -I::> · C) I- ....>c -I -I CD .q- J ~ Ww ãi ~ 0 «0::1-- «o::I-WO OW W«w ~~ -0 0 :2 ~ W ::i:en enCD~ enCDZ2 enCD~e.oo a..oo I-üoo I- üm - ¡ LO - -I ¡ I · ili · :I: · I ¡ · · . I ".... ~ · - (f) I ! · · I ..,. ! · · 0 · , ¡;;¡ · >= · , I ~ · t · I · · · IJJ ;¡ 0 · ! · W Z · < (f) ~ " E-<~~~ Ô~ > ~~~1:/) W ~~< ~.~ a:: 0 U~~ U~ en ~~ 1-2 o~ üO ~ 1:/). w- J~ °ü 0:::0 a......J ëíi <C 0:: t- I m I i I CD J: å> W 0:: , -I >< I '" « z.~ ü en 0 W i I- ~ l- ii 0 Z 12- -t/2- ---- -----..- - -.....-.- ...._.._---~._.._--_..._-_._-,. ..-....-. cost of the DIF portion of the facility, and the number of dwelling units within the benefit area, the Salt Creek Sewer Basin DIF was established at $284 per EDU. Salt Creek Proiect Status Since then, all reaches of the Salt Creek Trunk Sewer within the DIF have been constructed. Reaches I, 2A, 2B, 4B and SA were constructed by developers and the City at an estimated cost of $1,231,172. Reaches 3, 4A, 5B, 6, 7, 8A, 8B, 9A, 9B and 9B' were recently constructed by the City. Based on a recent analysis performed as part of the Engineer's Report, the overall cost of the project has increased from $18.1 million to $32 million. Inclusion of additional facilities Salt Creek Reach 9A When the Salt Creek DIP was established in 1994, Reach 9 was expected to be a regional facility, since it served other areas in addition to the Salt Creek Basin (i.e. Main Street and Poggi Canyon Basins). To expedite the construction of this trunk line, Reach 9 was further divided into 3 sub-reaches, Reaches 9A, 9B and 9B'. However, through this update, staffhas determined that since Reach 9A, which begins just west of Heritage Road and ends just west of Interstate 805, actually serves only the Salt Creek Basin, it cannot be considered a regional facility. Therefore, the cost of this portion currently estimated at $6.2 million is now recommended to be a DIF obligation. As earlier stated, the overall cost of the Salt Creek Trunk Sewer line is now estimated at $32 million. With this proposed change, the DIF obligation now amounts to $20.2 million; the remaining $11.9 million is the revised amount of the City obligation. WolfCanvon Trunk Sewers The 1994 Wilson Study did not identify the need for any major trunk sewers to serve the Wolf Canyon Basin. Although the properties within the Wolf Canyon Basin were considered in that study to be part of the "Benefit Area", it was assumed that these properties would connect directly to the Salt Creek Sewer via laterals. More recent analyses by various land owners and the City have determined that two additional trunk sewer lines will be needed to serve these properties. One trunk sewer line will be located within the future Rock Mountain Road and the other will be located in Heritage Road. These two lines ("The Wolf Canyon Trunk Sewers") consisting of approximately 15,700 feet of PVC pipe ranging in size from 10 to 15 inches will ultimately connect to the Salt Creek Trunk Sewer. Since the Wolf Canyon Basin is tributary to the Salt Creek Basin, and was included within the Benefit Area, this update recommends the inclusion of these required facilities in the Salt Creek Gravity Sewer Basin DIF, thus distributing these additional costs among all the EDU's within the benefit area. It is currently estimated that the total cost of these additional facilities will be approximately $5,716,000. Update to the Salt Creek Sewer Basin Plan August 2004 2 ¡ 2 -1/3 Fee Calculation When the Salt Creek DIF was established in 1994, the fee was spread amongst 28,737 EDUs within the benefit area. Based on a detailed analysis in the Engineers Report, the remaining number of benefited properties in the basin is currently 19,191 EDUs. Therefore, based on these revised costs, and the updated number of remaining benefited properties in the benefit area, the Salt Creek DIF needs to be increased from $284/EDU to $1,330/EDU (Table 4.4). Cost Increase Elements The main reasons for the increase in the overall cost of the Salt Creek Gravity Sewer which ultimately resulted in the significant increase in the Salt Creek DIF are as follows: (The costs shown are the additional costs not included in the 1994 DIP and are for the overall Salt Creek Trunk Sewer) 1. Changes in planned land-use intensities, which necessitated upsizing of several segments. (+$0.5 Million) 2. Environmental and right-of-way constraints which necessitated the following changes: a. Installation of a Supervisory Control and Data Acquisition System (SCADA) (+$0.5 Million). b. Installation of a dual pipe system to provide redundancy in the system and allow the pipes to remain buried in a section of the pipeline that goes through the MSCP area (+$1.0 Million). c. Establishment of the Preserve Management Endowment Fund (PMEF) (+$1.0 Million). 3. Depth of the Trunk Line -Utility information, which was not available in 1994 when the Wilson Study was prepared, and which later dictated that the pipeline be installed at depths greater than those originally conceived at some locations. This also resulted in a wider trench and the replacement ofa significant amount of paving. (+$2.0 Million) 4. Increased level of Staff and Consultant Resources needed to complete the project (+$3.1 Million). 5. The ENR Construction Cost Index went up 29% between 1994 and today. Accounting for inflation alone, the DIF should have increased from $284 to $366. (+$2.7 Million) 6. Intensity of development activity, - which resulted in more aggressive project schedules and expensive installation strategies that ultimately affected the cost of the project. (+$2.8 Million) 7. Capital Expenditure for the acquisition of a special maintenance vehicle, which was not originally anticipated (+$300,000). Update to the Salt Creek Sewer Basin Plan August 2004 3 /2- tfLj Project changes that only affected the DIF include: 1. The inclusion of additional Salt Creek Sewer Facilities (Reach 9A) as a DIF Facility (+$6.1 Million). 2. The inclusion of Wolf Canyon Sewer facilities (Rock Mountain Road Sewer and Heritage Road Sewer) as a component of the Salt Creek DIF Facilities (+$5.7 Million). 3. A reduction in the number of benefited properties responsible for financing the cost of the facilities. Analvsis and Staff Recommendations Overall costs of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewer were determined using the latest construction cost estimates provided by developers, City staff and consultants retained by both developers and the City. This report recommends that the total construction cost of Reaches I through 9A of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewers be distributed among all benefited properties within the Salt Creek and Wolf Canyon Basins. This recommendation is consistent with the methodology utilized in the 1994 Wilson Study and is the most equitable approach since all properties essentially receive the same service. Based on the analysis set forth in this report, Staff recommends the following amendments: a. To add the Rock Mountain Road and Heritage Road Trunk Sewer lines (Wolf Canyon Sewer Facilities) and Reach 9A to the list of facilities financed by the Salt Creek Sewer Basin DIF. b. To amend the Master Fee Schedule, increasing the fee from $284 to $1,330 per EDU. Update to the Salt Creek Sewer Basin Plan August 2004 4 /2- Lí5" 2.0 Project Description Salt Creek Sewer Basin The Salt Creek Sewer Basin is that area in the easterly part of the City commonly referred to as the "Eastern Territories" and conveys flows mostly from portions of EastLake, Otay Ranch and Rolling Hills Ranch. It also encompasses portions of the Otay River Basin, as wen as portions of the unincorporated area north and east of the Otay Lakes. Furthermore, the Salt Creek Basin as shown in the Benefit Area Map (Exhibit A) also encompasses a smaller sewer shed area known as Wolf Canyon Sewer Basin The 1994 Wilson Report In early 1994, the City of Chula Vista retained the services of Wilson Engineering to prepare a report, which analyzed the sewage flows from the proposed developments in the Eastern Territories, and identify a facility that would serve the tributary properties. In November of 1994, Wilson Engineering submitted a report titled "Salt Creek Basin, Gravity Sewer Analysis" (hereafter referred to as the 1994 Wilson Study; see Appendix A, hereto). This report recommended the construction of approximately 12.5 miles of sewer line ranging fÏ:om 15 inches at the easterly.end to 36 inches at the westerly end. The Salt Creek Trunk Sewer generally begins just west of the Upper Otay Reservoir, then proceeds southerly parallel to the Salt Creek and the Otay Valley Rivers, then turns Westerly along Main Street, continuing under the 1-805 Freeway along Main Street to Industrial Blvd., after which it goes under the 1-5 Freeway and terminates at a junction structure that ties it to the City of San Diego's Metro Sewer line just west of Interstate 5 on Frontage Road. The line was segregated into nine Reaches, which were divided primarily at points of major slope changes and locations where significant amount of sewage flow ITom tributary properties entered the line. Exhibit A, of this update, shows the alignment of the nine Reaches. This 1994 Wilson Study also developed the basis for establishing the Salt Creek Sewer Basin Development Impact Fee to pay for the eastern portion of the Salt Creek Gravity Sewer Interceptor It was recommended in the 1994 Wilson Study that the downstream Reach (Reach 9), which consisted of approximately 27,000 linear feet (5.11 miles) of36-inch main be funded through the use of the City's Trunk Sewer Capital Reserve Fund. The basis for the recommendation was that upon completion, Reach 9 would convey all sewage from the Salt Creek Basin along with the total flow from the Poggi Canyon Basin, the Wolf Canyon Basin and a portion of the flow from the Main Street Sewer Basin. The City later approved the 1994 Wilson Study and the recommendations were adopted by Ordinance. Ordinance No. 2617 On December 6, 1994, the City Council adopted Ordinance No. 2617 (Appendix B) establishing the Salt Creek Sewer Basin Development Impact Fee to provide funding for the construction of Update to the Salt Creek Sewer Basin Plan August 2004 5 /'2 -'(- b Reaches I through 8 (approximately 43,976 linear feet). The DIF was set at $284 per Equivalent Dwelling Unit (EDU). This Ordinance which was based on the 1994 Wilson Study outlined the facilities that would be fmanced by the DIF. Furthermore, it also provided the mechanism for modification and amendment of the list of facilities in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow. In addition, the Ordinance amended Chapter XVI of the Master Fee Schedule, by adding Section C that describes the guidelines for the Salt Creek Sewer Basin DIF. Section C delineates the territory to which the fee is applicable, sets the rate per EDU, states how the EDUs will be calculated, when the fee is payable and authorizes City Council to adjust the fee as necessary to assure construction of the facilities. Furthermore, Ordinance No. 2617 gave developers the option of voluntarily constructing portions of the facilities and set forth the procedure for reimbursement. The Dudek Renort A few years later, when the need for the Salt Creek Trunk Sewer became imminent, City Council on June 8, 1999, awarded a contract to Dudek & Associates for the provision of engineering and enviromnental services necessary to prepare the preliminary design of the "Salt Creek Gravity Sewer Interceptor" (referred to as the "Salt Creek Trunk Sewer"). Utilizing the 1994 Wilson Study as the basis of design, Dudek & Associates analyzed three alternative alignments for the remaining portion of the Salt Creek Trunk Sewer (a portion of the line had earlier been constructed in 1997 as a joint project between SDG&E and the City based on the 1994 Wilson Study). Dudek ultimately recommended an alignment that generally paralleled the Salt Creek and the Otay Valley beginning at the Olympic Parkway Pump Station and terminating at the City of San Diego's Metro Sewer collection system west of Interstate 5 Freeway. In May 2000, Council awarded a contract to Dudek & Associates for the preparation of the fmal design plans for the Salt Creek Trunk Sewer. Since then, the project design has been completed, and the pipeline has been constructed except including the portion that involved micro-tunneling under 1-5. Proiect Detail - Salt Creek Trunk Sewer The Salt Creek Trunk Sewer was designed to convey flows from the developments within the Salt Creek Sewer Basin. However, in addition to conveying flows from the Salt Creek Sewer Basin, a portion of this trunk line will also convey flows from the Poggi and Wolf Canyon Sewer Basins and a small portion of the Main Street Sewer Basin. The Salt Creek Trunk Sewer consists of nine Reaches. Of these nine Reaches, the following portions were constructed at an estimated total cost of $1,231,172: a. Reach I was constructed by Pacific Bay Homes (now McMillin) - FY 1997/98 Update to the Salt Creek Sewer Basin Plan August 2004 6 1'2 -l/ 7 b. Reaches 2A and 2B were constructed by Eastlake Company - FY -2000/01 c. Reaches 4B and SA were constructed by the City as a joint project with San Diego Gas & Electric in FY -1996/97. See table 2.1 for details The City constructed the remaining Reaches (Reaches 3, 4A, 5B, 6, 7, 8A, 8B and 9A) at an estimated cost of $19,168,544, which will be an element of the revised DIF. Reaches 9B and 9B', also constructed by the City, are not included in the DIF. The estimated cost for each of the Reaches 3 through 9 is shown on Table 2.2 The nine Reaches are described below as follows: Reach I Reach I was constructed by Pacific Bay Homes to serve the Rolling Hills Communities. It consists of approximately 4,517 linear feet of 15" PVC pipe. Currently, this pipe terminates at the Otay Lakes Road Pump Station. Based on the cost estimate and addendums provided by Pacific Bay Homes to the City, the total cost of this Reach including construction, inspection and administration was approximately $173,613. See Appendix F for the Final Construction Cost Estimate. Reach 2 Reach 2A Reaches No. 2A and 2B were constructed by the Eastlake Company to serve Eastlake Trails North Community. Reach 2A consists of 2,204 linear feet of 18" PVC. Based on the cost estimate and addendums provided by the Eastlake Company to the City, the total cost of this Reach including construction, inspection and administration was approximately $112,199. See Appendix D for the Final Construction Cost Estimate. Reach 2B Reach 2B was constructed by Eastlake Company to serve Eastlake Trails South community. It consists of2,327 feet of 18" PVC pipe. Reach 2B currently ends at the Olympic Parkway Pump Station. Based on the cost estimate and addendums provided by the Eastlake Company to the City, the total cost of this Reach including construction, inspection and administration was approximately $267,660. See Appendix D for the Final Construction Cost Estimate. Reach 3 Reach 3 consists of 2,391 linear feet (L. F.) of dual 20" PVC and 194 L. F. of single 20" PVC pIpe. Reach 3 begins at the Olympic Parkway Pump Station and terminates at the northerly portion of Reach 4A. This Reach cost $1,526,107. 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CI) I-~ -.... t- I-ZO 0 I- 8 W <IJ :« 0 "'t ~~" a: æUU~~~hU~¡¡~~ihh~" a: Uja: J. ~ ~ 0 a:: I- ~ II.. 0 !Z II: ~ ~ ~ 0 =0 ;¡! t ~ c <i' c:I ~ z;: I- Z 0 C u c _ ¡ ~ g ~ ~ ~ i= @ ~ ~ i ~ ~ ~ ~ 8 !Z ~ M ! ø ~ ~ ~ ~ ~ ~:¡ ~ ~ ~ ~ ~ I: is ~ ~, II:Z=O Cll9lwl-::I~æ-~wCI""ß~o""~ CW::I t: -u.,IEI1f t: III M =~<IJ ~~ :~8t:&§~~~@i~i=~~~~æ~œ §~~~: ~a:: . ~~ E ~a~""«~~!Z 15~w~~~~:=; ~<IJ ~m °õ R :!w~g;§ ~§ ~~ iJ ffi~~~~ ~§ ~ ~ Zo > a:: w~ !;ëw=o::E;- 0 " II: ....~.,¡ o~ 0 'Q @ ~ ¡¡¡88~a: ! <IJ \::! w <IJ::E:!<: 0 , , ~ ~ ~ z~~ u 00 =o""w ' ~ ~~ I u ~ !~ 8 Ii: . fi SlN\ll1nsNOO NOUQn/:llSNOO Reach 4 Reach 4A Reach 4A consists of3,452 L. F. of dual 24" PVC, 562 L. F. of single 24" PVC and 2,310 L. F. 10" PVC pipe. The total cost for Reach 4A is $2,921,271. See Appendix G for the Final Construction Cost Estimate. Reach 4B Reach 4B was constructed by San Diego Gas & Electric (SDG&E) as part of a joint project with the City of Chula· Vista. SDG&E was reimbursed $341,509 for this segment. This Reach consists of 2,608 linear feet of 24" PVC pipe. For the engineering design for Reaches 4B and 5A, the City paid a total of $58,814. Of this amount, $33,883 was exclusively for the design of Reach 4B. These costs are shown in a letter from Village Development (a consultant who worked on the project) dated October 31, 1997. The total cost for Reach 4B, including construction, design, inspection and administration, is $390,422. See Appendix E for the Final Construction Cost Estimate. Reach 5 Reach SA Reach SA consists of 1,919 linear feet of24" PVC pipe and was also constructed by San Diego Gas & Electric (SDG&E) as part of the joint project with the City of Chula Vista. The total reimbursed to SDG&E for the construction of Reach SA was $251,286. The City paid $24,931 for the design services for this Reach. The total cost for Reach SA, including construction, engineering services, inspection and administration, is $287,278. See Appendix E for the Final Construction Cost Estimate. Reach 5B Reach 5B consists of 3,654 L. F. of 30" PVC pipe. The construction cost for Reach 5B is $1,295,895; this cost includes construction, engineering services, inspection and administration. See Appendix G for the Final Construction Cost Estimate. Reach 6 The cost for Reach 6, including construction, engmeenng servIces, inspection and administration, is $973,024. Reach 6 consists of 2,924 linear feet of 30" PVC pipe. See Appendix G for the Final Construction Cost Estimate. Reach 7 Reach 7 consists of 8,420 L. F. of 36" PVC pipe. The cost, including construction, engineering services, inspection and administration, for Reach 7 is $3,222,772. See Appendix G for the Final Construction Cost Estimate. Update to the Salt Creek Sewer Basin Plan August 2004 8 /'2-- 5/ Reach 8 Reach 8A Reach 8A consists of 2,542 linear feet of 42" PVC pipe and has a cost, including construction, engineering services, inspection and administration, of $1,218,959. See Appendix G for the Final Construction Cost Estimate. Reach 8B Reach 8B consists of 3,952 linear feet of 42" PVC; it has a cost, including construction, engineering services, inspection and administration, of $1,895,193. See Appendix G for the Final Construction Cost Estimate. Reach 9 Reach 9 is the final segment of the Salt Creek Interceptor, which connects the system to the existing 72" City of San Diego Metro Sewer Interceptor on West Frontage Road. Reach 9 consists of approximately 26,300 linear feet of 42" and 48" PVC. It is estimated that the total cost, including construction, engineering services, inspection and administration, will be $18,163,774. To expedite the construction of this trunk line, Reach 9 was further divided into 3 sub-reaches, Reaches 9A, 9B and 9B'. See Appendix G for the Final Construction Cost Estimates for all three reaches. Reach 9A Reach 9A consists of approximately of 1,500 linear feet of 42" PVC and 9,400 linear feet 48" PVC totaling 10,900 linear feet and cost $6,115,322 to construct. Reach 9B Reach 9B consists of approximately 14,000 linear feet of 42" PVC and cost $7,657,988 to construct. Reach 9B' Reach 9B' consists of approximately 1,300 linear feet of 42" PVC and is currently being installed by micro tunneling under Interstate 5. It is estimated that the total cost, including construction, engineering services, inspection and administration, will be $3,936,373. Summarv of Contractors Utilized in the Construction ofthe Salt Creek Gravitv Sewer Interceptor To better manage the design and construction of Reaches 3 through 9 of the Salt Creek Trunk Sewer, the project was divided into four major phases (I through IV). Salt Creek DIF Eligible Portions Phase ill, which consists of Reaches 5B, 6, 7, 8A, 8B and 9A, (constructed along Main Street east ofI-805 and within Otay Valley and Salt Creek toward Olympic Parkway) was awarded to Cass Construction, Inc. on August 13, 2002. This phase is included in the DIF obligation. Update to the Salt Creek Sewer Basin Plan August 2004 9 /2-52 -.._'-.-~'~ --,_..,..._._".._-~ Phase IV, which consists of Reaches 3 and 4A (the portion between Phase III and Olympic Parkway) was awarded to Don Kelly Construction on September 4, 2002. This phase is included in the DIF obligation. Citv Obligated Portions Phase I, which consists solely of Reach 9B, (Main Street, between 1-5 and I-80S) was awarded to a joint venture of Hazard Construction Company and TC Construction Company, Inc. on August 22, 2001. A substantial portion of the contract was for pavement reconstruction associated with the pipe installation. This portion of the Salt Creek project is considered a regional facility, was funded with Trunk Sewer Capital Reserve Funds and was not included in the fee revision. Phase II, which is Reach 9B', was awarded to Modern Continental on November 26,2002. This is the only phase of the project still under construction, due to some unanticipated setbacks resulting from the tunneling operation. This remaining portion of Reach 9 was also funded with Trunk Sewer Capital Reserve Funds and was not included in the fee revision. For details of the bid items, see Appendix H. W olr Canyon Trunk Sewers Description The Wolf Canyon Sewer Basin is located within the City of Chula Vista and is the natural drainage Basin for a portion of the Eastern Territories. This basin is located to the south of the Poggi Canyon Sewer Basin and is tributary to the Salt Creek Sewer Basin; therefore it could be referred to as a sub-basin of the Salt Creek Sewer Basin. The Wolf Canyon Sewer Basin extends south of Birch Road and north of Main Street (Otay Valley Road), east of Heritage Road (Paseo Ranchero) and mostly west ofthe proposed State Route (SR) 125 (see exhibit A). Dudek Studv In the early part of 2000, when the City was still in the preliminary stages of planning for the Salt Creek Trunk line, McMillin Companies, one of the developers within the Wolf Canyon Basin, approached the City to begin the effort to plan for the design and construction of a facility to serve the projects within the Wolf Canyon Basin. The intent at that time was to accelerate the planning effort for the Wolf Canyon to be concurrent with the planning effort for the Salt Creek Trunk Sewer. Pursuant to an understanding between the City & McMillin, McMillin agreed to [mance the initial planning and design effort and be reimbursed at a later date when a funding mechanism was established for the facility. To this effect, City Council, on May 2000, awarded a contract for the design of both the Wolf Canyon Trunk Sewer and the Salt Creek Trunk Sewer to Dudek & Associates. The City also retained McGill Martin Self, Inc. (MMS) as the Project Manager for both projects. However, as the planning and design effort for the Salt Creek Trunk Sewer intensified, the project team determined that there was insufficient information on a variety of important issues Update to the Salt Creek Sewer Basin Plan August 2004 10 /2-63 in the Wolf Canyon Basin to continue the planning effort for both projects at that time. Therefore, it was decided that the planning effort for the Wolf Canyon Project would be delayed until the design effort for the Salt Creek Trunk Sewer was completed. In mid 2003 when all the phases of the Salt Creek Trunk Sewer were already under construction, the City focused on the planning effort for the Wolf Canyon Sewer facilities. In October 2003 Dudek completed the "Preliminary Design Report for the Wolf Canyon Trunk Sewer". This Preliminary Design Report explored a variety of options for alignment of a trunk sewer line that would serve the Wolf Canyon Basin. The Preliminary Design Report ultimately identified an alignment for the Wolf Canyon Trunk Sewer, which generally followed a disturbed jeep trail located at the bottom of Wolf Canyon. The City also needed to address some of the earlier concerns raised by the environmental community regarding potential impacts from locating the sewer alignment within the bottom of Wolf Canyon. The alignment identified in Dudek's Preliminary Design Report was primarily within the bottom of the canyon and would potentially have impacted both wetland and upland habitats. Consequently, the City retained HGB & Associates to explore other options for the provision of sewer service to properties within Wolf Canyon. Based on the analysis conducted by HGB & Associates, and City discussions with the property owners in the Wolf Canyon Basin, it was decided that sewer service would be provided to properties within the Wolf Canyon Basin utilizing the following trunk lines: a. Rock Mountain Road Trunk Sewer Line b. Heritage Road Trunk Sewer Line These lines are shown in detail in the attached Exhibit C Proiect Detail-WolfCanvon Trunk Sewers Rock Mountain Road Trunk Sewer Line This is a 15" diameter sewer line which is currently planned to be located generally along the future Rock Mountain Road (approx. 7,400 L.F. of 15") This line will convey flows from portions of Villages 4, 7 and 8. The City is beginning the planning and design effort for this trunk line. It is estimated that this line will be in operation by 2007, and will cost approximately $4,460,000 to construct (See Appendix C - Summary of Wolf Canyon Trunk Sewer Costs - for details). Heritage Road Trunk Sewer Line This is a 10" to 12" diameter sewer (approx. 3,100 L.F. of 10" & 1,500 L.F. of 12") line that will convey flows from portions of Villages 2 and 3. This line is anticipated to be constructed by the Otay Ranch Company either concurrent with the construction of the future Heritage Road or as a Update to the Salt Creek Sewer Basin Plan AuguS1 2004 11 f;') çJ¡ t .:--,.--- ...-~ :maNIÐN3\:r ~.L1VS\I00t\~ rJJ. a:: lI«Y£NÐma e:: 0 S e3 0 I- 0 l- e.. ~ p:::E-- W e.. ø W z.- W 0 CI)e::Ü Ze::Ü ÇIJ °d -we:: 0 ffi OWe:: ~$:W e..$:W E-< µ;"Ü ~wl- xwl- b d e..CI)~ WCl)Z ¡¡: rJJ.< ~ , z , E--µ;.. · I · ~~ · · · 0 ~ dP::¡ ., ~rJJ. Z ~Ô ~.-- - tn <C >. - m 1~ ...1- () > "'-1 'c ~<C ::J þ 0:: .~ w 5 5tn () ~ > w üo 'c C/ ::J :.:: z ~ ::J 0:: l- e () « ~CX) 0 0:: -. - 5 z ~ ..-- ...·_n_ ._ I- ~ :.:: u íJ1 0 ~ () 0:: U :> ~co 5 ~j ~~ E9~ ~ u >< ~ 0 ~ ~ ~ U -- .--. ...... separate facility prior to the construction of Heritage Road, as will be determined by the City. It is estimated to cost $1,256,000, and be operational by 2007. Therefore, the total cost of these facilities, which are needed to provide sewer service to the properties in the Wolf Canyon Basin is approximately $5,716,000, as shown in Table 2.3. Table 2.4 shows a summary of project Costs by Reach. Analvsis ofthe inclusion of the Wolf Canyon Trunk Sewers within the Salt Creek DIF 1. Benefit Area - When the Salt Creek DIF was established in 1994, the defmed benefit area included the area now referred to as Wolf Canyon Basin although it was not specifically identified and termed as such. Thus, the defined benefit area demonstrates that it was always intended that these properties would pay the Salt Creek DIF. 2. Ordinance Provision - Section 4 of Ordinance 2716 allows for the modification of the list of covered facilities. The 1994 Wilson Study did not specifically identify the Wolf Canyon Trunk Sewer as a required facility at that time. However, now that the need for the facility has been established and described in the "Wolf Canyon Sewer Preliminary Design Report", dated October 9, 2003 by Dudek and Associates, it is appropriate and necessary for the Ordinance to be modified to include the Wolf Canyon Sewers. 3. Equality in Service Received - All the properties within the benefit area receive the same benefit by being served with a gravity sewer line from the City. Under the current DIF, every property within Salt Creek Basin including the area defmed as Wolf Canyon Basin receive the same service irrespective of where they connect to the Salt Creek Gravity Sewer. Since the original Salt Creek Development Impact Fee was the same for all properties irrespective of where they were located (either upstream at the most northerly end of the line or downstream at the most westerly end of the line) their cost was the same. Therefore, consistent with the underlying assumptions that formed the basis of the original DIF, this revised fee also reflects the allocation of the cost of the required facilities amongst all the benefited properties pipe network established to serve these properties. Analvsis of the inclusion of Reach 9A of the Salt Creek Trunk Sewer to the Salt Creek DIF When the Salt Creek DIF was originally established, the reaches were defined based on the locations where there was a significant change in grade or at points where a significant amount of flow entered the line. Reach 9 was originally intended to serve areas other than the Salt Creek Basin; therefore it was considered a regional facility and was scheduled to be constructed with public funds (Trunk Sewer Capital Reserve Funds). However, during the course of preparing the design plans for the Salt Creek Trunk Sewer it was determined that Reach 9 could be further delineated into 3 separate reaches, 9A, 9B & 9B'. A review of these reaches showed that Reaches 9B and 9B' both conveyed flows from several basins (Salt Creek, Wolf Canyon, Poggi Canyon, and the Main Street Basins), while Reach 9A Update to the Salt Creek Sewer Basin Plan August 2004 12 /2 -56 TABLE 2.3 Construction Estimate for ROCK MOUNTAIN ROAD AND HERITAGE ROAD TRUNK SEWER LINES (Wolf Canyon Trunk Sewer Facilities) Heritaqe Trunk Sewer Item QrL Unit Unit Price Amount 12" PVC Sewer 1,500 LF $ 110.00 $ 165,000.00 10" PVC Sewer 3,100 LF $ 90.00 $ 279,000.00 Manholes 16 EA $ 15,000.00 $ 240,000.00 Overexcavation 1000 CY $ 20.00 $ 20,000.00 Salt Creek Connection 1 LS $ 75,000.00 $ 75,000.00 MoblDeMob/1 nsurancelBonds 1 LS $ 75,000.00 $ 75,000.00 As Built Plans 1 LS $ 10,000.00 $ 10,000.00 Monitoring & Cleanup 1 LS $ 10,000.00 $ 10,000.00 Su btotal $ 874,000.00 25% Contingency $ 218,500.00 Construction Total $ 1,092,500.00 Soft Costs (15%) $ 163,500.00 Total $ 1,256,000.00 Rock Mountain Trunk Sewer Item QrL Unit Unit Price Amount B-1 15" PVC Sewer 7,400 LF $ 145.00 $ 1,073,000.00 B-2 Sewer share for pioneering road grading 1 LS $ 212,000.00 $ 212,000.00 B-3 Manholes 25 EA $ 15,000.00 $ 375,000.00 B-4 Access Road 2,000 LF $ 35.00 $ 70,000.00 B-5 Salt Creek Connection 1 LS $ 75,000.00 $ 75,000.00 B-6 Mob/DeMob/lnsurance/Bonds 0.75 LS $ 200,000.00 $ 150,000.00 B-7 As Built Plans 0.7 LS $ 10,000.00 $ 7,000.00 B-8 Monitoring & Cleanup 0.7 LS $ 10,000.00 $ 7,000.00 B-9 Construction Fencing 20,000 LF $ 0.10 $ 2,000.00 Subtotal $ 1,971,000.00 25% Contingency $ 492,000.00 Construction Total $ 2,463,000.00 Soft Costs $ 1,997,000.00 Total $ 4,460,000.00 Road Costs C-1 Earthwork 1 775,000 CY $ 1.25 $ 968,750.00 C-2 Export' 425,000 CY $ 1.50 $ 637,500.00 C-3 Arch Culvert Crossing' 600 LF $ 5,000.00 $ - C-4 Overexcavation of unsuitable fill 5,000 CY $ 20.00 $ 100,000.00 C-5 Subdrains 3,600 LF $ 18.00 $ 64,800.00 C-6 Drainage facilities 1 LS $ 375,000.00 $ 375,000.00 C-7 Environmental Mitigation 1 LS $ 500,000.00 $ 500,000.00 $ 2,646,050.00 B-2 Sewer share for pioneering road (8% of road costs) $ 211,684.00 1. Represents earthwork quantity to grade road from east side of Wolf Canyon to La Media. Quantity does not include the flll needed within the canyon for the Mure road crossing. 2. Cost of arch culverts not included. They will be future roadway costs and will not be needed for sewer construction. 12-67 (Final S.C. & W.C. Exhibits & Cals.xls: Rock,Heritage,to La Media_ TbJ3a) (08/0212004) -----------.-.- -..--"--..- - ~.._...-_._.