Loading...
HomeMy WebLinkAboutAgenda Packet 1999/04/13 ". declare under pen~itjl of perjury that I a'" employed by t:-¡e Ci~:J oJ G¡'1J~tj V~s!.a ,n the Office of t;)e Ci-~:/;.;:...~(\ :.-,;1~¡ F>~1',~ ¡ )-:J'':;'0d this AgendalNotiG8 ell t;,e 3uiietin Ðoard at the Public ~,-rv¡¡::es Bu' din:'( a&~. ran on Tuesday, April 13, 1999 DATED. ¥/;/.9<J SIGNED ~."Counc¡]Chambers 6:00 p.m. / Public Services Building (immediately following the City Council Meeting) CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by law to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length oftime taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. 1. CONFERENCE WITH LEGAL COUNSEL REGARDING: . Existing litigation pursuant to Government Code Section 54956.9(a) 1. Graceffa v. City ofChula Vista. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION AGENDA "I declare tmder penalty 01 perJury that I am employed by the City of Chula Vista in the April 13, 1999 Office of the City Clor!, and that I posted 6:00 p.m. this Agenda/Notice on the Bulletin Board at CALL TO ORDER the Public er ices Building and at City. Halon DATED, :l, SIGNED .. 1. ROLL CALL: Councilmember avis, Moot, Pad a, Sa , and Mayor Horton. 2. PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE 3. APPROVAL OF MINUTES of March 23, 1999 (Regular Meeting of the City Council) and March 29, 1999 (Joint Meeting of the City Council/Growth Management Oversight Commission/Planning Commission). 4. SPECIAL ORDERS OF THE DAY A. Oath of Office: Jose A. Lopez - Safety Commission. B. Employee Recognition Award of the Month - Cathy Miller, Juvenile Division Secretary, and Pamela Powers, Community Service Officer, Police Department. Proclamations will be presented by Mayor Horton. C. Proclaiming April as "Spring Clean Your Closet Month." Mayor Horton will present the proclamation to Sylvia McKinney, Executive Director of Suits You San Diego. D. Terry Thomas will discuss the upcoming trip to Odawara, membership in the Friends of Odawara, and Friends ofIrapuato. CONSENT CALENDAR (Items 5 through 18) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that the item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS A. Letter ITom the City Attorney stating that the City Council did not meet in Closed Session on March 23, 1999. Staff recommendation: The letter be received and filed. B. Letter ITom Barry A Russell, Ph.D., Cultural Arts Commission Member, requesting funding to support the Seventh Chula Vista Classical Music Competition on May 22, 1999. Agenda 2 April 13, 1999 Staff recommendation: That Council fund the request for $500 for this year's event. In fiscal year 1999/2000 the music competition will be incorporated into the Library and Recreation's budget for cultural arts. c. Letters of resignation from the Human Relations Commission - Maria N. Perman; Board of Ethics - Richard D. Schulman; and Housing Advisory Commission - Margaret Helton. Staff recommendation: The resignations be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library 6. RESOLUTION 19385, ADOPTING PROPOSED COUNCIL POLICY ON USE OF CITY OF CHULA VISTA DISCLOSURE FORM (CONTINUED FROM MARCH 16,1999) Council recently voted to amend Municipal Code Section 2.52.040, redefining the term "contribution." During that discussion reference was made tot he "City of Chula Vista Disclosure Statement" form. This is a form the applicant or contractor for a project completes prior to any discretionary action being taken on their project. The Attorney's Office was requested to review the form and return to Council with a revised form incorporating the recent changes to the City's definition of campaign contribution. Staff recommendation: Continue to April 27, 1999. (City Attorney) 7. RESOLUTION 19413, AMENDING THE FISCAL YEAR 1998/99 BUDGET FOR THE CITY CLERK'S OFFICE BY APPROPRIATING $20,000 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND TO THE CITY CLERK'S BUDGET; AND DIRECTING STAFF TO ENTER INTO A CONTRACT WITH CODE PUBLISHING, INC. FOR MUNICIPAL CODIFICATION SERVICES IN AN AMOUNT NOT TO EXCEED $20,000 (4/5TH'S VOTE REQUIRED) On November 10, 1998, the City issued Request for Proposals Number 6-98/99 to update and maintain the Municipal Code. Services are to scan, reformat and digitize the Code, proorread the revised Code, supplement the Code with ordinances and graphics adopted since the last update, provide the City with both paper and computer (CD) versions of the new Code, and provide quarterly supplements in the future, in both paper and computerized form, in order to keep the Code as current as possible at all times. Staff recommendation: Council adopt the resolution. (City Clerk) 8. RESOLUTION 19414, APPROVING AN AMENDMENT TO THE UNISYS COMPUTER AIDED DISPATCH CONTRACT SUBSTITUTING MAINTENANCE SERVICES FOR ADDITIONAL HARDWARE, SOFTWARE AND SERVICES This is to amend the Unisys CAD contract to offset maintenance services with additional computers. Staff recommendation: Council adopt the resolution. (Director of Management and Information Services) Agenda 3 April 13, 1999 9. RESOLUTION 19415, ACCEPTING $4,600.50 FROM THE FRATERNAL ORDER OF POLICE EXPLORER GRANT PROGRAM AND APPROPRIATING SUCH FUNDS FOR THE PURCHASE OF EQŒPMENT AND SUPPLIES FOR THE CHULA VISTA EXPLORER POST 831 (4/5TH'S VOTE REQUIRED) In June, 1998, the California State Lodge, Fraternal Order of Police, announced the availability of grant funding for explorer programs. In response, the Police Department submitted a grant application. On January 11, 1999, the Police Department was presented with a check in the amount of$4,600.50 from the California State Lodge, Fraternal Order of Police. The grant stipulates the funds be used exclusively for the benefit of the Chula Vista Explorers Post 831. Staff recommendation: Council adopt the resolution. (Chief of Police) 10. RESOLUTION 19416, ACCEPTING DONATION TO THE POLICE DEPARTMENT TO BE UTILIZED BY THE SPECIAL WEAPONS AND TACTICAL TEAM On February 5, 1999, Me. Gregory Irving, owner of Armored Transport Incorporated, located at 161Z W. Pico Blvd., Los Angeles, California, contacted staff to donate a 1988 GMC armored transport vehicle. The vehicle had been rotated out of Me. Irving's armored fleet. The vehicle is in excellent operational condition. Me. Gene Copeland, a Branch Manager from Armored Transport, estimated the value of the vehicle to be approximately $45,000. Staff recommendation: Council adopt the resolution. (Chief of Police) 11. RESOLUTION 19417, APPROVING APPROPRIATION OF UNANTICIPATED REVENUES IN THE AMOUNT OF $Z,887.70 FROM THE PEACE OFFICERS STANDARDS AND TRAINING (p.O.ST) FOR THE PURCHASE OF A COMPUTER- BASED MULTIMEDIA SYSTEM FOR TRAINING EMPLOYEES OF THE POLICE DEPARTMENT (4/5TH'S VOTE REQUIRED) The Police Department is constantly looking for ways to provide the most current, up to date training to its employees. The Commission on Peace Officers Standards & Training has developed a computer-based, multimedia training system and has authorized funds to reimburse agencies that purchase approved systems and participate in the program. This will allow the Police Department to further enhance its ability to provide training to its employees at no cost to the City. Staff recommendation: Council adopt the resolution. (Chief of Police) IZ. RESOLUTION 19418, APPROPRIATING UNANTICIPATED REVENUES IN THE AMOUNT OF $3,250 FROM THE SAN DIEGO ABANDONED VEHICLE SERVICE AUTHORITY FOR PURCHASE OF A LAPTOP COMPUTER WITH SOFTWARE AND DIGITAL CAMERA FOR THE ABANDONED VEHICLE ABATEMENT PROGRAM (4/5TH'S VOTE REQUIRED) On March 9, 1999, the San Diego Abandoned Vehicle Abatement Service Authority approved purchase of a laptop computer and digital camera for the Chula Vista Police Department Abandoned Vehicle Abatement Program. The laptop computer will allow the Abandoned Agenda 4 April 13, 1999 Vehicle Abatement officer to track aU abatement cases and retrieve DMV information in the field and the memory card will enable staff to take digital pictures of all abated vehicles. Staff recommendation: Council adopt the resolution. (Chief of Police) 13. RESOLUTION 19419, INCREASING THE ANNUAL EXPENDITURE LIMIT WITH ESGIL CORPORATION TO PROVIDE PLAN CHECK ENGINEERING SERVICES, AND AMENDING BUDGET TO TRANSFER FUNDS FROM SALARY AND BENEFIT SAVINGS TO PROFESSIONAL SERVICES TO COVER THE INCREASE In June 1998, Council approved an agreement with Esgil Corporation to provide plan check engineering services for the Department of Building and Housing on an as-needed basis. The resolution established a maximum expenditure of $100,000 for services during fiscal year 1998/99. Due to a higher than anticipated increase in construction activity and difficulties in recruiting and retaining qualified full-time Plans Examiners, the Department of Planning and Building is requesting this limit be raised by $75,000 in order to cover existing financial commitments and to address a continuing need for these services through the remainder of the fiscal year. Staff recommendation: Council adopt the resolution. (Director of Planning and Building) 14.A RESOLUTION 19420, APPROVINGFlNALMAP OF TRACTNUMBER99-01, EASTLAKE SOUTH GREENS, UNIT 18, ACCEPTING ON BEHALF OF THE CITY PUBLIC AND STREET EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDMSION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION 19421, APPROVING SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT FOR TRACT 99-01, EASTLAKE SOUTH GREENS, UNIT 18, REQUIRING DEVELOPER TO COMPLY ~TH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 19327 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT On July 18, 1989, Council approved the Tentative Subdivision Map for Tract 88-3, EastLake South Greens. On January 5, 1999, Council approved the Tentative Subdivision Map for Tract 99-01, EastLake South Greens, Unit 18. Staff recommendation: Council adopt the resolutions. (Director of Public Works) 15. RESOLUTION 19422, APPROVING THE FIRST AMENDMENT TO THE ACQUlSITION/FINANCING AGREEMENT WITH MCMILLIN OT A Y RANCH FOR COMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE) On December 8, 1998, Council approved the AcquisitionlFinancing Agreement for Community Facilities District Number 97-3. The agreement set forth the conditions and procedures for acquiring the improvements rrom the developer. The amendment will ensure Agenda 5 April 13, 1999 that the Acquisition/Financing Agreement is consistent with the applicable terms and conditions of the Olympic Parkway Agreement. Staff recommendation: Council adopt the resolution. (Director of Public Works) 16. RESOLUTION 19423, WAIVING IMMATERIAL DEFICIENCIES, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SHIRLEY STREET SEWER INSTALLATION FROM NORTH DEL MAR AVENUE TO 480' EASTERLY IN THE CITY (SW-217)" PROJECT On February 24, 1999, sealed bids were received. The work to be done consists of installing a sewer main on Shirley Street between North Del Mar Avenue and North Second Avenue. The work involves trenching, installation of8" PVC sewer main, installation of sewer laterals, installation of sewer manholes, asphalt concrete pavement, trench shoring, traffic control, protection and restoration of existing improvements, and other miscellaneous work associated with the project Staff recommendation: Council adopt the resolution. (Director of Public Works) 17. RESOLUTION 19424, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM - FISCAL YEAR 1998/99 (STL242)" PROJECT; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO UTILIZE ANY REMAINING FUNDS WITHIN THIS PROJECT FOR THEREHABILIT ATION OF ADDITIONAL STREETS The Pavement Rehabilitation Program is an annual commitment by Council to maintain the . City's inftastructure. To this effect funds were budgeted during the fiscal year 1998/99 Capital Improvement Program for this program. The rehabilitation of existing street pavement is necessary to cost effectively extend its life and avoid further deterioration of the pavement and base materiaL Failure to rehabilitate will subsequently result in an accelerated rate of deterioration, which would ultimately result in full reconstruction of the pavement Staff recommendation: Council adopt the resolution. (Director of Public Works) 18. RESOLUTION 19425, APPROVING AN AMENDMENT TO THE CHULA VISTA PORTION OF THE 1998-2004 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, SANDAG On April 7, 1998, Council held a public hearing and approved a resolution adopting the 1998- 2004 six year Regional Transportation Improvement Program (R TIP). On July 24, 1998, the SANDAG Board of Directors adopted the R TIP including the TRANSNET program of projects. The RTIP covers fiscal years 1998 through 2004. This is Chula Vista's first amendment to the 1998-2004 R TIP and primarily concerns changes to the cost estimates and schedules of projects in the biennial element of the RTIP. The SANDAG Board of Directors will consider amendments at its June/July meeting. The deadline for local agency project submittals to amend the RTIP is April 19, 1999. Staff recommendation: Council adopt the resolution. (Director of Public Works) ORAL COMMUNICA nONS --_.._-~-----. _..__..-._--_.,.-._~----_.__.- .--.-- Agenda 6 April 13, 1999 PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The fol/awing items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 19. PUBLIC HEARING ON COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND THE HOME INVESTMENT PARTNERSHIP PROGRAM wmCH INCLUDES CONSIDERATION OF FUNDING REQUESTS FOR PUBLIC SERVICES, COMMUNITY PROJECTS, ECONOMIC DEVELOPMENT, CAPITAL IMPROVEMENT, AND ADMINISTRATION AND PLANNING (TIME CERTAIN 6:30 P.M.) Each year the City undertakes a process to solicit and approve programs and projects eligible for Federal funding. This item addresses the review of the annual Community Development Block Grant (CDBG) program and the HOME Investment Partnership (HOME) program. The public hearing provides an opportunity for the public and Council to make comments on how CDBG and HOME funds can be allocated to meet the City's housing and community needs. Staff recommendation: Accept the staff report and direct staff to return on or about May 4, 1999 with the final funding recommendations. (Director of Community Development) 20. PUBLIC HEARING ON CONSIDERATION OF OTAY WATER DISTRICT'S APPLICATIONS TO PREZONE S09 UNINCORPORATED ACRES AT THE NORTHERN TERMINUS OF HUNTE P ARKW A Y TO A-S, AGRICULTURAL, AND TO OBTAIN A CONDITIONAL USE PERMIT FOR AN IS-HOLE CHAMPIONSHIP GOLF COURSE AND ASSOCIATED FACILITIES ON THE SITE A ORDINANCE 2777, AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.IS.OIO OF THE MUNICIPAL CODE PREZONING S09 ACRES AT THE NORTHERN TERMINUS OF HUNTE PARKWAY A-S, AGRICULTURAL (FIRST READING) B. RESOLUTION 19426, APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH AN IS-HOLE GOLF COURSE ON S09 ACRES LOCATED AT THE NORTHERN TERMINUS OF HUNTE P ARKW A Y WITHIN THE AGRICULTURAL ZONE The proposed project consists of prezoning S09 unincorporated acres to A-S, Agricultural, a prerequisite to annex the property to the City, and establishing an IS-hole championship golf course and associated facilities, including a driving range, clubhouse, and other amenities. Staff recommendation: Council place the ordinance on first reading and adopt the resolution. (Director of Planning and Building) 21. PUBLIC HEARING ON PCM 9S-0 IB, AN APPLICATION TO AMEND THE OTAY RANCH SPA ONE PUBLIC FACILITIES FINANCING PLAN (PFFP) TO AMEND THE SECURITY THRESHOLD FOR OLYMPIC PARKWAY CONSTRUCTION AND AMEND THE PFFP FOR PHASE 7 OF VILLAGE ONE AND VILLAGE ONE WEST Agenda 7 April 13, 1999 AREA (CONTINUED FROM MARCH 23, 1999) Note: This item should be trailed and considered together with Item # 25. RESOLUTION 19408, AMENDING THE OT A Y RANCH SECTIONAL PLANNING AREA PLAN PUBLIC FACILITIES FINANCE PLAN On June 4, 1996, the Otay Ranch SPA One Public Facilities Finance Plan (PFFP) was adopted by Council as part of the SPA One Plan for Villages One and Five. The SPA One PFFP established thresholds for public improvements serving these two villages, including Olympic Parkway. In order to expedite the improvements of Olympic Parkway, a financing plan with security for construction has been negotiated with the Otay Ranch Company and McMillin Companies. An amendment to the SPA One PFFP has been proposed to establish security thresholds so that Otay and McMillin can equitably share in the number of units as the Olympic Parkway thresholds are achieved. In addition, on February 16, 1999, Council approved an amendment to the Otay Ranch SPA One Plan for the Village One Core - Phase Seven (purple Phase), and the area of Village One west of Pas eo Ranchero (Village One West). The amendment to the SPA One PFFP for these areas was consolidated with the Olympic Parkway amendment in order to bring one amended PFFP forward for Council approval. Staff recommendation: Council adopt the resolution. (Director of Planning and Building) ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council, staff, or members of the public. The items will be considered individually by the Council, and staff recommendations may, in certain cases, be presented in the alternative. lfyou 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. 22A RESOLUTION 19427, AMENDING THE FISCAL YEAR 1998/99 BUDGET, INCREASING APPROPRIATIONS FOR THE PLANNING AND BUILDING DEPARTMENT BASED ON UNANTICIPATED DEVELOPER REIMBURSEMENTS FOR CONSULTING SERVICES FOR COMPLETION OF THE PARK MASTER PLAN, GREENBELT MASTER PLAN, PARK FINANCING STUDY, AND MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND IMPLEMENTING AGREEMENT B. RESOLUTION 19428, AMENDING THE FISCAL YEAR 1998/99 BUDGET FOR THE PLANNING AND BUILDING DEPARTMENT TRANSFERRING FUNDS FOR PLANNING AND ENVIRONMENTAL CONSUL TING SERVICES RELATED TO THE UNIVERSITY SITE C. RESOLUTION 19429, WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING THE AGREEMENT WITH PBR CONSULTANTS FOR THE PREPARATION OF A CITY-WIDE PARKS MASTERPLAN, GREENBELT MASTER PLAN AND PARKS FINANCING STUDY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Agenda 8 April 13, 1999 D. RESOLUTION 19430, WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING THE AGREEMENT WITH MNA CONSULTING FOR CONSULTING SERVICES FOR THE COMPLETION AND ADOPTION OF THE CITY OF CHULA VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND IMPLEMENTING AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In order to provide for long-term plans and policies for Parks and Open Space to be used for new development projects it will be necessary to expedite the completion of the Parks Master Plan, Greenbelt Master Plan, Parks Financing Study and the City's Multiple Species Conservation Program (MSCP) Subarea Plan. Therefore, staff is requesting that Council authorize the hiring of consulting services to complete these documents. A Request for Proposals was issued and a selection process administered for the Parks Master Plan, Greenbelt Master Plan, and Parks Financing Study. Likewise, a proposal has been received for services necessary to complete the MSCP Subarea Plan. Staff recommendation: Council adopt the resolutions. (Director of Planning and Building) 23. RESOLUTION 19409, ACCEPTING THE FINAL REPORT FROM KIMLEY-HORN & ASSOCIATES, INC. FOR THE FEASIBILITY AND FINANCING STUDY OF OLYMPIC P ARKW A Y FROM BRANDYWINE AVENUE TO HUNTE P ARKW A Y (CONTINUED FROM MARCH 23, 1999) This report represents the consultant's, Kimley-Horn & Associates, Inc., findings for the feasibility and financing study to construct Olympic Parkway from Oleander Avenue to one mile east ofSR-125 and identifies project constraints and opportunities in terms of funding, traffic needs, timing, phasing, environmental requirements, and a comprehensive project schedule. Staff recommendation: Council adopt the resolution. (Director of Public Works) 24. RESOLUTION 19431, AUTHORIZING THE CITY ENGINEER TO PROCESS PLANS FOR THE CONSTRUCTION OF OLYMPIC PARKWAY FROM THE EASTERN BOUNDARY OF THE SUNBOW PROPERTY TO A POINT ABOUT ONE MILE EAST OF THE PROPOSED SR-125; ADOPTING THE ENVIRONMENTAL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION AND FINDINGS OF FACT FOR THE OL YMPIC PARKWAY EXTENSION This resolution will authorize the City Engineer to process the necessary plans for the extension of Olympic Parkway east of the Sunbow Project to approximately SR-125, through Poggi Canyon. The proposed road extension follows the alignment studied in the Kimley- Horn Feasibility Study. The extension would traverse the Sunbow, Otay Ranch, and EastLake developments. In order to accommodate the runoff that currently runs through Poggi Canyon, as well as additional runofffj-om future development, the road extension plan includes an earthen channel with detention facilities, similar to the Telegraph Canyon Channel facilities. The design of the detention facilities and earthen channel for the extension of Olympic Parkway through Poggi Canyon includes mitigation for project-related impacts to wetland resources. In conjunction with this resolution, Council is being asked to consider and adopt a proposed mitigation negative declaration and initial study for the project under the California Environmental Quality Act. The proposed mitigated negative declaration is a tiered document that reflects and incorporates previous environmental review prepared for the City's General Plan and the Otay Ranch, EastLake, and Sunbow development projects. Staff recommendation: Council adopt the resolution. (Director of Planning and Building) Agenda 9 April 13, 1999 25. RESOLUTION 19410, APPROVING AN AGREEMENT FOR THE FINANCING AND CONSTRUCTION OF OLYMPIC P ARKW A Y PHASE 1, II, AND III WITH MCMILLIN OT A Y RANCH LLC AND OT A Y RANCH PROJECT LLC (CONTINUED FROM MARCH 23,1999) The purpose of this item is to outline a financial plan for Olympic Parkway Phases I, II, and II, which extends from Brandywine Avenue to SR-125. The goal is to outline the project costs and how they apply to each party, to establish time frame milestones for the various work components such as grading, channel and roadway construction, to establish financial guarantees to secure the work, to decide how the work will be paid for by whom, and to construct the road when needed. In addition, and equally important, to make sure that development does not outpace the road construction or result in an unacceptable level of service on Telegraph CanyonlOtay Lakes Road. Staff recommendation: Council adopt the resolution. (Deputy City Manager) 26.A RESOLUTION 19411, APPROVING A FINAL "B" MAP FOR TRACT NUMBER 99-02, MCMILLIN OTAY RANCH SPA ONE, R-46, ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON SAID MAP WITIIlN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF GRANT OF FEE INTEREST OF LOTS FOR OPEN SPACE AND OTHER PUBLIC PURPOSES ON SAID MAP WITIIlN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (CONTINUED FROM MARCH 23, 1999) B. RESOLUTION 19412, APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NUMBER 99-02, OT A Y RANCH, R-46, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT This item is to consider the approval of Final "B" Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement for Otay Ranch R-46 (CVT 97-02). The project consists of 117 condo units and is known by the marketing name of Capri by Cornerstone. R-46 is located at the northeast comer of La Media Road and East Palomar Street. Staff recommendation: Council adopt the resolutions. (Director of Public Works) 27.A RESOLUTION 19432, APPROVING A DEFERRAL AGREEMENT WITH CENTEXHOMES CONCERNING THE DEVELOPMENT OF CERTAIN LOTS IN NEIGHBORHOODS R-3 AND R-8 OF OTAY RANCH SPA ONE, VILLAGE ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION 19433, APPROVING FINAL MAP OF TRACT NUMBER 96-04, OTAY RANCH, VILLAGE ONE, NEIGHBORHOOD R-8, ACCEPTING ON BEHALF OF THE CITY GENERAL UTILITY AND ACCESS EASEMENTS ON SAID MAPS WITIIlN SAID SUBDIVISIONS, REJECTING AN IRREVOCABLE OFFER OF DEDICATION FOR STREET AND OTHER PUBLIC PURPOSES AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS C. RESOLUTION 19434, APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NUMBER 96-04, OT A Y RANCH SPA ONE, VILLAGE ONE, NEIGHBORHOOD R-8 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDmONS OF RESOLUTION NUMBER 18398 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT --'---_._,-_.._._-_._--_.._-~_.__.__.._._-,_...,.,.,_.--.....--....- Agenda 10 April 13, 1999 Council is requested to consider the approval of an agreement for deferring the development of certain lots within Neighborhoods R-3 and R-8 of Otay Ranch SPA One, Village One. The agreement provides that Centex Homes will defer construction of 40 homes in R-8 and 31 homes in R-3, approved on October 6, 1998, in order to obtain final map approval for Neighborhood R-8. The reduction of61 Equivalent Dwelling Units (EDUs) will allow R-8 to be approved (with 21 non-deferred homes remaining) and keep the total SPA One EDUs within the Public Facility Finance Plan (pFFP) limits. The development of the 61 units will be deferred until full compliance with the PFFP is attained. If the Olympic Parkway Financing and Construction Agreement is on tonight's agenda, this item should follow. If the Olympic Parkway Agreement is approved then the Deferral Agreement is not needed. Staff recommendation: Council adopt the resolutions. (Director of Public Works) 28.A RESOLUTION 19435, APPROVING FINAL MAPS OF TRACT NUMBER 96-04, OTAY RANCH, VILLAGE ONE, NEIGHBORHOODS R-6, R-9, AND R-14 ACCEPTING ON BEHALF OF THE CITY GENERAL UTILITY AND ACCESS EASEMENTS, AND WALL EASEMENTS GRANTED ON SAID MAPS WITIllN SAID SUBDIVISIONS, REJECTING AN IRREVOCABLE OFFER OF DEDICATION FOR STREET AND OTHER PUBLIC PURPOSES AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AlITHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS B. RESOLUTION 19436, APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE FINAL MAPS OF TRACT 96-04, OTAY RANCH, VILLAGE ONE, NEIGHBORHOODS R-6, R-9, AND R-14 AND AlITHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS The tentative map for Otay Ranch, Village One, and a portion of Village Five (CVT 96-04) was approved by Council on November 19, 1996. Council will consider the approval of three Final "B" Maps within Village One, together with the associated agreements for the "B" Maps. Staff recommendation: Council adopt the resolutions. (Director of Public Works) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 29. CITY MANAGER'S REPORTS A Scheduling of meetings. 30. MAYOR'S REPORTS A. Ratification of appointment to the Veterans Advisory Commission - Robert White (to fill vacancy created by Commissioner McCauley, whose term expires June 30, 2002). 31. COUNCIL COMMENTS ADJOURNMENT to a Closed Session and thence to the Regular Meeting of April 20, 1999, at 6:00 p.m. in the Council Chambers. ***A Special Meeting of the Redevelopment Agency will be held immediately following the City Council meeting. *** April 8, 1999 FROM: The Honorable Mayor and City Counci~~ David D. Rowlands, Jr., City Manager ~'fØþ¿ TO: SUBJECT: City Council Meeting of April 13, 1999 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, April 13, 1999. Comments regarding the Written Communications are as fol1ows: 5a. This is a letter from the City Attorney stating that the Council did not meet in Closed Session on 3/23/99. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. 5b. This is a letter from Dr. Barry Russel1, member of the Cultural Arts Commission, requesting funding to support the Seventh Chula Vista Classical Music Competition on May 22, 1999. IT IS RECOMMENDED THAT $500 FOR THIS YEAR'S EVENT BE EXPENDED FROM THE COUNCIL CONTINGENCY FUND. In FY 1999-2000 the music competition will be incorporated into the Library and Recreation's budget for cultural arts. 5c/d IT IS RECOMMENDED THAT MARIA PERMAN'S RESIGNATION FROM THE HUMAN RELATIONS COMMISSION, RICHARD SCHULMAN'S RESIGNATION FROM THE BOARD OF ETHICS, AND MAGGIE HELTON'S RESIGNATION FROM THE HOUSING ADVISORY COMMISSION BE ACCEPTED WITH REGRET AND THAT THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. DDR:mab PLEASE NOTE THAT THE ITEMS RELATED TO OLYMPIC PARKWAY (ITEMS 15, 21, 23, 24 AND 25) WILL BE DELIVERED TO COUNCIL SEPARATELY ON FRIDAY, APRIL 9, 1999. ~_. _o.______u____.-________·"·_+_ ~,~ ii!II!iii ~~~~ ~- -~ CllY OF CHUlA VISTA OFFICE OFTHE CITY ATTORNEY April 5, 1999 The Honorable Mayor and City Council John M. Kaheny, City Attorney ~~ Report Regarding Actions Taken in Closed Session for the Meeting of 3/23/99 The City Attorney hereby reports that the city Council did not meet in Closed session on March 23, 1999. Date: To: From: Re: The Redevelopment Agency of the City of Chula Vista met in Closed session on March 23, 1999 to discuss: Conference with Real Propertv Neqotiator - Pursuant to Government Code Section 54956.8: Property: Negotiating Parties: Under Negotiation: Property: Negotiating Parties: Under Negotiation: Property: Negotiating Parties: Under Negotiation: Property: Negotiating Parties: Under Negotiation: Assessor Parcel Nos. 565-310-09; 565-310- 25 (approximately 6.35 acres located at the northwest corner of 1-5 and E Street) Redevelopment Agency (Chris Salomone) and City of San Diego Purchase and terms for disposition Approximately 4 acres at the southeast corner of 1-5 and SR-54 City and Redevelopment Agency of Chula vista (Chris Salomone) and CalTrans Purchase and terms for disposition/ acquisition Assessor Parcel No. 562-310-45 (approximately 14.56 acres at the southeast corner of National City Blvd. and C Street) City and Redevelopment Agency of Chula vista (Chris Salomone) and wayne Ansley Purchase and terms for disposition/ acquisition Assessor Parcel No. 562-321-06 (approximately 10 acres located at the northeast corner of SR-54 and National City Blvd.) city and Redevelopment Agency of Chula vista (Chris Salomone) and Derr Family Trust Purchase and terms for disposition/ acquisition Sd/ 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910· (619) 691-5037· FAX (619) 409-5823 'Ýi,I'MII.(;Gnsu"...,AecycledP_. The Honorable Mayor and City Council April 5, 1999 Page Two The City Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k H-Ihome\lorrHoe\lt\clo..ns.no S/J-~ CITY OF CHULA VISTA RECEIVED ~J'tø Z-~:-: "" "" ""'" "" "'""'""'""'" """......~~ CllY OF CHUlA VISTA "99 lIAR 18 A8:00 ---.. , , I; IjV I, II"': ; , ,¡',lS .!(. I·: ..' __~"_ '. , ~, D tttR'719QQ , PARKS, RECREATION AND OPEN SPACE DEPARTMENT CITY OF CHULA VIS, CITY CLERK'S OFFIC' .-.- COU~!Clll"" '!!,!~,I.\ v:~ ' m_-'___. March 16, 1999 Mayor Shirley Horton City of Chula ViSTa 276 ¡::ourth Avem.:e Chula Vista, CA 91910 Dear Mayor Horton: Once again, the Cultural Arts Commission will be hosting the Seventh Chula Vista Classical Music Competition on May 22,1999. This is 0 competition for amateur musicians for ages seven and up. Prizes ore given to winners in each category and ore asked TO perform in a concert open tQ the public on May 23, 1999. Tne purpose of the event is to promote the talent of our local chiloren and young adults and to bring more classical music into our area. Lost year, the Council was able to provide fUnding to support this worthwhile event. in the post years, the organizers of the event hove been able to hold down cost and stay within the budget provided by the City of Chulo Vista Clnd several other donors. Your funding of $500 would assure the success of the project and reiìect the general support of the City. Thank you for your support, I hope you and the Cauncil will be able to atTend the performance of the winning participants on May 23, 1999 in the auditorium or the Civic Center Library. Sincerely, ~ WRITTEN r~',~f~ f}",r')',:¡,r;e>?ì'!r?'"' j.1), Tl'~,~1 ~~;>f{'~j~g'~ 2~.'~' .}\.ii~ ~~~'~ I~¡"r~ , , /r J-vt,~A (!) ff:'. I é C t ~.;¿' /ó - ¿.0~7/ f1Z~~ CC:JUncil / í? -J ~~. ~/f'A:: Q:- c~ ty Manager ,;:::; ~ r ci ty C¥I!~RTH AVENUE' CHULA VISTA· CALIFORNIA 91910· (619) 691- 71 @ P",I·-Goo,un>a, Ree"lad P'p.r Barry A. Russell, Ph.D. Cultural Arts Commission, Member cc: ~It. ~~ SouihwEstern College RECEIVED iG'ì- Œ œ f? D W L r, ~) ~~~. 1'8 ,~r.~ i I ¡ ( '99 lIAR 19 A9 :39 L. -~~ Governing Board Augle Bereno G. Gordon Browning. DMD Jerry J. Griffith Marla Neves-Perman Judy Schulenberg Joseph M. Conte Superintendent/President CITY OF CHULA VIST í, €lTY CLERK'S OFFIC[ March 16,1999 The Honorable Mayor Shirley Horton Dear Mayor Horton: It is with a great deal of sadness that I need to resign my position as a member of the Human Relations Commission. My duties at work have increased and I find my time more limited than ever before. Thank you for the opoortunity to serve in the HR Commission. I hope to be able to serve the city ofChula Vista in some other commission in the future Sincerely, 77!~ Ìl~¢-#Jn41~ Maria Neves Perman LC; Ç5 Jtr(i) ~~ WRITTEN C~M»'~t TIONS SL~/ 900 Otay Lakes Road. Chula Vista. CA 91910. (619) 482-6301 FAX (619) 421-0346. Southwestern Community College District RECEIVED March 18, 1999 '9IJ IN 19 P3 :33 Honorable Shirley Horton, Mayor City of Chula vista CITY OF CHULA VIST CITY CLERK'S OFFiCi- Dear Mayor Horton: I am submitting my resignation from the Board of Ethics effective March 31, 1999, as I am in the process of moving to another city. It has been an honor to serve the people of this city and to work with the dedicated members of the Board of Ethics. I wish you and the Council success in improving the quality of life of all residents of Chula Vista. Also, I hope that the initiatives of the Board of Ethics will prove of value in ensuring that the people of Chula Vista are well-served by their government. ~¡r; tr?~_yo(~j) ~/-~- {~~ . 2(~__l-2~-~ Richard D. Schulman, Member Board of Ethics City of Chula Vista cc. Juan Gonzales, Chair Board of Ethics City of Chula Vista WRITTEN ,-~ .~.'" ~,~:! ~~f1~r J\W"ON· S '-V.ifU1iìá.....¡;¡·'ÒIi~- . II. Þ 3)Jq/fl cc; Sé-;¿ March 18, 1999 ,- -, R '" r;; [I 'Vi 'I 15 lb, I~ 111~ .~, ~~qq- Honorable Shirley Horton, Mayor City of Chula Vista ._--_.--- Dear Mayor Horton: I am submitting my resignation from the Board of Ethics effective March 31, 1999, as I am in the process of moving to another city. It has been an honor to serve the people of this city and to work with the dedicated members of the Board of Ethics. I wish you and the Council success in improving the quality of life of all residents of Chula Vista. Also, I hope that the initiatives of the Board of Ethics will prove of value in ensuring that the people of Chula Vista are well-served by their government. /Luj¿ Richard D. Schulman, Board of Ethics City of Chula Vista _/ì -, ;:;¿Â-~,2:~~ Member cc. Juan Gonzales, Chair Board of Ethics City of Chula Vista SC-'-- J ~{~ 2~~ _- ~z;...~ ~ ~---- - - -- RECEIVED "99 lIAR 26 AlO :50 CllY OF CHUlA VISfA CITY OF CHULA ViS ' CITY CLERK'S OFFI March 26, 1999 TO: FROM: Susan Bigelow, City Clerk Armando BuelnlAssistant to the Mayor and Council SUBJECT: Resignation from the Housing Advisory Commission This is to advise you that Margaret Helton has verbally resigned from the Housing Advisory Commission. For health reasons, Commission Helton has been unable to attend the Housing Advisory Commission meetings. Please place this matter on the next available agenda so the City Council may accept her resignation. ab cc: Alicia Gonzalez, Secretary to the Housing Advisory Commission <. WRITTEN COt~\jV~U;~~tA T~ONS ~ ~-Ýf9 cc: g~(V) 0~ i¿rZJ~ s-c - y- COUNCIL AGENDA STATEMENT ITEM: 6 MEETING DATE: April 13, 1999 ITEM TITLE: Resolution No. 19385: Adopting Proposed Council Policy on Use of City of Chula vista Disclosure Form (Continued from March 16, 1999) SUBMITTED BY: City Attorney~ 4/5ths Vote: ( ) Yes (X) No staff recommends continuing this item until the meeting of April 27, 1999 at which time the City Attorney will return from his vacation. h-/ CITY COUNCIL AGENDA STATEMENT SUBMITTED BY: Item: 7 Meeting Date: 04/l3J99 Resolution ) 9 VI )Amending the Fiscal Year 1998-99 Budget for the City Clerk's Office by appropriating $20,000 ITom the available fund balance in the general fund to the City Clerk's budget; and directing staff to enter into a contract with Code Publishing, Inc. for municipal codification services in an amount not to exceed $20,000 City Clerk # (4/Sths Vote: YesX-No_) ITEM TITLE: On November 10, 1998, the City issued Request for Proposals No. 6-98/99 to update and maintain the Chula Vista Municipal Code. Services are to scan, reformat and digitize the Code, proofread the revised Code, supplement the Code with ordinances and graphics adopted since the last update, provide the City with both paper and computer (CD) versions of the new Code, and provide quarterly supplements in the future, in both paper and computerized form, in order to keep the Code as current as possible at all times. RECOMMENDATION: The Council adopt the proposed resolution. BOARD/COMMISSION RECOMMENDATION: N/ A DISCUSSION: The Municipal Code needs to be reformatted into a more readable, two-column format, which will result in fewer pages and perhaps only one volume. The Code also has not been updated on a regular basis, and, as a result, is consistently outdated. A Request for Proposals to reformat and provide Code supplement services was issued in November 1998. Four proposals. were received and may be summarized as follows: Code Book American General Service: Publishing Publishing Legal Code Edit, reformat and print 111 copies of the $13,428 $12,000 $28,000 $19,000 Municipal Code, based on a volume of 1200 pages Provide quarterly supplements $15/page $ 19/page $22/page $22/page Code provided on CD-ROM $10 $50 not given not given Of the two lower-cost proposals, Book Publishing Company proposed a cost of$1,428 lower for initial services but a significantly higher cost for future supplements. Code Publishing, Inc. proposed ?-/ a significantly lower cost for future updates and the provision of CD's at a cost of only $10 each. Costs in addition to those shown above will include such items as custom post binders, dividers, and software for the network server. Staff recommends that the Council authorize execution of a contract with Code Publishing, Inc. in a form approved by the City Attorney. The proposed services will ensure that the Municipal Code is as current as possible at all times. It will also allow the City Clerk's Office to provide the Code on the City-wide network and in CD form, which will significantly reduce the number of paper copies and, subsequently, the costs associated with future supplements. FISCAL IMPACT: Initial services to reformat, digitize and update the Municipal Code will require a transfer of $20,000 to the City Clerk's 1998-99 budget. In addition, $15,000 will be requested in future fiscal years for quarterly supplement services. 7r~ RESOLUTION NO.~J~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 1998-99 BUDGET FOR THE CITY CLERK'S OFFICE BY APPROPRIATING $20,000 FROM THE AVAILABLE FUND BALANCE IN THE GENERAL FUND TO THE CITY CLERK'S BUDGET; AND DIRECTING STAFF TO ENTER INTO A CONTRACT WITH CODE PUBLISHING, INC. FOR MUNICIPAL CODIFICATION SERVICES IN AN AMOUNT NOT TO EXCEED $20,000 WHEREAS, on November 10, 1998, the City issued Request for Proposals No. 6-98/99 to update and maintain the Chula vista Municipal Code; and WHEREAS, services will include scanning, reformatting and digitizing the Code, proofreading the revised Code, supplementing the Code with ordinances and graphics adopted since the last update, providing the City with both paper and computer (CD) versions of the new code, and providing quarterly supplements in the future, in both paper and computerized form, in order to keep the Code as current as possible at all times; and WHEREAS, four proposals were received and reviewed and two of the four proposals were considerably higher than the other two for the same services; and WHEREAS, of the two lower-cost proposals, Code Publishing, Inc. proposed a significantly lower cost for future updates, as well as a digitized version at no cost and provision of CD's at a cost of only $10 each; and WHEREAS, staff recommends that the Council authorize execution of a contract with Code Publishing, Inc. in a form approved by the City Attorney. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby amend the fiscal year 1998-99 budget for the City Clerk's office by appropriating $20,000 from the available fund balance in the General Fund to the City Clerk's budget. BE IT FURTHER RESOLVED that staff is hereby directed to enter into a contract with Code Publishing, Inc. for municipal codifications services in an amount not to exceed $20,000. Presented by Approved as to form by - iUð--Ar ~K~ Susan Bigelow, City Clerk H:\home\attorney\reeo\municode ~/Þdflt- J n M. Kahen , City Attorney 7~) COUNCIL AGENDA STATEMENT Item Meeting Date 04/13/99 :x/ RESOLUTION /tJl/iroving an amendment to the Unisys Computer Aided Dispatch (CAD) contract substituting maintenance services for additional hardware, software and services. Director of Management and Information services¡J t. f- REVIEWED BY: City Manager . 0 r- ,V¿~ ' ITEM TITLE: SUBMITTED BY: (4/5ths Vote: Yes_No~_J In March, 1997 Council approved a contract with the Unisys Corporation for the purchase and installation of an automated computer aided dispatch system (CAD). For the past two years, City staff and Unisys have been working to implement the system and we are now in our final 90-day acceptance period. The current contract requires Unisys to provide software maintenance for a period of one year following final acceptance of the system. Unisys has requested that the contract be amended to provide free maintenance through December 3 I, 1999, and has offered hardware, software and services in exchange for this modification. RECOMMENDATION: That Council adopt the resolution approving an amendment to the Unisys CAD contract substituting maintenance services for additional hardware, software and servIces. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The Computer Aided Dispatch project is comprised of several major pieces, the two biggest being the actual Lifeline CAD program used to dispatch police and fire personnel to emergency situations, and the installation of mobile data computers (MDC) in police and fire vehicles. These MDCs in police and fire vehicles allow automated dispatching and status updates to occur and allow police personnel to check vehicle registration and driver's license information through the Department of Motor Vehicles, firearms registration information as well as other information directly from their vehicles. The Lifeline CAD program has been operating in the dispatch center since August 16, 1998, and since that time City staff and Unisys have been working on the implementation of the MDC portion of the system. This portion became active in early March at which time the City entered our 90-day acceptance period as provided by the original contract. As part of the original Unisys CAD contract dated March 1997, The Unisys Corporation is required to provide software maintenance of the Lifeline CAD system for a period of one year after acceptance by the City. We are in the final 90 day acceptance period of that system and expect that we would accept the system around the end of May. As such, maintenance would be provided to the City until May, 2000 at no additional cost. Unisys has contracted with a third party (Crosscurrent Corporation) to provide maintenance on the system and has asked the City ofChula Vista to amend the contract to allow them to stop providing maintenance under the contract as of December 31, 1999. y-¡ Item Meeting Date 04/13/99 Staff has received a price quote from Crosscurrent Corporation to provide software maintenance on the system after December 31, 1999. They have quoted an annual cost of $75,000 to provide this service. If the contract continues in its original form, Unisys would provide maintenance until May 31, 2000, a $31,250 value, and the City would pay the remainder of the year. Pro-rated for seven months this would cost the City $43, 750. In return for accepting the Unisys proposal to end the maintenance on December 31, 1999 (thus having the City pay the $31,250 for the first 5 months of 2000), Unisys will provide the City with forty (40) Pentium computers, two (2) notebook computers, and an additional training class needed to complete the CAD project. In total, the amount of benefit to the City is about $85,000, more than offsetting the $31,250 in cost we would incur. The 40 computers will be used to replace the remaining fifteen 386 computers and twenty five 486 computers so that the City will be using all Pentium computers running Windows 98 and have the ability to run all of the standard software. The notebook computers would be used by MIS staff for a number of tasks, most notably for providing off-hours support on a dial-in basis by the on-call personnel. The additional training class will provide training to Police, Fire and MIS personnel in the proper use of the Crystal Reports software package. This software package is used to extract and manipulate statistical data from the CAD system concerning response times, calls for service levels and other such data The Police and Fire Departments have been using the CAD portion of the software since August 16, 1998 and are satisfied that it is working as specified in the contract. They are also aware that the maintenance will be contracted through the Cross Current Corporation and are supportive. FISCAL IMPACT: The cost for the maintenance contract for the five months that would have been covered by the original contract is $31,250. This amount is being included in the FY 1999-2000 MIS budget. The 40 Pentium computers, 2 laptops and the one-week training class provide by Unisys in return for the maintenance is worth about $85,000 to the City. g~ c?- RESOLUTION NO. )91; Y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE UNISYS COMPUTER AIDED DISPATCH CONTRACT SUBSTITUTING MAINTENANCE SERVICES FOR ADDITIONAL HARDWARE, SOFTWARE AND SERVICES WHEREAS, in March, 1997 Council approved a contract with the unisys Corporation for the purchase and installation of an automated computer aided dispatch system (CAD); and WHEREAS, for the past two years, city staff and Unisys have been working to implement the system and the City is now in the final 90-day acceptance period; and WHEREAS, the current contract requires Unisys to provide software maintenance for a period of one year following final acceptance of the system; and WHEREAS, Unisys has requested that the contract be amended to provide free maintenance through December 31, 1999, and has offered hardware, software and services in exchange for this modification. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve an Amendment to the unisys CAD contract substituting maintenance services for additional hardware, software and services, a copy of which shall be kept on file in the Office of the City Clerk. BE Chula Vista Amendment on IT FURTHER RESOLVED that the Mayor of the City of is hereby authorized and directed to execute said behalf of the City of Chula Vista. Presented by Approved as to form by Louie Vignapiano, Director of Management and Information Services ~j <~é~ Jk¿p kn Jo M. Kahe ,City Attõrney H:\home\attorney\reso\unisys.amd g>3 FIRST AMENDMENT TO the Agreement Between the City of Chula Vista and Unisys Corporation for Development, Installation, and Implementation of an Integrated Computer Aided Dispatch and Mobile Computing System Recitals This First Amendment is entered into effective as of . 1999, by and between the City ofChula Vista ("City") and Unisys Corporation ("Unisys") with reference to the following facts: WHEREAS, City and Unisys previously entered into an agreement whereby Unis)'s provides development. installation, and implementation of an Integrated Computer Aided Dispatch (CAD) and Mobile Computing System; and WHEREAS. the agreement included provisions for Unis)'s to provide software maintenance and a 90-day warranty; and \\lHEREAS, Unisys now desires to provide additional hardware in lieu of the software maintenance services and the 90-day warranty; NOW. THEREFORE. in consideration of the recitals and the mutual obligation of the parties set forth herein, Unisys and City agree as follows: I. Section 25 of the original Agreement, entitled Maintenance Services, is hereby amended to delete the first sentence and replace with: Consultant shall provide Unis)'s' "Comprehensive Gold" maintenance services for Consultant's Lifeline proprietary application software at no cost to the City through December 31. ] 999. The remainder of Section 25 remains in full force and effect. 2. Section 27 of the original Ah'Teement. entitled Warranties and Disclaimers. Subsection C Proprietary Application Software, is hereby amended to delete the first paragraph of this subsection. 3 ]n lieu of the maintenance services and the warranty eliminated ITom the original agreement pursuant to Section I and 2 of this amended agreement. above, Unis)'s shall provide the following to the City of Chula Vista at no additional cost to the City: a. Forty (40) HP Vectra VE Desì..1op Personal Computers configured as follows: i. 350 MHz Pentium I1 Processor g--ý II. 64 MB memory 111. 3.2 GB Hard Drive IV. Windows 98 v. 32X CD ROM VI. 3 Y2 Floppy Drive VII. Accessory Kit Vlll. Keyboard lX. HP 17 inch Color SVGA Monitor x. 10/1 00 Base- T network card This includes a one-year on-site, and a second and third year mail in warranty services. with the exception of the keyboard and mouse. The keyboard and mouse are one-year parts oruy. The warranty services are provided at no additional charge. Warranty begins upon shipment ofthe unit. b. Two (2) Notebook Computers configured as follows: i. 350 MHz Pentium II Processor II. 64 MB memory 111. 3.2 GB Hard Drive IV. Windows 98 v. PC i\nywhere 32 VI. 24X CD ROM VII. 3 1;2 Floppy Drive Vlll. PCMJ CA network interface adapter lX. TFT Color Screen This includes a three-year mail in warranty services at no additional charge. Warranty begins upon shipment ofthe unit. c. One (1) Crystal Reports On-Site Training Class of 4 consecutive days. Class size will hc limited to the same number of students that had been trained in the first Crystal Reports Training. Training will take place at a facility to be provided by the City. Unisys shall provide the training materials. During the training class specific reports identified by Chula Vista Police and Fire personnel will be created. d. The additional Forty (40) Desktop Personal Computers and Two (2) Notebook Computers shall be provided to the City within Sixty (60) days ofthe effective date of this Amendment to the Agreement. 4. Except as expressly provided herein all other provisions of the original ab'Teement shall remain in full force and effect. (NeJ\.1 page is signature page) ð".5 SIGNATURE PAGE TO FIRST AMENDMENT TO the Agreement Between the City ofChula Vista and Unisys Corporation for Development, InstalIation, and Implementation of an Integrated Computer Aided Dispatch and Mobile Computing System City ofChula Vista Unisys Corporation by Shirley Horton, Mayor ~- C!"CJ,~ð.rs #"'M4t:."'~ Date Date .? ß/ß5 , , ATTEST: Susan Bigelow, City Clerk Approved as to form by: ~~L~fÛ/~ Jo ;. Kaheny, y Attorneý ð/t -------- ---------- ITEM TITLE: COUNCIL AGENDA STATEMENT ¿ Item: Meeting Date: 04/ 3/99 RESOLUTION ) 9 ,0 s:.CCEPTING $4,600.50 FROM THE FRATERNAL ORDER OF POLICE EXPLORER GRANT PROGRAM AND APPROPRIATING SUCH FUNDS FOR THE PURCHASE OF EQUIPMENT AND SUPPLIES FOR THE CHULA VISTA EXPLORER POST 831. Chief of Police V- City Manager 6t. ,.. -ì~è {,' '., (4/5ths Vote: Yes ~ No_) SUBMITTED BY: REVIEWED BY: In June, 1998, the California State Lodge Fraternal Order of Police announced the availability of grant funding for explorer programs. In response, the Police Department submitted a grant application. On January 11, 1999, the Police Department was presented with a check in the amount of $4,600.50 from the California State Lodge, Fraternal Order of Police. The grant stipulates the funds be used exclusively for the benefit of the Chula Vista Explorers Post 831. RECOMMENDATION: Accept $4,600.50 from the Fraternal Order of Police Explorer Grant Program and appropriate such funds for the purchase of equipment and supplies for the Chula Vista Explorer Post 831. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Chula Vista Explorers, Post 831, was established in 1968. The purpose of the program is to acquaint young people, ages 15-21 years of age, with the objectives of police in our community and to instill and promote sound morals, ethical conduct, and respect for law and order. It is an enormous provider of resources for projects and special events conducted by the Police Department. The Explorer Post is similar to the Police Reserve Organization. Once accepted, members are required to attend the training academy. During the first year Explorers receive additional periodic training on a variety of topics, including traffic control, self defense, firearms and criminal law. Members are allowed to ride on patrol with sworn officers following certification in first aid and CPR and successful completion of probation. 7~/ Page 2, Item Meeting Date: 04/13/99 The Chula Vista Explorer Post 831 is funded by explorer fundraisers. There are no general funds budgeted for replacement or purchase of equipment for this program. Acceptance of the Fraternal Order of Police Explorer Grant provides funding to support community policing services provided by the Chula Vista Explorers under the umbrella of the Police Department In accordance with the grant award, these funds will be used to purchase the following equipment and supplies for the Explorer Program: flashlights, rain gear, rubber training guns for competition, duty belts, jackets, caps, recruitment boards and one laptop computer. There are no local match requirements or other stipulations associated with acceptance of this grant FISCAL IMPACT: Acceptance of this grant will provide $4,600.50 for the one time purchase of equipment and supplies for the Chula Vista Explorer Post 831. There is no net fiscal impact on the general fund. J:lusrladminlscsla 13slexplorer] ~-c2- RESOLUTION J7;j/~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $4,600.50 FROM THE FRATERNAL ORDER OF POLICE EXPLORER GRANT PROGRAM AND APPROPRIATING SUCH FUNDS FOR THE PURCHASE OF EQUIPMENT AND SUPPLIES FOR THE CHULA VISTA EXPLORER POST 831. WHEREAS, In June, 1998, the California State Lodge of Fraternal Order of Police announced the availability of grant funding for explorer programs; and, WHEREAS, the Chula Vista Police Department submitted an application for a 1998 Explorer Post Grant on June 30,1998; and, WHEREAS, on January 11, 1999, the Police Department was presented with a check in the amount of $4,600.50 from the California State Lodge, Fraternal Order of Police; and, WHEREAS, the grant stipulates the funds are to be used exclusively for the benefit of the Chula Vista Explorers' Post 831; and, WHEREAS, the Chula Vista Explorers' Post 831 was established in 1968 for the purpose of acquainting young people, ages 15 to 21 years of age, with the objectives of Police in our community and to instill and promote sound morals, ethical conduct and respect for law and order; and, WHEREAS, in accordance with the grant award, the funds will be used to purchase equipment and supplies for the Explorer Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Chula Vista does hereby accept the California State Lodge Fraternal Order of Police Grant in the amount of $4,600.50 for purchase of equipment and supplies for Chula Vista Explorer Post 831. Presented by: Approved as to form by: /J /J Ý ~~uW 6~ Ricliard P. Emerson Police Chief ~~ City Attorney 73 ~---,,,.__. - .-.-.......---.-.....-..--.-----.--------. COUNCIL AGENDA STATEMENT Itemg Meeting Date: 04/13/99 ) 9 r/ t ITEM TITLE: RESOLUTION ACCEPTING DONATION TO THE POLICE DEPARTMENT TO BE UTILIZED BY THE DEPARTMENT SPECIAL WEAPONS AND TACTICAL TEAM. SUBMITTED BY: Chief of POliceV REVIEWED BY: / '¿/ City Manager lß,! C) y v~ (4/5ths Vote: Yes_ No--1L) The Chula Vista Police Department's Special Weapons Tactical Team has received a donated vehicle from Armored Transport Incorporated to replace the current vehicle, which is no longer serviceable. This vehicle will allow the Police Department to further enhance it's abilities to respond safely to critical SWAT. incidents. RECOMMENDATION: That the City Council accept the donation to be utilized by the Police Department's Special Weapons and Tactical Team. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On February 5, 1999, Mr. Gregory Irving, owner of Armored Transport Incorporated, located at 1612 W. Pico Blvd., Los Angeles, California, contacted Staff to donate a 1988 GMC armored transport vehicle (VIN 1 GDJ7D1 F4HV52816). The vehicle had been rotated out of Mr. Irving's armored fleet. The vehicle is in excellent operational condition. Mr. Gene Copeland, a Branch Manager from Armored Transport, estimated the value of the vehicle to be approximately $45,000.00. The vehicle will provide an excellent form of transportation for our Special Weapons and Tactical Team. The vehicle is described as a standard currency transport vehicle weighing approximately 12,000 pounds. The vehicle will not cause any damage to our public streets and will not require a special license from the California Department of Motor Vehicles. The vehicle will be utilized for transportation, training, demonstrations and critical SWAT incidents. Ricardo Morales, City Shops Mechanic, conducted a vehicle inspection of the truck and found the vehicle in excellent condition. Staff has spoken with Jack Dickens, Equipment Maintenance Fleet Manager, and he supports and recommends the City accept the donation. /û-/ Page 2, Item_ Meeting Date: 04/13/99 FISCAL IMPACT: There is no fiscal impact for acceptance of the vehicle; however, minor modifications estimated at $5,000.00 will be needed to place the vehicle into service. These modifications will be paid for with budgeted asset seizure funds. The vehicle will be treated as a orie-time acquisition, with no replacement. The vehicle is replacing the Special Weapons and Tactical Team's old truck, which is no longer serviceable. Servicing will continue to be provided by the existing vehicle maintenance account. The estimated yearly cost of servicing the vehicle is $655.00. /¿} r 2. RESOLUTION NO. / '1 ¡/ ¡ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATION TO THE POLICE DEPARTMENT TO BE UTILIZED BY THE SPECIAL WEAPONS AND TACTICAL TEAM. WHEREAS, the Police Department received an unsolicited donation of a 1988 GMC armored truck; and, WHEREAS, the Police Department received the vehicle from the San Diego office of Armored Transport Incorporated; and, WHEREAS, Armored Transport Incorporated has estimated the value of the truck to be $45,000.00; and, WHEREAS, the donated vehicle was presented to the Police Department to be utilized by the Special Weapons and Tactical Team. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the donation to the Police Department to be utilized by the Special Weapons and Tactical Team. Presented by: Approved as to form by: Bl~fL ~ Richard P. Emerson Chief of Police Iv ,3 COUNCIL AGENDA STATEMENT Item: / / Meeting Date: 04/13/99 ITEM TITLE: //~/7 Resolution Approving Appropriation of· Unanticipated Revenues in the Amount of $2887.70 from the Peace Officers Standards & Training (P.O.S.T.) for the Purchase of a Computer-Based Multimedia System for Training Employees of the Chula Vista Police Department. Chief of Police V /,, ?/ City Manager vç" i:'-' (4/5ths Vote: Yes X No~ SUBMITTED BY: REVIEWED BY: The Police Department is constantly looking for ways to provide the most current, up to date training to its employees. The Commission on Peace Officers Standards & Training (P.O.S.T.) has developed a computer-based, multimedia training system and has authorized funds to reimburse agencies that purchase approved systems and participate in the program. This will allow the Police Department to further enhance its ability to provide training to its employees at no cost to the City. RECOMMENDATION: That Council approve the resolution appropriating $2,887.70 to the Police Department to facilitate the purchase of the P.O.S.T. multimedia computer system. BOARDS/COMMISIONS RECOMMENDATIONS: N/A DISCUSSION: The Police Department is eligible to receive additional funds from P.O.S.T. for the purchase of a computer-based multimedia system. The purchase of this system will allow the Police department to utilize multimedia training software produced by P.O.S.T. and delivered on CD-ROM. The system will also have the ability to run other law enforcement CD-ROM training courses produced by providers other than P.O.S.T. The system approved by P.O.S.T includes a Pentuim II 400 MHz processor with high-speed 32x CD-ROM drive, high-speed 56K Baud modem, 17" SVGA monitor, laser printer for printing reports, training management software and a one-year, on-site warranty. FISCAL IMPACT: The initial cost of the system and one year warranty is fully reimbursed by P.O.s.T. The Director of Management Information Systems has agreed to add this equipment to the City's computer maintenance and replacement schedule. //~/ RESOLUTION /'J'f//7 RESOLUTION OF THE CITY COUNCIL 01" THE CITY OF CHULA VISTA APPROVING APPROPRIATION OF UNANTICIPATED REVENUES IN THE AMOUNT OF $2,887.70 FROM THE PEACE OFFICERS STANDARDS AND TRAINING (P.O.S.T.) FOR THE PURCHASE OF A COMPUTER-BASED MULTIMEDIA SYSTEM FOR TRAINING EMPLOYEES OF THE CHULA VISTA POLICE DEPARTMENT. WHEREAS, the Chula Vista Police Department is always looking for methods to provide the most current and up-to-date training to its employees; and, WHEREAS, the Commission on Peace Officers' Standards and Training (P.O.S.T.) has developed a computer-based multimedia training system to enhance a department's ability to provide training; and, WHEREAS, acquisition of a computer-based multimedia training system will allow the Police Department to further enhance its ability to provide training to its employees; and, WHEREAS, the Police Department is eligible to receive additional funds from P.O.S.T. for the purchase of a computer-based multimedia system; and, WHEREAS, the system approved by P.O.S.T. includes a Pentium II 400 Mhz processor and high speed 32x CD rom drive, high speed 56K modem and other related equipment; and, WHEREAS, P.O.S.T. will reimburse the City for purchase of this equipment. NOW, THEREFORE, BE IT RESOLVED that the City Council approves the appropriation of unanticipated revenues in the amount of $2,887.70 from the Peace Officers' Standards and Training (P.O.S.T.) for the purchase of a computer-based multimedia system for training employees of the Chula Vista Police Department. Presented by: Approved as to form by: Richard P. Emerson Police Chief ~p John M. Kahen 11" City Attorney J)~2 COUNCIL AGENDA STATEMENT Item: Je2 Meeting Date: 04/13/99 J9Ø~ RESOLUTION APPROPRIATING UNANTICIPATED REVENUES IN THE AMOUNT OF $3,250 FROM THE SAN DIEGO ABANDONED VEHICLE ABATEMENT SERVICE AUTHORITY FOR PURCHASE OF A LAPTOP COMPUTER WITH SOFTWARE AND DIGITAL CAMERA FOR THE ABANDONED VEHICLE ABATEMENT PROGRAM. Chief of pOliceV City Manager 6 !:--. t'- I." . ,) k"~ (4/5ths Vote: Yes ~ No_) ITEM TITLE: SUBMITTED BY: REVIEWED BY: On January 5, 1999, the Police Department requested funds from the San Diego Abandoned Vehicle Abatement Service Authority to purchase a laptop and digital camera. Purchase of this equipment will enhance our vehicle abatement efforts. RECOMMENDATION: That Council appropriate unanticipated revenues in the amount of $3,250 from the San Diego Abandoned Vehicle Abatement Service Authority for purchase of a laptop computer and digital camera for the Abandoned Vehicle Abatement Program. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On March 18, 1999, the San Diego Abandoned Vehicle Abatement Service Authority approved purchase of a laptop computer and digital camera for the Chula Vista Police Department Abandoned Vehicle Abatement Program. The laptop computer will allow the AVA officer to track all abatement cases and retrieve DMV information in the field, thus saving time. The memory card for the digital camera will enable the AVA staff to take digital pictures of all abated vehicles. Currently, their digital camera holds eight digital pictures at a time before requiring downloading to the computer at the station. The number of vehicles investigated on a normal day exceeds this number. The memory card will eliminate the need to keep returning to the station to download the camera. Based on the department's needs and the additional efficiencies that can be created as a result of acquiring the equipment, the San Diego Abandoned Vehicle Abatement Service Authority will reimburse the department for purchase of this equipment Acceptance of the San Diego Abandoned Vehicle Service Authority funds will provide for the purchase of one laptop computer with software and digital camera. FISCAL IMPACT: There is no net fiscal impact to the general fund. /c2 // RESOLUTION )jy/cr RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING UNANTICIPATED REVENUES IN THE AMOUNT OF $3,250 FROM THE SAN DIEGO ABANDONED VEHICLE SERVICE AUTHORITY FOR PURCHASE OF A LAPTOP COMPUTER WITH SOFTWARE AND DIGITAL CAMERA FOR THE ABANDONED VEHICLE ABATEMENT PROGRAM. WHEREAS, on March 18, 1999, the San Diego Abandoned Vehicle Abatement Service Authority approved purchase of a truck, laptop computer with software and digital camera for the Chula Vista Police Department Abandoned Vehicle Abatement Program; and, WHEREAS, sufficient funds are available in the Police Department for purchase of the mid-size truck for the Abandoned Vehicle Abatement Program; and, WHEREAS, the unanticipated revenues need to be budgeted for purchase of the laptop computer with software and digital camera; and, WHEREAS, the laptop computer will allow the AVA Officer to retrieve DMV information in the field, thus saving time; and, WHEREAS, the laptop will also allow the AVA officer to open, close and update and track all abatement cases; and, WHEREAS, the memory card for the digital cameral will enable AVA staff to take digital pictures of all abated vehicles; and, WHEREAS, the San Diego Abandoned Vehicle Abatement Service Authority will reimburse the department for purchase of this equipment. NOW, THEREFORE, BE IT RESOLVED that the Chula Vista City Council does hereby appropriate unanticipated revenues in the amount of $3,250 from the San Diego Abandoned Vehicle Abatement Service Authority for the purchase of a laptop computer with software and digital camera for the Abandoned Vehicle Abatement Program. prn~"led by' fE- ,'1 ,., ~o.l¿~ Richard P. Emerson Police Chief Approved as to form by: - J~'~ fI~ C1ty Attorney ... .'. L ._) / ;¿ ~ :2-. COUNCIL AGENDA STATEMENT ITEM TITLE: /5 Item No.: Meeting Date: 4/13/99 R I· /91/ ( . th I d· I·· b eso utlOn mcreasmg e annua expen lture lITut etween Esgil Corporation and the City of Chula Vista to provide plan check engineering services, and amending the FY 1998-99 Budget to transfer funds from salary and benefits savings to professional services to cover the increase SUBMITTED BY: Director of Planning and Bnilding {~a ~ REVIEWED BY: City Manager ~L ~ (U xc' (4/5ths Vote: Yes_No--.X.J On June 2, 1998, City Council approved Resolution No. 19022 approving an agreement between the Esgil Corporation, 9320 Chesapeake Drive, San Diego and the City to provide plan check engineering services for the Department of Building and Housing on an as-needed basis. The previous resolution also established a maximum expenditure of $100,000 for these services during FY 98-99. Due to a higher than anticipated increase in construction activity and staff vacancies, the Department of Planning and Building is requesting this limit be raised by $75,000 in order to cover existing financial commitments and to address a continuing need for these services through the remainder of the current fiscal year. The additional cost of these services is fully recovered through building permit plan review fees. The Department is not requesting an additional appropriation of funds. Adequate funds are currently available within the Department's existing budget. RECOMMENDATION: That the City Council adopt the Resolution increasing the authorized limit for services from Esgil Corporation for plan review engineering services for FY 98-99 from $100,000 to $175,000, and authorize the amendment of budget transferring appropriations from salary and benefits savings to professional services. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Department of Planning and Building has experienced a tremendous increase in construction related workload. Council, in recognition of this, approved a significant budget adjustment to authorize the Department to begin hiring additional staff and securing needed equipment. During this ongoing recruitment period, considerable reliance has been placed on the use of Esgil Corporation to provide plan review services. The Department has been very satisfied with the quality and timeliness of the services and wishes to continue their use to respond to both peak workload demands and to address requests for reviews of projects having higWy complex structural issues. 13-/ Page 2, Item No.: Meeting Date: 4/13/99 The Department anticipates the need for these services to diminish as new full-time plans examiners are hired and trained. FISCAL IMPACT: All costs for plan review services, whether performed in-house or by the City's consultant are borne by the applicant in the form of plan check fees. The plan check fee provides sufficient revenue to cover both the cost of the plan review service provided by the vendor and the Departments administrative overhead costs. There is no additional cost to the permit applicant beyond the normal plan check as a result of having their plans reviewed by the City's plan review consultant. The Department is not requesting a budget adjustment to appropriate additional funds to cover this increased level of consultant services. Sufficient funds are available within the Department's current budget due to salary and other savings. BWR:bwr (C;\ WP8\consult\ESGmo299) /3"2 RESOLUTION NO. 19y/Q RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA INCREASING THE ANNUAL EXPENDITURE LIMIT BETWEEN ESGIL CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE PLAN CHECK ENGINEERING SERVICES, AND AMENDING THE FY 1998-99 BUDGET TO TRANSFER FUNDS FROM SALARY AND BENEFITS SAVINGS TO PROFESSIONAL SERVICES TO COVER THE INCREASE WHEREAS, on June 2, Resolution No. 19022 approving Corporation and the City to services for the Department of needed basis; and 1998, City an agreement provide plan Building and Council approved between the Esgil check engineering Housing on an as- WHEREAS, the previous resolution also maximum expenditure of $100,000 for these services 99; and established a during FY 98- WHEREAS, due to a higher than anticipated increase in construction activity and difficulties in recruiting qualified full-time plans examiners, the Department of Planning and Building is requesting this limit be raised by $75,000 in order to cover existing financial commitments and to address a continuing need for these services through the remainder of the current fiscal year; and WHEREAS, the additional cost of these services is fully recovered through building permit plan review fees; and WHEREAS, adequate funds are currently available within the Department I s existing budget through salary and benefits savings. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve increasing the annual expenditure limit between Esgil Corporation and the City of Chula Vista to provide plan check engineering services for FY 98-99 from $100,000 to $175,000. BE IT FURTHER RESOLVED City of Chula Vista does appropriations in the amount of salary savings and benefits to services expenditure account. that the City Council of the hereby approve transferring $75,000 from the Department I s the Department's professional Presented by Approved as to form by Robert Leiter, Director of Planning and Building H, \Shared\Attorney\Esgil /3 ~;J COUNCIL AGENDA STATEMENT ITEM TITLE: Item J Lj , Meeting Date 04/13/99 Resolution I tJ Ye2 tJ Approving Final Map of Chula Vista Tract No. 99-01, Eastlake South Greens Unit 18, Accepting on Behalf of the City of Chula Vista Public and Street Easements Granted on Said Map within Said Subdivision, and Approving the Subdivision Improvement Agreement for the Completion of Improvements Required by Said Subdivision and Authorizing the Mayor to Execute Said Agreement B) Resolution) 9 ;j;2 / Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract 99-01, Eastlake South Greens Unit 18, Requiring Developer to Comply with Certain Unfulf1lled Conditions of Resolution No. 19327 and Authorizing the Mayor to Execute Said Agreement SUBMITTED BY: Director OfPu~licWorksf ry./ REVIEWED BY: City Manager iß f-:b (4/5ths Vote: Yes_NoX) , ) \)~ ~/ ~ On July 18, 1989, by Resolution 15200, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 88-3, Eastlake South Greens. On January 5, 1999, by Resolution 19327, (see Attachment 1) City Council approved the Tentative Subdivision Map for Chula Vista Tract 99-01 for Eastlake South Greens Unit 18. The two resolutions contain conditions of approval applicable to Eastlake South Greens Unit 18. The Final Map, Subdivision Improvement Agreement and Supplemental Subdivision Improvement Agreement are now before Council for consideration and approval. A) RECOMMENDATION: That Council adopt the resolutions approving: (A) the Final Map, and Subdivision Improvement Agreement, and (B) the Supplemental Subdivision Improvement Agreement, BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: The project site is bordered by South Greensview Drive to the south, Hunte Parkway to the east, Eastlake South Greens Unit 27 to the north, and Hole 11 of the Eastlake Golf Course to the west. The fInal map for the subdivision consists of fIfty-two (52) single family lots and two open space lots on 9.86 acres. Plats of the subdivision are presented in Attachments 1 and 2. The fInal map for said subdivision has been reviewed by the Department of Public Works and found to be in substantial conformance with the approved Tentative Map. Approval of the map constitutes acceptance by the City of all sewer, drainage, and tree planting easements within the /Lj- / Page 2, Item Meeting Date 04/13/99 subdivision. Approval of the map also constitutes acceptance, on behalf of the public, of Ponte Vedra Way, Indian Creek Place and the remaining portion of Indian Creek Drive. At this time, the City is rejecting the dedication of Lots A and B for open space and other utility purposes. However, under Section 7050 of the Government Code of the State of California, these offers of dedication remain open and subject to future acceptance by the City. The two open space lots will be maintained by the Eastlake Home Owner's Association (HOA). The EastLake Company, LLC ("Subdivider") has entered into an agreement with Kaufman and Broad Coastal, Inc. ("Purchaser") such that the Purchaser is obligated to purchase at least a portion of EastLake South Greens Unit 18. The Subdivider and Purchaser have opened an escrow as to the proposed subdivision whereby the Subdivider will transfer at least a portion of its ownership interest in the proposed subdivision to the Purchaser. The Subdivider and Purchaser have jointly executed a Subdivision Improvement Agreement whereby the Subdivider guaranteed the subdivision monumentation and benchmarks and the Purchaser guaranteed construction of the required on-site public improvements. The Purchaser will only construct the on-site public improvements. The Subdivider has satisfied Resolution 19327 (see Attachment 3) Tentative Map Condition Nos. 3,4,5,6,7,8,9, 10, 11, 12, 13, 14, 15, 16, 18, 19,20,21,26,27,28,29,32, 33, 35, 36, 37, 39, 40, 42 and 47 through the design, grading and improvement plans, the bonding of work and the payment of all applicable fees, open space districts, easements and other conditions of project approval. The Subdivider has executed a Supplemental Subdivision Improvement Agreement in order to satisfy Resolution 19327 Tentative Map Condition Nos. 1,2,17,22,23,24,25,30,31,34,38, 41,43,44,45 and 46. The Disclosure Statement for the Subdivider and Purchaser is attached as Attachment 4. FISCAL IMPACT: All staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits. Attachments: Attachment 1: Chula Vista Tract 99-01, Easdake South Greens Unit 18 Location Map/Subdivision Plat Attachment 2: Chula Vista Tract 99-01. Eastlake South Greens Unit 18 Vicinity Map Attachment 3: Resolution #19327 (Tentative Map Conditions) Attachment 4: Subdivider's I Purchaser's Disclosure Statement [FILE NO. 0600-80-ELG18F] April 5. 1999 (2:23pm) H:\HOME\ENGINEER\LANDDEV\CASELGt8.GET /£j~2 RESOLUTION NO. J 9 Y,.2(} RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT NO. 99 - 01, EASTLAKE SOUTH GREENS UNIT 18, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA PUBLIC AND STREET EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 99-01, EASTLAKE SOUTH GREENS, UNIT 18, and more particularly described as follows: Being a subdivision of Lot 3 of Chula vista Tract NO. 88-3A, EastLake South Greens, Phase 2 and 3, in the City of Chula Vista, County of San Diego, State of California, According to Map Thereof NO. 13292, filed in the Office of the County Recorder of San Diego County, January 25, 1996. Area: 9.860 Acres Numbered Lots: 52 NO. of Lots: 54 Lettered Lots: 2 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted upon receipt by the city of Chula vista of all improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Ponte Vedra Way, Indian Creek Place and the extension of Indian Creek Drive and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that a deed granting an irrevocable offer of fee interest in Lots A and B is hereby presently rejected, but the Council reserves the right, pursuant to section 7050 of the California Government Code, to accept said irrevocable offer at some future time. BE IT FURTHER RESOLVED that on behalf of the City of Chula vista, and egress, the 5.50' Street Tree said Council hereby accepts with the rights of ingress Planting and Maintenance 1 / t¡/J 'I Easements, the 40' Sewer, Water and Storm Drain Easement, the 15' Storm Drain Easement and 10' General Utility Easements within Open Space Lots A and B, all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said council; that said council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, sewer, water and storm drain facilities and other public utilities, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego only upon the acceptance by the City of Chula Vista and its City Attorney of the improvement securities described in the Subdivision Improvement Agreement. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the 13th day of April, 1999 for the completion of improvements in said subdivision, a copy of which is on file in the office of the city Clerk is hereby approved. BE IT FURTHER RESOLVED Chula vista is hereby authorized agreement for and on behalf of the that the Mayor of the city of and directed to execute said city of Chula vista. Presented by Approved as to form by John P. Lippitt Director of Public Works Õ:~7(~çJ- Joh . Kaheny . City Attorney H,\Home\Attorney\RESO\ELSG.¡a 2 /'1 /-l ~ .2 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less 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 , 199__, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and THE EASTLAKE COMPANY, LLC, 900 Lane Avenue, Suite 100, Chula Vista, CA 91914, hereinafter called "Subdivider" and KAUFMAN AND BROAD COASTAL, INC., 12335 El Camino Real, Suite 100, San Diego, CA 92130, hereinafter called "Purchaser", with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Eastlake South Greens, Unit 18, Chula Vista Tract No. 99-01, 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, Purchaser is the holder of an option and acquisition agreement with Subdivider obligating Purchaser to purchase at least a portion of the proposed subdivision; and 1 JU :J WHEREAS, Subdivider and Purchaser have opened an escrow as to the proposed subdivision whereby Subdivider will transfer at least a portion of its ownership interest in the proposed subdivision to Purchaser; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider and its successor in interest, Purchaser, 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, and its successor in interest, Purchaser, 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 and Purchaser are 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 and Purchaser will install and complete, at their 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. 19327, approved on the 5th day of January, 1999 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work, and landscape restoration and miscellaneous street re- striping associated with the subdivision have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-1192 through 98-1196, 98-1188A and 99-187, respectively, all on file in the office of the City Engineer; and 2 piA -( WHEREAS, an estimate of the cost of constructing said public improvements, landscape restoration and miscellaneous street re- striping according to said plans and specifications has been submitted and approved by the City in the amount of Five Hundred Sixty Four Thousand Two Hundred Fifty Dollars and No Cents ($564,250.00) . NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider and Purchaser, for themselves and their successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adj oining said subdivision, including the improvements described in the above Recitals (" Improvement Work"); and will furnish the necessary materials therefor, 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 by Subdivider 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 Purchaser 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 Purchaser will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any 3 /Lj/9 -ç certificate of clearance for utility connections for said buildings or structures in said subdivision, and such 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 and Purchaser that, in the performance of said Improvement Work and monument installation, Subdivider and Purchaser 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. Purchaser 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 Two Hundred Eighty Two Thousand Two Hundred Dollars and No Cents ($282,200.00) which security shall guarantee the faithful performance of this contract by Purchaser and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Purchaser 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 Two Hundred Eighty Two Thousand Two Hundred Dollars and No Cents ($282,200.00) 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 Nine Thousand Dollars and No Cents ($9,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 4 /t//l ~ ~ 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. Purchaser 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. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, 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 Purchaser that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Impróvement 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 Purchaser, and that Purchaser shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Purchaser will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within 5 )'-//1 ~ 7 the proposed subdivision. It is further understood and agreed that Purchaser 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 Purchaser, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Purchaser 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 or Purchaser, their agents or employees, or indemnitee, related to this agreement. Purchaser 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 and Purchaser, their 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 subdi vision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider and Purchaser agree to defend, indemnify, and hold harmless the City or its agents, officers, and employees from 6 )£///-3' any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, voidl or annuli 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. (NEXT PAGE IS SIGNATURE PAGE) 7 / t/4 - / SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT EASTLAKE SOUTH GREENS, UNIT 18, CHULA VISTA TRACT NO. 99-01 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 THE EASTLAKE COMPANY, LLC, a California Limited Liability Company Please see attached signature page By: Mayor of the City of Chula Vista Its: ATTEST City Clerk KAUFMAN AND BROAD COASTAL, INC., a California Corporation Approved as to form by f~fr~ City A orney By: V0^ '---- Martin Lighter nk ,::"~' Li G n Its: Assistant Secretary (Attach Notary Acknowledgment) 8 /'/.4 ~ Iv CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .. " .! ., ^ ':~~ ., ~': .~ '. , , .. ~; " " -. . -:~>: -:"::',:~~ç">':!:~-=':'.,,"'Y:...,.ç{:~"""'-./' r:1'"'¿;;r:&{:,:;t..¿;;{,~'£:::f:.~.c:...£0;::....e..c:f:.£c.e~,ç::.·:::'-...:£-:c~-:<-.:::c::..-Ç::'....::;'£.:c~~:'. .:'. _ ::-:::~: ::.~ ~~> ::::::-_,:-:',::~.::_ _ ' (;/jfíi1/l? County of ,c.;'7 ¿;¡"'" On .;þn.J ~ /9 'l '" j¡ Ka State of before me, Name rille 01 Onlcer (e.g.. -Jane Doe. NOtary !-'ubhÇ ¡?n:1 ~-i2r7 //.4./1þ/"/1'71:" Name(s) ot ¡gner(s) I ;v( personally known to me - OR -= proved to me on the basis of satisfactory eVidence to be the person(s) T' whose name(s) e'are subscribed to the within instrument and acknowledged to me that i:!et&Ae/they executed the same in FlisfAer/their authorized capacity(ies), and that by Ai5fRer/their signature(s) on the instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the instrument. 6<,W,7 personally appeared . ..... ......--.. -........ .... .A "" -. ...... -.. -"'---^-1 ,!. JUDY S. COLE ~ ()" Comm.1I1147838 CJ ... NOTARY PUBLIC - CAUFORNIA~ ') S-'N DIEGO COUNTY ~ J '; _ :. _ '_ _ C~m~. :XP.:.JU~ ~1. ~OO~ t WITNESS my hand and official seal. ~w<.([~r¿~ 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 <;j ,p¡'¡<;/frJ -- -¡- d¡- J I /7'/J1?11'vr/J' -1((( /?i!L/J ( // Number of Pages: Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ,. Individual o Corporate Officer Title(s): . , Partner - !:J Limited C General o Attorney-in-Fact C Trustee o Guardian or Conservator o Other: Top 01 thumb here Individual o Corporate Officer Title{s}: o Partner - G Limited C General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: " Top ot tnumD here Signer Is Representing: Signer Is Representing: . -- - - -',- .' .>.. '..:.~ -.::. :,;,:",:.~ ''':''~ '..:,:'.:..... '.:::~...:.",;. -.:.",;. -L. ~..:.,. ~ ·..:..;,,:.C;.:.·..:.. ~ ..:.~~..::..:.:.~:.: ...:....~ "':""L"';' ..:....:-.:.~;.c;(....:.:;,;.-..:.~~ ..:..;.. ..:,~ ...:.,...:... ~L¿. -..:...;.:. ':..v~,:,,/:........,:. ~ Reorder: Call TOil-Free 1·800·875·6827 Q 1995 N"'tiorIat NOlaryAUOQ.Ilion 4 8236 RemmeIAVtI.. P.O. Box 7'~ ·Caooga Park, CA9'309-7'~ Prod. No. 5907 /5//1-// r ., i ,1 , .~ 0; '~ ,~ 6 2 " ~ c: ~ ~ '; " ~ .0 .~ ~, :~ (\ /": ~ '?, c, If ',-.;' q , - '"> ,~. 'S ^ " ,) .í .~ " .) ~ ! .. :: '-~ 'J ~ ~ ':2, .., .~ New EastLake Signature Block By: LC By: ~. I\;¡ oxham, Vice President /f A ~/.,2, CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT No. 5907 c~ ¡ ~ Ù-c.L ~ On 1I-~d^ ~( I~'!'ï before me, )¿£tL<A.tU ('.?- ,p I1d.L ",«6/,"<- DÀTE NAME, TITLE OF OfFICER ~.-. "JANE DOE, NO~Y PUBLIC" personally appeared vJ ;J.L: ~ t: Ó 11+~ a-J... A. ~m è>c ~ , NAME(S) OF SIGNEA(5) ~SOnaIlY known to me - OR - D PIO"Cel te mo en the basis of satisfa¡;:tery ovidence to be the person(s) whose name(s) tslare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in hißf ;cr/their authorized capacity(ies), and that by hi£/hef/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. State of County of j@ SILVANAC.BRAZELl f - , COMM. '1169721 n ~. lIlTAll\' PlIIIIIC-GILFORNIA en (. SAN DIEGO COUNTY n . Cornmi8lion Expirøs ..to J . ." ~BRUARY 12, 2002 I WITNESS my hand and official seaL ),Jua...uJ r:. ('11~ SIGNATURE OF NOTAR OPTIONAL Though the data below is not required by law, ~ may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTIDN OF ATTACHED DOCUMENT L~cL¡~'a.-:Ê~D~~ TITLE OR TYPE OF OCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTTTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ¡SP;?ON J)Remmet Ave., P.O. Box 7184' Canoga Park. CA 91309·7184 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $282,200.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $282,200.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $9,000.00 Securities approved as to form and amount by f'.4~df;/LC; ~~ f City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. H:\home\attorney\sia\ELSG.18 9 )t//J ;1;/ RESOLUTION NO. /9 J/J-/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 99-01, EASTLAKE SOUTH GREENS, UNIT 18, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19327 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developers of EastLake South Greens, unit 18 have executed a Supplemental Subdivision Improvement Agreement (SSIA) in order to satisfy Conditions of Resolution No. 19327 for Chula vista Tract No. 99-01. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula vista Tract No. 99-01, EastLake South Greens, Unit 18, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the city of Chula vista. Presented by Approved as to form by John P. Lippitt Director of Public Works @~~ Jo . Kaheny City Attorney H:\Home\Attorney\ReSO\ELSG18.Sup J£j!J - / P£~~P~ING RE~~37 BY, C':'-:y Cle~k WHEN RECORDED w..I:L TO, CITY OF c:HtJL;.. VIS'I'Jl. 276 Fourth Av~ue Chula Vista, ~. 91910 Nc ':ransfer tax is åue as this is a conveyance to a public agency of less than a fee interes,: for which no cash consiãe=ation has been paiã or received. Developer Above Space for Re~crde='s Us~ Su~PLEME~~Þ~ SUBDIVISION IMPROVEMENT AGREEME~~ FOR EASTLAKE SOUTH GREENS UNIT 18 (C8nditions 1, 2, 17, 22, 23, 24, 25, 30, 31, 34, 38/ 41/ 43, 44, 45 and 46 of Resolutio:-... 19327) This Supplemerrtal Subdivision Improvement Agreemen: ("Agree- ment II) is maàe this _ day of , 1999, by a.:..""1ê be~we:'2:: ':'::::=: CITY OF CHU.wA VISTA, CalifoTI"lia (II City" or "GraD tee 11 ::0::- ~~c:::::-::...::..:::; pUL~oses only) and ~~ EASTLAKE COMPANY, LLC, A ~~IFO~~IA ~=M=~E~ LIÞ.3ILITY COMPANY (nDevelope~1I or 11 Grantor II ), wir:h re::e.::-e::ce :.:: :.:-_= fac~s set forth below f which recitals constitute a pa::-:: c::: ----- Ag=.-eement: RECITALS A. This Agreemen~ concerns and affects certain re~~ proper~y 18cated in Chula Vista, California, more particularly descr~~ed O~ Exhibit "An attached hereto and incorporated herein ("?yoper:yn). The Property is referyed to as Eastlake South Greens unit 18, C~ula Vista Tract 99-01. For purposes of this Agreeme:lt the ~er;n II proj ect II sl-.I.all mean II Prope:r-tyll . 1 Jf[f~J ~ Developer is the owner of the Proper:y. C. Developer has applied for and the City has app~ove¿ a Te~=ative Subdivision Map commonly referred to as Chula Vista Tra== 99-01, EASTLAKE SOUTH GREENS UNIT 18, ("Tentative Subdivisior: MaF") for the subdivision of the Property. D. The City has adopted Resolution No. 19327 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution, a copy of which is attached hereto as Exhibit "E" and incorporated herein. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property ~~til released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the bene::it 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 ~íd in its own right and for the purposes 0:: protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants ~~~ing 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 proceed- ings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. 2 ;'//J-j å. Developer Release on Guest Builder Assignments. 1= Develope= assigns any portion of the Project, Developer may hav~ the right t~ obtain a release of any of Developer's obligati~~s under this Agreement, provided Developer obtains the prior written COD.Sent of the City to such release. Such assignment shall, however, be subj ect to this Agreement and the Burden of 1:his Agyeement 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 tr~s Agreement, and demonstrates, to the reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. ~= Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not, in the opiDion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. 2. Condition No.1 of Resolution No. 19327. In satisfaction of Condition No.1 of Resolution No. 19327, the Developer agrees to comply with any and all u.~fulfilled conditions of approval applicable to the Eastlake South Greens, Chula Vista Tract 88-03, Tentative Map established by Resolution No. 15200 approved by Council on July 18, 1989, and amended by Resolution 17618 on Au~~st 16, 1994. 3. Condition No.2 of Resolution No. 19327. In satisfaction of Condition No.2 of Resolution No. 19327, the Developer agrees to install public facilities in accordance with the Eastlake South Greens, Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the Ci1:Y of Chula vista. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a :!'evision. 3 Jtf!J~1' 4. Condition No. 17 of Resolution No. 19327. Ir. . - . sa=lsract2.~:: of ConditioL No. 17 of Resolution No. 19327, the Deve18per agrees to submit "as built" improvement and grading plans as ::-egui::-ed by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. 5. condition No. 22 of Resolution No. 19327. of condition No. 22 of Resolution No. 19327, the that the City may withhold building permits subdivision if anyone of the following occur: In sat.isfaction Developer agrees for the subj ect a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. c. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to 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 Planning Directo::- and Public Works Director. 6. Condition No. 23 of Resolution No. 19327. In satisfaction of condition No. 23 of Resolution No. 19327, the Developer agrees to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or a=ul any approval by the City, including approval by its Pla=ing Commission, City Councilor 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 subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 4 JL/ß r-S 7. Condition No. 24 of Resolution No. 19327. In satisfac~ion of Condition No. 24 of Resolution No. 19327, the Developer agrees to hold the City harmless from ~~y liability for erosion, siltation or increase flow of drainage resulting from this project. 8. Condition No. 25 of Resolution No. 19327. In satisfaction of Condition No. 25 of Resolution No. 19327, the Developer agrees to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 9. Condition No. 30. of Resolution No. 19327. In satisfaction of condition No.30 of Resolution No. 19327, the Developer agrees to comply with the terms and conditions of the Acquisition/Financing Agreement for Assessment District 94-1, CO 94-064, approved by Council Resolution 17483 as said terms and conditions may be applicable to this development. 10. Condition No. 31. of Resolution No. 19327. In satisfaction of Condition No. 31 of Resolution No. 19327, the Developer agrees to be responsible for street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The use of root barriers (cones) shall be included where necessary to reduce the impact of root systems disrupting adjacent sidewalks and rights-of-way. 11. Condition No. 34 of Resolution No. 19327. In satisfaction of Condition No. 34 of Resolution No. 19327, the Developer agrees that for walls which are located within the open space maintenance district, owners of adjoining lots shall sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall also be reflected in the CC&R's for each lot, 5 /t/(J'--þ and a copy of said ~est~ictions shall be provided to the City for its approva2._ 12. Condition No. 38 of Resolution No. 19327. In satisfaction of Condition No. 38 of Resolution No. 19327, the Developer agrees that the Declaration of Covenants, Conditions and Restrictions shall include provisions assuring maintenance of all open space a~eas as applicable, streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as pa=ty to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. 13. Condition No. 41 of Resolution No. 19327. In satisfaction of Condition No. 41 of Resolution No. 19327, the developer ag~ees 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. 14. Condition No. 43 of Resolution No. 19327. satisfaction of Condition No. 43 of Resolution No. 19327, Developer shall pay all applicable fees in accordance with the Code and Council Policy, including, but not limited to, following: In the City the a. The Transportation and Public Facilities Development Impact Fees. b. Signal Participation Fees. c. ~~l applicable sewer fees, including but not limited to sewer connection fees. d. SR-125 impact fee. e. Telegraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee. 15. Condition No. 44 satisfaction of Condition No. Developer shall comply with all of Resolution No. 19327. In 44 of Resolution No. 19327, the relevant Federal, State, and Local 6 jt/ß--- ? re~Jlations, inclu¿in; the Clean Water Act. The develoDer shall ~e responsible =~r provi¿~~g all requireà tes~ing anà documen~a~ion =8 demonstration said compliance as required by the City Engineer. ~6. Condition No. 45 of Resolution No. ~9327. In satisfaction of Condition No. 45 of Resolution No. 19327, the Developer agrees that all fire hydrants shall be installed and operable and 20' fire access roads shall be usable prior to delivery of any combustible construction materials. ~7_ Condition No. 46 of Resolution No. ~9327. In satisfaction of Condition No. 46 of Resolution No. 19327, the Developer shall design all dwelling units to preclude interior . noise levels over 45 dBA and shield all exterior private open space to limit noise exposure to 65 dBA. 18. Satisfaction of conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Condition Nos. 1, 2, 3, ~7, 22, 23, 24, 25, 30, 31, 34, 38, 41, 43, 44, 45 and 46 of Resolution No. 19327. 19. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Eastlake South Greens Unit 18 Tentative Map No. 99-01(adopted by Resolution No. 19327) and shall remain in compliance with and implement the te!:ms, conditions and provisions of the Resolution. 20. prepared party. Recording. by either or This Agreement, or an abstract both parties, may be recorded by hereof either 21. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer with reasonable time to cure said breach. 22. Miscellaneous. or by a. law, Notices. Unless otherwise provided in this Agreement any and all notices required or permitted by this 7 /ij!J~ ¿r Ag=eement 0= by law to be served on or delivered to either par~y shall be in ~iting and shall be deemed duly served, deliveyed, 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 registe=ed mail, retu-~ 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 9l9l0 Attn.: Director of Public works Developer: The Eastlake Company, LLC 900 Lane Avenue, Suite lOO Chula Vista, CA 9l9l4 Attn.: William T. Ostrem 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 contai!2s 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. 8 /t/ß ~ I e. Recitals; Exhibits. Any recitals se: forth above and exhibits referenceå herein are incorporated by reference iTI~c th:±.s Agreeme:lt:. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforce- ment or rescission hereof, the prevailing party will be entitled ~o a judgment against the other for an amount equal to reasonable attorney's fees and court COS1:S incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) 9 JJjß/ /0 SIGNATURE PAGE TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEME~ EASTLAKE SOUTH GREENS, UNIT 18 CHULA VISTA TRACT NO. 99-01 IN WITNESS WHEREOF, the parties hereto have caused t::is Agreement to be executed the day and year first hereinabove set foyth. THE CITY OF CHULA VISTA THE EASTLAKE COMPANY, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY Mayor of the City of Chula Vista ~ By: . *1lliam T. Ost em Its: President By: L ATTEST City Clerk Approved as to form by ~c~ Cit torney (Attach Notary Acknowledgment) ii: \m»Œ\JmGDIBER.\I.Þ.HDDr1\strPELGJ.8 .GET 10 /LI (J --- / / CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT No. 5907 State of c:::a.¿jl-~ County of ,gaY' D '0 On +w 7, /11'1 before me, j;¡¿,.iiLvWC ~<L~,z{(', flC-tt.!::::+---t<0/'c.. DATE NAME, T1Tl£ OF OFFIc!B· E.G., 'JANE ~~OTAAY PUBUG"' personally appeared /ÆÙ@.ktk-1J1. ¿)rfMW1 cud A ¿PI"""'.") tr)Cl<h4..w-J , /' NAME(S) OF SIGNER(S¡ 0" personally known to me - OR - 0 pro'/ed to m... n" thø bS'sis of satisfaGtGry evidence to be the person(s) whose name(s)~/are subscribed to the within instrument and ac- knowledged to me that Ac.'she/they executed the same in i:lis.'l'Ie-f/their authorized capacity(ies), and that by fli3.'Rer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. J@.SILVANAC'BRAZELL ~ U I ..£9,MM. .1169721 (1 en.. .......... ~IA tn U BAN DIEGO COUNTY (1 I My ComnUoion ExP/18S - . FËBRUARY 12, 2002 I WITNESS my hand and official seal. xliultLia) [7, ~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. DESCRIPTION OF ~TTACH~D DOCUMENT ¥~~ 4-J¡d,,~vu'~ ~¥to{~ ~1iæ1ot'l2A.sf- TITLE OR TYPE F DOCUMENT CAPACITY CLAIMED BY SIGNER o INDIVIDUAL o CORPORATE OFFICER T1T1.E{S) o PARTNER(S) o UMITED o GENERAL NUMBER OF PAGES o ATTORNEY-IN-FACT o TRUSTEE(S) o GUARDIAN/CONSERVATOR o OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S) OR ENTfTY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Q1993 NATIONAL NOTARY ASsçCIATION· 8236 Aemmet Ave., P.O. Box 7184· Canoga Park, CA 91309-7184 /1{f-/.2 EXHIBTT "A" BEING A SUBDIVISION OF LOT 3 OF CHULA VISTA TRACT NO. 88- 3A EASTLAKE SOOTH GREENS, PHASE 2 AND 3, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13292, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 25, 1996. Jie/I;! EXHIBIT "Bn RESOLUTION NO. 19327 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS OF THE TENTATIVE SUBDIVISION MAP FOR EASTLAKE SOUTH GREENS UNIT 18. CHULA VISTA TRACT NO 99-01 L RECIT ALS A. Project Site WHEREAS. the area of land commonly known as EastLake South Greens. Unit 18 Tentative Subdivision Map. Chula Vista Tract 99-01. which is the subject matter of this resolution, is diagrammatically represented in Exhibit" A" attached hereto and incorporated herein by this reference; and for purpose of general description herein consists of 9.86 acres located on the west side of Hunte Parkway bordered by South Greensview Drive to the south within the EastLake Greens Planned Community and PC zone District ("Project site"); and B. Project; Application for Discretionary Approval WHEREAS, on September 2. 1998. the EastLake Company ("Developer") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map known as EastLake South Greens Unit 18. Chula Vista Tract 99-01 in order to subdivide the Project site into 52 single-family residential lots and two open space lots ("Project"); and C. Prior Discretionary Approvals WHEREAS. the development of the Project Site has been the subject matter of 1 I a General Development Plan. EastLake II (EastLake I Expansion) previously approved by City Council Resolution No. 15198 ("GDP") on July 18. 1989; 2) the EastLake Greens Section Planning Area Plan, previously adopted by City Council Resolution No.1 5199 (SPA) on July 18, 1989; 3) an Air Quality Improvement Plan (EastLake Greens Air Quality Improvement Plan); 4) a Water Conservation Plan (EastLake Greens Water Conservation Plan) and Public Facilities Financing Plan (EastLake Greens Public Facilities Financing Plan). all previously approved by the City Council on November 24. 1992, by Resolution No. 16898; 5) EastLake Greens Master Tentative Subdivision map. approved by Resolution No. 17618; and 6) FEIR 86-048; and D. Environmental Review Coordinator Determination WHEREAS, this Project is a subsequent activity in the development environmentally evaluated under FEIR 86-048. that is virtually identical in all relevant respects. including lot size. lot numbers, lot configurations. transportation corridors. etc.. to the project descriptions in said former environmental evaluation; and WHEREAS. the City Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the SPA Pian and the reiated environmental documents and that the Project would not result in any new environmental effects that were not previously identified. nor would the proposed Project result In a substantial increase in severity in any envir9'Jl!'enta} effects previously identified; and /115-/'/ Resolution i 9327 Page 2 _. Planning Commission Record on Application WHEREAS. the Planning Commission held an advertised public hearing on said project on November 11. 1998. and voted 4-0 to recommend that the City Council approve the Project based upon the findings and subject to the conditions listed below; and F. City Council Record of Applications WHEREAS. a hearing was heid at the time and place as advertised on January 5. 1999 in the Council Chambers. 276 Fourth Avenue. before the City Council and said hearing was thereafter closed. NOW. THEREFORE. BE IT RESOLVED that the City Council does hereby find. determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this Project held on November 11. 1998. and the minutes and Resolutions resulting therefrom. are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEOA The City Council hereby finds that the Project implements and falls under the purview of FEIR 86-04(B) and that no further environmental review is necessary. IV. CEOA FiNDING REGARDING PROJECT WITHIN SCOPE OF PRIOR PROGRAM EIR The City Council hereby finds that: (1) there were no changes in the Project from the FEIR 86-048 which would require revisions of said report; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous report: (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior report; and that. therefore. no new effects could occur or no new mitigation measures will be required in addition to those already in existence and made a condition for Project implementation. Therefore. the City Council approves the Project as an activity that is within the scope of the project covered by FEIR 86-048. v. INCORPORATION OF ALL REASONABLE MITIGATION MEASURES AND ALTERNATIVES. The City does hereby readopt and incorporate herein as conditions for this approval all appiicable mitigation measures and alternatives. as set forth in the findings adopted in FEIR 86-048. VI. NOTICE WITH LATER ACTIVITIES The City Council does hereby give notice. to the extent required by law. that this Project was fully described and analyzed and is within the scope of FEIR 86-048 /'11] - /_~ Resolutior¡ 19327 Page 3 adequately describes and analyzes this project for the purposes of CEQA. Notice on the FEIR 86-048 was given on December 19,1995. VII. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Councii finds that the Tentative Subdivision Map, as conditioned herein for EastLake South Greens Unit 18. Chula Vista Tract No. 99-01 is in conformance with the EastLake II General Development Plan, EastLake Greens Sectional Planning Area Plan and the elements of the City's General Plan based on the following: 1 . Land Use The General Development Plan designation is Low/Medium Density Residential (3-6 du/ac) and the SPA allows 54 dwelling units at a density of 5.5 du/ac. The proposed 52 lot subdivision is within the allowable density and permitted number of dwelling units. Therefore, as conditioned. the Project is in substantial compliance with the City's General Plan. EastLake II General Development Plan (GDP) and EastLake Greens Section Planning Area (SPA) plan. 2. Circulation All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan and Development Agreement. The public streets within the Project will be designed in accordance with the City design standards and/or requirements and provide for vehicular and pedestrian connections with adjacent streets 3. Housing Resolution No. 15751 adopted by the City Council on August 7. 1990 requires the developer to provide ten percent of the total number of units allowed in the EastLake Greens Planned Community for low and moderate income households. In July 1995, the City Council approved a program and the applicant entered into an agreement for the provision of affordable housing within the EastLake Greens Planned Community. The program outlines the required number of low and moderate income units. the proposed location and the implementation schedule. 4. Conservation The Environmental Impact Report FEIR-86-04(B) addressed the goals and policies of the Conservation Element of the General Plan. The development of this site is consistent with these goals and policies. /tjß ~/? Resolution 19327 Page 4 5. Parks and Recreation, Open Space The EastLake Greens Section Planning Area (SPA) plan provides public and private parks. trails and open space consistent with City policies. 6. Seismic Safety The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. 7. Safety The Fire Department and other emergency service agencies have reviewed the proposed subdivision for conformance with City safety policies and have determined that the proposal meets the City Threshold Standards for emer{ ency services. B. Noise Noise mitigation measures included in the Environmental Impact Report FEIR- 86-04(8) adequately address the noise policy of the General Plan. The Project shall be designed so that all dwelling units preclude interior noise levels over 45 dBA and exterior noise exposure to 65 dBA. in accordance with the City's performance standards. 9. Scenic Highway The Project is not adjacent to scenic highways. 10. Bicycle Routes When the street system in the EastLake Greens pianned community was originally considered. appropriate bicycle lanes were included within the community. The private streets within the project are of adequate width to accommodate bicycle travel interior to the site. 11. Public Buildings No public buildings are proposed on the project site. The Project is subject to RCT fees prior to issuance of building permits. B. Pursuant to Section 66412.3 of the Subdivision Map Act. the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the availabie fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum sitting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. /'-/ß- !? Resolution 19327 Page 5 D. The site is physically suitable tor residential development and the proposal conforms to all standards established by the City tor such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VIII. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Project is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in the Master Tentative Map, Tract No. 88-03, Resolution No. 15200, Chula Vista Tract No. 99-01, and FEIR 86-04(B) Mitigation Measures except as modified by this Resolution. B. Implement Previously Adopted Mitigation Measures Pertaining to the Project Developer shall diligently implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report FEIR 86-04 (B1. C. Implemerrt Previously Adopted Conditions of Approvai Pertinent to Project Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of approval of the East~ake Greens Master Tentative Map, Chula Vista Tract 88-03, established by Resolution No. 15200 and approved by Council on July 18, 1989, and shall remain in compliance with and implement the tenns, conditions and provisions of the Eastlake Greens Sectional Planning Area (SPA) plan, General Development Plan, Planned Community District Regulations, Water Conservation Plan, Air Quality Improvement Plan, Residential Design Guidelines and Public Facilities Financing Plan as amended and as are applicable to the property which is the subject matter of this tentative map, prior to approval of the Final Map or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures, as the City may require, assuring that after approval of the Final Map, the developer shall continue to comply with, remain in compliance with, and implement such plans. D. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Eastlake Greens /"lff - / """public Faciiities Financing Plan, as amended or as required by the City Engineer, ð to met threshold standards adopted by the City of Chula Vista. The City Resolution i 9327 Page 6 Engineer and Planning Director may, at their discretion, modify the sequence of Improvement construction should conditions change to warrant such a revision. E. Design Approval The applicant shall develop the lots in accordance with the applicable EastLake Greens Development Regulations and Design Guideiines. The plans for this residential project shall be submined for review and obtain approval under the City's design review process prior to subminal for building permits. F. Tentative Subdivision Map Conditions Prior to approval of the first final map, unless otherwise indicated, the Project shall: 1. Comply with any and all unfulfilled conditions of approval applicable to the EastLake South Greens, Chula Vista Tract 88-03, Tentative Map established by Resolution No. 15200 approved by Council on July 1 8. 1989, and amended by Resolution 17618 on August 16,1994. 2. Install public facilities in accordance with the EastLake South Greens, Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. STREETS. RIGHTS-OF-WAY AND PUBLIC IMPROVEMENTS 3. Design and construct all street improvements in accordance with Chula Vista Design Standards, Chuia Vista Street Standards, and the Chula Vista Subdivision Manual unless otherwise approved by the City Engineer. Submit for approval by the City Engineer improvement plans detailing horizontal and vertical alignment of said streets. Said improvements shall inciude, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer and water utilities, drainage facilities, street lights, signs, cul-de-sacs, street knuckles and fire hydrants. 4. Guarantee prior to approval of the Final Subdivision Map, the construction of public street improvements (streets, sewer, drainage, utilities, etc.) deemed necessary to provide service to the subject subdivision in accordance with City standards. 5. Submit and obtain preliminary approval for proposed street names from the Director of Planning and the City Engineer, Dedicate to public use, the right of way for all streets shown on the Tentative map within the subdivision. / t/ ß -/9 Resolution 19327 Page 7 6. Street light locations shall be approved by the City Engineer. 7. Construct five and one half foot (5 y,) sidewalks and constn.¡ct pedestrian ramps on all walkways to meet or exceed the" Americans with Disabilities Act" standards. B. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 9. All streets which intersect other streets at or near horizontal or vertical curves must meet intersection design sight distance requirements in accordance with City standards. 10. All sanitary sewer facilities required for development of any lot subject to Telegraph Canyon Sewer Pumped Flows DIF or Salt Creek Sewer Basin DIF shall be guaranteed prior to recordation of the Subdivision Final Map for said lot. GRADING AND DRAINAGE 11. Submit hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. 12. Storm drain design shall be accomplished on the basis of the requirements of the Subdivision Manual and the Grading Ordinance (#1797 as amended), 13. Provide improved access to all storm drain clean outs or as approved by the City Engineer. 14. Submit to and obtain approval from the City Engineer for an erosion and sedimentation control pian as part of grading plans. 15. Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. 16. Design the storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer. 17. Submit "as built" improvement and grading plans as required by the City Subdivision Manual. Additionally, provide the City said plans in a digital D.X.F. file format. 1 B. Lot lines shall be located at the top of slopes except as approved by the· City Engineer. Lots shall be so graded as to drain to the street or an /'ß~,;L¿J Resoiution ; 9327 Page 8 approved drainage system. Drainage shall not be permined to flow over slopes. 19. All grading and pad elevations shall be within 2 feet of the grades and elevations shown on the approved tentative map or as otherwise approved by the City Engineer and Planning Director. 20. Pnor to approval of Final Subdivision Map. the Developer shall submit . a list of proposed iots indicating whether the structure will be located on fill. cut. or a transition between the two situations. 21 . The inclination of each cut or fill surface resulting in a slope shall not be steeper than 2: 1 (two horizontal to one vertical) except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geologicai and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5: 1) contingent upon: a. Submission of reports by both a soils engineer and a certified engineering geologist containing the results of surface and subsurface exploration and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in their professional opinion. the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property. and b. The installation of an approved special slope planting program and irrigation system. c. A "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fill. between single family lots and not parallel to any roadway. AGREEMENTS 22. Agree that the City may withhold building permits for the subject subdivision if anyone of the following occur: a. Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. b. Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards in the then effective Growth Management Ordinance. c. The required public facilities. as identified in the PFFP or as amended J' I!J - ,)/ or otherwise conditioned have not been completed or constructed to 7 ~ Resolution 19327 Page 9 satÎsfaction 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 P¡:¡::P may be amended as approved by the City Planning Director and Public Works Director.· . 23. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside. void or annul any approval by the City, including approval by its Planning Commission, City Councilor 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 subdivider of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. 24. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 25. Agree to ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. OPEN SPACE/ASSESSMENTS 26. Grant an Irrevocable Offer of Dedication (100), on the Final Map for Open Space Lots A and B within the subdivision. 27. Provide written verification to the satisfaction of the City Engineer and Director of Planning and Building that all improvements located on open space lots" A" and "B" will be incorporated into and maintained by the existing EastLake Homeowners Association. 28. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Submit an apportionment form and provide a deposit to the City estimated at $4.050.00 ( $25 per lot X 54 lots X 3 districts) to cover costs. 29. Submit all Special Tax and Assessment disclosure forms for the approval of the City Engineer. 30. Comply with the terms and conditions of the Acquisition/Financing / £/Il / ¿},;L Agreement for Assessment District 94·,. CO 94·064, approved by Resolution 19327 Page 10 Council Resolution 17483 as said terms and conditions may be applicable to this development. 31. The Developer shall be responsible for street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The applicant shall provide root control methods where necessary as approved by the Director of Public Works or designee and the Director of Planning or designee. 32. Maintenance of all facilities and improvements within open space areas covered by home owners associations shall be covered by CC&Rs to be submined and approved by the Engineering Department prior to approval of the associated final map. 33. All utilities which service open space shall be located within the open space or within dedicated City right-of-way. 34. For walls which are located within the open space maintenance district. owners of adjoining lots shall sign a statement when purchasing their homes that they are aware that the wall is on Open Space property and that they may not modify or supplement the wall or encroach onto Open Space property. These restrictions shall also be reflected in the CC&Rs for each lot, and a copy of said restrictions shall be provided to the City for its approval. EASEMENTS 35. Grant on the final map a minimum 15' wide easement to the City of Chula Vista for construction and maintenance of sewer facilities within Open Space Lot B. 36. Grant on the final map minimum 15' wide easements to the City of Chula Vista for construction and maintenance of storm drain facilities within Open Space Lot B and Lot 30. 37. Grant to the City a 5.5 foot wide street tree planting and maintenance easement along all public streets within the subdivision. Said easement shall extend from the property line and shall contain no slope steeper than 5: 1 (horizontal to vertical ratio ). MISCELLANEOUS 38. The Declaration of Covenants, Conditions and Restrictions shall include provisions assuring maintenance of all open space areas as applicable. streets, driveways, drainage and sewage systems which are private. The City of Chula Vista shall be named as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. /Ljß~/-) Resolution 19327 Page 11 39. Submit copies of Final Maps in a digital format such as (DXFI graphic file prior to approval of each Final Map. Provide Computer Aided Desigr1 (CAD) copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/4 n HD or 3-1/2 n disks. Submit as-built improvement and grading plans in digital format. Provide security to guarantee the ultimate submittal of improvements and grading digital files. Update electronic files after any construction pen and ink changes to the grading or improvement plans and resubmit to the City. 40. Tie the boundary .of the subdivision to the California System - Zone VI (1983). CODE REOUIREMENTS 41. 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 Chuia Vista Subdivision Ordinance and Subdivision Manual. 42. Underground all utilities within the subdivision In accordance with Municipal Code requirements. 43. Pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: 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.SR-125 impact fee. e. Telegraph Canyon Pump Sewer Fee. f. Salt Creek Sewer Basin Fee. 44. The developer shall comply with all relevant Federal, State, and Local regulations. including the Clean Water Act. The developer shall be responsible for providing all required testing and documentation to demonstration said compliance as required by the City Engineer. 45. All fire hydrants shall be installed and operable and 20' fire access roads shall be usable prior to delivery of any combustible construction materials. /1fj?~~i.6. Design all dwelling units to preclude interior noise levels over 45 dBA Resolution i 9327 Page i 2 and shield all exterior private open space to limit noise exposure to 65 dBA. 47. Deveiopment of the subdivision shall comply with all applicable reguiations established by the United States Environmental Protection Agency (USEPA) as set forth in the National Pollutant Discharge Elimination System (N.P.D.E.S.! permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements. Further, the applicant shall file notice of intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution preventi on and pollution control measures and shall identify funding mechanisms for post construction control measures. IX. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted. deny. or further condition issuance of all future buiiding permits, deny. revoke. or further condition all certificates of occupancy issued under the authority of approvals herein granted. institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Councii that its adoption of this Resolution is dependent upon the enforceability of each and every term. provision and condition herein stated; and that in the event that anyone or more terms, provision. or conditions are determined by a Court of competent jurisdiction to be invaiid. illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by f~/ /d:- Q/'~~ JOt;.~ Kaheny Ci~ttorney ---.... L/ Robert A. Leiter Planning Director / £j" (5 - ".2 !? ;::j'-' H - =¥~ I, ~ :~5"T1 ~K" , ~~~~VCtU3 Resolution 19327 Page 1 3 EXHIBIT A \ ~ , "- "-- ~UïU?= S;STL';Y..= ï?...!..ILS ~ y I \ = \ PROJECT \/ LOCATION 1- " \ \ , , \ \ C HULA VISTA PLANNI NG & BUILDING DEPARTMENT LOCATO? PROJE::T ïn~ ::'2stlak~ C:¡;,,;,,;:;a~)' P'A:::JE._, DES=RIPT1:J1-t C) ",PP¡J:A,h"T: 'Ozs::".. Un<: ~ tj" !! ~ ..¿ t Tentative Subdivision Map PR:lJE=ï ?~:Ju~st ?ro~os,¡¡ !,:)~~: su~::Iivis.¡:¡;¡:::I: a 5.e õ=:: ~:!: ¡:"It:! J.: :JRESS: 52 resi::le:"l~a! I:;~ 3:"1: 2 :::;>~:"¡ s;;a::e b:.s. S::A:..£: ._t~=_~~~~-- ~t...______ .,-- .. .. " ---......--..-...-..... .---. - .---..-------.,.-......"'.--- ;:¡~solution 19327 Page 14 PASS,,'). APPROV"'). and A:JO"'T"O by the City Council of the City of Chuia Vista, California, thIs 5'" day of January, 1999, by the following vOte: AYES: Councilmemb~rs: DavIs, Moot, Padilla and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Salas ABSTAIN: Councilmembsrs: None ~~ Shirley Hort ,Mayor ATTEST: - -'{l j II Á í~;v..l b./o.-J Susan Bigelow, City Clerk U STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA J, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19327 was duly passed, approved. and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 5'" day of January, 1999. Executed this 5'" day of January, 1999. ~ ~( , ), I)...) T3 <6 A J ~ Susan Bigelow. City Clerk /'ß-,2 ? Item /~ Meeting Date: 4/13/99 ITEM TITLE: Resolution /91/ 2.2. approving the First Amendment to the AcquisitionlFinancing Agreement with McMillin Otay Ranch for Community Facilities District No. 97-3 (McMillin Otay Ranch SPA One) SUBMITTED BY: Director of Public Works i , . REVIEWED BY: City Manager ~f: ',,;1../ (4/5ths Vote: Yes _ NoX) r,.r / On December 8, 1998, Council approved the AcquisitionlFinancing Agreement for Community Facilities District No. 97-3 (CFD 97-3). This agreement set forth the conditions and procedures for acquiring the improvements from the developer. Tonight, Council will also be considering the approval of the "Agreement for Financing the Construction of Olympic Parkway and Related Roadways Improvements". CFD 97-3 will provide partial financing for the construction of Olympic Parkway. The proposed amendment will ensure that the AcquisitionlFinancing for CFD 97-3 is consistent with the applicable terms and conditions of the Olympic Parkway Agreement. COUNCIL AGENDA STATEMENT RECOMMENDATION: Approve the First Amendment to the AcquisitionlFinancing Agreement with McMillin Otay Ranch for Community Facilities District No. 97-3. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Exhibit "A" presents the boundaries of the proposed CFD which includes all parcels located within the Otay Ranch McMillin SPA One. Preliminary estimates show that the district would support a total bond indebtedness of approximately $11.9 million. The developer is proposing the financing of backbone facilities and associated improvements serving their project (i.e. grading, landscaping, streets, utilities, drainage, sewer, and a pedestrian bridge). The approved AcquisitionlFinancing Agreement allocates $4.7 million of the bond proceeds for constructing the Phase One and the Phase Two Olympic Parkway improvements. Said funds will be deposited in the "Olympic Parkway Improvement Account". The proposed First Amendment will accomplish the following: 1. Ensure that the terms and conditions of the original AcquisitionlFinancing agreement as amended by the proposed First Amendment, are consistent with the applicable terms and conditions of the Olympic Parkway Agreement. 2. Establish that the aggregate amount of the Development Impact Fee (DIF) improvements (Transportation, Poggi Canyon Sewer, or Pedestrian Bridges) to be financed by CFD 97-3 shall not exceed the applicable mF obligation for all the property within the district This /Ç) Page 2, Item Meeting Date 4/13/99 will ensure that the property within CFD 97-3 will only pay their fair share of the applicable DIF program. 3. Authorize the release of funds from the Olympic Parkway Improvement Account which exceed the McMillin's Fair Share obligation for constructing Phases 1 and 2 of the Olympic Parkway Improvements, as determined pursuant to the Olympic Parkway Agreement. Said released funds may be used for financing other (than the off site Olympic Parkway) CFD 97-3 improvements. 4. Authorize McMillin to submit a letter of credit or any other type of security approved by the City Manager and the City Attorney in an amount equal to the amount which the developer requests to be released from the Olympic Parkway Improvement Fund. Said security may be drawn upon if and to the extent that City requires a portion of McMillin's Fair Share to pay the cost of acquisition or construction of Olympic Parkway and McMillin does not pay to City such portion within thirty (30) days of City's request. 5. Require that the CFD 97-3 bond proceeds deposited in the Olympic Parkway Improvement Account shall be invested in interest earning accounts and all earnings on such investments be used for financing the acquisition or construction ofCFD 97-3 improvements. Staff has reviewed the proposed amendment and recommends Council approval. The City retained the firm of Brown, Diven, Hessel & Brewer as Bond Counsel for CFD 97-3. They already reviewed and approved the form of the proposed agreement. Future Actions . The issuance of bonds is anticipated for May of 1999. FISCAL IMP ACT: The developer will pay all costs and has deposited money to fund initial consultant costs, and City costs in accordance with the approved Reimbursement Agreement. The City will receive the benefit of the full cost recovery for staff time involved in district formation (estimated at $25,000) and administration activities. Staff anticipates that most ofthe CFD 97-3 administration will be contracted out. The CFD administration cost is estimated at $125,000 annually during buildout and $75,000 annually thereafter. In accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding capacity to provide the financing mechanism for the construction of the proposed improvements, the developer will pay one percent (1 %) of the total bond authorization prior to bond sale. Exhibit A CFD Boundary H:\HOME\ENGINEER\AGENDA\97-3AF ~ l.WPD LDTI File 0725-10-CFD973 /S-/cÅ, McMillin I OIay Ranch EXHIBIT "A" CFD No. 97-3 PLANNING AREA MAP " . ~ ¡ P&D CONSULT ANTS ~:: "";::;- .,~. 3T?'::~- :::_-~ ~:.:X' h~,':~::5~~'; ~~~~~~~~ ~;t~;':'-30:: ~ IS/'3 ~~ 5JO· 80C' iI - - - - c: \pro oe::t~ \OIOr. \ 75(>45..,;- \ocod \ vi'··- 5 \ cfc' ",>n::;::s \()4f, c:1c !>o'v RESOLUTION NO. /9'fJJ., RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE ACQUISITION/FINANCING AGREEMENT WITH McMILLIN OTAY RANCH FOR COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN OTAY RANCH SPA ONE) WHEREAS, on December 8, Acquisition/Financing Agreement for No. 97-3 (CFD 97-3) which set forth for acquiring the improvements from 1998, Council approved the Community Facilities District the conditions and procedures the developer; and WHEREAS, Council will also be considering the approval of the "Agreement for Financing the Construction of Olympic Parkway and Related Roadway Improvements"; and WHEREAS, CFD 97-3 will provide partial financing for the construction of Olympic Parkway; and WHEREAS, the First Amendment to the Acquisition/Financing Agreement with McMillin otay Ranch will ensure that the Acquisition/Financing for CFD 97-3 is consistent with the applicable terms and conditions of the Olympic Parkway Agreement. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve the First Amendment to the Acquisition/Financing Agreement with McMillin otay Ranch for Community Facilities District No. 97-3 (McMillin Otay Ranch SPA One), a copy of which shall be kept on file in the Office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said First Amendment for and on behalf of the city of Chula vista. Presented by Approved as to form by ~ ~~þ¡9A. John M. Kaheny, City A torney John P. Lippitt, Director of Public Works H: \home\attorney\reso\CFD973. 1st /Ç~f' FIRST AMENDMENT TO ACQUlSITION/FINANCING AGREEMENT THIS FIRST AMENDMENT TO ACQUISITlON/FINANCING AGREEMENT (the "First Amendment") is made and entered into this _ day of 1999, by and between the CITY OF CHULA VISTA, a charter city duly organized and validly existing under the Constitution and laws of the State of California, ("City"), acting for and on behalf of itself and COMMUNITY FACILITIES DlSTRlCTNO. 97-3 (OTAY RANCH McMILLIN SPA ONE) (the "Community Facilities District") and McMILLIN OTA Y RANCH, LLC, a California limited liability company ("Developer") to amend that certain ACQUISITlON/FINANCING AGREEMENT made and entered into on the 15th day of December 1998, by and between the City and the Developer (the "Original Agreement"). R E C I TAL S: WHEREAS, the City and the Developer entered into the Original Agreement to establish the terms and conditions to provide, among other things, for the acquisition of Improvements by the City ITom the proceeds of Bonds (as defined in the Original Agreement); and WHEREAS, included among the Improvements authorized by the Original Agreement to be financed ITom that portion of the proceeds of such Bonds identified as the Reserved Portion (as defined in the Original Agreement) are the Olympic Parkway Offsite Improvements (as defined in the Original Agreement); and WHEREAS, the Original Agreement established specific terms and conditions pursuant to which acquisition of the Olympic Parkway Offsite Improvements may be paid for ITom the Reserved Portion; and WHEREAS, the City, the Developer and Otay Project, LLC ("Otay") have entered into that certain agreement entitled "Agreement for Financing the Construction of Olympic Parkway and Related Roadway Improvements" made as of , 1999 (the "Olympic Parkway Agreement") to establish terms and conditions pertaining to, among other things, the engineering, design and construction of certain roadway improvements including, but not limited to, the Phase 1 Olympic Parkway Improvements and the Phase 2 Olympic Parkway Improvements (each as defined in the Olympic Parkway Agreement), the securing of the completion of such improvements and the allocation of the cost of such improvements between the Developer and Otay; and WHEREAS, the City and the Developer desire to enter into this First Amendment to, among other things, ensure that the terms and conditions of the Original Agreement, as amended by this First Amendment, are consistent with the applicable terms and conditions of the Olympic Parkway Agreement. H:\SHARED\ENGINEER\FIRST A-I 1 ,..-- ...--- /~ ~.-!::> NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE RESPECTIVE PARTIES AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are true and correct. SECTION 2. Definitions. Except as otherwise provided for or indicated in this First Amendment, the capitalized tenns used in this First Amendment shall have the meanings given such terms in the Original Agreement. SECTION 3. Amendments to Section 7. of the Original Agreement. (a) The last paragraph of Section 7(a) is hereby amended to read as follows: "In no event shall the cost or value of the construction of an Improvement be deemed to exceed the construction contract price set forth in the contract for the construction of such Improvement and any change orders to such contract which have been approved by the City. Notwithstanding any other provision of this Agreement to the contrary, the aggregate Purchase Price of all Improvements which are included among the improvements authorized to be financed from the proceeds of one of the City's development impact fees COIF') shall not exceed the aggregate amount of the applicable DIF obligation as determined by the City Engineer pursuant to the applicable OIF Program (defined in Section 19 below) for all of the property within the Community Facilities District." (b) Subsection 7(g) is hereby deleted in its entirety. (c) Section 7.1 entitled "Financing of the Acquisition or Construction of the Olympic Parkway Improvements" is hereby added to read: "SECTION 7.1 Financing of the Acquisition or Construction of the Olympic Parkway Improvements. A portion of the proceeds of the Bonds in an amount not to exceed $4,700,000 (the 'Setaside Amount') shall be deposited in a separate account (the 'Olympic Parkway Improvement Account') to be established pursuant to the bond indenture setting forth the tenns and conditions pursuant to which the Bonds shall be issued and sold (the 'Bond Indenture'). Pursuant to the requirements of this Section 7.1, the City may from time to time authorize the disbursement of funds on deposit in the Olympic Parkway Improvement Account to pay for the acquisition of the 'Phase 1 Olympic Parkway Improvement' and the 'Phase 2 Olympic Parkway Improvement' (excepting therefrom the 'Land Development Work' and the 'McMillin Olympic Parkway Improvement' as such terms are defined H:\SHARED\ENGINEER\FIRSTA-l 2 /3~ (p in the Olympic Parkway Agreement.) in accordance with the provision of Sections 4 through 9 hereof. For purposes of this Section 7.1, the term "Developer" as used in Sections 4 through 9 shall mean the entity which is responsible for the construction of the Offsite Olympic Parkway Improvements and may include an entity other than McMillin Otay Ranch, LLC. The Phase 1 Olympic Parkway Improvement and the Phase 2 Olympic Parkway Improvement (excepting therefrom the Land Development Work and the McMillin Olympic Parkway Improvement) are referred to herein as the "Offsite Olympic Parkway Improvements." In addition to utilizing the funds on deposit in the Olympic Parkway Improvement Account for the acquisition of the Offsite Olympic Parkway Improvements as described in the preceding paragraph, the City may use such funds to pay directly for the construction of such Improvements pursuant to the provisions of paragraph 1.11.c. of the Olympic Parkway Agreement. Except as provided below in this Section 7.1 and in the Olympic Parkway Agreement, funds on deposit in the Olympic Parkway Improvement Account may not be utilized to pay all or any portion of the Purchase Price of any other Improvements. If the Fair Share (as such term is defined in the Olympic Parkway Agreement) of the Developer is reduced by the City pursuant to the provisions of paragraph 1.11 .e. of the Olympic Parkway Agreement and the amount on deposit in the Olympic Parkway Improvement Account then exceeds such Fair Share as so reduced, the City shall authorize the transfer of such excess amount from the Olympic Parkway Improvement Account pursuant to the provisions of the Bond Indenture. Funds so released from the Olympic Parkway Improvement Account shall be authorized to be used to pay for the acquisition of Improvements (other than the Offsite Olympic Parkway Improvements) pursuant to the provisions of this Agreement and the Bond Indenture. The Developer may at any time post a letter of credit or other form of security in a form and from a financial institution approved by the City Manager and the City Attorney (the 'Security') and in an amount equal to the amount which the Developer requests to be released from the Olympic Parkway Improvement Account. Such Security shall guaranty payment by Developer of that portion of the Developer's Fair Share in an amount equal to the amount of the Security. The Security may be drawn upon if and to the extent that City requires a portion of the Developer's Fair Share to pay for costs of the acquisition or construction of the Offsite Olympic Parkway H:\SHARED\ENGINEER\FIRSTA-l 3 15--7 . ,_._..."