~. exclusively served properties in the Salt Creek Basin, hence the reason for the recommendation to include that portion of the Salt Creek Trunk Sewer as a DIF facility. Table 2.4 List of Facilities SALT CREEK TRUNK SEWER PHASE REACH LENGTH COST I 4,517 LF $173,613 2A 2,204 LF $112,199 2B 2,327 LF $267,660 IV 3 2,585 LF $1,526,107 IV 4A 6,324 LF $2,921,271 4B 2,608 LF $390,422 SA 1,919 LF $287,278 III 5B 3,654 LF $1,295,895 III 6 2,924 LF $973,024 III 7 8,420 LF $3,222,772 III 8A 2,542 LF $1,218,959 III 8B 3,952 LF $1,895,193 III 9A 10,903 LF $6,115,322 I 9B 14,010 LF $7,657,988 II 9B' 1,329 LF $3,936,373 WOLF CANYON TRUNK SEWERS Rock Mountain Road Herita e Road IZ-6g Update to the Salt Creek Sewer Basin Plan August 2004 13 3.0 PROJECT COST JUSTIFICATION A re-evaluation of construction costs has been made, and as described below, it shows that the project cost estimate on which the DIF was established in 1994 has increased significantly. Therefore, the current fee will not be sufficient to reimburse the Trunk Sewer Reserve Fund used finance the construction of the Salt Creek Gravity Sewer Interceptor and the Wolf Canyon Trunk Sewers. The main reasons for the increase in the cost of the Salt Creek DIP Facilities and consequently the DIF Fee are as follows: 1. Land-Use Changes The City's design standards for the construction of sewer lines greater than 13 inches diameter requires these sewer lines to be designed such that the sewage flows at a depth no more than 75% of the pipe's diameter when conveying design flows. This guideline provided the basis of the preliminary sizing of the facility identified in the 1994 Wilson Study, which formed the basis of the DIF. The Wilson Study also distributed the cost amongst the benefit area based on the available information on the land uses for the various projects. Since then, the land-use projections for development within the entire Salt Creek Sewer Basin has changed significantly from the assumptions made in 1994; several projects within the Basin have now been developed, and some were approved at densities higher than what was originally contemplated in the 1994 Wilson Study. Consequently, this mandated a revision of the hydraulic analysis for the system. A hydraulic analysis "Salt Creek Interceptor Sewer - Hydraulic Basis of Design Report" dated April 2003was prepared by Dudek & Associates as part of the project design This Report was the basis of the City's decision to increase the diameter of the trunk line within several reaches of to comply with the City's Design Standards. 2. Enviromnental and Right-of-Way Constraints a. Enviromnental and right-of-way constraints, which were not originally anticipated, led to the realignment of the pipeline through additional segments of Main Street. During the planning stages of the Salt Creek Gravity Sewer Interceptor, some members of the enviromnental community expressed concerns regarding potential impacts to sensitive biological resources along the alignment being considered for the Salt Creek Trunk Sewer. That alignment was shown in the Preliminary Design Report for the Salt Creek Gravity Sewer Interceptor prepared by Dudek & Associates dated January 2001. The area of concern was primarily in the upper reaches of the Salt Creek Canyon within Reaches 3 & 4 and in the lower portion of Reach 9 west of Hollister. To address some of these concerns, the Trunk Sewer was realigned to avoid (as much as possible) impacts to natural drainage systems, wetlands and upland habitat. 1'2 --5"9 Update to the Salt Creek Sewer Basin Plan August 2004 14 b. Furthermore, the environmental community was also concerned about the impacts of human activity within the Preserve along the path of the alignment (specifically within portions of Reaches 3 & 4); to address their concerns, these Reaches were designed as dual-pipe systems with a Supervisory Control and Data Acquisition System (SCADA). The dual pipe system will provide redundancy in the system and allow the pipes to remain buried in that section and negate the need for routine maintenance. Moreover, the SCADA system will allow remote monitoring of the entire pipeline, and has the ability to alert the City in the case of an emergency. c. In addition to these proj ect features, a contribution was made to the Preserve Management Endowment Fund (PMEF) following issuance of the City's Section 10(a) permit under the Federal Endangered Species Act. This contribution of $1,000,000 was required as a part of the Salt Creek Gravity Sewer Interceptor project. The Salt Creek Trunk Sewer is a planned facility through the preserve and the funds will be utilized for preserve restoration and maintenance. For a complete account of the environmental concerns and recommendations made by the environmental community and a full explanation on how they were addressed by the City, please refer to the "Final Program Environmental Impact Report - Salt Creek Interceptor Sewer and Wolf Canyon Trunk Sewer", prepared by Dudek & Associates dated June 2001. 3. Final Depth of the Trunk Line Utility information, which was not available in 1994 when the Wilson Study was prepared, later dictated that the pipeline be installed at depths greater than what was originally conceived. Consequently, the deeper pipeline resulted in wider trenches leading to additional reconstruction work along Main Street. It is important to emphasize that the findings and recommendations made in the 1994 Wilson Study were based on available reports and maps (USGS, 2000-scale and 7.5-minute series quadrangle maps were used to estimate the minimum slope and the natural topography of the area). The 1994 Wilson Study does not make any reference to any geotechnical reports used in the preparation of the study. The final construction plans for the Salt Creek Gravity Sewer Interceptor prepared by Dudek & Associates (for Phases I through IV) clearly show the final depths of the pipe. 4. Required Level of Staff and Consultant Resources The project has required a greater level of consultant and staff resources to prepare design plans, manage the project and provide legal consulting services such as for right of way acquisition that were not originally anticipated. Based on the feedback from the environmental community regarding the potential negative impacts to the biological resources and how to mitigate them, the City determined that it would be prudent to retain additional consultants (i.e. environmental j2--6tJ Update to the Salt Creek Sewer Basin Plan August 2004 15 consultants, land surveyors, geotechnical engmeers, legal counsels, right-of-way acquisition consultants), to assist City staff in the completion of the project. Furthermore, to coordinate the efforts of the consultants, City staff, public agencies, contractors and the development community, it was necessary to retain an engineering consulting fIrm to provide project management services. 5. Updated Cost Estimates The adopted Salt Creek Sewer Basin DIP was based on an engineer's estimate, which in turn was based on the cost of the various components as of 1994. However, since then the Engineering News Record (ENR) Construction Cost Index has changed by approximately 29% (from 5439 in December 1994 to 7017 in April 2004). This proposed DIF update is based mostly on the actual construction and administrative costs. The City has already received bids, awarded all the phases and constructed most of the Salt Creek Gravity Sewer Interceptor. As a result, actual costs are being used to determine the [mal cost of the project (for bid results, see Appendix H of this report). The Wolf Canyon Trunk Sewer Facilities are in the early planning stages; therefore, the construction cost is based on the project engineer's estimate. Refer to Table 2.3 and Appendix C of this report for the engineer's estimate. 6. Intensity of Development Activity The pace of development activity within the City, the importance of the project for the continuation of development and the fast pace at which existing sewer facilities were approaching threshold capacity, resulted in aggressive project schedules and expensive installation strategies that ultimately affected the cost of the proj ect. In addition to the overall increases in the cost of the Salt Creek Trunk Sewer there were other factors 7. Cost of Maintenance Vehicle The City will be purchasing a sewer maintenance vehicle capable maintaining the sewer main in its off-road location while being sensitive to surrounding environment of Salt Creek and the Otay Valley. Currently the City does not have one. This vehicle will be used exclusively for the maintenance of these DIF facilities. 8. Reach 9A has also been included as a Salt Creek DIF Facility Reach 9 was divided into 3 sub-reaches, Reaches 9A, 9B and 9B' prior to construction. Reach 9A. The most easterly portion benefits only the Salt Creek Basin and is not considered to be a regional facility. Only Reaches 9B and 9B' can be considered regional facilities. Therefore, only those two reaches are recommended to be financed by the Trunk Sewer Capital Reserve Fund in accordance with the provisions of Section 3.14.010 l.z- 6/ Update to the Salt Creek Sewer Basin Plan August 2004 16 _ _____w·. of the Municipal Code. The cost of Reach 9A, $6,115,322, has been included as a DIF facility. 9. The inclusion of the Wolf Canyon Sewer Facilities as a Salt Creek DIF Facility The Wolf Canyon Facilities, Rock Mountain Road Trunk Sewer and Heritage Road Trunk Sewer, were not originally contemplated in 1994 when the Basin Plan was prepared and is now being included as a covered facility within the DIF. 10. The reduction in the number of remaining benefited projects. Since the DIF was established in 1994, approximately 5,501 EDU's have been completed within the basin. There are approximately 19,191 remaining EDü's to pay back the DIF. TABLE 3.1 OVERALL COST INCREASES - 1994 TO 2004 ELEMENTS OF COST INCREASE Cost (Million) Original Overall Cost Estimate (1994) 18.1 I Upsizing Segments 0.5 2a SCADA 0.5 2b Dual Pipeline 1.0 2c Endowment 1.0 3a Increased depth of sewer and pavement reconstruction 2.0 4 Increased Need for Staff & Consultant Resources 3.1 5 Construction Cost Index (29%) 2.7 6 Intensity of Development 2.8 7 Maintenance Vehicle 0.3 Total Overall Salt Creek to Date (2004) 32.0 12--02- Update to the Salt Creek Sewer Basin Plan August 2004 17 4.0 SALT CREEK SEWER BASIN DIF ANAL YSIS Methodolo!!V The Salt Creek Sewer Basin Development Impact Fee was established on December 6, 1994 by Ordinance No. 2617 and was based on the 1994 Wilson Study. The fee was determined by spreading the cost of the facility amongst the properties within the benefit area. This update utilizes the same methodology. A re-evaluation of the cost of the facilities has been made, and the number of remaining dwelling units has been determined. The revised fee was determined by distributing the revised total cost of the required facilities amongst aU the properties within the benefit area. There were five main factors that were determined in the calculation of the DIF, and they are as foUows: 1. Remaining EDUs in the Basin Benefited EDU's within Salt Creek Basin Since the completion of the 1994 Wilson Study, the land use within the Salt Creek and Wolf Canyon Sewer Basins has changed considerably. For instance: the 1994 Wilson Study estimated a total of 28,737 EDUs within the Salt Creek Sewer Basin; now, having the most current land-use projections of the Eastern Territories, it is estimated that the entire Salt Creek Sewer Basin, including the Wolf Canyon Sewer Basin, will have 31,169 EDUs at build-out. Approximately 5,501 EDU's have already been constructed. The difference in build-out proj ections results from the fact that when the 1994 Wi/son Study was prepared, the projections were based on the approved General Development Plan. Since then, development has proceeded through a more detailed level planning process with several changes taking place. The remaining undeveloped areas also have refined plans that differ considerably from the approved GDP resulting in increased densities. A major component of this 2004 Update is the review of the Sewer Basin boundary for the entire Salt Creek and the update of the remaining number of equivalent dwelling units (EDUs) within the Basin using available information of the construction activity within the Basin since the 1994 Wilson Report was approved. To determine the build-out EDUs within the Salt Creek and Wolf Canyon Basins, sewer studies, improvement plans and the Master Land Use Inventory Table, categorized by Traffic Analysis Zone (TAZ) were used. It is important to note that the updated numbers of ED Us for Wolf and Salt Creek are estimates, since most of the southerly portion of the Salt Creek Sewer Basin and most of Wolf Canyon Sewer Basin are not yet mapped. Appendix J shows the Master Land-Use Inventory table and Exhibit B used to determine the number of ED Us within the Basin. Appendix F shows the tables with the breakdown 1'2 -&3 Update to the Salt Creek Sewer Basin Plan August 2004 17 of the sewage flows generated within the Salt Creek Sewer Basin and Wolf Canyon Sewer Basin for each Development located within the basin limits. Existing Development Salt Creek Basin After a review of building permits it was determined that as of June 30, 2004 development totaling 5,501 EDU's are completed or under construction within the Salt Creek basin. These EDU's have been excluded from the total number of benefited properties used to determine the new DIF. University Site In determining the remaining EDU's within the Salt Creek Basin, the University Site was given special consideration. Although its ultimate use could change, it is currently estimated that if the site is developed as a university it could generate 5,973 EDU's. Since the university would be part of a State agency and if the entire site developed as a university it is likely that the City will be unable to collect any DIF fees (5,973 EDU's @ $1,330 = $7,944,090). Since revenue generated by the Salt Creek DIF is used to repay the Trunk Sewer Capital Reserve Fund, this amount may not be repaid to the fund. Furthermore, the General Plan Update, which is currently underway, contemplates a possible reconfiguration of the University Land Use along with mixed-use residentiaVcommercial opportunities and possible residential uses for student and/or faculty housing, which could result in more revenue to the DIF. Wolf Canvon Basin No development has occurred in the Wolf Canyon Basin, so no DIF has been collected from this area. However, construction within the basin is expected to start within I year. A total of 25,668 EDU's (31,169 less 5,501) will be used to determine the DIF payment. Table 4.1 shows the absorption rate for the remaining EDU's in each basin. 2. Project Costs The future cost of the proj ect includes the costs of: construction, engineering, environmental, acquisition of right-of-way, legal counsel, construction inspection and administration costs. Salt Creek Gravitv Sewer Interceptor Proi ect The overall project cost based on Table 2.2 and is estimated to be $31,994,076. The DIF's liability is $20,399,716. /2 -é,,'f Update to the Salt Creek Sewer Basin Plan August 2004 18 BU!U!BWa~ ooaaaoooco~~o.~oaoo 0 Bu!u!ewa~ eooaoo§:§: I_.L s::1 2! :ð ~ ~ sa :;¡: '" ~ 0 ¡~ "" ;:: !I! 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LOO< ê§ê~~ ~~_ - - .... .e soœ ~~ ¡¡¡ ~ soœ :;¡:;¡~ ø ~ ~ Co soœ s< sa Ii! 8 ",,'ll '" g;¡ soœ g;¡ "" N... " I:,; - _ :¡:; r',';..... or= o f"... ~ .~ I>(()¡ Ii!~ê ~ I; fi~ ì§~ voœ¡l ì§ Š à: Sl!un ~ª!i!~$~~~~~~~t¡~m"'OO~~~ S¡!Un ~2~~::o~i8 I 6U!U!BWÐ~ ~ ~ ....: ....: fri Ñ ,C\Ì :"':1 .. ai I ~ ðu!U!BWa~ ....: ("f CD- ui _ C ' ,,", - '" ~ o papu¡su<>:) '" _ !II <D Fs '" '" -! pe¡:>ru¡suoo _ ~ :.¡:; :g~<iSI{? ~~ :ñcn 1"'1 I~ i a. JPElJP.WJ9d ~ oy..- Ilf "C ¡pemWJed I.t'f ~ ~ ¡ - o "'o~~~se-~~g.~ ....~2~ ~~ ~-::J:~- ~m ~ UJ sp.un IBJO.L ~. ~ CD - ~ C4. ~ ~ ìò. 11J. ~ ~ :; us OJ ~ ãSd~ sp,un IBJO.L ;;¡: ~ ;;¡: ~ :::. ~ ...... :: ..c ......N N't"'" .....(I)NW~ oy....,.1oIoo .....(1) CD_ .11JI « "'e ~ u S ~ ¡¡ _.;1\:" ~ ¡¡ ! ~ ~ 'ê' uS¡ ~,,)' ~-" e"ê' ' o/J ;!j -"a. ö<: i,'",. ill 8 Ia. ~ u cj ~~ ~ÌìI"ii !'i,' ~)-o:: e~ '" (/J . u'~ iis"§ ~ ,Ii" ~~ ~'õ ð~ ¡j!~¡ "~ ~ :¡¡ ~ ~ 5 ~ C/J ..' 1/',; :,__' ~ ~ -.5 15 ~ ..... z g is d WID = 0 I :C'? ,iÓfO ID aðr__ . :¡p ::: jU! ~ :: ~... '" '" S!,~I~ I §~ .1!.1! ~ g :Š::¡p ¡~ "'...... ~ ~ = ~ "1.;:1 j,. " ,,J " "ñ~m¡ .. ".þ =~ " " " < .. 5 :i ¡; .mlj.s _''!!'_.s!''! fÅ ¡ :;:! en 5 ..!! _ J! 0 ~ ~ o .. h JJ - _1,!1,f1~'", "" "".- .. g¡ ¡¡ "';~~~5= _5::> 0 _ ",wwID55551>'>'S:I:"~.>::¡;UjUj U :::I~I W I!:;. / /? /. r"ë ¿;. -/:.7::;¡ " _.___."..______ u_ ___n.._""..__ _u______.__ __,._._~.~_...__'''''___.__._,,_______~_ WolfCanvon Trunk Sewer Proiect The Wolf Canyon Trunk Sewer Facilities are still in the preliminary design stage, so the current construction cost estimate is based on preliminary indications of what the project would ultimately cost. The City may need to update this cost upon completion of the Trunk Line (or should sufficient information indicate that the fee needs earlier adjustment). Table 2.3 shows the most current estimate for this project for $5,716,000. 3. Outstanding Credits Based on the provisions of Sections 15 and 16, of Ordinance No. 2617, a developer who agrees, or is required as a condition of approval of a development permit, to construct a segment of the facilities would be entitled to receive a reimbursement or credit at the City's option. Salt Creek Gravity Sewer Interceptor As mentioned above in Section 3 of this report, Reaches I, 2A and 2B were constructed by Pacific Bay Homes and the Eastlake Company. From the information provided by the developers, it is estimated that the outstanding credit for Pacific Bay Homes for constructing Reach I is approximately $173,613. It is estimated that the Eastlake Company will be credited approximately $112,199 for constructing Reach 2A and $267,660 for Reach 2B. Refer to Table 2.1 for the summary of the costs for the existing Reaches. Wolf Canvon Trunk Sewer Proiects Since none of the Wolf Canyon Facilities has been constructed, there are currently no outstanding credits for those· facilities. However, in the future, Otay Ranch will construct the Heritage Road Trunk Sewer and will seek reimbursement upon completion of this facility. Also, the McMillin Companies may also seek reimbursements for the costs incurred to date for the preliminary engineering completed on the project, which they funded. It is currently estimated that this amount is approximately $414,000. 4. Other DIF Obligations Salt Creek Gravity Sewer Interceptor Proiect Reaches 4B and 5A were constructed by the City, with a loan of $677,700 from the Trunk sewer Capital Reserve Fund. This loan will need to be repaid in the following years. /2-6rb Update to the Salt Creek Sewer Basin Plan August 2004 19 Wolf Canvon Trunk Sewer Project There are no other obligations for this project. 5. Available Revenues Salt Creek Gravitv Basin DIF Revenues As of June 30, 2004, the City has collected $1,347,094 in DIP fees for the construction of the required facilities. In addition, the fund has earned an additional $1,423,948 in interest both on the fees collected and the loans made to the Fund from the Trunk Sewer Capital Reserve Fund. Table 4.2 shows the amount collected since the inception of the Salt Creek Sewer Basin DIF. TABLE 4.2 REVENUES COLLECTED BY THE SALT CREEK SEWER BASIN DIF ($284/EDU) Fiscal Year DIF Payments Interest Earned 1994/95 $8,633 $14.00 1995/96 $15,904 $654.76 1996/97 $80,258 $3,716.60 1997/98 $71,310 . $7,694.21 - 1998/99 $88,892 $13,719.39 1999/00 $107,011 $18,742.74 2000/01 $161,403 $261,376.27 2001/02 $106,942 $663,957.56 2002/03 $280,129 $351,541.31 2003/04' . $426,612 $102,531.11 Total $1,347,094 $1,423,947.95 Total Balance Including Interest: $2,771,041.95 . As of 6/30/04 LOANS FROM THE TRUNK SEWER CAPIT ALFUND TO SALT CREEK DIF INTEREST OWED TO Fiscal Year LOAN AMOUNTS TRUNK SEWER FUND 2000/01 $7,585,500 $219,314.05 2001/02 $1,300,000 $485,677.99 2002/03 $2,524,596 $537,178.60 2003/04' $563,527.43 Total $11,410,096 $1,805,698.07 /1.. -t:, 7 Update to the Salt Creek Sewer Basin Plan August 2004 20 .... '.-.- -._~---.._. ..' ',- -,-_._--,~_._..,.,,- .. ,-"._-_..----_..,,- ----- 6. Fiuancing Costs The financing cost is the total amount of interest due on the amount borrowed to fund the facilities. This is the interest due on the amount to be financed. This takes into consideration revenues earned by the DIF, and interest accrued on funds borrowed from the Trunk Sewer Fund (for detail see Tables 4.3 and 4.4) Revised DIF The new Salt Creek Gravity Basin Development Impact Fee was determined by taking the cost of all the required facilities (Reaches I through 9A of Salt Creek Trunk Sewer, the Rock Mountain Road Sewer and the Heritage Road Sewer) and spreading it equally amongst the benefiting properties. . Table 4.4 shows the distribution of the funds and how the DIF for the properties within the "Benefit Area" was determined. Based on these the new DIF amount would be $1,330/EDU. /2--t:,2 Update to the Salt Creek Sewer Basin Plan August 2004 21 (")·IOCOr---(QQJO_("I,I(f)"Q'1C)CO"-Q)O) O~OOOOO"l"'""_"I"'"""I"'"""I"'""_"I"'""___ a:: 00000000000000000 ~ N~C\I(,\NNNNNNNNNNNNN ~ ....:;¡ 0c.. 00000000000000000 ~N 1C)1C)1C)~~~~~~~~~~~~~~ ~O ~ æœaœœœœœœœœœœœœœœ cN w_ ~~~1C)1C)~1C)1C)1C)IOI01C)1C)1C)1C)1C)1C) ~_ ~- NNNNNNNNNNNNNNNN~ Õ wO _'''''""_______________ WW ~~ØMMØØØØ"M0MMMfiM lL CJ) ~ ~ œwøœœœœmøØøøœøø ~ - ~~~~~~~~~~~~~~~øøø - "'0 000000000000000::>::>::> ~ ~ ~~ WWWWWWWWWwwwwwwCca Z,.... a E (I) O""'COCOf'.MC")""''''OT'""QO''Q''VLUww ~ w œ~ IO"I"'""NNMCDMr---IO"I"'"".V"Q'NNCO(Q(Q o ~ a D:::Q coa(Q<O(QIOV(Q(QNQ)a(QœlOm~~ - u.: ~ W 1C)1C)MNOaJCOM0(Q1C)"Q'N__CO ~ ~ NNNNN____ c( n: ... ..... - Z!LJ 01- - ~ . g~ -0'0..:- (Q :e I.U r;; g~ ~~~ $!ggg~:::~~~O;~~gN~g~~O æ ~ CI) <ð a C Q) :J ~.. ...... N r-.. ("II 'I"'"" 10 <0 ..., ..... OJ '¢ ex) <0 W.... 0> C\lw 'õ'Ec CO................NNNMNN__ ~ ). 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C">iO'I"""'I"""COO)CDaJ,....C")VV......CDN .c .c j O n: zOzz~ NN~CDONO....."'''''''CDCDCD''''''ô "C"C '-'0 o~ œ......vO'l""".Il)OCDNo......v......OLC)C"II"'" œ w o ~~~~ ~~~~~ß~~~~œ~~~~~~ ¡ ¡ W + ~c~>- C")_lOoœ......CDœLONv;:!......M('I')CD:£~ (; (; ~ ~ww< oOOO'l"""œ""'iONœCOVMN'I"""ø- c c ... ~ o~>-a. zt£:t~~~E;~f;""M(fl0fi0 ã) G) :J LIJ -,o g g I- lU . ..\1!..\1! :J n: ÆÆ ILO 1! "" E ~ = .... ~ 'õ'õ ...... 't.! ('I') v("II-œœoaJo"'....!e.........o"'ooC"> ('1)1' "'C"'C ~ CD=< NV......ION('I')O u.>'I""" 'l"""œ c c CIj æ ~13 acomo ""'OtON'I"""VO......OM""'O w W ~~m ,....CX)NCX)~LC)......COtOaJ'I"""...,.œaooø . I =CI)~ CD œ......U)(])0(iU)C")aJVNNtO'I"""œ"ll:f I' ,.... i"'C~ ~ ~mam""'0~~~~~~f;;;;øø ~~ lL:g~ a:: .,. ¡g¡g f~cn h ~ it it cnsio ~s ~ . . c ~.... .. ~~cr:: 'õm - ~ ø ~~ 8, êii.s & ie o~ O'l"""NMvtOCC ~ ~ o~m .cf!!!~ Ow C)'I"""NC">VLC)CC......COO).....'I"""'I"""'I"""'I"""'I"""'I""" ~ 0 ::!:o:e EmCD~ z> en z (Ø 0 CD ~ CD > W cna::I z~< /2-G1 TABLE 4.4 CALCULATION OF THE SEWER DIF FOR THE SALT CREEK & WOLF CANYON SEWER BASINS (ROCK MOUNTAIN ROAD AND HERITAGE ROAD) INCLUDES REACH 9A REMAINING EDU. IN TIlE BASIN SALT CREEK SEWER BASIN . ESTIMATED TOTAL EDUs!N TIm SALT CREEK. SEWER BASIN wtIHll'-IBENEFTf AREA 24 692 24,692 EXISTING EDUs IN TIm SALT CREEK SEWER BASIN (AS OF 613(104) , SOl 0 C·C REMAININGEDtrs INTHB'SALTCREEK SEWERBASIN '.' 19:'191'" WOLF CANYON SEWER SUB-BASIN I .... ES'TJMA.TED TOTALEDUsIN mE WOLF CANYON S}lWER BASIN"'· 1..6,477 .··..1 6,477 Based on GenemI. P!an for Wolf C8nyon Total Basin TOTAL NUMBER OF EDUS .·..·.I....,'25,_.,,~,'-',Ujj(id EDtJ'. '·ESTIMATED TOTAL'EDUs·Il'iTHESAL1',CREEI( &: WOLF CANYON SEWER BASINS ,,'; 31.169 PROJECT COST (portion Conmuctcd by City) SALT CREEK GRAVITY SEWER INTERCEPTOR PROJECT COST REACH3 REACH4ÁTREACHSBT REACH6 J REACH7T REACHBA -T REACH 8B 1 REACH9A 1 TOTAL 51S26 1071" 921 271 5129'89' r 5973024 I 53""" m 1 $1218919 I 51 895 193 I "'115322 1 S19 168 44 ROCK MTN. RD. & HERITAGE RD. TRUNK SEWER ESTIMATED FUTURE PROJECT COST I ESTIMATED COST OF ROCK MTN. RD. TRUNK SEWER tSl.000.....NOW; 51,_.000. J1JT1J1Œ\ $ 4 460 000.00 I 3,460,000.00 I 51 000 000 ESTIMATED COST OF HERITAGE ROAD TRUNK SEWER (DEVELOPER CREDIT) 5 1,256,000.00 ESTIMATED TOTAL CONSTRUCTION COST tWOŒ CANYON SYSTI'M\ $ , 711<000.00 FUTURE I NOW ITOTAL CITY FUNDED PROJEctS $23.628.'44 I 520,168,544 OTHER DIF OBUGATIONS (portion C-.I by 01her0) I I SALT CREEK GRAVITY SEWER ~RCEPTOR I I I I AGENCY REAl' AMOUNT I I $3Q0422 I I LOAN FROM TIŒ TRUNK SEWERFUND 4B I I LOAN FROM THE TRUNK SEWER FUND 'A $287,278 I I OTIIER DIF OBLIGATIONS $677 700 I $677.1001 ITOTAL CI1Y FUNDED PROJECTS (Total_to be F""""'¡)- S24,JI<,>U I I I I $20,846.2441 I I AVAILABLE REVENUE I I I I SALT CREEK GRAVITY SEWER BASIN DlF mIND 553' I I DIFFEESPAID SIU70941 + $1423 947.9' II""""'" 52 771 041.95 I I - I I INTI1;REST OWED TO TRtJM¡'SEWERACCOtJN"r FINANCING COSTS I SALT CREEK AND WOLF CANYON TRUNK SEWER PROJECT FINANCING COST I I S20.168,544 + 5677,700 - 52,771,042 + 51,805,698 - 519,880,900 T~-;iB~~d;Ca1cu1atcIn1crest ------------------ INTEREST ON $19,880,900 % FOR 15 YEARS OUTSTANDING CREDITS (portion c"""""'¡ by Othm) SALT CREEK GRAVITY SEWER INTERCEPTOR DEVELOPER REACH CREDIT McMILLIN (pACIFIC BAY HOMES) 1 $173,613 EASTLAKE COMPANY 2A 511''-199 $19,168,544 EASTLAKE COMPANY 2B $267,660 r $1,2'6,000 $677.700 TOTAL OF OtITSTANDING CREDITS SS53 471 I 5553 472 J,j,jJ.ß! ITOTAL FUNDED BY DEVELOPER CREDITS SI,809,471 TotalDIF Liobili , CALCULATION OF THE DIF $20.399.716 FUTURE OTHERDIF AVAILABLE OUTSTANDING PROJECT + OBLIGATIONS REVENUE + + CREDITS NEWDIF - COSTS REMAINING mus IN THE BOTH BASINS ~ +S1~S~ + !N~. DIF - 523,628.544 + S677,700 52,771,042 + $1,.809,471 .. ~,. ",,"' ; '15,668-, "::¡"i,-j-""!;,, "i:,,",' ';"";'.~' ":';',"":;', _~<\NB¡ij ~~~WEl1-mI1¡~I~§f;S1.l J:lENGINEER\SEWER\2001\SALTCIUŒK Dlf'AIIII S.c, & W.C. EdIitI &CiI~; (RMed T.......2b) -> /2- 70 5.0 FINANCIAL ANALYSIS EDU Conversion Factors For fmancial analysis, the land-uses for each property are converted to Equivalent Dwelling Units (EDUs). Table 5.1 shows the EDU conversion factors for financial analysis, based on the sewage flow rate of 265 gallons per day, as established in the City of Chula Vista's Subdivision Manual. Residential - SFD 1.00/DU Residential- MFD 0.75/DU Commercial/Industrial 9.43/acre High School 0.08/student Junior Hi School 0.08/student Elementary 0.06/ student Park 1. 89/acre CPF 9.43/acre gpd: gallon per day CPF: community-purpose facility SFD: single-fanrily dwelling Construction Fundinl! Salt Creek Gravitv Sewer Interceptor The construction of the Salt Creek Gravity Sewer Interceptor was funded utilizing two funding sources: the Trunk Sewer Capital Reserve Fund and the Salt Creek Gravity Basin DIF. Upon the approval of Ordinance No. 2617, Council determined that Reaches I through 8 would be funded by the DIF while Reach 9 would be considered a regional facility and would be funded utilizing Trunk Sewer Capital Reserve Funds. Trunk Sewer Capital Reserve Funds are derived from sewer capacity fees paid by all new connections regardless of the Basin to which they are tributary. In 1997, the City constructed portions of reaches 4 and 5 (referred to in this report as reaches 4B and SA) as a joint project with the San Diego Gas & Electric Company (SDG&E). SDG&E's project was within the same alignment corridor, and the City used the opportunity to facilitate the construction of that portion of the pipeline. Although that portion was supposed to be funded utilizing DIF funds, since the DIF had not collected sufficient funds, it was funded utilizing a loan from the Trunk Sewer Capital Reserve Fund. Subsequently, in FY2000/01, FY2001l02 and FY2002/03 the City funded the remaining DIF eligible reaches (3 through 9A) (SW-219) using a combination of accumulated revenue in the Salt Creek DIF and with additional loans from the Trunk Sewer Capital Reserve Fund. The DIF will /1--7/ Update to the Salt Creek Sewer Basin Plan August 2004 22 ..---, -.---..----...------------^.-- . be re-structured such that these loans are repaid over a IS-year period. Table 5.2 shows funding for the project and the funding sources. Table 4.3 shows how the loans will be repaid over the 15- year life of the loans. TABLE 5.2 PROJECT FUNDING SUMMARY Total Amount Originally Funded as City Obligation Using Trunk Sewer Capital Reserve Funds Approved Trunk Sewer Capital Reserve Funds FY/OOIOI $ 7,289,500 Approved Trunk Sewer Capital Reserve Funds FY/OI/02 $ 1,300,000 Approved Trunk Sewer Capital Reserve Funds FY 02/03 $10,182,824 Subtotal $18,772,324 Total Originally Funded as a Loan From Trunk Sewer to Salt Creek DIF Approved Loan From Trunk Sewer to DIF (R4B & R5A) FY96/97 (SW210) $ 677,700 Approved Loan From Trunk Sewer to DIP (R3, 4A, 5B, 6,7,8) FYOOIOI(SW219) $7,585,500 Approved Loan From Trunk Sewer to DIP (R3, 4A, 5B, 6,7,8) FYOI/02 (SW219) $1,300,000 Approved Loan From Trunk Sewer to DIP (R3, 4A, 5B, 6,7,8) FY02/03 (SW219) $2,524,595 Subtotal $12,087,795 Total Amount Funded from the Salt Creek Gravity Basin DIF Approved Funding From Salt Creek DIP (R3, 4A, 5B, 6,7,8) FY 02/03 $ 525,000 Approved Funding From Salt Creek DIP (R3, 4A, 5B, 6,7,8) FY 02/03 $ 850,000 Subtotal $1,375,000 Wolf Canvou Trunk Sewer The Wolf Canyon Trunk Sewer is being funded utilizing two funding sources: loan from the Trunk Sewer Capital reserve Fund and/or loans from other sources that fund the construction of public facilities (i.e. State Revolving Loan Fund (SRF) or Bond Pool). For the purposes of establishing the DIF, an interest rate has been assumed based on prevailing rates. Total Amount Originally Funded with a loan From the Trunk Sewer Fund Approved Loan From Trunk Sewer to DIP (Waif Canyon) FY03/04 (SW225) $ 1,000,000 Subtotal $1,000,000 Also, since the inception of the project, McMillin Companies has funded approximately $414,000 for consultant and staff services to date on this proj ect. This cost is currently included in the overall project cost for the Rock Mountain Road Sewer project. 11.~72 Update to the Salt Creek Sewer Basin Plan August 2004 23 6.0 CONCLUSIONS AND RECOMMENDATIONS Based on the analysis done for this report, staff recommends the following modifications to the Salt Creek DIP: . That the list of covered facilities be modified to include: (a) Reaches 1,2,3,4,5,6,7,8, and 9A of the Salt Creek Gravity Sewer Interceptor. (b) Wolf canyon Sewer Facilities (Rock Mountain Road Sewer and Heritage Road Sewer) That the Salt Creek Diffbe increased from $284 per EDU to $1,330 per EDU. /2 -73 (J:\Engineer\5ewer\2001\SALT CREEK DIF\FinaJ s.c. DIF Report\new S.c. DfF Reportdoc) Update to the Salt Creek Sewer Basin Plan Last printed 08/02/2004 1154 AM August 2004 24 ______·_'··..o·.._.... ----- -- · 1994 Wilson Study · Ordinance No. 2617 · Wolf Canyon Trunk Sewer Costs · EastLake's Construction Costs for Reaches 2A & 2B E-. SDG&E's Construction Costs for Reaches 4B & SA · . . '-..~" · Pacific Bay Homes' Construction Costs for Reach 1 · Final Construction Estimates · Bid Results · EDUs for Salt Creek and Wolf Canyon Basins · Master Land-Use Inventory Table · · · · . · · · R · · · · · · - ._,__.::=~'Ç.T.',,,"_",,,,,,,,,.,,,,,". · ...,?:;t'::,~,;'~:':::~;) / 2-·7'1 . · APPENDIX "A" /2 - 75 _ __ ..~~u_______"~n __~_.__~.._. FIN AL SALT CREEK BASIN GRAVITY SEWER ANALYSIS November 8, 1994 Prepared for: The Baldwin Conipany 11975 EI Camino Real Suite 200 San Diego, CA 92130 Prepared by: Wilson Engineering 703 Palomar Airport Road . Suite 300 Carls bad, CA 92009 Job Number: 605-122 /2-76 SALT CREEK BASIN GRAVITY SEWER ANALYSIS Introduction This study provides a sewer analysis for the Salt Creek Drainage Basin which is located just west of the Otay Reservoirs and east of the City of Chula Vista. A gravity sewer interceptor is proposed within the basin and in the Otay River VaHey to ultimately convey flows to either the future Otay VaHey Water Reclamation Plant to be located on the O.tay Ranch's, Otay River Valley Parcel or to the existing Metro sewer system. - The original concept of coHection and disposal of the Salt Creek Basin sewage flows was to construct a temporary connection to the existing City of San Diego Otay Valley Trunk Sewer/ State Prison Line located along the southerly edge Qf - the Otay River Valley. The idea was to lease the available capacity in this line from the City for a specified time period and then constrUct a new line to convey flows to the proposed water reclamation plant or the Metro sewer system. However, a financial agreement with the City of San Diego could not - be reached. Therefore, this report presents the recommended sewerage facilities necessary to convey flows from the upstream portion of the Salt Creek - Basin to the existing 72-inch Metro sewer interceptor along the coast. The City of Chu1a Vista has 19.2 million gaHons per day (mgd) capacity in the - Metro Sewer System. Based discussions with City of Chula Vista on Engineering, the existing average daily flow from Chula Vista is 11.5 mgd; - therefore, Chula Vista has approximately 7.7 mgd available capacity in the Metro Sewer. This report shows that ultimate average daily flows from future - development in the study area are estimated at 7.8 mgd which is greater than the available Chula Vista capacity in the Metro System. - The study area for this report consists of the Salt Creek Basin as well as a portion of the OtayLake Basin surrounding the OtayReservoirs. Development within the Otay Lake Basin wiH require permanent pumping of sewage flows - 1 12 -77 .