..._-~.__..."._._.,.._...._-------- ---.- Improvements and the Developer does not pay such portion to the City within thirty (30) calendar days following the City's written request for such payment. The Bond Indenture shall provide that all funds on deposit in the Olympic Parkway Improvement Account shall be invested in such permitted investments as may be established by the terms of the Bond Indenture. All earnings on such investments shall be deposited in the improvement fund established by the Bond Indenture and shall be available to pay for the acquisition or construction of the Improvements (other than the Offsite Olympic Parkway Improvements) pursuant to the terms of such Bond Indenture and this Agreement. Except as otherwise provided herein, the provisions of the Olympic Parkway Agreement shall control the actual bonding for and acquisition or construction of the Offsite Olympic Parkway Improvements; provided, however, such acquisition or construction shall be subject to all applicable provisions of the Act. In the case of any conflict between the provisions of this Agreement and the Olympic Parkway Agreement, the Olympic Parkway Agreement shall prevaiL" SECTION 4. Amendmentto Exhibits "A," "B," and "E." Exhibits "A," "B," and "E" are hereby amended to read as set forth in the corresponding exhibits attached hereto and incorporated herein by this reference. SECTION 5. Other Terms and Provisions of the Original Agreement to Remain in Effect. Except as expressly amended by this First Amendment, all terms and provisions of the Original Agreement shall remain in full force and effect. [End of page. Next page is signature page.] H:\SHARED\ENGINEER\FIRST A-I 4 /s,gr .------.-.--.------.---,,- EXECUTED by and between the parties hereto on the day and year first hereinabove written. "CITY" CITY OF CHULA VISTA MAYOR CITY OF CHULA VISTA STATE OF CALIFORNIA ATTEST: APPROVED AS TO FORM: CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA JOHN KAHENY, CITY ATTORNEY CITY OF CHULA VISTA STATE OF CALIFORNIA "DEVELOPER" McMILLIN OT A Y RANCH, LLC, a Delaware limited liability company, By: McMILLIN COMPANIES, LLC, its managing member By: By: H:\SHARED\ENGINEER\FIRST A-I 5 /~/~ EXHIBIT" A" DESCRIPTION OF IMPROVEMENTS AND PROJECTS 'Øh··W. ......... i< > ........ ..... Substantial pUI" ..... CpmpletiplI i "l > i ''''' Criteria I Offsite Olympic Parkway Improvements (as defmed in Section 7.1 of the Agreement) "'Developer's Fair Share obligation (not to exceed Setaside Amount) Grading, including site preparation & mobilization and 1 storm drain (per grading plans) Surface Improvements, including sewer and stann drains (per street improvement 2 plans), traffic signals, specialty items, site concrete and AC paving Landscaping 3 2 La Media Road North (Telegraph Canyon Road to East Palomar Street West) Grading, including site preparation & mobilization and .[ I storm drain (per grading plans) Surface Improvements, including sewer and storm drains (per street improvement 2 plans), traffic signals, specialty items, site concrete and AC paving Landscaping 3 2 East Palomar Street West CFD (West CFD Boundary to Santa Cora Avenue North) Grading, including site preparation & mobilization and .[ I storm drain (per eradine Dlans) H:\SHARED\ENGINEER\FlRSTA-I A-I /3'/tl Phase! Substantial VJ' "Y Completion Criteria Surface Improvements, including sewer and stOlID drains (per street improvement 2 plans), traffic signals, specialty items, site concrete and AC paving Landscaping 3 H:\SHAREDIENGINEERIFIRST A-I A-2 /Ç~/ / Substantial Completion Criteria 2 Santa Cora A venue North (East Palomar Street West to Boquet Canyon Drive) Grading, including site preparation & mobílization and f 1 stonn drain (per grading plans) Surface Improvements, 2 including sewer and stonn drains (per street improvement plans), traffic signals, specialty items, site concrete and AC paving Landscaping 3 2 Master Utility Loop (Santa Cora North to La Media Road North) Surface Improvements, including sewer and storm drains (per street improvement 2 plans), traffic signals, specialty items, site concrete and AC paving 2 La Media Road Crossing Grading, including site (at Telegraph Canyon Channel) preparation and mobílization .[ I and stonn drain (per grading clans) H:\SHARED\ENGINEER\FlRSTA-l A-3 /þ~/~ .. .._____....._n.. .,~ ._.._____"_._______...'.'. Substantial Completion Criteria Surface Improvements, including storm drains (per street improvement plans), specialty items, site concrete and AC avin ¡ 2 3 East Palomar Street East (Santa Cora A venue North to East CFD Boundary Line) Grading, including site preparation & mobilization and I storm drain (per grading plans) Surface Improvements, including sewer and storm drains (per street improvement 2 plans), traffic signals, specialty items, site concrete and AC paving Landscaping 3 3 Santa Cora A venue South Loop (East Palomar Street West to East Palomar Street East) Grading, including site preparation & mobilization and I storm drain (per grading plans) Surface Improvements, including sewer and storm drains (per street improvement 2 plans), traffic signals, specialty items, site concrete and AC paving Landscaping 3 4 La Media Road South (East Palomar Street West to Olympic Parkway Onsite) Grading, including site preparation & mobilization and I storm drain (ner lITading plans) H:\SHARED\ENGINEER\FIRSTA-l A-4 /f//) ~,-,---_.,--_. ._-------, ,,-- -.-------..--... ---.-..., Substantial Completion Criteria Surface Improvements, including sewer and stonn drains (per street improvement plans), traffic signals, specialty items, site concrete and AC paving 2 Landsca in 3 4 Olympic Parkway Onsite (La Media Road South to East Palomar Street) Grading, including site preparation & mobilization and 1 stonn drain (per grading plans) Surface Improvements, including sewer and stonn drains (per street improvement 2 plans), traffic signals, specialty items, site concrete and AC paving Landscaping 3 4 Pedestrian Bridge (at La Media Road South) Grading, including site 1 preparation and mobilization Site Concrete 2 Substantial Completion Criteria: 1. Grading: grading complete, stonn drain installation complete, certification of geotechnical and civil engineer and inspection. 2. Surface Improvements: installation complete and inspected. 3. Landscaping: installation complete and inspected. H:\SHARED\ENGINEER\FIRST A-I A-S /s '-/1 M."___._·+_~_·_ __..___._____.. EXHIBIT "B" ESTIMATED COSTS OF PROJECTS ....... ..... '. P1'óject COst Estimate La Media Road North (Telegraph Canyon Road to East Palomar Street West) $3,269,654 East Palomar Street West (West Boundary to Santa Cora Avenue North) $889,304 Santa Cora Avenue North (East Palomar Street West to Boquet Canyon Drive) $615,807 Master Utility Loop (Santa Cora North to La Media Road North) $82,080 La Media Road Crossing (at Telegraph Canyon Channel) $294,736 East Palomar Street East (Santa Cora Avenue North to East Boundary Line) $534,493 Santa Cora A venue South Loop (East Palomar Street West to East Palomar Street East) $465,204 La Media Road South (East Palomar Street West to Olympic Parkway Onsite) $1,207,554 Olympic Parkway Onsite (La Media Road South to East Palomar Street) $1,136,879 Offsite Olympic Parkway Improvements (as defined in Section 7.1 of the Agreement) ***Developer's Fair Share obligation $4,700,000 Pedestrian Bridge (at La Media Road South) $729,896 Total Estimated Cost $13,927,873 H:\SHAREDIENGINEER\FIRSTA-1 B-1 Jf> IS- r-1 ¡.. ... = ! r-1 ¡.. ... ~ ¡:â u ... ... ~ I~I~ ...... l~ .... .... .... .... .... .... .... .... .... .... .... > ~.¡ .... .... .... .... .... .... .... .... .... .... .... .... .... ........... c 0 > ] c < 0 ',ª :ö '" t;: 0 ::E E :5 " «! S OJ) .§ c ~ " " '" s ;. .¡:: -< .~ 0 -;; ~ " ~ " " .s c - 0. OJ) " " 1<1 OJ) ~ " .§ .s .s .g ð .È' ~ u; <.> ª' OJ) 0. " <.> " OJ) " OJ) " g <t .s <.> -;; 0 <.> <.> .~ ¡¡¡ ê ~ s u '" " -g " ,:¡ ~ "'" ~ $) '" ~ .9 :< i:! " .ª ~ æ ~ ·õ " u; ~ " 0. C " - 0 0 00 00 b 00 00 00 ...¡ 0 00 00 u ...... - " ~ 00 1<1 S > 0 -;; ..... "- ...... 1;; '" ¡¡¡ .9 -g .c 0 > t::~ o " Z ~ -g æ ciìu .c '" 0. .~ '" -g ~-- ::E"- - ~ '" " " ...¡t,~ - ~ /f// t- '"> '"> '"> '"> '"> '"> '"> '"> '"> '"> '"> " 0 .~ ~ :ë 00 .§ .5 ~ ..: " .¡¡j " " .5 .51 è5 00 1:) 00 00 &J g .5 E .ª' .5 "g ~ ,!!¡ ~ 0 ~ ·8 " ~ - " - 0 0 '" 0 '" '" U ~ 0; § 00-" .5 U ~ " ~ 0 0 ,., ~ U § "gu 'ª"ª" .~ i;¡, -0 " " - ::;ö~ os "¡¡j ..¡~ '"> '"> '"> '"> '"> '"> '"> '"> '"> '"> '"> '"> '"> Ê N , " ¡¡.¡ 5 " ~ > '" 2 0 .5 ~ 00 " " 0. .5 os 00 ~ .§ ~ u; " §< 00 0 " " .~ .5 " 0 " " E ~ ¡¡:: U " ~ 00 "g " ..¡;¡ -0 ~ '"" .;;; ~ 0 ~ 2 ~ § ~ " " " 0 - u; 0 û3 '" '" '" ..¡ ~ ~ ~ "- " .~ ,., Õ o - - ~ " -=~ " " o " "''' -0'" os ~ ~ E os 0 .- c; "ECl.- ::E ~ .~ os ~ os \õJ " ..¡~O /~--/? ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. ..,. " 0 c c ''ª .51 0 :£j .. .~ :E tÄ ~ <'"> E ~ 0 , :5 " :§ ::E ~ 00 .g s 00 .g cl(! c ~ " .s c '5 -<: ~ s > -<: 0 ~ .51 "' B " " " .5 ¿J ~ 00 " " .. .5 .g c " c. .5 .5 .51 ð 00 ~ .§ ~ gp ü3 .È' u g- oo 1:) '" u C. g 00 " " 00 c g " ¡¡¡ .s u "' 0 u .ª' ¡¡¡ ~ E ~ u u ~ c .!!a ~ -g " !.::: ·û 't! "0 ~ .!!a ~ c. § ~ ""' " " ª ~ " B ·õ ~ 0 " ~ c. ~ " " ·õ 0 rfJ U 0 00 rfJ rfJ ü3 rfJ ..¡ Q rfJ rfJ U ü3 % " Þ rfJ æ s o "' C. ~ E " "ª S d) ~ ;:: E bh.S ~ --< ~ o (],).~ 5. 05 :ë S""' 0 _ 0 " »- ~ '" . '" ~r--tJ '" " ~ æ .9 'C; c..õ~ .~ ~ <n C. ^~ e .5 8- b"'ß 0 O;::"õ (],) I.;:: t .~ Q) 0 ~ ~ * o ~: ~ ~ '" ¡¡¡ .ß B ~i3 o § »rfJ g!"O .. '" ~~ c. '" y~ .- " ~~ -..¡ O~ /s-/r ~Iê i.i~ "" "" > !~ "" "" "" "" "" "" "" > iI~i' "" "" "" "" "" "" "" "" "" " 0 ''ª > ~ 1ii >< " :§ "§ " > 15 bI} .§ 1< Q " .15 ê ~ > ~ < ...... -¡¡¡ " 2 " ~< 0 §, ~ c. bI} " " > - 15 " " .52 r/) ¡;¡ u 'ª" .¡;j¡ - < ÕJ¡ " - &j u 0 " u " bI} ~ .s ~ u U u ~ .s "'" " i:E ..s "'" .~ -'" '" ~ '" .~ S ã ~ ~ ·õ " ~ " þ " 1ij 0 0 r/) r/) r/) ...¡ Q r/) u I) ,> )Ç~/I "" -,. ""> ""> ""> ""> ""> "" "" "" "" "" "" "" " 0 .~ " ~ .52 :E " ~ 1= 0 = ~ ::; " ·2 oC! ¡¡ bI} ~ " " > .¡: < 0 0 .~ ~ .'!J " " c. " .§ ~ .s .52 u bI} Ü c. " " " " bI} E ~ 0 .ª ùJ u U " "- ..s ~ -'" ~ .'!J ~ .'!J ~ " " " ·õ 0 ü3 r/) ü3 Q r/) r/) u ~ ~ 0 r/) ,,"'" bI}'" :9~ ~ ¡::Q .::2 ã"13 1; ::; ~ '" ~...¡ æg ""'" , P-1 ......_-_...-.-.--,-_._.._._-_._---_.-~ COUNCIL AGENDA STATEMENT Item ß Meeting Date: 4/13/99 ITEM TITLE: Resolution ) '9 tJ J-] Waiving immaterial deficiencies, accepting bids and awarding contract for the "Shirley Street Sewer Installation rrom North Del Mar Avenue to 480' Easterly in the City of Chula Vista, California (SW -217)" project. SUBMITTED BY: Director of Public Works r-I REVIEWED BY: City Manager G(~{ II ¡"<- (4/5ths Vote: Yes_NoX) On February 24, 1999, the Director of Public Works received sealed bids for the "Shirley Street Sewer Installation from North Del Mar Avenue to 480' Easterly in the City of Chula Vista, California (SW-2l7)" project. The work to be done consists of installing a sewer main on Shirley Street between North Del Mar A venue and North Second Avenue. The work involves trenching, installation of 8" PVC sewer main, installation of sewer laterals, installation of sewer manholes, asphalt concrete (Ae) pavement, trench shoring, traffic control, protection and restoration of existing improvements, and other miscellaneous work associated with the project. RECOMMENDATION: That Council: 1. Waive minor and immaterial deficiencies in the bid proposal (not submitting the Disclosure Statement as part of the bid proposal at the bid-opening) 2. Accept bids and award the contract for the "Shirley Street Sewer Installation fi:om North Del Mar Avenue to 480' Easterly in the City ofChula Vista, California (SW-217)" project to Andrew Cedro Construction of Norwalk, California, for $68,153.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Included in the FY1998-99 CIP Budget is a project for the installation ofan 8-inch sewer main extension in Shirley Street fi:om North Del Mar Avenue to 480 feet easterly. Fourteen properties rronting Shirley Street are on individual septic tank systems. This project was approved by the City Council at the request of the property owners of 285 Shirley Street after their septic tank system failed. The project as budgeted was to cover the up rront funding by the City which would be reimbursed by the properties as they connect to the sewer. The connection of the sewer laterals to the properties is not part of the contract. However, the contract's special provisions encourage the contractor to work with the property owners to have their sewer laterals connected to the sewer main, if they request it /b --I Page 2, Item Meeting Date: ~13/99 Engineering staff prepared drawings, specifications, and advertised the project. Staff received and opened bids on February 24, 1999. The City received bids from nine contractors as follows: CONTRACTOR BID AMOUNT 1. Andrew Cedro Construction - Norwalk, California. $68,153.00 2. Southern California Contractors, Inc. - Brea, California $78,800.00 3. Dietrich Corporation - El Cajon, California. $82,982.00 4. Jimenez, Inc. - Chula Vista, California. $90,200.00 5. Coast Grading Company, Inc. - Ramona, California. $96,125.00 6. Cameron Excavation Company, Inc. - Poway, California. $105,500.00 7. Basile Construction, Inc. - San Diego, California. $113,315.09 8. Star Paving, Inc. - San Diego, California. $114,250.00 9. Shoreline Construction - Temecula, California. $535,595.10 The low bid by Andrew Cedro Construction is below the Engineer's estimate of $113,750.00 by $45,597.00 or 40%. Engineering staff checked the references provided by the contractor. The contractor has recently completed projects with the County of Ventura, the City of Camarillo, the City of La Mirada, and Caltrans. All references were verified and their work has been satisfactory. Their General Engineering Contractor's License #718204 was issued on 1/30/96 and is clear and current. Staff has reviewed the low bid and is recommending awarding the contract to Andrew Cedro Construction of Norwalk, California. Immaterial Bid Deficiencies At the bid opening, it was determined that Andrew Cedro Construction's bid did not contain the Disclosure Statement as required in the bid Proposal Requirements and Conditions. Immediately after the bid-opening meeting ended, Andrew Cedro Construction submitted the completed Disclosure Statement. This omission was protested in writing by Southern California Contractors, Inc. (see copy ofletter of protest - Exhibit A). This issue was brought to the attention of the Office of City Attorney. The City Attorney's Office determined that the failure to enclose the Disclosure Statement at the time of the bid opening was minor and immaterial, and did not affect the competitiveness outcome of the bidding process. A letter to this effect was sent to the contractor who complained on March 3, 1999. Staff, therefore, recommends that Council waive this minor and immaterial omission and award the contract to Andrew Cedro Construction. )t~,2 .-.....~------_._---_. Page 3, Item Meeting Date: 4/13/99 Disclosure Statement Attachment "c" is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15301, Class 1 (b) of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures) . Wage Statement The source of funding for this project is the Sewer Facility Replacement Fund (226-2260). Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to Contractors to various trade publications. Fiscal Impact FUNDS REQUIRED FOR CONSTRUCTION A Contract Amount $68,153.00 B. Contingencies $10,000.00 C. Staff Costs (Design & Inspection) $15,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $93,153.00 FUNDS AVAILABLE FOR CONSTRUCTION A. Sewer Facility Replacement Fund (226-2260-SW217) $93,153.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $93,153.00 The up-front City funding will be repaid via reimbursement district payments after the properties within the area are connected. Based on the total cost of$93,153, the individual cost to each of the fourteen homes served by this sewer is approximately $6,700. Upon completion of the project, the improvements will require only routine City street maintenance. Attachments: A -Letter from Southern California Contractors, Inc. to City B -Letter from City to Southern California Contractors, Inc. C - Contractor's Disclosure Statement RIHOMEIENGINEERIAGENDA ISW217 A 113.doc /¿~.J __ __.....__._M_··___.·__·__~·____~_···_······__"· RESOLUTION NO. ) 9 'I ). ) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING IMMATERIAL DEFICIENCIES, ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SHIRLEY STREET SEWER INSTALLATION FROM NORTH DEL MAR AVENUE TO 480' EASTERLY IN THE CITY OF CHULA VISTA, CALIFORNIA (SW-217)" PROJECT WHEREAS, on February 24, 1999, the Director of Public Works received the following nine sealed bids for the "Shirley Street Sewer Installation from North Del Mar Avenue to 480' Easterly in the City of Chula Vista, California (SW-217)" project: CONTRACTOR BID AMOUNT 1- Andrew Cedro Construction - Norwalk, $68,lS3.00 California. 2. Southern California Contractors, Inc. - Brea, $78,800.00 California 3. Dietrich Corporation - El cajon, California. $82,982.00 4. Jimenez, Inc. - Chu1a Vista, California. $90,200.00 S. Coast Grading Company, Inc. - Ramona, $96,125.00 California. 6. Cameron Excavation Company, Inc. - Poway, $105,SOO.00 California. 7. Basile Construction, Inc. - San Diego, $113,315.09 California. 8. star Paving, Inc. - San Diego, California. $114, 2S0. 00 9. Shoreline construction - Temecula, California. $535,59S.10 WHEREAS, the low bid by Andrew Cedro Construction is below the Engineer's estimate of $113,750.00 by $45,597.00 or 40%; and WHEREAS, Engineering staff checked the references provided by the contractor who has recently completed projects with the County of Ventura, the city of Camarillo, the city of La Mirada, and Caltrans and all references verified their work has been satisfactory; and WHEREAS, at the bid opening, it was determined that Andrew Cedro Construction's bid did not contain the Disclosure Statement as required in the bid Proposal Requirements and Conditions; and 1 IIi ----......-.-.---.-..--.---- WHEREAS, immediately after the bid-opening meeting ended, Andrew Cedro Construction submitted the completed Disclosure Statement which omission was protested in writing by another bidder; and WHEREAS, the City Attorney's Office determined that the failure to enclose the Disclosure Statement at the time of the bid opening was minor and immaterial, and did not affect the competitiveness outcome of the bidding process and a letter to this effect was sent to the contractor who complained on March 3, 1999; and WHEREAS, Staff, therefore, recommends that Council waive this minor and immaterial omission and award the contract to Andrew Cedro Construction. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista hereby finds that it is necessary to waive the minor and immaterial deficiencies in the bid proposal of Andrew Cedro Construction for the benefit of the public. BE IT FURTHER RESOLVED that the city Council of the city of Chula vista does hereby accept the nine bids and award the contract for the "Shirley Street Sewer Installation from North Del Mar Avenue to 480' Easterly in the City of Chula vista, California (SW-217) project to Andrew Cedro Construction of Norwalk, California, for $68,153.00. BE Chula vista contract for IT FURTHER RESOLVED that the Mayor of the City of is hereby authorized and directed to execute said and on behalf of the city of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\attorney\reso\cedro.bid 2 /t-~ _...__u...._·..· ___ .._._______._._.. Southern California Underground Contractors Inc. ~ OFFICE" (714) 529·8486 FAX (714) 529-4379 CALIFORNIA LICENSE #A·611356 February 25, 1999 ~ ~~\-12 ';><l . oj) $", ',0" ~ v">cÞ .s> 1999 "Ô f' :r.f-Ivm E 1.:..l!L lU ë:J (, -4...... ';.', ,~...0" ¿-O~6~S~I-\ City of Chula Vista Engineering Department 2764 4th Avenue Chula Vista, CA 91910 Attention: Mr. Roberto Saucedo, P.E, Senior Civil Engineer; Design/Inspection Reference: Shirley street Sewer Main Project SW217 Dear Mr. Saucedo, Southern California underground Contractors hereby respectfully requests that Andrew Cedro Construction's bid proposal for the above referenced proj ect be rej ected and considered non-responsive. Per Page 3 of the Contract Documents, all proposals must include a Disclosure Statement. Andrew Cedro Construction's bid proposal did not include a Disclosure Statement and therefor should be considered incomplete and irregulñr. Southern California Underground attorneys will make a formal protest should the City of Chula Vista proceed >Iith the award of this proj ect to Andrew Cedro Construction. Please forward all questions and comments to the undersigned. Thank you for your time. RNIA UNDERGROUND CONTRACTORS, INC. , , \ ... , -- / - JJ:eaj Enclosure /?-? PO. BOX 1747. BREA, CA 92622-1747 --_._~_._..."._.,-_._,----_.- --...-..--.------..."........- ~, PROPOSAL REQUIREMENTS AND CONDITIONS / EXAMI,'JATIO'J OF PLANS. SPECIFICATIONS. SPECIAL PROVISIONS. AND SITE OF WORK: The bidder is required to examine carefully the site and the proposal, plans, specifications, and Contract forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions, and the Contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such an examination. PROPOSAL FORM: All proposals must be made upon forms furnished by the Public Works Department. The föllowing documents must be completed and submitted with the bid: 1. Proposal 2. List of Subcontractors 3. Affidavit to Accompany Proposal 4. Bidder's Bond (for bids greater than $50,000) oil 5. Disclosure Statement *' 6. Certificate of Intention to use a Specific Material (if any) 7. Addenda (if any) After award of the Contract, the successful bidder must complete the following additional documents: '!It;.. 1. 2. 3. 4. 5. 6. 7. Bond for Faithful Performance (for bids greater than $25,000) Bond for Material and Labor (for bids greater than $25,000) Contract Non-Collusion Affidavit Workers' Compensation Insurance Declaration Liability Insurance (see Section 7·3 Special Provisions General) Guaranty (if required) ,..... í i REIECTION OF PROPOSALS CONTAINING ALTERATIONS. ERASURES. OR IRREGULARITIES: Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. ~ In case of disparity in the proposal between the lump sum or unit bid price shown in figures and words, the unit bid price or lump sum amount as stated in words shall prevail and take precedence. The right is reserved to reject any and all proposals. H:\Engineer\Admin\ContraCI\SW217, 14(Boiler, Min) J;; - ? 3 ~_..-".,_._------- ~\fý =~~-~ - - - --~- -.::.... \\ /J B cm OF (HUlA VISfA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION 3 March 1999 File: 0735-OIO-SW2TT Southern California Underground Contractors, Inc. P.O. Box 1747 Brea. California 91622- I 747 Attn: Jim Jackson. Vice President RE: PROTEST OF BID PROPOSAL - SEWER INSTALLA nON ON SHIRLEY STREET This letter is in response to your facsimile letter dated February 25, 1999, regarding the above project. The City Attorney's Office has det=ined that the City may waive the minor and imm~T"rial deficiencies in the bid proposal submitted by Andrew Cedro Construction for the subject project and proceed to award the contract. Andrew Cedro Construction submitted the Disclosure Statement minutes after the bid-opening meeting ended. We believe the failure to enclose the Disclosure Statement at the time of the bid-opening did not affect the competitiveness outcome of the bidding process. As stated in the contract documents on page 3, the City of Chula Vista reserves the right and !!illY reject proposals at its discretion. The City of Chula Vista therefore, will proceed and award the contract to the low bidder for this project Anderw Cedro Construction. Should you have any questions regarding this matter, please call me at (619) 691-5033 or Jim Holmes, at (619) 585-5179. ..----., - ',:' ,J r/· . --.;.; ",.'-.. _~-..I-..--' '.~/-- .,r.~-' Roberto Saucedo Senior Civil Engineeer c.c. Elizabeth W. Hull, Deputy City Attorney SOle H:\HOMEI,ENGINEER\DESIGN\SouthemCalifUG.aoc /b~r 2ï6 ¡:OURTI-í .A.IJËNUEICHULA, V!ST¡C;... :Ai...I:::ORNIA 920rG/!6191 69'-502~ 'c You are required to file a Stalement of Disclosure of cenain ownership or financial interests, paymcnts, or campaign contributions, on all matters which will ,equire discretionary action on the part of thc City Council, Planning Commission, and all other official bodies. The fcllowing inforflation must be disclosed: . .,.. ...... . ,,' __,..' ...... . ,ß. . ... "'1 ,¡ 1, List the names of all persons having a financial interest in the property which is the subjecI of the application or the Contract, e.g., owner, applicant, Contractor, subcontractor, material supplier. ¿fr'V Þc¿/E'"'-.J ~·yJlZo ßc,i:::, /e R./h ': 2. If any person" identified pursuant to (I) above is a corporation or pannership, list the names of all Individuals ownIng more than 10% of the shales in the corporation or owning any pannership interest in the pannership. ¡I~. 3. If anv person" identified pursuant to (I) above is non-profit organization or a trust, list the names of any person scrvIng as director of the non-profit organization or as trustee or beneficiary or trustor of the trus!. ~¡Il. 4, Have you hat! more than $250 wonh of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes _ N¡K. If yes, please indicate person(s): 5. Please identify each and every person, including any agents, employees, consultants, or independent Contractors who you have a>signed to rep'esent you before the City in this matter. ?rJ b R. rf.i-;) ~E::¡)l4> Br.l. kR&L 6. Have you andlor your officers or agents, in t!:J aggregate, contributed more than $ 1,000 to a Council member in the current or preceding electior period? Yes _ No t- If yes, state which Council members(s): . . . (NOTE: Attached additional pages as necess ...'. Date: d',;).. f - '1 '1 Signature of Contractorl plicant 4--,.,; DW G.£P/4 (!Jy..Jj ~ Print or type name of Contractorl Applicant " Person is defined as: "Ary individual, finn, co-pannership, joint venture, association, social club, fraternal organization, corporation, estate, rnm, receiver, syndicate, this and any other county, city or country, city muniCIpality, disrrict, or other political subdivision. or any other grol.W or combination acting as a unit. 15 /{, ~ ? --_.._-"._"~_..._-----"._.._---,----- COUNCIL AGENDA STATEMENT Item Meeting Date /7 4/13/99 ITEM TITLE: Resolution / '7 Ýc2 Y Accepting bids and awarding contract for the "Pavement Rehabilitation Program - FY1998/99 (STL242)" Project; and authorizing the Director of Public Works to utilize any remaining funds within this project for the rehabilitation of additional streets shown on the attached exhibit. SUBMITTED BY: Director of Public Works ~ REVIEWED BY: City Manager 6f: '7 r- (4/5ths Vote: Yes_NoXJ {it'. At 2:00 p.m. on March 3, 1999 in Conference Room 3, the Director of Public Works received sealed bids for the "Pavement Rehabilitation Program - FY1998/99 (STL242)" Project, in the City of Chula Vista, CA. The general scope of the project involves the placement of a 11/z- inch thick asphalt concrete overlay on various streets within the City of Chula Vista. RECOMMENDATION: That Council approve the resolution accepting bids and awarding the contract for the "Pavement Rehabilitation Program - FY1998/99 (STL242)" Project to Frank & Son Paving, Chula Vista, in the amount of $149,200.00; and authorizing the Director of Public Works to utilize any remaining funds within this project for the rehabilitation of additional streets shown on the attached exhibit. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Pavement Rehabilitation Program is an annual commitment by Council to maintain the City's infrastructure. To this effect funds were budgeted during the FY 1998-99 Capital Improvement Program (CIP) for this program. The rehabilitation of existing street pavement is necessary to cost effectively extend its life and avoid further deterioration of the pavement and base material. Failure to rehabilitate will subsequently result in an accelerated rate of deterioration, which would ultimately result in more costly full reconstruction of the pavement. Our Pavement Rehabilitation Program consists of several strategies, which are reviewed and applied based on the condition of the roadway, traffic volume, type of street and costs. The streets to be rehabilitated this year will receive a 11/2-inch thick asphalt concrete overlay. The use of an asphalt overlay is a less expensive way of restoring the structural integrity of streets that are in the early stages of failure and showing future signs of failure through cracking. This overlay would prolong the life of the pavement for many years and reduce the need to reconstruct the streets. The streets to be rehabilitated and the process utilized are shown on the attached exhibit "A". /7/1 Page 2, Item Meeting Date 4/13/99 The project was advertised for a period of four weeks and bids were received as follows: CONTRACTORS BID AMOUNT 1 Frank & Son Paving, Chula Vista, CA $149,200.00 2 Sim J. Harris, Co., San Diego, CA $152,500.00 3 ABC Construction Co., Inc., San Diego, CA $157,877 .00 4 Star Paving, Inc., San Diego, CA. $159,800.00 5 Hazard Construction Co., San Diego, CA $162,245.00 6 SRM Contracting and Paving, San Diego, CA $187,210.00 7 J.D. Paving, Inc., San Marcos, CA $189,235.00 8 Angus Asphalt, Inc., Santee, CA $203,153.00 9 Asphalt, Inc., El Cajon, CA $205,100.00 The low bid for this project by Frank & Son Paving, Chula Vista, is below the Engineer's estimate of $197,150.00 by $47,950.0 or 24%. The Engineer's estimate was based on bids received for similar projects by the City and by other Agencies. Compared to the bids received by the City for previous similar projects, Staff received excellent bids for this project. The specifications required that all contractors have the relevant experience in doing a similar overlay project. We have contacted the references provided by Frank & Son Paving and determined that they have the relevant experience necessary to complete this project as defined in the specification. In addition, we have verified their license and determined that it is current and in good standing. We therefore recommend that the contract for the Pavement Rehabilitation Program - FY1998/99 (STL242) Project be awarded to Prank & Son Paving, Chula Vista. Additional Streets to be Added The streets to be overlayed are listed on Table 1 of Exhibit "A" in order of priority. The project specifications provided for the City to have the flexibility of increasing or decreasing the number of streets to be overlayed based on the bids received. Since the low bid received for this pavement rehabilitation project is well below the engineer's estimate, staff recommends that any balance of the funds be used to overlay the remaining streets as shown on Table 1 of Exhibit "A". The approval of this resolution would authorize the Director of Public Works to direct the contractor under the existing contract terms to add streets to the contract at the unit prices bid for the original scope of work. Based on the unit prices bid by the contractor, we estimate that we have sufficient funds to also overlay Gretchen Road (priority no. 5) and install pedestrian ramps required on that street as part of the new improvements. The remaining streets (priorities 6, 7 & 8) that are not overlayed will be included in next year's pavement rehabilitation program. J7-Å -_._-------~._._'- Page 3, Item Meeting Date 4/13/99 Prevailing Wage Statement This project is primarily funded through Gas Tax Funds. Based on the current project funding guidelines, no prevailing wage requirements were necessary as part of the bid documents. Environmental Status The City's Environmental Coordinator has reviewed the work involved in this project and determined that the project is exempt under Section 15301(b), Class 1 of the California Environmental Quality Act (CEQA). Disclosure Statement Copies of the contractors Disclosure Statement are attached. FISCAL IMPACT: Financial Statement FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $149,200.00 B. Contingencies $80,800.00 C. Material Testing $ 5,000.00 D. Staff Cost (Design, Inspection, Traffic and Surveying) $ 19,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $254,000.00 FUNDS AVAILABLE FOR CONSTRUCTION A. 250-2501-STL242 (Gas Tax Funds) $254,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $254,000.00 Funding for this project was budgeted .in the FY 98-99 CIP budget. The project as budgeted will utilize Gas Tax Funds. The action requested tonight would allow staff to expend these funds for the construction work. Upon completion of the project, only routine City maintenance (mainly street sweeping) will be required. Attachment: Exhibit A - Exhibit B - Tables Showing Streets and work to be done Contractors' Disclosure Statements (0735-IO-STL242) 04/07/994:59 PM H:\HOME\ENGlNEER\AGENDA\STL242.AC (W) /7-3 ~-^_.,.., .---.-,-.---.---."" .__.._._-~._-_..". ._,---, RESOLUTION NO. )91.)1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "PAVEMENT REHABILITATION PROGRAM FY1998/99 (STL242)" PROJECT; AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO UTILIZE ANY REMAINING FUNDS WITHIN THIS PROJECT FOR THE REHABILITATION OF ADDITIONAL STREETS SHOWN ON THE ATTACHED EXHIBIT WHEREAS, at 2:00 p.m. on March 3, 1999 in Conference Room 3, the Director of Public Works received the following sealed bids for the "PaVement Rehabilitation Program - FY1998/99 (STL242)" Project: CONTRACTORS BID AMOUNT 1 Frank & Son PaVlng, Chura Vlsta, CA $149,200.00 2 Slm J. Harrls, Co. , San Dlego, CA 1$152,500.00 3 ABC Constructlon Co., Inc. , San 1$157,877.00 4 Star Pavlng, Inc. , San Dlego, CA. $159,800.00 5 Hazard Constructlon Co. , San Dlego, $162,245.00 6 SRM Contractlng and Pavlng, San $187,210.00 7 J.D. Pavlng, Inc" San Marcos, CA $189,235.00 8 Angus Asphalt, InC. , Santee, CA $203,153.00 9 Asphalt, Inc" El CaJon, CA $205,100.00 WHEREAS, staff has determined that the & Son Paving, has the relevant experience necessary to complete the project; and low bidder, Frank and capabilities WHEREAS, staff recommends awarding the contract to the lowest responsible bidder, Frank & Son Paving, in the amount of $149,200.00; and WHEREAS, based on the bids received, monies are expected to be available in the project budget to add streets to the overlay project and staff is recommending authorization to uSe such funds for this purpose; and WHEREAS, the Pavement Rehabilitation Program is an annual commitment by Council to maintain the City's infrastructure; and 1 /?-( WHEREAS, funds were budgeted during the FY1998-99 Capital Improvement Program (CIP) for this program; and NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chu1a vista does hereby accept the nine bids for the "Pavement Rehabilitation Program - FY 1998/99 (STL242)" Project and award the project to Frank & Son paving, the lowest responsible bidder, for the bid amount of $149,200.00. BE IT FURTHER RESOLVED the Director of Public Works is hereby authorized to utilize any remaining funds budgeted for the project for the rehabilitation of additional streets designated thereby as contemplated by the project documents. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized to execute said contract for and on behalf of the city of Chula vista. Presented by Approved as to form by John P. Lippitt Director of Public Works G. ~ ~ H:\Home\Attorney\Reso\pavement.Bid 2 )7-~ :; ...: ¡;¡ ,.¡ i5 u~ ...:,.. -~ ~~ ~""' O· ~...: ..u z~ 0", ~~ ...:" "'1 c;3s == ;¡u ¡;¡~ ~~ ,.¡u ;:;:,.¡ ~~ o;~ '" oi ~ ~ ~ § ~ u oi ~ 8 E; ~ ~~ ~ ~ h < ~ ~ '" ~ oi ~ êi ::i '""' :d o u u ~ ~g :"1:; § ~ d '""'" ~; ~ '" ... '" ~ ~ ~ o i 00 ~ i 00 ~g ~ g g g ~ 0 ~ ~ ~ ~ 'o:tcx¡..,.""qoooo '¿~~"~"~~~i~ g g 800 ..,. ..,. \0 ~_.~" ..¿ '!i...,." ~ 000 0 N = $ o c ~ ~ ~ ~ ~ ~ ~ ~ o 0 N coo 0 0 N .. .. 00 §OCCOO~ '>D" II! ~ ~ 0 VI VI VI VI ~ ex¡ ~ ~ ~ $ $ $ $ ~ :G ~ M ~ ~ ~ <:"f N" '<t <:> c 0 >n ~ ~ fS ~~OCC! -6..0 ~ §1~~_N.ŠB~E~~ ~ N N"....,"...{ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" ~~~~~~~~ õ;; ~ ~ :J :: ~ :: õ<: ~ g ~ g ~ ~ ~ ~ :=: ;::.00 ~.~.I.O.'¿N" (-t~~~g:.::: ~~g8~ QOr--I'1,~\O ~"~~f~;;G I ~ ~ ~ ~ ð í;; ~ 0. S ~ S S ~ 0 f-;~ f-o ~ f-o '" ¡:;.. ~ ~ ~ ~ v¡ ~ ~ ~ ~ ~ 0 ~ ¡§;:a¡;:i i ~ "" ~ 00 ~ :s ~ ~ :;1 ¡¡ ~ ffi > 3 !:( Q COO C ~ ~ ::! ;1; M~'¿Ñ \Q <"I N ~ ~ { .~ \- <Õ :to x III ... ~ ~ g Ui "" ~ ::E ~ 0 s hËi ~ ~ ~ < S ~ ~ ~ ~ ~ " 0 ~ 0 í;; ~ iBi;:i~ ~ ~ dffi~ n~g ...... N ...., ..,. VI '" r-- 00 J?-? THE CITY OF UIULA VISTA DISCLOSURE STATEI\1EI'iT You are required to file a St:lternem of Disclosure of cenain ownership or fmancial interests, payments, or campaign cC)ntnhu[ions, on all matters which will require discretionary action on the part of the Cicy Council, Planning CommIssion, and ali olhèr offi¡;ial booies. The following information must be disclosed: 1. List the names of all persons baving a fmancial interest in the property which is the subject of the application or the Contract, e,g., owner, applicant, Contractor, subcontractor, material supplier. Frar.S1SCO VaSCiUeZ Abela Vasquez 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. FranS1SCO Vasquez Alicla Vasquez 3. If any person" identified pursuant to (I) above is non-profit organization or a 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. N/Þ. 4. Have you had more than $250 worth of business transacted with anI member of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes _ No _ If yes, please indicate person(s): 5. Plea5e Identify each and every person, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this maner. Franslsco Vasc~ez Alicia Vasquez Jose Bautlsta 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Council member in the current or preceding elec1ion period? Yes _ NoL If yes, state which Council members(s): Date: March 3, 1999 / " . " (NOTE: Attached additional pag~}8~essa~' V / /Ca /~. ( ///;::;:f~/'/ , ~ " ,/r/;:~~,,, Signature of Coh;,Jlc\oµAPplicant Alicla Vasq1.le{,/~rank and Son Pavlng, Inc. Print or type name of Contractor/Applicant .~ .. I!$.uQa. IS de fired as: "AI'J)' i'ldi\'!dual. firm, co·pannuship, Joint venture, associalÍon. social dub, fraternal organization, corporation. estate, trust, receiver, s)'ndicQ't. this Dfld Q'/\ atlla count)', dt)' or country. dry municipaI1r;, district, or other political subdÍ\'iJlo!~, or an)' orher group or combination acting OJ a unit. 14 /7~ 7 ¡;:;x'H-ibiT " f?:::/' COUNCIL AGENDA STATEMENT ITEM TITLE: Item /6 Meeting Date 4/13/99 . /" Resolution / J Y2!:> Approving an Amendment to the Chula Vista Portion of the 1998 - 2004 Regional Transportation Improvement Program (RTIP) and Authorizing its S7bmi I to the San Diego Association of Governments, SANDAG Director of Public Work~ City Manager~'~ (4/5ths Vote: Yes_No_XJ . 7~ i~ r,J SUBMITTED BY: REVIEWED BY: On April 7, 1998, the Chula Vista City Council held a public hearing and approved a resolution (copy attached) adopting the 1998 - 2004 six year Regional Transportation Improvement Program (RTIP). On July 24, 1998, the SANDAG Board of Directors adopted the RTIp including the TRANSNET program of projects. The RTIp covers Fiscal Years 1998 through 2004. This is Chula Vista's first amendment to the 1998 - 2004 RTIP and primarily concerns changes to the cost estimates and schedules of projects in the biennial element of the RTIP (FY 1999-00 and 2000-01). The SANDAG Board of Directors will consider amendments at its June/July meeting. The deadline for local agency project submittals to amend the RTIp is April 19, 1999. RECOMMENDATION: That Council approve an amendment to the Chula Vista portion of the 1998-2004 Regional Transportation Improvement Program and Authorize its submittal to the San Diego Association of Governments, SANDAG. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The 1998-2004 San Diego Regional Transportation Improvement Program (RTIp) is a six year program of proposed major highway arterial, transit, bikeway and aviation projects. Development and approval of the RTIp by SANDAG is a requirement for the continued receipt of State and Federal Transportation project funding. The Proposition "A" Ordinance and Expenditure Plan, requires that all proposed projects in this program be included in the RTIP. The Proposition "A" Ordinance and Expenditure Plan also states that revenues generated by the sales tax measure will be used solely for transportation improvement projects. The Chula Vista RTIP was adopted by the City Council on April 7, 1998 following a public hearing. The adopted RTIP is consistent with the City's Capital Improvement Program. The projects and their corresponding amounts were programmed as follows: )2----/ Page 2, Item Meeting Date 4/13/99 Project Current Fiscal Year Proposed Fiscal Year Amount Amount 1. E Street, 1-5 to Broadwav !ST-964) $1,361,000 97-98 to 98-99 $1,641,000 97-98 to 99-00 2. H Street, 1-5 to Broadwav !STM-334) $1,126,000 98-99 to 99-00 $1,126,000 98-99 to 99-00 3. Main Street, Broadwav to 1-805 (STM-332) $2,000,000 98-99 to 00-01 $2,030,000 98-99 to 00-01 4. FY 00/01 Pavement Rehabilitation $1,000,000 00-01 $1,000,000 00-01 5. FY 01/02 Pavement Rehabilitation $3,000,000 00-01 to 01-02 $3,000,000 00-01 to 01-02 6. FY 02/03 Pavement Rehabilitation $4,000 ,000 02-03 $4,000,000 02-03 7. FY 03/04 Pavement Rehabilitation $4 881.500 03-04 $4 881.500 03-04 Totals $17,368,500 $17,678,500 The projects involve widening and reconstruction work, including but not limited to, installation of asphalt concrete pavements, curbs, gutters, sidewalks, street lights, drainage facilities, etc. Approval of this Resolution will constitute the first amendment to the 1998-2004 RTIP. The amendment consists of the following: 1) Increase the programmed amount of Project No.1, E Street, 1-5 to Broadway, from $1,361,000 to $1,641,000. Construction is scheduled to begin in the summer of 1999. 2) Increase the programmed amount of Project No.3, Main Street, Broadway to 1- 805, from $2,000,000 to $2,030,000. The City submitted an application to SANDAG for funding under the Federal Surface Transportation Program (STP) reserve fund for said project. Chula Vista's STP targeted funding amount was determined to be approximately $970,000. Currently, Main Street between Broadway and Hilltop Drive is in the Capital Improvement Program (CIP) as STM- 322, and includes $2.0M in Transnet funds. Under said application Staff proposed to extend the rehabilitation limits easterly to I-80S, in order to fully utilize the federal grant revenue. The cost to rehabilitate the new limits of Main Street from Broadway to I-80S is currently estimated to be $3 million. An additional $1.0M will be required to support the current budget. If our application is approved, the City will be reimbursed approximately up to $970,000 in STP federal funds. An additional TRANSNET funding of $30,000 will need to be programmed for the construction of the project. Construction is scheduled to begin in FY 00-01. J?)/ ;L Page 3, Item Meeting Date 4/13/99 The amended list of projects to be proposed for inclusion in the upcoming RTIP amendment, along with the corresponding estimated costs, are presented in Tables 1 and 2. The revenue/expenditure estimates are shown on Table 3. FISCAL IMPACT: SANDAG is projecting the City's TRANSNET revenues to be higher than originally anticipated. Staff is proposing two minor cost increase amendments to the FY 1998 - 2004 Regional Transportation Improvement Program totaling $310,000. This increase will not affect the proposed funding schedule for the other projects listed in the 1998 - 2004 RTIP. Funds for the 1998 - 2004 RTIP projects must be allocated by future Council action in conjunction with the CIP. File #0390-45-KY-174 Attachments (tables 1, 2 and 3) H:\HOMElENGINEER\AGENDA\RTIP99M.A WS /~"-3 RESOLUTION NO. /' /9;j;L}? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CHULA VISTA PORTION OF THE 1998 -2004 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS, SANDAG WHEREAS, on April 7, 1998, the city Council held a public hearing and approved a resolution adopting the 1998 - 2004 six year Regional Transportation Improvement Program (RTIP); and WHEREAS, on July 24, 1998, the San Diego Association of Governments (SANDAG) Board of Directors adopted the RTIP including the TRANSNET program of projects which covers Fiscal Years 1998 through 2004; and WHEREAS, staff has presented to the City Council and recommended approval of an amendment to the 1998 - 2004 RTIP which proposes changes to the cost estimates and schedules of projects in the biennial element of the RTIP (FY 1999-00 and 2000-01); and WHEREAS, the SANDAG Board of Directors will consider amendments at its June/July meeting and the deadline for local agency project submittals to amend the RTIP is April 19, 1999. NOW, THEREFORE, BE IT RESOLVED the city council of the City of Chula Vista does hereby approve an amendment to the Chula Vista portion of the 1998 2004 Regional Transportation Improvement Program (RTIP) in the form presented and authorizes its submittal to the San Diego Association of Governments (SANDAG). Presented by Approved as to form by John P. Lippitt, Director of Public Works -;r H:\home\lorraine\rs\rtip /¿r/ t( RESOLUTION NO. I~!b ?~50LUTION OF THE CITY COUNCIL OF THE CITY OF c-.::mLA VISTJ.. ADOPTING THE SIX-YEAR TRANSNET LOCAL STREl:.l'S AND ROJ..D PROGRAM OF PROJECTS FOR FISCAL YEÞ.RS 1998-99 THROUGH 2003-2004 AND J..?PROVING THE SUBMITTAL OF CHULA VISTA'S TR~~SPORTATION IMPROVEMENT PROGRAM TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS SANDAG FOR INCLUSION IN THE REGIONJ.~ TRANSPORTATION Lt.!?ROVEMENT PROGRAM (RTIP) w~S, ~e San Diego Regional Transportation Improvemem: ?rograJIl (RTIP) is a six-year program (fiscal years 1998-1999 ~~~ough 2003-2004) 0= proposed major highway, arterial, t~ansit, b~:eway, anà aviatiDn projects; and by the S~~ Diego Association of Governments requirements for ~he continued receipt of State transportation projec~ funding; and "i1'ZREAS, the annual development and approval of the RTIP (SANDAG) are and Federal WñEREAS, -::he "Proposition .. A' TransNet Transportation Improvement Program - Ordinance and Expenditure Plan ~ also requires tha~ all proposed projects funded with TransNet funds be included in -::he Regional Transportation Improvement Program (RTIP); and .. WHEREAS, Chula Vista's proposed six-year RTIP involves the programming of $18,123,000 in projected TransNet revenue and $2,175,036 in projected federal Intermodal Surface Transportation Efficiency Act (ISTEA) revenue. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt the six-year TransNet Local Streets and Roads Program of projects for fiscal years 1998-99 through 2003-2004 and approving the submittal of Chula Vista's Transportation Improvement Program to the San Diego Association of Governments (SANDAG) for inclusion in the Regional Transportation Improvement Program (RTIP). Presented by Approved as to form by Û--- yvt,~/~ John M. Kaheny, City Attorney Jo~~ P. Lippi~t, Director of Public Works c: \rs\:'"'tip /;ç~5 -. --- -rt ... .s.. N Õ Q; <U ~ (/J ..... µ.¡ .....:¡ ~ E-< ~ o "" Ô ~ o "" I?i E- U ¡:; o p:: ~ E- ~ Z '" ~ ¡: P:; ¡::: ...¡ < Ô G g¡ ~ o , 00 0-, 0-, ~ 00 r-- N '" , ~ 0> <0 ¡,; r:: o ~ C. 0> 0> 0> ri .§. < -e Q) .a ~ "S ü III r:: :0 :; ;;, m "C ~ III Co ~ C. III ûí :> III :; ~ ü - o Z' Ü ~ r:: Q) :¡ o Z 000)0)0)0 0) CJ') 0') 0)0 00000 r--.:oa;jcOci mCD mco ..... O~N 000 r--.:OtO 0><0 00 cOo 0>00 O.N ~ WWl!:üü r-- '" o '" r:: -'-0 r::'ij :B 2 .!ûí Q) r:: .a8 . Q) 51!: t5ã> :0 Q) ~ ~ 1;)00 r:: , 8>- Q) III I!: ;;: _"C Q) III Q) 0 ~ ~ ¡¡¡m "C ~ æ o z 0>00 0> 0 0 "! ~ ... "!. 000 ujr--.:..¢ NCO'" ~~OO "! ~ ... co. ~oo 1.O~.q: NCO'" ~ ~ 00 f- WWü r-- '" o "C r:: III ~ r:: Q) r:: Q) 0 .!'" Q) 0 .a2 ûí r:: o o Q) I!: é o 'ij 2 "Øã; § ~ ~û5 I!: 1Di;' ~ ;;: û5-g . 0 t=ãs N o z O>O~ 0> 0 0 o <D N ~ ~ 000 L()uio oo~'" "'''!. o <D N ~ ~ 000 Lria06 oo~o '" co Ñ f- WWü ... N N r:: o ~ :ã1.O 1110 '<;;;00 Q) , I!::;; -r:: ði III E>- Q) ~ >"C III III C.o miD ~ r:: - Q) (/J Q) .~ ~ :;.a '" lor? o o r-- 0> o z o 000 o o '" o Ñ 000 oOON 000> N 00 o o r-- 0> o o o o ri 000 aeON 000> N 00. f- WWü E C! 0>'" eñi c.c1j 5 ~ ~.2 ~(/)Q) :.ãoð:2 2! '" $: Cl>m' I!:Q)Z' _ CJ).- æ .9-8 E'<;;; Q)Ü iV en c.~ ~"t: e ~ go >-ü "-< ... o o o o. o o o "!. o o o N. o o o N Ñ f- "E Q) E Co ·5 C" W Ùi Q) "õ E o Q) G > Uì r:: o '" C! Q) Co Q. o :§ o t::. f- ê o ~ :0 ~ ûí r:: o ~ ü ~ ~ "'- o ..!. .<;;; 0> ~ I!: ~ '" '" 0- ;:: a:: C '" Õ. > ~ ~ -ä r:: ë, r:: III ¡¡: oð 0> r:: .¡:: Q) Q) r:: ,,, r:: !!:!- W iJj W (/J < I c. ...... ~ .....:¡ ~ f-; N .... o N Q) Q) .r; VJ ~ o ~ Ô ¡:: ~ o ~ ~ E-< U ¡:¡ ~ ~ E-< ~ ~ ~ P:; ¡:: ..¡ « Ô ~ c::J gj "<t o , 00 a-, a-, '" I'- N "" , ~ Q) <0 ¡.; c: o .r; "- Q) Q) Q) ri ~ .¡: a- « -e Q) "" .r; "5 Ü '" c: ::J :::;; ;.;, m "t:> Q) ~ '" a- ~ "- J!! '" :> '" "5 .r; Ü - o ~ Ü ;.;, () c: Q) 0> « o Z ~NN C) C) C) C) C) C) oeON O~CD C) C) C) c:icriC'\i C) '" ~ ... <0_ '" WWÜ E I!! o>.!!! e '" "-c1! c: .º ~ 19.2 :.:cnQ) :goð~ .r;"'> Q)"iij ~~~ æ .g.~ ~6 i:u vi "-1U' N;:: ° Q) - > 00 >-ü U-« "" ° ci ° ° ri o Z N'" '" 00 ° ° ci ° C) ri ° ci ° N_ ~ 00 ° 000 """" ° ~"'N C) ci ° N .,: 000: cido """"0 ~"'N .,: f- WW0 E I!! 0>'" ern "-c1! 5~ "3 ~V;ãJ :Coð~ ~~> Q) '" ~~~ 5i .9-8 ~6 ~ ø "-1U' "';:: ° Q) - > ¡:jo >-0 U-« <0 ° ci ° ° .,: o Z "'...... C) C) C) ° ci ° ° .,: ° ci ° N_ OLO~ oNt-- ",,0'" ~I'-'" ° ci ° N .,; 0:1.00: ONe» ""ON ~I'-N .,; f- WW0 E I!! 0>'" e"iU "- Q) UJ 5 ~ :æs ~ëñQ) .- "t:> ""oðs; ~.!!!> Q) '" ' ':c1!~ c: a-ü (1)._- E.r; Q)Ü > - '" '" ,,->- '" ...;:: OQ) - > 80 >-0 U-« I'- /8-;- "" ~ '" '" .,: "" ~ '" '" .,: ° ci ° "! ~ èXi C) cD f- ~ "E Q) E a- ·5 C" W - '" Q) 13 :c () ~ > ~ c: o '" I!! Q) a- S?- o "iij õ l::- f- ê o t5 2 ûí c: o S o >; ~ "'- 9 E 0> ~ a:: a ;;: .,; a> CL >= g; c rn C. > ~ -:--: ;s "õ> c: .¡: c: '" ã: oð 0> c: .¡: Q) Q) c: .6> c: !!:I. W UJ W UJ « I "- TABLE 2 1998-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City ot Chula Vista Prepared By: Muna Cuthbert Date: Phone: April 13, 1999 (619) 691-5278 Project Name: Limits (to/trom): E Street Reconstruction 1-5 to Broadway Project Length: 0.37 Miles or, X Kilometers (to Nearest 1/10 miles/kilometer) 1) Provide design concept and scope including all capacity improvement facilities and limits. 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange Of ramp configuration, intersection and traffic signal locations. etc. Estimate Cost: Funding Sources: Engineering Right-ot-Way Construction Total $257,000 $8,000 $1,376,000 $1,641,000 Federal State TransNet $1,641,000 Local x 1999 $ Esc.lFuture $ (Check One) (Identify committed funds with asterisk) Schedule: Start Construction 04/99 (Month - Year) Open To Traffic 07/99 (Month - Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED·· (h :\home\engineerladvplan\rtipest. wb 1 ) /~/Y TABLE 2 1998-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Prepared By: Muna Cuthbert Date: Phone: April 13, 1999 (619) 691-5278 Project Name: Limits (to/from): H Street Reconstruction 1-5 to Broadway Project Length: 0.37 Miles or, X Kilometers (to Nearest 1/10 miles/kilometer) Description: This project provides for the rehabilitation of the existing pavement, the installation of drainaae facilities and the installation of wheelchair ramps as part of the intersection improvements. The street currently has a hiah crown as a result of manv years of overlayina the pavement. This condition has resulted in damaae to vehicles accessing the businesses located on that street. In addition, the pavement has deteriorated significantlv due to inadequacy of the existing pavement section in sustainina current traffic volumes. Additional drainage inlets will be necessary due to preliminary calculations which indicate that the dry-lane requirement will not be met when the existing high crown is reduced to the standard two percent crown. 1) Provide design concept and scope induding all capacity improvement facilities and limits. 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering Right-of-Way Construction Total $292,000 $0 $834,000 $1,126,000 Federal State TransNet $1,126,000 Local x 1999 $ Esc.lFuture $ (Check One) (Identify committed fundS with asterrisk) Schedule: Start Construction 09/99 (Month - Year) Open To Traffic 01/00 (Month - Year) "" ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED"" (h:\home\engineerladvplan\rtiphst. wb1) /g-~ I TABLE 2 1998-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Prepared By: Muna Cuthbert Date: Phone: April 13, 1999 (619) 691-5278 Project Name: Limits (to/from): Main Street Pavement Rehabilitation Broadway to 1-805 Project Length: 2.24 Miles or, X Kilometers (to Nearest 1/10 miles/kilometer) Description: This project involves the complete rehabilitation on Main Street, between Broadway and 1-805. It includes limited reconstruction in some area and an AC pavement overlav application suitable to extend the pavement life by at least tenvears. It also includes the installation of AC berm along edge of pavement. This section of Main Street carries a high volume of vehicle and truck traffic. Its pavement condition is very poor and in need of rehabilitation. 1) Provide design concept and scope including all capacity improvement facilities and limits. 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering Right-of-Way Construction Total $400,000 $0 $2,600,000 $3,000,000 Federal State TransNet Local $2,030,000 $970,000 x 1999 $ Esc.lFuture $ (Check One) (Identify committed funds with asterrisk) Schedule: Start Construction 09/00 (Month - Year) Open To Traffic 01/01 (Month - Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED·' (h :\home\engineer\advplan\rtipmainst. wb 1) /6"/0 TABLE 2 1998-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Prepared By: Muna Cuthbert Date: Phone: April 13, 1999 (619) 691-5278 Project Name: Limits (to/from): FY 2000/01 Pavement Rehabilitation Program City-Wide Project Length: Unknown Miles or, Kilometers (to Nearest 1/10 miles/kilometer) Description: This program will consist of AC overlay, chip seals and slurry seal rehabilitation strategies to deteriorating pavements throughout the City. Rehabilitation of the existing street pavement is necessary to cost effectivelv extend its life and avoid further deterioration of the pavement and base material. 1) Provide design concept and scope including all capacity improvement facilities and limits. 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering Right-of-Way Construction Total $308,000 $0 $1,892,000 $2,200,000 X Federal State $1,200,000 TransNet $1,000,000 Local 1999 $ Esc./Future $ (Check One) (Identify committed funds with asterisk) Schedule: Start Construction 03/01 (Month - Year) Open To Traffic 06/01 (Month - Year) "" ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED"" (h:lhomelengineerladvplanlrtip01 over.wb1) /g--j I TABLE 2 1998-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Prepared By: Muna Cuthbert Date: Phone: April 13, 1999 (619) 691-5278 Project Name: Limits (to/from): FY 2001/02 Pavement Rehabilitation Program City-Wide Project Length: Unknown Miles or, Kilometers (to Nearest 1/10 miles/kilometer) Description: This program will consist of AC overlay, chip seals and slurry seal rehabilitation strategies to deterioratina pavements throuahout the City. Rehabilitation of the existing street pavement is necessary to cost effectively extend its life and avoid further deterioration of the pavement and base material. 1) Provide design concept and scope including all capacity improvement facilities and limits. 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering Right-of-Way Construction Total $588,000 $0 $3,612,000 $4,200,000 Federal State $1,200,000 TransNet $3,000,000 Local x 1999 $ Esc./Future $ (Check One) (Identify committed funds with asterisk) Schedule: Start Construction 03/02 (Month - Year) Open To Traffic 06/02 (Month - Year) "" ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED"" (h :lhomelengineerladvplanlrtip020ver. wb 1 ) /~/ /2. TABLE 2 1998-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Prepared By: Muna Cuthbert Date: Phone: April 13, 1999 (619) 691-5278 Project Name: Limits (to/from): FY 2002/03 Pavement Rehabilitation Program City-Wide Project Length: Unknown Miles or, Kilometers (to Nearest 1/10 miles/kilometer) Description: This program will consist of AC overlay, chip seals and slurry seal rehabilitation strategies to deterioratina pavements throuahout the City. Rehabilitation of the existina street pavement is necessary to cost effectively extend its life and avoid further deterioration of the pavement and base material. 1) Provide design concept and scope including all capacity improvement facilities and limits. 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering Right-of-Way Construction Total $1,000,000 $0 $4,200,000 $5,200,000 Federal State $1,200,000 TransNet $4,000,000 Local x 1999 $ EscJFuture $ (Check One) (Identify committed funds with asterrisk) Schedule: Start Construction 03/03 (Month - Year) Open To Traffic 06/03 (Month - Year) .. ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED" (h: \home\engineer\advplan\rtip030ver. wb1 ) ) g-~ /3 TABLE 2 1998-04 REGIONAL TIP PROJECT INFORMATION FORM Regionally Significant Capacity Increasing Projects Agency: City of Chula Vista Prepared By: Muna Cuthbert Date: Phone: April 13, 1999 (619) 691-5278 Project Name: Limits (tolfrom): FY 2003/04 Pavement Rehabilitation Program City-Wide Project Length: Unknown Miles or, Kilometers (to Nearest 1/10 miles/kilometer) Description: This program will consist of AC overlay, chip seals and slurry seal rehabilitation strategies to deterioratina pavements throuahout the Citv. Rehabilitation of the existing street pavement is necessary to cost effectivelV extend its life and avoid further deterioration of the pavement and base material. 1) Provide design concept and scope including all capacity improvement facilities and limits. 2) Either draw on reverse or attach figure showing before and after condition including lane diagram, interchange or ramp configuration, intersection and traffic signal locations, etc. Estimate Cost: Funding Sources: Engineering Right-of-Way Construction Total $852,500 $0 $5,229,000 $6,081,500 Federal State $1,200,000 TransNet $4,881,500 Local x 1999$ EscJFuture $ (Check One) (Identify committed funds with asterisk) Schedule: Start Construction 03/04 (Month - Year) Open To Traffic 06/04 (Month - Year) " ATTACH FIGURE WITH BEFORE AND AFTER CONDITION IF NEEDED" (h :\home\engineer\advplan\rtip040ver. wb 1 ) JJ-~ /1 TABLE 3 1998 - 04 RTIP REVENUE I EXPENDITURE TABLE TRANSNET FY REVENUE AMOUNT PROPOSED EXPENDITURE AMOUNT YEAR - END BALANCE 99 $1,991,500 . $1,571,000 $420,500 00 $2,940,000 $1,596,000 $1,764,500 01 $3,149,000 $2,630,000 $2,283,500 02 $3,364,000 $3,000,000 $2,647,500 03 $3,590,000 $4,000,000 $2,237,500 04 $3,832,000 $4,881,500 $1,188,000 TOTALS $18,866,500 $17,678,500 · This revenue amount is only for the projects in the 1998 - 2004 RTIP. The total revenue for FY 1999 is $2,746,000. (H:IHOMEIENGINEERIADVPLANIRTIPEX2.WB 1) /g-- ~/3 ~.._-,..".,.._--.~ COUNCIL AGENDA STATEMENT ItemÆ Meeting Date 04/13/99 ITEM TITLE: PUBLIC HEARING: To Review: The City of Chula Vista Community Development Block Grant (CDBGI Program and the HDME Investment Partnership Program Which Includes Consideration of Funding Requests for Public Services, Community Projects, Economic Development, Capital Improvement, and Administration and Planning SUBMITTED BY: Community Development Director (~. REVIEWED BY: City Manager G'lL ;)(2/ k- ~J (415ths Vote: Yes_ NolO BACKGROUND: Each year the City undertakes a process to solicit and approve programs and projects eligible for federal funding. This item addresses the review of the annual Community Development Block Grant (CDBG) program and the HOME Investment Partnership (HOME) program. The public hearing provides an opportunity for the public and Council to make comments on how CDBG and HOME funds can be allocated to meet the City's housing and community needs. COBG Prouram The City of Chula Vista is eligible to receive $2,020,000 in CDBG entitlement funds from the Department of Housing and Urban Development (HUD) for FY 1999·00. COBG funds will primarily benefit low and moderate income families, with a minimum of 70 percent of the funds required to be targeted to benefit low income households. Accompanying this report is the 1999,00 CDBG Notebook. Although not a HUD requirement, the CDBG Notebook has been used as a local tool by staff and Council members for several years to display an overall picture of all the CDBG requests for funding received on an annual basis. The Notebook compiles all proposed public service, community project. economic development. capital improvement project. and administration and planning activities for FY 1999,00. An additional segment of this public hearing is to afford residents of Chula Vista and the City Council the opportunity to comment on the manner in which CDBG funds should be allocated. Staff recommendations will not be made at this time and the City Council is not exoected to take any action other than to Diye desired direction. After thorough consideration of public comment. staff will prepare a report presenting CDBG funding recommendations for Council action tentatively scheduled for May 4, 1999. RECOMMENDATION: That the City Council conduct a public hearing to review and accept public comment regarding the Housing and Community Development needs for the 1999,00 CDBG program and HOME program. accept the staff report. and direct staff to return on or about May 4. 1999 with the final funding recommendations. /9- / Page 2. Item _ Meeting Date 04/13/99 BOARDS/COMMISSIONS RECOMMENDATION: A CDBG Ad·Hoc Committee consisting of members from the Economic Oevelopment Commission, Housing Advisory Commission and the International Friendship Commission have reviewed the COBG public service funding requests and have made funding recommendations. The recommendations of these Commissions will be included as part of staff's recommendation at the City Council meeting tentatively scheduled for May 4,1999. DISCUSSION: For the 1999-00 COBG program, the City of Chula Vista will receive a COBG entitlement of $2,020,000. The total amount of COBG funding requested, which includes all funding requests from community organizations and the City, is summarized as follows: 1< < < 7' < < I'. Public Service Funding $413,134 Community Projects $272,500 Economic Oevelopment $236,292 Capital Improvement Program $1,616.791 Administration and Planning $501,696 TOTAL $3.040.413 In order to be eligible for block grant funding, a project or service must address at least one of the COBG national objectives which are: 1) Benefit primarily low and moderate income families; 2) Aid in the prevention or elimination of slums or blight; and 3) Meet other community needs having a major emergency (disasters, etc.). Community·based non profit organizations will make a presentation before Council in the order presented below. Staff is available to resoond to Council questions reqardinq the City CDBG fundin~ reouests. Public Service Funding Requests The City received seventeen (17 ) eligible requests for public service funding totaling $413,134. The City may allocate up to $303,000 for public service organizations, based on a 15 perceni cap of the entitlement funds. All of the funding requests from public service organizations are CDBG·eligible as they meet the national objective to primarily benefit low income families. A CDBG Ad-Hoc Committee consisting of members from the Economic Development Commission, Housing Advisory Commission and the International Friendship Commission reviewed the public service funding requests and have made their funding recommendations. The proposals are included in the CDBG Notebook under Public Service Requests in the following sequence: )9-~ Page 3. Item _ Meeting Date 04/13/99 PUBLIC SERVICE REQUESTS YOUTH SERVICES AMOUNT REQUESTED $15,000 $128,000 This program provides youth education and counseling services in the area of tutoring/literacy, fine arts, mentoring, and day camp services. This collaborative is comprised of South Bay Community Services, Chula Vista Police Activities league, South Bay Family YMCA, Boys & Girls Club of Chula Vista, Vista Square Healthy Start, the Chula Vista Coordinating Council, MAAC Project, and Chula Vista Parks & Recreation Department $50,000 The Sharp Mobile Health Care Clinic will provide health care to children whose parents cannot afford health insurance. The Mobile Health Clinic will rotate among seven strategically located schools. Volunteers and nurses will transport students to the clinic from schools throughout the School District Funds will be used to assist in the purchase of the mobile clinic vehicle. $4,000 This program has developed an educational program to pique the interest of children in reading through the publication of a magazine. The magazine will be distributed to all elementary school children free of charge three times a year. Older children will be involved as book reviewers and make reading recommendations through the magazine. Funds will be used for printing cost of the pilot edition of the magazine. PUBLIC SERVICE REQUESTS SENIOR SERVICES AMOUNT REQUESTED $16,000 The Meals on Wheels program is geared toward keeping seniors and other disabled persons independent and living in their own home. Volunteers deliver two meals a day, five days a week to all agency clients. Funds will be used to fund a portion of the gap between the $8 daily cost of delivering hot meals and the $5 per day fee charged to the clients. $9,034 The St Charles Nutrition Center enables homebound frail elders to live with independence and dignity in their own home. Without daily nutritious meals, the homebound would risk malnourishment and deteriorating health since many are unable to prepare their own meals. Funds will be used to defray the meal cost for low· income seniors unable to contribute. /9-3 Page 4, Item _ Meeting Date 04/13/99 $4,000 Shared Housing is a low-cost housing option for individuals interested in sharing their home Dr for those seeking a home, at a reduced cost. The Shared Housing process insures a good match is made between the home owner and the home seeker. Funds will be applied toward the Shared Housing Coordinator's salary expenses. $12,000 Adult Protective Services attempts to prevent institutionalization and improve the quality and independence of life for disabled and disadvantaged senior citizens by offering various programs including mental health case management, senior employment. and adult day health care. Funds will be used to transport disabled elderly Chula Vista residents to the South Bay Adult Health Care Center. PUBLIC SERVICE REnUESTS MISCELLANEOUS AMOUNT REQUESTED $8,318 This program assists homeless families and individuals by providing vouchers for accommodation at local motels in the South Bay during the severe winter months. Funds are used exclusively for the purchase of vouchers. $12,000 Project Hand is an emergency and career assistance center that provides clients with shelter, food, clothing, transportation, medication, job search assistance, and utility assistance. Funds will be applied toward staff salaries and benefits. PUBLIC SERVICE REQUESTS MISCELLANEOUS AMOUNT REQUESTED $ 34,840 This program provides education and outreach services to children, youth and families to aid in the prevention of violence. This collaborative proposal is comprised of South Bay Community Services, Chula Vista Police Department, the Center for Community Solutions, YWCA Domestic Violence Services, and YMCA Family Stress Counseling Services. Funds will be used to support staff services. $5,000 Thursday's Meal provides free hot meals to the homeless and very low income residents of Chula Vista. Funds will be used to purchase paper products, storage rental for food items, support staff expenses and the administrative fee charged to Thursday's Meal by South Bay Community Services. Chula Vista Palice Department· Crime Free MultiHousing Program $9,034 The Crime Free MultiHousing program was developed by the Chula Vista Police Department to reduce crime in multi-family rental housing and to provide a safe living environment The program will encourage the cooperation of apartment owners to make recommended security improvements to the property and to promote resident involvement in the apartment community. Funds will be used to support the salary of the Crime Free Multi Housing Program Manager who will interact between the apartment manager and residents. /7~Y Page 5. Item _ Meeting Date 04/13199 $35,440 This program promotes the benefits of a healthy lifestyle, improve physical abilities, build confidence, and strengthen interpersonal skills for disabled individuals. Funds will be used to pay for staff services, operating services, and recreational equipment and supplies. International Christian Center· Samaritan Program & Services $10.000 The program consists of providing food to families in need and provide information and referral services to local health service agencies. Funds will be used for the purchase of food and for staff services. $12,QOQ This collaborative proposal is comprised of the Chula Vista Public Library, the Chula Vista Adult School and the Altrusa Club of Chula Vista. This coalition was established with the goal of reducing illiteracy in the community. The funds will be used to leverage a full· time Volunteer-ln-Service·To -America (VISTA) worker through the California State Library and for the purchase of instructional materials and supplies. $47,828 The Otay Recreation Center, currently under construction, is located in the OtayfMontgomery area of the City of Chula Vista. Through the community·wide master plan, this area was deficient of recreational facilities and will be the first facility built and programmed in over 2D years in the City of Chula Vista. Funds will be used to offset the Recreation Supervisor's salary. Community Project Requests The six (6) Community Project requests total $272,500 and include the following type of activities: [a] neighborhood revitalization/interim assistance; and [bl special activities by community·based development organizations. There is not a CDBG funding cap for this category. All of the funding requests are included in the CDBG Notebook under Community Projects and are summarized as follows: COMMUNITY PROJECTS NEIGHBORHOOD REVITALlZATIONIINTERIM ASSISTANCE AMOUNT REQUESTED $24,000 $37,000 South Bay Community Services, in partnership with the Chula Vista Police Department, is requesting funds to continue their community effort to eradicate graffiti painted on private businesses and residences. Youth offenders and community volunteers provide the labor. Funds are requested for the Program Coordinator position. $76,500 The Building Division of the Planning Department is primarily responsible for enforcing the state and locally adopted building codes. The funds will be used to develop collaborative relationships with neighborhood based groups for correcting Code violations and to fix·up and clean-up their neighborhoods. J9~s- Page 6. Item _ Meeting Date 04113199 COMMUNITY PROJECTS NEIGHBORHOOD REVITALlZATIONIINTERIM ASSISTANCE AMOUNT REQUESTED labor's Community Service Agency is requesting funds to purchase and install basic home security devices at no cost to the client as required to receive a license to provide child care. Eighty·five percent of the funds will be used to purchase and install the security devices. $10,000 Christmas In April's objective is to repair and rehabilitate homes of very low·income and/or elderly people in order for them to remain in their home. A home that receives rehabilitation is "sponsored" by a local business. The sponsor provides a "gift" in the amount of $2,500 for rehabilitation of the sponsored home. COBG funds will be used to offset any additional or unexpected repairs to complete the rehabilitation on the sponsored home. COMMUNITY PROJECTS COMMUNITY BASED DEVELOPMENT ORGANIZATION AMOUNT REQUESTED $75.000 This program creates housing/economic development opportunities for low income households. Funds will be used for staff services. Economic Development Requests The five (5) Economic Development requests total $236,292 and include the following type of activities: [a] job training; [bJ micro·loan program; and [c] business retention and expansion. There is not a funding cap for this category. ECONOMIC DEVELOPMENT PROJECTS AMOUNT REQUESTED $24,000 This program provides employment services and placement opportunities. Funds will be used for staff services. $26,500 This program provides youth employment training through the KIDZBIZ program. Youth are taught the essentials of operating a business. Funds will be used for rent on the facility. $30,792 This program provides small loans to Latina women who are interested in starting a day care facility in their home. Funds will be used to provide loans and some very minor child proofing devices. /7-~ Page 7, Item _ Meeting Date 04/13/99 $55,000 This propram expects to develop a retention program to assess the economic needs of the City and to identify local "cluster' industries and determine specific needs of individual companies. Funds will be use to pay for a Retention Specialist. BECA proposes to operate a Business Incubator to be located in the vacant Western Mutual building in Third Avenue. Funds will be used for the operation of the facility, tenant support services and staff salaries. Capital Improvement Program Requests The Capital Improvement program category includes both non-profit and City requests. The non-profit capital improvement requests total $157,500 and the City capital improvement requests total $1.459,291 for a total funding request of $1,616.791. The capital improvement program category does not have a funding cap limit. NoN·PRoFIT CIP REQUESTS AMOUNT REQUESTED _u ..u I ~?XSf , $52,500 ._,,-- u, The Boys & Girls Club is requesting funds to replace the existing HV AC system and to rehabilitate the kitchen facilities at the Oleander site. -=- :-- - .. $80,000 r This request is proposing to improve the play field adjacent to Feaster-Edison which includes a baseball back stop and play field, additional basketball hoops, and volleyball poles. -.- ..-. $ 25,000 ) , cumuy ""..." ..u" This City· owned building is in need of rehabilitation. The proposal includes interior and exterior painting, floor replacement, lighting and electrical upgrades, and parking lot repairs. CITY CAPITAL IMPROVEMENT PROGRAM AMOUNT REnUESTEO 1- . $534,000 I :;:~¡:~:o ' Im~, u'.G el~I~,... I This project involves the construction of dual storm drain pipes on First Avenue and the construction of new drainage facilities upstream of the channel across Tobias Drive. J9~? Page 8. Item _ Meeting Date 04/13/99 $119,000 The restroom facilities at these parks are not ADA accessible and cannot be renovated due to the limited size. $176.895 Connoley Park is approximately 25 year old and was a turn-key park. The turf, slopes, and playground equipment is in need of renovation. $214,000 The Chula Vista Elementary School District has requested a joint venture with the City to improve the playground amenities at Feaster-Edison Charter School. The scope of the work includes turfing and installing an irrigation system on two acres; installation of pathways; landscaping and playground equipment CITY CAPITAL IMPROVEMENT PROGRAM AMOUNT REQUESTED $60,000 The playground equipment needs to be replaced. Most has deteriorated to a point that it is unsafe and unusable. $57,700 The project includes replacement of six existing lights located along the north side of Park Way between Third and Fourth Avenues. $199,000 This project is part of the Sidewalk Safety Program which provides for the construction of sidewalk facilities in the Montgomery Area. The project is located on the north side of Orange Avenue, between Fifth and Fourth Avenue. $50,000 This project provides for the construction of concrete wheelchair ramps at an estimated 50 locations throughout the City on an annual basis. $48,696 Funds will be used to repay the Section 1 08 loan approved by HUO for the remaining funding portion of the Otay Recreation Center. Administration and Planning The following is a summary of the 1999-00 COBG Administration and Planning activities totaling $501,697. The City may allocate up to $404,000 for Administration and Planning, based on a 20% cap of the entitlement funds. ADMINISTRATION REQUESTS AMOUNT REQUESTED $ 28,000 /9-y Page 9. Item _ Meeting Date 04/13/99 The Human Services Council develops coalitions between the communities of human service providers to effectively utilize personnel and programs and serve as a catalyst to bring local government, private industry and business organizations together to address and resolve the communities needs. Funds will be used for staff services and printing materials. $71,885 SBCS is a legally recognized Community Housing Development Organization (CHOO) and provides various housing and economic development programs. Funds will be used to pay SBCS' rent. SBCS is located in the City-owned EI Dorado Building. $1,000 $9,912 This position provides information and referral services to community members, prepares quarterly statistical information on social service agencies and acts as a community liaison with other agencies. $30,000 This position provides programs that responds to the needs of the community and assists with the monitoring activities of the GDBG program. $38,000 The Fair Housing Council assists the City in providing fair housing opportunities, responds to resident's concerns, and provides landlord-tenant counseling. $250,000 Provides for staff costs in administering the COBG program. PLANNING REOUESTS AMOUNT REnUESTED $15,400 Phase I is the design and planning $30,000 $17,500 This project involves construction of concrete paving in the alley extending between Banner Avenue and Albany Avenue. GOBG funds will be used for the planning and design phase. /J~7 Page 10. Item _ Meeting Date 04/13199 HOME PROGRAM BUDGET The City will receive $843,000 in HOME funds from HUD for FY 1999-00. HOME funds may be used to provide affordable rental housing and ownership opportunities through new construction. acquisition, rehabilitation. and tenant-based rental assistance. Over the past five-years the City has used these funds to support new construction and acquisition activities related to the development of affordable housing. The following proposals are included in the CDBG Notebook under HOME Program Budget in the following sequence: $260,000 $84,300 Administrative costs for city staff to oversee the CDBG and HOME program. These administrative costs represent 14% of the CDBG budget and 1 D% of the HOME budget respectively. These costs include staff costs for coordination, accounting, monitoring of subrecipients, environmental review, and HUD reporting requirements. $126,450 $386,000 $246,250 Staff is proposing to implement a city-wide program to offer first time home buyer assistance for down payment and closing costs. FISCAL IMPACT: The City will receive $2,020,000 in CDBG entitlement funds. The fifteen (15) percent cap will limit the public service allocation to $303,000 and the twenty (20) percent cap will limit the administration and planning allocation to $404,000. In addition, the City will receive $843,000 in HOME funds for 1999-00. The grand total of 1999·00 CDBG and HOME funds to be used for eligible programs and projects will be $2,863,000. H:lllomeICommdevIStaff.RepI04· 13·99 J9~/{} CITY COUNCIL AGENDA STATEMENT Item: ..2 {} Meeting Date: 4/13/99 ITEM TITLE:: Public Hearing: PCZ-99-01 and PCC-99-16 - Consideration of Otay Water District's applications to prezone S09 unincorporated acres at the northern terminus of Hunte Parkway to A-S, Agricultural, and to obtain a Conditional Use Permit for an 18-hole championship golf course and associated facilities on the site. Applicant: Otay Water District /J Ordinance: .2 777 An ordinance of the City Council of the City ofChula Vista amending the zoning map or maps established by Section 19. IS.0lD of the Chula Vista Municipal Code prezoning S09 acres at the northern terminus of Hunte Parkway A-8, AgriculturaL [3, Resolution: /9'/).? Resolution of the City Council of the City of Chula Vista approving a Conditional Use Permit to establish an IS-hole golf course on S09 acres located at the northern terminus of Hunte Parkway within the Agricultural Zone. SUBMITTED BY: Director of Planning and BUildin~t 1 REVIEWED BY: City Manager [;, "J --v (4/5ths Vote: Yes _ NoX) 1/,J The proposed project consists of prezoning S09 unincorporated acres to A-8, Agricultural, a prerequisite to annex the property to the City of Chula Vista, and establishment of an 18-hole championship golf course and associated facilities, including a driving range, clubhouse, and other amenities. The Otay Water District has conducted an Initial Study of possible environmental impacts associated with this project. Based on the Initial Study (Attachment 6), City planning staff has concluded that there would be no significant environmental effects and, therefore, recommends that the attached Mitigated Negative Declaration be adopted. RECOMMENDATION: 1) Based on the Initial Study and Mitigated Negative Declaration, adopt the attached Mitigated Negative Declaration issued for this project; H:\HOME\PLANNING\KIM\REPORTS\OWD.CC I ~.-/ .-----.-.---------------.->--.,'.- Item: Meeting Date: 4/13/99 2) Adopt the attached Draft City Council Ordinance prezoning a S09-acre parcel to A-8, Agricultural, in accordance with Exhibit A, attached thereto; and 3) Adopt the Draft City Council Resolution approving a Conditional Use Permit to establish an IS-hole championship golf course and associated facilities, based on the findings and subject to the conditions contained therein. BOARDS/COMMISSION RECOMMENDA nONS: Design Review Committee - At its February 15, 1999 meeting, the Design Review Committee considered and, subject to conditions, unanimously approved plans for the clubhouse and accessory buildings; parking layout; landscaping; fencing; and signage. One of the conditions requires the applicant to submit a revised architectural package to the DRC for consideration and approval. Minutes fÌ"om that meeting are not yet available. Planning Commission - On March 10, 1999 the Planning Commission voted 5-0 to approve Resolution No. PCC-99-16/PCZ-99-01, recommending that the City Council adopt the Draft City Council Ordinance approving prezoning of the subject property; and adopt the Draft City Council Resolution approving the Conditional Use Permit for the golf course. The Planning Commission had concerns regarding potential lighting impacts and compliance with the Conditions of Approval. The Commission added two conditions to address these concerns. One of the conditions (No.6) requires the golf course operator to pay consulting fees iflighting levels are not in compliance. The other condition (No. 13) stipulates that one month and seven months after a zoning permit is issued by the City, the City will inspect the project for compliance of the project as submitted and approved by the City CounciL After the Planning Commission hearing, the applicant requested that two other conditions be slightly modified to make them clearer. Those modifications have been made in the attached Draft City Council Resolution, and are discussed in the "Analysis" section of this report. The Planning Commission resolution and minutes are attached as Attachment 1. Resource Conservation Commission - At its March 29, 1999 meeting, the RCC considered and approved the Mitigated Negative Declaration, with four additional mitigation measures. They include: 1. Maintain the high standard of the International Audubon Society permit standards for the life of the golf course; 2. That there be a structured solid source waste reduction program for both the clubhouse and golf course; H:\HOME\PLANNING\KIM\REPORTS\OWD.CC 2 ;¿ ()- 2. Item: Meeting Date: 4/13/99 3. That a year-long biological (nitrates, phosphates, BODs, bacteria, and pesticides) monitoring of run-off water quality be established; and 4. That a routine (quarterly) removal of exotics in the riparian and grassland areas be established. Otay Water District has agreed to the above measures, and will include them in the mitigation monitoring program. Draft minutes rrom that hearing are attached as Attachment 2. DISCUSSION: Site Characteristics The 509-acre, rectangular-shaped parcel where the project is proposed is approximately 0.4 mile north of Proctor Valley Road. It is between the bases of San Miguel and Mother Miguel mountains to the north, and Rolling Hills Ranch subdivision (currently under construction) to the south. Phases II and III of Rolling Hills Ranch are situated east of the parcel, and the proposed San Miguel Ranch project is west of the parcel (see Locator, Attachment 3). The site is divided into two major areas: 1) a 230-acre Habitat Management Area (HMA) along the west, north and east property lines; and 2) a 254-acre "Usable Area" in the central portion of the parcel. While the HMA features steep slopes and canyons, the "Usable Area" slopes gently rrom north to south, approximately 200 feet in elevation. The golf course and accessory structures are proposed to be constructed in the central 254 acres, which presently contain several water storage tanks and a caretaker house. While the golf course has been designed around the existing water tanks and reservoirs (in some instances these facilities are part of the golf course layout) the caretaker house is proposed to be removed. Existing access to the site is a dirt road extending northward rrom Proctor Valley Road. Zoning and Land Use Sweetwater Community Plan o Site - Specific Planning Area o East - Specific Planning Area o West - Specific Planning Area o North - Specific Planning Area o South - N/A H:\HOM~\PLANNING\KIM\REPORTS\OWD.CC 3 cltJ /3 Item: Meeting Date: 4/13/99 City of Chula Vista General Plan Designation "Site - Open Space (Sphere oflnfluence) "East - Low Density Residential (0-3 dulac) [] West - Open Space "North - Open Space " South - Low Medium Density Residential City/County Zoning "Site - Specific Plan (County) "East - PC, Planned Community (City) "West - Specific Plan (County) "North - Specific Plan (County) " South - Pc. Planned Community (City) Proposal The proposed project involves Prezone and Conditional Use Permit applications. The following paragraphs describe each application separately: Prezone The zone change application requests prezoning of S09 unincorporated acres, which are part of San Diego County's Sweetwater Community Planning Area (more specifically the Eastern Bonita Specific Planning Area) to the City's A-S, Agricultural Zone. The purpose and intent of the Agricultural Zone is outlined in Section 19.20.010 of the Chula Vista Municipal Code (Attachment S). Approval of entitlements is a prerequisite for annexation to the City. An application has been submitted to LAFCO, which will be considered by the City Council in July. Conditional Use Permit The Conditional Use Permit proposal includes 1) an IS-hole championship golf course; 2) a lighted driving range; 3) chipping and practice greens; 4) an S,500 square-foot clubhouse; 5) a 7,500 square- foot equipment/office building; 6) a 2,SOO square-foot fertilizer/chemical storage building; 7) a 6,000 square-foot golf cart storage building; S) a 220 space parking lot; and 9) a tree and plant nursery (see Site Plan, Attachment 4). The 2S4-acre golf club site also includes existing recycled water facilities, and on three sides is surrounded by approximately 230 acres of a habitat preserve known as the San Miguel Habitat Management Area (as designated by Otay Water District in 1994). The project also includes a segment of the City's greenbelt trail along the south property line, which continues north to a SDG&E easement. H:\HOME\PLANNING\KIM\REPORTS\OWD,CC 4 clo---ý Item: Meeting Date: 4/13/99 In order to minimize noise and light impacts, the driving range will be located in a graded depression, approximately 1,800-2,000 feet away ffom the nearest residential neighborhood. The practice greens, which will be lit by parking lot equivalent lighting, will be located north of the clubhouse. The clubhouse will include food services, restrooms, a pro shop, locker rooms, and office space for facility staff Seating capacity for the interior dining room will be a maximum of 40 people. As many as 180 people will be able to be served for special events and tournaments on the clubhouse's 1,600 square foot covered patio area. Proposed hours of operation are from 5:00 a.m. to 10:00 p.m. daily. Three shifts of employees (fifteen people per shift) will run the business operations, golf course landscaping and equipment maintenance. ANALYSIS Prezone The proposal for prezoning the 509 acres to the A-S, Agricultural Zone designation is consistent with the City ofChula Vista's General Plan designation of Open Space, and with the surrounding zoning and land uses. Public necessity, convenience, general welfare, and good zoning practice also support the prezoning to the Agricultural Zone. In addition, the prezoning is in substantial compliance with the goals and objectives of the Sweetwater Community Plan, which is an area plan of the City's General Plan. Conditional Use Permit The proposal to construct an IS-hole golf course and associated facilities, including a driving range, would be, in staff's opinion, an appropriate use of the "Usable Area" of the overall site. The proposed use is highly compatible with the surrounding land uses. The following paragraphs discuss the major issues associated with the project, and staff recommendations. Driving range The Chula Vista Municipal Code does not include specific guidelines for golf courses. However, Section 19.5S. 170 addresses golf driving ranges. It states that: ..Floodlights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. The golf driving platform shall be not less than two hundred/eetfrom any adjacent R zone. The driving area shall be planted with grass, equipped with a sprinkler system, and maintained in good condition at all times. H:\HOME\PLANNING\KIM\REPORTS\OWD,CC 5 ';¿C r ~ Item: Meeting Date: 4/13/99 The driving range, designed to control glare, will be in a graded depression with lights "oriented down toward the range and in a northward direction, away from the adjacent communities" [Mitigated Negative Declaration l It complies with all of the above criteria. It will be on the western boundary of the "Usable Area" and the eastern boundary of the HMA, 1,800-2,000 feet away from the nearest residential development, Rolling Hills Ranch Phases II and III, to the east. Condition No.5 of the Draft City Council Resolution that went before the Planning Commission required that a vertical screen, such as a row of eucalyptus trees, be planted along the eastern edge of the driving range to help camouflage glow ofthe lights, visible from the development to the east. At the Planning Commission hearing, some of the Commissioners questioned whether the row of trees would be appropriate or necessary, but did not move to delete the condition. In a letter dated March 31, 1999, however, the applicant's landscape architect requested that the condition be deleted. He explained how the design of the driving range and the combination of the existing topography and proposed landscaping should adequately minimize glow from the lights generated by this project. Planning staff further analyzed the site and inspected nighttime lighting at an existing driving range. Adding all of this information to what was available prior to the Planning Commission hearing, planning staff has determined that omitting the condition would be appropriate and, therefore, has deleted it rrom the Draft City Council Resolution. West of this project, steep terrain will act as a natural buffer between the lights of the driving range and San Miguel Ranch. The proposed hours of operation of 5:00 a.m. until 10:00 p.m. daily will necessitate floodlights for several hours in the evenings, especially during winter months. The Sweetwater Community Planning Group recommends the golf course be open during daylight hours only, stating that "intense lighting in an area next to endangered habitat will cause significant negative impacts on the wildlife." However, a point illumination study conducted by Lithonia Lighting (commissioned by the applicant) indicates minor impacts on the adjacent Habitat Management Area, and the Mitigated Negative Declaration for this project makes the determination that light and glare impacts would be "less than significant." Betty Dehoney ofP&D Environmental Services, who prepared the Mitigated Negative Declaration, states in a letter dated March 1,1999 to planning staff that: To minimize the impacts associated with new lighting on-site, increased tree cover, reduced discing and late night dark periods would be obsetved To allow wildlife movement to continue in much the same way, the proposed lights would be turned off at 10:00 p.m. Wildlife movement through the project site is not expected to be significantly impacted by the golf course following implementation of these measures. To ensure that these measures will be implemented, condition number six, addressing hours of operation and lighting levels, shall be enforced. At the applicant's request, this condition has been slightly modified since the Planning Commission hearing. The language, "City-approved lighting H:\HOME\PLANNING\KIM\REPORTS\OWD,CC 6 .:2 ¿)-? Item: Meeting Date: 4/13/99 plan" has been replaced with "Conditional Use Permit drawings" to clarify which documents the project must conform to. The applicant also requested that the following language be deleted from condition number thirteen: Any such [mitigation} measures not satisfied by a specific condition of this Resolution or by the Project design shall be implemented to the satisfaction of the Director of Planning and Building. Modification of the sequence of mitigation shall be at the discretion a/the Director of Planning and Building, should changes in the circumstances warrant such revision. Betty Dehoney confirmed that the above language would not be necessary to enforce mitigation measures; therefore, it is not included in the attached Draft City Council Resolution. Language requiring the applicant to comply with the Resource Conservation Commission's conditions has been added to the condition, however. It should also be noted that the golf course is expected to be an Audubon International Signature Status course. The Signature Program focuses on "wildlife conservation and habitat enhancement, water quality management and conservation, waste reduction and management, energy efficiency, and Integrated Pest Management." Greenbelt eq.uestrian trail To comply with the City's General Plan, the project includes an important link of the City ofChula Vista greenbelt trail system. It runs along the south property line, and continues north along the eastern edge of the environmental preserve area (see Site Plan, Attachment 4). Staff endorses the general location of the greenbelt trail, but recommends that the trail design, construction specifications, signage and final alignment be submitted to the Planning and Building Director for review and approval, prior to issuance of grading permits. The Sweetwater Community Planning Group and various citizens have recommended that the greenbelt trail be extended to the northern end of the Otay Water District property along the western edge of the Usable Area. However, staff is not in favor of the trail extension because it would run parallel to the proposed driving range and golf course fairways, posing a considerable safety risk to trail users who could be struck by golf balls. In addition, the northern trail extension is not part of the City's or the County's General Plans. To seek a possible alternative northern route, the Otay Water District has been meeting regularly with various supporters of the traiL Parking Staff conducted an informal survey of local golf course establishments, which indicated that the average number of parking spaces provided is six spaces per hole. This project includes 235 parking spaces (220 for guests, 15 for employees). Based on the staff survey, the proposed project will have H:\HOME\PLANNING\KIM\REPORTS\OWD,CC 7 dO-? Item: Meeting Date: 4/13/99 an excess of 127 spaces. Staff recommends that a minimum of 109 standard size parking spaces (including handicap spaces) be maintained at all times. Compliance with the Ci~y General Plan and adopted Policies The proposal is consistent with the City's General Plan, which designates the golf course property Open Space, and requires construction of a greenbelt traiL It is also consistent with the goals and objectives of the Sweetwater Community Plan, which include preserving steep terrain and natural beauty of the area, and connecting a system of riding and hiking trails into existing and proposed adjacent trails with San Diego County and the City of Chula Vista. Approximately fifty percent of the site (primarily the steep slopes) has been designated environmental preserve and will remain protected under a Habitat Management Area (HMA). This Conditional Use Permit proposal for an IS-hole championship golf course and accessory facilities is in substantial compliance with: the goals and objectives of the Planning Area of the Sweetwater Community Plan; the City of Chula Vista's General Plan designation of Open Space; and the proposed prezoning designation of A-S, AgriculturaL CONCLUSION For the reasons noted above, staff recommends conditional approval of the proposed prezoning and Conditional Use Permit in accordance with the attached draft City Council Ordinance and Resolution. FISCAL IMPACT The applicant has paid for all costs associated with the processing of the prezoning and conditional use permit Attachments 1. Planning Commission Resolution and Minutes 2. Resource Conservation Commission Minutes 3. Locator Map 4. Site Plan 5. Chapter 19.20, Agricultural Zone 6. Final Mitigated Negative Declaration and Initial Study 7. Disclosure Statement H:\HOME\PLANNING\KIM\REPORTS\OWD.CC S 20 ~rr-- -":( <ì (/ RESOLUTION NO. PCC 99-161 PCZ-99-01 A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPT A RESOLUTION TO PREZONE 509 ACRES AT THE NORTHERN TERMINUS OF HUNTE PARKWAY TO A-S, AGRICULTURAL; AND APPROVE A CONDITIONAL USE PERMIT TO ESTABLISH AN IS-HOLE CHAMPIONSHIP GOLF COURSE AND ASSOCIATED FACILITIES WITHIN THE SAME OTAY WATER DISTRICT SITE. WHEREAS, duly verified applications for a Conditional Use Permit and Prezoning were submitted to the Planning and Building Department of the City of Chula Vista on September 14, 1995 by the Otay Water District ("Applicant"); and, WHEREAS, said applications requested approval of a Conditional Use Permit to establish an IS-hole championship golf course and associated facilities; and Prezone S09 acres located at the northern terminus of Hunte Parkway Agricultural (A-S); and, WHEREAS, the Otay Water District, an independent Californian State agency, has conducted an Initial Study of possible environmental impacts associated with this project, and based on the Initial Study, the Planning Commission found that the project would have no significant environmental impacts and adopted the Mitigated Negative Declaration issued for this project; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on said Conditional Use Permit and Prezoning applications, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within SOO feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely March 10, 1999 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and, WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to these applications; and, WHEREAS, rrom the facts presented, the Planning Commission hereby determines that the Prezone and Conditional Use Permit, as conditioned, are consistent with the City of Chula Vista General Plan and the California Government Code, and that the public 1 ATTACHMENT 1 necessity, convenience, general welfare and good zoning practice support the requests. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council adopt the attached draft City Council Ordinance and Resolution approving the Prezone PCZ-99-0 I and Conditional Use Permit PCC-99-16 in accordance with the findings and subject to the conditions contained in the attached draft City Council Resolution. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council and the Applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 10th day of March, 1999, by the following vote, to wit: AYES: Casteneda, O'Neil, Ray, Thomas, Willett ABSENT: Hall, Tarantino John Willett, Chair Diana Vargas, Secretary H:\HOMEIPLANNINGIKIMlPLNGCMSNlOWD.RES 2 ATTACHMENT 1 Planning Commission Minutes - 4 - March 10, 1999 2. PUBLIC HEARING: Consideration of the following applications filed by the Otay Water District for 509 unincorporated acres located at the northern terminus of Hunte Parkway. 1. PCI-99-01; Prezone to A-B, Agricultural, and 2. PCC-99-16; Conditional Use Permit to establish an 1B-hole championship golf course and associated facilities. Background: Kimberly Vander Bie, Assistant Planner, reported that the project consists of 509 unincorporated acres located at the northern terminus of Hunte Parkway and proposes the establishment of an 1 B-hole championship golf course and associated facilities, including a driving range, clubhouse and other amenities. Because the project site is not currently within the City of Chula Vista, approval of a Conditional Use Permit will be contingent upon prezoning and annexation of the property into the City. At this time, for the Commission's consideration, is the approval of the Conditional Use Permit and Prezoning only. Upon the City Council's approval of this application, the project will then go to LAFCO and to City Council for final approval of the annexation. The project site is bordered by Rolling Hills Ranch to the south and east, San Miguel Ranch to the west, and to the north is an environmental preserve currently in the hands of u.s. Fish & Wildlife Service as part of the San Diego National Wildlife Refuge. The site is divided into two major areas: 1) a nO-acre Habitat Management Area (HMA) along the west, north and east property line; and 2) a 254-acre 'Usable Area" in the central portion of the parcel consisting of gently rolling hills as well as Otay Water District water storage facilities and a caretaker house which is proposed to be removed. Access to this parcel will be off H Street, Proctor Valley Road, and north off of Hunte Parkway. The project amenities include a clubhouse, cart storage, maintenance facilities and a parking area of consisting of 230 spaces (108 parking spaces are required). The Design Review Committee conceptually approved the buildings for this project and when detailed plans area available, will be returning DRC for final approval. The project was strategically designed to reduce potential lighting impacts on adjacent lands and will be in a graded depression with lights oriented downward toward the range. The nearest neighbors in any direction will be within 2,000 feet (Rolling Hills to the south and east, and San Miguel Ranch to the west). Staff has included a condition recommending that a vertical screen, such as a row of Eucalyptus trees, be installed along the entire eastern edge of the driving range so that when Rolling Hills Ranch is built-out there will be a pleasant row of tall trees to screen the glow that may be visible from that area. Planning Commission Minutes - 5 - March 10, 1999 The project includes an important link of the City's Greenbelt Trail system which runs along the south property line and continues north along the eastern edge of the environmental preserve area. Staff is recommending that a fence be extended from the entrance of the golf course to the end of the fareway of hole #1. Sweetwater Community Planning Group and various citizens have recommended that the greenbelt trail be extended to the northern end of the Otay Water District property along the western end of the usable area. Staff is not in favor of that trail extension because it would run parallel to the proposed driving range posing a considerable safety risk to users of the trail and could be struck by golf balls. In addition, the northern trail extension is not part of the General Plan. Staff Recommendation: Staff recommends the adoption of the Mitigated Negative Declaration and approval of the project subject to the conditions outlined in the resolution. Commission Discussion: Chair Willett asked if the habitat area is going to be included in the City's Subarea plan of the MSCP. Mike Coleman, Environmental Specialist for Otay Water District explained that they are a special district in the State of California and as such they make their own determinations as the City does on environmental review. The District is very close to completing their own subarea plan which is part of the City of San Diego's MsCP. Commissioner O'Neill asked if staff had a sense of why the citizen groups were asking for the northern extension of the hiking path. Luis Hernandez, Senior Planner, stated that the proponents want to create a loop connecting to the Greenbelt system. Staff feels that incorporating this segment within the golf course would be incompatible with the golf course. Commissioner Thomas asked if staff had any indication what the response was from the community groups after they were informed of the potential hazard of being struck by a flying golf ball. Mr. Coleman responded that the OWD has been working closely with the community trails groups. Initially their desire was to have a northern connection through to the Fish & Wildlife Refuge, however. at this time, the group recognizes staff's concerns with the liability issue, and they are satisfied with the applicant's commitment to the southern and westerly links that connect into the San Miguel development and provides alternative routes to get to the same place. Commissioner O'Neill asked if the City intends to require other City projects like athletic fields or school fields the same shielding measures to mitigate the glow emanating from the evening lights. Planning Commission Minutes - 6 - March 10, 1999 Luis Hernandez responded that at this time, he did not have a definitive answer to his question, but conceded that it is something that may need to be evaluated. Kim Vander Bie interjected that the reasoning behind the shielding requirement was that this area is surrounded by undeveloped land and the glow effect would be greater in an undeveloped area than in a developed area where there is existing lighting. Commissioner Castaneda stated he was not as concerned with the lighting issue because state-of- the-art lighting technology has considerably reduced the glare and glowing effects that traditional athletic field lighting created, however, his concern is with the sight hindrance during the day looking out into a row of 100 feet tall Eucalyptus trees. Public Hearing Opened 7:55 Charlie Cassen, Public Affairs Administrator for OWD expressed his appreciation to the Commission and staff for consideration of their project He further stated that the project will be an asset to the community, as well as an environmental asset The applicant agrees with the conditions and supports staff's recommendations. Mike Strode, applicant stated that the lighting plan that has been designed is called a Point-By- Point lighting Plan Study by lithonia light utilizing state-of-the-art lighting technology. The lights will be on a timer and will shut off at 10:00 p.m. Commissioner Ray asked for clarification on Condition #7 contained in the resolution which states that "The City may periodically measure the driving range lighting levels to assure compliance with lnis condition". Will this be City-initiated or will it be based on a resident- initiated complaint Mr. Hernandez responded that it would be based on a resident-initiated complaint If a complaint is lodged, then the City would have to hire a consultant to verify whether the applicant is in non- compliance and the City would then require the applicant comply with the lighting plan. Commissioner Ray asked who would bare the cost of paying for the consultant My. Hernandez responded that as it stands now, the City would pay for it, however, a condition could be included requiring the applicant to pay for consultant services. Commissioner Ray recommended that an additional condition #4 under "Section VII. ADDITIONAL TERMS AND PROVISIONS TO GRANT" which states "that all terms and conditions of the Conditional Use Permit shall be reviewed one month subsequent to the opening ofthe business and again six months later". In addition, Commissioner Ray would like to see a provision which states that the applicant is responsible for paying consultant costs. My. Strode stated that he would be more than willing to pay for the lighting consultant if it was determined that he was non-compliant with the lighting plan. He did not feel he should bare the Planning Commission Minutes - 7 - March 10, 1999 cost simply because a complaint is lodged which requires someone to go check it out, and turn out that it's a false alarm. Public Hearing Closed 8:00 MSC (Ray/Thomas) (5-0-2-0) that the Planning adopt the Mitigated Negative Declaration issued for this project; approve PCZ-99-01 Prezone to A-B, Agricultural; and approve PCC-99-16 approving CUP to establish an 18-hole championship golf course and associated facilities to include the additional following conditions: 1) to require the golf course operator to pay consulting fees if lighting levels are not in compliance, and 2) that one month and seven months after a zoning permit is issued by the City, the City will inspect the project for compliance of the project as submitted and approved by the City Council. Motion carried. RESOURCE CONSERVATION COMMISSION MINUTES OF SPECIAL MEETING MARCH 29, 1999 Public Services Building Conference Rooms 2&3 MINUTES RCC MEMBERS PRESENT: Charles Bull Cindy Burrascano Robert Yamada Teresa Thomas Viviane Marquez (Arrived 6:40 p.m.) MEMBERS ABSENT: Robert Fisher, Excused STAFF PRESENT: Marilyn Ponseggi, Environmental Projects Meeting called to order at 6:35 p.m. NEW BUSINESS: Review of the Otav Water District Golf Course Mitie:ated Nee:ative Declaration Commissioner Yamada requested that the agenda be taken out-of-order, as suggested by staff, and that the Review of the Otay Water District Golf Course Mitigated Negative Declaration be heard first. Marilyn Ponseggi opened by introducing Mike Strobe from Otay Water District and his team. Mike Strobe, Environmental Specialist and Project Manager Otay Golf Course, Otay Water District, gave an overview of the design process for the proposed Otay Water District Golf Course. The parcel is around 509 acres within the County of San Diego, but not yet annexed to the City of Chula Vista. The design plan has been approved by the Planning Commission, but has not yet gone to the City Council. The history of the property is that it has been used for potable and recycled (reclaimed) water. The parcel was originally bought because the district was producing more recycled water than it had markets for in the EastLake area. The water district has owned it for about twenty years. They grew Sudan grass, a salt-tolerant crop, and spilled excess water on to these crops to use up excess water before the markets developed. We will have a reverse effect eventually, there is more market for recycled water than we can produce at the Chapman Plant. There are a couple of typical mellow reservoirs and a couple of lined and covered ponds for keeping the recycled water quality high. A new project scheduled to start construction is the new seven-eleven potable water reservoir providing water services to the communities to the south. Planned for this area is an 8,500 square foot clubhouse and the associated golf cart shed and maintenance facility, primarily most of the area is open and not paved. There are wetlands on the site with drainage for Salt Creek, which will enhance and improve the wetland features on-site. Another feature is that it is an Audubon International Center Course, to be distinguished from the San Diego Audubon Society, and we have voluntarily accepted another layer of requirements, above what the regulatory agenCies require, such as pesticide management, the use of native grasses, etc. A three-way partnership between the golf course, the District, and Pacific Bay Homes has been ATTACHMENT 2 RCC Minutes -2- March 29, 1999 formed to develop a comprehensive burrowing owl mitigation program, several bur"s have already been established. UP" Commissioner Thomas asked how the pesticide management and native plant program v!or'l:3Ff Mr. Strobe replied that it was not so much a mitigation but a voluntary program to control the use of pesticides and the use of native plants. To be eligible for the Audubon International Society, based out of New York, program you have to have a very comprehensive management plan and a strict regime for controlling and keeping pesticides at a minimal amount. Shauna Anderson, , added that in order to receive signature status we must prepare an outline for a very comprehensive plan on how we will manage pesticides, wetlands, planting, etc. The society has visited once, and will visit a couple of more times, before they will give us the signature status that we are requesting. Keith Merkel, Biologist, added that the Audubon International Society does not take a position on whether or not there should be a golf course, but if you are going to develop a golf course it should follow some environmentally conscious conservative plans. They look at water management, energy efficiency, recycling, waste management, mulching, and vegetation management issues. Commissioner Burrascano asked how gophers were killed. Mr. Merkel replied that the vast majority of golf courses use traps, fish and game suggested we use gas pellets. Commissioner Marquez asked about the requirement for native grasses. Mr. Merkel answered that all the areas surrounding the greens and fairways are to be restored to native grassland and scrub vegetation. Marilyn Ponseggi distributed a Burrowing Owl Mitigation Plan used for the Rolling Hills Ranch/Otay Use Area prepared by Pacific Bay Homes and Otay Water District. The study indicates that burrows are probably used by the same owls. The program will be under OWD's authority, but the City will monitor and receive the reports and stay involved because it is part of the mitigation for Pacific Bay Homes. Mr. Merkel offered that there were IS artificial burrow sites along the proposed golf course. Mr. Strobe pointed out that surrounding the golf course is a 230-acre mitigation bank that the District manages and monitors, which is an excellent place for the owl to be protected. Commissioner Burrascano asked about the mitigation for foraging habitat for raptors. Mr. Merkel replied that there are 174 acres of impact, the District did a mitigation following the guidelines of one-half to one mitigation per impact grasslands. There is that much land available on-site and so the environmental document that you have has the mitigation being on- site with the grasslands being enhanced and restored on-site. In addition, to that there has been RCC Minutes -3- March 29, 1999 further follow up discussions with the agencies and we added to the on-site mitIgation an additional 25 acres of off-site. That will occur within a planning area at a tier I and 2 n Commissioner Burrascano restated that the interior parts of the golf course are the ~~ J::-1. point of impact, even though it is actively being used as a golf course. She also asked if a I -, Golden Eagle had ever been seen foraging on a golf course. Mr. Merkel replied that they are found regularly around the golf courses at Eagle's Nest and at Pendleton. Mr. Strobe added that this was not a typical golf course, there are many natural areas between the play areas and that is a feature of the Audubon International Society. Mr. Merkel added that there is a significant number of raptors in the area right now. The key is there are a lot of white tailed kite, it's a fairly regular wintering area, and there are also breeding kites on-site. We have tried to enhance the area for the species we thought we could do the most for. In terms of the kite, we have consolidated all of the wetland irrigation areas in blocks and added larger trees. For the eagles we have tried to keep large blocks of open habitat, we have also relied a lot on the MSCP. Commissioner Burrascano voiced her concerns that the impact on the Golden Eagle has not truly been mitigated. Ms. Ponseggi offered that if you feel the document does not adequately address your concerns, that is a comment that you need to make in your motion. If you don't think it is covered adequately, then as with all the other documents you review, when it goes on to the City Council that comment will be noted to the City CounciL Commissioner Yamada asked what type of monitoring would be done before and after for the activity of the animals as it is now versus what happens after. What happens after five years if the eagle has disappeared? Mr. Strobe replied that they have a full mitigation monitoring plan. Something unique is the requirement that the construction workers, before the first blade of dirt is turned over, will attend a four-hour environmental training session. In addition to all of the biological monitoring measures, there are monitors on-site for biological and paleontologicaL The MSCP addresses the eagle on a regional basis and that has been our focus. Mr. Merkel added that they have toured other golf courses in the area and the decline in wildlife has been caused by the surrounding residential neighborhoods. This course will be unique in that it is open on three sides. Commissioner Thomas asked about the septic-sewer system and the disposal of solid waste. Mr. Strobe responded that the septic option has been dropped, and a normal sewage system from EastLake will be used. Reclaimed water from the Ralph Chapman Plant will be used for irrigation and potable water in the clubhouse. Helix Environmental is working with Keith Merkel's office to develop a plan for solid waste. RCC Minutes -4- March 29, 1999 Commissioner Thomas responded that she would feel more comfortable after she saw the Audubon International Society report. Q'8AFr Ms.. Ponseggi offered that if you are interested in seeing the report you should add it 0 0 motIon. Mr. Strobe replied that the signature status of the golf course is actually bestowed a year after the project is opened under the requirements for review of the Audubon International Society. Commissioner Marquez asked what was the advantage of having the Audubon International Society sign off on the golf course. Mr. Strobe responded that from the very beginning the direction was for this to be an environmentally sensitive course. From Otay's perspective, the course of the development was such that embodied what our board wanted to achieve in respect to community responsibility. Commissioner Marquez asked if the board is going to hold the golf course to those standards in perpetuity. Mr. Stobe replied that the District has a 40-year lease and at the end of that lease, the District will own the land. The intent behind this is to look for other revenue generators to help hold the water rates at a reasonable level for our ratepayers. Commissioner Bull asked what is a Master Tax Property Exchange Agreement. Mr. Strobe replied that pertained to the Lafco annexation. Commissioner Bull asked for clarification on the Golden Eagle question as it pertains to the biology report. The report indicates that it is a significant impact and there is no specific mitigation or is the design of the golf course the mitigation, therefore there is not a significant impact. Mr. Strobe replied when they were working out the design issues with Fish & Game and Fish & Wildlife they worked out the mitigation to where it is acceptable to the agencies and the off- site mitigation. Mr. Merkel added that they found the impact significant and the way they addressed the mitigation was that they adopted the guidelines from the MSCP and mitigated accordingly. The MSCP says that the impact to the eagle would not result in the loss of the eagle. Chair Yamada asked for comments from the public. Jim Puegh, San Diego Audubon Society, reiterated that there is no relationship between the International Audubon Society and the San Diego Audubon, California Audubon, or National Audubon Societies. In addition to using native grasses, he hopes that the native sycamores and willows will be used as welL He is also concerned that there will be more year-round water source than would typically be in a stream like that, a diligent long-term monitoring requirement RCC Minutes -5- March 29, 1999 is needed so the wetlands do not decay. Also, because of the fertilizer and nutrient riCh~ the golf course the wetlands will be hyper-fed with nutrients and that is not particular He does not understand how it can be used as a mitigation site unless there is a comml n eternal monitoring and management for the wetlands. Also, more water will flow into the soil, 'rf'T surface and subsurface, so downstream there will be more nutrients and year-round water, which will promote evasive vegetation downstream. Ifthis is only going to be monitored for five years, it will not solve the problem; a commitment for eternal monitoring needs to be established. Mr. Strobe replied that the District was in for the long-term, the five-year monitoring refers to the Fish & Game requirement for the Burrowing OwL We will continue to monitor our existing ponds and operations, as well as the mitigation bank habitat, the District will always be there. Mr. Puegh stated that he did not understand about the eagles, that it was not addressed in the MSCP. He asked how can the fact that the MSCP says that the eagles are not going to become extent in the county be used, that losing eagle habitats isn't something that requires specific mitigation. Mr. Strobe replied that they were almost at the MSCP. Our plan has been approved at the local level and we are going through the final level with the reviews at the legal offices at the state level and the federal level to get the legal implementing agreement completed. Keith Merkel added that when the original MSCP document went out the District was the only special District that actually had a document in that master document. It assumed development for certain areas and it also laid out the preserve areas around us including the surrounding acreage. So, we adopted the assumed level of accreditation occurring on this site and implemented that in accordance with the golf course design. Technically it is not an approved sub-area because it is going through the approval process. The District had a choice, to go the standard route of CEQA or to do something in accordance with what the MSCP would eventually require. We chose to go the latter route, because of the issue of the additional 25 acres that has two different tiers preservation in NHP As. So actually it is above and beyond what the MSCP would require. Marilyn ponseggi offered the following clarification: Since the City of Chula Vista is the responsible agency versus the lead agency, if we were the lead agency the document would have been prepared by the City and would have come to you in draft form prior to it going to the Planning Commission. Because we are the responsible agency, it is similar to when Lafco considers an annexation and the applicant (City) prepares an EIR prior to it going to Lafco. Lafco has the choice at that point or we have the choice of using this environmental document and finding it adequate for the action that is before the City CounciL That is approval of the Conditional Use Permit or finding it inadequate and recommending to the City Council that they direct the applicant to prepare an environmental document where we would be the lead agency. So, tonight you need to make a motion similar to that if we were the lead agency that you either find this document adequate or you find it to be not adequate. You are making a recommendation to the City Council so your comments will be considered when they make their decision and they are bound to consider the environmental document in making their decision on the project. Chair Yamada asked for a motion. MSC (Thomas/Bull) motioned to find the document adequate with the following provisions: -_.._,._-_._--~---_.._._- RCC Minutes -6- March 29, 1999 1. Maintain the high standard of the International Audubon Society peIí~?~.A. ~ for the life of the golf course. 'l'1:1fj That there be a structured solid source waste reduction program for both t e clubhouse and golf course. That a year-long biological (nitrates, phosphates, BODs, bacteria, and pesticides) monitoring of run-off water quality be established. That a routine ( quarterly) removal of exotics in the riparian and grassland areas be established. 2. 3. 4. VOTE: Approved 4-1-0-1 (Commissioner Burrascano voted no because she believes the impact to the Golden Eagle, Hawk and Northern Harrier has not actually been mitigated, therefore this document is not appropriate for this analysis. Robert Fisher was absent.) · ..J~= ~::LJ· i ! COUNTY OF SAN DIEGO CITY OF CHULA VISTA --,-. nJ ~--_. r-"" I -;~UELI RANCH BOUNDARY ---='---- --- --.-- LEGEND CH U LA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Otay Water District PROJECT DESCRIPTION: C) APPUCAm PREZONE AND PROJECT Otay Water District Use Area CONDITIONAL USE PERMIT NIO Proctor Valley Rd. near ADDRESS: Hunte Pkwy. Request: Proposal to prezone 509 acres A-8. SCAL£: FILE NUMBER: Agricultural. and Conditional Use Permit to l NORTH No Scale PCC-99-16 establish an 1 B hole championship golf course. h:lhomelplanninglcarlosllocatorsIPCC9916.CDR 2/9/99 ATTACHMENT 3 OT A Y WATER DISTRICT 18 HOLE CHAMPIONSHIP GOLF COURSE CITY OF CHULA VŒIA. CA c. W1CHAEL mu>DE AULD GOPP COUUE SAN DIEGO LLC L2DIl ....... -- - =-'" STM3OI./ DATA l.EGeD' _. - -- -- @-_.... ....--... ---- --_.- ifJ-...-· -- --- ___"'Þ' _ S'rMBOLI DATA I£GB\ID. - =:1i:-_ - · -....--- --- --- ---..... -..-...... --- --- --- ---- -- :"'...::::"'.==. -.. "" -.. i'<J -. - ---" ---- :; - ;._:..= --- .. D ""' · · -- --- "'--- + ìUi SITE PLAN -- .~~ ==-.- - Chapter 19.20 AGRICULTURAL ZONE Sections: 19.20.010 Pwpose and Intent. 19.20.020 Permitted uses. 19.20.030 Aues$Ory uses and buildings. 19.20.040 Conditional uses. 19.20.050 Sign regulations. 19.20.060 Height regulations. 19.20.070 Area, lot width and yard requirements. 19.20.080 Enclosures for ~nim~I.. 19.20.090 Site plan and arcl1itectural approval. 10.20.100 Off-street parking. 19.20.110 Floor area per unit. 19.20.120 Off-street parlång-Garages. 19.20.130 Performance standards. 19.20.010 Purpose and Intent. .- The purpose of the agricultural zone is to provide a zone with appropriate uses for areas rural in character, which are undeveloped and not yet ready for urbanization. The zone is intended to preserve in agricultural use land which may be suited for eventual development in urban uses, and which will encourage proper timing for the economical provision of utilities, major streets, and other facilities, so that orderly development will occur. (Ord. 1212 §1 (part), 1969; prior code §33.501(A)). 19.20.020 Permitted uses. Principal permitted uses in the agricultural zone include: A Agriculture, as defmed in Section 19.04.010. (See Section 19.58.030 for ·processing plants.'); B. One single-family dwelling per lot or parcel; C. Public parks. D. Factory-built home/mobile home on any lot subject to the provisions of Sections 19.58.145 and 19.58.530. (Ord. 1941 §1 (part), 1981; Ord. 1356 §1 (part), 1971; Ord 1212 §1 (part), 1969; prior code §33.501(B)). 19.20.030 Accessory uses and buildings. Accessory uses and buildings customarily incidental to any of the above uses permitted in the agriculture zone, subject to the regulations for such as required herein, include: 1137 ATTACHMENTS (R 12191) _____~_ - - __~_"._'_' .·___u__·____.,_..__..,.H A. Living quarters of persons regularly employed on the premises and transient labor, maximum of two famnies; but not includtng labor camps, labor dwellings, or other accommodations or areas for transient labor. (See Section 19.16.040E for provisions for labor dwellings or camps.); B. Guest houses (See Definitions Section 19.04.106, "guest house"), subject to the provisions of Section 19.58.020D, and not rented or otherwise conducted as a business; C. Customary incidental home occupations, subject to the provisions of Section 19.14.490 of this code; D. Offices incidental and necessary to the conduct of a pennitted use; E. Private garages and parking areas subject to the provisions of Sections 19.58.230 and 19.58.280; F. Roadside stand not exceeding four hundred square feet in floor area, for the sale of agricultural products grown on the premises; . G. Public and private noncommercial recreation areas, uses, and facilities, including country clubs and swimming pools subject to the provisions of Section 19.58.090; H. Stables and corrals subject to the provisions of Section 19.58.310. (Ord. 2145 §2 (part), 1986; Ord. 2124 §3, 1985; Ord. 1364 §1 (Part), 1971; Ord. 1356 §1 (part), 1971; Ord. 1212 §1 (part), 1969; Ord. 2124 §3, 1985; prior code §33.501(C». 19.20.040 Conditional uses. Conditional uses in the agricultural zone include: A Poultry fanns, subject to the provisions of Section 19.58.240; B. Kennels, subject to the provisions of Section 19.58.190; C. Riding stables, subject to the provisions of Section 19.58.190; D. Guest ranches, subject to the provisions of Section 19.58.270; E. Quarters, accommodations, or areas for transient labor in excess of two families, such as labor dwellings or camps, subject to the provisions' of Section 19.58.200; F. Electric substations and gas regulators, subject to the provisions of Section 19.58.140; G. Unclassified uses, see Chapter 19.54; H. Stables and corrals, subject to the provisions of Section 19.58.310; L Hay and feed stores, retail, subject to the provisions of Section 19.58.175; J. Plant nurseries. COrd. 1604 §1, 1975; Ord. 1356 §1 (part), 1971; Ord. 1212 §1 (part), 1969; prior code §33.501(D». CR 12191) 1138 THE r--ry OF ætII.A VISTA DlSQ.OSURE S-'TEMENT You arc required to me ~ S¡3tcmenl of Di.~elosure of ccnain ownenhip or financial interests. payments. or campaign cunlriÞutions. on all malle~ which will requirc discretionary aClion on the pan or the City Council, Planning Commission. and aU o/her OffiC1~¡ bodies. The folJowing informarion musl be discJo~e.d: 1. ., List 11'0" names of all pcrsons having a financial int"res, in the pro""ny which is thc suÞjccI of the application or the COntraCl, e.g~ owner. applicant, contractor, subcontractor. material supplicr. otay Water District 2 If any penon' identified pursuanl to (J) above is a corpora'ion or pannership, list the names of all individuals owning more than 10% of thc sharcs in Ihe corporation or o""IIing any pannenhip inlcrcsl in the pannership. NOT APPLICABLE 3. If any person" identified pursuanl to (J) above is non-profit organization or a trust. list the names or any ",,!'SOn servlDg as dircctor of the non-profit organization or as IrUStce or bcnctlciary or trustor of thc trust. NOT APPLICABLE 4. Have you had more than S250 worth of business transacted wit ¡ any mcmher of the Ciry starr, Boards: Cammissions, Commillees, and Cauncil within Ihe pasl twelve months? Ycs_ N0..1L If ycs, please indicatc pe!'SOn(s): 5. Please idcntify each and every person, including any agenlS, employees, consul tanis, or independent contractors who you have assigned to reprcscnt you before the City in this mailer. Michael Coleman Otay Water District Mark Rowson Latitude 33 Bertv Dehonev P&D Mikp strnnp Anlil ~()ff Carv Bickler Carv Bickler Design Mit~n Phillinp Vnn nykp ~ A~~nc. 6. Have you and/or your officers or agcnts, in the aggregalc, contributed more than $1,000 to a Councilmembcr in the current or preceding election period? Ycs_ No-!. If yes, state wbich Councilmcmber(s): . . . (NOTE: SignatUre of co ctor/appIicaDt Datc: September 8. 1 998 Keith Lewinger, GM Otay Water District Print or type Dame of coDlractor/appJicanl ATTACHMENT 7 . PrrInll i.s defiUeD QS: "All)' u,dj,.,dùø/. finn, co.pømlmhip. JDW ~rr. IU.SOCIØl'OIJ., locUlI dub, frtnml/ll nrpllUIJtiol" corpotllliOlI. auuc. JndI, reeD"", "...ticaac. IIW _uJ 411)' Ddse 'OUI"", ciry ( J4 CDWlZP)', City l1WJurtpDII1)', ;(.u:znCI, Dr DUI~ po/ilicøJ .radHhvis'lJIl., Øf any other ~p eN CDntbUI/mOl' IICIÛl¡IJI G wUL· ORDINANCE NO. -2 7?? AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE ZONING MAP OR MAPS ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE PREZONING 509 ACRES AT THE NORTHERN TERMINUS OF HUNTE PARKWAY A- 8, AGRICULTURAL. WHEREAS, the property consists of approximately S09 acres located at the northern terminus of Hunte Parkway (site) and diagrammatically represented in the attached Exhibit A; and, WHEREAS, a duly verified application for a prezoning was filed with the Planning Division of the Planning and Building Department on September 14, 1998; and, WHEREAS, said application requested to prezone 509 acres A-8, Agricultural; and, WHEREAS, the Planning Division of the Planning and Building Department set the time and place for a hearing on said request, together with its purpose was given by its publication in the newspaper of general circulation in the City and its mailing to property owners within SOO feet of the exterior boundaries of property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., March 10, 1999 in the Council Chambers, 276 Fourth Avenue, Chula Vista, California, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission found that the project would have no significant environmental impacts and adopted the Mitigated Negative Declaration issued for the project; and WHEREAS, from the facts presented, the Planning Commission has determined that the prezoning is consistent with the City of Chula Vista General Plan and that public necessity, convenience and good zoning practice support the prezoning to A-8, Agricultural; and WHEREAS, the Planning Commission found that the project would have no significant environmental impacts and adopted the Negative Declaration issued on the project, and voted 5-0 to recommend that the City Council approve the prezoning of the project site to A-8, Agricultural. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby find, determine, and ordain as follows: 1 20/! / .~...ø~_·_______·______~__··'·· ,..--.- Section I: Based on the findings and recommendation of the Environmental Review Coordinator, the City Council does hereby adopt Negative Declaration issued for the project. Section II: That the proposed prezoning is consistent with the City General Plan, and that public necessity, convenience, general welfare, and good zoning practice support the prezoning to City's Agricultural zone. Section III: That the zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code are hereby amended to prezone the property Agricultural, as reflected in the Zoning Map, attached hereto and made a part hereof, to become effective only upon annexation of the property to the City ofChula Vista. Section IV: This Ordinance shall take effect and be in full force the thirtieth day from its adoption. Presented by Approved as to form by Robert A Leiter Director of Planning J£i~ Ór /;Juff rù City Attorney H:\HOMEIPLANNINGIKIM\CITYCNCLIOWD.ORD 2 ;.¿ 0 /9 ~::< ! i ~ _...."".~ F;~~ """.'1'1,,'1. " ~~. , . CASE NUMBER: ACREAGE: SCAlE; DATE: DRAWN BY: CHECKED BY: ----- o ~II!'~ c :> ~ :s O');~ u..:I: O,U ~I!'~ §51~ o - u u PCZ - 99 - 01 509.80 N.T.S. 2 - 11 - 99 C"J"~~ -~.._._--~--- / , 2665.24' , ! COUN"TY OF SAN DIEGO CITY OF CHULA VISTA . . ~-L____ ;:... N N N CO N -_.._.~_._~ . . 650.6B' ·f ~ I 650.6B' :\ 'T.:""_ , b 0> ,..: C> It) CO ;"----- , i I 399B.5B' ~ ~â~~~ ~U~~~I~~ ;~~~T~~;~~, I· , ~-------"-- , EXHIBIT A CHULA VISTA PLANNING & BUILDING DEPARTMENT I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVED AS A PART OF ORDINANCE BY THE CITY COUNCil ON 01Y C1!RI( DATE C) tJ~3 ZONING MAP .,... ..-_~I~- ~ ""Of QUA VI5fA .- - NORTH h:lhomelplanning\carloslzoning\pcz9901.cdr 2111/99 ì RESOLUTION NO. /9 f;I...2.j, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT TO ESTABLISH AN 18- HOLE GOLF COURSE ON 509 ACRES LOCATED AT THE NORTHERN TERMINUS OF HUNTE PARKWAY WITHIN THE AGRICULTURAL ZONE. I. RECITALS A. Project Site WHEREAS, the parcel which is the subject matter of this Resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description herein, consists of approximately 509 acres at the northern terminus of Hunte Parkway ("Project Site")· and , , B. Project; Application for Discretionary Approval WHEREAS, on September 14, 1995, a duly verified application for a Conditional Use Permit (PCC 99-16) was filed by Otay Water District ("Developer"); and, WHEREAS, Developer requests permission to construct and operate an IS-hole golf course and associated facilities; and, C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of an application (PCZ-99-01) to prezone the site A-S Agricultural; and, D. Environmental Determination WHEREAS, in accordance with the requirements of CEQA, the Environmental Review Coordinator has determined that the Project requires the preparation of an Initial Study. Such study was prepared by the Otay Water District, a state agency, and based on such study, a Mitigated Negative Declaration was prepared and circulated for public review. E. Planning Commission Record on CUP Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on March 10, 1999 and voted 5 to 0 to adopt Resolution No. PCC 99-16 recommending that the City Council adopt the Mitigated Negative Declaration ~Oß -'I Resolution No._ Page No.2 issued for this Project, and approving Conditional Use Pennit PCC 99-16 based on the fmdings and subject to the conditions contained therein; and, WHEREAS, from the facts presented to the Planning Commission, the Commission has determined that the Project is consistent with the City of Chula Vista General Plan and that the public necessity, convenience and general welfare and good zoning practice support the Project; and, F. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on April 13, 1999, to receive the recommendation of the Planning Commission and to hear public testimony with regard to the same. NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this Project held on March 10, 1999 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby fmd that the Mitigated Negative Declaration issued for this Project has been prepared in accordance with requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City of Chula Vista. IV. INDEPENDENT JUDGEMENT OF THE CITY OF CHULA VISTA CITY COUNCIL The City Council fmds that the Mitigated Negative Declaration prepared for this Project reflects the independent judgement of the City of Chula Vista City Council. V. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use pennits, as hereinbelow set forth, and sets forth, thereunder, the evidentiary basis, in addition to all other evidence in the record, that pennits the stated findings to be made. c2úßr;), Resolution No._ Page No.3 A. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed Project at this particular location will provide residents of the neighborhood and the community at large with recreational opportunities at the public golf course and pedestrian/equestrian trail. B. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The golf course activity area, clubhouse, driving range and maintenance facilities are located approximately 1,800 to 2,000 ft away from the nearest residential development. In addition, approval of this project includes measures to avoid potential impacts to the surrounding residential neighborhoods. C. That the proposed use will comply with the regulations and conditions specified in the code for such use. Compliance with all applicable conditions codes and regulations will be required prior to issuance of development permits. D. That the granting of this conditional use permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. Approval of this Project, as conditioned, is in substantial conformance with City policies and the General Plan. BE IT FURTHER RESOLVED THAT THE CITY COUNCIL DOES HEREBY APPROVE THE PROJECT SUBJECT TO THE CONDITIONS SET FORTH BELOW: VI. TERMS OF GRANT OF PERMIT OF CONDITIONAL USE PERMIT The City Council hereby grants Conditional Use Permit PCC-99-16, subject to the following conditions: 1. Approval for the Project as depicted in plans provided for PCC-99-16 is contingent upon approval of PCZ-99-01 and subsequent annexation of the Project Site to the City of Chula Vista. c2ôß~J Resolution No. Page No.4 2. Prior to obtaining a zoning permit, construct a lO-foot wide, decomposed granite (d.g.) greenbelt/equestrian trail from the northern terminus of Hunte Parkway to the western boundary of the site, along the south side of the SDG&E utility easement (outside the easement). The trail design, construction specifications, signage and final alignment shall be approved by the Director of Planning and Building. 3. Prior to obtaining a zoning permit, construct a nine foot tall fence, in accordance with a fencing plan approved by the Design Review Committee, along the south side of the access roadway, extending from the entrance to the end of the fairway/green of hole number one. 4. Prior to obtaining any grading permits, grant the City a 15-foot wide easement or easements for a greenbelt/equestrian trail along the south property line, western edge of the golf course, and south side of the existing SDG&E easement, ending at the western property line of the site. Exact location and alignment shall be determined and approved by the Director of Planning and Building. 5. Prior to obtaining a zoning permit, a minimum of 108 standard size parking spaces (including handicap spaces) must be constructed according to City standards, and must be maintained at all times. 6. Upon issuance of a zoning permit, the Project shall be permitted to operate seven days per week, between the hours of 5:00 a.m. and 10:00 p.m., with the driving range lit. The driving range shall be graded and recessed in accordance with the preliminary grading plans prepared by the Project's civil engineer. The driving range lights shall be constructed, installed and aimed in accordance with the Conditional Use Permit drawings and the Point I1Iumination Study dated August 25, 1998 by Lithonia Lighting, using LE.S. standards. The City may periodically hire a consultant to measure the driving range lighting levels to assure compliance with this condition. If the driving range lighting exceeds the lighting levels, applicant shall have thirty (30) days following written notice from the City to bring the lighting into compliance with this condition. If compliance has not been achieved within such period of time, night operations (from dusk until 10:00 p.m.) of the driving range shall cease until compliance is achieved. The City will pay consulting fees if the lighting levels are in compliance; the golf course operator will pay consulting fees if the lighting levels are not in compliance. Golf course operator shall remit payment within 30 days of written notice of amount of consulting fee. 7. Prior to obtaining a wning permit, the Project shall meet all conditions of approval by the Design Review Committee (file DRC-99-30). 8. Prior to performing any work in the City's right-of-way, a construction permit from the City's Engineering Department must be obtained. ;¿(}[l-~ Resolution No. Page No.5 9. Prior to obtaining any grading pennits, an agreement specifying that the Eastlake pump station has the capacity to handle the sewage generated by this project (estimated at 7 EDU's) must be fInalized between Otay Water District, the golf course operator, the City and the Eastlake Company. If further development of the golf course site is proposed in the future, analysis of the pump station's capacity to accommodate additional sewage will be required, and the agreement shall be amended to reflect the results of such analysis. 10. Grading plans, addressing detailed soils and drainage analysis, shall be prepared by a registered civil engineer. 11. Project shall comply with all the provisions of the National Pollutant Elimination System (NPDES) and the Clean Water Program. 12. Developer shall diligently implement, or cause the implementation of, all suggested mitigation measures pertaining to the Project that are identifIed in the Mitigated Negative Declaration and all Appendices for the Otay Water District Golf Course, as well as the four additional mitigation measures required by the Resource Conservation Commission, identifIed in the [mal minutes of the March 29, 1999 Resource Conservation Commission meeting. 13. One and seven month(s) after a zoning pennit is issued by the City, the City will inspect the project for compliance of the project as submitted and approved by the City Council except as modified herein and/or as required by the Municipal Code, and as detailed in the Project description. 14. Any change to the operational prof1le or expansion of the use shall require approval by the City Council and may result in additional conditions of approval and/or mitigation measures. 15. Construct the Project as submitted and approved by the City Council, except as modified herein and/or as required by the Municipal Code, and as detailed in the Project description. 16. Comply with all federal, state and local laws, regulations, pennits, City ordinances, standards, and policies except as otherwise provided in this Resolution. 17. Prior to obtaining any grading permits, all processing fees for the prezoning, annexing and conditional use pennits shall be paid in full to the City of Chula Vista. 02tJß~ ç Resolution No. Page No.6 VII. ADDITIONAL TERMS AND PROVISIONS TO GRANT 1. TIlls Conditional Use Permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 2. A copy of this resolution shall be recorded against the property. 3. Any violations of the terms and conditions of this permit shall be ground for revocation or modification of permit. VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL Applicant shall execute and have notarized the attached Agreement (Exhibit "B"), indicating the Applicant has read, understands and agrees to the conditions of approval contained herein, and will implement same. IX. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the City Clerk. X. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event the applicant or its assigns or successors in interest challenge anyone or more terms, provisions or conditions, and are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. THIS RESOLUTION OF APPROVAL IS HEREBY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA THIS 13TH DAY OF APRIL, 1999. Presented by 1~A',¿e :'" .hC.... IIuu ..flY)} Jo . Kaheny ,ç City Attorney Robert Leiter Director of Planning and Building H:\HOME\PLANNING\KIM\CITYCNCL\OWD-RES. WPD ;¿ôß--? 10 liON ~ I COUNTY OF SAN DIEGO CITY OF CHULA VISTA -;~UEJ RANCH__._.______ BOUNDARY --'- -~--._-.._.__._. CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Otay Water District PROJECT DESCRIPTION: C) APPUCAN'r. PREZONE AND PROJECT Otay Water District Use Area CONDITIONAL USE PERMIT N/O Proctor Valley Rd. near ADDRESS: Hunte Pkwy. Request: Proposal to prezone 509 acres A-8, SCAlE: FILE NUMBER: Agricu~ural, and Conditional Use Permit to .. NORTH No Scale PCC-99-16 establish an 18 hole championship golf course. h:lhomelplanninglcarlosllocatorsIPCC9916.CDR 2/9/99 :¿CJß-? EXHffiIT A Public Hearing: PCM-95-0lB - An application to amend the Otay Ranch SPA One Public Facilities Finance Plan to include security thresholds for Olympic Parkway construction and to amend the PFFP for Phase 7 of Village One and add Village One West. Resolution ff '-f(/ð of the City ofChula Vista amending the Otay Ranch Sectional Planning Area (SPA) One Public Facilities Finance Plan. Director of Planning and Building ;;I!.. City Manager Gr, ,il (4/5ths Vote: Yes_ No-X.) On June 4, 1996, the Otay Ranch SPA One Public Facilities Finance Plan (PFFP) was adopted by the City Council as part of the SPA One Plan for Villages One and Five. The SPA One PFFP established thresholds for public improvements serving these two villages, including Olympic Parkway. In order to expedite the improvements of Olympic Parkway, a financing plan with security for construction has been negotiated with the Otay Ranch Company and McMillin Companies. An amendment to the SPA One PFFP has been proposed to establish security thresholds so that Otay and McMillin can equitably share in the number of units as the Olympic Parkway thresholds are achieved. ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item: c:;¿ I Meeting Date: 4/13/99 In addition, on February 16, 1999, the City Council approved an amendment to the Otay Ranch SPA One Plan for the Village One Core - Phase 7 (Purple Phase), and the area of Village One west of Paseo Ranchero (Village One West). The amendment to the SPA One PFFP for these areas was consolidated with the Olympic Parkway amendment in order to bring one amended PFFP forward for City Council approvaL The City Council certified EIR 97-03 on October 30, 1998. EIR 97-03 was prepared for the amendments to SPA One. That EIR analyzed amendments to the Otay Ranch SPA One for Phase 7 and Village One West. In addition, it also analyzed the amendments to the Public Facilities Financing Plan to include Phase 7 and Village One West. The modifications to Table 11 of the SPA One PFFP are exempt from CEQA review under Section 15061(c) (3) of the Public Resources Code (General Rule) because the modification is procedural and will not result in a significant physical change to the environment. RECOMMENDATION: That the City Council adopt the Resolution approving the amendment to the Otay Ranch SPA One Public Facilities Finance Plan that will establish security thresholds for Paseo Ranchero and Olympic Parkway, amend the PFFP for Phase 7 of Village One and add Village One West. ;¿/-/ Page 2, Item No.: Meeting Date: 4/13/99 BOARD AND COMMISSION RECOMMENDATION: On February 3, 1999, the Planning Commission voted 6-0 to recommend that the City Council approve the amendment to the Otay Ranch SPA One Public Facilities Finance Plan for Phase 7 of Village One and Village One West. On March 10, 1999, the Planning Commission voted 4-0 to recommend approval of the Olympic Parkway amendment to the SPA One PFFP. DISCUSSION: Olvmuic Parkwav The SPA One PFFP trigger to guarantee the construction of Olympic Parkway from 1-805 to Paseo Ranchero and Paseo Ranchero from East Palomar Street to Olympic Parkway is currently set at 1,213 Equivalent Dwelling Units (EDUs) in Table 11. Phase I improvements include Olympic Parkway from Brandywine to Paseo Ranchero and Paseo Ranchero to East Palomar Street. Phase II extends Olympic Parkway from Paseo Ranchero to East Palomar Street. Phase III extends Olympic Parkway from East Palomar to SR-125. In order for the Otay Ranch Company and the McMillin Companies to share the EDUs in the next phase of SPA One development, the developers and staff are proposing that additional thresholds be established for the approval of Final Maps. In a separate fInancing agreement, improvement requirements for each developer have been determined and EDU limits proposed for the future approval of Final Maps. Table ll-A will be added to the SPA One PFFP to further defIne the security thresholds for the construction of Olympic Parkway. Currently, Final Maps containing 1,209 EDUs have been approved. With the approval of the agreement by the City Council guaranteeing the construction of Paseo Ranchero and Olympic Parkway, Final Maps containing up to 1,800 EDUs can be approved in Stage 1. When the 4d Take Allocation environmental permits for the habitat in Poggi Canyon have been approved by the Wildlife Agencies, Final Maps containing up to 1,995 EDUs may be approved by the City Council in Stage 2. Prior to the approval of Final Maps with 2,526 EDUs, Stage 3 requires: 1) full environmental clearance from the appropriate agencies including clearance for the Quino checkerspot butterfly; 2) approval of grading plans with full bonding for Phases I and II (Olympic Parkway and Paseo Ranchero); and 3) approval of the detention basin agreement for Poggi Canyon. Receipt of bond proceeds by the City for McMillin Companies improvements in CFD 97-03 (La Media, East Palomar and Olympic Parkway) will allow 2,690 EDUs to be approved in Stage 4. Stage 5 requires the Phase I improvements for Olympic Parkway and Paseo Ranchero to be approved and bonded, which will allow up to 3,126 EDUs to be approved. With Phase II Olympic Parkway improvement approved and bonded along with La Media and East Palomar, 5,429 EDUs can be approved in Stage 6. Stage 7, full buildout of SPA One including Village One West, requires Phase III approval of improvement plans and bonding for Olympic Parkway from East Palomar to the SR-125 right-of-way. H:ISHAREDlPLANNINGlPFFPcc.All3.doc ,)t - d-. Page 3, Item No.: Meeting Date: 4/13/99 Security for PFFP improvements is typically required prior to Final Map approval because this is the furthest point in the development process where the City has the greatest control with fmancial obligations. Most bonds guaranteeing improvements are posted prior to the approval of Final Maps. These proposed modifications in Table ll-A are not a reduction of the construction threshold, but rather a refinement of the threshold security which cannot be exceeded until the roadway construction is guaranteed for Phase I, II and III of Olympic Parkway. The PFFP amendment will be considered by the City Council along with: 1) the overall alignment study and finance plan for Olympic Parkway; 2) a contract for consultant services for project management and plan checking of improvement plans for Olympic Parkway; and 3) a security agreement between the City and the Otay Ranch Company and the McMillin Companies to construct Phases I, II and III of Olympic Parkway. Villal!e One Phase 7 and Villal!e One West The recently approved SPA One Amendment changed the land use plan for Phase 7 of Village One and added Village One West to the SPA One Plan. The SPA One PFFP is modified to reflect the revised Phase 7 of Village One land use plan and to incorporate the new plan for Village One West. The PFFP analyzed the amendments and concluded that none of the originally established thresholds for public facilities were exceeded. The PFFP is based on a non-sequential colored phasing plan. CONCLUSION: Staff has concluded that the proposed agreement between the Otay Ranch SPA One developers and the City of Chula Vista for financing and construction of Olympic Parkway and Paseo Ranchero will facilitate timely construction of the facilities. Staff recommends Table llA be added to the Otay Ranch SPA One Public Facilities Finance Plan to establish security thresholds for the construction of Olympic Parkway. In addition, the PFFP should be amended to reflect the amended land use plan for Phase 7 of Village One and add Village One West. The PFFP concludes that all public services will be provided in accordance with the City's threshold standards. FISCAL IMPACT: All staff costs associated with this amendment are covered under the processing agreements between the City and the ütay Ranch Company and the McMillin Companies. H:\SHAREDIPLANNINGIPFFPcc.Al13 .doc ,;)/-3 Page 4, Item No.: Meeting Date: 4/13/99 Attachments I. Planning Commission Minutes and Resolutions 2. Amended Table II and new Table ll-A 3. Exhibits 8 and 9, SPA One PFFP 4. Disclosure Statement. .;2.1-'1 H:\SHARED\PLANNING\PFFPcc.A113.doc RESOLUTION NO. J9'1t:f¿ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH SPECIFIC PLANNING AREA ONE PUBLIC FACILITIES FINANCE PLAN TO CHANGE IMPLEMENTATION THRESHOLDS FOR PASEO RANCHERO AND OLYMPIC PARKWAY. WHEREAS, the Otay Ranch General Development Plan was approved on October 28, 1998, and the Otay Ranch Specific Planning Area One Plan and Public Facilities Finance Plan were approved on June 4, 1996; and WHEREAS, the Equivalent Dwelling Unit (EDU) trigger for Paseo Ranchero/East Palomar Street to Olympic Parkway (Facility No.4) and Olympic Parkway/I-805 to Paseo Ranchero (Facility No.7) is shown as 1,213 EDUs on Table II of the Otay Ranch SPA One PFFP; and WHEREAS, in order to facilitate the construction of Olympic Parkway in a timely manner, the Otay Ranch SPA One developers and the City of Chula Vista have entered into a financial and construction agreement to construct Facility No.4 and Facility No.7; and WHEREAS, on February 16, 1999, the City Council approved an amendment to the Otay Ranch SPA One Plan for theVillage One Core - Phase 7 (Purple Phase) and the area of Village One west of Pas eo Ranchero (Village One West). The amendment to the SPA ONE PFFP for these areas was consolidated with the Olympic Parkway amendment in order to bring one amended PFFP forward for City Council approval; and WHEREAS, the City Council certified EIR 97-03 on October 30,1998 which was prepared for the amendments to SPA One for Phase 7 and Village One West and in addition, it also analyzed the amendments to the Public Facilities Financing Plan to include Phase 7 and Village One West; and WHEREAS, the modifications to Table II of the SPA One PFFP are exempt from CEQA review under Section 15061(c) (3) of the Public Resources Code (General Rule) because the modification is procedural and will not result in a significant physical change to the environment; and WHEREAS, the Planning Commission held an advertised public hearing on the Project on January 13, 1999 and voted unanimously to approve Planning Commission Resolution No. PCM-95-0IB recommending to the City Council approval ofthe amendment to the PFFP; and WHEREAS, the City Council set the time and place for a hearing on said amendment to the PFFP and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of Village One and Village Five at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on April 13, 1999 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. ~/-5 PLANNING COMMISSION RECORD The proceedings and al1 evidence on the amendment to the PFFP introduced before the Planning Commission at their public hearing on this matter held on January 13, 1999 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby approves the amendment to the PFFP based on the fol1owing findings and al1 other evidence and testimony presented with respect to the proposed changes, and subject to the fol1owing findings: FINDINGS The amendment to the PFFP is consistent with the General Plan and the General Development Plan for the following reasons: L The amendment incorporates details of a financing and construction agreement between the developers of Otay Ranch SPA One and the City of Chula Vista which wil1 facilitate timely construction of Olympic Parkway and Paseo Ranchero; and 2. The amendment wiJI not adversely affect adjacent land uses, residential enjoyment, circulation or environmental quality in that updated dwel1ing unit figures al10w for more exact calculations related to traffic, park requirements, police, fire and emergency medical services, schools, libraries, parks, trails and open space, water requirements, sewer capacity, and drainage, among other issues. APPROVAL OF AMENDED PFFP The City Council hereby approves the amended PFFP for Vil1age One and Vil1age Five of the Otay Ranch Sectional Planning Area I Plan adding Table I t-A and amending the PFFP for Phase 7 of Vil1age One and adding Vil1age One West to the PFFP. Presented by Approved as to form by J~~~ City Attorney Robert A. Leiter Director of Planning and Building 2 ~/-~ --.-.. --P" c' / A7TACHMEAJ1 ~ Planning Commission Minutes -4- February 3. 1999 The 350 sf open space area is strictly active, usable open space consisting of a community gardening area, rose garden area, and active play area and quiet use areas with trellises and built-in b-b-q aræs. What is missing is the private balconies for each unit This is a feature that Seniors prefer not to have because of security reasons. Chair Willett stated he visited a couple of senior complexes and he too agrees that parking is not a problem and that balconies are unwelcome. Public Hearing Closed 7:30. Commissioner O'Neill stated he was confident that because of the constitute of the tenants he did not anticipate there being problems with underparking and was please to hear that the applicant is not going to stenciling a unit number in a parking space whether its used or not, because the unassigned spaces may be used by guests. Commissioner Hall stated that his personal experience too, has been that parking is not a problem because a vast majority of seniors do not have vehicles. In addition, he believes a very positive aspect of the project is that it is located next to Sharp Community Hospital which makes it very accessible to seniors, therefore, he supports the project as proposed. Commission Tarantino stated that due to the small unit sizes, he believed that on those special occasions when families normally gather together, it would most likely be that the extended family would pick up the senior member to take with them to another location or family member's home, therefore, he does not have a concern with underparking and fully supports the project as proposed. MSC (Thomas/Ray) (5-1-0-0) that the Planning Commission adopt Resolution PCC-99-25 recommending that the City Council approve the Conditional Use Permit for the proposed affordable housing project with the condition that a total of seven guest parking spaces be provided and not be reduced in order to comply with the 2% ADA requirement for disabled parking. Motion carried with Commissioner Hall voting against. Commissioner Hall wished to express that he fully supports the project as proposed, however, he does not concur with the motion as stated. 4. PUBLIC HEARING: PCM-97-11; Request to amend the Otay Ranch Sectional Planning Area (SPA) One for Phase Seven (Purple Phase) of the Village One Core and Village One West including the Planned Community District Regulations; Village Design Plan; Parks, Recreation Open Space and Trails Master Plan; Public Facilities Finance Plan; Affordable Housing Plan; and the Phase 2 Resource Management Plan. Background: Rick Rosaler, Principal Planner reported that this is a two-fold request to amend the existing SPA One Plan, amend the plan for Phase Seven in the Village Core and come up with the SPA Plan for Village One West When the SPA One was approved, it was referred to { PlanninR Commission Minutes ·5- February 3, 1999 as the area West of Paseo Ranchero and has multiple owners. The Commission requested that there be comprehensive planning of this area when it was ready to develop. The amendments being considered are consistent with General Plan Amendments that were approved by the Commission in October 1998 and City Council approved in November. Included with those approvals was EIR 97-03 and this project is consistent with that EIR. The proposed plan expands the development areas in Village One to areas that contain habitat in the area west of Paseo Ranchero and Village One West. In October there was a switch of land use where the Otay Ranch Company gave up development rights in Villages 13 and 15 to be able to take additional development area in SPA One West and Village One. Rich Whipple, Assistant Planner, reported that the Otay Ranch Company proposes to amend the SPA One Plan to allocate all of the multi-family units authorized in the GDP for Village One. The GDP was recently amended to provide flexibility in the number of multi-family dwelling units provided sufficient multi-family densities were approved to support the light rail transit line. Otay Ranch Company originally applied for 1,422 units in the core, but have amended their a~plication to request 1,512 dwelling units, an increase of 90 units in Phase Seven of the Plan. Neighborhood R-15 - Is a proposed multi-family project of up to 464 units with a 4.5 acre CPF site most likely designated for a church. A paseo with emergency access will connect R-15 with the Viilage Core. Neighborhood R-16 - Is proposed to be the second alley product design in SPA One and the SPA Conditions of Approval authorize a SPA amendment if you are adding an alley product design. Neighborhood R-17 - Expands the development area of Village One along Poggi Canyon as provided for in the recent GDP amendment and the proposal changes the land use from multi- family to single-family. Neighborhood R-18 - Proposes a single-family neighborhood, at a slightly higher density of 7.2 du/p/ac. Nei~hborhood R-19 - Remains as a multi-family site and as a target site for the affordable housing location for this Village and Telegraph Canyon Estates. Neighborhood R-47/CPF-1/C-1 - This is the heart of the Core and proposes a mixed-use center to provide for the day-to-day needs of the Village residents and includes a commercial ground floor along the frontage of East Palomar Street, in addition to second and third story uses, one of which is a medical office building with a first floor pharmacy. Neighborhood R-48 - Proposes a single family development located outside of the 1/4 mile radius of the transit station. ;L Planning: Commission Minutes -6- February 3, 1999 The changes to Phase Seven deal with two conditions; expansion of development areas allowed by the recent GDP amendment as well as reorienting the "Main Street" design for Village One. The appiicant is proposing East Palomar Street being the "Main Street" design for this Village. The commercial is proposed to be a true mixed use with two to three stories of residential units located above ground floor commercial. Staff believes that under the previous plan, "Main Street" did not go to a particular destination, and there would be difficulty drawing residents down the street, while under the current plan, a significant amount of pedestrian activity will occur along East Palomar Street. The SPA Plan indicates one guarded entrance for Village One on the south side of East Palomar Street. Staff was concerned over the continued use of restricting access to these neighborhoods and took the issue to the Executive Committee. After review, it was decided to support the applicant's proposal for guarded entrances in Phase Seven to be consistent with the existing guarded entrances north of East Palomar. Staff believes the SPA One amendments for Phase Seven, proposed by the applicant are consistent with the Otay Ranch GDP policies and recommends approval of the amendments. Rick Rosaler reported that the SPA One West area encompasses the area west of Paseo Ranchero, south of Telegraph Canyon and north of Olympic Parkway. East Palomar Street is proposed to be extended through from Sunbow to the Village One Core. The GDP amendments that were approved in November 1998 allow for the expansion in to this area of approximately 237 acres and currently there is an issue with density between the applicant and staff. This area is suppose to be a transition area between the Sunbow project to the west and Village Core to the east. It includes a 5 acre park adjacent to the Sunbow school site and an additional third park for SPA One. At this time, the school district is not sure whether the third school site is going to be necessary, however, planning and reserving the site for the school will proceed. Staff is concern with the transfer of a large number of units, increase in density, compatibility to Sunbow and compliance with the General Plan landform grading policy in Village One West. The applicant submitted a Tentative Map which proposes 818 lots which does not include Neighborhoods R-54A &B which have 37 units for a total of 855 in Village One West. They decreased the unit count from 855 to 818 on the Tentative Map in an attempt to address staff's concerns on the landform grading policy associate with slopes adjacent to Telegraph Canyon Road, Paseo Rancher and Olympic Parkway. The current proposed tentative map does address the landform grading policy to staff's satisfaction and there will need to be further reduction in lots along Olympic Parkway and an additional 1 0 lots would need to be eliminated to conform to the policies. Therefore, staff supports 808 units on the Ranch's portion of Village One West. With the addition of 37 units in Neighborhood R-54A&B, staff supports total unit count for Village One West of 845 instead of 855 and staff's recommendation will require a transfer of 42 lots from Village One. -3 Planning Commission Minutes -7- February 3, 1999 Commission Discussion: Commissioner Ray asked for clarification on the net increase of dwelling units specifically in Village One. Rick Rosaler stated that 90 units are being added into Village One than what was originally authorized and transferred 45 units into Village One West In the original GDP the multi-family density was fixed at 1566 to have the 18 du/p/ac.; the multi-family density that is being proposed now is 1512, a difference of 54 units. Commissioner Thomas asked for clarification on the change in parking ratios, and also inquired if the five parks that are listed are private. Rick Rosaler responded that in the Village Planned Community District Regulations there was a parking ratio of 2.5 for 3 bedroom units and it was felt that when the Gateway project, a 420 unit multi-family project also done by Chelsea, was looked at, because of the transit-oriented nature of the Village, that amount of parking was not needed and 2.25 is being recommended for a 3 bedroom un its. In addition, Park P12,P5,P4 and P3 are all private parks located behind the private entrances. Public Hearing Opened 8:15 Kim Kilkenny, The Otay Ranch Company, 350 W. Ash Street, San Diego, introduced Kent Aden, Exec. Vice President, and Raney Hunter, Project Manager, and expressed appreciation to staff for their efforts over the past several months in preparing the General Plan Amendment and th is plan. Mr. Kilkenny stated that in light of the Commission and City Council recent tour of eastern Chula Vista, which included the Ranch, he will waive going into a discussion on that development, other than to say that they are very pleased and proud with the progress made thus far and the vision that was articulated nine years ago, is coming to fruition. My. Kilkenny stated that the main issue he wanted to convey is that The Otay Ranch Company endorses staff's recommendation, even in the one area that staff's report indicates there was a modest disagreement over ten units. The Ranch agrees with the number that staff has indicated; 845 units in Village One West, however, they ask that as they go through the Tentative Map, they be allowed the discretion to indicate where those ten units would be lost Chair Willett asked for clarification on the term "net usable acres" with regard to school and park sites. My. Kilkenny responded affirmatively that contained in the Public Facilities Finance Plan, the contract with thE District, and the Tentative Map conditions, the term "net usable acres" will be used. The school district will get 10 acres plus, which will be delivered in Village One. i Planning Commission Minutes - 8- February 3, 1999 Public Hearing Closed 8:35 MSC (fhomaslRay) (ó-O-O-O) to adopt Resolution PCM 97-11 recommending the City Council approve the amendment to the Otay Ranch SPA One Plan and Resolution PCM 98-02 recommending City Council approve the amendments to the Otay Ranch SPA One Planned Community District Regulations and to reduce the number of units to 845 in Village One West. Motion carried. DIRECTOR'S REPORT: Bob Leiter, Director of Planning and Building, reviewed the upcoming schedule of meetings calendared for February; they are: " a regular meeting on February 10 " a joint GMOC workshop on February 17 with a presentation by Kent Olson from CTV on the status of SR-125, a presentation on the Olympic Parkway project, and a representative from MTDB will discuss light rail transit planning; and " a regular meeting on the February 24. In addition, Me. Leiter polled the Commission as to their availability to attend the joint GMOC/City Council/Planning Commission annual workshop scheduled for either Monday, March 22nd or Monday, March 29th. Mr. Leiter also reported that the Economic Development Commission has requested to have a joint workshop with the Planning Commission and City Council to talk about the industrial land use policies that were discussed by the Commission a little over a year ago. The date has not been set, but will probably take place sometime in March or April. Lastly, Mr. Leiter, stated that we have not yet received the registration information on the Planners Institute in Monterrey on March 24-26, 1999, however, it would be good to start planning for it and solicited input from the Commission as to who would be interested in attending. Commissioners Hall, Ray, Thomas and O'Neill expressed interest in attending. COMMISSIONERS COMMENTS: Commissioner Tarantino wished to express his appreciation to Council member Davis for any input she may have had in having the padlock removed from the refrigerator in the lounge. ADIOURNMENT at 8:45 p.m. to the Regular Planning Commission meeting of February 10, 1999. Diana Vargas, s- Jj7Jí¡(HM~)j/ 1 MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 7:00 p.m. Wednesday, March 10, 1999 Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ROLL CAW MOTIONS TO EXCUSE: Present: Chair Willett, Commissioners Castaneda, Ray, Thomas, and O'Neill Absent: Commissioners Tarantino and Hall Staff Present: Jim Sandoval, Assistant Director of Planning and Building Rick Rosaler, Principal Planner Kim Vander Bie, Assistant Planner Ann Moore, Assistant City Attorney Elizabeth Hull, Deputy City Attorney MSC (Thomas/Ray) to excuse Commissioners Tarantino and Hall. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Willett APPROVAL OF MINUTES: December 16, 1999 MSC (Ray/O'Neill) to approve minutes of December 16, 1999 as presented. Motion carried. ORAL COMMUNICATIONS: No public input. 1. PUBLIC HEARING: PCM-95-01B; Amend the Otay Ranch SPA One Public Facilities Financing Plan to amend the threshold for Olympic Parkway construction. The Otay Ranch Company and the McMillin Company. Background: Rick Rosaler, Principal Planner reported that the SPA One PFFP establishes thresholds for public improvements serving Villages One and Five, including Olympic Parkway. In order to expedite the improvements of Olympic Parkway, a financing plan with security for construction has been negotiated with the Otay Ranch Company and McMillin Companies. An amendment to the SPA One PFFP has been proposed to establish improvement thresholds so that Otay Ranch Company and McMillin Companies can equitably share in the number of units as the Olympic Parkway threshold. , Planning Commission Minutes - 2 - March 10, 1999 Mr. Rosaler stated that the triggers for EDU's in SPA One (Villages 1 and 5) are not changing. The City is entering into an agreement with the Otay Ranch Company and McMillin Company to expedite the construction of Olympic Parkway. In order to accomplish this, staff is proposing to add security thresholds to the Public Facilities Financing Plan. The SPA One PFFP trigger to guarantee the construction of Olympic Parkway from 1-805 to Paseo Ranchero and Paseo Ranchero to East Palomar Street to Olympic Parkway is currently set at 1,213 EDU's. Phase I improvements include Olympic parkway from Brandywine to Paseo Ranchero and Paseo Ranchero to East Palomar Street. Phase II extends Olympic Parkway from Paseo Ranchero to East Palomar Street. Sta2e 1. Currently, Final Maps containing 1,213 EDU's have been approved. With the approval of the agreement by the City Council guaranteeing the construction of Paseo Ranchero and Olympic Parkway, Final Maps containing up to 1,800 EDU's can be approved. Sta2e 2. When the environmental permits for Poggi Canyon are approved by the wildlife agencies, Final Maps containing up to 1,995 EDU's may be approved by Council. Prior to Final Map approval with 2,526 EDU's. Sta2e 3 Requires: 1. Full environmental clearance from wildlife agencies, including clearance for the Quino Checkerspot Butterfly; 2. Approval for grading plans with full bonding for Phases I and II (Olympic Parkway and paseo Ranchero); and 3. Approval of the detention basin agreement for Poggi Canyon. Sta2e 4. Receipt of bond proceeds for improvements in CFD 97-03 (La Media, East Palomar and Olympic Parkway) will allow approval of 2,690 EDU's. Sta2e 5. Requires the Phase I improvements for Olympic Parkway and Paseo Ranchero to be approved and bonded, which will allow approvai of up to 3,126 EDU's. Sta2e 6. With Phase II Olympic Parkway improvements approved and bonded, along with La Media and East Palomar, will allow approval of 5,429 EDU's. Sta2e 7. Full build-out of SPA One, including Village One West, requires approval of improvement plans and bonding for Olympic Parkway from East Palomar to SR-125 right-of-way. 7 Planning Commission Minutes - 3 - March 10, 1999 These steps are bit unusual and its take the PFFP process a bit further than other applicants have, giving the City through the financial agreement that Council will enter into with the two developers, the s~curity that Olympic Parkway will be built as the project is developed. Staff Recommendation: That the Planning Commission recommend that the City Council approve the amendment to the Otay Ranch SPA One Public Facilities Finance Planning for Paseo Ranchero and Olympic Parkway. Commission Discussion: Commissioner Ray asked about the changes made to Table 11 (Transportation Phasing). Rick Rosaler responded that staff has been meeting regularly with the two developers, even as recently as the present day, regarding the construction schedule and they have agreed to construct and to secure the facility prior to the Final B Map triggers. Chair Willett asked if staff had an estimated time for the completion of the Final B Map. Mr. Rosaler responded that approximately 8 to 10 Final Maps have been recorded and another 3 to 4 are pending approval of this by the City Council so that additional units can be recorded. Final Maps have been recorded in Village 1 and Phase 2B. Final Maps have been approved for McMillin in the area north of Palomar and the first set of Final Maps for Pacific Coast Communities in Phase lA, across from St. Claire. Public Hearing opened 6:35. No public input. Public Hearing closed 6:35. MSC (Thomas/Ray) (5-0-2-0) that Planning Commission recommend to the City Council adoption of resolution approving the amendment to the Otay Ranch SPA One Public Facilities Finance Plan for Paseo Ranchero and Olympic Parkway. Motion carried. ¡ TRAFFIC SPA One Public Facilities Financin~ Plan T able II Transportation Improvements Cumulaôve I Phase (Footnoœ or Ph... specific EDU trigg.r) lnteraal Transportation Improvements EDU's , Bloc Grey Pink I Gm Org Y.I TBm Red Purp Silver Gold 4 !~ Ranchero - East Palomar to Olympic I (2) I (2) (2) (2) (2) (2) I (2) (2) 300 (2) (2) Parkwav" 1.213 6 ILa Media - East Palomar to Olympic I (2) ! (2) (2) (2) (3) (2) I (2) I (2) (2) (2) I (2) ¡Parkway· "",9] I 1128 lEast Palomar ~ Santa Rosa to Olympic I ! (2; I en (2) I (2) I (3) 300 ; (2) i (31 I (2) (2) I (21 !Parkwav- I 2.9] ¡ , I I 15A ILa Media Pedesman Brid~t I I (41 I (4) (41 I 14, i (4) I (4) (4,) , (4) I (4) (4) I (4) 2.91 ì I I J 5B ! 112 Olympic Parkway Bridge (ViJJage ¡ to , I (4-) I I (4, I (4) I (4) (4) I (4) i (4) I (4) I (4) I I (4) (4) I ¡Villacre2) 4.629 , I I 15C ! JD Olympic Parkway Bridgt (Village:) to I ! I I I , I I ¡ ! I 141 (4,1 (4) 14) I (4) (4) (41 (4) (4) (4) (41 I IVillacre61 4.629 i I I , IOiympic Parkway - f'aseo R.anchero {(J L¡; I I I I I I ! (2) i ; o· ! (2\ , (2) (2'1 (21 300 (2) 300 I (3) (3) (]) -, I I Media'" "1,91 ] I I "' j Oiympic Parkway - :....;; Media to Eas1 I , I I I , I i (2-1 (:21 (2) I '" (3) (21 ~2 : (3) (2) (2) (~J -- I ,-, , , I , , ¡Palomar'" .,~ !Oiympic l'arkwa~ - E.as: PaJomarto easæm !Ou" Ranch bounQ2..·.,,·~ _.13G 5.42'1 (~" í2¡ (2) I í21 (2ì (:;i (:;; ! 01 (2) (:;J c! I Ref!ional Transportation improvements I - ¡OlympiC Parkwa~' -1-805 to Paseo RanChero. (2) (2) (2) (:;) (2) (2) (2) (2) (2) (2) (2} 1.213 10 East Palomar - ex.ist:ing improvements to (2) (2) (2) (2) (2) (2) (3) (3) Pasea Ran hero· 2.911 Footnote Legend (1 'I Interim improvements for any facility can be constructed aI fue àíscrerion of the City Engin~er. :2) Agree to constru;:: anå to secure the faciiJty pnoT to the Final "B" Map that mgg:rs the cumuJat1ve EDüs as åeIÎœd in this ExhioJ: and TabJe I I-A (3 i Agree to constTu:~ and to secure the faciJity pnoT to the fi~: IÎnal map in the Phase. 141 To be fmanced through a Joca] DIF. .. Both the cumuJauv: anò phase specific secunty obligations fOT fuese improvements are defined funhl:T in TabJe 1 I-A !\otes: Improvements are mggered by the sooner of phase specific EDV's or cumuJative EDU's. Facilities to be guarameeå prior to the first final map triggering the improvement. Tn: folJowmg faClO:3 shou1d be used faT EDl' counts SingJe Faroiì: ResJòemiaJ = 1 EDl' peT DL- Multi-Famiì: Res¡òenua] = U.84 EDt per DL Comm!:Tciaì == -:.6E EDLT's per Acre 7 H\nome1E!n¡:rr\lanoev\98s4-Dfi~ >- ~ = ...¡.¡ 0'" i;J¡;3 ~=- = ... ::;: .. ~ 00 ~~... ~=... ¡.¡::;: ... ... -< I ..... ..... ~ ~ :ê Eo-< a.: .~ ~ .. ~ .. ~.::: ~ ~ J..... - ~rJ1'i"Q . "" = ... Go) ~ ~ ~ë.:i~ ~ ... 0 CI ,,~'-"~ .. ~~ bII .. = = .. os " os .. o 00 Eo< Z f;¡;¡ ::;: ~ ... ~ 0' ~ ~ f;¡;¡ = ... o ~ 00 ... z ~ ~ ~ =- ~ ... I f;¡;¡ ;> ... f;¡;¡ ~ z " =- f;¡;j ~ ::;: ::E 00 ... go o ..,. .... = QO = <')...,.-.. .... 0'1 .. '" = ... .... '" oS .... ~ ~ '" os 101)= .S 0 ... .~ f:'- ~ .~ ~ ¡.¡ = = u .... <') -=0'1 "0'1 "0'1 os.... ::;: .... = o o ..... ..... '" or¡ s:: o .~ - ~ '" s:: o u 11 d OJ .~ ..... 01):-::: .S ~ o 0 §~ .5 ~ µ;'.D ~'S ¡;: 0) ~ a OJ 0) o 0) ¡:.: 6b ~ OJ 2~ .s s:: 0) 0 ~ .~ '"Ò ::I § ~ ~O) OJ . ~'G [; § ¡o.. 0 oU 15.. ç a .~ ~U ..... >-. O.D = - 0) s:: ..s:: 0) - a 'õ 0) -¡;J ~ ê;<t: ~~ ~.< <t: .... ..... Cl\ ..,. I I '"Ò s:: 0) o 0) ',= 0 0_ g '" o>þ s:: o~ U . '"Ò 0 §U OJ)..s:: = Š .~ ~ = 1? .~ - µ;'o ¡;.>-. ¡;:.D ~d ciZ 13 0) "3 ~ ., OJ) .....<t: ~'õ '"Ò s:: § .:2 - >-.::1 OJ 0 ¡;: 0) ..I< ~ [; ~ ¡o.. 'ü .~ § 8'0 >-.U .....þ o .~ O)U ..g >-. .....D o E ..... 0) ~ a o 0) ~~ ",OJ) <t:<t: = .... 1:1\ 1:1\ QO 'f) Cl\ ..... .... = 0'1 o ~ ~ - or¡ '" ..... = = QO .... ¡o.. U ¡,¡¡ 00 .. = ~ .Q ---:a t) -=.. -...... os ~ " -;j = S '" os ... ~<t:= ~....s:: ~'-"-;- _....~ os .. ~ = IOI)~ .S: $ f;¡;¡ ;t:CIl...= ~ '... "t:) """"...... os ,.;¡ ~ .. <t: '" ...... c. cS 0 œ .. = EI .c=_ .....".C= .. .. = Elë.= .. EI .. .c ~ ~ = u f os = c. -= ~ c. '" c. os '" ~ = = . os ~ '" " -=~- g\¡~ 'C ;.::~c .c<')::I ~ .... = ="'u .........è ~ 1HJ <t: ~ . ~ t-.:l .. .c ¡¡ IOI)~ EI :! Go) Q,} ëå 00 ~.: > ,.C ... = 8 ....c.I:r:tj~ o Q.¡ Q,) "-' ~ = os.. ..,. w - 'ü <;< 0) '"Ò 0) ~ 0> ] ~ o () -š OJ) = '6 ::I Ü = .~ ~ o u -š >-. .D '"Ò 0) > o ... c. ê' = o .~ o o :¡;¡ ~ 1'0 '" '" 0) ~ -¡;J o .~ OJ) o - o .~ .D gp .~ t;; .~ ~ 0) -š .... o >-. g ::I 0"' ~-¡;J OJ > 0) 8 ..g '" ~ ~ ",¡o.. .~ u 000 5~ OJ)... <t: 0 0) '" o 0) ~ .~ o '" '" ¡;: 0) 0 ¡:.: I:: -š.2 £§ 0) o ¡;. 5 ¡;: ~-g o 8 = o ... u<S ..,. 1:1\ = .... .... = 0'1 ~ c I() 0'1 0'1 .... '" c. os EI - os = = .. > e c. c. os = os " - .~ " = ::I = u .è U .; ... = .. EI .. .. 'S 0" .. .. N bjJ .. = ~:a ... .. '" .. .... " ~ ~ = .. .~ ~ ... = ~,.-.. c.'" EI~ =~ "¡.¡ = ~ =; '" .~ ~ ~ ;;.- ~ = ....¡;.¡ 000 =~ rJJ~ ~ = ... ::g .. ~~~ ~=- ¡;.¡::g - .... -< I .... .... ¡.¡ ~ = -< ¡.. =-.; "' ~ ~ .. ~ .. o ~ 0 ~ J-. .... .. ~rJJQi'C 00 . >- = I() ~..~" N 5ë.::52~ ~ a... 0 1:1 r:;~"'¡¡: .. "'''0 CIJ .. = = ø " e o 00 ... :z ¡;.¡ ::g ~ - ;:¡ 0' ~ ~ ¡;.¡ = ... o o( rJJ ... :z ¡;.¡ ::g ¡;.¡ ;> o ~ ~ ::g - , ¡;.¡ ;> ... ¡;.¡ o :z '" ~ ~ ~ - - M or¡ .§ " p. ~ -0 ~ .,¡- ,š <+-< o " OJ § '" .~ rñ ;SE .~ .¡¡; " ~ OJ ê c:: 0 ".J:J ~-o g § o OJ ~ -0 ~ ~~ .~ ~ ê .;¡ g,S- -..:::;. ~o - ... -0<2 § ¡'j Õ '5 .,¡- c:: " " ;g;~ .,¡- " 'õ ~ " 0 ~Æ Æ£ -< M M - ~ N - r-: 'D" ..¡: '" .:!! .<::: - .~ µ.. ... <2 gf ~ ... CD <+-< o gf ::a c:: o .J:J - J! ê '" § "is.. CD c:: . .~ - -0 _ i:! " CD- -~ J!f-< <+-<M ON '-¿;j-o > § 8N o.N 0. " -<M M t- N - M or¡ d o § U .§ " p. '2 ~ .,¡- " ;S <+-< o " § '" oj '" " '" - ..... '00 ;S ~ .~ ê " 0 g.J:J ,,-0 ~ § OJ ... § ~ OJ"" ê~ '" OJ - .~ .~ 0. 5£, 0.0 - ~,.š - '" -0 " § 'g - " o CD .,¡-< .,¡-" " o OJ .,¡- !3 <+-< 0 o ¡'j 8~ §1j '" - '" ... ~.J:J .~ CD CD o p., ... <2 ç û £ -0 " > 8 p. ª' '" ¡:: " a " " ... ~ c:: .¡¡; to .J:J c:: o .~ ¡:: E " -0 " <;; ·C 0. 8 0. ~ =:I M M - ~ N - r-" 'D" ..¡: '" " .~ :E .~ µ.. ... <2 CD c:: ~ ... CD <+-< o CD c:: ::a c:: o .J:J ;¡j ê '" § P..~ CD_ .S (1) 1J:g 5Of-< .5 ~~ 'õN ~ê ON !5..N 0. " <M M If¡ M - .,¡- r-- - - ~ C \Q M on M d o § U '@¡ CD o p., ... <2 ç Û ... .J:J -0 " > K ª' '" ¡:: " a " " ... ~ c:: .¡¡; to .J:J c:: o ':S E " -0 " <;; '§. 8 0. 0. < ¡,j¡ .. = .c :a =.-..~ .. =:I '" ~tfj~ ..rI.I ~ Õ ~-<= =M~ ~"'-'~ _M;:¡ .. .. = g :f ¡;.¡ ;:~-= .~ ... :g .... .~ ~ ~ "' .. ~ oS a .. ..c ... o = Q- .~ " ... ... = ~~= a 0. .. .. a > ..c 0 ¡: = CJ C. " = 0. ~ 8. : ¡a Þ = o . '" ;:þ= ~= ~ == ~ = ..con 0 Q"'U =:I~ç M "0 U·~ o( = ~ 0 . '" ... "' M .. ... .. ..c ii CIJ"O a " .. .. ... > .. 17.1 e... ..c .. '" ... 0. 0" o 0. .. =:I" .. o .,¡- 'D - .,¡- 'D - -0 § ç û " ;S B -0 " ... " .:: - " -0 c:: " " .J:J " ~ ..c:: ¡::" " - to > .~ '" cr' " ..c:: '" ..; to 0 OJ _ to ß Ö .= "Q ";' " &; § ... c:: c.S .- µ.. '" " i3;S " OJ ... 8.D 0.-0 " ~t¡::: c:: .~ o ¡:: ¡:¡:¡ 8 "'" M If¡ M - 00 M f'1 - - õ '" \Q M "' 0. " a - .. = I: .. > Q .. 0. 0. .. = " '" - .¡:¡ = '" Q U ç U ,;; ... = .. a .. .. .¡; 0" .. .. "'" ¡,j¡ ~.e .."0 ... .. "' .. ... '" Q .. = .. .S: ¢ ... = ..!!~ c."' a~ 0= "'¡;.¡ ê..c c.~ ;:¡ ~ \0 M "'" o 'D M .,¡- -0 " > .~ " OJ ~ ç '§ t- ßç '" .~ - ê 'g -oµ.. " ... ><2 o ... ¡:: c." ª,a " ~ [;; 0. ~..c:: ;:: g¡ " OJ -<+-< ~ 0 bê t-<2 ê,š .,¡- c:: ~ .~ .~ 0 .~ '.p :-::: ~ g .~ µ..;:ë ... 0 <2ç '" .~ .§ ~ 0." _rFJ c:: . " ... a .'t:: ~u o " !5..;S .5£ on é,; .., ~ .... ~ .. ~ .. ::I ... 0":; 0 !:II: 0 .... .. .... QQ ("') .... "0 ~ ~rFJQj"O ...... go 0 0\ .. ~ .... CI l' ("') = = ... 01 = ==...... . .... N """ ...;¡¡.¡ ~ Q.,~ ~ 0'" 40} ... = = -= ~~ ¿;&::í.:'¡¡:; r-. ~~ .. .... := ~"O 1>1) OC OC ::I ...... 0 E-< == .., .., -= "0 ... == 01 .., 0 .., ...... ø 01 ... ¡¡,;, .. 0 .... .... ::I = ::g .. ~ ... ;:J '" ~ S 0 .. ::g ;:JE-< ::=. .... == '" ::=. ...... ::I 0 ~...... \Q 0 ...... 0 ~ M '" 0-, ::I r,.¡::g r-. "0 -( .... N M ...... ...... .., """ .. ~ ::g ..¡ IrJ ::I '" ..Q .B § » '" '" ~ '" 1:10 1:10 -0 1:10 01 01 .. 01 e -0 e .. e .. .~ ...... .. ...... .. ...... 01 0 01 U 01 == ... == ~ == ...: 10. ...: ...: '" .. ê' .. þ .. E-< ;> .. ë '§ ¡; 0 -< z ... ~ U ... r,.¡ =- ,-.. =- .. =- I =- - =- '" =- .... ::g 01 - 01 § 01 .... ~ == .. == == ~ 01 ~ 01 -0 01 '" '" '" ,..;¡ ...... - .. ;:J E-< ...... ...... .~ þ .. .. .~ ~ 0' '" ~ '" 0 '" == == ... == ~ ::I N Û ::I 10. ::I 0 N 0 ê' 0 u § .. U U !:II: ;9 ~ ¡.¡ Þ » Þ Þ := .~ - ~ .. ,-.. .~ U N - U - U E-< .;; . ¡:: .;; - .;; 0 ¡:Q .. .. .... N 8 .... .... ~ == == ~ == .. - » .. .. e . '" e E-< e '" o 10. E-< .. -..c:: .. ~ t ... ... '" Z .. \Ôgj .. .. ::I ::I N ::I ¡.¡ 0" '" U 0" '" 0" ::g t ..... .. .. t :€ 0 ... .~ - ~ IrJ .. - ê \Q .. :=: l' .. 1>1) .~ 1>1) .~ 1>1) .. == U .. == ¡¡ .. == 0 1>1).. æ.s 1>1)'. 1>1).. !:II: 01"0 01"0 µ.. 01"0 .... .. ... .. .... .. ... .... .. ~ '" .. <8;9 '" .. .s '" .. ... '" ... '" ... '" c:> .. '" ¡:: c:> .. '" c:> .. ...... == .. êi .~ == .. êi == .. o .... _-0 o .... c:> .... .. 0 p... .. .. c:> í5: .~ 0 ... == .... == .... == .... .::: .!!,-.. = .!!-. ...... -. ¡:: .. =-'" =-'" =-'" e~ .. U e~ .. e~ 8 .. 8 ... c:>~ ~þ c:>~ .. c:>~ "'r,.¡ "'r,.¡ .. "'r,.¡ ~..c:: 8 '§ ==..Q 0 ==..Q c:> .... ... » o .... CI.~ S'ß 10.- 1:Io.~ 8 .~ =- .. ;:J ~ ...... '" ;:J ~ ......u ;:J ~ . ~ E-< r,.¡ 0 Z " !:II: ¡.¡ -( \Q r- ~ ::g E-< (2. '" ...... .; '" " <;: <a ~ - -^ .. ......... = 1-1 C!)..... ~ :g~ ~ E-< '" ~ .~ b ca ;9"'~" d '¿'SC!) iZ lj..8 -0 ¡¡ 8 g. êi ~ ~ ~ ~ "S''' ~ ~ .~ .$S .~ ~] ~ e (1) ~ '.g ;.:::= 8 ë E ::J ~ 8 ~ 080 -0 µ'¡Q,U .. § ~ ~ 8 8 1;--0 10. .~ ~.. ê' ~-o~ ~ 8 g.:!J µ.. .B ~.~ g: ~ ~ .§ J3 c.E-C!) .ß ~ 10. .5 ~ ~.5 13 Jj êi:9 .5 en ;.-.-....... .s '.¡:j ",::I ¡:: '" ~ ~ 0 tr.I ~ c:j u ] ~ 5 en ....~..d ~ ~ U ~ ..8 8 's'::J .. '" 8 0 ,13 ~~~ a< ..80 8 ~ (1) 4-4 S 1-1 ... 0 8 ~ 'S ==.~ +:J O"".g ~ ..; 0 ~ õ e V1 ~ :æ2..ol3~ t:i ~ en 1-1 oS-o!3§- -ou~8", ~-o~o- 5§£~g ~ 0013~.g "-=......s:: ,,!:?.... § U '" - g .",- <E '" -"'.~ .. ¡:: 8 ~ .8 ..0..... Q) ,,- _µ.....'O::J - ... "'.. '"" CI:S t.8 en Ol)~ ~ -'"'2;:! µ.¡ tr.I 5 =:s ~ § "'5 5 -¡¡¡ ¡¡¡ 8 8 .. 'u 8·~ ~~I~~ S'lj 0 S'~ ...... E-< U.~..c:: ____ ____ ____ E- - N '" '-' '-' '-' * ::;: "- N ~ ~ N ~ '" '" ~ ~ u 8 :i " i ~ "' ~ ~ OJ ~ i o :; '" Legend ~ ExastingRai! )!r' Proposed Rail ~EJr.isUDgBUS cr-B", I Q] ~ tJ Park.-and-RidclR.ail Station Rail SUtUon "'ò ,"' . . ¡; . . w "'Ò 9fI$4t'f/ø\et , I I I I I ...... ...... ...... "", , , \ , \ ~ ~---- ...... Car¡¿o..., " ." \ ~ Sweetwater Reservoir Pan-ilßd-Ride Transfer Facilny 'PIOC'~ ~ "- §. ." ~ Upper Olay ReservOir . I ~ ",ò ( I ....~ la....¡:,1¡, "..!'I I ~@ç,~'/":{ I ! ,. \" ) I , "4"- ,/ L~" , 1 , ,,""Í)'r ~... \ øf1'7 j " I.....¡ J v\~"b"'¡-r- ~ ..~v _ <0 "'i "'JÞ ~ \ \ I ~ 'ål'^ Oo'oZ ..'0" I' \ I I ," ,,' =->-¡ ,,/ ,," , \ ,25/ I " " \ \....".y, \ \ (-;\, t: \ \ 0,,' ,. \ \,," \ \ \ ---- ~ )' \ \ I; " ,,,,&Þ '?11 18 , , \ ~ I ...q(....., *' t § \ t, I * \,\ I t# I ,,'+- \ ""..... # _____ / ,,0 .), \ -----_1 " \Ç, .... r-__ "\<- ~ \ Of~""___,,' ,~ " \ Va/ley Rcao. '''' ~ , \ "~O' \ \ ... \ \ , \ , , I I @J ~~ ", "0 . Sourtt: C'I~ 01 ['hula VISI~ "-iurlh m L...,j ...,~~ "u .......___.,~ ......u......... 13 Regional Transportation Improvements Public Facilities Finance Plan O...Si13o'9!i F"~-~~ITral\lØOfl_ompro,r~s Exh;bil N:.L !¡) -..-.. ..-..-..-..-.-- 0 -··-··~·-·~L.._...._.. .~~ i: : -" -- ~./ I /' '. 1 /': : .' -, -/ I / .... . ".. o'-~.i i II I".. / """. ,} I., \ "_'1 § ~ ~ ~ --J! ~ ~.; ~~ ~ ]1 ~" b 25 ~ ;g <J:, 0> "" 1:; :: ... !ì ¡¡: ~ oS - ::: ~æ 1 ~ ~ r.:. 0> "" .!:- ~ 8;., .a>:; t'= ~§ o..c ""'" L .' 0' - ( ;::T- _ 'E ~<t;: ell-a... Eo.,U;... ell ~..c: > c.J (.) ~ ;:: c: c. ~ a:s E;::';, .- a:s g~- .- 0 - CJ:¡ E ~ o 0- ..... c.._ ( - c: 0_ a:s c.J ¡:~ a:s c.J E .~ .2!~ c: _ - 0.. "'... -0 ã~ ",0> O()~ '" " - '" ~~ 'E" . ä; ~ !!! ~ ~ ¡¡¡ 0; ;; \\ 0 a> ~ j "C E "E a> t- . 0 F ;:; .. 0 ~ " ~ -¡ ~) "i: " ä; ë: ~ a> " a> ~ " '" !!! E ë ë: II: m - ¡¡¡ " "2" w w - ~ þ ]! ãí a> ;;;: a> Þ "" <; 'ë "i: "i: êi; a> 0 >- a> ::> ::> "t: "t: .! ~ ~ E < < .. Õ E a> '" ~ >= 0. 0 0 E 0 .E ë èõ ü 0 "" "C ]! ë:. 0.. W ~ "' ¡¡; N ~ a> - êi; ~ '" .! " "t: ° ¡;¡ ¡;¡ ~ !!! !!! II: < II ~ ...J ...J :> 0.. t- m '" '" '! '! ~r · 0 ~¡. ~ln i I · 0 ~o* !.j · 0 lie · J:::t 0) I · 0 ~ I · 0 '/ý · ~ ./ YrlE Ql'Í OF c:::HlJU. VlSTA DISQ()SURE STATEM2" ,. ~ You ~rc rc::øin:d to fi1= 2 5:31=1 of Disdosurc of =-.aùJ own=hip or fi,.,~n'"'~¡ inI::~.:, payrn:¡¡:,::, or campaip QDln'bU1ÍD1!!, DD 2!I matt:::!; whÏdI wiD ~ disa:ti0l:2l)' 2::ÚOD DD Ih: pan of the City Co~ :?!anning CD"'''';«;n¡:, 211' ¡¡lJ other offi::aJ ~ T= ioDDWÍD: ÏDfOID:atiDD mIlS! ~ dis:::las:::!: , .~ Us: th= names Df aD p=:sollS b2ving" fiJw1ciaJ in= in the propc:ny wi¡j:::j¡ is the snbj= of the 2??ii:;¡tiOD or the ~.... c..&-, ow=. appli",nl, N'm=Mnr. sub==r, malcriaJ suppli:. Villaoe Developmen~ - - 'The Dtay 2nch, L.P. 2. Ifzuy~;.; ,,';fi-¡: 1'............10 (!)abav:isa .....l'u..uiDtl orpann=hip,listth== DfaII indNilhlals DWtIÌtIg = tœn lQ1i, of 1b: shares in Ih: CIIJIOI31ian or DWDÏI1g any paI"'-;'~ ÎI1= in Ih: paIU1=!rip. ':ames p_ 3ëlèyin tlireë E. 3alèyin - 1fzuy pc:c;oII. iIi ","-,.,. pm "....110 (1) abov:: is JlDJl-pnmt U'J;~";"';"" or a 1t1ISt, l;snhc = Df=ypczatl ='rill: as œ--... ofthc"~ "'J;~"; ,.riM> or as == or -m.y or ~ DfIh: = . .1>./1-, "- Ezv=yœ bad mœ: 1hæ1 S25D wanh afbDSÌDCSs tr.mo....... with :my -1--of thC Oty m1!, Baams:, r""",,;..,;n,¡<. rnftnnin_. ZD1I CDImciI within Ih: past twc!vc mnnlj,c? Ycs_ No"" 1fy.s. pi::zs: mñ¡",...1""""""'('): S. P1= id=tify :a::j¡ ZD1I every pc=¡:, including any ag::tllS, employ=., c:msuJtaJ 1S, or ind=pcndc:nl :::>D== who )'011 !Izvc 2SSÏ8J=!m ¡cprcscm )'011 bcfor: th: City in this _""'! Kim John Kilkenny Ranie EÙLte= ::i~bet Came=:;,n James Bal::-.in ~ent Aòez; Þ.lfred Bal::_'in £. F.zv:!DU aDd/or !I'1I' Dffi= or ag::n1S, in the a~t=, =t!Ïbutcd more than S1.!XXJ 10 a Councilin:::nbcr in the c= or pr=ding cl=iau pc:rie<:7 Yes_ No2 IIy::s, =1: whià1 CoUDM1m-n\c:r(s): Date: ':a..""1uary 1~, . . . (NO'IE: A1tadI """..........1 ~. . 1997 .. /" I S'¡pa! ÍÍf of amuaaar/app!irallt . , ~ Kim John Ki1ke~y, Vice ?~esiëent /5 hint or type = of c:JDtnaoriap?iiaDt "1'..-¡"i"'""===-Anr· -~. 'L- .. _~_'~~''--_' ... . _.::__ -. ,-.cu .~~œr- .'Jl1"f1~ ..,~~..t'-'--.-"'-~A-r--..CI:r.aIC,~~."':...--..... Ihi:IInIl anyt:åc-aIIIIIIJ", ~1InLa:aø::Pf_ ån-mami..--i:ac:iirr a:r;t"'" r- "'-...._......~-=~_, _.:....r_..:_-_ _ __. __ _ "__._~___,_ ~ .-"" CITY OF CHULA 'v1STA DISCLOSli1Œ STA1"L\12Iï '! au are ~ to n» . s".,,-'-'" en' DÎ5CicHJure oi cenam ownersniD or iinaDcw inœn::su. paVJllClØta. or r'" .::am:ri:uDDœ 011 ail ~ wàich wúl ~ cii&creaœJarY aa:wn on me 'put or the City C.)uncli..· pianmng Co aDti all 0Iher official~. The foiiDwm¥ miormauon moot be ciisciOH<i: .~ .'nn.. 1. U. ÙIe ~ GÍ.n pA-- DaviDg a:ii:DaDcW.iDI;.eraK m the ~u,-..1Y ~.is die suDjea of ÙJð ·W~~nnn orÙler .e.g.,. 01IVIa'.. n" C·..·u --.:n. ... _rwr maanai ~& IISC. ~rM~~-;~ n~~v ?~~r~ _. Ifaay,---? ~..n~""" to (1) aixrve.. WUI.!-,& I rift or ~I ...~..lisrme1JmlM ofall~.. "-.1. 0WIIiDI- .-a. 10C¡¡; of the 0ÌIaIa in 1he -f"'& .. ~ or 0WIIIIII1IIIY ¡-tuwØÍIiI> iDrezst in the t- NcMil:" ~ ComDan-é S"= - - r ......w (50%) ~e~ced ?~r~ne~~ -:~i~ec ?ar~:"le:"'~!liD .-=.'ì"\ ~.. .. Ifaa)' .---? . . MII'VÌ:I:II-~ .;: i I . to (1)..... 10 a.........,"¡t -w . ~ or a møt. Jilt !be -- of 'II1J'f J8II'I1 of1be~~ .....6 ¡",... or_ t:r1IIIMI or ~t":Í.ry orU'lJ8Dr aftbe ttDBt.. 4. Jiaw yaa W _ .-a. $250 ......m of 1 I. wiIh my ..- .i_. of the City -«. 11 (" ~ (" ft_ md COUIICil wilbin1he" IUI twelYe1llClllil5? Y,,"-:-IoL If)'... piøue;' " ~ "'"*r- l. . --- " PleaeidløiY....ad fNCC'J-pc:nœ.. ~".m,,,,,,, ~. CDllF"ttllftfl:. or 1n.J~"! -'..4IIIW C·-"· you haw . _ ri to ¡~ - you beiore tbe City in tbÍI !IIIDr. ''''-wDo '..........-.::4 - ~'.ü:uv;::m;:::; <r"'-;.:.i 1 Rr~''''-=ri 30D :,~et:c:Jer :<~rr; ;.::..:.~~'"C:. G2..,......~....:. 'i"'"lr"; 6, Have yaa.,.¡jar: your officers or agaø. m ÙIe agrepI". coa<ribuœd mo~ !ban S1.000 to a cOUIICil .. in 1he cøaøa or ........diDC elecDDa ~? Yea-- No- If yeo. ate wiIici1 cOUllCil· .. (I): . a a (NOTE: .~ ..a Dale: ~':i/::.::;,/~8, - . :-:''2.s:..:.en:. Com . _ of CQJJŒIICDI"{ Appücaø . Eusœ." defrMii as: ~!ny mtiivuWai. firm. Cl>-fKU1NniJ;P. ¡oinI vou,,'"'. IJSsoc;Jl1D/Jfl. ;ociai cblb. jrasemDl oT¥~ corporrm.on. t!$rDU. mar. recerver. ryntÜaJU. riris anti arty odI.er eDII1IZY. ary. or cDIItfIT!. czry ~. ¡jj:rm.cr. or œher poiizicai suixiivision. or any oriJer group or comi1inar1on o.cnng as a IIIUf.. ""liOME\ENGIIŒS-\lANDDEV\FORMSIDISCLDSE.FIlM (6 ITEM TITLE: /1 ß, c SUBMITTED BY: COUNCIL AGENDA STATEMENT Item J. J- Meeting Date 4/13/99 Resolution )9 r;¿ 7 Amending the FY 1998-99 Budget, increasing appropriations for the Planning and Building Department based on unanticipated developer reimbursements for consulting services for completion of the Park Master Plan, Greenbelt Master Plan, Park Financing Study, and Multiple Species Conservation Program Subarea Plan and Implementing Agreement; Resolution / q;j ,2 r Amending the FY 1998-99 Budget for the Planning and Building Department transfering funds for planning and environmental consulting services related to the University site; Resolution / <);.J.2 ( Waiving the City's formal bidding process, approving the agreement between the City of Chula Vista and PBR Consultants for the preparation of a City-wide Parks Master Plan, Greenbelt Master Plan and Parks Financing Study, and authorize Mayor to execute said agreement; Þ· J), Resolution J9 ~J 0 Waiving the City's formal bidding process, approving the agreement between the City of Chula Vista and MNA Consulting for consulting services for the completion and adoption of the City of Chula Vista MSCP Subarea Plan and Implementing Agreement, and authorizing the Mayor to execute said agreement. Director of Planning and Building ,1'ttJ! tv V City Manager 1" Ÿ'!. In order to provide for long-term plans and policies for Parks and Open Space to be used for new development projects it will be necessary to expedite the completion of the Parks Master Plan, Greenbelt Master Plan, Parks Financing Study and the City's Multiple Species Conservation Program (MSCP) Subarea Plan and Implementing Agreement. Therefore, Staff is requesting that Council waive the City's formal bidding process and authorize the hiring of consultants to complete these documents. REVIEWED BY: (4/5ths Vote: Yes,XNo_) A Request For Proposal (RFP) was prepared and an informal selection process administered for the Parks Master Plan, Greenbelt Master Plan and Parks Financing Study. In the case of the MSCP Subarea Plan, staff requested a proposal from McKinley Nielsen Associates for consulting services J,J/ Page 2, Item No.: Meeting Date: 4/13/99 necessary to complete the plan on an expedited basis; this firm was selected due to their familiarity with the City's planning issues and previous experience with MSCP and other related plans. In addition to approving these consultant contracts, staff is requesting that Council appropriate funding in the FY 1998-99 budget for this purpose. Staff is also requesting that the City Council approve a transfer of funds ITom salary and benefit savings to consulting services within the approved Planning and Building Department budget, to cover the costs of consulting services related to planning of the university site on Otay Ranch, at a total cost of $89,000. RECOMMENDATION: That the City Council approve: I. Resolution Amending the FY 1998-99 Budget, increasing appropriations for the Planning and Building Department based on unanticipated developer reimbursements for consulting services for completion of the Park Master Plan, Greenbelt Master Plan, Park Financing Study, and Multiple Species Conservation Program Subarea Plan and Implementing Agreement; 2. Resolution Amending the FY 1998-99 Budget for the Planning and Building Department transfering funds for planning and environmental consulting services related to the University site; 3. Resolution Waiving the City's formal bid process, approving the agreement between the City of Chula Vista and PBR Consultants for the preparation of a City-wide Parks Master Plan, Greenbelt Master Plan and Parks Financing Study, and authorize Mayor to execute said agreement; and 4. Resolution Waiving the City's formal bid process, approving the agreement between the City of Chula Vista and MNA Consulting for consulting services for the completion and adoption of the City of Chula Vista MSCP Subarea Plan and Implementing Agreement, and authorizing the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/ A DISCUSSION: The City of Chula Vista is presently experiencing a period of intense planning activity where as many as five individual master planned development projects are actively pursuing development entitlements and implementation. In 1989 the City updated its General Plan and established a number of broad policies that would guide development over the next 20-30 years. General Plan policies addressing park and recreation development and open space conservation call for the preparation of implementation plans in these areas. In order for the City to successfully implement .2 2. - ,,2, --_.-._-. -> ----_.._~~.__..__._-_._-_.^-_.__. Page 3, Item No.: Meeting Date: 4/13/99 the long-term plans and policies it will be necessary to prepare comprehensive master plans that address funding, design and implementation. If these implementation plans are not completed in a timely manner, park implementation efforts in new master planned developments will be delayed and, therefore, not keep pace with residential growth. Additionally, if open space conservation plans (MSCP) are not adopted, local authority to permit development could be stymied by the continued listing of endangered plant and animal species. Therefore, Staff is requesting that consulting services be procured to complete these important and time-sensitive implementation plans. Consulting assistance is being requested to complete the Parks Master Plan, Greenbelt Master Plan and Parks Financing Study as well as the City's MSCP Subarea Plan. Since these plans are essential for the City to move forward with General Plan implementation, the development community has been consulted and understands and supports the City efforts toward completing these plans in a timely manner. A fair-share funding approach is being recommended. PARKS MASTER PLAN. GREENBELT MASTER PLAN AND PARKS FINANCING STUDY Background In 1993, Council directed that the Parks, Recreation and Open Space Department, with assistance from the Planning Department, prepare a Park Implementation Plan (PIP). The PIP was to implement provisions of the City's General Plan Parks and Recreation Element which call for the preparation of a long-range (20-year) master plan to include programs for upgrading, expanding or replacing older facilities in western Chula Vista, and for the installation of facilities in newly developing areas in accordance with adopted standards. Due to competing priorities for Staff time, this plan has never been completed. Staffhas however, accomplished a number of tasks that will provide base information for the consultant's work program. A public opinion survey and needs analysis has been prepared for both west and east Chula Vista, an inventory of vacant land in western Chula Vista has been prepared, a detailed outline for expected content of the Parks Master Plan, draft issue papers covering policy issues and significant text describing existing park and open space conditions in the City has been prepared. Since 1993, the City has annexed 9,"500 acres of the Otay Ranch that will result in an increase in population of over SO,OOO people over the next 20-30 years, and has reorganized its Parks, Recreation and Open Space Department, shifting the lead for parks planning into the Advance Planning Unit of the Planning and Building Department. As a result of the current increase in development activity and the immediate need to establish long-term plans and policies for park implementation, Staff is requesting that Council approve the hiring of consulting assistance to complete a comprehensive City-wide Parks Master Plan and Parks Financing Study which will not only address historic parkland deficiencies within western Chula Vista, but also the provision of ;(;2 ~ :3 Page 4, Item No.: Meeting Date: 4/13/99 adequate park and recreation facilities in the growing master planned community areas of eastern Chula Vista. Additionally, Staff recognizes the need for master planning of the City's Greenbelt, as identified in the General Plan, and is requesting that the consultant preparing the Parks Master Plan also prepare a Greenbelt Master Plan for the proposed 27 -mile open space and trail system encircling the City. The immediate need for standards and policies to be adopted in conjunction with the Greenbelt Master Plan is paramount with at least four master planned communities containing significant segments of the Greenbelt open space and trail linkages. Additionally, planning decisions for the Bayshore Bikeway and trail linkages throughout the Sweetwater and Otay River Valleys should be guided by this Master Plan. Consultant Services Selection Process Waiving of the Formai Bidding Process The Planning and Building Department followed Municipal Code Section 2.56 in the selection process, with the exception of paragraph 2.56.070 of the Municipal Code related to the formal bidding process for consultant selection. Staff is recommending that Council make the following findings in waiving the requirements of the Municipal Code: I) It is necessary to expedite the completion of the Parks Master Plan to meet community needs in the new master planned developments, 2) there are limited firms with specialized expertise in preparing municipal park master plans that do not have a financial conflict of interest with at least one of the developers within the City that might be impacted by the findings of these policy documents, 3) it was impractical to conduct a formal bid process for consultant services as identified in paragraph 2.56.070, and 4) Staff contacted five professional planning/landscape architecture firms directly, of which four responded with proposals. In view of the specialized consulting services being requested, Staff has nevertheless conducted an informal bid process which included contacting five consultants with known experience in the preparation of municipal Park Master Plans and Greenbelt Master Plans, and who did not have existing business relationships with developers currently active in Chula Vista. A Request for Proposal (RFP) was prepared by Staff using examples of other such documents, and following discussions with administrative staff representing Administration, Public Works/Parks Operations, Library and Recreation Department, and the Planning and Building Department. A pre-submittal meeting was held to discuss the content of the RFP and to answer any questions. A City Selection Committee, comprised ofrepresentatives from Public Works/Parks Operations, Library/Recreation Services and the Planning and Building Department evaluated the proposals and fees, and invited four firms to make a presentation. The criteria the Selection Committee utilized was: I) experience in city-wide master park planning; 2) experience in trail and open space master planning; 3) the appropriateness and thoroughness of the scope of work; the time schedule for the project, and ability JJ. ~ i Page 5, Item No.: Meeting Date: 4/13/99 to adequately address the community's input; 4) the firm's technical and professional qualifications; and, 5) cost. The following are the results ofthe Selection Committee's analysis: I Rank I Firm I Proposed Fee I I 1 I PBR I $163,890 I I 2 I KTU&A I $79,690 I I 3 I WRT I $135,736 I I 4 I PDS West I $164,790 I After reviewing each Proposal and then conducting interviews with each of the proposing firms, PBR Consultants were selected as the most qualified firm. Three of the firms were relatively close on the fee and one of the firms was significantly below the others. However, the PBR's understanding of local issues, their recent experience in preparing similar master plans with similar physical issues (older west areas and newer eastern development), such as the City of Murrieta's recently adopted Parks Master Plan, and their prior experience in working with Park Needs Assessment information prepared by the same consultant that has conducted public opinion surveys and prepared draft [mdings for Chula Vista, made them the most desirable. The lowest cost proposal failed to meet the RFP requirements, was too reliant on City Staff support, and did not provide adequate expertise in the area of park financing. Scope of Work/Schedule The attached agreement for consultant services includes the scope of work as outlined in the RFP. Preparation of the City-wide Parks Master Plan has been established as the first priority with completion of the Gre~nbelt, Open Space, and Trails Master Plan scheduled to follow. The following are key components of the scope of work including expected completion dates for each phase. Phase I - Project Initiation/Data Collection & Evaluation/Programming - The consultant will collect and evaluate existing data; prepare base maps; review adequacy of existing demand analysis and park needs assessments. Both western and eastern Chula Vista will be analyzed. (Completion by June 1999) Phase 11 - Parks Development/Master Plan Concept - The consultant will assess existing demand analysis and park needs assessment for its adequacy, and then develop "facility need ratios" specific to the City for determining how many of each type of recreation facility are needed today and projected into the future. Existing surpluses and deficiencies offacilities will be analyzed and the .J2~S ------.--,---------. . Page 6, Item No.: Meeting Date: 4/13/99 degree of need used as one criterion to help establish priorities in developing the capital improvements plan. Special interest group needs will be viewed in the context of the entire spectrum of recreation needs. Existing parks, schools, and other public and quasi-public facilities will be examined for opportunities to renovate or expand to meet needs. A conceptual parks master plan will be developed for the entire City. (Completion by June 1999) Phase III - City-wide Parks Master Plan - The consultant, with input ITom Staff, will prepare a master plan which will include design and program elements developed in the previous tasks, a plan which will show proposed facilities development including enhancement of existing park sites, community open space, and sites to be acquired. Program goals and policies, based on input, will guide the City in the development of programs and services. An action plan will be prepared which will address: park standards and guidelines; recreation program ranking and priorities; facility enhancement and existing resource improvement; acquisition program/site inventory; facilities development and community open space; operations and maintenance; and, capital improvement program. (Completion by September 1999) Phase IV - Greenbelt, Open Space, and Trails Master Plan - The consultant, using evaluation criteria from prior phases will identify greenbelt open space opportunities and trail locations with feeder connections, widths, paving, construction materials, trail heads, and basic design concepts for an overall multi-use trails system. Specific guidelines for trial system construction will be developed including trail signage. Similar to the Parks Master Plan, an action plan will be prepared. (Completion by October 1999) Phase V - Parks Financing Study - The consultant will organize and describe cost categories relevant to acquisition, development, and revenue sources of the parks and recreation development plan. A detailed financing plan will be prepared which will examine costs to develop new parks and/or facilities, refurbish existing facilities as well as the maintenance and operations costs associated with such development. Current park and recreation funding resources will be examined and capital costs associated with acquiring and improving new and existing facilities and areas will be estimated to develop annual operating budget impact estimates. A phased capital improvements plan will be developed based on priorities identified in previous phases and community meetings, estimated project costs, and available funding resources. (Completion by October 1999) Phase VI - Plan Processing/Project Meetings/Community Outreach - Workshops will be held with area residents, recreational leagues, Parks and Recreation Commission, Youth Sports Council, Otay Valley Regional Park Citizen Advisory Committee, Planning Commission and City Council to gather input on the Draft Parks Master Plans. Developer and School Districts' input and review will be integrated into the master planning process. One general public workshop will be held to gather consensus on the Draft Greenbelt Master Plan. ~2-~ Page 7, Item No.: Meeting Date: 4/13/99 MULTIPLE SPECIES CONSERVATION PLAN (MSCP) SUBAREA PLAN Background In 1996, Council authorized Staff to forward a draft version of its MSCP Subarea Plan to the City of San Diego for inclusion into the Draft MSCP Environmental Impact Report/Environmental Impact Statement (EIR/EIS). Various policy options were contained in the Chula Vista's Draft MSCP Subarea Plan, the most important of which was the inclusion of a university site within the Salt Creek Canyon area of the Otay Ranch. The City's Subarea Plan is intended to implement policies outlined in the MSCP Framework Plan for the conservation of habitat for up to 85 threatened, endangered plant and animal species. Since that time staff has been actively pursuing the resolution of preserve design issues related to the siting for a university on Otay Ranch. Recent negotiations with the Wildlife Agencies give some indication that an acceptable solution to this issue may be attainable, thus enabling the completion of the Subarea Plan. Projects that could be impacted if the City does not make steady progress toward adoption of its Subarea Plan include the construction of Olympic Parkway, continued development of the Otay Ranch, development of the eastern portions of Rolling Hills Ranch, Eastlake Woods and Vistas and adoption of the Otay Valley Regional Park Concept Plan. Staff is requesting consultant assistance for the expedited completion of the City's MSCP Subarea Plan and other associated documentation. Consultant Services Selection Process With regard to the preparation of the MSCP Subarea Plan and Implementing Agreement, staff decided to negotiate directly with MNA Consulting for this project. Staff is recommending that Council make the following findings in waiving the requirements of the Municipal Code: I) The consultant demonstrates a unique understanding and experience linked to prior consulting work conducted by this firm for the City on issues related to the siting of a University on Otay Ranch, 2) the consultant's experience in dealing with habitat conservation planning in other jurisdictions led staff to this decision. Therefore, staff is recommending that the Council waive the formal bidding process outlined in Section 2.56.070 of the Municipal Code for selection of this firm, finding that because of the need for expedited completion of this plan, it would be impractical to conduct a formal bid process. Scope of Work The work program for completion of the MSCP Subarea Plan is broken down into two major phases: drafting of a revised subarea plan, and drafting of an implementing agreement and processing of the draft subarea plan and implementing agreement through the public hearing and approval process. 2.:2-7 Page 8, Item No.: Meeting Date: 4/13/99 In the first phase, the consultant will work with City staff to revise the previously completed draft MSCP subarea plan, to address issues which were previously unresolved, including the university site designation, as well as addressing any new issues which have been identified since the original draft was completed. Based on that work, a revised draft subarea plan will be prepared and submitted to the wildlife agencies for review and comment. In the second phase, the consultant will work with City staff to prepare an implementing agreement, which will set forth terms by which the wildlife agencies will grant the City the ability to issue development permits for areas which are not required to be preserved under the subarea plan. In addition, this phase includes public hearings and public review of the draft subarea plan and implementing agreement, and final action by the City Council on these items. The schedule for these activities is set forth in Exhibit B to the MNA Agreement. The schedule calls for adoption of the subarea plan in August, and adoption of the implementing agreement in September. Following local approval, there is a 3-6 month process for final review by the wildlife agencies, after which the City would be given permit authority. The cost for consulting services by McKinley Nielsen Associates for this project is $127,000, which includes a subcontract for biological services. In addition, staff is requesting that an additional $20,000 be appropriated for legal services related to review of the subarea plan, implementing agreement, and supporting environmental documentation by a contract environmental attorney. UNIVERSITY SITE STUDIES Over the past several months, City staff has been working with the wildlife agencies and various affected property owners to evaluate and negotiate a possible reconfiguration of the "university site" which is designated in the Otay Ranch General Development Plan. Issues related to the current configuration of this site have raised environmental concerns, and have delayed completion of the MSCP Subarea Plan. In order to address the issues related to the possible reconfiguration of the site, staff has hired planning and environmental consultants, including McKinley Nielsen Associates ($50,000) for general planning assistance; Ogden Environmental ($15,000) to conduct a biological analysis of a proposed alternative site configuration; and Dudek and Associates ($24,000) to conduct field biological surveys on tile site. The costs of these consulting services have been charged against the Planning Division consulting services account, funding for which was originally intended to be utilized for the Parks Master Plan and a Planning and Building Department Business Plan. Therefore, staff is requesting that $89,000 be transferred ITom salary and benefit savings in the Planning Division budget to consulting services to cover these unanticipated costs. c22-~ Page 9, Item No.: Meeting Date: 4/13/99 PROPOSED BUDGET AMENDMENT Staff is proposing to amend the FY1998-99 budget for the Planning and Building Department to appropriate $349,890 to cover the costs of the contracts referenced above. The contract for the Parks Master Plan, Greenbelt Master Plan and Parks Financing Study requires an appropriation of $113,890 ($163,890 for the contract with PBR less $50,000 which was previously appropriated for Park and Greenbelt Master Plan). The contract for the Multiple Species Conservation Plan (MSCP) Subarea Plan requires an appropriation of$127,000 for the contract with McKinley Nielsen Associates. An additional appropriation of $20,000 is requested for a contract environmental attorney to review the associated documentation of the plan. As noted above, a transfer of $89,000 of salary and benefit savings to consulting services is also being requested to cover previously authorized planning and environmental consulting services related to evaluation of the University site ($50,000 for McKinley Nielsen Associates, $15,000 for Ogden Environmental and $24,000 for Dudek and Associates Environmental). FISCAL IMP ACT: Staff is proposing that the cost for preparation of the Parks Master Plan, Greenbelt Master Plan and Parks Financing Study be shared between the City and new development, because the Parks Master Plan is not only intended to guide new park development but also identify opportunities and implementation strategies for existing areas of the City. City staff costs for the preparation of background material in support of the consultant's efforts and for meetings to address policy issues will constitute the City's contribution to the project. This is estimated to total approximately $49,000, which includes time spent to date preparing initial draft materiaL Remaining contributions, totaling $163,890 will come from new development through charges against existing and future development processing agreements with major developers. The cost of consulting services for the MSCP Subarea Plan and Implementing Agreement will also be covered by developers through existing and future project processing agreements. The costs for planning and environmental consulting services related to the university site are proposed to be covered by the General Fund. The overall allocation of consultant costs may be summarized as follows: Parks Master Plan MSCP University Site Total Developers $163,890 $147,000 City Total $163,890 $147,000 $89.000 $399,890 $310,890 $89.000 $89,000 .c:<;2 - 9 Page 10, Item No.: Meeting Date: 4/13/99 Based on this cost allocation methodology, the net impact on the General Fund of all the requests contained in this report will be $89,000. Attachments A. PBR Consultants' Professional Qualifications & Experience B. MNA Consulting Professional Qualifications & Experience (H:ISHAREDlPLANNINGIP ARKMSCPIPMPMSCP2.A 11) c1;l ~ /0 · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · . PBR PROFESIONAL QUALIFICATIONS & EXPERIENCE ATTACHMENT A PROFESSIONAL QUALIFICATIONS & ExPERIENCE PROJECT TEAM: PROFESSIONAL QUALIFICATIONS & EXPERIENCE The COIISlllUnt Team we have .c.....,hled for preparation of the City-wide Parks Master Plan, Greenbelt Trails and Open SpaceMaster Plan, andParksFinancing Study, includes consultingfirms and peISOIIIlel with extensive experience related to park and greenbelt planning and design, recreation pro!9a......iT\g. human services, and financial planning. Brief discussions of the firms assembled for the project followed by a brief description of key personnel assigned to the project are provided below. Expanded firm qualifications and resumes of key staff assigned to the project are provided thereafter. PBR (phmninglDesign, Project Management/Community Outreach) PBR's multi-discip1inary process for project planning, design and implementation represents the highest caliber master planning, landscape design, policy and team management expertise available. Having been underthe same ownership since its inception in 1970, PBRmaintains its corporate office in Irvine with additional offices in San Francisco and Hawaii. PBR is well respected for the firm's strategic pl.nn;ng approach and for designing projects that "get built" and represent market and financial success. PBR has been involved with preparation of numerous planning documents and development plans with direct similari1ies to the City ofChula Vista Parks and Greenbelt Master Plans. Related project experience includes master pl.nning. land use planning, urban design, recreational facility design and pl.nning. document preparation, and community outreach program development for projects such as: the master planned community of Rancho Santa Margarita; the Bolsa Chica Regional Park General Development PlanlResource Management Plan; the Prima Deshecha Regional Park and Refuse Disposal Site General Development Plan in Orange County, California; the master pian for Rancho San Benito on California's central coast; the Irvine Park Renovation Plan for Orange County; the design of a concept pian for Village 14 (Westpark) in Irvine that incorporated substantial recreational amenities and trailIinkages; the 5,000-acre Coto de Caza planned community that served as a host for site for the 1984 Olympics-Modem Pentathlon events; the Mission Valley/San Diego Chargers Stadium Area in San Diego; the 22,OOO-acre new town of Summerlin in Las Vegas; and various large scale recreational facilities including Anaheim Stadium (Edison Field) and Anaheim Arena (Arrowhead Pond) in Anaheim, and Euro Disney (Disneyland Paris) outside of Paris, France. PBR, as the "primary" consultant on the team, will serve as overall coordinator and m.n.ger of all team subconsultants. It is PBR's role to maintain work program progress, to monitor schedules and to assure a high quality, responsive product. PBR management controls the number and types of contract commitments made by the firm in order that each client and project receives the necessary personal attention to assure superior performance and product. PBR boasts a staff of highly trained professionals including planners, designers, and landscape architects, as well as graphic technicians and support staff Our entire project team is available and dedicated to working closely with City of Chula VISta representatives in order to produce timely and professional products. ChuJa VlSIa Parks and Greenbelt Master Plans and Parks Financing Study Proposal ).:2. ~ /¡ 21 - -.----.--,-, .-"'_._-_.,.._._-_..~-~ · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · t PROFESSIONAL QUALIFICATIONS & ExPERIENCE PURKISSo ROSE- RSI (Landscape Architecture/ParkDesignlCommunity Outreach) Purkiss Rose _ RSI Landscape Architecture, Recreation and Park Planning offers over 31 years expeñence in 19nit~ architecture, urban design, institutional and recreation planning and park design. The firm and its staff are dedicated to the effective development of active and leisure fàcilities and public improvements for institutional and government clients. The Purkiss Rose - RSI effort is complimented by the involvement of a higlùytalented staff. This team concept allows Purlåss Rose - RSI to maintain a personRli7.ei! approach to projects and to deal with each one in an efficient and economical manner. A hallmark of the firm is principal involvement throughout the planning and design process. The firm includes professionals with specialized training and experience in urban design, school and campus planning, public administration, recreation programming, irrigation master planning and landscape architecture. The approach ofPurlåss Rose - RSI to the planning process is characterized by a deep commitment to the environmental setting and a sincere desire to achieve a quality, working, educational and living environment. The firm has provided professional design services to over 125 cities, ten counties, the states of California and Washington, the Federal Government, college and corporate campuses and numerous recreation, park and school districts throughout California. The firm has completed construction plans for public facilities totaling in excess of $180 million. COMAN CONSULTING, 1Ne. (parks Demand AnalysisJParks Financing Study) With more than 35 years of experience, Cluistine Coman, Principal of Coman Consulting, Inc., has participated in numerous feasibility studies for mass spectator and recreation-oriented facilities, including stadiums, civic centers, convention/exhibition halls, OHV parks, theme parks, visitor centers and other public fàci1ities, involving recreational, cultural and entertainment events. She has also developed techniques used to detennine recreation needs for conversion into fàci1ity and land requirements as input to the preparation oflocal and regional park master plans. Another of her areas of specialization is the evaluation of financing techniques for recreation fàcilities as part of the development of implementation plans. In addition, Mrs. Coman has directed land use and fiscal impact studies for both municipal and private clients. She also has participated in and coordinated diversified projects for private clients, including highest and best land use studies, housing demand analyses, retail potential analyses and industry surveys. Her early consulting years were devoted to the development of retail site location models - a pioneering work in this field. Chula VlSfa Parks and Greenbelt Master Plans and Parks Financing Study Proposal ;2c2-- /,2 22 I I · · · · · · · · · · · · · · · · · · · · , , , , · · · " " " " .. .. · · " .. PROFESSIONAL QUALIFICATIONS & ExPERIENCE SUSAN M. JONES (Recreation Resource Management Consultant) Ms. Jones has worked on master plans for the cities of Diamond Bar and Murrieta. Currently she is wor1ång with Purkiss-Rose-RSI to complete a parks and recreation master pIan for the City of Orange. In addition, as an independent contractor, she is working on a variety of special projects with the City ofY orba Linda. Her professional work experience includes more than 25 years managing recreation resources, as well as recreation and hnman service programs. This experience included the City ofTustin' s Community Services Department where she managed the day to day operation, as well as worked as a staffliaison to City Council appointed committees that designed recreation facilities, studied community issues, and recommended solutions. During her tenure with Tustin, she served as project manager for a various recreation facilities including a senior center, gymnasium, and sports park that were developed using a variety offunding sources such as capital fund raising campaigns and grants. ChuIa Vista Parks and Greenbelt Master Plans and Parks Financing Study Proposå/ c2:2 ~ ~ 23 " ATTACHMENT B LAURIE J. McKINLEY BIOGRAPHY CURRENT EMPLOYMENT MNA Consultinl! Ms. McKinley is a founding partner ofMNA Consulting, a governmental and community relations consulting finn. Incorporated in January, 1993, MNA Consulting is an outgrowth of The McKinley Group, which was founded by Ms. McKinley in 1987. Since beginning her consulting practice, Ms. McKinley has worked with both public and private sector clients, providing policy and government affairs consulting services including local govemment reorganization studies, public agency representation, project planning and management, public facilities and finance analysis and community relations. La Cima Partnership Ms. McKinley is also an active partner in La Cima Partnership. A woman-owned business founded in 1989 to develop a mixed-used retail/office building in the heart of San Diego's "Uptown District," La Cima Partnership continues to own and operate the project and run an executive suites business on the premises. PROFESSIONAL HISTORY Prior to founding her consulting business, Ms. McKinley developed professional experience in both the public and private sector. Ms. McKinley's public roles included serving as the Executive Director for the San Diego Local Agency Fonnation Commission, a State-mandated local planning agency, and as Chief of Policy for the Mayor of the City of San Diego. Private sector experience included serving as Vice President of the A. Cal Rossi Company, a San Francisco based hotel development firm; Planning Director for Presley of San Diego, a residential development company; and as Senior Management Consultant for Deloitte Haskins and Sells Government Industry Division. COMMUNITY AND PROFESSIONAL INVOLVEMENT Ms. McKinley serves as a member of the Greater San Diego Chamber of Commerce Local Government Advisory Council and the San Diego Building Industry Association Legislative and Communications Committees. Very involved with the Girl Scouts of America, Ms. McKinley was a Girl Scout Troop leader for eight years and is on both the Women's Advisory Council and Speaker's Bureau for the San Diego-Imperial Girl Scout Council. Ms. McKinley has also served as the founding chair of the Westpark Community Association, on the City of San Diego Housing Trust Fund Task Force and on the 1987 Mayor's Blue Ribbon Task Force on Park Bonds. In 1982, Ms. McKinley was included in the publication "Who's Who Among San Diego Women." . EDUCATION Ms. McKinley received her Masters in Public Administration in 1977 from San Diego State University. In 1972, Ms. McKinley graduated Phi Beta Kappa with two Bachelor of Arts degrees from the University of California at Berkeley (German & Comparative Literature, and Theater Arts/Dance). .1;J~/H ... 421 c~-,__Suite 308--,--_Sa~l)¡e~",-Ca1iforn1a 92101j Tel 619.239.9877 . Fax, 619.239.98)8 RESUME LAURIE J. McKINLEY - PARTNER EDUCATION Masters in Public Administration, San Diego State University, 1977 Bachelor of Arts/Phi Beta Kappa, University of California at Berkeley, 1972 WORK HISTORY MNA Consulting Co-Founder/Owner The McKinley Group Founder/Owner Presley Development of San Diego Director of Planning Deloitte Haskins & Sells Senior Management Consultant, Government Industry Division City of San Diego Principal Assistant to the Mayor for Policy and Program Development The A. Cal Rossi Company, Ltd. Vice President, Planning and Government Relations San Diego Local Agency Formation Commission Executive Officer/Analyst San Diego County Integrated Planning Organization Planning Administrative Assistant Office of Senator John V. Tunney Intern! Analyst AFFILIATIONS AND OUTSIDE ACTIVITIES Director, The McKinley Associates, Inc. Member, Local Government Division Advisory Council, Greater San Diego Chamber of Commerce Member, San Diego Building Industry Association, Legislative Committee Member, Girl Scouts of America of San Diego and Imperial County, Advisory Committee Member, San Diego Women in Land Use Chair, Westpark Community Association Member, City of San Diego Housing Commission, Housing Trust Fund Task Force (1989) Member, Mayor Maureen O'Connor's Blue Ribbon Task Force of Park Bonds (1987) Who's Who Among San Diego Women (1982) cl;2~/3 RESOLUTION NO. )91J? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY1998-99 BUDGET, INCREASING APPROPRIATIONS FOR THE PLANNING AND BUILDING DEPARTMENT BASED ON UNANTICIPATED DEVELOPER REIMBURSEMENTS FOR CONSULTING SERVICES FOR COMPLETION OF THE PARK MASTER PLAN, GREENBELT MASTER PLAN, PARK FINANCING STUDY, AND MULTIPLE SPECIES CONSERV ATION PROGRAM SUBAREA PLAN AND IMPLEMENTING AGREEMENT. WHEREAS, in June, 1998, the City Council approved the budget for FY 1998-99, which included budget appropriations for Planning and Building Department; and WHEREAS, in September, 1998, the City Council approved an amendment to the 1998-99 Budget for Planning and Building Department including $50,000 for Park Planning and $75,000 for a Business Plan; and WHEREAS, intense planning activity includes as many as five master planned development projects actively pursuing development entitlements and implementations; and WHEREAS, in order for the City to successfully implement the City's long-term plans and policies, it is necessary to prepare comprehensive master plans that address funding, design and implementation of the City's General Plan as to parks and open space conservation; and WHEREAS, outside consulting services are requested for completion of the Park Master Plan, Greenbelt Master Plan, Park Financing Study and Multiple Species Conservation Program Subarea Plan and Implementation Agreement NOW, THEREFORE BE IT RESOL VED the City Council ofthe City ofChula Vista does hereby amend the 1998-99 Budget for Planning and Building Department by $260,890 to include $113,890 for the Parks Master Plan, Greenbelt Master Plan and Parks Financing Study; $127,000 for the Multiple Species Conservation Plan; and $20,000 for contract environmental legal services. Presented by Approved as to form by Robert A. Leiter Planning and Building Director ~::~- City Attorney 02J.A --/ RESOLUTION No.1 '9 1-/ )- g/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY1998-99 BUDGET FOR THE PLANNING AND BUILDING DEPARTMENT TRANSFERRING FUNDS FOR PLANNING AND ENVIRONMENTAL CONSULTING SERVICES RELATED TO THE UNIVERSITY SITE. WHEREAS, in June, 1998, the City Council approved the budget for FYI998-99, which included budget appropriations for Planning and Building Department; and WHEREAS, in September, 1998, the City Council approved an amendment to the FY1998-99 Budget for Planning and Building Department including $50,000 for consulting services for Park Planning and $75,000 for consulting services for a Business Plan; and WHEREAS, it has been necessary for the City to work with the California Department ofFish and Game and United States Fish and Wildlife Service ("Wildlife Agencies") to complete its Draft Multiple Species Conservation Plan ("MSCP") which includes defining an acceptable development site adjacent to the planned MSCP preserve open space for purposes oflocating a future university; and WHEREAS, it has been necessary for the City to work with affected property owners to define said University site; and WHEREAS, outside consulting services have been utilized to coordinate with the City, Wildlife Agencies and property owners to refine the development boundaries for a university site, and secure the acquisition of said site; and consuliting service funds designated for park planning and business plan preparation have been used for these university-related studies. NOW, THEREFORE BE IT RESOLVED that the City Council of the City ofChula Vista does hereby amend the FY1989-99 Budget for Planning and Building Department to transfer $89,000 of salary and benefits savings to planning and environmental consulting services for defining an acceptable University site. Presented by Approved as to form by ~~cr Jo . Kaheny, City Attorney Robert A Leiter, Director of Planning and Building H:\SHAREDlPLANN1NG\DUANE\UNIVBGT.RES) ))[1--/ -..-...-..---.~--'.--.-.----.--~.- RESOLUTION No.1-9 Y.J. 9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PBR CONSULTANTS FOR THE PREP ARA TION OF A CITY-WIDE PARKS MASTERPLAN, GREENBELT MASTERPLAN AND PARKS FINANCING STUDY, AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, policies contained within the Parks and Recreation Element of the City ofChula Vista General Plan call for the preparation of a parks master plan and greenbelt master plan that will guide the implementation of new and existing parks as well as a 27 -mile open space and trails system that will link the City's local parks; and WHEREAS, a parks financing study is proposed to adequately address necessary financing strategies for the implementation of resulting policies of the proposed Parks Master Plan; and WHEREAS, staffrecommends that the City Council waive the formal bidding process for the selection of consulting services, as defined in Section 2.56.070 of the Municipal Code, citing the following findings: 1) there is a necessity to expedite the completion of the Parks Master Plan to meet community needs in the new master planned developments, 2) there are limited firms with specialized expertise in preparing municipal park master plans that do not have a financial conflict of interest with at least one of the developers within the City that might be impacted by the findings of these policy documents, and 3) it is impractical to conduct a formal bid process for consultant services as identified in paragraph 2.56.070; and WHEREAS, in-lieu of conducting the above formal bid process, an informal bid process consistent with Section 2.56 of the Municipal Code, was conducted for the selection of a qualified consultant; and WHEREAS, staff prepared and issued a Request for Proposals (RFP) for the preparation of a City-wide Parks Master Plan, Greenbelt Master Plan and Parks Financing Study to at least five qualified consulting firms with experience in municipal parks, open space and trails master planning; and WHEREAS, a total of four qualified proposals were received and a selection process was conducted by staff appointed by the office of the City Manager; and WHEREAS, based on project related and comprehensive evaluation criteria and interview performance, the selection committee ranked the top firms as to resources and qualifications for the preparation of the Parks Master Plan, Greenbelt Master Plan and Parks Financing Study and selected PBR Consultants with its proposal for $163,890; and J2C-/ NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL does hereby waive the formal bid process for the selection of consulting services. BE IT FURTHER RESOLVED that the City Council hereby approves the Agreement between the City of Chula Vista and PBR Consultants for the preparation of a City-wide Parks Master Plan, Greenbelt Master Plan and Parks Financing Study, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter, Director of Planning and Building ~£~ John . Kaheny, City Attorn (H:ISHAREDIPLANNINGIDUANEIPMP AGRMT.RES) ;¿;¿L~ c2 Agreement between City of Chula Vista and PBR, a California Corporation For Planning Services and Consulting Assistance in Preparing a City-wide Parks Master Plan, Greenbelt Trails and Open Space Master Plan, and Parks Financing Study for the City of Chula Vista This agreement ("Agreement"), dated April 13,1999 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, City of Chula Vista, a municipal corporation, hereinafter referred to as "City"; and, Whereas, PBR, a California corporation, hereinafter referred to as "Consultant"; and, Whereas, City waives the formal bidding process for the selection of consulting services based on the following findings: 1) there is a necessity to expedite the completion of the Parks Master Plan to meet community needs in the new master planned developments, 2) there are limited firms with specialized expertise in preparing municipal park master plans that do not have a financial conflict of interest with at least one of the developers within the City that might be impacted by the findings of these policy documents, and 3) it is impractical to conduct a formal bid process for consultant services as identified in paragraph 2.56.070, 4) staff contacted five professional planning/landscape architecture firms directly, of which four responded with proposals; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. (End of Recitals. Next Page starts Obligatory Provisions.) h:\shared\planning\duane\pbr.agr April 13, 1999 Page 1 ~;¿ ê - } Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverab1es required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 2 cJ2 C- i E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Liability Insurance coverage in the attached Exhibit A, Paragraph 9. Insurance and Employer's amount set forth in the Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage") . Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consul tant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City h:\shared\planning\duane\pbr.agr April 13, 1999 Page 3 ;¿2ê-S- demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adj acent to the term, "Letter of Credi t ", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein h:\shared\planning\duane\pbr.agr April 13, 1999 Page 4 ;2-,J [--Þ contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 5 ~;2C- ? Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant h:\shared\planning\duane\pbr.agr April 13, 1999 Page 6 ~:J c- ~ will not term of interest acquire, obtain, or assume an economic interest during this Agreement which would constitute a conflict as prohibited by the Fair Political Practices Act. the of E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the h:\shared\planning\duane\pbr.agr April 13, 1999 Page 7 -2;2C-~ City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City! its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 8 .J2C-/O 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. Ci ty shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to rej ect or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 9 c12C-J/ 14, Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 10 02.2C-/2 C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] h:\shared\planning\duane\pbr.agr April 13, 1999 Page 11 .J2C-/J APR. -0&' qq\l'IIU\ OQ,5& PBR IRVINE TEL:949 261 2128 P 002 signature Page to Agreement between city of chu1a Vista and P8R, a California corporation For Planning services and consulting Assiøtance in preparing a City-wide Parks Master Plan, Greenbelt Trails and Open Space Master P1an, and Parks Financing study tor the city of ChulaVista IN WITNESS WHEREOF, city and Consultant have executed this Agreement thereby indicating that thsy have read and understood same, and indicate their full and complete consent to its terms: Dated: , 1999 city of Chula vista by: Shirley Horton, Mayor Attest: Beverly Authelet, city clerk Approved as to form: John M. Kahany, city Attorney Dated: PBR Exhibit List to Agreement (of) Exhibit A. Page 12.. ;L:2 C - 11 Exhibit A to Agreement between City of Chula Vista and PBR, a California Corporation 1. Effective Date of Agreement: April 13, 1999 2. City-Related Entity: (,f) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista () Other: 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, California 91910 4. Consultant: PBR, a California Corporation 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (,f) Corporation 6. P}ace of Business, Telephone and Fax Number of Consultant: ¡ PBR 7 Upper Newport Plaza Drive Newport Beach, California 92660 Voice Phone: (949) 261-8820 Fax Phone: (949) 261-2128 7. General Duties: PBR, as lead consultant for the City-wide Parks Master Plan, Greenbelt Trails and Open Space Master Plan, and Parks Financing Study project, will provide planning services and consulting assistance to the City of Chula Vista. PBR will be responsible for h:\shared\planning\duane\pbr.agr April 13, 1999 Page 13 c22C-J3 coordinating closely with subconsultants (i.e., Purkiss Rose-RSI; Coman Consulting, Inc.; and Susan M. Jones) to execute Consultant's assigned duties. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The detailed Scope of Work for the Chula Vista Master Plan, Greenbelt Trails and Open Space Master Plan, and Parks Financing Study project shall be as follows: (1) Phase 1 pro-iect Initiation/Data Collection & Evaluation/Proqramminq (a) Task 1.1 Budqet: 8750) pro-iect Initiation (Task 1.1 CONSULTANT shall review and confirm CITY goals and objectives and key issues with CITY staff. Key CITY staff contacts will also be confirmed. CONSULTANT shall refine the Scope of Work, confirm task assignments, and define individual team member responsibilities and products based on CITY comments and input. (b) Task 1.2 pro-iect Schedule Refinement (Task 1.2 Budqet: 8750) CONSULTANT shall delivery dates, and project deadlines. identify tasks, review periods, milestones, and major CONSULTANT shall coordinate with CITY to refine the project meeting schedule. (c) Task 1.3 Existinq Data Review. Collection & Evaluation (Task 1.3 Budqet: 88.400) CONSULTANT will review the status and character of the existing park and recreation facilities, greenbelts, and trails within Chula Vista with CITY staff. This task will involve review of available documentation including the telephone survey and resultant parks and recreation needs assessment survey; the inventory of physical needs at parks and recreation centers; the recreation facilities inventory; the current Draft Parks' Master Plan document; miscellaneous demographic information; and related plans, policies, programs, maps, and plans identified as relevant by CITY. CONSULTANT will review Chula h:\shared\planning\duane\pbr.agr April 13, 1999 Page 14 c1.2C-/t- Vista's Zoning Ordinance, General Plan, Park and Recreation Element, and master planning process. CONSULTANT will identify special interest groups, planning committees (e.g., Park & Recreation Commission), sports user groups (e.g., Youth Sports Council), etc., that will be involved in the planning process, as well as any special concerns that may affect development of the Parks and Greenbelt Master Plans. CONSULTANT will seek an understanding of CITY staff's perceptions regarding the community's recreational needs, community history, availability and scheduling of facilities, arrangements with any shared facilities, the relationship with the School Districts and other community agencies, irrevocable offers of dedication, private recreation, development, available land, current and future budgets, current financial strategy, and policy objectives. This will include examining private parks policies for appropriate sizes and potential park credit. CONSULTANT will research and request available plans and mapping information on all park sites that display existing conditions and improvements. Information on all proposed improvements and site master plans will be collected as part of this task. CONSULTANT will review the CITY's current to meet the Americans with Disabilities requirements and identify any deficiencies. plan Act CONSULTANT will examine the operational and maintenance policies for the current park system, as well as the management structure, organization, personnel and policies, planning, development, and operations of a comprehensive park system. This will include examining public park acceptance criteria, policies and timelines. (d) Task 1.4 $1.700) Base Mappinq (Task 1.4 Budqet: CONSULTANT shall prepare the necessary base map (s) for the project utilizing available base data from CITY. CONSULTANT will establish a format for all future Park and Greenbelt Master Plan exhibits to ensure continuity. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 15 c2.2ê-J? --"_.._._---_.__.,_._.._.,---_.._.~ .,.--.,--,.-.--..--...-.-..----.---'.- (e) Task 1.5 Proqram/Facilities Needs Assessment (Task 1.5 Budqet: $4,000) CONSULTANT will review the CITY's current inventory of physical needs, the appropriate policy papers and information from the random phone survey to evaluate what are potential programming and facility deficiencies for the community. CONSULTANT will prepare and distribute a survey form to a representative of each sports team active in the CITY and in particular to all members of the Youth Sports Council. Once these completed surveys are received, follow-up phone interviews will be conducted in order to verify information and solicit more qualitative input. The survey will gather information regarding number of teams, number of players, seasonality, number of games and practices held each season, field(s) utilized for games and practices, lighting availability, turnover rates, maintenance ratings and other pertinent information. CONSULTANT shall obtain input at meetings and workshops to help create priorities for new facilities and park improvements: (i) Workshops should consist of representatives of various groups providing community recreation as well as residents at large. This prioritization of needs resulting from these meetings and workshops also will provide valuable input for use in the Parks Financing Study (see Phase 5 in this Scope of Work) . (ii) CONSULTANT shall conduct up to six (6) interviews (to be determined with CITY input) with organized recreation leagues, School Districts recreation staff, seniors organizations, Youth Sports Council, and other special interest groups to determine their current and proj ected demand for such facilities as soccer fields, ball fields, tennis courts, basketball courts, meeting rooms, social facilities, etc. If CITY requests that Susan Jones conduct additional interviews (in excess of the six interviews budgeted in this proposal) , additional interviews will be conducted as a budget "extra" at a cost of $100 per interview. CONSULTANT will examine the need for larger recreational complexes to support softball, h:\shared\planning\duane\pbr.agr April 13, 1999 Page 16 02J-C-Jr baseball, soccer tournaments, picnicking, fishing, etc. The information obtained will be arrayed and evaluated in light of the survey-based input and appropriate adjustments will be made to these estimates, which will be used to obtain more qualitative input and to assist in prioritizing the needs defined above. CONSULTANT will conduct plan developers to determine are relative to the Parks Plans. meeting(s) with master what their conclusions and Greenbel t Master CONSULTANT will interview the Parks and Recreation Commission and appropriate CITY staff to verify some of the basic assumptions regarding the community's recreation needs, community history, availability and scheduling of facilities, relationships with other community agencies, budget and policies. Information regarding the existing facility inventory, turnover rates, utilization rates, etc., will be updated. Any additional information obtained will be integrated into the Needs Analysis. CONSULTANT will examine and, if directed by the CITY, update the population estimates and projections previously prepared for the Needs Analysis which has been completed. If School District projections are available by class level, they will be integrated into the analysis in order to provide more detail for projections of need for youth sports facilities. CONSULTANT will update and modify the Needs Analysis previously performed by the CITY to reflect additional input which is based on detailed interviews with sports teams and members of the Youth Sports Council, meetings and workshops conducted with the various Commissions and Committees, public workshops and information obtained from CITY staff. Revised "facility need ratios" will then be used to create projections of future demand by type of facility for both the eastern and western areas of Chula Vista. Where projected demographic shifts can be identified, the participation rates will be adjusted to reflect any related shifts in demand. The demand will be arrayed against the existing inventory of facilities (both CITY and School District facilities) and existing deficits identified. These facility needs will then be converted into h:\shared\planning\duane\pbr.agr April 13, 1999 Page 17 c2;¿ C- II estimates of the total acreage needed to support the parks, encompassing both active and passive areas, and projections of projections of both future facility and acreage needs will be prepared. (f) Task 1.6 Proqram Evaluation Budqet: $11.600) (Task 1.6 CONSULTANT will review CITY's inventory of existing recreation programs, services, and facilities offered by the CITY as well as those offered by other local nonprofit or commercial providers. CONSULTANT will tour existing parks, open space, and recreation facilities owned and/or operated by the CITY and other government entities and review current programming practices. The tour will include CONSULTANT and appropriate CITY staff and Park & Recreation Commission members. The review of programming practices will include, but not be limited to, CITY facilities, public school facilities, private facilities, and County recreation areas. CONSULTANT will supplement and add to the CITY's current inventory of existing park sites, recreational facilities, and schools additional opportunity sites. CONSULTANT will make an inventory of recreation facilities in the City and accessibility. private record CONSULTANT will review the community opportunities for the development of a comprehensive trail system which would be located within a greenbelt open space system. Chula Vista's natural resources issues will be evaluated and preservation of open space addressed, as it relates to the trail system. CONSULTANT will identify areas of need or program gaps to help plan and prioritize what types of recreation facilities are needed. CONSULTANT will identify existing goals and objectives, issues concerning special interest groups, and other special concerns related to program opportunities and constraints. CONSULTANT will unavailable recreation identify services available and and facilities. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 18 ;¿.1 c- 020 Any "gaps" in the recreation menu be addressed during the Master Analysis preparation. identified will Plan's Demand CONSULTANT will review and evaluate existing and planned greenbelts, recreation trails, and open space, including greenbelt open space linkages to existing and future parks, public facilities, and schools. County and neighboring cities will be consulted for possible greenbelt open space and trail linkages for inclusion into the Greenbelt Master Plan. CONSULTANT will review descriptions of recreational programs, services and use activities specifically related to parks and recreational resources within the CITY. Program development will be defined in terms of community need, physical space/facility requirements, location, operating requirements and cost. CONSULTANT shall provide draft goals and policies, based on community, developer and CITY input, that will guide in the development of programs and services. Work with the Parks and Recreation Commission and CITY staff to develop and refine the recommended goals and objectives for implementing programs. CONSULTANT will review and appropriate ratios and definitions of passive park facilities. establish active and (g) Task 1.7 $5.500) Demand Analvsis (Task 1.7 Budqet: CONSULTANT will utilize the City's current Parks and Recreation Needs Analysis for the western portion of Chula Vista to define demand in terms of participation in recreation activities by CITY residents and the number and type of facilities and programs required to meet these demands. After review of Needs Analysis prepared by Research Network, Inc. for eastern Chula Vista, CONSULTANT will complete a Demand Analysis, if agreed to in writing by the CITY. This Demand Analysis will be based on current information from interviews and telephone survey data. CONSULTANT will define the recreation patterns and resulting park facility usage of CITY residents in order to determine the needs for parks, h:\shared\planning\duane\pbr.agr April 13, 1999 Page 19 ell C- d.- / recreation facilities, and open space within Chula Vista. The telephone survey recently prepared by Research Network, Inc. for both the east and west sides of Chula Vista and the Needs Analysis completed for the western portion of the CITY will be important components of the Demand Analysis for recreation facility usage in the CITY. Several other sources of information, including consultant interviews, will be used to fully identify the needs and priorities for park and recreation facilities and programs in Chula Vista. (2) Phase 2 - Parks Development/Master plan Concept (a) Task 2.1 2.1 Budqet: Park and Facilitv Standards $3,750) (Task CONSULTANT will use the recently completed telephone survey and Needs Analysis regarding the level of participation in a comprehensive variety of recreation activities by the residents of Chula Vista as a starting point in the analysis. Using a statistical analysis technique which the Consultants have developed for similar studies done elsewhere, the participation rates will be converted into peak day demand estimates for each of the types of recreation activities. By applying design standards, which will be developed in conjunction with CITY staff, an estimate of the number of facilities of each type required to satisfy the current and proj ected demand will be determined. These relationships can be converted into facility standards or "facility need ratios" which relate specifically to the CITY. They will take the format of one facility required for every X thousand population and will be specific to different types of recreation facilities. These measures of facility need, will be used to determine how many of each type of facility (ball fields by type, soccer fields, tennis courts, picnic tables, meeting rooms, etc.) are required both currently and projected into the future as the population of Chula Vista increases. The facility standards based on the survey results will be compared to national standards and those developed elsewhere to test for reasonableness and applicability to conditions in Chula Vista. Adjustments will be made to the demand estimates, where appropriate. CONSULTANT will evaluate the demand estimates generated above in light of the current inventory of recreation facilities to identify surpluses and h:\shared\planning\duane\pbr.agr April 13, 1999 Page 20 ),)C-;22 deficiencies in the existing parks and recreation- related facilities to serve the population base as it exists now and with projections into the future for the CITY as a whole and by sub-area. The resultant acreage of park land required by type of park in order to accommodate these facilities will be determined by applying space standards to the facility needs. The degree of need will be used as one criteria to help establish priorities in developing the capital improvements plan. One of the primary advantages to this methodology for determining need is that it provides a quantitative, unbiased evaluation of the surpluses and deficits in the CITY's park and recreation facilities, both currently and in terms of future development. Thereby, special interest group needs are exhibited in a context of the entire spectrum of recreation needs and consensus is more readily obtained. CONSULTANT will determine current and proj ected facilities' needs wi thin the CITY as a whole using the Park and Facility Standards established above. These estimates and projections of facilities' needs will be used by CONSULTANTS to determine the amount and location of developed park land and facilities which will match the community's demand levels. CONSULTANT will complete recommendations for the character and design amenities of future parks. The degree of need will help to establish priorities in developing the capital improvements plan. Policies and guidelines for the design and layout of existing and future youth sport fields within CITY parks and both existing and future elementary, middle and high school field areas will be established. (b) Task 2.2 Enhancement/Expansion of Existinq Park Sites (Task 2.2 Budqet: $6,125) CONSULTANT shall develop recommendations for existing parks which discuss the facilities' existing conditions, corrections and renovation of each site. The written recommendations will also document any new additions to the existing park site which help to meet any deficits in the park system. The possibility of establishing additional opportunities within existing park and school sites will be evaluated. CONSULTANT will meet and confer work with CITY to determine general construction costs. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 21 02;2é-.);I (c) Task 2.3 Master Plan (Task Desion Development/Conceptual 2.3 Budqet: $9.875) CONSULTANT will prepare an exhibit of the Master Planned Communities within the CITY. This exhibit will be suitable for public presentations. CONSULTANT will develop a Conceptual Parks Master plan using information from Phase 1 and Tasks 2.1 -2.2, above. This plan will be plotted on the base map(s) prepared in Task 1.4 and will be divided into Western and Eastern Chula Vista Parks. This exhibit will be suitable for public presentations. CONSULTANT will prepare an Acquisition and Land Use Facilities Plan showing proposed facilities development including enhancement of existing park sites, community open space, and sites to be acquired. (3) Phase 3 - Citv-wide Parks Master Plan (a) Task 3.1 plan Document Prepare Screencheck Parks Master (Task 3.1 Budoet: $12.400) CONSULTANT shall prepare the Screencheck Parks Master Plan to incorporate the design and program elements developed in the previous tasks with detailed design and development criteria to ensure orderly implementation. The outline of the Parks Master Plan, as developed by CITY, will be used as a basis to start. Acquisition and Land Use Facilities Plan: CONSULTANT will prepare a final CITY-WIDE plan showing proposed facilities development including enhancement of existing park sites, community open space, and sites to be acquired. CONSULTANT will summarize the community's recreation program needs, and recommend solutions to fill gaps in human services programming to correct deficiencies. Develop program goals and policies, based on input, that will guide in the development of programs and services. CONSULTANT will finalize an action plan and prepared it for incorporation into the Parks Master Plan. The action plan shall contain the following essential elements: (i) Park standards and guidelines h:\shared\planning\duane\pbr.agr April 13, 1999 Page 22 ;¿;JC-J.t( (ii) Recreational program ranking and priorities (iii) Facility enhancement and existing resource improvement (iv) Acquisition program/site inventory (v) Facilities development (vi) Operations and maintenance (vii) Capital Improvement Program CONSULTANT will submit the Master Plan document to CITY comment. Screencheck Parks for review and (b) Task 3.2 Verification $1. 800) Final Research. Documentation and of Critical Facts (Task 3.2 Budqet: After public and agency review of the Screencheck Parks Master Plan, CONSULTANT will respond to comments with any necessary research, documentation and verification of critical facts. (c) Task 3.3 (Task 3.3 Budqet: Prepare Draft Parks Master Plan $6.350) CONSULTANT will revise the Screencheck Parks Master Plan document per CITY comments to create the Draft Parks Master Plan document. CONSULTANT will submit the Draft Parks Master Plan document to CITY for distribution to the Planning Commission and City Council. (d) Task 3.4 (Task 3.4 Budqet: Prepare Final Parks Master Plan $2,200) CONSULTANT will prepare the Final Parks Master Plan document based on input, comments, and approval of the draft submittals. The plan will be prepared under the direction of CITY staff. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 23 ~J-é-~Ç (4) Phase 4 - Greenbelt Trails and Open Space Master Plan (a) Task 4.1 System Desiqn Greenbelt, Trails and Open Space (Task 4.1 Budqet: $4,000) Based on evaluation criteria developed in phase 2 and on the demand analysis and the needs statement, CONSULTANT will identify greenbelt open space opportunities and trail locations with feeder connections, widths, paving, construction materials, trail heads, and basic design concepts for an overall multi-use trails system. Proposed linkages will be presented as a part of this study. CONSULTANT will establish specification guidelines for trail system construction will which will include trail signage. (b) Task 4.2 Screencheck Greenbelt Master Plan Document (Task 4.2 Budqet: $6,550) CONSULTANT will prepare the Greenbelt Trails and Open Space Master Plan (i.e., the "Greenbelt Master Plan") to incorporate the design and program elements developed in the previous tasks with detailed design and development criteria to ensure orderly implementation. The recreation facility and parks design recommendations/enhancements will be finalized by CONSULTANT based on input and approval of CITY staff. Greenbelt open space and trail systems will be reviewed to include trail locations, standardization of trail system materials, trail head locations, signage, access, implementation strategies, and priorities. CONSULTANT will finalize the action plan and prepared it for incorporation within the Greenbelt Master Plan and shall contain the following essential elements: (i) Greenbelt/trail standards and guidelines (ii) Recreational program ranking and priorities (iii) Facility enhancement and existing resource improvement (iv) Acquisition program/site inventory (v) Facilities development and community open space (conservation areas) (vi) Greenbelt Open Space/Trail System Element h:\shared\planning\duane\pbr.agr April 13, 1999 Page 24 J.2C-1? (vii) (viii) Operations and maintenance Capital Improvement Program CONSULTANT will Greenbel t Master Plan review and comment. submit the Screencheck document to CITY for their (c) Task 4.3 Verification (500) Final Research. Documentation and of Critical Facts (Task 4.3 Budqet: After public and agency review of the Screencheck Greenbelt Master Plan, CONSULTANT will respond to comments with any necessary research, documentation, and verification of critical facts. (d) Task 4.4 Draft Greenbelt Master Plan (Task 4.4 Budqet: $2.950) CONSULTANT will revise the Greenbelt Master Plan document per comments to create the Draft Greenbelt document. Screencheck CITY staff Master plan CONSULTANT shall submit the Draft Greenbelt Master Plan document to CITY for final review and distribution to the Planning Commission and City Council and appropriate agencies and groups. (e) Task 4.5 (Task 4.5 Budqet: Operations $1.500) and Manaqement Plan CONSULTANT will prepare an operations and management plan and policies for the recreational facilities/park system and greenbelt open space/trail system as a whole, based on information gained in the previous task. (f) Plan Task 4.6 Prepare Final Greenbelt Master (Task 4.6 Budqet: $1.500) CONSULTANT will prepare the Final Greenbelt Master plan document based on input, comments, and approval of the draft submittals. The plan will be prepared under the direction of CITY staff. (5) Phase 5 - Parks Financinq Studv (a) Task 5.1 Costinq and Fundinq Plan 5.1 Budqet: $1.550) (Task CONSULTANT will organize and describe cost categories relevant to acquisition, development, h:\shared\planning\duane\pbr.agr April 13, 1999 Page 25 .J;2ê -;2 ? ".--'--~..---'--~-~ and revenue sources, of the recreation development plan. As part of the plan, CONSULTANT will: (i) Consider facilities enhancement, retrofitting of existing facilities, and new development of existing facilities plan. (ii) Prepare recommendations for existing park sites and facilities making specific recommendations for new facilities or development. (iii) Determine priorities for development. (iv) Establish, as part of this study, implementation priorities. CONSULTANT shall prepare cost projections in current dollars for the recommended improvements schedule. The cost estimates will include: acquisition and capital improvements, programs, operations and maintenance, and management services. (b) Task 5.2 Costs/Financial Analvsis 5.2 Budqet: $1,000) (Task CONSULTANT will provide the basic information required to implement a detailed financing plan. Costs to develop new parks and/or facilities, refurbish existing facilities as well as the maintenance and operations costs associated with such development will be obtained and arrayed. Costs resulting from the correction of current deficiencies will be segregated from those necessitated by growth from new development and those which may be the result of increasing existing standards. This analysis will provide a matrix within which proposed funding vehicles can be evaluated and alternative strategies analyzed. CONSULTANT will provide an economic analysis that addresses the issue of funding requirements and alternatives for the recommended capital improvements and will also include the amount and timing of financial needs to cover both capital improvements and increases in operation and maintenance costs. The purpose of economic analysis in relationship to parks and recreation planning is essentially to define demand in terms of participation in recreation by the residents of Chula Vista and the number and type of facilities and programs required to meet these demands. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 26 ,)J- C - c2 fY' (c) Task 5. 3 Budqet: $1.500) Fundinq Analvsis (Task 5.3 CONSULTANT will identify and describe park and recreation funding resources which are currently utilized or proposed for the CITY as well as others which may be feasible for use by the CITY. This written assessment will evaluate the long-term viability of each alternative resource, including the assumptions made. The political, financial, administrative and legal feasibility of each funding resource or mechanism for each possible type of park or recreation program, area and facility will be assessed through discussions with CITY staff and other knowledgeable authorities. CONSULTANT will match alternative funding resources and capacities to specific capital improvements proposed for the comprehensive master plans. During the development of the Financing Study, Capital costs associated with acquiring and improving new and existing facilities and areas will be estimated as well as operations and maintenance costs to develop annual operating budget impact estimates. Funding alternatives which are legally, politically, and financially feasible for each project will be identified. This information will provide decision makers with the financial feasibility of each proposed project. CONSULTANT will develop a phased capital improvements plan based on: 1) priorities identified through the telephone survey and community meetings; 2) estimated project costs; and 3) available funding resources. (d) Task 5.4 Parks Financinq Studv Budqet: $2.200) (Task 5 _ 4 CONSULTANT will conduct interviews with CITY staff and in particular persons involved in Finance and Budgeting to determine the vehicles currently being used to finance both capital costs and ongoing operations and maintenance. Current budget documents and capital improvement plans will be analyzed. Discussions will explore the feasibility of introducing additional methods of financing and ways to alter existing practices and ordinances to bring them into line with the master plan. From this analysis, an exhaustive list of possible funding sources, both for capital expenditures as well as to cover increased maintenance costs will be prepared. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 27 )J-C-29 CONSULTANT will array the costs for all recommended parks, facilities and improvements by geographic area (west and east) and by whether the facility is needed to meet current demand or the need results from future growth. The list of funding sources will be arrayed against this matrix of need to display the sources applicable to each acquisition or improvement recommended in the master plan. Written recommendations will be made by the CONSULTANT as to the most desirable or the most promising alternatives for each use. Create a financing plan giving consideration to the priorities established in the preparation of the master plan as analyzed and evaluated in light of funding opportunities and which will satisfy the highest number of criteria. (6) Phase 6 plan Communitv Outreach Processinq/Prolect Meetinqs/ (a) Task 6.1 Budqet: $4,800) PrOlect Coordination (Task 6.1 CONSULTANT shall establish an appropriate method for conducting workshops and meetings with CITY; area residents, recreational leagues, Youth Sports Council, the Parks and Recreation Commission, the Otay Valley Regional Park Planning Committee, etc. CONSULTANT will provide management services to CITY. ongoing project (b) Task 6.2 Parks Master Plan Meetinqs and Interviews (Task 6.2 Budqet: $34,150) CONSULTANT will attend up to fourteen (14) meetings with CITY staff at CITY offices regarding the Parks Master Plan/Parks Financing Study. CONSULTANT will attend up to two (2) meetings with the Parks and Recreation Commission for the purposes of receiving data, guidance and input. CONSULTANT will participate in up to three (3) public workshops to gather general consensus on the Draft Parks Master Plan. The format of the workshops is variable and will be determined in consultation with City staff. CONSULTANT will conduct and facilitate public/community workshops h:\shared\planning\duane\pbr.agr April 13, 1999 Page 28 .1Jé-30 -_.__._-_.._~-_.__._._...,+-~-_....._-_.- to obtain input from the CITY department heads, City staff, Commissions, City Council, planning committees, sports groups, human services and the community and present background data gathered to date. The workshops will also serve as a method of communicating with the various public agencies and County agencies as well as special interest groups. The purpose of these workshops is to review, evaluate and provide a "reality check" on the research and analysis phase of the project, as well as of the progress made on the Parks and Greenbelts Master Plans. CONSULTANT will lead the community through a series of input sessions and present an overview of the Parks and Greenbelt Master Plans process. The results of the telephone survey of recreation needs will be presented to the community in the course of the workshop presentations and additional comments solicited. The outcome of these workshop sessions will provide important input to prioritization of future park and recreation development within the CITY. The community workshops should involve the citizens of Chula Vista, representatives from the Parks and Recreation Commission, the Youth Sports Council, the Otay Valley Regional Park Planning Committee, City staff, the Planning Commission, and City Council. CONSULTANT will represent project and coordinate with CITY staff regarding presentations to the Planning Commission and City Council. CONSULTANT will attend a total of two (2) Planning Commission and one (1) City Council hearing to review the Parks Master Plan and Parks Financing Study. (c) Task 6.3 (Task 6.3 Budqet: Greenbelt Master Plan Meetinqs S12,490) CONSULTANT will attend up to eight (8) meetings with CITY staff at CITY offices. CONSULTANT will participate in one (1) public workshop. The format of the workshop is variable and will be determined in consultation with CITY. CONSULTANT will conduct the workshop to gather general consensus on the Greenbel t Master Plan. The workshop will also serve as a method of communicating with the general public, various public and County agencies, and appropriate special interest groups. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 29 .12C~ 3 ( CONSULTANT will represent project and coordinate with CITY regarding presentations on the Greenbelt Master Plan to the Planning Commission and City Council. CONSULTANT will attend one (1) Planning Commission hearing and one (1) City Council hearing. Meetinq Attendance: The Consultant and their subconsultants have each budgeted to attend a maximum number of meetings during the planning process for the Chula Vista Parks and Greenbelt Trails Master Plans and the Parks Financing Study. The table below identifies the number and type of meetings that CONSULTANT will attend. Additional meetings requested by CITY will be invoiced on a Time and Materials basis according to the Hourly Rate Schedule in Section 11. C. of this Exhibit (i.e., Exhibit A). At the option of CITY, the CONSULTANT may state a fixed fee for additional meetings, subject to the anticipated scope, duration, type, and number of meetings. CONSULTANT CITY PARKS & COMMUNITY PUBLIC TOTAL FIRM STAFF RECREATION MEETINGS HEARINGS MEETINGS COMMISSION & WORKSHOPS MEETINGS Parks Master Plan Meetings, Workshops and Hearings PBR 14 2 3 3 22 Purkiss Rose 8 2 3 3 16 - RSI Coman 4 2 3 2 11 Consulting Susan Jones 2 2 3 1 8' Greenbelt Trails/Open Space Plan Mtgs. , Workshops and Hearings PBR 8 0 1 2 11 Purkiss Rose - 6 0 1 2 9 RSI Coman 0 0 0 0 0 Consulting Susan Jones 0 0 0 0 0 Parks Financing Study Meetings, Workshops and Hearings h:\shared\planning\duane\pbr.agr April 13, 1999 Page 30 c1;2 C-32 _._._.__.. ___....~.,____.._______·m_._ _____+ CONSULTANT CITY PARKS & COMMUNI TY PUBLIC TOTAL FIRM STAFF RECREATION MEETINGS HEARINGS MEETINGS COMMISSION & WORKSHOPS MEETINGS PBR included under purkiss Rose - included under Parks Master Plan meetings Parks RSI Master Plan total Coman Consulting Susan Jones 0 0 0 0 0 lproject meetings are in addition interviews. Additional interviews requested by CITY, will be conducted of $100 per interview. to six (6) programming (in excess of six), if by Susan Jones at a cost B. Date for Commencement of Consultant Services: (~) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: phase I Deliverables: (1) Deliverable No.1: City. (Due: May 1999) Base Map that depicts overall (2) Deliverable No.2: Demand Analvsis for the Eastern Portion of Chula Vista. This Demand Analysis will be based on current information from interviews and telephone survey data. (Due: May-June 1999) Phase II Deliverables: (3) Deliverable No.3: Master Planned Communities exhibit. This exhibit will depict the master planned communities in the City of Chula Vista. This exhibit will be suitable for public presentations. (Due: June 1999) (4 ) Deliverable No.4: Conceptual Parks Master Plan and supporting exhibits. This plan will be plotted on the h:\shared\planning\duane\pbr.agr April 13, 1999 Page 31 d-~ C~ J;J ._,..__..._"~----------,._- Base Map and will be divided into Western and Eastern Chula Vista Parks. This exhibit will be suitable for public presentations. (Due, June-July 1999) Phase III Deliverables: (5) Deliverable No.5, Acauisition & Land Use Facilities plan exhibit. This City-wide plan will show proposed facilities development, including enhancement of existing park sites, community open space, and sites to be acquired. (Due: July 1999) (6) Deliverable No.6, An Action Plan will be finalized and prepared for incorporation within the Parks Master Plan. (Due: July 1999) This written plan will contain the following essential elements: (a) Park standards & guidelines (b) Recreational Program ranking & priorities (c) Facility enhancement & existing resource improvement (d) Acquisition program/site inventory (e) Facilities development (f) Operations and Maintenance (g) Capital Improvement Program (7) Deliverable No.7: document that includes (Due: July 1999) Screencheck Parks Master Plan text and supporting exhibits. (8) Deliverable No.8: Draft Parks Master Plan document that includes text and supporting exhibits. (Due: August 1999) (9) that 1999) Deliverable No.9, Final Parks Master Plan document includes text and supporting exhibits. (September Phase IV Deliverables: (10) Deliverable No. 10: Master Plan exhibit. Greenbelt Trails & Open Space (Due: July-August 1999) (11) Deliverable No. 11: Greenbelt Trails & Open Space Master Plan document. (Due: August 1999) (12) Deliverable No. 12: The Action Plan will be finalized and prepared for incorporation within the Greenbelt Master Plan. (Due: August 1999) This shall contain the following essential elements: (a) Greenbelt trail standards & guidelines (b) Recreational Program ranking & priorities h:\shared\planning\duane\pbr.agr April 13, 1999 Page 32 d2é-31 (c) Facility enhancement & existing resource improvements (d) Acquisition program/inventory of existing greenbelts & trails (e) Facilities development (f) Greenbelt open space/trail system element (g) Operations & maintenance (h) Capital improvement program (13) Deliverable No. 13: Screencheck Greenbelt Master Plan document that includes text and supporting exhibits. (Due: August-September 1999) (14) Deliverable No. 14: Draft Greenbelt Master Plan document that includes text and supporting exhibits. (Due: September 1999) (15) Deliverable No. 15: Final Greenbelt Master Plan document (includes text and supporting exhibits). (Due: October 1999) (16) Deliverable No. 16: Operations & Manaqement Plan. (Due: October 1999) Phase V Deliverables: (17) Deliverable No. 17: Economic Analvsis. This analysis will address the issue of funding requirements and alternatives for the recommended capital improvements and will also include the amount and timing of financial needs to cover both capital improvements and increases in operation and maintenance costs. The purpose of the Economic Analysis in relationship to parks and recreation planning is essentially to define demand in terms of participation in recreation by the residents of Chula Vista and the number and type of facilities and programs required to meet these demands. (Due: July-August 1999) (18) Deliverable No. 18: Parks Financinq Studv. Capital costs associated with acquiring and improving new and existing facilities and areas will be estimated, as well as operations and maintenance costs, to develop annual operating budget impact estimates. The costs for all recommended parks, facilities, and improvements by geographic area (west and east) will be examined and arrayed by whether the facility is needed to meet current demand or the need results from future growth. In addition, funding alternatives which are legally, politically, and financially feasible for each project will be identified. A list of possible funding sources, both for capital expenditures, as well as to cover increased maintenance costs, will be prepared. This information will provide City decision makers with the h:\shared\planning\duane\pbr.agr April 13, 1999 Page 33 ~J-C/' 3S- -.-----,'-.-"'-. -.. - .._--,.,.,_....-_._.._,.~-_._._-- financial feasibility of each proposed project. August-September 1999) (Due: (19) Deliverable No. 19: Phased Capital Improvements Plan. This plan will be based on: 1) priorities identified through the telephone survey and community meetings; 2) estimated project costs; and 3) available funding resources. (September-October 1999) D. Date for completion of all Consultant services: On or before December 31, 1999, unless completion date of all Consultant services is extended subject to agreement between the Consultant and the City of Chula Vista. 9. Insurance Requirements*: (~) Statutory Worker's Compensation Insurance (~) Employer's Liability Insurance coverage: $1,000,000. (~) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions Insurance: None Required (included in Commercial General Liability coverage) . Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . *Note: PBR shall meet the requirements for all types of insurance, with the following exception: Exception: Due to the conceptual nature of planning work, as well as the work of PBR's financial and resource management subconsultants, PBR's firms do not anticipate any possible need to provide Errors and Omissions Insurance. Virtually all work products that PBR's firms prepare for this project will be passed on to a civil engineer, architect, or landscape architect for further review and refinement. In this instance, PBR's landscape architect, Purkiss Rose-RSI, possesses $2,000,000 of Errors and Omissions Insurance. 10. Materials Required to be Supplied by City to Consultant: A. and, Topographic Maps of entire City (both in hard copy form if available, in GIS format on disk) , B. Assessor Parcel Maps for the Entire City (both in hard copy form and in disk form), if available, C. Assessor Parcel Information, including parcel owner name, parcel tenant name, parcel size, assessed valuation, etc. (both in hard copy form and, if available, in disk form), h:\shared\planning\duane\pbr.agr April 13, 1999 Page 34 -1) (- J'þ D. Any and all proposed development plans (including associated documents) for Otay Ranch and Eastern Chula Vista, E. Random Telephone Survey conducted by Research Network Ltd. , F. Parks and Recreation Needs Assessment Survey prepared by Research Network, Ltd., G. Inventory of Physical Needs at Parks and Recreation Centers (if available), H. Draft policy issues papers formulating policies to be incorporated into the Parks Master Plan, I. Recreation Facilities Inventory (if available) J. Draft Parks' Master Plan document (both hard copy and, on disk in Microsoft Word format), K. Miscellaneous demographic information, including population, ethnicity, household type and existing land use distribution in the City of Chula Vista, L. City of Chula Vista General Plan and any updated Plan Elements, M. City of Chula Vista Zoning Ordinance, N. Park Land Development Ordinance, and O. City's current plan to meet American with Disabilities Act requirements. 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee () I. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be h:\shared\planning\duane\pbr.agr April 13, 1999 Page 35 02;¿(-3;; considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 36 JJ.é - J6 B. (.I) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Consultant shall submit to City monthly billing statements based on work performed during that time period. Percentages of completion for each work Task shall be identified with each monthly billing statement for project monitoring purposes. phase Fee for Said phase 1. Project Collection Programming Initiation/Data & Evaluation/- $32,700.001,2 2. Parks Development/Master Plan Concept 3. Citywide Parks Master Plan $19,750.002 $22,750.00' 4. Greenbelt Trails and Open Space Master Plan 5. Parks Financing Study $17.000.002 $ 6,250.002 $51,440.002 6. Plan Processing/Project Mtgs./Community Outreach Notes: 'If CITY desires to expand upon the already existing Needs Assessment/Telephone Survey, Susan Jones will conduct the Assessment/Survey for an additional $3,500 in Phase 1 of the Scope of Work. No additional survey work will be conducted without prior written authorization by the City to proceed. 'Professional labor fee only. Reimbursable costs will vary depending upon total number and type of documents/graphics prepared. However, reimbursable expenses are estimated at $14,000 total. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 37 ~2C~ 3; ...._---------~-~------~-----_. - The following table identifies Consultant fees by firm and phase: CONSULTANT PROJECT PHASE1 TEAM MEMBER 1 2 3 4 5 6 PBR $7,500 $10,750 $12,500 $10,000 $32,150 purkiss . $18,200 $9,000 $7,000 $7,000 $11,840 rose - rsi Coman $4,500 $750 $6,250 $4,950 Consulting Inc. Susan M. $2,500' $2,500 $2,500 Jones TOTALS $32,700 $19,750 $22,750 $17,000 $6,250 $51,440 Notes: ¡Many tasks in Phases 1 - 6 will be performed concurrently. Budget estimates and fees may be applied throughout each phase so long as the total fee estimate is not exceeded. These are Professional Fees and do not include reimbursable expenses. ZIf CITY desires to expand upon the already existing Needs Assessment/Telephone Survey, Susan Jones will conduct the Assessment/Survey for an additional $3,500 in Phase 1 of the Scope of Work. Susan Jones' total fee for her Phase 1 work effort would then increase to $6,000. No additional survey work will be conducted without prior written authorization by the City to proceed. 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. I f the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim h:\shared\planning\duane\pbr.agr April 13, 1999 Page 38 c1;¿ C - ró payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The pract ice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. () Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: A. () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . B. ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 39 ;J;2 {' ~ r'"/ Rate Schedule Category of Employee of Consultant Hourly Rate PBR: Principal Director Senior Project Manager Project Planner/Designer Graphic Designer/Research Analyst Graphic Production/Word Processing/ Administrative/Clerical $150/hr. $125-135/hr. $90-l00/hr. $50-65/hr. $40-50/hr. $35-40/hr. PURKISS ROSE-RSI: Principal Project Manager Design Draftsperson Clerical and Word Processing Staff $llO/hr. $85/hr. $60/hr. $40/hr. COMAN CONSULTING, INC.: Principal Field Analyst Clerical $lOO/hr. $65/hr. $30/hr. SUSAN M. JONES: Principal $85/hr. (¿) Hourly rates may increase by 6% for services rendered after December 31, 1999, if delay in providing services in the opinion of the City's Director of Planning and Building is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () None, the compensation includes all costs. (¿) Reports, not to exceed $4,375.00: () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ (¿) Other Actual Identifiable Direct Costs: (¿) Copies, general correspondence, Cost or Rate $4,375.00 h:\shared\planning\duane\pbr.agr April 13, 1999 Page 40 ~;2 C---J(,2 postage, faxing costs, long distance telephone charges, travel/mileage, summary of interviews, not to exceed $3,810.00: (~) Mylars, sepias, blackline prints, photographs, color xeroxes & cruse prints, not to exceed $5,815.00: $3,810.00 $5.815.00 The Consultant and reimbursable compensation unused reimbursable amounts City staff approval: their subconsultants shall receive as follows, provided, however, that may be shifted between consultants with Firm Description of Estimated Reimbursable Expenses Estimated reimbursables expenses include: PBR - mylars, sepias, blackline prints, color xeroxes, etc. - 10 copies of Screencheck Parks Master Plan' - 29 copies of Draft Parks Master Plan, plus 1 unbound original' - 24 copies of Final Parks Master Plan, plus 1 unbound original' - 10 copies of Screencheck Greenbelt Master Plan' - 19 copies of Draft Greenbelt Master Plan, plus 1 unbound original' - 14 copies of Final Greenbelt Master Plan, plus 1 unbound original' - general correspondence, misc. photocopies, mailing costs, faxing costs, travel/mileage, etc. h:\shared\planning\duane\pbr.agr April 13, 1999 022{'- V' Estimated Costs $3,500 $350 $1,050 $875 $300 $600 $450 $2,110 ------ ------ $9,235 Page 41 Firm Description of Estimated Estimated Reimbursable Expenses Costs Purkiss Rose- Estimated reimbursab1es expenses RSI include: - mylars, sepias, blackline $2,315 prints, color xeroxes, etc. - general correspondence, misc. $700 photocopies, mailing costs, faxing costs, travel/mileage, etc. ------ ------ $3,015 Chris Coman Estimated reimbursable expenses Consulting include: - 10 copies of Economic Analysis3 $250 - 10 copies of Financing Plan3 $250 - 10 copies of Phased Capital $250 Improvements Plan3 - survey forms I general $500 correspondence, misc. photocopies, mailing costs, faxing costs, travel/mileage, etc. ------ ------ $1,250 Susan Jones Estimated reimbursable expenses include: - summary of interviews, general $500 correspondence, travel/mileage, mailing costs, etc. Total Estimated Reimbursable Expenses $14,000 Notes: 'Assumes estimated average reproducible costs of approximately $35 per Parks Master Plan document. 'Assumes estimated average reproducible costs of approximately $30 per Greenbelt Master Plan document. 'Assumes estimated average reproducible costs of approximately $25 a piece for each document. h:\shared\planning\duane\pbr.agr April 13, 1999 Page 42 c1.;¿c-~Y 13. Contract Administrators: City: Duane E. Bazzel, Principal Planner Public Services Building City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Consultant: Kenneth J. Ryan, Vice President PBR 7 Upper Newport Plaza Drive Newport Beach, California 92660 Voice Phone: (949) 261-8820 Fax Phone: (949) 261-2128 14. Liquidated Damages Rate: $ per day. Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (~) Not Applicable. Not an FPPC Filer. FPPC Filer Category No.1. Investments and sources of income. Category No.2. Interests in real property. Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No. sources of construction 4. Investments in business entities and income which engage in land development, or the acquisition or sale of real property. () Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's h:\shared\planning\duane\pbr.agr April 13, 1999 Page 43 ;2~ C ---J(ç department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. () Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: A. purkiss Rose-RSI B. Coman Consulting, Inc. C. Susan M. Jones 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (~) Monthly. Invoices based on the work and products completed to date will be mailed to the City monthly. The tasks completed, within each phase, percentage of each task completed, hours of labor, and hourly rates will be clearly specified so as to equate work complete with each milestone task budget and overall project schedule (see Paragraph 8 in this Exhibit A) . Quarterly Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (~) End of the Month ( ) Other: C. City's Account Number: 19. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: h:\shared\planning\duane\pbr.agr April 13, 1999 Page 44 cl.J c- fÞ Amount: $ II) Retention. If this space 1S checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: ~% (~) Retention Amount: $ 10,000 Retention Release Event: (~) Completion of All Consultant Services ( ) Other: h:\shared\planning\duane\pbr.agr April 13, 1999 Page 45 ;¿2C~tf? RESOLUTION No.if fI3 tJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS, APPROVING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA CONSULTING FOR CONSULTING SERVICES FOR THE COMPLETION AND ADOPTION OF THE CITY OF CHULA VISTA MSCP SUBAREA PLAN AND IMPLEMENTING AGREEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, in August 1996 the City of Chula Vista prepared and released a Draft Multiple Species Conservation Program ("MSCP") Subarea Plan for analysis in the MSCP Environmental Impact Report/Environmentallmpact Statement ("EIR/EIS") which proposed the conservation of up to 85 sensitive plant and animal species; and WHEREAS, since the release ofthe City's Draft MSCP Subarea Plan in 1996 the City has been working with the California Department ofFish and Game and United States Fish and WildlifeService ("Wildlife Agencies") to define an acceptable development site adjacent to the planned MSCP preserve open space for purposes oflocating a future university; and WHEREAS, the City is seeking consulting assistance in order to expedite the completion ofthe City's MSCP Subarea Plan; and WHEREAS, staff recommends that the City Council waive the formal biding process for the selection of consulting services, as defined in Section 2.56.070 of the Municipal Code, citing that it is impractical to conduct a formal bid process for the selection of consulting services where a unique understanding and expertise linked to prior consulting work on issues related to the siting ofa university on Otay Ranch and habitat conservation planning in other jurisdictions; and WHEREAS, MNA Consulting has been solicited as the primary consultant to assist City staff in the preparation and processing of the City's MSCP Subarea Plan and Implementation Agreement. NOW, THEREFORE BE IT RESOL VED THAT THE CITY COUNCIL does hereby waive the formal bidding process for the selection of consulting services. BE IT FURTHER RESOLVED that the City Council hereby approves the Agreement between the City ofChula Vista and MNA Consultants for consulting services for the completion and adoption of the City ofChula Vista MSCP Subarea Plan and Implementation Agreement, a copy of which shall be kept on file in the office of the City Clerk. c2;J j) - / BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized and directed to execute said Agreement on behalf of the City ofChula Vista. Presented by Approved as to form by Robert A. Leiter, Director of Planning and Building ~c~ John . aheny, City Attorney (H:\SHAREDlPLANNING\DUANE\MSCP AGMT.RES) J:Jy ~c2 Agreement between City of Chula vista and MNA Consulting for Consulting services Related to the Multiple Species Conservation Program (MSCP) Subarea Plan This Consulting Services Agreement ("Agreement"), dated April 13, 1999 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the city Council agrees to waive the formal bid process for the selection of consulting services, as defined in Section 2.56.070 of the Municipal Code, citing that it was impractical to conduct a formal bid process for the selection of consulting services where a unique understanding and expertise linked to prior consulting work on issues related to the siting of a university on Otay Ranch and habitat conservation planning in other jurisdictions; Whereas, Consultant shall assist the city in completing successful negotiations with the State and Federal wildlife Agencies on a Multiple Species Conservation Plan for the City; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to city within the time frames herein provided all in accordance with the h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 1 ~;2:Þ-3 terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 ~;J y- J-/ Page 2 Obligatory provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, city may require Consultant to perform additional consulting h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 3 )) "þ-S- ----------,-_._-~--,-~~.~-~_._._--_..__._._._._.~-_..._-- services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the city: Statutory Worker's Compensation Liability Insurance coverage in the attached Exhibit A, Paragraph 9. Insurance and Employer's amount set forth in the Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the city may otherwise carry ("Primary Coverage"), and which treats the employees of the city and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 4 d2'þ-t Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the city a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or city Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 5 ;l~J/- ? subparagraph entitled "Letter of Credit"), then Consultant shall provide to the city an irrevocable letter of credit callable by the city at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or city Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula vista Municipal Code. 2. Duties of the city A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 6 ;JJp-~ B. compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 7 c2:LP-¡ parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the city, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the city's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the city Clerk on the required statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 8 ,2;2þ ~ /0 C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the city Attorney of city if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 9 ;¿)))~J/ future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of city. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the city, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontrac- tors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall in- clude any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defend- ing against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 10 1J))- ) 2-. Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the city, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the city. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of city City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 11 ;2;J7)-)J The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. city hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of city, and none of them shall be entitled to any benefits to which city employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, city will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 12 ;¿J-j)- Jý 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the city in accordance with the procedures set forth in Chapter 1.34 of the Chula vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the city in the implementation of same. upon request by City, Consultant shall meet and confer in good faith with city for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgement against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent city Unless specifically authorized in writing shall have no authority to act as city's agent contractual agreements whatsoever. by City, Consultant to bind City to any h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 13 .1d p~ /-5 B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the state of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the united States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 14 .,.2;2 1.) ~ J f accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the city of Chula vista. [end of page. next page is signature page.] h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 15 ;2) p-)/ 04/08/1999 11:44 6192399878 MNA CONSULTING PAGE 02/02 Signature page to Agreement between City of Chula Vista and MNA Consulting .......---...- for Consulting Services Related to MSCP Subarea Plan IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: 19 City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: MNA CONSULTING Dba of McKinley Nielsen Associates, Inc. n, President Exhibit List to Agreement h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 16 :d-;L-b - I r¿ By: David C. Nielsen, President Exhibit List to Agreement (X) Exhibit A. Exhibit A to Agreement between City of Chula vista and MNA Consulting 1. Effective Date of Agreement: April 13. 1999 2. City-Related Entity: (X) City of Chula vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula vista, a () Other: ("City") 3. Place of Business for city: city of Chula vista, 276 Fourth Avenue, Chula vista, CA 91910 Consultant: h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 17 »p - 1/ MNA Consulting 5. Business Form of Consultant: ( Sole Proprietorship ( Partnership (X Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 427 "CO Street, Suite 308 San Diego, California 92101 Voice Phone (619) 239-9877 Fax Phone (619) 239-9878 7. General Duties: Consultant shall prepare a revised draft MSCP Subarea Plan and participate in negotiations with both property owners and the wildlife Agencies to resolve the final MSCP boundaries and related issues. Consultant shall coordinate the completion of an Implementing Agreement for the MSCP Subarea Plan. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Consultant shall provide policy advice and work with the City to achieve the city's objectives in developing an MSCP program that will be acceptable to both the city and to State and Federal agencies. Consultant shall represent the city in all negotiations with the California Department of Fish and Game and the U.S. Fish and wildlife Services. Consultant shall assist the city in reviewing planning options and developing both planning and negotiation strategies. Consultant shall prepare a revised draft Subarea Plan for review by the City and Agencies and shall work with the City to develop acceptance from the Agencies for the document. h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 18 2,Jp-).O Consultant shall coordinate processing of the final Subarea Plan through the City. Coordination shall include the following: Oversight for preparation of appropriate environmental review documents (to be prepared by City staff) ; Coordination with City staff and outside Counsel in preparation of appropriate and necessary environmental review documents; Coordination with City attorney and outside counsel in preparation of Implementing Agreement and negotiation with Wildlife Agencies; and Attendance at all City hearings. Consultant shall coordinate all work subconsultants listed in paragraph 17 below. provided by B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable NO.1: See Exhibit B for timeframe of deliverables Deliverable NO.2: Deliverable No.3: D. Date for completion of all Consultant services: October 31, 1999 9. Insurance Requirements: h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 19 ,);2]) ~ c1 / (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . 10. Materials Required to be Supplied by City to Consultant: City shall provide Consultant with a variety of background material pertaining to the MSCP processing, including the city's Draft MSCP Subarea Plan. 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, city shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee 1. Interim Monthly Advances. The city shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the city shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 20 02:J-])-c2l payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth . Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase l. $ 2 . $ 3 . $ 1. Interim Monthly Advances. The city shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 21 ),,;2 7) ~ JJ each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the city that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 22 ,).17/ ~.2 f herein required of Consultant for $127,000 including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( on Time ) Limitation without Further Authorization and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate Senior Partner Associate Research Assistant Administrative Assistant McKinley/Nielsen Morrison Alcantara Floridi $135 $ 85 $ 75 $ 65 Hourly rates may increase rendered after [month], 19 services is caused by city. by 6% for services , if delay in providing 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 23 02;2]) -.1S- ) Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ Other Actual Identifiable Direct Costs: not to exceed $ , not to exceed $ 13. Contract Administrators: City: Robert Leiter Planning Director 276 Fourth Avenue Chula vista, CA 91910 (619) 691-5101 Consultant: Laurie J. McKinley MNA Consulting 427 "C" street, Suite 308 San Diego, CA 92101 (619) 239-9877 (619) 239-9878/fax 14. Liquidated Damages Rate: $ per day. Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. h:\shared\planning\duane\mnacnt-l.agr April 13, 1999 Page 24 ;1;) j) ~~¡ ( FPPC Filer category NO.1. Investments and sources of income. Category No.2. Interests in real property. Category NO.3. Investments, property and sources of income regulatory, permit or licensing department. interest in real subject to the authority of the Category No. and sources development, sale of real 4. Investments in business entities of income which engage in land construction or the acquisition or property. Category NO.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the city of Chula vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category NO.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category NO.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ) Consultant is Real Estate Broker and/or Salesman h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 25 ~;2P~02? 17. Permitted Subconsultants: RMA Consulting 3215 Don Rolando Escondido, CA 92025 (760) 743-3156 (760) 741-3070/fax Dudek & Associates 605 Third Avenue Encinitas, CA 92024 (760) 942-5147 (760) 632-0164/fax 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X Monthly ( Quarterly ( Other: B. Day of the Period for submission of Consultant's Billing: ( First of the Month ( 15th Day of each Month (X End of the Month ( Other: C. City's Account Number: 19. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 26 ),J V~.J,g-- (X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the city determines that the Retention Release Event, listed below, has occurred: (X ( Retention Percentage: Retention Amount: $ 10 % Retention (X ( Release Event: Completion of All Other: Consultant Services h:\shared\planning\duane\mnacnt-1.agr April 13, 1999 Page 27 ;),) y ~:11 u ¿ c È) z l- I.) o D.. ¿ U) (! ::> ct -' ::> .., z ::> .., ~ ::E m I- m s: >< w .. o g !'. < "D C . e ° ~ "D c .s .. . '" c 'g U) ° !Z g I ¿ I '" ::E ~ C .11 :l1! - - u w Ii 1:ë !3 ~ J! ct ~-g ~!. ~ a: [ ~ ¿ ~ ° D.._~ o ~ ° a: ° - Q.O:~ cn~ ¿ J!! ~l ¿ "D ~ c ct . I ...J j! ¡: « g .!! CJ CD ~ o .? 2 -' ,g ¡ ffi~1 :I:;:> ..... ¿. ! I) o §.9 ~ :I: 8 ~! ~;;Õ~ " C J! f3 &:J ! ::»iõ!. U) õ~! CI):::IiEUD.. -M .ttf - ~ ~ CI o a: Q. ~ a: o 3: « I- UJ 5 :3 => :J: U -' C o ." . ~ g 'ô ~"D ~ Iii :: !ii ~ ~ "j .: i ... .2: :I 1õngo '&. CD ... aJ ::J~.s'fi ~ - . c- is J2 ~ . €...!! g E 1: :: & "g CD &. <I( . >- at Eo}: 1( (!) :S :I ø.. '" .!! °il!g»! -' ~ < :!. ïi! c- o II) ci CD ¡ ! m5m.à::::ED: .ocO",,:côcn rn ¿ ::> ~ I- Z ¿ ::E ¿ ~ ct z ct ::E - ~ ~ ~ Iii .? - .E t e c- ! :!. ! a.. t::I cn~ -~i UJ·cQl~ =» !!: 0 <I( U CI) ¡ ¡;¡"} x fI)"'!J VI.!! -: .; ~ os . U1i:s:äæ u)E"OZ~ !i 8 ¡¡¡ ::i D.. ~ci ;:~ . o ~ ~ ~ o . ! ,g I- I z ~ w ~ :;; . w ~ ¿ . a: ! ~ ,g « I C) 'õ z C ~ -< ~-< z;;<= WI!}: ~ :æ 'a It) Ie W ! g»! ...J ~¡: 0. Q,. CP CD ! :eâ:::En. -M":.n >............... :;; ::> c z ¿ c c ~ >- LL ~ ¿ I.) ¿ a: ~ 5= ¿ a: -' ct .s I- >- C z"o ¿ f¡ Ii :;; - e z·> oj) Iii a: ! ! 5=:!. :!. zoo wè:.à: . fti"": 5=-- )( )( )()()( )( C o '" ß c '" . ~ § 'B ~ o ~ C ° E ~ g "D .!!.- g.'Ë;'" "" C Q. -.;- ~ ~ c o 'õí P CII "ii ~ c ~ ..s::: .! ~ "0: C C . ~~~-[:5 .. 1> .E ~ o "" CD] ~ ~:I z ~ Ë æ ~ ~ «¡-go W"iicac:.. :z: . -;¡- -8 5 ~iH~ en II ! C E 5~'i88 'g c( Ie 'ii CD OJ ::J .J..2c: 8 :) [[§"ê >. :&: .. GI ¡¡ ~ :t::: UIt.à:o:::a.. () ....:cD~~~ ~ 5=j.2p.-Jé/ )( ~ J! C · ë: · ! · ~ ~ '" ~ I ~ . u . ~ ~ CITY COUNCIL AGENDA STATEMENT Item: o:¿0 Meeting Date: 4/13/99 SUBMITTED BY: RESOLUTION Ie¡ ¥3 / authorizing the City Engineer to process plans for the construction of Olympic Parkway rrom the eastern boundary of the Sunbow property to a point about one mile east of the proposed SR-125; Adopting the Environmental Initial Study and Mitigated Negative Declaration and findings of fact for the Olympic Parkway extension ,J Director of Planning and BUilding~' /(Y" City Manager (;<' Ç7i1-' (4/5ths Vote: Yes _ No X) ITEM TITLE: REVIEWED BY: This resolution will authorize the City Engineer to process the necessary plans for the extension of Olympic parkway east of the Sunbow project to approximately SR-125, through Poggi Canyon. The proposed road extension follows the alignment studied in the Kimley-Horn Feasibility Study, and as previously identified and addressed in environmental analysis prepared for planned development in the area. The extension would traverse the Sunbow, Otay Ranch and EastLake developments. In order to accommodate the runoff that currently runs through Poggi Canyon, as well as additional runoff rrom future development, the road extension plan includes an earthen channel with detention facilities, similar to the Telegraph Canyon Channel facilities. The design of the detention facilities and earthen channel for the extension of Olympic Parkway through Poggi Canyon includes mitigation for project-related impacts to wetland resources. In conjunction with this resolution, the Council is being asked to consider and adopt a proposed mitigated negative declaration and initial study for the project under the California Environmental Quality Act (CEQA). The proposed mitigated negative declaration is a tiered-document that reflects and incorporates previous environmental review prepared for the City's General Plan and the Otay Ranch, EastLake and Sunbow development projects. The proposed project addressed in the Mitigated Negative Declaration is consistent with and contemplated by the previous Environmental Impact Reports (EIRs) prepared and certified by the City for these projects. RECOMMENDATION: It is recommended that the City Council adopt the Resolution authorizing the City Engineer to proceed with processing plans for the construction of the Extension of Olympic Parkway; Find that mitigation measures imposed as conditions of approval for planned development on the Otay Ranch, Sunbow and EastLake properties in the vicinity 02</-/ ------------_.~._.._-_..__._--."---_.._-_.._._-_._--,... .-.--....--., Page 2, Item: Meeting Date: 4/13/99 of the proposed project will be undertaken; Consider the public and agency comments submitted to the City and responded to by City staff regarding the Mitigated Negative Declaration; and Exercise its independent judgement in adopting the Olympic Parkway Mitigated Negative Declaration and findings of fact and determine that the documents comply with CEQA. BOARD/COMMISSION RECOMMENDA nONS: Resource Conservation Commission At their March 29,1999 meeting, the Resource Conservation Commission (RCC) passed the following motion: A motion was made (Marquez/Burrascano) to not accept the mitigated negative declaration, as the document is inadequate for the following reasons: 1. Recent changes, specifically since 1991: a. Significant increase in wetlands acreage from approximately o.s to 7.91 acres b. Recent land swap and its impact on previously approved alignments 2. Inadequate mitigation for: a. Equality ofreplaced wetlands (altering natural stream flow) b. Animal movement not considered c. Numbers of cactus wren and gnatcatchers d. Golden eagle foraging e. Does not adequately address paleontological impacts. The motion was approved by a vote of 4-1-0 (Charles Bull voted no because the land swap has been approved by the Commission earlier and he does believe that the CEQA mechanism used for this document [Mitigated Negative Declaration] is adequate with clarification on the Commission's issue prior to action by the City CounciL Robert Fisher was absent). City staff does not agree that the Initial Study/Mitigated Negative Declaration is inadequate. The Mitigated Negative Declaration properly focuses on whether and the extent to which to proposed project may cause significant effects on the environment that were not adequately addressed in the previous EIRs that the City prepared and certified for planned development in the area. To that end, discussion in the Mitigated Negative Declaration is limited to environmental effects upon the environment that are peculiar to the project, effects which were not addressed in a sufficient level of detail in the previous EIRs, and effects which substantial new information shows will be more significant than described in the previous EIRs. Accordingly, and for the reasons set forth in detail in City staff s responses to all of the comments submitted, City staff believes substantial ",2-'1 - .2.. Page 3, Item: Meeting Date: 4/13/99 evidence establishes that the Mitigated Negative Declaration is not inadequate for the reasons identified by the RCC. DISCUSSION: Environmental Review: The mitigated negative declaration for this project is a "tiered document" according to the California Environmental Quality Act (CEQA). A tiered document is one that relies on previous environmental documentation. Issues already fully analyzed are not addressed again in a tiered document. A tiered document focuses on issues not previously addressed or changed circumstances that require further analysis. According to Public Resources Sections 21094 and 210833 it is appropriate to use a tiered document for this project. In the case of Olympic Parkway, the alignment through Poggi Canyon was first identified in the 1989 General Plan and ElK It has also been analyzed in the Otay Ranch General Development Plan (GDP) as well as the subsequent Otay Ranch ErRs for SPA One and SPA One West In addition to the Otay Ranch environmental documents, Olympic Parkway at this location has also been analyzed in the Sunbow EIR and the EastLake EIRs including the GDP and the Greens and Trails. The mitigated negative declaration/initial study contains a summary of previous analysis and mitigation measures identified in the previous documents for each issue area. In addition, the biology section of the document contains updated biological impact information including a new wetlands delineation. City staff prepared an updated biological analysis of impacts peculiar to the proposed project because new information showed the proposed project would result in more severe impacts on wetlands resources than previously disclosed in the previous EIRs. All impacts to biology have been mitigated to less than significant. As part of the design of the road a channel will be constructed to accommodate existing run-off as well as new run-off from future development adjacent to the road. The channel design includes a mitigation revegetation area. During the public review period for this document comments were received from: The Sierra Club The Audubon Society Endangered Habitat League Environmental Health Coalition California Native Plan Society ..2 <.f - 3 Page 4, Item: Meeting Date: 4/13/99 Although CEQA does not require preparation of formal responses to comments submitted on a proposed Mitigated Negative Declaration, City staff has prepared responses to each of the comments submitted on the Mitigated Negative Declaration to facilitate the City Council's obligation to consider such comments before taking formal action. All of the comments submitted to the City on the proposed Mitigated Negative Declaration, as well as staff s responses, are attached to this staff report. In addition, the Council is being asked to adopt findings for the Mitigated Negative Declaration. The City Council should be aware that CEQA does not require the preparation of findings for negative declarations. City staff prepared the proposed Findings of Fact in the present case in order to describe and clarify the disposition of all of the environmental issues associated with the proposed project and the Mitigated Negative Declaration, including the extent to which environmental effects were addressed in previous EIRs prepared and certified for planned development in the vicinity of the proj ect. Environmental Proiect Permits Required in Addition to CEOA Process In addition to the CEQA process being considered by the City Council this evening, other environmental clearances are also required. The permit process for projects that impact Wetlands or Waters of U.S. and/or alter streambed require additional clearances beyond the CEQA process. The additional environmental clearances for Olympic Parkway are currently in process. They are briefly described below: Section 404 Permit. Under Section 404 of the Clean Water Act, placement of dredged or fill material within Waters of the U.S. requires a permit issued by the U.S. Army Corps of Engineers. Section 401 Certification or Waiver. The Clean Water Act also requires the issuance of a state water quality certification or waiver under Section 401 to be issued by the Regional Water Quality Control Board for any action that may result in degradation of the water of the State. Section 1603 Agreement. In addition to the federal act requirements, the proposed project constitutes an alteration of a streambed and falls under the jurisdiction of the California Department of Fish and Game pursuant to Section 1600 et seq. of the California Fish and Game Code Conclusion This resolution will authorize the City Engineer to process plans for the construction of Olympic Parkway. Currently plans for the roadway are being prepared by developers. These plans will be checked for compliance with the adopted City standards and design guidelines for adjacent planned communities. The plans currently being prepared include grading, actual roadway improvements and landscaping. Grading permits for the road and ..2V- y Page 5, Item; Meeting Date: 4/13/99 associated improvements will be issued upon final approval by the City Engineer, following all environmental clearances ITom Federal and State agencies. This is a TorF project. Developers will be requesting authorization to construct in conformance with the TDIF ordinance. FISCAL IMPACT: The City Council is being requested to approve, as a separate item, a financing agreement for the construction of Olympic Parkway. All costs for the construction of this portion of Olympic Parkway will either be fronted by the developers, who will receive TDIF credit, or will be from the City's TorF fund. Attachment: I. Mitigated Negative Declaration 2. Initial Study 3. Response to Comments H:\SHARED\PLANNING\OL Y ~CCRPT.wpd.doc .:2'1'- S- RESOLUTION 19431 AUTHORIZING THE CITY ENGINEER TO PROCESS PLANS FOR THE CONSTRUCTION OF OLYMPIC P ARKW A Y FROM THE EASTERN BOUNDARY OF THE SUNBOW PROPERTY TO A POINT ABOUT ONE MILE EAST OF THE PROPOSED SR-125; ADOPTING THE ENVIRONMENTAL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION AND FINDINGS OF FACT FOR THE OLYMPIC P ARKW A Y EXTENSION WHEREAS, the Olympic Parkway alignment through Poggi Canyon has been envisioned and addressed in a series of prior environmental documents including the City ofChula Vista General Plan Environmental Impact Report (EIR) (EIR088-2), the Otay Ranch General Development Plan (GDP) EIR (EIR-90-01), Otay Ranch Sectional Planning Area (SPA) One EIR (EIR 95-01), Otay Ranch SPA One Amendment EIR (97- 03), EastLake GDP EIR (EIR 89-09), EastLake Greens EIRs (EIR 86-04), EastLake Greens/Trails Replanning Program EIR (EIR 97-04) and Sunbow EIR (EIR 88-01); and, WHEREAS, the Otay Ranch SPA One and EIR 97-03 approved and certified, respectively, on October 30, 1998, required the developers of Otay Ranch to construct Olympic Parkway from Brandywine to proposed SR-125 (Olympic Parkway) in accordance with the threshold requirements set forth in the SPA One Public Facilities Financing Plan (PFFP); and WHEREAS, developers of Otay Ranch SPA One are requesting that the City of Chula Vista (City) process construction plans for construction of the roadway; WHEREAS, City staff prepared an environmental initial study on the construction of Olympic Parkway from the eastern boundary of the Sunbow project to a point about one mile east of proposed State Route 125 (Project); and, WHEREAS, in accordance with Public Resources Code Section 21094 and 21083.3 and Sections 15152 and 15183 of the California Environmental Quality Act (CEQA) Guidelines, it is appropriate to prepare a tiered environmental document for the construction of the project; and, WHEREAS, the proposed construction of the project is consistent with the General Plan of the City; and, WHEREAS, the proposed construction of the project is consistent with the Sunbow, Otay Ranch and EastLake environmental documents; and, ~/¡ -, WHEREAS, the analysis contained in the project Initial Study and Mitigated Negative is limited to those significant effects on the environment not examined in the prior environmental documents, including impacts peculiar to the project; and, WHEREAS, a notice of availability of the initial study posted at the County of San Diego on February 16, 1999 and mailed to adjacent property owners and interested parties on February 26, 1999, in accordance with the City guidelines for implementation of the California Environmental Quality Act; WHEREAS, during the public review period, which closed March 29, 1999, comments were received from members of the public and the City Resource Conservation Commission, and these comments have been responded to; WHREAS, the contents of the Mitigated Negative Declaration for the project consist of the following: L Initial Study IS-99-20 for extension of Olympic Parkway from east of the Sunbow property to a point approximately one mile east of the proposed SR-12S; and, 2. Mitigation Monitoring Program for IS-99-20; hereafter all collective1y referred to as "IS-99-20". NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, resolve and order as follows: IlL INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED That the City Council of the City of ChuIa Vista has reviewed, analyzed and considered IS-99-20 for this Project including the Findings of Fact (Exhibit "A" to this Resolution) and the proposed mitigation measures contained therein, and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution), prior to approving the Project. Copies of said Exhibits are on file in the office of the City Clerk. IV. CERTIFICATION OF COMPLIANCE ENVIRONMENTAL QUALITY ACT WITH CALIFORNIA That the City Council does hereby find that IS-99-20, the Findings of Fact (Exhibit "A" to this Resolution), and the Mitigation Monitoring and Reporting Program (Exhibit "B" to this Resolution) are prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.) the CEQA Guidelines (California Code Regs. title 14, §ISOOO et seq.), and the ~J/- 7 Environmental Review Procedures of the City ofChula Vista. v. INDEPENDENT JUDGMENT OF CITY COUNCIL That the City Council finds that the IS-99-20 reflects the independent judgment of the City of Chula Vista City Council. VI. CEQA FINDINGS OF FACT, AND MITIGATION MONITORING AND REPORTING PROGRAM A Adoption of Findings of Fact The City Council does hereby approve, accept as its own, incorporate as if set forth in full herein, and make each and every one of the findings contained in the Findings of Fact, Exhibit "A" of this Resolution, a copy of which is on file in the office of the City Clerk. B. Certain Mitigation Measures Feasible and Adopted As more fully identified and set forth in IS-99-20 and in the Findings of Fact for this project, which is Exhibit "A" to this Resolution, a copy of which is on file in the office of the City Clerk, the City Council hereby finds pursuant to Public Resources Code Section 21081 and CEQA Guidelines Section 15091 that the mitigation measures déscribed in the above referenced documents are feasible and will become binding upon the entity (such as the project proponent or the City) assigned thereby to implement same. That development policies and standards previously adopted by the City will, to the extent applicable to the proposed project, substantially mitigate the effects of the proposed project as setforth in the Mitigated Negative Declaration and Findings of Fact. That mitigation measures previously adopted as conditions of approval for the Otay Ranch, Sunbow and EastLake development projects will be and are hereby required to be undertaken as conditions of approval for the proposed project. C. Adoption of Mitigation Monitoring and Reporting Program As required by the Public Resources Code Section 21081.6, City Council hereby adopts Mitigation Monitoring and Reporting Program ("Program") set forth in Exhibit "B" of this Resolution, a copy of which is on file in the office of the City Clerk. The City Council hereby finds that the Program is designed to ensure that, during project implementation, the permittee/project applicant and any other responsible parties implement the project components and comply with the feasible mitigation measures 1- 1/- Y identified in the Findings of Fact and the Program. VII. NOTICE OF DETERMINATION That the Environmental Review Coordinator of the City of Chula Vista is directed after City Council approval of this Project to ensure that a Notice of Determination is filed with the County Clerk of the County of San Diego. These documents, along with any documents submitted to the decision-makers, including documents specified in Public Resources Code Section 21167.6, subdivision(s), shall comprise the entire record of proceedings for any claims under the California Environmental Quality Act ("CEQA") (Pub. Resources Code §21000 et seq.). NOW THEREFORE BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista hereby authorizes the City Engineer to process plans for the construction of Olympic Parkway. Presented by Approved as to form by ~~~i~ John M. Kaheny, City Atto~ey Robert A. Leiter, Director of Planning and Building Exhibits Exhibit A: Findings of Fact Exhibit B: Mitigation Monitoring Program H:\SHARED\PLANNING\OL YRESO.wpd.doc ;¡ y:.- 9' #~r FINDINGS OF FACT OF THE CITY COUNCIL OF THE CITY OF CITY OF CHULA VISTA for the OLYMPIC P ARKW A Y EXTENSION PROJECT APRIL 13, 1999 Prepared for: City ofChula Vista 276 Fourth Avenue Chula Vista, California 91910 CYh/b¡tA TABLE OF CONTENTS Section Page L INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I II. DEFINITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 III. PROJECT DESCRIPTION ................................................ 4 A. PROJECT BACKGROUND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 B. PROJECT LOCATION AND SETTING............................... 5 C. PROJECT DESCRIPTION .......................................... 5 D. PROJECT PHASING .............................................. 8 E. PROJECT PERMITS REQUIRED .................................... 8 IV. RECORD OF PROCEEDINGS. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 9 V. FINDINGS REQUIRED UNDER CEQA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 VI. LEGAL EFFECTS OF FINDINGS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 VII. MITIGATION MONITORING PLAN...................................... 12 VIII. PROJECT EFFECTS AND MITIGATION MEASURES ....................... 12 A. LAND USE AND PLANNING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 B. POPULATION AND HOUSING.................................... 16 C. GEOPHYSICAL................................................. 18 D. WATER........................................................ 25 E. AIR QUALITY .................................................. 34 F. TRANSPORTATION/CIRCULATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 G. BIOLOGICAL RESOURCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 H. ENERGY AND MINERAL RESOURCES ............................ 53 IX. HAZARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 J. NOISE ......................................................... 58 K. PUBLIC SERVICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 L. THRESHOLDS .................................................. 63 M. UTILITIES AND SERVICE SYSTEMS .............................. 67 N. AESTHETICS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 o. CULTURAL RESOURCES........................................ 76 P. PALEONTOLOGICAL RESOURCES................................ 81 Q. RECREATION.................................................. 83 R CUMULATIVE IMPACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 I. INTRODUCTION These findings have been prepared to comply with the California Environmental Quality Act ("CEQA") (Pub. Resources Code, §21000 et seq.) and the CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), which enable the City ofChula Vista, as lead agency for the Olympic Parkway Extension Project ("Project") to make full use of the environmental analysis it previously prepared on a plan or program via a process known as "tiering." Public Resources Code section 21068.5 defines "tiering" as: "the coverage of general matters and environmental effects in an environmental impact report prepared for a policy, plan, program or ordinance followed by narrower or site-specific environmental impact reports [or negative declarations] which incorporate by reference the discussion in any prior environmental impact report and which concentrate on the environmental effects which (a) are capable of being mitigated, or (b) were not analyzed as significant effects on the environment in the prior environmental impact report." (See also CEQA Guidelines, § 15385; Gentrv v. Citv of Murrieta (1995) 36 Cal.AppAth 1359, 1374.) "Tiering is needed in order to provide increased efficiency in the CEQA process. It allows agencies to deal with broad environmental issues in ErRs at planning stages and then to provide more detailed examination of specific effects in ErRs on later development projects that are consistent with or implement the plans. These later EIRs are excused by the tiering concept from repeating the analysis of broad environmental issues examined in the general plan EIRs." (Discussion following CEQA Guidelines, § 15385.) Such later EIRs or negative declarations typically incorporate the earlier analyses by reference and focus on the specific details regarding the particular projects in question. (Pub. Resources Code, § 21068.5; CEQA Guidelines, §§ 15385, subd. (a), 15152, subd. (a); Las Virgenes Homeowners Federation. Inc. v. Countv of Los Angeles (1986) 177 Cal.App.3d 300, 307.) The tiering process, then, is not intended to avoid site-specific environmental review, but rather is intended to ensure that such site-specific review not include unnecessary repetitive analysis of issues already analyzed at the "first tier" stage. Where a lead agency has employed tiering in preparing an ErR for a plan or policy document, later EIRs for specific projects need not discuss significant effects identified in the earlier EIR if such effects: (1) already have been mitigated or avoided; or (2) were examined in such detail that they can be mitigated or avoided by site-specific revisions, the imposition of conditions, or by other means in connection with the approval of the later project. (Pub. Resources Code, § 21094, subd. (a).) I "If a development project is consistent with the general plan of a local agency and an environmental impact report was certified with respect to that general plan, the application of this division to the approval of that development project shall be limited to effects upon the environment which are peculiar to the parcel or to the project and which were not addressed as significant effects in the prior environmental impact report, or which substantial new information shows will be more significant than described in the prior environmental impact report." (Pub. Resources Code, § 21083.3, subd. (b).) Even though site-specific analysis is thus limited, the lead agency still must inform the public that it is using tiering, identify the earlier EIR(s) upon which the agency has relied, and inform the public of where the prior EIR(s) can be found and reviewed. (Pub. Resources Code, § 21094, subd. (e); CEQA Guidelines, § 15152, subd. (g).) Public Resources Code section 21083.3 provides for a qualified exemption applicable in the tiering context where a first tier environmental document was prepared on a zoning, community or general plan. (Pub. Resources Code, § 21083.3, subd. (a); CEQA Guidelines, § 15183, subd. (a); Gentrv, supra, 36 CaLAppAth at p. 1406.) Where a project, consistent with such a zoning, community, or general plan, is proposed, that project "shall not require additional environmental review, except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the projector its site." (CEQA Guidelines, § 15183, subd. (a).) Thus, in a manner similar to the application of general tiering principles, the lead agency must provide second-tier environmental review only where it finds that the project may have effects that: "(1) Are peculiar to the project or the parcel on which the project would be located, "(2) Were not analyzed as significant effects in a prior ErR on the zoning action, general plan, or community plan, with which the project is consistent, "(3) Are potentially significant off-site impacts and cumulative impacts which were not discussed in the prior ErR prepared for the general plan, community plan or zoning action, or "(4) Are previously identified significant effects, which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior ElK" (CEQA Guidelines, § 15183, subd. (b); see also Pub. Resources Code, §§ 21083.3, subds. (a), (b), 21094, subd. (a).) 2 The Mitigated Negative Declaration ("MND") represents the final tier in the analysis of potential environmental impacts for the Olympic Parkway Extension Project and incorporates by reference the analysis, discussions, and supporting documents for the City of Chula Vista General Plan Environmental Impact Report ("General Plan EIR"), the Sunbow EIR, the Otay Ranch SPA One EIR, the Otay Ranch GDP EIR, the Eastlake Greens/Trails Re-Planning Program Supplemental EIR ("SEIR"), SPA One West EIR, Eastlake GDP ErR, and Eastlake Greens EIR. (Pub. Resources Code, § 21068.5; CEQA Guidelines, § 15152; see also Pub. Resources Code, § 21083.3, subd. (b).) II. DEFINITIONS "BMP's" means Best Management Practices. "Caltrans" means California Department of Transportation. "CEQA" means California Environmental Quality Act. "CNEL" Equivalent noise level. "CO" means carbon monoxide. "EIR" mean Environmental Impact Report. "ECVTPP" means Eastern Chula Vista Transportation Phasing Plan. "GDP/SRP" means General Development Plan/Sub-Regional Plan. "General Plan EIR" means City ofChula Vista General Plan Environmental Impact Report. "LOS" means level of service. "MHPA" means Multiple Habitat Planning Area. "MMP" means Mitigation Monitoring Plan. "MND" means Mitigated Negative Declaration for the Olympic Parkway Extension Project. "MSCP" means Multi Species Conservation Program. "NOI" means Notice ofIntent. "NOx" means nitrogen oxide. 3 "PMIO" means particulate matter with diameter of I 0 microns or less. "RMP" means Resource Management Plan. "ROC" means reactive organic compounds. "ROG" means reactive organic gases. "RWQCB" means Regional Water Quality Control Board. "TDS" means total dissolved solids. "USACOE" or "ACOE" means United States Army Corps of Engineers. III. PROJECT DESCRIPTION A. PROJECT BACKGROUND The proposed project, Olympic Parkway, has been previously considered in other environmental planning documents. The earliest contemplation of the roadway was identified in the City of Chula Vista General Plan Final EIR, dated May 31, 1989. The Olympic Parkway, known as Orange Avenue, had been identified as a proposed roadway on the Proposed Circulation Element, Figure 3-8, page 3-133 of the Final EIR. The Circulation Element of the General Plan calls for Orange Avenue (Olympic Parkway) to constructed as a six-lane arterial from 1-805 to Paseo Ranchero and then as an expressway east to proposed State Route 125. The Sunbow Final EIR, dated September 1989, relied on this General Plan proposed roadway extension and incorporated these roadway improvements in their Final EIR (see pages 2-4, 4-4, 4-10 and Appendix C, Traffic Report, pagesI4-36). Subsequent projects such as the 1993 Otay Ranch GDP, the 1996 Otay Ranch SPA and the 1998 Eastlake Greens/Trails Re-Planning Program EIR's identified a roadway network similar to the Adopted Chula Vista General Plan, which included the proposed Olympic Parkway. Since the earliest consideration of Olympic Parkway, variations of the roadway alignment have been identified, most notably being the proposed alignment identified in the Otay Ranch GDP EIR (see Figures 2.3-4 and 3.10-2, page 3.10-11), particularly the roadway segment between SR-125 and Hunte Parkway. This segment of the roadway has varied in alignment from its originally proposed straight design to the current southern curved design. Alternatives to roadway designs were also analyzed with these proposed projects. For example, the Otay Ranch SPA One ElR considered reducing a portion of the roadway segment from a 6-lane prime arterial to a 4-lane facility (see Otay Ranch SPA One EIR, p. 4.10-14). The current roadway design and alignment is a culmination of previous plans, providing the most efficient alignment for planned development in the area. 4 B. PROJECT LOCATION AND SETTING The project site is located in the City ofChula Vista, in southwestern San Diego County. The Olympic Parkway will ultimately extend from I-80S to the Olympic Training Center. Olympic Parkway currently terminates at Brandywine A venue. The roadway project extends eastward through Otay Ranch and Eastlake and terminates at Hunte Parkway. The project site is located within Sections 17 and 18, Range 1 West, Township 18 South of the USGS 7.S' Imperial Beach Quadrangle. The project also extends into unsectioned lands, Range I West, Township 18 South of the Jamul Mountain Quadrangle; and unsectioned lands, Range I West, Township 18 South of the National City Quadrangle. (Initial Study, p. L) The proposed Olympic Parkway is located in an area of the City of Chula Vista known as the "Eastern Territories." The roadway will be an extension of East Orange Avenue, which currently runs from I-80S eastward and terminates at Brandywine Avenue. This portion of the roadway presently operates as a four-lane major street with bike lanes on both sides from 1-805 to Oleander Avenue. East of Oleander Avenue, it is a two-lane roadway with improvement along the avenue. On-street parking is prohibited. The posted speed limit is 3S mph east of Oleander Avenue. The project area is a partially developed area of the City, east oflnterstate 80S (I-80S), which is comprised of several large vacant land holdings, all of which are proposed or approved for development. (MND/Initial Study, pp.I-2.) The proposed Olympic Parkway will traverse several large approved and partially developed planning areas, namely Sunbow, Otay Ranch, McMillin (formerly Otay Ranch) and Eastlake. Each of these planning areas contemplated the roadway construction of Olympic Parkway, and as such, included and analyzed this roadway segment in their project's environmental review. C. PROJECT DESCRIPTIONS Roadway The proposed project consists of the extension of Olympic Parkway (Orange Avenue) from the eastern boundary of the Sunbow property to a point approximately one mile east ofSR- 12S. Olympic Parkway is a five-mile long roadway which will provide direct access to I-80S and proposed State Route 12S (SR -12S) from the proposed development areas of the Eastern Territories of Chula Vista. This portion of the Olympic Parkway extension traverses Sunbow, Otay Ranch, McMilIan-Otay Ranch, New Millennium and Eastlake. Olympic Parkway is currently classified by the Chula Vista General Plan Circulation Element as a six- lane prime arterial east ofl-80S to the proposed SR-12S. The preliminary design plans for Olympic Parkway call for the roadway to basically follow Poggi Canyon. The entire alignment will be constructed predominately on fill which ranges from 0 to as much as SO feet in depth, and the roadway will be elevated above the existing 5 ground, except at the Sunbow development. It will steadily climb from Sunbow and typically be approximately 20-30 feet above the existing elevation. The maximum elevation is at the Palomar crossing where the elevation will be approximately 60 feet above the current elevation of Poggi Canyon. While the source of fill material is not restricted by design, several upland borrow areas have been identified within the Otay Ranch and McMillan properties along the roadway alignment. (MND/Initial Study, p. 2; Sunbow EIR, p. 4-10; Otay Ranch GDP, p. 2-17; Otay Ranch SPA One EIR, p. 2-27;Eastlake Greens/Trails Re-Planning Program SEIR,p. 49.) Drainage Plan In order to accommodate the runoff that currently runs through Poggi Canyon, as well as additional runoff from future development, the road extension plan includes a drainage system consisting of an earthen channel with drop structures and a detention facility. The drainage system will be similar to the existing detention facilities that were created for the Telegraph Canyon channel located to the north of the project site adjacent to Telegraph Canyon Road. Between the eastern end of the project and approximately halfway between La Media and Paseo Ranchero the channel will be on the north side of the roadway. For this portion of the roadway, a smaller temporary channel is proposed for the southern side of the road. The temporary channel will be at the base of the slope that will be created by the roadway grading. At the time the southern side of the road is graded for future development, the temporary channel will be removed and the finished grading will match the northern side of the road. The temporary channel will have drop structures and erosion control landscaping. No native revegetation is planned for the temporary channel. Approximately halfway between La Media and Paseo Ranchero the channel will cross under the road to the southern side of the road. The minimum depth of the main channel is 12 feet, and the bottom width of the channel varies between 25 feet at the east end and widening to 50 feet at the west end where it enters the detention basin. Side slopes are proposed at 3: I in accordance with the City's design criteria. A five foot buffer and a 10-foot wide maintenance trail are also proposed. (MND/lnitial Study, pp. 2-3; Sunbow EIR, p. 4-54;Otay Ranch GDP, pp. 3.9-15 - 3.9-20; Otay Ranch SPA One ErR, pp. 4.9-5 - 4.9-4.9-8; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 105-106.) Drop Structures There are up to 25 drop structures and one culvert on the secondary channel. The main channel has fewer drop structures, a detention basin in addition to a revegetation area that is currently under construction. The drop structures will vary in height up to are nine feet tall with the same three to one side slopes. The width of the top of the drop structures will 6 be up to 54 feet wider than the bottom. The slope of the face of the drop structure is 2: L The entire drop structure is riprap lined to protect from erosion and to minimize velocities. (MNDlInitial Study, p. 3.) Detention Basin A large detention basis is also proposed which will accommodate the increased flow rates associated with increased impermeability of the watershed when developed through build- out The proposed channel design will ensure that the I OO-yearpost-development flood flow exiting the project area is kept to a level that is at or below the 100-year pre-development flows. Because the berm height is less than 25 feet and the basin capacity is less than 50 acre-feet, the detention basin does not qualify as a dam according to State dam criteria. (MND/Initial Study, p. 3; Sunbow ErR, p. 4-54; Otay Ranch GDP, p. 3.9-15; Otay Ranch SPA One EIR, pp. 4.9-5 - 4.9-4.9-8 Eastlake Greens/Trails Re-Planning Program SErR, p. 100.) Utilities The proposed project includes the placement of utilities within the Olympic Parkway right- of-way. Wet utilities include the Poggi Canyon sewer and potable water and reclaimed water lines. The Poggi Canyon sewer will consist of an 18-inch sewer line and associated manholes. Potable water facilities consist of an Otay Water District 16-inch potable water line as well as the relocation of a 54-inch City of San Diego potable water line from Paseo Ranchero to La Media. The reclaimed water lines consist of a 16-inch line from Brandywine to La Media, and an 18-inch line from La Media to Eastlake Parkway. As presently planned, the roadway would be constructed coincident with the development of the adjacent lands to the greatest extent possible. However, where adjacent developments are not proceeding along a coincident schedule, the roadway would be constructed as a fully stand alone action. Funding for this portion of the roadway is through Transportation Development Impact Fees, Sewer Development Impact Fees, Otay Water District and City of San Diego CIP funding (utilities), and developer financing. (MNDlInitial Study, p. 3; Sunbow EIR, pp. 4-17 - 4-19; Otay Ranch SPA One ErR, pp. 4.13-15 - 4. 13-1 6;Eastlake Greens/Trails Re-Planning Program SEIR, pp. 161-173.) Borrow Areas Approximately 4.7 million cubic yards of cut and fill will be required for project implementation. Fill material required for the project will be derived from five borrow areas within the Otay Ranch property, as well as from Eastlake. The borrow areas will be excavated in accordance with the existing approved development plans for the Otay Ranch, McMillan-Otay Ranch and Eastlake developments; however, rather than exporting the excess material to an undisclosed location off-site, the fill material that is excavated from these 7 properties will be utilized for the Olympic Parkway construction. The size ofthe borrow areas are as follows: Borrow Area (I) 7632 acres; Borrow Area (2) 33.50 acres; Borrow Area (3) 32.50 acres; Borrow Area (4) 56.82 acres; and Borrow Area (5) 7.40 acres. With the exception of Borrow Area (I), these areas are void of any sensitive wetland or upland habitat. Borrow Area (I) contains 7.14 acres of coastal sage scrub and 0.87 acres of maritime chaparral. Figure 17 of the Initial Study depicts the habitat located within Borrow Area (I). (MND/Initial Study, pp. 3-4.) D. PROJECT PHASING The roadway was originally anticipated to be constructed over a 10-15 year period. As planned development adjacent to the proposed roadway alignment ensued each developer would be responsible for their portion of the improvement. However, additional development approvals in the Eastern Territories have triggered the need for more immediate improvement of Olympic Parkway per development thresholds (i.e., number of dwelling units and/or commercial and industrial acreage to be developed) established by the City's Eastern Chula Vista Transportation Phasing Plan (ECVTPP) and the Growth Management Plan. Olympic Parkway will be constructed in the following four phases: Phase I (by the year 2000) includes grading the alignment from Brandywine to SR-125, constructing the Poggi Canyon Sewer from Brandywine to SR-125, constructing the water main from Eastlake Parkway to E. Palomar Street, and constructing roadway improvements trom Brandywine to Paseo Ranchero. Phase II (by the year 2001) involves the construction of roadway improvements trom Paseo Ranchero to E. Palomar Street. Phase III (by the year 2003) includes constructing roadway improvements from E. Palomar Street to Eastlake Parkway and grading the alignment trom SR-125 to Eastlake Parkway. Phase IV (by the year 2004) comprises of grading from Eastlake Parkway to Hunte Parkway and constructing ultimate roadway improvements trom Eastlake Parkway to Hunte Parkway. (Initial Study, p.4; Sunbow EIR, p. 2-7;Otay Ranch GDP, p. 2-22; Otay Ranch SPA One ErR, pp. 2-25 - 2-28.) E. PROJECT PERMITS REOUlRED The project will result in impacts to water and/or streambeds that fall under both state and federal regulatory programs. The following permits are required for project implementation: 8 Mitigated Negative Declaration. The City of Chu1a Vista will issue, provide public notice of, and adopt a Mitigated Negative Declaration in accordance with Sections IS070 and IS072 of the California Environmental Quality Act (CEQA). In so doing, the City Council will authorize the City Engineer to process the necessary plans for the extension of Olympic Parkway east ofthe Sunbow Project to the approximate alignment of proposed SR-12S. Section 404 Permit. Under Section 404 of the Clean Water Act, placement of dredged or fill material within Waters of the U.s. requires a permit issued by the U.S. Army Corps of Engineers. Section 401 Certification or Waiver. The Clean Water Act also requires the issuance of a state water quality certification or waiver under Section 40 I to be issued by the Regional Water Quality Control Board for any action that may result in degradation of the water of the State. Section 1603 Agreement. In addition to the federal act requirements, the proposed project constitutes an alteration of a streambed and falls under the jurisdiction of the California Department ofFish and Game pursuant to Section 1600 et seq. of the California Fish and Game Code. (Initial Study, pp. 4-S.) IV. RECORD OF PROCEEDINGS For purposes ofCEQA and the Findings of Fact set forth herein, the record of proceedings for the City ofChula Vista's decisions on the Olympic Parkway Extension Project consists of the following documents, in addition to any other documents identified in Public Resources Code section 21167.6, subdivision (e): · The Notice of Adoption of a Mitigated Negative Declaration and all other public notices issued by the City in conjunction with the Olympic Parkway Extension Project; · The Mitigated Negative Declaration for the Olympic Parkway Extension Project, dated February IS, 1999; · The City of Chula Vista General Plan, dated 1989; · The Final EIR for the City of Chula Vista General Plan, dated May 1989; · The Sunbow EIR, dated September 1989; · The Otay Ranch SPA One EIR, dated April 1996; 9 · The Otay Ranch GDP ErR, dated July 1992; · The Eastlake GreenslTrails Re-Planning Program Supplemental ErR, dated July 1998; · AIl comments submitted to the City by agencies or members of the public during the public review period from, February to March 29, 1999, on the Mitigated Negative Declaration; · The "Preliminary Geotechnical Evaluation Olympic Parkway Feasibility Study," Kimberly- Horn, May 19, 1998; · The Mitigation Monitoring Plan; · All findings and resolutions adopted by City decisionrnakers in connection with the Project, and all documents cited or referred to therein; · All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the Project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and with respect to the City's actions on the Project; · AIl documents submitted to the City by other public agencies or members of the public in connection with the Project, up through the close of all public hearings on March 29, 1999; · Minutes and/or verbatim transcripts of all information sessions, public meetings, and public hearings held by the City in connection with the Project; · Any documentary or other evidence submitted to the City at such information sessions, public meetings, and public hearings; · Matters of common knowledge to the City, including, but not limited to Federal, State, and local laws and regulations; · Any documents expressly cited in these findings, in addition to those cited above; and · Any other materials required to be in the record of proceedings by Public Resources Code section 21167.6, subdivision (e). The custodian of the documents comprising the record of proceedings is Susan Bigelow, City Clerk to the Council, whose office is located at 276 Fourth Avenue, Chula Vista, California, 91910. The City Council has relied on all of the documents listed above in reaching their decisions on the Olympic Parkway Extension Project, even if not every document was formally presented to the Commission, Council, or City Staff as part of the City files generated in connection with the 10 Olympic Parkway Extension Project. Without exception, any documents set forth above not found in the Project files fall into one oftwo categories. Many of them reflect prior planning or legislative decisions with which the Council was aware in approving the Olympic Parkway Extension. (See City of Santa Cruz v. Local Agencv Formation Commission (1978) 76 CaLApp.3d 381, 391-392 [142 CaI.Rptr. 873]; Dominev v. Department of Personnel Administration (1988) 205 CaLApp.3d 729,738, fn. 6 [252 CaLRptr. 620].) Other documents influenced the expert advice provided to City Staff or consultants, who then provided advice to the CounciL For that reason, such documents form part of the underlying factual basis for the Council's decisions relating to the adoption of Olympic Parkway Extension Project (See Pub. Resources Code, § 21167.6, subd. (e) (1 0); Browning-Ferris Industries v. City Council ofCitv of San Jose (1986) 181 CaLApp.3d 852, 866 [226 CaI.Rptr. 575]; Stanislaus Audubon Societv, Inc. v. County of Stanislaus (1995) 33 CaLAppAth 144, 153, 155 [39 CaLRptr.2d 54].) V. FINDINGS REQUIRED UNDER CEQA Public Resources Code section 21002 provides that "public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant environmental effects of such projects." (Emphasis added.) The same statute states that the procedures required by CEQA "are intended to assist public agencies in systematically identifYing both the significant effects of proposed projects and the feasible alternatives or mitigation measures which will avoid or substantially lessen such significant effects." (Emphasis added.) The mandate and principles announced in Public Resources Code section 21002 are implemented, in part, through the requirement that agencies must adopt findings before approving projects for which EIRs are required. (See Pub. Resources Code, § 21081, subd. (a); CEQA Guidelines, § 15091, subd. (a).) For each significant environmental effect identified in an ElR for a proposed project, the approving agency must issue a written finding reaching one or more of three permissible conclusions. The first such finding is that "[ c ]hanges or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final ElR." (CEQA Guidelines, § 15091, subd. (a)(I).) The second generally permissible finding is that" [s ]uch changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency." (CEQA Guidelines, § 15091, subd. (a)(2).) The third potential conclusion in some cases is that" [s ]pecific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final ElR." (CEQA Guidelines, § 15091, subd. (a)(3).) In the present situation, the City of Chula Vista has employed tiering to prepare the MND/lnitial Study and to conduct its environmental review under CEQA for the Olympic Parkway Extension Project. In so doing, the City has relied and incorporates by reference ElRs prepared for the City's 11 General Plan, as well as the Sunbow EIR, the Otay Ranch SPA One EIR, the Otay Ranch GDP EIR, and the Eastlake Greens/Trails Re-Planning Program Supplemental ElK Accordingly, the MNDlInitial Study incorporates the earlier analyses and findings by reference and adds specific details regarding impacts peculiar to the Olympic Parkway Extension Project (Pub. Resources Code, §§ 21068.5, 21083.3; CEQA Guidelines, §§ 15385, subd. (a), 15152, subd. (a); § 15183, subd. (a); Gentrv. suora, 36 CaLApp.4th at p. 1406; Las Virgenes Homeowners Federation, suora, 177 CaLApp.3d at p. 307.) For each potentially significant environmental effect identified in the MND/Initial Study for the the Project, the City of Chula Vista's written findings conclude that mitigation measures, changes, or alterations have been required in, or incorporated into, the project which avoid the potentially significant environmental effect identified in the MND/lnitial Study. VI. LEGAL EFFECTS OF FINDINGS To the extent that these findings conclude that various proposed mitigation measures outlined in the MNDlInitial Study are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself to implement these measures. These findings, in other words, are not merely informational, but rather constitute a binding set of obligations that will come into effect when City decisionmakers formally approve the Olympic Parkway Extension Project The mitigation measures are referenced in the mitigation monitoring plan adopted concurrently with these findings, and will be effectuated through the process of constructing and implementing the Project. VII. MITIGATION MONITORING PLAN A Mitigation Monitoring Plan ("MMP") has been prepared for the Project and has been adopted concurrently with these findings. (See Pub. Resources Code, § 21081.6, subd. (a)(1); CEQA Guidelines, § 15074, subd. (d).) The City will use the MMP to track compliance with Project mitigation measures. The MMP will remain available for public review during the compliance period. VIII. PROJECT EFFECTS AND MITIGATION MEASURES Impacts specific to the Olympic Parkway Extension Project are analyzed in the tiered MND/Initial Study and are summarized in this section (Project Effects and Mitigation Measures). Mitigation measures and conditions of approval have been added after circulation of the MND/Initial Study which are not required by CEQA, which do not create new significant environmental effects and are not necessary to mitigate an unavoidable significant effect; accordingly, recirculation of the MND/Initial is not required. (CEQA Guidelines, § 15073.5.) 12 A. LAND USE AND PLANNING Impact (Ia): The project will not conflict with any General Plan designation or zoning. (MNDlInitial Study, p. 23.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § IS091.) Explanation: The proposed project is a circulation element roadway as identified in the City's General Plan. The alignment of the project is consistent with the conceptual alignment depicted in each the approved Sectional Plarming Area plans transected by the roadway. The general roadway alignment is depicted specifically on Figure 4-4 of the Proposed Grading Plan of the Sunbow ErR and subsequent figures within the document; on Figures 2-S and 2-9 of the Land Use Plans ofthe Otay Ranch SPA One EIR, and on Figure 2.3-1 of the Otay Ranch GDP ErR; and on Figure 3-3 of the Eastlake Greens/Trails Re-Plarming Program SErR and subsequent figures within the document. (MND/Initial Study, p. 24.) The Sunbow EIR, Otay Ranch SPA One EIR, Otay Ranch GDP EIR, and Eastlake Greens/Trails Re-Plarming Program SEIR identified no specific land use impacts associated with the construction and operation of Olympic Parkway. (Otay Ranch SPA One ErR, pp. 4.1-S - 4.1-13; Otay Ranch GDP, pp. 3.1-44 - 3.1-S2; Eastlake Greens/Trails Re-Plarming Program SEIR, pp. 42-4S; Sunbow ErR, pp. 4-3 - 4-4.) As such, the project will not conflict with any general plan designations or zoning. Sirmificance: Less than significant (MND/rnitial Study, p. 23.) Impact (Ib): The proposed project could conflict with environmental plans and policies adopted by agencies with jurisdiction over the project. (MND/Initial Study, p. 23-2S.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project, including mitigation measures, that reduce or avoid the potentially significant environmental effects identified in the MND/Initial Study. (MND/lnitial Study, p. 27.) Explanation: The proposed project could conflict with environmental plans and policies adopted by agencies with jurisdiction over the project With the exception of the Sunbow property, the property is subject to 13 the City's Multiple Species Conservation Plan (MSCP). The MSCP is a regional habitat conservation plan and State-level Natural Communities Conservation Plan (NCCP) covering south San Diego County, including portions of the Otay Ranch, the Eastlake planning area, and the remaining jurisdictional area of Chula Vista. The City's MSCP is a plan and process for the local issuance of permits under the federal and state Endangered Species Acts for impacts to threatened and endangered species. The City of Chula Vista's MSCP has not been adopted at this time. (MND/Initial Study, p. 24.) Potential impacts on regional habitat planning efforts will, in fact, be less than significant The City of San Diego and the United States Fish & Wildlife Service certified a joint EIR/EIS for the San Diego Multiple Species Conservation Program (MSCP) in the Spring of 1997. The MSCP defines a Multiple Habitat Planning Area (MHP A) within which an open space preserve is ultimately to be assembled, primarily for the conservation of biological resources within southwestern San Diego County. Consistent with the MSCP, in October 1997, San Diego County adopted a south county sub-regional plan. The MSCP adopted by the City of San Diego and USFWS, and the South County MHP A adopted by the Board of Supervisors, each contemplate development of in Poggi Canyon, including the Olympic Parkway extension. The City of Chula Vista expects to adopt its own component of the MSCP later this year. Previous ErRs prepared and certified by the City for planned development by the City in the vicinity of the proposed project concluded that no impacts would result from potential conflicts between the MSCP and the development planned by the City, including the Olympic Parkway extension project (OtayRanch SPA One ErR,pp. 4.1-11 to 4.1-13, 4.3-41 to 4.3-42; Eastlake ErR, pp. 92-93.) Open space planned within Otay Ranch is considered by the wildlife agencies to be an integral component of the MHP A and, as part of the planning effort for the MSCP, the wildlife agencies and Otay Ranch landowner(s) conducted negotiations to determine the appropriate configuration of open space on Otay Ranch to achieve consistency with the goals of the MSCP. Those negotiations concluded with an agreement executed by the wildlife agencies on February 22, 1996. The agreement resulted in changes in the Otay Ranch preserve configuration from that delineated in the Otay Ranch GDP approved on October 23, 1993. The agreement contemplates development in Poggi Canyon, including the Olympic Parkway, and the resulting loss of habitat, in exchange for open space in the Proctor Valley and San Y sidro Mountain parcels (MND/rnitial Study, p. 48.) The agreement, in conjunction with the analysis in the Otay Ranch SPA One ErR, establishes that potential conflicts with regional habitat planning efforts will be fully mitigated and less than significant (Otay Ranch SPA One ErR, pp. 4.1-11 to 4.1-13, 4.3-41 to 4.3-42.) Project-Specific Mitigation Measures: Adherence to the City's Multiple Species Conservation Plan (MSCP). (MND/Initial Study, p. 24.) Prior-Tier Mitigation Measures: The following previously implemented mitigation measures from prior ErRs will further reduce 14 potentially significant impacts. . Any future development approval associated with the SPA One plan shall be consistent with the adopted SPA One plan, and related discretionary actions including the General Development Plan Amendments, Overall Design Plan, Village Design Plan, and Conceptual Grading Plan. Consistency with these plans will ensure that all policies and development standards contained within the plans are complied with. Compliance will ensure that setbacks, landscaping, building design, lighting standards, grading techniques, etc. are fully implemented which will avoid land use impacts. (Otay Ranch SPA One EIR, p. 4.1-10) Sifmifìcance afìer Miti¡wtion: Less than significant (MND/Initial Study, p. 24.) Impact (Ic): The project will have a less than significant impact on agricultural resource operations. (MND/Initial Study, pp. 23, 26.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The MND/Initial Study states that the proposed project may result in the loss of farmland oflocal importance, but that impacts on agricultural resources and operations are less than significant. The conclusion is based on the fact that the proposed project will traverse a corridor that is not currently utilized for intensive agriculture or the production of agricultural crops, that the lands traversed by the proposed project have not been used for such purposes in the recent past, and because the conversion of farmland oflocal importance is considered a less-than-significant impact pursuant to the 1989 Chula Vista General Plan update 3-71. (MND/Initial Study, p. 26.) Incorporating analysis in the Otay Ranch SPA One ErR by reference, the MND/Initial Study also states that the proposed project will not result in impacts to any Prime Farmland, Farmland of Statewide Importance, or Unique Farmland. (MND/Initial Study, p. 26; see also Otay Ranch SPA One ErR, p. 4.7-10.) The Olympic Parkway Extension will therefore not result in any potentially significant impacts on agricultural resources that are peculiar to the proposed project. The discussion in the MND/Initial Study is also based on previous analysis in the Otay Ranch GDP EIR and Otay Ranch SPA One ElK (MND/Initial Study, p. 26.) Both EIRs address potentially significant impacts associated with the loss of farmland and conclude, through SPA One, that all potentially significant impacts on such resources could be mitigated to below a level of significance. 15 (See OtayRanch GDP EIR, pp. 4.9.8-1 to 4.9.8-4; Otay Ranch SPA One EIR, pp. 4.7-10 to 4.7-14.) Impacts on agricultural resources associated with the Olympic Avenue Extension project were therefore adequately addressed in the prior EIRs and adherence with the development standards established for Otay Ranch, Sunbow, and Eastlake generally will substantially mitigate agricultural resource impacts associated with the proposed project. Sirmificance: Less than significant. (MND/lnitial Study, p. 26.) Impact (Id): The project will not disrupt or divide the physical arrangement of an established community. (MND/Initial Study, p. 26.) Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project traverses an area of vacant land and will not disrupt or divide the physical arrangement of an established community. The proposed project involves the construction and operation of a roadway contemplated by local agency-approved plans adopted pursuant to state planning and zoning law. The Olympic Parkway Extension Project is designed to accommodate the new development that exists pursuant to, and the further development contemplated by, the approved plans. (MND/Initial Study, p. 26; Sunbow EIR, p. 4-3; Eastlake Greens/Trails Re-Planning Program SEIR,pp. 42-44; Otay RanchGDPEIR, pp. 2-1 to 2-25; Otay Ranch SPA One EIR, pp. 2-1 to 2-28.) Silmificance: Less than significant. (MNDllnitial Study, pp. 23, 26.) B. POPULATION AND HOUSING Impact (IIa): The project will not result in an increase in the population of the area. (MNDllnitial Study, pp. 27-28.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project will not result in an increase in the population of the area because no 16 residential dwelling units or development other than construction and operation of the roadway extension are proposed. (MND/Initial Study, p. 28.) As a result, there is no potentially significant impact peculiar to the proposed project with respect to cumulative exceedances of regional or local population projections. To the extent implementation of the Otay Ranch GDP, Otay Ranch SPA One, Eastlake, and Sunbow developments could result in population- and housing-related impacts, such impacts are adequately addressed in the prior ErRs prepared and certified for those projects. (Otay Ranch SPA One EIR, pp. 4.8-1 to 4.8-6; Sunbow ErR, p. 4-84; Eastlake Greens/Trails Re- Planning Program SErR, pp. 42-44.) SÎí!nificdnce: Less than significant (MND/rnitial Study, pp. 27-28.) Impact (lIb): The project will not induce growth in the area. (MND/rnitial Study, pp. 27-28.) Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § IS09\.) Explanation: Construction and operation of the Olympic Parkway Extension will not result in potentially significant growth-inducing impacts that are peculiar to the proposed project. The proposed project is an extension of infrastructure through an area that is both planned for and is currently developing, including properties and developments owned by Sunbow, McMillan, Otay Ranch, and Eastlake. The project will provide access to these planned communities consistent with the City's adopted plans for development in the area and the circulation element. (MND/rnitial Study, p. 28.) To the extent implementation of planned development in the vicinity of the proposed project could result in growth-inducing impacts, such impacts are adequately addressed in the prior ErRs prepared and certified for those projects. (Sunbow ErR, p. 4-8; Eastlake Greens/Trails Re-Planning Program SErR, pp. 42-44; Otay Ranch GDP EIR, pp. 7-1 to 7-8; Otay Ranch SPA One ErR, p. 6.2.) Sirmificance: Less than significant (MND/lnitial Study, pp. 27-28.) Impact (lIc): The project will not displace existing housing. (MND/rnitial Study, p. 28.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § IS09\.) Explanation: 17 The proposed project will not displace existing housing as it will traverse vacant land As a result, construction and operation of the Olympic Parkway Extension will not result in impacts associated with the displacement of housing that are peculiar to the proposed project. (MND/lnitial Study, pp. 27-28.) To the extent implementation of planned development in the vicinity of the proposed project could result in impacts associated with the displacement of existing housing, such impacts are adequately addressed in the prior EIRs prepared and certified for the inidividual development projects. (See, e.g., Otay Ranch SPA One EIR, pp. 4.8-1 to 4.8-6) Sifmificance: Less than significant. (MND/Initial Study, pp. 27-28.) C. GEOPHYSICAL Impacts (IIIa&b): The project has the potential to result in significant impacts to unstable earth conditions and disruptions, displacements compaction or overcovering of the soil. (MND/Initial Study, p. 29.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study (pp. 30-31). Explanation: The MND/Initial Study indicates the proposed project could result in impacts associated with unstable earth conditions, changes in geologic substructures, and disruptions, displacements, compaction or overcovering of soils. (MND/lnitial Study, pp. 28.) To assess the geophysical impacts that are peculiar to the project, a preliminary geotechnical evaluation was performed for the proposed project. (See Preliminary Geotechnical Evaluation Olympic Parkway Feasibility Study ("Olympic Parkway Geotechnical Study"), Kimley-Horn (May 18, 1998).) (MND/Initial Study, p. 29.) The Olympic Parkway Geotechnical Study concludes the overall project is feasible, but that special mitigation measures will be required to address localized geotechnical conditions and impacts. (MND/Initial Study, pp. 29-31.) Geophysical impacts associated with planned development in the vicinity of the proposed project, which includes the proposed project itself, has been the subject of extensive prior environmental review. (Otay Ranch GDP EIR, pp. 3.S-21 to 3.S-23, 4.9.6-1; "Otay Ranch SPA OneEIR", pp. 4.S- 7 to 4.S-8.) In each instance, the previous EIRs conclude geophysical impacts can be mitigated to below a level of significance through the implementation of specific mitigation measures and through required adherence to specific mitigation-related performance standards. (Otay Ranch GDP, pp. 3.S-23 to 3.S-24, 4.9.6-1; Otay Ranch SPA EIR, pp. 4.5-8 t04.S-1O.) As such, the previousEIRs 18 adequately addressed geophysical impacts associated with planned development in the vicinity of the proposed project. As set forth below, continued implementation of and required adherence to the mitigation measures identified in the previous EIRs for potentially significant geophysical impacts will further ensure that such impacts associated with the proposed project will be fully mitigated. Project-Specific Mitigation Measures: L The recommendations contained in the "Preliminary Geotechnical Evaluation Olympic Parkway Feasibility Study" shall be implemented as part of project grading and construction. As identified in the Preliminary Geotechnical Evaluation a comprehensive subsurface evaluation, including development-specific subsurface exploration and laboratory testing is recommended to be performed to aid design and construction of future roadway improvements. The purpose ofthe subsurface evaluation is to assess subsurface geotechnical conditions and to provide specific data regarding potential geotechnical hazards and constraints, as well as information pertaining to the engineering characteristics of underlying earth materials. From these data, specific geotechnical recommendations for grading/earthwork, slope stability, surface and subsurface drainage, pavement design, drainage and other geotechnical design considerations can be prepared. The following identifies the preliminary geotechnical recommendations to address alluvium, landslides, slope stability, Excavatability, groundwater, liquefaction and dynamic settlement, soil corrosivity and expansive soil. Alluvium - The majority of the proposed alignment is underlain by significant depths of compressible and liquefaction-susceptible alluvium. Feasible earthwork options include removal and recompaction of compressible alluvium, dewatering as needed, and removal recompaction down to the water table. Surcharge the remaining saturated alluvial section to achieve stable density for roadway support and minimal liquefaction potential. Detailed geotechnical sampling and testing will be required to model surcharge effectiveness, particularly the imposed load/settlement-time relationships. Landslides - Further investigation of the landslide features mapped and possible features identified from aerial photographs/topography needs to be performed to evaluate the potential for slope failures adjacent to the proposed alignment. Some of these features may require stabilization or removal during grading. In some cases, possible landslides identified in geotechnical studies of the area may not represent a landslide hazard. Slope Stability - In general, cuts in the granular formational materials should be grossly stable at gradients of2: I (horizontal to vertical). Considerable erosion and gullies were observed on the newly cut slopes located on the south side of Poggi Canyon in the Sunbow development. Planting these slopes should help reduce surficial stability and erosion problems. Grading plans for the canyon roadway have not been finalized. Cut and fill slopes descending into the canyon shall be evaluated for gross and surficial stability. 19 Excavatability - Alluvial materials found in Poggi Canyon should be excavatable with conventional grading equipment. Formational materials in the eastern area of the project will likely contain scattered concretionary materials which could require local heavy ripping. Special handling of the oversize material in the fill will probably be required. Groundwater - Canyon areas to receive fill should have subdrains installed to reduce and control potential future seepage out of the slopes. Where fill embankments are planned for both the planned parkway and the Poggi Creek drainage, consideration should be given to installing a subdrain at the base of the alluvial removals and prior to fill placement. Dewatering may be required as part of the remediation of the underlying alluvium. Liquefaction and Dynamic Settlement - Subsurface exploration and associated laboratory testing shall be performed during the design phase of the roadway to evaluate the liquefaction and dynamic settlement potential of on-site soils. It is possible that liquefaction will have limited impact on the planned parkway. Under these circumstances, consideration can be give to reading minor damage to roadways rather than totally mitigation against any potential movement. Ifliquefaction of underlying soils is found to be a significant problem, mitigation of already graded area could include stone piles, compaction grouting or other ground modification techniques. Soil Corrosivity - Soils within the alignment have been identified as corrosive with respect to both ferrous metals and concrete. Further testing shall be performed to determine the extent of the corrosive materials so that improvements can be designed accordingly. Expansive Soil- Soils exhibiting expansive characteristics are present within the formational materials, residual/colluvial soils and alluvium. Expansive soils also have generally poor engineering characteristics. Selective grading shall be performed to prevent these materials from being placed within 5 feet of the final grade of the proposed roadway. If expansive soils are exposed in cut portions of the roadway, these materials should be under cut 5 feet and replaced with non-expansive materials. (MND/Initial Study, pp. 30-31.) Prior-Tier Mitigation Measures: The following previously mitigation measures from prior EIRs further ensure potentially significant impacts associated with geophysical resources are fully mitigated. . A qualified geotechnical engineer for the Project Applicant shall prepare site-specific geotechnical studies at the tentative map level, but prior to construction, that meet engineering standards of the appropriate jurisdiction and, based on proposed development plans, evaluate soil conditions and characteristics, areas of potential slope instability, landslides, faults, liquefaction, and rippability characteristics. 20 Impacts related to slope instability shall be mitigated by site-specific geotechnical static and pseudo-static slope stability analyses conducted prior to submittal of tentative maps that will provide input relative to appropriate slope design alternatives. These mitigation measures shall include benching, adjusting heights and inclinations of proposed cut and fill slopes, retaining walls, slope protection, and/or erosion control devices. Significant impacts due to ground rupture shall be avoided by not building directly over the fault trace. A site-specific geotechnical study would be necessary at the tentative map level to identify specific fault locations and delineate fault setback zones (as necessary) in accordance with city and/or county guidelines. Potential damage from seismic ground shaking shall be mitigated by adhering to the Uniform Building Code, state-of-the-art seismic design parameters of the Structural Engineering Association of California (SEAOC), and applicable local building codes. Such seismic design suggests assuming a design ground acceleration that is equal to two-thirds of the maximum anticipated bedrock acceleration. The design acceleration for the Otay Ranch area is 0.18g. The seismic design parameters, provided as a result of a site-specific geotechnical study, shall be utilized by a qualified structural engineer in the design and construction of the Project. A qualified geotechnical engineering consultant shall perform an investigation of the site to evaluate the liquefaction potential upon submittal of tentative maps. Where potential for liquefaction is determined to be moderate to high (such as in major tributary canyon bottoms), mitigation measures shall include removal and recompaction ofloose, unconsolidated soils, vibrofloatation, or dynamic compaction techniques. Landslide impacts shall be mitigated based upon site-specific geotechnical studies on all tentative maps submitted for the Project to delineate the limits of slides (i.e., head and toe). Landslides which may potentially impact developed areas shall be completely removed or buttressed during site grading. However, basal erosion of the slopes shall be avoided. Oversaturation and subsequent loading of the soils and sediments (from lawns, etc.) shall be avoided. (SPA One PEIR, p. 4.9.6-1; see also, (Otay Ranch GDP EIR, p. 4.9.6-1; Sunbow EIR, p. -42; Eastlake Greens/Trails Re-Planning Program SEIR, p. 124.) Sifmificance after Mitirmtion: Less than significant. (MND/Initial Study, pp. 30-31.) 21 Impact (IIIc&d): Potentially significant impacts to topography or ground surface relief features and the destruction, covering or modification of a unique geologic or physical feature. (MND/Initial Study, p. 29.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study ( pp. 30-31). Explanation: The proposed project will result in a change in topography and the covering of Poggi Canyon, which is a unique physical feature. According to the preliminary design plans for Olympic Parkway, the roadway will basically follow Poggi Canyon. In order to construct the roadway, Poggi Canyon will be graded, and fill material will be brought into the canyon from adjacent borrow areas. The roadway will be elevated by imported fill material above the existing ground level for the entire alignment (with the exception of where it passes through the Sunbow development), with typical elevations of20 to 30 feet above existing ground levels, and reaching a maximum of 60 feet above the current elevation of Poggi Canyon at the location of planned Palomar Road. (MND/Initial Study, p.29.) Proposed construction and operation of the Olympic Parkway Extension Project will not result in impacts that a peculiar to the project to the extent the proposed project itself, and related geophysical impacts, are adequately analyzed in previous EIRs. As set forth above, geophysical and grading impacts of planned development has been the subject of and is adequately addressed by extensive environmental review over the last decade. (Otay Ranch GDP EIR, pp. 3.2-25 to 3.2-36, 4.9.3-1 to 4.9.3-2; Otay Ranch SPA One ErR, pp. 4.2-6 to 4.2-11, 4.2-23 to 4.2-24.) The previous analysis provides sufficient detail for the City to formulate mitigation measures at this juncture for impacts peculiar to the project. Moreover, continued implementation of and required adherence to the mitigation measures identified in the previous EIRs for potentially significant geophysical impacts, including grading and fill impacts, will further ensure that such impacts associated with the proposed project will be fully mitigated. Project-Specific Mitigation Measures: Implement mitigation measures identified under Impact IIIa&b. (MND/Initial Study, pp. 30-31.) Prior-Tier Mitigation Measures: The previously mitigation measures from prior EIRs, as identified under Impact IIIa&b, will further reduce potentially significant impacts. 22 Sifmifìcance after Mitirzation: Less than significant. (MND/lnitial Study, pp. 30-31.) Impact (IIIe&f): The project may potentially result in an increase of water erosion of soils and will modify the channel of the Poggi Canyon streambed. (MND/Initial Study, pp. 28-29.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study (pp. 30-31). Explanation: Modifications to Poggi Canyon and the borrow areas adjacent to the project associated with construction of the proposed roadway could result in a temporary increase in soil erosion. The proposed project includes, however, the creation of a new drainage channel on the north side of the roadway that will control runoff from the roadway, as well as from upstream developments. The drainage channel consists of a series of catch basins, drops structures, and a large detention basin which have been designed to convey flow in a east to west direction along the length of the parkway. (MND/Initial Study, p. 29.) The functions of the channel from the standpoint offloodflow alteration and streambed stabilization are anticipated to be improved over the present condition. In its present form, the Poggi Canyon channel consists of an erosive bottom with varying slopes and limited vegetation development. As the watershed develops, increased runoff is expected to exacerbate erosion within those areas which are presently incised and increase head cutting through flatter portions of the channel as erosion gullies migrate upstream (similar to what had already occurred on the Sunbow site immediately downstream of the proposed channel improvements). The proposed channel would be stabilized at a width and slope that will allow for non-scouring flows (less than 6 feet per second) to be conveyed through the entire system. A large detention basin is proposed to further address the increased flow rates associated with increased impermeability of the watershed when developed thorough buildout. The net result of the channel design is to ensure that the 100- year post-development flood flow exiting the project area is kept to a level that is at or below the I DO-year pre-development flows. Proposed wetland vegetation and drop structures will further aid in stabilizing the channel areas against erosion. (MND/Initial Study, p. 30.) Thus, creation of the new drainage channel, along with implementation of the project-specific mitigation measures set forth in the Olympic Parkway Geotechnical Study and required adherence to all applicable NPDES permit requirements for urban runoff and stormwater runoff and pertinent City regulations, will reduce impacts to below a level of significance. As noted above, the geophysical impacts associated with planned development, including the proposed project, have been the subject of and is adequately addressed by extensive environmental review over the last decade. (Sunbow ErR, p. 4-42; Otay Ranch GDP ErR, pp. 3.2-25 to 3.2-36,3.5- 23 21 to 3.5-24, 4.9.3-1 to 4.9.3-2, 4.9.6-1; Otay Ranch SPA One EIR, pp. 4.2-6 to 4.2-11, 4.2-23 to 4.2-24" 4.5-7 to 4.5-10.) This previous analysis provides sufficient detail for the City to formulate mitigation measures at this juncture for erosion-related impacts, at least to the extent such impacts exist. Moreover, continued implementation of and required adherence to the mitigation measures identified in the previous EIRs for potentially significant geophysical impacts, including erosion- related geophysical impacts, will further ensure that such impacts associated with the proposed project will be fully mitigated. Project-Specific Mitigation Measures: Implement mitigation measures identified under Impact llIa&b. (MND/Initial Study, pp. 30-31.) Prior-Tier Mitigation Measures: The previously mitigation measures from prior EIRs, as identified under Impact III a, b, c & d, will further reduce potentially significant impacts. Sirmificance after Mitiflation: Less than significant. (MND/Initial Study, pp. 30-31.) Impact (lUg): The project is located as such to potentially expose people to geologic hazards. (MND/Initial Study, p. 30.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study ( pp. 30-31). Explanation: The MND/Initial Study discloses that the project site is located in the general proximity of several active and potentially active faults, including the San Diego Trough, Coronado Bank, Rose Canyon, San Miguel, Elsinore, San Jacinto, and San Andreas Fault Zones. The MND/lnitial Study also discloses that no active faults are known to transect the proposed roadway alignment. Finally, the MND/lnitial Study provides that, under current conditions, there is a potential for liquefaction of the alluvial soils in Poggi Canyon, but that such possibility is dependent on final grading and the manner in which loose alluvium is treated during construction. As a result, the MND/Initial Study identifies potentially significant impacts associated with landslides and seismic activity. (MND/lnitial Study, pp. 28-20.) Such impacts can be fully mitigated, however, through adherence to City design standards and the mitigation measures set forth in the Olympic Parkway Geoteclmical Study. (MND/Initial Study, pp. 30-31.) 24 As noted above, the geophysical impacts associated with planned development, including the proposed project, has been the subject of and is adequately addressed by extensive environmental review over the last decade. (Sunbow EIR, p. 4-42; Otay Ranch GDP EIR, pp. 3 .2-2S to 3.2-36, 3.S- 21 to 3.S-24, 4.9.3-1 to 4.9.3-2, 4.9.6-1; Otay Ranch SPA One EIR, pp. 4.2-6 to 4.2-11, 4.2-23 to 4.2-24" 4.5-7 to 4.S-1 0.) This previous analysis provides sufficient detail for the City to formulate mitigation measures at this juncture for erosion-related impacts, at least to the extent such impacts exist. Moreover, continued implementation of and required adherence to the mitigation measures identified in the previous EIRs for potentially significant geophysical impacts, including exposure of people to geologic hazards, will further ensure that such impacts associated with the proposed project will be fully mitigated. Project-Specific Mitigation Measures: Implement mitigation measures identified under Impact IIIa&b. (MND/Initial Study, pp. 30-31.) Prior-Tier Mitigation Measures: The previously mitigation measures from prior EIRs, as identified under Impact IIIa&b, will further reduce potentially significant impacts. Sirmificance after Mitifwtion: Less than significant (MND/Initial Study, pp. 30-31.) D. WATER Impact (IVa): The project will cause potentially significant changes in absorption rates, drainage patterns, and the rate and amount of surface runoff in the project area. (MND/Initial Study, p. 33.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/lnitial Study (pp. 35-36). Explanation: Construction of the proposed project will increase impervious surfaces in the project area and will affect the natural drainage system within Poggi Canyon. Changes in existing absorption rates, drainage patterns, and/or rate and amount of surface runoff will result as the project will fill the existing Poggi Canyon drainage, and a new drainage channel will be created. Construction ofthe new drainage channel, as well as implementation of the mitigation measures identified below, will reduce this impact to a less than significant level. (MND/Initial Study, p. 33.) 25 Impacts associated with changes in absorption rates, drainage patterns, and the rate and amount of surface runoffin the project area have been the subject of extensive previous environmental review. (Sunbow EIR, pp. 4-53 to 4-54; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 101 to 105; OtayRanchGDP EIR,pp. 3.9-12 to 3.9-20, 4.9.10-1; Otay Ranch SPA One EIR, ppA.9-4 to 4.9-1 1.) That analysis provides a sufficient level of detail to adequately address the impacts peculiar to the proposed project. As set forth below, continued implementation of and required adherence to the mitigation measures identified in the previous EIRs for potentially significant impacts on water resources will further ensure that such impacts associated with the proposed project will be fully mitigated. Project-Specific Mitigation Measures: Adherence to standard City grading and construction procedures/requirements as well as to the following Previous-Tier mitigation measures identified in prior EIR' s. (MND/Initial Study, pp. 35- 36.) Previous-Tier Mitigation Measures: The following previously identified mitigation measures from prior EIRs further ensure that potentially significant impacts are fully mitigated. . Implementation of measures contained in Sunbow EIR 88-01, as well as standard City grading and construction procedures/requirements would mitigate project drainage and water quality impacts to a level less than significant. The channel proposed as part ofthe roadway project implements some of the drainage mitigation measures identified in EIR 88-01. (Sunbow EIR, p. 4-54.) . As identified in the SPA One EIR, potentially significant water resources impacts resulting from development in the project area can be reduced to a less than significant level through the use of Best Management Practices and through the implementation of mitigation measures. Mitigation measures identified in the SPA One EIR include the following: I. Prior to the issuance of grading permits and during grading the applicant shall comply with all applicable regulations established by the United States Environmental Protection Agency as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and stormwater drainage and any regulations adopted by the City of Chula Vista pursuant thereto. The City of Chula Vista and County of San Diego have a Municipal Permit from the State Regional Water Quality Control Board (RWQCB) for stormwater discharge. In order to be covered under NPDES Municipal Permit No. CA OI08758, the proposed developed area will be required to mitigate impacts to stormwater quality. In addition, RWQCB has issued one general permit that applies to construction activity. In 26 order to be covered under the Construction General Permit, a Notice of Intent (NOI) must be filed with RWQCB. Compliance with the Permit requires that a stormwater pollution plan be prepared and implemented for the project. Best management practices, design, treatment, and monitoring for stormwater quality must be addressed with respect to Municipal and Construction Permits. (OtayRanch SPA One EIR, p. 4.9-10; see also (Otay RanchGDP EIR, pp. 3.9-15 to 3.9-20.) Implement the following Eastlake Greens/Trails Re-Planning Program SEIR water mitigation measures: 4A.4.1 4.4.4.2 4AA.3 4AAA 4.4A.5 4.4A.6 4AA.7 4AA.8 Hydroseeding and landscaping of any cut/fill slopes disturbed or built during the construction phase of (the Eastlake Trails project) with appropriate ground cover vegetation would be performed within 30 days of completion of grading activities. Areas of native vegetation or adjoining slopes to be avoided during grading activities would be delineated to minimize disturbance to existing vegetation and slopes. Artificial ground cover, hay bales, and catch basins to retard the rate of runoff ITom manufactured slopes would be installed if grading occurs during wet weather season (November I through April I). Fine particulates in geologic materials used to construct the surficial layers of manufactured slopes would not be specific unless a suitable alternative is not available. Temporary sedimentation and desilting basins between graded areas and streams would be provided during grading. Detention basins, effective for very large drainage areas. These are essentially ponds with controlled release rates to minimize downstream effects. Some pollutants can settle during storage and improve the quality of water released. Infiltration basins, designed to hold runoff and allow percolation into the ground. These basins need adequate storage volume and good permeability of the underlying soils. Infiltration trenches and dry wells, holes, or trenches filled with aggregate and then covered. Dry wells are typically used for runoff from roofs; infiltration trenches typically serve larger areas, such as streets and parking lots in commercial areas. Both are best suited for areas with permeable soils and a sufficiently low water table or bedrock. 27 4.4.4.9 Porous pavement such a lattice pavers or porous asphalt. These may be used to replace large areas of paving that are not subject to heavy traffic. 4.4.4. I 0 Vegetative controls. Plant materials which intercept rainfall and filter pollutants and absorb nutrients. 4.4.4.11 Grassed swales, shallow grass-covered channels used in place of a buried storm drain. This type of vegetative control is most applicable to residential areas. (Eastlake Greens/Trails Re-Planning Program SErR, pp. 105-106.) Sirmifìcance after Mitirmtion: Less than significant (MND/Initial Study, p. 33.; (Otay Ranch GDP EIR, pp. 3.9-15 to 3.9-20Sunbow EIR, p. 4-54;Otay Ranch SPA One EIR, p. 4.9-10; Eastlake Greens/Trails Re-Planning Program SEIR, p. 106.) Impact (IVb): The project will not result in the exposure of people or property to water related hazards. (MND/lnitial Study, pp. 32-33.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project will not result in the exposure of people or property to water related hazards such as flooding, as the roadway will not be located within the 100- flood plain. The proposed project will not be constructed in an area susceptible to impacts from tidal waves. (MND/Initial Study, p. 33.) As a result, construction and operation of the Olympic Parkway Extension will not result in any potentially significant impacts associated with exposure of people or property to water related hazards that are peculiar to the project To the extent implementation of planned development in the vicinity of the proposed project could result in impacts associated with the exposure of people or property to water related hazards, such impacts are adequately addressed in the prior ErRs prepared and certified planned development in the vicinity of the proposed project (Sunbow ErR, pp. 4-53 to 4-54; Eastlake Greens/Trails Re-Planning Program SErR, pp. 101 to 105; Otay Ranch GDP EIR, pp. 3.9-12 to 3.9-20, 4.9.10-1; Otay Ranch SPA One EIR, pp. 4.9-4 to 4.9-1 L) Sirmifìcance: Less than significant. (MND/rnitial Study, pp. 32-33.) 28 Impact (IVc): Less than significant impacts associated with the projects' discharges into water surfaces, diminishing water quality. (MND/lnitial Study, p. 33.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The MND/Initial Study acknowledges that runoff from impervious surfaces typically contains pollutants such as oils, fuel residues, and heavy metals which would diminish water quality in downstream water. The MND/Initial Study concludes, however, that runoff from the proposed project, as well as runoff from existing and planned development in the area, will be controlled and fully-mitigated via a detention basin proposed as part of the drainage system to be located on the north side of the roadway. (MND/lnitial Study, p. 33.) Water quality impacts associated with existing and planned development in the vicinity of the proposed project has been the subject of extensive previous environmental review. (Sunbow EIR, pp. 4-S3 - 4-S4; Eastlake Greens/Trails Re- Planning Program SEIR, pp. 104 - I OS; Otay Ranch GDP EIR, pp. 3.9-12 to 3.9-20, 4.9.10-1; Otay Ranch SPA One EIR, pp. 4.9-4 to 4.9-11.) That analysis provides a sufficient level of detail to adequately address the impacts peculiar to the proposed project. Continued implementation of and required adherence to the mitigation measures identified in the previous ErRs for potentially significant impacts on water resources which are described above under Impact (Na) will further ensure that water-related impacts associated with the proposed project are fully mitigated. Sifmificance: Less than significant (MND/lnitial Study, pp. 33.) Impact (IVd): The project will cause potentially significant changes in amount of surface water in Poggi Canyon. (MND/Initial Study, p. 33.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study (pp. 3S-36). Explanation: Decreased absorption of rainfall which would occur with increased impervious surfaces could 29 potentially change the amount of seasonal surface water in Poggi Canyon. Construction of the new drainage system, which includes a large detention basin in the new drainage channel, will reduce the impact to hydrology flows/drainage to a less than significant level. (MND/Initial Study, p. 33.) Impacts associated with surface water quantity in the project area have been the subject of extensive previous environmental review. (Sunbow EIR, pp. 4-53 - 4-54; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 101 - 105; Otay Ranch GDP EIR, pp. 3.9-12 to 3.9-20, 4.9.10-1; Otay Ranch SPA One EIR, pp. 4.9-4 to 4.9-11.) That analysis provides a sufficient level of detail to adequately address the impacts peculiar to the proposed project. Continued implementation of and required adherence to the mitigation measures identified in the previous EIRs for potentially significant impacts on water resources, which are set forth above under Impact (IV a), will further ensure that water-related impacts associated with the proposed project are fully mitigated. Project-Specific Mitigation Measures: Construction of the new drainage system, which includes a large detention basin in the new drainage channel. (MND/Initial Study, p. 33.) Sirmificance after Mitirwtion: Less than significant (MND/Initial Study, pp. 33.) Previous-Tier Mitigation Measures Mitigation measures for Impact (IV a) will further ensure impacts are less than significant. Impact (IVe): The project will cause potentially significant changes in Poggi Canyon water currents. (MND/Initial Study, p. 33.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study (pp. 35-36). Explanation: Portions of Poggi Canyon contain rresh water. The project proposes to fill the canyon and to create a new drainage facility. The replacement drainage facility will generally flow in the same direction as the existing drainage that will be impacted. Related impacts will be fully mitigated through the replacement drainage facility and through conditions imposed by the USACOE and RWQCB 404 and 401 certification process, respectively. (MND/lnitial Study, p. 33.) Impacts associated with changes in the course of direction of water movements has been the subject 30 of extensive previous environmental review. (Sunbow EIR, pp. 4-53 - 4-54; Eastlake Greens/Trails Re-P1anning Program SEIR, pp. 101 - 105; Otay Ranch GDP EIR, pp. 3.9-12 to 3.9-20, 4.9.10-1; Otay Ranch SPA One EIR, pp. 4.9-4 to 4.9-1 L) That analysis provides a sufficient level of detail to adequately address the impacts peculiar to the proposed project Continued implementation of and required adherence to the mitigation measures identified in the previous ErRs for potentially significant impacts on water resources, which are set forth above under Impact (IVa), will further ensure that water-related impacts associated with the proposed project are fully mitigated. Project-Specific Mitigation Measures: Construction of the new drainage system, which includes a large detention basin in the new drainage channel and adherence to the conditions of the USACOE 404 permit, and DFG Streambed Alteration Agreement RWQCB 401 certification. (MND/rnitial Study, pp. 33-36.) Previous-Tier Mitigation Measures Mitigation measures for Impact (IVa) will further ensure impacts are less than significant. Sirmificance after Mitir!ation: Less than significant. (MND/rnitial Study, p. 33.) Impacts (IVf&g): The project will not cause changes in quantity of groundwater nor alter direction or rate of flow of groundwater. (MND/Initial Study, pp. 32, 34.) Finding: No mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The principal groundwater aquifer in the vicinity of Otay Ranch is the Otay River Valley. Regional ground-water flow is from east to west, with the direction oflocal ground-water flow controlled by the orientation of the drainage basin at issue and topography. Groundwater within the Poggi Canyon Basin flows in a westerly direction. The increase in impervious surfaces associated with development on the Olympic Parkway Extension will increase the amount of runotI from precipitation, but the project will not result in impacts on ground-water quantity that are peculiar to the project because neither the SPA One area, nor the Sunbow or Eastlake developments are located in an area of significant groundwater recharge. (MND/Initial Study, p. 34; see also Sunbow ErR, pp. 4-53 - 4-54; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 101 - 105; Otay Ranch SPA One EIR, pp. 4.9- - 4.9.) To the extent implementation of planned development in the vicinity of the proposed project could result in impacts associated with increases in quantity and direction or flow of ground-water, such impacts are adequately addressed in the prior ErRs prepared and certiíied 31 planned development in the vicinity of the proposed project. (Sunbow ErR, p. 4-54; Eastlake Greens/Trails Re-Planning Program SErR, pp. 105 - 106; Otay Ranch GDP ErR, pp. 3.9-12 to 3.9- 20,4.9.10-1; Otay Ranch SPA One ErR, pp. 4.9-1 to 4.9-11.) SÍfmificance after Mitif!Gtion: Less than significant (MND/lnitial Study, pp. 32, 34.) Impact (IVh): The project will result in less than significant impacts to groundwater quality. (MND/lnitial Study, p. 34.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The increase in impervious surfaces associated with development on the project site will increase the amount of runoff from precipitation, while decreasing the amount of percolation. The project, however, is not located in an area of significant groundwater recharge. Therefore, no impact to groundwater quality is anticipated. (MND/rnitial Study, p. 34.) Groundwater quality impacts associated with existing and planned development in the vicinity of the project has been the subject of extensive previous environmental review. (Sunbow ErR, pp. 4-53 - 4-54; Eastlake Greens/Trails Re-Planning Program SErR, pp. 104 - 105; Otay Ranch GDP ErR, pp. 3.9-12 to 3.9-20, 4.9.10-1; Otay Ranch SPA One EIR, pp. 4.9-4 to 4.9-11.) That analysis provides a sufficient level of detail to adequately address the impacts peculiar to the proposed project. Continued implementation of and required adherence to the mitigation measures identified in the previous ErRs for potentially significant impacts on water resources, which are set forth above under Impact IVa, will ensure that water-related impacts associated with the proposed project are fully mitigated. Project-Specific Mitigation Measures: No mitigation is required. (MND/rnitial Study, pp. 35-36.) SÍfmificance: Less than significant. (MND/rnitial Study, p. 34.) 32 Impact (IVi): The project will cause potentially significant alterations to the course or flow of flood waters in Poggi Canyon. (MND/Initial Study, p. 34.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study ( pp. 3S-36). Explanation: The proposed project will alter the course or flow of flood waters because the natural drainage system of Poggi Canyon will be altered. This impact will be mitigated through the implementation of the drainage system proposed as part of the project. This drainage system will also accommodate expected flood flows from future developments within the drainage basin. The proposed drainage plan consists of the construction of a new drainage channel and detention basin to accommodate storm water runoff. Implementation of the storm drain plan will reduce impacts resulting from alterations to the course or flow of flood waters to a less than significant leveL (MND/Initial Study, p.34.) Flood-related impacts associated with existing and planned development in the vicinity ofthe project have been the subject of extensive previous environmental review. (Sunbow EIR, pp. 4-53 - 4-54; Eastlake Greens/Trails Re- Planning Program SEIR, pp. 104 - I OS; Otay Ranch GDP EIR, pp. 3.9-12 to 3.9-20, 4.9.10-1; Otay Ranch SPA One ElR, pp. 4.9-4 to 4.9-11.) That analysis provides a sufficient level of detail to adequately address the impacts peculiar to the proposed project. Continued implementation of and required adherence to the mitigation measures identified in the previous ElRs for potentially significant impacts on water resources, which are set forth above under Impact IVa, will ensure that water-related impacts associated with the proposed project are fully mitigated. Project-Specific Mitigation Measures: Construction of a new drainage channel and detention basin to accommodate storm water runoff. (MND/Initial Study, p. 34.) Previous-Tier Mitigation Measures Mitigation measures for Impact (IVa) will further ensure impacts are less than significant. Sif!nificance after Mitif!ation: Less than significant. (MND/Initial Study, p. 34.) 33 Impact (IVj): The project will not result in a substantial reduction in the amount of water otherwise available for public water supplies. (MND/Initial Study, p. 32, 34.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: Water use associated with the proposed project is limited to the use of reclaimed water for slope landscaping. (MND/Initial Study, p. 34.) Because the project use of water is limited to reclaimed water, the Olympic Parkway Extension will not significantly affect the amount of potable water available for public water supplies. (MND/Initial Study, p. 34.) As a result, construction and operation ofthe proposed project implementation of the Olympic Parkway Extension will not result in potentially significant water supply impacts that are peculiar to the project. To the extent implementation of planned development in the vicinity of the proposed project could result in public water supply impacts, such impacts are adequately addressed in the prior EIRs prepared and certified planned development in the vicinity of the proposed project. (Sunbow EIR, pp. 4-18 - 4-19; Eastlake Greens/Trails Re-Planning Program SEIR,pp. 161-166;OtayRanchGDPEIR,pp. 3.9-12 to 3.9-20, 4.9.10-1; Otay Ranch SPA One ErR, pp. 4.9-4 to 4.9-11.) Sifmificance: Less than significant. (MND/rnitial Study, p. 34.) E. AIR OUALITY Impact (Va): The project will have potentially significant impacts to existing air quality violations on a short-term basis. (MND/rnitial Study, p. 37.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND. (MND/Initial Study pp. 37-39.) Explanation: Prior EIR's identified potential impacts associated with short-term air quality. Based on the previous-tier mitigation measures set forth below, those ErR's concluded the impact would be reduced to below a level of significance. (Otay Ranch GDP EIR, pA.9.I2-1; Sunbow EIR, pp. 4-S0 - 4-S1 ;Otay Ranch SPA One EIR, pp. 4. 11-7 - 4.11-16; Eastlake Greens/Trails Re-Planning Program 34 SEIR, pp. 150-153.) The San Diego region is currently a non-attainment area for federal and state standards for ozone, carbon monoxide, and particulates (PMIO). The incremental increase in short-term construction impacts associated with clearing, borrow area excavation, and grading activities as well as tailpipe emissions from construction vehicles and equipment will contribute to existing air quality violations on a short-term basis. Compliance with pollution control measures identified in the previous EIRs during construction will reduce air quality impacts to a less than significant leveL (MND/lnitial Study, p. 37.) Project-Specific Mitigation Measures: Compliance with pollution control measures during construction will reduce air quality impacts to a less than significant leveL (MND/lnitial Study, p. 37.) Previous-Tier Mitigation Measures: Mitigation Measures identified in the Sunbow ElR (88-1), are: · Use of watering or other dust palliatives to reduce fugitive dust; emissions reductions of about 50 percent can be realized by implementation of these measures. · Hydroseeding, landscaping, or developing of disturbed areas as soon as possible to reduce dust generation. · Proper covering of trucks hauling fill materiaL · Enforcement of a 20 mile-per-hour speed limit on unpaved surfaces. · Use of heavy-duty construction equipment that is equipped with modified combustion/fuel injection systems for emission controL (Sunbow ErR, p. 4-51.) Mitigation Measures identified in the Otay Ranch SPA One ErR (95-01), to reduce construction emissions are: · Minimize simultaneous operation of multiple construction equipment units (i.e., phase construction to minimize impacts). · Use low pollutant-emitting construction equipment. · Use electrical construction equipment as practicaL 35 · Use catalytic reduction for gasoline-powered equipment · Use injection timing retard for diesel-powered equipment · Water the construction area twice daily to minimize fugitive dust · Stabilize (for example, hydroseed) graded areas as quickly as possible to minimize fugitive dust · Pave permanent roads as quickly as possible to minimize dust. (Otay Ranch SPA One EIR, pp. 4.11-11 - 4.11-12; see also Otay Ranch GDP EIR, p. 4.9.12-1.) Mitigation Measures identified in the Eastlake Greens/Trails Re-Planning Program SEIR (97-04), to reduce construction emissions are: I. All unpaved construction areas shall be sprinkled with water or other acceptable San Diego APCD dust control agents during dust-generating activities to reduce dust emissions. Additional watering or acceptable APCD dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. Emissions reductions of about 50 percent can be realized by implementation of these measures. 2. Trucks hauling dirt and debris should be properly covered to reduce windblown dust and spills. 3. Enforce a 20-mile-per-hour speed limit on unpaved surfaces. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed area shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Use low pollutant-emitting construction equipment 8. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. 36 9. Equip construction equipment with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide to the extent available and feasible. 10. Use electrical construction equipment, to the extent feasible. 11. Use catalytic reduction for gasoline-powered equipment 12. The simultaneous operations of multiple construction equipment units shall be minimized (i.e., phase construction to minimize impacts). (Eastlake Greens/Trails Re-Planning Program SEIR, pp. 151-152.) Sifmifìcance after Mitirwtion: Less than significant (MND/Initial Study, p. 37; Sunbow EIR, p. 4- 51; Otay Ranch GDP EIR,p. 4.9.12-1; Otay Ranch SPA One EIR,p. 4.11-16; Eastlake Greens/Trails Re-Planning Program SEIR, p. 153.) Impact (Vb): The project will not expose sensitive receptors to pollutants. (MND/Initial Study, p. 37.) Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: Currently, there are no sensitive receptors located in the vicinity of the roadway alignment or borrow areas. Therefore, the proposed project would not result in the exposure of sensitive receptors to pollutants. (MND/lnitial Study, p. 37.) Future planned development along the roadway corridor will not be impacted from the project as land uses have been planned around the roadway, and sensitive receptors will not be located adjacent to the roadway. (MND/lnitial Study, p. 37.) As a result, construction and operation of the proposed project will not result in potentially significant impacts associated with the exposure of sensitive receptors to pollutants that are peculiar to the project. Moreover, to the extent implementation of planned development in the vicinity of the proposed project could result in impacts associated with the exposure of sensitive receptors to pollutants, such impacts are adequately addressed in the prior EIRs prepared and certified planned development in the vicinity of the proposed project. (SunbowEIR, pp. 4-48 - 4-51; Otay Ranch GDP EIR, pp. 3.11- I to 3.11-22, 4.2.12-9, 4.9.12-1; Otay Ranch SPA One EIR, pp. 4.11-1 to 4.11-16.) Thus, because the proposed project alignment is generally consistent with the alignment analyzed in previous EIRs, no new impact is anticipated. (MND/Initial Study, p. 37.) 