- --- ~.._~--~.- into the Salt Creek Basin. Exhibit A at the back of this report identifies the boundaries of the study area and the proposed alignment of the Salt Creek Interceptor. As can be seen, the properties within the study area anticipated to convey flows to the Salt Creek Interceptor are as follows: 1) Salt Creek Ranch 2) Eastlake (Business Center, Greens, Woods, Vistas, Trails and Olympic Training Center) 3) Otay Ranch (Otay River Valley, Proctor Valley and San Ysidro - Parcels) - 4) Adjacent Properties The purpose of this report is to determine the ultimate size of the Salt Creek Interceptor based on projected peak flows from the above properties and - determine a pro rata cost share for the contributing properties. It is expected that this information will be used by the City of Chula Vista to create a Benefit Area Fee to fund construction of the Salt Creek Interceptor. - - Desil!D Criteria - The design criteria utilized for analysis of the proposed Salt Creek Interceptor are in accordance with those used by the City of Chula Vista. Table I presents - the generation factors used to project sewage flows from the study area. - - 2 /2-·7F Table 1 Sewage Generation Factors ·1'l"Iì'l'.'~III\¡~¡i ,...,;' ''''w; ..".. ,...;; ···yf*'JiW¡æ'···· . ,..,.. '. '"i''Iil-'w '.' ... ;::I:,iN~:,:;:.;;.;::;.:"$:$.*,:,,:;.~^-.;N'~% ";:'~~ '~., ~,.t?,,;~xWi~··: ~: ~.' ~rh:~t'':':1? ·~li.¡~!g~ttt¡lmi~¡~s~~i~a Residential Single-Family 280 gpdl unit Multi-Family 210 gpd/unit Commercial 2,500 gpdl acre Schools I Elementary 15 gpd/ student Jr. & Sr. High School 20 gpd/ stud en t Churches 2,500 gpdl acre Parks 500 gpdl acre . I Schools planned for Otay Ranch utilized 1,000 gpd per gross acre. - The peaking factor curve (CVDS 13) provided in the City of Chula Vista Subdivision Manual was used to convert average daily flows to peak wet weather flows; a copy of CVDS 13 is contained in the Appendix. - All new gravity sewers have been designed to convey peak flow. For pipes with - a diameter of 12-inches and smaller, the sewers have been designed to convey this flow when flowing half full. For pipes with a diameter of IS-inches and - larger, the sewers have been designed to convey peak flow when flowing three- fourths full by depth. All new sewers were designed to maintain a minimum - velocity of two feet per second at design flow to prevent the deposition of solids. The analysis to size the proposed Salt Creek Interceptor utilized Manning's equation with an 'n' value of 0.013. - - - 3 /2- 71 - --, -.. "" .-- --- ------------_...----~---_._._-,._..,~- ..--_._-----~~..._----_. ---,---_. Proiected Sewsl!e Flows This section presents the projected sewage flows from the study area based on the criteria established in the previous section. The latest land use information for all contributing properties was used in estimating projected flows in the Salt Creek Interceptor. Table 2 presents a summary of the projected sewage flows from'the contributing properties in the Salt Creek Basin study area. . Table 2 - Projected Sewage Flows From Salt Creek Basin Study Area 1i\'ii~1\!Î~~~'~i¡i!~I\fi~1~¡¡!tr£li~ !~!.I~~1:~t¡" - '''FI¡¡'w''~mð'&" ::\::~. ;.:;"'~:....,.., ,.~: ": ;~:,.j~N Salt Creek Ranch 319,585 Otay Ranch 4,410,140 Otay River Valley Parcel Proctor Valley Parcel 1,254,910 San Ysidro Parcel 249,280 l~mlî~\~~fJ~å~iJ{~~~ij11t.1¡~~~~~Jf[~i~~f~]¡i~ :f~¡·rt~;~Q~:#1'f<tt Eastlake Business Center 71,400 Greens 340,750 Woods 171,640 Vistas 219,380 Trails 384,410 Olympic Training Center 282,532 l~~~~I!~ilt¡~~:~t:ia iÇ~~I¡~~~~¡I{~ï~~I¡ljJ~~J~r~~ti~~:~¡~·;;l~¡:i~~~ 7Q~\~il¡~!~: Adjacent Properties 87,920 :111tl~iltll~¡2¡~~;;!;!~~;:·:~:;~.¡t~~.11~~~~~~tlt1TIi:~:l~rl~~&~~;~~:;li~:f,~1i7<~h~~\!I~i: 4 /2 -go Information on projected flows from Salt Creek Ranch was taken from the Wilson Engineering, Master Plan of Sewerage for Salt Creek Ranch, dated January 1993. Information on projected sewage flows from Otay Ranch were taken from the, October 28, 1993 Master Plan of Sewerage for Otay Ranch prepared by Wilson Engineering. The Wastewater Master Plan prepared for the Eastlake Development Company by NBSI Lowry dated May 1990 was used for Eastlake. A site utilization plan was used to revise the portion of flows in Eastlake Greens and the Business Center tributary to the Salt Creek Basin; a copy of this map is included in the appendix. Note that the NBS/ Lowry Master Plan flow projections for Eastlake were revised for this report to match the residential sewage generation factors presented in Table 1; the May 1990 Eastlake Wastewater Master Plan utilized 80 gpcd and population densities ranging from 1.7 to 3.0 persons per unit. The Issue Paper Project Team Proposal (dated January 8, 1992) was used for the adjacent properties around Otay Ranch and Salt Creek Ranch expected to contribute flow to the Salt Creek Interceptor; a copy of this is included in the Appendix. The calculations used to project sewage flows within the study area - are contained in the Appendix at the back of this report. - . - - - -- - 5 - /2-9/ -- - -." -_....__.~ --....-.--- ...----.. ------------. ------_._---_._--_.._--_._--~._--_._.- - ----- Analvsls and Results The Salt Creek Interceptor was broken down into a total of nine reaches from the southern boundary of Salt Creek Ranch to the existing 72-inch Metro sewer interceptor as shown on Exhibit A. An attempt was made to divide the reaches at po in ts of slope change and where a significant amount of sewage flow from the properties would be contributed. For each reach, the tributary area is shown to identify the properties which contribute flow to that reach. Although not shown, the eastern portion of the Otay Ranch, San Ysidro Parcel is included within the Reach 2 tributary area. Table 3 presents a summary of sewage flows by reach from the various properties. Table 3 Summary of Sewage Flows for The Salt Creek Interceptor . _1i1IIf1il I 319,585 625,540 157,220 87,920 1,190,265 2 878,650 579,180 2,648,095 - 3 112,000 733,712 3,493,807 4 361,960 3,855,767 5 227,420 4,083,187 6 1,582,275 5,665,462 7 453,340 6,118,802 "8 1,673,145 7,791,947 . 9 7,791,947 ',~;;:; ~~~...' n ~~: ~¡([;¡rj.¡;:~~~f~~~m '1;1'!1¡1;~Œi.4~~~O' ¡~¡')'¡¡~t~±~~1~'¡, :!!,·,··;:j):;.i:)~~!I~t~ :¡'~g:t::!;!!¡:j'¡ì;3~;~~~'~,~·. ;·TOTA1)} :: :~, ',5'<~~> /'2-82 6 It is anticipated that flows from the northern section of the Otay Ranch Proctor Valley Parcel and the adjacent properties will be pumped around the north end of Upper Otay Reservoir through Salt Creek Ranch and into Reach 1. The remainder of the Proctor Valley Parcel and San Ysidro Parcel of Otay Ranch wil1 be pumped around the north end of Lower Otay Reservoir and into Reach 2. The EastIake flows were input into Reaches I, 2 and 3 based on information in the NBS/Lowry Master Plan. The only flows added from Reach 4 to 8 are from the Otay Ranch, Otay River Valley Parcel. Reach 9 is proposed as a parallel line to the existing City of San Diego line and would only be built if flows must be conveyed to the Metro sewer system via a new trunk sewer. Table 4 presents the Salt Creek Interceptor analysis. The minimum slope for Reaches 1 through 4 was estimated using USGS, 2000-scale, 7.5 minute series quadrangle maps based on the natural topography; the slope of 0.23 percent used for Reaches 5 through 9 is the minimum slope of the existing trunk sewer through the Otay River Valley. It is possible based on final design of the interceptor that actual slopes may allow a decrease in the line size of some of the reaches. Table 4 Salt Creek Interceptor Analysis ~li!iÎ~I~t¡ i¡~i\.f"1 ~1:1~~~;~f~~~fd·~.~'¡::ltR':~(!~~~~~¡~t~~~!1,_~Ilf!f1~I'trf'W~t '"·"·'··'·~··.·,d·h' d. ',,-SlOP"',""""""" ",,'0- ·mg ..,...0..<.... ·acfo""·.,oo.Flo,,,<.,·jfih"n·. ".....,",..ê"C':r:z:e.., .'" :':::~:::~>':~:;;:<-;:<'~:::"; ;".,;",,::::<::= :;¡~:'::'" ...,.... ..~ ~:'.~~~:"~,, :".::;: ...,:}.I. .' ''!~'.' . _..,:~;¡:':'. :.".?:~::;:::;:'...:' ..... ." "'~:'::"";;':",::. :,;;" . : ,.:;"1;:' .<". .... ..&:~.....:;;. ...,:::'.>,::-:....~~... .... ~~.:t->:: ,.¡:>\ I 0.70 1.19 1.84 2.19 IS" 2 1.10 2.65 1.70 4.51 18" 3 0.78 3.49 1.68 5.86 21" 4 0.95 3.86 1.66 6.41 21" S 0.23 4.08 1.65 6.73 30" 6 0.23 5.67 1.63 9.24 30" 7 0.23 6.12 1.62 9.91 30· 8 0.23 7.79 1.62 12.62 36" 9 0.23 7.79. 1.62 12.62 36" /2 -63 7 . ~__... _____k ___.__,_,_, _,,,_,_..__,_______.._ The results of our analysis are shown on Exhibit A with the required size shown adjacent to each reach. The recommended sizes range from 15 to 36-inch. Note that the required sizes shown for each reach except Reach 1 have sufficient excess capacity to handle the 1.2 mgd fail-safe capacity which the Otay Water District needs for their reclamation ponds located north of Salt Creek Ranch. Reach I would need to be an 18-inch line in order to convey the 1.2 mgd fail-safe capacity and satisfy the depth to diameter ratio criteria (0.75); however, this report recommends a IS-inch line which can accommodate the peak flow (2.19 mgd) plus the 1.2 mgd fail-safe capacity based on a depth to diameter ratio of 0.80. City of San Die\!0 Otav Mesa Transmission Svstem As mentioned in the introduction to this report, the City of San Diego was contacted in 1990 regarding the purchase of capacity in the existing Otay Mesa Transmission System. The Otay Mesa Transmission System consists of the Otay International Center (OIC) Trunk Sewer/Pump Station and the Otay Valley Trunk Sewer/Prison Line. Although a financial agreement could not be reached in 1990, a 'Sewage Transportation Agreement" between the City of San Diego and the Spring Valley Sanitation District dated July 14, 1992 indicates that the alternative to connect Reach 8 to the Otay Valley Trunk Sewer/Prison Line could be pursued. In order to utilize these facilities, a "Sewage Transportation Agreement" would have to be entered into with the City of San Diego to obtain capacity in these existing facilities. The cost to purchase capacity in the Otay Valley Trunk Sewer/Prison Line is calculated based on $805.88 per EDU plus 6 percent compound in terest from March 12, 1994 as shown on Exhibit "E" (see Appendix) of the July 14, 1992 agreement with Spring Valley Sanitation District. These reimbursement charges are established in the Otay Mesa Facilities Participation Agreement adopted September 30, 1985 by the City of San Diego per Resolution No. R-264l73. There are additional costs for transportation charges and repair costs which would apply to the portion of the sewerage system utilized. Such an agreement could be entered into with the right to disconnect from the trunk lines provided a thirty-day notice is given to the City of San Diego. However. it is not likely that the City would /2 -gLf 8 agree to temporary capacity in the Otay Valley Trunk Sewer/Prison Lin~ and, therefore, there would be no refund for EDUs disconnected. Financial Analvsis The Salt Creek Interceptor is a facility necessitated by growth and should be borne by future development. A straightforward .approach toward financing the future construction of the Salt Creek Interceptor is to create a Benefit Area Pee for each, benefiting equivalent dwelling unit (EDU) which will contribute flow. It is anticipated that the Salt Creek Interceptor will be constructed and accordingly financed in phases. Reaches I and 2 are located within the Eastlake Woods and Trails and are likely to be built with development of these projects prior to the construction of the downstream reaches. Plow in Reaches 1 and 2 will be temporarily pumped into the Telegraph Canyon Basin. Reaches 3 through 8 are located on the Otay River Valley Parcel of Otay Ranch and probably will not be built until either a) the Otay Valley Water Reclamation Plant is scheduled for construction, b) Reach 9 is constructed, c) an agreement is reached with the City of San biego for use of the Otay Valley Trunk Sewer/Prison Line or d) the Telegraph Canyon Trunk Sewer is over capacity. The intent of the Benefit Area Pee is 'to establish a dollar amount per EDU to finance construction of the Salt Creek Interceptor. The developments which temporarily pump flows into the Telegraph Canyon Trunk Sewer must pay their share of Benefit Area Pees up front. This will create monies which will assistthe developer or developers required to construct the interceptor when the Telegraph Canyon Trunk Sewer is at capacity or the reclamation plant is constructed. Table 5 presents a cost estimate for construction of the Salt Creek Interceptor with a pro rata cost distribution based on the five different properties expected. to contribute flow. Approximately two-thirds of the total cost is attributable to Otay Ranch with the remaining one-third split among the four remaining properties. /1- -F§ 9 ..------ .., __··___·_·_·__·__·...m.___.._.__. ------ 15¡~~¡ ~ ~ ¡¡~~~ ~¡~i 8 8 8 § 8 § 0 § :'!!Ii ~ ,.. 'v',,,. ,.. "'.¡:. ª ~ ~ ~ ~ : ~ ~f¡1 ~ ~;~I ~il j...,,: 8 8 8 8 g 8 8 8 8 ,'," '<''¡ . ~;::::::::: i i . II ' â ' ~ ' â ' â ' ~ ' ~ ' ~ - ~ - 21 ~ }i ~I ! I ' ~ · ~ ¡ ~ ¡ ~ ' ~ ; ; ; ¡ ; ~ ' ~ I ~ ~~ ~ i ·:w:~;: ~ r Vt..Wt...Wt~.,._~_-....1IIt_"''''''_ ::,:·::0:<"0 t:~v .g {~ë ~~!~! N '"" .... If"'I '" r-- .. '" :;¡: -¡ Ò'i":o, Q - -: ~ ~ ~ ~ ~ ~ '5 ~ .5":"; ë ?J':t .- :: :: :: : :: :: : ::::; :' c: 0 ~ :.::.~:' t=: ',":C/": a:; øc: ~ PC ¡::( '" II:: ø: ø:: ~.g U :0.. .::;~:~ ? :'::':'::,;<: -. ~ -- .'.:: ":C;t \i ~ ~ ::¡ ,: u ':'c.," ".:,.":;- .s r:"; Wt.._p 12-~'6 - As can be seen, the total estimated cost for all nine reaches is $18.1 million; this cost estimate includes a 15 percent alIowance for engineering, inspection services and surveying, a 25 percent contingency and two percent for City of Chula Vista administration. The unit costs used in Table 5 are estimated for Ductile Iron (DI) pipe and are based on discussions with pipe manufacturers and a review of construction costs of recently completed gravity sewer line projects in new roads; these costs are based on an ENR-CCI Index for Los Angeles of 6549 (August 1994) . Ductile Iron pipe is recommended for structural integrity in anticipation of significant pipe depths and corresponding earth load which may be encountered to facilitate gravity flow. Approximately one-half of the cost is for Reach 9 which would have to be instaIled in existing roads and, therefore, has a higher unit cost . associated with construction of this reach. . Land uses for each property are converted to EDUs for the financial analysis only using the factors provided in Table 6. Table 7 provides updated EDU projections - for each property based on these factors. The EDU projections for Otay Ranch were updated based on their approved development plan. Tables 8 and 9 provide a cost per EDU comparison with and without Reach 9 for construction of the interceptor based on three methodologies. - The first methodology utilizes the cost estimate for construction of the interceptor , and calculates a cost per EDU based on the ultimate number of EDUs from all five - properties. This methodology provides that all properties would contribute the same amount regardless of where their flows enter the Salt Creek Interceptor. - The second methodology utilizes the information in Table 2 to calculate a cost per - EDU for each property. Based on the total pro rata cost share for each property, a cost per EDU is calculated. The third methodology utilizes information in Table 3 which lists the cumulative average flow in each reach of the interceptor. Based - on the tötal cost for each reach, including contingency the cost per EDU and the cumulative cost by Reach is shown to reflect the actual cost to developers who - would connect to each Reach. - 11 ¡2.-p 7 - -. ."-_...._---_._-~..- .--.---...---.-------.------- TABLE 6 EDU CONVERSION FACTORS FOR FINANCIAL ANALYSIS ~1~11®~~~K\~~t.t~¡~~il~!;~:#~:'{Y~~ffi~5!~Ê~~ìl~~lJ~},t~1~f,~~ï~!hl~~li~®itl~2~~~.p~ir.'#!~J~~1~1~1\1ì~~~~kPJ.!¡li5,' Residcntial -SFD 1.0 EDU IDU Residential - Multi-family 0.75 EDU I DU Commcrcial 10 EDU I ACRE High School 0.08 EDU I Student Junior High School 0.08 EDUI Student Elcmcntary School 0.06 EDUI Student Park 2EDU/Acre orc Training Facility 1 EDU/DU . OTe Residenlial Dorms 0.32 EDU/Person OTe Support Staff 0.32 EDU IPerson ore Visitors Center 16 EDUI Acre CPF 10 EDUI Acre TABLE 7 EDU PROJECTIONS FOR FEE CALCULATIONS Single Family Residential .1,015 9,825 2,454 314 Multi-Family Rcsidenliai - 5,113 1,373 - Commercial - 5,087 150 - High School - 200 - - Jr. High School - 200 104 - Elementary School 28 360 96 - Park 44 345 75 - Olympic Training Ccnter (OTC) - - 1,108 - - Community Purpose Facilities (CPF) 70 736 40 - TOTAL 1,157 21,866 5,400 314 28,737 I Baled OD approved GDP/SRP land Ute plan. 2 CicyorChula Vilta projectionJ revi.cd per SPA plan amendmcnt. /2--22 12 TABLE 8 COST PER EDU COMPARISON FOR SALT CREEK INTERCEPTOR INCLUDING REACH 9 Methodology 1 Cost Per EDU Based on Total Cost IIIII li~(!1.11 Ililll&i~II"i\!~11~JI'1 f..ltJJ?~lf~~~I~j¡; ~~~ '. ~.c=:·'~~f'~<=$'~~"]~<',~~,:::,w~~1f8:~t' ·.ffi1b'"'i#Mff¿~it ~ fl£%,iæ:1L..:@L .i;;k:.:#Ki~~~~%~i%®~~~~ :;;Þ:,,··:.·ii$: ,....,.:~.*-'. :~....~~.....:..~ :$." 18,067,867 28,737 629 Methodolon 2 Cost Per EDU By Property. ItlltS_I. ~",:;::.". :f :,~ :,:.:~.:,.,,.. ':~. :.; "', .... :.i, "=<i:;': ~rfili1æ*î.1t£fJít~ ~_€:i11~.:$'W&I'"lli; ¡··~·~··,,·,o"'ìf"· :~""'i:.>;> il~ì1ii:1J~~~;\'~. @"m"ö;>·'f·~'<·$fIj "'I"" . ø'ïi~i\£"11-$v",, · >".;Wf, 1\'1)1 '%~..:.::~~&~1(:;.. :It.~::.àfu ~;Þ,~..4~;. ::~;:'. .#~:~~I~~í~W[.f@.~~h1~~A.~ Salt Creek Ranch 1,157 1,096,107 947 Otay Ranch 21,866 12.558.748 574 Eastlake 5,400 4,113,916 762 Adjacent Properties 314 299,096 953 Methodology 3 Cost Per EDU By Reach ~f."¡~:!f~!4>%-;1;?;1<~t1: a_~t;íit!~~~~~t IÎltlt~,ti1 Ifill~¡tlìl '<".'.1_i :tlli~P'~~;~~m~i.%:r.Fi;·;i;?¡ '':':~'''''~'~'''h %.,.<;f.'*...,... >..:~... ..< ···t··~·~'Y.·"" fh~'. >'''~,,:J.m:t! a...~i" :~%W~~\ÚM~i~· ~.W&ft,t.ff,1j ili'îi~fffflli ... < 5 "<":"';'<->.~~~ >;'>'~'<-:"iiM.r ,,"~~fuf~ -, ~,., ,'..."'. 1:~~:@:r::-: '~:i:{~:::~..~:, :~i{~li~mfi~~:. .\;~'4IÎi ;§If~~if:~d~~~¿~ Nli;t\.ê'tJ!..éii:~1¥kt~; 1 4,394 659,813 150 930 2 9,760 758,784 78 780 - 3 12,921 733,125 57 702 4 14,254 879,750 62 645 5 15,091 1,033,707 68 583 6 20,915 989.719 47 515 7 22,583 1,649,531 73 468 8 28,737 1,466,250 51 395 9 28,737 9,897,188 344 344 - 13 / "2 --29 - ___ __ ···~_···_m_·'_._ __.___~____ ._.'--- .-.----------.-. TABLE 9 COST PER EDU COMPARISON FOR SALT CREEK INTERCEPTOR EXCLUDING REACH 9 Methodology 1 Cost Per EDU Based on Total Cost Ili111&1111tt1111 11r,lirlf~1~liilll¡~ltÎ1illtil' Ij!~Kft¡fl,itlllfdt~!lrl 8,170,678 28,737 284 Methodology 2 Cost Per EDU By Property ?~":8&'i~:;::é:J:r..:.,;::::.w~~-ti::l:{:0~~:mØ:%t#H$::i;d:~~t:: tLÎÎI¡[~~!¡~î:1 11\'~Îltlll;1 J~A~¡;~fAt{:Är~;?~t>~~~llu},~~~*Aw&m '~':'-"~X!:i·>,';:,,":<O;;·;';$?;"'»æt jf(ttæ:<"';Ii>¥8 ··::'''';,:·r~!~:*.i ',:,,:;';..;.;::::::ø.·r^·CóS'tœer:·:· ..{!:$::::;';~~~~§þ j¡lir~!II~ß~~t.t)~t~III~~tl~~~ . :.:.;,:',.,....~ x-~. ," ',' ...:... . .,.:'". ," y '1:~ .:OX.), '. '... -X.,-. "··'··>·'-"'I~..:t~:':;:<·"'&··""'~"·""':i% ·<···8'···d....M~· : ..~) Ji~1,:œ~lt~W.*-.;f.d~1j~~¡¡,~1¿~~t.#l:1hæ~~~~0, Salt Cre~k Ranch 1,157 690,322 597 Otay Ranch 21,866 5,046,781 231 Eastlak~ 5,400 22,243,348 415 Adjacent Prop~rti.s 314 190,227 606 Methodology 3 Cost Per EDU By Reach ¡ltllÎIIll1illl ~IJI¡¡~¡III lllll,!11 ¡¡:{r9if!\1 ß!~fiiffiî{'t";hª,[ :~~&:.. ·i~· '" .:. . 'j¡jr.-f.~~"'~ d. bYJ'!jlL ·~~"·"'¡r··,,·;j$,~ """g"i"'''ìiY :Íi'¡f~~11' 1i%1}tij~[[._~J~~r - I 4,394 659,813 150 586 2 9,760 758,784 78 436 3 12,921 733,125 57 358 4 14,254 879,750 62 301 . 5 15,091 1,033,707 68 239 6 20,915 989.719 47 171 7 22,583 1,649,531 73 124 - 8 28,737 1,466,250 51 51 14 /2-90 , Conclusions and Recommendations The following is a list of conclusions and recommendations reached as a result of our study of the Salt Creek Interceptor: 1) Based on the projected flows and minimum slopes presented in this report, the proposcd Salt Creek Interccptor ranges in size from 15 to 36-inch; the recommended line sizes may change depending on final design which will determine the actual slope of the gravity sewer line. . 2) The estimated cost of the Salt Creek Interceptor is $8.2 million for Reaches 1 through 8. Reach 9 should be excluded from the total cost as it will not be nceded if the Otay Valley Water Reclamation Plant is constructed or if Reach 8 can be connected to the City of - San Diego's Otay Valley Trunk Sewer/ Prison Line. If Reach 9 must be constructed, it should be financed as a regional facility through sewer capacity fees. 3) It is recommended that the construction of the Salt Creek - Interceptor (excluding Reach 9) should be financed by establishing a "Benefit Area Fee· based on Methodology I (Table 7); this - methodology provides for a uniform cost of $284 per EDU to all development within the study area. This methodology would be the - - most equitable since all properties essentially receive the same service. - - - - 15 /2 _.q{ .·__'w"..,_,.__.._____~_._._.__~_ _ ."~"_,_..______,_._~~___+_ _____~________.__ BIBLIOGRAPHY City of Chula Vista Subdivision Manual, City of Chula Vista. Master Plan of Sewerage for Salt Creek Ranch (Final), Wilson Engineering, January 1993. Wastewater Master Plan for Eastlake Development Company (Final) , NBS/Lowry Engineers & Planners, May 1990. Mast-er Plan of Sewerage for Otay Ranch (Final), Wilson Engineering, October 28, 1993. · · · · - - - /2-12- · 16 . . - APPENDIX - - - - - - - - - J 2- -q3 - ~'·_~_._m . --...-..-",.,,~.._-_._---"--,,_._---- - -,',--- - City of Chula Vista Peaking Factor Curve (CVDS 13) - 12- -1'-/ /.000 .. -- --- - .--- - -- 500 ~~ ~ ~~ . 300 : ~~ ' l(oq;: . . ~ s ZOO , , <.!J~ I. ·1 ~~ 'Q' ~ r..- .~ ~ I h.~ ~~ ~ -q~ . (/)).. "' ~~ : ~ . \ '-q-~ ^ ' UJ ~. VI ~ ø ~.. t'" 1 I ~" 50-..... " ~~ / / ,~ ~ ~ , ~ ::::¡ ~ c: 4(}~ O::~ i! I.~ ~~l. ~ ~ ~ II/~! 30'-' 1 : "'" " '{:;:\i ~ ~ ! '" .... ~ C;) I :) I ~~ ZO , "I ~ ~ ~ V 'lit 10.. ~ ¡.;:: <:) .,,~ .."'\ ~ -f' ~ \ V ¿~ 'Q ~ ~ I . .. ~ lI.J IO~ ~ ' I ~~ ; q: .1 ~ ~ , J / . , . ll... ::::;: // J ; <::)~ /-/ S;/ .~ ~ ~ 4. ¡ ¡::: ~ .II/" 3 j .~~ /' Z ! "7- . f.' l/' ( ./ ~ .. .., '" '- <:I 0. tQ to.. '0 .... .. 1'1 ! 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H ¡go ZS .MNM~~~~ømO"-(NM~~~~=mOMNM~ S ~O =ø~~mmmmm~ooOO900000r-tMr-tr-tM == 0 :><0 ~o """""""""""'" Q ¡,:Q NNNNNNNNNNNNNNNNNNNNNNNNN X H ~* nnnnnn~MnnnnnnnMMnn"nnnnM ~ H* ~o """""""""""'" ~ < MMMMMMMMMMMMMMMMMMMMMMMMM 810 :>10 %n 0000000000000000000000000 &Jill ~ ><111 HII ij.:: <:::I r.1; ~~~~~~~~~~~~~~~~~~~~~~~~~ ,.- ~M P:;"'¡ 0000000000000000000000000 . ~J:I. op. :z:p. ~~~~~~P:~~~~~~ff~~~~II:P:~P:;II:~ êío ~~~~~~~~~~~~~ ~~~~~~~~~~ co 0::> ;:q !ijß :¿ß HQ ~~~~~~~~8~~~~~8~~~~8~8~~8 ... ~~ CIJ~~~~~~øCIJ~~~ClJClJø~W~~ClJCIJ~~~~ 0 H 0< J>1~~~~~¡,:~~~¡,:~¡':~~J>1~~~~¡,:~~~~ !::! ~k ¡,:k E-<I-< ~~ ~~~~~~~~~~~~~~~~~~~~~ .~ ~cz ZaJ ~Q ¡,:~ ~~~¡,:¡,:~¡,:~~~N ¡,: ~~~~ ~ ~J:I. HJ:I. P. 88~~88~~~8~8~~~8~8~~~~~88 :n H ø. Z:Z:ZZZZ:Z:Z ZZZZZZZZ:Z:Z ZZZZZ H :z:o 0 Š~ HHHHHHHHHHHHHHHHHHHH~HHHH ;:::¡ He ZO . H . 0 . ø. . ~~**~****~***~*******~*~* 2; e ~o n ~ ~ CJIt1 HIt1 00 CJ ~~~~~~~~~~~~~~~~~~~~~~~~~ '-I H..,. t:t:"I' HN ~ ... , Oø þ.ø 0<1>- ~ , +++++++++++++++++++++++++ . . . CJ .... < ø¡ CJ :¿ :>< ~ OMM\Q"'M"'MOIt1It1..,.It1MOO"'~MMn"l'It1\Q\Q :.w H O~NN=N~=~~~~~~N=~=OMNONN~ >-4 . CJ . . . . . , . . . . . . . . . . . . . . . . . . . P'i O~~O~~~~~~M~~MM~~=N~~OO=~ ~~r-t~O~O~M~~..-(Q~~NNMNM~~OM~ < ~~~~øØ~~OO~NNM~~~~Q~OMM~~ N CJ 0-iJ)-000<1><n- , , , , , , , , , ~ , , , , , , , Q") ~~MM~Mr-tMMM~MNNNNÑ 0' - - 00~Ø00~000000~000 ~ .-I ..J ~ ~~NM~~~~Ø~OMNM~~~~~~OMNM~ =' 0< ~~~~~m~mm4oooo00000aM~~~M -, /2 - '7 .---- -"---- · · · · · · · · Technical Calculations · - · - - · · - · · /2-q? - - WILSON ENGINEERING SAi-' CItUJ.<. B.A$J}J Sé'-"-'f'!c.G Ft..oo..J AeoJ""€c. ""~.s () SAt..T C~G<. II!.,A NC- f./ 2) OrAy ,e ANC,", .3) £A.sr l...AK6: Ii) An:rAc!ÕNí -PRop~né5 SAL-'- C¡(¿f:6K. ¡((,NJC¡./ 'F2oM )"";,NVA.,.t¡ /993 HA ST£A... p/..A(-J 0':; 5"E",",&AA6.~ : ( :s IZG tV<õ:xr P1"16G. ) 511<-' C~K. B~S'N /9/1 '7G. S :::;/"J. - Orl17 LAkCS BI9':;'/¡-.J In} 32-0 jPct - ;s c.I ð TO n'h.. 309¡ "2-65 jP<!. ~ f"t...us R.éV¡,SE. C-Hth<2.CJI (cp,:;) - S~~6t (J,£/oJ. P¡QO'"-... 2.,500 (7"c..Œ z,~ = 17, SOo - 7¡1-DO) /0,300 ,.,,..d.. /./11' - - - SA<..r C... ~c" To l;q '- 3/9 SB5 Q¡DJ. I ....; Noré: FL.oo-J FR.o.... Bo-nl 1!>/!,S¡NS Is IN~L.tJCc..O ¡N ¡¿ éA C '"' { F<..ovJ-S. - /2.. -99 - I I I,} -- -.------ - ,-..~.. .- --- - - -- ~_.._.._--_._.~-_._--._-----_._,_. , '" FIt.OM .. I'-IA ST £.<. P"'AN , OF \ $ç.....,~ ~ SAL.T ~e.... 1i:...A¡ooJCII II Ih3 Table 3-1 Salt Creek Ranch Sewa¡e Flows By Basin ~~""-" ~" ',~ <"~<-'X~'~.. ~ ~'''''''':-'<'' . '" /~';.¡}~ ..'........ *:D""'¡"':'" "'''''t'Œf.""->«;,;k,~' ~ ">"T"<~~{o":>·:;"~~w~~:';-xz:> ·?:·...'.:ì:y....·ø; ..'-....~...'fv:::=::.'~ :, &D:IIIa:ge:,,' &SUlii..;...~~::; ,,'" 'tK' '¥R«='::...o::i::,-....~~.. ..~~;?,,~~.Dío"Uat:'o "'.~;, ",.. .. ,:v.:::::¥,...::::·.i:k· ,~;.!"'~.o(.~~ ~ «,.< '~, ... '''"'''':''''~;'' ,...~, ~ :..*'t~,~»~,~~·..../·:.~.:- ',< ~ , <''''''''''''",,,,'''V;'"M ,,', '~~r""""'-~A$ Ht.~{ '''rt''''''''· . "'- Wi""""" "4" ",< ·"N.· !lve o~ . ". '. ~.. î!ve opmellt '" . ;".; ~ x::::::~~J?':;:w;::'i):,*~~ '... .. ;,-,~ ,~:..~...., __;,,'< ~"X'J':,.o",-" r ,..... ~ , ,} ~~~::':\"':"";'::;:'~f.~:::.\.¡.~ "''''': ;'';-¡:;,~>=. ...~:::",;-,..,.~",~;;";§?,i*"h~ M¥~f""::·J'·h...:<:.>:-;1'..,,"": ~ ~ ,... *~<':...,~.. .,.'" .... ~ .,. .:;:~:» .,' '" ,« <-'" ,,'< ~" "'~y., . ~~'^'~...}, ~'Þf.~œ::'8U@ ij{~ .;::' .....~".;-",'&,..., ~.u,>~,,·/t;::: ,,~, ~ß}'ffi <'< "'. , > ~;;:'~",~...'":x,;:~~"" ~..!;;.:.~...;$ J:'Ý\ ,~-~~.::;:;.,..,..~:t.~,:>«~~ -.-.& :<->"':~ ~~_. ~, - . ~ . ~ , Proctor VaIl!lY RuieloDlial 713 UDitS 280 gpell ullit 199,640 · School 459 staelaats 15 6,885 gpell staeleDI · Park 7 acres 500 gpelf acre 3,500 - Fire Station I acre 280 gpdf acre 280 · 1!!!!!1I!!~~~.lrt¡~itl.I~~Ã][f~J?i'II.~~f.::~~·:Ir1~~.~;:;': ::':~'¡i~~if~3l[f~f:~~}t~1;t~!~;'~~,d · Telegraph CanyoD ResideDlial 888 units 280 gpelf uDil 248.640 Salt Creel¡: RosielODlial 611 uDilS 280 gpelf UDil ( 171¡?80 · <-II School 4S9 stueloDls 15 6,885 (£UM~AII1) gpdf slueleDI Z8eøvs) · Park 22 acres SOO gpdf acre Church 3 acres .. '?!.Îl\'''~:~i~'i~i~~t~..~,~~;;:·:~}/~.~~~::·jf~~··:1~~t'~~~~f]Jj..~~.;~· Otay Lakes R esidcntial 404 units 280 gpdf unil 113.120 ) 0 Church 4 acro s 1,000 gpdl acre '~:~~!;!K~!*i~illl~~\I~~~~~¥411£ti~%t~it~#jß~;r:;~;~~:~i~:7~:*~tl:~:~" ::tmifjl._f~fji"'1~Øffti~i}tlk~;î;~~'~f,~'f:;10~¡!~ii.i 9 /'2 - ¡tJO M ASret2.. /-'....AN OF -.;> e.....> &t'l.ßc.¡¡ ro,., -.", - - - --... ""--'1;""J ~I.'I';> - TABLE 4.1 PROJECTED WASTEWATER FLOWS FOR THE OTAY RIVER PARCEL 11""&""$'1&"'"4" Wiif'·$á'll ki''¡';;'"t.ë''''~)_''''\¥t'''$%i''~II'~''' ' jraila:W'seœi4 L;iA~Y¡¡·;",;Y.liìsïtj)hit'>' ' , " " " .. ~\èlrliaeräh' · ~Ym . .«d""'~t@ ~~ " . "~DUnxcf''''' "",\"ãiw;,",~ ,. W@ß:"""'&.'IJif&J . B1T." ~II · ~ '~,:: ·..'¥g:.øl*=*.;.t%~ ~~'. .:.....,et:{. > .~~~:~. ·.:.:J'L._:.~::~:!.tW1 }.;~.:..~.J~æ-:;f ::.,' ..~;;",..:.~ct"~:. ';\., .l~ .. ~:::,..; .~.,.,~. ,........" VILLAGE 1 LM 99.8 3.0 299 280 ¡pdtuait 83,720 · LM 32.0 4.5 144 280 ¡pd/unit 40.320 LMV 328.6 4.0 1,314 280 ¡pd/unit 367,920 · MH 87.0 18.0 1,566 210 ¡pdtuait 328,860 CPF 12.3 -. - 2,500 ¡pdtaere 30,750 · Commercial 11.4 -- - 2,500 ¡¡xItacre 28,500 School 10.0 --- - 1.000 ¡pd/aere 10.000 · Park 17.5 500 ¡pdtaere 8,750 - - 1II_~¥i.&MMI.\ll.W;l~~.j7~._~ VILLAGE 2 . LMV 330.2 3.5 1,156 280 ¡pdtuait 323,680 LM 53.6 2.5 134 280 ¡pdtunit 37,520 'LM 44.4 1.5 65 280 ¡pdtuait 18,200 MH 58.6 10.0 586 210 ¡pdtunit 123,060 CPF 9.2 - - 2,500 ¡pdt acre 23,000 Commercial 18.7 - - 2,500 ¡pdtaere «i,750 School 10.0 - .- 1,000 ¡pdtaere 10,000 Park 38.1 - _ 500 ¡pd/aere' 19,050 i~~~ð.:"."I.tw;~~&:.~"'t:m_.~ ,::.. ','~. VILLAGE 3' LM 136.2 4.5 613 280 ¡pd/uait 171.640 MH 12.8 10.0 128 210 ¡pdtunit 26,880, CPF 3.4 - - 2,SOO gpd/am 8,$00 Commercial 5.3 - -. 2,500 fpd/aere 13.250 Park 8.0 - -- 500 ¡pd/acre 4,000 ~'\1~~~&,~fi~i~\.¡~..~.1!*0ffi;¡ío/flªîl_ìt.~;¡~wm.._IÏ_. 15 /2.-101 - _._.._~--~._---~-_..~._---- ----~-~-~-~---- TABLE 4-1 (CoDtiDued) PROJECTED WASTEWATER FLOWS FOR THE OTAY RIVER PARCEL 1'~t.IiI~11 ,'11J1(~jai~i1Ii¡i~~~~"Ïr:tir'iil VILLAGE 4 L 1.56.1 1.0 156 280 gpd/unit 43,680 L 69.1 2.5 t73 280 gpd/uuit 48.440 LM 34.1 2.0 68 280 Ipd/UDit 19,040 LM 12.6 4.0 50 280 Ipd/UDit 14,000 LMV 18.8 4.5 85 280 Ipd/unit 23,800 CPF 3.0 -- -- 2.500 gpd/acre 7,500 Commercial 3.0 -- -- 2,500 gpd/acrc 7,500 School 10.0 - - 1.000 gpd/acre 10,000 Park 4.3 - -- 500 gpd/acre 2,150. 1f11rl~:fII¡\1ll:~~~.11iti~itii:i[D¥j~$ifi:iîð14tltt1]ltw_.~~~~ . VILLAGE 5 LMV 280.6 4.5 1,263 280 gpd/uuÌl 353,640 MH 89.7 18.0 1.615 21Olpd/uDÌI 339,150 CPF 10.2 - - 2,500 gpd/acrc 25,500 Commercial 6.0 - - 2.500 gpd/acre 15,000 School 10.0 - - 1,000 Ipd/ acre 10,000 Park 14.6 - -' 500 gpd/acre 7,300 f§~~\J.~~ti1i.\t~~lj!hì'Wiil~7.ii.i.;Ñ.It",,~.~ VILLAGE' LMV 206.3 4.1 990 280 epd/unit 277,200 MH 69.0 11.0 1,242 210 gpdlunit 260,820 CPF 8.0 - - 2,500 IIpdJ&crc 20,000 Commercial 4.6 -- -- 2,500 gpd/&crc 11,500 School 10.0 - - 1,000 gpd/acrc 10,000 Park 11.3 - - 500 gpd/&cre 5,650 ~~gf~J.'t1:r4t1iÂqI11JBi1't~11f~r0,t4f¡i~1.11~\1;{t¥ltif~~'i11&11ff_ _ 16 /'2---/D2- · TABLE 4·1 (Colllillned) PROJECTED WASTEWATER FLOWS FOR THE OTAY RIVER PARCEL íìtlJiÎIi&___'_I_t1l1i_~_~_ VILLAGE 7 LMV 210.6 5.0 1,053 280 ¡pdtunit 294,840 MH 30.9 14.5 448 210 ¡pd/uoit 94,080 CPF 6.3 -- -- 2,500 ¡pdl&ere 15.750 Commercial 7.2 - - 2.500 ¡pdtaere 18,000 Senool 85.0 - - 1.000 ¡pdt.ere 85,000 Park 9.3 - - SOO ¡pdtaere· 4,650 ì~~tJ~Yl1fi~~1t.%''''It~t\~Eifj%fl¡ef&ì!1%t~~fjJ;t~li.i'¡:i:1fi:.Y;.1I8i#~~. VILLAGE 8 LMV 85.4 3.5 299 280 8pd/uoit 83,720 LMV 30.0 4.5 135 280 ¡pdtuoit 37,800 - LMV 122.2 4.8 587 280 ¡pdtuoit 164.360 MH 30.1 14.5 436 210 gpd/unit 91,560 CPF 5.6 - - 2,500 ¡pdtaere 14,000 Co mmercial 13.4 - .- 2.500 ¡pdt.ere 33,500 Senool 10.0 - - 1,000 gpdt.ere 10,000 Park 8.8 - - 500 gpd/aere 4,400 ¡ffi¥.~~~~_i~t'~.I\._il.mgflfil~i~<W{~¡il\_~~R. VILLAGE ,. L 56.9 2.0 114 280 gpdtunit 31,920 LMV 138.1 4.5 621 280 gpd/unit 173,180 MH 56.1 18.0 1.010 210 gpd/uoit 212.100 CPF 6.3 - - 2.500 ¡pdt.ere 15,750 CòmmerciaJ 8.7 - - 2,500 ¡pdt acre 21,750 Senooi 10.0 - - 1,000 ¡pd/aere 10,000 ·Parl: 8.8 - - 500 ¡pdtacre 4,400 iÌ~t~~~~&~%llil'$1.~~lt§¥IÆI~ft;111~~tWlwt~11Æit.4tl~fltlltiI~~ 17 /'2~-I03 ____" _.__~_.______ u_ ___._________.__ ._._____ n___ TABLE 4-1 (CoDtiaued) PROJECTED WASTEWATER FLOWS FOR THE OTAY RIVER PARCEL 't~~~~~~Fí¡~ 1If!*:ilit: W."":M~ffi"t$1.:1II~:f"¥¡H~;¡*\i(W'IB"··~i#;¡*,~ >.;WD¡,,;s,f . ':." .' ë '"' . e' ria ri·:· êiie~ähô .. . ';et.~· . tlftÆ1æ",WtjJf$ :1$ 'Â"". I%iifffut-¡j'!(ofð.\ ' ,.,"".... <'"®";~yr'"~"':;m~" :ff" r#W.~ . .;..~...;.;::..>.1;;:.,...... .....~'" ::::"Æ,·~;.. .::1.~:t; .A::::i;Y. .:~::....:~1i.:.: ...~~~¡(: ~i~~.~., ··ß~~~$. ..acftø~,. ',:'*M.. ' '... *Ftô~~flP.. ,: _'. ,: VILLAGE 10' LMY 91.5 -4.5 -412 280 ¡pd/unit 11 5 ,360 M 67.9 6.0 -407 280 ¡pd/UDit 113,960 MH 18.7 14.5 271 210 ¡pd/uoit 56.910 CPF -4.4 - - 2,500 ¡pd/acre 11.000 Commercial 20.0 - - 2.500 Ipd/acrc 50.000 School 35.0 - - 1,000 ¡pd/acrc 35,000 Park 34.3 - -- 500 ¡pd/acrc 17,150 ~~_.~II~t.4W$jL~~%r[}4t!m~f¡liø.rC(~~_~t?ili¥.!_$J~1III VILLAGE 11 LMY 165.5 -4.5 7-45 280 ¡pd/unit 208.600 . MH 25.3 12.0 30-4 210 ¡pd/unit 63,8-40 MH -48.1 14.5 697 210 ¡pd/uoÏl 14ó,370 CPF 6.6 - - 2,500 ¡pd/uoit 16,500 ComMcrci&1 10.4 -- - 2,500 ¡pd/unÌl 26.000 School 60.0 - - 1,000 ¡pd/acre 60,000 Park 9.9 - - 500 ¡I'd/acre 4,950 ~~_tf..rft1it&lriì".~_~'1.t~.A\1íS.~_¡ - PLANNING AREA 12 (EUC) EUC 70.1 37.1 2,500 210 ¡pd/uoi¡ 525,000 CPF 9.2 - - 2.500 ¡pd/acre 23,000 Commercial 261.2 -- - 2,500 Ipd/acre 653,000 School 10.0 -- - 1,000 ¡pd/acre 10,000 Park 45.0 -- -- 500 Ipd/acrc 22,500 f~tirttiøll.lñ~V1tft4gIJ¡ffim~1il~íàl!lìîr~~}~;~~:~lii~I}J.J.IIR.fÎiS..~1 PLANNING AREA 18a Industrial 215.8 -- -- 2,500 Ipd/acrc 539,500 18 12 -. / DL./ , · · - TABLE 4-1 (Coatinued) · · · · I For the City of Chula Vista, residenlial development is the secondary permitted land use ili Villa,e 3 - the primary use i. iadustrial. If the primary use i. utilized, 165.7 - acres would be cleveloped u industrial resulting ia a Villa,e 3 sewa,e generatioa factor of 2,500 ,pd/acre. 2 A. ån alteraative to the developmeut pre.eated ill this report (or Village. 