37 Sirmifìcance: Less than significant (MND/Initial Study, p. 37.) Impact (Vc): The project wil\ not alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally. (MND/Initial Study, p. 37.) Finding: No mitigation is required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § IS091.) Explanation: The proposed project involves the construction and operation of a roadway. Construction and use of the roadway after completion will not alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally. (MND/Initial Study, p. 37; see also (Sunbow EIR, pp. 4-48 - 4-S1; Otay Ranch GDP EIR, pp. 3.11-1 to 3.11-22, 4.2.12-9, 4.9.12-1; Otay Ranch SPA One EIR, pp. 4.11-1 to 4.11-16.) Sirmifìcance: Less than significant. (MND/Initial Study, p. 37.) Impact (Vd): Normal operation of the project wil\ not create objectionable odors. (MND/Initial Study, p. 37.) Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § IS091.) Explanation: The proposed project involves the construction and operation of a roadway. Construction and use of the roadway after completion will not will not create objectionable odors. (MND/Initial Study, p. 37; see also (SunbowEIR, pp. 4-48 - 4-S1; OtayRanch GDP EIR, pp. 3.11-1 to 3.11-22, 4.2.12-9, 4.9.12-1; Otay Ranch SPA One EIR, pp. 4.11-1 to 4.11-16.) Sirmifìcance: Less than significant. (MND/Initial Study, p. 37.) 38 Impact (Ve): The project will not result in a substantial increase in stationary or non- stationary sources of air emissions or the deterioration of ambient air quality. (MND/Initial Study, p. 37.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The Olympic Parkway Extension is designed and planned to redistribute existing and future traffic patterns, and to alleviate existing and future congestion on other east-west roadways. Air quality impacts associated with current and planned development in the vicinity ofthe proposed project has been analyzed at length in prior ErRs. (MND/Initial Study, p. 37-38.) These ErRs analyzed in detail, and treated as significant, long- and short-term impacts associated with changes in stationary and non-stationary source emissions and deterioration in ambient air quality. (Sunbow ErR, pp. 4-48 - 4-51; Eastlake Greens/Trails Re-Planning Program SErR, pp. 150 - 151; Otay Ranch GDP ErR, pp. 3.11-1 to 3.11-22; Otay Ranch SPA One ErR, pp. 4.9.12-1, 4.11-1 to 4.11-16.) Because the proposed project is consistent with and contemplated by planned development in the vicinity, construction and operation of the project would not result in potentially significant air quality impacts that are peculiar to the project. Moreover, to the extent implementation of planned development in the vicinity of the proposed project could result in impacts associated with increased air emissions from stationary or non-stationary sources or a deterioration in ambient air quality, including short term constructionrelated-impacts, such impacts are adequately addressed in the prior EIRs prepared and certified planned development in the vicinity of the proposed project. (MND/Initial Study, pp. 37-38;General Plan ErR, pp. 3-49 - 3-52; Sunbow EIR, pp. 4-48 - 4-51; Eastlake Greens/Trails Re- Planning Program SErR, pp. 150 - 151 ;Otay Ranch GDP EIR, pp. 3.11-1 to 3.11-22,4.2.12-9,4.9.12-1; Otay Ranch SPA One ErR, pp. 4.11-1 to 4.11-16.) Continued adherence to and required compliance with the development standards and mitigation measures set forth in the prior ErRs and as set forth below will substantially mitigate any air-quality impacts peculiar to the project. Sirwificance: Less than significant. (MND/rnitial Study, pp. 37-38.) F. TRANSPORTATION/CIRCULATION Impact (VIa): The project will not generate increased vehicular trips or traffic congestion. (MND/rnitial Study, pp. 39-40.) 39 Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The Olympic Parkway Extension is designed and planned to redistribute existing and future traffic patterns, and to alleviate existing and future congestion on other east-west roadways. As a result, the proposed project will not generate increased vehicular trips or result in traffic congestion. (MND/rnitial Study, p. 40.) To the extent implementation of planned development in the vicinity of the proposed project could result in increased vehicular trips or traffic congestion, such impacts are adequately addressed in the prior EIRs prepared and certified planned development in the vicinity of the proposed project. (Sunbow ErR, pp. 4-27 - 4-29; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 54 - 81; Otay Ranch GDP ErR, pp. 3.10-1 to 3.10-41, 4.9.11-1 to 4.9.11-27; Otay Ranch SPA One ErR, pp. 4.10-1 to 4.10-33.) Because the proposed project is consistent with and contemplated by planned development in the vicinity, construction and operation of the project would not result in potentially significant impacts associated with increased vehicle trips and traffic congestion that are peculiar to the project Continued adherence to and required compliance with the development standards and mitigation measures set forth in the prior EIRs and as set forth below will substantially mitigate any project-related impacts associated with traffic and circulation. Sirmificance: Less than significant. (MND/Initial Study, p. 40.) Impact (VIb): The project will not result in hazards to safety from design features or incompatible uses. (MND/rnitial Study, pp. 39-40.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The Olympic Parkway Extension is designed and planned to redistribute existing and future traffic patterns, and to alleviate existing and future congestion on other east-west roadways. The roadway will be designed and constructed to the City's safety engineering standards. As a result, the proposed project will not result in hazards to safety from design features or incompatible uses that are peculiar to the project (MND/Initial Study, p. 40.) Impacts associated with hazards to safety from roadway design features or incompatible uses have also been analyzed in detail, and treated as significant, in previous EIRs. (Sunbow ErR, pp. 4-27 - 4-29; Eastlake Greens/Trails Re-Planning Program SErR, pp. 54 - 81;Otay Ranch GDP EIR, pp. 3.10-1 to 3.10-41, 4.9.11-1 to 4.9.11-27; Otay Ranch SPA 40 One ErR, pp. 4.10-1 to 4.10-33.) To the extent implementation of planned development in the vicinity of the proposed project could result in safety-related impacts associated with roadway design, such impacts are adequately addressed in the prior ErRs. Continued adherence to and required compliance with the development standards and mitigation measures set forth in the prior EIRs and as set forth below will substantially mitigate any project-related impacts associated with traffic and circulation. SÙmifìcance: Less than significant. (MND/Initial Study, pp. 39-40.) Impact (VIc): The project will not result in inadequate emergency access or access to nearby uses. (MND/lnitial Study, p. 40.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The Olympic Parkway Extension is designed and planned to redistribute existing and future traffic patterns, and to alleviate existing and future congestion on other east-west roadways. As a new roadway, the proposed project will not result in inadequate emergency access or inadequate access to nearby uses. Instead, construction ofthe roadway will provide additional emergency access within the area surrounding the project (MND/Initial Study, p. 40.) Traffic-related impacts associated with vehicle access are addressed in previous EIRs. (Sunbow EIR, pp. 4-27 - 4-29; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 54 - 81; Otay Ranch GDP EIR, pp. 3.1 0-1 to 3.1 0-41, 4.9.11-1 to 4.9.11-27; Otay Ranch SPA One EIR, pp. 4.10-1 to 4.10-33.) To the extent the proposed project is consistent with and contemplated by planned development that could result in impacts associated with traffic aces, such impacts are adequately addressed in the prior EIRs. Moreover, continued adherence to and required compliance with the development standards and mitigation measures set forth in the prior EIRs will substantially mitigate any project-related impacts associated with traffic and circulation. Sienifìcance: Less than significant. (MND/Initial Study, p. 40.) Impact (VId): The project will not result in insufficient parking capacity. (MND/lnitial Study, pp. 39-40.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) 41 Explanation: The project will not result in insufficient parking capacity, as it does not involve the development of land uses which would generate the need for parking facilities. (MND/lnitial Study, p. 40.) Accordingly, there is no potentially significant parking impact peculiar to the proposed project. SÌfmificance: Less than significant. (MND/Initial Study, p. 40.) Impact (VIe): The project will not cause hazards or barriers for pedestrians or bicyclists. (MND/lnitial Study, pp. 39-40.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The Olympic Parkway Extension is designed and planned to redistribute existing and future traffic patterns, and to alleviate existing and future congestion on other east-west roadways. The roadway will be designed and constructed to the City's engineering standards for a 6-lane primary arteria1l4- lane major roadway. As a result, the proposed project will not result in hazards or barriers for pedestrians or bicyclists that are peculiar to the project. (MND/Initial Study, p. 40.) Impacts associated with hazards or barriers to pedestrians or bicyclists have also been analyzed in detail, and treated as significant, in previous EIRs. (Otay Ranch GDP EIR, pp. 3.10-1 to 3.10-41, 4.9.11-1 to 4.9.11-27; Otay Ranch SPA One EIR, pp. 4.10-1 to 4.10-33.) To the extent implementation of planned development in the vicinity of the proposed project could result in traffic-related hazards for pedestrians or bicyclists, such impacts are adequately addressed in the prior ErRs. Sifmificance: Less than significant. (MND/Initial Study, p. 40.) Impact (VIr.): The project will not conflict with adopted policies supporting alternative transportation. (MND/lnitial Study, pp. 39-40.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) 42 Explanation: The Olympic Parkway Extension is designed and planned to redistribute existing and future traffic patterns, and to alleviate existing and future congestion on other east-west roadways. The roadway will be designed and constructed to permit bicycle and pedestrian traffic, and will accommodate the expansion of public transit routes. Accordingly, the proposed project will not conflict with adopted policies supporting alternative transportation, as it will permit bicycle and pedestrian traffic and will accommodate the expansion of public transit routes. (MND/Initial Study, p. 40.) As a result, the proposed project will not result in conflicts with adopted alternative transportation policies that are peculiar to the project. Moreover, to the extent implementation of planned development in the vicinity of the proposed project could result in conflicts with adopted alternative transportation policies, such impacts are adequately addressed in the prior EIRs. (Sunbow ErR, pp. 4-27 - 4-29; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 54 - 81; Otay Ranch GDP EIR, pp. 3.10-1 to 3.10-41, 4.9.11-1 to 4.9.11-27; Otay Ranch SPA One ErR, pp. 4.10-1 to 4.10-33.) Sienifìcance: Less than significant. (MND/lnitial Study, p. 40.) Impact (Vlg): The project will not result in impacts to rail, waterborne, or air traffic transportation. (MND/Initial Study, p. 40.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project is not located in close proximity to rail, waterborne, or air traffic. Accordingly, the proposed project will not result in any potentially significant impacts associated with these modes of traffic. (MND/Initial Study, p. 40.) Sienifìcance: Less than significant (MND/rnitial Study, p. 40.) Impact (VIh.): The project is not classified as a "large project" by the Congestion Management Program. (MND/lnitial Study, p. 40.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) 43 Explanation: The Olympic Parkway Extension is designed and planned to redistribute existing and future traffic patterns, and to alleviate existing and future congestion on other east-west roadways. The proposed project is not classified as a "large project" by the Congestion Management Program, as it will not generate automobile trips. The project has been identified as a needed improvement to serve ongoing and future development in the project area. (MND/Initial Study, p. 40; see also Sunbow EIR, pp. 4-27 - 4-29; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 54 - 81; cites.) SÌfmificance: Less than significant (MND/Initial Study, p. 40.) G. BIOLOGICAL RESOURCES Impact (VIla): The proposed project could result in impacts to endangered, sensitive species, species of concern or species that are candidates for listing. Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study. Explanation: The MND/Initial Study explains that biological resource impacts as a result of construction and operation of the proposed project have been previously addressed in the previous EIRs prepared and certified for planned development in and around the project site. (MND/Initial Study, p. 41; Sunbow EIR, pp. 4-61 - 4-63; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 93 - 94; Otay Ranch GDP EIR, pp. 3.3-1 to 3.3-176, 4.9.4-1 to 4.9.4-26; Otay Ranch SPA One EIR, pp. 4.3-1 to 4.3-46.) These previous EIRs establish development policies and standards to mitigate impacts to listed species throughout Otay Ranch. (Sunbow EIR, pp. 4-61 - 4-63; Eastlake Greens/Trails Re- Planning Program SEIR, pp. 93 - 94;Otay Ranch GDP EIR, pp. 3.3- 130 to 3.3- 139,3.3-141 to 3.3-176, 4.9.4- 8 to 4.9.4-24; Otay Ranch SPA One EIR, pp. 4.3-42 to 4.3-46.) The most current biological data is provided by the Biological Resources Report and Impact Assessment for Otay Ranch SPA One and GDP/SRP Amendment Areas (Dudek, February 1998) and the Eastlake Greens/Trails Replanning Program SEIR for Eastlake (RECON, April 1998). The MND/Initial Study also explains that project-related impacts to wetlands and upland habitat with respect to the Sunbow development and the portion of the roadway alignment through that development have been fully mitigated through approved permits issued by the USACOE, DFG, and the RWQCB; implementation of an approved wetland grading and revegetation plan for Poggi Canyon, a wetland restoration plan, and a coastal sage scrub mitigation plan. (MND/Initial Study, p. 41.) In addition, the MND/Initial Study 44 concludes no significant impacts to biological resources that are peculiar to the proposed project would result for the portion of the roadway that traverses the Eastlake properties. (MND/Initial Study, p. 42; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 93 - 94.) Finally, the MND/Initial Study indicates that the majority of impacts to sensitive biological resources would result in the portion of the alignment that traverses the portions of Otay Ranch SPA One. (MND/Initial Study, p. 42.) As regards impacts to species of concern, the MND/lnitial Study provides that disturbance of coastal sage scrub and maritime succulent scrub associated with grading and construction of the roadway may result in impacts to gnatcatcher and cactus wren populations in the project area. The California gnatcatcher is listed by USFWS as a threatened species and the cactus wren is listed as a species of special concern by the California Department ofFish and Game. Both species are covered by the MSCP. The Cooper's Hawk and the White-Tailed Kite have also been sited in the project area. Both of these species are listed by the CDFG as species of special concern. Impacts to habitat utilized by these species may result in impacts to their viability in the project area. Implementation of Mitigation Measures identified below, including obtaining an interim take permit, and required compliance with and adherence to the performance standards established by the Otay Ranch GDP EIR and Otay Ranch SPA One EIRs for impacts on sensitive species, will reduce impacts to such species to a less than significant leveL (MND/Initial Study, p. 44.) Finally, impacts to endangered, sensitive species, and species of concern have been the subject of extensive previous environmental review for planned development in the area. (Sunbow ErR, pp. 4-61 - 4-63; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 93 - 94; Otay Ranch GDP EIR, pp. 3.3-22 to 3.3-54 3.3-99 to 3.3-121, 3.3-164 to 3.3-176, 4.9.4-5 to 4.9.4-24; Otay Ranch SPA One EIR, pp. 4.3-16 to 4.3-46.) Accordingly, impacts to such species are not peculiar to the project and were therefore adequately addressed in the previous EIRs. Continued implementation of and required compliance with mitigation measures previously identified in the prior EIRs, and as set forth below will ensure such impacts are fully mitigated. Project-Specific Mitigation Measures: Implementation of the following mitigation measures, taken from the SPA One EIR will reduce potentially significant impacts. . Because a majority of the impacts to biological resources resulting from the grading and construction of the roadway and Borrow Area (1) occur within Otay Ranch properties, significant impacts to biological resources would be mitigated through adherence to the requirements ofthe Otay Ranch Resource Management Plan (RMP) (Phases I and 2), and the San Diego Multiple Species Conservation Program (MSCP). The Phase 2 RMP establishes a series of standards for preservation of species and habitats to be applied project-wide for Otay Ranch and provides for the preservation of regionally significant wildlife corridors. 45 . Components of the Phase 2 RMP relevant to impacts to biological resources associated with construction of the proposed roadway include the Coastal Sage Scrub Restoration Master Plan and Restoration Analysis and the Biota Monitoring Program. These Phase 2 RMP components are intended to mitigate direct impacts from development of the entire Otay Ranch (with the exception of direct unavoidable impacts to the coastal California gnatcatcher, cactus wren). . The San Diego Multiple Species Conservation Program (MSCP) was approved by the City of San Diego in March 1997 and by the County of San Diego in October 1997 with approval by the City of Chula Vista expected in 1999. The MSCP defines a Multiple Habitat Planning Area (MHPA) within which an open space preserve is ultimately to be assembled, primarily for the conservation of biological resources within southwestern San Diego County. Open space planned within Otay Ranch is considered by the wildlife agencies to be an integral component of the MHP A and, as part of the planning effort for the MSCP, the wildlife agencies and Otay Ranch landowner( s) conducted negotiations to determine the appropriate configuration of open space on Otay Ranch to achieve consistency with the goals ofthe MSCP. Those negotiations concluded with an agreement executed by the wildlife agencies on February 22, 1996. The agreement resulted in changes in the Otay Ranch preserve configuration from that delineated in the Otay Ranch GDP approved on October 23,1993. The agreement allows the "take" of habitat in Poggi Canyon (Olympic Parkway alignment) in exchange for open space in the Proctor Valley and San Y sidro Mountain parcels. (MND/lnitial Study, p. 37.) Previous-Tier Mitigation Measures: Adherence to previous-tier mitigation, as set forth below, for impacts on biological resources will further ensure the impacts are fully mitigated. . As a condition of SPA One approval, the Phase 2 Resource Management Plan (RMP) shall be implemented in accordance with the requirements of the adopted General Development Plan and the Phase I RMP. The Phase 2 RMP encompasses a series of tasks that must be performed over time throughout implementation of the Otay Ranch GDP. Components included within the Phase 2 RMP relevant to impacts to biological resources resulting from SPA One and the offsite facilities west of Paseo Ranchero include the following: Preserve Conveyance Plan; Otay Ranch Coastal Sage Scrub and Maritime Succulent Scrub Habitat Replacement Plan; and Biota Monitoring Program. These Phase 2 RMP components will mitigate direct impacts to SPA One biological resources to a 46 less-than-signiticant level (with the exception of direct impacts to tbe coastal California gnatcatcber, cactus wren, and Otay tarplant) as follows: With SPA One, provide for conveyance of 1,186 acres to the Otay Ranch preserve, with the first conveyance of 593 acres occurring in Year 3 of the Otay Ranch development program. The first conveyance area will be located on the Otay Valley parcel and will contain substantial acreage of upland scrub habitats and populations of California gnatcatchers and cactus wrens. Pursuant to policy 3.4 in the Phase I RMP, implement the first phase of the coastal sage scrub and maritime succulent scrub restoration programs with SPA One, including minimum restoration of 17.6 acres of coastal sage scrub habitat and 9.8 acres of maritime succulent scrub habitat in accordance with the restoration ratios set forth on page 93 of the Phase 2 RMP. Beginning in 1996, implement the requirements of the Biota Monitoring Program including initial surveys for California gnatcatcher and other sensitive species within the 10 study plots established as part of the Phase 2 RMP. Prior to issuance of a grading permit that would result in impacts to freshwater marsh or open water habitat, ensure that necessary permits from USFWS and DFG have been obtained. Prior to approval of plans for the Light Rail Transit construction west of Pas eo Ranchero, conduct an additional survey for Hemizonia conjugens in the appropriate season and, if observed, carry out a mitigation program in accordance with the requirements of a 2081 permit to be obtained from the California Department ofFish and Game. (SPA One FEIR, Volume I, pp. 4.3-4.2 - 4.3-43; 4.3-43 - 4.3-45 (Discussion); SPA One Plan, Appendix F, Phase 2 RMP.) Silmificance: Less than significant. (MND/lnitial Study, p. 44.) Impact (VIIb): The proposed project will not impact locally designated species. Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) 47 Explanation: As explained above under Impact (VIla), biological resource impacts associated with the proposed project have been the subject of extensive previous environmental review for planned development in the area. (MNDlInitial Study, p. 41; Sunbow ErR, pp. 4-61 - 4-63; Eastlake Greens/Trails Re- Planning Program SEIR, pp. 93 - 94; Otay Ranch GDP EIR, pp. 3.3-1 to 3.3-176, 4.9.4-1 to 4.9.4- 26; Otay Ranch SPA One ErR, pp. 4.3-1 to 4.3-46.) The same analysis discloses that implementation of the proposed project would not result in any potentially significant impacts on biological resources within the portion of the alignment crossing the Eastlake properties and that any such impacts associated with the Sunbow properties have been fully mitigated. (MND/rnitial Study, pp.41-42.) Finally, the previous EIRs and most recent biological data for the proposed project do not identify any locally designated species that would be impacted by the project. Thus, no impacts to locally designated species that are peculiar to the project would result Sifmificance: Less than significant. (MND/Initial Study, p. 41.) Impact (VIIc): The proposed project could result in impacts on locally designated natural communities. Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study. Explanation: As explained above under Impact (VIla), biological resource impacts associated with the proposed project have been the subject of extensive previous environmental review for planned development in the area. (MND/rnitial Study, p. 41; Sunbow ErR, pp. 4-61 - 4-63; Eastlake Greens/Trails Re- Planning Program SErR, pp. 93 - 94; Otay Ranch GDP ErR, pp. 3.3-1 to 3.3-176, 4.9.4-1 to 4.9.4- 26; Otay Ranch SPA One EIR, pp. 4.3-1 to 4.3-46.) The same analysis discloses that implementation of the proposed project would not result in any potentially significant impacts on biological resources within the portion of the alignment crossing the Eastlake properties and that any such impacts associated with the Sunbow properties have been fully mitigated. (MND/lnitial Study, pp.41-42.) As regards upland habitat impacts on the Otay Ranch SPA One portion of the proposed alignment, the MNDlInitial Study discloses that grading and construction ofthe roadway will impact a total of II .23 acres of coastal sage scrub, 1.08 acres of disturbed coastal sage scrub, 5.12 acres of maritime succulent scrub, 4.62 acres of disturbed maritime succulent scrub, 3.04 acres of Valley Needlegrass Grassland, and 0.03 acres of disturbed habitat. (MND/lnitial Study, pp. 43-44.) The MNDlInitial Study concludes these impact will be fully mitigated by the mitigation measures described above under Impact VIla, as well as by implementing the Preserve established in the Otay 48 Ranch General Development Plan and RMP as modified by the Chula Vista City Council on November 10, 1998, by Resolution #19254. (MND/Initial Study, pp. 43-44.) The Otay Ranch SPA One EIR specifically concluded that implementation of the roadway extensions of East Palomar Street, East Orange A venue (now the Olympic Parkway), and the future light rail easement would result in direct impacts to the sensitive habitats identified above. (Otay Ranch SPA One EIR, pp. 4.3-12 to 4.3-14, Table 4.3-1, Figure 4.3-4.) In adopting the Otay Ranch SPA One Plan and certifYing the EIR, the City concluded such impacts could be mitigated to below a level of significance. (See Otay Ranch SPA One EIR, pp. 4.3-42 through 4.3-43, 4.3-43 through 4.3-45 (Discussion).) As a result, sensitive habitat impacts associated with the Olympic Parkway Extension are not peculiar to the project. Moreover, such impacts were adequately addressed in the Otay Ranch SPA One EIR Implementation of mitigation measures from the Otay Ranch SPA One development for impacts on sensitive habitats, along with other mitigation measures listed below under the Biological Resources Mitigation heading, will ensure such impacts are fully mitigated. Project-Specific Mitigation Measures: Implementation of the above listed mitigation measures in Impact VIla will reduce potentially significant impacts. Previous-Tiered Mitigation Measures: Continue implementation and required adherence to mitigation measures identified under Impact VIla. Sirmificance: Less than significant. (MND/lnitial Study, pp. 43-44.) Impact (VIId): The proposed project could result in impacts to wetland habitat. Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study. Explanation: As explained above under Impact (VIla), biological resource impacts associated with the proposed project have been the subject of extensive previous environmental review for planned development in the area. (MND/lnitial Study, p. 41; Sunbow EIR, pp. 4-61 - 4-63; Eastlake Greens/Trails Re- Planning PrQgram SEIR, pp. 93 - 94; Otay Ranch GDP EIR, pp. 3.3-1 to 3.3-176,4.9.4-1 to 4.9.4- 26; Otay Ranch SPA One E1R, pp. 4.3-1 to 4.3-46.) The same analysis discloses that 49 implementation of the proposed project would not result in any potentially significant impacts on biological resources within the portion of the alignment crossing the Eastlake properties and that any such impacts associated with the Sunbow properties have been fully mitigated. (MND/Initial Study, pp.41-42.) As regards wetlands impacts on the Otay Ranch SPA One portion of the proposed alignment, the MND/Initial Study discloses, based on a detailed technical report prepared by Merkel & Associates, Inc., dated January 26, 1999, that grading and construction of the roadway will impact a total of7. 91 acres of Water of the United States, consisting of 4.29 acres of disturbed herbaceous wetland, 2.04 acres of coastal freshwater marsh, 0.50 acres of mule fat scrub, 0.06 acres of southern willow scrub, and o.os acres of riparian woodland. (MND/Initial Study, pp. 47, 44-4S.) The MND/Initial Study provides that wetlands impacts will be mitigated to below a level of significance, as set forth in detail below, through the creation of wetland habitat within the new, larger drainage to be located on the north side of Olympic Parkway. (MND/lnitial Study, p. 48.) As proposed, the 7.91 acres of jurisdictional waters will be off-set by the creation of9.28 acres of wetlands on-site. Overall, the mitigation wetlands are expected to provide greater functions and values than most of the existing wetlands within the project site. (MND/Initial Study, pp. 48-49.) The proposed project is consistent with and is contemplated by the Otay Ranch SPA One development and the Otay Ranch General Development Plan. The Otay Ranch SPA One disclosed that implementation of the plan, of which the proposed roadway extension is a part, would result in wetlands impacts to Poggi Canyon. (Otay Ranch SPA One EIR, pp. 4.3-15, 4.3-6, Figure 4.3-2, 4.3- 13, Figure 4.3-4.) In adopting the Otay Ranch SPA One Plan and certifying the EIR, the City concluded such impacts could be mitigated to below a level of significance. (See Otay Ranch SPA One EIR, pp. 4.3-42 through 4.3-43, 4.3-43 through 4.3-4S (Discussion).) As a result, the wetlands impacts associated with the Olympic Parkway Extension are not peculiar to the project. Moreover, such impacts were adequately addressed in the Otay Ranch SPA One EIR. Implementation of mitigation measures from the Otay Ranch SPA One development for wetlands impacts, along with the other mitigation measures listed below and under Impact Vila will ensure such impacts are fully mitigated. Project-Specific Mitigation Measures: Implementation of the following mitigation measures, taken from the SPA One EIR, will reduce potentially significant impacts: Wetland Permits . Impacts to Waters of the U.S. such as those located within por.tions of Poggi Canyon, will require a permit from the U.S. Army Corps of Engineers for the discharge of dredged or fill material pursuant to Section 404 of the federal Clean Water Act. Water Quality Certification (pursuant to Section 401 of the federal Clean Water Act) will also be necessary from the California Water Quality Control Board. Additionally, under the so - ~~-_.~.---._._.-----_..--.~.---- California Department ofFish and Game Code Section 1600, any obstruction, diversion, or alteration to any stream, streambed, adjacent riparian habitat, and sometime contiguous upland habitat requires an agreement with the California Department of Fish and Game. Impacts occurring within the project area will require a 160 I agreement. Wetland Miti!!:ation . Wetland impacts will be mitigated through the creation of wetland habitat within the new, larger drainage to be located on the north side of Olympic Parkway. A conceptual wetland mitigation plan has been prepared for the proposed project, and is included as part of the U.S. Army Corps of Engineers Section 404 Permit. The proposed wetland mitigation site occurs adjacent to Olympic Parkway within the reconstructed Poggi Canyon channel. As proposed, the 7.91 acres of jurisdictional waters will be off-set by the creation of9.28 acres ofwedands. The goal of the revegetation effort is to create a multi-layered willow riparian woodland and mulefat scrubland with freshwater marsh habitat components interspersed with willow woodlands along the central core of the reconstructed Poggi Canyon channel. The mitigation proposed excludes all hard structures, roadway crossings, maintenance areas, and utility alignments crossing the channel, although these areas are expected to develop similar wetland functions and values between period of maintenance and would contribute to the overall function of the system. Table 2 depicts the impact acreage and proposed wetland mitigation for the project. Attachment C depicts a typical section of the mitigation concept. Overall, the mitigation lands are expected to provide . greater functions and values than most of the existing wetlands within the project site. Previous-Tier Mitigation Measures: Continue implementation and required adherence to mitigation measures identified under Impact VIla. Sirmifìcance: Less than significant. Impact (Vile): The proposed project would not result in impacts to wildlife dispersal or migration corridors. Finding: No mitigation measures are required because the impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § IS091.) Explanation: The MND/Initial Study explains that, even though the Otay Ranch SPA One EIR identified Poggi SI Canyon as a local corridor for target mammal species and as a regional corridor for the coastal California gnatcatcher and cactus wren, the canyon does not presently function as an effective wildlife corridor. (See MNDllnitial Study, pp. 41-42.) Poggi Canyon does not function as a wildlife corridor due to its topographical separation from Salt Creek and Wolf canyons (except for two shallow passes) and the presence of agricultural land and other development at its eastern and western termini. Poggi Canyon therefore does not link two or more patches of habitat and, by definition, is therefore not a functional wildlife corridor. Therefore, development impacts associated with the SPA One Plan, including the proposed project, will not result in adverse impacts on wildlife corridor functionality. (MND/lnitial Study, p. 42; Otay Ranch SPA One ElR, pp. 4.3-36 to 4.3-37.) Project-Specific Mitigation Measures: Implementation of the above listed mitigation measures in Impact VIla will reduce potentially significant impacts. Previous-Tier Mitigation Measures: Continue implementation and required adherence to mitigation measures identified under Impact VIla. Sifmificance: Less than significant Impact (VIIi): The proposed project could result in potential conflicts with regional habitat preservation planning efforts. Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study. Explanation: Potential impacts on regional habitat planning efforts will, in fact, be less than significant. (MND/Initial Study, pp. 41, 48.) The City of San Diego and the United States Fish & Wildlife Service certified ajoint EIR/EIS for the San Diego Multiple Species Conservation Program (MSCP) in the Spring of 1997. The MSCP defines a Multiple Habitat Planning Area (MHP A) within which an open space preserve is ultimately to be assembled, primarily for the conservation of biological resources within southwestern San Diego County. Consistent with the MSCP, in October 1997, San Diego County adopted a south county sub-regional plan. The MSCP adopted by the City of San Diego and USFWS, and the South County MHPA adopted by the Board of Supervisors, each contemplate development of in Poggi Canyon, including the Olympic Parkway extension. The City 52 of Chula Vista expects to adopt its own component of the MSCP later this year. Previous ErRs prepared and certified by the City for planned development by the City in the vicinity of the proposed project concluded that no impacts would result from potential conflicts between the MSCP and the development planned by the City, including the Olympic Parkway extension project. (Otay Ranch SPA One ErR, pp. 4.1-11 to 4.1-13, 4.3-41 to 4.3-42; Eastlake EIR, pp. 92-93.) Open space planned within Otay Ranch is considered by the wildlife agencies to be an integral component ofthe MHP A and, as part of the planning effort for the MSCP, the wildlife agencies and Otay Ranch landowner(s) conducted negotiations to determine the appropriate configuration of open space on Otay Ranch to achieve consistency with the goals of the MSCP. Those negotiations concluded with an agreement executed by the wildlife agencies on February 22, 1996. The agreement resulted in changes in the Otay Ranch preserve configuration ITom that delineated in the Otay Ranch GDP approved on October 23, 1993. The agreement contemplates development in Poggi Canyon, including the Olympic Parkway, and the resulting loss of habitat, in exchange for open space in the Proctor Valley and San Y sidro Mountain parcels (MND/Initial Study, p. 48.) The agreement, in conjunction with the analysis in the Otay Ranch SPA One EIR, establishes that potential conflicts with regional habitat planning efforts will be fully mitigated and less than significant. (Otay Ranch SPA One EIR, pp. 4.1-11 to 4.1-13, 4.3-41 to 4.3-42.) Required compliance with and adherence to the mitigation measures set forth below under the Biologic Resources Mitigation heading will further ensure that impacts will be fully mitigated. Project-Specific Mitigation Measures: Implementation of the above listed mitigation measures under Impact VIla will reduce potentially significant impacts. Previous-Tier Mitigation Measures: Continue implementation and required adherence to mitigation measures identified under Impact VIla. Si¡mificance: Less than significant. H. ENERGY AND MINERAL RESOURCES Impact (VIlla): The project will not conflict with energy conservation plans. (MND/Initial Study, p. 49.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. 53 Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project involves construction of a roadway and will not involve excessive use of non- renewable resources and therefore will not conflict with adopted energy conservation plans. (MND/Initial Study, p. 49.) The previous EIRs for planned development in the area also do not identity any potential impact from the proposed project with respect to conflicts with energy conservation plans. (Otay Ranch GDP EIR, pp. 3.13-74 to 3.13-76, 4.9.14-6.) Sif!nificance: Less than significant (MND/Initial Study, p. 49.) Impact (VIIIb): The project will not result in the use of non-renewable resources in a wasteful and inefficient manner. (MND/Initial Study, p. 49.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The project will require fuel, steel, and aggregate materials for construction. However, the operation of the roadway will require only minimal use of energy for roadway lighting purposes, and will not result in the use of non-renewable resources in a wasteful and inefficient manner. The project will be coordinated with grading of adjacent areas, to be utilized for borrow material, which will reduce length of trips from other regions. (MND/Initial Study, p. 49.) The previous ErRs for planned development in the vicinity of the proposed project similarly do not identify any impacts from the proposed project with respect to the use of non-renewable resources in a wasteful and inefficient manner. (Otay Ranch GDP EIR, pp. 3.13-74 to 3.13-76, 4.9.14-6.) Sif!nificance: Less than significant. (MND/Initial Study, p. 49.) Impact (VIIIc): The project will not impact a mineral resource protection area. (MND/Initial Study, p. 49.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) 54 Explanation: The project site is not designated for mineral resource protection. (MND/lnitial Study, p. 49.) As a result, no potentially significant impacts associated with mineral resources will result. Similarly, the previous EIRs prepared for planned development in the vicinity of the proposed project do not identify any potential impacts associated with the proposed project and impacts on mineral resources. (Otay Ranch GDP EIR, pp. 3.8·1 to 3.8-12, 4.9.9-1 to 4.9.9-2.) Sifmificance: Less than significant. (MND/lnitial Study, p. 49.) IX. HAZARDS Impact (IXa): The project will not result in a risk of accidental explosion or release of hazardous substances. (MND/Initial Study, p. SO.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 1S091.) Explanation: The proposed project will not result in the use of hazardous substances and no impact to this issue is anticipated. While vehicles transporting hazardous waste may utilize the proposed roadway, such use will not significantly increase the risk of release of hazardous substances, as drivers will be required to comply with federal, state, and local regulations related to the handling and use of hazardous materials. The use of hazardous materials in the grading and construction of the proposed roadway will also be subject to compliance with applicable federal, state, and local regulations. The project will not result in impacts associated with a risk of accidental explosion or release of hazardous substances that is peculiar to the project. (MND/lnitial Study, p. SO.) Previous EIRs for planned development in the area similarly do not identify a specific impact associated with the proposed project. (MND/Initial Study, p. SO.) To the extent such impacts could result with respect to such planned development, the previous EIRs prepared and certified for such planned development adequately addressed the issue. (Otay Ranch GDP EIR, pp. 3.14-1 to 3.14-3, 4.9.1S-1 to 4.9.1S-2; Otay Ranch SPA One EIR, pp. 4.14-1 to 4.14-6.) Si!!nificance: Less than significant. (MND/Initial Study, p. SO.) 55 Impact (IXb.): The project will not interfere with an emergency response plan. (MND/lnitial Study, p. SO.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The project will create an additional roadway to be utilized as part of an emergency response or evacuation plan, potentially enhancing rather than interfering with such plans. (MND/1nitial Study, p. SO.) Previous ErRs prepared and certified for planned development in the vicinity of the proposed project do not identifY impacts associated with emergency response plans that are peculiar to the project. (MND/Initial Study, p. SO.) To the extent such impacts are associated with planned development in the vicinity of the proposed project, those impacts are adequately addressed in the previous ErRs. (Otay Ranch GDP ErR, pp. 3.14-1 to 3.14-3, 4.9.14-3 to 4.9.14-4; Otay Ranch SPA One ErR, pp. 4.14-3 to 4.14-6.) Sirmificance: Less than significant (MND/lnitial Study, p. SO.) Impact (IXc): The project will not create any health hazard. (MND/rnitial Study, p. 50.) Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § IS091.) Explanation: The proposed project is a roadway, and will not create any health hazard or potential health hazard. (MND/Initial Study, p. SO.) Similarly, previous EIRs prepared and certified for planned development in the area do not identifY such an impact that is peculiar to the proposed project. (MND/Initial Study, pp. SO-S1.) To the extent previous ErRs prepared and certified for planned development in the area identified impacts associated with health hazards, such impacts were adequately addressed in the previous EIRs. (Otay Ranch GDP EIR, pp. 3.14-1 to 3.14-3, 4.9.IS-1 to 4.9.1S-2; Otay Ranch SPA One EIR, pp. 4.14-1 to 4.14-6.) Sifmificance: Less than significant (MND/lnitial Study, p. SO.) S6 Impact (IXd): The project will not expose people to existing sources of potential health hazards. (MND/lnitial Study, p. 50.) Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § IS091.) Explanation: No known health hazards exist in the vicinity of the project site. Therefore, the project will not result in the exposure of people to existing sources of potential health hazards. (MND/Initial Study, p.50.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project (MND/Initial Study, pp. 50-S1 .) To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with the exposure of people to existing health hazards, such impacts were adequately addressed in the previous EIRs. (Otay Ranch GDP EIR, pp. 3.14-2 to 3.14-4, 4.9.IS-1 to 4.9.1S-2; Otay Ranch SPA One ErR, pp. 4.14-1 to 4.14-6.) Sifmificance: Less than significant. (MND/Initial Study, p. 50.) Impact (IXe): The project will have not increase fire hazards in the area. (MND/Initial Study, p. SO.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § IS091.) Explanation: The proposed project will not result in a significant increase in fire hazards associated with flammable brush, grass, or trees. The project will not introduce fire into significant stands of vegetation. Any increase in the potential for fire hazards on-site will be reduced to a less than significant level through compliance with the City's brush management requirements. The specific requirements for the proposed roadway will be developed through consultation with City fire departments during subsequent design phases. The City's NCCP 4( d) permit requires thinning and pruning of fire management zones rather than clearing and grubbing. (MND/lnitial Study, p. SO.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project (MND/Initial Study, pp. 50-SI.) To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with increased fire hazards, such impacts were adequately addressed in the previous EIRs. S7 (Otay Ranch GDP EIR, pp. 3.13-43 to 3.13-49, 3.14-2 to 3.14-4, 4.9.15-1 to 4.9.15-2; Otay Ranch SPA One ErR, pp. 4.13-35 to 4.13-40, 4.14-1 to 4.14-6; Sunbow EIR, p. 4-14; Eastlake Greens/Trails Re-Planning Program SEIR, p. 180.) Project-Specific Mitigation Measures: Compliance with the City's brush management requirements. (MND/Initial Study, p. 50.) Silmificance: Less than significant. (MND/lnitial Study, p. 50.) J. NOISE Impact (Xa): The project will contribute to increased noise levels in the area. (MND/Initial Study, p. 52.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study. (MND/Initial Study, p. 52). Explanation: The proposed project will result in increased noise levels in the project area during grading, construction and operation. Grading and construction will involve the use of graders, scrapers, bulldozers, excavators, backhoes, front-end loaders, pavers, and heavy trucks. Construction noise will be temporary in nature and will be reduced to a less than significant level with implementation noise mitigation measures intended to prevent noise levels from rising above the City's threshold for what is acceptable. (MND/Initial Study, p. 52.) Operation ofthe roadway will also result in increased noise levels as a result of the introduction of vehicular traffic in the area. These impacts are not peculiar to the proposed project and have been adequately addressed in previous ErRs prepared and certified for planned development in the vicinity of, and including, the proposed project. (MND/Initial Study, p. 52.) Noise impacts associated with existing and planned development in the vicinity of the project have been the subject of extensive previous environmental review. (Otay Ranch GDP EIR, pp. 3.12-1 to 3.12-33; Otay Ranch SPA One EIR, pp. 4.12-1 to 4.12-31; Sunbow EIR, p. 4-43; Eastlake Greens/Trails Re-Planning Program SErR, p. 126.) That analysis provides a sufficient level of detail to adequately address the impacts peculiar to the proposed project. Continued implementation of and required adherence to the mitigation measures identified in the previous ErRs for potentially significant noise impacts, which are set forth below, will further ensure that such impacts associated 58 with the proposed project will be fully mitigated. Project-Specific Mitigation Measures: Implementation of prior-tier mitigation measures listed below. (MND/Initial Study, p. 52.) Prior-Tier Mitigation Measures: The following previously implemented mitigation measures from prior EIRs will further reduce potentially significant impacts. I. During construction and grading the following measures shall be complied with: . Grading and construction shall be limited to Monday through Saturday between the hours of 7a.m. and 5p.m. . All grading and construction equipment shall be equipped and maintained with effective muffler systems, subject to the approval of the City Engineer. Muffler systems shall conform to the Environmental Protection Agency's Noise Control Program (Part 204 of Title 40, Code of Federal Regulations). . Construction equipment shall be located as far away from existing residential uses as practical. (Otay Ranch SPA One EIR, pp. 4.12-29 - 4.12-30) Sifmificance after MitÍ!!Ution: Less than significant (MNDlInitial Study, p. 52; Otay Ranch SPA One EIR, pp. 4.12-30 - 4.12-31; Eastlake Greens/Trails Re-Planning Program SEIR, p. 138.) Impact (Xb): The project could potentially contribute to severe noise levels in the area. (MND/Initial Study, p. 52.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MNDlInitial Study. (MND/1nitial Study, p. 52). Explanation: 59 Prior EIR' s identified potential impacts associated with traffic noise. Based on the previous-tier mitigation measures set forth below, those EIR's concluded the impact would be reduced to below a level of significance. (Sunbow ErR, pp. 4-48 - 4-51;Otay Ranch SPA One ErR, pp. 4.12-30- 4.12-31; Eastlake Greens/Trails Re-Planning Program SEIR, p. 138.) Operation of the roadway will also result in increased noise levels as a result of the introduction of vehicular traffic into the area. The increase in noise levels in the project area generated by vehicular traffic associated with future land development projects described in earlier referenced EIRs would impact future development along the corridor; however the developments that will be abutting the roadway have been planned to avoid significant noise level impacts. (MND/rnitial Study, p. 52.) Project-Specific Mitigation Measures: Developments that will be abutting the roadway have been planned to avoid significant noise level impacts. See prior-tier mitigation measures below. (MND/lnitial Study, p. 52.) Prior-Tier Mitigation Measures: The following previously implemented mitigation measures from prior EIRs will further reduce potentially significant impacts. 2. Noise barriers shall be provided where residential unmitigated noise levels will exceed 65 dBA CNEL/Ldn. This barrier shall be a minimum 6 foot high solid barrier placed at minimum setback line where possible. The barrier can be a 6' masonry wall, 6' earthen berm, or other suitable material to provide noise attenuation (i.e.,plexiglass). Landscaping shall be utilized on or adjacent to the wall as determined to be appropriate by the Planning Department to minimize visual impacts of the walL 3. Prepare a site specific noise study prior to construction to determine the potential impacts of the roadway adjacent uses. 4. Long term mitigation will take place in the form of noise barriers on site. (Otay Ranch SPA One ErR, pp. 4.12-29 - 4.12-31) . Long term mitigation will take place in the form of noise barriers on site, as well as construction of homes with noise attenuating materials to achieve an interior 45dB(A). (Eastlake Greens/Trails Re-Planning Program SEIR, p. 138.) Sifmificance: Less than significant. (MND/rnitial Study, p. 52.Sunbow EIR, p. 4-51;Otay Ranch SPA One EIR, pp. 4.12-30 - 4.12-31; Eastlake Greens/Trails Re-Planning Program SEIR, p. 138.) 60 K. PUBLIC SERVICES Impact (XIa): The project will not cause an increase in fire protection services. (MND/Initial Study, p. 54.) Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project will not generate an increase in dwelling units or population in the project area. Therefore, the proposed roadway will not result in a need for new or altered fire protection facilities or services. (MND/Initial Study, p. 54.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project. (MND/Initial Study, pp. 53-54.) To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with increased need for fire protection services, such impacts were adequately addressed in the previous EIRs. (Otay Ranch GDP EIR, pp. 3.13-43 to 3.13-47; Otay Ranch SPA One EIR, pp. 4.13-35 to 4.13-40; Sunbow EIR, p. 4-14; EastIake Greens/Trails Re-Planning Program SEIR, p. ISO.) Silmificance: Less than significant (MND/lnitial Study, p. 54.) Impact (XIb): The project will not cause an increase in police services. (MND/lnitial Study, p. 54.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project will not generate an increase in dwelling units or population in the project area. Therefore, the proposed roadway will not result in a need for new or altered police protection facilities or services. (MND/Initial Study, p. 54.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project (MND/lnitial Study, pp. 53-54.) To the extent previous ErRs prepared and certified for planned development in the area identified impacts associated with increased need for law enforcement-related services, such impacts were adequately addressed in the previous EIRs. (Otay RanchGDPEIR,pp. 3.13-37to 3.13-43; Otay Ranch SPA One EIR,pp. 4.13-31 t04.13-35; Sunbow 61 ErR, p. 4-15; Eastlake Greens/Trails Re-Planning Program SEIR, p. 180.) SÎimificance: Less than significant. (MND/rnitial Study, p. 54.) Impact (XIc): The project will not cause a need for new or altered schools. (MND/Initial Study, pp. 53-54.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project will not generate an increase in dwelling units or population in the project area. Therefore, the proposed roadway will not result in a need for new or altered school facilities or services. (MND/InitiaI Study, p. 54.) Similarly, previous ErRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project (MND/Initial Study, pp. 53-54.) To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with increased need for new or altered schools, such impacts were adequately addressed in the previous ErRs. (Otay Ranch GDP EIR, pp. 3.13-49 to 3.13-59; Otay Ranch SPA One ErR, pp. 4.13-18 to 4.13-24; Sunbow ErR, p. 4-23; Eastlake Greens/Trails Re-Planning Program SErR, pp. 173-177.) Sirmificance: Less than significant. (MND/Initial Study, p. 54.) Impact (XId): The project will cause less than significant impacts to public maintenance services. (MND/Initial Study, p. 54.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project involves the construction of a new roadway which would require both regular and emergency maintenance. The project will therefore result in the need for an expansion of public services to maintain the roadway. The degree to which maintenance services would need to be expanded would be less than significant, however, as construction of the roadway has been identified as part ofthe City's General Plan and Growth Management Plan forecasts. The City will be able to 62 provide an adequate level of roadway maintenance service to this roadway. (MND/lnitial Study, p. 54.) Previous EIRs prepared for planned development in the area also concluded impacts associated with maintenance of public facilities could be fully mitigated. To the extent previous ErRs prepared and certified for planned development in the area identified impacts associated with public services, such impacts are adequately addressed in the previous EIRs. (Otay Ranch GDP EIR, pp.3. 13-1 to 3. 13-92; Otay Ranch SPA EIR, pp. 4.13-1 to 4.13-49; Eastlake Greens/Trails Re-Planning Program SErR, p.46) SÌfmificance: Less than significant. (MND/Initial Study, p. 54.) Impact (Xle): The project will not cause a need for any other governmental services. (MND/Initial Study, pp. 53-54.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project will not result in a need for any other new or altered governmental services because the project will not generate an increase in dwelling units or population. (MND/Initial Study, p. 54.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project. (MND/lnitial Study, pp. 53- 54.) To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with increased need for governmental services, such impacts were adequately addressed in the previous ErRs. (Otay Ranch GDP EIR, pp. 3.13-1 to 3.13-92; Otay Ranch SPA One EIR 4.13-1 to 4.13-49.) Sifmificance: Less than significant. (MND/Initial Study, p. 54.) L. THRESHOLDS Impact (XIIa): The project will not adversely impact Fire/EMS thresholds. (MND/Initial Study, p. 54.) Finding: Under CEQA, no mitigation measures are required for impacts that are less than significant. (Pub. 63 Resources Code, § 21002; CEQA GuideJines, § ]5091.) Explanation: The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista Threshold Standards for FirelEMS. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is approximately 4 miles away and would be associated with a 4 to 7 minute response time (Rod Hastie - Chula Vista Fire Department). The proposed project will comply with this Threshold Standard. (MND/1nitial Study, p. 54.) (See also: Otay Ranch GDP ErR, pp. 3.13-43 to 3.13-49, 3.14-2 to 3.14-4, 4.9.15-1 to 4.9.15-2; Otay Ranch SPA One E1R, pp. 4.13-35 to 4.13-40, 4.14-1 to 4.14-6; Sunbow EIR, p. 4-14; Eastlake Greens/Trails Re-Planning Program SEIR, p. 180.) Si¡mificance: Less than significant (MND/Initial Study, p. 54.) Impact (XIIb): The project will not adversely impact Police thresholds. (MND/1nitial Study, p. 55.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The Threshold Standards require that police units must respond to 84% of Priority I calls within 7 minutes or less and maintain an average response time to ail Priority I calls of 4.5 minutes or less. Police units must respond to 62. I 0% of Priority 2 calls within 7 minutes or less and maintain an average response time to ail Priority 2 calls of? minutes or less (Richard Preuss - Chula Vista Police Department). The proposed project will comply with this Threshold Standard. Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City ofChula Vista Threshold Standards for Police. (MND/1nitial Study, p. 55.) (See also: Otay Ranch GDP EIR, pp. 3.13-43 to 3.13-49,3.14-2 to 3.14-4, 4.9.15-1 to 4.9. 15-2; Otay Ranch SPA One E1R, pp. 4.13-35 to 4.13-40, 4.14-1 to 4.14-6; Sunbow E1R, p. 4-14; Eastlake Greens/Trails Re-Planning Program SE1R, p. 180.) Si¡mificance: Less than significant. (MND/1nitial Study, p. 55.) 64 Impact (XIIc): The project will not adversely impact Traffic thresholds. (MND/lnitial Study, p. 55.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west ofI-80S are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City ofChula Vista Threshold Standards for Traffic. The proposed project will comply with this Threshold Standard as it will improve traffic on the surrounding roadways, specifically, the project will alleviate existing and future projected traffic volumes on Telegraph Canyon Road by providing an additional east-west connection. According to the "Draft Olympic Parkway Roadway and Intersection Phasing Analysis" (BR W Group, July 30,1999), all intersections on Olympic Parkway will operate at LOS D or better with the phased implementation of intersection geometrics as recommended in the report. (MND/Initial Study, p. 55.) Sirmificance: Less than significant (MND/Initial Study, p. 55.) Impact (XIId): The project will not adversely impact Parks/Recreation thresholds. (MND/Initial Study, p. 55.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The Threshold Standard for Parks and Recreation is 3 acres/1 ,000 population. The proposed project will comply with this Threshold Standard. Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista Threshold Standards for Parks/Recreation. (MND/Initial Study, p. SS.) (Otay Ranch GDP EIR, pp. 3.13-63 to 3.13-34; Otay Ranch SPA One EIR, pp. 4.13-24 to 4.13-31.) 6S Sirmificance: Less than significant (MND/lnitial Study, p. 55.) Impact (XIIe): The projectwill not adversely impact Drainage thresholds. (MND/Initial Study, p. 55.) Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista Threshold Standards for Drainage. (MND/Initial Study, p. 55.) Si!!nificance: Less than significant. (MND/Initial Study, p. 55.) Impact (XIIi): The project will not adversely impact Sewer thresholds. (MND/Initial Study, p. 56.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 1509\.) Explanation: The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard simply in that the project itself will not generate a demand for sewer. The project includes the installation of the Poggi Canyon sewer within the roadway, which will serve the proposed developments along the alignment. Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista Threshold Standards for Sewer. (MND/Initial Study, p. 56.) (Otay Ranch GDP EIR, pp. -27 to 3.13-35; Otay Ranch SPA One EIR, pp. 13-10 to 4.13-18.) 66 Sif!nificance: Less than significant. (MND/lnitial Study, p. 56.) Impact (Xllg): The project will not adversely impact Water thresholds. (MND/Initial Study, p. 56.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee otI-set program the City of Chula Vista has in effect at the time of building permit issuance. Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City ofChula Vista Threshold Standards for Water services. (MND/Initial Study, p. 56.) Sirmifìcance: Less than significant. (MND/Initial Study, p. 56.) M. UTILITIES AND SERVICE SYSTEMS Impact palla): The project will cause less than significant impacts on electricity demand. (MND/Initial Study, p. 56.) Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed roadway will utilize electricity for roadway lighting purposes. However the additional demand for electricity generated by the project will be less than significant. (MND/Initial Study, p. 56.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with increased electrical demand, such impacts were adequately addressed in the previous EIRs. (Otay Ranch GDP EIR, pp. 3.13-74 to 3.13-76; Sunbow EIR, p. 4-25.) 67 SiJmifìcance: Less than significant. (MNDJlnitiaJ Study, p. 56.) Impact (XIlIb): The project will have no impact on communication systems. (MND/Initial Study, p. 56.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed roadway will not result in a need for new communications systems, or result in alterations to existing systems. (MND/Initial Study, p. 56.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project. Sifmificance: Less than significant. (MND/Initial Study, p. 56.) Impact (XIlIc): The project will not impact water treatment or distribution systems. (MND/Initial Study, p. 56.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed roadway will not require the use of water treatment or distribution facilities. Therefore, the project will not result in a need for new systems or substantial alterations to local or regional water treatment or distribution facilities. (MND/Initial Study, p. 56.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project. To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with water treatment or distribution systems, such impacts were adequately addressed in the previous EIRs. (Otay Ranch GDP EIR, pp. 3.13-6 to 3.13-26; Otay Ranch SPA One EIR,pp. 4.9-1 t04.9-11,4.13-2 to 4.13-18; SunbowEIR,pp. 4-18, 4-19; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 161- 163.) Si¡mificance: Less than significant (MND/Initial Study, p. 56.) 68 Impact (XIIId): The project will not cause impacts to sewer or septic facilities. (MND/1nitial Study, p. 57.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project will not require sewer or septic facilities for operation as no residential, or non- residential development is proposed as part of the project. Therefore, the project will not result in a need for new systems or substantial alterations to sewer or septic tanks. The project includes the installation of the Poggi Canyon sewer within the roadway, which will serve the proposed developments along the alignment. (MND/Initial Study, p. 57.) Similarly, previous E1Rs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project. To the extent previous ElRs prepared and certified for planned development in the area identified impacts associated with sewer or septic facilities, such impacts were adequately addressed in the previous EIRs. (Otay Ranch GDP EIR, pp. 3.13-27 to 3.13-35; Otay Ranch SPA One EIR, pp. 4.13-13 to 4.13-18; Sunbow EIR, pp. 4-16, 4-17; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 167-173.) Sirmificance: Less than significant. (MND/Initial Study, p. 57.) Impact paIle): The project will cause less than significant impacts on storm water drainage. (MND/Initial Study, p. 57.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that further reduce or avoid the less than significant environmental effects identified in, and in accordance with, the MND/Initial Study. (MND/Initial Study, p. 57.) Explanation: The proposed project will require a storm water drainage system to control surface runoff, as Poggi Canyon will be modified and a new channel will be constructed parallel to the proposed roadway. Impacts to storm water drainage due to increased stormwater flows from the proposed roadway will be less than significant; however, as the drainage control plan for the roadway will address stormwater runoff and drainage controL The final size and design of the detention basin will be determined with preparation of final grading plans and will be designed to accommodate a 100-year frequency storm. Runoff from the portion of the roadway immediately adjacent to the Land Swap 69 parcel located east of SPA One and south ofEastlake Greens will be directed into existing drainage facilities within East1ake Parkway. (MND/lnitial Study, p. 57.) Stormwater drainage impacts associated with existing and planned development in the vicinity of the project has been the subject of extensive previous environmental review. (Otay Ranch GDP EIR, pp. 3.9-12 to 3.9-20; Otay Ranch SPA One ErR, pp. 4.9-5 to 4.9-11.) That analysis provides a sufficient level of detail to adequately address the impacts peculiar to the proposed project. Continued implementation of and required adherence to the mitigation measures identified in the previous EIRs for potentially significant stormwater impacts, which are set forth below, will further ensure that such impacts associated with the proposed project will be fully mitigated. Project-Specific Mitigation Measures: Construction of the new drainage system, which includes a large detention basin in the new drainage channel. (MND/Initial Study, p. 33, 57.) Prior-Tier Mitigation Measures: The following previously implemented mitigation measures from prior EIRs will further reduce potentially significant impacts. · Include the preparation of a comprehensive drainage infrastructure plan for the drainage basin as defined by the appropriate jurisdiction. The specific master drainage plans shall include drainage infrastructure, staging/development detail, timing, financing, and responsibility for drainage impacts. · The impacts associated with inundation shall be quantified by hydrologic and hydraulic studies by a qualified hydrologist for the project applicant at the SPA level when a detailed development plan is available. The hydraulic studies shall demonstrate that the project design meets Title 44 of the Code of Federal Regulations and the County of San Diego and City of Chula Vista floodplain encroachment and engineering standards contained in the appropriate ordinances of each jurisdiction. · At the SPA level, the impacts associated with change in water velocities shall be addressed by detailed hydrologic and hydraulic studies prepared by a qualified hydrologist. · Urban runoff and surface water quality shall be specifically addressed in each SPA plan. At the SPA level, detailed water quality analysis shall be performed and appropriate mitigation measures developed. Amounts of urban runoffloading shall be estimated for metals, herbicides, pesticides, fuels, and surfactant · Best management practices shall be designed and implemented at the SPA Plan level in order to reduce the quantity and improve the quality of surface water runoff. ErRs at the 70 SPA level shaH include analysis of specific BMPs in the categories of reduced pollutant generation, reduced pollutant transport, and treatment of polluted runoff. Specific BMPs that shall be considered at the SPA level include mitigations to reduce impervious surfaces such as grass swales, filter strips, constructed wetlands, detention ponds, infiltration trencheslbasins, replacement of concrete with permeable surface, and the use of natural channels where possible. Mitigations to reduce or prevent pesticide contamination impacts such as Integrated Pest Management, non-use of pesticides along roadways, use of only EP A-approved chemicals and plan of pesticide use around upcoming precipitation events. (Otay SPA One EIR, p. 4.9.10-1.) Sirmificance: Less than significant. (MND/rnitial Study, p. 57.) Impact palIt): The project will not cause impacts to solid waste disposal facilities. (MND/Initial Study, p. 57) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed roadway will not generate solid waste, and therefore will not result in the need for new systems or substantial alterations to solid waste disposal facilities. (MND/lnitial Study, p. 57.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project To the extent previous ErRs prepared and certified for planned development in the area identified impacts associated with solid waste, such impacts were adequately addressed in the previous EIRs. ( Otay Ranch SPA One EIR, pp. 4.13-47 to 4.13-49.) Silmificance: Less than significant. (MND/lnitial Study, p. 57.) N. AESTHETICS Impact (XIVa): The project will result in a less than significant short-term visual impact. (MND/Initial Study, p. 58.) 71 Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that further reduce or avoid the less than significant environmental effects identified in, and in accordance with, the MND/Initial Study. (MND/lnitial Study, p. 58). Explanation: Construction of the proposed roadway will result in short-term visual impacts due to landform alteration and grading operations. Construction and operation of the proposed facility, however, will not obstruct any scenic vista or view open to the public. Short-term aesthetic impacts will be reduced to below a level of significance through continued implementation of and adherence to policies established by the Otay Ranch General Development Plan that relate to visual resources and landform modification which, if applied to construction for the entire length of the proposed roadway, will reduce aesthetic impacts to a less than significant level. (MND/lnitial Study, p. 58.) Aesthetic impacts associated with existing and planned development in the vicinity of the project have been the subject of extensive previous environmental review. (Otay Ranch GDP EIR, pp. 3.2-1 to 3.2-35; Otay Ranch SPA One EIR, pp. 4.2-1 to 4.2-24.) That analysis provides a sufficient level of detail to adequately address the impacts peculiar to the proposed project Continued implementation of and required adherence to the mitigation measures identified in the previous EIRs for potentially significant impacts on aesthetic resources, which are set forth below, will further ensure that such impacts associated with the proposed project will be fully mitigated. Previous-Tier Mitigation Measures: Adherence to the Otay Ranch General Development Plan, which contains policies related to visual resources and landform modification which, when applied to construction for the entire length of the proposed roadway will reduce aesthetic impacts to a less than significant level. (MND/lnitial Study, p. 58.) Otay Ranch General Development Plan Policies and SPA One guidelines to address grading, which are applicable to the proposed project include: · Protection of graded slopes through utilization of proper erosion control measures (i.e. hydro seeding for landscaping of slopes); · Landscaping and design guidelines for the construction ofroads through the project; · The retention of significant landforms as much as possible; · Utilization of grading that simulates the natural topography so that once the landscaping matures, manufactured slopes are not discernible from natural areas; 72 · Utilization of contour grading for all grading that occurs in canyons and on hillsides; · Utilization of proper native and naturalizing landscape techniques to blend graded slopes with natural open space areas; · The preservation of prominent topographic features whenever possible; utilization of varying slope heights; · The modulation oflong slopes; · The protection of natural features such as significant rock outcrops and trees (not applicable to SPA One); · Rounding of the tops and toes of slopes; · When slopes cannot be rounded, vegetation shall be used to alleviate sharp angular appearances; · When significant land forms are modified for project implementation, the land form should be rounded as much as possible to blend into the natural grade; · Manufacture slope faces over 25' shall be varied to avoid excessive "flat-planed" surfaces; · Grading shall be sensitive to significant and/or sensitive vegetation and habitat areas; · To complement landform grading, landform vegetation techniques will be utilized. As in a natural setting, major element of the landscape are concentrated largely in the concave "drainages," while convex portions are planted primarily with ground cover and minor materials. (Otay Ranch GDP EIR, pp. 3.2-32 to 3.2-36, 4.9.3-1 to 4.9.3-2; Otay Ranch SPA EIR, 4.2-9 to 4.2-10.) Compliance with the SPA Plan Design Guidelines involving architectural and site design, lighting, fencing, circulation, and comprehensive grading and landscaping plans, among other techniques would reduce visual impacts to a less than significant leveL (Otay Ranch SPA One ErR, pp. 4.2-9 to 4.2-10; Eastlake Greens/Trails Re-Planning Program SEIR, p. 124; see also, Otay Ranch GDP EIR, pp. 3.2-32 to 3.2-36, 4.9.3-1 to 4.9.3-2.) Sifmificance after Mitir!ation: Less than significant (MND/rnitial Study, pp. 58-59.) 73 Impact (XIVb.): The project will not cause impacts to any scenic route. (MND/lnitial Study, p. 58) Finding: No mitigation measures are required for impacts that are less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project will not affect a scenic route. (MND/lnitial Study, p. 58.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project. To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with scenic routes, such impacts were adequately addressed in the previous ErRs. (Otay Ranch GDP EIR, pp. 3.2-20 to 3.2-36; Otay Ranch SPA One EIR, pp. 4.2-1 to 4.2-24.) Sifmificance: Less than significant. (MNDlInitial Study, p. 58.) Impact (XIV c.): The project will not create a demonstrable negative effect. (MNDlInitial Study, p. 58) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project will not create a demonstrable negative effect. (MND/lnitial Study, p. 58.) Sifmificance: Less than significant (MND/lnitial Study, p. 58.) Impact (XIV d): The project will cause less than significant light and glare impacts. (MND/Initial Study, p. 58) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) 74 Explanation: The proposed project will result in the creation of a small amount oflight and glare originating ITom lighting along the roadway and vehicles. However, the amount oflight and glare introduced by this roadway will not significantly increase the level oflight glow in the project area or cause the project to fail to comply with Chula Vista outdoor lighting requirements. (MND/Initial Study, p. 58.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project. To the extent previous ErRs prepared and certified for planned development in the area identified impacts associated with light and glare, such impacts were adequately addressed in the previous ErRs. (Otay Ranch GDP ErR, pp. 3.2-15 to 3.2- 20, 3.2-25 to 3.2-36, 4.9.3-1 to 4.9.3-2; Otay Ranch SPA One EIR, pp. 4.2-2 to 4.2-24.) Sifmificance: Less than significant. (MND/Initial Study, p. 58.) Impact (XIV e): The project will not have a significant spil1light impact in the project area. (MND/rnitial Study, p. 58.) .Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that further reduce or avoid the less than significant environmental effects identified in, and in accordance with, the MND/Initial Study ( p. 58). Explanation: The proposed project will not have a significant spill light impact in the project area. The project traverses several large, comprehensively planned communities. Each planned community document recognizes the future construction of the roadway and has been planned with proper setbacks and landscaping to address compatibility issues associated with the future roadway. While the project will involve road lighting and additional light will be generated by headlights, the impact to this issue is not considered significant. All project lighting must comply with lighting standards of Section 19.66.100 of the Chula Vista Municipal Code, Title 19. (MND/1nitial Study, p. 58; Otay Ranch GDP EIR, pp. 3.2-15 to 3.2-20, 3.2-25 to 3.2-36, 4.9.3-1 to 4.9.3-2; Otay Ranch SPA One EIR, pp. 4.2-2 to 4.2-24.) Project-Specific Mitigation Measures: Project lighting shall comply with lighting standards of Section 19.66.100 of the Chula Vista Municipal Code, Title 19. (MND/Initial Study, pp. 58-59.) SÙznificance after Miti~ation: Less than significant. (MND/Initial Study, p. 58.) 75 O. CULTURAL RESOURCES Impacts (XVa&b): The project could significantly impact a cultural resource site. (MND/Initial Study, p. 60.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study (pp. 60-61). Explanation: A review of existing archaeological information was undertaken to establish the level of previous study with the Area of Potential Effect (APE) for the Olympic Parkway proposed alignment and associated borrow areas. Within the project APE, where surveys have been completed, 11 archaeological sites have been recorded. Ten of these sites, SOl-4258, SOl-II, 387H, SOl-I 2,466, SDI-13,867, SOl-13,868, SOl-13,869, SDI-13,870, SDI-12,465, SOl-12,771H and SDI-13,865 have been tested and found to be not significant. Based on the information derived from various archaeological studies, the APE for the project will include 10 non-significant and one significant cultural resources. The significant site, SOl-13,872H is important under CEQA criteria for the information potential contained in the deposit of historic artifacts at the site. Destruction of the site during grading will be a significant adverse impact. (MND/Initial Study, p. 60.) The Otay Ranch SPA One ErR previously identified project-specific impacts with respect to SOl- 13,872H as potentially significant, but mitigable to a level below significance. (Otay Ranch SPA One ErR, pp. 4.4-12, 4.4-14.) Accordingly, the Otay Ranch SPA One EIR adequately addressed the project-specific impacts associated with this resource. Required compliance with the previous-tier mitigation, as set forth below, for impacts on SOl-13,872H will further ensure the impacts are fully mitigated. Project-Specific Mitigation Measures: The proposed grading for Olympic Parkway will result in a direct adverse impact to SOl-13,872H. In order to reduce the impacts to a level below significant, measures must be implemented prior to grading to mitigate the adverse impacts. Ideally, the mitigation of impacts to significant cultural resources is always avoidance of the resource through project redesign. Because the alignment for the roadway is fixed, the only viable measure to mitigate the potential impacts to SOl-13,872H is the recovery of sufficient artifacts and mitigation from the significant deposit to exhaust the research potential of the site. Therefore, to mitigate the adverse direct impacts to SOl-13,872H, a data recovery program will be necessary. 76 As a condition of approval for the road project, the mitigation of impacts to cultural resources should include a requirement for a data recovery program at SDI-13,872H. The requirement should include a statement that a research design should be prepared and submitted to the City ofChula Vista. This research design will serve as a guide for the excavations at the site and for the research effort needed to reduce the significance of impacts by exhausting the research potential of the site. Generally, the research design will include discussions of the general plan to recover data from the historic deposit, the quantity and locations of excavations, the types of field work needed to successfully recover data, the types of laboratory analyses to be conducted, preservation techniques for historic artifacts, and procedures to be implemented to conduct the field work and to deal with special situations that may arise, such as encountering foundations or other features. The research design will include the specific research questions or directions of research that will be applied to the information generated by the recovery effort. All of the information from the fieldwork, laboratory analysis, and research will be presented in a technical report to the City. The tasks of the research design are noted below: · Preparation of a research plan that explicitly provides research questions that can reasonably be expected to be addressed by excavation, or historic research and documentation, and subsequent analysis of collected data. · A statement of the .types of data that can reasonably be expected to be recovered from the site or from historic research, or both, and how that information will be used to address the research orientation. · A step-by-step discussion of field, laboratory, and/or archival research methods to be employed. This will include the archaeological sampling strategy, or method of documentation in the case of historic sites, methods of excavation, specialized studies to be employed, laboratory techniques, and methods for the synthesis and interpretation of recovered data. · Provisions for the permanent curation of recovered artifacts, photographs, notes, documents, and other related materials must be clarified. A memorandum of agreement with an appropriate institution may be necessary to formalize the curation plan in accordance with state and local mandates. · Site-specific mitigation recommendations must be accompanied with a requirement that archaeological monitoring of all grading and excavations associated with the construction of the new roadway is necessary in order to identifY any masked or buried cultural resources. Should previously undocumented cultural resources be encountered during the monitoring program, significance testing and mitigation of impacts to significant resources would be required as appropriate. (MND/lnitial Study, p. 61.) 77 Previous-Tier Mitigation: Adherence to previous-tier mitigation, as set forth below, for impacts on SDI-13,872H will further ensure the impacts are fully mitigated. · Prior to the issuance of grading permits for the portion of SPA One that would impact SDI- 13,872H, a research design shall be prepared by a county certified archaeologist, and submitted to the City of Chula Vista for review and approval. The research design shall discuss the data recovery program at the site to be impacted, and shall outline the research approach and objectives to be pursued during the further investigation of the site. Any other management actions, such as site capping or project redesign or avoidance shall also be discussed in detail, and specific procedures for implementation shall be noted. Compliance with this measure shall be verified by the City of Chula Vista. · All brushing and grading within the SPA-One Project shall be monitored. The monitoring of the brushing and grading shall be conducted by one or more archaeologists, as dictated by the size of the grading operation. All utility excavations, road grading, and brush removal shall be coordinated with the archaeological monitor. Any resources which are graded shall be intensively monitored during grading to ensure that any important features, isolates, or deposits are either recorded and collected or excavated. Should any resources be encountered during the monitoring ofthe brushing or grading which were not previously recorded, the grading shall be temporarily stopped or redirected to another area while the nature of the discovery is evaluated. Any resources that may be encountered shall require testing to determine their significance. If the testing demonstrates that a resource is significant, then a data recovery program will be necessary. The data recovery program shall follow the same format as described in Mitigation Measure I in the FEIR at page 4.4-14. (Otay Ranch SPA One EIR, p. 4.4-14.) SifZnificance after Mitifwtion: Less than significant (MND/lnitial Study, p. 61.) Impact (XVc): The project will not impact existing unique ethnic cultural values. (MND/Initial Study, p. 60) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § 15091.) 78 Explanation: The proposed roadway will not cause physical change which would affect unique ethnic or cultural values. (MND/lnitial Study, pp. 60-61.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with existing unique ethnic cultural values, such impacts were adequately addressed in thepreviousEIRs. (OtayRanch GDP EIR,pp. 3.4-1 to 3.4-47, 4.9.S-1 to4.9.S-IO; Otay Ranch SPA One EIR, pp. 4.4-1 to 4.4-16; Eastlake Greens/Trails Re-Planning Program SEIR, p. 139.) Project Specific Mitigation Measures: Mitigation measures under Impact (XV a&b) will further ensure any potential impacts are fully mitigated. Previous-Tier Mitigation: Mitigation measures under Impact (XV a&b) will further ensure any potential impacts are fully mitigated. Siflnificance: Less than significant. (MND/Initial Study, p. 60) Impact (XVd): The project will not impact existing religious or sacred uses. (MND/Initial Study, p. 60) Finding: No mitigation measures are required because the potential impact is less than significant (Pub. Resources Code, § 21002; CEQA Guidelines, § IS091.) Explanation: No known religious or sacred uses currently take place on or immediately adjacent to the project site. Therefore, the proposed project will not restrict such uses. (MND/Initial Study, p. 60.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with existing religious or sacred uses, such impacts were adequately addressed in the previous EIRs. (Otay Ranch GDP EIR, pp. 3.4- I to 3.4-47, 4.9.S-1 to 4.9.S-10; Otay Ranch SPA One ErR, pp. 4.4-1 to 4.4-16.) 79 Project Specific Mitigation Measures: Mitigation measures under Impact (XV a&b) will further ensure any potential impacts are fully mitigated. Previous-Tier Mitigation: Mitigation measures under Impact (XV a&b) will further ensure any potential impacts are fully mitigated. Sifmificance: Less than significant (MND/lnitial Study, p. 60.) Impact (XVe): The project area could potentially be an area considered "high potential" for archeological resources. (MND/Initial Study, p. 60.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study (pp. 60-61). Explanation: Within the project APE, where surveys have been completed, II archaeological sites have been recorded. Ten ofthese sites, SOI-4258, SOl-II, 387H, SOI-12,466, SOI-13,867, SOI-13,868, SOI- 13,869, SOI-13,870, 801-12,465, SOI-12,771H and SOI-13,865 have been tested and found to be not significant. Based on the information derived from various archaeological studies, the APE for the project will include lOnon-significant and one significant cultural resources. The significant site, SOI-13,872H is important under CEQA criteria for the information potential contained in the deposit of historic artifacts at the site. Destruction of the site during grading will be a significant adverse impact. (MND/Initial Study, p. 60; Otay Ranch GDP EIR, pp. 3.4-1 to 3.4-47, 4.9.5-1 to 4.9.5-10; Otay Ranch SPA One EIR, pp. 4.4-1 to 4.4-16.) Project-Specific Mitigation Measures: Implement mitigation measures listed above under Impact XVa&b. (MND/Initial Study, p. 61.) Previous-Tier Mitigation Measures Implement mitigation measures listed above under Impact XVa&b. Sifmificance after Mitifwtion: Less than significant. (MND/Initial Study, p. 61.) 80 P. PALEONTOLOGICAL RESOURCES Impact (XVIa): The project could potentially significantly impact paleontological resources. (MND/lnitial Study, p. 62.) Finding: Changes or alterations have been required in, or incorporated into, the Olympic Parkway Extension Project that reduce or avoid the potentially significant environmental effects identified in, and in accordance with, the MND/Initial Study ( p. 62). Explanation: The MND/Initial Study explains that the proposed project site, in conjunction with previous environmental analysis for planned development in the area, has been the subject of extensive analysis. (MND/Initial Study, p. 62; Otay Ranch GDP ErR, pp. 3.6-1 to 3.6-18, 4.9.7-1 to 4.9.7-2; Otay Ranch SPA One EIR, pp. 4.6-1 to 4.6-9; Eastlake Greens/Trails Re-Planning Program SEIR, p. 139.) Because the proposed project site is underlain by the Otay formation and, at least with respect to the Sunbow properties, the San Diego formation, there is a high possibility that paleontological resources will be encountered during earthwork activities. As a result, potentially significant impacts on paleontological resources could result. (MND/Initial Study, p. 62.) Implementation of the mitigation measures set forth below will reduce any potentially significant impacts on paleontological resources to below a level of significance. (MND/Initial Study, pp. 62- 63.) Previous EIRs similarly identified project-related impacts on paleontological resources as significant, but mitigable to below a level of significance. (Otay Ranch GDP ErR, pp. 3.6-1 to 3.6- 18,4.9.7-1 to 4.9.7-2; Otay Ranch SPA One EIR, pp. 4.6-1 to 4.6-9; EastIake Greens/Trails Re- Planning Program SEIR, p. 139.) The previous EIRs therefore adequately addressed potentially significant impacts on paleontological resources. Required compliance with and continued adherence to the previous tier mitigation measures set forth below will further ensure that impacts on paleontological resources are fully mitigated. Project-Specific Mitigation Measures: 1. Prior to approval of grading permits, the applicant shall confirm to the City of Chula Vista that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques). The palaeontologist shall attend pre-grade meetings to consult with grading and excavation contractors. 2. A paleontological monitor shall be on-site at all times during the original cutting of 81 previously undisturbed sediments of highly sensitive geologic formations (i.e. San Diego and Otay formations) to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) The paleontological monitor is defined as an individual wh has experience in the collection and salvage of fossil materials.) The paleontological monitor shall work under the direction of a qualified paleontologist The monitor shall be on-site on at least a half-time basis during the original cutting of previously undisturbed sediments of moderately sensitive geologic formations (i.e., unnamed river terrace deposits) to inspect cuts for contained fossils. 3. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. 4. Prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. (MND/lnitial Study, pp. 62-63.) Previous-Tier Mitigation Measures Adherence to previous-tier mitigation, as set forth below, for impacts on paleontological resources will further ensure the impacts are fully mitigated. . All work shall be done by a qualified professional paleontologist with a working knowledge of the Chula Vista/Otay Mesa area. Prior to approval of grading permits, the applicant shall confirm to the City ofChula Vista that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with a M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques.) The paleontologist shall attend per-grade meetings to consult with grading and excavation contractors. A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic formations (i.e. San Diego, and Otay formations) to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) The paleontological monitor shall work under the direction of a qualified paleontologist. The monitor shall be on-site on at least half-time basis during the original cutting of previously undisturbed sediments of moderately sensitive geologic formations 82 (i.e., unnamed river terrace deposits) to inspect cuts for contained fossils. In the event that fossils are discovered in moderately sensitive formations, it may be necessary to increase the per-day field monitoring time. Conversely, if fossils are not discovered, the monitoring should be reduced. . When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be completed in a short period of time (a few hours). However, some fossil sediments (such as a complete whale skeleton) may require an extended salvage time. In these instances, the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely manner. Because of the potential for the recovery of small fossil remains such as isolated mammal teeth, it may be necessary in certain instances to set up a screen-washing operation on the site. · Prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited (with applicant's permission) in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. . Prior to issuance of any grading permit for non-Otay Ranch parcel within the proposed annexation area, a site specific paleontological assessment shall be conducted. The assessment shall be conducted to determine the potential for paleontological resources to be encountered onsite. If the area proposed for development has been identified as an area potentially containing paleontological resources, the report shall identify measures to reduce the impact to a level less than significant. These measures shall include, but not be limited to establishing a paleontological monitor during grading, and conducting a recovery and reporting program. (Otay Ranch SPA One EIR, p. 4.6-7 to 4.6-8.) Si¡mi(¡cance after Mitif!ation: Less than significant. (MND/Initial Study, p. 62.) Q. RECREATION Impact (XVIIa): The project will not impact neighborhood or regional parks or other recreational facilities. (MND/Initial Study, p. 63.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § IS091.) 83 Explanation: The proposed project wi\l not result in additional residential development and corresponding . population and therefore would not increase the demand for neighborhood or regional parks or other recreational facilities. (MND/Initial Study, p. 63.) Similarly, previous EIRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed project. To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with increased demand for parks and other recreational facilities, such impacts were adequately addressed in the previous ErRs. (Otay Ranch GDP ErR, pp. 3.13-63 to 3- 13-74,4.9. 14-S to 4.9.14-6; Otay Ranch SPA One EIR, pp. 4.13-24 to 4. 13-31,4.13-44 to 4. 13-4S; Sunbow EIR, pp. 4-20, 4-21; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 177-180.) Sifmificance: Less than significant. (MND/lnitial Study, p. 63.) Impact (XVIIb): The project will not impact existing recreational opportunities. (MND/Initial Study, p. 63.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. Resources Code, § 21002; CEQA Guidelines, § IS091.) Explanation: The proposed project wi\l not result in a population increase which would affect existing recreational opportunities. (MND/lnitiaI Study, p. 63.) Similarly, previous EIRs prepared and certified for planned development in the area do not identifY such an impact that is peculiar to the proposed project. To the extent previous EIRs prepared and certified for planned development in the area identified impacts associated with existing recreational opportunities, such impacts were adequately addressed in the previous EIRs. (Otay Ranch GDP EIR, pp. 3.13-63 to 3-13-74, 4.9.14-S to 4.9.14-6; OtayRanch SPA One EIR,pp. 4.13-24 to 4.13-31, 4. 13-44 to 4.13-4S; Sunbow EIR, pp. 4-20, 4-21; Eastlake Greens/Trails Re-Planning Program SEIR, pp. 177-180.) Silmificance: Less than significant. (MND/lnitial Study, p. 63.) Impact (XVIIc): The project will not impact recreation parks and recreation plans. (MND/Initial Study, p. 63.) Finding: No mitigation measures are required because the potential impact is less than significant. (Pub. 84 Resources Code, § 21002; CEQA Guidelines, § 15091.) Explanation: The proposed project will in no way interfere with recreation parks and recreation plans or programs. (MND/Initial Study, p. 63.) Similarly, previous ErRs prepared and certified for planned development in the area do not identify such an impact that is peculiar to the proposed proj ect. (MND/Initial Study, pp. 53-54.) To the extent previous ErRs prepared and certified for planned development in the area identified impacts associated with recreation parks and recreation plans, such impacts were adequately addressed in the previous ErRs. (Otay Ranch GDP EIR, pp. 3.13-63 to 3-13-74, 4.9.14-5 to 4.9.14-6; Otay Ranch SPA One ErR, pp. 4.13-24 to 4. 13-3 r, 4. 13-44 to 4.13- 45; Sunbow ErR, p. 4-20, 4-21; Eastlake Greens/Trails Re-Planning Program SEIR, p. 177-180.) SÎfmificance: Less than significant. (MND/lnitial Study, p. 63.) R. CUMULATIVE IMPACTS The MND/rnitial Study indicates no cumulative impacts would result from the proposed project. (MND/Initial Study, p. 64.) The conclusion in the MND/rnitial Study with respect to potentially significant cumulative impacts is based on the conclusion that cumulative impacts associated with the proposed project were adequately addressed by previous EIRs prepared and certified for planned development in the area, EIRs and planned development which contemplate the construction of the Olympic Parkway Extension. (Otay Ranch GDP EIR, pp. 6-1 to 6-54; Otay Ranch SPA One EIR, pp. 6-3 to 6-10; Eastlake Greens/Trails Re-Planning Program SErR, pp. 195-199; Sunbow EIR, pp. 5-3 to 5-4.) The previous ErRs adequately address cumulative impacts associated with planned development in the vicinity of the proposed project, including the proposed project itself, because the cumulative impacts associated with planned development in the area were treated as significant in previous EIRs, mitigated or avoided as a result of analysis in the previous EIRs, examined at sufficient level of detail to enable the City to fully- mitigate the impacts peculiar to the proposed project identified in the MND/rnitial Study, or because previously-identified significant cumulative impacts associated with planned development cannot be fully mitigated or avoided despite the City's willingness to accept all feasible mitigation measures to address cumulative impacts. 9041770.002 85 ~;zr^ OLYMPIC P ARKW A Y MITIGATION MONITORING PROGRAM This mitigation monitoring program was prepared for the City of Chula Vista for the Olympic Parkway Extension to comply with Assembly Bill 3180, which requires public agencies to adopt such programs to ensure effective implementation of mitigation measures. This monitoring program is dynamic in that it will undergo changes as additional mitigation measures are identified and additional conditions of approval are placed on the project throughout the project approval process. This monitoring program will serve a dual purpose of verifying completion ofthe mitigation measures for the proposed project and generating information on the effectiveness of the mitigation measures to guide future decisions. The program includes the following: · Monitoring team qualifications · Specific monitoring activities · Reporting system · Criteria for evaluating the success of the mitigation measures The proposed project consists of the extension of Olympic Parkway (Orange Avenue) fi:om the eastern boundary of the Sunbow property to a point about one mile east ofSR-12S. Olympic Parkway is a S-mile long roadway which will provide access to I-80S and State Route 12S (SR 125) fi:om the proposed development areas ofthe Eastern Territories ofChula Vista. This portion of the Olympic Parkway extension traverses the planned communities of Sun bow, Otay Ranch, McMillan-Otay Ranch, New Millennium and Eastlake. Olympic Parkway is currently classified by the Chula Vista General Plan Circulation Element as a six- lane prime arterial east ofI-80S to the proposed SR-12S. The road extension plan includes a drainage system consisting of an earthen channel with drop structures and a detention facility. A smaller temporary channel is proposed for the northern side of the road. At the time the southern side of the road is graded for future development, the temporary channel will be removed and the finished grading will match the northern side ofthe road. The drainage plan includes drop structures and a large detention basin. The proposed project includes the placement of utilities within the Olympic Parkway right- of-way. Wet utilities include the Poggi Canyon sewer and potable water and reclaimed water lines. About 4.7 million cubic yards of cut and fill will be required for proj ect implementation. Fill material required for the proj ect will be derived from five borrow areas within the Otay Ranch property, as well as fi:om Eastlake. The borrow areas will be excavated in accordance with the existing approved developments plans for the Otay Ranch, McMillian and Eastlake developments; however, rather than exporting the excess material to an undisclosed location off-site, the fill material that is excavated fi:om these properties will be utilized for the Olympic Parkway construction. EXHIBIT B The City of Chula Vista prepared a Mitigated Negative Declaration for the project. The Mitigated Negative Declaration is a "tiered" document that incorporates by reference several EIRs conducting for planned developments that are traversed by the roadway. These documents consist of the Sunbow General Development Plan EIR (ErR 88-0 I), Otay Ranch (EIR 95-01), McMillan-SPA One West EIR (EIR 97-03) and the Eastlake Greens/Trails Replanning Program Supplemental EIR (EIR 97-04). Mitigation Monitoring Team A monitoring team should be identified once the mitigation measures have been adopted as conditions of approval by the Chula Vista City Council. Managing the team would be the responsibility of the Mitigation Monitor (MM). The monitoring activities would be accomplished by the Environmental Monitors (EMs), Environmental Specialists (ESs), and the MM. While specific qualifications should be determined by the City ofChula Vista, the monitoring team should possess the following capabilities: · Interpersonal, decision-making, and management skills with demonstrated experience in working under trying field circumstances; · Knowledge of and appreciation for the general environmental attributes and special features found in the project area; · Knowledge of the types of environmental impacts associated with construction of cost- effective mitigation options; and · Excellent communications skills. The responsibilities of the MM throughout the monitoring effort include the following: · Implement and manage the monitoring program; · Provide quality control for the site-development monitoring; · Administrate and prepare daily logs, status reports, compliance reports, and the final construction monitoring; · Act as liaison between the City ofChula Vista, the City's Engineering Department, and the City's contractors; · Monitor on-site, day-to-day construction activities, including the direction of EMs and ESs in the understanding of all permit conditions, site-specific project requirements, construction schedules, and environmental quality control effort; · Ensure contractor knowledge of and compliance with all appropriate permit conditions; · Review all construction impact mitigation and, if need be, modify existing mitigation or proposed additional mitigation; 2 · Have the authority to require correction of activities observed that violate project environmental conditions or that represent unsafe or dangerous conditions; and · Maintain prompt and regular communication with the on-site EMs and ESs, and personnel responsible for contractor performance and permit compliance. The primary role of the Environmental Monitors is to serve as an extension ofthe MM in performing the quality control functions at the construction sites. Their responsibilities and functions are to: · Maintain a working knowledge of the Olympic Parkway Extension permit conditions, contract documents, construction schedules and progress, and any special mitigation requirements for his or her assigned construction area; · Assist the MM and Olympic Parkway Extension construction contractors in coordinating with City of Chula Vista compliance activities; · Observe construction activities for compliance with the City of Chula Vista permit conditions; and · Provide ftequent verbal briefings to the MM and construction personnel, and assist the MM as necessary in preparing status reports. The primary role of the Environmental Specialists is to provide expertise when environmentally sensitive issues occur throughout the development phases of project implementation and to provide direction for mitigation. Program Procedural Guidelines Prior to any construction activities, meetings should take place between all the parties involved to initiate the monitoring program and establish the responsibility and authority of the participants. Mitigation measures that need to be defined in greater detail will be addressed prior to any project approvals in follow-up meetings designed to discuss specific monitoring effects. An effective reporting system must be established prior to any monitoring efforts. All parties involved must have a clear understanding of the mitigation measures as adopted and these mitigations must be distributed to participants of the monitoring effort. Those that would have a complete list of all the mitigation measures adopted by the City ofChula Vista would include the City of Chula Vista, the City of Chula Vista Engineering Department, the MM, and the construction crew supervisor. The MM would distribute to each environmental Specialist and Environmental Monitor a specific list of mitigation measures that pertain to his or her monitoring tasks and the appropriate time frame that these mitigations are anticipated to be implemented. In addition to the list of mitigations, the monitors will have mitigation monitoring report (MMR) forms with each mitigation written out on the top of the form. Below the stated mitigation measure, the form will have a series of questions addressing the effectiveness of the mitigation measure. The monitors shall complete the MMR and file it with the MM following their monitoring activity. The MM will then include the conclusions of the MMR into an interim and final comprehensive construction report to be submitted to the City of Chula Vista. This report will describe the major 3 _"___....._.. .__.._,_....._.... .______...,_.,._'._m____··,__·__ accomplishments ofthe monitoring program, summarize problems encountered in achieving the goals ofthe program, evaluate solutions developed to overcome problems, and provide a list of recommendations for future monitoring programs. In addition and if appropriate, each EM or ES will be required to fill out and submit a daily log report to the MM. The daily log report will be used to record and account for the monitoring activities of the monitor. Weekly/monthly status reports, as determined appropriate, will be generated from the daily logs and compliance reports, and will include supplemental material (i.e., memoranda, telephone logs, letters). This type offeedback is essential for the City of Chula Vista to conform the implementation and effectiveness of the mitigation measures imposed on the project Actions in Case of Noncompliance There are generally three separate categories of noncompliance associated with the adopted conditions of approval: · Noncompliance requiring an immediate halt to a specific task or piece of equipment; · Infraction that initiates an immediate corrective action (no work or task delay); and · Infraction that does not warrant immediate corrective action and results in no work or task delay. In all three cases, the MM would notify the Olympic Parkway Extension contractor and the City of Chula Vista, and an MMR would be filed with the MM on a daily basis. There are a number of options the City of Chula Vista may use to enforce this program should the noncompliance continue. Some methods commonly used by other lead agencies include "stop work" orders, fines and penalties (civil), restitution, permit revocations, citations, and injunctions. It is essential that all parties involved in the program understand the authority and responsibility of the on-site monitors. Decisions regarding actions in case of noncompliance are the responsibility of the City of Chula Vista. The following text includes a summary of the project impacts and a list of all the associated mitigation measures. The monitoring efforts necessary to ensure that the mitigation measures are properly implemented are incorporated into the measures. All the mitigation measures identified in the Mitigated Negative Declaration are anticipated to be translated into conditions of project approval. In addition, once the project has been approved and prior to its implementation, the mitigation measures shall be further detailed. SUMMARY OF PROJECT IMPACTS AND MITIGATION MEASURES The following table summarizes all the project impacts and lists all the associated mitigation measures and the monitoring efforts necessary to ensure that the measures are properly implemented. All the mitigation measures identified in the Mitigated Negative Declaration 4 are recommended to be translated into conditions of project approval and are stated herein in language appropriate for such conditions. In addition, once the Olympic Parkway Extension has been approved and during various stages of implementation, the mitigation measures shall be further detailed by the designated monitors, City of Chula Vista, and the applicant. 5 ... If) :J ~ C,) W J: C,) <4: =< ~ ... ~ >- If) C) ~ 0 ;;: 0 :::> :S n: n: ... a. <4: If) :::> C) a. ..J J: Z C,) <4: C,) æ ii: ¡:: IL 0 =< ~ 0 t:: ~ ~ Z 0 Õ 0 =< Z 0 ¡:: <4: C) E :; c ~.Q 0- .,~ -'" ""C C., > c õ~ .,.!!! _a. "E CO U 1:: ~ 0 0 " Se- a. m Q).Q ~ ., E"fjc n: e!(¡:::Q) iï -'c::::l ~ ".,"" ~>£ ë: m 0 <i ::¡ " 1;) :> 01:: ~.!3! :e&.c.È o Q) & () ~a:« _ 0 þ ü c - -'" .2 "'c X ro 00 e> a.U ., :¡ e>- Õ c'" ·cc X ., ,,0 E CU I!! ã; .,1;) E X i= ~c 11.0 U ..ê § ro g.c ro ¿~.~:2 iU'..ê ¡ß.9.S!~..ê g>~ 0 ~·c ~-ci ~(/).i-§~ __.c__ O~ ro~_Q)~_ --~-roQ) 0)(130)'-'_> c~(/)~ §~ 0) (/)C~~ ~Q) tE~~£~~~~ '-~I e'£:¡:¡:J :J,sS roõ ~ m-ë.9 Q) Q.U):J Q)'fi a.E"C ro.æ 0 "CCIJ~~ CIJ~~& e (l)R~ "C~c~~Q)~~ro~Q)~ ~JjŒ ~~~ ~ ~~~ e ~ o.ª at) g>§j9:8~a.g a.~.9 .§-8 g "e+::L1j Q ::J o-;a.S c:5õ{g~:B þC)~ ê ~-.o '" 8~i~~B~liî~ ~.~ ~i~~~ *~! i~ ~~~~!; ~ " '" u .c U) 1:::.:2'- :J U).8 c: c 5 e ('Ci a. U).c E 0.'- 0 Q) c: 3:: Q) " () ('IJ c..!. 0 Q) 0 'C - CI) - þ"C ., Ca>a>CIJ .cBc Q)·-.c:¡:¡-S(l)cQ)Eo~e"Cc:~Q)CI)cE ::¡ ~õ~~ ~:J~~DQ~CIJ~m~oüe°Cl)"Cæo'Eg~::JQ) . I/) 2::J .- Q). .- Q) e-- c {g~ ~ro ¿õ a.u.91i) (ij g-c ~ro ~u.....~ Q) Q) 1§-c 8~ O'J~'g ~ c: "CoQ)Q)oc >-OCIJ§. 0(0)0)- "C CI) <II Q) !~~ø>øCIJ"C§øQ)g~.co~~-~~CIJ"CO'J~æÞo~ e> E~CIJ~2 ~I ~o'E O'J~-~O)~~€::J~~~--='-~ ., ECIJ~Eêi)~~"C§c~Q)~Ba.~-C:Q)~CIJ!e§3::~ B~c :¡ 8.ç:oQ)c~.cC):¡:¡ø~~~~W~w¡~~~~~og~~Bc~ ~ E·ã.o..8·Ë ~~ ~ê c >55~ ° ~Q) E ~ ~w ¿c,f! 0:J ~~x =EE ._0. 0 CT.Ieww·-Q) c~_·- CT.ICT.I Q).>~ Q) Q)~~-~~E~o..8·~a.DD~~~~tO~~·~·~Q)E:Ju~~ ~~ð~~~8~~e~§~~a.&~~m~CT.I~~~~&~~~~ ~ '" rJ·£.9 ui ° ~ §·~"Ë·o -g~~~ c~§ ~~~ o.~o~~~ ~ -C=: §.~.~; Q) w ~1--'ë!E Q).~:.¡:¡ g:~.s .......c.......ocñ ëõ õ~w:.¡:¡ecB-EQ)_ 0ëEë~xuw Z'c>. oO'cE ~~ .¡:: 0= .-....... Q) Q)~õ:aa.Q)c'3Q):;c ëQ)cQ)=Q)~Q) o:.¡:¡~wr:::-en~ "'w ~~~c ~~en~~~ Q)~~~B en~ '-'~ -roQ)~ D 'ë- ~ a.oQ)Q) Q)_ .D·-- ~enQ) ~ E Q)·cD._ 0 e>.æ a.0Eu.c (1)~a.CC(l) ~ _(1) ~~ E c(1)~::=-~ - .c- - cnoCT.I~~en cno.cnc o( ,J.......cb°O' êñ~ ~_·-t (1)0. :a:'¡:¡=(1)c~ =(1)£-roro (1)lLO)ËroQ) ro ( ,Jro ~~E= uro~COenQ)·-o.cn·- roE en·- co ~._._.- cñro ro O.c ~ ~ ~ . :; "'C enD Q).~ :.¡:¡c 8.. ë ê: ( ,J 1U 5- 0 ~ C a. CD m 0._ .Q:5 2 æ.$ ~Q) Q)cuc :¡¡e Q)CUQ) _ 0E.c Q) enuro:J .croC/)~r:::roC:.c o.......u-cQ)æ ._ _~c"'C ~ E..c.u gö ° ~ .9 u ~ ~ õ'> ~O~DQ~C.c~O B c:o~Q) :50) a.c o.o.._ro_ '-o2ocOen ·-"'C-~Q)oc: o a.Èenen:JO) Q) c~:a_~.- ~E~~~.c~~Q)cnen_ .cQ)Ero>'~uo W .cQ)O)c~~~.c(l)c~ororo~og.cQ) ° ~£8&~~g& 1--:;~:J<~CT.I~:aCO~D~~~O~~£~S "" ~ "" "'~ ,¡; !!!<4: >- .c: a. 0 ., C> e:- >.,.Q uw c- .,a. "E C"0 .. eO§ LL c_ . DJO ~ g> .= a)5'õ t::gcg> 8.000 ( ) , , O:::ro..cu '" e:- o .. :g >,c:J gE~ .,uc ::::J2oc C"~ü.Q . f§S§..§ LLü 0 0.C>:.¡:¡ DJ .c E·£.£!:! c.9 goœ.Q '~oeüQ» -ï:::.c C a.c ·;:11....000 0' . , , , =<<4:mUCw I- '" ::; ~ U W :J: U ;5 :; ~ ;Ii >- '" C> C :;: 0 ::;) 5 It: It: I- "- « '" ::;) C> "- ..J :J: Z U « U ii1 ¡;: E u. 0 0 :; æ t: ::; ~ z 0 Õ 0 :; z 0 ¡:: « C> ¡:: i C ......º 0- .,~ -"" ro·c 0., > ~ c;-1~ .,Æ _0. roE 00 U to .E c: B 8- U U Q).Q i:)' ., Ejij c II: ~~ ~ .8 "di'~ CJ en en ~>Æ ·c <i <i 0 ::; ro ro 1ñ 1ñ ;> ;> at: (;' .!!:! ro =E8.~È :¡ .c OQ)OIU U ~cr:4: Õ - 0 þ þ ü ü c -'" 0 "'c ~ 00 g "-u ::E 0>- Õ C'" ·c c X X ., ::>0 E OU t .,1ñ E ~c X X ¡:: ,,-0 U ~ c ~~ § ro ~~B&.·cÜ~ ~~ Y:5:~~.E~ ëãg>:5 B~ (/) B·Q~:¡::¡ 010- c :¡:; ro ~ (/) :"ii).... _ (/) e"Cï¡:îë c: o¡¡::t) 0c:"C oOot: .£:0 o II) ~ o.~ 8.(1)-5 U).c ~ a.·ë~€ ~:c c: GL_ ~~ od:~ Ê c:8. -ëe~_8.~~ ~.~~ g¡ §~~ ~~ t&'¡¡ ¡¡¡- Ii .Q-c U).Æa..a~ õa. Q) .Q"a> 3: ro.c Coã) Q>:.ë ro c E-g &.0> co 0 Ilia> ~ .c>--:ë~Q)a.~ñi c;Eu£U) .g1CUeQ) £~EQ)CJ)..... '" -..0"'0.- "CE::J.-rooC'Do C (;)-o_CQ) Q)Q)U) 0 ~ - cU)"C CIJ>e--ttJE>.o Q)O> ..c:gU)....Bcc ::> °cromæË8 =ª"-õ -c::.æ >0. >.- Q).... --» '" ~.- œu..-:J ~ aJ.e~-.9.!!:!- ca:c,cQ)-.co ro ro 'c-ê:ö .CU"s:_. þQ)B"C:J~ ·-roQ)o._C- CD E ., o a>ïi.i E ~::J ~~"O._ ::J"2 ad:2 Q) .... e-- ~ ro Q)- E"O ::; "..... - .tJQ)CI)O"....1:: Q) ..... ::J°oe Q)ro E-g ~.~ E(ij o.e~ c:=£"3 ro.~ .c U):;: C)ro·~C1).Q ß:t; Q) c ::Jo..:;~Q)E 2~ .sga.:;! t:Q)co>"'Cero ëL..-c .g Q) E-Q):ë~"" Q)-g'- c æ:; Q) g-Q) ro o.~ c (1) ro ro ro .c(/) ro"C'- Q>«I_ro Q)WQ) Im~:¡¡j.9:ß(I):6-:g~N 0> 1--- 8 Q)~ ~-gro en.!) E 01..0 en E Q) .c. .... ro ..... ro '" ::E '--:0 g e (t ~ C)Ð:~ := ~~ CI)_ a:a ~.- cn_J:: E a5 O~._ a. - C (I) E"'C ~ (I):t:: ~Q)U)~(I)~ëcn .(1)0(1) ::;'EV)g-~E"iQ)ï=> ~C).~g¡ :.::::2 ~ C)E- ~ ( ) g>:2 cn:2 {gÜ) ~ 0 0 (I) .~._V,ì.~V,ì 'S: c= u 08"O=(ü,g'! (ü.s"ü:c; "0-- a.C :::1"0"0"0"0 :::!O)o.cn".; (I) EJ::"o--(I) ~c~~æ.Qggœc.2c ::::= Q) ~ 0._ (I) 0 e u e~~:a::: ~ <:(ro"OV)ooc_ CUttl _0>_ -J.!5!_ 0. 0. V) 00 ~ 0).!5! cn.!5! 9>!» ""':.2-"9"0"0.9 C) '" >.~ 01.0 0 0= C (I)!- c ro$ ¿ -õ "(i) :::I£M V):C ~ oo~ (I)<D:.¡::; e ro 0 c., c C7o.E e E Q) - E·!a ttI ~ >. B-= Q)o> 0 "O:JC X c oo~ e·-oe(l)-:JeQ) Q)ro ""w 0."0"0_ 1:: U (1)_ CO 8- c Uo ï::- X-o> 0 O)ooUJ C) '-00 0>J!! Q) ~ J:: U) 0._ "0 C c ~ 1: 'õ:J OJ-Q)eC = .Q)·Õ)oC:JO) i:ñ~ _:: . 0)._ Q).~ g ~ V) C â) Q) V) 0 roE V)J::cæ=E c.oooœ..cð)Q)Q. :,¡::¡c ~:ËB ~'§ §¡E 8'~:: V)_ ~.S Co :.= ~,~ Eã)ro:J (I) E= Q) qjJ:: 0) $'5 °c ~_~.2 Q) ·>~5...2 a..s:! Q)J:: C "-w c:ê E ~- o>~ 0 E ~~ ~:Ë'3 oooQ)=I.OJ::<ëog=_v ~o :;::..V)~oov_ a. ('t ('t MO) ¡;:: "ro ro- u" ::>., .- ., "'~ "'::> .!!!« ~"~ 0.- OC .,0 <.'JU ¿ >..Q UCD c- ,,0. ::>E CTO .. fU § u..c:+:: , en0.!5! 0) c _.Q.5 :¡:; ~> g, '"'C:CC: &.000 CII I I I et::ctI.ou I'- ¿ .Q .. ë"Ü ~.QÈ c t5 V) ~2§ë O"û)O.Q , e§~~.~§ u..ü 0 a.C)~ C)oJ:: E·5.!5! c_~o~.º '§ 5 eU CII> _'CJ:: C a.c ':"-1-000 o I I I I I :;«enUOw ... '" ::; ~ 0 w ;¡: 0 ¡5 :¡¡ >- ~ ~ >- '" C) c :> 0 ;j :5 0:: 0:: ... D. « '" ;j C) D. ..J ;¡: Z 0 « 0 ii2 ¡¡: ¡:: LL 0 :¡¡ ~ 0 ... >- ~ Z ..J 0 Õ 0 :¡¡ Z 0 ~ C) ¡:: :i§ c _.2 0- ,,~ -'" "'"C 0.. > c 0 'õ~ ,,- _ a. "'E 00 0 to ~ 0 0 Se- a. '" '" Q).Q ~ Q) qjc 0:: ~t;:: Q) ~ :) -'1::::1 ""CJ" g ~>~ ë: ,; () 0 .{ ::. S '" .. 1;) '> '> .st:~ '" '" ~ "5 .- 8.c L:; 5Q)CD ~ () ::.o:::f 0 Õ 5 þ (j c - 1;)" )( .º OC ro 0.0 01 0 '" ::¡ g>~ õ ·c c )( )( " ,,0 E 00 I!! ã; 1;) E eC)( F 0.8 ~~::.!£~~ ~ (1) -gT-c~ .5:É'E ~~š·~¡¡:: .... Ni6-·(i).Da.ro-~-ro -C~Q).........ooQ) c"C ....c cO ....·-0 §~ E Ë~ 0 ~£ !::"Sõ Q) of¡ :"'iñ~.9roë ~ .!!.,g :S?-C g(J) = CI)~'- e J215.e-Q)B.r=.Cf).s ::JrI) ~Q)q¡ Q)~c enOl ø-::It) C/J 0 - (,)fI)202Q)Q):ßU).!!:!fi5c.... ro ro O"ro C·- .~ ï::: > Q) w·-..r::. æm .. --:êij it) ~:5.c..r::._ a.a>:as ,,~ "J!!:Oc_ e e,c·- ..c c""- cu C).c c «í x J:: C 'ö. CtI lJ.!e °0 C)·º.5õB~ E " 01_ 8 '" a. E . " c: (Q o"'-:'Q)"C.5 C:~e c (l)êij _ Q),S£ >.-arc: C1)~ .. .. ~E 13~2 ~~c>~~2 (g.Du -'C N..... Q) -_.- ~c: ro co '>:!2~~~$~'§'s ::. SCUrot::CI) 0ã:Q) ro(/» .2::1 c:¡"~= ro ro Q) 0- C C Q) C1) 0 >. 0 cñJ:: Q) Q) <¡:.,g 2ËE~¡;~ 0 1.2 >=0C ::JE>.o.Q)· ~ ~ro~ "5 Q) (IJ ~ ro.Q..cZ' 100_ C'Ü ~ Q) Q) ê.og cna.ü..:....~ 3: en_= ÒC ro E_ ~-.c:..c 01 ~ ß! 'C 0 C a..c'O_(ijD ~ g.c-ro ~ ctI ~::~ '" (U 0 U)- cëi)·- Q)ã) e ëii:.r=.$ .Q c.e c'ë'c 0 0.0 ::¡ ?i)': !!ro'5~E..co. -cU)(/) <t co- 0 0- co ro >. § coo g-"C C C C c ro co t) C '.¡:: a.~ g>.D ~._Q)roQ)~~=e CD :; ü) N ,Q >.(L ã) "5 ,Q g, co g,T5 <tI 0» E.!: 0'5"'0 a. Q"C VI'C Vlj: VI 'E ~~eoe >ooc-sc oOlC -cC"'c- OIO):SQ)~Õ~~Q5~ü~~ ~~8&õ8~~~ ëÜ ~::1 ",w ï::- OIS Wi roE :pc CE! .æ,> °c o.w "'" jš" ~e -" "'" !!J« "'c L:;._ 0.- OC 0 !1Js ë >o.g u" c- "a. "E C"o ' ~ üC f c,Q !.Laroe» ~ .0,5 :¡:;~5& ....ccc &.000 Q)' a:::ro.!:lU ex> ë ,_2 "Co ~,Q.5 c t; '" ~25ë C"1i)ü,Q ¿ f5-S~uo !.Lü 0 a.0I:p tÐo-§,E:É~ c_~o~._ "§ 0 eü Q» ....¡::.r::. c o.c ·20....000 o ::E«aJüOUJ « > t; « > - ;:: C > :.: ::> ~ 1>:... _ « ., ~ 0.. ...I;¡: u « u - ~ I.L 0.. - 0 :;; z > > - ... ...I _ o u ... ., ::; :.: u W ;¡: U " ......9 0- "rJ ro~ CCD > c -.2 0- CD ,,- _ c. OlE Co ü 1: '" 0 ~ B c. '" Bc " CD. 0:>. I>: "''' E "''' ['! "CD ~ <i=" B « w· CO" E ~~ .¡: ü 0 i- lL ::¡; '" jB 1;5 '" :> :> '" '- t:: >. ro "3 .9oos .c .- o..C ~ ü 5œ8>ü õ ::;ED::« õ i':' i':' Ü Ü - " -'" 0 "'c - 00 '" a.ü 0> - ~ 0>- Õ c'" :;¡ .~c: X ~ CD 88 E CJ ~ 0 ,,1;5 >< I>: E ~c 0.. i- a.8 o "OQj..ã~§ _Oce: CJ ::t. ã)-' . (l) ."c O::J Z I,j:: (,) 0 ~-g § ro.g.c£ ......(1) »E--"'Cc...... C:-e æ c::- ê . c: ro I:: o(/ ro co <tI E::::> ~ Q) 0>... :J._ en Q):::I"5 co CtI+.-.!;; 0..>._ Q)ë3o;:':C '= C)'-cO_Q) 0 >"00 (I) >.~ e'O ro 0 Eo >.(1) cm:t:/l).....rouQ) t::: ji) ~ œ"E co Q)'t: c: E C a(/ ii"O~~~~EEE~g~~ z ()oC)Q)~:S!.cro .Q ¡~o..e"C(/ ~~~~~~~~g~ 0 e...... ro E II):J en 0100 CI) Q) C Q) Q) _ ._ ._.... -0 a.~ co c: U) - c.- :;; .s CD Q) C 0..8 ro ~ï::-g -oQ)J:ctI:t:;:t:,o....s~~ ~'C0 Z -(l)(t 00> .~ ffi.c:: c: '? 3: roc;'; 0.9 CJ)E:; ~ '" ~1Ÿ U).c~ a)"g'Ero E E -OOcco.cc cQ)8-- '" 0 e eU)~EcCJ)=( )3:e (t cm Q):¡::; 0 0-0 8'Ë c(ij'>.::ë "5 CD ¡:: " " ro.E.aœæêJ9'::Q)ø §.g-æ ~lf~~ ~ en £~æ [m~. 0" « '" c ~.aiËõ..·- ê.mo= . ¡: '" Q e 0)"Õ.~.!!;!(ü ~ B g'.... --g_ æ c CJ " g..- - Q) e._ > _ E "5 E ::¡; c e.~ e.c"C o~..; O:J b9cc~ë:J~c~Q)R:J~-c~ $ c ro"C'E Q)-~-ëti ct::'s; c:o.:PC)=Q)c" CUroJ:..... (1)(3 :;; o C,,).cQ)J:J:œcQ)Q)('IJ:J (t] ~ g'~.ê R~:5~ eë ~~~e ~ " +: I :J-Š:Õa>Q)..c.Ea.= .Q cu ~CI)&. .0(:;.2:-(1)(1)«1 §w ~--~c~ ~~~ooE ~ o Q) Q) . '- 0>_ 0 ro C) :Q:6 ~~ Q) ~-; oJ~.e ¡;-_õë¡¡ >-8 :2 1ã >"'2 U) 0-_ Q) 0 ro C °'t:o__E__o :cU)ro ~ . <i= :E :t~ë ~~~.c ~o..-g'>' ~~ëC)ro :Q°Q)c .SQ)roro~ '6 ?l-c 8.2 Q)~J2 ro=-=æ Q)tJj c..2.B2U)roU)Q)-cro~ Q)~ 0 ~.co~ro~U)~Q»roC)aQ)~._ E ~"3 U) § g.ct;:: 5-~ tr~.c:J > Q) 8..E.r::.·õ>2 a:I=.c ro ~ e~-g~~~-æ~oe§ ::JC/)~~ Q) U) .__ C!) (/) co _ ~_ _ _ '" -õ "" rJ"" <i=W "i::- 0>J!! .- " .,,, iiiE ;:c "e ~-- 0> a." W "'" B'ê "" .- " "'~ ~ê 21« .c ._ c.- 0" ,,0 "ü ë >.:8 "" ;0.. E :J 0 .~ <Tü c e .Q LLC1Qci> a0'õ C c: ~'-'õ 1:: B> 0> oCcc ,,-ODD G) I I I D::co.co '" ë o . ~:¡::; .. c ° ~.º.5 c- '" Q) 0 C._ :J20c C"1ij()~ ¿ !C'5Q)._o 1.1.8 00..~16 C'lo~E:¡::;ë5 c-"8e·- 'C '- e œ> o.gJ:C~C ~a.I-OOO 0' , , , , :;;«IDOCW ... <II ::; I' U W :I: U « :õ > ... ~ « > <II C) ~ c s: 0 ::> ~ 0:: 0:: ... ... « <II ::> C) ... ...J :I: Z U « u æ ii: E LL 0 0 :õ ¡¡:; ... > ~ Z ...J 0 Õ 0 ::;; Z 0 ¡:: « C) ¡:: :¡¡ <: _.2 0- '" "''' m!€ 0" > c -.Q 0- ".91 _ 0. "'E °0 ü to ~ 0 0 .Ec:- 0. m 0 Q).Q Èj' '" E~ <: 0:: œ¡,; Q) .9 -ï:::: ::::I ""CJ" ~>.t <:' « CD 0 ::;; m m ü; ü; :> :> Cst: ~ 12 '" :gRc.È "5 .<= oQ)~ü Ü ::ED::« õ - 0 z;. z;. (3 (3 <: -'" 0 "'<: ~ 00 g' "'ü ::¡ 0>- Õ <:'" .<:<: X " ,,0 E Oü I" Q; "ü; E ~<: X ¡:: c..0 ü c€-g~..c:~ g>C:~Eo~C~ð:)è1)U)-g Q)~ro -g :¡:: m CO:J R:¡:¡ g!.- CI)( 'J Q) ro u) E - 13 Q)ï:::::'S;: 0 Q)£ 0 Q.c._- CQ) =oE .- \- Q):J >..9l \-.- a. a.- Q).ro g.ì?:-æ.êë~ ~ 0._== Q) a.~ 2 ~ .0) 5.3 (t ro œ en 'U a. >.- - «1(1).......(1)0)2 Q)wE Q) 00> Q)CUU')(O Q) e Q) x a. .... c:"'" (0).... 3:_ E :6oEc)wE>. Cl)CU "Cw -cctli..cco"C::::I '" c () .5 Q)'-- = _cC)~Q)c..-U)rooQ) ~ ._ u 1i)..c- C) o ~ co ro Q) E 0)- = 2 '- .~ " ..c:ø::JQ)_roc: CI);c >~ c:o~ ~ê '" ~rog-QnS~ U).2 en (tI.c::.g'ã) Q) Q) c: ro m U)"CQ).....50§ 'c1Qo.c2 Q)L)'1:) ~5:::1 a. " o~-.êE: . ~EU)5!~a.Ee·ifj_Q)Š ::;; C CJ):;::.ct~roro _œo_roroCDeC»;o.cc: .2 ' a5.8::::1 Q)'c-g 'õ ro- ro cn.c..c-(ij O-cnB 0 ro .è-c LL -C!! c: CI).c. ':;:= o_!!l. c: x c:::J C o ::JO -(tI¡j:Q)o0.c 0> :>'- 0 ro C) 0)- U) cncu,c _.-.c._ .. 1i; c: 0 - Eëñ OJ Q)£o Q) c:~.! Q)-¡ en'§: ::¡ g (1)- .~ Q) Q) .~.~ ~.~·æ ('tI£:>. !!l.-c Q) CD >-c o.Dõa;E·-" tqêc~~Q)~Eõ~__~~ üQ)Q>uog.c co CU'-U ro.5-- Q) :J CD ro :';;:: > 5rc:'t: c Q.a.J::.- Q,C)"C U)....."C 0_- ~.ê~88.8~ )(x~U)xc~Q)Q)(U me.. lUQ)3:eUJQ)C'J=~e.SEe '" ëü ~& ""w ï::- o>JB .- C IJ)" roE ;;=r:: ájE? õ'> c..C w "ro ro- o"" "" .- " "'~ "'" E!« ~.!: 0.- OC ",0 <9S ë >..2 o1ij c- ..0. "E 0" 0 . ~ üC e c.º LLOroc, g' .0.S :w ~5 & I...cr::r:: &000 CI)' I I 0::: roD (,) ë ..& .. r:: (.) ~.QË Ct) U) ~2§E D"êi)ü.Q . e:sS~.~§ u..ü 0 e..C)+: C) .c E·!:.£!:! c.s g>o,ª.2 .~ (; E?ü ,,> _·c.cce..c ·2 c..... 000 o I I I I I ::;;«CDüCW o ~ >- < ~ ~ < "- (,) ii: :; ~ o I- '" ::; :.:: (,) w J: (,) :; ~ i::! ~ ~ 8 ¡: :5 g: "'::Ie¡ ~ ~ ~ ;::_ LL ~ 00 ~ ~ ~ ¡:¡ ~ z o ;:: < e¡ ;:: :¡ c: _.9 0- ",r¡ -¡¡:: ro·¡: OQ) > c: õ~ ",Æ _e. "'E 00 0 t:: ~ 0 8- '" .Ec:- Q) a.>.Q t>' ~ E1§c: .§'§!g g Q)Q)"" '" .S>.t ·E <i 0 I- ::¡ l!J " '> o t:: Ì,)' !2 ~ &. B .ê OCDe»ü ~a:« Õ z. G c: - -" 0 "c: :æ 00 g 11.0 ~ 01- Õ c:" .1::1:: X Q) ,,0 E 00 I!! ã; ",1ii E ~I:: X ¡:: 11.0 0 ë ~g UQ) 1::- Q)e. "E 0" 0 . ~ oc: E c.2 LLaroci> CJ) õ c :S ~>"& ~ct:c 1iooo Q)' I , "roD U - - "."~ ~::> ê ~ g>i5 ð3 æ (1) CO 0 ~ g! t5 0;;.- O"""C (t ...,....€ ~ :¡:;......Q) Q)"-C'- --0.2 ::J=o2- 'õ'-.º~..c ~E 0.:J ~~ 2 o.cv o..ø õ,c: 3 ~.- -c CD ê;;,S 0 Q)2-~ R,2:-"CQ)ECI)C:ro- O,)o....C (1)=0)- (000)(1) ..ccoVol8"Cccocn.!!!_ _o;;~ -1:1:: Q)'ëi)::J&.OOT"" '-Eu " " 8 ~ (¡j '" ""e 0 9 '" ~ø 0'-.0'" fl)co::l"C"CEe. :¡:; ~¡¡: g c:,s! o.~.ºCX) æ"S.- c: U) ~ (f.I 0 ro CD _ 0."", ~:J"ó . rJ >-?;5-c ~g; ~ª' :'::".9 ro:g æ. cëw g>J!a ro .....:>2cø(,)c:EcoQ) ._C::J ''-012(1)_0'- E3:"CQ)C'" ex::> Q) c +õ .C):¡::¡ ~ ë Q) 0 e E .... -= OJ 0..- .- am D C)Q) Q) C -E"O'O=Õ 0 ofC Q)'õ..c ....- ro ((.-..2 ~ (t a..:e~ E E:J 'S; 2 iIi g «1--0 E... g.-cn.2';-C" ~ C·-! CfI)c- cü!-c§¡ ::'-ë 0"5 co m~ ~ .- fñ C._ B 4).5~..c: 0)'- Q) u:i "C (I) (U U) cCl>EcEo.co'Oê:a>"E5ct1æ :: :Jlllc.·-·-e:a'!! m.Sro"'C~..c: o cnro~_ O)mmc~ro"CQ)c- .c Q)Q):;>OG)c ro,2-co._CI) c a>t>U)mø~!€ocmeeCl) ~ ~F~eE~:Jm:Jo.8ê;;o.~Æ I~·:; ú~ § ¿ g>~-gõ ~{g(IJ.~ j!3 =~o·~-gg.:;:;(IJ(lJc·-o-g_ ~u ·-e-øcØEœ2e~(IJ~ B~ -ü ~ 0.:6 ~(t ')( ~- œ 0.0) .§ ¡;:W oQ)<1> It: UQ)~eU<1>C(1)(IJ ï::- .õ'o.~ (t ~ u)1...'t:ttI£t; 0)£ 0)$ c I... E - _ ('IJ'- c (1)..e ~ .- ê ü5 ffi .2 0..- C ~.s g.- ë -g ø ~ ~.~ ~ . ro E - .- ~ 0 C (IJ_ (1)~ ttI~ ~c U~Q) ~~a..øo .o:!::::.s;:: .Sev Co 2evøøc Q)~Ø_~-c~êû g.~ û) ~ ~ ¡s ttI(ij C ~e-E § ~ê g.~ ~ o c C 0..1... (IJ ttI:;:E (IJ 0 œ 0 c ~ U ~w oeuŠe1U:!::.s;::~:æE==ttlevQ) U o..c ø ('( c ~ 0 ('( a. (IJ ~ ~ 0 c.a ë .Q ..t) >..c~ C).Q~ 1::- " Q) "2 c:.- ::J oc: C"t)ü.Q ¿ E §"S~ ··0 u..ü 0 0.0):;:: C)o~E~~ c_~o~._ "c.... oU Q» ,g.g.c c o.c <:11.1-000 o I I , I I :E<{coüOW " ~ " " '" Q) ::¡ I:: .º (¡j 01 "" ~ Q)", "Q) "'~ 21< ij; (¡j ;;: f- <II :; ~ U W J: U 0( ::E >- f- ~ 0( >- <II t:) ~ c ;;: 0 ::> ~ ~ ~ f- a. 0( <II ::> t:) a. ..J J: Z U 0( u it ¡¡: E II. 0 0 ::E ii!: ~ t:: >- Z ..J 0 0 Õ ::E z 0 ¡:: 0( t:) ¡:: :E c ......2 0- ,,!'j m~ c" > c -.Q 0- "Æ _ 0- roE 00 U 1:: ..E c.9 0 0- ro a>.Q~ " E 1§ c ~ ro " ~ ':=!§=' ",,"" .s ~>~ ·ë 0( 0 ::;; i '" >m .9t:~ roU ï:: &æ "so O"a p~ ::;;t>:o( Cõü ~ ü c -'" .2 "'c 00 ro D..U g ::¡ a- Õ c'" ·c c " ,,0 E cU !'! 'Q; ,,1ií E ~c X ¡:: 0..0 U ~'ro ¿ ~ m e>§ -g ~~~ ~~.e~;E á:)£ E~ 0- ro 0._._·_ ro 0.(1) (I)~~(I)~a> ~»~~_Oa>O~ a>_~Wroo~ ~ roC m-~øro ~c=' ~(I) ~='ro~~-U~->~ ~B~ oð-gi~~~~o~!~~ C_~¡C W2L~ÜroO~L'- a> :a2:œ=: ~ë~ ~()Õ ~'õ>c:: O'~~ê6 '" 5m1i5<~CL c roÕ~ro~-.£~ 8.E ~ B c-Z ctI't) ._..1::: .- " Õ~_ R~-ec üow~. eE '" co ~-"ã.Q)õa.. ::J (t ~Q) ~ro ro a>f3 0.0 ., 00.£ (1)- E ØU.t=.·-- 0 e>O 0)- ::;; ccm ëêwLo> ~cwmroCLJ::~~ c cu- -om C J::-L ~~=~CLR(I)-ca>óroa>-uZ¿-= 0 ~~ro~_~~ '~£~øSe~L~~§ ~ a .- C).c !9Z !l-c >.øO ë"C~~ ~ 0- '" øC)~'t)~a>CCLDJ::~E8LCOa>L ::¡ 5~~Q)EJ::oa>g -ce g::J~Dg c ~ -~Ero't)ë::J- cu't)o=ro .8-6 >.= e C ê Q);: Q) (t o_þ3: Q)«'~;: ëi.c .- .= Ei5."ü·§·- E ~U E ~"OES~J::~::J o~'t) ~ ~ ,CUL ~C8(1)ct:=gS"O::Jca>::Jg8o~g eLm mWSWLtncua.roCLOcn Zcucn .-' -tJ c" rJ", o=W 'ë- as üJ55 roE :,¡:¡c :¡¡e õ"S: D..c W "ro 'Õ "" " "'~ " .!'!o( c g~ roO ~8 è:: >.,.Q o;¡ c- .,0- "E tT 0 . ~ ~ U i5 LL c:¡::¡ . cnO l!! CD .E Q).Q.~ 1::0>01 oCcc 0.000 CD' , , et: cg.c 0 è:: .2 .. ëõ ~.ºS Cõ CI') ~ 28c è:: tr'v; ~ . e§'S~.~§ LLü°a.C):¡::¡ C) ..t: E·5.!!:! oc> -0 .c_ "8 !'!.- Cae œ> ,2·¡::,cc:o.c 'ëD..f-OOO o I I , , I ::EctlJJUOW '" ~ l- V> ::; >:: ° w :>: ° ::IE ;5 ~ >- !!! C) ~ e > 0 :ii: _ ~ g: a:: I- ;;;) C) « ~ :E: Z 1I.00°æ 0_ "- 0 ¡¡: I:: 0 I- ::IE ¡¡:; >- Z ~ I:: 0 o O::¡¡ Z o ¡:: 0( C) ¡:: :¡¡ I ~ 0 °c_ -0>- (1).- (J E- c m1j" ~<;: " -'C C" """ .E>u: I- ~1O>- JÈ8.g 'c CD G) ~a::~ c o ro 0> - :::¡ õ " E œ !l c o Õ~I ,,~ -'" "'.~ 0", > c o 01i; "0. roE 00 ° 10 8- " II: .9 ." o :::¡ 1ií" 0" 11.8 0>- ".. .,," ,,0 00 ",1ií ~c a.. 8 oa:i~-g "o:~£ Q)üa~~ o Q).2 ; Q) "02"Cõ~Q)ro Q)'1i) §za:::.~ 0- ~c.....ro..c5-~ .. 8;;; ."'" 0. -oc:!:~~Q)t5 en 0-CÞE'C'_L:l( ,) I! (U Cf. > Q) Q) E c....... ~.cÆ8a.¿;:Q)roe en c..CD_ a. ã.a. Ima..oe~Q)cQ) ~ ~:!! c Q)-£.9£ .: ro-CU) _.... c 3:..c:::u Q) ::I€=ªs :B' a::;;"EC!) E"§ &.'0 ~ ~EO§:::-~Ìi)g ; C:Q)cUoc_IB :¡ ,g 0.-: 2~J!J!¡! E :a- =ª,__ a.:> Q) "0 ~.>.." E Eo. ctlc:g§So.9E c: &ro0 cu U)._ .. -õ "", 1j", <;:w '~:e .- " (/)'" roE ;:¡c "E> ". -> 0" a..w "'", ,,~ :go( 'è " " " ø1: -0 "'0 ;;:- ¿CD_ 0)-_ 'CI) ~ ~ . " " c... 'C t:: (I):t: oeE cñin..c: Q) :S~"'a.. --.E 3: c - "00 ~ g' Q) +:: a:¡:: ~ 2 g e¡¡; ë C-c c Q) 0'0 0 EE"'o Q)1JQ)u c»c:.c c: «Iro'0ctJ C -:J_ roë E [ E" þ"i3 E._.i': 1nêUro::¡ ~~ 5-:2: " ü '" 1ií ;; '" " .c Ü Õ Þ Ü x x C) £60 æ'§£'3:~ ~ _:::I -ro. 0"0_ ~'C ~ 0)_ 0-;::-(1)0:,..... '!:"::I () >M.> CoD ( ,) Æ.......5 13 rlo~E%!:Éro ~"'O..c: 0-8 3: CJ) C Q) c.. c 15!€ U)-g~:a "O"c=,,"œ ci'º~e§CJ) ~uõ~ C»'t:õ .5~.E g~§ ~ g-~~.~~~ ~U5 8.!!:! a."Cëi 0- - E>- E .... æ: q¡ a.:::J ~~Q)roa.~8 Ii3£wro " ~ '" '"": '" E1 '" '" 1ií .. .. '" " w , I " ü '" 1ií > '" " .c Ü Õ Þ Ü x 0>"0 0> o C Q).I:: 'C ro ûí c.s Q)"x O "" "0. E~~.9 (1)'0 Q) Q) C»>.c u ~ro:2CCl') Q):JctlQ) .oO€a. Q.)o3::J.Q .~- enêi) en (6 en Q).-'C c ~E'C C o.~ Q) ro --Nc Õ :;~'Ë:8 .£ g>ï:: 19 ~'6:a'Ë ~ Q) .--~ Q) 4:~Q).8> J i:' o >.:¡::; "" co. ~ §.~ fU§ "-oc~ t:ñ en õ.~ e ff5 & :eccc ~OOO CI.I' , I D:::ro.a<.J ¿ .Q ..13 >-§ 2 c.>'-1i) c13c.. ~2o§ . C"1i)U:¡::; c EC-Q).~o "-00 5ëiE g>~ .c :¡::;õ cnoO)0t!!._ C-::IUCI.I> 1:::; e c c..c g.c¡::OOO ell.. 'I I 0" w ::IE 0(0000 '" ~ I- '" :;¡ ~ t) w :>: 0 ;!: :IE ¡ i:=i >- '" CI C ;;: 0 ::> ~ a: a: l- n. « '" ::> CI n. ..J :>: Z 0 « 0 æ ¡¡: ¡:: IL :IE ¡¡; 0 0 I- ~ ~ Z 0 Õ 0 :IE z 0 ¡:: « CI ¡:: :¡¡ " .......9 o- m "0 -"" OJ·" 0., > " õB .,~ _0- "'E CO t) t .2c:.8 0 0 0- 0 0 0 .; Q).Q l;' ., E ro c a:: ~~ ~ ~ 'ã)~ 0- S C E ~ ï': m ¡=>u.. 0 m m cD ::¡ '" '" J!I J!I 1ñ 1ñ '" '" :> :> :> :> gt: ~ '" '" '" '" .- 8." "5 "5 "5 "5 §Q)ctI "" "" "" "" ::¡a::~ ü ü ü ü Õ - Õ - 0 0 þ þ þ þ 0 0 0 0 " -'" 0 "'c X ~ 00 g Q.ü :¡ "'- õ "", .,," X X X X " :>0 E cU .ê " ,,1ñ E ~" F Q.o ü -go~~~ '" o~.!!> -gn ç,!::",~~~ CO Q,) Q. i3 U') ·ê I!?... ~ ",,,,, (l)co~coE£ > - Q) Q) cñ'œ"º tJ (Q Q)Q)O:'¡::¡ e!.> ,-Q)g~C/)Q) Q) U)QQ) ..... >q= ro ",e (ij otJ).-:.. "'''' E " 0- .Em8~C:> ..cQ)"Cc: ...- E~32 IJ.) .2 c: Q) Q).i:: ;: ~ e .s:::. 0)-- '~ïJ ::1=:= >1-- 0 c.. >,- .... "C .... 'E ~$:g ro ::I~Q)c.. ~'E ~ ~ ._ "C U) E '" .c "E Õ c).£:: « ,,~- õ :5Q)ë'--ci ~ g iiLI):ë Q) .'- N Q) :BS~- m.c Q)Q)6 I : g¡ ~·E J!I" '" :> ",,'" .~.D ~ .. Q) ::1'- (1) CJ) 0> a.:t: Q,) Q) ._~ c: m '" ~'-C:'O~::I .5= 0 ~ " .. ~.... U) c"&. co_ " u 0 co~ e øõïi':ico ""'E ~ ev-g"E ~ ::¡ -o-Eëõ ..r:: "2 '" en.5 ro . .- CD 8. 0 Q) Q) '- c: --- .."", Cl)C) -EO)Q) " ::1(1) U)Q)..- ro..."O (/) . "'loo" .Q e£ E.<: ~ ~ -S~eÆ~ ~..cf/)~ ~ê ~o~êij iií C)~.g Q) ~ ,282 § (t '" "e! .- >.-00_:: g êijJ:l ..ccnE t:: u = '- at: C) §œ=æœ Cl)õ ro o.£5!~ ~ 0"", E"CE~u)CJ)~ :¡ ·O.c1;:: "C c: Q) 0..- :J. Co:¡::; en C> ~OO:;ï::> Q)'OC:0ro E= (t c: Q)Q)Q)co't5c:= t::~2O::l~ c:Q)roQ)- (l):ß e"§ _~(I)Q)Q)·t:ro « ~,,- u:: ~ E ~g I--"CCQ-C ~.!!! ~~~ª 5- "1 "" "' "! "" .¢ .¢ "" "" .¢ .¢ .¢ "" .¢ .¢ .¢ .. -õ "., f!= ""w 1::- ",J!I iñ~ roE :¡::;c: :¡¡e õ":; Q." w .,,,, 'Õ :>" " ..~ :> .!!!« " ~.- ,,- -" ",0 ~S i:' >.E 0" ,,- ,,0- :>E C" 0 . ~ "ü" ù: c:B . m0.!!! C) c: ~ a.S ._ ~> 0 t:ccg> 8.000 ( ) " , 0:: co..c 0 i:' .Q .. . ~ t5 >-"2 o.Q_ c: 13 (/) ~25ë C"t)U.Q . !:5s]2._§ LLO 0 a. C); C)o"§,E~.m c_~oœ·º '§ ê5 eO Q» ...·cJ::,. C Q.c ï:Q.I-OOO o ' , , , , :IE«müC>w "" ~ Sc:.E Q).Q ?; E 1§ " œ", " -'1::::1 ",,0- E " ¡=>Li: I- <f) ::; " I<: 0 0 ~ w g x: 0 ~ 0( :;: õ >- I- ~ " ~ >- <f) ~ E c :> 0 'ª ::> :5 a: " a: I- 0.. E 0( <f) ::> ~ ¡:: 0.. ..J x: Z 0 0( 0 æ ii: E ... 0 0 :;: ;!; I- ~ ~ z 0 õ 0 :;: z 0 ~ ~ ¡:: :¡¡ '" 1;; '> at:: (;' l!! :t:: 0 c: :::I C Q.Q: .c OeDenU :::¡:O::<t; _ o "" G " õB '" "0 -0;: lII·¡: 0", > c õB "'~ _ 0. "'E 00 o to o " g-cû a: ~ .so ·ë ocê ::;: - -., .,,, x 00 0..0 0>- "., .,," x ,,0 00 ",1;; ~c 0..8 :2~~~ O....ctI= .c. 0 :::1.0 01:: g~ .....-1:) E 'OcCC.... Q) 0'0 Q) c..øa. (I) .~~ ê -g . ~ Q) ~ U') 0 (I) :J U Q).£: C)~ ~cña.~-gU) ~.s~.c('IJg' c~g~~·>. o .c ctI Q) :J ï:: .- u.c-C1> ãí cc:~g-g g ~ (IJ-ci Q)::I :Ë ~~ §~.ê tõ= c: e 0:: .E201wo r-- " " " ., -õ c'" Bo= ",w "c- 0>J!! Wæ "iijE :z:c: iJ~ õi: o..w "'", "" .,~ .!!!« " " :J " iii:.=: -" ",0 3:8 '" '" '" ü ü ü '" J!! '" 1;; ., 1;; '> '> '> '" '" '" "5 "5 "5 .r: .r: .r: Ü Ü Ü Õ - Õ 0 "" "" "" G G G x x x ';£'"'''''''1.';£''' =--5 ero CD cg'- ë5 ~~ _.2~~3:>. .tI= Q.û) ro (I);:; -:..."C"C O.?;- - ro c ~'Q) (1) c: (I).~ ~.~ "C:::::Cu2(1)(t ~ro2 -0-> oQ)...c:: Q)....!E " 8_.cuEo::l ro en "C g:J E- CI) ~ Q)cQ)Q>CI) uctl(J øJ::Q)(I)"þ -8w"Oe Q) U.c:J en ~ c: .c c:_ >-c: ro.S:J ro"C g~"'C=æo~2(/ .!Q~ Q)-co+=õ(\Joii)·-.... .... ctI'-~""-Q)°o ........ 0._ Q) 0I.c IJ) c 0 Q)~¡¡: e>c: ~~ .9 ro ~'S.!Q~ e~~ - ~C)('IJ (IJroQ)- ~~~~~~~£Eg ~oCJ)~gQ)c:oQ)~ _.c. ro ~.... (I) roCD a.:> co " " " x 13~oS- ':8 E U) ~ l!! 5!~..c ctI~ro.s I-- Q,t) 13...; 2'Æ. æ~.!5!.g c.,," _"'0- crocuo (1)(I)'ã..c E:JQ)Q) ~e""æ ~ &.8 ro ou£ .,.," :J....u ~<.:i e ~ :J':>!5 0..0 (\J Q) ro œ a..c a..... 0> " " " ¿ ~E "" ,,- "c. "E c-O . ~ eO § ,Lc:¡:; . tn0.!'5! 01 c ~.Q.E ;:I ~> & '-c:c:c. &.000 QI I I I D:::ro.LJ<.J !!1" "'''' ·CI;::; " ro "0 cñ E,,- ",:¡j ë ·C ro="5 ([~ c: .s -e <tie 0 - ., e_.LJ ë a.ro 8"" e" Q).æ ro .~.£~ - " !9 J:: ro ~.!:2~ ~H. ¿ .Q "ët) ~.Q.5 I:t){/ ~2§ë C"1i)O.Q . e§"S~.~§ LL Ü ° a. C):o::;:¡ tÐoJ:: E·£E! 1:_ g>o,ª.Q "§aeüQ» ....£: L::. £: a.c ,,0..1--000 01 , , , , ::E«CDOOW '" ~ o ~ " ... ... I- '" ::¡ " u W :J: U < ::E >- I- ;Ii ~ >- '" C) c :;; 0 :::> :5 0:: 0:: l- ll. < '" :::> C) 11. ..J :J: Z U < u æ ¡;: E L&- 0 0 ::E ~ I- >- ~ Z ..J 0 0 Õ ::E z 0 ¡:: < C) ¡:: :! c .......2 0- .,r¡ -¡¡:; "'.t: 0" > C _0 0:.0:;; ".!!1 _0. "'E °0 ü t ~ 0 0 .Be:..... 0. '" ( ).Q l;' " E 1§ c 0:: ~t; ~ Š 'â.)"æ CF ~>~ ï': ü 0 ::;: '" 'in '> 6t::~~ ~ &.55 .È oQ)oU ::;:0::< _ 0 ;>;- Ü c - -'" .º "'c X 00 ¡¡¡ "-ü 0> "" ::¡: 0>- Õ C'" ·C C ., ,,0 E oü ~ ,,'in E ~c ¡:: ,,-0 ü ~~ 0:5 e!°"B 0>0) 0..._ ~z.ã. 3:"õ..øg. .Qc;ë- CI) ro:;1- ~ ~ ~ ( ) E ;j U)'C,I) en ~ :J.£._ en ro II) CI) e:!e ro ~ ~~-c_ ~ c: ~ c C8~ o '" '" E '" .- ~ 0 Q):;:; 16 0..... > c ,2'1 -g-c cn:.¡:¡~ :!: <f) ~-cS'g) ~ Cl)Q)Q)a>Q) e >"C 0>'- CJ8ß~.9 ~ ~ .¢ .¢ .¢ '" ët5 B:ê ",w ï::- O>~ ü5æ ïiiE :,¡::;c æ,g õÈ: "-w "'" "" "'~ .!!J< í3" " " c èi>:,¡::; _c ",0 3:8 o '" 000 CD CD CD CD CD ~ ~ ~ ~ '" '" '" '" '" 'in '> '> '> '> '> '" '" '" '" '" :; :; :; :; :; .c .c .c .c .c ü ü ü ü ü - - - õ - 0 0 0 0 ;>;- ;>;- ;>;- ;>;- ;>;- ü ü ü ü ü X C >og 0" c- ,,0. "E D""O OR Eü § LL81i1 OJ ~ .:Q.E ~~> & "'CCc: &.000 Q)' I I D:::ro.!:ltJ X X X X X .s~.ß' g>.s t;::: ~ CUo 00 ( ) œQ)- Q):'¡::;"'C 'ã.~ 0) a. E:f: >UQ) .2:Q .C_ (I) a:oll) :¡-6~ .~~ 'soE :.: Q) ro en Q) 0 "'5 :; crE Q) ro....Q)~"Ca. .ê 0 Q) (¡) c..O')....~....CI) 'Í c: >- _C:Q)~O(t en Q) .º£VJ ~·º.cQ)dic .:.:: a. t).- -c=cEco (,)2 cbcñ2~c ...·ËfJœ15..O._ =Q)_ .9 ~Q)_äi~:§_ E~~-cõ õ.¡.:c:.s;::.U)ctI:¡::¡o o't:8Q)·~ ...U)Q)-"OC/ e! C'\I::J 0..._ o.geõæcomC) (t cnz..e- --= en Q) -Q)CC _'C:J::J-o CCDa.c ~""Q)'C: 011)'90"0)L.. 'C> .2 C)tO C)Q) _ > >'Q).2 ë œ:Eo-.E-c+-, > c: ro > - 0 œC)It)j9"CQ)~8 CDg-ro §o ~.a:; i ~€-c ....: E :J~.~~ C õ~.8 ~ ë~ ~ 8.'~ ~ 5õ _ß'~ CD::J «Iã."C'tJ::J t"I-.e:!::: CD (t E-- "'"O_E>-_"Cc:«IcE(I) oE => ~ o__I 0 ~a.. Ew==>:: U (1) ¿ o ._~ >.C 2 g81i) o ~2§¿ tT1i)ü.Q . f§"'5Æ.~§ l.Lü 0 c.OJ:.¡::; en .J:. E .SJ!! c.s~o~.Q o§:seÜ/l» _ï::::..c.CC.C: "ë:a.......OOO 0' , , , , ::E<CDüOW <0 ~ È C " (J)Qj ~cu -ëij c> .- e "Co. ~g. ~=ª' :Qü ",.9 ~t5 ~.!!!. ",.0 "" ~~ c~ 3 0' o :.¡::;~ .c ~- § :En:: (J) ~ü:i. . ~ §~ m ~~t:-g~£E «I~ ~ mu·õ.o t'ÐßãijE E2 ~=""fIJ'C:~' U "0 0)t'Ð...... Q)E at ,S1i)jE~ -;; 138 ~ _C«Io"O«I:E ,:0 S8'õt::c:æfl)Q)_«Ico ~ ~ßco3:c>~ C EE(I) ~(I)OC 0)0 Q)jE«I ~§ro.-gë:ÉfI) ð t: (I) o):.¡::; I/) fI) U CD I/) C c ot5,S ~~ 0 2 E·x.Q . '-..c. «I.... co's:'-Û).Q-CD(tjÆ Q)0C.nJu:.¡::;Ec~ -I/) ~.c:,E~ ~ g CD 8 gg'~~ . . . .~ ïii " a ~ ¿ f- 0) :J :<: o w ;¡: o :E ;!: ~ i ~ ~ 8 ~~~g: <I: 0) => C) a......I :I: z o<l:O¡¡: ã: ¡::: I.L 0 :E~0f- ~ ~ z o ¡:¡ 0 :E z o ¡:: <I: C) ¡:: i .Ec,s CD.Q ~ E"B c ~¡;: ~ Q)'~ 0- E> ~ ï= I.L c -.Q 0- "r/ -¡;:: t'O.¡: 01\1 > $¡'e ~ .- 0 c co." 0" 0> ::;¡o:<{ c o ~ 0> '" :¡ 15 " E .¡g " E ¡:: c _0 0+= ,,~ _ a. "'E 00 o " o a. CD 0: ~ .E! .:' o ::; -on onc 00 0.0 01- con ·c e ,,0 00 e~ 0.0 o on ë~ r/'" ""W "ë- 01$ øäj "iiiE ~c áie õ"S: o.C W CD", "" on~ !!!<{ on ~ ::J on '" CD ::;¡ c .Q ñ1 g :¡ .c:c "0 c'';::; ",,, 0:2 >-1;; "'c õg CD" £" C::J .- "0 "0" ,,~ "" ~B """' "0_ ·-0 on, ~'" ::Je. ~c:: åj ,,- ~ ::!,W'" c"on occ :æo,~ .~«.~ "'o.E ::!'ClJCD .c: " c '" 0: >- '" õ þ¡¡ =::1 "'c ::J.- oC' ~o <~ " uuuouU " !D CC CD II] en CD ([) !D '" 1;; :> '" S .c: o 15 ¡;. (j ."3 ."3 on on :> :> '" '" "S "3 .c: .c: o 0 Õ Õ ¡;. ¡;. (j (j x x X ro ,£g en g en f/) in IJ) :> :> :> :> ro ro co ro "S "S "S "S .c .c .c .c o 0 0 0 õ õ õ õ þ þ þ ¡;. (j (j (j (j '" 1;; :> '" S .c: o 15 ¡;. (j i:: :-.g "" e- "a. "E erO .- !<.) § u..C:;:::;; . OJO~ C) c _.Q.5 _Q»o ~gc~ &.000 Q) , D::ro..QU X X X X X >- 32 " ·5 C" i:: o ..+:: "Co ~.Q.5 c(3 (/ !25ë D"1nU.Q . f§s]L-6 l.Lu 0 Q.t»+:; OJ .c E·c ~ 00) :¡::¡ 0 c-:::I°œ·- ~ Õ eC,) 0» _"I::.c c: a.c ;:o.f-OOO 0' I I I , :E<{!DOOW ... - ocri....:..§ ~ a> (]) .s ~~ ró ...: r.n~ .5 In ~ -c"E -õ u ë 0 ~ "00 ~.- c2ro2 Q) 1/).... 01.5 gï::a.v.; E ('IJ "0 E ro::lEc: a. C) 5 ~ Û øë";D 8's -'~~.s O-Q) N C" Õ .:; en 0E--EO) C1) _"C o~ U) a.._c c g ~ -0£ ro f/)'5~E i c: ~ ro ~~ (/ ~ :JCTE"-E u 0 .co ~~ g" _2 t5 0'1 §""'a)'D. e'·"O cc:B! (/ ~",,;c"";:¡::¡~~1J) CD ggcc c Q)i'Ei~"CEro _~ "Sugg 8 ~E"'E_Q)ro~ e"E 20::1 ø>X'- E_2= - u~c:~c::¡::¡Q)~ c:£ ëñ ~û) 8...5 ~5-g 5-8'~o'51n ~ E Oc ë£ roQ)CJQ)Q)_~CT::I~.s ~~8~Q)~~~~~~£~m~~~~ '--m-E~uu~.-~~._~ m D E~ ~ ~ m mmE=OO.~m·- '2~~m'5mom~m~-~Dro~>~ ._~~OO~OO~OOOOOO~·_~~Oroo ":!: E a.::> m::> a.::> a.::> 0..> E (f) ro.2 Q. a. . . . . . . . . ... (/) :J " u W :J: U ¡5 :E ~ ~ >- (/) C! ~ C ;; 0 ::) :5 0:: 0:: ... 0- « (/) ::) C! 0- .... :J: Z U « u ii: ii: E LL 0 0 :E ~ t: ~ ~ Z 0 Õ 0 :E z 0 ¡:: « C! ¡:: :¡ c _.9 0- ",r¡ -<,:: ro·¡; 0", > C -.Q 0- ,,2 _0. "'E CO ü t:: .EcE 0 0. 0 0 0 4).Q £j' " E ro c 0:: ~~ ~ ~ Qqi.~ 0" B E ~ ·ë aJ aJ aJ ¡=>u. 0 ::¡ '" '" '" 1ñ 1ñ 1ñ :> :> :> ~ t:: >- '" '" '" =ª8.g :; :; :; 511)C1) .c .c .c ::¡o::~ ü u ü 'õ 'õ 'õ Þ Þ Þ Ü Ü Ü C - -" .Q "c ¡;; 00 g o.ü ::!! 0- - c" 0 ·c c X X X " ,,0 E CÜ .ê " ,,1ñ E ~c ¡:: 0.0 ü ~r-- ~J!:!.fJ~O«l~~C~ ~.~ c ~~ .Dc:J J::CDC1)W 0 - co C1)"C O)CI')'-'- U.c: "" - øe:::" ëõã.C)Q) C U) ~.~ 0>- -c ~ "'-" ~Q)ro""·5šë"">a.õ ":;0 ww(ij g-.9-moõoc 110 " "(/),, ~ClJeCl')~O)""C:U')o "D Q) £E§ -11) COeD _+=- ,," " ~(¡;8:¡::¡-2..ce:JJ9 ·c.£ 0. " c ~ri5 CO..c '>~_roro~c: -":;0 " ~ .- CJ)(/) .......'- Q) Q) "'", 5 " " e·Ë co_ti°S:;o:g"'E "0 0 " ~c..Q) .º....~ct'I:E OÕQ) "" .c '" t) 0"0 ~:g1ij ~ë;) ClIo. c" ¿ " :µcnC ::¡ 55·£·Q 2 ø :,¡::¡c{ :J"C.~ c: E "'~ '" 0. -01:15 --ce" EO·- t::o cb,; c I/)rou oC):¡:¡>-. :.0; .Q .- æ 2 § 3:c.. ~ qH)'§ w g.c :=0) ,,-- o~ EO ¡;; "a. " (J..c«Q)cc..::Iii)-o-g .£Q) ö-ê 0 ~'c -o:!: c¡n.Q«"O::I Q) N "' ""8 Q)~oû)~Q)"C"C~:= . -> N" ::!! g¡cx: ~"C ~:J·-:C.!!!S c m ~ ~8,; "," """ a.C1).-"C ESQ.!: 0........ .r:: >.= ~~ :E~g c32C cnC1) a. a.:J ë;) Q)::I U)"t::: 15.. ""''''" cl::" ::I c: c C_ Q) ro ø.fI' ,J:J ~ o c." 0'" " -c "CWO »-c _ 0. "'" .Q CI') e 4: a.~ :J :J () Q) co E r3 Ë 2ec Cc ;11 roa5.9 (( "C"C(tI,O'1:IW ... c.", W" 1ñ &11)"-:' '" .- ....~ w ::¡eJo ~ '" M " -ti c" r¡", "'W ï;:- oj!! Cñæ roE :¡::¡c: Co ,,~ õ":;: o.C W "'" ~~ "Q) ,,~ =::1 .!!!« "'c ".- aë ~o :;;:ü i:: ~.Q 0;; c- ,,0. "E C-0 OR eU J~ I.L c_ . m0.!2 en c: ..Q.5 :¡:I~> & "'eec ~ooo Q) " , 0:: CIJ.c () co i:: o . -t3 >'C:2 <J.Q_ cõ (/) g;2§ë C"û) ().Q . e§:;]2..§ LLo 0 o.C):.¡::¡ C)o.g,E~~ C_:::I°œ·_ ~oeoQ» ".I::..c c: 0.. c: ;:0....000 O. I I . t :E«aJüCW f- '" ::; ~ 0 W :>: 0 ~ :! i iIi >- '" C) 0 :> 0 " :5 I>: I>: f- 11. « '" " C) 11. ..J :>: « 0 z 0 õi ii: E u. 0 0 :! æ f- >- ~ Z ..J 0 Õ 0 :! z 0 ¡: « C) ¡: :¡¡ I:: õ:B ",:3 ~¡¡; <\1.1:: 0" > I:: õ~ "Æ _a. "'E 00 ü t:: ~ 0 0 .E 1::- a. 0 0 '" 0 0 CD.Q () &. E 1§ I:: ~¡¡;: Q) ~ _or:: ~ .'1 ""cr" ~>at .1: 0) 0) ü 0) 0) 0 ::;: $ '" '" '" '" V> 1ñ 1ñ 1ñ 1ñ :> :> :> :> :> 01:: ~ '" '" '" '" '" ~ 8.55 "3 "3 "3 "3 "3 ~ ~ ~ ~ ~ 0"0> ü ü ü ü ü ::;:1>:« õ õ õ õ õ Þ Þ Þ Þ ~ G G G G ü I:: - -V> 0 "'I:: X 16 00 g Q.ü ::¡ 0>- Õ 1::'" .1::1:: X X X X ., ::>0 E oü ~ .,1ñ E ~I:: ;:: 11.0 ü IBg-o~Bo '" -drJ£ I:: ,¡; Ë~ <Ii c: g >-.....: .~ '" .º .- ., o_§~U)~Q) ~~~ Ü 5::Q).t::b:::¡ 1ií 2 û)="> "C 0..- > Q)"C.s:::. E 4113U ë »"5-- ~Q)ê --oro "'.- 1ñ "'" Ü =::(1) ~Q)Q) '" e::>" I:: ECQ)cu O-"'a..ð'ec.:: 0> 't:)C"'£ 0 a.o..c c V> '" '" 1ií >-'" >- 0 "313_-2 CI:IQ):J Q)~ '" :§..o~-gJ::u"C > . ~"'.o 0> C"CD(ijt) ~ B'" Q) ..... III ~ a>.£: ~ .,"'", I:: Q)'C'J: 2 ::> xo> .c ~Q) . 'E c:=U)1i) '" 'C=Q):JODt:: m "C ro 0 ~ ...=.- 0>- _ot)c Ë o Q)_ C '" .-::> e c.c:J a.ro"C õ;o roã:ie-B 'i' ü~_8 ::;: co f/ "C c..c "'C ~[):c~ II) ..... « f/ CD "'0 E 2oc-o I:: ~ CI).....~ (/)1\1 ë;)~ 8 c g Æ", "'v>., '" "C Q) 0 (IJ 2- ro.....roc :2 I::V> '" '" ~ ~..... E "ii) e "õ..e 0>0 ., 0.5 Cf.I t» "'., ~ R-g~ "0 °Ecc:: 0> ~'t>- ....;cc 0> '" a. 0·- ::¡ ~~2$~-BB .'10 '" '" ==~ Þ8.- "0 ",0 "CQ)ctI:J :J ~œ ClJro ou "., Q)a..Q)'O "9i"Ë 0> ~ 'õ"3E22 -eB:¡¡" .QE "C Q) 0 Q)_..... _ .0 >-¡;:: t» "(ñ- :::::I (f '- 0 a. "C~Et>êê êi)-g~.g >.- CD C 'ro ~'5 ro"C "I:: ccoEcuooo I::~ 0>0'-:3 00.._ a.E 0 (.,) 0", i:5~ &.e "g IE.E:"C "" ,,; <Ó ,..: .; '" -ü 1::., BII= o;=W "c:- 0>$ U)~ roE :,¡:;;c 1::0 ,,~ -'S: 01:: "-w .,,,, ~~ ::>" "'~ =:3 ~« "'I:: ::>.- OE ~o ·-ü <C_ i:: >.B 0" 1::- ..a. ::>E C"0 OR ül:: fc:.Q u..oroÔl g' _:Q.E .t:-~>~ 1::1::1:: 8.000 Q)' , , D:::ro..cO 0> ~ i:: .Q .. ë13 ~.Q.5 I:: ü V> 82 g i::- C"1i)ü.Q . f§"5Æ.~§ LL () 0 a. 0>;; C) .c E·5~ c:B g>0'ë.Q '~oe()Q» _'c:.cca.c: ·2"-f-000 0' , , , I :!<cO)üow ... '" ::; ~ 0 W J: 0 ¡: ::; > iIi ~ > '" C) c :> 0 ::> :5 0: 0: ... a. « '" ::> C) a. .... J: Z 0 « 0 ii1 ii: ¡:: LL 0 ::; ¡¡; 0 ... > ~ Z .... 0 0 Õ ::; z 0 ¡:: « C) ¡:: :i c: _.9 0- "f¡ -¡;:: ro't: C" > c: õ~ ".!!! _ 0. "'E Co U 1:: ~ 0 0 " " " ..ec:- 0. " " œ.Q () a: E 1§ c: ~¡;: ~ g w"5j CT OJ OJ ~>~ 1: OJ OJ 0 :::; 19 '" 19 '" '" 1ñ '" 1ñ :> :> :> :> at:: ~ Jg '" '" '" "5 "5 "5 :g8.c:.ê .c: .c: .c: oQ)~ü 0 U U ::Ett:« õ Õ õ õ þ þ þ þ (3 (3 (3 (3 c: - -'" .º "'c: 00 ro a.u 0> '" ::¡ g'1i) - x x 0 ·C c: X X " ,,0 E ou œ Q; .,1ñ E ~c: ¡:: a.0 U "0 c: . '" " -B..õ~ I:t:!ë c: Q)Q) :=~cue~ 10 .s :E_c "õ ,,- 0 ~ 0)_ CD " '" E.êu ë'5 gï=~ E '" 0. 0> _"'2 Q) iêõ-g ·5 ~ oCl)'t) [.....œcncu 0" .E (I):'!:::::c: '" '-,£.ë c: " c:c:o 5-cn'æ'~~ c: ,Q:::I (,) ~ Q) ~ E.~1ã 0 c: ]1-" " u 0 '" ·õ\- e:æ ï3 "c:", '" 2 0."", " CCQ)œ> " . oE.c: :::; o CD Q.Q) CD 1ñ. ~ë (/ .9-0.....:.. c: ~ã.)eoë c:" ~" ,," '" ,Q ~ ¡ß a.-6~ o:¡; E o 0" ~ü ".- '" 0.9- Q)(I)G:!cu ê01i)~.c~C1) ro'" ~5- c: ;.::;.a. .Q> c:....:!::: 0 Q) .g~ "'C: E :!::: oQ)~-.c g" =: 0"0'- ~ oJ:J c:_ 1310 f¡"O :::I1šœø e....oQ "" ~ .§ 2·!:!·!:! cuQ):;::- m~ a..c:5 e CD " "'- EE .- (,) Q) 1;J "" ",. Q) ~'ël= ::J Q) 0)11>.- "'.c: :38. .c 0'-'- ~Ì5..s g.~ ::>- ..."EE 0 ~ oJ 0; ~ ~ ~ '" ë~ 13:00 "'w 'c- o>J! ü5i roE +::c: c:o ,,~ õ'> a.C: w <D", þ¡¡ "" "'~ =:::1 2« "'c: ::J:o:::; Oc: ~o :.;:8 c: >oE u., c:- .,0. "E C-O . ~ ~ü.Q LL. c:_ . C)O E;! g' c: ~ 0._ ;~5 ~ .....cc:c: 8.000 Q)' , , 0:: roJ:J (,) ë .Q . ~ 13 ~c: 2 0.9_ c: t5 fI) ~ 2 § i::~ C"êi)ü.Q . ~§"5§.~§ LLO 0 a.CI; C)o~E:s~ c-::J 0 ~._ ~oeüQ» -·c.c c a.c: ·"a....000 0' , I , , ::;«OJuow o '" ... en :; " C,) W J: C,) C :IE > ... ;:¡ C > en C) ~ c :;: 0 ::> :5 0: 0: ... ... C en ::> C) ... ..J J: Z C,) C C,) õ2 ii: ¡:: u. ~ 0 0 :IE ... ~ ~ z 0 õ 0 :IE z 0 ¡:: C C) ¡:: :E e: .......2 0- "Œ -'" "'·c 0" > e: _0 0" ,,~ _e. "'E 00 ü t ~ 0 0 ,ge- e. '" Q).Q ~ " E1'J e: CI: ~t;::: ~ ~ 'ã3'~ CT B E " ï': C ¡::>u: 0 ::¡ '" 00 :> at:: ~ '" ~ ~æ "5 .r:; o " 0> Ü ::¡Cl:c Õ þ G e: -'" .º "'e: 00 10 "'ü E ::¡ 0>- Õ e:'" .e:e: " ,,0 E OÜ ~ õ; ,,00 E ~e: X ¡:: Cl.0 ü '~æ §~ g><l~ ro@§iû 0.0.--_-- O.c. (1)'- ~ E_ 16 >-~ . [-..e16 ~g.Q>.c ~E >. ,21m o U)E"C~~"- (t :GED.. . 0).- (1)co"C~.r: u"C .c.u-o> Q)....c ....._~ ::: c c e t: Co.£!:! co'" Q) 0.'5 '" o (t co Q.:J 3: a.o..@.c.EC" i!' C'O+:: Q.U :::I Et::~Q) " .Q~ ~ co Cl)B 0.9 c.20;;; '" to) CI).-cQ)a.e» .......- '" 0a.«'- :::I ~ e:: 0 0 ~ " Q.E ."Ô-g(/)~~(t C§Q) ::¡ e: ~ 8õ i!' '" ""0 ;:"; e. 0 Q)('O .c.u oC:0e ~ c:.!Q'-a.qj- cc.......c ro 2 a. :J_eQ)Q)c-oc: - 0> C/) c: a.c.:õ~..ê :::I=ä5 ê;: ; \1)~"'C c'i- cOO 3: 8 0 ::¡ .c. Q) c: Q) c: 0 .c ~ 6>((,1 ~~"C12:e~ U) Q) § 42= 8...0 $ 0.8..- co.;;(/) ;: §~ecn(1)æ§ :ß~.9~ :.¡:¡ ro c.ro ~ E:P Q) tn >1:1- 0 ro 3: 11'J.c. ð Q) co£; Q) ell) C r> e: .Q>~:5 C CI) a..2I > a. ro :ë " :!::: ctI_ ctI Q) e:!:::.... e a.-:!::: (/) :2:0.. oõ..C:::. E.e_ ro ~ 3: co R't:I - ~ 'CQ)'OV - C '" '3: °oS 0.0 Q)..c. ø"C o~ (.) CN (1)0 roj:5.c ~ ('IJ ·cncn2e2=c ~roro' .- '2ro~ -õ -U)"-CUQ)() uco.£!:! Q.;:¡V-eNfhOo_C'G e:" [rl ~ - 8 h (/ .a U) > II) (f .~ Q) ~:::I "Õ ro (I) D.a. Œ:o: -_0..0 ro-.~- cn~. 'C/)-co~_2C: <.=W ~ro~~Nj"Cj~~oi~c:~~go~~~_ "E- 0>2 cn€"-:::I_:::I ro.__o"CQ) ro ~o ü5~ ~M '000 DroCm ~ Em mNm2~0 O~ø ro -~ _ 3~ roE ~ '~~ri~~~møM~=O--Øo E=~ :=c o-ro~2~~~~roo '~ø_o~ ~ ~~~ e:o ~-~-0~u~~~6~ ~o ~ roõEgc ,,~ e_roo~EroE m Dü~ØØOØ~ m ~ õ":; ~~øøm:= := ~ ~m ~mro~~ø~ ~ Cl.e: maro~~~N~~m~__N_~€~~e~~o W ~Eoororo~ro~mc~eqroomumuo~o t-. oroøE~EC\lcro~~_~ro~ro'::coUJo~ "'" '" "" -" "'~ Œl! .!!!c .- " 0>0 .Q", .Q m <DO:: i:: >o-Q u;; e:- ..e. "E C"0'R l'!ü § U.ð~ c» ~ R:Q.~ .t:-~>& e:e:e: &000 IV ' , , c:t:roDU ~ '" e: o . R t5 >,c2 u.Q_ r:: 13 ø ~25ë C"øU.Q . e§~Æ.~§ U.ü 0 ~cn:,¡::::¡ CJ) ~ E·£.!!! c:.E §r0ë.Q "goeUQ» _'C~ c ac ·;:Cl....000 0' I , , , :lEC<DüClW I- m :J :.:: (.) III :I: (.) « :IE ~ I- iIi )0- m C) C :> 0 ::> ~ 0: 0: I- 0.. « m ::> C) 0.. ..J :I: Z (.) « (.) õ2 õ: i= IL 0 :IE ¡¡; 0 t:: ~ ~ z 0 Õ 0 :IE z 0 ~ C) i= i " _.2 0- ",rJ -¡¡:: ro·¡: Q" > " _0 o~ ,,~ _e. "'E Co (.) t " k 0 0 .ri .Be- e. Q).Q {j' " ro E 1§ " ~ ~It= ~ .9 (D"æ 0- W ~>:r. ·E <I: 0 ::;; g '" :> kt ,., '" g 8.g :; 5Q)( ) "'" U ::;;~~ - 0 "" (j " - -'" .º "'c X ãi 00 g o.u ::¡ "'- - "", 0 "C" X '" ,,0 E CU 1!1 'Q; ~~ E X ¡:: 0.0 U " .E~ ~~:g~ 0 c æ §~ oõ~~ 0 -3:- -(I)Q)Cf)'- -(1).......- (I) '00 t/ co_ E roo::: ......L.32 « õEro õgæ1])~C: {ge.g·~ 0. me e·!:: ro._ E 0>_ Q)N.... c.. ...... en .0. .cQ.E ro-ccn ctI-ccnc: E- -E we c "'CQ)Q)~ " .- O)..ê'~.- QJ.!:: ro æ 0 ~ c=:!2 "' c- _.c:J~ .t)ro,£go..>!E '" IV.__.....C 0" - .c.U)a.2c ~ .!;; ...c::!::::O:::l~'O~Q)N a. t'lJo..C) -~ 8-s ~"CtI) -C ) "w " '" _ Q) § o!E o.,ê:J c.~ (!) o.c-g >- '" " '" ¡¡::" o....:;::¡ C3':_octlu.c oro= " ",3 u-O> (I)....... IV - "'_ (t ::;; "0 ~m2~ëñcn.9~øtli .ê2"5§ " ~~ (; eû5 co cñ~ ~ ~ .....:..a;¡!9 C"ë;, .Q "'''' "reg § e.!!!:S c-5~ Q)~ cn:c~ e ãi "" ECI)uc:(æ~~æe:.:g.CI)roÆ>-Õ '" kN '" "." co e"C 3': a.~.ca:::_'Š::::E CI)"'O,!9 c ::¡ "'''' coe "C a.. -Q)cQ.Q "'E Q)~cot::a.~ro>'::E::2E.cro ro~ "'" "E CIJ 0)0 .c<tlcr:: (1)(1)02: E" :J'- cn.c·-""" œ-- Q) 0 <> O).~ 0 C) 0>0 - 0 :ë .- - Q)"C " "'" ~o'O co:J cC)C)rouQ)(I)"E '" .9 Q) (1)0 œ'O roO e Q) ctI Q) e- Q)-c Q) ~ roro cn:.c5 e»æa:::Ö5£ã:oa.. ID g."§ 5.8 ,., ~a::: '" Õ ::;;¡¡j . '" ë13 rJ,¡g o;:W "ë- ",g i:ñá5 roE :,¡::¡c ¡¡e õ":; 0." W "", "''' "" -"" "'k rJ<>" 21« "Õ'I:S.!: ooë -"'0 .Q (1)0 [!]~ ë >,.Q 01;) :Go. "E c-0" fU § ILOC:æ ci> '" -" c -.Q.- ;:;~>& ""ccc &.000 CÞ , a:::: ro.c u ë o .. ..ij >-"2 0.9_ c t5 (¡') ~2§ë D"û)U.Q . f§'5Æ.~§ I.L () 0 a. en:; œ ~ E·£1S! c:.9 goë.Q 'goeuQ» _'C::~ c o-c ,,0.1-000 o , , I I :IE«[!]UCW N N ... '" ::::¡ I<: U UJ :J: U « ::E ~ ... ê:i >- '" CJ ~ Q :; 0 :::> :3 ~ ~ ... a. « '" :::> CJ a. ... :J: Z U « u ã2 ¡;: E LL 0 0 ::E ~ ... >- ~ Z ... 0 Õ 0 ::E z 0 ¡:: « CJ ¡:: :¡¡ c --º 0- ",r¡ -~ ltI·c a", > c õ~ ",Æ _ 0. "'E 00 0 1:: ° ..9c:.9 8..ri Q,).Q (;' '" oj E co c: ~ ",0", '::~::::I ~ '" '" 0- .9 w ~>at ·E <i: ° ::; '" 1;) '> ot::~~ ~ 8.5j .È 012)0<.) :::!:tt:« Õ Þ i3 c 1;)'" .º OC x ro a.0 g 0 ~ g>1i5 Õ ·c c X '" ,,0 E 00 ~ Q; ",1;) E ~c X ¡:: a.o 0 cø~ro-g~~O~"ºS ",~"5.s õ¡} m~,;!'j g, ttI - 0 0)'- ( ,) '_:¡:L. ~ .... roQ) > e- ~ cuæD::·!:::'E·!::: ~ ~ ro &._ CIJ « a.::ë "õ>'- Q):J 0 C "C Q)"C 8 a._:::!:.~ü~ aU) E.QO ã)oõuro C\lQ) _ .....:. ...~ ã:a.)CÞro~o 55 (/)0...£0 Q) 0).5 c m·Q æ a...... c: Q) '-= ~.Q>- C Q).... uoc£..ccQ)U).t:JC/) :::!: o£ Q) .r;:!:::-.Q.r:. 3: wOO ~ro >.r- æ g-mõ '" a::-:¡:¡ 1;) a..E°ã.-cn c..:E.-W'oa)- Q) C E B()Q)(U"C _Q):J ___0__0)a.. .D 0 Q) e C\I·_2"O:::!:c51Bcooõ :!::: corom_c :¡:¡(¡) " CD 0)1ij:J ro Q)"C Q) >< - ~ ~E~Þe,-~cu.9~~ '" rJ.Qc<3c .,CCDEQ) '" ..c.2 o£g.!Qt--g g-m.e...: cu_ § a..ç:~.s:::. >.ø.c '" ... 0 c.."C u_ CI)- ::; 0...00 œCl) 'C1)_J:: C1) og~OroQ)I:ë.Æc:S c Q) >-o~E-Q)-rot5 0)....._0.cõ Q) 3: (t 8 (I) .r: ro _ tel e C >.r:. 0._ 0 _o,£;;o"'¿ ·-"''''E!'j .~a..Ü 4);<;:: Q)'ã. E c ~ __.~"C Q) O)~"C 3:'- o Q)..c. 3: 0..- c::P ,Q).- o roD:: 2ro - ro c:£;'r--. ~3~"3£É ~ ~~"Ce.aca..$~"5.!!2& c E ~.a~.s::!:'3:.!Q 0 3: ~ Q.) g Q)"C 2~ ~æ- c{5 cu ro (IJ-c-g::.!a co Q);'~ 8. a.:S¡ Q)~ e'c cJ!!(2:g"E U)~~roQ»CI)~~:¡::~i- Eo&. 0.98.0 00 Cl)el"--.g.!Q~a.Q)ro:Jc E'- 0 13)-.- co >.>- o me~~g§o.19~ro 13) c 0.0':1 _ ::I t¡::: I ~ E 0 ::I ..c 0 0.0':1 u..c Q) ~ ....·c ~ 0 <..).9 co 0.Cf.)a::::~ u.~O::lÜ ~üro....-Oü"C_o.o.....<..) . '" ê'õ B~ ",W ï::- o>S wæ roE :o::;c æ.g -> °c a.w "'", ",'Õ "'" -",,,, "'~ !'jo" .!!J« .5> ~.!: ooë -"'0 .913)<..) "'~- ë >o,g u'" ,,- ..0. "E D"O . ~ eü g LL c::¡:¡ . C)O.!Y C) C ~.º.!: ;:;~>& '-ccc &.000 CD I I D:::CUDU '" '" ë ug "cu f;.Q S "õ'" ~2gë D"t)<..).9 . f§"5]!.~g LLü,g o.~~ tDooE:o::;õ c-::I°e·- 'I: oe<..) 13» J3:·c..c c: o.c: ëa....OOO 01 t , , , :E«I:DüDW ... '" ::; >:: 0 w :I: 0 ~ :;¡ i ~ >- '" C!) c :> 0 :;¡ :5 0: 0: ... ... c( '" :;¡ C!) ... ..J :I: c( 0 z 0 æ ä: E LL 0 0 :;¡ ;!; ... ~ ~ Z 0 Õ 0 :i! z 0 ~ C!) ¡:: :¡¡ " _.Q 0- .,¡:j -;:: (1J.- Q'Q; > " -.Q 0- ".£! _ 0. OlE 00 Ü t .EcB 0 a. Q),Q ~ ., E ro c 0:: ",u" ':::!E:J £ ",,0- ~>Æ ·E 0 :< .9t:~ ._ 0 c " 0.., 0"", ::;;O::c( " 1;;'" 0 0" :¡ 0.° '" U "' :¡ "'- - "", ° ."" ., ,,0 E oU .ê " ,,1;; E ~" ¡:: 0.0 U ·~æ~-~-5.9 0 ~~ æ~~~~ô~'£ ~.£.§ tš Q) ~....~c (/) c.!!2ü :01-0-(91-00 ~ Q)'- ~~~roco~ø~~ _~U(/) cOc()~O~u~~~ mE B~ro> ~_roø ~~ro ~ ~~e~Mroro~ >.~<:(::E >..m::l o~ Q)en ~- ga>.cQ.. c c: co-a.. roS~-_u.ccn·- rocn- Q)co .... gI 0>.... C)C.c- 0>......... (/' Sa:::"-- 0 u a.UJ '" o Q):E -5 0 Q) 8 u 0 -g _ ~+:: _"'- 0 ~ co..... c CU (j>.C'\Ic:œ M~Ê"""C " ~roQ)S"C Q)~roc:DNro::l~Nro Sc: '" _a>..c:t: "0- 00 .c.... ->. co '" .- _.... C Q) co è:' 0 0>0 ....,. - Q) " :r:=_ 0 «Iõ'£:: >.0)0-0 t;:: Q) 0>0 01 :< uBO= ::IQ.coa> Q)CO£C D.c-C>- Q)j~~(/)"Ceð.cês2"C8Q)g- !~ " CQ)Q>ca>Ca. -ooDa> .cO(/)CUOOø .º C:.cc:-·68a.c:.c+::Q)Q)~Q)-O~ox>- õí i2-oêc roo~.S!~u.~2:c: ..2;>.Q) ~ g a.>.a.roQ)_Q) ~ c:Q)Q)-crocc........ Q)D E- 0)(/)£ Q) >Oaf 0.... u 0 ct .- 0 ro :¡ u"Coa.ro~-uo ë ë~"C ëü=õo. ~~o~ êê~ic:Q)(/)Q)a.S¡Q) CaE 0)-- '-(f) EWE co E Q)....co (/)"Cœ-~:r:§ ~Q) '6 .cO» --eo..- c:·~C)o=o c·~(/)Q)c:Q)uceQ)C)c: c: ~c:Q)t:-o~2Q)c:o~Q)~æ=~~~~w5 o8~~~~~g8~~~~~~~~~~5~ '" ë~ ¡:j", ",w 'ë- ",E U5~ roE ~c "0 ~.~ 0" o.w .,,,, "'û "" -"" "'~ ¡:ju" .!!1c( 'ÕJ5:§ 00" - '" 0 .Q Wo <DC:: ë >0.2 u;; c- ,,0. "E C-0 .- U" ~ ".º LLOroò ~-g£ ._ (1» 0 t::gcg> &.000 Q)' , , ~ro.au ..,. '" ë .º .. . ~ t5 ,.," 2 u,Q_ Ct) f,/) g;2§ë c-1i30.Q . !§'5Æ.~§ LLO 0 ~~~ C)o.c E·S..!2 c_ ~o~,Q ï:è5eüQ» ,g·c..c c ~c "20....000 0' , , , , :i!c(<DUOUl ... In ::; :.:: 0 W :I: 0 « ::;; ~ ... ~ >- In C) C :> 0 ::) :3 0<: 0<: ... "- « In ::) C) "- ..J :I: Z 0 :;!; 0 õ2 ¡;: ... IL ::;; æ 0 0 ... ~ ~ Z 0 Õ 0 ::;; Z 0 ~ C) ¡:: :¡¡ I c _.9 0- ",3 -", (\ .- o~ > c _0 0'';:::; ".!!! _ 0. "'E 00 U t .2c.9 0 0. '" o>.Q lj' " q¡c 0:: el;:: Q) B -.¡;::::I (l) " cr ~>æ ë: « 0 ::E '" 10 :> tIÏ ot: ~ l!hú ü C) '" 8.c ..èo0u... 5œW UU~o ~o::~ _«0:: 0 U ~ U c - -" .º "c 10 ~8 0> "" ::. ~1i) õ ·c c " ,,0 E oU æ 'Q; ,,10 E >< ¡= ~c 0.0 U ~''¡~O'oro~ ro ~~ ~-õ-t5'Ë~~ c ~æ-g~ cD m ~o~ro-<-< ro~roro'cro-E~ 0(1. Q)J:: æ Ìi) æ Ìi)g 5_ R.9 ~c..J::~ :::I_£~:::I-:::I_~~OO ~:::I~ U ~oE~~~~~os~g§ ~~~~ CJ) Q):::I:::J "C .-_ _ 0 .~e ~c~cQ)<Q)~~cocro~ " :Jc-fi ro-ro£ E (I)::J(1)..c:Q.....: 0=....-0) C1) ,t:c£u9Eøa>C ~ Q)€ES~G§GE~ro~~A~Q)~5Q) " .c 0 ~ " .- e '" 0.- "C 8 ~ E " :~~~~~~~-S~~~ro ~~~Q) '" " Oem (1) E Q) I¡:: ( ) ~_ C/) - Q) ro -.£ ~ ::E ._ c "O'-"Oroe c ~E Co-a> ~..c:Q)__Q)t:Q)0 ~Q)oi·-cQ)~ro c ....-....C)--Q>- -E .- -roE 0 Q)J'scl¡::Q)OQ)~c "'C~nCD o>M ~ ro o-W..... J:: .c. u 0.E 0 Q) E E (/) t: ,C 0 :¡:-o CDÕ o~~~ Q)0:roO.::! (U g CD ~E~ ~ !J 41'= O=OC~Ü -ce '!::Q):J ::¡ a'5=cn'tJ'VctlT'""Q)= Q) __"C::IQum § _ ~~Q)O::JODroQ)E§(/)cg go> C/)O _OC»~OV à.ccu·- ro.....cu .!:: " õ-§O¡§.....c~.....-C)U~~-~~~ a. ro~~ê~~~B~.Ìi) ~ro~~sg~ "C o.Oro ~coo=ro"C"'C(I)Q).D.D=O'- c E.cO<-w~~·~~CC.D~rororoE= '" __ 0 ~rooø~~U_~ 'ó5 ~ . " -õ c" 1311= o=W "c- o>'" we: " roE :pc aie õ-S; a.c w "'" "" ~~ -"" !J« ~e~ -Õ¡~_£ oOe: -" 0 .Q Q)ü ",0::_ c: >-~ "'" c::- ,,0. "E C" 0 . ~ ~U g L1. C:P - C)O.s! 0> c ,,--g_£ .- 0> 0 t::cc~ :iooo Q) "1 D:::ro.co c: _.g -- c 0 ~_gS Cõ ø ~25ë c-û)ü.g - f§s]2..§ U.u 0 Q.O>:.¡::; "'o~ E·5.s! c_cno1tío ·C ~U c-- ooe 0» _.C:~ C o.c 'Ea....OOO 01 t I I I :!!«",UOW '" N ... en ::; ~ () w :>: () <C ::ö ~ ... D1! >- en (! ~ Q ;;: 0 ::> :3 II: II: ... 0.. <C en ::> (! 0.. .J :>: z () <C () æ ii: ¡:: LL ::ö ~ 0 0 ... >- ~ Z .J 0 Õ 0 ::ö z 0 ¡:: <C (! ¡:: :¡ C .....9 0- '" <1>0 êU!€ 0<1> > C õ~ <1>~ _0. "'E 00 ü to .Ec.9 0 0 0. ro w.Q ~ <1> E1§ C c:: e:!1;:C1> .9 -ï::: ~ <1><1>C" 0 ~>~ ·E 0 .J: ::;: OJ 1ñ '> ot:: ~ '" . ~oc -we> C 0.<1> ¿OLL. o~ en üÜO ::;: <C _<C 0 '" ü C -'" .Q "'c x 1ij 00 0> o..ü ., ~ 0>- 'õ c'" <1> '¡:: § x E ðü I" Q; <1>1ñ E ~c x ;= 0..0 ü ~~1::<{ rótf [:t:1:ê.£ ~ õ-ar ::¡__ J::Q) EC/)£;c -6 e.s; § . c: 'e< (1) "§ æ If) >- :EÉ-c~!!i! O-ujo.. § >..c ~~ 'C ~ Q) ~ o.-c .~.. (t (,) 0 Q) . Q)"'" Q)=>oro~c(t U')~ roro~COC(l)I1)'Vg' g, ~c: '" ,QJ:zs go.. ~ &.£ c"E ~ c:...... o-! Q) '5 ~(t Q) roe_.Q o(t O)CDQ:I E.s::.a og'a.01J ._ü~.c ~ '" ~-g.e·õ.·ËQ)æ~~~·õ¡ ='õ '" <1> =(tIQ)[ -50. ..~~Q)==(I) ::;: ._"'0>" 1!Q)00..""1!1!! C ~Q)ctlÕc~U)Q):.t ..... (J .Q (/):.tc !!i!.EroQ) .s"C .!'CtI 1ij C Õõ 'œõ ã)"C~.S"Cë ~-õ;<O g .Q ~c:"C :.t~"'C~m~2~_~ ~ 1ij Eo....<Þ-ctl,2ws..co-ocuO> ._._ Q)-c CtI 0.0 _-.fIJ a.C- g -~.-:JQ)c-e"CC: 0° "0 (t (1)- .....- 0 (t 0 e·- c: ~ c:~i!i! a.o-(/) a.~()o.õo i£!u R..c~c:·-ë. e:a;; " êD 5: t:: c: Q)"C Q) a (I) co C 3: Æ Q) 0 8 Q) c: 8.c 0 ~ u)'c f!? JJ1 _cc: .aro f-o_<.~o " ~ . '" ë~ ¡'¡-= ¡;::w ï::- 0>J'3 WC Q) roE :,¡:;c Co Q)~ õ'::;: o..C w <1>", -",,, "<1> ¡'¡<1><1> "'~ ~<C "õ>e E o :::;¡.- ê5~ë ._ Q) 0 !Dr::r:S ¿ >0.2 0" c:- ,,0. "E C"'0 OR I!!Ü § LL c::¡:;¡ . 0)0!!i! C) c: ~ C.S ._ 0» 0 t:=gc:~ &.000 CI.I' , , C:::co.ao ¿ o .. . ~ t5 ;>'C2 (J.Q_ cü t,/) ~2§ë D"1i)Ü.Q . f§'S~.~§ LLü 0 o.g:,¡:; en ..c E.- (U .g~~8ë:g ooE' <1» _l::.s=. c o..c ï:o.....OOO o I I , , , ::Ö<C"'üOW '" '" >- « >- ~ g II: I- «II) D. ..J o :$ ä: !:: :; z ~ - o c 0 -.- 0- .,¡~ -c;:: "'.1: 0" > c _.0 0- " .æã.. "'E 00 u 1:: 0 ~ 0 0. °c_ " -0>- ~ ~:¡:: g ~J'j g¡ ~ -'C cr """ c ,E>ù: 0 I- :; ~ t: >- 00" ~ a.æ 0"0> :;~« :;; c -'" "'c ::; 0 00 ~ 1;; ll.u 0 0> W .. J: ::;; 0>- 0 Õ c'" ·c c ~ ~ ,,0 " Ou E !!2C) ~ ,,1;; > ¡¡¡ ",oc ~ E ~c .r::. c: '- -g 12 D. i- 1l.0 ~"C ~ U :> C) or"C o>(tIQ)3£icuroc g¡.~ " J: c..c: O>Q)~$;. 0)0 ro 0 Z -.ro;ë§~~~~5.E!~Õ~~ø '" " it: "'c " 1l.8."".c", co;. " > u. .- ro c: ro «I-c_ c..Q) c ro'- U (1)._ 0 0 t: ,0.-0 8.. Cf "C e e c'iü o.c "C º _ Õ 0> ê'-~ I- aCe "CWe.. ro~-(I)C~CCc ·!!'Effi ~ Z '= "'EcUc. ·"~""'go.211; 0 Q)~~o~2o(l)(I)cQ)~ ;......_ c"", 0 °2u"'C_:¡::¡eroc-Cëij .2roQ)x oE :; c= OCf (t ~eroO>Q) ,g-a> :;:¡C"C Z ~i~~.~§BU"'fi; gil~! '" o>c 0>= co 0 '- ro ~ 'Ë2œQ)Q)'Croø en_. :¡::¡(t ¡:: ~ ~-g:J§~ ~ ~ ,,1;; g;;~ æ ¡¡¡ 15! "õ~ .- '" E"",, « ~ "~.91.c;;:!.c '" 0>0.",<= +::!2-U "".cc C) :; Ii;~".c ;'-I-"E ¡j.5 >( c.¡;j!= > ~" c_ '" ¡:: ~~E~.cÕ~"'E~"ºE_~eE_ '" ., 0.- Q) ¡ c , - ".c.-e~" ,,0. e ,,0;' .º !""""~·~~c_~",,,g £>oco. - ~ c 8 c_ _ 0- (t ~c ro ~::E", "" "'''' ·J!!~.20.æ ""s! .- 0 '- Q)-.c. en C Q) :J' Q) _ ""0 C '" ""'~""'o>"~",, DEU"'c æt: 0 :; ro "'2!.!¡¡E c-8.5 E '" æ-g:s.æ" g¡:;,: " -8. 'ü.. o ro~a.Q)~~(I)C~_'CC(l)a._~ '" ã> .- '" '" "C;t: O>~~.r::.~ocOëO>Q)øQ)o~~~~ 11; ;.'" .~ .g Q)CUO(l)Q)Q)cux ~.r:~a.o '" 0·- .2,.c ..c:eoe"EJ::()a>(J _ z;; I- (,) ~_.__ W '" -u c" 13,= o:W ï::- 0>j1¡ û5~ roE :¡::¡c ce ".- -> °c ll.w (1) ro 1f.IS' :JQ) _ Q) Q) (f '- ~ O:J ..!!« 'õ>:;~ OOc o~o "'~S _._- n .n un .. ¿ o >q::: "" C"ã. "E ::::I 0 . ~ D"ü § ~ c__ . LLO!2 ~ g' ~'º'õ .- ~> 0> t::ccc 0000 g- I , , a:: (\J.c 0 ¿ .º . ~ tJ ~§2 CJ'-1i) C(3 c.- §¡.E 0 § . D" cnÜ:o::;; c: fc::;w.~o u. Uo 0 c..E g~ .c. .__ ~.9g>01§5 ·¡:~nt)w OOC:ca.c --c..c.OOO "Ea. - I I o ' , , :;«tDUOW ¡:¡ ... '" ::; ~ u W :I: U c( :::;; >- ... i:! ~ >- '" CJ C :;: 0 ::> :) GO: GO: ... e.. c( '" ::> CJ e.. .J :I: Z U c( u it: ¡;: ¡:: LL 0 :::;; ¡¡¡; 0 ~ >- ~ Z .J 0 0 Õ :::;; z 0 ¡:: c( CJ ¡:: :¡ c _.Q 0- "r¡ -"" (1 .c: 0" > c -.Q 0- ,,~ _ 0. coE 00 Ü to ~ 0 0 ..E!c- 0. " " " Q).Q ij' " E1'j c cr ~t¡:: ~ ~ 'ã.q¡~ c:r ~ ~>~ .¡: II} II} II} 0 :::;; CO CO J9 1ñ 1ñ '" :> :> :> 6t:: ~ '" '" CO '" 8. c :; :; :; .I:;; .I:;; .I:;; 5C1)a.> 0 0 0 ~a:::~ Õ Õ Õ Þ Þ Þ Ü Ü Ü c - -'" 0 "'c 16 00 & 0..0 :¡ ~1ií Õ ·cC X X X " ,,0 E 00 & " !~ E ¡:: 0..0 Ü ~t¡:: ~ .c£ JJ ¡;-e §-g Q)~'cu~ 2 0 ~~ CU'õ .a -.¡O _"Eci -- ro!j;:-.c c- Q) t; U)~:J -,,'" t5 :Jõfl)œ§U ="x 0)"0 ..êro"'O :::1-0 E- en EUß " - c" ]g" ~.'" ~ ~ ~E c: _ " "C :e;~ C/)CJ) æ c: Q..Q) e.!'e Q)O cne-= ~ ~.- f!!E c.I:;; . O'S > o.l/J.-.~v Ee~ """ 0)0 g g>~ u 0"t5 a.iñ'~ o~ '" E"'"O " -- "e'" Q)Q)co,-wz:<=: " " e c" "0" :t::: Q) Q) 1-. E >-f!! Q).- 2.c!;:: " c:"'C~ c.c 'tJ Q) Q)51E .CI')Õíñ 0."'0. '" 0'-- co= 1;)-0 cD o:J Q) ()' c: .- ~ '" ~;::-~ '" c >- '" (\J -::¡:.c Vo 5-(lJ~ " .I:;; 8"'~ =J::õ _ CQ._ ::E ~~~" C'" "0" ,,~'" .Q t/' cO ~~ (1). 8,N]! .E" c 'E~ ~ ts! "OO.I:;; g>VJ :cêDg<æ~ c '" 0 æ::¡:.ê 0"''' :æ -"0) 2" .- "C:J Q) a.. Q) Q)W"Cro -'" 0- "O'E Q) VJ.ç; c-o:: :.¡:::ro(ü g' .~:c 1ií "'''' ~ Q) c: u)'g'E.Q E- " .- c" 0)_ c 2-c"E :¡ 0.B 0 c: 8E .5-0 m C)EëijEwoõ~~ -"" c c:- 0 "O"~ '~:Š~~'E.!' cn~ "'-"0 0:J :.¡::: 0) f!!'" § ~ëi5 .I:;; 0).5 = O"Ë >,-- 0 e e Q) !E'!'. (f ~ " ,,ªJJ «CD C/)()oa..a..u. O.Qe c c~ ~ :6~~Q) '" ·c 0 ,,= O-t¡:::J E cr O.e - N M .c U);:;U)ø ~ C cco- >- " 04.)(1)0. J9 '" z:o E.E 0 ~ :~(t -'P"C~._--'~"'O.c~ Q)~ '" ":cU)G)C) C:>~~U)~U)J:lcU)~U)G)U»S "S'- C:cu~Q)G)Q)Q)~_roQ):C'-'-'50 -13 _crocco >"'CNO>O= - o:Jc:D't) C" ~ _-- cnccoo~ro:J:CQ)ro~cU) cu- r¡", _"'C~"C £-'-"Cuo.~Q)~o> ro~ ~~ <;:w e m'ero c"'O= 01= ro r.ñ .~-ro-~ c Q) Q) g>rn:c ï::- 0)J9 ~ro ~oœ'~ ~~~ oc"'O_oE~'æ~ro øæ "'0 Q) ~OI'-G -~ ~ >.c Q) c:.;:: ~'c:.r:.- Q)GQ) - 0 ~ro>c.£u~ro ~-g. roE mc.r:. 0 c moroo ~--coE u ..c 0·-_ ~ ..QQ)u)...._Q):,¡:¡~"'C!Eco-em() Co ~ cOl....C~m....O",o~u ~cQ)._",o ~ro .Æ '5 e·£·-c-~2~Q)~c 2~ .~E~Q)--m ~_ m'- m-ro_ ~> Q) - 0 Q) m Q) 01"'0 mU'- °c s-....c....m roro~",oma~c-·_c- - o..w Æm~~0~cQ)~~Cc§E~ro~~2~Q)~ ~~Q)"'Cu08£mQ)£roU2~£.EE.cQ)S~ "'" "" "'~ .!!!c( " '" ·6 z ë >og "" c- .,0. "E C"o .- I!! 0 § LLOC~ è:I '" -c .5 Q)·Q·õ ~O>OI occc 0.000 CD I I I a::ro~u '" '" ë .º .-~ >.c2 CJ.9_ Cõ m ~2§ë tT(¡)U.Q . !§'5~.~5 LL U 0 a. c):,¡:¡ CÐ .c E·5.!2 c.s ~oë.Q "Ci5eüø> ,g·c.cca.c ;:0.....000 o I :::;;c(II}OOW ~ 0 0,,_ ';.2 ~ E- " ~.g ~ -'C 0- Q)Q)Q) E> ~ f- u. ... U " ::; 0 ~ ~ 0 0> W ., :I: ::E 0 'õ ;!: ~ Q) E ~ >- !!1 C) i > 0 ~ g ~ g: 0: ... f- « U ::> C) "- .... :I: Z o ~ 0_ u. 0: - ... o ~ "- - == z ~ Z ~ - - 0 0 o == z 0 ~ C) ¡:: s¡ " o õ15 .", -<;: ro·c Do> > t: -.2 0- Q) .æ"ã.. "'E 00 Ü * :> 01:: Èj' .!!;! '" 8." È §Q)~U :;Eet::« 'õ l;- U t 8.", Q) 0:: £ ·c 0 o ::; - -'" ~ 6 X "-u 0>- "", .t:" ,,0 00 ",ÎiÍ ã:6 o cu.C, ~ Q)Q)~=:oo..ocu+-,U') ~.~ 'E-E~ g:s ~ "> .c CtI (U:> ""-:::1 (t (t >- ~v ..c..o~cu~cJ::~.cQ) ã) "C E Q) <I) N u>rn'-ê '-:t:: CDQ)'E Q) Q>:2Õ·_ëo Q) co 0:IJ:ê6._ "C-~ (/)- .c C-'C c ">4) J::.:.,(.:õQ)'ã.o~'Ë II) 2.~ ¿.Q>g.o '-.~ B- e ~ o..g"'C=.ecog~ë§:.E "Q) ,,¿ 0 Q) r¡" "1! "'_ ~.c"C...I.eU)'--t:Q)ro i. CD -S~<DEQ)Q):2...J,~Q)E= ~ ro ~ü E ::I"E..c >e ~.ct: ~ c.c:¡:¡ :J E (tI C . ro o CI)'Ë< E'-,c ( ) O-Cñ5.s Q.Q) :¡:¡ rn (D·-.S Q).c en Q)£ "'0> ~ §u.5 EJ::t: 0 co c-cCl_ ._0) E I--ctl-õ Q) 0 :t::: "E_U') - Q) '-0C:O:I(I) ~ ro.~co cu ro cD. ro ~"C'E.5õ Dë-c CD "C:ã<D'E:: 'ã..CD t: c ro Q)Q).DQ)'ëf.i .Q) RNWCa. ~UQ)=()U)=16a)=ã).!!:!E '-"0 o~.!!! 0 ~ E....::;-oa..._ ~~~U)a.o.. _ . '" -13 "Q) r¡o: <¡;W ,,- O>~ .- C (I)", ëiiE +=c "e Q). -> °c a.w Q)", ,,~ ::1< 'ê Q) " " Q)'" ",,, '08 z - - '" '" 0 0 '" * <;; :> :> '" '" " :; .c .c U 0 'õ 'õ l;- l;- (j (j x x ~,'" -§ 01: . ~ ·cQ)(/ Q) a.Õ~ £; ;>'O-:J .S -gwë ën£ ~ ~ Q).~ ·Õ.s:-g "E>- ~s~ .g~~ c. 0 "'o~ Q)-Q) ;!;;:c£ "'0_ ro~ 0 Q)U", .... 2ü ro û5 ro c.cc. ~OE a.. 0._ . Q) " '" "ã. Q) "" ~ =cD ~'" ,,'" 0" .- 0 ~t!? :¡:¡Q) ·-·E E", E.c Q)Q) -'" 0)0 "" .3õ ¿ o >.:¡::¡ "Q) ¡a. E 6-8 g e c:¡::¡ . U.O..!!:! g> ~ ..9"0 .- ~> OJ t:::ccc &.000 Q), I , D:::ro.DU '" (OJ Q) "" .J!J ÎiÍ '" W o66,¡¡¡.g +"':'¡:¡enoQ) roro....cë OJOJQ).c._ .......1::- 'E"E ro"3: æ ".c '" Q) t: Q) a>E Q) enQ)en > 'õ ~'õ ,g"~ cC::_-5 cOooro 0"" " ., ." 0 0 u'Oc:.¡:¡_ 2~.E g en 1i):'¡:¡Q)J::;ëij c C.c en.c o Q)- c Q) U :Q.~ 8 ro "~Q)"'E ca>U(t Q) 3:~= C) ~ en Q.Q.J c , tQ)Q)3:~~ O......::.::en _ -£5~roroÈCD ro= a.i Q.JJS ~~~~~'¢ " .2 '~õ >,c2 uQ_ c ts (/) Q)2Së 5-1i)U:8 ¿ fC-:JQ)·_o u.8~~.~~ ~O C)O~.º ·C:: :JeO Q» 00 C c..c ~·c.cOOO ca.!- " o , , , ==<ID(.)OW ... t/) :J ~ (,) IIJ :J: (,) ¡!: ::E ~ i2 >- t/) C) ~ c :;; 0 :;) :5 II<: II<: ... a.. « t/) :;) C) a.. ..J :J: Z (,) « (,) æ ¡;: ;:: LL 0 ::E ~ 0 t: ~ ~ Z 0 0 (,) ::E z 0 ~ C) ;:: i c: _.2 o~ 1V¡j ~¡¡:: o¡.¡: DO) > c: õ~ 0)2 _e. "'E 00 (,) 1:: ~ 0 0 0 0 .ac- e. m 0 0 Q).Q ~ " E 1§ c: a: ~¡¡:: Q:I ~ U U U _.¡::::J £ ",,0- 0 ai ai ai ~>~ .1: .( 0 <i <i <i ::> ro J!! ro ro 1ii '" 1ii 1ii :> :> :> :> ot ~ '" '" '" '" ~&i "S "S "S "S .c .c .c .c 0"0> U U U U ::>a:« 'õ 'õ - - 0 0 z. z. z. Z. 6 6 6 6 c: - ~'" .2 "'c: X X X X 00 ro a.U 0> ., ::¡ g>1i) 'õ .C:C: X X X X <1> ,,0 E oU .ê " ~~ E X X X ¡:: 0..0 U l!~g¡ E .c .. -áeo ~ .~ r.J 0<1> ~.o.S .- "C ,,-- -(; .s .c" eC: ~" '" ._ cã) "'<3 0·- E "c""c "C .c: ,s80> -e Q)C/)':J 0) 0>.- c: g¡e. .8 "" c:~ ~Q)(!) .- 0 "'c:"c c:<1> "C "'ê "CO) :.=..c c: C:.c c: E·- Q).Q CD ,,- J!I ~- ,21 " o>e e."," "C.c '" ~ e. 00'" 's g ë ~ .- ~Cf c: "'"c ëñæe " c:,,<1> ~e 13 ~~O 0) "'<1> "C '" " ~'" "" '" ~êD~;; .9'= " .0 ?: c: . .0 :g8. .1: ::> en o.!!! cn '" "C e. <1> "'''' 0> m.l:o.."E '" "'e E e . g. ""c ëñ OR c: .c ~ro .c £0. "C'" _<1> .Q c.:-::.c-c c:~ 010-(1)_ "CO ",,, .", c:~ o:ë ro cT"" Q) C ~9 - ==-õ .- I E co ".c "'- c'üS o'õ 0 g rog$ o.û5 "'''' c:- g>c: 0'" g~ =:0 ",g> ::¡ .QJ-o 0) ,,- .- 0 ~8. EO::~'S "C<1> § C ~'ã. 0..- ·E Çf '5 :c 13(; "'" u ¡¡¡ \D-g .c 01lJ 0>13 ß,g"l3 ",2 1iíro 0 Q)cuf/J{/ ~.c t;:: 0.... c: ~Q) "C1ii .- 0> ".- õ~¡g-o ,,0 '" g 3:"f! c '" Oc: c:- c:c: a: ~o 02: ....._ c "'0 .c" .8 0..8 O)"iij a.."5EJ!:! ..JO ...E :>, "'<{ <{ro c: Cl)C:;c"" '" " o:;:JQ)c 00.. a.~ (f) Z(f)C)8 Õ Z(f) (f)", . . . '" I.e·", g E . ë~ ...... «)O(l) >:>:s § 13-= - '" E c:._ ""IIJ 03: J!!"§ "ë- -oQ)oQ) 0>J!! c co+¡'_ 0. U5æ o0t: 0 .-.... 0 Q) 01 roE - .c::Jr::: ~c: 0"'0 U'J"C._ C:o 2Q cC/)"O ~·S ...... (1)'-_ e! VI 0:::: 0 0> 0c: c a.:J ~:'C a.lIJ 8e~Ec c....... ro "'" "" 0 "'~ 2!<{ :; .c 1ii " <{ ë >0.2 Ua; ,,- ..e. "E C"'0 . ~ eU § LLOc::æc:» 0> - c: c: R,Q._ ;I ~> 8> ....c:c:c: 8.000 (1) I D::ro..co o '" ë 'R~ .. c: 0 ~.QÈ t:üCl) !2§ë c-t;ü.Q . f§:;~'R5 u..ü 0 a.0)+:: en ..c E·5.!2 c.8 gO"§.Q ~oeUC1» _ï:::.c. c o.c: ·,,0.....000 01 , I I ::E<{!DUOIIJ ~ III ::; :.:: u w :J: U ::;; ~ ï:! ~~~8 ~¡:!:5g: «III::It:) a. ~ :¡: z U«U- 0..- ~ I.L 0::: -00 ~:!!: ~ ~ o ¡:¡ ~ Z o ¡:: « t:) E ::;; C ......9 o- m '''' ~~ QQ) > C -.Q c- ,,2 _ a. "'E 00 U t:: ~ 0 0 0 0 0 0 0 0 0 Se- a. .; .; .; .; .; .; .; Q).Q l;' " E 1§ C n: œe+:: ~ B 'êi>'i c- O 0 0 0 0 0 0 ~>~ " .{ .{ .{ .{ .{ .{ .{ 0 ::: '" ~ '" '" '" '" '" 1ií '" 1ií 1ií 1ií 1ií 1ií '> '> '> '> '> '> '> at: ~ l!1 '" '" '" '" '" '" ~&~ È "5 "5 "5 "5 "5 "5 .c .c .c .c .c .c QCDClO U U U U U u ~a::« _ Õ Õ Õ Õ Õ Õ 0 Z> Z> Z> Z> Z> Z> Z> 6 6 6 6 6 6 6 C -on 0 "'C X X X X X X X ~ 00 01 o..u ., :Ë 01- Õ c'" ·C C X X X X X X X " ,,0 E ou .ê " !~ E x x x x x x x ¡:: 0..0 U .šU. 01 01"0 :Eo ::Jo C c" iñ :0 . ~ "Ñ "0 C ( ') 0.- a.c .c- " I!!:ß =~u; "'0 0", a. Q) Q)ü) C/) I!! 01 '" 0:; _ 0"0 ro 0:2 "" 0 J:!P= ~ ~ -'" " " o!s "'" u; ,,0 '" 00:; êU~ ro 0.= "'~ Õ E "- ~.c o~ ,,- --rot5 ~ .E!c c"" -" iñ 3"0 '" "0-0 'E.. '" (I') .cJ!! :J 010 c.o '" 0> -c " " 16-êro '" a. "" a. ¡S'" B 3 c"o ,,0'" CD 0 -", .coroe: .- c ·Ë·u; "ü; "0 '" "0", .~- c: ""§ g-.;..:. c '" -"'EE I!!", -",,, 0'" 01 '" " g' v)E OIC "'"a. 0.8.2 c "~,, ::: C"o .Q _oc '" '-~Q)- ~o ê"'50 a. ",., ~O" _~.c c '"0 a.~ CD °c ~:Eœ 0" 01 Õ _ 0« B .2 ~e.a::c '§r¡ g ~'(i) ro C) ro'- e.c " c 0","- " OIEc a.~ro :pc.c .2 corn £ 01 - 8. ã> °c ",,,,, geE ., o 01 0 -.- __c è:.c a. ro õ 0", o .c :Ë cg·5.~ c~ cQ);t::: Q)~.Q "5 0- " 01 o a."O 0" o a. 3: ",,,,'" "0 O>c_ ë~.c c .,-r¡- ._ 0 +::r3rn ~Q)C> 0 '6 -0 E a..: .i:! ~ef/)g .~;: ~UJ( ') a.:S .S; c ._ :Ju ="0 a. ,,-~ " cu ca. " :=-cQ) ~~ ''¡::; c 0 .c"'", .c ..c..Q' a. 0 :5 ~~ ro =>- :J.!!:!ïñ t-~> ~ f-"'''' n: . . . . . . . '" -tj c" r¡o: "'w 'c- "'~ .- c rn" roE +==c ce ~'> °c "-w "'" Û "" 0" "'~ 21« ;::;:J "c .c+:: _c "'0 ~u ë >0.9 oãí c- "a. ::IE erO .. "u c ¡:; c·2 U.Orocñ 01 - C c -.2·- ._:'¡> 0 t::cc~ &.000 CD I I D::ro.cu ë .2 .. . - t5 ,.,c 2 u.Q_ c t5 In ~2§ë tTt) () .2 . e§S]!..5 LLU 0 a..CI:¡::¡ C) .c E·5.!'2 cB g>oë.2 'C 0 eO 0» ,g,!::.!: C a.r::: ï:"-~OOO o , I I I :Ect:I:DOOW - '" ... m ::; ~ u W :I: U ~ :; ~ ~ m >- ;;: C) c 0 ::> :5 n: n: ... D. 0( m ::> C) D. .J :I: Z U 0( U ¡¡: ã: ¡:: LL 0 0 :; ~ ... >- ~ Z .J 0 C3 0 :; z 0 ~ C) ¡:: ¡ c .........Q o~ '" "0 tú~ 0., > c õ~ .,J!! _a. "'E 00 U t ~ 0 0 0 0 0 0 0 .ge- a. .. .. .. .. .. Q).Q ~ ., E 1§ c a: ~¡¡::: ~ ~ Q)'~ 0" .s 0 0 0 0 0 ~>~ ï= <i: <i: <i: <i: <i: 0 ::;; g '" g g '" '" 1ñ '" '" 1ñ :> :> :> :> :> ð't:: ~~ '" '" '" '" :!;;: 0 c: ::) "5 "5 "5 "5 c c..Q) ,¡;; .c .c .c .c oQ)CJ)ü U U U U ~a::« _ Õ - - õ 0 0 0 ~ z. z. z. z. u Ü Ü Ü Ü c ~ -'" .2 "'c X X X X X 00 ro a.U 0> "" ::¡ 0>- Õ C'" ·c c X X X X X ., ::>0 E oU l'! õ; .,1ñ E ~c X X X X X ¡:: 0.0 U -glij -g~B ~~ c'" ~.£~~ ~-g ¡;:::OQ) =ê iS1S ocn--oaJ ".c :a""""::ë :e;<_c:e.... c'" ~~ ""'" ::>., ~~ëi) 'E .c .0'- CD e- ",'" "'<¡>- 0> æ--g_~8.~ '" Q)- &. toêO ïii -g --:'NcG>xo .;; ~¡= ~= Q) ~~"C .,J!! roQ)cn .s'" ._:;Ecucc '" ",,0; "'''' "., "C œ- :J If) .c' ~ "5 l'!J¡a;a¡8e ~ .s ê¿o" Èi.~ ::> 0::>" ",'" .~;:; 0:1_ ....-.92 C) '" õ" .E;:;E~ ±::C'C ê= 0 l'!:¡:.c '" c., ¡¡iß "'- ?: "Cui:: 3: ±:: g 0> C., ., C en'· '0 c: (1)- J2~ .,0> ~~EBIO-~ ::;; is::>iß C:Q)(U~ "'!J! c .,0 .!!:!E'tJ:J .,., C:5--C:~:¡:: 0 ""c -0)11)- a." "., .!!!ë: ~8 CHa . 7ò ",=l'! ~ã:g ê 0._ ""> ë.cE ê.ElQ -0 .,"'''' E::>" "'> ~~ Q) 0 Q) e.- c ro g a..c " ~:.:e£ ~'" e-S en co e~'~ ::¡ o"'a. .cc -ca. .a 0 . ~ ",., ~5e8.~.eêO "'0'" CJ)oQ)O :¡:¡.... '¡¡) .~.c 'E 0- '" 0>'" 0.._ is''CE ci':!.s! 0-0-- '" ., c.... . ~ E-:J > to c:....-'O '5~~ .- 0 (I) o!9-U)~_.... .,,,::> (1) o.:J c: ,,-'" Q)CU 0.0 .c 0> 0> .c....0Q) c,t:'t: l'!" " OO)C"CCQ)C ~" C s:o.c:- "'",::> (!) c ~ ~~(t -ª8ro'Ë >'" -","" ::;; > '" "'''' . . . . . '" 1:13 iS~ ""W ï::- o>g cnæ roE ;:;c: ce g,:;: °c a.w "'" 'Õ ::>" 0" "'~ ~<C .- ::> ;;c .c;¡:¡ _C "'0 "u <C_ ¿ >0..9 0;; C- "a. ::IE 0"0 .. "U C ~ c,Q u..oroÒ) ~ .g.!:: .. ~> 8> ....c:c:c: &.000 41' , , O:::ro.ao '" '" ¿ o ..:¡:::: "Co ~.Q.È c: t5 en ~2gë C"1i)ü.Q . E§'S~.-§ LLü 0 c..C):¡:¡ C) .c E·5.!!:! c.9 g>0'ë.Q ·~oe()Q» _'t:;..r:. c: Q.c: ,,0....000 o I I I , , :;<C<DUOW >- ~g 0<: I- « V> II. ..J o « ä: ¡:: :E ~ >- ..J o l- V> :; ~ o W :J: o :E ¡: ~ !!! C) > 0 :3 g: ::> C) :J: z 0_ LL 0<: o g ~ Z - 0 o :E z o ~ C) ¡:: :¡¡ ~ 0 °c_ -0» Q);; 0 E",c ~~ ~ -'cO" "''''''' .E>u: f-- c o õ:- .,~ -¡¡:: "'·c 0", > c õS '" .s"õ.. "'E 00 Ü ~ '" » 00" ~ a.¡fi 0"'0> ::;:0<:« c .Q ro 0> - ::¡ 'õ '" E I" '$ E f- - 1iS'" OC 11.8 0>- co'" ·cC 88 .,1iS ~c 11.0 Ü '" -õ co'" fJ-= "'w ï;:- 0>J!! .- c (/)'" roE ;;c: Co QJ.!::: -> °c II.w "'", :0", "'~ 21« '" 8. '" 0: - " '" '" .8 c: o ::;: o <1: <I: '" 1;; '> '" ;¡ .c o 'õ Z. Ü '" 1;; > '" ;¡ .c o 'õ Z. Ü ë o >0; "'" cëi "'E :::::I 0 OR D"u § ! C+:: . 1.L012 g> g» -.Q·õ .- ~> en ~c:cc: 8.000 Q) I I , ~ro.c(J x - x - '" '" x x ë .º ..!) ~§2 (,)'-ø Cü C.. g:.5 0 § . D"(/)U:¡:¡ C ! §:.í~ ö:8 LLü.,g~.E.!3! ~o C)o~.º 'C:= ~ÜQ» OCCco.c -·c..c.OOO '2 a.. t- , , , 0' I w :E<I:"'üO '" I" :0 '" '" ., ::;: c o ro 0> ::¡ :;;- - C C..c:: a! ª cric ..c.c(.)Q)~_c> c c -g:gg¡ 11'i·gõ fJ£ãj 0 ~."",'õ'o 8 £ § '" '" '" "'.'" ~ .g- ~~ 'õ ~ .ê .E i§ .§,~ ~ I" !: 0>11._ ¿o.> -J!!.§ 0>1J fJ-ro "'.", c '" '" E!<l:1"00>" "c .u;c" '.__ "'>_ ~a..g,,ª~.~gã5 ~ ~ ~ O"OroCD~~ ~.êõ-g~ '" ~-","O> ,,~_ .X_<.._o. " ""O>"J!!:o "'''' "'-"",·õc",8." .c"", á5-ê£:E f: (1)....= g O-E-Èjõ ;;.2'ICI) > E ~= "0 "·<3"O"Oc "'''' "'.-"On",,,,. .- c£ ~ c;¡ '" !!J.- 0.",,, »£ "JO "-J: ~ C.!!!.;; '" ci.!!! o.g "Æ '" E »a¡ "'" I" '" "'N '" "'II. > O>c"O ;:.- "'-.c._ '" ~;:_ c 1".12'.... '" ", "c._ c 0."'--3:_"0"'''0 "'.,,,, .c"'".-"c"'º'E:O 0-" O>.c"""E '''' ",0: co"" ¡j '" ".", ._ EJ!! c "'.9!.ë;e- "'£ ~" .ê21J!1!;- g>g.c .ê '" ¡g,0.!a E! E.!ag'1iSB..!. ¡g ït;Q.C -:c.-ro_Q)·-:¡:¡cnO-a>o --E:::I -0Q) c C E·- g>I"É£ '" 5'" ¡g,,,.c£ -J: '" 1"(/).0 .Qt:ogJ"" "'" ""'E._¡,>0> I"N .co ~êü§~~J!!gJ~~BEge.8~~g~~B~ ;e æ,","~=,.~ O;«i I" E,o>" gJ£_ ~~ B.ê '" E E....v·-cc..c::o o-c..c::....Q)cE' (/)-I--m ,,<.90:00>,,__ -c.__ "" -õ.u; Uc '" ":'<.9.-.co", ~fJ"O:>;~~E"O",o ."'0> g~~§,~ ~g>'g ~~ ~'æª ~ª,:g~'ë g-U·~ o..!3!~._ E°a.0C) Q):::IQ)~'5_ro~ (/)û) U)Q) EE C. O"'Cu.... crowO>.-oro (1')_ ZWcnDf/J(.) . ., "'" '" 1iS '" w .9;: ~I 0> >N .C >-,"0,.... "'Ocuroco œ?:üM O)~ 0)..... "Oro-=¡S ~a.."OC/) o "'0 o..uc_ 0__.__ ~ 0. " a.E~ ctI Q) >-~ a. ..c:-øE 1-0,-. - 'Ô u'" .- :0 -c ".- .c- _c "'0 ;'to '" '" -¡,> 1":0 :00 -'" -OJ 00: ~ 0 ..Ec- 4>,2 ~ E 1§ c: I"",ig 'Q) 1::: CT E"" '->li: f- f- <II ::; c: :.: .Q U ¡¡; W g :I: ~ U « :¡¡ Õ " i f-;:! E >- !!2 CI I" c> 0 ø ;;;;) ~ a: E a: f- ... ¡:: « <II ;;;;) CI ... ...:I: Z U « U - -1La: ¡¡: !:: 0 0 :¡¡ ~ ~ ~ >- ... - 0 0 U:¡¡ Z 0 ¡: « CI ¡: s¡ c: o ~~ -¡¡:: CO·" C" > c õS " ,,- _0- roE 00 U 61:: ~ " 8. c: C:"OJ o~ 0> ::;:~« " o 0- " 0:: ~ .s .¡: o ::;: -<II <IIc: 00 "-u ¿ >-g "" c:- ,,0- "E 0"0 . ~ fÜ .§ I.L c: ro en mO. (5.5 .: ~> & t::ccc: &.000 C1)' , , D:: roD 0 g>1i) .C:C: ,,0 OU ,,1ií ~c: ,,-0 U ... '" . c: ro ~ O':::;O-o"'C::!:!'roo-c°o..cå, £; ~ ã) L.·C£~·:>:-l:.é.c..ë:·C ...... Q) 怣 IJ):J U)..................C_ ~ ~ Q) Q) ~- ~ rn---;::.9 -g 11)13 ·13 rn c: 0 § roõ œ-o 0 '~~~~mB~~8~~o~~-o,,~~~~§:§~~§=B2~ ~OU~IJ)-o.-_:JCmlJ) 0 - ro-o.-ro-"O«roC: ~1J)Q)-Q)Q)IJ)_-o~CCQ)·-Q)bC~c~-o·S ~ _Q)IJ) -oQ)~:J~=Q)roQ)IJ)Q)O~~C O~0:JC:>~_ U)g co 10.. ro 0" '--0 IJ) 10..:::::1 C"æ- ()~ U CIJ 0_:::1 C-O Q) . .41 n~~~ClJE~cSCIJQ)IJ)EO~Q) Uo~..E.~Io..O~t:~~Q)~ C~-O -..cUe ~G:::::I -o~ ~__ IJ) -00 ~:> <II" ~2ro~~~æ~~~ ~g-~-~B-o,,'~~~êB~~Æ~~ -- ...........- Q) '''-0 '--.....-0 rn .....ï::::..... ..... ~ ~ Ö.et-...... -g VJ ¡; Q) >.$"'0 g Cã)S :.ëë ~.æ£:§~ ~Q):=z...c I/) 0 ...... CctlQ)UQ).D.ïñlDrottlu::roO....Q)U)c....rn=Q)'+=;:u._"C" ro-oc.O) .....xc: "'0-0 -a-DE :::::IroQ)~> Q)ro-Q)~E-OU)Q)t:IJ)Q):::::I Õ - =OQ):::::I~OQ)~ Õ ~ >~ENQ)~EQ)Oõ£~~~IJ).....U)~Æ·~UmCTClJU~e~c c: e~ ~r;;êU ~I-.£:m ro_.S >ë (1) (1) ~::J Em 5i...£ Q) ~- m- ~ g &O:5M1;)~ ·....cE~=8§~>8~.~.-Q)Ø~«¡::Q)EØ.9ro ro (t E g..... o..,!!!.e ~.- (t ~ ~ C'" ro.c Q) 'C (t t- Q):=.£ ð !!! t:: c æ_-...~(t C1)~Q)ro ~c (1)!!!cuD.9.c .ø~ ~ 8.g E o'õ ro 0 Q) D >:Q ~ 'õ 5i .g¡.9 Q).£ ro $'.9 -0 g :ß ~ ro ~ -g Q) :ß ::E CcQ)(J)'C::Qro::JQ) -o<ll"c,CuJ>' c....cø...u.c cro"''C 00-0 ::J='-C)I...Q) ro-c= o"'ro .::J¡;::--oo E~.2roo 0.,2 ro Q) u o..-oõ.. 0.2~".;:;~.'!L 9l(ô'Õ'c Q)~ uJm-f; -Orou c.c .cC.c.c .~øoro='-c....Q)Q)u-ro._u:::: c:O>c:E-ØoØ-rouu-~roø-~-coc_O"...~ÇØ·Ero o~·- _rol...u......~ø>Q)~C1)Q)~ro...øroQ)~~ Q) u~::Q~::Q~oQ).e~mmQ)o~uoøu-c~~Q)~coro£ø ro g g'g'¡¡)þ~-c ~ø ø 5i g-x g~ ~ eä; Eõ.£ ~~:ë æ$' e ø (1).c....c Q)·u Q) c. Q) (1) æ-o Q) ø a.o..¡;:: ~-6øo..ø-c øroø...... ¿ . ~:§ "cu "'02 U.__ C:-<II Q) U c.- ::J20c o-(;)o:§ ¿ f§"S~.-o u.o 0 o..~~ C)o.g,E~õ c_='o~._ 01:... 00 Q» o.§.c: c o..c ~a..t-OOO o I I I I I ::E«CDUOW ë{J 5,J!? ",w 'E- 0>J!i ti55i roE ;c: c:o 's'š 0c: "-w Q) ro øS" ::JQ) (1)Q) ø... _ u =' ~~ ~:;:É "Oc: ~Øo 8~£ ... (/ ::; " 0 W :¡: 0 ¡5 ::E i ~ >- (/ CI C :;: 0 ::> :5 a: a: ... "- 0( (/ ::> CI "- .... :¡: Z 0 0( 0 ¡¡: ¡;: ¡:: IL ::E ~ 0 0 ... ~ ~ Z 0 Õ 0 ::E z 0 ~ CI E ::E ~ .Ec.B (J,).Q i:)' E~ " ~t.:= ~ å3"ä3 c- E " t=>Ù: _.ª' 0- ,,1j -'" ro·¡: 0" > co _0 o~ ,,2 _ c. "'E °0 U 01::: l;' ~ 8." ða;¡Q> :2a:~ " o ~ E ~ õ " E I!! Q; E ¡= - -'" "'" 00 o..u "'- "", ·co" :00 OU t o a. " a: B ·c o :2 ,,;; ~" 0..0 U co ro~.g-g .c:..c. 000 -; (¡j có c 0-- "o-.c: ·ro CU._ C't) a.1n"'O'-0"C Q) Q) o:¡:::; Q) ..c:Jõ CU_ VJ (.) O"Q) .C: (.) Q) (ij.c a.§ (I):fg :; Qd:~~:¡:::;E8 ~ K! ro ~:::I_ Q) .... m Q) ~ g ~ :E eD x'tJ·~ c: ccCl) Q) ~ .g _~:5'>-"Cro ro 0._ roD c: c: .Q) ¡; c: (IJ ro ~ 50.£"0 ë ...:;;:;::: ro Q).c CD œ~~~~5- ~g e ~ ~ Q)Q.C"'Ocn.D à::~rrg~~ . '" ëõ 1j,jg o=W "ë- ",j<¡ .- " CfJ" roE :o:::c: "0 2·~ 0" o..w "'" :0" "'~ .!!!< ",'Õ "" _0:0 œ::¡.s .3£ë "5(1)0 üa:S æ~o~ (.).... -en _~.c ::J "'8~" £; m.c¿ ro ~ CI):=.Q ro(1)e~ro "O.ooc'E - o'¡:::ll Q) 0_ 0 to·t: 1I)"Cû)~o Q) 0)'- t:..c a."!)"" 0 ~ ~Q)Eëro .ê e-.g:¡ ~ - CD......c e 'õ CD o~ CD _.0$0= æ~ë;5.c:f/) E.o CD "C f/) Q) êJ:: c:","Ce - 0- ~~E£-g <e,g.8.s . ¿ >..2 0;; c:- .,a. "E c-0 .~ eO § U. c:¡::; . œ°.!:5!C> c -.Q.!: - B> 0 t::c:cg> 8.000 Q) 1 I I D:::roDO U') '" :2t~ 0 0 ¿-é--n Q).....::J 0(1)_.... q:: (Q_ >.Q):¡::; ».... CD ~ g C)~ Ç2.9.E > _Q):=$<.) co c"flJ8 oL...={!:!a>°E-ce 3:_.c~(1),g _f/)cn_ _- C~EQ)c:_Q)Q)O .2._ - c-- 0.0 E C ~£ =C -0-2 ::J .... -c ~.Q CI) 0 c: m ~ ro Q) (tIm-g- (t .1n .- "'ocn-.c Cl)C "C...._ c_VJøe- .Q 0.- Q) Q) Æ :J Q) c."C E 1j E E"C .g1:: Q)cQ)"Õð 2c.- _roQ)oc -II)J::'O ~ .0-'0:3 :6c ~~og_±:'O.....(t .1 ~-(t oøQ)~ø a..9~t5'O ~.9ïi5 '* e,g æ,g,g,!'2 e~ ' ~õ)Q)õ)~g~ëS «~ E£ EE g.i2 ~~ ¿ o "ëß ~,Q.È c: 13 (f ~2§ë C"û) () ,9 ' e§'S~,~§ &Lu°a.¡?:¡::: C»o'§,E:¡:::15! ·E:: "e8 I!! 5 00 " _'CJ:: C o.c i: 0.....0 00 o t I , I , ::Eo(ccuow . -"""~-"--.._.'-'-"-------~.~-- ... '" ::; I<: <.> w :J: <.> ;!: :!! >- ~ ~ >- '" C) C :;: 0 ::> :s It: It: ... I>. « '" ::> C) I>. ... :J: Z <.> « <.> it: ii: E u. 0 0 :!! ;¡; ... ~ ~ z 0 õ 0 :!! z 0 ~ C) ¡:: :¡¡ ~ 0 ..Ec:- Q).Q (;' E1§c: ~~ ~ 'Q,,,C:c;r E " ¡=>ù: c: _.Q 0- "r¡ -<;: t\ ." C" > c: õB ".!!! _ a. roE Co <.> .EP:::(;' ï:: 8.ffi 0"0> ::;:It:« c: .º 1ij ~ ::¡ - o " E ~ E ¡:: t o a. " a: ~ 9 c: o ::;: 1ñ'" oC: a.0 <.> 0>- C:'" .c:C: ,,0 cU e~ a.o U o rñ!!1 0 § ¡S-ro /1) (IJ ._._ U §õ"55 E:2ë-º :pcêij:::l:;:::::J"C ~ -E-g¡guc :::I fI) m"- CD ro u-3..ut=Q)f;( ) _m( )o-Q)_ rI) c: c..... E.m N ro e Q) C)ctI Q) c'-in :::I æ~~ E ª"~..c '" E.c~«a.t:'" m <D a.~ g.s:t ::E 0. ~_ 0 Q) c Q)~°-ciæ-u o..c 0-0 <11 ~c ; -ªc!+=£¡&~ ro '-t:: ro C:._ (I) c: g> .E ro _J!! ~ 1J 8 ~ cn"O~uëQ)ou) C4)CQ)Q)croQ) O....Q)~EQ) - :~ ~ E_ a>.t:).5{g >08afl)~>-cc :J meum a: e.g E ~Ea.E . '" 'Eõ r¡~ <;:w ï::- 0>)11 ü5§5 ïiiE :pc :¡¡e õ":; a.C: w "ro "" "'~ .'!!« ",'ê "" _u" e ~.5 2~ë "Sa>0 ua:S i:: ~.º u;¡ c- "a. "E tT° . ~ uC: f! c.2 u..o ro ~ g' ~:Q.5 .. ~> 8> "'cc:c [000 Q)' I , D::: ro £I (,) CD '" c: c ~~-~B~..c g>c ~ 00)--- x:J ......_ro ;E'C >,(1)0,2 (¡j~ ro Q) e..c ro roæ"3 C)Q)~'C "C.=C)~:CE oC-O)CD æ 5-~ ==-g >-. "§ ~·v;·3 ê eõ-o e æ ui-c"O æ 0 g oroC)2 ~~2!"C~-"'" o..c.§ctI:C:.¡::¡C:ce!EU) Q);t:oë3Q)æ6(1)w§¡õw .... 3::t: g C:"O rn Eëëñ CO.c C't) c: fI) .- ( ) :J:J a. 00)0roo>o.....08 _E ~ï= E :5:::- 0 c E'-~ C)ClJroU) Q)e"Cc:,,~-o=> +::Q.QC_"CI:J 0 --E'-ooc-:J C) > E o~:p 0:; 4J e § :> (.Jo-roc:co .00.._ . ~oo>o·- >- 10(1)0) ë3 ro ~ ~.- ~"CÜ; en ~.QJQ)ro Q) Q)~ xÕ ro.Q):J Q)'c;t: O'C c...ceQ)2~§oeoE:;c.. cr-ro 1i)Q).c':;::J:t:: 012 $~ro"Cco Q)g§"Cena. û5E£æ8ê6~~Eæ~g. i:: ..g "Co ~.QÈ ct) (/) ~2§ë a1i)U.Q . f!§"SÆ.~§ u..u 0 Q.C)~ tÐo'É>EÆš.!9 ,,- =>8 ~.º "C: ~ e > .2.g~c8.c ï:a....OOO o I I , I I :!!«mucw . >- ~ ~ « 0.. o ¡;: :!i >- ..J o ... en :J ~ o W :J: o ~ ~ ~ :> g ~:3g: cn~o ;;J, 0 ~ ELLa:: 00 ~ ~ ~ - 0 o :!i z o ¡:: « C! ¡:: :IE ~ $leE Q).Q ~ E"ijc œc¡:: (1) -'C :::I ",,"" .ê> ~ ... LL c õ~ "r¡ 1û!ê 0" > c: _0 o:¡:; "J!! _0. "'E °0 u '" 1;) ... :> 01::: >. ctJ - 0"- ._ Q.c :::I § Q) CD .t::. ~a::cÏ~ o i':' (3 c - -II> .Q II>c êií 00 0> o..u E :!i 0>- Õ cll> ·cc " 88 E .ê " e~ E X ¡:: 0..0 U ] t 8.", æ ~ .9 ï:: <t: o ::;: C >..Q g!! ..0. :IE C"o .. Eü § u.. c:¡::; . C)0 ~ C) c: .C.£: :e ~5 & oCcc 0..000 CD' I I ~ro.cu I'- '" £~-~T~ ~ 0 5~e-g -u C:~:5! >"51- rJ)cu (I) ....0.->0)0 r :t:::_.~ e (0.- 0- Q) 0) EoO)Q.::J-g:g.9.-:..a..5 Q)~.Q 0.0'.- c c: tI) '0 0.(3.9'" cog" II! u 0) §c<:cu.!!!rog.--gcn e c:Æ d> co_( ') ro 0:- Q) :::I S-ro"5 (t Q..c:.§t::£ (I) e0a.o ."Cc:t:::oro.~ m C)~'O ~E ~.-: ~~- . ~ _ t: Q) '- cuc¡::C ro eõ::: ~ ot¡::c¡::~""Q)'¿:= .s=.::Jo § ro am g-cQ. e-g fI êõ 16 >('):::IBo.:!a'-~ro o~ O1e=O"-o _oU) 1i)u'E :¡::; c...ê co CD ·!!2uj'õ (1)'50 8 ~ Q.U)_.5CO) .J:: (I) 0- ro_roC'Co.2:=:c....õ c .9 æ:5 ~ ~ ~ c >..g 'E a~ '-~ co c 00 (t g/l) g:§ ~ .g 0."0 Q):E~:5õ () i!:! Q) ~ a. g-5~ E ~.~ ~~~~ ~ C .Q ..··13 >-C2 u.Q_ Ct) VJ ~2§ë g¡¡;ü.Q . ...§'5i--§ LLü 0 o.C»:¡::¡ ~o-&E:§~ 1: -::::18 œ·Q 00 e 0» _'t::.t::. c: O-c c:a....ooo 0' , , , , :!i«muow ..; II> ët5 r¡~ ",w 'ë- o>.!!! i:ñ iš ñiE :¡:;c æ¡e õ'> a.c w g!< ¡¡¡ '" ",<;1 <Ii enõ""'''''' o C)o.~ .J:J Q) '0 c:.~ :::I .J:. c'- 0 -g-roeo:ß cuQ)cO)-,= >.1!!2"O- r¡ (t Q) (IJ c:Æ·- ~>c:"'-cO> 'C œ t: - 0 ro_o§~õ o -.- 0- .... en 0 ro 0...6 CD ('\' æ¡:: CD ~e·~t:CDëõ I-cuc$!:5o... "'" "" II>~ !!!« ~ .0, oil> -" .9" c~ 0" ,,0 -II> "''' a.oc I- '" ::i I<: U W ::t: U 0:( :;; ~ I- ~ >- '" C) c :> 0 :;) :5 0:: 0:: I- a.. 0:( '" :;) C) a.. ..J ::t: Z U 0:( u ii1 ii: ¡:: IL 0 :;; æ 0 I- ~ ~ Z 0 0 13 :;; z 0 ¡:: 0:( C) ¡:: :¡¡ C õE .,¡j -'" "'·C 0., > co -.Q 0- .,Æ _0- "'E 00 u to .Ec:.9 8. C Q).Q i)' ., E 1§ c: 0:: .ê~~ B .,~C" E"" ï: '" .->ù: 0 ... ::; 1'J '" :> 01:: (;' ~ ~ &.æ .ê oQ)oü ::;a::o:( _ 0 þ Ü C -'" 0 "'c: ~ 00 0> ...U '" ~ 0>- Õ C'" ·cC X ., ,,0 E aU ~ eê E ¡:: ...0 U co o-=æ.e ~ ro 0 ¡j co 0 ~~ cu'~~~crig Q) ~øa·-~Q)·-~Q)~o~ro~~~~ i~~ -go~J~~~c:~~~~-ê ¡.- .u_~> ~>OOOQ» ._ §~õ¿~~~ro~ro~ë~~E~~~B Q)u2 ~oro~o~wo~o~ Eo- D_C:~~Q)~~Q)u~~'-E~_ ~2 -roQ)c:o-"CC:-'-c(t "O roO CU'- (f ro cEo - ~:> (IJ ~~ (tI 0.(1) ..ê..c:: C) Õ E ~ 2:! .J::.·õ:e¡:,¡:;¡-¡;;- uc: CC £t- c: ....a. :J (f -¡::Q)coc:ct:c:o --0 ro._ OWcñ (f .... 0 (I) E o-'-:'¡:;¡ CD c:'¡:;¡ Q) Q) -_:::..f1-u= caB :,¡:;¡ c:u..c::cou..c::"Oø(f :Jc: Q)(I) Q)~Q)¡Sro .ro~t-(f ~t-c:~rooQ)uo~ ::2 ê£.c E~ ~ 8 ro 0 :J o~ro E'õrg- c: :;.~ 0 (/) --=--0 u-:-~o_ c:u 0 "C o ~ 0- C'J_ ~-g Q)..!!æ Q) Q)Ja oë CQ'ÕJQ)õ2 Q) ~ .-.§i5.Q ~- 5£.ro¡§£.~ ~ 0 c·t: rn Q) èB'~ C'JC):Jcg-"C~BæQ)£Q)=~oo 0»_ :E .QU:J O)o~"O Q>(¡j'O w(6Jg ('IJ Q) Q) ¡ 'C c: ::E,g ~ "C'- tJ U E'~ U E UJ a.~..c -e Q) "0 8 c(l)(f Q)cg-c C ...."Cq¡- >Q).... o~:J2roc:o.~ o~ o!~C'J2EES Æ.-~~o8~Q)=~Q)=~=oC:~(f ro ro->êt» ca.(f ca.(f §ro ~"Oc:c2 a. Q) m~o øoxø ~m~cmc~ <C~ 5.~i:5..E E~..E E m..E E cr.o-o ~ en ~ u N ., -1:5 c:" ¡j-= "'w t:- 0>1'J wæ roE :':;:;c Co $.~ 0c: "'w B .,,,, .Õ'¡ - 0","0 "., - .,., "'~ .su~ !!?< c:~C o ~.- mOc: - '" 0 ",.,u ...a::_ c: >o.Q Co; c- .,0- "E C-O . ~ ~oª u.. c_ . cnOi2 ~ C RO._ ;:; ~5 8> ~ccc &.000 G.I' I I e::: ro.c u '" '" ¿ .Q .. ët3 ~.Q.È C t5 en ~25¿ C-1i)U.Q . m c_-., C "'o~_·~o u.. ° Q.C):,:;:; cnU..c.E.£i2 c.s g>0'ë.Q ·C~eU"> ,S.g..c.cc..c ·"......000 01 , , I , :;;o:(<Duaw ... VI ::¡ ~ 0 W :J: 0 <C ::¡¡ i ... ~ >- VI l'> C :; 0 ::> :5 a: a: ... ... <C VI ::> l'> ... ..J :J: Z 0 <C 0 æ ¡¡: E II. 0 0 ::¡¡ æ ... ~ ~ z 0 õ 0 ::¡¡ z 0 ¡:: <C l'> ¡:: :E c õ& ,,13 m!o§ 0" > c -.º 0- ".92 _ 0. "'E 00 ü t:: .9c.8 &. 0 0 Q.J.Q ~ " E1§c C<: lI:!~Q) ~ _.¡::::J .s ",,"" ~>at ·2 OJ OJ 0 ::E '" '" ;; ;; 5 5 .e'e ~ '" '" .- 0 c :; :; co." <3 .c 0"0) ü ::EC<:« Õ Õ Þ Þ Ü Ü c -" .º "c 00 ro "'0 g :¡¡ 0)_ Õ c" ·c c X X " ,,0 E 00 ~ ,,;; E ~c i= ...0 ü 1~ê5 co ëU5~ ro£ §~,j-g -- (0'-- c'-'-::J Q) ctI ·2 -e'5(1)-':J::êQ-cn 0 o ::::ro«3:Q)0::J,j "ÖE (/)-o1ií.c .-cE·£: 2 ~- .92c.SOEQ.JE 00 "", Q.(U ::J::Jâ) ='00> . >.2 8 2(1)Q)_ ClJo=.!!2 ui!Ë (I) U) Q.<D,C,C 8ri) " 00) ..... C::J E..c: 0..... (I) ~ 00 £.8 æ.Q::E 8- (1).!!! 0 ,,- .- 0 .- 0·-..... t Eëi.i...... " "0- 3:"á.g~~CDÕO (1)"0 " c '" 0 en «)=.8.0 a. .E ~ " ".92 c ~ 8 U)_ (I) Q) Q) -0) ::E ~'" of/)c .--..........1::"0> "'0.. _Q)'__ICO_ -eve c ~E roõ-cB--æª(I) (1)0 .Q 0" cncQ)·-œ Q)'-_OQ) ro ,,-.c - :t::O>:Jt:.....coa..... 0) =(¡j- '~:!2 R.21O &. I- ~õ "" cn._ 4i 0(1) .9ze~ (/)>.~ :¡¡ ~ 0» -~Q)Co ..... C..r:: --§8 "'C_'QgO)~ ".Qo.c Q)CQ)_Q) (l)ECI)œ~ -" .... Q)..c (U-- ro CD ~ (I) cc~ (t c_ o.Q E c :::I.~!E ,,0_ c.:e-.c. c: E= Q)U"'" C .c~ro Q. ro.....cti -eud~O) ;::",.c .... Q)J::'¡ :J::J ._......_ 0." a..o.cn CIJ(I)OO-"C(I)(/) .; '" " 1::13 13:ê -=w "E- O)JB U)æ roE +:õc ijje õ'S: ...c w ~ "'" "õrn=õ' ~~ .QQ)Q) 21« .9f:?ê g"- oE -"0 "'''ü ...c<:_ c >,.Q 0;; c- ,,0. "E C-0 . ~ üc e c.2 LLOroo, gt ~O.S ~~>& ....c:c:c: 8.000 Q) " , D::('IJ..CIO ë o ._~ >.c2 0.9_ 1:13 CI) ~2§ë C"1i)U.Q ¿ ~co:;]!'_o LL 0 Q.O)+:; aU.c E·512 c.9§'oë·Q .g 0 eü ,,> -"c:.c c o.c ·"......000 0' 1 I I . ::¡¡«OJüOW 0> '" Mitigated Negative Declaratio ~~. !c¡~ PROJECT NAME: Olympic Parkway Extension PROJECT LOCATION: From the eastern boundary of Sunbow property to a point about one mile east of proposed SR-12S. ASSESSOR'S PARCEL NO.: Various PROJECT APPLICANT: City of Chula Vista - Engineering Division CASE NO: IS-99-20 DATE: February IS, 1999 A. Proiect Setting The proposed Olympic Parkway is located in an area of the City of Chula Vista known as the "Eastern Territories". The roadway will be an extension of East Orange Avenue, which currently extends from I-80S in an easterly direction and terminates at Brandywine A venue. This portion of the roadway presently operates as a four-lane major street with bike lanes on both sides from I-80S to Oleander A venue. East of Oleander A venue, it is a two-lane roadway with improvement along the avenue. The project area is partially developed area of the City. There are several large land holdings, all of which are proposed or approved for development. The preliminary design plans call for the roadway to basically follow the Poggi Canyon. The roadway will steadily climb from Sunbow approximately 20-30 feet above the existing elevation. Several biota studies have been prepared depicting the vegetation found within the roadway corridor. B. Proiect Description Roadway The proposed project consists of the extension of Olympic Parkway (Orange Avenue) from the eastern boundary of the Sunbow property to a point about one mile east of SR-12S. Olympic Parkway is a S-mile long roadway which will provide access to I-80S and State Route 12S (SR 12S) from the pròposed development areas of the Eastern Territories of Chula Vista. This portion of the Olympic Parkway extension traverses the planned communities of Sunbow, Otay Ranch, McMiIlan-Otay Ranch, New Millennium and Eastlake. Olympic Parkway is currently classified by the Chula Vista General Plan Circulation Element as a six-lane prime arterial east of I-80S to the proposed SR-12S. city of chula vista planning department environmental review section ~{~ -.- ...................~- .....- ~ (H:\home\planmnglenvlron\Js-Uly-pkwy.NU.doc) 01Y Of CHUlA VISTA Drainage Plan In order to accommodate the runoff that currently runs through Poggi Canyon, as well as additional runoff from future development, the road extension plan includes a drainage system consisting of an earthen channel with drop structures and a detention facility. The minimum depth of the channel is 12 feet, and the bottom width of the channel varies between 30 and 50 feet. Side slopes are proposed at 3:1 in accordance with the City's design criteria. A buffer and a 10- foot wide maintenance trail are also proposed. A smaller temporary channel is proposed for the northern side of the road. At the time the southern side of the road is graded for future development, the temporary channel will be removed and the finished grading will match the northern side of the road. The temporary channel will have drop structures and erosion control landscaping. No native revegetation is planned for the temporary channel. Drop Structures There are 25 drop structures and one culvert on the secondary channel. The main channel has fewer drop structures than the secondary channel since the main channel will have a detention basin in addition to a revegetation area that is currently under construction. Most of the drop structures are 9 feet tall with the same three to one side slopes. The entire drop structure is riprap lined to protect from erosion and to minimize velocities. Detention Basin A large detention basis is also proposed which will accommodate the increased flow rates associated with increased impermeability of the watershed when developed through build- out. The proposed channel design will ensure that the 100-year post -development flood flow exiting the project area is kept to a level that is at or below the 100-year pre- development flows. Because the berm height is less than 25 feet and the basin capacity is less than 50 acre-feet, the detention basin does not qualify as a dam according to State dam criteria. Utilities The proposed project includes the placement of utilities within the Olympic Parkway right- of-way. Wet utilities include the Poggi Canyon sewer and potable water and reclaimed water lines. The Poggi Canyon sewer will consist of an IS-inch sewer lined and associated manholes. Potable water facilities consist of an Otay Water District 16-inch potable water line as well as the relocation of a 54-inch City of San Diego potable water line from Paseo Ranchero to La Media. The reclaimed water lines consist of a 16-inch line from Brandywine to La Media, and an IS-inch line from La Media to Eastlake Parkway. (H:\I1omelpJannmg\enVlronlts-Oly.pkWy.NU,(\OC, l'age2 Borrow Area About 4.7 million cubic yards of cut and fill will be required for project implementation. Fill material required for the project will be derived from five borrow areas within the Otay Ranch property, as well as from Eastlake. The borrow areas will be excavated in accordance with the existing approved development plans for the Otay Ranch, McMillian and Eastlake developments; however, rather than exporting the excess material to an undisclosed location off-site, the fill material that is excavated from these properties will be utilized for the Olympic Parkway construction. With the exception of borrow area one, these areas are void of any sensitive wetland or upland habitat. Borrow area one contains 7. 14 acres of coastal sage scrub and 0.87 acres of maritime chaparral. Project Phasinl! Olympic Parkway will be constructed in the following four phases: Phase I (by the year 2000) includes grading the alignment from Brandywine to SR-125, constructing the Poggi Canyon Sewer from Brandywine to SR-125, constructing the water main from Eastlake Parkway to E. Palomar Street, and constructing roadway improvements from Brandywine to Paseo Ranchero. Phase II (by the year 2002) involves the construction of roadway improvements from Paseo Ranchero to E. Palomar Street. Phase III (by the year 2005) includes constructing roadway improvements from E. Palomar Street to Eastlake Parkway and grading thet alignment from SR-125 to Eastlake Parkway. Phase IV (by the 2005) comprises of grading from Eastlake Parkway to Hunte Parkway and constructing ultimate roadway improvements from Eastlake Parkway to Hunte Parkway. Project Permits Required 1. Section 404 permit. Under the Section 404 of the Clean Water Act, placement of dredged or fill material within waters of the U. S. requires a permit issued by the u. S. Army Corps of Engineers. 2. Section 401 Certification or Waiver. The Clean Water Act also requires the issuance of a state water quality certification or waiver under Section 401 to be issued by the Regional Water Quality Control Board for any action that may result in degradation of the waters of the State. (H:\homelplanmllg\enVlronlls-Uly pkwy,ND.doc page3 3. Section 1603 Agreement. In addition to the federal act requirements, the proposed project constitutes an alteration of a streambed and falls under the jurisdiction of the California Department of Fish and Game pursuant to Section 1600 et seq. of the California Fish and Game Code. Responsible Agencies U.S Fish and Wildlife Service U.S. Army Corps of Engineers Regional Water Quality Control Board (NPDES) Trustee Agencies California Department of Fish and Game C. Comoatibility with Zoninl! and Plans The Olympic Parkway extension project traverses and is consistent with the ciruculation plans of several Planned Communities for which environmental impact reports have also been prepared. The project is also consistent with the Circulation Element of the City of Chula Vista General Plan. D. Identification of Environmental Effects An Initial Study conducted by the City of Chula Vista (including an attached Environmental Checklist Form) determined that the proposed project will not have a significant environmental effect, and the preparation of an Environmental Impact Report will not be required. This Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. A discussion of these potentially significant impacts from the proposed project is found in Exhibit" A" as attached. E. Mitigation is found in Exhibit "A" as attached. (H:\llOme\plannmg\cnVLron\IS-OIy~pkwy,NU.o:Ioc) Page4 F. Consultation 1. Individuals and Orl!anizations City of Chula Vista: Benjamin Guerrero, Planning Doug Reid, Planning Marilyn Ponseggi, Environmental Consultant Alex AI-Agha, Engineering Cliff Swanson, Engineering Garry Williams, Planning Brad Kemp, Assist. Director of Building Robert Cunningham, Fire Marshal Stephen Preuss, Crime Prevention Joe Gamble, Planning/Landscape Planning Ann Moore, Assistant City Attorney Chula Vista City School District: Dr. Lowell Billings Sweetwater Union High School District: Katy Wright Applicant's Agent: Cliff Swanson, Engineering 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code Biota Survey, Merkel & Associates, Inc. (February, 1999) 3. Initial Studv This environmental determination is based on the attached Initial Study, any comments received on the Initial Study and any comments received during the public review period for this Mitigated Negative Declaration. The report reflects the independent judgement of the City of Chula Vista. Further information regarding the environmental review of this project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. EN 6 (Rev. 5/93) Page~ (H:\homelpJanmng\enVlron\Js-Uly-pkwy_NU.Cloc) EXHIBIT A OLYMPIC PARKWAY INITIAL STUDY FEBRUARY 1999 Prepared for: Marilyn Ponseggi City ofChula Vista 276 Fourth Avenue Chula Vista, California 91910 Prepared by: Cotton/Beland/ Associates, Inc. 6336 Greenwich Drive, Suite F San Diego, California 92122 TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PROJECT LOCATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 BACKGROUND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ENVIRONMENTAL SETTING.......................................··········· 1 PROJECT DESCRIPTION ...................................................... 2 PROJECT PHASING .......................................................... 4 PROJECT APPROVALS ....................................................... 4 LEAD, RESPONSIBLE AND TRUSTEE AGENCIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ENVIRONMENTAL CHECKLIST FORM RESPONSES. . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 I. II. III. IV. V. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII. XIX. XX. XXI. XXII. Land Use and Planning ............................................... 23 Population and Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Geophysical ................................................. . . . . . . . 27 Water ............................................................. 30 Air Quality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Transportation/Circulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Biological Resources. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Energy and Mineral Resources ......................................... 46 Hazards ........................................................... 47 Noise ............................................................. 48 Public Services. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Thresholds ......................................................... 51 Utilities and Service Systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Aesthetics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Cultural Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Paleontological Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 Recreation ......................................................... 59 Mandatory Findings of Significance ....."."..."..'..'.."......"'... 59 Project Revisions or Mitigation Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Agreement to Implement Mitigation Measures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Environmental Factors Potentially Affected ..",....,."....",.......".. 61 Determination ...................................................... 62 REFERENCES ATTACHMENT A: Mitigation Measures ATTACHMENT B: Biology Exhibits - Wetland Planting Section ATTACHMENT C: Wetland Delineation City ofChula Vista February 1999 Olympic Parkway Initial Study Table 1 Table 2 Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure 8 Figure 9 Figure 10 Figure 11 Figure 12 Figure 13 Figure 14 Figure 15 Figure 16 Figure 17 LIST OF TABLES Upland Habitat Impacts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 Wetland Impact Acreage and Proposed Mitigation. . . . . . . . . . . . . . . . . . . . . . .42 LIST OF FIGURES Project Location USGS ............................................. 6 Project Location. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Grading Plan Key Map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Olympic Parkway Typical Sections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Grading Plan: Olympic Parkway. .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . ..10 Grading Plan: Olympic Parkway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II Grading Plan: Olympic Parkway. . . . .. . . . . . . .. . .. . .. . . . . . . . . . . . . . . . . .12 Grading Plan: Olympic Parkway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Grading Plan: Olympic Parkway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Grading Plan: Olympic Parkway. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Grading Plan: Olympic Parkway. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Grading Plan: Olympic Parkway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Grading Plan: Olympic Parkway. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Grading Plan: Olympic Parkway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Grading Plan: Olympic Parkway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Proposed Borrow Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Borrow Area (1) Upland Habitat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Olympic Parkway Initial Study Ii City of Chula Vista February 1999 OLYMPIC PARKWAY INITIAL STUDY INTRODUCTION This initial study identifies the potential environmental impacts and mitigation measures associated with the construction and operation of the Olympic Parkway in the City ofChula Vista. This initial study also provides a summary of the conclusions and mitigation measures contained in previous Environmental Impact Reports (EIRs) for the Sunbow General Development Plan (EIR 88-01), Otay Ranch General Development Plan (EIR 90-01), Otay Ranch Sectional Planning Area (SPA) One Plan (EIR 9S-01), and the Eastlake Greens/Trails Replanning Program SEIR (EIR 97-04) as they relate to the construction of Olympic Parkway. The environmental impacts associated with the construction and operation of the proposed roadway have been addressed in these previous EIRs; however, the environmental impacts associated with the construction and operation of the entire roadway have not been addressed as a stand alone project. This initial study brings together the environmental analyses provided in the previous EIRs in order to provide a comprehensive analysis ofthe proposed roadway's environmental impacts. PROJECT LOCATION The project site is located in the City of Chula Vista, in southwestern San Diego County. The Olympic Parkway will ultimately extend from 1-805 to the Olympic Training Center. Olympic Parkway currently terminates at Brandywine A venue. The roadway project extends eastward through Otay Ranch and Eastlake and terminates at Hunte Parkway. The project site is located within Sections 17 and 18, Range I West, Township 18 South of the USGS 7.S' Imperial Beach Quadrangle. The project also extends into unsectioned lands, Range 1 West, Township 18 South of the Jamul Mountain Quadrangle; and unsectioned lands, Range 1 West, Township 18 South of the National City Quadrangle. Figure I depicts the project site location on these USGS Quadrangles. BACKGROUND Kimley-Horn and Associates (KHA) has completed an engineering feasibility study for the City of Chula Vista to construct Olympic Parkway. The feasibility study identified project constraints in terms of funding, traffic needs, timing, phasing and environmental requirements. Future detailed construction plans and specifications will be prepared based on the alignment identified in the feasibility study. ENVIRONMENTAL SETTING The proposed Olympic Parkway is located in an area of the City of Chula Vista known as the "Eastern Territories." Figure 2 depicts the location of the proposed project in relation to surrounding roadways. The roadway will be an extension of East Orange Avenue, which currently runs from 1- 80S eastward and terminates at Brandywine Avenue. This portion of the roadway presently operates as a four-lane major street with bike lanes on both sides from I-80S to Oleander Avenue. East of Oleander A venue, it is a two-lane roadway with improvement along the avenue. On-street parking Olympic Parkway Initial Study I City of Chula Vista February 1999 is prohibited. The posted speed limit is 35 mph east of Oleander Avenue. The project area is a partially developed area of the City, east of Interstate 805 (1-805), which is comprised of several large vacant land holdings, all of which are proposed or approved for development PROJECT DESCRIPTION Roadway The proposed project consists of the extension of Olympic Parkway (Orange Avenue) from the eastern boundary of the Sunbow property to a point approximately one mile east of SR-125. Olympic Parkway is a five-mile long roadway which will provide direct access to 1-805 and State Route 125 (SR -125) from the proposed development areas of the Eastern Territories of Chula Vista. This portion of the Olympic Parkway extension traverses Sunbow, Otay Ranch, McMillan-Otay Ranch, New Millennium and Eastlake. Olympic Parkway is currently classified by the Chula Vista General Plan Circulation Element as a six-lane prime arterial east of! -805 to the proposed SR -125. The preliminary design plans for Olympic Parkway call for the roadway to basically follow Poggi Canyon. The entire alignment will be constructed predominately on fill which ranges from 0 to as much as 50 feet in depth, and the roadway will be elevated above the existing ground, except at the Sunbow development. It will steadily climb from Sunbow and typically be approximately 20-30 feet above the existing elevation. The maximum elevation is at the Palomar crossing where the elevation will be approximately 60 feet above the current elevation of Poggi Canyon. While the source of fill material is not restricted by design, several upland borrow areas have been identified within the Otay Ranch and McMillan properties along the roadway alignment. Figure 3 depicts the Grading Plan Key Map for the project. Figure 4 depicts the typical sections of the proposed parkway. Figures 5 through 15 depict the proposed alignment and grading plan for the parkway on a 200 scale topographic base. These figures also depict the existing vegetation within the study corridor based on biological studies for related planned community projects within the corridor as well as an updated wetlands delineation. Drainage Plan In order to accommodate the runoff that currently runs through Poggi Canyon, as well as additional runoff from future development, the road extension plan includes a drainage system consisting of an earthen channel with drop structures and a detention facility. The drainage system will be similar to the existing detention facilities that were created for the Telegraph Canyon channel located to the north of the project site adjacent to Telegraph Canyon Road. Between the eastern end of the project and approximately half way between La Media and Paseo Ranchero the channel will be on the north side of the roadway. For this portion of the roadway, a smaller temporary channel is proposed for the southern side of the road. The temporary channel will be at the base of the slope that will be created by the roadway grading. At the time the southern side of the road is graded for future development, the temporary channel will be removed and the finished grading will match the northern side of the road. The temporary channel will have drop structures and erosion control landscaping. No native revegetation is planned for the temporary channel. Aprroximately half way between La Media and Paseo Ranchero the channel will cross under the road to the southern side of the road. The minimum depth of the main channel is 12 feet, and the bottom width of the channel varies between 25 feet at the east end and widening to 50 feet at the west end Olympic Parkway Initial Study 2 City ofChula Vista February 1999 where it enters the detention basin. Side slopes are proposed at 3:1 in accordance with the City's design criteria. A five foot buffer and a IO-foot wide maintenance trail are also proposed. Drop Structures There are up to 25 drop structures and one culvert on the secondary channel. The main channel has fewer drop structures, a detention basin in addition to a revegetation area that is currently under construction. The drop structures will vary in height up to are nine feet tall with the same three to one side slopes. The width of the top of the drop structures will be up to 54 feet wider than the bottom. The slope of the face of the drop structure is 2:1. The entire drop structure is riprap lined to protect ITom erosion and to minimize velocities. Detention Basin A large detention basis is also proposed which will accommodate the increased flow rates associated with increased impermeability of the watershed when developed through build-out The proposed channel design will ensure that the IOO-year post-development flood flow exiting the project area is kept to a level that is at or below the 1 OO-year pre-development flows. Because the berm height is less than 25 feet and the basin capacity is less than 50 acre-feet, the detention basin does not qualifY as a dam according to State dam criteria. Utilities The proposed project includes the placement of utilities within the Olympic Parkway right-of-way. Wet utilities include the Poggi Canyon sewer and potable water and reclaimed water lines. The Poggi Canyon sewer will consist of an 18-inch sewer line and associated manholes. Potable water facilities consist of an Otay Water District 16-inch potable water line as well as the relocation of a 54-inch City of San Diego potable water line from Paseo Ranchero to La Media. The reclaimed water lines consist of a 16-inch line from Brandywine to La Media, and an IS-inch line from La Media to Eastlake Parkway. As presently planned, the roadway would be constructed coincident with the development of the adjacent lands to the greatest extent possible. However, where adjacent developments are not proceeding along a coincident schedule, the roadway would be constructed as a fully stand alone action. Funding for this portion ofthe roadway is through Transportation Development Impact Fees, Sewer Development Impact Fees, Otay Water District and City of San Diego CIP funding (utilities), and developer financing. Borrow Areas Approximately 4.7 million cubic yards of cut and fill will be required for project implementation. Fill material required for the project will be derived ITom five borrow areas within the Otay Ranch property, as well as from Eastlake. The borrow areas will be excavated in accordance with the existing approved development plans for the Otay Ranch, McMilIan-Otay Ranch and Eastlake developments; however, rather than exporting the excess material to an undisclosed location off-site, the fill material that is excavated from these properties will be utilized for the Olympic Parkway construction. Figure 16 depicts the locations ofthe five borrow areas. The size of the borrow areas are as follows: Borrow Area (1) 76.32 acres; Borrow Area (2) 33.50 acres; Borrow Area (3) 32.50 acres; Borrow Olympic Parkway Initial Study 3 City ofChula Vista February 1999 Area (4) 56.82 acres; and Borrow Area (5) 7.40 acres. With the exception of Borrow Area (I), these areas are void of any sensitive wetland or upland habitat. Borrow Area (1) contains 7.14 acres of coastal sage scrub and 0.87 acres of maritime chaparral. Figure 17 depicts the habitat located within Borrow Area (I). PROJECT PHASING The roadway was originally anticipated to be constructed over a 10-15 year period. As planned development adjacent to the proposed roadway alignment ensued each developer would be responsible for their portion of the improvement. However, additional development approvals in the Eastern Territories have triggered the need for more immediate improvement of Olympic Parkway per development thresholds (i.e., number of dwelling units and/or commercial and industrial acreage to be developed) established by the City's Eastern Chula Vista Transportation Phasing Plan (ECVTPP) and the Growth Management Plan. Olympic Parkway will be constructed in the following four phases: Phase I (by the year 2000) includes grading the alignment from Brandywine to SR-125, constructing the Poggi Canyon Sewer from Brandywine to SR-125, constructing the water main from Eastlake Parkway to E. Palomar Street, and constructing roadway improvements from Brandywine to Paseo Ranchero. Phase II (by the year 2001) involves the construction of roadway improvements from Paseo Ranchero to E. Palomar Street Phase III (by theyear 2003) includes constructing roadway improvements from E. Palomar Street to Eastlake Parkway and grading the alignment ITOm SR-125 to Eastlake Parkway. Phase IV (by the year 2004) comprises of grading ITom Eastlake Parkway to Hunte Parkway and constructing ultimate roadway improvements from Eastlake Parkway to Hunte Parkway. PROJECT APPROVALS As indicated in Section IV Biological Resources of this initial study, the project will result in impacts to water and/or streambeds that fall under both state and federal regulatory programs. The following permits are required for project implementation: L Mitigated Negative Declaration. The City of Chula Vista will issue and provide public notice of a Mitigated Negative Declaration in accordance with Sections 15070 and 15072 of the California Environmental Quality Act (CEQA). 2. Section 404 Permit. Under Section 404 of the Clean Water Act, placement of dredged or fill material within Waters of the U.S. requires a permit issued by the U.S. Army Corps of Engineers. 3. Section 401 Certification or Waiver. The Clean Water Act also requires the issuance of a state water quality certification or waiver under Section 40 I to be issued by the Regional Olympic Parkway Initial Study 4 City ofChula Vista February 1999 Water Quality Control Board for any action that may result in degradation of the water of the State. 4. Section 1603 Agreement. In addition to the federal act requirements, the proposed project constitutes an alteration of a streambed and falls under the jurisdiction of the California Department of Fish and Game pursuant to Section 1600 et seq. of the California Fish and Game Code. LEAD, RESPONSIBLE AND TRUSTEE AGENCIES Lead Agency In conformance with Section 15050 and 15367 of the CEQA Guidelines, the City ofChula Vista will be the "lead agency" which is defined as the "public agency which has the principal responsibility for carrying out or approving a project." Possible Responsible/Trustee Agencies Responsible Agencies are those agencies which have a discretionary approval over one or more actions involved with development of the project site. Trustee Agencies are state agencies having discretionary approval or jurisdiction by law over natural resources affected by a project. These agencies may include, but are not limited to the following: Responsible Agencies u.s. Fish and Wildlife Service U.S. Army Corps of Engineers Regional Water Quality Control Board (NPDES) Trustee Agencies California Department ofFish and Game Olympic Parkway Initial Study 5 City ofChula Vista February 1999 -------..-.---..-..-----.-.------.---.-------.--...,.".- ;j*v~(( G/(\ \i/!¡I:/~.· .:"" ~\~ . J/ " , :?) . ',¡ '1\ ~~~1 ?l ~ . '-~-- / , 1 ''., 1, .....,..- .....L',~",-'~~ ;~) ',...,~ ¡ \\ ",-" .',\ : ~'...'.)~{¡ ,it/. , ',\ .£._.1\ 6 ..----.'"---..---.------"--'"'.- ..- a. eo 5~ .O>~ u.·ë '0 :> ~ ;; ,g 11 u .... o Þ Û ~ " ~ ¿j - <::s 8 .<: .- ~ ~ . 6"- 0 ~ .. u .¡: ~ l8 " .~ ~ .è- a Upper Otay Chula Vista ~ San Vsidro Olay Mesa Main Street Imperial Beach USA_ - - Mexico -- - -- -- -- -- - Olympic Parkway Initial Study 7 Figure 2 Location Map City ofChula Vista ~02ill) î I o Smiles MQ.. '" ~ ... '" ;> ....~ 6',,» '" ] .. ~ ¡..~ u 'ö þ .- U .... ~ 5 ~ .. - -( on » ~ = ~ ii: s = ~ ~ ... ø.. i u ~ .. c.. .. ~ 8 ¡:: 1\ 0 - on 0 l \ , L ! 1i ">:: ~ È' ~ ~ <> l - a ~ 8 ft(tl ft/W 13' 12~ U· . ... ,r ~' ". ..' ,r ,. - '" - . / /// OLYMPIC PARKWAY TYPICAL SECTION TðO+S7.JO TO 243.33.40 NO se<u: tS R/W ,¡w .... ,,.. , ..' ,,' ~. ,. ... 'r '" t.tAlNTEHANCE 'OAD ...:£- ~ "",," ,.., ,,,', " " OLYMPIC PARKWAY TVPICAL SECTION 42+ge.1I8 TO 180+87.30 '0 se<u: ,..'¡W ,¡w 2<)' ,,.. ... . ..' ". ... " ... ". ...:£- ~ " -,,,, ,', '- """"" " ," OLYMPIC PARKWAY TVPICAL SECTION 2~n40 TO J17+5O.oo '0 se<u: SOURCE: Kimley~Horn and Associates, July 1998 Figure 4 Typical Street Cross-Section rc..'5ëi'\ 00 scale Olympic Parkway Initial Study Olympic Parkway 9 City ofChula Vista , y;,,-, , . " "'- '" .................... ~~ .........-- --- ....... ---- ------- ..............,........-.---------- L-..J '-------- "~I· , ". 10 V)c:~.. Q)~~~ ~ a.. t: ] ':1 0> æ ~ .'2> c: <:> u.: =t5 "5. 8 ~ §. (!j ã ~ ~ t i ~ ì I ~~} I ~ r8 t Š i!:l é5 1.0 c:: :::... ¡! ( )..!!1 ~ ~ \:: " -.I ~ ~ .! .~ 0) æ ~oo u: ·s u "1:j .- Þ ~ ft u ~Ô' "v I: -,'>". ~ ~ I ~ ~ ! ~ ~ . î ]~ ] H : i (81 ~ i5 s o m z :::J (fJ 11 r-- c:: iù' ( ).!!! ~ "-!l.~ ::J (J) 0: ~.s .!¿ "ö ê- ~ S, (!) ã iJ ;> ~ ~ '" û ~ ~ I ~ i "I ] ~ ~ f:.~ ~ Ï I ~ ii . l/Ci !!. ~ \\,1 õ d :A(;:;:: 12 ¿:- ~ Ck '{" 00 c:: '" a ~ ]1 ~ :> a.. "'" " :a ~ ~ .Q> 0) u: .S .>! ." ~ Q. u ~ ~ (!J 0 - = " .,"<" "::/.,' ~ ~ I . i 1 ]~ ] !~! § i ~ . ~ ~ (Sit § ~ ! 13 14 0\ t:: ::... .f3 ( J .!!! Ig" ...." .;¡: > ::J " ¡",:; ~ .QJ 0) æ ö LJ..: ·s ~ 1:) .~ i:- ll:! Q. - I..;;. §. u Q} - o m t I . i ~ ~ ,¡; ! !< I j~ I ~ rs I . iQ õ 15 <::> ,.... ::... '" - ..... ro '" ( ).s¡~> :s Cl.. -è: .g O>O:Iæº it·Eo; '0 "is. û ~ E ~ ð' ~ ~ I . ~ ~ J~ ] I ~! J: i (8" \!;!! ~ 1 '" ,J:J 5 "0 Æ",,§~ t~~g HHi] ¡ 'uJ!~he "'H-eZõ.,;: h~~UJ !2 11 11 II II II II II ~ VI en ~ ~CI)~~6G56 ~ u~~:a:>Q< 16 - c: ;::.., .Ë -.!!1 ~ > (]) Q ~ j 5Q)æ~ ~ ~ ·fi ð e! E (!) is' ~ ~ t J . î ~ J~ ~ I ~~ J~ f ~ f8 t ~ \!;! õ ~-- 17 c: ,., . ~ ~ ~ ~ \l) tL " ~ ¡,,;:, t:1J æ õ ~ c:: Co) c "- ~ .~ ö LC ~ §, (!) Õ ~ t ~J. . ì J~ ] I ~~ § i ! 0 ~ ~ r8 t ð º õ ~ A/ / ~/' ,// / ~~ ~ -~- 18 ~ ~ ~ ~ fJ) 1t ~ ~ "" ~- ::J 0) ~ ::I .S2> c: a: 2 LC :e; .2 þ ~ ~ û C!Jc5' ~ ~ t j . j ~ J~ ~ ! ~€ . j ~ ~ - ~ ~ . ~ ~ ~ I --.-. I I I I I I I I I I I I I I I I /1/ I Ii' '. I I I I I '. '", . .". 19 """ c:: :>, · - .J!! ~ · > ~Q. ~ · ::J O¡ æ ~ .S1> .c:: .>1 LC"Ô '" Q. Û ~ ~ (!J Õ ~ ~ f ~ . ì ~ ~ ~ I ~~} i ~ r8.1 ~ I!;! 0 J¿ <e:( ¡:! C/J (5 '" c:: :>, - cu '" OJ - ;: '-- Q. ~ i5,OJ&: ;;- ·s " .... "ö .- "" ~ ~ ü Qj <5' ~ ;; . ~ ~. ./ ~ ~ f . ~ ~ J~ ~ I ~~ Jª ] ,of ~ ~ j " j'l ~" ) .,~ ..,- / ,/ .. 'I '~ . "/)N;>;~"~':~' ,/, " /' .'~ :-...' ,.' /.<',/' -:,' I" I ,.j~' , ;: ~~..:~--ç ¿" \ ~"t;:;Y"" ~ ;::;:::/'~~ -/' -; ~;; -c.:,-/~ ;/~ ~,' // ~,-" . ::;'¡'" .,~ "c / /}. /l//:. ' ." ..//;//" ,:t'··' ,.. ,:., , ". -- / -.......: 3_ .~-, 20 .-. ..... '-' .-. c, .-. ~ .-. ~ r, I@I L-.J D- o <t z ::!: ~ >- ~ ~ w ~ ~ ~ is . 21 ¡Vi .'11 .-. ..". '-' '" I.D~~ ~~~ .§> ~ ~ µ.. 0._ t: 0- o ~ ~- o '" - ~ ;; '" ] u 'õ þ Û >, -0 ::s - en õ .- - '2 ...... ~ ~ ~ f$( . å. ~~ ~õ // ./ ~ \ \, / " {j! t~ \ '. " \§; ~\ .. ~~ ~ ~ . ID N ':0 o . "\0 ~ ß\ ~ ~! crt N .... r"-fD ...: ... ... ...: d ..,.... - 0 t'lifD ON ~O ... . ... ~ ..,.., Zlia (.)2 22 r-;::-~~ ~~]~ ... V ro ~ .~ --< ::r: Po; u.. ~ -g .6- ° ro ~ t: õ.._ °::JO ¡:o '" ~ ;> '" :3 .c:: U .... o » - Û >. -0 '" - en 3 - ·8 ...... ~ ~ ¡:,., r$( .!:! ~! Case No. 18-97-04 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: City ofChula Vista 2. Lead Agency Name and Address: City ofChula Vista 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Number of Proponent: same as above 4. Name of Proposal: Olympic Parkway 5. Date of Checklist: February 1999 Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impad No Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? D D D 181 D 181 D D D D 181 D D D D 181 Comments: Response to Ia. The proposed project is a circulation element roadway as identified in the City's General Plan. The alignment of the project is consistent with the conceptual alignment depicted in each of the approved/proposed Sectional Planning Area plans transected by the roadway, as such, the project will not conflict with any general plan designations or zoning. Any grading associated with the borrow areas will be conducted in accordance with existing approved development plans. Page 23 Potentially Potentially Significant Lesstban Significant Unless Significant No lmpact Mitigated Impact lmpact Sun bow The general roadway alignment is depicted on Figure 4-4 Proposed Grading Plan of the Sunbow EIR (ErR 88-1) and subsequent figures within the document No specific land use impact as it relates to the construction and operation of Olympic Parkway was identified, and no mitigation measures were required. Otay Ranch SPA One and Otay Ranch GDP The general roadway alignment is depicted on Figures 2-5 and 2-9 Proposed Land Use Plans of the Otay Ranch SPA One ErR (95-01), and on Figure 2.3-1 ofthe Otay Ranch GDP ElR (90-01)(New Town Plan) and subsequent figures within these documents. No specific land use impact as it relates to the construction and operation of Olympic Parkway was identified, and no mitigation measures were required. Eastlake GreensITrails Re-Planning Program SEIR f~~.J The general ro~~~~~.;:va !,Iignment is depicted on Figu~e 3-3 ofthe Eastlake Gre<:ns/Trails Re~Planning. Program SEIR"J and subsequent figures wlthm the document. No specIfic land use Impact as It relates to the construction and operation of Olympic Parkway was identified, and no mitigation measures were required. Response to lb. The proposed project could conflict with environmental plans and policies adopted by agencies with jurisdiction over the project. With the exception of the Sunbow property, the property is subject to the City's Multiple Species Conservation Plan (MSCP). The MSCP is a regional habitat conservation plan and State-level Natural Communities Conservation Plan (NCCP) covering south San Diego County, including portions of the Otay Ranch, the Eastlake planning area, and the remaining jurisdictional area of Chula Vista. The City's MSCP is a plan and process for the local issuance of permits under the federal and state Endangered Species Acts for impacts to threatened and endangered species. The City ofChula Vista's MSCP has not been adopted at this time. The proposed project will also result in impacts to jurisdictional wetlands and sensitive upland habitats, and will require permits from appropriate state and federal agencies for impacts to these resources (refer to Section VII Biological Resources of this document). Page 24 Potentially Significant Impact Potentially Signifieønt Unless Mitigated Lessthøß Significant Impact N. Impact Sun bow The Sunbow ErR (88-1) does not address the relationship between the Sunbow project and the MSCP effort, as the Sunbow project was approved before MSCP planning efforts were initiated. A portion of the proposed roadway located within the Sunbow GDP area is; however, located within the boundaries of the Multiple Habitat Planning Area. The City's draft sub-area plan does address Olympic Parkway in this alignment and therefore, the project does conflict with the goals of the MSCP. Additionally, implementation of mitigation measures proposed within the Sunbow ErR (88-1) which address impacts to biological resources would also reduce the impact of any conflicts between the project and policies ofthe MSCP to a less than significant level. As discussed in Section VII of this document, all permits and mitigation plans for the Sunbow project, (including the portion of Olympic Parkway that traverses the Sunbow property) have been obtained. Otay Ranch Approximately 11,000 acres of the 23,000 acre Otay Ranch are located within the Otay Ranch Preserve and the Multiple Species Conservation Program (MSCP) Study Area. The majority of the proposed roadway is located within the planning areas for the Otay Ranch General Development Plan (GDP) and is covered by the Resource Management Plan. While the GDP, which applies to the Otay Ranch portion of the project, contains policy language to ensure consistency with the MSCP (i.e., that "preservation and restoration activities shall be consistent with guidelines of any applicable regional open space/resource protection program and shall result in equal or greater overall habitat values than occur under existing conditions"), the potential exists for the proposed project to impact areas designated as part of the regional preserve system established by the MSCP. For instance, grading associated with construction of the proposed roadway may potentially impact sensitive plant and animal species identified under the MSCP. A detailed discussion of biological impacts anticipated from the proposed project is provided in Section VII Biological Resources of this document. The majority of sensitive habit occurs within the Otay Ranch portion of the proposed alignment and borrow area (I). Implementation of the Otay Ranch Resource Management Plan and the mitigation measures proposed in the Otay Ranch GDP EIR (90- 01) SPA One ErR (95-01) and the modifications approved by the Chula Vista City Council on November 10, 1998 by Resolution #19254 will reduce the significance of impacts such that the project meets the conservation standards contained in the MSCP. Eastlake While a portion of the Eastlake planning area is located within the City's MSCP, no impact related to compliance w~th th.e MSCP ~r other ju~isdictional plans for the c~nstruction ~r operation of OI~.IT;!!¡J.~.. Parkway was Identified. As IlldICated III the Eastlake Greens/TraIls Re-Planmng Program EIR'~.mïll!!), the Eastlake Trails property and the "Land Swap" are located outside the MHP A boundaries. Additionally, no sensitive biological resources will be impacted in this portion ofthe alignment. Page 25 Potentially Signíiicant Impact Potentially Significant Unless Mitigated Leis than Significant Impact No Impact Response to Ie. The proposed project will traverse a corridor that is not utilized for intensive agriculture, or the production of agricultural crops. The area has been utilized for dry fanning and grazing in past; however, the area that will be impacted by the proposed project has not been under cultivation in the recent past. Sunbow The portion of the alignment that traverses the Sun bow property is currently under development, and is not utilized for agricultural operations. Agriculture was not addressed in the Sun bow EIR (88-1). Olay Ranch The loss offannland was addressed in the Otay Ranch GDP EIR (90-01) and SPA One EIR (95-01). According to the SPA One EIR (95-01), the Olympic Parkway project will result in the conversion of land classified by the California Department of Conservation as "Fannland of Local Importance" from agricultural to urban use. The site has been utilized for dry fanning and grazing in the past, but is not currently utilized for intensive fanning such as irrigated row crops. However, as identified in the SPA One EIR (95-01) the impact of SPA One (including the portion of Olympic Parkway that traverses SPA One) on agricultural resources/operations will be less than significant, as the construction of the proposed project will not impact any Prime Farmland, Fannland of Statewide Importance, or Unique Fannland. Additionally, the conversion of Fannland of Local Importance can be considered a less than significant impact to agriculture, as the eventual conversion of agricultural land to new land uses was addressed in the 1989 Chula Vista General Plan update. According to the General Plan, the City considers agricultural uses to be interim uses, the loss of which is not significant. The loss of fannland would contribute to the cumulative loss of agricultural land in the Eastern Territories of Chula Vista, although not to a significant extent due to the minimal loss of acreage (SPA One EIR 95- 01). Easllake Impacts related to the}oss offannland was not addressed in the Eastlake Greens/Trails Re-Planning Program SEIR._D. Response to Id. The proposed project traverses an area of vacant land and will not disrupt or divide the physical arrangement of an established community. The proposed project will accommodate new development proposed along the parkway, and has been incorporated into the plans for each of the new communities that are proposed, or under construction along the roadway. Page 26 _._._---,_.._..._.,.._~-._-_._-----~. ---"'.--""---'-"-'---"--.-.. ... Potentially Significant Impact Potentially Significant Un/es, Mitigated Lesstban Signj(jcllOt Impact N. Impact LAND USE MITIGATION Sunbow The portion of Olympic Parkway through the Sunbow site was anticipated in the General Plan and therefore no mitigation measures were identified in the Sunbow EIR (88-1) with regard to land use impacts and the City's General Plan. . Dtay Ranch No mitigation measures were identified in the Otay Ranch GDP EIR (90-01) and the SPA One EIR (95-01) with regard to land use impacts of the roadway because the road is anticiapted in the City's General Plan and therefore not in conflict with adopted land use policies. Eastlake ,t:!!?,mitigation measures were identified in the Eastlake Greens/Trails Re-Planning Program SEIR,~~~~ ~iI with regard to land use impacts of the roadway because the road is anticipated in the City's General Plan and therefore not in conflict with adopted land use policies. Impacts of the proposed project on sensitive biological resources are analyzed in Section VII (Biological Resources) of this document which also includes mitigation measures for the identified impact. Those measures will reduce the proposed project's impact on applicable environmental plans to a level less than significant. In fact, Olympic Parkway is part ofthe City's Circulation Element, and the construction of this roadway has been identified as a mitigation measure to alleviate impacts of traffic anticipated from the development of a variety of projects in the area. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? D D D 181 D D D 181 D D D 181 Page 27 Potentially Significant Impact Potentially Significant Un/en Mitigated Less tban Significant Impact No Impact Comments: Response lIa. The proposed project will not result in an increase in the population of the area, as no residential dwelling units are proposed. As such, the project will not exceed official regional population projections. The construction and operation of the Olympic Parkway as it relates to population and housing impacts is not addressed in Sunbow ErR (88-1), Otay Ranch GDP EIR (9Q: .~: Otay Ranch SPA One ErR (95-01), and Eastlake Greens/Trails Re-Planning Program SErRí{~" ..J Response lIb. The proposed project is an extension of infrastructure through an area that is currently developing. Planned communities have either been approved, and/or are under construction along the proposed parkway alignment, and include the Sunbow, McMillan, Otay Ranch, and Eastlake properties. Construction of the project will not induce growth in the area, as these areas have been approved for development. The project will provide access to these planned communities consistent with the City's adopted plans for development in the area and the circulation element The construction and operation ofthe Olympic Parkway as it relates to population and housing impacts is not addressed in Sunbow Er~ (88-1), Ota~ Ranch GDP EIRJ2~~RJ)' Otay Ranch SPA One EIR (95- 01), and Eastlake Greens/TraIls Re-Plannmg Program SErRiliiIIl). Response lIe. The proposed project will not displace existing housing as it will traverse vacant land. The construction and operation of the Olympic Parkway as it relates to population and housing impacts is not addressed in Sunbow ErR (88-1), Otay Ranch GDP ErR (90-01), Otay Ranch SPA One ErR (95-01), and Eastlake Greens/Trails Re-Planning Program SErR..~. III. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in 0 181 0 0 geologic substructures? b) Disruptions, displacements, compaction or 0 181 0 0 overcovering of the soil? c) Change in topography or ground surface relief 0 181 0 0 features? d) The destruction, covering or modification of 0 181 0 0 any unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 181 0 0 either on or off the site? f) Changes in deposition or erosion of beach 0 181 0 0 sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay inlet or lake? g) Exposure of people or property to geologic 0 181 0 0 hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Page 28 -----'-~---'.'-~~---_._--'-~-'-~---'----~-------'------- Potentially Potentially Significant Less than Significant Unl... Significant No Impact Mitigaled Impact Impact Comments: A preliminary geotechnical evaluation was perfonned for the proposed Olympic Parkway project titled, "Preliminary Geotechnical Evaluation Olympic Parkway Feasibility Study". According to this evaluation, the alignment corridor is underlain by the Sweetwater, Otay, and San Diego geologic fOO11ations and is underlain by surficial soils consisting of alluvium, landslide debris, residual/colluvium, and artificial filL The study indicates that overall the project is feasible given the geotechnical conditions ofthe site. Special measures will be required to address localized geotechnical conditions, as discussed under "Geophysical Mitigation". Response to IlIa and IIIb. The proposed project has the potential to result in significant impacts to unstable earth conditions. Additionally, the project will require extensive grading for implementation which will result in disruptions, displacement, and compaction of the soil within the alignment and borrow areas. As discussed in the Preliminary Geotechnical Evaluation, the granular facies ofthe Sweetwater FOO11ation have generally favorable engineering characteristics with high shear strength and low expansion potentiaL The claystones and bentonitic clay deposits identified within the alignment corridor will potentially require slope stabilization where cut slopes expose these materials, especially in southerly and westerly facing cuts. Although the majority of the Otay FOO11ation is composed generally of granular materials, the claystones and bentonite clays can be critical to the occurrence of serious geotechnical problems (landslides, expansive soils) which would require remediation. The depth of alluvium ranges from 35- 45 feet within portions of the alignment corridor. Alluvium is generally poorly consolidated and compressible. Saturated alluvium was encountered at depths ranging from 6 to 34 feet below existing grades, even in areas which have surface water flowing in Poggi Canyon. Landslide deposits are either not identified in the alignment corridor, or require further investigation prior to development. Residual and colluvial soils have similar engineering characteristics. Topsoil and colluvial materials have generally poor engineering characteristics. Artificial fill soils include old fill to create a small dam across Poggi Canyon in the eastern portion of the alignment, and recent grading for Orange A venue in the west portion. The proposed project will result in a change in topography and the covering of Poggi Canyon, which is a unique physical feature. According to the preliminary design plans for Olympic Parkway, the roadway will basically follow Poggi Canyon. In order to construct the roadway, Poggi Canyon will be graded, and fill material will be brought into the canyon from adjacent borrow areas. The roadway will be elevated by imported fill material above the existing ground level for the entire alignment (with the exception of where it passes through the Sunbow development), with typical elevations of20 to 30 feet above existing ground levels, and reaching a maximum of 60 feet above the current elevation of Poggi Canyon at the location of planned Palomar Road. Modifications to Poggi Canyon and the borrow areas adjacent to the project associated with construction of the proposed roadway is anticipated to result in a temporary increase in soil erosion. All applicable National Pollutant Discharge Elimination System (NPDES) pe011it requirements for urban runoff and sto011water discharge and any regulations adopted by the City of Chula Vista must be complied with prior to obtaining a pe011it for grading activities which will result in additional water erosion of soils. Construction of the proposed roadway will involve filling the existing drainage channel which runs through Poggi Canyon. A new drainage channel will be created on the north side ofthe roadway which will control runoff from the roadway, as well as from upstream developments. The drainage channel consists of a series of catch basins, drops structures, and a large detention basin which have been designed to convey flow in a east to west direction along the length of the parkway. Page 29 Potentially Potentially Significant Lellthan Significant Unl... Significant No Impllct Mitigated Impact Impact The functions of the channel from the standpoint offloodflow alteration and streambed stabilization are anticipated to be improved over the present condition. In its present form, the Poggi Canyon channel consists of an erosive bottom with varying slopes and limited vegetation development. As the watershed develops, increased runoff is expected to exacerbate erosion within those areas which are presently incised and increase head cutting through flatter portions of the channel as erosion gullies migrate upstream (similar to what had already occurred on the Sunbow site immediately downstream of the proposed channel improvements). The proposed channel would be stabilized at a width and slope that will allow for non-scouring flows (Jess than 6 feet per second) to be conveyed through the entire system. A large detention basin is proposed to further address the increased flow rates associated with increased impermeability of the watershed when developed thorough buildout. The net result of the channel design is to ensure that the 100-year post-development flood flow exiting the project area is kept to a level that is at or below the IOO-year pre-development flows. Proposed wetland vegetation and drop structures will further aid in stabilizing the channel areas against erosion. The project site is located in the general proximity of several active and potentially active faults. Earthquakes originating within approximately 60 miles of the project site are capable of generating ground shaking of engineering significance to the proposed parkway. The San Diego Trough, Coronado Bank, Rose Canyon, San Miguel, Elsinore, San Jacinto, and San Andreas Fault Zones are the most significant faults with regard to the seismic design of the project. Active faults are not known to transect the proposed roadway alignment. It is unlikely that surface rupture of the La Nadon fault would occur during the design life of the project. Groundwater was encountered in several ofthe test borings drilled in Poggi Canyon and several zones of primarily granular materials were identified in the alluvium. Therefore, under current conditions there appears to be a potential for liquefaction of the alluvial soils. The potential for liquefaction will depend on the final grading for Olympic Parkway and how the loose alluvium is treated during construction. GEOPHYSICAL MITIGATION 1. The recommendations contained in the "Preliminary Geotechnical Evaluation Olympic Parkway Feasibility Study" shall be implemented as part of project grading and construction. As identified in the Preliminary Geotechnical Evaluation a comprehensive subsurface evaluation, including development-specific subsurface exploration and laboratory testing is recommended to be performed to aid design and construction of future roadway improvements. The purpose of the subsurface evaluation is to assess subsurface geotechnical conditions and to provide specific data regarding potential geotechnical hazards and constraints, as well as information pertaining to the engineering characteristics of underlying earth materials. From these data, specific geotechnical recommendations for grading/earthwork, slope stability, surface and subsurface drainage, pavement design, drainage and other geotechnical design considerations can be prepared. The following identifies the preliminary geotechnical recommendations to address alluvium, landslides, slope stability, Excavatability, groundwater, liquefaction and dynamic settlement, soil corrosivity and expansive soil. Alluvium - The majority of the proposed alignment is underlain by significant depths of compressible and liquefaction-susceptible alluvium. Feasible earthwork options include removal and recompaction of compressible alluvium, dewatering as needed, and removal recompaction down to the water table. Surcharge the remaining saturated alluvial section to achieve stable density for roadway support and minimal liquefaction potential. Detailed Page 30 --~-"._>.._._..._----_.- .-- ...-..-....---- .. ...---------.---.---. Potentially Significant ImpAct Potentially Significant Unleu Mitigated Uuthan Significant Impact No Impact geotechnical sampling and testing will be required to model surcharge effectiveness, particularly the imposed load/settlement-time relationships. Landslides - Further investigation of the landslide features mapped and possible features identified from aerial photographs/topography needs to be performed to evaluate the potential for slope failures adjacent to the proposed alignment. Some ofthese features may require stabilization or removal during grading. In some cases, possible landslides identified in geotechnical studies of the area may not represent a landslide hazard. Slope Stability - In general, cuts in the granular formational materials should be grossly stable at gradients of 2: I (horizontal to vertical). Considerable erosion and gullies were observed on the newly cut slopes located on the south side of Poggi Canyon in the Sunbow development. Planting these slopes should help reduce surficial stability and erosion problems. Grading plans for the canyon roadway have not been finalized. Cut and fill slopes descending into the canyon shall be evaluated for gross and surficial stability. Excavatability - Alluvial materials found in Poggi Canyon should be excavatable with conventional grading equipment. Formational materials in the eastern area of the project will likely contain scattered concretionary materials which could require local heavy ripping. Special handling of the oversize material in the fill will probably be required. Groundwater - Canyon areas to receive fill should have subdrains installed to reduce and control potential future seepage out ofthe slopes. Where fill embankments are planned for both the planned parkway and the Poggi Creek drainage, consideration should be given to installing a subdrain at the base of the alluvial removals and prior to fill placement. Dewatering may be required as part of the remediation of the underlying alluvium. Liquefaction and Dynamic Settlement - Subsurface exploration and associated laboratory testing shall be performed during the design phase of the roadway to evaluate the liquefaction and dynamic settlement potential of on-site soils. It is possible that liquefaction will have limited impact on the planned parkway. Under these circumstances, consideration can be give to reading minor damage to roadways rather than totally mitigation against any potential movement. If liquefaction of underlying soils is found to be a significant problem, mitigation of already graded area could include stone piles, compaction grouting or other ground modification techniques. Soil Corrosivity - Soils within the alignment have been identified as corrosive with respect to both ferrous metals and concrete. Further testing shall be performed to determine the extent of the corrosive materials so that improvements can be designed accordingly. Expansive Soil - Soils exhibiting expansive characteristics are present within the formational materials, residual/colluvial soils and alluvium. Expansive soils also have generally poor engineering characteristics. Selective grading shall be performed to prevent these materials from being placed within 5 feet of the final grade of the proposed roadway. If expansive soils are exposed in cut portions ofthe roadway, these materials should be under cut 5 feet and replaced with non-expansive materials. IV. WATER. Would the proposal result in: Page 31 Potentially PotentiaUy Significant Les. than Signilic.nt Unless Signifi£ant No Impact Mitigated Impact Impact a) Changes in absorption rates, drainage patterns, or 0 181 0 0 the rate and amount of surface runoff? b) Exposure of people or property to water related 0 0 0 181 hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration of 0 0 181 0 surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 181 0 0 water body? e) Changes in currents, or the course of direction of 0 181 0 0 water movements, in either marine or fresh waters? t) Change in the quantity of ground waters, either 0 0 0 181 through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of groundwater? 0 0 0 181 h) Impacts to groundwater quality? 0 0 181 0 i) Alterations to the course or flow of flood waters? 0 181 0 0 j) Substantial reduction in the amount of water 0 0 0 181 otherwise available for public water supplies? Page 32 Potentially PotentiaUy Significant Less tban Significant Unl... Significant No Impact Mitigated Impact Impact Comments: Response to IV a. Construction of the proposed project will increase impervious surfaces in the project area and will affect the natural drainage system within Poggi Canyon. Changes in existing absorption rates, drainage patterns, and/or rate and amount of surface runoff will result as the project will fill the existing Poggi Canyon drainage, and a new drainage channel will be created. Construction of the new drainage channel, as well as implementation of Water Mitigation identified below, will reduce this impact to a less than significant level. Response to IVb. The proposed project will not result in the exposure of people or property to water related hazards such as flooding, as the roadway will not be located within the 100-flood plain. The proposed project will not be constructed in an area susceptible to impacts from tidal waves. Response to IVe. Runoff flowing from impervious surfaces typically contains pollutants such as oils, fuel residues, and heavy metals which would diminish water quality in downstream water. Runoff from proposed developments will be controlled via a detention basin proposed as part of the drainage system to be located on the north side of the roadway. According to the Otay Ranch GDP EIR (90- 01), and SPA One EIR (95-01) urban runoff would not carry enough pollutants to significantly degrade water quality in downstream areas. Response to IVd. Decreased absorption of rainfall which would occur with increased impervious surfaces could potentially change the amount of seasonal surface water in Poggi Canyon. Construction of the new drainage system, which includes a large detention basin in the new drainage channel, will reduce the impact to hydrology flows/drainage to a less than significant level. Response IVe. Portions of Poggi Canyon contain fresh water. This canyon will be filled, and a new drainage facility will be created. The replacement drainage facility will generally flow in the same direction as the existing drainage that will be impacted. The impact to this issue will be mitigated by the replacement drainage and through conditions of the USACOE 404 permit and RWQCB 401 certification. Page 33 .___M_____.__._." .",. ._.____..~_ _ ____.._~___._...___.._...,___,..,.__..._ PotentiaUy SignjfjCJInt Impact Potentially Significant Unless Mitigated Less than SignifiCllnt Impact No Impact Response to IVe, Ivg, IVb. The increase in impervious surfaces associated with development on the project site will increase the amount of runoff from precipitation, while decreasing the amount of percolation. Neither the SPA One area, nor the Sunbow or Eastlake developments are located in an area of significant groundwater recharge. Therefore, no impact to groundwater quality is anticipated. The project site and surrounding area do not constitute a significant recharge area. According to the SPA One EIR (95-0 I), the existing ground water is of poor quality in the project area. The Otay Subunit in the western coastal plain has fair to poor groundwater quality due to the migration of connate brines. Groundwater analyzed from two wells in Poggi Canyon contained concentrations of total dissolved solids (IDS) from 3,900 to 5,860 milligrams per liter. TDS, chloride and nitrate values exceeded Federal Secondary Drinking Water Standards in both wells. Nitrate levels were elevated franging from 40.7 to 54.2 milligrams per liter. No significant impacts to groundwater quality are anticipated to occur during development and operation of the roadway. Response to IVi. The natural drainage system of Poggi Canyon will be altered with implementation of the project, as such the alterations to the current course or flow of flood waters will occur. This impact will be mitigated through the implementation of the drainage system proposed as part of the project. This drainage system will accommodate expected flood flows from future developments within the drainage basin. The proposed drainage plan consists of the construction of a new drainage channel and detention basin to accommodate storm water runoff. Implementation of the storm drain plan will reduce impacts resulting from alterations to the course or flow of flood waters to a less than significant level. Response to IVj. Neither construction nor operation of the proposed roadway will significantly affect the amount of water available for public water supplies. Some water will need to be used for slope landscaping. However, water used for this purpose will be reclaimed water and will not affect the amount of potable water available for public supply. Sunbow The Sun bow EIR (88-1) identifies the project's increase in impervious surfaces from development including roadway construction will result in increased runoff. Flow contributions may impact facilities associated with the Telegraph and Poggi Canyon basins, requiring upgrading as mitigation. Water quality impacts are also identified with the proposed project urban development and associated urban pollutants. Implementation of measures contained in Sunbow EIR 88-01, as well as standard City grading and construction procedures/requirements would mitigate project drainage and water quality impacts to a level less than significant. Otay Ranch The Otay Ranch SPA One ElR (95-0 I) identifies an increase in impervious surfaces resulting from the SPA One plan (which includes the Olympic Parkway) that will increase the amount of urban runoff, while decreasing the amount of percolation into the groundwater. Additionally, the project will result in an increase in runoff flows off-site which could potentially impact downstream Page 34 --.-.--".--..---.-----."---,-.., ,,- ~ -~~"'-'.- ._......---- ..-.--..- -...-.----....--..-.-.. Potentially Significant Impllct Potentilllly SignifICant Un/ellll Mitigllted Less than Signilie~lDt Impllct N. Impllct facilities. Due to the filtering of pollutants during percolation, in addition to the poor quality of existing ground water within SPA One, no significant impacts to ground water quality were identified. The SPA One area is not located in an area of significant aquifer recharge; therefore, no impacts to groundwater quantity were identified. As identified in EIR 95-0 I, Poggi Canyon will be channelized within SPA One as an earthen trapezoidal channel parallel to the proposed Orange Avenue (Olympic Parkway). Increased flows expected at buildout of SPA One would be mitigated with the implementation of an approximately 6 acre detention based recommended at the western boundary of SPA One. This detention basin is provided as part of the drainage plan for the Olympic Parkway project. The final size and design of the detention basin would be detennined with the preparation of final grading plans (for SPA One), and will be designed to accommodate a 100-year frequency stonn. The increase in runoff as a result of development of the proposed project (SPA One) was identified as a potential impact. Implementation of Mitigation Measures 2 contained in Section 4.9 ofEIR 95-01, and compliance with Regional Water Quality Control Board pennitting requirements will reduce the identified impacts to a level less than significant. Eastlake The Eastlake Greens/Trails Re-Planning Program SEIR~..j, does not specifically address drainage in Poggi Canyon, or as a result ofthe development of the portion of Olympic Parkway adjacent to Eastlake Trails; however, the EIR indicates that the increase in impervious surfaces and water runoff expected from the proposed Eastlake Trails development would be controlled, and mitigated to a level less than significant through the implementation of the on-site drainage system. Runoff flowing across impervious surfaces and landscaping would contain pollutants such as oils, fuel residues, heavy metals, fertilizers, and pesticides. The runofffrom the project itself would not significantly degrade water quality in downstream areas; however, the project would contribute cumulatively with other projects in the watershed in affecting water quality. Implementation of pollution control devices and BMPs would help to lessen the cumulative effect. WATER MITIGATION Sun bow Implementation of measures contained in Sunbow ElR 88-01, as well as standard City grading and construction procedures/requirements would mitigate project drainage and water quality impacts to a level less than significant. The channel proposed as part of the roadway project implements some of the drainage mitigation measures identified in EIR 88-0 L Otay Ranch As identified in the SPA One EIR, potentially significant water resources impacts resulting from development in the project area can be reduced to a less than significant level through the use of Best Management Practices and through the implementation of mitigation measures. Mitigation measures identified in the SPA One EIR include the following: I. Prior to the issuance of grading penn its and during grading the applicant shall comply with all applicable regulations established by the United States Environmental Protection Agency as set forth in the National Pollutant Discharge Elimination System (NPDES) pennit requirements for urban runoff and stonnwater drainage and any regulations adopted by the City of Chuta Vista pursuant thereto. The City of Chula Vista and County of San Diego have a Municipal Permit from the State Regional Water Quality Control Board (RWQCB) for stonnwater discharge. In Page 35 _._--_._---_.~-_._._.,,-_._. .-.--,---.. .-....-------.---........ Potentially Significant Impact Potentildly Significant Unl... Mitigated No Impact Less than Significant Impact order to be covered under NPDES Municipal Permit No. CA 0108758, the proposed developed area will be required to mitigate impacts to stonnwater quality. In addition, RWQCB has issued one general penn it that applies to construction activity. In order to be covered under the Construction General Penn it, a Notice oflntent (NOI) must be filed with RWQCB. Compliance with the Penn it requires that a stonnwater pollution plan be prepared and implemented for the project Best management practices, design, treatment, and monitoring for stonnwater quality must be addressed with respect to Municipal and Construction Pennits. Eastlake 4.4.4.1 4.4.4.2 4.4.4.3 4.4.4.4 4.4.4.5 4.4.4.6 Hydroseeding and landscaping of any cut/fill slopes disturbed or built during the construction phase of (the Eastlake Trails project) with appropriate ground cover vegetation would be perfonned within 30 days of completion of grading activities. Areas of native vegetation or adjoining slopes to be avoided during grading activities would be delineated to minimize disturbance to existing vegetation and slopes. Artificial ground cover, hay bales, and catch basins to retard the rate of runoff from manufactured slopes would be installed if grading occurs during wet weather season (November I through April I). Fine particulates in geologic materials used to construct the surficial layers of manufactured slopes would not be specific unless a suitable alternative is not available. Temporary sedimentation and desilting basins between graded areas and streams would be provided during grading. Detention basins, effective for very large drainage areas. These are essentially ponds with controlled release rates to minimize downstream effects. Some pollutants can settle during storage and improve the quality of water released. 4.4.4.7 Infiltration basins, designed to hold runoff and allow percolation into the ground. These basins need adequate storage volume and good penneability of the underlying soils. 4.4.4.8 Infiltration trenches and dry wells, holes, or trenches filled with aggregate and then covered. Dry wells are typically used for runoff from roofs; infiltration trenches typically serve larger areas, such as streets and parking lots in commercial areas. Both are best suited for areas with penneable soils and a sufficiently low water table or bedrock. 4.4.4.9 Porous pavement such a lattice pavers or porous asphalt These may be used to replace large areas of paving that are not subject to heavy traffic. 4.4.4.10 Vegetative controls. Plant materials which intercept rainfall and filter pollutants and absorb nutrients. 4.4.4. II Grassed swales, shallow grass-covered channels used in place of a buried stonn drain. This type of vegetative control is most applicable to residential areas. Page 36 "--~.----..-.'__-"_ .._.__.__ ·____~_·__.__m____.._ Potentially Potentially Significant Less than Significant Unless Significant Nn Impact Mitigated Impact Impact V. Am QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 181 0 0 an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 181 c) Alter air movement, moisture, or temperature, or 0 0 0 181 cause any change in climate, either locally or regionally? d) Create objectionable odors? 0 0 0 181 e) Create a substantial increase in stationary or non- D D D 181 stationary sources of air emissions or the deterioration of ambient air quality? Comments: Response to Va. The San Diego region is currently a non-attainment area for federal and state standards for ozone, carbon monoxide, and particulates (PMIO). The incremental increase in short- term construction impacts associated with clearing, borrow area excavation, and grading activities as well as tailpipe emissions from construction vehicles and equipment will contribute to existing air quality violations on a short-term basis. Compliance with pollution control measures during construction will reduce air quality impacts to a less than significant level. Response to Vb. Currently, there are no sensitive receptors located in the vicinity of the roadway alignment or borrow areas. Therefore, the proposed project would not result in the exposure of sensitive receptors to pollutants. Future development along the roadway corridor will not be impacted from the project as land uses have been planned around the roadway, and sensitive receptors will not be located adjacent to the roadway. Because the proposed project alignment is generally consistent with the alignment analyzed in previous environmental plans no new impact is anticipated. Response to V c. The construction of and operation of the proposed roadway will not alter air movement, moisture, or temperature, or cause any change in climate, either locally or regionally. Response to Yd. Normal operation of the proposed roadway will not create objectionable odors. Response to Ve. In the long-term, the proposed roadway will not generate additional traffic which would lead to long-term air quality impacts. Increased traffic will be generated by future land development projects described in earlier referenced E1Rs. Rather, the roadway would redistribute existing traffic patterns and alleviate congestion on other east-west roadways. The degree to which the project would contribute to existing air quality violations would be less than significant. The Olympic Parkway was addressed in the General Plan EIR (ElR 88-02) and the proposed project does not alter the impact as previously addressed. Sunbow The Sunbow EIR (88-1) identifies a significant, but mitigable impact related to short-term air quality as a result of project construction (including Olympic Parkway). Page 37 ..__.__.____··.··._____.~,_·_,___..___"__u_.._~_.,...._.__,______~.._~. Potentially SignifiCJnt Impact Potentially Significant Un)", Mitigated Lesstban SienHiCJnt Impact No Impact Otay Ranch The Otay Ranch SPA One EIR (95-0 I) identifies a significant, but mitigable impact related to short- term air quality as a result of project construction (including Olympic Parkway). Eastlake The Eastlake Greens/Trails Re-Planning Program SEIR identifies a significant, but mitigable impact related to short-tenn air quality as a result of project construction (including Olympic Parkway). AIR QUALITY MITIGATION Sunbow Mitigation Measures identified in the Sunbow ErR (88-1), subject to City approval are: · Use of watering or other dust palliatives to reduce fugitive dust; emissions reductions of about 50 percent can be realized by implementation of these measures. · Hydroseeding, landscaping, or developing of disturbed areas as soon as possible to reduce dust generation. · Proper covering of trucks hauling fill material. · Enforcement of a 20 mile-per-hour speed limit on unpaved surfaces. · Use of heavy-duty construction equipment that is equipped with modified combustion/fuel injection systems for emission control. Otay Ranch Mitigation Measures identified in the Otay Ranch SPA One EIR (95-01), to reduce construction emissions are: · Minimize simultaneous operation of multiple construction equipment units (i.e., phase construction to minimize impacts). · Use low pollutant-emitting construction equipment. · Use electrical construction equipment as practical. · Use catalytic reduction for gasoline-powered equipment. · Use injection timing retard for diesel-powered equipment. · Water the construction area twice daily to minimize fugitive dust. · Stabilize (for example, hydroseed) graded areas as quickly as possible to minimize fugitive dust · Pave pennanent roads as quickly as possible to minimize dust. Eastlake Mitigation Measures identified in the Eastlake Greens/Trails Re-Planning Program SEIR![~ [~~~~, to reduce construction emissions are: Page 38 ~._------,-.._-~..._---_._-_ "_.._ _·___~___"_____.._"_m __._.._."_ PotentiaUy Significant Impact Potentially Significant UnJeu Mitigated Lesstban Significant Impact N, Impact 1. All unpaved construction areas shall be sprinkled with water or other acceptable San Diego APCD dust control agents during dust-generating activities to reduce dust emissions. Additional watering or acceptable APCD dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. Emissions reductions of about 50 percent can be realized by implementation of these measures. 2. Trucks hauling dirt and debris should be properly covered to reduce windblown dust and spills. 3. Enforce a 20-mile-per-hour speed limit on unpaved surfaces. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed area shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Use low pollutant-emitting construction equipment. 8. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. 9. Equip construction equipment with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide to the extent available and feasible. 10. Use electrical construction equipment, to the extent feasible. I L Use catalytic reduction for gasoline-powered equipment. 12. The simultaneous operations of multiple construction equipment units shall be minimized (i.e., phase construction to minimize impacts). VI. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? D D D 181 b) Hazards to safety from design features (e.g., D D D 181 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to nearby D D D 181 uses? d) Insufficient parking capacity on-site or off-site? D D D 181 e) Hazards or barriers for pedestrians or bicyclists? D D D 181 Page 39 f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? Potentially Potentially Significant Lüstban Signifit'Rnt Vn/en Significant No Impact Mitigated Impact Impact 0 0 0 181 g) Rail, waterborne or air traffic impacts? o o o 181 A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: h) o o o 181 Response to VIa. The proposed project will not generate increased vehicular trips; however, it will result in the redistribution of existing and projected future trips in the project area. Future land development projects in the area will generate traffic impacts as decribed in earlier referenced EIRs. The project will also provide access to future development and development which is already underway adjacent to the proposed roadway. The project will reduce congestion on existing adjacent east-west roadways. Response to VIb. The proposed project will not result in hazards to safety from design features or incompatible uses. The roadway will be designed and constructed to the City's safety engineering standards. Response to VIe. The proposed project will not result in inadequate emergency access or access to nearby uses. Construction of the roadway will provide additional emergency access within the area surrounding the project. Response to VId. The project will not result in insufficient parking capacity, as it does not involve the development of land uses which would generate the need for parking facilities. Response to VIe. The proposed roadway will be constructed according to the City's engineering standards for a 6-lane primary arteriall4-lane major roadway. Response to VIr. The proposed project will not conflict with adopted policies supporting alternative transportation, as it will penn it bicycle and pedestrian traffic and will accommodate the expansion of public transit routes. Response to VIg. The proposed project will not result in impacts to rail, waterborne, or air traffic transportation. The proposed project is not located in close proximity to any ofthese modes of transportation. Response to VIh. The proposed project is not classified as a "large project" by the Congestion Management Program, as it will not generate automobile trips. The project has been identified as a needed improvement to serve ongoing and future development in the project area. VIl. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: Page 40 Potentially Potentially SignitiCJInt Less than Significant Unless Significant No Impact Mitigated Impact Impact a) Endangered, sensitive species, species of concern D 181 D D or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? 0 0 0 181 c) Locally designated natural communities (e.g, oak 0 181 0 0 forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal 0 181 0 0 pool)? e) Wildlife dispersal or migration corridors? 0 181 0 0 f) Affect regional habitat preservation planning 0 181 0 0 efforts? Comments: Biological resource impacts as a result of construction and operation of the proposed roadway, including the borrow area excavation, have been previously addressed within each E1R for the major planned developments abutting the proposed roadway (Sunbow, Otay Ranch, and Eastlake). The most current biological data is provided by the Biological Resources Report and Impact Assessment for Otay Ranch SPA One and GDP/SRP Amendment Areas (Dudek, February 1998) and the Eastlake Greens/Trails Replanning Program SEIR for Eastlake (RECON, April 1998). Some grading and development has occurred in conformance with approved plans within the Sun bow portion of the proposed parkway alignment. The following summarizes the findings of the relevant environmental documentation and describes the current status of biological resources within the Sunbow, Otay Ranch SPA One, and Eastlake portions of the alignment. Sunbow The Sunbow General Development Plan Pre-Zone Final ElR identified impacts to wetland resources as a result of the construction of Olympic Parkway. u.S. Army Corps of Engineers, Department of Fish and Game, and Regional Water Quality Control Board permits for wetland disturbance associated with construction of the portion of the roadway through the Sunbow property have been obtained. A wetland grading and revegetation plan has been prepared for Poggi Canyon and is currently being implemented. Mitigation for these impacts, as well as other wetland impacts on the Sunbow property is being addressed through the wetland restoration plan. Impacts to upland habitat (coastal sage scrub) as a result of development of the Sunbow project are addressed through an approved coastal sage scrub mitigation plan. This approved mitigation plan requires off-site purchase of 6.5 acres of mitigation land at the time Phase III of Sunbow is implemented. Olympic Parkway is part of Phase 111. This plan involves the purchase of off-site habitat and the preservation of on-site areas to mitigate for on-site habitat losses. The coastal sage scrub mitigation plan also addresses impacts to coastal sage scrub associated with construction of Olympic Parkway through the Sunbow property. Page 41 ---..-.--.---..,-....-.- ",..--------..-- Potentially Significant Impllct Potentially Significant Unless Mitigated LeiS than Significant Impact No Impact Otay Ranch The majority ofthe impacts to sensitive biological resources from construction of Olympic Parkway will generally occur between Paseo Ranchero and SR-125. This portion of the alignment traverses portions of Otay Ranch SPA One. The Otay Ranch SPA One EIR identified Poggi Canyon as a local corridor for target mammal species and is considered a regional corridor for the coastal California gnatcatcher and the cactus wren as it contains some areas of coastal sage scrub and maritime succulent scrub. However, much of Poggi Canyon does not presently function as an effective wildlife corridor, due to its topographic separation from Salt Creek and Wolf canyons (except for two shallow passes) and the presence of agricultural land and other development at its eastern and western tennini. Poggi Canyon functions as a "local" corridor for mammal species, and as a regional connection for avian species. To function as an effective corridor for avian species, revegetation of areas with coastal sage scrub and maritime succulent scrub would be required. Creation of such a corridor through revegetation was considered with the preparation of the original Otay Ranch GDP; however, such efforts are no longer proposed as detennined through the modifications approved by the Chula Vista City Council on November 10,1998 by Resolution #19254. Currently, Poggi Canyon does not link two or more patches of habitat, as by definition, is required of a corridor. Eastlake No significant impacts to biological resources are anticipated for the portion ofthe roadway that traverses the Eastlake properties includingtht:.,.sg,uthern Landswap parcels. According to the Eastlake Greens/Trails Re-Planning Program SEIR:[~'mJfi~I~, the land within this portion of the alignment corridor has been historically utilized for agricultural operations and does not contain significant environmental resources. Page 42 Potentialty Significant Impact Potentially Significant Unl... MitIgated Less than Significant Impact No Impact Project Specific Roadway Impacts Upland Habitat Sensitive upland vegetation within the Olympic Parkway alignment corridor has been mapped utilizing existing biological reports. Sensitive upland vegetation within the alignment corridor, including Borrow Area (I) consists of coastal sage scrub, disturbed coastal sage scrub, maritime succulent scrub, disturbed maritime succulent scrub, valley needlegrass grassland and disturbed habitat. Figures 4 through 14 depict the sensitive biological upland habitat located within the alignment. Figure 17 depicts the sensitive habitat within Borrow Area (I). Attachment A depicts the areas of sensitive habitat impacted by the roadway in greater detail. These figures also depict the proposed alignment and limits of grading. Based on this preliminary design, it is anticipated that the proposed project will result in impacts to the biological resources identified in Table I. Table I depicts the acreage of each habitat estimated to be impacted based on preliminary design for each of the habitat types. Approximately 2.43 acres of coastal sage scrub will be impacted within the Sunbow portion; however, this loss of acreage has already been accounted for in the Sunbow penn its and is not shown in Table I. Impacts to the remaining upland resources are located within the Otay Ranch portion of the alignment and Borrow Area (I) and will be mitigated to a less than significant level by obtaining an Interim take pennit under the 4(d) rule and by implementing the Preserve established in the Otay Ranch General Development Plan and RMP as modified by the Chula Vista City Council on November 10, 1998 by Resolution #19254. Coastal Sage Scrub: Coastal sage scrub is a native plant community composed of a variety of soft, low, aromatic shrubs, characteristically dominated by drought-tolerant deciduous species such as California sagebrush, California buckwheat, and sages, with scattered evergreen shrubs, including lemonadeberry, laurel sumac, and tyon. The location of coastal sage scrub habitat is depicted on Figures 6, 7, 8,9, and 17 and in Attachment B. Maritime Succulent Scrub: Maritime succulent scrub is similar to coastal sage scrub, but also contains a mixture of stem and leaf succulents, typically including barrel cactus, coast cholla, coast prickly-pear, cliff spurge, San Diego bur-sage and jojoba. The location of maritime succulent scrub is depicted on Figures 6, 7, 8, 9, and 17 and in Attachment B. Valley Needlegrass Grassland: Valley needlegrass grassland is a native grassland dominated by perennial bunchgrasses, such as needlegrass. This plant community typically alternates with coastal sage scrub on some clay soils, often on more mesic exposures and at the bases of slopes, but may also occur in large patches. The location of valley needlegrass grassland is depicted on Figures 6 and 7 and in Attachment B. Disturbed Habitat: Disturbed habitat are areas that lack vegetation entirely or support only sparse, weedy species. The location disturbed habitat is depicted on Figures 6, 7, 8, and 9 and in Attachment B. Page 43 Potentially Si2nificlnt Impact Potentially Significant Unles! Mitigated Le:ssthan Si2nifiCint Impact No Impact TABLE I UPLAND HABITAT IMPACTS Habitat Alignment Borrow Area Total Coastal Sage Scrub Disturbed Coastal Sage Scrub Maritime Succulent Scrub Disturbed Maritime Succulent Scrub Valley Needlegrass Grassland Disturbed Habitat 4.09 acres 1.08 4.25 4.62 3.04 0.03 7.14 acres I 1.23 acres 1.08 5.12 4.62 2.14 0.03 0.87 Does not include 2.43 acres of coastal sage scrub in Sunbow. Upland Impacts Disturbance of coastal sage scrub and maritime succulent scrub associated with grading and construction of the roadway may result in impacts to gnatcatcher and cactus wren populations in the project area. The California gnatcatcher is listed by USFWS as a threatened species and the cactus wren is listed as a species of special concern by the California Department ofFish and Game. Both species are covered by the MSCP. The Cooper's Hawk and the White-Tailed Kite have also been sited in the project area. Both ofthese species are listed by the California Department of Fish and Game as species of special concern. Impacts to habitat utilized by these species may result in impacts to their viability in the project area. Implementation of Mitigation Measures identified below will reduce impacts to sensitive species to a less than significant level. Wetland Impacts Implementation of the proposed project will result in impacts to wetland habitats within Poggi Canyon. Impacts to wetlands will occur as the natural drainage system through Poggi Canyon is altered by construction of the roadway. Table 2 depicts the wetland habitat acreage impacted and proposed mitigation ratio/acreage. Page 44 PotentiaJJy Significant Impact Potentially Significant Unless Miti ¡:ated Less than Significant Impact No Impact TABLE 2 WETLAND IMPACT ACREAGE AND PROPOSED MITIGATION Impacted Habitat Impacted (acre Mitie:ation Ratio Created (acre) Replacement Habitat (on-site) Non~wetland Waters of the U.S. (includes Open Water) 1.02 1.02 Southern Willow ScrubIMule Fat Scrub Disturbed Herbaceous Wetland 4.29 4.29 Southern Willow Scrub! Mule Fat Scrub Coastal Freshwater Marsh 2.04 1.42 2.89 Coastal Freshwater Marsh/Southern Willow Scrub Southern Willow Scrub 0.50 1.5 0.75 0.06 3 0.18 0.05 3 0.15 Mule Fat Scrub Mule Fat Scrub Southern Willow Scrub Riparian Woodland A jurisdictional wetland delineation was prepared for the proposed project site using routine on-site determination protocols of the 1987 Army Corps of Engineers (ACOE) manual (Environmental Laboratory 1987). The detailed technical report is titled "Jurisdictional Wetland Delineation for the Olympic Parkway Project" (Merkel & Associates, Inc. January 26, 1999) and is provided in Attachment C of this document. The purpose of the wetlands delineation was to determine the extent of jurisdictional wetland habitats on-site and to determine the potential impacts to these wetland resources from development The wetland delineation effort also identified non-wetland waters under federal jurisdiction and streambeds under the jurisdiction of the California Department of Fish and Game (CDFG). Wetlands and jurisdictional waters existing in the study area are regulated under one or both of the following: Section 404 of the Clean Water Act (U.S. Army Corps of Engineers) covering discharge of dredged or fill materials into the Waters of the United States; and Section 1600 et seq. of the California Fish & Game Code which addresses alterations of streambeds. Southern Willow Scrub Non-wetland Waters ofthe U.S. are jurisdictional waterways that exhibit wetland hydrologic characteristics. These areas may be inundated during the wetter portion of the year by normal storm events, but lack either or both the hydrophytic vegetation or hydric soil conditions required to define wetlands under federal regulatory programs. Open Water is a subcategory of Non-wetland waters. Five wetland vegetation types were mapped including Herbaceous Wetland, Coastal Freshwater Marsh, Mule Fat Scrub, Southern Willow Scrub, and Riparian Woodland. Jurisdictional Non-wetland Water of the U.S. were also mapped. Page 45 Potentially Significant Impact Potentially Significant Unless Mitigated Less than Signiticllnt Impact N. Impllct Herbaceous Wetland Approximately 4.29 acres of Herbaceous Wetland exist on-site. Herbaceous Wetlands are located along the main drainage throughout the project site. Coastal Freshwater Marsh Small stands of Coastal Freshwater Marsh vegetation are located sporadically along the main drainage. These stands, along with larger areas of Freshwater Marsh located on the eastern portion of the project site, totaled 2.04 acres. This habitat type primarily consisted of Broad-leaf Cattail (Typha latifolia), which is an obligate wetland species. Occasionally, stand of California Bulrush (Scirpus calif arnica), another wetland obligate species, occurred along with the CattaiL Mule Fat Scrub Approximately 0.50 acre of Mule Fat Scrub is located on-site. Mule Fat Scrub was mapped for several areas dominated by stands of Mule Fat (Baccharis salicifolia). This FA WC species occurred along drainages in several areas on-site. Southern Willow Scrub Southern Willow Scrub vegetation occurred at a few locations on-site (along the main drainage), yielding a total acreage ofO.06 acres. Gooding's Black Willow (Salix gooddingii), an obligate wetland species, was the dom inant plant of this vegetation type in one area. The other areas of Southern Willow Scrub were comprised of Arroyo Willow (Salix lasiolepis), a FACW species. Riparian Woodland Approximately 0.05 acre of Riparian Woodland is located on-site. This habitat type is characterized by several individual large willows. These trees are barren and most likely dead; however, the understory of these areas consisted of dense stands of Coastal Freshwater Marsh or Mule Fat Scrub vegetation types. Non-wetland Waters Areas devoid of wetland vegetation and soils, but showing evidence of flow or soil saturation, were identified (mapped) as Open Water or Non-wetland Waters of the U.S. These areas are under the jurisdiction ofCDFG and ACOE as Streambed and Non-wetland Waters ofthe U.S., respectively. Approximately 0.25 acres of Open Water and 0.77 acres of Non-wetland Waters, yielding a total of 1.02 acres of these jurisdictional types exist on-site. Wetlands Functions and Values The site's jurisdictional wetlands and non-wetland waters primarily occur along the central drainage of Poggi Canyon. In general, wildlife value is considered low for most wetland habitats given the lack of wetland vegetation within the canyon. The limited wetland on the site are valuable to a variety of animals such as the Pacific Chorus Frog and California toad. Sensitive bird species such as the Coastal California Gnatcatcher and Cactus Wren, although sage scrub associates, will also utilize wetland habitats. Various raptor species including the Golden Eagle forage over the area and were seen during the wetland delineation using snags and several large trees for perch sites. Page 46 Potentially Siguificant Impact Potentially Significant Unless Mitigated Len than Significant Impact No Impact Expected Impacts to WetJands The proposed project will result in impacts to approximately 7.91 acres of Water ofthe U.S. consisting of 4.29 acres of Herbaceous Wetland, 2.04 acres of Coastal Freshwater Marsh, 0.50 acre of Mule Fat Scrub, 0.06 acre of Southern Willow Scrub, 0.05 acre of Riparian Woodland, and 1.02 acres of Non- wetland Waters (including areas of Open Water). Wetland Permitting Requirements The project will result in impacts to water and/or streambeds that fall under both state and federal regulatory programs. Under Section 404 of the Clean Water Act, placement of dredged or fill material within Waters of the U.s. requires a permit issued by the ACOE. The Clean Water Act also requires the issuance of a state water quality certification or waiver under Section 40 I to be issued by the Regional Water Quality Control Board for any action that may result in degradation of the waters of the State. In addition to the federal act requirements, the proposed work would constitute an alteration of a streambed and falls under the jurisdiction ofCDFG pursuant to Section 1600 el seq. of the California Fish and Game Code. The creation of a new, larger natural drainage channel provides an opportunity to create a more viable, enhanced wetland than exists in the canyon today. The impact to wetlands in Poggi Canyon can be mitigated on-site. A small interim drainage ditch will be created on a portion of the southern side of the roadway in addition to the permanent drainage proposed for the north side ofthe roadway. Significant vegetation may begin to reestablish within this interim drainage should the drainage be left undisturbed over an extended period. The City is requesting as part of the wetland permit application that any mitigation agreements negotiated with the resource agencies address this potential future "wetland" issue, in an effort to avoid the need to obtain additional permits for the interim drainage at the time development occurs to the south of the roadway and this interim drainage facility is improved. The applications for the wetland permits; however, does not include a wetland mitigation acreage at this time for the interim drainage channel as the specific amount of wetland acreage impacted associated with the interim drainage is unknown. Additionally, early consultations with the U.S. Army Corps of Engineers has indicated that any impact to the interim facility would be viewed as a permanent impact due to the estimated 5 to 10 year timeframe before grading would occur on the south side of the road, removing the interim drainage facility. BIOLOGICAL RESOURCES MITIGATION Sunbow Mitigation for the Sunbow portion of the Olympic Parkway alignment is completed and is not part of the proposed project. A wetland mitigation plan has been prepared, is approved by the Resource Agencies, and is currently being implemented within the Sunbow property. A mitigation plan that addresses upland impacts for the portion of Olympic Parkway that traverses the Sunbow alignment has been approved as well and no further mitigation related to the construction of Olympic Parkway within the Sunbow property is required. Olay Ranch Mitigation measures identified in the SPA One ErR are summarized below: Page 47 Potentially Si2JIificant Impact Potentially Significant Unles! Mitigated Lesstban Significant Impact No Impact Because a majority of the impacts to biological resources resulting from the grading and construction ofthe roadway and Borrow Area (1) occur within Otay Ranch properties, significant impacts to biological resources would be mitigated through adherence to the requirements of the Otay Ranch Resource Management Plan (RMP) (Phases I and 2), and the San Diego Multiple Species Conservation Program (MSCP). The Phase 2 RMP establishes a series of standards for preservation of species and habitats to be applied project-wide for Otay Ranch and provides for the preservation of regionally significant wildlife corridors. Components of the Phase 2 RMP relevant to impacts to biological resources associated with construction of the proposed roadway include the Coastal Sage Scrub Restoration Master Plan and Restoration Analysis and the Biota Monitoring Program. These Phase 2 RMP components are intended to mitigate direct impacts from development of the entire Otay Ranch (with the exception of direct unavoidable impacts to the coastal California gnatcatcher, cactus wren). The San Diego Multiple Species Conservation Program (MSCP) was approved by the City of San Diego in March 1997 and by the County of San Diego in October 1997 with approval by the City ofChula Vista expected in 1999. The MSCP defines a Multiple Habitat Planning Area (MHPA) within which an open space preserve is ultimately to be assembled, primarily for the conservation of biological resources within southwestern San Diego County. Open space planned within Otay Ranch is considered by the wildlife agencies to be an integral component of the MHP A and, as part of the planning effortJor the MSCP, the wildlife agencies and Otay Ranch landowner(s) conducted negotiations to determine the appropriate configuration of open space on Otay Ranch to achieve consistency with the goals of the MSCP. Those negotiations concluded with an agreement executed by the wildlife agencies on February 22, 1996. The agreement resulted in changes in the Otay Ranch preserve configuration from that delineated in the Otay Ranch GDP approved on October 23,1993. The agreement allows the "take" of habitat in Poggi Canyon (Olympic Parkway alignment) in exchange for open space in the Proctor Valley and San Ysidro Mountain parcels. Wetland Permits . Impacts to Waters of the U.S. such as those located within portions of Poggi Canyon, will require a permit from the U.S. Army Corps of Engineers for the discharge of dredged or fill material pursuant to Section 404 of the federal Clean Water Act Water Quality Certification (pursuant to Section 401 of the federal Clean Water Act) will also be necessary from the California Water Quality Control Board. Additionally, under the California Department of Fish and Game Code Section 1600, any obstruction, diversion, or alteration to any stream, streambed, adjacent riparian habitat, and sometime contiguous upland habitat requires an agreement with the California Department ofFish and Game. Impacts occurring within the project area will require a 1601 agreement Wetland Mitil!ation . Wetland impacts will be mitigated through the creation of wetland habitat within the new, larger drainage to be located on the north side of Olympic Parkway. A conceptual wetland mitigation plan has been prepared for the proposed project, and is included as part ofthe U.S. Army Corps of Engineers Section 404 Permit. The proposed wetland mitigation site occurs adjacent to Olympic Parkway within the reconstructed Poggi Canyon channel. As proposed, the 7.91 acres of jurisdictional waters will be off-set by the creation of9.28 acres of wetlands. The goal of the revegetation effort is to create a multi-layered willow riparian woodland and mulefat scrubland Page 48 PotentiaUy Significant Impact Potentially Significant Unless Mitigated Leu tban Significant Impact Nn Impact with freshwater marsh habitat components interspersed with willow woodlands along the centra) core of the reconstructed Poggi Canyon channel. The mitigation proposed excludes all hard structures, roadway crossings, maintenance areas, and utility alignments crossing the channel, although these areas are expected to develop similar wetland functions and values between period of maintenance and would contribute to the overall function of the system. Table 2 depicts the impact acreage and proposed wetland mitigation for the project. Attachment C depicts a typical section of the mitigation concept. Overall, the mitigation lands are expected to provide greater functions and values than most of the existing wetlands within the project site. Eastlake No wetland or upland mitigation is necessary as this portion of the alignment is void of jurisdictional wetlands and sensitive upland habitat. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation plans? D D D 181 b) Use non-renewable resources in a wasteful and D D D 181 inefficient manner? c) Ifthe site is designated for mineral resource D D D 181 protection, will this project impact this protection? Comments: Response to VIlla. The proposed project involves construction of a roadway and will not involve excessive use of non-renewable resources and therefore will not conflict with adopted energy conservation plans. No impact to this issue was identified in the Sun bow E'~..~~.~-l), Otay Ranch SPA One EIR (95-01), and Eastlake Greens/Trails Re-Planning Program SEIR..> as it relates to the construction or operation ofthe Olympic Parkway. Response to VllIb. The project will require fuel, steel, and aggregate materials for construction. However, the operation of the roadway will require only minimal use of energy for roadway lighting purposes, and will not result in the use of non-renewable resources in a wasteful and inefficient manner. The project will be coordinated with grading of adjacent areas, to be utilized for borrow material, which will reduce length of trips from other regions. No impact to this issue was identified in the Sun bow EIR.~§8-1), Otay Ranch SPA One EIR (95-01), and Eastlake Greens/Trails Re-Planning Program SEIR~~~.> as it relates to the construction or operation of the Olympic Parkway. Response to VllIc. The project site is not designated for mineral resource protection. No impact to this issue was identified in the Sunbow EIR (88-1), Otay Ranch SPA One EIR (95-0 I), and Eastlake Greens/Trails Re-Planning Program SEIRæ.~oo~iI~) as it relates to the construction or operation of the Olympic Parkway. Page 49 Potentially Potentially Significant Lentban Si~nificlnt Un'... Significant N. impact Mitigated impact Impact IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? D D D 181 D D D 181 D D D 181 d) Exposure of people to existing sources of potential health hazards? D D D 181 e) Increased fire hazard in areas with flammable brush, grass, or trees? D D D 181 Comments: Response to IXa. The proposed project will not result in the use of hazardous substances, no impact to this issue is anticipated. While vehicles transporting hazardous waste may utilize the proposed roadway, such use will not significantly increase the risk of release of hazardous substances, as drivers will be required to comply with federal, state, and local regulations related to the handling and use of hazardous materials. The use of hazardous materials in the grading and construction of the proposed roadway will also be subject to compliance with applicable federal, state, and local regulations. The project will not result in a risk of accidental explosion or release of hazardous substances. Response to IXb. The project will create an additional roadway to be utilized as part of an emergency response or evacuation plan, potentially enhancing rather than interfering with such plans. Response to IXc. The proposed project is a roadway, and will not create any health hazard or potential health hazard. Response to IXd. No known health hazards exist in the vicinity of the project site. Therefore, the project will not result in the exposure of people to existing sources of potential health hazards. Sunbow The Sunbow EIR (88-1) did not address issues related to hazards; however, no hazardous materials are known, or have been identified within the Sunbow portion ofthe alignment Otay Ranch According to the Otay Ranch GDP EIR 90-1, there are no soils in the project area with contamination levels above state and federal threshold levels, and no hazardous materials have been identified in the project area. The area has been historically used for dry farming (i.e., grazing); use of hazardous materials associated with this type of farming is minimal. Page 50 Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact Eastlake The Eastlake Greens/Trails Re-Planning Program SEIR (97-04) did not address issues related to hazards; however, no hazardous material are known, or have been identified within the Eastlake portion of the alignment. As with the Otay Ranch property, and this area has been historically used for dry farming (i.e., grazing); use of hazardous materials associated with this type offarming is minimal. Response to IXe. The proposed project will not result in a significant increase in fire hazards associated with flammable brush, grass, or trees. The project will not introduce fire into significant stands of vegetation. Any increase in the potential for fire hazards on-site will be reduced to a less than significant level through compliance with the City's brush management requirements. The specific requirements for the proposed roadway will be developed through consultation with City fire departments during subsequent design phases. The City's NCCP 4(d) permit requires thinning and pruning of fire management zones rather than clearing and grubbing. X. NOISE. Would the proposal result in: a) Increases in existing noise levels? 0 181 0 0 b) Exposure of people to severe noise levels? 0 181 0 0 Page 5/ Potentially Significant Impact PotentildJy Significant Unless Mitigated Less than Significant Impact No Impact Comments: Response to Xa. The proposed project will result in increased noise levels in the project area during grading, construction and operation. Grading and construction will involve the use of graders, scrapers, bulldozers, excavators, backhoes, front-end loaders, pavers, and heavy trucks. Construction noise will be temporary in nature and will be reduced to a less than significant level with implementation noise mitigation measures intended to prevent noise levels from rising above the City's threshold for what is acceptable. Sunhow The Sunbow ErR (88-1) does not address short-term construction noise. Otay Ranch As identified in the SPA One EIR (95-01), roads will be constructed first (for development of SPA One), which will involve the use of graders, scrapers, bulldozers, excavators, backhoes, front-end loaders, pavers, and heavy trucks. Noise levels for equipment which might be used for construction range ITom approximately 68dB(A) to I 05dB(A) at a distance of 50 feet from the source. Noise levels typically decrease at a rate of approximately 6 dB(A) per doubling of the distance from the noise source. Implementation of mitigation identified below would reduce the impact to a level less than significant. Eastlake The Eastlake Greens/Trails Re-Planning Program SEIR~Ii¡¡iI~ does not address short-term construction noise. Response to Xb. Operation of the roadway will also result in increased noise levels as a result of the introduction of vehicular traffic into the area. The increase in noise levels in the project area generated by vehicular traffic associated with future land development projects described in earlier referenced EIRs would impact future development along the corridor; however the developments that will be abutting the roadway have been planned to avoid significant noise level impacts. Sunbow Sunbow EIR (88-1) identifies that on-site (within the planned Sunbow development) future noise levels attributed to cumulative traffic volumes will exceed standards and will require noise attenuation mitigation. No specific noise levels from the Olympic Parkway were identified; however, traffic volumes and associated noise levels would be similar to segments of Olympic Parkway that traverse SPA One, with the 65 CNEL contour occurring approximately 500 feet away from the roadway centerline. Otay Ranch The Otay Ranch SPA One EIR provides the most detailed information regarding the noise levels projected for the roadway. As indicated in the SPA One ErR, the 65 CNEL contour is approximately 500 feet away ITom the roadway centerline. The primary method of noise mitigation for the proposed roadway is the construction of sound walls surrounding residential areas that abut the roadway. The Page 52 Potentially Significant Impact Potentially Significant Unleu Mitigated Less than Significant Impact N, Impact NOISE MITIGATION Sunbow No specific noise mitigation measures are identified; Sunbow ElR (88-1) identifies, "specific measures to be identified in future implementation stages." Otay Ranch L During construction and grading the following measures shall be complied with: I) Grading and construction shall be limited to Monday through Saturday between the hours of 7a.m. and 5p.m. 2) All grading and construction equipment shall be equipped and maintained with effective muffler systems, subject to the approval of the City Engineer. Muffler systems shall confonn to the Environmental Protection Agency's Noise Control Program (Part 204 of Title 40, Code of Federal Regulations). 3) Construction equipment shall be located as far away from existing residential uses as practical. . Noise barriers shall be provided where residential unmitigated noise levels will exceed 65 dBA CNELfLdn. This barrier shall be a minimum 6 foot high solid barrier placed at minimum setback line where possible. The barrier can be a 6' masonry wall, 6' earthen benn, or other suitable material to provide noise attenuation (i.e.,plexiglass). Landscaping shall be utilized on or adjacent to the wall as detennined to be appropriate by the Planning Department to minimize visual impacts of the wall. . Prepare a site specific noise study prior to construction to detennine the potential impacts of the roadway adjacent uses. Long tenn mitigation will take place in the fonn of noise barriers on site. Eastlake No short-tenn construction noise mitigation measures were identified. Long tenn mitigation will take place in the fonn of noise barriers on site, as well as construction of homes with noise attenuating materials to achieve an interior 45dB(A). XI. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? D D D 181 b) Police protection? D D D 181 c) Schools? D D D 181 Page 53 d) Maintenance of public facilities, including roads? Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact 0 0 181 0 0 0 0 181 e) Other governmental services? Comments: Response to XIa. The proposed project will not generate an increase in dwelling units or population in the project area. Therefore, the proposed roadway will not result in a need for new or altered fire protection facilities or services. Response to Xlb. The proposed project will not generate an increase in dwelling units or population in the project area. Therefore, the proposed roadway will not result in a need for new or altered police protection facilities or services. Response to Xlc. The proposed project will not generate an increase in dwelling units or population in the project area. Therefore, the proposed roadway will not result in a need for new or altered school facilities or services. Response to XId. The proposed project involves the construction of a new roadway which would require both regular and emergency maintenance. The project will therefore result in the need for an expansion of public services to maintain the roadway. The degree to which maintenance services would need to be expanded would be less than significant, however, as construction ofthe roadway has been identified as part of the City's General Plan and Growth Management Plan forecasts. The City will be able to provide an adequate level of roadway maintenance service to this roadway. Response to Xle. The proposed project will not result in a need for any other new or altered governmental services. XII. THRESHOLDS. Will the proposal adversely impact the City's Threshold Standards? D D D 181 As described below, the proposed project does not adversely impact any of the Threshold Standards. a) Fire/EMS D D D 181 The Threshold Standards requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. Comments: Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista Threshold Standards for Fire/EMS. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is approximately 4 miles away and would be associated with a 4 to 7 minute response time (Rod Hastie - Chula Vista Fire Department). The proposed project will comply with this Threshold Standard. . Police D D D 181 Page 54 Potentially Significant Impllct Potentilllly Significant Unles. Mitigated Le55tban Significant Impact No fmpact The Threshold Standards require that police units must respond to 84% of Priority I calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7 minutes or less (Richard Preuss - Chula Vista Police Department). The proposed project will comply with this Threshold Standard. Comments: Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista Threshold Standards for Police. c) Traffic o o o 181 The Threshold Standards require that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west ofl-80S are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this Standard. Comments: Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista Threshold Standards for Traffic. The proposed project will comply with this Threshold Standard as it will improve traffic on the surrounding roadways, specifically, the project will alleviate existing and future projected traffic volumes on Telegraph Canyon Road by providing an additional east-west connection. According to the "Draft Olympic Parkway Roadway and Intersection Phasing Analysis" (BRW Group, July 30,1999), all intersections on Olympic Parkway will operate at LOS D or better with the phased implementation of intersection geometrics as recommended in the report. d) ParksIRecreation o o o 181 The Threshold Standard for Parks and Recreation is 3 acres/1 ,000 population. The proposed project will comply with this Threshold Standard. Comments: Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista Threshold Standards for ParksIRecreation. e) Drainage o o o 181 The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista Threshold Standards for Drainage. f) Sewer o o o 181 Page 55 Potentially Potentially Significant Less than SignificAnt Unl... Significant No Impact Mitigated Impact Impact The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard simply in that the project itself will not generate a demand for sewer. The project includes the installation of the Poggi Canyon sewer within the roadway, which will serve the proposed developments along the alignment. Comments: Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City of Chula Vista Threshold Standards for Sewer. g) Water o o o 181 The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off-set program the City ofChula Vista has in effect at the time of building permit issuance. Comments: Because the proposed project does not generate dwelling units or population in the project area, it will not adversely impact City ofChula Vista Threshold Standards for Water services. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas? 0 0 181 0 b) Communications systems? 0 0 0 181 c) Local or regional water treatment or distribution 0 0 0 181 facilities? d) Sewer or septic tanks? 0 0 0 181 e) Storm water drainage? 0 0 181 0 f) Solid waste disposal? 0 0 0 181 Comments: Response to XIlla. The proposed roadway will utilize electricity for roadway lighting purposes. However the additional demand for electricity generated by the project will be less than significant. Response to XIIIb. The proposed roadway will not result in a need for new communications systems, or result in alterations to existing systems. Response to XIllc. The proposed roadway will not require the use of water treatment or distribution facilities. Therefore, the project will not result in a need for new systems or substantial alterations to local or regional water treatment or distribution facilities. Page 56 Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact No Impact Response to XIDd. The proposed project will not require sewer or septic facilities for operatîon as no residential, or non-residential development is proposed as part of the project. Therefore, the project will not result in a need for new systems or substantial alterations to sewer or septic tanks. The project includes the installation of the Poggi Canyon sewer within the roadway, which will serve the proposed developments along the alignment. Response to XIIle. The proposed project will require a stonn water drainage system to control surface runoff, as Poggi Canyon will be modified and a new channel will be constructed parallel to the proposed roadway. Impacts to stonn water drainage due to increased stonnwater flows from the proposed roadway will be less than significant; however, as the drainage control plan for the roadway will address stonnwater runoff and drainage control. The final size and design of the detention basin will be detennined with preparation of final grading plans and will be designed to accommodate a 100- year frequency stonn. Runoff from the portion of the roadway immediately adjacent to the Land Swap parcel located east of SPA One and south of Eastlake Greens will be directed into existing drainage facilities within Eastlake Parkway. Response to XIlIf. The proposed roadway will not generate solid waste, and therefore will not result in the need for new systems or substantial alterations to solid waste disposal facilities. Page 57 Potentially Significant Impact Potentially Significant Unless Mitigated Less than Significant Impact N. Impact XIV. AESTHETICS. Would the proposol: a) Obstruct any scenic vista or view open to the public or will the proposal result in the creation of an aesthetically offensive site open to public view? b) Cause the destruction or modification of a scenic route? o o 181 o o o o 181 c) Have a demonstrable negative aesthetic effect? o o 181 o d) Create added light or glare sources that could increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.100 of the Chula Vista Municipal Code, Title 19? e) Result in an additional amount of spill light? o o o 181 o o 181 o Comments: Response to XlVa. Construction of the proposed roadway will result in short-term visual impacts due to landform alteration and grading operations. The Otay Ranch General Development Plan contains policies related to visual resources and landform modification which, if applied to construction for the entire length of the proposed roadway will reduce aesthetic impacts to a less than significant level. The construction and operation of the proposed roadway will not obstruct any scenic vista or view open to the public. Response to XIVb. The proposed project will not affect a scenic route. Response to XIV c. The proposed project will not create a demonstrable negative effect. Response to XIV d. The proposed project will result in the creation of a small amount of light and glare originating from lighting along the roadway and vehicles. However, the amount of light and glare introduced by this roadway will not significantly increase the level of light glow in the project area or cause the project to fail to comply with Chula Vista outdoor lighting requirements. Response to XIVe. The proposed project will not have a significant spill light impact in the project area. The project traverses several large, comprehensively planned communities. Each planned community document recognizes the future construction ofthe roadway and has been planned with proper setbacks and landscaping to address compatibility issues associated with the future roadway. While the project will involve road lighting and additional light will be generated by headlights, the impact to this issue is not considered significant. All project lighting must comply with lighting standards of Section 19.66.100 ofthe Chula Vista Municipal Code, Title 19. Page 58 Potentially Significant Impact Potenti.llllr Significant Unless Mitigated Less than Significant Impact No Impact AESTHETICS MITIGATION Sunbow No specific mitigation has been identified in the Sunbow ElR (88-1); however, the Sunbow General Development Plan Design Guidelines contain grading standards. Olay Ranch No specific mitigation has been identified in the SPA One EIR (95-0 I). SPA One guidelines to address grading, which are applicable to the proposed project include: · Protection of graded slopes through utilization of proper erosion control measures (i.e. hydroseeding for landscaping of slopes); · Landscaping and design guidelines for the construction of roads through the project; · The retention of significant landforms as much as possible; · Utilization of grading that simulates the natural topography so that once the landscaping matures, manufactured slopes are not discernible from natural areas; · Utilization of contour grading for all grading that occurs in canyons and on hillsides; · Utilization of proper native and naturalizing landscape techniques to blend graded slopes with natural open space areas; · The preservation of prominent topographic features whenever possible; utilization of varying slope heights; · The modulation oflong slopes; · The protection of natural features such as significant rock outcrops and trees (not applicable to SPA One); · Rounding of the tops and toes of slopes; · When slopes cannot be rounded, vegetation shall be used to alleviate sharp angular appearances; · When significant land forms are modified for project implementation, the land form should be rounded as much as possible to blend into the natural grade; · Manufacture slope faces over 25' shall be varied to avoid excessive "flat-planed" surfaces; · Grading shall be sensitive to significant and/or sensitive vegetation and habitat areas; · To complement landform grading, landform vegetation techniques will be utilized. As in a natural setting, major element of the landscape are concentrated largely in the concave "drainages," while convex portions are planted primarily with ground cover and minor materials. Page 59 Eastlake Potentially Significant Impact Potentially Significant Unles! Mitigated No Impacl Le!lsthan Significant Impact !::t~~¡;¡,~,~.., 0 s ,e,fific mitigation has been identified in the Eastlake Greens/Trails Re-Planning Program SElR ..1. Compliance with the SPA Plan Design Guidelines involving architectural and site design, lighting, fencing, circulation, and comprehensive grading and landscaping plans, among other techniques would reduce visual impacts to a less than significant level. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or sacred uses within the potential impact area? e) Is the area identified on the City's General Plan EIR as an area of high potential for archeological resources? o 181 o o o 181 o o o o o 181 o o o 181 o 181 o o Comments: A review of existing archaeological information was undertaken to establish the level of previous study with the Area of Potential Effect (APE) for the Olympic Parkway proposed alignment and associated borrow areas. Previous archaeological studies of projects within the area have included portions of the Olympic Parkway APE. These studies include "Otay Ranch Archaeological Survey" by RECON in 1989, "Otay Ranch Archaeological Survey: San Ysidro Mountains Parcel, Proctor Valley Parcel, Otay River Parcel" by RECON in 1990, "Draft Final Cultural Resources Evaluation of the 23,088-acre Otay Ranch" by Ogden in 1992, and "Results of an Archaeological Survey and the Evaluation of Cultural Resources at the Otay Ranch Sectional Planning Area One and Annexation Project" by Brian F. Smith and Associates in 1995. Within the project APE, where surveys have been completed, 11 archaeological sites have been recorded. Ten of these sites, SDI-4258, SDI-Il, 387H, SDI-12,466, SDI-13,867, SDI-13,868, SDI- 13,869, SDI-13,870, SDI-12,465, SDI-12,771H and SDI-13,865 have been tested and found to be not significant. Based on the information derived from various archaeological studies, the APE for the project will include 10 non-significant and one significant cultural resources. The significant site, SDI-13,872H is important under CEQA criteria for the information potential contained in the deposit of historic artifacts at the site. Destruction ofthe site during grading will be a significant adverse impact. The proposed roadway will not cause physical change which would affect unique ethnic or cultural values. No known religious or sacred uses currently take place on or immediately adjacent to the project site. Therefore, the proposed project will not restrict such uses. Page 60 Potenlially Significant Impact Potentially Significant Unless Mitigated Lessthon Significant Impact No Impact Cultural Resources Mitigation Discussion The proposed grading for Olympic Parkway will result in a direct adverse impact to SDI-13,872H. In order to reduce the impacts to a level below significant, measures must be implemented prior to grading to mitigate the adverse impacts. Ideally, the mitigation of impacts to significant cultural resources is always avoidance of the resource through project redesign. Because the alignment for the roadway is fixed, the only viable measure to mitigate the potential impacts to SDI-13,872H is the recovery of sufficient artifacts and mitigation from the significant deposit to exhaust the research potential of the site. Therefore, to mitigate the adverse direct impacts to SDI-13,872H, a data recovery program will be necessary. As a condition of approval for the road project, the mitigation of impacts to cultural resources should include a requirement for a data recovery program at SDI-13,872H. The requirement should include a statement that a research design should be prepared and submitted to the City of Chula Vista. This research design will serve as a guide for the excavations at the site and for the research effort needed to reduce the significance of impacts by exhausting the research potential of the site. Generally, the research design will include discussions of the general plan to recover data from the historic deposit, the quantity and locations of excavations, the types of field work needed to successfully recover data, the types of laboratory analyses to be conducted, preservation techniques for historic artifacts, and procedures to be implemented to conduct the field work and to deal with special situations that may arise, such as encountering foundations or other features. The research design will include the specific research questions or directions of research that will be applied to the information generated by the recovery effort. All of the information from the fieldwork, laboratory analysis, and research will be presented in a technical report to the City. The tasks ofthe research design are noted below: · Preparation of a research plan that explicitly provides research questions that can reasonably be expected to be addressed by excavation, or historic research and documentation, and subsequent analysis of collected data. · A statement of the types of data that can reasonably be expected to be recovered from the site or from historic research, or both, and how that information will be used to address the research orientation. · A step-by-step discussion of field, laboratory, and/or archival research methods to be employed. This will include the archaeological sampling strategy, or method of documentation in the case of historic sites, methods of excavation, specialized studies to be employed, laboratory techniques, and methods for the synthesis and interpretation of recovered data. · Provisions for the permanent curation of recovered artifacts, photographs, notes, documents, and other related materials must be clarified. A memorandum of agreement with an appropriate institution may be necessary to formalize the curation plan in accordance with state and local mandates. · Site-specific mitigation recommendations must be accompanied with a requirement that archaeological monitoring of all grading and excavations associated with the construction of the new roadway is necessary in order to identify any masked or buried cultural resources. Should previously undocumented cultural resources be encountered during the monitoring program, significance testing and mitigation of impacts to significant resources would be required as appropriate. Page 6/ XVI. PALEONTOLOGICAL RESOURCES. Will the proposal result in the alteration of or the destruction of paleontological resources? Potentially Potentially Significant Lesstban Signllicant Unless SJgnilicant Impact Mitigated Impact D 181 D N. Impacl D Comments: Sunbow The Sunbow General Development Plan area is underlain by both the San Diego fonnation and the Otay fonnation. Because there is a high possibility that paleontological resources will be encountered within these fonnations during earthwork activities, a potentially significant impact to paleontological resources is anticipated in this area. Otay Ranch The portion of the roadway and the borrow areas that traverses the SPA One area is underlain by the San Diego fonnation and the Otay fonnation, and therefore contains areas of high sensitivity and moderate sensitivity (i.e., there is a moderate possibility that this area contains paleontological resources). Impacts to paleontological resources may occur in this area if earthwork activities associated with roadway construction cut into geological deposits (fonnations) within which fossils are buried. Other impacts might include burial of a fossiliferous locality by fill operations or causal fossil collecting by amateur collectors. Because SPA One is underlain by areas of high and moderate sensitivity for paleontological resources, a significant impact to paleontological resources is anticipated. Eastlake The Otay Fonnation underlies the Eastlake"Land Swap" parcel which is traversed by the proposed roadway. This fonnation is considered to possess high sensitivity for paleontological resources. High sensitivity means there is a high possibility that the area contains paleontological resources within the geological fonnation. Areas ofthe Otay Fonnation may be exposed during grading and construction activities associated with the proposed project. Exposure of this fonnation would likely result in the unearthing of fossil remains. lfleft unprotected, the loss of these fossils would represent a significant impact. PALEONTOLOGICAL RESOURCES MITIGATION 1. Prior to approval of grading penn its, the applicant shall confinn to the City of Chula Vista that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques). The palaeontologist shall attend pre-grade meetings to consult with grading and excavation contractors. Page 62 Potentially Significant Impact P{ tentiaUy Significant Unless Mitigated Less than Significant Impact No Impact 2. A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic formations (i.e. San Diego and Otay formations) to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage offossil materials.) The paleontological monitor is defined as an individual wh has experience in the collection and salvage of fossil materials.) The paleontological monitor shall work under the direction of a qualified paleontologist The monitor shall be on-site on at least a half-time basis during the original cutting of previously undisturbed sediments of moderately sensitive geologic formations (i.e., unnamed river terrace deposits) to inspect cuts for contained fossils. 3. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. 4. Prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. XVII. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional 0 0 0 181 parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 181 c) Interfere with recreation parks & recreation plans or 0 0 0 181 programs? Comments: Response to XVIIa. The proposed project will not result in additional residential development and corresponding population and therefore would not increase the demand for neighborhood or regional parks or other recreational facilities. Response to XVlIb. The proposed project will not result in a population increase which would affect existing recreational opportunities. Response to XVlIc. The proposed project will in no way interfere with recreation parks and recreation plans or programs. xvm. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declarationfor mandatory findings of significance. If an EIR is needed, this section should be completed. Page 63 Potentially Potentially Significant Less than Significant Unless Significant No Impact Mitigated Impact Impact a) Does the project have the potential to degrade the D 181 D D quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples ofthe major periods or California history or prehistory? Comments: b) Does the project have the potential to achieve short- 0 0 0 181 term, to the disadvantage oflong-term, environmental goals? Comments: c) Does the project have impacts that are individually 0 0 0 181 limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Comments: d) Does the project have environmental effect which 0 0 0 181 will cause substantial adverse effects on human beings, either directly or indirectly? Comments: Page 64 XIX. PROJECT REVISIONS OR MITIGATION MEASURES: The mitigation measures listed in Attachment A have been incorporated into the project and will be implemented during the design, construction or operation of the project. XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Applicant(s) and/or Operator(s) stipulate that they have each read, understood and have their respective company's authority to and do agree to the mitigation measures contained herein, and will implement same to the satisfaction of the Environmental Review Coordinator. Failure to sign the line(s) provided below prior to posting of this [Mitigated] Negative Declaration with the County Clerk shall indicate the Applicants' and/or Operator's desire that the Project be held in abeyance without approval and that Applicant(s) and/or Operator(s) shall apply for an Environmental Impact Report. t!J.l/!P11f}',f' ~~?,øø::. ¿lTr Cl'¥rlfflilEfl- Printed Name and Title of Authorized Representative of [Property Owner's Name] :Yrb9 Si re of Authorized Representative of [Property Owner's Name] Date Printed Name and Title of [Operator if different from Property Owner] Signatnre of Authorized Representative of [Operator if different from Property Owner] Date XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. 0 Land Use and Planning 0 Transportation/Circulation 0 Public Services 0 Population and Housing 181 Biological Resources 0 Utilities and Service Systems 181 Geophysical 0 Energy and Mineral Resources 181 Aesthetics 181 Water 0 Hazards 181 Cultural Resources 181 Air Quality 181 Noise 0 Recreation 181 Mandatory Findings of Significance Page 65 xxn. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the 0 environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the 181 environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DEe LARA TlON will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but 0 at least one effect: I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impacts" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the 0 environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. s{2~~:./ 2/f;L/ q'l Date Douglas D. Reid Environmental Review Coordinator City of Chula Vista Page 66 ATTACHMENT A Mitigation Measures ATTACHMENT A MITIGATION MEASURES GEOPHYSICAL MITIGATION L The recommendations contained in the "Preliminary Geotechnical Evaluation Olympic Parkway Feasibility Study" shall be implemented as part of project grading and construction. As identified in the Preliminary Geotechnical Evaluation a comprehensive subsurface evaluation, including development-specific subsurface exploration and laboratory testing is recommended to be performed to aid design and construction of future roadway improvements. The purpose of the subsurface evaluation is to assess subsurface geotechnical conditions and to provide specific data regarding potential geotechnical hazards and constraints, as well as information pertaining to the engineering characteristics of underlying earth materials. From these data, specific geotechnical recommendations for grading/earthwork, slope stability, surface and subsurface drainage, pavement design, drainage and other geotechnical design considerations can be prepared. The following identifies the preliminary geotechnical recommendations to address alluvium, landslides, slope stability, Excavatability, groundwater, liquefaction and dynamic settlement, soil corrosivity and expansive soiL Alluvium - The majority of the proposed alignment is underlain by significant depths of compressible and liquefaction-susceptible alluvium. Feasible earthwork options include removal and recompaction of compressible alluvium, dewatering as needed, and removal recompaction down to the water table. Surcharge the remaining saturated alluvial section to achieve stable density for roadway support and minimal liquefaction potential. Detailed geotechnical sampling and testing will be required to model surcharge effectiveness, particularly the imposed load/settlement-time relationships. Landslides - Further investigation of the landslide features mapped and possible features identified from aerial photographs/topography needs to be performed to evaluate the potential for slope failures adjacent to the proposed alignment. Some of these features may require stabilization or removal during grading. In some cases, possible landslides identified in geotechnical studies of the area may not represent a landslide hazard. Slope Stability - In general, cuts in the granular formational materials should be grossly stable at gradients of2:1 (horizontal to vertical). Considerable erosion and gullies were observed on the newly cut slopes located on the south side of Poggi Canyon in the Sunbow development. Planting these slopes should help reduce surficial stability and erosion problems. Grading plans for the canyon roadway have not been finalized. Cut and fill slopes descending into the canyon shall be evaluated for gross and surficial stability. Excavatability - Alluvial materials found in Poggi Canyon should be excavatable with conventional grading equipment Formational materials in the eastern area of the project will likely contain scattered concretionary materials which could require local heavy ripping. Special handling of the oversize material in the fill will probably be required. Groundwater - Canyon areas to receive fill should have subdrains installed to reduce and control potential future seepage out of the slopes. Where fill embankments are planned for Olympic Parkway Initial Study A-I City ofChula Vista February 1999 '-"'~~'-"~--'-'--'-~-"._, '-'-'--'-- .-... . . ..._,._------- both the planned parkway and the Poggi Creek drainage, consideration should be given to installing a subdrain at the base of the alluvial removals and prior to fill placement. Dewatering may be required as part of the remediation ofthe underlying alluvium. Liquefaction and Dynamic Settlement - Subsurface exploration and associated laboratory testing shall be performed during the design phase of the roadway to evaluate the liquefaction and dynamic settlement potential of on-site soils. It is possible that liquefaction will have limited impact on the planned parkway. Under these circumstances, consideration can be give to reading minor damage to roadways rather than totally mitigation against any potential movement. Ifliquefaction of underlying soils is found to be a significant problem, mitigation of already graded area could include stone piles, compaction grouting or other ground modification techniques. Soil Corrosivity - Soils within the alignment have been identified as corrosive with respect to both ferrous metals and concrete. Further testing shall be performed to determine the extent of the corrosive materials so that improvements can be designed accordingly. Expansive Soil- Soils exhibiting expansive characteristics are present within the formational materials, residuaVcolluvial soils and alluvium. Expansive soils also have generally poor engineering characteristics. Selective grading shall be performed to prevent these materials from being placed within 5 feet of the final grade of the proposed roadway. rf expansive soils are exposed in cut portions of the roadway, these materials should be under cut 5 feet and replaced with non-expansive materials. WATER MITIGATION Sunbow The Sunbow EIR (88-1) identifies the project's increase in impervious surfaces from development including roadway construction will result in increased runoff Flow contributions may impact facilities associated with the Telegraph and Poggi Canyon basins, requiring upgrading as mitigation. Water quality impacts are also identified with the proposed project urban development and associated urban pollutants. Implementation of measures contained in Sunbow ErR 88-01, as well as standard City grading and construction procedures/requirements would mitigate project drainage and water quality impacts to a level less than significant. Otay Ranch As identified in the SPA One ErR, potentially significant water resources impacts resulting ITom development in the project area can be reduced to a less than significant level through the use of Best Management Practices and through the implementation of mitigation measures. Mitigation measures identified in the SPA One ErR include the following: 1. Prior to the issuance of grading permits and during grading the applicant shall comply with all applicable regulations established by the United States Environmental Protection Agency as set forth in the National Pollutant Discharge Elimination System (NPDES) permit requirements for urban runoff and stormwater drainage and any regulations adopted by the City ofChula Vista pursuant thereto. The City ofChula Vista and County of San Diego have Olympic Parkway Initial Study A-2 City ofChula Vista February 1999 a Municipal Permit from the State Regional Water Quality Control Board (RWQCB) for stormwater discharge. In order to be covered under NPDES Municipal Permit No. CA 0108758, the proposed developed area will be required to mitigate impacts to stornIwater quality. In addition, RWQCB has issued one general permit that applies to construction activity. In order to be covered under the Construction General Permit, a Notice of Intent (NOI) must be filed with RWQCB. Compliance with the Permit requires that a stormwater pollution plan be prepared and implemented for the project. Best management practices, design, treatment, and monitoring for stormwater quality must be addressed with respect to Municipal and Construction Permits. Eastlake 4.4.4. I Hydroseeding and landscaping of any cut/fill slopes disturbed or built during the construction phase of (the Eastlake Trails project) with appropriate ground cover vegetation would be performed within 30 days of completion of grading activities. 4.4.4.2 Areas of native vegetation or adjoining slopes to be avoided during grading activities would be delineated to minimize disturbance to existing vegetation and slopes. 4.4.4.3 Artificial ground cover, hay bales, and catch basins to retard the rate of runoff from manufactured slopes would be installed if grading occurs during wet weather season (November I through April I ). 4.4.4.4 Fine particulates in geologic materials used to construct the surficial layers of manufactured slopes would not be specific unless a suitable alternative is not available. 4.4.4.5 Temporary sedimentation and desilting basins between graded areas and streams would be provided during grading. 4.4.4.6 Detention basins, effective for very large drainage areas. These are essentially ponds with controlled release rates to minimize downstream effects. Some pollutants can settle during storage and improve the quality of water released. 4.4.4.7 Infiltration basins, designed to hold runoff and allow percolation into the ground. These basins need adequate storage volume and good permeability of the underlying soils. 4.4.4.8 Infiltration trenches and dry wells, holes, or trenches filled with aggregate and then covered. Dry wells are typically used for runoff from roofs; infiltration trenches typically serve larger areas, such as streets and parking lots in commercial areas. Both are best suited for areas with permeable soils and a sufficiently low water table or bedrock. 4.4.4.9 Porous pavement such a lattice pavers or porous asphalt. These may be used to replace large areas of paving that are not subject to heavy traffic. 4.4.4. I 0 Vegetative controls. Plant materials which intercept rainfall and filter pollutants and absorb nutrients. Olympic Parkway Initial Study A-3 City ofChula Vista February 1999 4.4.4.11 Grassed swales, shallow grass-covered channels used in place of a buried storm drain. This type of vegetative control is most applicable to residential areas. AIR QUALITY Sunbow Mitigation Measures identified in the Sunbow ErR (88-1), subject to City approval are: · Use of watering or other dust palliatives to reduce fugitive dust; emissions reductions of about 50 percent can be realized by implementation of these measures. · Hydroseeding, landscaping, or developing of disturbed areas as soon as possible to reduce dust generation. · Proper covering of trucks hauling fill material. · Enforcement of a 20 mile-per-hour speed limit on unpaved surfaces. · Use of heavy-duty construction equipment that is equipped with modified combustion/fuel injection systems for emission controL Otay Ranch Mitigation Measures identified in the Otay Ranch SPA One ErR (95-01), to reduce construction emissions are: · Minimize simultaneous operation of multiple construction equipment units (i.e., phase construction to minimize impacts). · Use low pollutant-emitting construction equipment. · Use electrical construction equipment as practicaL · Use catalytic reduction for gasoline-powered equipment. · Use injection timing retard for diesel-powered equipment. · Water the construction area twice daily to minimize fugitive dust. · Stabilize (for example, hydro seed) graded areas as quickly as possible to minimize fugitive dust · Pave permanent roads as quickly as possible to minimize dust. Eastlake Mitigation Measures identified in the Eastlake Greens/Trails Re-Planning Program SErR to reduce construction emissions are: I. All unpaved construction areas shall be sprinkled with water or other acceptable San Diego APCD dust control agents during dust -generating activities to reduce dust emissions. Additional watering or acceptable APCD dust control agents shall be applied during dry weather or windy days until dust emissions are not visible. Emissions reductions of about 50 percent can be realized by implementation of these measures. 2. Trucks hauling dirt and debris should be properly covered to reduce windblown dust and spills. Olympic Parkway Initial Study A-4 City ofChula Vista February 1999 ----~--_.._,-_..._- 3. Enforce a 20-mile-per-hour speed limit on unpaved surfaces. 4. On dry days, dirt and debris spilled onto paved surfaces shall be swept up immediately to reduce resuspension of particulate matter caused by vehicle movement. Approach routes to construction sites shall be cleaned daily of construction-related dirt in dry weather. 5. On-site stockpiles of excavated material shall be covered or watered. 6. Disturbed area shall be hydroseeded, landscaped, or developed as quickly as possible and as directed by the City to reduce dust generation. 7. Use low pollutant-emitting construction equipment. 8. Heavy-duty construction equipment with modified combustion/fuel injection systems for emissions control shall be utilized during grading and construction activities. 9. Equip construction equipment with prechamber diesel engines (or equivalent) together with proper maintenance and operation to reduce emissions of nitrogen oxide to the extent available and feasible. 10. Use electrical construction equipment, to the extent feasible. II. Use catalytic reduction for gasoline-powered equipment. 12. The simultaneous operations of multiple construction equipment units shall be minimized (i.e., phase construction to minimize impacts). BIOLOGICAL RESOURCES Sunbow Mitigation for the Sunbow portion of the Olympic Parkway alignment is completed and is not part of the proposed project. A wetland mitigation plan has been prepared, is approved by the Resource Agencies, and is currently being implemented within the Sunbow property. A mitigation plan that addresses upland impacts for the portion of Olympic Parkway that traverses the Sunbow alignment has been approved as well and no further mitigation related to the construction of Olympic Parkway within the Sunbow property is required. Otay Ranch Mitigation measures identified in the SPA One EIR are summarized below and will be implemented through the Mitigation Monitoring and Reporting Program for SPA One: . Because a majority of the impacts to biological resources resulting from the grading and construction of the roadway and Borrow Area (1) occur within Otay Ranch properties, significant impacts to biological resources would be mitigated through adherence to the requirements ofthe Otay Ranch Resource Management Plan (RMP) (Phases I and 2), and the San Diego Multiple Species Conservation Program (MSCP). The Phase 2 RMP establishes a series of standards for Olympic Parkway Initial Study A-5 City of Chula Vista February 1999 preservation of species and habitats to be applied project-wide for Otay Ranch and provides for the preservation of regionally significant wildlife corridors. · Components of the Phase 2 RMP relevant to impacts to biological resources associated with construction of the proposed roadway include the Coastal Sage Scrub Restoration Master Plan and Restoration Analysis and the Biota Monitoring Program. These Phase 2 RMP components are intended to mitigate direct impacts from development of the entire Otay Ranch (with the exception of direct unavoidable impacts to the coastal California gnatcatcher, cactus wren). The San Diego Multiple Species Conservation Program (MSCP) was approved by the City of San Diego in March 1997 and by the County of San Diego in October 1997 with approval by the City ofChula Vista expected in 1999. The MSCP defines a Multiple Habitat Planning Area (MHPA) within which an open space preserve is ultimately to be assembled, primarily for he conservation of biological resources within southwestern San Diego County. Open space planned within Otay Ranch is considered by the wildlife agencies to be an integral component of the MHP A and, as part of the planning effort for the MSCP, the wildlife agencies and Otay Ranch landowner(s) conducted negotiations to determine the appropriate configuration of open space on Otay Ranch to achieve consistency with the goals of the MSCP. Those negotiations concluded with an agreement executed by the wildlife agencies on February 22, 1996. The agreement resulted in changes in the Otay Ranch preserve configuration from that delineated in the Otay Ranch GDP approved on October 23, 1993. The agreement allows the "take" of habitat in Poggi Canyon (Olympic Parkway alignment) in exchange for open space in the Proctor Valley and San Y sidra Mountain parcels. Wetland Permits · Impacts to Waters of the U.S. such as those located within portions of Poggi Canyon, will require a permit from the U.S. Army Corps of Engineers for the discharge of dredged or fill material pursuant to Section 404 of the federal Clean Water Act Water Quality Certification (pursuant to Section 401 of the federal Clean Water Act) will also be necessary from the California Water Quality Control Board. Additionally, under the California Department of Fish and Game Code Section 1600, any obstruction, diversion, or alteration to any stream, streambed, adjacent riparian habitat, and sometime contiguous upland habitat requires an agreement with the California Department ofFish and Game. Impacts occurring within the project area will require a 1603 agreement. Wetland Miti!!3tion · Wetland impacts will be mitigated through the creation of wetland habitat within the new, larger drainage to be located on the north side of Olympic Parkway. A conceptual wetland mitigation plan has been prepared for the proposed project, and is included as part of the U.S. Army Corps of Engineers Section 404 Permit. The proposed wetland mitigation site occurs adjacent to Olympic Parkway within the reconstructed Poggi Canyon channel. As proposed, the 7.91 acres of jurisdictional waters will be off-set by the creation of9.28 acres of wetlands. The goal ofthe revegetation effort is to create a multi-layered willow riparian woodland and mulefat scrubland with freshwater marsh habitat components interspersed with willow woodlands along the central core of the reconstructed Poggi Canyon channel. The mitigation proposed excludes all hard structures, roadway crossings, maintenance areas, and utility alignments crossing the channel, although these areas are expected to develop similar wetland functions and values between period of maintenance and would contribute to the overall function of the system. Table 2 Olympic Parkway Initial Study A-6 City ofChula Vista February 1999 depicts the impact acreage and proposed wetland mitigation for the project Appendix A depicts a typical section of the mitigation concept. Overall, the mitigation lands are expected to provide greater functions and values than most of the existing wetlands within the project site. Eastlake No wetland or upland mitigation is necessary as this portion ofthe alignment is void of jurisdictional wetlands and sensitive upland habitat. NOISE Sunbow No specific noise mitigation measures are identified; Sunbow EIR (88-1) identifies, "specific measures to be identified in future implementation stages." Otay Ranch 1. During construction and grading the following measures shall be complied with: 1) Grading and construction shall be limited to Monday through Saturday between the hours of7a.m. and 5p.m. 2) All grading and construction equipment shall be equipped and maintained with effective muffler systems, subject to the approval of the City Engineer. Muffler systems shall conform to the Environmental Protection Agency's Noise Control Program (Part 204 of TitIe 40, Code of Federal Regulations). 3) Construction equipment shall be located as far away from existing residential uses as practical. . Noise barriers shall be provided where residential unmitigated noise levels will exceed 65 dBA CNEL/Ldn. This barrier shall be a minimum 6 foot high solid barrier placed at minimum setback line where possible. The barrier can be a 6' masonry wall, 6' earthen berm, or other suitable material to provide noise attenuation (i.e.,plexiglass). Landscaping shall be utilized on or adjacent to the wall as determined to be appropriate by the Planning Department to minimize visual impacts of the wall. . Prepare a site specific noise study prior to construction to determine the potential impacts of the roadway adjacent uses. Long term mitigation will take place in the form of noise barriers on site. Eastlake No short-term construction noise mitigation measures were identified. Long term mitigation will take place in the form of noise barriers on site, as well as construction of homes with noise attenuating materials to achieve an interior 45dB(A). Olympic Parkway Initial Study A-7 City of Chula Vista February 1999 AESTHETIC Sun bow No specific mitigation has been identified in the Sunbow EIR (88-1); however, the Sunbow General Development Plan Design Guidelines contain grading standards. Otay Ranch No specific mitigation has been identified in the SPA One EIR (95-01). SPA One guidelines to address grading, which are applicable to the proposed project include: · Protection of graded slopes through utilization of proper erosion control measures (i.e. hydroseeding for landscaping of slopes); · Landscaping and design guidelines for the construction of roads through the project; · The retention of significant landforms as much as possible; · Utilization of grading that simulates the natural topography so that once the landscaping matures, manufactured slopes are not discernible from natural areas; · Utilization of contour grading for all grading that occurs in canyons and on hillsides; · Utilization of proper native and naturalizing landscape techniques to blend graded slopes with natural open space areas; · The preservation of prominent topographic features whenever possible; utilization of varying slope heights; · The modulation of long slopes; · The protection of natural features such as significant rock outcrops and trees (not applicable to SPA One); · Rounding of the tops and toes of slopes; · When slopes cannot be rounded, vegetation shall be used to alleviate sharp angular appearances; · When significant land forms are modified for project implementation, the land form should be rounded as much as possible to blend into the natural grade; · Manufacture slope faces over 25' shall be varied to avoid excessive "flat-planed" surfaces; · Grading shall be sensitive to significant and/or sensitive vegetation and habitat areas; Olympic Parkway Initial Study A-8 City ofChula Vista February 1999 · To complement landform grading, landform vegetation techniques will be utilized. As in a natural setting, major element of the landscape are concentrated largely in the concave "drainages," while convex portions are planted primarily with ground cover and minor materials. Eastlake J::W.~¡:ific mitigation has been identified in the Eastlake Greens/Trails Re-Planning Program SEIR _. Compliance with the SPA Plan Design Guidelines involving architectural and site design, lighting, fencing, circulation, and comprehensive grading and landscaping plans, among other techniques would reduce visual impacts to a less than significant level. CULTURAL RESOURCES Cultural Resources Mitigation Discussion The proposed grading for Olympic Parkway will result in a direct adverse impact to SOl-13,872H. In order to reduce the impacts to a level below significant, measures must be implemented prior to grading to mitigate the adverse impacts. Ideally, the mitigation of impacts to significant cultural resources is always avoidance of the resource through project redesign. Because the alignment for the roadway is fixed, the only viable measure to mitigate the potential impacts to SDI-13,872H is the recovery of sufficient artifacts and mitigation ÍÌom the significant deposit to exhaust the research potential of the site. Therefore, to mitigate the adverse direct impacts to SOl-13,872H, a data recovery program will be necessary. As a condition of approval for the road project, the mitigation of impacts to cultural resources should include a requirement for a data recovery program at SOl -13,872H. The requirement should include a statement that a research design should be prepared and submitted to the City of Chula Vista. This research design will serve as a guide for the excavations at the site and for the research effort needed to reduce the significance of impacts by exhausting the research potential ofthe site. Generally, the research design will include discussions of the general plan to recover data ÍÌom the historic deposit, the quantity and locations of excavations, the types of field work needed to successfully recover data, the types of laboratory analyses to be conducted, preservation techniques for historic artifacts, and procedures to be implemented to conduct the field work and to deal with special situations that may arise, such as encountering foundations or other features. The research design will include the specific research questions or directions of research that will be applied to the information generated by the recovery effort. All of the information ÍÌom the fieldwork, laboratory analysis, and research will be presented in a technical report to the City. The tasks of the research design are noted below: · Preparation of a research plan that explicitly provides research questions that can reasonably be expected to be addressed by excavation, or historic research and documentation, and subsequent analysis of collected data. · A statement of the types of data that can reasonably be expected to be recovered ÍÌom the site or ÍÌom historic research, or both, and how that information will be used to address the research orientation. · A step-by-step discussion of field, laboratory, and/or archival research methods to be employed. This will include the archaeological sampling strategy, or method of documentation in the case Olympic Parkway InffialStuaY A-9 City ofChula Vista February 1999 of historic shes, methods of excavation, specialized studies to be employed, laboratory techniques, and methods for the synthesis and interpretation of recovered data. . Provisions for the permanent curation of recovered artifacts, photographs, notes, documents, and other related materials must be clarified. A memorandum of agreement with an appropriate institution may be necessary to formalize the curation plan in accordance with state and local mandates. . Site-specific mitigation recommendations must be accompanied with a requirement that archaeological monitoring of all grading and excavations associated with the construction of the new roadway is necessary in order to identify any masked or buried cultural resources. Should previously undocumented cultural resources be encountered during the monitoring program, significance testing and mitigation of impacts to significant resources would be required as appropriate. PALEONTOLOGICAL RESOURCES 1. Prior to approval of grading permits, the applicant shall confirm to the City of Chula Vista that a qualified paleontologist has been retained to carry out an appropriate mitigation program. (A qualified paleontologist is defined as an individual with an M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques). The palaeontologist shall attend pre-grad meetings to consult with grading and excavation contractors. 2. A paleontological monitor shall be on-site at all times during the original cutting of previously undisturbed sediments of highly sensitive geologic formations (i.e. San Diego and Otay formations) to inspect cuts for contained fossils. (A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.) The paleontological monitor is defined as an individual wh has experience in the collection and salvage offossil materials.) The paleontological monitor shall work under the direction of a qualified paleontologist The monitor shall be on-site on at least a half-time basis during the original cutting of previously undisturbed sediments of moderately sensitive geologic formations (i.e., unnamed river terrace deposits) to inspect cuts for contained fossils. 3. When fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. 4. Prepared fossils along with copies of all pertinent field notes, photos, and maps shall be deposited in a scientific institution with paleontological collections such as the San Diego Natural History Museum. A final summary report shall be completed which outlines the results of the mitigation program. This report shall include discussions of the methods used, stratigraphy exposed, fossils collected, and significance of recovered fossils. Olympic Parkway Initial Study A-IO City ofChula Vista February 1999 ATTACHMENTB Biology Exhibits Wetland Planting Section ~ ::> ..:, N , ... '" .. < < ::E I < i z 2; I AVAUlHVd :UdWA'O E g ~ I ~ ~ I . ~ M l I g ~ ~ t !----~~;:.:.;;;~~-~~~~~~~~---------: [J ~ ~ I " ~ ~ " C :J ~ !;! ~ _ M ~ ~ ~ 9 ~ w < >_ <J ::¡ ~ {-cRPI ð ~ ~ ~ ~ ¡;; z !1 w ~ Z ~ ¡¡; ~ ~ 0 u !1 .. z < 5:S ¡;¡ U ~ 8 ¡;; ó3 i1! 0 W~ ! 0 ~ z ::¡!1 ~ :> 0 0_ 0 ¡¡; ~ ::¡ ffi!; os ~ ::¡ ~~ 1'1 ~ ¡;; i2 Q:9 . Q 0 -<J i :s ~ i2 8 ð z ~ 0 ~ ~i ::¡ B ~ !1 ~ ~ ~L ª t! ~ 1i >< ~ 1\1 Ie ~ ~ ! :!! UI :; ¡;¡ 1/1 ....... . - . 800 N ,.8 1 I 0: ~ ~ ~:; 3~ !!~ ~~ ~ is ¡;; :; >< ~ ~ 2 § >< ~ .. . ! o 1'1 Q(!;)Q ~ o ::¡ ::!~ ~- ~~ :>w ~Q 2=: < is ¡¡; ~ ~ ~ ~ ~ ~ 00 ..; .!5 .. !< " .~ ~ -.: 'ti ~ ~ ~ ~ = .~ ~ "CI ã ï fIJ ... Q i is: I i is: u .. .. 01 I '5 .. c. Þ ~ :.. O':J\)[',_r'J;,,'JW :'.1.-.-, .. 0 _. _~ i'''' n ~ ','; ~ . .. " ,,-~z~·~~ t .. h'll IL ;; :'¡ J1 . c;, , i""'III ~ H~LA · · , ê1¡ · '¡ 'I ;:; ~(~ o ~')¡ ... : q' , t· 'if A s ¡; ªz~ n " · ~ ~~~ ()~z · S ~ z · " < · · · · o r -< s: "lJ (") "lJ » ;:0 ^ ::;;: » -< \ ----- .- ----- ----~~ .-' " -4:~~,,_,-'-;--~ · · n · -'. · · · < - · - " : · ~ 0 ~ ~ - · õ \ \ \ 8 , ·f Ë ~ · · ê · š 0 ~ ! ¡a" [ R <'I". III ¡..;~ · . · , r · · 9 ¡ ~ · . ~ ~ ~ ~ ~ ~ ~ . . ~ ! , ¡ ¡ 0 ~ ~ · · · · 2 . 1 Ç) ;:0 » o z Ç) "lJ r » z ____......\ \ '" -; ...··"'i ---;.-¡. " ,~ ",,"I..\_,~...Mf:¡¡¡._1 \, .\ -"~~¿~~?n\' .' '. <\ ..-.--.." J. ~ ~., .' \, ~,,,T-,", I \,¡ j t\~ I ' !'d r !.II _ //'11 i _1'\ I ! ¡ ,.} , ~ '_(,~\ i>/""- \Ó'1j " '" -,I '-...>i -~~... '~.- ~, .', ., '. "', .'"', ,"')' \ ,:;. ) .......I.:.~~.:,;..~ )/ 'I i\ I; ( ì(~ ~, ~.. - -."'.'."."') ., I c.; :.¡o;.";' .,', ,. ,~,'c. ,--,P·:'."'.-,.-' C' I -¡I .--. -----. ..-.' '\ \ \ -, , . o~(") rÇ- -(z'""' s:~-( ~ , ,~ J ~ 'tJ~ ~ ~ ~ , ~~ ~~ Õ~O "" ,'.'. .." ;;t '~~ 'Ii ,,'" r -: ',' . \ 'tJ~ S ~ ~ ~ . S . i 5:i£() i ~ I ~ . ~~ . ¡ " . ¡ ^¡;I ~ c i " ~ ~ < g "'_C ; ~ z ~ j ~ pÔ' ~~ 8 ~ ~ . " ~ ~ -(0" ~ . ç z ~ < g ~ ª ~ " ~ .~ .. z ~ < , t ~ ~ ~z 0 ~ ~ ~ ;; § ~ :0; ^, ~ " < ~ . ~ (!] " ð " c " g . .¡. . . " '""' ~~ ~ ~ ~ + " ~ . ~ 0 ~~ . ~ ~ ¡ . 0 z ". ~ " ~~ 0 " 0 0 ~ .~ § ~ ~ ~~ c '""' " . 0 " 20 .. '"" " . C> CO " '"" ~ 0 "" II ~ f'l ~ + > o ;,'Z ~ 0 ~ ;:i ::~ 0 " - '~fT1 ~ 8 -. AI 0 z 0 ~ . "C Z "1'1 ~ i ~ c'O . ", 0',<.:,[" r,)~,'J~' 1''¡·-··-' ¥fh "H~ I ~; gill !I. .,. J:' 8. ~f~~-(""IIIIII ~ H:lA ~ ;, ~ll ~ ~HI ::.: ... ~ o f: ~ Hi!" s ~ () " ~z~ " · ~ ~~~ S~~ · z · < · o z · o r -< s: "lJ o "lJ » ;:0 ^ :::;: » -< ....: '. ';', \, -¡ --!4-~ ' ~ , \ ',' -+--,~ .., ' ..,¿~~:':tlÚ :,--V \T\ '". '~ \I'! ¡ 'jf i" Ir!C'.¡---, .' ! ;k/~:"', \\:~.,'>,-{J v '-. ',1" <' '" ,I ".>' \ ----- ----- ---- " --(~~.._-'-,-..;~, · " · " · · · · · - 0 " " : · ~ 0 ~ ~ - · õ \ \ \ 8 , .{ Ë ~ · à · · Ii ~ ! ¡a 0 [ R n". III ¡.. .. ~ .. . · , · r · õ 9 ¡ i · . : ~ · " · r ~ " ~ ; 0 · 2 < ¡ ¡ 0 · · ~ : · · · , , i Ç) ;:0 » o z Ç) "lJ r » z -~~~. .,~""'" ~. ., '. .. " ~ ,,' ,:,>, > ~ -,) '~ . ,. '" .' .,........ ~;,;.:.-.~.:...:;...' - -.----..""") ., I C,I -<I ~.;.' ------ ..-., \ o~n ,ç- ~z'"" ;::~~ lJ~ ~ ~ ® ,~ , ~~~~ ,~ J ~ _ 0 "" (")~o ~ 'II! ¡;¡, õ'''' ~~.. 'i y .- ',' ~ \ lJ~ ~£() "0 i ~ . ~ ~ · ª ~ . 0 . g ~~ · ~ ;1 " i · i ^i';I 0 i " < ~ ~ < 0 ::¿_C . ~ . ~ ! ~ " »~r ~~ ª a ~ ~ a ~ " ~ ¡ ~o:Þ ~ . ~ . . ¡ · ~ · .~ ~; ~ . , · ª r ~ · · ~ < ~ ~ ,; 0 0 · " § ¡¡ ~ " · ~ . ~ (f) .. ð " 0 < ~ · ..,. '"" ~~ ~ . · N ~ i + :Þ 0 i i ~~ · ~ 0 ~ ß 0 z <. 0 " o~ ~ '" 0 0 ~ .~ ~ ~ -< ~ ~~ 0 0 '" · " 20 .. V' 0 . ~ " V' ~ ~ 0 + > ~ 0 ~ <:J " ~ 0 % 0 ~ t i . -- 0 "0 z :Þ, ~ ----_.~--_..__.._----- :·g'~'("~r·)~.'Jw "'¡-':, ~'5'¡- I¥H ~ ;f~ ": i~11 ~ ~- q~ ¡ iip , ¡ if , · · · ~ §z~ ~~~ ~ ~~ ~ o -< z £ 133HS 3Nil H:Jl'lf \ \ \-;- '\,. \'. -- n ~ < < r',~: '; ,.,', 1:;£"1-, I"t \ , ~; o z < . --..--.--- J~G'~'Q~~~'~( i ~i ~ ~ · À I ~ ~ g 5 S ~ ¡ ~~ ~ . I j ~ i ~ ! i ~ 8 ~ i~ ~ ª % ~ ¥ . ~ ~ ~ i ~ ~ ~'\ z ¡ II::~ ~ ~ !t! i ~ .... ~ ~ %0 ~ )o.;!J61':2 ~~ ~.., .... ~ i'; ~ ¡:.¡.... ~ ~ !~ i I Iii .~ ~ ~ ~ ~ to H . 8 C/) c " z · CD · 0 z n · · ~ · ~ o n . . ~ 0 ;:0 » 0 z 0· -¡¡ r » z I .. 0 r -< I ;;:: I -¡¡ 0 » ;:0 ^ :;;: » -< ( \ [ ~ 0 g 8 , z ~ ~ · . o ~ í ~:¡>: III ¡.,;, ... ê , ': r i 9 ~: 1 I' ~ . < . f ~ . f ~~ ~ ~ ..-'J (II ; 5~. ~ ~ ~ ~ '1 ê z § ~: 8,» ~8~ ~:;~ ~~~ ~'~ : i E ~ < ï I I o~n r<;:- -{z-i ;::v>-{ ,,~ _0 (")~o 'r-" <J~ ?D£n ^¡;I "'_c »~r -{ >- ~ I ,,; (l' UJ (l' --< + >- 0 M 0 Z " 0 z 0 ~ ~ ~ -i ~ 0 z " CJJ 0 0 M ~ + >- ~ 0 ~ 0 " M 0 Z 0 ~ r I ~ ~ , . ?900.QS.d.. IIH9 ~23~' Pi n .q~ O¡ii; H!.II · <I j~ ~ ,~ ! ~ =. ;:. ~·I : : í/·II< ~ §i ~ o ...,1 ,~ : ;;:f t Ë~ ~J · " · 8~O..+ 0. 0. ·g,.~"'A TC ¡, ~.h...¡ . ." ·.S.'itl£1"'·:'/ -, ,. , ----.ð '«( . '.. '" " ',. ~, . :.,\;,\ Î ',t} /'{¡ ,:....\.... I , I (7 r', '''- ~~\- "" 1\'" ('_~iI{, , · " " ~ ªô~ , I~~ o · · " · z n · · · : -- G) ;U þ 0 ---- Z ",,-- " " ~ G) "- 0 · \ . \ \ 0 "D \ ~ r g Þ Z · 0 ! ! r · -< s:: · "D í (") c zoo · "D ¡'''. i";~ Þ . ~ j ;U , ^ i ( ~ 0 " -< !: ~ I ~ 2 ¡ i !: · 0 · · · --1,,"1 ~ · f \ ~ ~ O~Q 'z-< -<",-< ;:::~ J1\Jo () ." .,,~ »!ij(") ~~I <_c <Z, »"» -<0 " I -. co o + o o o o -< o ~ ~ z ~ ~ ~ z " o ~ ~ > ~ " ~ z ~ õ ~ z o ~ ~ >.. ~o ~~ ~~ .~ ¡t.' ~; > ~ ~~ ~~ "> "~ .~ ~~ .~ . 8 ~G.~::.~~:G~i¡~~~~J\ ~ '''', ;~, <. S,' ~ ~ ::'1 ',., " 8 < . ~ ~ Æ 2j~~:þ>~¡~~o ~~i~~æ~~~j~~ ~~8~j~~~i~~~ ç~~~.~~;~ ~~ · "!j':¡ ¡' ~" ~ ~ . $ U1 -< » o (J> + o o o o !>zm~ Z~~!o>:o:JZ !.n CI 0 t1> œ p ~~gc;5go"""'¡ U! UI. .;; vi p Sj 88&I»~Þr ~ .... '.., - [ I; I .~----.-.. 9900 (I}6.d"Q ll'¡)~ 3:'7:·,. H~" ;:~On ~! : ,d u r ': 'ii, ¡ II t ">::11 I. ¿ t~ ~~ ~ ~~, ~ ~ õ "1~J · '. '5 ;'. ~ --:- ~. · :j !I :::: ~¡¡o 1 10 ;·-t .. ,. ,; ~ ~. o. ..~' ~ of;' t. ::§ ~;r [ ì ¡ l I · · · · < f ~~:- III ¡.. ; ~ n¡ :: ; J ~ i f :: : . a ¡ r · " " " ~ · ~ · iz~ ~~~ ª~~ G") ;u » o z G") -0 r » z o r -< $: -0 () -0 » ;u ^ ~ » -< . A ~~s ~(J -< ,,~ -<;:0 () .., ,,~ 5õ~() ^¡;I ::¡;_c »~r -< » 1;1 I ,,; ~ (j) 0 -i ~ » + ~ 0 z !=' C> 0 Z ~ ~ 0 ~ ~ -i Z 0 C> c ~ '" ~ .. 0 ~ + ~ '" 0 ~ !=' % ~ 0 0 [ J . p ~ J ~ · o · · " ~ · " · · · · · ~ 8 !f ê z~~oo~ j~~~Z "!.~u:àM ~¡¡~:;u ,;¡ .,... ""c z " ,'" § ~o ~ c» ~~~§~ ~~:;~ ì 2:..~ r1 :(- ~ ~ G'~' QGQ~'Q J ~ .,,, r~ 'II¡ \ 0 i ~ . ¡ i · ~ ~ . S . ì ;~ 5 " I · ~ j c I . ~ ~ ~ ~ ~~ J ~ ~ ~ ~ I iI . i ~ . · ~ I ~~ ¡ . , 5 E ~ f ~ ~ J . ~ ~ . >~ ð " ~ ~" ! . 9 ~ ! ! ~~ i ; "> "~ "R ~ ~. · .~ . 8 I . ~9'J(I r()7.~~ 1 ,...,\. :", ~'i 0 rq~ ¡iJ:âHII ' ... .,,~ :¡¡ I ~ H 1i""11 ~ 7~ ~;-I :0: -; Of ~ 15. " : ~ i Hul CI ..~ ~ ~nif A · o < · o z · ( , ~ · o o o ~ z g · , " rS? '" -'~~ !'" . . ·f: ".'--..:;i~, ",-,o,~,___ ~ _. _~___ ' ."" '\,,, ", -, =.0- _ > i ~: ): :',' , t;;·íf$'ttPM \; ,':1 (j -'IS \;t d \ \ \ \" " ',,- ~I i ; , \ \ .... \ r-::.-:.::-.......... """, "- \ ....... ............... . \. ,d ", '-....--__... ....... . -"") ~--_..J ~~ ------ - J Ot:J3,1.<J!'~V'~ " "' · z , .. 0 ! z · > : Ç) :::u » 0 0 Z . ~ ï 0 Ç) ¡; \ \ ~ I ~ g -0 r » z ~ ; 0 ~ r · -< i :;:: í ê -0 · ~ (") jIIIO:' . o· . -0 ¡..;- ~ , · » ~ ! :::u [ ^ :;:;; » . -< " \ / jj " " " \ \ \ ,'/ / ., "\ ·1 ",,-~ . : . . J ~ ~ . ¡ : i 2 . f \ \ ., \Ü ',', o zl?~~~rrlz ~ ... j ... -~) iii. ¡ "!;! ~r;i 88~R~", ~ . r"1;;t "c Z ~ 0 O"l 8 ~o 8 c. '" I=~~;~ ~~¡"8:~ (01. ~!;I! .:r ,; ~ U1 '" -< 0 '" + ~ 0 Z 0 " z 0 ~ 0 ~ ~ -< z 0 " " ~ '" ~ > '" ~ ~ + .. 0 ~ % 0 ~ 0 0 [ ¡ · · 1 ~ ~ I , , I I I I ! I / I I I /1 I , ~7-~(JUUGUU( i K~~'~~~~~~~~i ~~ ~ ~ I ~ ~ I ~ ~ : ! ~ f i~ ~ ~ % ~ ~ ~ ~ ~ ª . ~ . ~~ ~ ~ i ~ i ~ ~ g ~ ~ ~! i! ~ ~ ~ ~,.. ~ ~ 0 ::;¡$j !l! .. [( ~, I / O~Q C(z-t ;¡:~-< ,,~ -!6o () ." ,,~ "'£0 "'i!;I ~_c <Zr "'''", -<0 '" I . "'900 rOE,;!" 11~~~ . ::~,; ¥ ¥ n <Fn I ~ D,d u 1[: ii' ¡¡II ... ,-. ~ J/ ~ d'~ n¡ I,IJ : :~¡;,;' '. , ~¡ ¡ if · - n > " ~ , ~ · õ \ \ I ~ I · · · c í ~¡': · ¡..;~ , f r i î 2 · ~ r · r ~ I[ ~ ¡ r ~ > · · · 2 · . i O~O r~=< ~~-< -o~ -!Oo o '1 -o~ ?ó!i!O ^¡;I ;:E-C >~r -<>¡J> I .. s; V1 (J> -< (J> J> + ~ o z " " o ~ o !;i -< Z o " o ~ CO ~ o ?;; + ii! o ~ o ~ o o l A · " ~ ê ªð~ , I~i 155+00+00 MATCH LINE II.#' ,:" ',~" ,,:SEE S:EET \;~\f:~\' '" : . ç> I" "" '" .' ~ I .....~~_. ""' '\..,' , " ....... --...."'"'.:.;,:,~ --, .,,' -,."............ I" ,I>,~~,,:,~~ '~, '~~::~\:;~'):,~:.;?j;:~{~:'~¡~':~~ · 'l"r...w"" ~,.:,1·'·..··"'-A~» ')-~~ l ,;:Í¡2/".I;··,.>;~,~~~ .. ,/ ~ ~ ,I,,: '~~}!'i/L·/-? ' .", " .. ,:~ :!;#,l.t/<:/ / " '1!I!I;;""'i;\r( , ¡~<.\- :' ~ < · o · " /- " I " '~ '" · · n , c > ~ GJ ;:0 » 0 z GJ ~ 0 ."1) ~ ~ r » i! z 0 r i! -< š:: "1) è ~ () "1) » ;:0 ^ :;: » -< ,3 ~Zrt'Z~zœ~ 9~~j2!:!:?Z ~~t!~~~~M ~~!i~8~c;u ',., ':1& ....,~. r Z g g ~ ~: ~ ~ 8'J> ~ ~ ~ ~ ~ ~ ~I;; q ~ ~ ~ Q ~ ~r .' '........... ,/"",. " -' /' ,- / ! I I ' I '~ I i '1 "'~ I i , ~ 1 , ~ J~G'~'~G~~'~( § ~¡; 8 ~ . ~ ~ . Q < . 0 ~ ~ ~ ¡¡¡~ ~ 2 ~ 1'1 ~ ~ ~ ~ ! ~ '" 8 ~~ ~ . Æ ~ ~ Æ ~ < ~ ~ ~ g ~~ ~ > ~ ª . ~ ~ ~ ~ ~ ~ ~ ..¡:ª. ~~~~2~"~ ~; ã ~ ~ ~ ~ § ; ~ ~ ~ J >~ ~ ~ < ~ C ~ 8 ~ ª H Ii"!! ¡" .~ ~ ~ > " n J . p ~ · ~90(', ,09, ;~~ 1;4',"' "<~ fff~'f~ {" 2 '''II I 'I ~ ~¡ f r"'I n "'......~ :' ;-1 I : ~¡ ¡,II. ~ ·~f ~ o '1 :: h'. I. :.. ~i 'if · t · · í ; 20. ~ no. ¡..;~ 2 · , r · I i , ~ ~ : · · rl ~ .. 21 ¡ f 2 f : . I 0"0 r>~ -<z-< ¡:'" ~ 3',¡0 o ." -u~ >,.0 "'.I AOC :Ezr >"> -<" I co o + o o o o -., o N o lJ' + o o o I ~ " " · = ~ · §z~ ~~~ ª~~ ~ ~ < · o 2 " .: ~ 2 ~ 2 > · 2 0 r N -< 8 s:: -0 è 0 ~ -0 :Þ ::0 ^ :;: :Þ -< - '. () ro.. t>:Z::Z:~o;;r1 ....:z: I", '" Q"'Z ~j:¡;;;;~~,,-i ~ ~~~~~'~~ ~:~;.~~<11. "C z <-'"" 8 i ~,¡o p 8 &'~:Þ &. - <11 c'--1 '" .., .... <11 '~:Þ 8 :: ~ ::; 1;1 '" ;;:, ~¡~~~~= s (/) -., > ~ z !J z ~ ~ ~ " " " ~ ~ · ~ ~ ~ ~ z ~ ~. S } ~ . A \ ¿ A ... {.. "'---.c_.._ "'"-----...--... Ç) 'Od ::0 :Þ 0 Z Ç) ~ 0 -0 r ~ :Þ Z _.~.-.._--.._---..- --'....~- - 3/1v ~'7 -. <,.>~~.:. - - -.c~ ~_ "'--.--.. --'---...- '-'-'«~;:''-- ., " -- "·,co_ .-.,..,,"C~_ .<_.~,.=.=':~:::::::c.~?c.::.::.::...",",>_ "<::":::',;.,,'""::.~,.;:::- '-'-'<:;;:::;';:':-;:-;::;::~~ /.,,1 I o ~ ~ ~ >.. ~6 ~~ H >" ¡¡~ ~; > " ~~ ~~ ~> ~~ ~; g~ Q'I!!i\'~G~~~~( ~ ~\J 'ii,;¡¡¡!!¡ ~~I;!I~~:~~~ ~~8~~~~~§.~g o~%<I'.'!1 ~. \: ~~~'"~. R. · "!i¡!! ; ~ . I :,~,1('1., 1(J,d.." ;149~ '4.,," iff --on =- tI !l':;i,U I ~ "Ii II I! ... ~~_ ... ""1' · 'i, ! f""'III ~ i'f,1L....1111 ~ :: ~~I ; ~f·f!,J ... ~';: o , ::II :':'þ' ~ co L ~ ;~ !if · " · " z ~ · o S!Ô~ ~.,~ ~~~ ~ =.! I ~ < · o z · .: · z n z z · · z C"J ;:Q » 0 · ; ~ z · ;: : C"J " \ \ I ~ ìJ r » z f I 0 r · -< · s: · · ìJ < í () i'DCI~ . ìJ µ" . » , · ( ;:0 ^ ¡ I ::E i » · -< : · · r ~ · ~ f y ¡ i 0""0 r):::¡ -<z-< ¡::~ ::Qªo o ." "i!: »!.]o 9!¡;I ~z~ »"» -<'ii , :;; '" VJ o -< '" » + ~ o ¡o¡ 9 z o ~ o !:i z -< " o " ~ '" "" '^ > o ~ + " o '" o ~ o r ; , ~ : i o C>zzt?~fI1 ~~~~-:1~ ~ ~ ~ ~ ¡¡fIT! . ~ ~ ~ ': AI ~,..,....: ';>Or Z õ~['1 Š ß "' 0 8 8. è» ~2:j.~~:;; ... ;s'. f"" ~:.~;I . J ~ · ~ ------- \ ...-1-.... ! I \\ \, """ . '\ \, \ \ \ \ \' '" \\, \, é'.,~ '" ":~'\ \,\, ,0c~:>. " "'iò , "'0 , ~ " , , ~'- -- -- ) ~ -¿, 'Ý- , ","1","" ',"',',' " j' I, .'1/ 'liLT II ,I,,', I.i{ "',j" , 1/ , ",,, 'It',·· . . . . . ' " 't ", " I ,', "\','. '1/ '\ o ... ,'" ".., _" .. . I ". \ ' ., ¡, fl ' ~". , '~,. ' , . "~I"~ '.. " '.. "", " II ;1/ , ., fl.!, ,I}',"" -",' ~ "1· 'I'",',' I' ~' " . , 'I' 'II. .;1~ , ' . 1"'4>' ~,~ ·~'~'l""·1" ",I,. ¡,f,: ". Vi ,~ ,I II' I' ....- ~- "'" fj, II ", 2JO+oo~:!1ICH -1_1__\, SEE SHí!f:j. diNE / , / , , , , , / / / / . ) / ,/ ",-- / / -\ // // j ,./ / " // c :0'y ~~ 'y --------~ ~(\~~~~I § ~~n'~'~\J~~~~\ ~ .r; IiJJ \J 8 < . . _ ã ~" · À ~ ~ . ~ 5 ~ ~ g ai ~ ~ ~ ~ ~ i ~ ~ ~ ~ 8 !/ §~ ~ . ~ . ~ 0 . " ~ ~ ~ ~ .~ a ~ x ~ î ~ ~ ~ § . ~ J i~ ~o ~ t ~ ~ ~ ~ g ~ ~ ~. Ë ~ Æ ~~ ~ ~ ~ : ai £ ~ ~ ~ ~~ ~. ~ ~,. 0 Q -iili !!! ~8 ~ I ) .-,~ r !J ¡ 8 _ - lï4~~ .ffo.'~.~ 1 o~~'~ {, i : ,! ¡ ~ ,< -II :II i; ~ ~ C; d ~ o ., ,f""'III ~ :nr¡ ~ ::;, :; ~f} : ~~ i if ~ ; II ¡ . [ ~ f ~ "0; .1 n" ... K r-. ~ ~ ~ ! ! . . . . f ¥ £ . l E . l ~ > · · · f2çQ -<z--' s::~-< "(J~ Õ150 ",,"" J>~ ::o!ij() ^~I ::¡:_C ".tjr -<"J> I·· ,; fj) --' J> N '"" o + o .. <:) " o Z o ::: ~ --< Z o " N ¡¡: ~ ~ + i! o ~ 9 ~ o i = ----. \W;'; Ij]t11-": ,; f)W(;':. n(O,] (1"- , '\err', r11, w · , · ~ () ; I§! §ªi ~ < · o · · .: ~ · o · · > · · G"J ::v }> 0 ~ 0 Z ~ G"J g ""D r }> Z 0 r -< ;;:: ""D (") ""D }> ::v ^ :E }> -< - .t> () ~ ~ IJ) rT1 g~r.z ~. ~ ~~ $,' oc: ".~;O -r " Z c>"fTl 8 > 8' '.?O .='):> ~Ët~~ ~j.oO';::» ~. ~ ~ J < o ~ I ~J ~ @ , ~ , i~ i ! ¡ ; ¡ ,~"', ï{ ~ .' .a> ~~~.<~ I~ \: . z ~ 'Z 0 ~ ~ . i ~¡ ~ ~ ~ ~ š ~ ~ i ~ ~ ". ~ ~ ~ ¡ 5 . ~ ~ ¡¡ ! i" iï ~ Î ~. ~ ~~ ~ ~t»~C\\ o'\t»i <,' \,:\\JS '1\'v'vt»C,p 00'\\\ ",0\\' '0 P '1J ft r I . ~!\ ß\ ß~ I /~-~/ ''\ .~I/' (he) \ .' q/. .\' //.~:/ Q(;/ ,"." _ ",\G"\ .' > '. ,.-o..il"."\?1 If' .( ;;tF;:";:?"<""''';'>' /,\V. (""'.-1 \, '''''''-" ' .~.'-';:>-"'. ,,/ \__ì ,?V __ .,"'.ß"'~'-- /' \\):ì ~< ¿".--~~ ..."" /~:--::::::....~.:-::'---~:;'-- -~ ,.<;;p~ "'.. -;::_-;c.:- 'lIP \ .------...- --...-yy"""-, ¿.-/"""-::: ,/ ~~//'<:' ~s;''/i(~::.---- f~~F£/ . :ç~~1:c~ 5'j?~~~,~ I ,//. / !~t¡~() '.~\ .\\.\V? .~ f~~ 1 ~-;::dc:!I~:"!:~'!~~ 51 C)~.D'-- \-:: - /.-~ .- ......- . Ç} ATTACHMENTC Wetland Delineation JURISDICTIONAL WETLAND DELINEATION FOR THE OLYMPIC P ARKW A Y PROJECT January 26,1999 Prepared for: City of Chula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Ph: (619) 585-5707; Fx: (619) 691-5171 Prepared by: Merkel & Associates, Inc. 3944 Murphy Canyon Road, Suite C106 San Diego, California 92123 Ph: (619) 560-5465; Fx: (619) 560-7779 JURISDICTIONAL WETLAND DELINEATION FOR THE OLYMPIC PARKWAY PROJECT Prepared for: City ofChula Vista Planning Department 276 Fourth Avenue Chula Vista, CA 91910 Ph: (619) 585-5707 Fx: (619) 691-5171 Prepared by: Merkel & Associates, Inc. 3944 Murphy Canyon Road, Suite C-I06 San Diego, California 92123 Ph: (619) 560-5465 Fx: (619) 560-7779 January 15, 1999 7~d~ Keith W. Merkel, Principal Consultant J~ ~ ~~-"'--- K Ie L. Ince, Wetland gelineator M&A # 97-122-03 Olympic Parkway - Jurisdictional Wetland Delineation M&A # 97-122-03 TABLE OF CONTENTS BACKGROUND AND INTRODUCTION .................................. I LOCATION ...................................................... I WETLAND DELINEATION ........................................... I METHODS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Vegetation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : : : : : : : : : : : : : 3 Soils. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Hydrology .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 RESULTS .................................................... 4 Herbaceous Wetland. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Coastal Freshwater Marsh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Mule Fat Scrub . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Southern Willow Scrub . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Riparian Woodland ....................................... 22 Non-wetland Waters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 WETLANDS FuNCTIONS AND VALVES ................................. 22 EXPECTED IMPACTS TO WETLANDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 WETLAND I'ERMITIING REQUIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 LITERATURE CITED .............................................. 24 LIST OF TABLES Table 1. Impacts to Wetlands and Non-wetland Waters . . . . . . . . . . . . . . . . . . . . . . . . . . 23 LIST OF FIGURES Figure 1. Project Vicinity Map .......................................... 2 Figure 2, Sheet 1. Wetland and Jurisdictional Water Delineation. . . . . . . . . . . . . . . . . . . . . 5 Figure 2, Sheet 2. Wetland and Jurisdictional Water Delineation . . . . . . . . . . . . . . . . . . . . . 6 Figure 2, Sheet 3. Wetland and Jurisdictional Water Delineation . . . . . . . . . . . . . . . . . . . . . 7 Figure 2, Sheet 4. Wetland and Jurisdictional Water Delineation . . . . . . . . . . . . . . . . . . . . . 8 Figure 2, Sheet 5. Wetland and Jurisdictional Water Delineation . . . . . . . . . . . . . . . . . . . . . 9 Figure 2. Sheet 6. Wetland and Jurisdictional Water Delineation. . . . . . . . . . . . . . . . . . ., 10 Figure 2, Sheet 7. Wetland and Jurisdictional Water Delineation . . . . . . . . . . . . . . . . . . . . 11 Figure 2, Sheet 8. Wetland and Jurisdictional Water Delineation . . . . . . . . . . . . . . . . . . .' 12 Figure 2, Sheet 9. Wetland and Jurisdictional Water Delineation . . . . . . . . . . . . . . . . . . .. 13 Figure 2, Sheet 10. Wetland and Jurisdictional Water Delineation .,.... . . . . . . . . . . . ., 14 Figure 2, Sheet 11. Wetland and Jurisdictional Water..Delineation ...... . . . . . . . . . . . .. 15 Figure 2, Sheet 12. Wetland and Jurisdictional Water Delineation ....... . . . . . . . . . . ., 16 Figure 2, Sheet 13. Wetland and Jurisdictional Water Delineation ..... . . . . . . . . . . . . . . 17 Figure 2, Sheet 14. Wetland and Jurisdictional Water Delineation '.". . . . . . . . . . . . . .. 18 Figure 2, Sheet 15. Wetland and Jurisdictional Water Delineation ..... . . . . . . . . . . . . . . 19 January IS, 1999 Olympic Parkway - Jurisdictional Wetland Delineation M~ # 97-122-03 Figure 2, Sheet 16. Wetland and Jurisdictional Water Delineation Figure 2, Sheet 17. Wetland and Jurisdictional Water Delineation . . . . . . . . . . . . . . . . .. . 20 21 .................. . LIST OF APPENDICES Appendix 1. Wetland Data Fonns Appendix 2. Wetland Photo Points ii January 15. 1999 Otympic Parkway - Jurisdictional Wetland Delineation M&A # 97-122-03 JURISDICTIONAL WETLAND DELINEATION FOR THE OLYMPIC PARKWAY PROJECT BACKGROUND AND INTRODUCTION The subject of the proposed development is Olympic Parkway (an extension of East Orange Avenue). Olympic Parkway is a five-mile long roadway which will provide regional access to 1-805 and SR-125 from the proposed development areas of the eastern territories of Chula Vista. The roadway crosses four major devlopment areas and is being developed as a regional transportation facility. In July 1998, an impact summary report was prepared by Cotton/Beland/Associates, Inc. as part of a feasibilty study. The 1998 report provided a detailed review of previous environmental documentation conducted within the alignment corridor for the Sunbow, McMillan, Otay Ranch, and Eastlake properties. The review identified the assumed alignment for Olympic Parkway within each Environmental Impact Report (EIR) and summarized the findings of these EIRs with regard to the environmental impacts and mitigation measures associated with Olympic Parkway. However, the environmental impacts associated with the construction of the entire roadway had not been addressed as a stand alone project. This wetland and jurisdictional waters delineation report addresses Olympic Parkway as a stand alone project and provides updated information regarding the extent and distribution of jurisdictional waters as well as anticipated impacts associated with the proposed roadway development. LOCATION The project site is located in the City of Chula Vista and occurs within Sections 17 and 18. Range 1 West, Township 18 South of the USGS 7.5' Imperial Beach Quadrangle. It also extends into unsectioned lands, Range 1 West, Township 18 South of the Otay Mesa Quadrangle; unsectioned lands and Section 3, Range I West, Township 18 South of the Jamul Mountains Quadrangle; and unsectioned lands, Range 1 West, Township 18 South of the National City Quadrangle (Figure I). The roadway will be an extension of East Orange Avenue, which currently terminates at Brandywine Avenue. From East Orange Avenue, it runs eastward, through Eastlake Greens, and terminates at Hunte Parkway. The Olympic Parkway project mostly lies within Poggi Canyon, roughly paralleling Telegraph Canyon Road to the north. WETLAND DELINEATION METHODS A wetland delineation of the project site was conducted using routine on-site determination protocols of the 1987 Army Corps of Engineers (ACOE) manual (Environmental Laboratory 1987). Delineation work was performed by Merkel & Associates, Inc. (M&A) from January 5 through January 7, 1999. The purpose of this investigation was to determine the extent of jurisdictional wetland habitats on-site and to determine the potential impacts to these wetland resources from development. 1 January 15, 1999 n o N N ~ '" '" < "<! ¿ \ ¡!/</'~ r'~! ....! "iþ ~. íj "",,'f~/r:, U '\ \1'1' , rj··'I" ,~ I , 1 ,.".\ 1cP ~ \ C \ .~ ,~þ ~.. ~\ 5 .......... "",,,- ..""............. \" , , , , . " o ~. ,¡f.~ ., i'~~" """, \~ ... '*;"J. -,;¡,~.¡ ~ .;¡. ð'-;··· \ ""..~- I It, "S., /,.,1 ,.!\.'.'. " 'i:" '" \ / '. _ "\"" '. '. """¡, .::. / - , ' ""f'· " ",,' ~. "~:>", \ 1 \., .... i. '~ S \ "~,'ó,:: . \ ,J )'~... n ) j._. \I~-ì ,,_,~~:<~, '/": .~ J~. ,.' ~¿.." ) \. \~ .....,-. ,Jì""<: .... ,¡..(. "",:, ' "'.':. ..~\,~,,/ '7" ., /' r"'-'-' :/. ., , , \ \ o \ l\ \ . , \) \ \.\ \ \.....' -,°'0"",0.., .' /. ~ , '"'-.. r~ " ~ " .~ u.. .-< V ~ - c; ~ <5 ç c '" '" " '"' biJ "" c: ~ '" ;; ~ "0 "'" '" ~ :J CI ~ U ¿ '" " :¿ '" '" ð "0 c: '" .<:: u '" " a¡ c. "= -;;; ¿E p. .§ ... .... .¡: 'O.f' ;; u .... u '" '0' ... ~ " c: ,'2 ;;; Z '" c: g :; o 2 "3 E '" ~ <n r-- VJ o VJ :::> '" u ~ " o [/"j ~ II -+- ': TI '" Olympic Parkway - Jurisdictional Wetland Delineation M&A # 97-122-03 The delineation made use of the physical evidence (vegetation, soils, and hydrologic indicators) exhibited on-site to define the presence and extent of jurisdictional wetlands and waterways. Wetland delineations of the property were performed using routine on-site determination protocols of the 1987 Army Corps of Engineers (ACOE) manual (Environmental Laboratory 1987). In addition, the delineation effort was expanded to identify non-wetland waters under federal jurisdiction and streambeds under the jurisdiction of the California Department of Fish and Game (CDFG). Evidence supporting jurisdictional determinations was recorded on wetland field data forms (Appendix 1). Photographs of representative jurisdictional waters, including wetlands, are provided in Appendix 2. Wetlands and other jurisdictional waterways were plotted on 1" = 100' scale topographic maps. Where the mapping scale was inadequate to show true jurisdictional widths, these have been noted on the map. The principal field delineators were M&A biologist, Kyle LInce, and biological technicians. Diana M. Ernlet and Vanessa A. Lee. Wetlands and jurisdictional waters existing in the study area are regulated under one or both of the following: Section 404 of the Clean Water Act (U .S. Army Corps of Engineers) covering discharge of dredged or fill materials into the Waters of the United States; and Section 1600 et seq. of the California Fish & Game Code which addresses alterations of streambeds. The following text describes the three parameters used to determine the presence/absence of wetlands and non-wetland water streambeds occurring on the site. Additional information addressing the overall delineation process and jurisdictional limits may be found in the federal delineation manual (Environmental Laboratory 1987), state and federal enacting legislation, guidance provided by judicial interpretation, solicitors' opinions, and regulatory guidance issued to ACOE offices and CDFG field staff. Vegetation Vegetation communities which meet the criteria of wetland-associated vegetation were dominated by a preponderance of species classified as obligate wetland plants (OBL), facultative wetland plants (FACW), or facultative plants (FAC) based on the National List of Plant Species that Occur in Wetlands (USFWS 1991). Soils To confrrm the presence of hydric soils, soil pits were excavated using a shovel. Soils taken from depths ranging from 12 to 18 inches were examined for physical and cheIIÙcal evidence of hydric conditions. Excavated soils evaluated using the chroma indicies from the Munsell Soil Color Charts (Munsell Color 1974), but soil color is not used as the only indicator in the study area's mineral sandy soils. Other indicators of hydric soils such as vertical streaking, high organic matter content in the surface horizon, mottling, spodic zones, and organic pans were also sought during the survey. Hydrology Hydrologic wetland indicators included both surficial and subsurface characteristics. Included here were evidence of flow, soil saturation in the upper 12 inches, scouring around stationary objects, ponding, and accumulation of debris and sediments. Most of the site's flow information consisted of drainage patterns and flowing water. Other evidence includes water-damaged vegetation, accumulated 3 JanU/Jry 15, 1999 Olympic Parkway - Jurisdictional WeIland Delineation M&A # 97-122-03 debris around stationary objects, and localized erosion patterns. Non-wetland Waters of the U.S. are jurisdictional waterways that exhibit wetland hydrologic characteristics. These areas may be inundated during the wetter portion of the year by normal storm events, but lack either or both the hydrophytic vegetation or hydric soil conditions required to defme wetlands under federal regulatory programs. Open Water, a subcategory of Non-wetland Waters, describes areas where ponded or flowing water of substantial depth exist. Areas of Open Water also lack hydric vegetation. For the purpose of this report Open Water is discussed as a type of Non- wetland Waters. REsuLTS Both ACOE and CDFG jurisdictional wetlands were delineated for the study area (Figure 2, Sheets 1- 17). Five wetland vegetation types were mapped including Herbaceous Wetland, Coastal Freshwater Marsh, Mule Fat Scrub, Southern Willow Scrub, and Riparian Woodland. Jurisdictional Non-wetland Waters of the U.S. were also mapped. The following discusses these habitats with regard to hydrophytic vegetation, hydric soils, and wetland hydrology. Herbaceous Wetland The survey revealed approximately 1.79 acres (78,037 M of Herbaceous Wetland on-site. Herbaceous Wetlands were found along the main drainage throughout the project site. This habitat type was mostly dominated by Curly Dock (Rumex crispus). This FACW species occurred sporadically throughout the main drainage of Poggi Canyon; however, only areas dominated by this species (or sub-dominated with other wetland associates) were mapped. The stands of Curly Dock often occurred with other types of wetland-associated vegetation (FACW or FAC species), such as Grass Poly (Lythrum hyssopifolia), Perennial Ryegrass (Lolium spp.), and Cocklebur (Xanthium strumarium). The soils in these areas generally exhibited a low matrix color with evidence of gleyzation. Organic streaking was noted for sandy soils. In a few areas, the presence of hydric soils were assumed given the presence of both hydrophytic vegetation (FACW or OBL species) and hydrology. Hydrology was indicated by the presence of flowing water, saturated soils, or drainage patterns. Coastal Freshwater Marsh Small stands of Coastal Freshwater Marsh vegetation occurred sporadically along the main drainage. These stands, along with larger areas of Freshwater Marsh located on the eastern portion of the project site, totaled 2.04 acres (88,659 ff). This habitat type primarily consisted of Broad-leaf Cattail (Typha latifolia), which is an obligate wetland species. Occasionally, stands of California Bulrush (Scírpus califomica), another obligate species, occurred along with the Cattail. Hydrology was indicated by the presence of flowing water. Hydric soils were assumed given the predominance of obligate wetland species and the presence of flowing water. Mule Fat Scrub The survey revealed approximately 0.50 acre (21,704 ff) of Mule Fat Scrub on-site. Mule Fat Scrub was mapped for several areas dominated by stands of Mule Fat (Baccharis salicifolia). This FACW January 15. 1999 4 " IBI L..J Q. 0:( ó 2 z ~ . > " w " :..: ~ < u " " ~ ~ < w " " z < ~ ~ ~ " ¡:¡ " 0 ~ < < 5 < < w z . 0 . " ~ w '" 0 < ~ z ~ " ~ a z w 5 F <1 " " 3 0 " m 0 ~ ~"~~"~ ':':;' .¡.,I" ~ :, :::" 11 ;~~,; ;~~ : ¡: 'I:: \ I' ~ w m I 0 0 " ~ 0 z ¡¡; 0 " < 5 . < ~ ~ m . ~ ~ 0 0 ~ 8 " ~ 0 ~ " ~ ~ " 0 z c ~ 0 w ~ ~ " < ~ u w " I < ¡¡; . I' ~ m < 0 z ffi w " 0 0 0 [ . " ~ z . ~ .,~~~~ _0 ._~ I::~ ._ 0 CJz :> .!""r "U .. i:I :c .. ;õ ø " « ~ :> I ü ~ o Ñ ~ '" :> .. Ii: I: " ~ o '0' "" Ö C)) .: '0' ....., C)) q ... C)) ;:J)"" ö~ ;J ~....., ... Ö ö .: a::. .;: "" ü Ü .0' .0' R,'"tj ~ .~ ~S 0"" '"tj .: ö '"tj .: ö ....., "" C)) ~ '" '" '" ';£ >- '" <: :> z <: , ü ¿; ~ ~ . ~ o ~ en Ú ó Q) 2 :ß d ~ Qi' .~ "Û ~ :õ CJ g (\j ....... o Q:: m )( fI) <: ~ fI) ~ ð ~ 8 ô \0 òÖ~'~~ ~ ~ ó -.;¡ :i &: ~ '" v -,<v ... ~ ~ ~ ~ (lMC"U SCNV1\3fI\\oo·eIH!õ8O\S&AQ\:'S :HI.'td ~ ,r<")r<") , .~~¡ , i éL Cl-i <';:10... , i ;/);i!!~jrll!!11/: .i ./ .,/ II /,.' / Ii r!li;'; .~/:r/~:/M¡j!¡ .,.,~ '_' " ,",' "" ,-1\#.., / i,I/,'! ~.'::;l;Je~·'/~~~i/,/ .'>"'" " <>," (' /'~' / / ,,~- " ",. \0) <V \, " \ i , ) '~·:.:I ·"M"",.. -',...'\ ~ ">'".~:," r,., cl,\ .,'" '" ~~. -,<i :~'>:':~:,::: ~',:;:« ',Z " ,] ,,,.,:,::~,,-.' ~ ''''~~:'~~:.:.::I~>::~~·~:' \W' :<:>""-: 0 ~'~ \\f '<> ,,~ ~~ <c,.<:-~':..'\' -,''-'.'z\'\ ,,>,<o¡:- -~'" "~<,;'Ä\,' \! \ \ \~ ) j ! , " ,'. ..,m'~'.:i?\\\~\i \!! ! ! ! i "'\f~;í!)¡¡'~'\:lii ,1~':[Ni' ~~\", ' If!'1 hI' \, '\ \ 11"1 lill i '\ \ \.'\ \ ";1:;!)¡;FbYJjO{~ 10! i' '11'1 ¡ I' HiJ!~ "¥.) \: ~¡ 11;1 111\1"" I' ì f '.' I ; ~:! ¡oJ; !ti'lli ,; ; , J "11, ¡&II ,'II dl' )' I \....'1'" I f' I ¡IO! I. -\ \ ¡ I, i ,'~' '~!i·.i':I~" d¡¡" :~I ; , If /,$ i'~J'; 11'15 ¡'It.; S I' ) ¡/ i:if ¡Ip , "q I \ ¡) f ¡/O" ,!;~lp8 It;!J / , "I.'/!2/ 1þ;¡lfrD}1 ~'I '!(I / I' it' oll,~,,~I¡'íij~)1 )' " /', ~j /~h/I~I! ~:) ,? I ,/ I >~ ;~;' ;~,!!f": ?j) ','$ , / !,!I:z,'t~' JI.ff;'í ít:' Q '~f It' /! ,¡/ ',t If' ¡ , .'~'}/ ~¡;, ,/1/, ' .' ;%" :fl:./, ~'~,~' I] ,I:, / r j / f' "I 111¡l!f(¡(?~;lj:// ~: it! / .c:j '/',!II':'I;,,"',/( I;, .J ,/ r:::.,/ 1,.,¡:,lllhl.//f i; , , i'; M)}'Ii ¡L1íl,J1Ii¡ If/ I J ' " : I'/'V i 1¡i.!4'-Ji,.d' ! , j I /\ /')¡lr1"'.!Ii'I'Hi,¡.¡(.'ij!~ ,.,,,I¡;!'.' ",'. " I I ¡ii,'!; ;;'1"! " ¡ .! r .' <' ' I 1i/Ur/in}i I f ¡ i t//\ri- !!;:;¡!¡l~i,), ~'i i ,\' , l'l"i ¡if ,//jj?/f6I!ij~~1,J i '~o """" ~""- I t ( " .. .. ~ ... " ;': ø :> "" ~ " I 0 ~ 0 ç " ¡::: 0 '0'> .,., Ö ()) ¡::: '0'> '-' ()) q ¡.. ()) .,., ~ II! :> " ;¡: ~ ö ;3 ~ ¡.. ~ '-' ö ¡::: o .0'> Ü t .0'> .0'> R.'Oj ~ ,~ ~ ¡.. '-' ;:¡ 0'"""") 'OJ ¡::: ¡j 'OJ ¡::: Ö '-' .,., Q) ~ '" '" '" aô >- '" "" " z '" ü ,¡; ~ ~ ~ , g ~ · o c¡j 13 0) , -!..:> ":¡ d" ~ .~ '\:Ì ~ §, g & ~ ;¡ ~ §. -< ~ ~ 5c.:1l') u 0 ~iH 0_0 ::¡¡ ~ ~ · · ~ ~ ~ §. :!Ma·\-samru3'l\\oo·ee~seo\s:JM.o\:S :HlV¿ ;! ¡'i ':,."i'J! "-c'//:~J( /,<·/;I.1;.¡ ~ ¡ ,/' ~/, "~~ '/~ ~/':,;<:~::>~<,,c /' c/ / /'/' Ct' t,'/ I.~ ;Z"o'll; .., .. i « ~ ø 5 « ~ => r u ~ o Ñ II! " " ;¡: è: ü ¡: Q .", .,.., tI (\) ¡: .", '-' (\) q ;.. (\) ~~ tI~ ~ ,.\¿'-' ;.. tI Ò ¡: a:, .~ .,.., ü ü 'c:-::> "c:-J R."ö ~ .;2 2'~ Q", "ö ¡: tI "ö ¡: Ò '-' .,.., (\) ~ æ æ ~ <i >- '" « => :i ~ u ~ æ ~ ~ ~ tI) G g C» ß 10 ~~ ....... d VI r<') ~ .~ 1:i N ~ u 8 c;¡ '. o ~ œ ~ '" 0 ~ CI) g, ð -oo::r:: 8 õ II') _1.,1 "'.~ ~ co e. a Ó -,)~~¡g tl) "'" õì ~ ~ !Õ. f-~ _ ~ ~ -'"0 "~'." ····.\...~II.\\. " ....','~\ '., . >ð" \.::':: ',j ) \U>' /,,/ ,./ . .. w ~ i" V> 5 :5 co I U ~ o .. II! " " ;¡: Ie " ¡:: Q ,'" ""N Ò ~ ¡:: ,'" '"""" ~ ~ ¡.. ~ ""N ~Ò ~~ ~'"""" ¡.. Ò ~ .~ ""N (.) (.) .~ .~ P,'"¡j ~ .~ ~~ 0'-:, ] Ò '"¡j ¡:: Ò '"""" ""N ~ ~ m m m ,,; >- '" < CO Z " ~w o ·u fJ) . ~ ~ -t..:.;:, âì' Ö~I<}W "0:-:0 -g ~ g 'ª ~ ~ fJ), ~ fI) ~ ~ ~ 8 o' ~ m~ >..!! It) ~ ~~ ¿ '" :i ~ ~ OJ . ..Iè~ ¡.. ~ ~ ~ I o ~ ~ ~ ~ ~ 'H.lVd .. I- W !!! .. Ñ w .. ::I g IL ;ó '" :> :s => ~ " ~ o ~ (j ¡:: o .0" .,.., Ö (\) ¡; .0" '"'" (\) i:::\ ~ (\) ;:J¡d ~~ ..I¿'"'" ~ ö ~ .§ .,.., ü ü ..,:> '0" R,"¡j ~ .~ 2'~ Q'"-) "¡j ¡; ö "¡j ¡; ö '"'" .,.., (\) ~ ~ ~ ~ '" >- .. « => z « ~ r.i ~ ~ ~ ~ o ~ . 13 6 ~ 2 :R (Ii/I' 1jJi (71 'W,/ii .~ -g B.§. ,1:/1,/ g&~~ :'~/,,// ~~ð'" i ~/ i i ~ 8 ô 1.0 ~,': i" ~.~ ~ 1 ! i 00 ..<: 0 6 i\!jj'!\\¡i/tl/ -,)i~m \~T_! ¡tbl~f ,2¡ i i t \\ _\k1¥::~ ~ ~ " ;,;. '!:'\!'i ~ ':\ q i \\ \ ',", ': i:i i . ~\oo·lI n!ôOO\SðMc\ ~a"'-S(]NIf1l ,.'," , , , , ,\ ,\' I ß i .. ,~I ;' /j(~/' I' :! ' ¡II! ! /' ,. ,: ,I (^", ¡,...,¡i ...' , ! i I )~ ¡ ..,//':./ ,-'./ l 'Ô.} """--"':..,,.//:..,l/"/"·-~! 1'""":--'- /- ÐMm;-$QN't'1I.3M\OO·MlSðO\~CI\:s :HI.Vd .. ... .. .. :I: .. " :0 ~ 5 "' ~ => or u ~ o II! " " ;¡; ~ " ~ o '0-' ...., t3 ()) ~ .0-' -.0 ()) q ¡.. ()) ~...., Ö~ ;:3 ,.¡¿ ¡.. d; -.0 Ö ~ o .0-' Ü...., .~, Ü ~ .0-' R,'"ö ~ .~ ~¡.. a~ '"ö ~ Ö '"ö ~ Ö -.0 ...., ~ ~ ~ ~ ~ >- '" "' => Z "' ~ ~ ...., ~ ~ ~ o ~ c,j 13 6 ~~ ~ d ~ (JI .,", ,¡ n - CJ 0 ~ ~ o ¡¡,: ~ ;¡ ~ §."' ~ ~~~In .:ö ~~ ~ ~ ~ Ó .......:>:::¡;clO 0> ~ ~ ..sè::: en ~~ §. ~ ;;; ,.,' '.;3':" œ' "'~ '.. ~'!~,"'i5f~, ,~/~/Þê " ~ /~. "~,,, .~ m ,Ig, 3" ~. . , / )" r " ; t: ,. I'. .' ti: l';'/'~~/~i~1 ¡,I i i l i í I t ;~ f,','! :' / ~ i" 1 ! i ; ,;' r f ' ' ! ,I 0' aI / ./oz,,; ,i ./ ,/,/ ,.' ~' . . /bSi '«j i ii i ,iO! i! (~ Jtf/~'i~'l~' ;~ '~¡,!~i ~{i~ i 0 . - iZ} ,1--' Ii'! ~'" z 15! I~! 'I, i:;; \ !ß \ \. ~ i¡!::j!¡J , ]\ i ~"~ ~t :'~ \\' , \i.~\~\~i!ß , \ \~\~\\~\~\\t:J '\\ \, ",\\, ' '- '-', ~ ~ 91 :c .. ;ó '" 5 « ~ => I " ~ o Ñ II! G Ii: ¡: " ~ o .0-' "'" d Q) ~ .0-' ...., Q) ~ ... Q) ;:¡,"'" d~ ;3 ~...., ... d ~ S '0-' "'" Ü Ü ,'" .0-' R,'ö ~ ,~ 2'~ 0":, 'ö ~ d 'ö ~ d ...., "'" Q) ~ m m m aò >- "' « => z '" ~ m -. ~ . ~ 0 ~ c,; G I 0 OJ 2 œ ..., 0 ~ d ~ :!' ," .n b N ~ " o _ o N 0 ~ m X '" 0 ~ '" ~~ -q; 0 u ~ 8 0 m ~ <:ö ~ . ~ -e.Î5 " " 0 ~ . 0 ~ OJ ~ ~ ..Iè ~ m m ~ f- 0 ~ ~ ::W(],9-S0MV11¡w,\OO·tI$L;ec\~CI\:s 'H1~d .'" s <ç ^J. ". ~ ,:¿ \¡<. .~ , ~", , ii'," / >- '''., .""',," ~ ,// ",,,. --'.' ~' ,..,>.' ';,/' ,-',' ".- / ,><'-~,>" ",.._'..-,-.,.", ,»~:' ..~. ,'''",' .'.",.." ><;/" .' /',.,;. ,//' """':";,:~'-;::',.:"':' "" -.. >:-~:;.::~ -"-'::::-~'-'--<: ~ ..~\ ,~', " ::~':~::~:;;,;: ~ >~':::"'~~ .' <: :",~:,::,,:.:.. ,,', .' ,. \ '. .' " ':. -"",,,.',,<:~,:i:<',\ . ",: ,·,:·,\\,V·,.. '~ " ,,\_\,~',b·\'.,\\\ -""""'"" \ \'l.I.¡!-0-:\(I}!i;: """''',,>,,. \'¡ \ \ ~11 ~¡, ì! Ii: \ \" \ i" ',\\ \ '\ I~\ \ ~t fl ¡'; \\\'\\,'\\~\ \ \ \ ~ 1 ~'Ii:'~'d,.i/-,! &!, .' \at'¡P:::i-.<" ,.I'J ,I/~", ,'~r i / /::¡:"//~/; ;~>?;..' ~//~'t / /~ '\V,,-,://,~(~(~~'i":. <~,«::'~::"::':':~_:~;-';\\ ~ ¡ \i".~\;¡¡.. ,>,'~'\·K'· ~ I'" 9 ' ¡i\'<>~:~\\ '~:"':Yi:"!"'i'p:) j,' , !)!i; :! : ¡, : . \ 1," \ ~ I,', J J } \, \'ll\\ (' l'll,II)'[1 ~ :')j I ¡ {, IJ~" Ii!',:' ;_\11\\"11,,,,1 , j' "'1" r 'f':/ ¡'¡f;:, III \ II'! .,,:~~~~::,;<~~-':.:':::~:j!J/!///:)-1 , 'jllll Ii ,is- i-~ '. /.i/; i ,~,\¡;llí¡:Æi of" ..">:>-« /J/¡'/Iif! ,.. II}' I 'I' "i,' ~,," , îl!Ù~I;~J~i~::¡~';í~i/l;ij:J ': I .j{//i,J.~j!~i:' «( i ,0/ /:{ ,,(ii ¡ j ifl!ii/iii! ¡~i! \ ~I' i,', í~ ('$.,." \\\\\\\2\\~~,¡t,_,¡,\\' \ \ \:t :'1 \;~~- 'i. \'\';C¡\\!j;:".,.;ìE:\.,,'" "\~. '§ ", ,','" "!",,"".' "'!¡i'1 I " \'i;.\\".\~:,.:\"~;'\·'\' .,1;,.,(, -, ,::J \"\\\\O\"-:~"~'\'ff\1\I~¡;'~ ,.::1" fl;~I~~;¡~~~,'1 1/ / /~'J'r"'" Jt1, I '( œ ... "' "' % .. Ñ "' .. " " ;¡; ;<: ~ 5 « ~ " r u ~ o I:: fj ¡: o '0" "'"" d ç,¡ ¡: '0" ..." ç,¡ ~ ~ ç,¡ ;::J¡"'"" d d ;:3~ ~..." ~ d d ¡: Q, ,~ "'"" Ü Ü .0" .0" R,'(j ~ .~ ;::J¡~ ..." ;:ì a", '(j ¡: d '(j ¡: d ..." "'"" ç,¡ ~ " " " aò >- '" « " z '\ u " ~ ..., ~ · ~ 0 ~ 0; ü , 0 OJ · · · .... ., ö · ~ ~ §. .0' ,; N " 0 " 0 c " ~ , '" c ~ '" ~ê3 "'<: 8 ,; · ~ ~ òð ~å I ~ c 0 i ~ · - · OJ ~ ~ -'< ~ §. ;.. ~ ~ ~ O/M1L-SaNV11:w.\oo·elnçllO\~CJ\:s :f{J.'~d < w . < /< 0 w . Z < < mi w w . . u ~ e < < . z < .~ ·w-·· ." < ~ 0 . z . 0 ~ .' ¡, e~ Z ¡:o.' ." ~' 0 z w " ~ ~ F ¡¡ " ~.£i" ···ID·, .0.,,' ~ > 0 '~'.,~-~" ~ Ie ~' ~ '.,? i ;~,¡i. D ,.- t, :::" 1\ :,.>; ,Vµ.\~~".. ¡: 'i:: \ m ~ e " " z 0 ..,~,. ,~ I" e m m -"Z ~ " 5, 0 ~ 1J! < 0 0 e· ~ '~. > 0 " m " ¡¡' . 0 ,< ß ~ ~ ..~ Z z ~ < " < 0 '.-j:¡ < w " < . ,~ F 'iJ ~ m ~ z w 0 0'\ W .' " 0 0 'Z .. " . ~ > ,._f ,',:~~ ~ ~ ;'ó m ~ .. " W " W ~ :I: :J .. or Ñ u ~ W 0 .. " ¡: '" ;¡: D ~ 0 .,.. "'"" Ö Q.) ¡;:: .,.. ...., Q.) h:4 ¡.. Q.) ;:J¡"'"" Ö Ö ;3~ ..:.¿...., ¡.. Ö ~ B ',.. "'"" Ü Ü .,.. ',.. R,~ ~ ,~ ;:J¡'" ã~ ~ ¡;:: Ö ~ ¡;:: Ö ...., "'"" Q.) ~ æ æ ~ ~ >- ~ :J % " . ò ~ i?! c ~ e ~ '" G I e '" . c ..., ., ~ d m " .~ .,", ~ N ~ " 0 " 0 0 " m , '" [¡oj ~ '" ~ 0 8 ô ~ òÖ .t .~ * ~Q 6 o 0 :R ~ > 0 m '" ~ ..s< ~ m m ~ !- 0 ~ ~ ~Q'ø-saNV1l::w.\oo·eelSeO\~C\:S:H.l't'd :,.>-, "-"" /< f~/ / / i¡<e/ /;5' / /'¥ //~. , '<' i i1W 'Wi p::; ;' ./ ~ ,/ / /' GS,' ~'".' .~ a, ^, ,~, , ,I'> .'i<.. ðt i~! /[ /t /~i z .~ /i' /' '~//~i~i'_/ !I/' ~ !I'!(I/(/)~'//) ¡i~ítf~i~¡!ii ~ ¡ II!'Ú///// i'! !: \:! !~!;;( , .' " ¡¡ I,' ¡æ!.' i: , '1' I,' ¡i I' ) ! ) " 'm; 'r:, ¡I!, I ¡, Iª: ¡ ¡ ~ i ~¡ ¡ IJ I !~ ;;: m ì ¡"at i I~ !¡~ f ts ,0 :J 1 ¡/!!q~! ,!:r-í 8 1 j, 5 ¡i~i\§j;~1 ~ \:\ ~ .\¡elilll~! ~ I~!· 1 H ~~'I', \ 1 læ j ~ : ~ " ~ "ì'¡ , " ': ;~, 0:: !,o I, :J \ It i \; \'~ \It 1 ¡¡: \111 '.::¡; \ '\ 1 \ \ ; t \ ~ ... 1 ;', \, '\, : \ \',,\1 \ "1{ \,)1 " '; \' " ';\\1\\ 1\ \. I" \ \\~\ " \~! \\,'; '\"1\' ¡¡I \ ~, \,\\\i.:,\'¡t, \. ';\¡ \11\1\1",\,',\\ i',.\I! \ ,\ , \ q \ ~ ¡ 'I \ \: \ \ \ \ \ " \, \, \ \ I, l \i '\ \, \ ¡ ) \ ~I) \ \. I ' \. \\\\ \\\ \1 \" \ 1, \ \ \ \ \ \\\ \ ~)I H \ \ \ ,\ \ 1 " II \¡ ,_ ' ~ \ \ \ \\ \ \ \\\ '; \ \ \ ; ¡ Ii \\'\\\',\\<1i\\,,,\\ ¡:\\"¡\\\\I:\\\\\\i\\ \ill:1:I,II,I",:I'I,(" iij:!iilt1\i \d,\ i 1\j1 ¡ 111\\\1\\ \ \ '\ 1\1¡";lii!i¡i\ \ '¡'¡¡¡¡d!\i\i¡il:' t . jjd!\'! ¡\-¡¡'d i !I!i!ïli;":¡i!:¡ 1¡J1dtljlin\\¡ íj i! 1 ¡Hi ¡ ¡i ¡ i) ~ "d,' '1'/ \, 1! \,1 'fJ!) L i) ¡¡ (i! \ \ \ f/lll!!i!)!.!. \ \' \, "I°'\ji\'I"\ 1'1'1.,,,., ! ill I n! \ \!~ \ \ ¡¡¡!I Iii; );; ¡ 1! l i/// / i,i'./,/ / ~ ¡ '\ 'I í ¡ t f ,I .I) / ,1;\\\\\\11( J-i.i\\\\\\\\\; , ~ 101 \ \\ ': i '. "i 1\ \ ' "tqJI1¡'~ "'\\ \iUI/II,,If\\\ ~ I,t l \ \ \ \ t ¡ t, \ \, \\\\ \ \ \\\ \. 'fu , ""'->'..-"" ~~'~,?,~::,\~~\\\ "., '. I, '. "'1\ \ ì ¡)) :¡¡),I! [¡i\i¡~iq1! I ! ii, Ii) I ~ i i 1¡'{Jlli!;¡ ,I \¡¡I:)¡(',¡ii,¡f \\;,\\1\1):I\II!< ,\'q\\\'i\¡i..i\', \\tll!\'!'¡";ï1 '. ; d) ¡ J IJ ,; ¡ \ ",' i . '\"1/1';11\1"\ '. .' I, \ af I I i J I ; ¡ 1111 i ¡ \i!\Hilf/ (ij',''-'j il\n¡\~diff!,' ¡, \1,\\\\\I,\i l.iil \1 \\\\'\\i\H f i 1\ Í\ \. \ \ \ \\, \ I t i \ \ \ '1" \ 1',\ \ \ l¡\\ \ \ ¡ .. (, ii' HI, i \,\1\1 \\\'0'\"1 \ \ \ Ii \ \! i: i ('\' , . \".\\H!¡t:t\\\\ \\\\\\\\ql\\\lV ì. l \ I ~ '. 1,:. I. \ \ " '\ " \ \ \ , I \\ \\1\\\~\\\q\ \ \ :1 ¡"11,\\\'\.\\\\ \\ \1, " ¡ ¡ ì.!) 1! \ \ \ \ ~ \", \ " "I i I~ i I"I! ¡\\\ùJ,\\ ,\ ¡ j / / /; , i i \ \ 1:1 \' ',\ I! I. if ¡' If j i<bi 1 ¡ I, Illl.ii/ii/V!"" ({ l ./;' / ;'./.",/ / ¡ ,Æ ) \,\\ {//-/fil! f i ' , / )J'.i! i! i! J /J,j!,' , ! I! ! :/}~if///// í ;;///¡:/, / l ,/ //ICOi 1/, I'V,. ~~;i~~;:;:L~, ,., "\"~ -'". , " '. , I , ! \ \:,' '" i! ;>: ~ 5 « ~ => I U ð 0- IU !I! .. " IU !J " ¡¡: '"'' ¡: " ~ o .<" .... Ö <:ù ~ .<" ...., <:ù ~ ;.. <:ù ;;:J¡.... ö~ ;3 ~...., ;.. g ö c a:, '<" .... ü Ü .<" .<" R,~ ~ .~ ~~ 0,-:> ~ ¡;: ö ] ö ...., .... QJ ~ œ œ œ œ ,/ >- '" « => ~ , ~ ~ ~ ~ , a ~ ~ ~ a rñ 13 0> . "t-> .- d ~ œ .~ 'Ii ~ ~ C,J g c;:¡ .. o a:: 03 Š "" '" CI) ~ ð ~ 0 . It) u 8. ~ c:ö ~ å ~ ~ _ 0 ~:i ~ 18 ~ i 03 ~ o' .§. ~ ISIO\~CI\:s'HJ."'" DM011-SONV1L~\oo'ee ;!! ¡,\' \ i, , ' ,'L, )"\ " , "\ -" f",! i ì'\\\ ~wi ,¡ , ': 1,' ,'.ij, '.C'': \~ /_,i~',// ]Bi¡,¡'{u(! \.0\ '\~'¡ 'í i ,,5, . ,,\:' :5': 'i¡ \~ \ \, Sì' 14. \' ~ \ \'~\ \ " \ ~i 3;' \ \ iZ :J:!\ ~t , J \ \ I I , ; i lco/co ;"'I"IÞ ~ :, t)ï'¿ '1 ; \ i, \ i~ \ i, \ b¡ j,~ \d ,~, ,,. . ;,~ 'I' !,O[ :,s , , , "œ: ~ 1 \~, \ 't\ \~J '¡ \ \\ \' ii' I \_::\ ~\ \, j ,.~, ,1, \ .. ~ \;? \~1: \ ' \ \ ,\., \ \ '. \~~, '. ¡:~ . " '¡, \ \~'\ ,n " 'o,}" " ,'j ',', I, , , , , , , ~&/ !i fLf) , \ ~\ " , i¡ \ ~ ,IJ! ~, I ,1/ ~),> <" ~ ,. i:¡:/þJ i 'i \~/ , ,",,/~' .I,::': ,0 i ,/'~' /~' I r ,'11 J!! i l i~'- ...-~ iI' 'i, /" / ifw! I ! !.LJi' (f f f i i ~ ,1 I' ~ /ti:'i' ,ic.' /::1'" ,§" ':';/ z/ 'œ: '! :IJJ ~, ,~ ¡¡', ;¡ " & " iW c~ / 1'1.. , i,/il!~i~.{~/~! 1 '! " ,Æf!I ,,~t;" , l ¡ r i ./ l i / ;' ./ j'" i r I I ¡,I / r' , t " ;" ~ I- :> w « w -' :c " .. I Ñ ü ~ w 0 !!i " " ¡¡: ¡¡ ~ 0 .0" "'"" tJ ~ ¡:: .0" ....., (\) q f- (\) ;::¡¡"'"" tJ~ ;3 ,.¡,¿ ....., f- tJ ~ ¡:: 0 '0" "'"" (.) (.) '0" .0" R,'"tJ ~ ,~ ;::¡¡ f- ....., ¿; a '"tJ ¡:: tJ '"tJ ¡:: tJ ....., "'"" (\) ~ " " 2' ~ >- '" « " z « ~ ¡j ~ " ~ ~ ~ ° ~ .; G , Q '" 2 ~ ... ., ~ tI , " ~ .0' .¿ N §. Ü 0 ¡; 0 . " ~ OJ c en i. ~ ~ 8 õ ~ o1:S ~ î ~ ~" ¡, > c ~ ~ c :g ~ '" v ..I( v " " §. !- ~ ~ ~ aM(rO~-SQNV1J.3I¥.\OO'B iH~eo\stlN.a\:s 'HJ.~d "m ·"æ ~. ~ ~ ";~\i' '" /;f 'i\ , :, ~ i I: ¡¡ I' il : .' ~ 5 <: ~ => :I: " ~ o I: " ¡:: Q '0" ..., Ö (\) ¡:: '0" ...., (\) q .. (\) ..., ;::¡'Ö Ö~ ;3 ,¡,¿...., .. Ö ~ .~ ..., ü Ü '0" .0" R.'ö ~ ,~ 2'~ 0"":, 'ö ¡: Ö ] Ö ...., ..., (\) ~ ~ ... i Ii IJ! " " ;¡: ~ ~ ~ ,,; >- "' <: => z " g ...,~ Q i!: ~ ~ I r¡) ~ ~ œ =: ~ ~ Oì' d "I') ¡¡; "t; g ~ '::' o Q::: en ~ '" 0 ~ (I) ~ ~ "'<: 8 ò ~ >. j' ~ o'ð < " ¿, ~ 0 :& ~:i ~ œ.. <iì' .J<;;'; 1õ ..~ - ~ ~ / ¡ill: 111'111! 'I';II!< ¡II It 1.111'1111' ,I jJ,,'UJlI"¡ I ¡ ¡! : ~ i' ¡ "i . ,¡'I('linli,d ,. II I' "I' liJ1 ,I t)¡ j 'I ' " '.1,',"11,"..11' " II' ,j'.r ¡ ¡ I 'j"J Jji flil! !i!¡¡!JI¡i,I;; ).",. ";1(111 ''I''il'!j"' . i¡¡i'f'!!.!I,: i· :I-f! i'llf J! ,'¡'¡,,,¡i'\ {¡¡,ill;'; \¡!:t <. 'F~' \. '\, \ .<'\, '. " '\ ~ ;ID '\ \, \,,¿'\,\, .. ''0' \~ J\3\1~\~ \ .~ \2", '«', ',-,\ \0 \, \~~,.\:\ g \ ~ \ '\ '-'_5\ \·I~(', \~\ ':z \ . , ' 'Ii.. , ~ ' >, ~ , .., \" '\. ~\ ":I:' \~, l!t \" '\ ~, \~ \," "~ \, '.! \'\§\ ~ >.. \~ '\ ~><"" \ "'-\ ,~\ U:!.. ::Ii , ,\,~_~\~\i ~ , ' , \ ., \," , ro o ~ u . , < " -'( \ , ;Ó ~ I- " .. <: .. -' :z: " II I or U " .. 0 .. " !: " ;¡: " ¡::: Q .0'> ..., Ö ~ ¡;: .0'> ..., ~ q ¡... ~ ~..., Ö~ ;3 ..¡¿"" ¡... Ö ~ 8 .0'> '-'0 .0'> .0'> R."ö ~ .~ ~¡... ã~ "ö ¡;: Ö "ö ¡;: Ö ..., ..., ~ is:: ~ ~ ~ .,; >- '" <: " z " ~ ~ ~ ~ ~ ~ oj G 0 '" ~ ~ ..., ·5 ~ tI . ~ ',", ~. ~ ~ N " 0 ~ 0 0 '" . '" 0 ~ '" ~ð ~ 0 ~ . u <:ö ~ ~ ~ é-õ ¿ , 0 ~ " 0 18 '" . , I ..I( ~ ~ ~ ~ 1: .. ~ ¡J ~ ~ r! , ~( ,n-S( MY1!.3M.\OO·BIS~9eo\S:!M(]\':S 'HI.'id ~"'"." Ii ¡ ! i ! 1<1 I, ! " ¡ z !~ j 0 ~ ;ó :< ~ 5' .. <: .. i ~ :> :I: Ñ " ~ i5 !: ;¡: (j ~ 0 .0' ..., d QJ ¡::: .0' -.. QJ q ~ QJ ..., ~¡j ¡j~ ~ ..¡¿-" ~ ¡j ¡j ¡::: Q, .~ ..., Ü Ü .~ .~ R,'ö ~ .~ ~~ 0"':, 'ö ¡::: ¡j ] ¡j -.. ..., ~ m m ~ aõ >- '" <: => z " "'. '........ .4,....""".., ".~t:.~\ l()(\~ \\ I I z w ~ o .._w ~ ~ ~ ~ . G 6 ~ 2 ~ ~~ C1ì u ~_ .~ -g ~ ~ g & ~ S "'. ~ en Ë' ~ ~ 8 g, If) ~.. ~ c:ö 'ã. 0 6 ~ ~ ~ 18 œ-: êiì' .J.è(h ¡¡; ..~ ~ ~ ~ , , , io ~ !~! i [0::1 ¡ i~¡ ¡ ¡äi , ì 1\ \ '¡ i \ I}: ~. ! 1 f;::' I~ 115.\ 1l 1<' i~ ,,' ~r /gj, y < 5'; .w ~" ¡,~, n~ \I-! j ~ ¡ð \ ~ I> ~'.!,' \,.: :', : \:::: .. \.:' 'J::' \ \ '< II ;5 '" .. 5 .. < .. J :¡; ::> .. I ... " ~ .. 0 .. ::> I: " ;¡: " ~ 0 .<" "'" Ö Q.) ¡;:: '<" ..... Q.) q !-- Q.) ;:J¡"'" Ö~ ;3 "" ..... !-- ¡j &: ¡;:: 0 .<" "'" Ü Ü '<" .<" R,'"Ij ~ .~ ;:J¡!-- ã~ '"Ij ¡;:: Ö '"Ij ¡;:: Ö ..... , "'" / Q.) ~ 0::/ i!f < . " '" W '" i~ ~ , i ~ >- :¡ ::> z '" ~ , , \ '; \ \ \, \ ì '-, Ci \. \ \~, \\~\ \:;, ,. ',"', ~ , ~ '\:::E\, 0 \ 'lli-,,"!/. \ ß '-'.<{ , Z"'-'-D::' ',.,'< \0-'. ~ 0( '1>,1 1>::, .~ \'<_tl'·, ~'" ¡;"\I W 'ffi'· T:J. <, <3, ~ . ..,,,. ",U::, F" VI," :::Ii ',!~/~( Th: cc\ o l <i ¡: ...., m ~ ~ ~ o ~ cñ G g CI) 11 It) d~ 0> .~ ~ ~ ~ g ~ ~ >< CI) <: ~ CI} ~ ð ~ 8 ·10 "" ~ ~ c:ö e. õ ~ -01 :i ~ :g OJ . ..Iè. .. ~ ~ m ~ -¡n. ::J' 5 - ;! DMQ....~ SaN't'lI.~\OO·ðð~<;ISO~a\:s :H.lVd < w , " < < , 0 w , " , i< Z < I . i; 'W - W " ¡~ 0 U ~ ~i < 5 Z !~ w < ~ 01 " Z œ· I~ < ~ ~ ¡; ,r~ " :0 Z 10 " F " ~ Ia' ¡ m u " > , , i ! ! ~".~i '1\ ~. ~' ~,:, ~I , ~,. .;~- .. " ,',', , '" .¡J~ D , I ,',', \ \ i ~'¡ ,t" II " :,' F ~ w · 0 c " ." Z U ,~ ~ , 0 - - Z ,< ~ ~ · m ,. ~ ~ " \~ > c " - 0 · u " ~ - i~ 5 ~ z " w ~ z " < !,~ u < w " < , . F " m - < ~ 'Z " W 0 P w ~ " 0 " z , . - > $! ;Ó ~ >- 5 OM "" OM -' '" " .. I Ñ " ~ OM 0 '" " ¡: " ¡¡: ¡¡ ¡:: 0 ..,., ""N d Q) ¡:: ..,., '-' Q) q ¡... Q) ~..., d~ ;3 ..¡,¿ '-' ¡... Ö ~ ¡:: 0 ..,., ""N Ü Ü ..,., ..,., R,~ ~ .~ ~¡... ã~ ~ ¡:: d ~ ¡:: d '-' ""N Q) ~ '" '" !'! 0; >- '" "" " Z "" ~ Ü ~ m ~ ~ ~ ~ oj ¡:; I 0 Q) ~ ~ ..., ., ~ tJ - m .,.> ,;~ ~ " . - . N 0 " '" . OJ " "' (/) ~ ð ~8õ ~ '" '" ~ ~.!! ~ ~O ¿ , " ~ ~ > 0 ~ ~ Q) ~ ø ..I¿ m §. .. ~ ~ ~ OMa·ç¡-SaN'f'U3M\OO·Be~sðO\s:JMlI\:s 'HlVd "": < ~ '0 '"Z '!ii.., « <>·l" ~ Þ >- ~ 'g ~, /r.., ~ < . " " 0, '~-, < w æ <c. w ü z <. ê z ., > a < o æ "'Ir \ '0 < w æ <, . o æ. æ o "Q): '>~'ii'·I~ \j ;/0 '7~ "~ /' "- I~~! o . z 00 o 5 " " " ~ o :: I- W !!! .. " w .. " " ;¡: ;" ~ 5 "" -' ::> I U ~ o !: u ~ o '00 ...., Ö ~ '00 ..... c:.> ~ ... c:.> ...., ;:J:>Ö Ö~ ;3 '"'" ..... ... Ö d ~ Q, ,~ ...., C,) C,) .~ .~ R,'Cj ~ .~ 2'~ 0"":, ] Ö ] Ö ..... ...., c:.> ~ m m m ~ >- '" "" ::> z "" ~ " ¿: i!! '~~ ~ a ~ ·13 6 ~ 2 ~ ~~ ~ d ..., «) .~ --g ~ ....... g & ~ ~ fJ) c "" CI) !i!, ð ~ 8 & ~ ....!!! \I) òÖ~o¿ 5 6 18 ~ > ~ '". m ~;1; 1õ. ..~ - ~ ~ =H.l~cI Olympic Par/cway - Jurisdictional Wetland Delineation M&A # 97-122-03 species occurred along drainages in several areas on-site. Most stands of Mule Fat were in close proximity to other types of wetland-associated vegetation. Soils exhibited a low matrix color with mottles. Organic streaking was observed in sandy soils. Hydrology was indicated by the presence of saturated soils, flowing water, or drainage patterns. Southern Willow Scrub Southern Willow Scrub vegetation occurred at a few locations on-site (along the main drainage), yielding a total acreage of 0.06 acre (2,559 ft2). Goodding's Black Willow (Salix gooddingii), an obligate wetland species, was the dominant plant of this vegetation type in one area. The other areas of Southern Willow Scrub were comprised of Arroyo Willow (Salix lasiolepis), a F ACW species. The soil was mostly loamy sand in these areas with a low matrix color and an aquic moisture regime. Hydrology was indicated by the presence of flowing water, saturated soils, or drainage patterns. Riparian Woodland The survey revealed approximately 0.05 acre (2,186 ff) of Riparian Woodland. This habitat type was characterized by several individual large willows (Salix spp.). These trees were barren and most likely dead; however, the understory of these areas consisted of dense stands of Coastal Freshwater Marsh or Mule Fat Scrub vegetation types. Wetland hydrology was indicated by the presence of saturated soils. Non-wetland Waters Areas devoid of wetland vegetation and soils, but showing evidence of flow or soil saturation, were mapped as Open Water or Non-wetland Waters of the U.S. These areas are under the jurisdiction of CDFG and ACOE as Streambed and Non-wetland Waters of the U.S., respectively. The survey identified 0.25 acre (10,832 ff) of Open Water and 3.22 acres (140,197 ff) of Non-wetland Waters, yielding a total of 3.47 acres (151,029 ft2) of these jurisdictional types on-site. WETLANDS FuNCTIONS AND VALVES The site's jurisdictional wetlands and non-wetland waters primarilY occur along the central drainage of Poggi Canyon. Soils mapped for the canyon consist of Linne clay loam and Diablo clay (Bowman 1973). These soils consist of well -drained, moderately deep to deep clays which typically occur in uplands (Bowman 1973). Most of the canyon is broad allowing for moderate to high groundwater recharge and floodflow alteration. Streambed stabilization would be considered low given the lack of wetland vegetation and/or rock which would bind soil and dissipate erosive forces. Sedimentltoxicant retention varies throughout the canyon. Relatively high retention value is given to areas near the eastern end of the canyon where a pond occurs and significant marsh vegetation was noted. Most of the western end of the canyon consisted of a narrow drainage ditch with sporadic patches of low- growing, herbaceous wetland vegetation. High nutrient transformation areas are those which retain or transform inorganic P anlor N in to their organic forms or transform N into its gaseous state. High nutrien""t transformation areas would be associated with areas of low water velocity and presence of significant herbaceous vegetation which are found around ponds near the eastern end of Poggi Canyon. In general, wildlife value is considered low for most wetland habitats given the lack of wetland vegetation within the canyon. The limited wetlands on the site are valuable to variety of animals such as the Pacific Chorus Frog (Pseudacris regilla) and California toad (8ufo boreas halophilus). Sensitive January 15. 1999 22 -.--..-...----'. .,----.-----..- Olympic Parkway - Jurisdictional Wetland Delineation M&A # 97-122-03 bird species such as the Coastal California Gnatcatcher (Polioptila californica californica) and Cactus Wren (Campylorhynchyus brunneicapillus), although sage scrub associates, will also utilize wetland habitats. Various raptor species including the Golden Eagle (Aquila chrysaetos) forage over the area and were seen using snags and several large trees for perch sites. EXPECTED IMPACTS TO WETLANDS The proposed project involves a roadway development, which would include clearing of existing vegetation, grading, and filling. The proposed development will result in impacts to approximately 7.91 acres of Waters of the U.S. consisting of 1.79 acres (78,037 ft2) of Herbaceous Wetland, 2.04 acres (88,659 ft2) of Coastal Freshwater Marsh, O.SO acre (21,704 ft2) of Mule Fat Scrub, 0.06 acre (2,559 ft2) of Southern Willow Scrub, 0.05 acre (2,186 if) of Riparian Woodland, and 3.47 acres (151,029 if) of Non-wetland Waters (includes areas of Open Water). The following table summarizes quantities of wetland and non-wetland water resources existing, to be impacted and to be retained on the site. Table 1. Impacts to Wetland and Non-wetland Waters Jurisdictional Type Existing (acre) Impacted (acre) Retained (acre) Herbaceous Wetland 1.79 1.79 0.00 Coastal Freshwater Marsh 2.04 2.04 0.00 Mule Fat Scrub 0.50 0.50 0.00 Southern Willow Scrub 0.06 0.06 0.00 Riparian Woodland 0.05 0.05 0.00 Non-wetland Waters of the U.S. 3.47 3.47 0.00 (includes Open Water) Total 7.91 7.91 0.00 WETLAND PERMITTING REQUIREMENTS The project would result in impacts to waters and/or streambeds that fall under both state and federal regulatory programs. Under Section 404 of the Clean Water Act, placement of dredged or fill material within Waters of the U.S. requires a permit issued by the ACOE. The Clean Water Act also requires the issuance of a state water quality certification or waiver under Section 401 to be issued by the Regional Water Quality Control Board for any action that may result in degradation of the waters of the State. In addition to the federal act requirements, the proposed work would constitute an alteration of a streambed and would fall under the jurisdiction of CDFG pursuant to Section 1600 et seq. of the California Fish and Game Code. 23 January 15, 1999 .._.,~_._~._-_. ..---------- Olympic Parkway - Jurisdictional Wetland Delineation M&A # 97-122-03 LITERATURE CITED Bowman, Roy H. 1973. Soil Survey of the San Diego Area, California, Part I. U.S. Department of Agriculture, Soil Conservation Service and Forest Service, in cooperation with the University of California Agricultural Experiment Station, the U.S. Department of the Interior, Bureau of Indian Affairs, the Department of the Navy, United States Marine Corps, the Department of Housing and Urban Development, and the County of San Diego Planning Department. December, 1973. CottonlBelandlAssociates, Inc. 1998. Olympic Parkway Feasibility Study - Impact Summary Report. July, 1998. Environmental Laboratory, 1987. Wetland Delineation Manual. January 1987. Munsell Color. 1974. Munsell Soil Color Charts. Macbeth, a Division of Kollmorgen Corporation, Baltimore, Maryland. U.S. Fish & Wildlife Service, 1991. Wetland Delineation Manual, Appendix C, Section 1: National List of Plant Species that Occur in Wetlands, Region 0 - California 24 JanUßry 15, 1999 APPENDIX 1 WETLAND DATA FORMS Merkel of: Associates, Inc. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122 03) Date: 1/5/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Kyle L. Ince & Vanessa A. Lee State: Calfiornia Do normal circumstances exist on the site? DYes I8 No Community !D: NNG Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect !D: DP 7 Is the area a potential Problem Area? DYes I8 No Plot !D: PP 7 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator I. Lolium perenne Herb FAC 9. 2. 10. 3. II. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 100% Remarks: FAC-neutral test = no hydrophytic vegetation. although normal conditions do not exist on-site due to grazing from cattle; Vegetation is predominantly ryegrass. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs o Inundated o Other ~ Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: N/A (in.) o Drainage Patterns in Wetlands Depth to ftee Water in Pit 1 (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: N/A (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: High water table. SOILS Map Unit Name (Series and Phase): Linne Clay Loam(LsE) Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Calcic Entic Confirm Mapped Type? DYes I8 No Haploxerolls . Profile DescriDtion: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0-12 N/A 10YR 2/1 N/A N/A Clay Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils ~ Sulfidic Odor 0 Organic Streaking in Sandy Soils ~ Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyect or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: Saturated clay soil with high concentrations of decomposed organic material. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes 0 No ¡:g¡ Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes 0 No ¡:g¡ Remarks: Non-wetland waters. Approved by HQUSACE 3/92 ...---- A.".'___ ..... DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122 03) Date: 1/6/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Vanessa A. Lee & Diana M. Emlet State: California Do nonnal circumstances exist on the site? DYes I8 No Community !D: HW Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect !D: DP 8 Is the area a potential Problem Area? DYes 181 No Plot ID: PP 8 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Rumex crispus Shrub FACW 9. 2. Lolium perenne Herb FAC 10. 3. II. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 100% Remarks: Herbaceous wetland. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs o Inundated o Other ~ Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: N/A (in.) o Drainage Patterns in Wetlands Depth to ftee Water in Pit N/A (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: 0 (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: Data Point approximately 3 feet away from flowing drainage. SOILS Map Unit Name (Series and Phase): Linne Clay Loam (LsE) Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Calcic Entic Confirm Mapped Type? DYes I8JNo Haploxerolls Profile Description: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0-12 N/A 10YR 2/1 N/A N/A Clay Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon ~ High Organic Content in surface layer in Sandy Soils o Sulfidic Odor 0 Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: Organic streaking. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ¡:g¡ No 0 Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes ¡:g¡ No 0 Remarks: Normal circumstance do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: 1/6/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Vanessa A. Lee & Diana M. Emlet State: California Do normal circumstances exist on the site? DYes 181 No Community 10: HW Is tho site significantly disturbed (Atypical Situation)? DYes I8 No Transect !D: DP 9 Is the area a potential Problem Area? DYes I8 No Plot!D: PP 9 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Lolium perenne Herb FAC 9. 2. Rumex crispus Herb FACW 10. 3. Polypogon Herb FACW II. rnonspeliensis 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 100% Remar~: Herbaceous wetland. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs o Inundated o Other ~ Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: N/A (in.) ~ Drainage Patterns in Wetlands Depth to ftee Water in Pit 6 (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: N/A (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: Saturated soils surrounded by flowing water. SOILS Map Unit Name (Series and Phase): Linne Clay Loam (LsE) Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Calcic Entic ConfIrm Mapped Type? DYes I8 No Haploxerolls Proftle DescriDtion: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0-12 N/A 10YR 2/1 N/A N/A Clay Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon ~ High Organic Content in surface layer in Sandy Soils ~ Sulfidic Odor 0 Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List ~ Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: Clay soils saturated with organic streaking. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ¡:g¡ No 0 Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes ~ No 0 Remarks: Normal circumstances do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: 1/6/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Vanessa A. Lee & Diana M. Emlet State: California Do nonnal circumstances exist on the site? DYes I8 No Community !D: NNG Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect !D: DP 10 Is the area a potential Problem Area? DYes 181 No Plot !D: PP 10 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Unknown grass Herb NI 9. 2. 10. 3. II. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 0% Remarks: Unknown grass is likely Bromus sp. or Avena sp. - definitely not Lolium perenne or Polypogon monspeliensis - therefore it is concluded that there is no hydrophytic vegetation present. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs ¡g¡ Inundated o Other o Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks i:8J Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: 2 (in.) 0 Drainage Patterns in Wetlands Depth to ftee Water in Pit N/A (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: N/A (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: No defined drainage. but ponding due to high water table. SOILS Map Unit Name (Series and Phase): Linne Clay Loam (LsE) Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Calcic Entic ConfIrm Mapped Type? DYes 181 No Haploxerolls Profile Descrintion: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0 12 N/A 2.5Y 2/5/1 N/A N/A Clay loam Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon ~ High Organic Content in surface layer in Sandy Soils ~ Sulfidic Odor 0 Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: High organic content in soil with sulfidic odor. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes 0 No ~ Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes 0 No ¡:g¡ Remarks: Non-wetland waters; Normal circumstances do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 ~--- ,~ ,,-.--.. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project'Site: Olympic Parkway (M&A # 97-122-03) Date: 1/6/99 Applicant'Owner: City of Chula Vista County: San Diego Investigator: Vanessa A. Lee & Diana M. Emlet State: California Do normal circumstaDces exist on the site? DYes I8 No Community !D: MFS Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect 10: DP 11 Is the area a potential Problem Area? DYes I8 No Plot !D: PP 11 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Baccharis Shrub FACW 9. salicifolia 2. Scirpus californicus Shrub OBL 10. 3. Xanthium strurnarium Herb FAC 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 100% Remarks: Mule Fat Schrub. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs o Inundated o Other ~ Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks ~ Drift Lines Field Observations: 0 Sediment Deposits Depth of Surface Water: N/A (in.) ¡:g¡ Drainage Patterns in Wetlands Depth to ftee Water in Pit N/A (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: 0 (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: Saturated soils with evidence flow due to drainage patterns and drift lines. SOILS Map Unit Name (Series and Phase): Linne Clay Loam Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Calcic Entic Confirm Mapped Type? DYes I8 No Haploxerolls Profile DescriDtion: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0-12 N/A 2.5Y 3/2 7.5YR 5/8 1% Loamy sand Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils o Sulfidic Odor ~ Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: Organic streaking. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ¡:g¡ No 0 Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes ~ No 0 Remarks: Mule Fat Scrub; Normal circumstances do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 . '" ,"'." DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: 1/6/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Vanessa A. Lee & Diana M. Emlet State: California Do nonnal circumstances exist on the site? DYes I8 No Community !D: TS Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect !D: DP 12 Is the area a potential Problem Area? DYes I8 No Plot !D: PP 12 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Tamarix parviflora Tree FAC 9. 2. Foeniculum vulgare Shrub FACU 10. 3. Unkown Grass Herb NI 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, F ACW or F AC (excluding F AC-). 33% Remarks: Non-hydrophytic vegetation. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs o Inundated o Other ¡g¡ Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: N/A (in.) ~ Drainage Patterns in Wetlands Depth to ftee Water in Pit N/A (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: 0 (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: Saturated soils directly abutting open water drainage. SOILS Map Unit Name (Series and Phase): Linne Clay Loam Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Calcic Entic ConfIrm Mapped Type? DYes I8 No Haploxerolls Proflle Description: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0 12 N/A 2.5Y 3/2 N/A N/A Sandy loam Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils o Sulfidic Odor 0 Organic Streaking in Sandy Soils ~ Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes 0 No ¡:g¡ Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes 0 No ¡:g¡ Remarks: Lack of hydrophytic vegetation. although this data point is between a stand of Arroyo willows and a stand of cattails¡ Normal circumstance do not exist on-site due to cattle grazing. Non-wetland waters. Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: l/7/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Kyle L. Ince, Vanessa A. Lee & Diana M. State: California Emlet Do nonnal circumstances exist on the site? DYes I8 No Community !D: HW Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect !D: DP 13 Is the area a potential Problem Area? DYes I8 No Plot !D: PP 13 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator I. Polypogon Herb FACW 9. monspeliensis 2. Xanthium strumarium Herb FAC 10. 3. Rumex crispus Herb FACW II. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 100% Remarks: Herbaceous wetland. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs o Inundated o Other ~ Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: N/A (in.) o Drainage Patterns in Wetlands Depth to ftee Water in Pit 1 (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: N/A (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: Data point along flowing drainage. SOILS Map UnitNarne (Series and Phase): Linne Clay Loam Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Calcic Entic Confirm Mapped Type? DYes I8JNo Haploxerolls Profile Description: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0-12 N/A 7.5YR 5/2 N/A N/A Loamy sand Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils o Sulfidic Odor 0 Organic Streaking in Sandy Soils ~ Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o GIeyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: Saturated loamy sand along flowing drainage. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ¡:g¡ No 0 Wetland Hydrology Present? Yes ¡:g¡ No D Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes ¡:g¡ No 0 Remarks: Data point along flowing drainage; Normal circumstances do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 -r;----- .~ ...,1.. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: 1/7/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Kyle L. Inee, Vanessa A. Lee & Diana M. State: California Emlet Do normal circumstances exist on the site? DYes I8 No Community !D: NNG Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect ID: DP 14 Is the area a potential Problem Area? DYes I8 No Plot !D: pp 14 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Bromus hordaceous Herb NI 9. 2. Medicago polyrnorpha Herb NI 10. 3. Foeniculum vulgare Shrub FACU 11. 4. Hirshfeldia incana Shrub NI 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 0% Remarks: Non-native grassland. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs 0 Inundated o Other 0 Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks 0 Drift Lines Field Observations: 0 Sediment Deposits Depth of Surface Water: (in.) o Drainage Patterns in Wetlands Depth to ftee Water in Pit (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data 0 F AC-Neutral Test o Other (Explain in Remarks) Remarks: Non hydrological indicators. SOILS Map Unit Name (Series and Phase): Linne Clay Loam Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Calcic Entic Confirm Mapped Type? DYes I8 No Haploxerolls Profile Descriotion: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0-12 N/A 10YR 5/3 N/A N/A Clay loam Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils o Sulfidic Odor 0 Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: No hydric soil indicators. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes 0 No ¡:g¡ Wetland Hydrology Present? Yes D No ¡:g¡ Hydric Soils Present? Yes 0 No ¡:g¡ Is this Sampling Point Within a Wetland? Yes D No ¡:g¡ Remarks: Data point near data point #13. out of drainage and within non-native grassland¡ Normal circumstances do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 ....--- ...- - DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: 1/5/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Kyle L. Ince & Vanessa A. Lee State: California Do normal circumstances exist on the site? DYes I8 No Community !D: NNG Is the site significantly disturbed (Atypical Situation)? DYes 181 No Transect !D: DP 1 Is the area a potential Problem Area? DYes 181 No Plot!D: PP 1 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Bromus sp. Herb NI 9. 2. Feoniculum vulgare Shrub FACU 10. 3. Ricinus communis Shrub FACU 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 0% RemMks: Non-native grassland. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs o Inundated o Other 0 Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: N/A (in.) o Drainage Patterns in Wetlands Depth to ftee Water in Pit N/A (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: N/A (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: So i 1 is moist, but not saturated¡ No glistening epipedons. SOILS Map Unit Name (Series and Phase): Diablo Clay (DaE) Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Chromic pelloxererts ConfIrm Mapped Type? DYes 181 No Profile Descriotion: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0-3 N/A 10YR 4/3 N/A N/A Clay loam 9-12 N/A lOYR 3/2 N/A N/A Clay loam Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils o Sulfidic Odor 0 Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: No hydric soil indicators. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes 0 No ¡:g¡ Wetland Hydrology Present? Yes 0 No ¡:g¡ Hydric Soils Present? Yes 0 No ¡:g¡ Is this Sampling Point Within a Wetland? Yes 0 No ¡:g¡ Remarks: Grassy area abutting narrow drainage near westerri end of alignment; Normal circumstances do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: 1/5/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Kyle L. Ince & Vanessa A. Lee State: California Do normal circumstances exist on the site? DYes I8 No Community ID: HW Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect !D: DP 2 Is the area a potential Problem Area? DYes 181 No Plot!D: pp 2 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Brornus sp. Herb NI 9. 2. Rumex crispus Herb FACW 10. 3. Xanthium strumarium Herb FAC II. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 66% Remarks: Herbaceous wetland. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs o Inundated o Other o Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: N/A (in.) o Drainage Patterns in Wetlands Depth to ftee Water in Pit N/A (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: N/A (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: Soil moist, but not saturated. SOILS Map Unit Name (Series and Phase): Diablo Clay (DaE) Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Chromic pelloxererts ConfIrm Mapped Type? DYes 181 No Profile Description: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0-3 N/A 10YR 4/3 N/A N/A Clay loam 9-12 N/A 10YR 3/2 N/A N/A Clay loam Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils o Sulfidic Odor 0 Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: Hydric soils presumed due to the presence of hydrophytic vegetation and hydrology. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ¡:g¡ No 0 Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes ~ No 0 Remarks: Herbaceous wetland; Normal circumstances do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: 1/5/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Kyle L. Ince & Vanessa A. Lee State: California Do normal circumstances exist on the site? DYes I8 No Community lD: HW Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect !D: DP 3 Is the area a potential Problem Area? DYes I8 No Plot !D: PP 3 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Lythrum hyssopifolia Herb FACW 9. 2. Rwnex crispus Herb FACW 10. 3. Bromus sp. Herb NI 11. 4. 12. 5. 13. 6. 14. 7. IS. 8. 16. Percentage of Dominant Species that are OBL, F ACW or F AC (excluding F AC-). 66% Remarks: Herbaceous wetland. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs o Inundated o Other o Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: N/A (in.) r8:I Drainage Patterns in Wetlands Depth to ftee Water in Pit N/A (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: N/A (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o F AC-Neutral Test o Other (Explain in Remarks) Remarks: Narrow drainage. SOILS Map Unit Name (Series and Phase): Diablo Clay (DaE) Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Chromic Pelloxererts Confirm Mapped Type? DYes 181 No Profile Descriotion: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0-8 N/A N/A N/A N/A Sand 8-12 N/A 10YR 2/2 N/A N/A Clay loam Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils o Sulfidic Odor 0 Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: Soil is moist, but not saturated; Soils assumed due to presence of hydrophytic vegetation and hydrology. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ¡:g¡ No 0 Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes ¡:g¡ No 0 Remarks: Herbaceous wetland; Normal circumstance do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: 1/5/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Kyle L. Inee & Vanessa A. Lee State: California Do nonnal circumstances exist on the site? DYes 181 No Community ID: HW Is the site significantly disturbed (Atypical Situation)? DYes 181 No Transect ID: DP 4 Is the area a potential Problem Area? DYes I8 No Plot !D: PP 4 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator I. Rumex crispus Herb FACW 9. 2. Lactuca serriola Herb FAC 10. 3. Unknown grass Herb NI 11. 4. Feoniculum vulgare Herb FACU 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 50% Remar~: Herbaceous wetland. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs o Inundated o Other ~ Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: N/A (in.) o Drainage Patterns in Wetlands Depth to ftee Water in Pit 2 (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: N/A (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: Open field with high water table. SOILS Map Unit Name (Series and Phase): Diablo Clay (DaE) Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Chromic pelloxererts ConfIrm Mapped Type? DYes 181 No Profile Descrintion: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. 0-12 N/A 10YR 3/1 Gley Chart 5% Clay 1 2.5/5 GY Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils o Sulfidic Odor 0 Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List ~ Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: Low-chroma with evidence of gleyed soils. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ¡:g¡ No 0 Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes ¡:g¡ No 0 Remarks: Herbaceous wetland in open field with high water table; Saturated soils and hydrophytic vegetation; Normal circumstances do not exist on site due to cattle grazing. Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: 1/5/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Kyle L. Ince & Vanessa A. Lee State: California Do nonnal circumstances exist on the site? DYes I8 No Community !D: SWS Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect !D: DP 5 Is the area a potential Problem Area? DYes I8 No Plot !D: PP 5 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Salix gooddingii Tree OBL 9. 2. 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 100% Remarks: One tree. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream, Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs ~ Inundated o Other ~ Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: 6 (in.) ¡:g¡ Drainage Patterns in Wetlands Depth to ftee Water in Pit N/A (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: N/A (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: Open water drainage. SOILS Map Unit Name (Series and Phase): Linne Clay Loam (LsE) Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Calcic Entic Confirm Mapped Type? DYes 181 No Haploxerolls Profile DescriDtion: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils o Sulfidic Odor 0 Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: Not necessary given dominance of obligate plant species. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ¡:g¡ No 0 Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes ¡:g¡ No 0 Remarks: Southern willow Scrub; Normal circumstances do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Olympic Parkway (M&A # 97-122-03) Date: 1/5/99 Applicant/Owner: City of Chula Vista County: San Diego Investigator: Kyle L. Inee & Vanessa A. Lee State: California Do nonnal circumstances exist on the site? DYes I8 No Community !D: FWM Is the site significantly disturbed (Atypical Situation)? DYes I8 No Transect !D: DP 6 Is the area a potential Problem Area? DYes I8 No Plot !D: PP 6 (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator I. Typha latifolia Herb OBL 9. 2. 10. 3. II. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percentage of Dominant Species that are OBL, FACW or FAC (excluding FAC-). 