9 and 10, 0 a (our y.ar aniversity h... also bee a proposed for this area. no ..war facilitios propoNd in this report are sized adequately to serve either the propo.ed development in Villa,e.9 and 10 or a four year university. 0 - 3 A de.cription of the various re.identialland us. categories is as follows: VL . Very low density L . Low de",ity LM - Low-medium density - LMV - Low-medium village dOlllity M - Medium density MH - Medium-high denlity . 19 /2-/05 ---,-_.._-~--"--".,.._- ---- - . --,-- -,....._-,._----_.~-_._~- TABLE 4-2 PROJECTED WASTEWATER FLOWS FOR THE PROCTOR VALLEY PARCEL 't¡~!~(iill ·~<~'~''''··'>IIi¡''''>''''m B'-II !~11£~?~j... .,>.,¡¡¡'¢~ .~.../.:.,~~~. . ~Î1~!J~~.~' _.ym.· . .e~~,~*." :,.jf~~~~!.~~~\:i:d~# ill1\%Wfë51.~' . :<DutÁeM~ 1;Geuram....;n· '.,. . FJò· ~ «.,,.,.:::w··.·. '<'~...*"''i'''' ',. ,...,,_. ". . "IP , .' VILLAGE 13 L 130,S 2,0 261 280 gpd/uDil 73,080 LMV 256,2 3.0 769 280 Ipd/unil 2lS ,320 M 28.4 8.0 227 280 gpd/UDH 63,S 60 MH S4.9 10.0 549 210 Spd/UDi! I1S,290 MH 42.1 15.0 632 210 gpd/uDil 132,720 CPF 9.6 - - 2.500 ¡pd/..re 24,000 Park 10.0 -- - 500 ¡pd/a.rc S,Ooo l~1.."'~~4wl.j~{g14li,*~~t;lÊl~f~~Jì~~~}t.}mfl~\I": < ·...·.;1:::...:..·~~_ ~... di... ....;......,.:.:: N'i VILLAGE 14' L 190.0 1.0 190 280 gpd/uoil 53,200 - L 478.2 2.0 956 280 gpd/unil 267,680 LMV SI.8 3.0 155 280 gpd/UDit 43.400 M 43.7 6.0 262 280 gpd/unil 73,760 MH 10.0 IS.O ISO 210 ¡pd/unil 31,SOO CPF 7.6 -- - 2.500 gpel/uoil 19,000 Commercial 2.9 - - 2,500 gpel/..,... 7,150 Sçhool 10.0 - -- 1,000 gpd/aere 10,000 Park 11i.7 - - 500 gpd/aore S,350 !._~_wlj~€~II~illiî.~.~¿l*t@itf'~r~f(""~ PLANNING AREA 16 VL 169.S - 99 280 gpd/uDit 1.7.720 VL 547.4 - 29t 280 gpd/UDic 81,480 ;!~~~¡~~If.I~~1~zi~f~*ltmifìwtfÑ*~~~I~ì~~I%~liff1~~~~#~zî.f~~t'i_~~ij~" - PLANNING AREA 19 VL 20.0 1.0 20 280 Spd/uDic S,600 ~fi((T:At~{~ø~~~~V$t¡iF~~.~fi~~~1i~ìm1tl!4*ir~t~~]~f:;J~1~M~;::i::?:~t~~ft{¡I.I;~S~~_ I The Counly of S.n Diego plaD permits in .dditional 10 residential units on 20 acres in Village 14. /2-/0(, 20 - · TABLE 4-3 · :!I!;~iÑ!~1 :ZlIat'1 ~lö1t!'f~ ~YW,,¥wli%h,¡~*l~.~~,,{ tkiPwf~t - VILLAGE 151 VL 739.2 0.7 516 280 gpdtunit 144,-480 · M 33.9 7.0 245 280 gpdtuail 68,600 CPF 5.6 - - 2,500 gpdtaere 1-4,000 · Commercial 3.3 -- - 2,500 gpdtaen 8,250 Sehool 10.0 -- - 1,000 gpdt.er. 10,000 · Park 7.9 -- -- 500 ¡pdtaere 3,950 - - I The City of Chula Vilta h.. aD oplionalland pLan for VilLage 15 which would allow for 516 . n:sidentiaJ unitJ Oll the same ac:rea.e:c. The County of San Diego laad pIa a. (or Villa,c l' permit, 433 residential units. :1 Planning Arca 17 is ..bo within the San Ysidro Parccl. but this area i. proposed to be served by 'eptic .!ewer system.. - Table 4-4 summarizes the projected average sewage flow at buildout for the Otay Ranch project by parcel from Tables 4-1, 4-2, and 4-3. As Table 4-4 shows the projected buildout sewage flow for the Otay Ranch project is 9,009,280 mgd. - j'2-(Ò7 21 _._--.'- ------_.. ~_._~,_._---~~~------_.~ -~-_.._._---_..------- Fro,,", 10/., 3 t11.$~ fl_ or. :Se............J-o! ç;.r ()-r.~y {.",'" TABLE 4-5 PROJECTED SEW AGE FLOWS BY DRAINAGE BASIN 1\j~ifi»i~£rh11;Wi¡"11-;'.iâ¡~1¢~~.1-jl ".~~.$!;:"",::, ·7·~Ø~;>'~~~~. .~...*,,,;iL:'$. ,-~··:>.<h~.v':'-.' .«. 4-·- "..:¡::«. - "':. :.,..;~..:~~:..:: ffi&t4im;iî:¡;·:';#éktW~'+1;h ;4.\tMhl<",kIMWIowf'ð~llt,r,.dtit¥iJ. OTAY RIVER PARCEL SALT C~EE ORl 1,268,960 ß ~S III/ r«Iß~ (Telegraph Canyon) A~E.A OR2 1,825.990 (Poggi Canyon) . OR3 1,673.145 ~ ~A(,I- B OR4 453,340 R. S'i4C H 1 OR5 1.582.275 ¡( IS: 4C..H C. OR6 227,420 ~ E:Ac.H S OR7 361,960 ~êACI-/ 'i . ¡( E AGH :s OR8 112,000 1~~\~~~1'~4~11IJltJÌfijtr&1'...%¡71sqst~.:.~~.· . ,. . ~~..~Ii~. PROCTOR V ALLEY PARCEL PYl 71,960 " PY2 14,560 PY3 62,720 ~ E,4(.H 1.- PY4 31,640 ~ TorItL=- 'ZS,sq , &fD PY5 20,440 PY6 249,020 PY7 129,000 PY8 46,200 ) . - PY9 346,260 R-EA(.I- Z. PY10 194,930 R.. EA(.H 'Z... PYl1 88,180 ~ EAC.H 2. ri$Þ~~t~ff~¡::':!::¡~~L:3;~Mfìll~~~~)~!t{f,~I!lît~Ci1J~!fr~is~t~:l~.'~1fj~~~~1 23 /2-ltJ2 · TABLE 4-5 (Continued) PROJECTED SEW AGE FLOWS - BY DRAINAGE BASIN 54t.r '-REEk. I$A~ - í"l«uf1"~'( A. SAN YSIDRO PARCEL · SYl 11,200 f2- fAcH Z SY2 39,760 ~EIkH z. ïo n( - SY3 195,240 1\I"L.V1I """ 'f.t\ SY4 3,080 Pf+(,£ = €7g,.,~ · SYS 01 6.PD SY6 01 - SY7 O' SY8 0' - - I. nnclopmcAt Ia 1).(_ 4n.i.... hul. b ,rvpo," to '" Mr-N4, by Mpdc .,.øea.. - - - - - - - - 24 /2-/tY, _ __ ___.m ___.._"'_..__.._____ _.---,-----_. - ........--.------. ----- -..-- - , >. -.- - . -'- - - - , - , '- ...... ..., , , cO i '- ....---- ;' ) t' .,.~~.:-:.....' : r .... ......- ::C_ \.~.._... - - -~.,:;- ~ _~ ,:C, '- "-' .r G;; .:< ( t -= ~ -~.( -'",:- ./' .:,r.1 --.J-r. l.... ... LEGEND -- PROPERTY BOUN~ DiAl' f{A'/I<H -- -- SUBBASIN BOUNDARY FIGURE 4-2 /"2 --lIt) DRAINAGE BASIN MAP- I I I ~ I N I I SCAlE' ,. I . =5000' I I I .. ....... - . -- :-- - . ~-.:. I I I I I I I I J "" "- " ~m_ - -- .. WILSON ENGINEERING £DU P ¡ll OJ" fZ.c. T7 C¥"J S : oÎ~ ~O-<k. (Jt.'{~I~,~ T,...·.~vT1>-v-'1 n 'sr..\T (.rtÜ '¡;"'~"""".'1nt.:-1. .. Vìll'j~ 5FD ýY Ft:J ¥;""ItI~;..v ~c.¡"Qol Pø.rt<;, . . CIF ""A"'1f"rì-t .. ()). 0\1, A~.-..~ I\<.~ "'"-«IS ~ f<.$ O,AY RIVE.R.. PAIt C.e..L z. $"11. 3'-/1.. Ii - 25 Go. .. 3 G.13 I ì. 8 5", "3 - 8 3.~ .. .. L{ .Ç:n. - :So/) '0 (st.) '1.3 3,0 .. 7 '0 (£¡,..) q,:S 95"3 Wf 8 7.2 2.5 ( .r,c.) II 0 :. .. '3 l.o~1 '{J~ I!. 0 'f I D (Ð-) 'Ô.8 S.t:. . . '1 73$ 1,I)fù g.7 10 (Et..) 8,8 (,,3 10 (E;...) . . Ii) 8J' 271 :z.ù,o z 5 (,fL) 3<./.3 I.{.~ ; I{ 7't$" 3$ ¡o..'( ,0 (£...) I - ',Co 50 (H5) PA /Z-. - 2,..$0:) 13S" 10 (£...) 'fS" ~,l . ISA - - 2/S,g - - - IS ß - - b'1.7 - ~ - :5UðrorAt..- 5: In '1 5, ys,f !J\)Z.S 170 I i3 ,S' QJ.8 éJ)U F"G~ (/) (0.7 S¡ (10) (4) (2) (loL SUðror>t<- 583'1 4, II 't 5,OLS ~BO 267 505 ((;o<.J. ì - .. it. L:,.,,'¡ VSe ¡..fo f rtr>M, lù/z~/ou {nAsrq-Plo-v. or ~......... k... OT"y ~"'^.." I I 1'2.. -j /2 1,,_ /....1 l'tl,~ WILSON ENGINEERING ... "'-. .. ...... · Or,;r., lê.ANt:." ~~.MUJr ~8...r""'>' SALT" C~(K .;rIVT"£A.C£.#r. TO (t:.ONT. ) ... · . ..~.. · I/¡U.A c..é 5~l:> þ,c COMMjXNO SCJ1Co<. P I'IAJ.< CP¡; - . (DV.) (W. ) (A<.u.s) (Ac:.) (.1/<) ... (",) · 1/.4 L-L.- ~ Y PI&:JGTO,tl.. P AItLc. Eo/- .. . · I I, z. 5 7 .. . 13 ',181 - - /D 9. (., ... - 1'1 ~5('3 150 2.9 /0 (e..) 10.7 -zG. ... ...... P'LA"''''MI{. , - A.c~A 1(", .. ... . . 390 - - - - - '.' P"""'''''Nl. . .. A~ 19 20 - - - - - - . .::50 vd l1::)T"1"fL- 3,230 I, ,~, 2.." 10 ~O.7: .1:7,"2- (e..o..; F.I/~) (¡) (O.7$) (0) (Lf) (_2) .. (J!=') - 3,1.30 'J9~ 2.<) '-/0 '12- 17Z 5<.t! """"'- Eð(}, ..... .H - .¡ 511>12.0 .. . "--. '" ... - ~AtJ PA~C.£t.... ....-. -.. .... ...... - .- .. 16 7f..1 - 3,3 /D{i.<) 7.~ s.1.ø .- ¡ - I ("IN FA""") ! (I) (tJ.7S) ((0) (~) (z.) . .~- . (./o) . I - 7(.1 3~ 40 5G. :s~ EDVs I - It.. - E:..DUs TorÆL 9,82.5 5,1/3 5087 7Cøo 3L¡.~ 7.?Co.. , . - (or",.. RA,o.OCJ() .. ... - - I /2-//2 I 1'"'</__ -~._. - -- - -----_.-.---_--..~,.._,-,--_..__..,_._~.__. -.--.-.'- WILSON ENGINEERING E 1t.5 í V1/:: r=: FL ø w Pf!.O:¡fcrivN$ · ( F""" sl". w~~ ¡11....... '<...¡ rJ~sl(,.~~¡ se.e A7'T)tCIIG.O R.Æ v's lõD .S?/€.4rs ) · Re.......t..I-¡ 1- h (,,-nJ4~ w.....,.I.s; po-.T. ß.;<·,"-'S$ ~. · R~"2. (osrJ.J:..e r~.; Is, p"'...... ç;1'~&':, ~ IV.od.:; .-. ~t.,..(.., J : E_\ rl,'" V'S f"J. !, o rc, PllttT'. ¡;~S · - R...e. y¡ éur¡~;' WO!l,I.! 8S,82.0 9f,1 (7dl, ,1-1) 0 é."I.,o¡. -r~.;ls : 38'1, '110 ~ ~'-¡ (T-" 11';') . · fbofr. tc.. ~Tí~ Ío(..( (, <'..., : 108,950 ~/) ("á iY-::) · 57', /80 9r,1 .,,) f(~ 2 '''''T>-;I.uT;"" ........- «~3: t:"~íl" 14 y;~ t"t..s 2 ",380 ?i" (T.~I-c J'I.-.s) ;"'i~I,..!.:c o r¿ 2ß2,532- Ji'J ( fc. ~I~ ~-~) P<>--r.,., (..."..'<. &-"""1 Z,3 t ,800 yJ. (_ / I HI » 144·(. . -. .. .. · .-- .-. 7"33, 7/2.. ø.,rl .., I!.~ $' (_"""~,. ~",rin... , }I<E'''1f .11: '/-zoo fA:) TL..II M( ....ocos = 5S, B20 :jPJ. (,,,,,~ A.J) ""'-T". 8u,s/,...,e'S.s c.....,'7&( ~ 7/,400 ~pJ. (r...,~ ,,, -3) . -- 157, :1.:1.°3 pd ~ ~u-, i.. c."""~lðvn......, TOïI'IL (""-'- R~H~S) /,1..170, //2. <¡¡ø.l . /2 -I ¡II S" IT (,,",,0.1. L_~·_,,...of"t-' 1"'/z.7 _. \.:....I I-R 0 I-R 288 ae 2 BUSINESS CENTER . J . . I 0 I - , - ~ - PQ 49.2 ac ° (HS) LM , - 7.4ac " I \ "" CID -- IG)LM - I LM "0, ! 16.4 ae I 13.3 ae'\ " I 99du L - - i 30.7 '-- 92 - @J>- @ 12.3 ac - LM 25.8 ae 144 du - SA"!.:r C~é"" BA"'N I ~I.ð V n41f.'1 I - I 80vNAM'T EAS"TL...A/<.£ * slr~ vn"'I~¡'"O,.J PL. 9 /2- 1/6"' USE;;> 8'1 "-'AsJ ~""4.' - .- -.... .--..... ._--~._-_._----,.__._~ f'ÄTION "* FR-OM It-1P,tOIl&:M ,""T Pi.:/WS Fot1. £...S-rL.A'tt: 0,..,.,'1. ~k.E.s !<..oM> r¡,.,¡>OtZM.. l-IFr SrA 77.", · . ~m) · '" > < · UJ Z < oJ · >- · < ~ ~ II: <I: 4- ~ · - ~ W ~ < .J I- - ø < w . - - - - i ~ PUMP ST A nON SERVICE AREA - r-J - , - LOCA TlON MAP - NOT TO SCALE NDEX .- 1'2-116 . TABLE IV-I , EASTLAKE W ASTEW ATER FLOWS TOTAL DWELLING · PROJECT ACRES UNITS POPULATIÒN GREENS 830.5 3,609 9,083 · TRAILS 299.0 1.260 3,547 · WOODS 234.1 438 1,314 BUSINESS CENTER 159.2 255 765 ,"JOQ · VlST AS 210.3 942 2,509· '380 · OL YM. TRAINING 236.8 281 2,248 CENTER (I) TOTALSI ~ ~ _:>~~ H."':. ::;;.,......, - - NOTE: (I) INCLUDES ADJACENT COMMERCIAL DEVELOPMENT. - No-r-E (pp :r11-2..3 rt.J" A-I,Z,3"i) - TAi3t.-é:S F-<O/-1 . I- C<..J.e '1 6/'0 - Pwt<-J fG.é;.\}.S é 0 -= M ,.¡--:;-rGA- i2.é. F L.é: if (l.~Of>,oJ.m. 5~"& - z.'òo 5fDl p.... r:~(.)L...) ;z..;171:5 OF UIV ~r F'o__ .s ItJ(......~ r/W"'-' .-D - -z.-O j f.,{ i20t røA, 1"\ vt.,.T", - ¡;,+M t '-"1 . - - - /2.-11 7 .. , . -"--- . ~_._.__._---,._"-~._------ TABLE IV-2 EASTLAKE FLOWS ~UTARYTOSALTCREEK QAVG. NODE (gpd) SOURCE DESCRIPTION 99 351 I .,., ."~ ":" GREENS, WOODS TOTAL AVG. FLOW AND BUSINESS CTR. TO NODE 99 90 1,'O-S,8Z- .. " "" GREENS, TRAILS, TOTAL AVG. FLOW Y1ST AS AND OTC. TO NODE 90 TOTAL: __ 1,1.{57,8'3 TABLE IV-3 - EASTLAKE FLOWS TELEGRAPH CANYON " SALT CREEK & POGGI WATERSHED WATERSHEDS QAVG. QAVG. PROJECT (gpd) SOURCE (gpd) SOURCE GREENS GREENS (NO) HUNTE PKWY (NO), SALT CREEK. GREENS HUNTE PKWY (SO), SALT CREEK. GREENS ESTLKE PKWY (SO), POGGI CANYON. TRAILS 3B'-t,'J'O' TRAII:S EASTLAIŒ ill BUS. CTR. BUS. CTR.(pARTIAL "'1 'ioo:!, . WOODS, VISTAS, ~.. OLYM. TRNG. CTR. TOT AI.: 111111 -- 1,'-IS7,€>15 (5"..... Gt.c;~.... IV-3 gA""'> Ôl"~..) IZ--/I;? TABLE A-1 CONT. WTlAŒ GREEHS IlASTE \IA T£JI FlOl/$ ---- Tout ~C£N'" {To Land Toul People Totel Flow Avg. flow WITHIN So4. Parcel , Use Açres DU/AC D~U. Per DU People Students Facto,. (¡¡xl) c:.~£¡K SA.:! ..-----... ........- ............. ......... ..--........ ....-.... ............. .........-.... ----........- --.......---- vt;-1 In.G CrR 19.& 2,500 g/ec/d '9,000 PO·' 1 FUB/QUASI 12.J 1,500 g/ae/d 18,450 PQ·Z FUB/QUAS 1 1,.8 1,500 g/ec/d 7,200 S-1 NtGH SCH.. 1,9.2 Zl,OO 2Q g/s./d 4B, aoo 5·2 fL!!. SCN. 10.0 BOO 15 g/n/d 12,000 P-1 PARr 15.1 500 g/AC/d 7,550 P'2 PARr J.O 500 g/oc/d 1,500-'" (100'.) P-J PAJU:: 11.0 500 g/Ic/d 5,500 P-I, PARr 1,.5 500 g/ac/d 2,250 p·5 PARr 3.0 500 g/ac/d 1,500'" (100'1_) . OS'1 OPEX SJ'. 2.9 a g/OC/d 0 OS-Z OPEN SP. 1.1 a g/ae/d 0 OS'3 OPEN SJ'_ 1.9 o g/OC/d 0 OS-I, OPEH SJ'. 7.8 o g/OC/d 0 OS'S OPEH SJ'.' 6.J o g/OC/d 0 os·& OPEH SP. 1,.9 o g/OC/d 0 0$-7 OPEN SJ'. 5.9 o g/OC/d 0 CLUB " '.0 2,500 g/ac/d 10,000 GOLF CRŒ 156.' o g/oc/d 0 MAJOR CU. 88.' o g/ae/d 0 FUT. URI. 6.0 o g/ae/d 0 ---.....-.. ----- ----..- --.......... .......--...-- -------.. --.....-..--..- '18.1 3200 162,950 - 'OTE: Plrcot "~s and NUlÐtrs Of O....lllna units TOr.... L- were obtained fr~ The Sh. Utitizatfon Plan (SA"'''- CJt.~£"'- 3<10,750 . For E.s.l.~e Greens doted: ZlI6/89 Oi'lL.1) S~.s,'" ::}pct - . - . , - , - /2--/19 A-2 . ~-_.~._-_.,.~~.~------_._._'" _.~~---- -- - ---------- ----- -- Fn:r-. L... tre-\ 11:> a.-...,¡.. Vi s T'I. Fí!r1'V< E~rl"I<e., "Z.I<;"~ SALT CRP.P.K BASIN CRAVITV S~R ANAI.~tS &wer service to the Salt Creek Basin within the EastLa1ce Greens ProJeer in eunently provided by the Ot8Y Lakes Road Uft Station (located It Otay Lakes Road and Salt Creek) and the Telegraph Canyon Trunk Sewer. The proposed EastL.aXe Greens General Development ~ Planan~a Amendment eff'ectl the following parc:cls witlún the Salt Creek B . '. Parœ! Exisdn¡ tJrùtJ Proposed units Incrcue+/ Ccaease· R-3(1outh) 42 .51 9 R-lO 167 246 79 R.-ll 92 87 <5> R·22 1046 141 <5> R-23 205 214 9 &-27 040 44 4 Net Cb."ie In UnJts 91 i'11e flow renerated by the additional 91 dwelling units (based on 250 QPD per DU) is 15.8 GPM. This amount represents an increase of 1.4% over the 1100 GPM flow nate assumed to be renerated by the EastLake Project within the Salt Creek Basin (see Telegraph Canyon - Sewer Ba.sin Improvement and Financing Plan Mienåment rncorporarln¡ Pumped Flows, FIg¡¡re S, Page 11). The operation of the Ota)' Lakes Road Uft Station and Telegraph Canyon Trunk. Sewer should not be si¡nificanrly Impacted by the rel~tive1y minor inaease in the Bow rate. )2-/2.0 TABLE A-2 EASn....(E TV-I LS VASTE VATEl FlO'..IS z~=...S3~~=a3.=.3=--a.~:z=-=- TOUl Land lotal People TCltal Flow Avg.. FLow Parcel ~ Use Acres DUlAC D.U. per DU People Students f~ctClI'" (g¡:d) ..~--_... .....-- ..........- ---.... ............. -...---.. ---..--..... -"."-...... ----........ ....--....-...... 1 COIOi IS.0 2,500 Vao/d 37,SOO 2 CHIJ11CH '.0 2,SDO gtao/d 10,000 3 os sa.o o Vac/d 0 , '-LH 2S.a 5.6 3.0 '32 2.80 19 t/ ...,'( ~ '-/0,31.0 S "M 21.7 10.3 2.5 S5a 2.10 eEl )l1....,d ~ <f<:.-,1330 6 "lM 36.a 6.0 3.0 663 z.e.o Be .' _I d ~ '-1,880 7 OS 1.1 o Vao/d 0 6 "LII ".9 5.9 3.0 79S Zßo ~ J/ea/d ð;-6ee 7'1 1 ~QC> 9 "MH 13.6 17.7 2.5 610 21,::1 19 J/uld ~ S',2.'10 10 R'L 23.7 3.0 3.0 213 2-60 I~ ";alII ~ ''',880 11 OS 1.' o VaOld 0 12 R·L 30.7 3.0 3.0 276 28° .1"1 g"·""'/d ~ 2.S ,7(.0 13 PAR( 9.6 SOD Vao/d ',aoo 0.0 o g/ac/d 0 " PO(£S) 12.5 aoo 15 g/st/d .12,000 .-.....--.. --""'''--- ................. ......-......-... m.D 3S'7 aoo JJ¡ð,3IO 38'1,'1/0 TABLE A-3 - EASTV.~E uo:o s VAST! VATER FlOUS -~--==szz__~__ ToUl Lard Tout Peopl e Toul Flow A'V9. Ftow Pal"'cel : Us. A.crn DUlAC D.U. perOlJ Poopt. Students Factor (g¡:d) ---..---- .........-. ...-.....-- -...--. ......-- ------ .------.. ......---..- ........-....- -.--..----. 1 a R'L "1.1 2.' 3.0 3"1 z80 Ie Jl'./J ~ 3Z.,'i~O 1 b R-l S5.0 Z., 3.0 396 -z.B¢!oB J/ __/5 ~ 3"'1~"O 2 I((JHS) 20.0 1300 20 gtst/d u,ooa 3 a R'L 26.2 2.5 3.0 19S Z.50 IQ '/"/0 ~ 18,2.0~ 3 b R'L 0.0 I/_c/d. 0 3 e R'l 5.0 2.0 3.0 30 z.'80 I; .I'-_/d ~ L ¡ Boo R'L 0.0 gtoa/d 0 , PO(ES) 10.0 100 15 g/st/d 12,000 S PARr 7.0 500 s/lo/d 3,SOO' ó a R'L '3.3 2.' 3.0 31S ~Ia .lea'-. ~ 2'1, ~oo 6 . '-L '.5 2.2 3.0 30 7~" 8; ./c./J ...,-, 7. I e>oo 7 PARr 1S.0 500 g/lo/d 7,SOO --.-..-.. . ........--.... ...............-.. ................ 23'.1 131' 2100 ~ 171¡'-'1b . . 12--/2/ A-3 - ~_..__._- ----. "._ _n_."._.___ ___.._.....___ .__ _______._._..~._.~.___,__._.______ TABLE A-4 EASTLA(E auSINEss cENTE~ ~ASTE ~ATE~ Fl~JS ~====s~s=s==~=~=~~..s:s:=.==~==. TaCat Lard TotaL Peopte Tatal Flaw AYfJ. FlO\l Parcel : Use A.::rtS OU/Ae a.u. per au Peepl. Students Factor Cgpd) .........- ...--..- -....---.. ..--.... .............. ----..... --_........- -..---........ .......-.....-.. -........---..... I. I'~ 17.5 2,500 ¡/a./d 43, rso I à I'. 32.1 2,500 "a./d ðO,250 ! 7.5 '2,500 ¡/1./d 18, rso 1 . 1'~ Z I·, '6.7 2,500 1/1./d ",rso 3 I I-R '5.9' 2,500 ¡/1./d 39. rso ... 3 b I'R 12.9 2,500 ,,"./d 32,250 , I R-U1 18.6 '.5 3.0 252 zeo S9 J{ U/d ~ 2.3, S.o ('00 , à .-U1 6.0 '.5 3.0 ð' '2.e><O 89 I/.¡¡/II ~ 7, Sc. 0 (100 i R-U1 0.0 ".a/d 0 , 4 . R-U1 32.0 '.5 3.0 .432 '2..'8o,aQ 11'40/4 ~ '1°I~tO ("'" I I·. 0.0 I/lC/d 0 ---..--- n -..--..-..- .--.......-- --.....--..-..- I 159.2 765 0 3+1'-;Te& 32..;1"00 I 'tit 1'EAu,..I1"...c.~ :slO........ TABLE A-5 I'ö... ~T c:.<Iì eo.<.. Bill'''' 1"ot.&,JrwI'T AIUA EASTLA.cE VISTAS \/ASTE \/ATa FlOYS (""11¡'1003f'J.) ---- - -- Total lard Tatal . People TotAL n... Ayg. Flow 'arcel # Us. Acres OU/Ae a.u. perDU POO1'le Students Factor Cg¡x) ..............- _..-..-... ..........--.. ....--- .............. ...---.... ---..-...... -------- "..---....-- ...............--- 1 a .'l 0.0 0 80 I/.a/d 0 , à R'l 36.5 2.0 3.0 219 ;;!.80 50 ./o...'d ~. ZO 'i'lO 2 I ~-l. 0.0 I/ca/d 0 2 à R-M 30.6 8.5 2.5 650 Z'O I; lI.a/d ~ ~~,"oo 3 I-MM <S.8 1'.5 2.5 935 2.10 19' 11../1: ~ 78,$'10 4 R'L 34.0 2.0 3.0 216 2.600 liB ...·....,d ~ 2.00 11..00 47.0 3.0 z.2>O .1:1 ,.'n'd 1 5 I .·L 2.0 282 ~ ,Z..c..;32.0 5 b R·L 3'.4 2.0 3.0 207 ~ IQ J:n/d *:*Ø- I" :3 LD I ......... . ................ .............-. .........--...... 210.3 2509 a 2Se,1Z.8 ~I~ , 380 TABLE A-6 EASTLA([ OLYMPIC TRAINING cEIITER ~ASTE ~ATU FLCIIS __--.a___ - .-........---- -- Tacal Land Total Peoplel People Tacal Flaw Avg. Flaw Parcd # USO Acrts !ocr. aUIAC O.U. per au Pc<>¡>l. St1.denu Flctor (gpd) ................ -....-.... ...--...... .............. -..-_.. -........._- -..-...-- ..........-.... .............. -------- ... .......-...-.... I a R'N 8.9 16.9 2.2 330 :2'0 !Ø ,,',./fI ~ 3/,$00 I à PRO.& ADM 3.2 2,500 1/1./d 5,000 I . V1ST .ca. '4.8 ',000 g/ac/d 59,200 1 d RETAIL 7.0 . 2,500 I/../d 17,500 . 2 a OT'RES . 13ð.0 '000 80 gjra/d 50,000 2 à or-S\JPP. 12.0 43.7 52. 80 gj.>./d 41,952 2.2.., '"~O.@ 2 . OT-Tr. Fae. 3.5 283.5 "2.80 a.o J{~.:d ~ 0.0 g/o./d 0 0.0 ¡/oc/d 0 3 PAR( 43.. 500 9/0c/d 2' ,700 ................. .............. .......--.. .................... :z.62. !>32.. 227.3 21S8 0 Z'N,·C2 . /1-- /2.-2- WILSON ENGINEERING AQJlICfNT '~of'£f.i1 ts . B~£O ON 1S5\J{ {'t>.PER. PRO~#T Te;I'\r"1 NM.~A~ 31'j iJ"'lT:i X '2.Sð &(JP/UN/1" = 87, '!zo !'\p'¡ /2 -/23 I I I 1.."./..,..., _._.~._...._._--_.- ---- -------- -,.--- - .'. ._---~,_.__..._---~-----_..,.__._------ TABLE 6B Density Yield Assumptions for Adjacent Properties (Revised to reflect a total of -2000 .units) Land Use Alternative Net Densityl Potential Units on2 (du/acre) Adjacent Properties Baldwin Submittal 4.0 627 Phase 1 Progress Plan 3.5 552 Issue Paper Project Team Proposal 1.9 3141k' Project Team Alternative 1.8 299 Law Density Alternative 0.8 150 » 1 Net density: Density calculated based upunapproximate residential dc\'c1opmcnt acrea&c only. .' 2 Based upon 397.5 acres o( property adjacent to Central Proctor Vallcy, Assuming net density (or areas o( under 25% slope (approximately 149 acres), and County General Plan (1 du/8 acres) (or areas o( over 25% slope. /2-/2-'1 - -, .'þ/' .' .~:"" .' ",!.~ ''''': '" ., , .' ' . ~ , z. .x . x x. J, . > '.'. -. " <0 ¡¡; W' W" C-=-J.' . ~. X 0 "-/9" " w . . ",I " "w ., "' xw .. .. ." . " C) ~= ~ ~: , ~ " -... -.. w....ii\' ..... ~jã; i l5 '"''i z·· .,. . ~"I " :z:i~.. §!ji " . I ~ ìi · I . .0-----; . , . , . , '. ,<.>........ i I ....:.- , , -- j- l- \ '! ;~. ,.' . . . . ", ...- :!. . , , ----i ,,~ ._ J'..{~?: F;' L_ . . ~ :-.. i.1·.. \-. ....",.",., ';, ~ ;~ , 'i / .--.::-:,:....... - " cT ~.;::. ¡~:~,.~ ',-..- " '- f .D.> ,- r --I J · , -,~" , 1 " , ,\ ¡1~' ;.. ·~t·j}}~f -, " ~, ;.·~T¡.:.~I,....·~ \ . , " "\i'; .};. '. ,. \..:;;-.t:--~, i._ ,.~ '. ~.......,.:--.-: , :·i~)f.~i~f~~ f, . , , ti . .' . 0 f ¡..-:-: § " 0(" , " ! 3;; æ: ~ · 01 a 0 · ¡ · · 0 z . -.........:- :z: ----. .~ w ~:: È , " .- · , j ~ Ii ; , , , , I I , , /2--/26 ..I".. , , ,. , I I ~~-- ~-..__...- ____. _n.._·,." .____.. -.-....-- _ M__._____n_ APPENDIX "B" /2-/ 2~ ORDINANCE NO. 2617 AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA ESTABLISHING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS WHEREAS, developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's portion of the total cost of the public facilities; and, WHEREAS, ell development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and, WHEREAS, the Salt Creek Sewer Basin (Gravity Basin) is that area of land within the City of Chula Vista and the County of San Diego from which wastewater will flow by gravity from Salt Creek into the Otay River Valley. The Otay Lake Basins are those areas of land within the County of San Diego from which wastewater will flow by gravity into the Lower and Upper Otay Lake Reservoirs, a portion of which will be pumped into the Gravity Basin. These areas are shown on the map attached hereto as Exhibit" A·, Salt Creek Sewer Study Map. This map is also included as an attachment to the Salt Creek Basin Gravity Sewer Analysis; and, '\ WHEREAS, Wilson Engineering has prepared the Salt Creek Basin\vity Sew~r Analysis ("Report") dated November 1994; and, WHEREAS, the Report has determined that new development within Upper and Lower Otay Lake and Salt Creek Basins will create adverse impacts on the City's existing sewer facilities-to wit, that there are no existing sewers which can serve gravity sewage flows expected to be generated from new development within these Basins-which must be mitigated by the financing and construction of certain sewer facilities identified in this ordinance; and, WHEREAS, said Report includes an estimate of ultimate sewer flows anticipated from the Otay Lake and Salt Creek Basins, recommends sewer facilities needed to transport these flows, and establishes a fee payable by persons obtaining building permits for developments within these basins bénefiting from the construction of these facilities; and, WHEREAS, on October 18, 1993 a public meeting was held with the owners and developers of properties located within the Gravity Basin to discuss the Report and city staff recommendations for establishing the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the Environmental Review Coordinator conducted an Initial Study, 15-94- /2-/27 ----~-,--- --.-.._-"- Ordinance No. 2617 Page 2 - 24, of potential environmental impact associated with the proposed Project and has concluded that there would be no significant environmental impacts, and.recommends adoption of the Negative Declaration issued on IS-94-24; and,. WHEREAS, on November 22, 1994 a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and establishment of the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Salt Creek and Otay Lake Basins in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: - SECTION 1. Environmental Review. - That the Project will have no significant environmental impacts, and the City Council of the City of Chura Vista hereby adopts the Negative Declaration issued on IS-94-24. SECTION 2. Approval of Report. The City Council has independently reviewed the proposed Report herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, known as document number C094-260, a copy of which is on file in the office of the City Clerk and the City Engineer. SECTION 3. . Facilities' . The facilities which are the subject matter of the fee herein established are fully described in the Report at page 10. Table 5 thereof, and the locations at which they will be constructed are shown on Exhibit "A", Salt Creek Basin Sewer Study Map. which is included in the Report, all of which facilities may be modified by the City Council from time to time by resolution ("facilities"). The City Council may modify or amend the list of - projects herein considered to be part of the Facilities by written resolution /2. -/22' Ordinance No. 2617 Page 3 in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow. SECTION 4. Territory to Which Fee Is Applicable. dR,.+, '1'~ I ., !' - C)¡ "; I The area of the City of Chula Vista tó which the Fee herein established shall be applicable is set forth on Exhibit "A", and is generally described as the Salt Creek Sewer Basin. that portion of the Upper Otay lake Basin north of the Salt Creek Sewer Basin, and that portion of the lower Otay lake Basin east of the Salt Creek Sewer Basin. SECTION 5. Purpose. The purpose of this ordinance is to provide the necessary financing to construct the Salt Creek Interceptor within the areas shown in Exhibit· A.. SECTION 6. Establishment of Fee. A Development Impact Fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU"¡ basis, and payable prior to the issuance of a building permit for a development project within the Territory, is hereby established. SECTION 7. Due on Issuance of Building Permit. The Fee shall be paid in cash upon the issuance of a building permit. Ear!y payment is not permitted. SECTION 8. Determination of Equivalent Dwelling Units. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi- family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit "B", EDU Conversion Factors For Financial Analysis, and is included as Table 6 in the Report. SECTION 9. Tim-e-1:Ð-.Qetermine Amount Due; Advance Payment Prohibited. The Fee for each developiirent sha!L?~ calculated at the time of building 11--/29 _...__..~._.~~ __ ",·____.__n____ ___~__.___.___~___~___ Ordinance No. 2617 Page 4 - permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 10. Purpose and Use of Fee. . The purpose of the Fee is to pay for the planning, design, construction endlor financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Fee. SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule. The Fee shall be calculated at the rate of $284 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section C, which shall read as follows: - "C. Salt Creek Sewer Basin Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No.~ but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there are additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth in Exhibit' A" of the Salt Creek Basin Gravity Sewer Analysis dated November 1994, and is generally described as the Salt Creek Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. b. -Rate per EDU. The Fee shall be calculated at the rate of $284 per EDU, which rate - shall be adjusted from time to time by the City Council. 12 -/80 Ordinance No. 2617 Page 5 c. EDU Calculation. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0,75 EDU. Every other commercial. industrial, non-profit. public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Table 6 of the Salt Creek Basin Gravity Sewer Analysis, "flow Rates and Equivalent Dwelling Unit Factors". d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit." The City Council intends to review the amount of the Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this Fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are limited to, the fOllowing: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate. such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. . '. SECTION 12. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Fee shall be deposited into a public facility financing fund ("Salt Creek Sewer Basin Benefit Area Fee Fun¡j", or alternatively herein "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 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. /2-/5J ..- .._..._._~..- - - ... _._-~._._- Ordinance No. 2617 Page 6 - SECTION 13. Findings. The City Council finds that collection of the Fees established by this ordinance at the time of issuance of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting -for growth impacted public facilities. SECTION 14. Fee-Additional to other Fees and Charges. 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. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for - improvement under the Basin Plan to be constructed to accommodate the sewage flow generated by the development, the City may require the developer to install Facilities according to design specifications approved by the City. Such improvements shall have the size or capacity necessary to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall offer to reimburse the developer from the Fund either in cash or over time - as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to offer reimbursemant shall be independent of the developer's obligation to pay the Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of the written agreement, grant credits against the Developer's obligation to pay - the Fee, and may thereafter, use the proceeds of tha Fund to reimburse the I Z - /8 z Ordinance No. 2617 Page 7 developer from the Fund either at the time the expenditures are incurred or over time as fees are collected. at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee. and in an amount agreed .to in advance of their expenditure in writing by the City. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 14 or 15 above shall be conditioned on the developer complying with the terms and conditions of this section: 0 4 ' a:--W'~itten autho~izati;n sh~1I be requested by the developer frorTI the cït~ and issued by the City Council by written resolution before developer may inc.ur any costs eligible for reimbursement relating to the Work. ; b. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (1) Detailed descriptions of the Work with the preliminary cost estimate. c. If the Council grants authorization. it shall be by written agreement with the Developer. and on the following conditions among such other conditions as the Council may from time to time impose: (1) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the Work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the project; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. /-:2 -133 _.' ·__··_~_·.m._.__..._._. __ ...__.__________ ____ _____ Ordinance No. 2617 Page 8 - (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the construction of the project. (7) The developer shall advance all necessary funds to design and construct the project. (8) 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. 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. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. (10) The agreement may provide that upon determination of satisfactory incremental completion of a Facility, as approved - and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25 % of such costs until issuance by the City of a Notice of Completion. (11 ) The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Fee for building permits to be applied for in the future. (12) 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 project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Fees required by this ordinance against the City's duty to reimburse the developer. - . /2-13¥ , Ordinance No. 261 7 Page 9 (14) If, after offset if any, funds are due the developer under this section, the City shall reimburse the developer from the Fund either at the time the expenditures are incurred or over time as Fees are collected, at the option of the City, for eligible costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee; or the developer may waive reimbursement and use the amount due them as credit against future Development Impact Fee obligations. SECTION 18. Procedure for Fee Modification. 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 burdens of the development, may apply to the City Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project, 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 modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized b.y law for protection or challenging the Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Fee. SECTION 20. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation of the Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement /2--/35 --,.-..--".-- Ordinance No. 2617 Page 1 0 - shall be based on the costs included in the Basin Plan, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. 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 Facilities. SECTION 22. 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 54995 after the effective date of this ordinance. SECTION 23. Other Not Previously Defined Terms. For the purposes of this ordinance, the following words or phrases shall be -. construed as defined in this Section, 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 as adopted by reference by this City. (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 Section 65927 and 65928 of the State Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. . - /2 -IB{, Ordinance No. 2617 Page 11 SECTION 24. . Effective Date. This ordinance shall become effective sixty (60) days after its second reading and adoption. Presented by d as to f9rrip by I , ~~~~ ,fjJ/ Director of Public Works City Attorney /2-137 --~---~-"",._-------_._,~ - No 2617 Ordinance . EXHIBIT A Page 12 , ! i j J ~ I , I I I ! ~ II i I I I I I ~ I - 12 - /3g Ordinance No. 2617 Page 1 3 EXHIBIT B EDU CONVERSION FACTORS FOR FINANCIAL ANALYSIS Land Use Sewage Flow Rate EDU Factor Residential - SPD 250 gpd!DU 1.00/DU Residential - Multi-Family lS7 gpd!DU 0.75/DU Commercial 2,500 gpdlacre 10.OO/acre High School . 20 gpdlstudent O.DS/student Junior High School . 20 gpdlŠtudent O.OS/student ElementaIy School · 15 gpdlstudent 0_06/student Park 500 gpdlacre 200/acre O.T.e. Training Facility 250 gpdlDU 1.OOIDU O.T.e. Residential Dorms SO gpdlperson 0.32/person O.T.e. Support Staff 80 gpdlperson 0.32/person O.T.e. Visitor Center Acres 4,000 gpdlacre l6.00/acre CPF 2,500 gpdlacre 10.OO/acre O.T.e. - Olympic Training Center CPF - Community Purpose Facilities . If number of students is not provided, use 1000 gpdlacre or 4 EDU/acre /2-/31 .-------.---- ~--_.._..- _.----,~.--- --------.-~-----_._- -- Ordinance No. 2617 Page 14 - PASSED, APPROVED and ADOPTED by the City Council of the City of Chuta Vista, California, this 6th day December, 1994, by the following vote: AYES: Councilmembers: Fox, Padilla, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: - c{?Llr!t () (L--¡, ß£ Beverly Authelet, City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO ) ss. - CITY OF CHULA VISTA) I, Beverly A. Authelet, City Clerk of the City of Chufa Vista, California, do hereby certify that the foregoing Ordinance No. 2617 had its first reading on November 22, 1994, and its second reading and adoption at a regular meeting of said City Council on the 6th day of December, 1994. Executed this 6th day of December, 1994. ~ ( tZ:d:ß,£ Beverly . Authelet, City Clerk - 12~/t.Jo APPENDIX "C" /2 -.Jr.¡ / .....-._--- -------------~_.- - - - ---_..~-----,.- ------- ------ TABLE 3.3a Construction Estimate for ROCK MOUNTAIN ROAD AND HERITAGE ROAD TRUNK SEWER LINES (Wolf Canyon Trunk Sewer Facifíties) Heritaqe Trunk Sewer Item Q!y Unit Unit Price Amount A-1 12" PVC Sewer 1,500 LF $ 110.00 $ 165,000.00 A-2 10" PVC Sewer 3,100 LF $ 90,00 $ 279,000.00 A-3 Manholes 16 EA $ 15,000.00 $ 240,000,00 A-4 Overexcavation 1000 CY $ 20.00 $ 20,000.00 A-5 Salt Creek Connection 1 LS $ 75,000,00 $ 75,000.00 A-6 MoblDeMob/1 nsurance/Bonds 1 LS $ 75,000.00 $ 75,000.00 A-7 As Built Plans 1 LS $ 10,000.00 $ 10,000.00 A-8 Monitoring & Cleanup 1 LS $ 10,000.00 $ 10,000,00 Subtotal $ 874,000,00 25% Contingency $ 218,500,00 Construction Total $ 1,092,500.00 Soft Costs (15%) $ 163,500,00 Total $ 1,256,000.0º Rock Mountain Trunk Sewer Item Q!y Unit Unit Price Amount B-1 15" PVC Sewer 7,400 LF $ 145.00 $ 1,073,000,00 B-2 Sewer share for pioneering road grading 1 LS $ 212,000.00 $ 212,000,00 B-3 Manholes 25 EA $ 15,000.00 $ 375,000.00 B-4 Access Road 2,000 LF $ 35.00 $ 70,000,00 B-5 Salt Creek Connection 1 LS $ 75,000.00 $ 75,000,00 B-6 Mob/DeMobll nsu rance/Bonds 0.75 LS $ 200,000.00 $ 150,000.00 B-7 As Built Plans 0.7 LS $ 10,000,00 $ 7,000.00 B-8 Monitoring & Cleanup 0.7 LS $ 10,000.00 $ 7,000.00 B-9 Construction Fencing 20,000 LF $ 0.10 $ 2,000.00 Subtotal $ 1,971,000,00 25% Contin ency $ 492,000.00 Construction Total $ 2,463,000.00 Soft Costs $ 1,997,000.00 Total $ 4,460,000.00 Road Costs C-1 Earthwork 1 775,000 CY $ 1,25 $ 968,750.00 C-2 Export' 425,000 CY $ 1.50 $ 637,500,00 C-3 Arch Culvert Crossing' 600 LF $ 5,000,00 $ - C-4 Overexcavation of unsuitable fill 5,000 CY $ 20.00 $ 100,000.00 C-5 Subdrains 3,600 LF $ 18.00 $ 64,800.00 C-6 Drainage facilities 1 LS $ 375,000.00 $ 375,000.00 C-7 Environmental Mitigation 1 LS $ 500,000.00 $ 500,000,00 $ 2,646,050.00 B-2 Sewer share for pioneering road (8% of road costs) $ 211,684.00 1. 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Please allow this letter to serve as our formal request for reimbursement for the construCÚon of the Salt Creek Tnmk sewer through portions of the Eastlake Trai1s South Projcct to Olympic pan.-way. These improvements had been bonded as part ofthc Eastlake Trails project and installation is now complete. Enc1os~d pJ= fin the following documents for your review in establishing reimbursenicnt. 1. DetaiJcð Summary Sheet of Costs 2. Bid Comparison Spread Sheet 3. Copy of Bids 4. Copy of contract awarded to lowest bidder. 5. Payment Invoices and Lien Releases 6. Copy of Bond securing improvements . ThaIJk YO"U for your assistance. Please let me know if any additional information or backup is needed. Sincere1)', THE EAS1LAKE COMPAI\'Y ;t;~ I¡f'lii¡'~ . Bill McKibbin Assistant Project Manager . . -- /2 - ¡tf7 -- ~._".__.--.__.._._- ---- --- ------ --,"", ~. . .. "., ...'-.'"'....;.~. . ..-' ..- ~:....:..:.:......,.¡- ~~) ;=.,,'~ "":;;!-'~;'<'-""'¡"~~~ . Trunk Sewer Reimbursement Trails South! Club House Drive Cost Summary i Cost Summary Installation of Pipe 18" PVC SDR35 Trunk 12181.£ @ $71.39 $86,953.02 18" PVC C905 Trunk 11091.£ @$84.96 $94,220.64 . 18" Temp Sewer Plug 1 EA @$110 . $110.00 Sewer Manholes per S-2 2EA @ $2,450 $4,900.00 Sewer Manholes wi Lock Cvrs. 14EA @ $2,700 $37.800.00 Subtotal $223,983.66 Engineering design 7.5% of improvement $16,798.77 Soils Engineering 5% of improvement $11.199.18 ~TotalIniptovement CóSt \$251,98I,61· . ., TotaI credit requested this submittal In accordance with .city ordimnce 75% credit upon approval and bonding . of improvement. Total Credit . I@ 75% Trunk Sewer DJF credit requested" >:$188,986.21 . ($251,981.61 X 75%) ! - IZ-/L/? 18/16/2001 11: JO FAX 61942118JO EASTL4...1U:: t.:UMriU'IX ~......,:, . D---...o.. 8(Jrtech Pipeline Lie. # 7~fW}2 Bid PrcJpøssl '...... - -- B-OOeB 16'91 42,-o1Z7 JoIy 21. 2000 ........ ,",I &sll.k. Co. IS191421-1S3o -... - 900 Loan! Avo. !lte. 100 Eutl*. TroU$ Nqrt¡ - TII S r. 7 . ~....... ...- ch~ v"'" tA 91914 Ch~k VItI. - ....... ....- Bob NJqvrs lt11PrÞV."'.nt Plan t~'~.~"~ Ont'. Urù! Unit Fda. Tø\oal Prl.. ~ 1 1 S' PVt: 6DA-36 l;_onnoIn 2,204 Lf 36.00 (7.140.00,-- -J. 2. Sowor Manhole IS-Z¡ wI I a' p1po 5 ea a.06O.00 15.260.00..... : S' pve SDII";!. S.w,rmaln 6.738 If 16.00 gl,608.00 . 4 S....... Manlwl, . 22 e. 2.,300.00 60,600.00 I; ~' rve Sowar Latlrtla 141 Eo 3eO.oO 50,7BO.00 B 8' PVC Sew", P~9 :i E. 200,00 600.00 7 Romove Cop fa Con""ol to axllUl'I9. S' rve , E. 600.00 aOO.oo of S COMeCl 10 ",,~Jng 1 B' pve , ~. 1 ,500.00 , ,600.00 -' ~~~* ~!i1~~.OOJ,· .. " ~'¡'~itó\("~~iJcrJm , 6' I'Ve CSOO CL 160 W.tormaln . 7.224. Lf 17.00 '22,806.00· Z B· G"'t:8 V.alvc 24 Eo 900.00 21.BOO.00 3 B' 0.1 Bend. wI ~ blaok 1 E. . soo,co 300.00 II Fife H~dr>nt M.embl~ 20 e. 2,G6o.00 47,000.00 5 6' End DIp Asa<imbly Z Ea 'fOO.OO . BOO .00 E; S' W.t.r Cra..I"II" Ductile lIOn .1 Ea 3,OOO.QO 3,000.00 1 1· Want SeIV10es 141 ¡¡I 600.00 70,BOO.CO B Remov. c.p II. CQnnac1-m' ~ S" rvc ~ ¡¡a 1,300.00 .~,200.00 l~rJ/!:~~'~'.t 271.205.0Q f . - ijjSIi;'1jj,~tIr..\U,1.!t~iI1I'~taj[t 66MB6.o0 , , .ftJ~.·. Not.., 1 5hæt 9, et The W<rter ~11g e Ð1ow-off·0' I'Jr 4 V_ Valve A1~mbly .ho.... It I\Dt .!lew,,- Eitf¡....1Ie or baTh IT1'1)' be ~uirei No.. .1Io..n Oft pion,. :/. $cW&/' McnIu>I...: ore bId.. S-Z 3 ExcIud.. looltino All\¡¡ « Cov..,. 4 ex.."'d.. T-Lock pve Un", & Sower Cleanol.t\ö õt 1hc property line "'" not Includ.ó In jI¡I., PIOpa"l, Thoy Itl'. b. /ri.nal'-d by Plumb.t. Accep\oå 8y: Submitted B1' /...t ~-U¡ Ez.~ah cQ, BU'"'''' Pip.in., Ie.. Date:: Date; 12-~/ '19 ,g2 ae.ond Strf¡.: - EneWt.., CA. 92024 ,--,--------_..,---, .----_.~~..~-_.._------_..- _.,--,---~-_._--- ,~ .// .... . ~- "" co~ ~ SALT CREEK ~ ......, ~"" MilK .. \ . . ~ ,. " '. .\ " ;1' ., ., I ., 'I -. "I ,1 Ij ;1 -. . I I ' -- , , .. .~. ".',' '- , ". '. ~"""- ". '~....:, ..~. , , - -: ...... ,,- '" lEGEND MM.(IM P"rJ '. A&J. L:r.s Lor SIlE DNeCst::Ir4" '- "" .." W'M . , TS~2 71 6ODO 60' X 1 ocr T5--3. ~ SOCO SC X 1 per =" - ,.,'W ~ "" · - ~'W . 1'5-5 ,.. !ISO <5' ~7C' . ", TS-6 71 2750 SO' X S' ",,_ U__ ,,_ /' ~"¡-1 30 73SO 70' X,OS' _---.- ."~ '-.- .-tooL . YRlVATE RECi'ŒA1l0N CENTER . . pueUC PA!1K . ~J?"':¡ .., ~- ~,,','" ///2" "'¡CO IQÇ -' .-- ........ --.J APPENDIX "E" I I I j IZ-/6/ _ __ __ _ __.'__ __.u___.'_________n_.____n_______.. . -.-. t: o -c '" I/) '" .c I/) '" ~ '" '" - ..J t: < .~ l- I/) ° 00 '" I- ..J -c >< '" . _~ :r:: ~I- 00 "" :r:: u.j ..,...J W I-U l- t: 0 In< < ~'" - Ow -= ¡¡j E II:: U II:: == QJ ~ c.. ..J W ~ !:c.!:: ~:r:: [ß oC') Z ~I- ....J t:~ ~ 0LL. < 01/) 1-0 Z .- '" t: :J u::: o 0" - a. '" LL. <~ z ëi .:.:;; < ~i ~ .9- L() « ÕC w arQ oð Il) < ~ U C'? CC "" u me.. 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Z....J....J uu Z I- Q) ~;:) W U .. ..c:1- '" ..J :J 0 - II:: t: - .. :r:: I- oi..:U ..c¡.. In ,ë·-CII.....=·-'lt.. ~ U cc z u~~b~ã~~~ 1-.,.... 'I""" < "¢' ° ..u-t:.ct:-~- 0 W G) 0 ::s 0 0 Q) ca ::> 0 0::: U 1I::..JIIIU..,..J::Ecz 12 - /52 APPENDIX "E" I I I j /2 - /53 . _.. ·__··___'___·_···..~_·"____·_______··_·_._·____M'__.____,_".._..____~ c 0 1:J Q <J) '" .c <J) '" ~ Q .æ ...J c 0> < ,jj I- Q 0 en 1:J I- ...J '" ><; ~.<;; :I: "'I- en cð J: u.j -.:ti w I-U .<;; OJ U en< ~ U E æ Ow :. '" >- D. UII:: Q '" ¡::: 0::0. I- ...JW en -0> Z :ctJ: W o c '-1- c::¡:¡ ::J Ou.. -' o <J) 1-0 « :e ~ Z o CT .... ¡¡: - a.. Q ~ u.. « ~ >3: 15 , - ~.... « O~ I-:I! ~ - .... '" « -C W 0.0 cð '" U< w OJ_ 0:: eM cc cð QO .... cc U -~ I- cw :I: .... -cð U :I: Z -' -m~ ~;'}¡~ 1i]1i]oð 0 « 1-- en e!0 en I- - ~ uen ZU 0 _ >- 0::01$0:: »IJI OW 0 -¡¡¡.c 01Jl0::<00'" u3; ~ enë w u.... 0'" 0:: O::J: 3: - Q D.1-J:u.oða..a..U w o <J) ~enuenlJl;;;;< ~ c ~ . co om¡:::::- oð°<w"'U.u.~ Z I- '" ~ .- :::: UWUJ:OO ÕQ,)~ !:2 en ¡;j ~ ::;-~ WzII::5U 0 oil:: enO coo> II:: 'õ "::'<DC"'1 !::!01l::0::L5~~0 w è: ê=O (I)-OW ~£:i.LL W U ri..t w C MN Z OJ oeS t;u.enll::zzz ........ 15 <J) UO- ::J1-~~OOi OJ Q)"'C 55 CON Z 0:: o::enz -- "'.... >- £; ~ E 1-0-u..I-~C I-I-a:i<ó w en U ffil-¡a 0::< .,.-: '" ~ '" a. rnCl)OaJ , W Õ .g..Q.,Q zzwena..l-~ ZO"'N ~ ~ <J) <J) OJ °ozoenen- °o~~~ OJ c '" > U-15uzzU U ....'" ~ '" ~ Q 0.... z--04 M N :I! -_0 ~uz z:. .... .... 0 a.. <J) OJ ¡::: -' ~O g::Jw!:200Z ~?f. en OJ .... U 0> ~II:: en¡:::<O W £; tDc:!i! I- Wuu..¡::: u..1I::~ I- «-w ' () cD ,2 :> ~ 0::JU.U 00'" en 1.0;:06 U-: > (J) Ü >. o o::;::w ~~[õ 0 cð<J)~ ...J c.. 2..c U tien3; U cc~o .... - - - N.... <J) C I- z~z J: Z .... en C Q I- 0 "'N o en zen en 0_- ~ ....- U ~ ¡::: Q OJ ::J-' -' UU Z U .<;;:::: W ::J ;,; I-Æ ...J 0 II:: ~ ~ .. I- o. 0 ¡,; U .. c; o. J: en J:: .. CD f! .. ;; '¡: :It:; .. ~~ U Z Uns::5!-::t:tOJIU(!)~ ~ < cc 0 mu.-c,cc-;:- 0 W .... II) 0 ~ 0 0 CD ns 0 U O::...JIJIU,...J:I!cz II:: /2-/5'1 ':"1f~~1';>~ '~':> -, . . ~'! .. r_I....,.. ,':iECE/VED C1TrOF CHULA VlgIA . .". SOG ENGINEERING DEF'T. ,', . . fE San Diego Gas & Electric ,~7 HAR-7 AH$;43 , - :.: . ". . .: .~ " .. :~i. . March 7, 1997 . -. .... ~.:!:' ~':~"" ¡:: .: ..... .~.: . f·City Engineer' . ... .. . ;. ,.;~~;. :1·,.¡:. . . ··~i<: .: 'C'ty fChula Vista. .- r" ........ 1 0 . s'-' .... '..,. . - - .~ ' . ··:·"276FourthAve· .. .'. Chula Vista, CA ~1910 . . '. RE: Salt Creel< :ù;lierceptoi Reach #4 & #5 . Retention Billing . Dear Sir, - .' Installation of the Salt Creek Interceptor has been completed. Enclosed is the Retention - Billing from ARB Inc for the Salt Creek Interceptor. This billing is for payment óf the 10 percent of invoice amount withheld pending final completion of work. Work has been completed as documented on the attached Project % Complete Report signed by Mike Schedine, City of Chula Vista, and Mike Mahoney,SDOE. This submittal is in accordance with the "Joint Construction Agreement for Installation of Salt Creek Interceptor {portions of Reach #4 and #5) md Appurtenant Facilities" between the City ofChula Vista and SDGE. It is requested that ChuJa Vistaprèpare a check payable to ARB Inc for $59,279.50. Please contact me when the check is ready and I will send SOmeone to pick it up or send it to SDGE, POBox 1831, San Diego. Ca 921 ]2-4150 ann; Alan Dusi. P]easè contact I11e if you have questions or require additional information. . ¥--< . (; ,c· ",m=dY. ' ~~.'" "'.',,' . . $-0 -', fl<- 'f i . Alan Dusi , PipeLine 2000 . f ~ , I I I - /2-/55" ..-.-----.,-.--..- -- \. IIIQU) -, INVOICe. .>~ .-- ., I .. EngineerJ" .: Cmu·'/"u(."/or.r -. 14409 PARAMOUNT BLVD. . PARAMOUNT, CAUFORNIA 90723 PHONE (310) 630-5801 ;san DIego Gas & Electric Co.mpany Inv. No. : , PR-IOOO4A Attn: Accounts Payable Date: 02125/97 P.O. Box X-I021 Job No:: 13303542 , San Diego. CA 92112 Contrnct No.: C9605280 17 '. '" ~;~;,::Æ··.::;¡;.'d"~' :/.. .:, .. ..~Ii:· .:;., "",. . \ :.; '.; ORDERED BY:;:Alan Dud .....). ",. .....:.. -" .;.... .... H , . .. ._.... .-.. - '--.- -.....- .. _.~ ..-- - . .:~;..'.~'n: ... . Salt Creek Int:crccptor.24" Sower . J ,," . . Billin . ·'····,Retention g .'.,,-¡= .. Original Contnict Amount. $612,053.00 . FEWA#1 $~.502.00 FEW A #3 ($24,760.00) Total Contract Amount $592,795.00 _ ..", . : ......: .: ¡~. . . :.;":.:. .7"-; . ~'. ¡ ..... ·.;,.·...15 ~:.J...'" -:.,." '-. ~ . .' ". I , ..";: I 100% Complete '. .k- 592.795.00 ! , . Less PreYiou.sly Billed (533.515.50) ..' - . - .. '. . . . TOTAL RETENTION PAYABLE $S9,Z79.50 . ...~ , . ;~'.:':..<...~_........:. .. Approyod By; ~ \}/ :;:;;: :. v, . ARB Project Manager .. '. ; 12-15{;, - N OTI Cf ' Mecro4f\¡¢'s Ütn llo.... [~.i.'Jf"1¡¡ Cw.- ..t Cr...r Proctdw., SocIiOl1 1111 01 Mq.,. Any 11"$ mea.t\lô InÐI. ano. <11 Co...Il lIr~f"'ç. i~' JooIOIK" c.c."...I \,0" .:Io(,I~. io ",_Ion:..", ..-... .. ~bo:CI'II.f"Oot.l;¡boi\t. ....:¡.oçNI':-<... '::1",. ,.~.ts.:;:. WI» hoIpIlo ~ YOVI ~"Y but i4I XOC"Qo():,ds of .,.. 1001110 vs..... Ie- WoI1'IoI'; II-.. oI'IUut.l~u. rolS. c.:.n r~n 1'.0/'1 , ....... '_', ,.. ~ ~ ~ 'his v.~I\.., '...ppIOc¡.I~ 11M riçr,¡ Ie. ,.::,.....;. ... ..1.:utn .QI.N(1OV pf~ own c;onlrolCIOf '" lulL II ,:1.... s............~~_ __ _ . ~- . - - -. . --""" _r'"'.; '_ , Village DEVELOPMENT He October 31,1997 'Quality master plann~d communities sina 1974 Mr. Clifford L. Swanson City of Chula Vista 276 4th Avenue Chula Vista, California 92010 Re~ Sa/1 Creek Interceptor Dear Cliff: Enclosed you will find a list of invoices for eDgfueering services for the design of the Salt Creek Interceptor. I have also enclosed copies of the invoices and the corresponding checks which total $58,813.99. It is our understanding under the terms of the Salt Creek Interceptor Impact Fee that these monies are reimbursable to us. The project is now complete, and payment has been ma4e by us for these services. BecaUSe we no longer -own any property within the City that contnòutes to this line, accordingly, we are unable to accept fee credits against the Salt Creek Interceptor Impact Fee. We are requesting that you process a monetary reimbursement of $58,813.99 to Village Development Please call if you have any questions or need any further information. . Thank you for you assistance with this matter. - _ . Sincerely, . "-'.. . VJLLAGE DEVELOPMENT NDYw", I :', .. - ,-. Enclosures RBClmdn1 . /. ''V, # fj ~/_, :~~:"..' /2-/~ 7 ì? '---._. C:\MoralRDblSalt Cm:k Inte<:cptor 270 NcwpCl't Center Drt~. Suite 200 - Newport Ra.ch. Califonm. 92660 ---. - ---~----~-~ ----- -- ----- . - .~ ,~ ~ .' \ \ } ) i , ) J } , , \ ) \ \ \ \ , \ , > , OOOOOMOOOOO~OOO_~OMNO~OOOOOOO ococoœooooo~aOOONo·œ~ooo~o.ooo ddd~~~¿~~ciri~~¿~~~d~~ri~~rici~~~d ma~~~cm.~ON~O~~~~M .Þ~ONœO~~NM~ ~Mq~~~~~M~~ ~M~~~ ~~~ N~~ M~N ~ N·N <D ~~ Ii) <D C> N .... ~ .,; OOOOOMOOOOO~OOO~OOONa~oooaooo OOOOOQOOOOO~OOOOOOOøooomc~coo c:: en dOdÒO~ciciOdOMè¿dNOOci~d~Ò~è¿Odo ...1:: 0 o ~ ~ ~ ~ N 0 ~ r: 0 <> ~ M ~ ~ ~ ï:E- N "'- en GI< < ..E~ () oooooooooooooooo~~oooocoooooo 01" r:Eo.,,- ~~qq~qqqqqq~qqqq~~~~~~~~~~~~~ LIJ,g 0 .. ooo~ooo~oo~~oo~~ooc~__QQam.~. ~~MONN~m~œoom~__~~__~~__ÐmQNø ccaM.c ~-N~~~mN~Q~~œONN~~QQ ~~~~Q~~ o.c..!~ ~N~~MM.mè~ÑÑ~Ð~~ÒÒ.~~~~ø~~~~~ ,.!!""- ... --~---NNMM~~~~~~~~~~~~~~~ -o:t-ca :5:to-(I,)U a:: 0 OOOOOOOOOOOOOOOO~OMOOOOOOOOOO OOOOOOQOOOOOOOOONoacooooooooo f- ¿dci~~dciri.~d~d~d~d~ci~d~ci¿cidd~dd a. W emÞ~~ Ø=ON~ ~ ~ M ~ 0 m ~. N~~ U ~~q~~ ~~M~~ ~ ~ ~ ~ M N ~ M~N a:: .~ 'NNCD ~~ Ii) CD () N .... W ~ f- ~ \ , :.:: OOOOOOOOOOOOOOOOOOMOOOOOOOOOO W qq~q~~~q~qq~qqqqqq~~qqq~q~qqq WCI) OOOOOOOOCOOOOOOOOO~COOMOOOCOO a::C) . 10 <D Uzo M f--to- ri ..J-'~ <-'. ClJã:i~ Wu...<r> \ J:°Ò f-OZ ooooooooooaooooo~oooooaoaoooo a:: a:: . qqqqqqqqqq~qqqqq~qqqqqqqqqqqq 0000 LL.UO OOOOCCOOOOOOOOOO~OOOOOOOOOOOO () ZW-' M. C).a:: ~ ¡¡; \ , W 0 00°8°000000000000000000000000 >- 000 0000000000000000000000000 a:: dcid~~cid~~d~d~d~ciddd¿rid~cidd~dd <. mQ~~~ Ø~ON~ ~ ~. ~ Ð 0 M ~ NM~ Z ~MO~Q NNM~~ ~ N mOM N ~ M~N ~ P ÑÑ~ ~~ ~ ~ Q Ñ . ~. . ::; W a:: Q.. . ¡~~~~~~~~~m~mm~m~øÞ.mmmmDCÞø~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~iiSiiSiS~ii~~iiSSiii~iiii~R~ ~~M~~~~~œ~~~ MM~~~ ~~ , ~~ '- . ~.~M~~m~~N~~~~NM~m~~~.~~~~c._~ . .NNNNNN_~~oa~~~~~~~~~~~~~~~¿~ ~ri~~~~~~~Q~~~~~mmmÐ~.ÐÐÞÞm~~~Q QQQQQQQQNOÐQQQQQQamaœmaQQQaN ~~MV~~~~Q~QQNN~M~~~WÐ~~~~mœ~~ ~~ . 12:~ /52 APPENDIX "E" / 2-/59 , ,_.. _.,_....".._,~-_._~--_._._.- --........... ----- -- - --- -- --.- _.-..'..... 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O,,~ o40«LU"'u..u..~ Zf- LU :¡::¡~r;; wUWU:Z:OO rn " ,,- C>en - ~ ::¡-~ Nz~50 0 00:: Ciio a:: ·õ "bQ)('t) -00::0:: «ò"ò"o LU è: ê£Õ en¡::OLUW~£:!.U. wo LU " QeS uu.(/)O::ZZZ 0 Z VI U 0_ CD " ::Jf-<9gj0O:i! a:: ,,'" c:: o::enz ¡::f= z .<:: " " f-Oë2U.u«~ 1-1- ~ >- _ VI E '" ~ '" 0.. ~OLUI-LUO::~ en en ...., Õ 0-'" 0 w - - ZLUeno..f- Zo f- ~ VJ VI Q) °OZ°(/)(/)- °0 « " c:: '" > U--oZzo 0 '" :: " :õ :: -_0 ol-<9z--04 0 0.. VI " è)'Oz z:;: ¡:: ...J - 0 8::JLU£!00Z en Q) r- " 0> ~O:: en¡::~O u.~ w £; «)c!Q LLü~g> I- Wuu..¡:: 00:: f- ~-LU ~ O:::>u..o ° en l()~cð . > u >- o a::~w ~3: ° oð:ß<9 ....J a.. 2..c o t¡;u¡g¡ 0 r- - - - ca:s;o N'r VI c:: I- z~z X Z ... u¡ c:: " ION o VI I- ° ..,.- " ~ -u¡ (/) 0_- C> ¡:: " Q) ~...J ...J UU Z 0 .<::t: W ::J ¡; f-~ ...J 0:: c.s .. l- .. 0 i.: U .. r¡ .. :z: en .= ._ CD ca .. .c ._ ':It .. >- 0 Z <Jêá:5!'::~ë,QiC)~ I-~ ~ « ca ° cau._s::.cC:-3:- 0 ..,. Q) 0 ~ 0 0 & m 0 W 0 O::...Jmo..,...J:ÕCz 0:: 12 -! 60 -- .ìECEIVED ~~>:,:,;,~;",; flI . . Cln-OF CHUlA VISJA . ;"'. SaGE ENGINê:ER/NG DEf'T . , . , San DifJ90 Gas & ElfJctric ,~7 HAR-7 )J S= 43 r" " . ". : ~!¡JI, . . : .~ -. .:' March 7, 1997 . .. .... "':1;, :.::.... ¡ ~~ .' ... .- .;,~~ .' ::;City Rnvneer' . ;. ':'"\"'-'""";'- . .' A:~:': .: :City ofChula Vista. .- '4- '~'.~. _ ~~ " "'~'-:276 Fourth Ave: -..~<. Chula Vista, CA 91910 . . '. RE: Salt Creek l1.lierceptor Reach #4 & #5 . Retention Billing . Dear Sir, - Installation of the Salt Creek Interceptor has been completed. Enclosed is the Retention Billing from ARB Inc for the SaJt Creek Interceptor. This billing is for payment óf the) 0 percent of invoice amount withheld pending final completion of work. Work has been completed as documented on the attached Project % Complete Report signed by Mike Schedine, City ofChula Vista, and Mike Mahoney, SDGE. This submittal is in accordance with the "Joint Construction Agreement for Installation Of Salt Creek Interceptor (portions of Reach #4 and #$) md Appurtenant Facilities" between the City ofChula Vista and SDGE. It is requested that Chula Vista prepare a check payable to ARB Inc for $59,279.50. Please contact me when the check is ready and I will send someone to pick it up or send it to SDGE, POBox 1831, San Diego. Ca 92112-4150 ann: Alan Dusi. P]easè contact me ¡fyou hav.e questions or require additional informaûon. ',v1' . t8 '. C..- ,'SincereIY, ~~...¡. d -: -<.:. ~.:' . - C6<-O -'. *'" 'f . Alan Dusi . PipeLine 2000 '. r -5 . œ MikoH,J, .-..... - f Å' iiq~ . . 1 . - - ." ./2--/6/ . ___,..____~ '.M'__"__ -------. -----.--------- " '''4L.;. / ,__ IN VOIC ..~. . . EJ1gin.eer~' ~: CCJIJ.\"/ruc/or.r ":, . . . -. ~ . 1""09 PARAMouNT BLVD. . ~'. '.. " .... 6520 . PARAMOUNT,CAUFORNIAS0723 ,. ·'~~!t:~:-". . _ PHONE (310) 6JO-SBOl rA" "m V>,go (]a, & Ele<tri, Comp,,", Iny. No. , PR-] 0004A AttJJ.: Accounts Payable Dllt¢: 02125/97 P,O. Box X-I02l Job No:: 13303542 San Diego. CA 92112 Contrftc:t No.: C9ó05280l7'. .$J .:~·~;=t··'::::i';'l"~_ :;.... .:, .. ..~!~: .;i.,. «.. .\ . :':"-:ORDERED BY:;.Alal1"Duci:.,· .,\ ......... .." ':.... .... '--". __u _ .__._ _..........._.....:- ~ ... ~~.,~. ... Salt Creok Intorccptor-24" Sowcrj: . . .. '-Retention Billing . ....'1;. . Original Contra:ctAmount· . $612.053.00 . - FEW A # 1 . $~.502.00 FEW A #3 ($24,760.00) To:talContract..Am0Unt$S92,795.00 _ .... \, .: )-~. . ."-. -~'.,~.' ~,..l:: .:.... :. :';.::::..7"~.~\. "_. 100% Complete· f.;-· 592,795,00 Less Previously Billed (533,515.50) .." .... .. '-.. ;". . ., ': ~ TO'I'AL RETENTION PAYABLE $59,Z79.50 . .-- , .... ."; ~ . ;~:..""",..",.,:--v..... Approycd By; ~ V - .::;:. ::. v . ARB Project Manager .. .. /2-/62- _ NonCE ' .J_', "'"..... ,"",'""" Cw,·., c.,., "'-wo. S<dioo "" 0'....,. any T... moo", ""',. .,.<X. _, _...... >~ ""PO.", '""" ¡.,.""'~, . '.....' <x,...._:~_ ·"'''='<00'"._... ._~, > ,,-, """"~~_Io_._ ..-..y..... __..... ...._.. ...,,,,.,,,, """""_... T.4""'......" '.O"'.N'_".~,~. . "'."" ~·--,.I... "'" '....';. ,";~"" ,...."-_ "'_ '.."._IOo~.... "~""''''''''_. """"'w.o......... "~"'<",_..< INTEREST AT THE RATE OF 1% PER MONTH WILL BE ~}.d~r::"n n.. ~.__ _.._ ,. ("'.,' Village ; ¡ 1-;. DEVELOPMENT He October 31,1997 "Quality master p/ann~d communiti~s sin.ce 1974 Mr. Clifford L. Swanson City of Chula Vista 276 4th Avenue Chtùa Vista, California 92010 Re:. Salt Creek Interceptor Dear Cliff: Enclosed you will find a list of invoices for engineering services for the design of the Salt Creek Interceptor. I have also enclosed copies of the invoices and the corresponding checks which total $58,813.99. It is our understanding under thè terms of the Salt Creek Interceptor Impact Fee that these monies are reimbursable to us. The project is now complete, and payment has been made by us for these ~ces. Because we no Ionger·own any property within the City that cont¡¡òutes to this line, accordingly, we are unable to accept fee credits against the Salt Creek Interceptor Impact Fee. We are requesting that you process a monetary reimbursement of $58,813.99 to Village Development. Please call if you have any questions or need any further information. Thank you for you assistance with this matter. . Sincerely, . .--0.. VILLAGE DEVELOPMENT , .. NDV ::'"7 entA en .. - ExeCutive Vice President ". Enclosures RBClmdm . t. -~ " # !J__ : ":;:..... /2-/ b 3 t '. -"'-_ -. C:\MünllRoblSalt Creek Intec:epIor 270 Newpon Center I:>ri~. Suite 200 . Newport P.c.acb. Califomh. '2660 .",.- .- -:"':':"'- . Td. 71+-6++-4202" Fu. 714-6++-7856 -~ ----- ----- ------- -.------- ---- ,.., I" ~. I , \ ) ) \ ¡ J ) j ; . \ ) \ \ \ \ , ) > , OOOOOMOOOOo~ooa_~OMNO~OooOooa COOOOQOOOOO~OOOONo.œ~ooO~O~OOD cicid~~~d~¿dri~¿¿~~~ci~~~~¿~ci¿~~d ~OW~-OW.roON_O~~~MM .~.ONmo~~NM~ ~Mq~~~~~M~~ ~M~Ø~ ~_M N~_ M~N ~ N·Na::> ........ It) CD C> N ..,. ~ .,; oaOOOMODoaa~aoO~OOONamoaOODOO OOOOOQOOOOo~oooooooøooawo~ooo c:: en OOÒÒci~ciÒÒciÒMÒ¿ciNOciÒ¿ci~ci~òmòòo ",,1:: 0 o ~ ~ M ~ N 0 ~ c 0 0 ~ M CD ..... In ~e- N '" ..- .. <: <: E¡,. CJ oooooooooooooooo~~ooooooooooo ""to OOOOOOOOOOOOOOOONNNNNN~NNNNNN cEo,,- Òció~ciÓå¿ciõ~¿Òci~~dci~é~~åQœm.~~ UJ..5!: 0 œ ~~MONNmø~œOOWÐ__~~__NN__~DaNID CQSM.c ~-N~~~QN~œ~WOQNN~.QQNN~~~~Q~ID o c.. CI en ~Ñ~CMM~~~ÐÑÑ~~~~ÒÒ~.~~~~_~~~~ ~.t"')':: 1: ---~--NNMM~~~~~~~~~~~~~~~ -o:r= :;:"'CI)U 0:: 0 OOOOOOOOOOOOOOOO~OMOOOOOOOOOO OOOOOOQOooOOaOOONoaoooooooooo I- cidci~~cid~.riÓrid~ci~d~ci~d~ci~cidd~¿d a. W ~CID~_ W~ON_ ~ ~ M ID 0 Q ~ NM~ U ~Mq~~ ~~M~~ ~ ~ ~ ~ M N ~ M~N 0:: ..... NNCD ....~ It) CD C> N V W ~ f- ;?; ) , ;,c OOOOOOOOOOOOOOOOOOMoooaooooao W OOOOoooooaaOOOOOOOQOOOOOOOOOO WCI) ÓcicidcióOOOOÓÒcidÓdòò~Ocici~ciòådció 0::" . CO CD Uzo M - 1-_... N- ..J..J.... <:..J , (f.)ë5~ WILCD , IOO I-OZ ooaoooooooaooooO~oooaoooaooao O::cr: . oooooooaaaaooaOONOOOOOOOOOOOO OOm ÒciciÓÓÓÒciciÒciciaciÓci~ciÒÓcidÒd¿ÒÓcia "-oQ '" ZW "t ".cr: ~ CI) \ '. W 0 00000000000000000000000000000 >- 00000000000000000000000000000 cr: òdd~~oò~~d¿ò~ci~OÒddò~d~óóò~òò <:. ~c~~_ ID~ON_ ~ ~. ~ ~ 0 M ~ NM~ ~MO~a NNM~~ _ N ~ 0 M N _ M~N Z ~ ÑÑ~;~ ~ ~ œ Ñ ~ ...... :J w 0:: a. . ~~~~~~~~~~mm~~ID~~~D,mD~mÐDÐø~~ !e~ee~e~~!~e~~~~~~~e~e~~~~~~~ ~-o--o_o --am--oo--OO____OMM ~~~~~~~~~~~~~~SSSSSSi~~~gg~ð~ _-M~~~~~~___, __ . ~~ ~ , ~~~M~~~m~N~~~~NM~~~IDM~~~~~D._~ ~NNNNNN~~~OONNN~~~~~~~~~~~~¿CD ~riri~~~~~¿a~~¿¿¿mDmmm.mDD~DmDmœ CaœœmQQQQNDDCœQœCœmmœQCQQQQaN N-MT~~~~Q-Qm~NMM~~~~DD~~~~a__ - -- . .. 12-/. . APPENDIX "F" I /-¿~ / b5 i - ^ .~-_.--.__._.-------_.- -'-'--"--~'-------~--------~ OOOOOCO.....OI.OOO ......OOO'll;fOO')(Q'II;f'll;fO a)ociocia)r--.:o~~d m ..JNLOMONCOLO""I.O.....œ c(""""J"-..COCO CON N...... V CX) ...J X ~ O-~cDN-EA-EA-......-EA-......-EA-a5 ~ OO............EA- EA- fA- EA- Û ~......EA-ift m .,. W '" 0 i a: Q) WOOOOOCO......OI.OOO 1ñ o~~~~"'1:~~~"'1:"'1:<:::=! ¡:: Q) ægj~g8~mC;~~;:g m :::J W :¡: O"EA-MMV(QCONN......'l!:taJ I- ÑÑ......~EA-EA-...--EA-......-EA-a5 ...J .8 _ EA-bltEA- bit EA- fA- « z z >- ::;) u: '" ;: - u. -to Õ '" :J ~ ~ tl. ~ Q) «- E - t=" ZZ W "E.......æ ~ Zt=" WW W a: :::J Q) '" U wZ ::;:::;: U J: '" >- W WW ",m J:t15 aš::;: »z !:i E ~ ~ o tl. Q) U W 000 ~ -=.s::3C Z~ Z 6> a:a:¡:: Q) 0 Q) woo tl.tl.~ :::J c: m ¡!:O ¡:: fa: ::;:::;: ~ c: '" - e Z ul- tl. --l- e Q) a: '" ...J::;) wU)::;:::;: u.u.U) ~ > ~ a :!o 1-0;:;:- oOz «Q); a: Q) Q) '" W ~~ OOO~~~~¡ W ~u ~ tl. ð« fz~o~~~c ~ '" _ 0 ~ ~~~ wQ~~uzz< ~ - Q) m o ~ c. ~ zm~ tl.Gb~zQQ~ oc "0 -, m ¡¡¡ow 0::;) -ClI-I-_ '" '" Q) "0 ~ >6~ ~~a~ø~~t) W 0 "'.c: c: W a: W _ '" - W I--ZW ~ Z '" '" õc~ U) . z::;: tl.U)m-ctl.1- CD Q) Q) o ~ I-...J::;) ~zwa: mmz -"" E 'E-c0 ~~o~ ootlj ~~Q Z '" 0 Q) Q):¡: ~a:~::; tl.U(!)z z::;:1- W . ...J J: E "'_ .,-: >- Q) '" 0 0::;) ~ z- oot) ..., >- >0u....J« NMu. ~~ ¡::«W '" '" >-" Õ m o '" Q) UJ~O:::~J:CO""""""o UJUJ uu.3; ~ '" c. .8 0 c. ;: 0 Ozwa:a:'*"'*"'*"1- Wm ::;)u.z W <;: E_cX ~Q:¡:Ww::;:::;:::;:z ~...J a:¡:!:- I- >- ë3 - '" Ul-w!;;:¡¡j::;):J:Jw (!)ð t¡:;m « ro ro CD 0 - ::¡¡ ~ en C a.. .s:: (J ~ U oum::;:wooo::;: Zm z~ ~ Q) 0 \- .- en ...JWz zZZw W ¡:: ñ;E;;Q) :sa5 ~ ~z~w~wwwu 0_ U) a..00Q. -.- z > 0005 uu W Z2ou.:uenÜ~ ~:I:J:O...J°6000 Q)>,,-v, c::J:J I- Eroêo-.J>ro'::'..c: ~::<::<uu::<~«««a. U) ......:JCCO<)lJ"-..G.ë:êU 0 ::I:uUN........c:-O- l- t) E!Een9LO~g!'oO zu.~~~mmmmmmm z I.) en N V·- 1.0 Q) .2;- :;)...J ...J...I...I...I...I...I...I erorol.O LO~.cê3 0 u..a..ÜI.O .....0')1- ¡:: J"-..LO!'N.......................................... t) ;.: >-~ ::;) 0 1-"' ~ c'" .. ¡::...¡ I- o i..: u .. Cã .. z U) .ë ; !U f! .. :5 .¡: :u: ¡,; « z o ca "CI ... ::u: C) Q) (!) CD 0 caCJ=c.cc_~_ ::;) Q) 0 ~ 0 0 CD ca 0 0 U ~...Jmt)...,...J::¡¡oz /2-/6 b , ID.S1B sse 43es ."". IB/29 18 2B PRdH,PACtPIC 8A~ HOKES AOC:-3e-el . , Coatnaor: c.,.~ Salt er;.,. R.ooda PIo_1A Dat<: $/13/91 Cit]-ofa.""V-.... I $cop. ofWori;...,¡ SP«IIIcafio.. s..... Spt<m - Mal... Rood> '>1.130(14 - I . . lndud.. ~ fA) ¡rid. >11... P<ring. ! , I . , I Ü.5 24QO Hunte ~ 0Œsit. S¢....- J~b 1;5'l-02_2040 . Siu AJId 1)pe Qu><rtity UaIt.l'rice UaIt Tobl I 1I.5.1 IS:pve ~S17 U' 22.30 100.129.10 1I.5.2 ·~CD.I~.PVc S EA, 2.3SO,oo II,7SO.oo 11.5.3 . Ma'co.I5"'R'l1octcb. 7 EA 2.J9O.œ 16.130.00 I 1I.5.~ Ij"=ro~ 2 EA !..,4CO.00 .,:.SOO.OO TobI 132,009.~ ,/ , 11.6 24QOu".,A_S¢....- Job US2-o2-Z010 Siu AJId T7J>O Q.....tIty UaIt.l'rice UaIt TOb/ - I I LeU ¡"PVC 2211 'U' 15.60 J.4.600JO 11.6.2 . Manhole oa I" pve 1 EA 1.920.00 13.-440.00 . 1I.6..l I!..... E.: 12'/1" eo... 10 exist. 1 EA 900.00 900.00 I MaoboIc 1I.6.~ T_ &: u.t.o.¡ Extra Wcd: p~ 10.000.00 10000.00 ToW St.940.to I 11.7 2400 Md:cozio Cted: I!.ood 5....... " .Job 1552-02-20$0 " $"oze ..d 1]po Q.wuQ' Ualt.l'rice UaltTow I 11.7.1 ¡fiVe 33SO IF I~.II 0(7.503.00 11.7.2 -- Mw.oIo OQ I" pve II EA 2,010.00 Zl,IIO.OO I 11.73 ~. PVC ùt"'¡ -40 EA ~30.OO. )7200.00 ToW l6,t13.oo . ID:Iud., 1d¡Ûst...." to ¡rod. after p<ving. .. M.nhoIo 0V<r <>ùting 10" pve sow.... I 1.2-/67 c..,........r....,.,~ Cnae~ Coa1r.ctoN Wt&.h: . .~...._,,-- -"-"'-"-~-" u _ - -- n_. _ ID.llle 858 ..388 PAC2 171'2S Ie ... FROK.P'ACIPIC BAY HOI'ŒS AUC-38-el . .-; Coatnaor: c... CoI1Stnlctíoø Sdt Q-edcR.aodl ~ 1<\ Date; $/13197 a.,. of C]¡olo V"ttt< Scope ofWori( ..6 Spcdlicalio", s...... S,...... .. ~r RoM. . ~·l4ofI4 .. I I I -J It. 2400s.""""".O(UaitPri<e~~ I.....N.. Descriptio. . Tota& ILl Wobr"'~ioa 2,500.00 1!.2 Procr..- Volley R.oad (Oasàe) 11.555~ 11.3 Procr..- Volley R.oad (00"iiIe) 21,347.17 11.4 ~ P.m..,- (Onsite) 19..203.13 11.5 ~ PotbY>y (0Œste) 132,009.10 11.6 ÙDeA_ 51.940.10 11.7 ~ Creel: R.oad 16.113.00 - GRA.ND TOTAL 2400 SEWER 417,J7~ NOll!: Sewer .........,.,. percq olChul. V.... ~ .' - /2.-/6&' C4llltl"ado",luk~-M- / Cn.eral CNlth......._ '_...:. AUC-3e-ez Z..48 FROK.PACIFIC BAY HOKES IÞ.IUS BSB 43118, PACZ HII....2S .. PAClFIc BAY.i'ROPJ!:Rm:s """_TO """""-<L """"4CI"Ok<lJt<DAc:TO"Å~ (":.... r " DAcr ^ --..... ..,. '-11,_ """""""^ , ="""" ,.... .'u...,.... ~ -I'a6J1ie;r~ aÖllllblå.........rc.-.: ~.., ~ __...,.. '.... 0..., - ~ Aø-.c 11-.(,.., 20" .., ~ "'-~"''-:bQ.~... o...¡ ~ ~.....,. o-.:c......... iodaw. !VIr. 'IBI!J:aooiE. ......... fII(" __ ..................... ~1Þta.nlea..:-".16:oM:: , 1. D&laJMION: s.."""""'P.,._ TOTAL ='7.10.5> . L n...___...~c:.tn.:r"'ir_~ 0J:latW. a:mp.c:r m.t "",,-,»... ~"'--"."'ew.mc.r"((q;): ~ <1,&5"", ¥SS.7'f fP ..............c.-..c2rM_..~ S:~JIJ R.-' IE\'1:SIIÞCClHIJ:ACrJQl(.~"~ ~ "J~, õo.s,.J:., "" ~~"'......-.e... .........11:1 ..c.....-.,.,.......--..,......... .,......I.r-.,. b'~.cûW;__. ~ b:qc.DfI1'SI1_b::IIII.lD."~ ..~.,........--.....~~aa.lialll"-_ - 1N'wmœ:s::~...,....__,-, ~..."'*'-tra.....f1l..._.....-.c.*'þq<", ~...... - ..........~ ~. ""'--0. ... .,., ~u-..x.:.: ToW:» ~.~Ma.:)1. JwibIt; Z31)¡.--...........:ICf. a..- v-.. CA.'1nC ""'-1A_UNi.! - .-,,- ,"'" ............ In J (J 'A j ~ . Q'O....3QlJaO;"CA. 0,1.).... "'- øs,"'*"2m PAX:C6ö>449-71GS ~-' /2 -169 ~---~ . ". ...__._~~---- .~~.~. ---~ ---...---.------.. .'- -."--.- ~-,~~-- AUC-~.-.1 1..41 FROM.PACIPIC 8AY HOKES ID..18 B59 "~88 ."". 28/29 Salt Cnek. R.tGdt l"hue 1A Add=d:am " Rtrls<d 5I1:1m rag. 3 of4 !>.oo=~""JIA_ It Mt ILJ 2400 hoctur V&1IcyRoad omœc $ewer ,!>S'~·:I,-~':..,.3r .......I)oe ~ -.... UnitTotaI 1..1 Pamp«lter-t-.tuhaJeWCrdttda .J.lEA 167.2 167.20 -~""r.:-_ ~ I , I' M! 11.141:SOO ~c:..ö;RooofW_ 5'S"~~~:>Q;tø c. ..'FI~ ....- UoO.... ""'Toto! 'lU --- ]LS S<:W S<tis ~'.2 ltdoc.e~..x..cs.t: r:eo a: AJrV3OI; ILS -~...... ...1.00<.00. 133 Oot_"'~ U.. ...... ....so Total Add: "'743 -~""i:oo_ S.s~·~_.1Io."rTb "" Mh. 11.6 2300 Lmc Avetrœ StomIDa:¡¡¡ c* 10011./3 s;",... Uoåpno, u.mToto! "".1 - -.:.-. .. .....""" ILS I5Us 1.15'.1$ -... 5'.1$ -~""""'- 21 Add tu 2400 1h:\:Ir; Pam ray a&fto Sewer ~4':lc)«O .J1......~.,,,O sm:~_ IIoItI'óœ _Toto! 2L1 a.............. ..... ILS D>." .,..... 21.2 M:mZDakrialzt'l:lald.1oba:::Ulltrc::ach ILS ...... ...... 2l.2 10_ .-caw Ø1J11D:11o beddin ILS 1,2S7-'1 1,1S7..91 .... 73. V "-'''-'''JIA._ 22 Mot IU ZIOO -Y",",,1>d Sbml>aio S$"~.,--:a."'ð ...r "'" ..JSiæIDd~ ~ ""'.... Uzãt Totd [22..l ~54"D-<I~ . . "". lEA <,29<... '=" T .... ~.. - "".... -............ ,'" 7 .13 Mt IL7 ZIOO ~ o.ot...,......l>aio s",".:.~o"'-:t¢iO ~1r¡V~2. l .......,¡:yp. _!'Dc. 11m< Toto! _J - L13,1 l$'B-I1D1ct ..lJ1IA !,!".JJO ~".J L -llSOOO.J "-:Pw............._''''I. 24 Mt 11.6 ZIOO ScbooIAPad;SlttSbml>aioS~~o;~ '.3"" 0 sa...., ""'I'óœ I1m<T"" 24.1 Sloe\: "K~~_ ... .. bo<h I04U 30.27 JJ.4t.œ T_ 31 ."-:""Dd1a I ""-""""J:JNr1""'. Am $A Sa"r sS';¡"·')-~'r01) ~ 25 !Job: ].2 ,... ~.. ?n- -~ Ihdtpno, Uait Total 25.1 rpvc~~ 31l' I~ ~ 25.2 M=hoI< (!'or S-.!?1.. 1M _(1,7~DO) 0.7",00) "'" ... -""-......,. ... """" 0/J.Im ->.{".... 2< Mot U 2500 JAW.... ss".n. c:.<t: (~f" L ..lSize""~ -~ .1-.... UaitTotaI l76.1 ..L2·B.O. ...ilEA .l 1.ose.oo l...·.. T"'¡~..L L05O.oo - .......,.,.L..,-.......... "'_${U/9t / 2-/70 CoatnctorlShJtj~ GcuU"d:Ca.~slD.i· /l ID·101S sse 43ea PAC. 21/29 AUC-3e-BI 1B.41 FRO".PACIFI~ 8AY HOKES ...... . '. ."--- PACIFIC MY:!".RoPmc:l= -TI)GI!>ŒRAL~ÇI"Ok~A~ (" ..........., 1>A.CT. --- 1>Am, -...- ~. . . CX>Sr CÒCIO .,. ......- "" -- ro-..,¡¡.._..._. ""'- -ro-. -"...._ _..... -......- - --...."'.""""-'1..................__"-".._ --·-"-"M__. _.-..._"..__....._ ~Idd:"'-'~..,...,~ I. J)~.a..a..d; ""'-,.".- ",-, Am. lob. """Code """"' 6d9 Proc:torVAy1t4ODsic1; ~ .""", $ 4..Oi:SUl ,. ...,. _v_...."""" =-"'1. ""'" . .595.10- - """"""",,,,,,,,hod «7~,.,., - S '..66L;sI' 64<3 .....A_ ~ - ~. 6440 ..... -..,. otbi(o ...,~""" ..... . DO." ..... - }~.. .h.4'% =-= = $ .......- 7041 .}Ioof.,,"" ~ 13 =-Z3O> ""'" .s: 2..Wm"'" ""I _}f-.fcJ' . n =œo:.oo ..... $: 4/í$S)'.' 10<1 11'." n m -""' zx.o Z3O> $ =..0. - ~~' , IS 'K?-(rJ %SO) .- $: 2,1tOJlO..... 154<2 """"""'" Cttd: i0oi ~,." 2080 Z3O> .$2,001/ "'1. - -..,. 00óI0 11}...m XtSO - $ 2,......,... "'1 ---..,."""" =ø...". - . 100.-(0..- """ l'¿' " '«"'...I'Q2600 """ $ mAG..- 6440 --.,."""" mœ.""" = s 4.,ao¡ ~ roT.u. S«,ær." . ~ 'JJ..................~......"""-s:: CRmU<.U.o:::tnJAcr$Q.(; """""... ~.........~-,,-,.): .........." ~1D..Cwotraet'-"'IdII""'--= S 4UJ7.'74 ttY1SEI)=_................., IUU.>c.st J. ~~..~. .......,...fac:.n.x"..............fI.....~..~ &,......... ~~~-~ .. . k:Ipc.........",....~...6iI~ ...o.....:r..~.....................,.._....a-_ - Jt{~'\1ŒISop·......~~~..~.tc........_.....,...t......... -..~ ~ ,.1ICIR:BA.y~.~~ ""'""""",","-",- "'"' 'fT ~1u...a.Ne.:1(!J:2D .w.s...: .23Oo~.....~_.cw..y-.CAftPI.c. Fod..LÞ..tr&S.Mo.: ~f~ FAX::R~ M:It-=[73f,...~Å....q.o.....3I») l!I o.þ,CA. -- lIIoN: (f19)~1 PAX:(6I9)4471O::S / /2-/7/ ~~1otb1._~dOC ---~ - -,._- ~~_ ._.__.. _.n__ AUC-3Ø-Ql lQ.41 FROM,PACIFIC RAY HOXES ro.StS sse 438S FACE 22/2S ¡ riliiiti 1 §g ~ ~ ~ I ~~ i : ~ ~ o " " I ~ 1 8 '" ;;t . 0 ....';Þo """ =:: ~ lij woo <:) !;?%:2'; .g: - ~ za33 <:) ~- 0 OO~~ ~ - ~~ ~ ~~00 ~ - > 0 ~~- ð '" ê.s", ~ ~ =>2i" O"':¡~I:!Þ C> G ~::!"O=.. 0 ~w~ 80 ~o8~ã!~ ~~g:Q._~;; ... me ~ ~ ~ m; ~ ~ Ig~ o ~o ] " . .¡ ß 00 ~ "- ~~ o :z~ ~ z 0< " Q g. ~ ; ~ § ~11_ o . 0 W' z!~ ~ E ~ 0 8~o o 11 ~ .., 0'"S: " 2~ ..c s=! Q.p . U)o... Oa _ ~~~ "Oãi_":¡ o~;: .-.§;'E .. Éi!ë.,~ 5' JjJ~' g ~ o ~.!!~ ~ ¡..; CIS 't: ... CI "£ ~::) ~;z .~~ ." D.. iii"° ~ ~ ~ ~ " 8 ~ õ~ 8 .ë~ i ~~f~" ~~-!! õõ ~ . o~~ gfa§ & '. ;.~j- . 80 ð ~_ ---- ~f J ~ ---- g , . ~H , .s ~ > .c Z 1!: I~ " 0 " Ii: ~ ~1~Jil · .. 0 " <:r: ö: · 0 · ~ iijO\l " .. ~ , 5: ~;; :!! ~. 1> Jt I a ~ ; .. ~8 · i c . . Hll~ Ii I .= ~- o ~z ~ i" r Hd o r if :c. ::> ~ >- 0 . 3 I - .. -<:" . ï= -< '" > - c c 0 0 " 0- ~ '" 0 §;~~;,¡ Q. L o 1: -.~ àIo ¡; ! < 2 !If I:;z &" CLO c..': 1ii ó.:ãi 00 <co . . ! /2-/72 AUC-~.-.1 ,..42 FROM.PACIFIC RAY HOKE. tD.~t8 .S8 4~.8 P....", 23/29 ~ ~.tU.1 ...I'U......... ~Ul rlfA.S£ lA "': WIlT UTILITIEs Ad...._ " he< IoU f114/9t Tho fuI]o,.;ag bmo... Mis to Cas Coamuctiaa', C-- L1 2SOO~W.ur/11.1' Indorv: ..... .",. S""S";",~ ð4.-~.02# a.<- tl..~ -. Sbo"'¡..,... - Ihdt..... IWtTobI J.Ll ",,",2-:" 10 bd: atcmb 1 LS ,..,... ,..... U..1 t=œbaño.la=V.... I LS as..oo ....00 I 1.1.5 hbc: GØo Vm-cBcø&s 1 IS 2,4<2..U ........... 1.L4 ~K-hiI_or 1 IS 'CIUS 102..1S i. 1.1.5 BxI::zr.Ite.tP::Ddt1br4"04A:C~oa I LS $2C." -.. l' T_ 1 I 1..2 %SOO - Wm:r/ll.4 Pncforo Y.tiIcy 1toed ()fEØœ ~_6':1_..1·" ð U><koV -....-=- """ 1hdt Prioo 1JaÎtTotaI. al Lcx:::IIo~f?~v:afw; 1 IS ,".10 _10 T....Adè ....,. ! 1.3 2SOQ~Waœrt1U"··~CredtJtO*d .,S;S';2.-o':l:,.-:z..o.l"O Qif. ,,~.¡.~ -....Tn>< ... .... _ PJIoc U-.ltTotaI 1.3.1 More 1- AfrVacoat: ots:f.denIi: 1 LS· l,.1OUS l,.1OUS . .. 1.3..1 ),foo,c;'K-it.d wWcdcIlCO::Ss b ådc- *= 1 IS 30UJ JOUj ; 1.3.3 - >It _""""w_ I LS "".?II _?II I 1.3.' s.w~CIIrb&~u:a:it2 I LS 20US 20US i 1.3.3 r""""","1"_~ 1 LS l.'U.74 UD.74 ! 1.5.' ~Iu Jdœ nWDd tor 2" J'¢. .,.n 1 LS 3,6Q.ST !.GQ...57 1.3.7 ~c=ðstiacç't.::ifIow4=ricc.ŽIIteI:oxIa. 1 LS "".IS ,."ß I 1.3.1 ....... AIC ..... ....""""" 1 IS 1.=00 l.o:l6.OO I T......... ',6<l.S1 . , - ].A 2SOO.Water/1L1t LøeA'W::IIhR ~-ð::t.~ <lð'7r) t!.4f¿'''¡'''3 i -.... """ Volt,...... 1::r.ÎItToú:I , 1.4.1 ......... """ 1 LS 1.....13 ......13 i 1.4.1 ",,",J::_""""'~_ 1 1.$ m.'" ""-?II , - L43 ~ 1 1.$ ..... ..... I 1.4_4 -........."" I 1.$ 37-'3 37-" , I.U acu~ bbdø -=-:c t;) bide ådc rtl1lDit,· 1 LS 1.D34.00 1.034.00 "¡ 1.4.5 -...- . .....- 1 LS ...... ....... i 1.4.7 .............. 1 LS l.ml1 2,mll I - 1.4.1 RmeÞ4Iøori(-=mIdcs/ralile~~ 1 1.$ 2.,111.31 2,3~ 1.4.9 k4tk_ 12he~¡:D,c,mcbo:D:s I 1.$ 2,JIUl z,JEUl U.IO .k4I.bEob::c.,..m;bœcc III ØlDemcA-. tepO'I:II' 1 1.$ 1."1.53 2,..1.53 1..4.11- Ptorido_...._1iœt 1 LS US5." 1,.1S$." - 1.4.12 __ooiliA_ 1 1.$ - 277.71 ro.TI 1.4.D CVI. ·-olbao.mIIDIf.~"fI'aDs 1 1.$ 1!n.1O 19$.10 ToàIA.dd: ......... - 1-5 ><00........,,1$ __"""'" = .0 .~.oJo ""~¥'I s¡,. md Tn>< ~ URlt U'aitPrke V....TOW 1.5.1 Han1otrlll2fe:ialfroq¡~ma 1 LS %70.60 %70.60 Total""" .170.'" 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I: '~.' .' r ".::''- ./2-/7tÎ ~sT..~.._....... --- - - ~.. -- - .._~.._"- ~_.. -- --~- -- - I , APPENDIX "G" /2·.;eo WASTEWA TER ENGINEERrNG APPENDIX G ~If? ~ SALT CREEK GRAVITY SEWER cm Of INTERCEPTOR CHUlA VISTA FINAL ENGINEER'S ESTIMATE BY REACH File: SW219 REACH 9A Location: I-80S to Heritage Road Item No. Item Deacription Qu.antity Unit Unit Price Amou.nt I 42" DR 41 C90S PVC Sewer Pipe wjStd Bedding 10,885 LF $192.40 $2,094.274.00 2 42" Ductile Iron Pipe 18 LF $513.00 $9,234.00 3 Dual 5" PVC Schedule 80 Electrical Conduit 2,370 LF $8.50 $20,145.00 4 Replacement of Existing 4·Inch Sewer Laterals 10 EA $2,950.00 $29,500.00 5 Remove and Replace Existing Curb and Gutter 2.150 LF $32.00 $68,800.00 6 Abandonment oC Existing lO-Inch Sewer Main 1.525 LF $20.40 $31,110.00 7 lO-Inch C900 PVC Sewer Main with Standard Bedding 70 LF $116.50 $8,15S.00 8 Sewer Manholes (6-Foot) 22 EA $10,500.00 $231,000.00 9 Sewer Manholes (6-Foot) with Concrete Lug 2 EA $13,400.00 $26,800.00 10 Asphalt Concrete Paving 2,625 TON $118.40 $310,800.00 11 Crushed Aggregate Base 13,500 TON $17.62 $237,870.00 12 RjD AC Paving 175.000 SF $0.83 $145,250.00 13 Handholes 2 EA $1,200.00 $2,400.00 14 Traific Control 1 LS $110,000.00 $110,000.00 15 Pavement Striping 15.100 LF $1.75 $26,425.00 16 Storm Drain Box Culvert at Station 241+25 (approx) 100 LF $860.00 $86,000.00 17 Storm Drain Modification at Station 200+20 (appro x) 161 LF $118.00 $18,998.00 18 Storm Drain Transition Culvert Structure 200+25 (approx) 1 LS $13,400.00 $13,400.00 19 Furnish and Install New Detector Loops 26 EA $475.00 $12,350.00 20 Trench Shoring 1 LS $38,704.89 $38,704.89 21 Mobilization/Demobilization, insurance and Bonds 1 LS $42,070.54 $42,070.54 22 As-Built Plans 1 LS $1,851.10 $1,851.10 23 Over·Excavation of Unsuitable Subgrade Soils 3,000 CY $8.00 $24,000.00 24 Construction Fencing 1,208 LF $2.00 $2,416.00 25 Access Road from Station 270+80 to Station 491 +61 604 LF $17.00 $10,268.00 26 Access Road to Manhole Nos. 76, 77, 78 and 79 4 EA $11,100.00 $44,400.00 Construction Cost for Reach 9A $3,646,221.53 Sub-Total Cost for Reach 9A $3,646,222 (Per July 3, 2002 Bid Results) /2-/?/ lafg J \E11Q;n~r\Sewer\2001\SAL T CREEK 01F\r1l1al SC & w C ExhibCIs & CaIUI$ O~I?Ir.!OO~ 1154 AM ------~- -~ ----- ~~-- -- .-..---.....- WASTEWATER ENGINEERING APPENDIX G ~'f? 7I¥i SALT CREEK GRAVITY SEWER CnvQF AUTO PARK SEWER CONNECTION TO OVTS LINE CHUIA VlsrA DRAFT ENGINEER'S ESTIMATE File: SW219 Item No. Item Description Quantity Unit Unit Price Amount 1 8" SDR 35 PVC Sewer Pipe wjStd Bedding 1,100 LF $50.00 $55,000.00 2 Sewer Manholes {6~Foot} 6 EA $10.500.00 $63,000.00 3 Asphalt Concrete Paving 200 TON $100.00 $20,000.00 4 RjD AC Paving 7,000 SF $1.00 $7,000.00 5 Trench Shoring 1 LS $10,000.00 $10,000 6 Mobilization/Demobilization, insurance and Bonds 1 LS $15,000.00 $15,000 23 Over· Excavation of Unsuitable Subgrade Soils 3.000 CY $8.00 $24,000 7 Over· Excavation of Unsuitable Subgrade Soils 1,020 CY $8.00 $8,160 8 Construction Fencing 1,300 LF $2.00 $2,600 9 Access Road 100 LF $17.00 $1,700 10 Concrete Encasement 100 LF $20.00 $2,000 11 SCADA Componen ts 1 LS $15,000.00 $15,000 13 Contingencies 1 LS $26,540.00 $26,540 Total Cost for the Auto Park Sewer Connection to OVTS $250,000 Item No. Item Description Quantity Unit Unit Price Amount 1 Chanp;e Order No.3 1 Is $781,831.53 $781,831.53 Total Cost for Reach 9A-Change Orders $781,832 Total Cost for Reach 9A $4,678,053.06 Construction Changes : $406,079.85 Total Contract Cost $5,084,132.91 /2-/R2- 2019 J.\EngneenSewetl2CC1\SAL T CREEK OIFlFnal S C. & W C Exhibì:s '" Call <I¡ 0.1211200<111 s..A.M . WASTEWATER ENGINEERING APPENDIX G ~If? SALT CREEK GRAVITY SEWER W§ INTERCEPTOR OlYOF FINAL ENGINEER'S ESTIMATE BY REACH CHULA VISfA File: SW219 REACH 9B (Based on August 22, 2001 Bid) Location: Industrial Boulevard to I-80S Item No. Item Description Quantity Unit Unit Prlce Amount I 42" Diameter p.v.c. (C-90S) Sewer Main 13,897 If $17S.00 $2,431.975.00 2 21" Diameter P.V.C., SDR 35 52 If $425.00 $22,100.00 3 Standard Sewer Manholes 47 ea $14,9S0.00 $702,650.00 3a 8' Diameter Sewer Manholes 3 ea $19,000.00 $57,000.00 4 Replacement of Existing Sewer Laterals 5 ea $4,000.00 $20,000.00 5 Trench Shorting I Is $75,000.00 $75,000.00 6 Pavement Striping I Is $10,000.00 $10,000.00 7 Traffic Control I Is $70,000.00 $70,000.00 8 Furnish and Install New Detector Loop 4 ea $575.00 $2,300.00 9 Microtunneling 61 If $1,275.00 $77,775.00 10 Asphalt Concrete Paving 3,500 per ton $40.00 $140,000.00 11 Concrete Curb & Gutter 60 If $30.00 $1,800.00 12 Crushed Aggregate Base 5,800 per ton $18.00 $104,400.00 13 Concrete Sidewalk and Driveways 100 sf $14.00 $1,400.00 14 Sewer Bypass 1 Is $7,500.00 $7,500.00 15 MObilization/Demobilization, insurance and Bonds 1 Is $200,000.00 $200,000.00 16 Concrete Encasement of Sewer Mains 10 ea $4,000.00 $40,000.00 17 As-Built Plans I Is $IS,OOO.OO $IS,OOO.OO Total Contract Coat for Reach 9B $3,978,900 (Per August 22, 2001 Bid Results) 18 Change Order No.1 1 Is $93,130.00 $93,130.00 19 Change Order No.2 1 Is $70,768.00 $70,768.00 20 Change Order No.5 1 Is $2,000.00 $2,000.00 21 Change Order No.8 1 Is $680,000.00 $680.000.00 Total Cost for Reach 9B-Change Orde... $845,898 22 Main Street Jmprovement$ I LS $1,277,620.42 $1,277,620 Total Coat for Reach 9B $6,102,418 /2. -/23 30fl'l J:\El1QinlleñS_rI2001\SAL T CREEK OIF\Fioal S C. 5. W.C. EJChiIita 5. C~15:o1S 0.12112004 11S.AM "_ ___ ._._ __d~_'_"_._._ _______ __ __ ___._ -"~~--- WASTEWATER ENGINEERING APPENDIX G ~If? SALT CREEK GRAVITY SEWER ~ INTERCEPTOR CJ1Y Of FINAL ENGINEER'S ESTIMATE BY REACH (HUlA VISTA File:SW219 REACH 9B' Location: ¡-S to Industrial Boulevard Item Item Description Quantity Unit Unit Price Amount 1 mobilization, demobilization, insurance, bonds, and permits 1 1.s. $142,022 $142,022 2 traffic control 1 1.s. $75,000 $75,000 3 junction structure and receiving shaft 4# 1 1 1.30. $500,000 $500,000 4 jacking shaft 412 and manhole no. 1 1 1.5. $100,000 $100,000 5 max. 72-inch od steel casing installed by microtunneling 1,097 1.£. $1,100 $1.206,700 6 42-inch egOS pvc sewer pipe with 2 each 4-inch conduits; 1,117 l.f. $225 $251,325 grouted in-place inside casing 7 42-inch egOS sewer pipe installed in an open excavation trench 212 l.f. $325 $68.900 8 as-huilt plans 1 1.s. $1,000 $1,000 9 monitoring and cleanup 1 1.s. $5,000 $5,000 10 remove and replace existing curb and gutter 249 l.f. $20 $4,980 11 asphalt concrete paving 228 ton $50 $11,400 12 crushed aggregate base 1.172 ton $20 $23,440 13 concrete sidewalk and driveways 1,100 s.f. $8 $8,800 14 telemetry box and telephone conduit 1 La.. $18,500 $18.500 15 storm drain modifications 1 1.s. $30,000 $30.000 TOTAL COST FOR REACH 9B' $2,447,067.00 (Per November 26, 2002 Bid Results) 18 Change Order No.1 1 Is $46,073.46 $46,073.46 19 Change Order No.2 1 Is $1,200.00 $1,200.00 20 Change Order No.3 1 Is $50,000.00 $50,000.00 21 Change Order No.4 1 Is $1,100,000.00 $1,100,000.00 22 Chanp;e Order No. Future ContinRencies 1 Is $147,426.54 $147,426.54 Total Co.t for Reach 9B'-Change Orders $1,344,700 Total Coat for Reach 9B' $3,791,767 /2-1R'' 4019 J:\Enginee!\S"""..r'I2001ISAlTCREEKDIF\FínaiS,C ¿WC Em'blls& Cals.xI$ ~412'12000 1154AM WASTEWA TER ENGINEERING APPENDIX G ~I~ SALT CREEK GRAVITY SEWER INTERCEPTOR ~ FINAL ENGINEER'S ESTIMATE BY REACH File: SW219 CITY OF CHUIA VISTA REACH 8 Item No. Item De.cription Quantity Unit Unit Price AmDunt 1 42" Diameter PVC (C·90S) 6,494 LF $192.40 $1,249,445.60 2 Dual 5" pve Schedule 80 Electrical Conduit 13,024 LF $8.50 $110,704.00 3 Sewer Manholes (6-Foot) with Concrete Lug 14 EA $13,400.00 $187,600.00 4 Handholes 14 EA $1,200.00 $16,800.00 5 Trench Shoring 1 LS $23,053.25 $23,053.25 6 Mobilization/Demobilization, insurance and Bonds 1 LS $25,057.88 $25,OS7.88 7 As· Built Plans 1 LS $1,102.55 $1,102.55 8 Over-Excavation of Unsuitable Subgrade Soils 500 CY $8.00 $4,000.00 9 Construction Fencing 13,026 LF $2.00 $26,052.00 10 Access Road from Station 270+80 to Station 491 +61 6,513 LF $17.00 $110,721.00 11 Hydroseeding 1 LS $302.16 $302.16 12 SCADA Components 1 LS $150,000.00 $150,000.00 13 Level Sensor 3 EA $4,000.00 $12,000.00 ToW Cost for Resch 8 $1,916,838.43 (Per July 3, 2002 Bid Results) Construction Changes: $175.785.94 Total Contract Cost $2,092,624.37 REACH 7 Item No. nem De.cription Quantity Unit Unit Price Amount 1 36" DR 41 C90S PVC Sewer Pipe w/Std Bedding 8,220 LF $119.35 $981,057.00 2 36·lnch C90S DR41 PVC Sewer Pipe with Concrete Encasement 200 LF $643.00 $128,600.00 3 Dual S" PVC Schedule 80 Electrical Conduit 16,840 LF $8.50 $143,140.00 4 Sewer Manholes (S·Foot) with Concrete Lug 18 EA $11,300.00 $203,400.00 S Handholes 18 EA $1,200.00 $21,600.00 6 Trend 1 LS $29,890.42 $29,890.42 7 Mobilization/Demobilization, insurance and Bonds 1 LS $32,489.58 $32,489.58 8 As-Built Plans 1 LS $1,429.54 $1,429.54 9 Over-Excavation of Unsuitable Subgradc Soils 500 CY $8.00 $4,000.00 10 Construction Fencing 16,840 LF $2.00 $33,680.00 11 Access Road from Station 270+80 to Station 491 +61 8,420 LF $17.00 $143,140.00 12 Hydroseeding 1 LS $391.77 $391.77 13 Level Sensor 4 EA $4,000.00 $16,000.00 Total Cost for Resch 7 $1,738.818.31 (Per July 3, 2002 Bid Results) Construction Changes: $159.460.39 Total Contract Cost $1,898,278.70 11 -/K5 5019 J,IEngineerl.$ewe<'l2001\SAL T CREEK DIF\Fìn~¡ S C & WC Exhibits & C~$ xIS 0412\12004 II 54 AM - -- - -.- -.....--... - ..._--_..._._._--_.~._..- - ~- - -~~-~-- - ------ WASTEWATER ENGINEERING APPENDIX G ~r~ SALT CREEK GRAVITY SEWER ~ INTERCEPTOR FINAL ENGINEER'S ESTIMATE BY REACH OlYOf File: SW219 CHUlA VISTA REACH 6 Item No. Item Description Quantity Unit Unit Price Amount I 30" DR 41 C90S PVC Sewer Pipe w/Std Bedding 2.924 LF $91.00 $266,084.00 2 Dual S- PVC Schedule 80 Electrical Conduit 5,848 LF $8.50 $49,708.00 3 Sewer Manholes (5~Foot) with Concrete Lug S EA $11,300.00 $56,SOO.00 4 Handholes 5 EA $1.200.00 $6,000.00 5 Trench Shoring 1 LS $10,380.00 $10,380.00 6 Mobilization/Demobilization, insurance and Bonds I LS $11,282.61 $11,282.61 7 As~Built Plans 1 LS $496.43 $496.43 8 Over~Excavation of Unsuitable Subgrade Soils 500 CY $8.00 $4,000.00 9 Construction Fencing 5,846 LF $2.00 $11,692.00 10 Access Road from Station 270+80 to Station 491 +61 2.923 LF $17.00 $49,691.00 11 Hydroseeding 1 LS $136.05 $136.05 12 Level Sensor 1 EA $4,000.00 $4,000.00 TotaJ c"st for Reach 6 $469,970.09 (Per July 3, 2002 Bid Results) Construction Changes: $43.099.16 Total c"ntract Cost $513,069.25 REACH SB Item No. Item Description Quantity Unit Unit Price Amount 1 30" DR 41 C90S PVC Sewer Pipe w/Std Bedding 3,654 LF $91.00 $332,514.00 2 DualS" PVC Schedule 80 Electrical Conduit 7,308 LF $8.50 $62,118.00 3 Sewer Manholes [S-Foot) with Concrete Lug 12 EA $11;300.00 $135,600.00 4 Handholes 12 EA $1,200.00 $14,400.00 S Trench Shoring 1 LS $12,971.45 $12,971.45 6 MObilization/Demobilization, insurance and Bonds 1 LS $14,099.40 $14,099.40 7 As·Built Plans 1 LS $620.37 $620.37 8 Over·Excavation of Unsuitable Subgrade Soils SOO Cy $8.00 $4,000.00 9 Construction Fencing 7,242 LF $2.00 $14,484.00 10 Access Road (rom Station 270+80 to Station 491 +61 3,621 LF $17.00 $81,557.00 11 Hydroseeding 1 LS $170.02 $170.02 12 Level Sensor 2 EA $4,000.00 $8,000.00 Total Cost for Reach 58 $660,534.23 (Per July 3, 2002 Bid Results) Construction Changes: $60.575.07 Total c"ntract Cost $721,109.30 /2-//6 6019 J:lEf'gineerlS8W\lir\2001\SAL T CREEK OIFIFinal S.C & w C. Ext1ib4t$ & Cal!,<js 04/21I2oo4'1S4AM WASTEWATER ENGINEERING APPENDIX G ~I&.. SALT CREEK GRAV1TY SEWER INTERCEPTOR Tm FINAL ENGINEER'S ESTIMATE BY REACH cm Of File: SW219 (HULA VISTA REACH 4A Item No. Item Description Quantity Unit Unit Price Amount 1 Single 24~Inch C90S DR 41 PVC Swr Pipe w/Std Bedding 562 LF $90 $50,580 2 Dual24~Inch C90S DR 41 PVC Swr Pipe w/Conc Ene 164 LF $300 $49,200 3 Dual 24-Inch C90S DR 41 PVC Swr Pipe w/Std Bedding 3,288 LF $190 $624,720 4 lO~Inch C900 DR 41 PVC OTC Spur Line 2.310 LF $50 $115,500 5 Dual S~Inch PVC Schedule 80 Electrical Conduits 11,494 LF $14 $160,916 6 Cone Enc of Dual 5-Inch PVC Sch 80 Electrical Conduits 202 LF $50 $10,100 7 Sewer Manholes (4-Foot wide by 6.S-Foot long) 8 EA $18,000 $144,000 8 Sewer Manholes (S-Foot Diameter) for 24" Sewer 1 EA $12,000 $12,000 9 Sewer Manholes (S~Foot Diameter) for 10" OTC Spur Line 11 EA $6,000 $66,000 10 Manhole Rehabilitation 16 EA $4,000 $64,000 11 Mobilization/Demobilization, Insurance and Bonds 1 LS $67,695 $67,695 12 Over-Excavation of Unsuitable Sub grade Soils 2.000 CY $8 $16,000 13 Level Sensor 14 EA $4.000 $56,000 14 Handholes 35 EA $2.000 $70,000 15 Access Road over OTC Spur Line 2,230 LF $18 $40,140 16 Access Road over new 24" Se~r S45 LF $18 $9,810 17 Access Road over Existing 24" Sewer 4,442 LF $20 $88,840 18 As~Built Plans 1 LS $10,000 $10,000 19 Monitoring and Clean~Up 1 LS $25,000 $25,000 20 Marker Posts 14 EA $200 $2,800 21 Concrete Aprons 244 LF $100 $24,400 22 Construction Fencing 16,825' LF $2.00 $33,6S0 23 HvdroseedinR 10,000 SF $1.00 $10,000 Total Coat for Reach 4A $1.751,351 (Per September 4, 2002 Bid Results) Construction Changes: $175.135 Total Contract Coat $1,926.486 12~/P7 7019 J-lEnginl!e<\Sewerl200!\SALTCREEKDIFlFinilIS.C &WC,E.<hibits&CillsJds 1j.¡1211200411.$4AM .. ---_._-,..~."..,-~---". . -~---'..._-_._.-.-"--," - -------. " -~._--_._--.-- WASTEWA TER ENGINEERING APPENDIX G ~r~ SALT CREEK GRAVITY SE~R tífi INTERCEPTOR FINAL ENGINEER'S ESTIMATE BY REACH OlYOF File: SW219 CHULA VISTA REACH 3 Item No. Item Description Quantity Unit Unit Price Amount 1 Dual20-Inch C90S DR 41 PVC Swr Pipe wjStd Bedding 2,221 LF $170 $377,570 2 Single 20-1nch C90S DR 41 PVC Swr Pipe wjStd Bedding 194 LF $80 $lS.520 3 Dual 20-Inch C905 DR 41 PVC Sewer Pipe wjConc Ene 170 LF $280 $47,600 5 Sewer Manholes (4-Foot wide by 6.S-Foot long) 6 EA $18,000 $108,000 6 Sewer Manholes IS-Foot Diameter) for 20" Sewer 4 EA $12,000 $48.000 7 Manhole it 17 2 EA $20,000 $40,000 9 Manhole it 11 1 LS $20,000 $20.000 10 Dual 10" Dr 41 C900 PVC Sewer (Village 11 to MH #11) 25 LF $100 $2,500 11 MObilization/Demobilization, Insurance and Bonds 1 LS $82,305 $82,305 12 Over· Excavation of Unsuitable Subgrade Soils 1,000 CY $8 $8,000 13 Level Sensor 6 EA $4,000 $24,000 14 Handholes 15 EA $2,000 $30,000 17 Marker Posts 14 EA $200 $2,800 18 Retaining wall 218 LF $50 $10,900 19 Concrete Aprons 156 LF $100 $15.600 20 Abandonment of Existing 21- Sewer Between Manho!e ",21 and Wet Well 1 LS $5,000 $5,000 21 RID Existing Retaining Wall and Chain Link Fence 1 LS $15,000 $15,000 22 SCADA Components 1 LS $100,000 $100,000 23 Constru.ction Fencing 5,27S LF $2.00 $10,550 24 Hydroseeding 9,713 SF $1.00 $9.713 25 Cutoff wall 5 EA $1.500 $7,500 26 Remobilization - Sewer Connection at Pump Station (Reference Bid Item 29) 1 LS $25,000 $25,000 27 Asphalt Concrete PavioR 405 LF $30 $12,150 Total Cost for Resch 3 $1,017,708 (Per September 4, 2002 Bid Results) Construction Changes: !1Q.L 770 Total Contract Cost $1,119,478 /1-1.2¿ Bol9 J\Enginear\Sewet\2001\SAL T CREEK OIF'Fïnal S C 50 WC. ExhibQ !. Caluls 0412112004 1154AM WASTEWATER ENGINEERING APPENDIX G ~!f? SALT CREEK GRAVITY SEWER ~ INTERCEPTOR FINAL CONSTRUCTION COST BY PHASES ClT'YQF File:SW219 CHUIA VISfA COST OF COST OF CURRENT COST OF PHASE REACHES CONTRACTOR CHANGE BID OPENING CONTRACT ORDERS THE PHASE I 98 HAZARD / Te CONSTRUCTION $3,978,900 $2,123,518 Aug·22·01 $6,102,418 II 98' MODERN CONTINENTAL $2,447,067 $1,344,700 Nov-26-02 $3,791,767 III 9A, 8, 7, 6 & 5A CASS CONSTRUCTION $8,432,383 $1,876,832 Jul-03-02 $10,309,215 IV 3 & 4A DON KELLY CONSTRUCTION $2,769.059 $276,905 S~-04-02 $3,045,964 TOTAL $17,627,409 $5,621,955 $23,249,364 12.. -1!?9 9019 J:\Enginee"'S~1\2001\SAL T CREEK OlF1J'inðl S.C & W.C EJhibils & C~is>lls 0412112oo41154AM .." H' '.~__..,,"~_ ~-~--~---,',- -_.,--_.._--~- -~------~ APPENDIX "H" /2 - /90 .,. ''.0.··.."'. "ë: . ""'" 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0''''' . , ,c;::¡ q.'T. 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APPENDIX I /2-/9 " WASTEWATER ENGINEERING APPENDIX I EDUS FOR THE SALT CREEK BASIN I Dateo Feb. 13, 2004 Sewa.o Gono....on Facto"" Single Family Residence 1.0 EDUI Residence SChool" Elementary 45.2B EDUlsChool Mult~Fami~ Residence .75EDUIResidence Jr. High 105.68 EDUlschool Commercia" Induslnal 9.434 EDUIAcre Sr. High IBI.13EDU/SChool I Rolling Hills , Flow FutureDIF P"je"ed Total Units Completed Units Remaining Total Flow Co"'"bution Cont"bution SFR 1195 472 723 316.675.0 1195 723 MFR 0 0 0 Open Space 0 0 0 D.O a Pa'" 52 52 0 13.774.7 52.0 0 CPF 2B 2B 0 7,420.0 ~ 1274.96 551.9B 723 337,B69.7 1,275.0 --rno Tolal EDU's Projected 1275 Total EDlfs Compleled 552 Total EDlfs Remainl" 723 , I Easijake Woods-West Flow FutureDIF P"Je"ed Total Units Completed Units Remaining Total Flow Co","buli" Contribution SFR 256 254 2 67,B40.0 256 2 MFR 0 0 0 Opon Spaco 0 0 0.0 Elom. School 0 0 0.0 Pa'" 0 0 0.0 CPF 0 0 --2& 256 254 2 67.B4O.0 256.0 2.0 P"je"ed Total EDU'S 256 Total EDU's Completed 2B4 Total EDU's Remalnin. 2 Eastlake Woods I Flow FutureDIF P"jeded Total Units Completed" Units Remaining Total Flow Co","bution Contribution SFR 408 250 15B 108.120.0 40B 158 MFR 0 0 0 0 FI... Station ICPF) 9 9 0 2.499.0 9.4 0 Jr. High School 108 106 0 28,090.0 106.0 0 Elom. School 45 45 0 11,999.2 45.3 0 Opon Spaco 0 0 0 --2& --.Q. 56B.71 410.71 15B 150,70B.2 56B.7 15B.0 Total EDlfs P"jedod 5B9 Total EDU's Compleled 411 Total EDU's Remaining 15B "units under construction included Easijake Greens' I Flow FutureDIF P"leded Total Unils Completed Units Remaining T"aiFlow Cont"bution C,,"ibution SFR 725 717 B 192,125.0 725 B MFR 190 190 0 5O.2B3.B IB9.B 0 GolfCou..o 51 51 0 13,515.0 51.0 0 Park 14 14 0 3,710.0 ~ --.Q. 979.75 B71.75 8 259.B33.B 979.B B.O Total EDU's P"jected 960 Total EDU's Completed 972 Total EDU's Remaining B "Flow to Salt Creek Basin as dete",,'ned by the 1997 Eastlaka Greens SPA Plan Eastlake Trails I Flow Futura DIF P"jeded Total Units Completed Units Remaining Total Flow Contribution Cont"bution SFR 956 956 0 253,340.0 956 0 MFR 142 142 0 37,563.B 141.75 0 Opon Spaca 0 0 0 0 0 Elom. School 45 45 0 11,999.2 45.2B 0 Pa'" 35 35 0 9.1B'.0 34.6 0 CPF 57 57 0 15,197.B ~ --.Q. 1234.9B 1234.'8 0 327,2B9.7 1.235.0 Total EDU'S P"je"ed 1235 Total EDU's Completed 1235 Total EDU's Remainl" 0 /2 -;9 7 JIIEngineerlSewer12001lSait Creek DIFI Final S.C., W.C. E""ibits . Cals.xl" (S.C._EDU's-Ravisad Aug 2004) lof4 ~'IO2I""', ""9PM) ~ -_._~~ . .._~- WASTEWATER ENGINEERING APPENDIX I Eastlako Vistas I Flow Projected Total Un" Completed" Units Remeining Tot" Flow Conb1butlon SFA 777 477 300 205,905.0 777 MFA (587 Units) 440.25 411.75 28.5 116,666.3 440.25 Pa" 13 0 12.86 3,407.9 12.86 Open Space 0 0 0 ----2. 1230.11 "8.75 341.35 325.979.2 1 ,230. ! "8.8 Total EDUOs Projected 1230 Total EDU's Comple'ed 889 Total EDU's Remainln9 341 "Units under construction included Olympic Training Ctr. OTC (EL III) >Iow FutureDIF I Projected Total Units Completed Units Remaining Total Flow Co"nbutlon ContributJon OTC 812.7 812.7 0 215,365.5 813 0 E_.cational - 353.8 0.0 353.8 93,757.0 354 353.8 MFD(EDU'a) - 0,0 0,0 O,OQ - 0 0 Commerolal - 291.6 0.0 291.6 77.274.0 292 291.6 CPF - 117.1 0.0 117.D7 31.023.6 117 117.07 Other School - 4.7 0.0 4.71 1,248.2 ----É. --.Q!. 1580 8" 787 418,668.2 1,579.9 767.18 projecte- Total EDU'S 1580 Total EDU's Complete- 813 Total EDU's Remainin. 767 -A,MI",",..".,."",.. OIay Village #11 I Flow FutureDIF Projected Total Un" Completed" Units Remaining Total Flow Con"'butloo Contribution SFR (13") 13.. 325 1043 362.520.0 1368 1043 MFA '889} 674.25 51 623.25 178,676.3 674.25 623.25 Open Space 0 0 0 0 0 Elem. Schoo' 45 0 45 11,999.2 45.26 45 Jr. HI_h School 106 0 106 28,090.0 106 106 p", 22 0 22 5."9.3 22.45 22 CPF 52 0 52 ".748.2 51." 51." Easement 0 0 0 0 0 Commercial .. 0 .. 24,997.5 ~ ~ 2362 376 1986 625.980.4 2362.19 1985.46 Projected Tot" EDU'S 2362 Total EDU's Completed 376 Total EDU's Remeinin- 1986 .unlts under construction Included Otay Ranch Villago10 North I Flow Future DlF Projected Total Units Completed Units Remaining Total Flow Contribution Co"nbutlon Unl.e..'ty 2539.62 0 2539.62 672999.3 2539.62 2539.62 Projected Total EDU'S 2539.62 Total EDU's Completed 0 Total EDU's Romalning 2539.62 Otay Ranch Villaqo 9 North I Flow Future DIF Projected Total Un" Completed Units Remaining Total Flow Conb1butlon Conb1butlon Unl.e..'ty 3433.01 0 3433.01 909,747.7 3433.01 3433.01 Comerclal & Utilities 93.4 0 93.4 24751.0 ~ ~ 3526.41 0 3526.41 934,498.7 3526.41 3526.41 Projected Total EDU'S 3526.41 Total EDU's Completed 0 Total EDU's Remeinin- 3526.41 I Otay Ranch Village 8 Flow Future DIF Projected Tot" Un" Completed Units Remaining Total Flow C_lbution Conb1butJoo SFR 1021 0 1021 270,565.0 1021 1021 MFA 327 0 327 86,655.0 327 327 Elem. School 45.28 0 45.28 11,999.2 45.28 45.28 Pa" 16.79 0 16.79 4,449.4 16.79 16.79 CPF 56.6 0 56.6 14,999.0 56.6 66.6 Commercial 126.41 0 126.41 33.498.7 126.41 126.41 Commercia' & Utillti.. 70 0 70 16,550.0 ~ ----1Q. 1663.06 0 1663.06 440.716.2 1,563.1 1,663.! Projected Total !653.08 Total EDU's Completed 0 Total EDU's Rem,inin- 1663.08 1'2-/92 ~~:~~i~ee;I~~~2~Oc'.:S~it_cr.oek DIt',,- --.. WASTEWATER ENGINEERING APPENDIX I Olav Ranch Village 3/PA 1ab. I Flow F,t", DIF Projected Total Un", Completed Units Remaining Total Flow Con1riMon Con1ri""'on Lightlnd"trial 1625.7 0 1625.7 430,810.5 ~ ~ Projected Total 1625.7 Total EDU', Comple..d 0 Total EDU', Remaining 1625.7 "A"umlng 213 of the Area will conti""e to the Salt Creek Ba,'n I OlaV Ranch Village 9/10 South I Flow F"',re DIF Projected Total Un", Completed Unlt'Remalnlng Total Flow Con1ri""ion Conln""ion Open Space 0 0 0 0 0 Commercial or Uti"tie, 0 0 0 - ----2.--.!'. Projected Total 0 Total EDU', Completed 0 Total EDU', Remaining 0 OlaV Ranch Village 4 South. I Flow F"'ure DIF Projected Total Un", Completed Unlt,Remainlng Total Flow Contri""'on ConlrtMon SFR 241 0 241 63.B65.0 241 241 E_cllvelndustry'"' 0 0 0 0 --š3;ã6š:õ' ~ ~ Proj_dTotal 241 Tolal EDU's Completed 0 Total EDU', Remaining 241 "A"umlng a" flow goe' to the Salt Creek -Approved a, Open Space OlaV Ranch House I Flow F","re DIF Projected Total Units Completed Un", Remaining Total Flow Contri'utlon Contn""'on SFR 12B 0 12B 33,920.0 12B 12B ConterenceCtr. 176.41 0 176.41 ~ ~ 17B.41 3O4.4t BO,66B.7 304.4 304.41 Projected Tolal 304.41 Total EDU', Completed 0 Total EDU', Remaining 304.41 I ~~ I Projected Total Un", Compleled Un", Remaining Total Flow Contri""'on ConlrtMon Open Space 0 0 0 0 0 SFR 140 0 140 37,tOO.0 140 140 ~ ~~ Projected Tolal 140 Total EDU', Comple"d 0 Total EDU', Remaining 140 OlaV Ranch Village 13 Resort I Total Flow Flow F"'ure DIF Projected Total Unit, Completed Un", Remaining gpm Contn""'on Contri,""on SFR 1B73 0 1873.00 496.345.0 1B73.oo 1B73.00 MFR 1B5.25 0 'B5.25 49,OB1.3 'B5.25 1B5.25 Parl< 36.98 0 36.9B 9.BCO.0 3B.9B 36.'B Open Space 0 0 0.00 0.00 0.00 School (BOO Sludents) 45.2B 0 45.2B 12,000.0 45.2B 45.2B ComJRa,ort (51.2Ac) 4B3.02 0 483.02 ~ ~ ~ 2623.53 0.00 2623.53 695,236.3 2623.53 2623.53 Projected Total 2.B23.53 Total EDU', Completed Total EDU', Remaining 2.B23.53 I OlaV Ranch Village 14 I Flow F"'ure DIF Projected Total Units Completed Units Remaining Total Flow Con1ri""ion Con'n','lon SFR 1563 0 1563 414.195.0 1563 1563 MFR 112.6 0 112.5 29.B12.5 112.5 112.5 Parl< 18.B7 0 'B.B7 5,000.B 1B.B7 1B.B7 OpenSpaca 0 0 0 0 0 CPF 70.75 0.00 70.75 1B,750.0 70.75 70.75 Commarclal 45.2B 0.00 45.2B 12,000.0 45.2B 45.2B Elam. School 27.36 0.00 27.36 7,250.0 27.3B 27.36 1,B37.77 1,B37.77 487,OOB.05 ~ ~ Projectad Total 1.B37.77 Total EDU', Completed 0 Total EDU', Remainln. 1.B37.77 /2 -111 J'"En9Ineer/SewerI2C01lSalt Craek DIF/ FInal s.c. . WC. exhibit,. Cal,.~s; (S.C._EDU"-Revi'ed Aug 2004) 3 of 4 ~SIO"'O04; 12;29 PM) ---- . ---------. ---------------.--- WASTEWATER ENGINEERING APPENDIX I Yillage15 (San Ysidro West)' I Flow F",u," DIF Projecled Total Units Completed Units Remaining Total Flow ContrtMon Conto'",'on SFR 481 0 0 0 0 0 MFR 0 0 0 0 0 0 Park 6.41 0 0 0 0 0 Open Space 0 0 0 0 0 0 CPF 21.7 0 0 0 0 0 Commercial 31.13 0 0 0 0 0 Elom School 45.28 0 0 ~ -L....... ---...Q. 585.52 0 0 0 Projocl"" Total 0 Total EDU's Completed 0 Total EDU's Remaining 0 'Sold to State for Mls.a"on (Totals not Ineldod In p,"vlous DlF Analysis) Planning Area 16 I Flow F",u," DIP Projecled Total Units Completed Units Remaining Total Flow Conto'",ion Con",'ution SFR 390 0 390 103.350.0 390 390 Park 4.7 0 4.7 1.245.5 4.7 4.7 Open Space 0 0 0 0 0 CPF 16 0 16 ~ ~ ~ 410.7 0 410.7 ""'.835.5 410.7 410.7 Frojecled Total 410.7 Total EDU's Completed 0 Total EDU's Remaining 410.7 I Undesignated I Flow F",UTa DIP Projecled Total Units Complot"" Units Remaining Total Flow Conto'",ion ContriMoo Extrae"volndus"" 0 0 0 0 0 Projecled Total 0 Total EDU's Completed 0 Total EDU's Remainin. 0 I Miscellaneous Projects I Flow F",u," DIF Projecled Total Units Complet'" Units Remaining Total Flow Con",'",ion Conto'ution SFR 290 0 290 78,850.0 290 290 MFR 1.5 0 1.5 ~ -.kill. ~ 77,247.5 291.1 291.1 Projecl'" Total 291.5 Total EDU's Completed 0 Total EDU's Romalning 291.5 SUMMARY I La.. Vlllago IS Total EDU'S Projected 24692 Total EDU'S Completad 5501 Total EOU'S Romalnlng 19t91 Total EDU's from Benefit Area 24,692 5,501 19,191 "I1l1age 15 sold to Stat. lor Mitigation- 585 EDU's not included In study. /2-2/)0 J}/EngineerIS.wer/2001/Salt Creek DIFI Final S.C. . W.C. Exhibits. Caluls: (S.C._EDU's-Re~..d Aug 2004) 40(4 ~~O2I200.,12,29PMJ WASTEWATER ENGINEERING APPENDIX I ED US FOR WOLF CANYON SEWER BASIN Data Last Updated: June 26,2003 Adopted Plans lor the Buildout Scenario: Nov-02 SEWAGE GENERATION FACTORS RESIDENTIAL Single-Family 265 gpdlD. U. Multi-Family 199 gpdlD. U. COMMERCIAUINDUSTRIAU COMMUNITY FACILITIES 2,500 gpd/AC SCHOOLS Elementary 15 gpcpd 800 students/school Jr. High 20 gpcpd 1,400 students/school High School 20 gpcpd 2,400 students/school PARKS 500 gpd/AC PA 12/EUC. elF ZONE LAND USE GEN BUILD-OUT FACTOR UNITS FLOW (GPO) 3995 M. F. D. 199 2,332.00 464,068 3995 Reaional Com 2,500 39.30 98,250 3995 Office Hiah Rise 2,500 19.70 49,250 3995 Office Low Rise 2,500 63.00 157,500 3995 C. P. F. 2,500 8.30 20,750 3995 Elementary School 15 800.00 12,000 3995 Park 500 45.00 22 500 TOTAL 824,318 . Assuming that all the flow goes to Wolf Canyon Basin 1013 J:\ENGINEERISEWER\2001\SAL T CREEK OIFlFinal S.c. & W.C. Exhibits & Cals.xls /2-2.1J1 _.._._-_._--~_.__....~_._---_.._- -.---.------.---- WASTEWATER ENGINEERING APPENDIX I OTAY VILLAGE 2* . DIP ZONE LAND USE GEN BUILD-OUT FACTOR UNITS FLOW (GPD) 3982 S. F. D. 265 399.60 105,894 3892 M. F. D. 199 82.04 16,326 3982 Park 500 2.45 1,225 TOTAL 123,445 "It is estimated that 40% of the total SFDs, 14% of the total MFDs and 7% of the totai area of Parks of OR Village 2 are tributary to the Wolf Canyon Sewer Basin; the rest of the deveiopment contributes flows to the Poggi Canyon Sewer Basin (Reference: OV OTAY VILLAGE 7 DIF ZONE LAND USE GEN BUILD-OUT FACTOR UNITS FLOW (GPD) 3997 S. F. D. 265 858.00 227,370 3997 M. F. D. 199 448.00 89,152 3997 Commercial 2,500 6.00 15,000 3997 C. P. F. 2,500 4.10 10,250 3997 Sr. Hiqh School 20 2,400.00 48,000 3997 Elementary School 15 800.00 12,000 3997 Jr. Hiqh School 20 1,400.00 28,000 3997 Park 500 7.00 3500 TOTAL 433,272 OTAY VILLAGE 4 NORTH DIF ZONE LAND USE GEN BUILD-OUT FACTOR UNITS FLOW (GPD) 4024 S. F. D. 265 291.00 77,115 4024 Commercial 2,500 3.00 7,500 4024 C. P. F. 2,500 2.40 6,000 4024 Utilities 2,500 7.50 18,750 4024 Elementary School 15 800.00 12,000 4024 Park 500 3.40 1700 TOTAL 123,065 2 of 3 J:\ENGINEER\SEWER\2001\SAL T CREEK DIF\Finai S.c. & W.C. Exhibits & Cais.xls /2- 202 WASTEWATER ENGINEERING APPENDIX I DTAY VILLAGE 3/PA 18b* DIF ZONE LAND USE GEN FACTOR BUILD-OUT FLOW (GPO) UNITS 4040 Liaht Industrial 2,500 84.88 212,190 TOTAL 212,190 *Assuming 1/3 of the area will contribute to the Wolf Canyon Sewer Basin WOLF CANYON BASIN FLOW GENERATION DEVELOPMENT FLOW CALCULATED FOR THE DIF UPDATE (GPD) PA 12/EUC 824,318 Otay Ranch - Villa e 2 123,445 Otay Ranch - Village 7 433,272 Otay Ranch - Village 4 North 123,065 eta Ranch - Village 3/PA 18b 212,190 TOTAL 1,716,290 3 of3 J:\ENGINEERISEWER\2001ISAL T CREEK DIF\Final s.c. & W.C. Exhibits & Cals.xls !2-2O3 APPENDIX "J" / 2 -ZtJ¥ z z 0 ~ëi5 ~ ~ >- ~ LlJ « Z Z (J) ~ ~ ~ LlJ ~!lm/s~ z ~~ ð~~ ~~c ~ . ð ~¡J:6~ () LlJ L.L. 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",I > " S ~M. ~~"M " So :3 z > N - ~ - MM- ~ ~ II: ::æ: ~ ::I In N ~ ~ <c J: 8 8 888 8888 8 88 8 () ,; ,;,; ,;,; ,;,;,;,; ,; ,;,; ,; . ~ c:: i ~ i = ~ < . = 8 8 888 iii~ ~ i~ ~ ~ ~ ,; ,; ,;,;,; ~~~~ ~~! ~ j : ~ ~~ ~ i ~ zzzz z zz z ~ ~ 1 ~ en ~ ¡; ~ ! zen..!! ~;¡ ~ ow".: w ~ ~ Ii ¡;~ ~~~ ~ ~~" ffi ~ '.."Ez 0 g!í " ~ i~.g:5 q P "~ ~ ,,~u ~ ~ ~i(~ ~~~8 ~ ~8 o~ ~ ~ !~5 H "'~ H~ ~O~ ~ H ~~ ~ ~ ~ : H ~ ~ ~ ~ ~ n ~ ~ B ~.. n ~ g j «0 ==2~ :d ~~ ~88 ~~~!¡! ~ ~8~;; /1'1 ~"I')/ ~ CD « ~ . "'.. 0""'" "'d' ~~~ coo ~o ~o o~~ oB§~ B~ ~o ~e'. "'-:;- -.~ -~.~ - -.. ...- -.----------------- --- _._...._---~-- .. Ordinance No. Page 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 WHEREAS, developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's portion of the total cost ofthe public facilities; and, WHEREAS, all development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and, WHEREAS, the Salt Creek Sewer Basin (Gravity Basin) is that area of land within the City of Chula Vista and the County of San Diego ITom which wastewater will flow by gravity from Salt Creek into the Otay River Valley (which also includes the portion land referred to as the "Wolf Canyon Basin"). The Otay Lake Basins are those areas of land within the County of San Diego ITom which wastewater will flow by gravity into the Lower and Upper Otay Lake Reservoirs, a portion of which will be pumped into the Gravity Basin. These areas are shown on the map attached hereto as Exhibit "A", Salt Creek Sewer Study Map; and, WHEREAS, on December 6, 1994, the City Council of the City of Chula Vista adopted Ordinance No. 2617 establishing a Development Impact Fee to pay for sewer improvements within the Salt Creek Sewer Basin as .a condition of issuance of building permits; and WHEREAS, City Staff has prepared the Update to the Salt Creek Sewer Basin Plan ("Report") dated August 2004; and, WHEREAS, the Report has determined that new development within Upper and Lower Otay Lake and Salt Creek Basins, including the Wolf Canyon Basin will create adverse impacts on the City's existing sewer facilities-to wit, that there are no existing sewers which can serve gravity sewage flows expected to be generated ITom new development within these Basins-which must be mitigated by the fmancing and construction of certain sewer facilities identified in this ordinance; and, WHEREAS, said Report includes an estimate of ultimate sewer flows anticipated from the Otay Lake and Salt Creek Basins, recommends sewer facilities needed to transport these flows, including additional facilities known as Rock Mountain Road Trunk Sewer and Heritage /2.- ZZz. --------- -- ------~--~~--- Ordinance No. Page 2 Road Trunk Sewer and establishes a fee payable by persons obtaining building permits for developments within these basins benefiting ITom the construction of these facilities; and, WHEREAS, in April and July 2004 public meetings were held with the owners and developers of properties located within the Gravity Basin to discuss the Report and city staff recommendations for revising the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the City's Enviromnental Review Coordinator has reviewed the proposed activity for compliance with the California Enviromnental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although enviromnental review is not necessary at this time, enviromnental review has been completed for the Salt Creek Gravity Sewer Interceptor and will be required for the Wolf Canyon Trunk Sewers prior to the approval of final design plans and the awarding of the construction contract; and, WHEREAS, on August 17, 2004 a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and revising of the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Salt Creek, Wolf Canyon and Otay Lake Basins in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Enviromnental Review. That the activity will have no significant enviromnental impacts, and therefore is not subject to the CEQA although enviromnental review will be required for the Wolf Canyon Trunk Sewers. SECTION 2. Approval of Report. The City Council has independently reviewed the proposed Report herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, known as the 12-223 -- --------------.~----~._- Ordinance No. Page 3 Update to the Salt Creek Sewer Basin Plan, dated August 2004, a copy of which is on file in the office of the City Clerk and the City Engineer. SECTION 3. "Facilities". The facilities which are the subject matter of the fee herein established are fully described in the Report at page13, Table 2.4 thereof, and the locations at which they will be constructed are shown on Exhibit "A", Salt Creek Basin Sewer Study Map, which is included in the Report, all of which facilities may be modified by the City Council ITom time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual wastewater flow. SECTION 4. Territory to Which Fee Is Applicable. The area of the City ofChula Vista to which the Fee herein established shall be applicable is set forth on Exhibit "A", and is generally described as the Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, Wolf Canyon Basin and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin, SECTION 5. Purpose. The purpose of this ordinance is to provide the necessary financing to cover the costs associated with and to construct the necessary facilities within the areas shown in Exhibit "A". SECTION 6. Establishment of Fee. A Development Impact Fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of a building permit for a development project within the Territory, is hereby established. SECTION 7. Due on Issuance of Building Permit. The Fee shall be paid in cash upon the issuance of a building permit. Early payment is not permitted. SECTION 8. Determination of Equivalent Dwelling Units. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a ¡.-> ~)2t¡ , ¿.. .,. ¿.- " Ordinance No. Page 4 multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit "B", EDU Conversion Factors For Financial Analysis, and is included as Table 5.1 in the Report. SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited. The Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 10. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities and purchase of a maintenance vehicle, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Fee. SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule. The Fee shall be calculated at the rate of $1,330 per EDu. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section C, which shall read as follows: "C. Salt Creek Sewer Basin Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No._, but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there are additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth in Exhibit "A" of the Salt Creek Basin Gravity Sewer Analysis dated November 1994, and is generally described as the Salt Creek Basin, that portion of the ! 2- 2.15 Ordinance No. Page 5 Upper Otay Lake Basin north of the Salt Creek Sewer Basin, the Wolf Canyon Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. b. Rate per EDU. The Fee shall be calculated at the rate of$I,330 per EDU, which rate shall be adjusted from time to time by the City Council. c. EDU Calculation. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDu. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Table 5.1 of the Report d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council intends to review the amount of the Fee annually or ITom time to time. The City Council may, at such reviews, adjust the amount of this fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. SECTION 12. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Fee shall be deposited into a public facility financing fund ("Salt Creek Sewer Basin Benefit Area Fee Fund", or alternatively herein "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 Facilities identified in this ordinance and to periodically make expenditures ITom the Fund for the purposes set forth herein in /2 ~2Z6 Ordinance No. Page 6 accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. SECTION 13. Findings. The City Council finds that collection of the Fees established by this ordinance at the time of issuance of the building permit is necessary to ensure that funds will be available for the construction of facilities concurrent with the need for these facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. SECTION 14. Fee Additional to other Fees and Charges. 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. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Basin Plan to be constructed to accommodate the sewage flow generated by the development, the City may require the developer to install Facilities according to design specifications approved by the City. Such improvements shall have the size or capacity necessary to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall offer to reimburse the developer ITom the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities m conjunction with the prosecution of a development project within the Territory, the City may, as part of the written agreement, grant credits against the Developer's obligation to pay /2-227 .. --- -~ .----------.--.---_0__._.0-- Ordinance No. Page 7 the Fee, and may thereafter, use the proceeds of the Fund to reimburse the developer from the Fund either at the time the expenditures are incurred or over time as fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee, and in an amount agreed to in advance of their expenditure in writing by the City, The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 14 or 15 above shall be conditioned on the developer complying with the terms and conditions ofthis section: a. Written authorization shall be requested by the developer ITom the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the Work. b. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (1) Detailed descriptions of the Work with the preliminary cost estimate. c. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may ITom time to time impose: (1) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the Work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the project; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. /2 -222 Ordinance No. Page 8 (6) The City shall. be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the construction of the project. (7) The developer shall advance all necessary funds to design and construct the project. (8) 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. 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. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. (10) The agreement may provide that upon determination of satisfactory incremental completion of a Facility, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such costs until issuance by the City of a Notice of Completion. (11) the agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Fee for building permits to be applied for in the future. (12) 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 project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Fees required by this ordinance against the City's duty to reimburse the developer. (14) If, after offset if any, funds are due the developer under this section, the City shall reimburse the developer ITom the Fund 12 -221" -----------------------.-----_._- Ordinance No. Page 9 either at the time the expenditures are incurred or over time as Fees are collected, at the option of the City, for eligible costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee; or the developer may waive reimbursement and use the amount due them as credit against future Development Impact Fee obligations. SECTION 18. Procedure for Fee Modification. 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 burdens of the development, may apply to the City Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project, 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 modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Fee. SECTION 20. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation of the Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based in the costs included in the Basin Plan, as amended ITom time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. /2 -230 Ordinance No. Page 10 SECTION 21. 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 Facilities. SECTION 22. 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 bylaw after the effective date of this ordinance.. In accordance with Government Code Section 66020(d)(l), the ninety-day approval period to which parties may protest begin upon the effective date of this Ordinance. SECTION 23. Other Not Previously Defined Terms. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless ITom 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 as adopted by reference by this City. (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 Section 65927 and 65928 of the State Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. SECTION 24. Effective Date. This ordinance shall become effective sixty (60) days after its second reading and adoption. 12-~Z3/ Ordinance No. Page 11 Presented by Approved as to form by ~l"P~ Jack Griffin oore Director General Services y Attorney J :Attorney/Ordinance/Salt-Creek - DIF -Ord _final /2.' ,- 2 ::; 2, z 0 ~ ~ m ~ ~..z >< ~ ~ :I:m - OJ - -I » ."'U 0;0 ()o »c... ~m 0 ()CJ) ~ Z-f tIj~ (J) ~~ ~n 0 ~ ~~ ~ ~ z~ - :z: Cñ ~ Z m Z 0 i~.. I I : I I 3 .. 0 I' . I ¡ cn~ ¡ : ~:J:""" I: : ! Ii" ~ ~ ~ m C) ~:2: en C) ~ en"'O enô Z G) en Ô z G) en z G) en en 3: m ~ == ~ g~ ê~ ~~~ ~g g~rrl~~ ~rrl~~ ~ ~.~ ~~ Q ~ ~ ~"T1 m 0-< G) m ~ mQo m ;;c ::;; C) ~;;c::;; C) 00.<.., m O;;C m E .... C);;c;;c ;;c ,C)~ ....C)~ ::¡;en(J);;c Z 3 S? ;Þ en;þ ,Z;Þ ,C) mOm-<;;C Sm-<;;C ~(J) ~, ~ c:ol~ ~ ~ ~ z ~ z ~ S ~ ~ ~ H1 ~ ~ ~ H1 ~ z c ; »=<! ~ ~ 0 m m -< ~;;C 0 < ^ ~ 0 :2: ^ .., m . :::;~ ~ ;;C Z ~ ~ Qo ;;C ~ ;;C m ~ ;;C ;;C f. .- ::' c. 3 Ordinance No. Page 13 EXHIBIT B Residential - SFD 1.00/DU Residential - MFD O.75/DU Commercial/Industrial 9.43/acre High School 0.08/student Junior Hi h School 0.08/student Elementar 0.06/student Park 1.89/acre CPF 9.43/acre gpd: gallon per day DU: dwelling unit CPF: community-purpose facility SFD: single-family dwelling MFD: multi-family dwelling Ordinance No. Page 1 ORDINANCE NO. AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 WHEREAS, developers of land within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's portion of the total cost of the public facilities; and, WHEREAS, all development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and, WHEREAS, the Salt Creek Sewer Basin (Gravity Basin) is that area of land within the City of Chula Vista and the County of San Diego ITom which wastewater will flow by gravity from Salt Creek into the Otay River Valley (which also includes the portion land referred to as the "Wolf Canyon Basin"). The Otay Lake Basins are those areas of land within the County of San Diego from which wastewater will flow by gravity into the Lower and Upper Otay Lake Reservoirs, a portion of which will be pumped into the Gravity Basin. These areas are shown on the map attached hereto as Exhibit "A", Salt Creek Sewer Study Map; and, WHEREAS, on December 6, 1994, the City Council of the City of Chula Vista adopted Ordinance No. 2617 establishing a Development Impact Fee to pay for sewer improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits; and WHEREAS, City Staff has prepared the Update to the Salt Creek Sewer Basin Plan ("Report") dated August 2004; and, WHEREAS, the Report has determined that new development within Upper and Lower Otay Lake and Salt Creek Basins, including the Wolf Canyon Basin will create adverse impacts on the City's existing sewer facilities-to wit, that there are no existing sewers which can serve gravity sewage flows expected to be generated ITom new development within these Basins-which must be mitigated by the financing and construction of certain sewer facilities identified in this ordinance; and, WHEREAS, said Report includes an estimate of ultimate sewer flows anticipated ITom the Otay Lake and Salt Creek Basins, recommends sewer facilities needed to transport these flows, including additional facilities known as Rock Mountain Road Trunk Sewer and Heritage /' "'--'1 ' :? ," ,;::;,' --------------- ------------- ------- Ordinance No. Page 2 Road Trunk Sewer and establishes a fee payable by persons obtaining building permits for developments within these basins benefiting ITom the construction of these facilities; and, WHEREAS, in April and July 2004 public meetings were held with the owners and developers of properties located within the Gravity Basin to discuss the Report and city staff recommendations for revising the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the updated development impact fee should go into effect immediately in order that all developers pay their fair share of the cost of the sewer improvements relating to the impacts caused by their development; and, WHEREAS, immediate implementation of the DIF update is necessary due to the current and immediate threat to public safety, which will result should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. WHEREAS, the City's Enviromnental Review Coordinator has reviewed the proposed activity for compliance with the California Enviromnental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although enviromnental review is not necessary at this time, enviromnental review has been completed for the Salt Creek Gravity Sewer Interceptor and will be required for the Wolf Canyon Trunk Sewers prior to the approval of final design plans and the awarding of the construction contract; and, WHEREAS, on August 17, 2004 a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and revising of the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Salt Creek, Wolf Canyon and Otay Lake Basins in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public facilities. / /) '1 de-.. ? - ¿:';) Ordinance No. Page 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Enviromnental Review. That the activity will have no significant enviromnental impacts, and therefore is not subject to the CEQA although enviromnental review will be required for the Wolf Canyon Trunk Sewers. SECTION 2. Finding of Urgency. That the City Council of the City of Chula Vista finds that it is necessary that its Salt Creek Development Impact Fee (DIP) be amended and go into effect immediately in order that all developers pay their fair share of the cost of the sewer relating to the impacts caused by their development. Immediate implementation of the DIF update is necessary due to the current and immediate threat to public safety, which will result, should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. This could result in the overloading of adjacent sewer systems, which could compromise the City's ability to serve the increasing population in the Eastern Territories. The prospect ofa deficit, overloading of adjacent sewer systems and concerns about an increased charge to remaining property owners constitutes a current and immediate thereat to the public health, welfare and safety justifying an immediate implementation of this fee. SECTION 3. Approval of Report. The City Council has independently reviewed the proposed Report herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, known as the Update to the Salt Creek Sewer Basin Plan, dated August 2004, a copy of which is on file in the office of the City Clerk and the City Engineer. SECTION 4. "Facilities". The facilities which are the subject matter of the fee herein established are fully described in the Report at page13, Table 2.4 thereof, and the locations at which they will be constructed are shown on Exhibit "A", Salt Creek Basin Sewer Study Map, which is included in the Report, all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program 12- -23(; - ---.~-- --- --------. ---~--~-----~--------- Ordinance No. Page 4 or to reflect changes in land development and estimated and actual wastewater flow. SECTION 5. Territory to Which Fee Is Applicable. The area of the City ofChula Vista to which the Fee herein established shall be applicable is set forth on Exhibit "A", and is generally described as the Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, Wolf Canyon Basin and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin, SECTION 6. Purpose. The purpose of this ordinance is to provide the necessary financing to cover the costs associated with and to construct the necessary facilities within the areas shown in Exhibit "A". SECTION 7. Establishment of Fee. A Development Impact Fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of a building permit for a development project within the Territory, is hereby established. SECTION 8. Due on Issuance of Building Permit. The Fee shall be paid in cash upon the issuance of a building permit. Early payment is not permitted. SECTION 9. Determination of Equivalent Dwelling Units. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDu. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit "B", EDU Conversion Factors For Financial Analysis, and is included as Table 5.1 in the Report. SECTION 10. Time to Determine Amount Due; Advance Payment Prohibited. The Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. J1~237 Ordinance No. Page 5 SECTION 11. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities and purchase of a maintenance vehicle, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Fee. SECTION 12. Amount of Fee; Amendment to the Master Fee Schedule. The Fee shall be calculated at the rate of $1,330 per EDu. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section C, which shall read as follows: "c. Salt Creek Sewer Basin Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No._, but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there are additional rules applicable to the imposition of the Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth in Exhibit "A" of the Salt Creek Basin Gravity Sewer Analysis dated November 1994, and is generally described as the Salt Creek Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, the Wolf Canyon Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. b. Rate per EDu. The Fee shall be calculated at the rate of $1 ,330 per EDU, which rate shall be adjusted from time to time by the City Council. /2-23t - ---- - -----------------~-------------------~---- Ordinance No. Page 6 c. EDU Calculation. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Table 5.1 of the Report d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council intends to review the amount of the Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. SECTION 13. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Fee shall be deposited into a public facility financing fund ("Salt Creek Sewer Basin Benefit Area Fee Fund", or alternatively herein "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 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. SECTION 14. Fee Additional to other Fees and Charges. 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. J ,) .. -j:;:;.,,:,; .' ¿,..",¡i.-.....-' Ordinance No. Page 7 SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Basin Plan to be constructed to accommodate the sewage flow generated by the development, the City may require the developer to install Facilities according to design specifications approved by the City. Such improvements shall have the size or capacity necessary to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall offer to reimburse the developer ITom the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent ofthe developer's obligation to pay the Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities III conjunction with the prosecution of a development project within the Territory, the City may, as part of the written agreement, grant credits against the Developer's obligation to pay the Fee, and may thereafter, use the proceeds of the Fund to reimburse the developer ITom the Fund either at the time the expenditures are incurred or over time as fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee, and in an amount agreed to in advance of their expenditure in writing by the City, The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 14 or 15 above shall be conditioned on the developer complying with the terms and conditions of this section: ! 2.- ',ii-in .. ..... /v -- ._-_._-----_._~.~-----~--- Ordinance No. Page 8 a. Written authorization shall be requested by the developer ITom the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the Work. b. The request for authorization shall contain the following information, and such other information as may ITom time to time be requested by the City: (I) Detailed descriptions ofthe Work with the preliminary cost estimate. c. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (I) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the Work; (3) Developer shall secure all required permits and enviromnental clearances necessary for construction ofthe project; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any ofthe costs and liabilities associated with the construction of the project. (7) The developer shall advance all necessary funds to design and construct the project. (8) 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. 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. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. /2 - 2~() Ordinance No. Page 9 (10) The agreement may provide that upon determination of satisfactory incremental completion of a Facility, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such costs until issuance by the City of a Notice of Completion. (11) the agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Fee for building permits to be applied for in the future. (12) 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 project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Fees required by this ordinance against the City's duty to reimburse the developer. (14) If, after offset if any, funds are due the developer under this section, the City shall reimburse the developer ITom the Fund either at the time the expenditures are incurred or over time as Fees are collected, at the option of the City, for eligible costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee; or the developer may waive reimbursement and use the amount due them as credit against future Development Impact Fee obligations. SECTION 18. Procedure for Fee Modification. 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 umelated to mitigation of the burdens of the development, may apply to the City Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10) days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of / /J .0-" L/ -c. I ¿.'",¿.. L- u -----------____--0'- --.--.-.------ Ordinance No. Page 10 the building permit application. The application shall state in detail the factual basis for the claim of modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt ITom the provisions of the Fee. SECTION 20. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation of the Fee attributable to the (Work Alternatively Financed). In this regard, the amount ofthe reimbursement shall be based in the costs included in the Basin Plan, as amended ITom time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. Expiration of this Ordinance. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 22. 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 bylaw after the effective date of this ordinance.. In accordance with Government Code Section 66020(d)(l), the ninety-day approval period to which parties may protest begin upon the effective date of this Ordinance. SECTION 23. Other Not Previously Defined Terms. I'" . "'/=< ¡..-j... --' Ordinance No. Page 11 For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, 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 as adopted by reference by this City. (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 Section 65927 and 65928 of the State Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. SECTION 24. Effective Date. This ordinance shall become effective immediately upon 4/5ths vote. Presented by Approved as to form by f~tL Jack Griffin Director of General Services J:\EngineerIAGENDA\Salt-Creek-DlF-URG-ORD _26l7-Strike Through Version.ac.doc Last printed 8/9/20041:16 PM ¡-¿ '¡¿¡If I ¡;;> I --.----.-.----.--.--------.- --------~ Ordinance No. Page 12 EXHIBIT A /2 Ordinance No. Page 13 EXHIBIT B gpd: SFD: gallon per day single-family dwelling DO: MFD: dwelling unit multi-family dwelling CPF: /2-2£/b 1.00/DU O.75/DU 9.43/acre O.OS/student O.OS/student O.O6/student l.S9/acre 9.43/acre community-purpose facility COUNCIL AGENDA STATEMENT ITEM: 2 MEETING DATE: 08/17/04 ITEM TITLE: Resolution of the City Council of the City of Chula Vista authorizing the creation of the Division of Energy Services, reporting to the City Manager's office, and the addition of one unclassified at-will position and appropriating funds therefor SUBMITTED BY: Ordinance of the City Council of the City of Chula Vista Amending Chula Vista Municipal Code Section 2.05.010 Relating to the EstabliShment. ofthe vnClaSSifirr~.:ifie ositions of Energy Services Manager Assistant City Manager MO~{ (4/5ths Vote: Yes...x.. No-> ~ City Manager REVIEWED BY: At its May 19, 2004 MEV Workshop and Council Meeting, the City Council listened to approximately five and one half hours of expert testimony and public input regarding the potential business models for development of a Chula Vista public utility. At the June IS, 2004 the City Council adopted an ordinance declaring the Chula Vista MEV (established on June 5, 2001, by Ordinance No. 2835) a Community Choice Aggregator (CCA), and directed staff to further consider the MEV Feasibility Study Consultants' recommendations to implement selected MEV business models. As Council was informed at its June 15th meeting, staff is returning with a budget and staffing plan to better address the energy service and delivery issues that are currently being addressed by the City Council and the City of Chula Vista. The purpose of this agenda statement is to provide budget and staffing recommendations to the City Council for the implementation of the City's Energy Strategy and Action Plan, oversight of California Public Utility Commission (CPUC) monitoring and testimony and implementation of the approved recommendations for implementation of the Municipal Energy Utility (MEU) business model recommendations, including but not limited to Community Choice Aggregation and Greenfield development. RECOMMENDATION: That the City Council I) Adopt the proposed Resolution identifYing energy issues as a critical priority of the City Council and approve the necessary staffing and appropriation of funds to monitor energy issues locally and before the CPUC. 2) Adopt the proposed Ordinance amending the existing City organization to create a Division of Energy Services. /..2.-/ , -..J . Page 2 3) Adopt the proposed Ordinance amending the approved City budget and staffing plan to authorize the addition of one unclassified, at-will executive manager, one unclassified, at 4) will senior manager and one Senior Administrative Secretary as the initial staffing for the Division of Energy Services. 5) Approve the proposed budget for the Division of Energy Services in the amount of $218,316. DISCUSSION: The City Council has been actively involved in energy issues for a number of years, but especially since the late 1990s, which culminated in the adoption of the City's Energy Strategy and Action Plan - adopted in May 2001. Recently the MEU report, the Peer Review and the Ratepayer Advocate Reviews clearly identified various municipal utility business models that will be financially beneficial over the eighteen-year study period. In addition, the MEU report identified the following benefits that staff believes are consistent with, and equally important to, the Council's Energy Strategy and Action Plan: 1 I ~ j Î ~ "! f ~; ,I . Establish a local Municipal Utility structure for which its only focus is on service and delivering value to the community, not profit to shareholders. Establish a local Municipal Utility that is accountable to local ratepayers, not shareholders, state and federal regulators. Establish reliable electricity, and under certain circumstances, natural gas supply that reduces or eliminates scheduled brown outs and maintains the highest level of customer service. Stabilize consumer rates. Establish land use guidelines for power lines and utility boxes that put local quality of life issues first. Enhanced Control of Local Public Goods Funds to: 0 Ensure an environmental advantage for City residents and businesses, 0 Invest the $3,000,000 already collected from Chula Vista ratepayers each year to produce real savings for current rate payers, 0 Establish better incentives for existing residents and businesses to invest in conservation and clean generation options, and 0 Invest in a more environmentally sustainable energy future based on renewable sources that do not use fossil fuels. Invest in medium and long-term energy procurement and power generation strategies that reflect the City's commitment to a sustainable environment and cleaner air including: 0 CO2 reduction, 0 The prevention of global warming, and 0 Particulate reduction. . . . . . . ~ ~ . Page 3 . Investment in energy procurement and generation, infrastructure and operational services that maintain existing jobs and create new quality jobs for local residents. . Enable the utilization of the MEU as an economic development tool to retain and attract businesses: 0 Establish better incentives that encourage developers to reduce costs through increased investment in conservation, energy efficiency and clean generation. Generate new city revenues at no increased cost to ratepayers: 0 Equitably invest new revenues generated from an MEU business throughout the City in the form of enhanced existing services and/or new services. Enhance Chula Vista's vision to continue as a vibrant community in the region and a leader in environmental stewardship. Provide the Council with the greatest opportunity to develop and incorporate economically viable and local renewable resources in the City's energy portfolio. . . . The action before Council tonight is the next step in the execution of the City Council's energy program. DIVISION OF ENERGY SERVICES Over the past two years, Council has directed that staff actively participate in energy related matters. These activities are currently administered by an energy team comprised of the Assistant City Manager, the Director of Conservation and Environmental Services, the Environmental Resource Manager, an Assistant City Attorney and outside counsel/consultants. Energy issues that have been addressed include, but are not limited to: 0 Implementation of the Energy Strategy and Action Plan, 0 Participation in workshops and proceedings before the CPUC, 0 Preparation of an MEU report to identifY various energy business models for consideration by the City Council, 0 Identification and implementation of energy conservation measures, 0 Participation in local, regional and statewide energy studies, councils, and joint power authorities including staff presence at the SANDAG Energy Working Group and coordination with the San Diego Regional Energy Office, and 0 Taking a leadership role on energy issues impacting Chula Vista and the San Diego region: 0 Intervention on behalf of Chula Vista residents, as well as the residents of San Diego County, on matters pertaining to energy rates, long-term planning for energy infrastructure and its impact on the City of Chula Vista, 0 Intervene independently,'and through cooperation with other cities, counties and agencies, to jointly promote "just and reasonable" implementation rules pertaining to CCA, and 0 Intervene on Transmission issues to mitigate the impact of proposed additional transmission lines on Chula Vista residents. I..) :.? /....) - ) Page 4 The above, and more, have been accomplished through the use of existing staff and numerous energy consultants. The impact on existing staff has been significant and has drained department resources, particularly in the Department of Conservation and Environmental Services, to the extent that their primary functions are not being addressed. Council directed that staff return with an energy staffing plan that provides the necessary resources to implement the recommendations of the MEU study, continue the work programs already identified above, as well as insure that the City of Chula Vista maintains a leadership role regarding energy issues in San Diego county. Staff is recommending that the City Council amend the adopted budget to create a Division of Energy Services (DES), reporting to the City Manager's Office, but that the Division's proposed staffing and the budget be "phased" to reflect the escalation of energy activities being addressed by the City. Given Council's direction to remain involved in energy issues, notwithstanding the outcorne of Greenfields and CCA, this approach offers the City the flexibility to respond to the existing programs and priorities identified by the City Council and yet, not add staff until required to respond to new energy initiatives. Assistant City Manager Sid Morris will continue the lead role in this assignment until the rules and regulations of CCA become more certain. When the final CCA rules and regulations are adopted, staff will return to the City Council with an updated staffing needs analysis. However, the proposed Energy Services Manager position would be hired immediately. This will require the current energy team to continue to provide support on energy issues. Finally, the proposed budget also includes $100,000 in funding for transmission and other technical experts necessary to implement the City Council's energy direction and effect the positive outcome of matters pending before the CPUC and legislature. Staff will attempt to obtain the clerical support for this activity within existing resources. (Attachment 1 outlines the proposed FY 2005 Budget recommendations.) I j WORK PROGRAM The following recommends the proposed work program for the DES: I I ~ ~ I ~ 0 Implementation of the Energy Strategy and Action Plan in a manner consistent with the identified benefits listed on page 2 of this agenda statement. 0 Development of a draft CCA implementation plan for submittal to the CPUC, 0 Coordination of Community meetings to receive public input regarding CCA implementation. 0 Prepare and submit findings and necessary reports to the local and state energy agencies pertaining to the implementations of CCA and/or other related energy service issues. 0 Development and distribution of a Request for Proposals for Greenfield Development. "! /.) /v Page 5 0 Coordinate discussions with the affected parties/stakeholders for Greenfield development. 0 Actively represent Chula Vista ratepayers' interests in workshops, hearings and proceedings before the CPUC, California Energy Commission and legislature by addressing the energy program objectives re-stated in this agenda statement. 0 Continued participation on the SANDAG Energy Working Group and activities sponsored by the San Diego Regional Energy Office. 0 Assistance to the Department of Conservation and Environmental Services in applications to the CPUC for funding, administration and implementation of Public Purpose Programs. 0 Continued testimony before the CPUC regarding CCA implementation and/or other energy service options. 0 Engage the Governor's Office, and return to the City Council with a recommendation(s) regarding the photovoltaic (solar) program for: "A Billion Dollar Initiative for One Million Homes". As appropriate, support the proposal and insure that Chula Vista is in a priority position to implement the initiative. 0 Evaluate the feasibility of pursuing a "solar initiative" to finance and promote the development oflocal renewable resources. FISCAL IMPACT The fiscal impact resulting from the addition of the Energy Services Manager for the remainder of FY 2005 is $218,316 and is funded from the unappropriated balance of the General Fund. The ongoing cost for the DES is anticipated to be $243,859. j -- ç;~ Attachment I Division of Energy Services: FY 2005 proposed budget Staff: Energy Services Manager $ 102,666 Personnel $ 102,666 Ongoing Supplies and Services $ 104,350 Ongoing* Equipment $ 11,300 One time Total $ 218,316 *The Supplies and Services Accounts include the cost of Lobbying and Technical experts in the amount of$100,000. Although this expense is noted as on going, the actual number will be a variable each year depending on the consultant and technical expertise required. j ~ ~ ~ i I ., 'j I , t , , ".. RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CREATION OF THE DIVISION OF ENERGY SERVICES, THE ADDITION OF AN UNCLASSIFIED, AT-WILL POSITION AND APPROPRIATING FUNDS THEREFOR WHEREAS, At the June 15, 2004 the City Council adopted an ordinance declaring the Chula Vista MEU (established on June 5, 2001, by Ordinance No. 2835) a Community Choice Aggregator (CCA), and directed staff to further consider the MEU Feasibility Study Consultants' recommendations to implement selected MEU business models; and WHEREAS, the City Council directed that staff return with a budget and staffing plan to better address the energy service and delivery issues that are currently being addressed by the City Council and the City of Chula Vista; and WHEREAS, staff is recommending that the City Council amend the existing budget to create a Division of Energy Services (DES), reporting to the City Manager's Office; and WHEREAS, the Energy Services Manager will be hired initially. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby amend the FY 2005 budget and authorize the creation of the Division of Energy Services and the addition of one at-will, unclassified position, an Energy Services Manager, and appropriate funds as required. ;;j~~ I orrIS, sslstant Ity anager Approved as to form by: C¿~6£A úJ. IJ¿J( p, Ann Moore, City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of August, 2004, by the following vote: AYES: Councilmembers: NAYS: Councilmembers: ABSENT: Councilmembers: ORDINANCE NO. - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF ONE UNCLASSIFIED, AT-WILL POSITION TO ADD THE POSITION OF ENERGY SERVICES MANAGER WHEREAS, the City Council has adopted a resolution approving the addition of one unclassified, at-will, senior manager position to the City Manager's Office; and WHEREAS, Charter Section 500(a) requires that all new unclassified, management level positions be adopted by ordinance and a four-fifths vote ofthe Council. NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION I: Section 2.05.010 of the Chula Vista Municipal Code relating to the establishment of unclassified position is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the city, there are established the unclassified positions entitled deputy city manager, administrative services manager, deputy fire chief, assistant fire chief, assistant chief of police, assistant director of [mance, assistant director of budget and analysis, fiscal operations manager, funds development strategic planning manager, purchasing agent, treasury manager, assistant director of human resources, director of employee development, risk manager, assistant director of public works and operations, assistant director of building and housing, deputy building official, building services manager, building and park construction manager, parks and open space manager, assistant director of recreation, housing coordinator, real property manager, transit coordinator, assistant director of community development, community relations manager, western Chula Vista development manager, traffic engineer, deputy director of engineering, assistant library director, chief learning officer, director of communications, police captain, director of conservation and environmental services, deputy director of planning, assistant director of planning, special planning projects manager, general plan project manager, chief of staff, constituent services manager, community liaison (assigned to the office of the mayor and city council), California border alliance group deputy executive director, California border alliance group budget manager, California border alliance group meth strike force coordinator, California border alliance group network administrator, California border alliance group operations/intelligence coordinator, California border alliance group program manager, California border alliance group program analyst, California border alliance group management assistant, California border alliance group network assistant, regional computer forensic laboratory network engineer, California border alliance group executive assistant, and Energy Services Manager. SECTION II: This ordinance shall take effect and be in full force and effect 30 days after its second reading and adoption. ...), -.'" Ordinance Page 2 Submitted by: Approved as to form by: ¿' C)JthL.f( t~ Ann Moore, City Attorney /::5 '1 I foiiJ1 '-"'- . V. CONCLUSIONS AND RECOMMENDATIONS 3. Combined CCA and Greenfield Development r· ~ The detailed economic and financial analysis performed by the MEU Study Team demonstrates that the City can obtain the greatest potential benefit in the short term by forming a CCA and simultaneously pursuing Greenfield project j c.-'?Pportunities. Under the most beneficial option, the City would build or otherwise gain entitlement to a generation project (130 MW) within the City to supply the combined CCNGreenfield loads. The CCA program would give the City the operational scale required to effectively source electricity for the CCA and Greenfield customers and successfully compete with the electric supply portfolio of SDG&E. In implementing the combination of CCA and Greenfield projects, the City can capture the benefits of CCA in areas where there is presently an SDG&E distribution inftastructure and realize commensurate savings on the electric energy component for Greenfield areas, thus significantly increasing the cost effectiveness of the Greenfield projects. Administration of the combined CCA and Greenfield Projects would be consolidated under a single City Staff (Municipal Electric Department). In the combined CCNGreenfield scenario, the City would implement a City-wide CCA program concurrent with efforts to begin distribution utility operations in Greenfield development areas. The City would supply electricity to all electric customers within the City and distribute electricity to electric customers within the Greenfield development areas. For non-Greenfield areas, the City would produce or provide electric supply for its CCA customers and SDG&E would continue to deliver the electricity to end-use customers over its distribution facilities. The City's CCA customers would pay SDG&E the retail rate for non-generation (transmission and distribution) services as they do today and would receive a generation credit for electric power provided by the City under the CCA program. SDG&E would continue to perform metering and billing services for end-use CCA customers. For Greenfield areas, the City would take wholesale transmission service from SDG&E or the CAISO, and its customers in Greenfield development areas would no longer pay SDG&E retail rates. The City would take transmission service from SDG&E under its WDA T for the Greenfield development loads at transmission rates to be determined based on the SDG&E facilities actually used to provide this service. Consumers in the Greenfield areas would receive a power credit for electric power purchased or produced by the City. As discussed above, the implementation of a CCA program is complicated by the fact that the CPUC has not issued rules and regulations for implementation of CCA programs. This complication would also be applicable to the CCA/Greenfield combination and may delay the immediate implementation of the CCA option. 160 .1. IV. EVALUATION OF CllliLA VISTA'S MEU OPTIONS COMBINED CCNGREENFIELD Pro Forma Summary and Projected Savings - Combined CCA/Greenfield Contracts Supply Strategy (Millions of Dollars Per Year) Year Commodity Ancillary Transmission Non- Distribution Distribution Fr.mchise Total SDG&E Savings Costs ServicesllSO & bypassable Capital O&M Feesffaxes Costs Charges Costs Scheduling: ChafJires 2006 49.7 4.2 4.7 10.6 1.3 1.2 0.1 71.9 78.9 7.1 2007 50.8 4.3 4.8 10.0 1.6 1.5 0.1 73.2 79.1 5.9 2008 52.2 45 4.9 8.4 1.8 1.8 0.1 73.8 78.8 5.0 2009 54.1 4.8 5.1 9.4 2.0 2.1 0.1 77.6 83.0 5.4 2010 57.8 5.4 5.6 11.0 2.3 2.4 0.1 84.7 90.1 55 2011 60.3 5.6 5.7 11.6 2.4 2.6 0.1 88.3 85.6 (2.7) 2012 61.7 5.8 5.8 12.6 2.4 2.7 0.1 91.2 89.4 (1.8) 2013 62.9 6.1 5.9 13.0 25 2.9 0.1 93.3 93.8 0.4 2014 64.8 6.4 6.1 13.3 2.6 3.1 0.1 96.4 100.0 3.6 2015 69.8 7.2 6.8 145 2.7 3.3 0.1 104.4 112.4 8.0 2016 72.6 7.6 6.9 14.8 2.8 3.4 0.1 108.3 117.2 8.9 2017 74.0 7.8 7.0 15.1 2.9 3.6 0.1 110.6 122.2 11.6 2018 75.5 8.2 7.2 15.4 2.9 3.8 0.1 113.2 127.3 14.2 2019 76.7 8.6 7.3 15.8 3.0 4.0 0.1 1155 133.3 17.8 2020 79.8 9.1 7.7 16.4 3.1 4.2 0.1 120.4 141.1 20.7 2021 85.0 9.4 7.8 16.6 3.1 4.3 0.1 126.4 146.1 19.8 2022 85.9 9.8 7.9 16.8 3.1 4.5 0.1 128.2 148.1 19.9 2023 86.8 10.0 8.0 11.3 3.1 4.6 0.1 124.1 144.5 20.4 Pro forma detail for the CCNGreenfield option is located in the accompanying Appendix C, Section II.I at 93-96. 94 2 IV. EVALUATION OF CHULA VISTA'S MEU OPTIONS CCA Pro Forma Summary and Projected Savings - CCA Contracts Supply Strategy (Millions of Dollars Per Year) Year Commodity Ancillary Operations & Non- Total SDG&E Savings Costs Services/ISO Scheduling bypassable Costs Charges Costs Charges 2006 49.6 3.9 4.2 9.8 67.5 73.9 6.3 2007 50.8 4.0 4.2 9.1 68.2 73.4 5.3 2008 52.2 4.3 4.3 7.8 68.5 73.0 45 2009 54.1 4.5 4.4 8.7 71.6 76.2 4.6 2010 57.1 4.8 45 9.9 76.3 81.1 4.8 2011 60.2 5.0 45 10.5 80.2 75.7 (4.5) 2012 61.7 5.2 4.6 11.5 83.0 78.8 (4.2) 2013 62.9 5.4 4.6 11.8 84.7 82.4 (2.4) 2014 65.0 5.7 4.7 12.0 87.4 87.0 (0.4) 2015 69.4 6.1 4.9 12.9 93.3 95.5 2.2 2016 72.5 6.5 5.0 13.1 97.1 99.6 2.4 2017 73.9 6.7 5.0 13.3 99.0 103.7 4.7 2018 75.4 7.0 5.1 13.6 101.1 108.1 7.0 2019 76.6 7.3 5.1 13.9 102.9 113.0 10.1 2020 78.3 7.6 5.2 14.3 105.5 119.1 13.6 2021 85.3 7.9 5.3 14.5 112.9 123.5 10.6 2022 86.2 8.2 5.3 14.6 114.4 125.1 10.7 2023 87.1 8.4 5.4 9.1 110.1 121.0 11.0 53 3 Pro Forma Summary and Profected Savings - Combined CCAlGreenfield Contracts Supply Strategy Year Commodity InvestmentlCost Savings/Profit ROI Costs 2006 49.7 $71,900,000.00 $7,100,000.00 9.87% 2007 50.8 $73,200,000.00 $5,900,000.00 8.06% 2008 52.2 $73,800,000.00 $5,000,000.00 6.78% 2009 54.1 $77,600,000.00 $5,400.000.00 6.96% 2010 57.8 $84,700,000.00 $5,500,000.00 6.49% 2011 60.3 $88,300,000.00 -$2.700,000.00 -3.06% 2012 61.7 $91,200.000.00 -$1.800.000.00 -1.97% 2013 62.9 $93.300,000.00 $400,000.00 0.43% 2014 648 $96,400.000.00 $3.600,000.00 3.73% 2015 69.8 $104,400.000.00 $8,000,000.00 7.66% p6,4oo,000.00 4.50% If- Increase in Tax Revenue Value of Land Value of Land Total Taxable Property Tax After After Phase 2 of After Phase 3 of Value after After Redevelopem Redevelooment Redevelooment Redevelooment Redevelooement ent Ten Redevelopment Developement Redevelopment Share of Tax Incentive Paid to Ten Year Tax Projects Over Increment of 65% Develooer Rev. Ten Years ARR Redevelopment Analysis W/Gateway as Model Assesed Value of Land Before Develo ment $ 5,000,000 Value of Land After Phase 1 of Redevelo ment $ 40,000,000 Tax Rate Tax Rev. Before Develo ment 1.033% $ 51,650.00 $ 50,000,000 $ 60,000,000 $ 150,000,000 $ 1,549,500 $ 973,603 $ 7,000,000 $ 9,736,025 $ 97,360,250 1,497,850 13.91% 5 COUNCIL AGENDA STATEMENT ITEM:~ MEETING DATE: 08/17704 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED, AT-WILL POSITION TO THE CITY CLERK'S DEPARTMENT AND APPROPRIATING FUNDS THEREFOR ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF ASSISTANT TO THE CITY CLERK J? SUBMITTED BY: Susan Bigelow, MMC, City Clerk Adoption of the resolution and ordinance approves the reorganization of the City Clerk's Department to successfully carry out the department's current and long-term work programs and goals, authorizes the addition of a new unclassified, at-will position of Assistant to the City Clerk, and appropriates funds therefor. Chula Vista Charter Section 500 requires that all unclassified positions not mentioned specifically in the section be added by ordinance. RECOMMENDATION: Council adopt the resolution and place the ordinance on first reading 4/5THS VOTE REQUIRED: ~Yes DNo DISCUSSION: The rapid development of Chula Vista and growth in the City organization, as well as increased services provided by the department, have significantly increased the workload of the City Clerk's Office. The addition of an Assistant to the City Clerk position would enable the department to maintain current services while accomplishing needs of the department not currently being met, such as: . Revitalization of the records management program, including a citywide update of the records retention schedules. . Citywide training on California Public Records Act requirements and the document imaging program. . A manual and training for Board and Commission secretaries. . Municipal Code and Council Policy Manual reviews and updates to correct omissions and references to obsolete sections. . An Agenda Process Manual and citywide training. . Implementation of and citywide training on new software for more efficient agenda and agenda report management. . A detailed City Clerk Procedures Manual. . Possible implementation of new services, such as passports, to benefit our customers and perhaps generate revenue for the City. It¡ . -f ~ ~_...~-_._~~__n~___~_.~- Many of the current, key responsibilities of the City Clerk would be distributed to the new Assistant to the City Clerk in order to give the City Clerk the ability to focus on the above needs. Among other duties, the new Assistant to the City Clerk would . Serve as filing officer for campaign finance reports and conflict of interest statements. . Perform the mandated review of all statements filed with the City Clerk's Office. . Assist in preparing candidate materials and performing election-related duties . Review Council, Redevelopment Agency, Housing Authority and Public Financing Authority minutes, resolutions and ordinances to ensure accuracy. . Assist in establishing the passport services program, should it be implemented in the future. The new Assistant to the City Clerk would also absorb some of the duties of other City Clerk staff in order to (1) maintain the department's high standards of productivity and efficiency and (2) reduce staff's extra heavy workloads. Due to the proposed scope and complexity of duties to be performed by the new Assistant to the City Clerk, it is critical that the person selected for the position have extensive City Clerk experience and be familiar with current legal requirements with respect to elections, campaign finance reform, statements of economic interests, and public records. While the idea of adding this position has been under consideration and discussion for some time, it was not brought forward during the regular budget approval period because of the perceived difficulty in finding someone with the necessary experience willing to fill an assistant position. It is brought forward at this time because of the very recent (after budget approval) availability of a San Diego-region, certified City Clerk who has expressed an interest in such a position. The prospect of adding her to the team has been wholeheartedly welcomed by City Clerk staff. Based upon current and projected workloads, it is recommended that the department add one mid-management, at-will Assistant to the City Clerk position at an initial salary of $85,399, equivalent to the E step salary of the Intergovermnental Affairs Coordinator. FISCAL IMPACT: The fiscal impact resulting from the addition of the new position for FY 2005 is $104,770, to be funded ITom unallocated reserves of the General Fund. The ongoing cost is $121,067. Since ongoing resources have not yet been identified to fund this ongoing expense, approval of this action may require offsetting budget reductions in future years. -2- RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED, AT-WILL POSITION TO THE CITY CLERK'S DEPARTMENT AND APPROPRIATING FUNDS THEREFOR WHEREAS, the rapid development of Chula Vista and growth in the City organization, as well as increased services provided by the department, have significantly increased the workload of the City Clerk's Office; and WHEREAS, the addition of an unclassified, at-will, mid-management position of Assistant to the City Clerk will enable the department to maintain current services, as well as bring critical talent to allow the City Clerk to focus on and successfully accomplish significant projects of benefit to the City and accomplish unmet needs of the City Clerk's Office. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the addition of an Assistant to the City Clerk position to the City Clerk's Office and appropriate funds therefor. Presented by: Approved as to form by: 2>~~~1\ Susan Bigelow, MMC, City Clerk Ann Moore, City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of July, 2004, by the following vote: AYES: Councihnembers: NAYS: Councilmembers: ABSENT: Councihnembers: Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, MMC, City Clerk ;-r-3 ORDINANCE NO. - ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF ASSISTANT TO THE CITY CLERK WHEREAS, the City Council has adopted a resolution approving the addition of an unclassified, at-will, mid-management position to the City Clerk's Office; and WHEREAS, Charter Section 500(a) requires that all new unclassified, management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: Section 2.05.010 of the Chula Vista Municipal Code relating to the establishment of unclassified position is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the city, there are established the unclassified positions entitled deputy city manager, administrative services manager, deputy fire chief, assistant fire chief, assistant chief of police, assistant director of finance, assistant director of budget and analysis, fiscal operations manager, funds development strategic planning manager, purchasing agent, treasury manager, assistant director of human resources, director of employee development, risk manager, assistant director of public works and operations, assistant director of building and housing, deputy building official, building services manager, building and park construction manager, parks and open space manager, assistant director of recreation, housing coordinator, real property manager, transit coordinator, assistant director of community development, community relations manager, west= Chula Vista development manager, traffic engineer, deputy director of engineering, assistant library director, chief learning officer, director of communications, police captain, director of conservation and enviromnental services, deputy director of planning, assistant director of planning, special planning projects manager, general plan project manager, chief of staff, constituent services manager, community liaison (assigned to the office of the mayor and city council), California border alliance group deputy executive director, California border alliance group budget manager, California border alliance group meth strike force coordinator, California border alliance group network administrator, California border alliance group operati ons/ inte lligenc e coordinator, California border alliance group program manager, California border alliance group program analyst, California border alliance group management assistant, California border alliance group network assistant, regional computer forensic laboratory network engineer, California border alliance group executive assistant, and Assistant to the CitY Clerk. SECTION II: This ordinance shall take effect and be in full force and effect 30 days after its second reading and adoption. Submitted by: Approved as to form by: ~~'\~~ Susan Bigelow, MMC, City Clerk Ann Moore, City Attorney N-tí COUNCIL AGENDA STATEMENT Item D:; Meeting Date 8/17/04 ITEM TITLE: Report on Chula Vista Transit (CVT) Bus Paint Scheme SUBMITTED BY: Director of Public Works operation~ REVIEWED BY: C" M CJ-.¿ lty anager[l D' (4/5ths Vote: Yes_No--X-...l With the City's Transit system's expected delivery of six (6) new mid-size, low-floor, Compressed Natural Gas (CNG) buses and the Metropolitan Transit System Board's adoption of a new bus graphic design and logo, Council may want to consider a change to the existing paint scheme, beginning with these six (6) buses. RECOMMENDATION: That Council: 1. Accept this report; and 2. Consider Transit staff's recommendation of Option No.1, since it would be 10-12 years before CVT would have another chance to achieve one uniform design theme again. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: On July 20, 1999, Council approved a revised paint scheme for the new CVT, 40-foot, CNG buses. This graphic design was consistent with the regional design approved by the Metropolitan Transit Development Board (MTS) at that time. Since CVT was to receive delivery of25 new CNG buses over a period of two years, it was an ideal time for Council to make a design change and move away ITom the older maroon colored bus design. This design (Attachment No.1) allowed local transit operators to maintain their system's name and to choose the specific stripe colors in order to maintain their local identity. Transit staff has continued with this direction and has repainted three older buses in this paint scheme as well. We currently have a total of 28 buses with the approved design out of a fleet total of35. The City is currently on line to receive six (6) new Mid-size, CNG buses (Attachment No.2). These buses will replace the last of the maroon buses. If the City continues with the current Council approved graphic design, CVT's goal of a uniform looking fleet will be achieved for the first time in four years. Recently the MTS Board approved a new regional bus graphic design (Attachment No.3) that departs ITom the one approved back in 1999. The MTS Board's goal is to achieve a regional appearance, uniformity and branding. ;(".- I Page 2, Item~ Meeting Date 8/17/04 Graphic Design Options and Points for Council's Information and Consideration: Transit staff recognizes that CVT is part of the MTS family. This new MTS design presents a new opportunity for Council to decide on the future look of the City's Transit fleet. The following options are provided for Council to consider: 1. Continue with current graphic design and paint colors for this new order of six (6) buses (Attachment No.4) - This would create one uniform CVT fleet look and identity in a growing City with a 32 year history of providing transit services under CVT. Continues to provide a clear distinction between CVT and regional buses, reducing rider confusion where CVT and Regional routes share service segments. A prominent display of the new MTS logo can be added to the new buses to help promote the new MTS image (Attachment 4). This option will allow Council the opportunity to reconsider the new MTS graphic design for the CVT fleet when the 2000 and 2001 model buses are scheduled to be replaced in 10-12 years. At that time over 70% of the fleet will be ready for replacement. This would be the ideal time, like in 1999, for Council to consider a change to the new MTS design. 2. Adopt the new MTS graphic design (Attachment No.5) - Start CVT on the route to a regional transit system look. If this option is chosen, Transit staff suggests the addition of graphics identifYing "Chula Vista Transit" as shown. This option would incorporate CVT into the regional look and allow for the City's continued identification. Design would be applied only to new vehicle acquisitions. Current regional transit financial status does not permit the repainting of current fleet; consequently, the City's transit services would be provided with two significantly different looking fleets. It would be 10-12 years before CVT would have another chance to achieve one uniform design theme again. Transit staff foresees an increase in operating costs due implementing two different design schemes and the complexity of design and material requirements of the new MTS graphic design. FISCAL IMP ACT: No City of Chula Vista General Fund contributions. Regional Transportation Development Act moneys fund the operations and maintenance ofCVT. Any cost increases due to the implementation of a new design would be made up by decreasing expenditures in other budget line items. H:\Public Works OperationslAl13's 200SIAI13 Report 00 Chota Vista Transit (CVT) Paint Scheme.doc !/ -" . ~ \ - \ --.-.1 --- N 0 ~0 Z ø= ë ~m ø ~~ E ~z ~ WU u - ~ ~O ~ ~M 0 ~ ~ Z 0 -a E 0 c iü ,.... I p-' -~~ --~- ---- ._---------~---- ~~' ""',. nl'"-\ ~",,- -~\ ï '\" '--~~T:C;,___n . '"" ,\ wc- t '1-< - I ~ ,-, If . - " '. ~ .. ~ , '--'" . ~..' i'.d. , f., .j :1 . :¡ """",;',!, - 'I J ;r=.~~'~i'~! iL--'.~. .'!~.. \ \ I \ \ \ - ,Ii , " ~'I"-;'~'î,,'~ . ~2t\ '\ ~ '; .,..,"'......m... .','. . ,,~ . , 'L ~ -'c' '. . y~ -- ,,- I \ , :" '7' I, . . . :; - " :: CITY OF CHULA VISTA MAYOR/COUNCIL Mem.o To: Lomúne Bennett, Deputy City Clerk From; Anne L. Harrison, Constituent Services Manager Date: 7/28/2004 Re: Appointments to the Youth Commission Mayor. Stephen Padilla would like to recommend the following students to fill two slots on the Youth Commission: John Tessitore (Bonita Vista Middle School) Chelsea Rodriguez (Hilltop Middle Schoo~ Please place this on the August 10 2004 Council agenda for ratification. If you have any questions, please contact me at x5812. Thank you for your assistance. ~f/~ C>k , Anne L. Harrison ~ ì -(~ -°1 Constituent Services Manager 7þf/Ø4 - :/,{e ~æ.-Me/1h~ .slvc:len-Þ c;IÐ /JPI-CUI'æ-n/-ty æ.-Æ en 7 dt a/ q t1.í;/90 -¥ 7"'é (¡ . CV1 d" q I1Z cAtd<1' Ø}~ ~d~. ~ 1 (7 A - (