100% Remarks: Fresh Water Marsh patch along open water drainage. HYDROLOGY ~ Recorded Data (Described in Remarks): Wetland Hydrology Indicators: o Stream. Lake, or Tide Gauge Primary Indicators: ~ Aerial Photographs ~ Inundated o Other ~ Saturated in Upper 12 inches 0 No Recorded Data Available o Water Marks o Drift Lines Field Observations: o Sediment Deposits Depth of Surface Water: 6 (in.) o Drainage Patterns in Wetlands Depth to ftee Water in Pit N/A (in.) Secondary Indicators (2 or more required): Depth of Saturated Soil: N/A (in.) o Oxidized Root Channels in Upper 12 Inches o Water-Stained Leaves o Local Soil Survey Data o FAC-Neutral Test o Other (Explain in Remarks) Remarks: Open water channel. SOILS Map Unit Name (Series and Phase): Linne Clay Loam (LsE) Drainage Class: well-drained Field Observations Taxonomy (Subgroup): Calcic Entic Confirm Mapped Type? o Yes 181 No Haploxerolls Profile Descriotion: Depth Matrix Color Mottle Colors Mottle (inches) Horizon (Munsell Moist) (Munsell Moist) (Abundance/Contrast) Texture, Concretions, Structure, etc. Hydric Soil Indicators: o Histosol 0 Concretions o Histic Epipedon 0 High Organic Content in surface layer in Sandy Soils o Sulfidic Odor 0 Organic Streaking in Sandy Soils o Aquic Moisture Regime 0 Listed on Local Hydric Soils List o Reducing Conditions 0 Listed on National Hydric Soils List o Gleyed or Low-Chroma Colors 0 Other (Explain in Remarks) Remarks: Not necessary given dominance of obligate plant species and hydrology. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes ¡:g¡ No 0 Wetland Hydrology Present? Yes ¡:g¡ No 0 Hydric Soils Present? Yes ¡:g¡ No 0 Is this Sampling Point Within a Wetland? Yes ~ No 0 Remarks: Normal circumstances do not exist on-site due to cattle grazing. Approved by HQUSACE 3/92 APPENDIX 2 WETLAND PHOTO POINTS Merkel &: Associales, Inc. (}~vmpic 1'11rkw{~v M&A # <J7-/22-IJ3 Photo Point I. Looking northeast at Data Point II I located in Non-native Grnssland. Photo Point 2.. Looking east at Data Point #2 located in hcrb,lccous wetlands. Merkel & Associates, Inc. Olympic Parkway M&A # 97-/22-0] Photo Poiat J. Looking cast at Data Point #3 located in herbaceous wetlands. Photo Point 4.. Looking east at Data Point #4 located in herbaceous wetlands. Merkel & Associates, Inc. Olympic Parkway M&A # ')7-122-11] Photo Point 5. Looking east at Data ruint #5 located in Southern Willow Sçmtl. Photo Point 6.. Looking southea..<;t at Data Point #6 located in Freshwater Marsh. Merkel & Associales, Inc. Olympic Parkway M&A # 97-/22-0] ~.. Photo Point 7. Looking east at Data Point #7 located in Non-wetland Watcrs orthc U.S. / ",. Photo Point 8.. L.ooking northwest at Data Point #8 located in herbaceous wetlands. Merkel & Associates. Inc. Olympic Parkway M&A # 9ì-/22-IJ] Photo Point 9. Looking east at Data Point #9locatcd in herbaceous wetlands. Photo Point 10.. looking east at Data Point "10 located in Non-wetland Watcrs orlhe U.S. Merkel & Associates, Inc. Olympic Parkway M&A # ,)7-/22-IJ3 Photo Point 11. Looking north at Data Point # II located in Mule Fat Scrub. Photo Point 12.. Looking north at Data Point N1210caled in Non-weiland Waters ofthc U.S. Merkel & Associates, Inc. Olympic Parkw((v M&A # 97-/22-0] Photo Point tJ. Looking east at Data Point #13 located in herbaceous wetlands. Photo Point 14.. Looking east at Data Point # 14 located in Non-native Grassland. Merkel & Associates. Inc. Olympic Parkway M&A # 97-122-li] Photo Point 1 S. Looking east along the main drainage located al the middle of the site. Photo Point 16. Looking west aJong the main drainage located at the western portion ofthc site. Merkel & Associates. Inc. 1t J1- OLYMPIC PARKWAY EXTENSION MITIGATED NEGATIVE DECLARA TIONIINITIAL STUDY RESPONSES TO COMMENTS The following agencies and organizations submitted comments on the Mitigated Negative DeclarationlInitial Study for the Olympic Parkway Extension project. The comment letters and responses are provided on the following agencies. List of Commentors Comment Series L RCC Meeting Minutes (March 15, 1999) 2. San Diego Audubon Society (March 16, 1999) 3. California Native Plant Society (no date) 4. Sierra Club, San Diego Chapter (March 15, 1999) 5. San Diego Archaeological Center (March 16, 1999) 6. Endangered Habitats League (March I, 1999) 7. Environmental Health Coalition (March 16, 1999) 8. RCC Meeting Minutes (March 29, 1999) RCCI (1-2) SDAS (1-6) CNPS (1-5) SCSD 1 SDAC (1-3) EHL (1-4) EHC (1-5) RCCII (1-3) ATTACHMENT. 3 ;0 ;0 ;0 ~ (") ~ (") (") Q Q Q ~ r > It ~ ~ I £ !: f ~ '" 0 rn u H~ ~¡: 10"" ~-<-<'" :- E ~~ o n ;P" n ~ .. ~ n n ~. [I ~ It!! ~ - ):: . ~" . ~~ S <: ß., s: ~ ~.., ~ <: (") ~gi ~b'. I :<: ì~§ E'ï ... ~ (1 ~ .. 11:'" I" ~ ~ 0..2,. '" ~ i ~~.. §I·H ~i!l! 0 ~. Co þ'" ~ : go 3.. '< ~. ~ ~ 'Z ~ ij. ~~ ·~~r1 ~!t h~~ &. [q~ ~~n 2· ~ 1.¡J tHg.~ ;;; ~. '" I I 5·[ a R"K 5- g ~[ ~HH[ö ~ ¡¡r.. ~ r :¡; ~ 6 f'~ g<j.~ :g . s . ª¡;> '" 0 ig ~~Ë:-;5t 5- ~ ~ g ~'<~~ Q ~.¡;~ ß.e:g~.g. ª ..U ilcl~ 5" e. g 5 K~'; ,¡:; <: 0 . s- a ~ tJ . '" ¡~ ~.Ii 0 n C '"I: .. :z: ~J!-~ ~ 11 i ,'; ~ Ii 5-O:~ sK h:~ 0 'Z L'[ . ~. 8[~¡;1'1' ~ 0 ~,g. g- ~ ~ ~ ~g 6~ ~ o· , -¡¡ ~. '8 ~~ :g :i G. ]- t;- () :p . o Q j ~ - E ~. (: ~ ' 0 "Sf·õ ~.~ ~~.. "." ~. jS8. "gg-~ ~ $¡~ ~ Ë. ~ ~ ~ ~ .g ~ ~~.ñ 0-·0 i.. t~f8. l~ ~ ~ ".'8~ "H~B'[ ~-~ 8 U ii~ iJ ~:1 ;; H·r H~.t.p· U i"'"·· ... å t:!. hl ~6 õlggl!.;¡' h a ! ~r i '" Fi" e ö e q~ !t.p it 00 ~ '" .. 8 n·¡ 8 H n ~ ~ ~'" I: B 1?1~ e.!'J[ H ffg[ !t ~ Q 1!!f" [8!l!!~ft o ~ lp:~ '" J1-~ hI t S ~:i 0 g i!; ~ d ~. ~ ~. . ~ " B i 6 . 0 ~ "n "'j '" .a 2C"~ p- ~ ?: H ~ !H I. b' ~ . l !!·r!! ~ " ¡; 0 . g:g a [Ë ..,'n .È.oii tg·;;¡"~.;r "'r- § ¡ ~ ~J -B . !t 1 ~ !\H ¡;;¡,p.~ ~ r &. ,. i~K .~~ q. (")~ª~h. §Ii . ~..¡: g g -n H g i ". ~·6 E'fj;l\.rp '" . õ if .H~ ~H [ [f ~ ~o i 6 . " -·f en 00 g - ~ '" ~ _. if _. '" ~ A cro ~ s: ~ ~ R- a" :. ~ ã-. c. 3 §,"2. ~r::s ~ g..~' 3 Q [ ¡>-'H~~8.["]¡" _. r :!! 0 g 2. R :S. ¡r. > ¡;; '" "i:!J&'¡;:SO ~-~ ~ _ ;, _ ~=. s; . ~ n 0 "Q. ~. 11 . § g ~ ~ -< g. 0 § ~ !\ o!!¡" oco¡!l¡.- -g s; ë. ~§"O g'~ 5.° ~~.g ~t!1 og~~-:!.g¡f!t¡¡õ E ~og ¡;" ".2.". _5·-~ '< 5n...&;'~ ::r"'n~o -:!]j ~ õ' t:!. So '="> 0 n þ ~ .-.¡ fJ :2-::S50g~~g'0S- g. '" § X' 5· - ~ § ~ g, ~ ¡¡ 0 :;. -.J '@ ;i z. ~ s. ~r~'" < ~ a"'£; ¡:r ~ ~ õ ~ G" g ~ s:- 3 e: :,-'8 ............. \/:)"0 en þ en n þ 8 " ~ ::T'Vl3 <('¡ii"O- -0 °Z6ro=rn::!cnOg""'" ~ ::In"'[<O;1 a.e: 0_... en .... ¡::.... fi::s "0 -g~;:.-''''tI¡:: dMg-....OCd 3 ~ g §::I ~ 8 ~ en g- 8.. 8 g' I" _. '" g' ~ ~ 0 '" = I" - ::s ..... ;;r'" ..... _. 0 VI ..-, o :;;. 5- 4' ~ 0 g ~. 5- &' ~ ¡; _. ;a,nooQ §:2n-:;'-~ ~ ~ W ~ g 11 _. 5. '0 5 0 ~ ë <: ('¡) 3 _..., "0 ao a. ~ _. =. 8 ~ ~ -g Jg s. "8 a ('þ 5' ~ ::: ~ t11 -~ !J. < a ::1 g' ~ ~ S( -;;;- 0 ;¡¡ X'. "0 ~ õ· - 2 :T ~ ¡:: Q __ <: »..g 3 ::J.::I þ 0- n jfg.¡:; tT1~CI') 0 ~:;.~ &.§ 8" . ~g;¡¡.g&!¡;'51¡¡~~",~ .-. '="> IC.. ;g 3 ñ ~ ~:3 !:T 0 3 ~ n ..., 6 g a. "J ~ n < ~ ~ _ ... þ ;;3 ~ g I» 3 §. e; C/ ~~:5!8"~g:g:=:1» =-.~ 5.",O§ q §: ~~ -~~ 3 .g ~ m';' "0 § þ n 8 g.:;, ~§":;ø;;ane;o..~gëñt.1= ~ 2, g m ~. 2. Q;'I ::r ~ ~"'8 a ~ ~ g.;;3 ~ ~~. ~ ~ ~ 2. ~ '" I"'> ~ ¡.. g,;J 5-0 o '" on -n Š a ~. ~ i~ '< ~ n _. c g 2. ¡;:s co.;;:: "ª-~ o " "':T Z'" o '" 00" I" - - '" :;:. \C) o '" X's " !". ij"õ !". ~ õ' 2 ~ª" '< 0 - " :T" o 0 < '" _. n° n~ I" " ~ o '" § § _. '" ::::-.< ° ~ ° - . ~ ;J ¡;;. " o § o ;1. '" ¡¡ ~ " 9- '" '" ;¡ ~ ~ 5- o o % '0 is· '0 I" ~ ,., ~ '< '" x ¡; " ~. o " '0 " ó1. o " Q§¡!~-g;J ¡¡J "']a" ñ' ~ n -.... ::r -. n en="" 0.= ::0 0 c: UI n < ." n g " ~ t;. >t'11-<:T~d a.o'O]8§ g >8.!! a g ~~ª-~§: g ~ ~ô g ~ ¡;=:<"'cn!!. "'d ii n :: :;t~ a (/ !!. ¡ç n _. = .., 8 .. UI ~o!!,,¡¡\g, 1ñs-~9'-~~ '< .., ::. =-. n ",~!:t!10 ~ n....;:' :: S" n 0. õ'< ::r g ~ < ::0 en ..9. 2. g "'1j5-non » üj' a ....., :r ~ ~ gJ ~ - 0 - (I) n § ~ : ¡¡;. Ë!. o.::r~Õ'X' s-:;-~~< n 0 Õ ::s n oa.¡J~·õ S~ñri~ '<.... On :;000"'6)::1 gg'<'<.... n 3 ri :;d:::!2 :::r'"'Q,. ñ' § § ~'< ii n "U ...... ~ ::s :r.., ,v ,:;,. (") 0 ()5-o-g~Š :J n ..9,. o 0 §B~~("11 o..»o£,Si3 o g;;!'O'O"'OI"!iJO=""j ~ ~-11..g .U 8.00[.2.5: § î Ii ~5-;¡~!!~íl <;.!!.h:¡;] PI n 3 c.. :: ~ IA li 5' g < .0 !i-gg -:=:E:.'..'2.!!!:! 0> '" ~ ¡;; [~~ § § ~ '" ~ ~ ~ 8. § g, ¡ ~ ~ '8 ~ l &. i FE ¡¡: ¡t. é': ~ -;;- 5" õ1 '8 0 g !1. _5· "Ø (,I) -.'-" !i .... _...... 0 :,¡ 11 [::; t!1Jr~·g ~~. ~ g . '0 =.=E; ~~ìH! ~1i"''' o 0 ~ So 0 ª _,.-.. r:!. 0 == ? n"'''' S a" :I. :::r q .Q ~ CD ::J ii ª m ~'R n ~ "o~"05ao~g:::' Õ'~n .., _6'" So::s~!1»"':3 .....- o 0 ~ "0 :;;. ¡¡ ¡¡ g eo 0 if a. ~ e ~ n ~. 8 0 ~. _. c 5' PI ? tI) ~ !:To :r ª a. ~. ~ ¡ç § 00 ¡;" - ~ ~. 0 ~ ~ g 1?. ñ fiCIQ !!. 5'~ ::s ~ .... ~ .Q .P "'!". g !1 2. s !". § 3: 5Ö1 S'õ'; ~5'Erg Q.Jg =..""I1:;.=' -r;¡= n £..e. :: c."' ¡=ïO ¡s 9':þI cr(")-õo == "':< 0 ñ ~ š.. a t11 ~ :E ;' a ñ c:.~ c: CI J:) n ::s _..., 0 _. --.. VJ :::I c.» - 5- <: .... "'0 .., g- 0 !1. tII nOn :;. Er...,o-::ICOO..,o....., 0 n ..g. a. 5' 5- a ê-. tIj c: g g § tT1 R ::;. a n !::"Ia ;i ~ 5.0' :S. :S. n t:::!.... ... ~ _. .., .., ::I """"O§ ~ti3C.';'::;-:OO6,;" ~~¡¡~¡¡5-~g.ns; ::IE(')neno~_~ .an::l n 5 0 0-; en 1»'" ~ -' ::I þ ~ .... ~ ~ ~ g- §", ~ ~ E. E..:.z ::. õ ¡;¡'::S !],O ::I ::I n.., ~ < ...._:-.g.enn:Ln§(II non ,., (') n 0 "0 ::s S. I» .... C. .., g, ;;a .... .., ::I .., (JQ~ n - 0 g 8 ::T 0 tTJ::I In ..," ~ ~, ~ - ~ g. '" 5- '" ~ 0 ~ ~ _. ~en~enn"""==I '::")() 3 þ ¡;¡';::r r::r - ~'o Q 1:11 Õ :::. -- o~§~ ~.o ~ ¡r~ ~g ~ c.Q Q'õ >&"~ :;. "0 3 c. tT1 "'t:I Q "0 5' "0 tT1 ::rJ ] ~ ~ ! g.~§ ª ~,~ i ~ R õ"'Eioo ~t:°n(ll~ ~ 8. ~ "Oa ~ r1 tn "8 c. õ' ~ - . - '" /I" '" ~ § " ~a Q'~ª- ?fVl~ ?3Ä.c."O;i '" õ y¡ 8 õ ~ ~ ¡ 8. 0 '< 5'3"'g tT1Y"O S'~:i~ ~ n þ ..2, I:::j I» 3 !!. ~ _,.... g !f 0 ~' ~ c¡ à. g S. I» :::'I 5" ~, n~~!ñ I» s:-~n':< 8.;¡ 0 ~3" 1""'0-5->'" § .0 '2. § ~ ¡¡. t'1 § 0 ~ '< ~ 0 n n C. Q.. a ¡¡; ..-.. en 5' s:- ~ ::s '" 'O~_"'§",o &' " '0" " 0 ;; '" _. n I" - :T ~ E 0 ~ ,., 70 g' ¡¡ _. '" ~. o ,,3 :S. ~ 0 '" < _ -< ¡¡. 3 ....., < t: Q..;::r 0 <: n n "0 5"-1» &"~ n Q6Qc.~en ~ n'<::. "'On.....og()~~ "0 <I»a°'-'::I-:r~v. " '" ° ~ '0 ~" 0 '0 " _. ! oX o~O"'I»-:::I g. g ~ g ~ :;' S" ~~ I» ~ ¡:: fA ~ ~ Ä. ~. '< tJ..... S < ::::' (II _. '< ~ ó VI!}... .:.z g ~ ~. ~ Vi" g ! ~ 6j ê. 8. (") Q..~no5"-~ Q ~ .....,¡ 0 1; ..g ::r"O n g g' <J::: :=.,9 ::T""" I» - Cf. 3 "0 < ~, ='1 o· n ~ '< ~ n 0 º - I:j' So n("),:;:>,,;::r ::;!l::l~~o 0.. .... ~ n e; .... -. .... g ::; 2 5"- m Vi· :=:"0 I» ~ g ::2"0 n 3 n '" 0 '" '" _. '" 0 ;;;01» ~ ñ (') ::,t' -::I (") 0..::1 ~ ~ ....::I°o"'t:l,-,"'t:Io6jo ~ a. =. 3 Q'Q §" tTJ ~ < -"8 ~Z!è"8 @ 5 ;¡¡~~§'y¡ n n _.::1 3 :;. 00 þ "0 "0 C. O;;~ 3 g Cf. (JQ 00'< 3 ~ 0 -=."& -m"!>65'g-- 0. < ~ 0 ;¡¡ ~ - "-. ¡;; "'Š ¡;¡ n Jñ .....,,-, ~"::-';' n "0 ~ t""J 5- '" ~ 0 - "'8 _. ail"aO;¡¡en¡;en~;:1" n(')-· "''<8"o!li'''CI ::s Eiï=·"Q.-o»~c.V!'-'~ -~OO e; ...._~'< 2."''' 5-~~5~O§"s- ;¡¡~ ~g g a.,:-,~ g.n~~~ {~! § l 'h! t n 1 3 ~ 3 ~ S· g '" 8. ~ ~ t l s. b' l l [ t . . :. s ~ ~. ~ '" ~ ~ g- <¡¡ N '" '" " Q ",no[ Oo&- ~.H~: So 0 ~ " - ~. . ~.~~ ~ o FË 11 e. ~ - Uti H"'~ . t¡¡· 0"5 :I. ... " . ..¡¡-tl'" ",g8 g"'i! - It g . q:"8 ~".!!: ...s" . E t U~ ~s..l !t 5· E NH i:p s. '" ~ ~I·· g é[ 7 ï " ~ n n " ~ n Q " ~ n Q '" ... " Q 8 t~.f.~I~irn~ ~[~¡l~~-~r¡ ~J!~ ij~~â ¡j ~ g-g:-<ä" !r~g ~~µ~[r.hllw~Re I~!!.~ ~ ~ ~ ¡;' ¡; a q II: t g. ~ a If '!} ~ 9. (") Ê tH . hl~ ~:ß ~J8J~ i~1\ I!, \g·i ¡ ~ i1H! ¡hi ~i~HH tH~ ~H l ~ ~.["i J!.~ ~8 h U'H;; It i?.E .0" ~ b' å îit \f~{ ~ ¡}!H§ lili ª it l. . f;l~ III !~~ail III ill g ,,&. s.. c.f<if~o", s~~ ""-~ I~~E Bar i~?.~J( ~'~ I¡~ h.~ ! Ii ~ ~ 8. ¡¡! ~ g :I ~ Ii ~ - [ q¡~ tit HHH lill1~ IrB~ tiE l~nLI~ if. g~ BRId ¡¡ft.!. g. s~r é[ fs. ~lR! !tiä- 5·E~I'i H [.~1 ~:;., L!_ ;..e r ~t- ]h ëg H [ ¡¡ ',; ! 'I} '" ~ ~ i . ~ ~. sag· ä ä5.~ .il ä-Ig I &~r r .[~·rg· h~. i ~U ¡; l"'¡ :t~~ l~ ~ ~ 1!. S r Q II' ~ d lu' ¡;.!!. . ~ ",-~"" _"'If 1<.5·.'~ ~~g, !!. t!!r l!j 1i II~ 111 9. "2.0 ;§ a~ ei~1'> ~·n .~g ;\;,.. p ~ . g c: ~ ¡::: p-... Õ' ë: s.. r. õ ... In ::s .1E _. ~ o.::s .... 5. n ~ n ~ E. ~ ~ [g Õ .8 ~n ;y e a ::tI ~~[~~"~ =~~= ~~=n Sg §õs.1Eã:!::.. ~"::S !"') ¡¡~ ~~3¡¡&w~~~I~!I~~~ o ~,,§"==- ~~~~~ i~~~=~~~~~5"_~~~O~ < ¡<¡ ¡;; -.. 5" ~ ~ _. ~ = ,,"" .. -o~ 053,,· _.-005"-5"1 S' 8 ---."'1 ~. g. 5' ---. ---. n ,.., n ~~ .;¡ E. 5"~ <iã. ~ ¡¡' õ· '" og E." 'ª- 0 _~no.n~~:::'R::Sf:aii::seS' .:; § § íf ~ ~ õ· § ¡:¡ E. 2 is. ¡¡ :;. 5 ~ a nO'.... .... ::s ~::s .1E n . c. n S' ~ <~~~~q~ c~~ <-~~5· ë: en if "O!Ç. a ~ _. - t; ~ a g ~ ~ 5. ." =""8 8. ~""8 ." ~ § ~ !1? 00 Ô ~ 5" 00>~;1 ~l<i0n¡¡'-· 5"1°" I a;;¡ ,,;;¡ '"0 Ä.~ " '" ~ =.'g. ,,'"0 :3" 0 0. 0 0 _. .1E :S' ~ ~ 0 :S:l. n 2::.' ~ a- ~ n ~ 0. n::'l ---. ~ ß ~ ~~~~~~~!i~~~';~~~~ .1E ~ ff."O en n :s 15 =1' ~ ~ œ b. s::: "0 § ëf a ~: a S. ~ i? g ª ~ =: g.:.~ a ~ 8 gen~~n~~o.o.....~::sno~en< =. ~ Q ~ < 5 ~ ,; n a 3 g ;i ? ~ 5 9. oono.~o.oo;i go.- ~g:s ~i~3E&a~~!......S~~"O';~ "00 _. g ,,~'"O = < - " =' a - = _. =." ~" 3 =. 6 ,,; = _. =. t:1 - :1. ~ 0 (JO 0 I» g. ~ n ::s c: - < VI R fir 0 :s :s :s I» ---. Õ n 0::s -"'-<::::;' I» - < ""1 ~o.~~,;~o.~......æo.=o=o.~~ Š- "R @ :s ~ " ci' ~ S' gg 3' ~ § ~ ~ .g ::1 ª~~~""1~.~~~-'~:g~Vl35· n~~O!~-.nnQgn~::s~ga <l»o~~:s0~~::S~~--C:~o g g.::s 3 :: 'ì:I § g ~ ð ::: - § ::E ~ 0 ---. _:s~ :so",-<::~~::So::EI»I»"~~ ~ e£q~oR°I»_~~cn~.~n ~ 5'''9. ~ _. ~ ~ ~ ~. Er::S !!:. ¡ç ~ ~~ ¡;; _£ &i ¡ç (") ~ ~ 5' 5. n g en ñ::S §..9. '" = '" _. " 00 -." ~ § n ó' n g Õ' _ ¡;; :J ~ ~:. £~. a 0. ñ ~ :r.... ""1 2.. ~ 0.. Ó (JO 0 ~ ñ :::-.0.3 o..~. en ~ Q I» 0 ~ ? fÞ ÍË ñ 0. :J n n ¡:;. (") "'I:;! _. ..... :s n "0 ~ _. (JO en n t:¡ I» > C§ ¡¡ 5" 5"!!( ;1""8 ~ = :-'~. ¡;¡ g ¿; (") 3 ¡:¡ n Vi ~ ~ ¡¡;. :::l 2.. Er '-D n Er (JQ 0 :3" n n_o.o::r::s~n~ "2. i1 ;;: Õ ~ :š: ° 50 = _. ~ § s.'ê ~ ~ = ;:¡" !1 3 ñ vi' ~ :;. ~ e. ñ ;:r':~ Jt ~ ~ le< 8. §" 8.;:' l-§ ".;: ~ ~O'~. ~ I<i§on ~"'-<::~>en ~~,¡:!r . ~ if ~ ¡¡- 2 ~;¡ [ ~ Õ 5" I!' r [.0' g".2. e¡ g ¡¡ g ,,[ 8. '" Q !! ~ ¡¡-", en _. 0 èS ro ¡ g g '"0 ~ Co ~ ~ì --i ::.. a g'Ãñ1 c~~:: 2:A .to. = ~12 § ;¡ ,,3 "g ooA ~o..en-i t-.Jo. e¡ ~ g 8. 2. 0 §" n = 0 .to. Q. ~ § a ...... 0.. - c.::s VI A 8 ::: o.~' en......, :-g.'i 0 \o::s aO.Ol»oo...... ~ Ë. ~ ¡g g' ~ ~ ~ g. n 50 ~þj'CIa" nl»n::s.bn ;;;r_=:3"O"'n""1~Vl5' n _. (") _. ¡;;) ::s ""1 n I» 0 ~ 0 I» -::s n VI - _. c.::s =. ñ ~ en 0 õ' - =. c-: "0 g 0. ::E _. ° ...... Ø;- s:- E:. I»~. .....:::r------.::sn" _ ~ 0 _. Õ (") 0 ~ '^ n ::s n 5' - '" -4 ~ ~ ~ i2 ' ~ _. . ~ VI ::r' ;;;r I» t:í.1E (JQ .- 0. 0. ~ _. n 0.. en 0 n ëij' '< "'-<:: ~ c::: E;- n ED -' - ~~~0~~g.~[~~~ oõ' "0 ª n I» VI <: ã: ~ :r I» ~ U ::s :::r <:; n Co! .....o~ :r0..:€~::S0..0.. 2.. ~ -"'-<:: n I» 0 =..g ~ ~ a" (")"0 P ñ ""1 =:I _. n Z ro ""1o""1ongVl n 0.. Co! 0 ° VI:š:---.o.en en c; ~ ~ ~ ~. I» ~ ~ 5' ~ ~ _. _ _. _ n VI 5- n n ;i ¡;;) ~ ;?,~ a ?" ~ n ~ 'CI ::s _ tT]1";¡ en n'" 00..0::s009; 5':=...2. [3 Õ'~.:;...... ~ .b =: g A e; =: ~ ~ ~. ~ I» iv f!. 0. ;; ~ ~ -g ~ 3"0 q ': en S~ õ' =. ~ ~ -g ~. ~ 0 2' ~ n ? g =:~ 0 Co! 0 ~ 0.~:5 (") ~ ..... :J ---. U ':.< ~ Õ '" . ~ N .g ¡;:~iõ'e¡ =.~5"-4 œo.<" = ~ õ. g 0 7r 5. ~~ º 8 ¡!. 2: 0 ~ 1:-' ~ Š ~ 5' i!. ii·q go: R-~ "9. E ",-<::--6 þj ;i ~ n (") ~ ° ~ (;' _ _2"'1:;!~R::S~"'I:;! . !f.g 0' ~ ". S g-~ [ ~§~ :¡:lÃ~n~~ . g ~ '" ., = '"0 :g .... ~"'-<:: g '2.. ~ ~ "'-<:: 1I~~~-8.i!"'~ ~~~-~~5="" . E.Q""~"'§ ñ1~o.~i1~I»~o. ¡;> ~ 0' ... _. ~ ". " ~ ~ n n i:5.. 0.. n 0.. tþ ~1<1ª g"'"O~5'" o :! .- en ""1 ,,~ ~. _. 0" II 01"'-<:: ° S:-:i_o;!I - 00 ~ < _. n 3 n· -. "0'8.::s0.. ~ g _ 0 ~ _. = " -4 A ""1 0. _.:J :J. o..::r' :€ wac: ~ ~ =. 5· " ~ ~ ~ ~.~ "s c_ :J :J){ n "0 "S!. 'CI 0.. e; (JQ ë.. 0 VI :J. ~ a t: g R- c:: ~ ~ gOo'::;;. ~ <'CI g [T a"o. ::E :::r ~ _ ;::t::I _ t::! _. n :::r I» ° I» = n ;;Q ° 0.. _. < "0 :J :J ::s U Õ'- n"So..n- ~o :::r ~ en ~ VI ::;> _. r-_ I»n°I»Uinon;;;r o.n~::S"'l:;!23E:.n ~::Soo.:þ-_o-...~';O n ~ ---. _. <: n n ~ ~ ~ S· ~ Q ¡f- ~ n ~::s n ;. n =: ~ ~ Õ' n8..en=tTlÕ'~~~ ~ õ ~ ~ ?3 ª. n : ~ .2_(")< ~~"'- n'n:;~t:::Doo 0.0 g. 3 0 ;-" o:J ;;::€ _.~. 'CI:::¡ e; U I» 3"'~¡¡i£~~Õ "CI -::: n 0.. <: ..... e; 0. :s I» ~ ~ I» n _.00 !? ~ 5..... 7f i?"::S _ _. § cO ~ ~ " !:r 'S. o ::s o..;:;r t::;.VI ::s n ~ "0 n n --::tI ~~ª~(') ::s s;rn~Q - ¡;; =. J.. ~Þ' _. ~ ~. _VI -1"1 ¡¡ _. 0 - 0 = - - õ' Ž = = '" = " =.°3 3 _. =.: < "0 -...- n -.(;.tt1 0 !!:. ¡ '"oj õ' ~ ã[e;~g ~ 0' ~ &f -. <'<I»_~ " 5" ';0 (") § is " >'8.~ ~§nã n =::1 < ::sg~Õ'g" g ::E ~.~ 3 3 ~ 5"-. _. 0 3 n =. g; ;i :3-: en~ ñ õ(JQ § =. ~] '" 0 . =.8"= g ,; !!:. ~ VI 0.. ñ 0.~:~5 ~ " ~ ~ 3 õ n n Co! "0 ..... .g "'-<:: 3 § 5ífg", 0..1».....::1 0''' -.§ ~'"O= ~ n sr- 0 ë~ n ri p..""1 0.. _. 1"0 c:: = ~ C/) 0 (JQ en ." = 5"'"0 ~ I» n A C/) £ 0 õ' . ~ 7 V> :þ-a"~:>- _ '< n !? w ~¡¡¡~~r¡( t\ m:g ¡¡ ., !J ~ sa§ e!.o.~ !f~m~â . ., ,L, sa n y¡ ~~>.O.gc.Q S'. u. 3 _. " n ""06 :::J t::.. =.., - !J S' o· n!JQ y..... n ::s 3· Œ § :g '" '¡.j ~~o.§§- ¡;~¡r;rn §.EC"'!';C1o; o.'S-l:;~n_ 30\~:3::18. :::.: O::ao;" [T1 a: ~ a;' 0 n !:i3 ~ ;:;.. ",;;:C1~t""1S' n:;r""C'T1ñ~ 0.. n ::¡ !::::I <: n = 5"::3 ...... n VI '" _. I<!. '" Õ S' ~ ::......:j 0"'0 n :g ~; 6 3 ~. =: en :.; - g _. g2V1Y.-ti o-o.:::OO."c:: ñ:=::'.gS~~ .-.s. _<-<::s..., o :;:: e:: "iT1 !!. g. õõ" 2. e ~ ~ n~::In__2.. "'0 n (]Q ::r m ac..'"tICfJt::'JÕ ~. z...... n ;;0 ~nrf¿~oos- .- QQ ...., _. 00 n -' ;.3 g 6~ ri en :g;;~. 1(:8 ~ O~ (") _ _. S"::r - n ::s '< c.:o ~3OQ"ri ;!J ~ § "'- g~gg.¡s ~-J~~i~~~;~~~~~i~ go!! ¡f ¡¡ ã _. .. <!9 ~ ... n 5· 0;. ¡;:.¡¡ 'g p.:r ~ 5' ¡¡. iiJ n 5 ¡( ~ e, 3. 15· ¡¡ 'ª. S' 2. 2. ~ ~ g. :: ~ ~Ht ::I" ~ tj" ~ i1 R' sa, ..g ~ ë. cß 8.. !io¡f~I~n~~~ ~O::~~ S'''' 5' ..:r"" ¡¡ 8 ° ~. 'tJ n S'~~ ~¡rI5·g·1J ª ~ "."-i.! nl!:".¡¡o.~_= ~¡f!J=8§'8 i ~ ~ ~J' 2. 5 (If g § ¥ ~ I ¡¡. ~ ~ ° i ". - '0 g. 5 5· ... 8" S' n 0. 8. - ~ s g If 2.. g a ~ R' ~ ~ ~. ~ 0 ~ g ~ g, ::s '< ~ s' g.. n fJ ::s'::s ~ ;. 3 0. [g. ¡f § ¡r 5·"" !i g ~T; &. ~ 3 ~~8~lrrt"'¡¡~r}Y¡.KI! ~ a;¡ n ° 0" ~ ~.. o· ~ 0. ~ 2. ~ '" _. --. 0 "Si!: "g. ::I ... c:: c: VI () ~~~I§~,,~~~~~M~~Q ~il2.l~g8.;¡;g§ifl~ '" :r !O. -... n ~ ~ !:\... i'! ~ n = "" Q I» ~ 3 :;-" t; ~ g, _. ri 2 5 VI I»~. ~ ~ ~ s. ~ ~ ~ ~ š ~ ~ g. ~ ~ g. n~ n - n !ñ ~ 0. ~ " !ñ ~. ~ ~ _. e: § ..g - ØI 0 ~ _. tø::l :r ~ VI 5 "-0( n' ..g VI (I)......, '< ::s ñ VI Q. n 0 0 ~. nOn S§= ~IJ ' ~;"""'Ë.i;;:::I- ~ ". 0" ~ g 5. ° ... 5· 0. S' 0. ~ n § ~ ::!. ciQ" 0 ~ :1 n ~ ::r O'Q Ei- n r¿ n ~. c. ê D:I~c.Þoc:::nnn:S;.-:=g~...~ :;- :::. "0 s: =: "'0 .., e- 0 VI n n n n <. 0- ;.0 a :jo-<<\ ~ Pì ¡¡: x: Co"" o.g ri = ~. _. ~ = ~. _. " 0. § - ~ ~ - ~ n Õ'g g.;.~ Erg C 0'0.'<.0 Q.s ~:;:: O'"ñ'~ ~~ &.~3 3 ~g ê.=. ::I n :g ;;;;'::r n n O;:r ::::: 0. ~ _. =. ::I 8" n := n 0 0 cr" Qj'1::s n ôõ' n œ ::s 00 -. ~ g :.. a- ~ :s s. 2: -g 8 ~ ;. ~ g. ~ 3 "'O~~ET~8"E~o.~5·n::s::s_.~ .9, ~ § n e¡ Er g ~ s. 2' ~ g. ~ 6-.g Vi R _. 0 en III :::J.'" ::1 := ~ !:; e 0 ~ ~ Õ :-.ð ~ g. ri ~ ~ ~ ~ õ' S' ~ ;: ~ &i ~ C:OVlOVlVlr-.-..,::SVl-C:::°O~ ~ ~. ¿ Ë. 0 ::::r c:r < 0 _. ØI n ~ ::I 0 Vln<_......,nnn.....,::IVI::I'"V., ....... p ~ 8:8 ~g ~~¡(§." ¡; ~.!! ~ ~.. - n n .,,~ . ~g,§:~~ ~ ?'õ~æ . oo~ S':rs¡"~'" '" e,¡;.C> ° in g. 0: Õ ii' 5' ~ ;; ~~ S' ~ _. 0 S' ~ S' ~ n ¡¡ !! '" g ¡; .., _. !O." - 8 ~ ~. ~ ~ ~. n 5· \1 ~ h ~ ~a'< 5-~~ g-åo ~ ~ ~ !i. ¡f ~ 5· [ g '3 S' ~ ~ Ii" 5· is: g 5- ã ~ o' ~ - w !. õ - 8 ~ n. 0 ~ '" 8 I.! ~c§ :;; ~ _. - ~ 0 _ '" 0 nf»°~sE:~·· '<""") . 8 ¡;?'1!~!: ¡:;¡~Sll!1.ª- 3. n :E ° 0' ¡;... _. ° '19. ~ g 0. þ _. -. ... 0.. VI i'i ëL g õf] å Q!ì8 ;'C>" "" < ::I ~ §. J:: a A !; e· n "'- S' S' -'I ;¡ 0 -. ä :;. '>< =. is: c::: n _. i$ "Ö ......,::s n i!! ::s !n 1.1 '=">~ R E:S-OO n ::r(!OQ:1- 8nonnS'ñgriC"" ¡rS'~...,.~ ()" 0.< II:; ~ _ _. 0 S' .. 0 .. '< - Ö. n¡;;:::In::J§Q::Ir» fDÕ' X· 0 en 0. '3 o..~ ~ .., ~ ;I g: § 3 ~ }ï R- n' ~ ~ ~ D..Rno-§§ ~§~<êi S' It¡ (") 0 § 0. ." - ~ _. n - o O~Q;I::"I~.g¡:a3õ.g It¡ !'i § '" ¡;;-;='" 3 - ~.", 3 ...... .., ~ 1: R ¡: 0..:1 R ~:;.';.<~.¡: ~~ g ~( O g g "'1j nOn ~ .., =." 0 :;::....... 1:: o tI.I ::s ...... :i 0.. =.'" ..... ~ ~ ;:;,. ~ ~..:;:~ ::::C::~ o~::S:7~ _. n _ 0 .. i(! '!'; _. ~ n _. n~Ctnø; nU)::r..,::s Q ? 0 õ: ;;t ~ g ~ "8 ~ ~. ~ ~~3rit:¡s:ø.rU)::1~=.n o ~ ~.:I n ::s ::s ¡: õ'~' U) 0 ? ØI ::s = '2. 0.. 0 ::s _. n 6t ::s .... _. s:ø .., 1::::r ::s ¡: '< 0.. ....::s ::s R ;:;, ~ 0 OQ <" 11. - ¡;; ~. -' .., en'" 050 E..~&"O&:1§ ¡; ... S' § n _. n ¡; .. n n '-< ::s n 0.. g ñ'::s '-< ::s PO::r :3 ~~'O n" g...... ã'tI.Ig.~~Çj~ '" g ~ o."ª 11 0. -H "" [¡;. ¡¡ sa!;! \1 (") i ~¡n¡¡ ¡rt~~~ ~~t~~ g. ~ 3 g "g ~ g c. _. ëJ -- g ::j a.õ[~Q ~i~'H ~o-~ ¡¡ o _ ~ g:; =!O. '" ¡; :g :;. ~ ;:g~¡¡i5.¡¡ o.z!Jn'<§o g. 00 a s. = 0 "g. g 'ª q. [ t'1 11 ". Š'.~ ~ I{g. 0;: ::I C.O S ~ g g .r XI ~..... ~ ã' g. ~ § S' m Ii ~ ~ ~ ~ 0 ~ g' 3 ~ Çj g cro R sa ~ ~ 0"- ¡;:r-",n¡¡¡;4'_ooo"" '< §..:3 '< Q;I ê!!.. g ff - 0 g' 00 ~ 02. ¡¡. g ª,;<J 8 ª- ñ "-.. ~'!'; "'- è § () ~::It;::"I ~ 3 -.., '< g. E; 3, '"t: ~ g § ".;¡;g:ro: § ¡¡ ""§? 3 "'ifO¡;~ õ' t..J õ' 0 0 0.. ~ g C S S" ::". ::I F ~ ~ 0'" ~ § &. ~ 6t:g _. '< g = _. . ." ~ 0. 0. 0 _ -ª ~ '" '" U) = ~. c:; <::::1 0. õ' =." = ~()"':rO ,"-<:..a= ~=~~ nE'OO¡: ;:rOt/Jn n~n.g;:;, .g ;::¡ a ~ ~ Q =; :1. ~. s- ~ ::r ~ ë: :;.!J ~ \1 ~ 0. ¡¡ § &" ~ - a ð n =: ß.:=.2..nn n5no..¡:tr1:3"~ro.~ '<O'"~"'ri (i'<;103;¡3Rn n ~ ~'< ~ 110 Õ g g ::1:3 '"t: ëJ ~ 0 = 0 Son ~ '0 U) --g =r:I1S"-'" 3 8 g:¡ n :r!". 3 ñ" :;. "" fJ· sa = I( S' 0: 3 _. (") n õ' n X n n 0 r:I1 < R Q . n ::r g:¡::I ~!i:5 A 0. ~ t::I !!.. ~. p.s:ø¡::J. ='O....;N0i:"'O"" o ::s - Vi::¡:; _ _ 0. 0::1 .... "0 a c:. ~ '< f:I = _. ':"'I - ..... ,,,":::: 3 ~. 0. O<=tn -0:;';~."O-""'· go.. ::s _. ~ n tn.., R g ~ ':-' Ò g ...... ~ 8"S-::sg ~?8o..R-I"-:;_~ !] O(l ......030,A.::r'=-tI.I2.. (')õ'ë;R(I '()NO::sÞC:: ::s -'::s 0 3::r 0.. C n 0.::S ::s _. 0-<'110-1 1»0300 '"t: 0'"::I .- on Þ=~"'o""'::S~"'oo. =.(')..,0.. ::I0o.::s_nno~o ::S0"O D..::¡:; -::r¡: 1 ¡; ~ § a ~. ~ '"0 ~ 3 n ~.};1 C) =..; ? n "0 ~ 0 Q;I ...... ¡: s- 0 (I n_· o ::::.: 0 !1 ~ 0 g.. _. ~ :::. rr1 ~ ::I o 0 ~ :;. 0 a _. 0 g. 0 ~ t::I ëJ :;. ..,::so..n :3____!;j....._.....o;..v_n .þ. g~~ 3_n 3:rn ,," - "" do ¡;;" - 0.8;J Ii: 6. n §:<':<' "nn "nn ,. 3 ",3" -ß" ~ _ "'. -." ~oo ~ õ' ~ ~~I: Õ 2: g " - ;:;"'0 5' 'Ë'ª-B. ~ !! § " E: - õn::': n ¡:¡ ~ ° " ~ ~ g :r gOoN ¡;; B.:O ~-::;; nO", ngo<' '" . -2:;J g."" o 2: 3 " " ß ~;:; =. ~'8~ " 3 ~ 3· " 3 - " ° " g-nj¡ ;;'> §~""g,~-[ "", I· ..:3 = a 0.'<- g~. .¡ i~ n[ã"J ~'< 9' e:~,i;:'~ ~~,,!] -." -g i ~U'[~ ~ Iii." ~ 1< e: S· < :I: 5- g.oa 5!. 0 ~ :r¡¡a_~ ~ '¡i _. :r !! aq ~ô ¡¡ - ~ - It ~. 0. ~ ~ e¡. ~ "" ~ ñ· n Q. ~ ¡. ""'0 ¡;¡ :r "'. !i E: B.'<q. ~ _. ir =- 5' .. :::scC\P« ~ o· '="> "n,,>!! ¡¡ S·~"!õ. ;s, '="'0 OS:r o Iii ..... "aft-'" ".. -q ,....ow~ g õ' :r ~ Ë <=e-o.. =ïS'5~'< 01';000........ ¡¡ g '-.,... º g c;> ;J ~ ¡; 03 ;J _.;1. _ n ~ (1 ºJÉf"'C if!! [8 ~ 1!. .. '" 0 ['"g "'0 = c.g (' _. ª i ~ "'. - en ¡;; n g.,... e." g ~ '"tI 0 00 n .. .., ¡; '" ?,g - ~ en "'." g ~ ¡f· .. 1~~ ¡¡ á" [¡(~ ,,~"'b 1iJS·I 'ª- ~ "'!! '" ~ ~ ~~ ~ ~ ~ 1 ~o i § !: n _. Iii] " 3·'2 r ~ " =. ~ CDM Ø".=Ro. c. Ii'..... t::) < ... :r g q B. !!. 8. ã· !i. '< ¡t",~;¡ "'¡¡ =å ~. e :r ;;r .g " is õ ::S4c-IB=_oo vï n ~ 5: 0 [5''-< "a~gõ~Q.Q~ < g;; ~ ¡¡ II .. _. _ .., 5'" E y¡ 0. 0...... CIJ n 3 Ei- 2.g'"tl"'d~g(i(1 ~!2'>aíi¡;¡r~ ! !õ ~ '8 S· 6· - 0. ::Sn~OQ=qo .., èS..n· 0= 2,U i[>.;;;¡ :;';3 c: ,,~. ~ ~ n 3 _::s :::s ~ ~ g íi~ Ñ· e:~. ~ _. 0. 3 > 8. [ ~ ~ "B.~<~"",,, .. _.,,:¡ 0.;3 0 ~~~g~o5C: '2. So õ n S':::S 0 'ª" þ n Co-en]:::¡w ::S:E~O'"tlaooc¡., Õ' ~ ~~,.. ~ ;¡ 0 ..,... :I 0 ..,...... 5' ao S:-"E.:3" ~ So & A nnn......nn 3-1'" ::::.w C"':I -·00 ~ t:j ~ ñ2:i-~ [f!i<§. _. = & '" 3 íil~ 'i.... a 5:<3 o¡¡ ~ n [:,,~ :r~o. '< 5·", 5'e,- " " 0 ,,"'.., a to. ~. 0 5' ~ " " - 11 5' § dõ _. 0.. 0 :::. œ~e:.. go- en e;g¡: @~~ n _. ° '!'J ~ <: _. 0- ~ => e¡. "0 g ~ a ~ So ª g." 3 "" " ~ !i.2,.g. =~ :! n:: ~ - .2 1<2. 3 =. ¡; ¡¡ a.Ú)Po _0_ o ..... 0 '" w t) ~ '" ~ t) ~ ii ~ ~2 ~;;' £."';¡ 0...·3 )- ... 0. 3-° -':1 33~Dl3¡¡c; o ..ll'< ø-'C'2. 2.'£._& 2.Õ ~ ~,g ¡:C;~g ~ ::~~.~~g :::T.. G:> ~.,...- 4I30.e3",· 01\1 -U., If 0 m::d:! t:Ç.~5. ~~g...ð~Q. S' lir-<"O <\I 5- iP'O'"~t¡;<rD ii e: .~-B.o.&: -~ .~"." >.... ... 11/ 3-< -~ g ~ ; ~~, g 0111".':)0;1 "·2- <;::;<O:J =- . tþ ... 0. ~ cr 3 :J"U - g: II~. ~ 5"¡;r=:l~O~ ÕO" (I, § Ii 35.:JlllrD:: ..o.c III::) 0 =';ð-¡;¡~r:o: .g c.!!; ¡;-< g g!; 2,.g!: Zî ;'¡Z~~·g .. r.i~~ig. gê=5,~§= " 5·_-< ~ co. 0:> ng~ir2Q &!D~!;:;;5 õ ~§ :e.... I: ~..o c.~ --i~ ~ 1II.a. -t -<~'C ~ III ~~~~ ; ...~. . ..... . e. ÔÕCD ~ Di'õ'3"-g ¡ j2.:;~ õ. ~ ~ ~ -< oÒ ~ "'"00 g ~ ~ ¡¡; ßI to D.i _ i"I 0'0 ~ !l2.3 ~9:~g'~ g'iii ~ a gg=~~ ~.i~ ~ ~2.~ ~~Lãg 0-8-3 ;:;g-; t ~2.\11 ( '~ t"&:r {) ~. II =- øC~5"20;:1CD CI)::Iõn¡ £ ~~ 0.1"1 -C"C 2:0."/11 º,<!:,",,~~2.g ;:;.O¡§.. ~ ~ ~ ~ g 5-<!!!. ~ ~ 2 5" iIõ~5:r~Q'§i ~~~.. ~'gg~-gi':~-< å:c !"::.i5:2.t¡2:Sg §:3ª_ ...o~ Gjcs- 0.:[0 ~<=-,g:-¡;ft>. t~:) 5~~~ â~ ~!!~ ~~:g; E~ ::-g~ o i5.iiî êc~ ~~~ g 'O::E m ö ~-:c: III _ .0 no n:J .... ~ ~ ~ ¡¡¡ @ 2. <.g ~ o ~... ~ = II> . g ~ ~ g" g 5. III ~~ §~ ~ ~ CD· 0. g g 2.' 'S ~ -g ã ~ o.Q. 0.- c ¡¡¡a 1110 ~ ë 0 !:..g ~ a ~ ;3.1\1 c: Þ!C<: 1I:Ig: VI '" >~ . o en !!..,z cr· œ ~ ~. ~ .. . ~ 8 1 ('0 ~ Õ :J.g :J !E g õ· .? " . ~ ? V> '" t) ~ 11 "11 ~~¡¡;J¡¡ \ ~ 5·~ 5·~~; ¡¡:¡t :I~::$~IU:"ÕÕG ~e<e,:,,°"O,cn :raGa. ~OItAl !! ~-o :=.:;::;a: ~':J ~. g.:>.-g. :!;:.~ 0... 0 ~~~ e>.:::~å ~.z' œ::T2:g~g,;¡'.o ~ ~~IO :L c: !l a~ :- ~". Sãl~ !.ìi"1U :;5~~o =!l~ 2.~gg~gõ'" '< ¡;p- - ï;'"~ .-~ 'g:J ~flS-~S ag· ;1:3:-. CiGl e!..1D (þ Ø> § 0 §"z -<º-ª.ë~i'O~ m::>.c.iiJ...}t" Uo ."9..~~ !i:'"5'a.~ !II:),<=ao""'w o I» 0 fI ::! -.Õ > œ:J :':X-~2 oS &. :~g~5'~!ð- 3a.s-a.i:_wo ~i5 ~i! 2 ãg,;) "C Pio ¡¡; aC ¥ tn ~.. ~ 8.ñ·~~ 8. o<o~'<"Qc.~ :J ~ 5 & å.8 Õ III º-~liï:LlllqSð :T~3]2..~·~ "'õo¡a.= ~o ê:JC/lS= ,,-< :J 5"~ Õ~.;; < ~Ø>:Jvt"'!i;.a gÈ.~'i~g9..a :~it3. ug~ :J 0 ,,"!So.._ a.:J ~ ::0.11 ~ cO ~l~~§·!t'i ~s~i9..P:tn9 2,.111,& ~'go is. s -s.- . ~. ¡f'" 3 ê: ~ r; ¡¡ 0 5'" I!!" e 5'" 0 1'""' ~ Õ' ~ n ." 5.;I»~=:gË.~në..iiin""~ ~1»""Ie:g~ 5·:;; 9.!!. g. 3' - r;. 2. ª Ë! Q 0. n !i !. g.~ 5· .. '< e. 0 n 0 1'i r:. ~ g 5 .. X 3.2 _. ¡¡ Eo ~1!!~1J§.;;'~~~. ~.{~g~ª!!~~~-< ~ i ;I ª- ~ ~ ~ ~ g ~. ¡¡ti ~ 8. i! ~ i ~~: ¡f~ ~~~~ljl:~li'ilrfg;~li ~:~] ª- ~..a ~:i[ § §·I~ [j ~J¡r~ ~g.<¡!¡ _.~ n ~E." - i" f] r:g·11 [.;.g 8 ~'C tI') ¡g. (,II r: ..,~ c.. 5' c: . < n::s!! I1!J: ::s '< .., nsW~2 o.ª-d~ 8..R~-~~~g~ .¡j - 5'" - H 11 -." g.'Ii - 0 :!. '" g i" ë: ~[nl~ W!!~( Ita[ii~ &fM 8..0. S1" ¡,¡ ~ § 5'" I· R ¡¡ ~ ¡¡ n' 0. "'. ..., g ~ '" ~ i ::s c. n CT I» ::s t S ~. ::::I§. ~ ri g ~ ~ ¡;¡. e. ¡¡~~o._~ '<¡¡¡~ ¡,¡! 5'"-<_~!!~n g~Q3::S~' cS'n == ntl');-·~~. 5 ~. Õ' ~ï §f 8. S·} ;. g g ~ i?~ 5" ¡a: l 'Eo e: g 0. ri ., a "0 0 ::I n :::. ~ 0 ~ 0 =::s õ' e '< ~ o ::s ~ 0"'" ....... ~ 0."0 '< 8 ~ is. CD "8 0 QO ::s 5 !1 n ri~~&·~~&maO-c.~R~~~-&dn õ n 5' - 2.. :3 § G "8 ~. Q. c õ' g 0. ~ n 0 ~ 2!. I» ] S' 5. g n ~ Co~. ;1 ~ ~ ~ ~ &;"0 0.. ::::I§.] g ~ ] (' tI')<a"OtI')þ...· "O~. -ae.. < _. ª- ~~ õ ã· ñ ª- E¡ ::s g ~. "8 ~n õ''ir ~ g ~ ~-< . ~~~'O~~o;';1ÞQ?~(,I (,I -a~~ n ::s::S n to? ....... _. I» ::s ri CD ~ S' n n :::r 0 ::s Ooon(/ ~::S Q.a::l"'O::::Joo::r::s .., ::ï n g '-< 2. ~ ~ e; '"0 ~ 0 _. 0.. :r So n e: .... 5- en ::s g¡.:- 0 n (I .... t2 g X £ -~ ::r S':; ~ n õ g g. ; ; ~ : ~. ã ~'!i ~ ;§ ~ ~r ~ g ;~ 5' ª ..¿, g] n 8 ~ §:~. Q :::J ::s 5' ~ VI '< Ö ::s 1 '" o ~ _ ::I""::S::s::s S2: § (") ..,.... c.. C:'" 0 [ti·~~~~;.~~~c.~~~·~.~~~ ~ ¡s -~ .... g. ñ n ~ :=' 2.. g ~ R g ::"I:::! g E.. _. E ~ 0 ~ ::s Õ' £ =. (¡O OQ 0 ::r~ £ ~ c. c.. Q. ::3 ~~!.::s~..,::sg~Eg:~nag3g~~ n .., ::s .... 0.. g. a Co ~ ~ ñ' ... ~ g -.!3 ~ ..... !!.. tl')þOQ"OCn::l"Oc.nQ< 0.5- ....."'000 ~ 5. "'0 ~ 5' 3· -~. n ~ & !. ;=.- I'D ~ ;!l ~] ~ n~I~"¡;lef~r!!~fª~g~gg 3..,.....tn _n~ ~ =::so-::s¡,¡ _. dn__ o~ 0 mC . °E· ~ Çm "\ )J0 ~ ~.~ 5 .0 ¡2 .ß .z-< 0 oJ: g >:2 a> -io § ~~ ~ :J:~ "',. ~~ -~ ~m '" ;;D~ ~o ~"? o o " " m "i en o z " " ¡;; ~ m o z m G> ,. -i <- m "nnl'>.)m-u":") ~~~~.~~ .. &" "'" a :J 0 cn<5':J~õ ~ VI» 3 'j v,; ~ g ~~ ~nÈ Pi1;1 <: - ~ <0 ~â iij," 3 ~~ I» ji ::e'" ~ en - . ~ g. o g ~ ~.~. ~; 8. ~. ã ¡( ~ ~ p ~ -~1"'[ ë - iIIo.- !! -. -< 1!...!I!1. ciã· n C ¡¡ r;. .¡g _- ~. ¡¡¡ § ".; R '< "'. 1'.. ~ Ó go ¡¡ 5" ¡ft g 5'< g:ø.0'" "C '!" ] ~ ~ §. ~.;I .~ iI13-g~n ill ti. ~!.1. ~ n 0 è5.. ::s ~ 0 u ~. ~ n ;;r i:iï'· :a. õ iñ' ~ n _ - tJ: 3· ~ _ :;.o-::s (I _'OQ ~ 0 0-~=·22.g.ao .~ !!. ¡!. n .§ i! § :¡:¡ 3.g'ª'~&¡¡J6~ ~ S· 8.. n -.. §. "" 0 ~ n! l»~õ;;'Eri:iï "i ;;;-=ø.l»n¡,¡ n . ¡; n "'.'C! J ¡;; ~ ;¡ ;¡ ;¡ a _0 3:T- '8 %!!-"!!iI1RR! 0" o-èS. ö- ;. '""' ~ § 3 ;r Iii !! ::s :r C 0- -..c ¡¡. ¡,¡ n "C "C =. E "2. § 0. '8 -~ :J § !! c.f::1§=':::'¡;:jc. _. r;j 0 '< ::I ~ '!'J 5'" "-." 0 n -.1» ~::s ;:;¡._ "0 ¡,¡ - <: n 50'" =, ~ ::r I» ~ _. 1: -Oþ :I-~On v: Ë. 0" _. g èS. 2.. ~ o o.¡;.~ 0.",< g < 0" - .., ¡,¡ ;:;¡. ~ 0- ~(\=g~Erbí... n ¡,¡ tJ 0 0 ::; <: Erx=2..E.2.~fi' n"2...þ c.,<2.'" ::r ~ n n"'O - ¡,¡ I» - ~ .., a 3'::1 ~ 0" 2. ';:: g < _. ~ ::r š-' - 0 ~ ö; ft :;. õ· ...0...... nc.n::r < !~ ~ ~ ~(j") ~ ~ [c . ~ ~ tt1 ¡LC") ;: ~ ,0 III ¡; >- ª '.' § ; ~ ~ ';0 °z ~Cf} ~g g§ !j~ b ~ ~ ~ ~ !! § t ¡¡ ~==s [~] e, i~· £ õ t8: ~ § S' c¡g[5'" =.8: n ~ 5" "E [[~1 c ¡;. n ~ ¡¡¡ S - 0 o 11 ~.§ ~~ ~ £ n :J < - ~ ~ ~ ê. ~~~.~. § '¡;j' 0 ê-. g.!ii~g ~ ~.~"'Q. ¡; §=:~. g !!!.::S r;j s:- !i- ~:.. 0 ;?~ ~ ~ ªñg~ o._~n 3 :I C. n _.~ "0 3 ~ ::I .., g ~. 2..... o '""' _. ~ ."1 :r n ('T¡ '<ng.:::. ~ ¡¡¡ '" § !:. g.~. a- a§~-g . ~ ~ 0 "''''8 I!! ¡; ¡¡¡ ('T¡ ~.., c. ~S2!.g!f¡¡~!O~¡g ~ !!. Er ~ '" 9': S· c;: &. > ::s c g .... s- tn '< íl S"''' [ ¡; ¡;;.¡¡¡ ~. "" '(' _. ::r e n c: ;So.- g IJQ ~ . n ~. 5; ~. ë: . c5'"n<¡!¡~·~n."ë,~"" ¡,¡ n 5 ::I 0 n - ~ ,¡¡ ð1 r¡ ~ ¡â8]. g 8.. ~ ~_g.a.n_()_Z§ ~ 0. ~ Õ ~ -~ 0. ""gi c~§~~_ IIJ '< n _. §' § Ii' ñ· ô1 ~ g ~;¡ o.lJQ ;: tn ;:J. ~.:;' g, ¡¡¡õ!i~~~5'~Wg < Õ''' Boo gOQ g_tn ~ ~ ~~ ë'o.g o.¡¡!! =~ ;50~,;i ~ 5 g,o. ~Ofðoa~"-::I?< ""<O()¡:¡:¡~-c:' c n ~ c:: Q ;;;-d-.:;~»ë: ~ =.~~oo.=tn~ oEr~S"n::l~gc. ~n~_~§¡;>o.~1!! g' e¡ ~ Q ~ s:: ~ ~ ~. n "0 g ~ ~ Er 5· ë s. Sf ~ ~ Ço1~n o0ö"c. ;:!§&.3"'C~i:iïtJo~ ::r 0. _. I» 8'C" '" IIJ ::r I» g. SJ ~."'O ¡.; ;::..~ g.Q:15::1:3 ~ 0- n ... _. =' n '-< ~,¡::.:o DO !"'n5'~()oc.;:Jno !.II Vi ñ ::r? ~ "";.t::..::s n· =0 ("11'<0- g < g. ~ ~ ~ g ~! 0. ~.!1 "1 ~ ~ g 5'" n § 0 _ ~ _. n A ::sO ~ g.J6 ê!. Õ' 5- 5' 0- "" ~ - 8..- .., ::I ::::,: 0 ~ (') :I 3 DO -...... ~"O~c....o !!. OÕ2()r¡¡~S:-tr.I~ ~;;:!,f ~:::'~~2'n 2."O<:,=-""êi~nc.S" - ~ ~ Q c. - =' '-< _. § _. n " 0 § r; 5'" ~ c. ~ .? ;'::1 C. !::.. ("II !::.. ~ '" ~ 1;) ~ g "'!1. ¡;. '" !f ~ " ~. g. ª ; ~ ;:; !' ¡¡- 0 ¡; B. ¡¡; ¡ ~.~ à- § õ ",' -i;rog_8§~~ 5.'"""'S'=" on 5--0' ~ ~"o.o.E",1t 5· - c:: g ~ !t. ¡;> ';. EToS!· E" -.' ~ ,,"! ¡t.> 6 0 !: !!! '" '" 2" G> g " 5· ¡.; g ""tií3Eñ~ng-~ >a-<' ~ë...C'. f!' !<!. n ~ § 5-.'q " Q9 0 ~ g.oo g ¡; t'1 "..a g ET 0. =¡ ~~~Q.~n(")~ .. 5 ..., 0. ñ·'" E " =' ... rr:I !!.. =- .., 3 (::. o.."::::s S·:;:r'.g =-~. ET " '!9." .. O[ i!?- n ::r::l Þ < _. -§¡¡g." ~~ ~ã. ~ ~ g.g §'§ g,.. §!!oJ¡ o.i!" n tn Q.,< n ~ n ::s ="'~()Ol;/)~!ii!ii § e1"" _.. ~ DO ~n~ a::r R n ~ ¡:: n ,.... !(¿ _. _. ::. 3 ~ "0 ::r' X g. ::I Q.. _. n .., n _. ::rg~:='05"~g g.s¡ to.:<"i ".B.< _. ö. if þ ; _. n !õ' 10._!!.<", .- 'J' 0 õ' ;::¡. .., 8"'< "O::scn~~ § ~ g [ 2, [ fr g' ~n ... '-. '< < VI ~ 0 § :r-"'d !!..-.< . cr ...... ~. n a 0 p, ~ _. 'T C. "0 < "0 c. ~ tij"(=;" ri ~ ~ ~ ~. OQ :r =. < n ::s n g:~r~gf:r:;;~ =_Q._cn::s......èS. oocccg ~~(¡,Cn(n" õÕ~m')o '3-" 2. _. ~.. j III I» ~.-< :DCI~g() ~"ª Co 30 0'" ~~~ ~~~[9.. ::E;:,¡""'Om ~~tn.g~ ~:;;( )cto5 Ovi"~&: &~~gF =<~~>-I -<c.ø¡oOC[I "'0 G>a.~~ ~'n ã. 3 ^~ 0 - !"tt"t!g: 9~~š:J ~.;,< ~ ~~ ~ ii~ - ~ g~~., .~ . . £ ¡¡III Ci1 ~~ ~ ~ ~. :¡c I'} ß (~ , ~ ::s n 5' n 0.."'0 2: e: '"tI en > ~ § !¡ g g &. a. 5. § § g; -~!: ~.§ R !!.lrf8'a. ]~.:~~rl~~ ~~ Vi -. ='''0 ~~ B ';t: o3Erñf: ~~t:!]ßEr 5· ~ " 5· ET . C': I" ;<I - ". !¡.r;¡y¡~~S'1 r;:¡¡?~ ª~;¡,<..,n ~~CII 2. '" ". § i"ª 1: 8 õ ~ ET -< 0. " š. '$ ¡¡ 611 _. y¡ n 0 ~.] 0 C'. _. _" ~ < .., ~ n s: < iñ'-" =' =' Jh [-8 ç,~"o:;§ . ;!.~Ö.:>"R"'!õ'"B. n -. II) £ !2. -- i'< = "'~-=¡;¡~5~"'~ § - ~ '< õ· - _. § sa ~ (JO '< _. Õ ::! õ'::S n ;:T ~ 0. ~§ ..r.n?OO ::r'@O ~ _. ET _. ~ 4' '" "" 8 -~_"3",oR"'3 ~ õ,,'Sii! "1 C'g:¡3 o..~=,onn 06" o ë.. S."O Vi:::: :;:I...... g. ::I .., 0.. ~ C/'J ~_ 0 ~g0B.gVl.gr::" ;. "<§ o.ET",50~ o _. n "0 3 n -- _. S' ..: f¡; a ::s a _.:::1 ª ~ '< n n E¡¡~§,g G>~&' ..... n _. ~ ~ = S' n ~ g n ::s 3 õ' ( Q -- ~ ::r "0 ~Ei--4::S~t'T1() ñ a" ""'3 ""'")t::Is9< VI _. Vi n ~ n g _. !õ' 3 y¡ ~ ¡;>~.,,!! g ;:!.ign~Q.~;-cJ~ ;. n ::r ¡::;¡ ~;;o::! -'< -IñC1gag-.o--;;?= n° (l cro~S:--..JtTJ<o. :5. :::. C 1"0 a n ,L, sa C'O ~ 0.. .... cr VI :z;;: -- n n Q.~ 0..3"'1:1_\008 VI ~5.5°S:-~· 63~ n _. a." " ~ ~ _" 0. ~~~g.~g.nyg.5· '" '" '" ~ ~~q~ ~gä3~ 2!,. o:¡cn ~ !~a.~ g,."g z~ S "E<.p..lI>o.lCI CDf!."OS":J g,-<,ª." ~ 9r;~.g iì CD;:) -.- 11~ ~ = ~ ::!.ëQ-<~ ~ è.ö:!:t i ~ &~ ¡¡:~ 2,œ=o'" o~~ ~" Eo:'oS- òïOQlI/lct! c;:;o3 ~~~~g _. .·0- !I';;~~O' :fill CD ~ ~"5"n _" œ ~;'2· =_3 ~iH~ CD¡;-íi2. c...iilu 2..::rji &= ß.:. ",¡¡ :¡~. iii3-ð ã::,¡¡c 5" . œ 0 --'¡¡- £~¡¡... "'05" [Ch ",.[õ.. ~. 6 ~ ~ ~~g~~~~2~ I 3ggo3··~~·~ ~ G fi ª,'O; þI~.g 3 <~Z,¡S~':¡~c3. ~ø~õ~õQ.~~q ~~~~1;T5=~¡:: z.~a'_~~~88 õf.i2..2'cr2a..~:J .. <:J -:I- 0 (,9 ~:¡!~c~¡.~<.~ m_o-<IIO)CZgØl _ ¡; C ~ P-o g. ~ C!. ~~~~-~.;..=g og.~o..::ra ¡j"<pI ::g~~~'ii"~JI ~ ~-g~3šla~~: 0. _'0 _·0. co 3 c ftI a $'2. _ III ØI C ~ <~. QI n _ _10 :J :;;!!.ctc.t!.fi"oêjJiii ~·3Fg~0-.g3g ~~ - õ 5. : = QI s: :s:J .. ....C!.~:t 2 ~ i"2.g 0" ñ· ~ 0.0. QI ~:) lii':t õ."~' 5 g. C' eo 0-'- 5""" I»;J ~ -~·.IÒ ëg 1/1 Iii' ~ l;'¡ e:O:3 ~B· cn."C 3 Q.¡;~E.~3 ¡¡¡aliI' š.QI~"5!. 2.."i~.ga~··= _11 __2_0'"0 I'D ;{.:;:ro3___ t;E!!:~Gi·3~ .õ.!"2-¡iq. ~.i:g~~_aiÍ .. -41 ¡;o 3· :J g31/1"c::,,"OIIJ-g rið~i~5.?- aa;~~ ::øª.~ t!. Q. 8:'0 " " =-õ. ~Gliå~lä-- Øls.t:'~li"gS 3 . œ ~ ª !! 5' .:z ii a ~~e1~~lê~¡g õ· 0 § " " _. > ~ I5· i f [ [ ~ [ ; t õ· [ ~ ~9' ißi~3~f¡r!í' ß!' ã'§.~~H "'~ g:¡g, -Qog a " '< _. g. ~ 0 "'" 2 < al n 1i B ...,'< ¡¡ ! ~ ~ 1 [~J õ '\1~ ?~!::H.8 ö.", ~.... -I!<!. 3 n a ¡;;r ::r'< '< 3 ~ =. ª "§ . '" ~ " :J. ~ 01 ª..... 0 '< =' ,.. _. (,I)::;:t "'" § _. ,¡¿ ~. Z<§·.. '" g ~ g: ñ'¡ §.. œ ~ t:1 "''''''8¡;~¡;'''> O"'o..a. p., 0.0.00 -." " 3 0 0 n . n (,I) CII . ~ ='- '5. s. s- g- g ::; g l1. p) nOo"" 0.. o.<::s ~ S "0 ~ ~ ~~ ~ 0. n ::s :J. ~ 0) ¡:;'I ~ .., ~enQ;E;R~,,:' iena g- 2 õ R g g., ~ if"8 (,I) Q. 0. (,I) :::I ~ g :::t ~ õ· ~ S- ~ 0 en 5' ~ O::SOl~"'-O~ ::SOõen~g~::rõ cro ~ "0 e: :::. 0. en ñ' g.£I)3 0 otn"tl::r(" ~~gi(::I::I»g.~ ~¡¡'--~~~"3 ~. ~~ Jg §: 0 n Q g Q. S- n ~::I £" ~~ ..... - n S. <: S-'< ..., ()::;:t g()~!!.nt"'~o() '" ". < 0 o*!: § [) ET '< ". ¡;¡ !õ' n - " '" . en~ S. 0.. '< ~en ~ ::; . ~ .. 0 ~ ~ s.g g-2" ~·ã ª::!.;! 2 ¡:-:t ~3 ¡¡. ~ D..c.. ~~ ~~~R¡:.Q. ;;ä~¡;"~ S":Jol:·o ::I~_g.:;J[J" ß'jræ..!2.6 ag_CD 2 Ë~ 1/1 !!.!!.3-<-< ~ c: fJ S3! a.::!:" ;:;:i "U - C e..éj::T a~o;¡~~ - 0.:T _.11 ((I § VI 2.~?-~ iii5:TK!!!'g . c f9 III n - a:CTo3~ c:!.~-! ~ i,ª.i¡¡¡r ...0 05 a'~~;;o. G 0.=;;1" 1/1 ¡ ~¡ Z;.C ;¡'''''OII] 5:=',ª-~ G lIIaCÞo:;< [3~a; 0"O:J :J ...¡¡S"~:S. ØI ~5:!.g ~ c =:;i3 ---·::10 ~å~ g;~ _Iii·" ~ 3.1ÕP--3- o.¡;¡-"O'" Ifi" ~ £'i :íà!:.sa· é' Ø'-<. . UUI u. !.. §8'â'''!!.''C:: !!. ã.x ;J ¡; II 5. ~1"':;·3Ö.!f -. ':;-:' g ~ ::I c;. fn ()3=rgñ nÑ~ga8(j !!.'!!()!õ'~"g, (-,~.~§-!!.Š:~ 8. '" ~'" ~. !\ ~. OMA~~2!.~ :ã [~i 8. ª ~. ; g F ð !\ ¡;. _ ::1 < _.~. -.. n" " ~ en ~Â_ tT.I en ::I ·'¡;.ì",g¡~õ§: '" ~¡;;' ..I;) ~ g.,:-,,~ 5 :::. ::I ~5'a ~ o~_w ",'< :'g.~~~ 0 > v.r~2':;O[!l o . 0 .--... .....:J 0\ ::r 3 "0 (') -....... ""rn '-' n ~ 1:' ET.!2·,o :I~¡snR» Iñ.'" ~!f'-Y " " ¡¡ n ~ ¡¡ ". '" a. ~ 3 a.~......go~: n \ ~ _. 5=8..OQo2.~ ..... 0 '-'.... _. ::I ~ <:::- n ::I noon cro· 0. !!.OQ n 3 p) ::I s:: ~ (" -':::.0 p. _. ..... ::I 0 cro n êi õ'cro ::I ~ II) :I "0 _. ::I ~ ""' ~ õ Ii e. ~::~ "0 c.. H.8i!?-.g ~ ~ õ' en õ· ~ ~ -'::1 c: :I n ..... êi 0 8: 0 = §. en..,· .....,:1.... ,,"'.. .... < ..., ::I ::r' 2!. ~ 0.. 01 ¡¡; a."," g.ª-ª2. ::I -!::! ':"I ~o:.g ~2!.;ä ~ 5·'!1. § :::.00 01 0.. <: :::. !\ " 8 0 \Ie ~ ::I ~ X _.g- ~ :::.1;(") œ ~5'~~ ~ ~ g. -::>,¡¿4''' .... 0 01 .::.. ><~"'¡; "::;Ö:3-. . -. a- n::: ",< ~ .... _."0 ~~~ £ a. ] :::. £ =.02: ~ ~ n - ~ ~ := 1 ~ ~ n - < " ,¡¿ " ~ ".0 g g if ~ n en ~ ~ go ~: _. 3 en 0. ~ " g.a;9. s? " " n ""'" '" ~'1; t:J: 8(1)~v! ~~~"" t: ~~·~§~t·~ !! '< 5' .: ¡¡; "" ::I õ r" ö. a. Q;¡·~~h.~ e.!i%tJj...¡t¡" ~~ ~..-'" < ""~ ~ _. o. ¡¡ _ a r;_:..5'~B.'8 . 8.~3g,~[ S'.,..-¡f,,¡¡ ~ ~~1:: ~ (" n n ~ :J.¡:ø [¡ç",~g,< i!l t!: g ;. C) ~ .... <:~ 5· e: ~ ã· ::IOI'<na: .2 :. " g 3 [ c:: 8. 2 ~. g ..., ..... _. Õ. Q. S" n ;¡ £ ~ !1 -:::> ~¡;'<¡;.§~ " ET g g !!. Iñ Iñ"o.~~g 585"8:en "'''-~~'o~ !1 a. õ·" 'i'j. 5'S_~~3 ~ Jg õ' r:; ñ' g r::: ::3 £I) ::r..... -." ."..., ~ ¡¡:II".;:;¡"',¡¿ 1 Ö. £I) (" 0 ::r g ~. g '"g (;' ..... õ' =' 01 n ::r n ..., 00 - ¡ç g 0 ~~;!.". 0. - 01 (,I) ~ -.':S - 5' a. 6 '< " _. s< g "CI ~. 0 :::. n en ñ· ~(,I) ri ~::s ..., [[;9 ~~ ¡e' ~~ I ã ~ t Er " .. .8 ¡¡ n '< ° """" Er " o ï "" ñ· ." ~ ~ '< '" ~ 9 ~ õ· ~ ." ~ < Erj Er:I:;i~ ;J "ª.~ R nOn~n !! ft. g . ~ I g f~ ¡;: 8'< ~.,< ." 5· - Er 0 ].t~p:r~"~1~ g,,, g£I!'¡?'" 5 Er·"' !t a. I!. 5 '< E.i II "~,,.gl>S'- .. ~ ~ ; R !. ~. J ~ . r F-"~ C"~.- g 5·~ 2"'" "SI " Er!if Q." '" 5- 0 :g~ ~g·fta Eio[~~'~ (").... !:"I n -. I: -110 ... ~ (j ::s ~ _. ~ !!. ~ 1 i;! §'~·õ" ~~ ,," 't¡ ~ -.. a ~ oErEr""°'¡j=c!l (¡ Q g g s-. O~ ~ rg.~. ñ:'''''''~'''''ñ·_¡¡,< '"' 8:::r (j E. '" õ' S' õ a: §' ~ 0 I» ~ ::s r:.0; ;¡o",".§S!:!"§oc $i~_O~~§~~Er ð2?.9::SõS"'<~~o ~ g g~.!!. 5· g li'ð § ... 8. 61 Pr õ"E. In ~ ~ t:. o a:Ë'~~ § &,g'e;.g 8g::Sn~p.g::sn~ ;3 en 0 !11 .., n I» .:0. tT1 ~ H i ;J~. ~ f!:ð ~ if ... - n (II "0 a ::roo gJ ~ G! ã· ~ ~ ~ ¡;: II ~ t-'_ 't¡." 0 "'~.ra. . ..... n œ 0 0 ~ i» 0 n ~ ~ 5' .w ~ S1~¡;; "''""'Q.'''' è\. '""'0 E; n -< n D. e. ~ " ~." " _. o _en,=,,> ::s I» Er '.:;' . n ...... 0 ~ "'." Er'< Er ¡; ~ 3 ~ 0 ~ _,_. _. ~ n _. n ::s n ::s en ::S. ~ I» Erª·"'iQ[~ ~~~~.¡¡.q~ ~[;g §::=. ~ A==.on::s-tt:Sl»> !!!.'S ii'!~p.õ5~ o';:-f(J '!:! õ·'< G'!! g 5· 0 ~ £ 0 ª ~ 2'!" :;::s i 5 ~ S':_::s = Q. g S' !!i. Q 5 '" ¡¡ Õ' ". 2 ¡;. ¡;;. ~ 9 ,,'< ¡¡. ~. o¡¡ - S"-o.a-'T <::s ô1 en ,.. Er"ª !;! ¡¡ 8 ~ õ 8 13"~· G' ". ". ~ "§!!.g~2¡¡~§0~8g~;¡ ] -~ ïd å·g ¡e·d ~".~[~ ii' o 'i 5· ~ ã· Q. ¡; ¡; ~ ~ Q. n Õ ~ II ~ ~ g." ¡¡ iª :: [. "g ~ ;¡ ." ~ g 3· iª 8. g" ~ ã· ·H a. "8 à. » [ R .. ¡¡ 5· ¡;; n 'ii ;J e¡ 9 õ ~ !!,,_..s¡- =¡;;n"c..¡; ¡¡ - !ì is. !5 ¡;¡ 9 e¡ ¡?:..!ñ ¡¡ ~ "'. 8 _0 ~.." .§"_H-oo 00 ;:¡. tT'J 0. gg ~ 0 n !2.'" ("I :::I ~ 8 = ;¡; 3· !:\ 2 a. ~. 6.:'" .:¿ 3 ~ "8 R C" g Q. -. c g 1;> .. 3 §. 8. 2: _. ~. c ~ 9 ~ g" o¡¡ .¡:¡ '< 5 " Ii: ~ ~ So ¡;;. g. R n g ~ ~ ~:::I ;:? ~ ¡? ª. """" Er 3 Er g, § '" 0 ñ· g Ji¡ ~ n "<: ::. N n -':r ~ r:ø ::I r.n GO ...., (") ." ::<>"".. "^~E'n:::l ¡;-::o r:ø ~ ~_ .., (» ..... f»':"'''''' "' =.::1 .... ..., 3· o ::I _. n Cf.I ~ 0 :E < n n Õ :- .... (") 0 .., (') _. fit n'" n n ~ ::r:::l ~ '"tI g '< ã· _3' g g s. g ~ 0-1 .... "'00..., ~!:!a.S-::3::r' ~ i;!j! """"C"" ::<>0:0: ,,"._.~ ~o ~ ~ E. ªr~'-g g n (1 S' ~ :::I ~ !!. 8 _.~ ¡¡"" _ " g. !ñ !ñ ~ " Er .. 3 ~. ~ œ :;;:- no·" n"'O n ::::.!!. 3 ~. 3" n !l ~ ~ ~.., g (II ~ ~ g ñ n 3 "'0 :::I::r ::s (¡II _. a. n < þj "':1 - .... r:ø c: .... 0 :s '-_ < _. 0" II:! ~ õ 'i n ~ a. c: n ;:r- n 0 _~ ;;T .., (") 3;ã [:E £ ri n n a·~ ¡¡ï!:!"' 0- .... (II en n:::: n r:ø .., '< -:r '. (") 0 õ:::l =r.n ~go'<n30n S'Er::l c: ':"Ia::o.n -,,: Q...O:l VI ~g.nª Q§ g~5.~~g.g ~ ::I 0 n 3 3 r:ø ¡ç ('" n ¡þ" 9 r:!.~."" no-:rþc:OQ<::r<nn;:::J'"olll - """" '" " "';:"" II g õ· õ - !'!. " 1/ - So 9 0. _. _. 3 .... c:ro c ê5 In n ~ _. -g. cr 3 "E.. g -? n ~ j/,¡ :l. ~ 0 ::;.; U'I en n,,<: n n.... tt> '< ë.. '" n -,'< ¡;; § 8 en 5.J~ ~~ g. ~ go . :>!!!.c ~¡; . ar.nnnR" Er ° õ '" I;¡ n ~ ~.?3 &. ¡>¡ ;¡ _. ;¡ ~ 1;. ~:-g.; " _. Er 8 ¡¡ . ¡; 8 3· g g: [ R =-ë:~ --g"!1c§ [ p. a. g: 8 ~o:~~... ~. C" Po II ~ Er '< a. 13 s¡ =-~ ::r5-a:! n".:"'lÞcr g. g ª ~ ~ i~· r.n Ii: .... r:ø = ~if~i[~ o ~.c ~. Õ' g ::I 0 .., R ~] § [Ero s-<:=-.,<n~ n õ'::"I ö.;O r:ø ~ c " " ¡; 0- g !!?. 0. :::I '< _. 0. '< 5' =. ~ s: ~ _. :>.... =0.;'«'»::1::1 ,,<gnQ.no. _. "'. S' ¡¡ ". Er í¡' :> _. ~ Q" -"=·~O- ..... Co þ ::::: _ _. . _ -:;;. u 3 3 en n tTJ-· 0: [;¡ ;¡; 8. a- ':< ~ ª g. g ;J ~ ~~ o..nVlnn ~ tJ It ñ· '" ~ '" S>.., ~ " ,g.. '" " a no ~ 1!. õ· " " ~ ~ ""õ' ~ ¡;. E g. no -.... ë' i1 (") ~ z "" '" (") ~ z "" '" ~ (") _ z "" '" Q~Q""(¡; E.o..« . [ ;[g~i i F>d' z q ~~iJ. ~ -.0 551 s: Co ~.;¡; Ii ;; õ a -~a"~·"'IW"&-5~.8"~Bn~¡;'1Ig~BPä'q ~ I llifll fll~·li11~t.ti!111·¡lf ~ [ ~~~o~r ~ 1~ª·15. .aoli--, "'¡Q f ::!?.~; [i~~ ~ [~š ~ ~~g"ã~g.] 9. ~.~.] ë ~~~~ ~ ¡$Iflfr~~ ~'r~~~IIEww~:lt~·f~~~g ~. g- ~. ". .g: 5· g 5 õ.. U ~ 5 g If ß. ~. 5· n" 8 ~ _.5" ~~.~ oK[~ ·~r "K ê-~~~~ 11!IJ~rf: i~rlliig~lrtlK~tliti~ ~ 0 So ;;I '" -":g 0·."" 1!.1f~ !f ~ ~ g ¡;; · ~ to O· 5~ ... _·oa·~ t'g-~z >-i aõ~ c~· - n ¡¡:~1I;;:~-t¡(.[ l~w::nlff8d§~~:~ ·i~%¡¡; g-~~~.a:~ .~.. o=~'~~f}"'2g"8~ce-~' oco~.ª ~ § ~:~ ~ ~'ð ] ~~.;; g S .§; ~ 5·"2 g. ä~· ~ 8· ¡¡ ~ 11 ".. !1~Jlifl} 1!~I;ri!~~¡lttr[!111 ~~r~~~~-a ~~ &--~o<~~~;<; ~~~ ~~ .f1r~~ it·~ir~~I~!Jt~lififll~~i >oª- Ii. "_0' ~ ~ -..~>~_.~ H ;:,!!."If;·~ !!S!~Hs. ~.~( l.s-~~jJ~ i( Illll~ ~~~:rf~ir~[~. r~·11"1 <¡¡Ii ~0å.ªJI5- .-"o~"Hg."n ~ ~=. [! ~!~ct' il,r.~I:~ttltllli ~ I ~~I!¡& 1~IIBI!t!ä'l~r ~~r~1 !\. ! [~ · ~ '" ~ e Þ. i > 0 a.~· eo So ~ å 1 ~ 8 n g! ~ g !i ~H [ l~ iî f~~ "'~i! li~·~Ji å ~ 1~1·~ [~g-! [~ HI 00 ;¡ " ~ :> =' ~ ~ ~ :;> '" 3· n ii'if §. .¡¡ ~ ~ a :;. ~~"2 ~ ~~§§~nU·n[~ ~ a.~i~· r ~ o~> =,~~1(~~ ~~~~~ ~ ~~. ê. f~· ~~. P' h g, 8~a." B~g·=3,,;-I ~o¡;> i3~='=' 0'" § ~ ~ n~] ~~8.i g!:r.,a ~="-s¡;;¡,, ;; 3 ë:..r.r ~ ë. š.. 0 "' <:.2. ~ n g. 5· g ~.g. 8 2. ~ ~ !! ~ n~!1o.g"i:: ¡;¡a"'~ 1:-0 ã. D:I ..~ g. r" Õ 0 ..0"..., & . ~nw ='E.. -0 2: D:I VI ;..:. 01 ~ o:s, r,n' ~ "'=0 g. ~ :;: g å :;:¡ g ~ ~ ¡¡. =':=.5.¡j",_...1:· ="§ 0..,< Q '5" :..:. 0 ~ ..... ~ Q 1:11 0- .'" ~ g ¡ ~ 3·" g.:=. " 8 ~. ¡g ¡;.' ¡t¡ ~ -Ë."2 !j' ~ g g, ¡¡¡.s, > 5· 5· =' = n S 0. ~ ~ ~ 00 ~ ¡¡ - I!! _. ~ ê ¡;; ñ· C(I~r.nÕ'3~~3",-o=. - " 2' - "«:"2 - " ~ 0 § s: t; ~. ª- ~ ~ a 9 ~ ~ ~ 0.. 5 ~ ::: Õ' 5' ¡::: § ~ VI ::I Ö ð' - ~ ~ E- ~ ¡;. 0. 2 ~ g >gg;¡q a fr3 ~!p"(; ~ 00 _. cr "'::r '" non ~ (j ~. c:; ~ = ;:¡. n ~ -. :=. . ..~a-<-:=~",o_= =' - = = .. 0" ... ~. =' ,«::sñ-~Þ:;," '20. o ~ 0. ., ð =. ~ ~ 5. e; ~~~~~êgg-a§~ g-i:: ~p.~ ::g,~ q ~ r.n ~ ~. to n 0 3 r.n ~ ~ g nn _oS'c a;-- E.. ::: ], V. ..... ~ ñ 7? r.n § 0. :s ~ g :..:.~~ !['ë:g,p.~ §'~tg~ a.* 'g.> o (II (II Q ~ ¡; 3· ~ í! 2. ~1 > ~ ~ ~. ~ ~ ~ ¡::: I» _. ~ ¡¡ I~·[ ~ ~ 5· a- g. ~ . n '" no_2"SO ~Õ'~o." Q:I n ð 5' () ¡; ., ., 00 _. O! 2. - -:<: § 0 i!f 5" ~.::3 c: Ó ~ _. s:: "'1 Þ '-0 "¥.}ä'~?' 2.5.3", ;j goog.g¡;¡ srnC.R ¡;r (II ~ "C3 (f ;f ~ .2. a ~ "2 :;.n~ Po g. ~ ~ o....cni:S.o. 0. - E _. . R-< 8"~ :=:.'1 ~ 0 ::s ~ 0 ... g n :s; ë.: ". g ~ g g 0. g :::. (f CIn-< g n . o.ß.d (II -'0 < =' 5' Q:I - 9': 0 g::g~~ .-...0.....:3 S' 0" 0 S' 00'-<:.... ..... .., Cf}"'O (f If) s..t: 0. (") ~~.g~ffe:~g~ [~ ~~ ~ i ~ ~ :c ~~g&.g-(f -<r'"' ~ 1: ¡;;. ~ ~ ~. ë: ;j ;¡. o='=e:t:l5rBnoo q ~. 0 rr1 :r :: (II " ~. ~ It;¡¡ = ";"8 ~ ~. n ~ 3 - 2" 2. -g õ' "tI"E.;;n~=O"== i g .... 0. \0 õ'< ::. 3 ::s n ':-' ::s 0 to Jii I» ~ ~';;:'::S "5! ..... _.::S .........¡ n (') 0 - =' .:1 or n _. ~ = t'I1 n I» i$ n -:-. en = ~ë&.ñ"8~n§Q. g9:(iQ."OñC/.l (f (1):::1 ~c::lgaE õ' OQ 0" ë3 6Ï (f _. < =' g. Q 3 ". _. g. J! ~ "'0 0'" o::l:IE 0 .., 3 0 go::S "U (II _. ..g':3 ~ (II ~ [ ~ g ~ ~ _. ~ ~ ~ s tJj § 3 ..... ::I (II :::: _. .... ~ ..... Q (II ::s ::I 0 I» 3 :s; o' 2. 00 Õ S' ::::. ~ ~ :::I .....¡ ri 2;'~. ..... g ~n or-n£- .., n 5- (þ )2: = _ (II _. non!» ñ'V ª 5. en -g. ñ à ~ n "0 _c:C:oo.o~::Sõ .:;: ~ ::s .., Q.::I -.:i < '='!o8"2"¡:::;.Ro..E.: ~ 0. :s; !» 5" n (f 0" 8.. g. ~. 0. ".00 en ~ "-< n ;. ~ g (f § SO S' "'0 _. (II c: 0" þ n ..,:1-00"0"'0 S- .g;.-8 -..2:s;"'g 8 (II ~n3~c:o..~3S' = 0 g n n _. 3 _. ::::.S'_;.;:!'~3n::::. g,<"'Oo,<õ~~~ o~a3~"'O!!..gCI.I -. g o' 2. VI ~ '< :s; Ë S-nn::lO:SV\p Q. O::r~_.....,.....O(f ,< '" t. o o ¡¡' o 1 ". .. 1 ~ .,0 ~ $:J " .--.. ~. d-' 9~ i ;S " ....... ~ ~~ ~ d. ;;;c:: :ßCt) I-¡j '" ............ S~ !M nC/J >0 ªCJ N -0. Ct) ª "=zC"J~g.wg.n c:: <.!i: c: ~. n n 'Z a- ="$ _. 5' -g ... ~ ~~.!!: 9-.9, ~ ~ ~ .., - ti .... n n C' ~ _ ~ n ~ () t') o' _. . ñ' ~ ~ ~ ~ ,. ~ ir ~ ~"O-- CI'I~e:C"n ] " ~ ;j g íi g: õ· 0 8.. g: 5·" ~. ~ ¡;;. õ ~ n ~ 0 c. (JQ 3 . - =' ". ¡¡ ' ¡i = š·" ~ S. ~. Ë 9 &. fr - ñ" g: ~ ¡¡, en [ Z i 3· if - - " "2". ~§g5.¡::¡~ .~~ ~ ~:i ~ ~. ~. g. Vi ~ n :3 0. _. ~ n :I 0 tr:I x CI'I....:I ~ X "'"2 :I n O'Q C" ....... n~ -s;:: '< - 5.- S-5.ã:_r-.s-g 2. õ' n s:!!.. ~ ¡:f n !!!. :s $: co S' cg n""C g ~ 2l =: > fJ g.~. a S" g.!T~ s: §::I ~_."'8 :-: nnõoo.:lËv>jt;= D()o.§¡:;~io.;;; -<~·Zn.o:l ~"'O ~ _ n:l 5. ~ 0.'" 0- o ~ ~ ~ ¡:; (=;' 0 '*, '< ~()~':>3 8..::1 ~~ ~ ê"n~g Þ)!T" ~ g.;-~VI¡;j5.n ~ "'<oc:onS";in \C) -"0"'" -':=.' n VI ~ ¡¡ï~-g nrl ~'ï 01 ~S'~:J.tTJE..-3:g. \C) 0. õ' -.,Q þ) CJ: _. 0 \C) s::: ::s Jg » ñ ë 'ª, a . :I. ~ 0. 0. þ) c: =' g g.§ -·"'-00 ( Q PoOl a..;-g 8.::r g~ ~~§i z~ ~ CI'I ~. () è- n ~ ~ )., 3 " m 5 o.!!'. _. e; ~ ñ t:) () ~:C' V> ,< '\)o.;ÞonS¡n~ \0 n ~ '(> ~ ~t¡¡-8 ;fg,Q;;J~;J ~ o=§(") n n ~ ~ ~ If ~1 i· 83 ~[] ..,~-·"·i"'"O= "8 õ So < S ."O::S _. § 0 ¡¡ ". ~~ .:; ~ ~ Co ~ 8. 2- "8 ¡ n õ: Ii -.,< !\ '"' is = =n =2"en-. R '" &,-:ê,'Oli:R"':T n ~.50- r:: § õ ~ 0 !l ~ g ¡¡ o· 8~ .-. a.::S ':.") Q. 9 ::I r!! 8go.....¡~n .þ. d §r;;'""'>". <"~-;r,=" ~ 5'n Eï!!.!5:ð-·&g ò n §. -g.g.., =-. ~~¡:¡~ ~~ i [~~.{ ¡E íi i'd ¡;; õ .-~. ¡¡ .., ~-< , "Eo 8 õ 2 ;I ~. g ~ 0 ¡¡ !'->::ø::s n ;::'c..5C:R ¡¡ ¡¡ S- E¡ n "'.g e, ~ _. c..~ n () _::I < g !!< ¡¡ !i. q. ~ ~.. ìî ~. ... _. < ~ ;:T,..,.....-.... ,..._ 0 n ;::T __ _. _ :r _. :» g- = (JQ 5' en ::s' ~ g c: 'O~ ¡; S-,8 S-::I:S-AS- ~ _..... n c: nOn _ 0 ..9. go õ' () n () ~ ~ :1- ~ ==::s _. ¡a. 0 ~ D 0 ~ ..... = 8':¿ ::ï § n .... -, -. .. tI § .... 00 ...~.., '< 5- g III. ::s '<~On 'i =&0;:;0-' ~ ;,;Jgg!2:;;;nng'g on ,,-.g ¡;.. 0¡re-5' -. () _. e- ... ::s S' _ 5 n 5--'~ 5 S'O'< =00 n':; ¡¡ 0 ><-¡¡. '" <!\ ~ Ii ¡¡ 5 n ~ og g ~. 2. n ª;¡¡-~2.g?-~eng, _. 0 3 _. Co - 11 n :- ... _. 5- ... ~ ::s '-: _. !. ""d"O ::. n ; :;[!2. ';F. n _. _'"'..~=..c: 1nC)! 2.~ CII()9-: » g -. n '=" _. = ~ 0 2. !Ç!lc. ~":;:cronf'"'C '"0 r ¡¡ ñ" '"' õ ~ = ¡¡ Õ n o § n ;1. '" n ~ () ~ Z "0 '" fjj-f f~l:tl~ '" .~ ~ I· Þ' ~ ~ ~ . -~ g'l . .; C:~~2 g t;6·~g. II: ~. i;Fs-1ß ~.NÐ ~ :"'i!·h:~R 1! i'" r ¡¡ ~. _. It 0 ª .a ~~i~ '2. ~ ;¡ 'j! ¡¡- HUt ga1ac S:..sh ~ql!.e tun ~..gr Hht g ~¡¡- 5'= '"0 ° "'.{'j '"0'" gÉ'~&'¡¡R~~ ~ '< Ë. _. .. !<!. _ ~ n a ~ .. '!9 -.'< ~ =:T ". eO =-eø 0 .=¡=~<:r = :')_ n _._ Q o' ::r" S" ¡;ï s"'1_Q.O"'-'TI_ .- S'"ª n '"' 8 s¡ 0 ~~!19.::I2:r ~~~~Jª:i ä.!I.!QO".3c X_::Ionn en' 0::1 rA - '0 '"0 = -. a 2. a > S' ¡¡ ;: g -. 0..;;". n c n c: ::I !U?[5"8¡f~ ~ n 2.... ~ - 8 ". t'1 '" e- 1! '"' = ~ 5· !\ ~ " ~ ih S- '8 .cr n c: Q. _. Er ~. s:- no o ~ '" - 5' _. ~ I'D a 0 C/J~' 5' _. .., 5' 3 5' ('II '< :::. N I'D .... s:- "0 ~~ ~ s::~. no a ~ :::. n r.n!!. 0 .... nO.., (') _. þ 3.=--~g~g,< ~~.2g,g.¡¡", c: -'=',L) ~ _. 3 g a = _.~ ~ "'0 _ =¡-!2. ~ .. 1» _. no ... ñt:"3~~3tt1 -. = g en n n 3"E.-g~=~ -g" Co~- :~~no~~ Oþ~::I-~S:: ~ g. 0 g ~ ~ § ~::IOn33~ !!. g, ~ ". ~. E. " -5'38.".".3 ~ _."E. 0'" 3 "E.. g en VI n,-<,: n n _ () ~ Z "0 '" ë-~iO ~ U.z!~~- S· !t¡¡o¡.2 2 ~ !! ~ e- ¡¡: " ifH ~¡,i'lî !!f5th~h If f.l á' '" 2, If t If 'i! ~~~H~h c Q;;~ UfU r (iJ i~lõ~a 'st 0" ~ DO ~!'{t: o.g !f.IõH· ·i1h ~ h· t 0 ~~. ß9g Iu-h:q E:; h)n~ø:~·f. hš lit&!·~: ~~~~ ~2"H~ ~.~l U Ii 1.1 g.íUH [fi¡(a3°;·.& i1dr~5 ~ "9 ..o~· \ ¡ .g e: Ii" 1! '"0 ~.g 8 5· '0 ~ 8 " n - '" < " e: n - = ....9. ¡¡ ::¡ !? ~ §~!!..? a8.RlÞR.8g ~[i ~1 ~ ¡¡ [~i~~J· !2:iõ!!. g:~ ~ ~ 8.og'< gii ~ ~ 5. ë ~ 2" ¡¡: 5 '0 ii~.~. ". &1 " g Ió !! !í ª t!J ß or. "".. ¡;: ".g, ?' 1i2. :!!. <:r[""ª ;ll!i5'1'O n!i2.S[;J ë..n-"· ~ Ö ß s' 5· :i. _. n ~ §.:T ¡;;. g ¡¡ Q 0 5·5'~'::.g §.-g ~~ ~ ~ .... < Q. :J. ;"12 5""'1.... !\ '" 2. ~. n ~ g = ~ ~ r R If õ· Co¡¡~gmCofñ~::;>'- -g [ ª. ã> If i:,3 [~ ~ ~ ~ ~ .. .. ttI _ 0 _. ,..... ~ n ¿ a.. - ..,0..." ~ =r" ~ C/J < 0."0 ::I ~ 0 _. i1 - n ;:¡ t; ~ ~ § g. 2 3 g, :s. g:g s¡ ~ g ~ õ ¡¡- fG·<:r ~ ¡¡ ~ "" g. ~ .. Co ". -g .. > n õ· ~ '" 2. en ¡:; a Q;I :;:¡::s Q;I::r~ -. ""C ~ - t<nCo!3''''~. g=>"¡¡, n ::s _. Õ' ::r _~. Q;I n - = 3 n '" _. =r 0 Co i o _.n Q;I n~' 5 n ~ [ '""'> Ii· m ¡;;. ~ Co ij. Co n 5· & 5' = '"'.. ¡¡. - 0 m _ _. ..,n,<;c::s nn("¡t:::j"'1V> Q;lntno' ~:ren0.8""§3 ~ ~ :;: ~ g' §t ¡:; 2- 2. g õ 9 !'J. ~ 0. 0 ;" =1 n rz 5' Q - s:- ~ :=. VI _ :3"'C 0 :r n Q. Õ' no _. 3 S- 0 n"li! ~ ~ = 5' ¡;. '"' ~.¡¡; n n ..., ~ ë. .. - n n 8 _. ~ '0 ª " ~ ~ § !í.~ ~ 3 5- g a ~. ~ ~. tí Q. no Co 'Eo' ::::! c: -n'::I I» s:- n p.. ~ ~ t:Ij::l ñ n~::In~g ..,enoo~= - ~ Co 2 .., In ~ 0 In ::I ~.:=.- _. s' < Ii: &''' '" _. n =r 0 1! S_·",&,Q-'¡¡o~~:TP" i ::I ;" -':$ £ ~ ::I 50 g. ~ 0'" g i? QQ i3 ~ n _. 0. Q .....~. :r. ~ -noo"O ¡:~Q 5 S'-~ n::l ô-<'-Jn ¡:ïC/J..n Þ_n !ii=--o. ¡ . ! ¡ \ - - 0 ~~~g'. ö ~ 3 n .." rf td ~ an 0 o~o~ R-- 0-< 3 C " E- . n ,. 0 ~ ~. o - o ;; ~ .Ct n ~ 5'0 " . ¡¡ [ ~:~ &!?. ~~ ='" '" -. @~ "'n - .. l" ~ [;! . 5''' ~E ;.~ ,,~ H !i- . '§ i - ~ ¡¡: Ii' . õ t '2 .'" 8 '" g 3 Õ c..a~ (') g " z-'" '00- ~ ~ ~ -" " ~~ii' gtt-õ '!;on~ ~U -.= ~ y¡ ~ õ ~ I õ g 8 - ~ g g! In· ;.:>1;;' (')¡<! (')" -on §§ c " '!;o'!;o ~u. en _. oii- >;1. en _. :=> -2- §CT ,,'< '!;of? '" n '" " ~b~ ~ .,tj..... S:j \ 8 :j :E r""' :E ~ . ~ ë: i!, ;;i " g, Ii' :;. H~ ~ E ª a 'H ~ E o ~ ß. .. ~ '" e-;;' n~· ~ n ~ 9 ~.~~":~_ ~!i ~~" ~ g E" ¡¡ i!" .., ~ ~ 8""" S" ¡;. 0 " ..¡¡.¡j'!!.~.g a8.".1 ~ ~~~~._~O 00 a·- ¡; ftG~.~~~g~ ~E g~ã ~ § ë ~~g~'~n ~~ 3' ; g-~ ~ _o~e-...",it ,,00,2. o 0 ~ þO ¡; .. . þo Q. ... ",' :I ..... s: .. ¡; iJ ñ..:I 2.!l "CI ¡:: - oq !! ~"O .... .... ... ... c. ~... . en t;I ~.e:..E.n.c0t:. ~õ :1t-S0 .fJ 3~~.~¡;~~; ,~ Q.~; ~ ~n~5.~~~0 2< ,,_.-< ;> . o..-.~~~'¡; ..A -3 3 3..g..........:> I!!..ê ::.~n B ~Q.H.~i!. "~ ga~ ~ g ~ ¡;:; ~ - ... ..... . to'::; . õ.~ g>~ß ~g, ~ñ ~ 0 '" ~".. n" :. ~ ~ ~ ~g-i~ i~ ~ ~ ¡;:;;J OCIg 0 . to ~ '" -¡¡~ ~~ ~~ ~ ~îo ¡cO .a~ i! ¡¡ g,g c ~ :io è.. 5' ~ ~ 0 iì\:;' ~ [i~t ~ Z ~... ~ ~ ! I: P' ~~ !1.â ~{h i~ 5... ~ _Þ- ~ ft . . . ~ ;.:;. -< ø' ~ . ¡¡ 1_· '" ..... 3 ;Õ' :l;cn ~ '8 ~. :::: ~ Ii ß § if ñ '" '" _ . ~ E.~ ::> 2. § )!;¡ Ii (') ~ _ g ~ U' ~ ~ In ¡¡~ ¡¡¡ ~. ~ ~ ~ ª ] [g, ~ g,~. '8 ,.. ~ ~ g;~Ull~ ~~2.;: :;. ~ ~ _ Iä P "0 ~ ~ §. 8 ! [~. ~ dll~: ~ h i ~ ~ ~ ~ ~ ~. [ ~ !~.~~] g~~I·~·!l ~ n ~ 0 0 ~ 0 ~~;¡ [~1. à ! ¡ i~ r~~· ~ 5 p ª"g§ g~Q'< !J.!i = ~. ;i g !i iii- on g š ~.¡g " g '§ n ~ _. ~ § e- '0 n 0 g p. 5 n ;; ¡:; ~ 0. 5 (;':? ~ E; j' ~VI ~ ~. ñ 0 0'" P5 ~ ." CIJ s.. so g §. ~3-g ~ "'(¡ ~§ S''' c..:E~gQ1gao. g-n.g o.n ........._0° ~"O"'O & :. ." _. no....... .., '< w< :J.'" VI ~J6::3 VI"S¡ ::r~þ Q.1 g.g g 0.. '!!!. g f?!? n g '" 5. '" S· ..:§ QE; D.!iã'g~ t"?:3¡; ;¡. !1 ~ g .:< ~ ~. 2- g !'. ~ g 0.-00= .....- < ::;' n ::J g...... ñ ~~ ....... ~ n'~' ¡!~o.._(')"~¡!on:TO ~ g ~ .:; g-"ê c¡ ;¡~ Q ~ § _. ~ ~ ~ ;" ~::I VI ::c tj 0. g ~ Ii!? y¡ ~Q ~ H ~ g G -"0 ::I VI P¡ ..... VI n W ~- §~a~G5.§-:Tgö.g- '< ~ < .., c..g (1)0.-(') 0::1 õ.:-g~-g In S:"'tn § ¡; S' _ n <. õ· 0 E; _.:1> '2 0.. ~ n :E Þ Þ::I ~.n::l oX ~::I .., 0 ::s h I» c....... so :3" _. Pi: - _ non ..n ~"R ë)1 ~ ~ "I19~'"d n h:S ~. 0\ g.~' 0 ~ ~>OQ () I...('t:f ..ê" ~~I!.g _!;o~ ()'Õ a ~. !! . ~ ¡;¡ § ~. o 0 ~ g E- '" ~. ~ '" å. o ¿, o ï ~. " ~ J ~ ¡¡ o p ~ ,. ~ . it z o\! ~. . tJ !\. 5 ,. o o ~ o (I) §~§~ QOtJl'! .g~i:~ ÇW¡g ,,~ . ~~9~ ! 10 ¡>J ()\! " Ii f ¡¡. - .~ ~ ~ f § hd~ 'õiC¡'õi'õiØi is;;; IHH ;tt~~ '" ~ " '" » " n » n :¡ g;l ~¡;>~¡;I!'!2;;1 :<9 ~p-õ';J' \ '" [ õ"~ " VJ;;>~C""; :<: < § '" ëi .. - n S ä' IT ~ ~ ... o' ~ ~ ;¡:~'ª- "'~ ~. Õ' E:-< g. l ~ Q . ~.!Ir" 0 ~ ] [g~ H n- o. ~ ~~gl~;ì~ pt." oõ. î ~ o· ~ .. . ª " 0" >~ "- WOe. g~~ .-¡ " õ 0 J g~-~g5f Pl@«'< p .'" r ~~;p: ~ ;:I. .. en . g 'd i < &. ¡:;,;.a:,_~. ß. roo 0 ¡:;. Q'S8.;Oi? :;; õ E; .~.~~ ~. ~",~",g¡¡, * " .00 .o~- ! !!..ë. e:;e: ~. r ~. o l ~~ò-8IS-"~ . g- S ~ Õ'~ c;" if ~r~-~ f R &.-wl of S ~ :10 ~ 0 SoP 0¡t ¡~p~ i; [ ~ C">p-2,& ~Eï~iltn~ ~ ç> ¡r- . ã õ 0\.. . 2;.,0 õ S s·~ t::::~ A "Ø '< ~~¡s '¡Jf ç ~. ~Q_n £ 6'''3· == §~ i f;;'§·¡¡-"-5 ci ~. ~ h ~ ~ ¡¡' . ~ ö:"'~ .~.. ~ n~~ 11.1-- a· ~ ~ ã ~ · .. 13..J õ' ~ c:r. &. 6 e.""8 I!: 0 a § ¡; 0 .:9 g. 2" ~: g s':;: . i( ~ f!; <4 å <: < l' ~~ ;,1~Jt ~ :§ "'? . " ~ if' tI . ~... _ 0 ,,0 -9 ~a s·-! b , ~'o~g,"§E" o ~ &Š~8c:r...~n l "" C:B nf.g·~S J:~"~~g. § ::.g ~ en ot> 'T ~<tT~ o 0 F. E..8.!l.~'" g E: {1 n ¡:: õ' CJ ~:~~S~ - § , " '" &".~ if" n~~ 8 .. · ø; 0" 2. (> ~ p.R ª;; 0.... '< n? » !!. · ~ '\j [ 6-ITI ~ ¡; e ø..p C a 8. 0 å 0 a.. ~ " a: .:.t'n~ n - _. g·g·f.i<Ji~2, ir'ão A'S 9 tJ ~ ]~§$~~:~ :<:0': 9 00 ø::l8o~S-~(,I) _.. .;¡ g"og ~ g ~. o ¡! ¡¡. B. ¡¡- ~" B. >'1: &g,r-~o~~S ~ [2.î ~ 0 ~ ...."C' 0 & I' ¡¡'Jl ~R 8 9- ~H[[~ ~ · "IS·"- s () ". ~ 8 Ë.~.o E å."-':: 8 ~d~5B.1§ i at ....0"00 ;; _. ~ I<¡¡ ~ ". Ii " 0'11 ~rS f õ" -Õ"§=OQ · := Õ 0 ~ < "'. ~ g·!}..!}~6 Õ" 0 "'19·6 ~ R~- ø 8- 0 ~l!~<o"-< Hi:'~2.~ g·~¡¡-~:g,r'~ .. n . g: .5 ¡¡: ø ~. ª" 'p -~ P 9 _.~~¡¡-~" &. .If~ g~ õ - ø'a tJ" ~ ,"g"~~o_ .;. Õ" ~ Ii ~ _... . 0 ~ à 3 ~~"f ~!!.~ ;¡ 00 a. ~i ~ h ~ .. 0 õ_.. . q~.. ¡tog ã'P ".Õ" ~ ¡¡ ¡ tt 'ë)t .. I< .".[. ~ 6·1< ~å·r·~~ 3Õ [,9- R' 3 R r ~: ~. ·8 i .. ~ "8 . ;;:'<~ T ~õ" g.~ 9 h ,,=¡¡-g. ~! ··~i .z Q9. . !3_.~o ... '::JIB. 011 e- n ·....·š r; "" n ß.. 011 ~ " i¡6-!l :J." g. . ".1'1;,1 e ~. ~ " ~B. ~Oi[ õ' < ~ 5 a Õ" '< ¡;. - 0 õ ~gB..~! -'?.n 0 co D :J. ~~ 0 - - rg > ~ gS ~(")a"'g ~ ;! o..!!.'" 0 t:I o Iii n _. II OQ >- ~~~Õ'=:...,(") 3n=3ga=' "0 .....'< ..... - ë=ïftîP ô1ô1' '"tj::l 0"'''' ~§ 5:¡¡~~ ~B.B.!!.8:rn ~ ~ § S" ~ Š _. ~nB.-':; t'T1 _ut 0 ~¡f>Õ' I!:!:r ¡¡8~~g~~ 5· a !r ~ ~ ~. ;¡ ::I :; iii' n ; tf.I g. s:: ¡¡ - E - 0" ~._~í»¡;"ï'2. _. ~ 0.::. fiI - II 00 00"'" i!? ~. ì:" " e¡ òo ~ 8.~(')~Ii;:Jä. Zg-5:J>1II::I::1 ~ ... 3 ~ 5·· B. =5-:r ;J roo .... 0 (» _. -.00 n = E? < to) _. 0 g n ~ nqª-õ~f;-g W ~. n ~. § ¡; ª- _30111 ..,0 ii "" = ;:; R ~ 'e. g.:ª.2.~~: ~ 0 g if S::.:1 0 So u .... n n ';..... ~"'O 0 =:S........g¡rófi. !.Q~In:=~~ en~ =c.E?- 2Gt::J=.g3C) o..n"T' o......." <:<:-0 ~ ~2.::e- a ,,¡in. - ¡; "0 '" . _. 0':-" tf.I ~ (j 8. ". ¡; -" o ... c 0 ""'¡::I n 0. < _.::T 0 n n ::10_5;=-< ." r ;¡ ¡¡' - . 0 ,~ n "8 " ~ õ 8 ¡¡ n "- en v > Ç> "'3:~~~~ ~. ~ -. s.~ ~. ~.:iG-~Q;; ~ø if· l' j ¡"ï::!:"~b' @.. r- 0". P-g¡::,õ4 ~ '" ~ II- ç: '" e· ~ 00 n tn c ~ ~~¡;~1 '" ª '~l~) ~. ~ ;: 2. -',å SI. I> Qii. !l ia E.!'. g~ ¡r- ~.~ 'š' u ª n " '" ø p ~[~f ....'< .- ~ [ ~ ~ ö: ô w ¡; g, § ~; if P. ;i 5-gg ~ 0 ~ . ... 0 . ß . !!. C s.. !u iH..~ ~[g 'ð"~ ~~ [ ~ . ø 5·" ¡¡ o C . -""'t!. R.~o 5' ø "h [...g -s... a. . ~ ~ s: 5·:g s 1f5'"" ã ;-Ë ~'A n R -. "'W8. . . - "õ~ hõ . ~~ :::~ a,· '<-< &"g' ~ '" o " g ¡; ~ . "CI:d g ~ ';;)~ .;o.t"[" ~ ¡;. '" 0. ¡¡ .'& o. (1.-i~ : ~. ? § ;:¡ § "''¡¡ ~.,. g.. ~En~~a f>&" ~H'!! ~~ ~.~ '"'Iit8ôg. ~.q ::' Jõ " '.0" . C 0. P n 0 C'. s- qC>'t~ g. E:g;r n 0 ~ '< ~If ~ ~" 9.nõir <~ ~ . 0.",. 8 9 F a.~g.g.õ n;i 8.~... 119:. "n ;:r õ'~. n :;:¡ 8 ø ... (;'!. ~ ~:?02·8 "~ H~h ~~ š·gt:hJ5. e:~ gol!. a §P. ß......:d 0 ~'8~ß <' ~[..~ª ~ ~ § 0 g.D 8. g" õU i ~ [ 'ð'Oc.e Ò c: ë.~~" 0 å: ~U.Da. õ. iíg õ·!!f !!' ~·~·í ~¡¡ , ¡g > n ?> .", g ~ @ íì' o @ ~ g ~ o " o ~ " g en ~ 'f' g;§5[~~ ;;I g'g"iõ;t ~r;;l 8 c o r~ ~ ¡5gg0 i {l~ a - E " R õ" o e. :;' .'\1" ~ a =a ø"&~Õ]"'" _.~ gO" &: õ' ¡¡~ 1% '<;-'< snd ~ a." Q SU". -8Z ;jt [ n '~~8 'ä"S- . 0,. ¡; ~зE' ~ ¡¡ -et n ~ ~!'ho:: ~Dn;< ft I't:i'< g·r~·ã.o~g· ~ !tIS: 1! ~ ~ " ~ _""~:> R '< . g" õ' g'~G:!3!'.. o "" 2- !t<~ ~. 1:1 0 ø. S g- S 'Q >< ~If 6.g ... ~ t:I ¡;; .. £; ~ ~.. . ~~ g-~ ~;!e B ::;'6'~¡: ~B - ~ n ~.S ~~ g !t å'< ¡;" ~~. s Õ 2'~.~ " e- n R < n ''d i8' ~!fS-o.gn ~g ~ L~¡¡~ ~ r; ce _ Ii' 0" o S ~ " ~~.5~ " if ~ ¡¡ a· ~;-~ ~'<~~Qa~ ~ ~ ni · n i:J" 0 =' E ~. ~ ~.B ;. ~ ~ ~c.~ ". ~ . '" ¡¡ . 0- 2 S ..... 0..5. E.. 0. n o.~t;;~ g. 9 , ~.o. ¡¡ ~ gO " c:: _.... ...... ~ ;-:i 8.g. 2"" " " e g-; ~ s . !3.... g "" " -- g: ~ 9 ø.-'O" gigi ('0 n"& '" 0.... ~oo - ~\f'~ ~ sd.U ::I .. ~ .... g Õ 0. 5 =. õg..s:~o ..¡ ~c::g,o.a ~ .... ::J .. e 0 " ~. g õ· .. a.:¡ f ~~ R &==::J a'2."'CI ::r § _. a. 0 :rQI~S :f c: g OQ 2, ~ ~o e: roO 0 -'< > n t: .. IO ".:¡ e ;¡' ~ï 3 0<1 ~ t: ~~~- p." 0 n "2..:< 1% g ~ ~ ~.9 ::110.0 'd . õ' ~ ~ ~ _·S õ &g'~ ( Q 2 n .... q ~ il~' tJ M " ~~~~! t"~ 0- n ~r' ~ 8. a.. '3. ~ · ~. " _ " §~ª- n I I·ª i Q¡;.¡;.I!- ~ o 8'" o.::ö 5,3 g' ~ ~ ~ . õ- ; i~ã. ..... < ~ .... 0- n'" · ¡t;;l;;1f6· g. n-E..O\ .. roe ~U '" [ 9 It < '< 0"'" n ::I. It:;' ~ .. a;;1~- ~ B. ..~.... g.§ ~¡; !::. e.. o' ;:¡ " HI~ . "n ~ I!- 0 8 -u. e " Ii ..~ .. 0 ~ ¡;. ~ ~ ~ ~ : Ii . g.§ if~ 2 ~¡;.d~~ õ" 0 " ~ I\' ·0. i' ~ "" ° n ~ g ". õ; s- 5. ~ l ~ ~. a ~" I!- lo!~ ~ ~ [ä . . eo . ~ [h ~ . ~ 0- ... ~ ~ Po c. n =' ~ o.~s- ..¡ It~ S.B.~ 5 c:s§ ¡¡; G P ~ to. So .8 " -.p õ ~ sp·[ ~i~~1:~ " ° !.'O 0 ~ ~...¡¡ ea i1."~ 2 ;¡ V> '" [.- ".~ Ell IH P. ~·,s ~ ~ 911" a§~ i·õ~ ~ § Q en ~ ~ 0 ~ lõ p.o'è.ª,Z [g a: p" 0 ¡o~ ~-<SB. .....t:ntlC a~ ;~W.5 .g Q9. ã !!- If ~ Š ª !I_a § ~< ~!.. ""> . "'. iR·H to §.ag 0 [i~ 1& ~§~p~ t"n l¡~ ¡¡- fut .[ 0 . :. 1- " ë- 5 ¡;" ~ 1 ~i ~g.ä. ~. ~~ l5t~~a ~l~'[ i ~ i"·W .s· I;" e: l ª. 0. !I n g ~~ ¡¡-F ~. ~··l !p.r "ß& ~ 8. 0. !! It.. . ,8- = ~ " 0- .~ a - w > - - '" (") :r 3 C1> :> - - o (") o 3 3 C1> :> - ~ - C1> .., en o > n å~~~ ;t ~lrH¡¡t;¡'H~;t " 6·~S" 8"·r6T"C@. g '" g: s-...,- Eï S' ]; ~.. 3: a.. 00 '" -G-olti<- tpt~ ".§.!!.o&~¡;.'" ~ g_.$.;?~¡;¡ E.-' .g t- Õ d n $t >Q ~.: c. . 6· "." · ~ ~ ~ 2: o·.!( .:;¡at~ ß~·o t- '" o.! ~ c. ~ s.-:I g-Q.ß 8.~ o .. (Þ .:¡ r: " 0'" ñ·C - RH ."tõe~ ...n _ nOQ "" ~d~ _a·11· ~. -"e¡;'<o~" f" t: ß. .:Õ'Eï\f ~ ø::;:: g ~ ñ"olO öte e-.....~ !: n_ 'j~n(') c - ()~ ª sn....~ ~~gg RITO -f ¡ P:°tTI . ... ;i"'g-6-~g:~~if l~ã55 t[n ." S· EiI..o ~. ~ ~~t!r [_";_.0.°'" s¡:- .8~a!r..a"'ac.- ". § g- i 'a ~ s."':!. o oO°ä ~::: > g.Ei AO () 0.9" ~e e ~ g 5.R 8. a e. p.o~gY<6'ã·:!J f;.C ~ .šiH~~12'1<~ a - e- II" ~ "" ( . 6· . 0 B.~,ªooa~"s8.-< crn--· ...... .... 6 n !i". " . 0 Ä&..e.Õ' ~!:.~. fg~ "d :g~r:.::I ..[" ¡;._.,.Ew · ° ~'\1~H~Hs:" õ 8 J' Re. 00 .g. oWnã·o. ihLJÌf "" !~&~t -. '" g:~nñ~~~8~~~ =tn ~ ;:Jg-~HH"8~ ¡;:a g IJQ ª- c: g: nn ~ g.õ·_Soiõ'D'" ~~~~ ~ 0 ;:g.ãD.~ :J°nC::·8 o·a.=~ !: Eo- . It ~ g ~ o -e ':">- Š. Ë:Ei g-8.~.~ ¡: __ cr-I!!! 0_ .? 0 n 0 oo.8.~ ~ ¡;; ~ ~ r 0'< S ~ n e 0 ~ ~a.~· ..., g.. 00 a Er ... \þ f?~ ~ Q S' ~ . ~ ° ........tJ DO _ ° g~~~~ ~ c. ° So rrJ... G3. 000 ~ f" X" So- t: g.-5 ~ [~ [~r[~ § :? :>~"Š"š ... e ~·2:~n &.~~g.f. ;1 ~p." ..... n '< ....~... tI ¡;:. ~~ §. O"~ o ~ ~ :::J n tn en ã n 0<1. : n ,. t -~"'~" , " g. '" 8 11 ~ ,,"-_o~£ltåw.c,," n ....:E .. n 'g 0 3 ~ ~ d ~õ~ &. s. o?~õ'R .. ..... 00 n .- e~d "" ~gd~~ i 0... =g.~"", ø.&R ,,"~ }O 5- :~.5n§. ø. Jnõ~I!!!·~ ",g s~Ej~ £riJ;:~~.~ nna. ! ~ä iltH 3?" ~ ,,~g·""š ii"å ~£e ¡¡, (a ¡;,~.p'[o h =~-. o·~3P 13 o,'!!. 8 a -·l '!~~~ ~.~ a ~~ ;·a &~ ~¡;:Õ' e~g~e~i'e.å[ il. ë·l. ~ R ¡¡:p ~ "~"F·ª~ ~~-g- ~Ë.~f~l" U-"~ f~ -t-·~;;1~ 2 :::.'8 'if~ o·~ t:l: e: t! å.~. g1{JHª ¡¡ " "... ". a e î g.~h[ ()~r\~;I ß·~';[.~· ° . 0 - - å r õ1è t:r 0'" j 5- ¡: Q & ff :ê '8 g p, ct a ~.e- 8. 0 &. 8 :;J 9 ~ !~f·L.g g ~~~!!., ~Q g"S' ~ - ~. e: g 0 R'- 0 ~ ~ .. _"so '" Rë-'" ;: ~~ 8';;:8'( ,,-B. . C.o:o o ~ :! -<>........ ,.p'!~ ~ &.~g-g g ,!!. - 8. ¡;.3 .".. 19~ ëZ =o.e;. > ~ ~ L..~ E.~õ5- iR·n¡;~ õ~ "è.~§.S" õS · 0 o A ° 5. ~~ E' _. g tI) Eo ¡} "",,- .:: ~ r· 8. ~ R g. s. ~ R! î Q 1o.¡;,· ~;i _0 b å -'i':1. ~ 6·8 ~ i d i H~ i&.¡r~ o c ° S e.' · - §' .0 õ Õ tt 8.. C §.'è. ~ ~ E~· r ii· E. õ 0. IHt] [f" 'is: fro 5'5- g ~'!!.J1 h~t g. !i ". g.~ ~~lri .~ 1 "g, §·õ :rE.w.g 8. _.- îõ~ .~q '~. H ·8- . \1'0.-1 h¡; 1lt~1l-~ It < ... 3 g ¡:: 9. "¡ - 10' Uo· .!i'~ ~ "'§" If It"~ 6 ~ "'- 0' " g. . go " . ¡;. 8."g ,g ~ Jl ~ ~l f.~ jl~Õ ~ß.n ¡¡ :r It n ....g" õ ~ "" > - - '" " ::r 3 '" '" - - o " o 3 3 '" '" - ë> - - '" ~ C/"J ÇI > ("") - -- g,'i?~:¡¡!i:ß \;'!ë~¡¡,g ... o;'--;ln ¡ ~I "~¡! nH~ HH11 ~ ~gs§.CII~ R~¡¡alcq~no ~-<·db'~ !.s. ~o. 0. cr t:1I "0 0 I Q -."'" o·~.l~ i!.6"glt. ~ ~ o' &. ~. ;' n D () < r -< CI1 a ;;.'0 ø.~ 0 S · " ;f~ l ~~.õ.~ .. £°0 cr... ~lfg¡;'G-t!&.e!~~= Ei·~.g g ;; o'3.~n "," ,,",".g 0 t;; ~. co .. to &. - r.n [5 &."d QQ u.o £ ". ¡:' ~ ::I. ¡; g, ~ 00. š-rf£~ ft~ e'&,p,D.'3'jS ~r:: ~ "Oo;ø.r.nö e g. Ö&!õ. i~~¡~ ¡;' S [Z::I. g. 6' ~.:2, g. ~.. ga;g a~¡fä s" . " a¡: ;¡ E ( Q"- =.S: 0 e a.... -<.. .. n ] ·tI~ ª oOã .. ·&.õ§·~O f.. g ... . l' g. ~ Q<I 9 u.ª _ 0 g;. sr ~i o.~ ~ ...." ~ 0 a. 2 ~ .g > 'E.;! ..F ~ .- .. ~[" W .~ ~ ~ po'l9. g! n ~ 0. 0 0.. '::r= ~ g- ..... þ> n .. ... ::r:? Q .g ~...- · ~ '< . ~ is",Ë · "- s ~;¡.~. ¡; ;; ~. n g. § <' 0 · ~ ft 5'~:} ~ 3 ::I. g Q" ~ ... n ~ ru~ ¡; !i .J!. ;; n å" a ~ Qø.g.O 0 VQ ... Po"" ~ "-hä 5 g.~. § C 9 ~ = (\ .. ~.::, ~. ~ 5· ¡;,.8 '" . g . ;; ~ g.,. S 5- ::RÈ'~"- :;.O"t!.!.¡::C!jg.O "''fQ. - ~. . ~'<; ~ n n t- n 0 ~ ø. ..;; ~ 'd to a ..... tt" 0 0. n E. ~ g n ., :2 g- ¡;¡ n.:c ë" È 2 -< 9 5' !!.e~!"'·~ .g ~.t :r:: ~ ~ o. ¡; e¡~~8r; n It t: Er " It c ,. . _. ;! S t ~ ."!!. ~ 1: -< ~ ~Hi= ~: o. a ¡;. g c ~ 0 ft n ~ ii' . f?3.W~-Cla¡;o- õ-" n Õ n -;. n ¡;. 8 ~ ~ g.~ .. _. ~ ø: p. ä E. g 0. ~ r- - · R § . ". ~ "" r" ~ ·Hg-a fA 0 5,0 · .·0 § E- o. ~.[~. g:S ð ..; ~E. Q _.~ ~ < t: 2 g..._ · fi·pli ~tf:. tt. qõ~~'" . - i ~ 5·" § Q 2- ~é'';: ¡;:n~-<~ ~ 8 '0 n ø 5·¡¡'õ g. ~~hl tq .......'< 8. - go· - .. &9 ~ § ~9rÕ'~& . 2 . ';! 8 ¡;.!i g, §" ~~.q.~ ë-. ~ ¡;: r': r; g·~i ~ ~...&. E. g. b- to < ;; ~ V) " 5·g ~ g51;: o::J ¡:.... " 8" to (I') '" " 5 l Q -. S Q ~hP' n _.~ ø 0 ~ y~~'¡ õ~ c. "~ . Il.:¿'<" tI- 0 ~·tg} ~ -1" "':<9=-90 ;g.~-g ~~~~.~ !" õ ~.£ g.. ~ ~.. E:';;' !j¡j .[og B&yq.¡;: ...::J¡õª9 ~o~ § &.31 ~ å.~š.! "l~Õ õ 6·"·0=& ~š'[ø~~ !.g-g ª E ~.,!!. ~ a 80a .. 0 5· 5. ~-g ~ J < r [1!.('2 ... ~.º.H ~.5"~~ D &"d ::: '3h ~. P "-< o ~ .-.:!'. )C 0 """'-' 8 0 g. i" n g,''l:! a.o. Q. C. Z:" ~g-š ~ og 1\ ~ õ ,,-" r [ . ~~11 'HE.f1i . ¡;.~ .op n".'!!S~ä~ õ 1 g.~'§ e:; 9.3.! .. !L ~·~qH §t:ã.~a:--.. ~ ~ ia ~ õ E !!.g'< &.00 "-~=- " ¡¡.o g Cu·~ ¡;.';¡o !.iSg;ltd ~õp 5- I:!. p~.~. " o;! So s- n.g :r S Ë.¡;Ir ~ Q. g r n ~ ... - ß: .- a" 5 a fi ~ .. II. .~- g I< 11 e· 0 5·5·[ ~ g; g " "- it S· 0 - - ~ ~ .. o § co " ~ ~ o o o 3 3 co " ~ " ~ ~ co ... en t) ;¡. (') - -- ð ." '" '" 0 '" ~" ~ ö~ t: tn~ ñ" (; " ."... ~ ..~ g; Jf ~ """'~o o ~~~.¡§ I. ~ 'P'P~>õo Š ;;;'ß~qg'1 õ $~õ~~~ ';3. -... (" S .. 9 (") fig ~ ~¡;>ge:i u õg,>tH~ 1 if ~tll~ liJil·I§~( J' õ 0 if ~ g. g ~p ~ ~~. a~· "."' £' e s,~ J" R 0 -.( ~!. " ~¡llt 1~~I¡i~tl il ~~~~'5 ~~t~§š~Eª ~g ª".~"o "".:3 ~ õ-g 3" o· ~- (~tl;t rr!~ltlli 11 ~ a.[[ ~~~rg(")wl~ ~~ g ~ga- ~n --~~ '0 ~B ~ QO. Sõ ¡;s5S..ifs .~ ~. '" ~9t:~. 3~S&t~~~c r~ ~ ....fg-r~ 80[øaees~'< c.n ö $~[~~ !i .i~~~ti !!f a ~.: ~ . g § "'~ ~ ~ 1 [ ~ ~~~~ D~PS& 3 "5" ~ ~~~. i~~~~rV~6 B o~e~ -~~~ok-l< ~~ ~ ::;e:1Q t> g-g.0"""" 0"'8. õ.B r'" I!.:p. ~·¡¡~~~l. ä' r~ ~ thi nHUH H ~ ~~~~ ~~~~t~~~ i~ IS.¡¡:U ~ ~H~~h n" I!~i iil!I~11 11 lip ,,¡:~li-~ ~ g.2 f ~ µ " " - ;:: ~ '" () § ~ " ~ ~ o (") o 3 3 ~ :s ~ " ~ ~ ~ ... en CJ ;J> () HHfwf if ~ª¡¡~~[az: de ~t~~~H~ HË :Jõfl ~i..;!~ 1:0017 ~uj ah ~~I~ ~~Bh~~ ~ ; ~ ~~eßš2.~~ ~I>~. ,,~éli"~ 1ft: l s..¡¡ !.oB.n(Š "F UÊ~h~~ h~ [:k"'3 ¡¡ [ ~ é ~\1 i'~ tZ"-\r°.1i" r~ li"HJ!() ~s ~Ü~~~~~ ~1 g-_'~i~"'a.,;; QIf ~"~-"a2:~"" l[ ~;¡,.k~;š~ š, ~~",~If~~º H ":Ii~S=~R~ §.Ct H~i!.~8.~[ ~r ~~1 n~fi f~ !"~~"" î~ 1j¡" ?~Hd ä 3~ !1Pt~Mñ ~H·· J!. t .:E 1 ~ "= ~~. B.. :T::r... 5' - -.I '" - :t r- R ~~Hi H~e-g-a~ ~§ (A"!- tr ~ª~¡¡:~i 5- ~PI:! ftiÍi~~I"~ Ha:;:;n §g.¡¡.~:>oh ftl~¡;¡g~¡¡ ~l~t~d ~g~5~~3 ~ ~O¡;EJa . S2,=~-I!.. ..!ih ¡;¡- ~ g-;"d~ Ii", . t;{l=c~ n . ~ 'it r! -<g ~ i \5 H·'¡:g . ! il!.h: Ii" -' ~", h~~ _.~! ...J ~ ~"U:l('r in-in R i~~.o 6 ~ º~11f 0. ! . If S ¡;¡"""ë>gZ ê: ~UI·~ 1i õ·.!! '" ê - ¡~'" - 2. o· '""" 0:;; ~ "',. .~ I»' 0 "¡¡'O a-C'· <IS,.- :3"0.< II !.j ~ ~ i. g "ë>~gg - . 8 ¡; 8: 1»'.'" ~¡;]ß-~H. ~ § ¡;; ;1'0 ~.g o ~ "c ~ " c £~'" õ! - -- _.:¡: . _. =-. ::ro("),<n.o ell ~:r' 5' ::I pg~;;:~:: ª !\ 8 " -." 3 . ::r.... x "'0 Er E < 5·" a .... ell fì _. (") :3 < " .. _ _'0 g 3 ~ " j;' C ñ" . 5 DO "'. " õ c. 50 a S· ET :::1 ::I. ~ n 000 n r:- ~~=::Js:-o::r o~~nnS'~ ...... ;::¡. þ) 1"0 '< 1"0 (")=o"~~'" ::r~""'o.. ""'1\ E.~·CD"t1g§n Q ::::::::;:.~. g..: <",g"o '" Vi' 1\ = ~ ::s a Q. s::S~nOO~ . p[~;;;[ 3 ~L?3- ...... OJ. ~ ::s ~~g§g"O .g ~ ~oo..~ '"8 g ,. ¡,O Õ ::1 o..? ~ ~ ~ - ~r iJ ~ ~§~ h~f ·11§-11\1 hH k t~U nb~ E_.~ U¡{ ªn~ g ~~G· §'~~ ~t.n gfU ng- ~ :'·2 > 9.. ~11¡¡ B[~ Ii ~. 8 If n '"d'" I:'d p'~~ § £~ ,.. g g.' '"d PI _. ;I if ~~"¡ç §~lg, goõ>: 61-..,0 C'.~ S';¡ 8 '3." 1 iilõ "" '< -·8 Q ~ '" 3 o..CDo.a ~ P.~· g " ;¡ " - õ = c.. N" '0- .. 3 ~.ã''' g g 3 ~ .; !!. ~ ~ 'ª. ~ 11 ~ ~ g E. ñ· r:-~~; iig¡¡", < 0.. R £;- !\ ,; '" " ¡q Q .. ~ o..~ ~ a ",¡;"Er '< o..()n Er Er~·" 1"0 1"0 ~ 1"0 ~"O~2. o.~~Õ' ~ -'1"0 .., ~g¡;JS:- . ~ _ n w ~ š~5>E¡;; ~ ~ ? g~:<;~þ ~ i 1 ~~~8!'1g ~ . Q . i;2!~ !'] i gl~?, 0, E 1 "'? ~~f. tj ~ P -n ª ~ ~ ~. ~'a_ ñ '3 · gEQ t .... i< o.?: f- a ~ Q,ã-< :'In >- 2"[ z o :; ª" -< ~ C ¡. ~ r f "" tí~~ ~ ~ \íir~ ~ d ~. ~. ~ ~ ~ÇH t ~ . ~~~ :<1 ~t~f 1 Õ \í! ~ ï ~ ~ .:I - ::> ': .~ tJJ - , ::¡ l> t"'"i ttJ> c ~r <'" ~ > ~ C1 c: '" ~ '" '" '" " :I: ~ :I: " :I: t""" t""" t""" ~P[ Ui ntlfu~u !-' ¡;Jni' ~¡;Jt<";- '" ~¡r ~L 3~~~~ cjt ~ ~ ~."g r[¡J!~ ¡;.&Eä r t~~ ... P~- ~l ~r h ii!r [ ~? ~~ i JiH~f!!EUh~~ H ~ ·5~ g ~ [~ g -=l8!K !'.f c ~[d idl §.gQO Qi~ ~ iH ~ ~. fr ¡rß ~. i ~ ~il" .i(l::~ . till ìh:¡¡¡ ~. ;;i~8~ ~äc r-~ 1~,..lE ~¡¡'~8 H- I!. - ".W" 1:"2."¡¡3 9 - -s ~ f< f¡¡ ãl gii ~1 ~¡ ~ ~.!. ~;"1 It. ~2.a" -. . ~. ~ [~_. h'" H!i[<' Q' taf1 ~tW1.r~ gJ .. u~~ un rUp,h~tfi3: [I f p 1- ~ ,<. (l)f!.. ~2,:gp "e~ "~ ~ ~8~ i r" "l{·lt'~.~ $;I Sill .. Ii' ¡ ]Dn ~K ·h~ t 3 X It~ 2._. Ii; ,;: Ii!. "B~': "ì "9 rh ~h~ lpi! ~ l r[t~'" ~ HR·~¡ . ~rf 6·e, g h ~ ..... ¡¡ìt~~: r;¡(~lh [i ~~. . H.':lH ri õHH ~i~1 rliHt·h~ Ipl ia~~ . . .!<! j I ~ll If· i~ !~ f~ 8· ~~.( t~ i~~ ~ Pš1-ß. t Ii,:. Ii 11 Ð flõ§ ~ ~2. ~ .. i' !'[ ~ ~.Il~a KiU ~l-.&:r i~ iJK{; ijH iîhhþU · l~~~ IfU~ I i~ C .. !..::I i . 8: ~ . 8·" . ( ~1:i{ ~n111¡fr ~t~~ jþt .... p.fr~L. 5lh E$h·f a~ h2p.= P·1i litl. ~itdIJi~J 9~ -ßk'lI'l h~u ~;¡."'§ i!.c. [~l r~ .~g- .,¡¡ pf' ..' ~,. ~ }JI1, i It [[ '[:g2 i ~~~ s...g¡- f ~9 ..~ P alii .. "H ~ Ii' ~ 8, "If 2.P.g . If P- o - 00 I~ .. S'~i!a,Œ'" ~). JÏ~· § ê; ¡; S''E. E:: ~;J ~ nø. If = ¡¡gS'~" n~ ... -·1" ~ n" _ø. ...n§~ n I: ~ ~ ~. ~ "" ~ = n ~ ~ ~!1 ~ ~. ~'" ." S' ~ !ëI ." ~ _.§ I1.~ n S- .... ~... :.,< H z n '< . ~ f e.¡;g. tI[ š';¡,!a,2..n13" R[" [~~;~ I !!. _ ~ ~ ~ ~ ""ó UJ' § ~ ~&:§u§ ë. Ii'¡;' f ~ Iñ g. 5· 3! š¡' g. ¡; g: E:] ¡¡' ]!It"'¡¡ø. ~. [8 '!;- ;J f § 5~ § ; ~ ¡¡ §:"< ~ ~. 9.1[§ õ 2.. ë:§ if ø. ¡; g.~¡"§ ~ n iflt~i r ~ ~ ~ "'. ¡;;. ¡; ~ ~ " S'tI 3 !!- ~ ~~ "§ "~ !1 ~ '" ¡¡'~ - ..- ~ if * ~1 " ¡ì.~ ~.!! '< f C'. § õ·'E. g. ~ S? n ~ _. 0 " ""Sm· '-:; '<iO~" gø.?~ ~ _ 3~ '" 11 !1 C'. > ". ~ "ig- ~ ¡; o8>c.OC ~ ~ ¡¡. ~3!~~ ~d'{ VI· (') .- n ~ -0.- _. ~ f.ñ n 0 0 š.:e: 0 ;=.',Q ø.~&.!! ~§. ë:~e.!! g '§ . "-. n ~ § a" Co'" õ' = =>~t~~ S' ....- en =' '-" !1 ..10 §;J¡¡ ~Iñ- ¡¡;~se.~ So PI_ '<~5"'t; n !! g::..., p.1Q.nn~§ § § ()nn '" ~",g.~ A_OO =§nx ~ @ ~ _. g a ø. Iñ n n !!." ~_. n( < 0 0] ~ . ~-<~n .0 '" ......J &; _. Õ' ñ' ~ 0. § n "0 g -36.2B ~ ~ !gon~ -< .., ~ g .... ::r' g _. Q. ~. 8 .g" õ'.š.!! 2.. ~ 10 § ~ 3 '" n .Q '" ..J~3n "'¡¡ ~ S' '" ~:~!f~ g A _ ~ "'::S"''''' ::::J 0 .!- 0:3 § ::r0Cl g 0 :::00'< ~g-~:h .., S' § c;<S't<1¡¡n -"E.. 0. ~ ~ Cf} ¡ñ' e? Co 0 3 ~ ~~.2~ n ø. ~ß~p.13 '" n ". II ø. ñ· S' = § n ø. n 0 .., &. Þ VI Q.... 8 _. 5i n n n ñ'oco. " ¡:¡. = II ¡iJ. 9:"0- VI ~r=1: ñn~::r =1 ::s ::;'Q ï n ¡¡'>;Jg-'" ~ _. Ii c: § 0 2' en :::;: -. ::c n .... n to ç¡ VI-""- _0 ~'< n 0.-0.- n· n ~.~. ~ . '" § ¡;;. §. ~ ~.Q:. n tI 0 ¡¡' ~ -- n to ci' ñ· en o-:!()ß.I;I'I ... 0 I»::S E' ....... G ooo.g ." § 0 _. 3 o.8i c: c..-s-:J VJ (")00 cr"§fin e: ~[;~.§~ 'õ' n ë: ~] to :::, g" ê" g R '< ~ '" 5· ~ Iñ 11 .., 3 ;;, "" 8 i> S' E:: S'-g § '" 5;~~R-~ n 3 n ~ - .:z ~. - 3 "-. n S'" < n § n n g cn~ ..,::: "Tj ell..... n n ~ 0 o ~ Õ : '< g0ø.(I)O o Õ §: en ¿;. 8 ~. 9 Vi' 5 ~ '" .., en ~ :r' R-ø.::ig eII::ig;-=.· S"_n § _ ~ 0 ~ OS» Õ :::.5' o § .., tJ !l So ~ g. õ .þ. õó' ~. en~ '< 3 n '" S' " _. en 0 ~ t:::::~o ::s3...-..s»o(,ll(l)g Sg,~n " ~~g.::in ~ (I) ø. "'Op.:::.::st:t:_ õ· 0::-. S" J:: 0 ¡¡; ~. ~ "" õ ~~ g ~ [ [3! ~ n n " Õ g 5' ð ;: ~ ri g-~. on,<g ¡;rß.=g,,:Tg~~ ::::: õ 5' vt '" ~ J: " If lpHlrH { II !\ !¡I¡¡I¡¡¡lilh¡¡lil\!¡!t¡llh\li\¡\I\~\i\ 1 ~~~~ I I J J " t~ hh\IJ,ti I '1- h~f'1rH ì ¡! ¡ I ¡I' II¡ ¡ I ¡ [' 111\illl'll If.? .' ... tI . tI q¡JI1 i }L "I'" '", í ¡, I I :it":! ,t t st-l X - ::c f ~z " " .. -< ~a q. gO!T~"q"--~ \ P"¡fZ" \W "'''' "'¡)!:\g''''D ;¡: ~; ~ a ... ¡¡ i"". -. IO! ~o ~:¡¡ -<E."'ä(" ~ ~, ';d 1Iti[~L'ii¡ !1¡r~11 I "11 þ.' ""'" PH~ ~6 ~<s- .g, ~~ 0 <;J>~r ?' g.~~. ~ "Õ~!T~~D· ~W~l~ h :;; ;_ª z s .;;t . 1:r~~1~ª q ~-"S.~q ". ~ n ~ E. .. :z ,'" ~ .. i05 n to· _¡;.p ~õ\:J0 '11~~ ~ i ~ ~f' ~ ~ . - _. n -~ ¡;; . . ~lHl 11 tl~õ.ni &.~¡~õl g 0 -10 ..( ~ ~. ¡;. t%j 0 ""¡ .~- ~ ~-·81f[ I ~ ~~. ~'" ·(8 Z ~ al ~! ..~Ii~tl riig~~ ~ i r;: 0 ~ '" ~;. ~ "" Ii a & lo~li Bii· n& n " ~ 1 ~~I~ ~ 0· -:~ > I~~õi . Ii I~~·:Q 0 õ 0 0 0 _ 8 ::::;" "IiI. .. So D.. n I] n (0 ~ ~ ~ ât"' .;; t;·~ õ R~~..[~~n44 - ð~g~ " . c. i~ ~I -a~~8" s- "-l --ioo ~ns-o g " r¡ ~. t t ~ ~~ . H .Q~ C'l Hh i ~ > t<:1 ~!·U· l2lfal at Iß;¡:Otn z . ~ I 'w> lit~ ti¡~i ~i~~~" " .- l :::£ ~~?f~ ~. . t"' 8~~ g ~8'" 1!T~oöl < i; H 0 t&"~~\ iii\t'~ìi\ \ii\\i I. 1iqI: sÜ . ~ . ~ ~ i ¡¡-Sö ~.'f' (j ;I So l Hg, 0 ¡~ .. g ¡¡. ~ ¡¡: ] Ii' 0 1ì :. > -." ¡¡-~H 4:r1~&" .:r~I_ ,ISiili' 0 i: t-< ~: f~ 1 ~ g 8 :. - 4 1 ~~ ~ - g, " 0" ~:; ~ ~ ."" H ~o - ~'Z ~ l'O ~l'O := n ~ o := ¡.. c: n 'ª',!.. ." ." ".." r r f ;¡ ;¡ ;¡ ¡¡' ¡¡' ii' õ õ õ ~ ;¡ ~ "8 ~ " " ~ " ~ ~ õ õ õ 0 0 0 0 0 § 0 § § n n ;!. n ;!. ;!. '" ~ :<> tJ :<> (") » (") (2 '" !;J , !" ~ ~ ~ 0. 0. ;¡ p' ~ ~ "8 " 0. ~ '" ~ tJ Õ » '{' 0 0 § n ;!. ~ '" ~ 2n!=!=CR r:.;g~Y'~ u~n .... ::;"<,( i:'''i°Ç,> l-3¡ ~~.g ~ e: ~ 0 ,,-~~¡p p.~-". ~hU ~ ~';:: >:., H~P 9~r~§' £.~"C ; it §: N o '" ~ '" (") 9.'~~ ;I "."¡p ~ ~ ~1 ; ¡-ill ~ :; ~ (at ¡¡ i 1. al~1j ~ õ 1~! d I ihn ~ ~H~~ " gal-IS. ". ¡ .- &.1 ], 'à-Î" ·i!.r 11 !¡![. Lilït p¡f i· 1 '" . '" () ·1 g-~g~ q ¡~[] 1 6~n.h ~p "~~Hh~ ¡h~ "8~~·~¡¡t·EQ. D~H ~EH~",I} R',1 -'" 8.~. ã.¡¡'.'J ~ P. n· $~~~~~~:~ ;>-g~ g 5!~1S.~[" tì! ~h_HnJ ;§ 9.~ìf~q..¡¡~ .~ ~ini¡~i· ~:~ !~ g1ii! ~ 1;:. n i! ¡o-g<o· 0 ~. i ~ ~ :I'H i ! ~.~ aõ:¡ !¡,r'Ií.g par 5.íPH'h ~ h p t¡rh1l'[~! !¡,o ~ s ¡¡.s ¡¡-"Ii ~ If g 1 ß~ h 0& !!~a.[ U a 8· g·R i ~ t<I t<I := := <;1 ~ !^ ." ." [ [ ¡¡ ¡¡ !ì' !ì' õ õ ¡¡ ¡¡ '8 ~ ~ 11 Õ õ 8 n ~ ~ n n i1. i1. ~ en (") !i! ç¡ '{' ,Þ .w !'J :- "B-<§<;jõ'¡:: g~aø..~"'6· S' õ·.!-og II tf 5õ II ::I, g ¡:;;:r::: 6' .:õ'~( Q8...ti'!7- ~ ~n I ~~ ~5° II~ ¡~¡ ~t[ ~ h &~ ~ I!. Q 5' ø. ~ 0.. o.a 5 )3. g" ii'~' ~ if ~,~g. ~ ~ _ "} ~ B ~ - ¡; ~. ;. j: ~ i "" _. 5 ttI 0 >- ~. 0 i &. & ; ~ [ ~ ~. ~ ~. - ,. 8" '" &. & ~ 1 ~ I i I tv "" ~~ 12> 55J ~o Q~ .. ~~ ~'" ~> ~3: ··0 -< õ z -< o ~ ~ ~ g ¡; '" /:) c: ~ ª ~b'[Jf~~iE8~R"i!3: o õ!\e, ·8§· 9'82, ~.he.¡¡.g·. _. ¡rlrl·'1\ n l/"_o.rg..,.C" .¡]!!." _ 0 ~ _ .. e. ..._". () ~ II 0 G-~ ~:gc!tg-t:>°8..ta .~ <~~.B!}'~ S· f; n B ::J g "'tI; g, 5 t;.~ n~. ~. 0 - It - . ~ 8 ~ - G- '" 8 ~f6~ g.g'~ g·~·;;ã ~ g r: ~ ~ i ~ ~! ~ se~' ~ ! ~ ~ g : II 5: B"8. ; ~ &. ~ W 8 :r~ a ~ ~ 0' g II ~ ! It Õ' ~ncg,G::..:Jg.at "c::: II giro <, p' r:;. ~"O II E:" ~ ::J""ø.Ø5~EnC:::t: BE;- 5·¡¡:,,~·~.B ,,·d· ~~~ ~ itõ ~s¡¡ R"~-if· ",,," HR"õE.¡;~ifg.-ª~ª, ~II::I o..Snn_¡;:II~Q Er:J S !T g Go Q. 5"0 "8 S c1 ø, . G- E. ~ " ¡¡ " -. ¡¡ e ¡¡ 0 ".. . _. B n n ~ _.'" ~ 0 '<.a-'nO()" O"og-" II" B ¡:: :E ø 13 -. c; ñ C; a '" n ~n-I3':<'" --. ¡;;: =-. i ~. b'.!i. ~ ,: B· !t ¡¡ ~ ~ '8 ::i 3 ~ ~ [. (T1~ ~: ~ O"·.G-.~õ;iJ· 9 Go riaaõrg' ~.Õ'~() . rõ [~S-~ ~1!.d if~· ]..8 E..e:o~-"" 0 ~.g B': ,,"Qg.~ 5 ~ïg·i~ ~ ~ B ¡¡ g-'" ". § ". [- D ""!!."'..(") I!. õ.. $f[:U ~15; - ~ 5 52 ~-'~~ õ tH~· 8"~A.~ E g,~ ~E:5 """. E"·if,,, g-s-~ 8 n G-f s- IS..",< Oi . '< 0 ø.. 0 (I " n " () g n a 5' ".'i: ~ ~ B 8" ~ <;j ;; l·.8a.¡¡~·§~õ'~ \i! ~~ilg~hp· ¡: liff~·'" ft.p p~ ; H¡¡~g.fi8.~~~ g.. _i!._SS·8"° > c. ~. 0 a :Õ <' p e () HH~ n~~-! ~ ~¡¡Ë.,,";õg,mzg- ~ H 8 H~ ~ 0 ~. ~ ~ o 01' _;:¡0i:j 0 d (;;:!e.g,~S~"l .:c ,., Hg&.ififfbft ~ ~ ~~';:ª~~G-~~~ ~ g ~~iht~~~~ ~ ~ i·l.\1 fig-HH g o II ~.==g g-g-a.> 1: 0. nO'''' ~&. ö o C . ~ . o.~ ¡;;.. c: ~ B ;¡ 0' 0" a -. J!. 5' 8" " t! G-~·1!':'!h 1;.0 !ž ~ 9 Ü*,~Š·~ &,8. '" ~. ~ ~ "" p . ¡= o· ~ g ~~ª-~~!b'~& ~ ~ ~i:l~wU~ ,~g¡¡Ü·~ ~~ ª-Üiir [g.S1 islr~·thl Ii ".~ E.~.ä 8- hh~:HP :d n n :¡:: ~ ;J ¡¡;. n o § (I. 0- ¡¡ '" " 9- ., 0- f¡ '" '" go " o ~ "0 ñ· ." ~ '< '" ~ '" õ· " "0 ~ .2. ¡t () > ~ '" ;:J o :;:: ~ - ." S ~ ~I w.., ~O -.." ~'" :g() () ~ g z " '" '" ~ " " g ~ g ~¡;\~ " > r< 0 C\ 00 n~ I ~ ~~ "'~> P:- 9 " ~ ~ ,.. ,.. > =.~> f.?:j ~ -~~ ~Fa 5'"O"'p';:O ~~ ~~<BZ~~~&g6~~f~~~~~[~~ª~!~~~~ ;:¡ . '" < · ~ ~ ~ooO"'n Ox ~ þþO~ nlØ~ n3~~p 0 Z :g.& !:. 9 <n. - IC-~'O"''''e:-~'< < 'f¡" .<øJ¡ n 3: " a~~ > ª~rªf~~grS9rrg~gS~rg !:.~Ig~·iª .s _ "'gJ . ~ .n ~o~ ~n ~_~~Sn~~5S' ~~~~ n ~ - " :.. ~ );:1(11 n o.g ~ª~:! ffi~ ~~g ~~ ¡RIO ~n~ ~~ 0 .~ 0 ~ø.Ô ... ~~~f· Ilri~~_llf~lg¡~'~li¡~~1 ." " õ'z[ - - ~. C c...... ... ." .".~o S [~..~o".. . ~ š- -.gE>E> " '" .o~ 'eS_"" 0'" :O:¡o"':þ - "S" pO '< O. - . :z: C 2:&", o~ e:3ê:s- e-š ~g'~"R"~g·2.g,<g:ofš.cq~isedi '" g't ~. ~ . ª i ~; .E>"'. ::. <[- go""If-3:;>~.op.~p. h S ~ ~:~~ ¡tf :·I~I~·r~!~sfrl. 'a~ ~ '" a'i~~ t~~1~~~r[~f~I~~&~~1rlt~ , ~6' o 2:0 . E> .-¡¡-"':íc - on·¡;-".E:~lg 0 ~~< " ~ 0 ... n §' :l -.; s~~'1 2§n~§~~a~'5o'ss~~~~6~~ ~. ~ "'- ¡ ~ ~ . Ii s:Us [[ å· p ~¡¡'[~l Q~~":;·r'fl H 0 2!Z· ñ ª g o ~ 6.... 1'"'§8 ~ ~p. ¡¡:U LiJ ~L ,,: p~ ~·l~ ~ . ß Ü ",0 - ..0.- n,<~tq..o"n.....ñv. _.. .oz ~glf ~1~11.;f¡;~lit~~If: ;i&~ ~~ ~.n Co p >.; I~¡¡'· I o·o.¡j¡¡ ~ ¡.s ~"2._ - ~'å! ~~¡¡'~ ~ ;;i> g -nn-". 'i~ ~ ~ r~ · 3 ~.~ª"!! .g,i.[.H~~_.0·~~]1h~s gU'\j :g . .,," ~ !r a:g 0" - It S 0 ~ '" -." r [- ~ g> < & ~ 6 g. _ 0 i! "' < a "'~ ;¡:a ~ ª: [! ¡:. ~~ ~"·!B~" ¡¡'! ':J.H ,,:~ ~i ~.; š ~ 8 l ....8 ~~ g-~.g E"~ ~i ~if~·n ~ ¡'a '" l~ 1~ .,,~ ~ii¡ [¡I!if¡illirll~f!¡ i!1 ~ p. Oz ,,0 ...", .] · S rQ ~g oog= ,,0. EO. i~ ~ -§ ~ 0> à~.iõ iÕ~':ã~g·g·~C.8 cil[~ K ~&.=: ~ S '" ".; *;;i n =~ 1---~o.ªfrw." ~t ¡¡'~~ [.¡f ~~r& ç·~i§~~~~Þ g~ ·gB s ~ N N ~ 3! S .g !. §' ~. ~ ~ "'=' < " Z ~ 0 '"0 ¡;. iõ' r ~ " ~. 0 '" '" 00 " " ~ ¡¡-'" ~ ". e. ::;Po1o ~inn Po1tn~n n -I» _0" .... In'" ...(ico " .. ¡¡ '" r _. ¡¡ 5' ~ '*~1a.¡¡ n~ ~¡i1:::a n 8''' §:'I1n :'¡ Õ' n t:I .¡¡e. B." ~¡¡ 2- -..J~ ~~~~~~ gc5~ ¡.. _. IJ h "8 8'. ~ 8 g C§. !i-'" P ~ § ,,'" 5'] B. 0.!1 '"0 " ~ ,,-g if" o.ª- ." 00 " ~ ! . ~ ~ !. ~. ¡ o' S' ~ 3 r if g ii' e¡ ~ [ h f·~ §. .g S· ~!!. .g g Iii &" 5' !¡ ¡¡ o.~ ¡rh~~;~~ ;;ooi&"Ë.o[ 8--< nn¡¡ 5'0 ¡¡ ~~ §''R 2 l <... g 2: a ~c:r-< '[] ~~ if if ¡;;.. ~ 0 ~ '< ¡¡ § =·oo _. ~ . ,,&" h ..p "~ "~'[!!noo Õ &. ~ n [tl~ n ¡¡8 ~Õ'¡¡~ '::"Iclñ -:....- ~ g '" ~ < C§. e: ~ [ ifg.~li ª ¡;:1d.5'8' o õ z~ Ii -.,ª, li! n¡¡ "fng" :;8 = -õc. s- r;;. 0 ~ n -'. "tJ ~ " ¡¡ 0 _. I» Q ~ " g 8'. ~~ g õ ~ ~:'ª' ¡¡ Q õ ¡¡ ~.§ f!. ~i ~ g _. r g ¡;".6'~1»0.5' <::;:5'9¡;;8 6' nQ ~~ n !1.8.~' ;i _. ¡¡ ¡¡ ~ " " :::. ~. ~ ~ ~ § 8 g ¡;; _.::; ¡;; -' _. t:1 'ª- 0. ~. ¡; ~ IJ ~ g g J ~ e: § c¡:c š- :: S· ~ ~ q ñ' ~ B. :;. 5' §' ~ ~ '< '"S¡ I» g. Q ª- " n ..;! :'¡!!.:;.c.~~ IV Õ ~ S· So ~ 0 -< = . "' ~ e¡ Q 3::nc Q. 0 ¡¡~ S·n 8' [~ ~ i ~ ~ ~ en =' 0.. g:3 ':"I- I» b- " 8" -.;; 0 5' ~ ~. g ¡¡ 5 ;; :<1.:::. 8. ¡¡ n _. 3 0.. § § 0 In In en " O~<:: ~S' .g 'ì! n· ¡;"." : ~ ~ !!. ~ 8. ~ '(' ¡;:o. 3 ñ =' _. ::". ~ _. =.. . ....~.:"I ° g_. =... ... _. =' =' fi1 In :=:en 2..o§=ñ f!. [B.~§li! ¡;;5'5'~'õ" ~ S' 8- ñ't:1 ~ 5· ~;; g en 8 ¡;; cr::r" &. nn..........'::") = goo· ~go.¡;; 0" '< g"i 5' n '="'> õ' ~ ~ '< §: '" 3~ 0..0 E: ~.S-~ '< ~~ !l õ g ~ :s n cO::;.' I» g~ a -E-: e; ~.n . ~~ g õ R"g-~ ~t ~ 2.~g' 5. ~ ~ oo i1 _. &' :> o =' _ ~ ... 0 _. 0 n 4 :c n ~ !!. Q In ~H·g~3· ~~(þa='g":;' n " õ' e: õ· ~ . '< 5" :>- 3li! "3n¡¡o n ~ :s~ =' =>"'%j~ n 0 !:r n.., 0 "0 ¡; 0. !?~- .p,...n~no""'~ ¡¡- S'", 3 UJ 0 ~ s: õ'õ 8..!:r.... ;-- ~ e-:¡;.s!. n r 3- "'::::. 2. CD n n.7";"='~l:ng ~'~5'o!l .. 11.~· ¡:¡ ~.~ ~ ~=~ 00.· no=,O oo ª-:UJõË.g~ n §::::. ~ = _" ... 3 In 5. r;;- 0 .. < 0. ~ Š a ~ 0 ~ _. - ¡;: ... 0...· n :r'" _. 5,<5'¡¡r§J!¡ ... <.;:;.. In _. n n g ~ ¡:¡- ? ~ ." R n C 0 _. 0 .... " () = ~ CD 0.. n 0.. ~ 0 ;:: ~. r ñ1 g.. ~ g. ~ 8. <.> '" ~ n ,.. 9 :<: ,. ~< 0 "" ¡;.o j 0 .;;1 0 l g~ z ~ I g. ;:, ·0 0 d. !-p-!' ?'"I"' ~ ~ o . ~:¡j ",a HZ~Z' ~ß. ~p- [~ HŠ a~ ..- o~ !:.~~O~ H i·~H ßtf _;: i! s ~ 0·", ifi~i ~g, . < hi. H ~g i.ii h H i . & g 0" B- ~ It¡;. ". 9 ~ . ~ ~ I 1 ~ . ~ [ I r 1 !!. N ,- ....' . - ~- . -- :,1' "'. FWS '~AF.~~E~,r:. ::. :- ,.;. c T1-.trh iI-?lJ US Fish and Wildlife SelVlee Carlsbad Fish and Wildlife Offu:c 2730 LokcT Avenue, West Carlsbad, CA 92008 (760) 431-9440 FAX (760) 431-9624 CaJiforma Depanmcn! OffISh &. Game 4949 Vîev.'ridge Avcnm: San Diego, CA 92123 (619) 467-4251 FAX (619) 467-4235 Me. Douglas Reid Environmental Review Coordinator City ofChula Vista Planning Department 276 Fourth Avenue Chula Vista, California 91910 APR 1 3 1999 Re Negative Declaration for Olympic Parkway, City of Chula Vista, San Diego County Dcar Me. Rcid: The U.S. Fish and Wildlife Service (Service) and the California Department ofFish and Game (Department), hereafter the Wildlife Agencies, have reviewed the mitigated Negative Dcclaration (MND) for the Olympic Parkway project. The public comment period for the MND ended on March 16, 1999 However, because we did not receive the document until March 24, 1999, an extension to the comment period was granted us by Mr. Robert Leiter, Director of Planning for the City of Chula Vista. The Department is a trustee agency under the California Environmental Quality Act (CEQA) and is responsible for ensuring appropriate conservation offish and wildlife resources including rare, threatened, and endangered plant and animal species, pursuant to the California Endangered Species Act (CESA). The primary concern and mandate ofthc Service is the protection of public fish and wildlife resources and their habitats. The Service has legal responsibility for the welfare of migratory birds, anadromous fish, and endangered animals and plants occurring in the United States. The Service is also responsible for administering the Endangered Species Act of 1973 as amended (Act). The Olympic Parkway project is located within Poggi Canyon, in the City of Chu] a Vista, San Diego County. The proposed project is a five-mile long, six lane prime arterial roadway from Oleander Avenue, east ofInterstate 805, to one mile east ofthe proposed State Routc 125 The project consists of grading the alignment, constructing the Poggi Canyon sewer and an Otay Water District water main, and constructing roadway and channel improvements. Construction will occur in four phases and is scheduled for completion by 2005. A temporary drainage channel would be constructed along the eastern portion of the project within non-jurisdictional upland areas to collect and conduct sheet flow run-off to the future Poggi Canyon channel As permanent storm drainage facilities are constructed with phasing of adjacent residential development, this channel will eventually be abandoned An estimated 4.7 million cubic yards of _~ .. .~~ .....,.n.. .,-.... "" ;L?M FW; :AR~S~f=. " ..." Mr. Douglas Reid 2 fill material will be placed within Poggi Canyon for construction of the roadway Borrow areas are proposed within the Otay Ranch Spa One, McMillan-Otay Ranch, and Eastlake proposed developments. The vegetation within Poggi Canyon consists of disturbed wetlands and non-native grasses Vegetation on the canyon slopes and adjacent mesas consists of coastal sage scrub, maritime succulent scrub, native perennial grassland, and non-native grassland. Much of the area along the project alignment has been in active agriculture or grazed by cattle in the past and is now occupied by non-native grassland. The remaining native vegetation communities within the project footprint are restricted to the Otay Ranch Spa One area As proposed, both upland and wetJand vegetation communities would be impacted with implementation of this project. Impacts to upland vegetation communities would occur within the roadway alignment on the slopes of Poggi Canyon, and within the proposed borrow areas within the planned development area ofOtay Ranch Spa One. Impacts consist of 12.3 1 acres of coastal sage scrub (including disturbed eoastal sage scrub), 9.74 acres of maritime succulent scrub (including disturhed maritime succ.ulent scrub), 3,04 acres of native perennial grassland, and 0.03 acre of "disturbed habitat." The proposed project may also impact the federally-listed threatened coastal California gnatcatcher (Polioptila califormca californica:gnatcatcher) and the coastal cactus wren (Campylorhyncus hrunecephalus), considered a species of special concern by the state. However, gnatcatcher and cactus wren Impacts are not quantified in the MND and information regarding the appJicant' s efforts to minimize impacts coastal sage scrub and maritime succulent scrub is not provided. The MND indicates that impacts to coastal sage scrub, maritime succulent scrub, native grassland, and wetlands are significant. The Wildlife Agencies concur. In order to issue a Negative Declaration for this project, impacts must clearly be mitigated to a level below significance pursuant to the California Environmental Quality Act (CEQA) Althougb the wetland mitigation is described in sufficient detail in the MND, the mitigation described for upland impacts does not provide sufficient information to clearly demonstrate that project Iffipacts would be mitigated to a level below significance A clear description of project mitigation should be included in the MND rather than simply referring to previous Otay Ranch documents. Clarification regarding mitigation measures is important given that the City proposes to process project impacts to coastal sage scrub through the 4(d) Special Rule for the gnatcatcher, which requires specific findings that may differ from the Otay Ranch RMP mitigation requirement The need to process this project through 4( d) has arisen because the City has not yet finalized their MultipJe Species Conservation Program (MSCP) Subarea Plan. However, because the City has depleted their 5 percent interim take allowance under 4( d), they are seeking a transfer of 4( d) take authorization from the County for coastal sage scrub impacts. Under 4(d), the mitigation for impacts to coastal sage scrub and maritime succulent scrub must be consistent with the State's Natural Community Conservation Program (NCCP) guidelines, as previously stated in our letters, dated November 12, 1998 and March 3, 1999 (attached) It is anticipated that the County will grant this transfer request. Nevertheless, concurrence from the Department and the ServIce is required for any 4(d) habitat loss permit. The attached letters clearly outline our recommended ~R-: >?? .. : ~ t :'1,~ 'ViS t ¡ ..... "~: ' :- H r<'; "~i- \.1...\... ~ ~. .~. "I e ~ ;~J: 1'(~, r ''''; ~ " Mr. Douglas Reid -' mitigation for impacts to coastal sage scrub and maritime succulent scrub This information should be incorporated into the MND and any subsequent NCCP Findings. Because this project is proceeding ahead ofMSCP, we recommend that native grassland be mitigated in-kind at a ratio of2:1 Permanent impacts to 7.96 acres ofU S. Army Corps ofEngincers (Corps) jurisdictional "Waters of the United States" (waters), would occur with construction of the roadway within Poggi Canyon. Impacts to waters includes 6.94 acres of jurisdictional wetlands and 1.02 acres of non- wetland waters. Wetland impacts consist of 4.29 acres of herbaceous wetland, 2.04 acres of freshwater marsh, 0.50 acre of mule fat scrub, 0.06 acre of southern willow scrub, and 0.05 acre of riparian woodland. Proposed wetland mitigation entails creation of9.28 acres of wetlands within a created channel adjacent to the Olympic Parkway roadway, including replacement of 1.02 acres of non-wetland waters (including open water) and 4.29 acres of disturbed herbaceous vegetation with southern willow scrub at a 1.1 ratio. Freshwater marsh (2.04 acres) would be replaced with freshwater marsh/southern willow scrub at a 1.42.1 ratio, 0.50 acre of mule fat scrub would be replaced, in-kind, at a 1.5: I ratio, 0.06 acre of southern willow scrub would be replaced, in-kind, at a 3: I ratio, and riparian woodland would be replaced, at a 3: I ratio, with southern willow scrub. The Wildlife Agencies have concerns regarding the impacts to wetlands and the proposed mitigation for these impacts. Section 404 (B)(I) Guidelines of the federal Clean Water Act require avoidance of wetlands during project design for all non-water dependent projects. If impacts cannot be completely avoided, they must be minimized to the maximum extent practicable. Avoidance and minimization of wetland impacts is not adequately addressed in the MND. Moreover, we are concerned that wetland habitat functions may not be fully recoverable by mitigating onsite as proposed because it (I) is proposed to occur in an upland area, (2) would be located between a road and residential development, and (3) lacks an adequate buffer (e.g., a minimum of 100 feet between the limits of the mitigation site and the edge of development) Additionally, creating wetlands between a busy, lighted, roadway and residential development will not likely replace wildlife habitat values that currently exist within Poggi Canyon For these reasons, we recommend that onsite mitigation consist of 1. I creation of wetlands as proposed, and that any remaining required mitigation, as determined through the 404 and 1600 processes, should occur in a suitable offsite location within the Otay River watershed. This project was originally scheduled to be constructed in conjunction with adjacent development, with each developer responsible for constructing their portion of the road. Consequently, construction of the roadway was addressed in previous project-specific Environmental Impacts Reports (EIRs) for the major development projects adjacent to the roadway (i.e., Sunbow, Otay Ranch, Eastlake). However, subsequent development approvals in eastern Chula Vista have resulted in an accelerated construction schedule. The MND for this project is a compilation of information given in the project-specifIc EIRs Cumulative impacts are not addressed in the MND and justification for determining a "no impact" finding for cumulative impacts is not provided. Instead, a summary of mitigation measures listed in previous ElRs is given. These mitigation .t,:P.-~~-29 ~UE t:22 P1~ FW5 CARl,SB;.:,:.'. FPJ: 1\:. """'Sf 01;: .--~ Me. Douglas Reid 4 measures differ between projects. Please clarity how the mitigation described for each of thesc development projects will be coordinated across the entire Olympic Parkway project. In summary, we have the following concerns regarding the proposed project: (I) the adequacy of upland mitigation, (2) the need to maintain consistency with NCCP Guidelines, (3) the adequacy of the wetland impact analysis and mitigation, and (4) the adequacy of the MND with respect to cumulative impact analysis and coordination of mitigation efforts across projects We acknowledge that a mitigated Negative Declaration is appropriate for this project only if (I) the mitigation described in previous project-specific EIRs, and outlined in the MND, is coordinated across the entire Olympic Parkway project, and (2) the mitigation measures for wetland and upland impacts described in this and our attached letters are implemented. We appreciate the opportunity to comment on this MND. Please consider and incorporate our comments into your evaluation of this Negative Declaration. We look forward to your response to our comments and offer our assistance in resolving the issues addressed in this letter. If you have further questions regarding these comments, please call Ms. Kim Marsden, of the Service, at (760) 431-9440, or Mr. William Tippets, of the Department, at (619) 467-42 ]2. Sincerely, ~~ ~ ~re:t ~ " Assistant Field Supervisor U. S. Fish and WildJife Service 0fl- ( t{i William E. Tippets Habitat Conservation Supervisor Department ofFish and Game COUNCIL AGENDA STATEMENT --- Item~ Meeting Date: 4/13/99 ITEM TITLE: RESOLUTION: Approving an Agreement for the Financing and Construction of Olympic Parkway Phase I, II, and III and Related Roadways Between the City of Chula Vista, McMillin Otay Ranch LLC and Otay Ranch Project LLC and Authorizing the Mayor to Execute said Agreement SUBMITTED BY: Deputy City Manager Public Works Director¡. / j' / k-l/ City Manager (~~.;)J (4/5ths Vote: Yes_NoX) ( , \, REVIEWED BY: The purpose of this item is to outline a financial plan for Olympic Parkway Phases I, II & III, which extends from Brandywine Avenue to SR#125. The goal of the financial plan is to be able to get Olympic Parkway constructed in a timely fashion and at the same time allow subdivision development on the Otay Ranch to proceed in an orderly manner. The objectives of the financial plan are as follows: to outline the project costs and how they apply to each party, to establish time frame milestones for the various work components such as grading, channel and roadway construction, to establish financial guarantees to secure the work, to decide how the work will be paid for and by whom, and to construct the road when needed. In addition, and equally important, a companion item to amend the Otay Ranch Public Facility Financing Plan is being brought forward to make sure that development does not outpace the road construction or result in an unacceptable level of service on Telegraph Canyon/Otay Lakes Road. As to environmental review, the City Council, in approving the Financing Agreement, is implementing a component of the Olympic Parkway Extension Project, a project for which the Council previously adopted a mitigated negative declaration, IS # 99-20. RECOMMENDATION: Approve the agreement for the financing and construction of Olympic Parkway Phases I, II & III and related roadways. BOARD AND COMMISSIONS RECOMMENDATION: Not Applicable o{5~ I BACKGROUND: Olympic Parkway is a major east-west roadway on the General Plan Circulation Element similar to East "H" Street and Telegraph Canyon Road/Otay Lakes Road which is needed to serve new development in the Eastern Territories. Along with SR#125 it will be the new backbone roadway network to serve Sunbow, Otay Ranch, Eastlake, Rolling Hills, and Rancho San Miguel. Transportation modeling indicates that Olympic Parkway is needed within the next couple of years to relieve future level of service impacts to Telegraph Canyon Road. Due to the magnitude of the construction work and permits needed, including environmental, it is imperative to start as soon as possible. For those reasons, the City contracted with Kimley- Horn and Associates, Inc. in February, 1998, to prepare an Olympic Parkway Feasibility and Engineering Study and hired McGill, Martin, Self, Inc. in January, 1999 to manage the project, do plan check and assist with the public financing mechanisms. In order for the City to monitor the project development timing compared with the infrastructure construction timing, the City outlined various requirements in the project's Public Facility Finance Plan. The Public Facility Finance Plan (PFFP) for Otay Ranch SPA I identified certain traffic capacity limits by which Olympic Parkway should be built. It established a final map threshold, recognizing that construction of Phase I improvements to accommodate the anticipated trips requires design, processing and construction time. The requirement is that the Phase I improvement shall be constructed or an agreement entered into to construct said improvements prior to approval of the first final map which contains units exceeding 1,213 equivalent dwelling units (EDU). The EDU's for final map approval for SPA I of the Otay Ranch are now at the limit requiring this agreement. Approximately 800 EDU's have been approved for the McMillin Lomas Verdes Project and 400 EDU's for the Otay Ranch Project. This agreement, along with a related Council agenda item modifying the Otay Ranch PFFP, establishes the requirements and the process by which the City may continue to approve additional final maps and continue to issue building permits in accordance with the city's growth management ordinance and threshold standards. The approach is not simply to secure and guarantee the construction of only Phase I of Olympic Parkway but the entire roadway from Brandywine to SR#125. It should be noted that other pieces of Olympic Parkway are being addressed by others. The segment from I-80S to Brandywine is already secured with the Sunbow Project. In addition, Eastlake has the easterly segment of Olympic Parkway from the Olympic Training Center to Hunte Parkway under construction. The proposal calls for Olympic Parkway Phase I to be completed by October, 2000; Phase II by October, 2001; and Phase III by March, 2002. In addition to Olympic Parkway, other ~.s: 2 portions of tbe circulation system within SPA I will be completed including Paseo Ranchero and La Media between Telegraph Canyon Road and Olympic Parkway and East Palomar from Sunbow through Otay Ranch to Olympic Parkway. DISCUSSION: The total estimated cost of the first three phases of Olympic Parkway is estimated at $57.5 million. Of that amount, $14.4 million is estimated to be McMillin's fair share and $43 million Otay's fair share. The agreement lays out how these obligations are to be met by the parties. The following outlines the parameters of the agreement: McMillin agrees to: Grading - to prepare and process grading plans, post appropriate performance bonds, and begin grading on tbeir property to accommodate the necessary roadway facility and improvements that will be located on the McMillin Property. McMillin agrees to complete all the Land Development work no later than June 7,2000. The cost estimate for this work is estimated at about $4 million. Construction Work - McMillin further agrees to construct tbe following improvements: 1) Poggi Canyon Drainage Channel; 2) a temporary drainage channel to be located on the southern portion of Olympic Parkway; 3) a concrete culvert road crossing at the La Media Improvement; 4) sewer improvements along Phase II Olympic Parkway Improvement: 5) waterline improvements along the Phase II Olympic Parkway Improvement; and 6) channel and full slope landscaping in accordance with City approved plans. Roadwav ImDrovements- McMillin agrees to construct McMillin's Olympic Parkway Improvement Segment (from La Media to East Palomar), the La Media Improvement (from Olympic Parkway to East Palomar) and other associated improvements such as landscaping on or before October 11, 2001. Cash Contribution- McMillin agrees to deposit, on or before July 1, 1999, the amount of $4.7 million in cash to pay for their estimated fair share for the construction of the phase I and II Olympic Parkway Improvement. It should be noted that if the construction contracts for Phase I and II Improvements are less than $4.7 million, the City will reimburse McMillin for any difference. In addition, in lieu of the cash payment, tbe City agrees to accept an equal amount from Community Facilities District No. 97-03 that has been specified for Olympic Parkway. :<& 3 In addition, on or before October 1, 2000, McMillin agrees to provide the City in cash its fair share of the Phase III Olympic Parkway improvement. Revenue Shortfall- If there is a revenue shortfall for the construction of Phase I and II Roadway Improvements, or if the cost exceeds the current construction costs, McMillin agrees to pay its fair share equal to 25 % of the total cost of construction minus the cost of constructing the McMillin Olympic Parkway Improvement. Otay Agrees to: Grading- to prepare and process grading plans, post appropriate bonds, and begin grading on their property to accommodate the necessary roadway improvements that will be located on the Otay Property. Otay agrees to complete all the grading work within one year from the City issuance of the permits for said work but no later than June 7,2000. The cost estimate for this work is estimated at $20.9 million. Construction Work- Otay further agrees to construct the following improvements: 1) Poggi Canyon drainage channel; 2) a temporary drainage channel to be located adjacent to Olympic Parkway; 3) a concrete culvert road crossing at the Paseo Ranchero Improvement at Palomar Street; 4) sewer and waterline improvements along the entire length of Olympic Parkway between Brandywine and SR#125 but excluding the McMillin Property; 5) a detention basin within SPA I West; and 6) channel and full slope landscaping in accordance with City plans Roadwav Imurovements- Otay agrees to construct Phase I Olympic Parkway Improvement (from Brandywine to Paseo Ranchero) and the Paseo Ranchero Improvement (from Olympic Parkway to East Palomar) on or before October 19, 2000 and Phase II Olympic Parkway Improvements (from Paseo Ranchero to East Palomar excluding McMillin's Olympic Parkway Improvement) and the East Palomar Improvements on or before October 25, 2001 and Phase III Olympic Parkway on or before March 1, 2002. Cash Contribution- Otay agrees to provide the City on or before January 1,2000 the amount of $17.2 million in cash (estimated as their fair share) for the construction of the Phase I and II Olympic Parkway Improvement or the total cost of constructing the Phase I and II roadway minus McMillin's share and any already posted bonds still in effect for the Project. If the amount of Otay's cash contribution and bonds exceeds the cost of the Phase I & II roadway, the City shall release an amount of Otay's bonds equal to said surplus. In lieu of the cash payment but within the same time frame, the City agrees to accept an equal amount from the bond proceeds of a proposed Community Facilities District which is being proposed by Otay. The boundaries of the CFD are being defined at this time in order to assure a proper lien to value ratio. Otay has deposited $100,000 toward initiation of that work and ~5-4 agrees not to take any action which would decrease the lien to value ratio as of the date of this agreement. On or before October 1, 2000, Otay agrees to have Phase III Olympic Parkway plans approved and bonds posted to secure the facility construction. Revenue Shortfall- Otay is required to construct the improvements even if the costs exceed current estimates for the project work. Deed of Trust- For purposes of securing Otay's obligations under this agreement, a deed of trust shall be executed by Otay (City's Trust Deed). If Otay fails to provide the cash to the City by November 1, 1999, the City may foreclose under the City's Trust Deed. The City has requested titles reports and information verifying the value of the Trust Deed property and has stipulated that the value of the property not be diminished below the Minimum Value specified in the Agreement. City Agrees to: Final Map and Building Permit Triggers- City will release final map approvals beyond the current 1,213 Equivalent Dwelling Units (EDU's) in a phased manner based upon certain roadway and financial milestones being met in the following manner: 1,800 EDU's with approval of the Financing Agreement 1,995 EDU's with resolution of the 4d coastal sage scrub deficit and with concurrence by the Resource Agencies of existing biological surveys for the Olympic Parkway roadway and associated earth borrow sites 2,526 EDU's with issuance of the appropriate Section 404,401, 4(d) and 1601 permits by the Resource Agencies for Olympic Parkway and the borrow sites , approval of full grading plans and posting of bonds for grading for Olympic Parkway Phases I & II, and detention basin agreements 2,690 EDU's with delivery to the City of bond proceeds for McMillin's CFD 97-3 (McMillin est. $4.7 million for Olympic) 3,126 EDU's with the posting of bonds for Phase I Olympic Parkway and Paseo Ranchero road construction 5,429 EDU's when plans are approved and security received for Phase II Olympic Parkway, La Media, and East Palomar Road construction from Santa Rosa to Olympic Parkway in accordance with the adopted Otay Ranch PFFP Full buildout of SPA I and SPA I West when plans for Phase III of Olympic Parkway are approved and security received A55 As to the above number of EDU's, McMillin and Otay have agreed to an allocation of the resultant final map approvals between them both. TRANS DIF UDdate- The City agrees to make completion of the TRANS DIF Update a high priority and to bring it forward to the City Council in a timely manner. (Staff is targeting coming forward to Council on this item in late April.) Environmental Permits- The City will cooperate in good faith to obtain all the required permits from the applicable environmental agencies for the construction of the Phase I , II & III of Olympic Parkway, Paseo Ranchero, LaMedia and East Palomar Improvements. Outside Consultant- The City has hired an outside consultant, McGill, Martin, Self Inc. to manage the processing and approvals of all plans and permits and will include regularly scheduled meetings for the monitoring of progress with Otay and McMillin. RelationshiD to the Threshold Standards and the Growth Management Ordinance- The threshold standards remain in place and are unaffected by this agreement. Should the traffic threshold be violated, then a building permit moratorium would be declared on all developments within the Eastern Territories until the appropriate mitigation requirements were addressed. To better anticipate any potential threshold problems, staff is proposing to monitor traffic compliance every 6 months instead of annually. FISCAL IMPACT: The complete obligation to construct the Phase I, II & III of Olympic Parkway and related improvements to Paseo Ranchero, La Media and East Palomar are the responsibility of the developers. Portions of the roadway will be paid for from the proceeds of assessment districts formed on the McMillin and Otay property ownerships, portions will be eligible for Transportation DIF credits, and portions will be paid with cash as onsite development cost obligations. The total cost is $57.5 million. A5-6 Performance Schedule 1. Ota~' Ranch Obligations Facility Definition Commence Construction' 6m99 Complete Construction' 6moo Obligation Grading for the entire length of Olympic Parkway and Poggi Canyon Channel from Brandywine to SR-125, except McMillin obligation, including full slope and channel landscaping Olympic Parl."Way Improvements from , Brandy-wine to Pasco Ranchero Sneet Landscaping for Olympic Park"Way , from Brandywine to Paseo Ranchero Olympic Parkway Improvements from : Paseo Ranchero to La Media , Sneet Landscapmg for Olympic Parkway from Paseo Ranchero to La Media Paseo Ranchero Improvements ITom EasT , Palomar to OlympIC Park"Way . Sneet Landscaping for Paseo Ranchero Îrom East Palomar to Olympic Par1......'vay "ast Palomar Village 5 Improvements, Landscaping, and Water ConnectioD . East Palomar Village 1 West i Improvements and Landscaping I Olympic Parkway Improvements from E. Palomar to SR-125 2 3A 2/4100 10/19/00 3B 8/25/00 4/5/0] SA 12/15/00 10/25/01 5B 8/7/01 4/4/02 4,", 21410(, 10119100 4B 8/25/00 4/5101 8A.8B.8C 2/1/0] 1011/0] 9 A.9B 1/1/01 11/1/01 10 3/1/01 3/1/02 II. McMillin Obligations Obligation , Grading for those portions of OlympIc ! Parkway, La Merna and Poggi Canyon , Channel on McMillin property, including ; full slope and channel landscaping from La ; Media to East Palomar Olympic Park"Way Improvements from Lz Media to East Palomar La Meåia Improvements Írom EasT PaJomar to Olympic Parkway. Street Landscapmg for Olympic Park'way from La Media to East Palomar and Street Landscaping for La Media from East Palomar to OlympIc Parkway. Olympic Parkway Improvements from E. Palomar to SR-125 X:\1953.4\ADMIl'.'\0803D9EXHC.DOC 319,199 9:50 AIv. Facility Definition 1 Commence Construction' 6!7!99 Complete Construction' 6/7/00 6.'1. 2/9/01 1 on 1/01 -:A 2/9/01 10:11/01 6B. 7B 8/17/01 4/4/02 10 3/1/01 3/1/02 Page 1 of3 A5';'1 Facility Definitions Item 1 . McMillin GIading Obligation I 2. Otay' s GIaámg Obligation 3A. Olympic ParL"Way Phase I Improvements I 1 i 3B. Olympic Parkway Phase 1 Landscaping I I 4A. Paseo Ranchero lmprovemCDts I i I 4B. Pas eo Ranchero Landscapmg 5A. Olympic ParL,,·ay Phase 2A ImprovementS 1 5B. Olympic Pari:v.ay Phase 2A Improvement5 6A. Olympic ParL,,·ay Phase 2B Improvements 6B. Olympic Parkway Phase 2B Landscaping Performance Schedule Definition Earthwork for the roadway and channel, and mcidCDtal slopes and borrow areas, channel improvements, channel mitigation planting, and erosion control planting for the portion of Olympic I Parkway on the McMillin property and La Media Road. irrigation system, meters, and plannng for slopes adJacent to I Olympic Parkway. slopes adjacCDt to the channel, and slopes I within the channel for the McMillin property (SPA I, Phase 3 ). Earthwork for the roadway and channel, and incidCDtal slopes and borrow areas, channel improvements. detention basin, channel mitigation pianting. and erosion control planting for the portions of Olympic Parkway on the Sunbow property, Village] West, Village 1 ro the McMillin west boundary. Village 5 fiom the McMillin east boundar" ro SR-125 and Paseo Ranchero. Irrigation system. meters. and planting for slopes adjacent to the channel and slopes within the channel fo~ tÌ1e area within Village ] West, Village 1 ro the McMillin west boundary. and Village 5 from tÌ1e McMillin east boundary to SR-125 and Paseo Ranchero. Sewer, water, reciaimed water, Otay Pipeline No.2 relocation. curb and gutter, asphalt paving, ttaffic control signals, signage, and lighting and electricaJ service intercmmects for Olympic Parkway fiom Brandywine A venue to Paseo Ranchero Street. Irrigation system, meters, and planting within parkways and medians for Olympic Parkway from Brandywine A venue to Paseo Ranchero. Sewer, water, reclaimed water, Otay Pipeline No.2 relocation. curb and gutter. asphalt paving, traffic control signals, signage. and lighting. electrical service. and interconnects for Paseo Ranchero ITom East Palo= Street to Olympic Parkway. Irrigation system, meters. and planting within parl"Ways and medians for Paseo Ranchero from East Palo= Street to Olympic Parl",ay. Sewer. water, reclaimed water. Otay Pipeline No.2 relocation, curb and gutter, asphalt paving, traffic control signals, signage, and lighting. electrical sm'ice, and interconnects for Olympic Parkway from Paseo Ranchero Street to La Media Road. Irrigation system, meters. and planting within parkways and medIans Îor O1ympic Parl",ay from Paseo R1mchero Street to La M eilia Road. Sewer. water, rec1aimeà water, curb and gutter, asphalt paving, tramc control signals, signage, and lighting, electrical service, and interconnects for O1ympic Parkway from La Media Road to East Palomar Street. Irrigation system. meters, and planting WIthin parkways and medians Îor O1ympic Parl",ay fiom La Media Road to East Palomar Street. Page 2 of3 ~e Performance Schedule hem 7A. La Media Improvements SA. East Palorna~ Village 5 Improvements I Defmition i Sewer, water, reclaimed water, curb and gutter, asphalt pavmg, I uaffic conuol signals, signage, and lighting, electrical service. I and interconnects for La Media from East Palomar Street to Olympic Parkway. I Irrigation system. meters, and planting within parkways and medians for La Media from East Palomar Sueet to Olympic i Parkway , .. i Sewer, water, reclaimed water, curb and gutter, asphalt paving, I uaffic conuol signals. signage, and lighting, electrical service, I and interconnects for East Palomar Sueet from tbe McMillin east I I boundary. ! Irrigation system, meters, and planting within parkways and ; medians for East Palomar Sueet from tbe McMillin east i boundary to Olympic Parkway. i Potable water main from East Palomar Sueet to tbe Otay Water ! Distri"' 711 Pump Stanon at tbe Reservoir sjre. Sewer. water, reclaimed water, Otay Pipeline No.2 relocation. curb and gutter. asphalt paving. traffic control signals, signage. and lighting, electrical servtce, and interconnects for East Palomar Street from Paseo Ranchero to existing improvements in SUNBOW IT. I Irriganon system, meters, and planting within parkways and I medians for East Palomar Sueet from Paseo Ranchero to existing improvements in SUNBOW IT. Any and all remaining grading, channel improvements, incidental slopes, mitigation planting, and erosion control planting east of tbe Phase 2 Improvements described above. Sewer, v,'ater, reclaimed water, curb and gutter, asphalt paving. trafñc conn-ol signals. signage, and lighting, elecn1cal service. and interconnects for Oiympic Par1.-way ÎrOm East Palomar Sueet to tbe centerline of SR-125. Irrigation system., meters. and planting within park'Ways and medtans for Olympic Par1.-way from East Palomar St. to SR-125 7B. La Media Landscaping SB. East Palo= Village 5 Landscaping 8e. Village 5 Watee ConnecnoD 9A. East Palo= Village 1 West Improvements 9B. East Palomar Village 1 West Landscaping 10. Olympic Parl..-way Phase 3 Improvements and Landscaping H:\HOME\ENGfNEERJ...ANDDEV\OL YMPIC\EXHIBITD.DOC Friday, ApriJ 09,1990 Page 3 of3 $.f/ RESOLUTION NO. J9t!/¿l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR THE FINANCING AND CONSTRUCTION OF OLYMPIC PARKWAY PHASE I, II AND III AND RELATED ROADWAYS BETWEEN THE CITY OF CHULA VISTA, McMILLIN OTAY RANCH LLC AND OTAY RANCH PROJECT LLC AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, it is necessary to outline a financial plan for Olympic Parkway Phase I, II and III and related roadways which extends from Brandywine Avenue to SR-125; and WHEREAS, the goal of the financial plan is to be able to get Olympic Parkway constructed in a timely fashion and at the same time allow subdivision development on the otay Ranch to proceed in an orderly manner; and WHEREAS, the obj ecti ves of the financial plan are to outline the project costs and how they apply to each party, to establish time frame milestones for the various work components such as grading, channel and roadway construction, to establish financial guarantees to secure the work, to decide how the work will be paid for and to construct the road when needed; and WHEREAS, it is equally important to make sure that development does not outpace the road construction or result in an unacceptable level of service on Telegraph CanyonjOtay Lakes Road. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista in approving the Agreement for the Financing and Construction of Olympic Parkway Phase I, II and III and related roadways between the city of Chula vista, McMillin Otay Ranch LLC and Otay Ranch Project LLC, a copy of which shall be kept on file in the office of the City Clerk, is implementing a component of the Olympic Parkway Project, approved by Resolution No. 19431, a project for which the Council previously adopted a mitigated negative declaration (IS-99-20). BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the city of Chula vista. Presented by Approved as to form by Deputy city CÀ-~~ John M. Kaheny, city Attorney H:\home\attorney\reso\olympicl.fin »--/0 COUNCIL AGENDA STATEMENT ITEM TITLE: A) Item , :20 , Meeting Date 3/30/99 Resolution /7' Y / / Approving a final "B" map for Chula Vista Tract No. 99-02, Otay Ranch, R-46, accepting on behalf of the City of Chula Vista the easements granted on said map within said subdivision, acknowledging on behalf of the public the irrevocable offer of grant of fee interest of lots for open space and other public purposes on said map within said subdivision, and approving Subdivision Improvement Agreement for the completion of improvements required by said subdivision, and authorizing the mayor to execute said agreement SUBMITTED BY: B) Resolution / 91/:2. Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract Number 99-02, Otay Ranch, R-46, and a~Jizing the mayor to execute said agreement Director of Public Works If' ¿:;:::(),A City Manage~ ~ ~YI (4/5ths Vote: Yes_NoXJ REVIEWED BY: This item is to consider the approval of Final "B" Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement for Otay Ranch R-46 (CVT 97-02). The project consists of 117 condo units and is known by the marketing name of Capri by Cornerstone. R-46 is located at the northeast corner of La Media Road and East Palomar Street BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approve the Resolutions approving the: A) Final B Map and Subdivision Improvement Agreement for Otay Ranch R-46; and B) Supplemental Subdivision Improvement Agreement for Otay Ranch R-46. DISCUSSION: On July 14, 1998, the City Council approved the McMillin Otay Ranch, Phase I Final "A" Map and the Subdivision Improvement Agreement ("A" Map SIA) for that map by Resolution No. 19079. The Final "A" Map created "superblock" Unit 6 corresponding to Otay Ranch Neighborhood R-46. On December 8,1998, by Resolution No. 19294, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 99-02 for neighborhood R-46 in Village Five of the Otay Ranch. An excerpt of the minutes of that meeting is presented in Attachment I. ;2¿-/ Page 2, Item _ Meeting Date 3/30/99 Final MaD and Associated Aereements The final map consists of the following: 117 I (1.52 acres )1 9.266 1) All open space lots are private and will be maintained by a Master Homeowner's Association. The map (see Attachments 2) has been reviewed by the Departments of Public Works and Planning & Building and found to be in substantial conformance with the approved Tentative Map. All internal streets are privately maintained (the loop street is named "Via Capri"). All fees and/or cash deposits specific to this map have been collected in satisfaction of various Tentative Map conditions of approval. Approval of the map constitutes acceptance by the City of all sewer, general utility and access easements granted on said map. There is one Open Space Lot (Lot A) within the Final Map. An Irrevocable Offer of Grant of Fee Title for this open space lot is conveyed on the map, noting that Section 7050 of the Government Code of the State of California provides that such offers may be accepted at any time by the City Council. Said lot will remain in private property and will be maintained by a Master Homeowner's Association. Genstar Southwest Holdings LLC has already executed a Subdivision Improvement Agreement and has provided bonds to guarantee the construction of the onsite public improvements. The Subdivision Improvement Agreement and bonds are on file in the office of the City Clerk. The construction of all offsite improvements serving Unit 6 have been secured in conjunction with other final maps previously approved by Council. Genstar Southwest Holdings LLC has already executed a Supplemental Subdivision Improvement Agreement (SSIA) for the subject [mal map. The Tentative Map conditions of approval of CVT No. 97-02 are presented in Attachment 3 (Resolution No. 19294). The conditions that are satisfied by the SSIA are: 1,4,5,6,7,20,28,32,48, and 65. These conditions, excepting Nos. 65 and 32 are addressed using typical language used in previous agreements. Following is a discussion on conditions Nos. 65 and 32: Condition Nos. 65 - (Conveyance Obligation). This condition stipulates that prior to the approval of the Final Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP). Because the developer does not currently own land for conveyance to the Otay Ranch Preserve and the in-lieu fee is not in place, the SSIA requires the developer to deposit cash with the City in the amount of $33,465 (9.266 acres of conveyance obligation X the average value of $3,056 per acre determined in the appraisal) concurrent with the execution of the SSIA. 4·-J- Page 3, Item _ Meeting Date 3/30/99 The developer further agrees to purchase land for conveyance to the Preserve, within 18 months after approval of the agreement Ifthe developer does not buy land within the specified 18 months and/or the cash deposit is used by the City or the Preserve Owner Manager to purchase or condemn land to meet the developer's land conveyance obligations, the developer agrees to provide for any difference between the actual cost incurred by the City or the Preserve Owner Manager and the cash deposit. It should be mentioned that McMillin is currently in escrow to purchase property that will be conveyed to the Preserve Owner Manager to meet the conveyance obligations for the entire McMillin Otay Ranch SPA One (approximately 200 acres). They are also requesting that all cash deposits, submitted at final map approval, be released upon conveyance of said preserve land. Condition No. 32 - (Community Parks). This condition requires the developer to pay community park fee based on the formula contained in the PAD fee ordinance. In satisfaction of this condition the agreement requires that prior to approval of each final B map, the developer agrees to pay PAD fees as determined in the PAD fee ordinance based upon a formula of 1 acre per 1,000 residents. With respect to the final map for R-46, the developer agrees to pay, in cash, the PAD fees within 60 days of approval of the final map. In addition, the developer agrees to provide, concurrent with the execution of this agreement, security to guarantee the payment of PAD fees. The developer also agrees to pay interest, on the PAD fees, as required by the Municipal Code. The City may withhold final or interim inspection of units for which building permits have been issued and may withhold issuance of additional building permits or any other processing of entitlement on any property or improvements until the required fees have been received by the City. The SSIA also specifies that the obligation to pay PAD fees will be waived if the developer and City enter into an agreement (within 60 days of approval of the final map) for constructing the Community Park. The SIA and SSIA are included as attachments to the resolution. FISCAL IMPACT: None to the City. The developers has paid all costs associated with the proposed "B" Map and associated agreements. It should also be mentioned that City staff is currently working with the applicant on a global approach regarding payment of PAD fees between the Otay Ranch Company and McMillin. That agreement may be brought to Council in March 1999. Attachments: Attachment I: Attachment 2: Attachment 3: Attachment 4: Minutes of 12/8/98 for R-46 TM (Resolution No. 19294) Unit 6 Final Map Tentative Map Conditions of Approval for R-46 Developer's Disclosure Statement H:\home\engineer\landdev\otay ranch\113r46 TA3/17/99 2:28:ss PM OR-219f )f~ RESOLUTION NO. /tJYJ/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL "B" MAP FOR CHULA VISTA TRACT NO. 99-02, McMILLIN OTAY RANCH SPA ONE, R-46, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF GRANT OF FEE INTEREST OF LOTS FOR OPEN SPACE AND OTHER PUBLIC PURPOSES ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista hereby finds that certain map survey entitled Chula vista Tract 99-02, McMillin Otay Ranch SPA One, R- 46, and more particularly described as follows: Lot 6 of Chula vista Tract 99-02, McMillin Otay Ranch, SPA I, Phase 1, in the City of Chula Vista, County of San Diego, State of California, according to map thereof No. 13605, filed in the Office of the County Recorder of San Diego County, July 28, 1998. Area: 9.266 Acres Numbered Lots: 28 No. of Condominiums: No. of Lots: 29 Lettered Lots: 1 117 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the cit of Chula vista the Irrevocable Offer of a Grant of Fee interests of Lot "A" for open space and other public purposes, all as shown on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides than an offer of a Grant shall remain open and subject to future acceptance. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the assignable and irrevocable General utility and Access Easements over, under, upon and across Lots 22, 23, 24, 25, 26, 27 and 28, all as shown on said map within this subdivision. 1 J.?/?-/ BE IT FURTHER RESOLVED that said City Council hereby accepts the sewer easement over a portion of Lot A all as shown on said map within said subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista be and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged and that those certain Assignable and Irrevocable General utility and Access Easements, said sewer easement, as granted hereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be and 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 Improvement Agreement dated the completion of improvements in said subdivision, shall be kept on file in the office of the city approved. that certain Subdivision , 1999 for the a copy of which Clerk, is hereby BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works ~<J}11ç~ Joh . Kaheny, city A orney H:\home\attorney\reSO\McmilR46.fm d,þ /J ~ c2 RESOLUTION NO. J9f/ :L RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NUMBER 99-02, OTAY RANCH, R-46, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer for the Chula vista Tract Number 99-02 for McMillin Otay Ranch Spa One, R-46, has executed a Supplemental Subdivision Improvement Agreement (SSIA), a copy of which is on file in the office of the City Clerk, in order to satisfy Conditions 1, 4, 5, 6, 7, 8, 20, 28, 32, 48 and 65 of Resolution No. 19294 approving the Tentative Map for Tract 99-02. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for the Chula Vista Tract Number 99-02, for McMillin Otay Ranch Spa One, R-46, requiring developer to comply with certain unfulfilled conditions of Resolution No. 19294. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by ~y~ City Attorney John P. Lippitt Director of Public Works h:\home\attorney\reSO\CV99-02 02¿ß -- / COUNCIL AGENDA STATEMENT ITEM TITLE: A) c1? Item Meeting Date 4/13/99 Resolution / 9 Y.-J~ ,;2 Approving a Deferral Agreement with Centex Homes Concerning the Development of Certain Lots in Neighborhoods R-3 and R-8 of Dtay Ranch SPA One, Village One and Authorizing the Mayor to Execute Said Agreement. B) Resolution ) 9 '13 J Approving the Final Map of Chula Vista Tract No. 96-04, Otay Ranch SPA One, Village One, for Neighborhoods R-8, Accepting on Behalf of the City of Chula Vista General Utility and Access Easements, rejecting an Offer of Dedication for Street and Other Public Purposes and approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivisions, and authorizing the Mayor to Execute Said Agreement. C) Resolution) 9 1) i Approving the Supplemental Subdivision Improvement Agreement for Tract No. 96-04, Otay Ranch SPA One, Village One, Neighborhood R-8 requiring Developer to comply with certain unfulfilled conditions of Resolution Number 18398 and authorizing the Mayor to Execute Said Agreement SUBMITTED BY: Director of Public Works.¡) ~ REVIEWED BY: City Manager Úl,L' (4/5ths Vote: Yes_NoX) . ,,'G (0:<'·'" The Council is requested to consider the approval of an agreement for deferring the development of certain lots within Neighborhoods R-3 and R-8 of Otay Ranch SPA One, Village One. The agreement provides that Centex Homes will defer construction of 40 homes in R-8 and 21 homes in R-3, approved on Oct. 6, 1998, in order to obtain final map approval for Neighborhood R-8. The reduction of 61 EDUs will allow R-8 to be approved (with 21 non-deferred homes remaining) and keep the total SPA One EDUs within the Public Facility Finance Plan limits. The development of the 61 units will be deferred until full compliance with the PFFP is attained. If the Olympic Parkway Financing Agreement, which is on tonight's agenda, is approved, then the Deferral Agreement is not needed, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. ;27// Page 2, Item_ Meeting Date 4 /13/99 RECOMMENDATION: That Council approve the Resolutions: A) the Deferral Agreement for developing certain lots in Neighborhoods R-3 and R-8; B) approving the Final "B" Map and the "B" Map Subdivision Improvement Agreement; and C) the Supplemental Subdivision Improvement Agreement associated with this Final "8" Map of Village One of the Otay Ranch Project. DISCUSSION: On November 19, 1996, by Resolution No. 18398, the City Council approved a portion of the Tentative Subdivision Map for Chula Vista Tract 96-04, Otay Ranch SPA One including all of Otay Ranch Village One. On June 16, 1998, the City Council approved the Otay Ranch Village One "A" Map by Resolution 19043 and the Supplemental Subdivision Improvement Agreement for that map by Resolution 19044 (" A" Map Agreement). The Final "A" Map created "superblock" lot 8 corresponding to Tentative Map Neighborhood R-8. Neighborhood R-8 is located north of East Palomar Street. This fmal map includes 61 single family units, 40 of which are being deferred until satisfaction of the Public Facilities Financing Plan (PFFP) requirements. Deferral Agreement The Otay Ranch SPA One Public Facilities Financing Plan (PFFP), approved by Council on October 6, 1998 establishes trigger points for constructing necessary infrastructure improvements. The trigger points are linked to the cumulative Equivalent Dwelling Units (EDUs) approved with each final map in the entire SPA One (see Exhibit B of the attached Deferral Agreement). In effect, the PFFP requires that an agreement to construct critical transportation improvements, which are fully detailed in the Olympic Parkway Financing Agreement, shall be approved before this final map may be approved. This Deferral Agreement will allow the approval of the final map for R-8 to remain in compliance with the PFFP if the agreement is not approved. If the Olympic Parkway Financing Agreement is approved, this Deferral Agreement should not be approved. The final map has been reviewed by the Public Works and Planning Departments and found to be in substantial conformance with the approved tentative map. Approval of the map and associated agreement constitutes acceptance by the City of all assignable and irrevocable general access and utility easements granted thereon. A 3D-foot easement for public street purposes is offered for dedication within the subdivision. This easement is required in the tentative map conditions to provide for a street connection to East Palomar within the area of the current paseo, if needed in the future. There are no parks or open space lots offered for dedication within the subdivision. The Developer has secured its share of the development portion of the Park Acquisition and Development (PAD) fees for SPA One neighborhood and community parks. The Developer has previously submitted an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for community parks with the approval first fmal "B" Map (Neighborhood R-3, approved 10/6/98, Resolution No. 19210). The Telegraph Canyon Drainage Basin DIF in the amount of $57,416.08 has been paid d- 7-.), Page 3, Item_ Meeting Date 4/13/99 The Developer has bonded for and agrees to complete all on and off-site street improvements required for the approval of this "B" Map within two years following map approval, or sooner if construction permits for the required improvements have been issued. All other applicable tentative map conditions have been met. The conditions of approval of Resolution No. 18398 (Tentative Subdivision Tract No. 96-04) that are satisfied by the Supplemental Subdivision Improvement Agreement (SSIA) are as follows: Nos. 1,3,4,5,8,9, 10, 11,21,22,27,39,44 and 123. The complete list of conditions of approval are included as Schedule 1 of the SSIA which is included as an attachment to the SSIA Resolution. None of the provisions of the SSIA included therein are considered to be significant changes from the tentative map conditions. FISCAL IMPACT: None to the City. The developer has paid all costs associated with the proposed "B" Map and associated agreements. Attachments: 1. 2. 3. Minutes of 11/19/96 (Resolution No. 18398) Plat: Chula Vista Tract 96-04, Otay Ranch SPA One, Village I, R-8 Deferral Agreement H: \Home\Engineer\Agenda I rSdeferral.drs April 2, 1999 d 7"] Mi:I=s ]';ov=mb=- 19. l?;;£ ?zg:-' ~.7ïACHMENï " EXCERPT .- ==:it:lvcness ï--...-...._ it is SQI..--,· not =nouci:I to m:lrnt::t;T1 tD= ~ if ~boóv ~ j~ th~. 7.n=-t 15 . ....-.. - ., .- .. :isi: of losing Î>",;.. ---" b=us: j¡ suàå::n1)' œ::om:s ~ to move = door. r~........"=r "1/;"';_ stated ~ IDe busin= li= j¡; _n,,,,;,,~¡¡. I3Ísed or 10-.:=1, IDe == =io 1imÍ!s1be CmmciI in r.:a1istic optia= Be =¡=cd bringing bacl:: Ibt lmSI:r fee ""¡".";,,õ. fur 1998 to ciìe::: Ibt l>.u.......¡ I3I:es of 1.<192, WÌJÍci1 is tile fuEl y= it was 2bated. Be teqI1CSted SI3ff not only ",,","ñ_ the ,n.'_t ~ 3'=. but to """"';ñ_ ~ so jf th=.Ís .an alfJIlStm<o1t and " sigmñcant busin= 1>p-1IIm, th= is .an op:iOI1 fur Cotm::il to ~c:::t it :in .. moã::st !ale aã.iust=t. RESOLUTION 1ED1 OF.FElŒJ):BY COUNClLMEMBER .RINDONE, reaãing of the = was waiv...;. title ,.",,¿ pzssed and approved n."..;".ousIy. 10. J>!JBLIC HEARING ZA1'-9í>-11;.APPEAL EROM 1'.LANN1NG COMM15SION DENIAL OF A REQUEST FOR A "'V AJUANCE TO lNrI1'1<:A >:J;" THE HEIGHT OF Å 1WOF!'OP SIGN EROM 35 :EEET TO .c H:E::r FOR THE COMMERCIAL Jro1U>1NG LonTIm AI 396 "En h.LiU:.%:.l" 1N TIlE CoT THOROUGHFARE COMMERWL ZONE-MA1ITT1\jALT.BA"DM - This is an app::aJ from the Plamring Com:Irissian's Õ::aial of a.reqnest iir " V2IÍanœ to a1Iow tìæ COIIS1IDctian of" rooftop sign to 42 feet in.heigiI! jor ~ ""~..;..¡ bnïiãmg1ocatedat3%-;" Stre=t, wJth:intìæ C-TThorougñ:i:a:re c.".. ..;..¡ =. T= C-T:zane limi:stile.iJ:i¡;ñt ofmoñcpsigusto35 =2bove gI3Óe. At the reouest oftbeanniic:ant. staffrero"",,enti< that the unbiio hearin" De !=!!!1finued tv tï", m~II!' of 12/1 0/96. (Dirc:::tor of:Plamring) 1I5C Œio:nnnJ Alevy) to rnniñn_ 10 the m-+n,g of J1.!10/96, approved 4-II-Ð-l w.ith '!<n,ñnn. .ab<:bn,n,~ . E_'_ 1ŒSOLUTION 18416 .AP1!ROVING A RESOURCE CONVEYANCE AGREEM£II,T FOR TEE OTAY.RANCH SPA ONE, IRACT ~ - (This is a related rten. but does not ""-0";' = a Dubiio h~) B. RESOLUTION" 18417 .AP1!ROVING AN INDEMNInCATION AGREEMD'T WITE: VILLAGE DEv.E:LO:P.M:Ð."T FOR DUCT ~ - (This is a t:dated rten. but does not ~ a DDÌliio beal""ÎI1!') C. :?G!LICEEAR1NG PCS96-Ð4: CONSIDERATION OF AREVISED'ŒNTATIVESUBDIVISIONMáJ> FOR TIE OTAY RAN"æ SPA ONE, DUCT 96-64 GENERAu.Y LOLA TRn SOUTE: OF TELEGRA..."Pff CA.1·¡YON ROAD .!Suw.tJ:;N" PASEO .RANCHERO AND THE .tUIU!Œ SR-125 ALIGNMENT A.1-.ID EXCLUDING 288 ACR:ESlN ASSESSORPARCELNUMBER (APN) 642-Ð611-11 A.1\ID A PORTION OF A..""!>i 6C-Ð8G-ll - .A.dopt" 5=rl J;ññ-,;"", to FEJR 95-01 and =tiiy FEIR 95-01 and Ibt =- =! Acidenåum jor ~ O"'''y ?==i:1 SPA One and TcnIa1Ïve 5uñåÎvisian Map jor Village One and Phas: I-A of V"iJ1.~ ?lve of th~ D-.zy Ran";' S?A One, CimJz VÏs!:a T= 96-04, :in =mance with the finci:ings and subject to the =åitions =t:!:in,,¿ m ~ ¿.~ resolutio::. S:zif =mm..,~c "PProvaJ of the =elutions. (Otay Rancl1 M.mag::::-) Continued from the m~ of 111D!%". - ::J. ?250LDTI01' 113398 ADOPI'J!.¡G THE SECOND ADDENDUM TO A.1\ID CERT:I:FYING FTI\AL E,1'''1RONMD."TAL IMPACT REPORT EIR 95-{)1 (Sæ #95021012) AND FIRST ADDENDUM READOPTING THE SI'A'I'EM:a"'T OF OVERRIDING CONSIDERATIONS AND TEE MITIGATION MONITORING A.1-.ID REPORTING PROGRAM FOR TEE F.E1R .A.."ID APPROVING A REVISED l.t.."'"'TATIVE S'OBDIVISION MAP FOR PORTIONS OF THE OTAY:RANæ SPA ONE, Œi1JLA VISTA TRACT 96-64, A.!,;1) MAKING In=. NECESSARY FINDINGS .AND C01\"'TIND1NG ALTER.t\'ATTlS TE~"'T.t.m'E MAP PROPOSALS ;~"""\" ;=. cb. Ot:!,· ?=::: S"...""':a1 ?::>i= Mana!!::::-, £ave" !:t2tion re~g the D-.zv ?.2:J:::' ãeveiopm:::::. - ". - d- 7-':- - - . COt::l="="= Rinã= 2SÌ.:=l WÍJy wzs Se:::ion ï.1 of :be zgr =<It CÌlang=1 to ",,'1= the E Ma; ¡~v~!, as i: "'25 Dot It.-..=::::=1å::d Íor ~ Dtl=- àev~lop:::. i___ :..'.::::;::'::: .~~DV==:J~:- : ~ :?9::: --;:;o~ :. .- .!..==. Moo~, A=-~~ =í!)' Att.orn:=;·. s:aid that :::.onåitiOD 0: tnt ci~dopm=l: ,;:"'-- ~t U"2.! :::::..: 1: ~~ ~ :=J.:aUVC mzz z::mroval ~I";' ZS ConãiuDD 1 DE, wñi:± wori:.s hand i= iand wi~ D::':: ZDO:.c:::-. ~ . . . ~-:~~ 'WÌ1=1 ti= improv::m::nrs ~ tri:c.cw::reò b~' th= Pr~r. :::;:;:::.::.::::::..:: :.': - .....-_.-.~ .,..J~____ M=- iamri.s1:a s:a:=:d = impmv::m::u:t pàasiD.g ~.rfn;_ .i~~¡oJ to be 'I:'l1Ì'1TnÝtt-t'Ì will i.à=n:if:' all of tD.~ :,z=.;.:t>ODt: "Ï2--i'''¡.., anà b:ÏIu= 1Dc City L¡;;,. r ~ 1Dc fustimal B maD, lDat::œãition will ió:mifl' .n Ùlo :=,:ir~ I ~r.-·-... ~. ha:i::Dcme ';;'Mï;~. 2S weD as a plan for the hTt",,!""Ÿng. Tœ baclàKme ía::ilitics would. net œ. trigg-=:-....:. :,:;: tD.~ ~ oftiJOs::: 10ts to a dim:::n::nt ¥,,"vfA",¡lj OWD:. TIe tri:gcr poims fOT th:: had:Don:: ia::iliti:s o=--== wD: ~ fu:a1.B map is ~"'c::T_r1. JOI:r. ' ippitt.. Di:=o:- of Pubii:: Worl:s. gave an c:amp1: of -;:~'=tT ~l--_ ~. that tb::;. ::am:: 1Il v.;tr: a1: DV:::zIj _:...~ :=2? ÍOí the ~ strc=ts anè ~ of ~ ba:::ki:ton: .:f.a:iliti=s. T.œ:)' w:re requir-....d to Dam: fa:- t.D.OSt ;;-..-=:.: wi:ïrin ÙlciT f.,,-;¡";"" and w= =mir-..d to DrDVió: so= off-sit: mmrov=. Tœ City would i1av~ Ùl~ m:n: to .. ... -' - wifuDo1d builãing:¡=rits if tÌI"'J -.:r::n'1 d=, and it was to amÍoIm WÌtÌl our 1cvcl oÍ =vj: orãi=: zn:: Ùlo ~ manag= oniinanœ.. Th= waulàn 't1mv~ to œ ÌJOnÕ:d nntiI sn::i11:i= as Ùlry "'=' ~ :nos<: ~1ãs. M2ym- Eortcm ãi.ãr.": ñ-..Jieve 1h= W2S ev:::r.an =ffcrt to :nave th::: .!-I~~' land ovvn::=; Ch à~~lcm=:; s:::[ G.: 2 ~ ~,,,,,,; 2S towh2t is =tly being proposed, 1Ïc'e was D--V=- 2.lDOV==nt 10 riD tiJ.a: wit!:. "::,,,-,,¡.. cr ?.an::nc <kI R::¡', so it may :not "?Pi)' in this sitmttion. Sœ staœd 1Dc =" was aåãr=:::i m Ùl~ =,>or: wi>::::: i: ::zïL=d about th: ~ ~o:s:; ~, it is =-1UlÒ-~g that =if.1n:mpora..œã th: pro~-rions fuz: tÎ1~ -&--:--Tñ_r: "will œ !mil:.. Mo. Moono said 5=ian 7.1 sb:ifu; 1Dc ixmd ~..;. ... ..t to the == huilà=:, tiJ.a: th..-y will æ ~OnsïDi~ Í:r ;ill 1Dc~f:.",-¡¡';"'~_ DÎlDeJ:uoa..1.w1 imïId= Tiz::r:"WDuJdœ-a........h-..r oÍissn::s anà ==;;= w::: to =¡uire.. ~.."I buïId= CDmÍDg in wi1h JiIIIaJI J>It!i= to !mild or == 1m!Ïor Dad::hon~ f.,..¡m;",. S=ion 7_1 pnIs itDci: to the mzst=rbnild=-fur 1h<:irnsponsibility, and 11 is 1= UDñ~';;"E tiJ.a: honñ;,,~ Ícr 1Dc. 1 ~""'" f",.,-¡¡,;.., ÍIas c........uod at the A map stag<:. :In this case., it's being doœ at ~ B map =g~_ ""::::p' funwo impro= 1ha1are 1isœdin Conãitionl08. Cot"'-'-¡~,= Moot ~ iÏ 1Dc m=t:hanl buliá= woWd provide the i>onãing or WOIÙå vlliag~ :>~~j,,~-,~, o¡':ain Ùl~ honñ¡"~ œi"ore the City allows a sale 10 1Dc ==haul builã=. Mz. j""""¡d-, sairl Ii=: w= Ímxr Dzsic it::ms tÍ1a! x=à~ to œ bonà=d prior 10 the Ïin;: 1';"'5" cÍ tÌlo ;'2-'-":0"" -fir~',h-::. and it is ~~f''':¡ .it will be the requiI=n::nt of th=: mast=" bni1å:::Is. All ~ ·n::f·+Ì>oD~ ~"';~;:.i~ will probaDly fa11 npcn 1Dc ~ oÍ o:itì= the == builder andJor the m=hant builà=. G:n:::::-;ï~b::r PaãiI1£ .ãiàn "t ti:rin1: tD:::re \VaS a ãisñn::ticn f.D=:re and 2S Íar as breaking à~. wha:. the: OD1!;-.:.:iO=' 1~~ would be a! ~ gu:st build=- 1~=.l. You eÍtnc- have a COIII;'lete obligation to guanm~ 1 00 p~....=:l: :::.::'::t ~2-~·~: fa-"iliti:s a:: ~ A map stag: or you have 100 per:::.:nt transÍ=r or J-.,.jj:.f oÍ that obligaricm to the: S-.l--"~:3 1::.;-" ~_ M:!. M~ said ~ h-:måmg is th~ saf:st gwL.-.mr= t:h: ûty :an have., anå having th: boDãi=g z.: Ù1::: A =:;: :;-.z~t is , ~:: ~-ure posi:ìon for the City than àoÍng it a11at=r stag~. ]VJ.:. ':" ~itI said it 1;1.'25 s:.a.ffs opinion 2S long as th~ W2S a. conåirion in ~, they ::an't åo z:!:' .:s :naps 0':" z=:' à~:i...~ ·~ts o-...::az: this has to ~ r=;olveà. It is a. shift in rim:, but Dot .a shiñ in àevdop¡n=lt S"".zg6g œ:-w= JÓ;:5/-..zndB. Q)~~œ:- ?;..,..;~ said iÏ~ :m..ng~ th~ t.i..Iœ 5Oq1l:1:::: of this and tb~~ is SO~ gu::s-..im: of :-~'?:;:::::::;:=:' ~ .':'~=:a m:r-~ bcijci...~:::om:s in and cannot .a..':¡ord that, the ma.st=' buùå.=" doesn't Dzv~ tne ~-~,:>'?O~:·::.::~:. =: ¿¡¿ :lot n=ar th: ~,~..T'I""" thaI t:œ: CÏõ' in~ its Drot--íon, ~ ~ m--r...ha.nt builè::::s w112 DC):::Z::; ~= ¡-..$J,::-~ Ú1~ II:2St::::" buüå::s would hzv~. 2 7 /ç ~ .7"C. !~~-I:$ ~OV::::I1~ 19, !~ .:-""z~t; .- Þ.~07 ~onon saii x: was h=- unci:::-.-..anciing iron: 1m: w.f ~ 1ha.:: Î: is 1h~ soÌ: T:,;.~-SiDüit:· 0: 8:2::: ?..aD=t ~. or its ~.,,) m Înt:I-...s:.. to proviåc or fman::: Ûl:; :::0£ of the ba::l:OOn~ fa.::iliu:::; ~~....d iD aD:: f:...a.: map. m-m~g ho1i1 A .aDÓ. B maps. W-"- Moore said it was == cd ...;w staff cuuiè åo to ::1ariiy it WDD1è Dc to m= sp<ciñ= language ÌI: S=ioo 7." that smœs 1h"! man provÍœ tï.e ñnnnm:;. l2. Cot1T1!":'11"", ...: ç.,. P2ãiIla asked ~ WCTC ~ of tœ pot::nriaI issœs if ~ u!)-' allow-...è th~ Donåing ~, œ at ~ 3 map srar=-. 2S opposed to ti= i·... map stag::_ !vi£.. Moore s:ai¿ if ycm re:quir:: Û1:; ixmã.ing at tire A mzp stag:. you Mv: tÌ1: hcmãing up ~ If SOD""";.m,~ w=-: Ie ~ to ti:1e ~ òuilà:::, ~ would Ì1ave tœ: DonóÏng to go aft=' .În 011Î:;r to CŒS:nI:::: tÎ1f: improv=n::tlß. If ;oe wait 1mIil1a:l= s:a..-.:s. even 1ÏImIgh fi=e is that provÍsioo in the ap............t that å=ùs with its s" ! ~ ~> m int--=t, fi=e is 3ÍWzys :tb:: pote:atW that _1IIÍgÌI! not Dc :IÙIk to get tï.e mast=" bnild::- to =nally == the Da::i:Ï>ane faci:iities, and ~ wan't have bonãíDg,,¡ that poÎIIt 1=anse it was don:: at a 1=:- s:age in d..-veicp=t. We wou1d tb::n try to go to tic """""~ builå=, ~ wou1d be ñ;ffi""I,to Dave tï.e ==ñant bnilóer =liy ::c::s:m=t mï9DT ~ .o&.!'"1ï~ Ccrrm"'"'l~~ ~ said m 1'2LÜng 1ñe minttt::s of th: Plamring Ccmm-ñmrm , CoTm~1'\ . "~~l'-ci= Ma::~' Sal2s ~~ :tb:: sp::::iñ:: =.-m< that tï.e = buìló=-is Ítm:ver obiiga!=d to åo th" bacl:'ixme infu.stn=.si1OWè '''-: 110t stIrVÍV<: :ii:moió= to i=o= obli:"",·n to the ba::kDc= ~, =. and the timing is the i= w:. ~ ::ùking:lÙloo:, em the :r::aïity is that the = en;;""" is requn-..d to be :IÙIb to bcnui to ao that. r"""",l"","",¡"'" :Rinóaœ said tic 1~":;'~ of iimóing the ba=:kbone ;"'-'lrti.., is a gr= risk. In oni=- to try to ~ that risi:, ~'ve pm otic- saíi.¡;-J.; injj,:, ag:n"""'''''' Cmmcil:bas the IeSpOIISI""biiity to = that the ~ -r,...,m;.." me bnilt. Ee óid DOt = WÌIy t!c old m1<:s we:c:::han.,oed., ~ tÌ1-ry worl:ed wcI1 and prm>iœd ~ ~.....Js. Be said :tb:: Dottom = is that with :tb:: SÍ2: of:tb:: Otzy :Rznci¡ and the proj=:ted btñióœtt, ~ don'timvc t!c """",,,,"- Írom the =y Ïnmt !bat t!c ba=:kbone inñ:astru=:= in p1J=, ani í: will = 1ÍIe"Wrong = ÍD:" Ibis devc1op=t. If....., J:wj ,~":;'cd the bonóing,,¡ t!c very Ì>_~ as óon" in Ii: pzst, we woWón't have to =<>= up wim all of th= amñrti",,< ,- Ms. Moore said =ñing to the ó..-veiop=t ~,~ jf]anguage is .n,,-, to sp=;ñ""liy ó"2l with ban:iing, it WODlà requn v1fl'2e ~ciop=t, and its "" - 'L> in int::r::st, to pmvióe the DonóÏng. T1:I= is 2lso a ptm-isioo in the ag:.........,t tba! talks aixmt suboråinatioo so it n:qWn:s the i=ó= to su~ to the d..-vciop=t 2;.=t. It is IIDt ilie same as æving the DonóÏng up front, but th= is a ~..sion that holós Village D~..iop=t to proviJje the ~. and the bond. !::>-'''''''''be:r ?aóilla said Ibis i= pr=t::d itself a! the r=qw:st: of ·Village D""clcp=t. "IIere is a =son =:mri:::aJ.Iy wiJ:' ~ "'ant to be aD;e to sell oñ ~ withnut making Ii: gwL-ant= 1;> Îront on this ~ of a S?<. :r a1 the A Ma;> stage, but the q=tioo is wñdi= that is WÌIa! Coun::il wants. Tne qn=ìoo here is tiris was cæg-....d at the r=qœs: of the appli~ th....-re aT: rezsons Íar tha1 and the qn=ìon for C::nm=:l is wÌ1etb.= 0:- DO: wri::. we ge: to ti:::: á:vclopmcnt ~ and ~ 100k at the t:ntarive maps~ wÌ1d:h~ ~ v.ill ~ sarisñ¿, me w~ 2v'e enough ::::n:n:ror: with this j"e1 of a gua..~ T~ is no q=tion that the ~ in wh.i::h s:.zf is =---=óing is i= =city to the City than jf we requimi the bonds a! Ii: A map s:age. ;)7-& . :::= '¡("¡¡"""DO', IJSï5::¡ Camino R::al, San Diego, CA, ,-,:pr=ting Village D""ciop=ts, s:at::d tba! City s:aff ""¿ Village D""cia¡>=t stañ pm a lot of time to =sure the probl=s ti:at Oc.=IL.-reri m SL Claire "'"" not ~:;;.~=::::d in Ot2y?.2II:.h.~ V;lb~l),~opm=tis s:=Öng toproviå=~r:y ~!with the P.:-rr. an:::hat :! ~ 2. ?~ of à--v=lopm::nt ~ an improv=n::nt m orå:::r to s=ve th21 P~. th:¡ a::i=quat: s~-u...-i:;- 1l2.s 10 ~ ?TDvià~ Tœ å...-vclopm=nt agr::::m=¡t stat=;;:b.a.t "ï1l2ge Devclopm=1! is the t:Iltity n:spons:ïDÌe. .A.5 2. g=~ r.J.l~ v.-=. you h.av~ ~ t=ltarive map a:pprov~ anà th2:t's WÌ1a1 vïllage Devcioptœ:Dt is ~g In::his h2...-mg, ~~ !;s ~ Z!l obligation in S:aœ law or Coun:::ïl poli=y :ha:. ZIl appii::ant follow-up a ~tarive 1D2? zpproval w:i!b z:. /'. -::>:-. ~ñat is å.Ï.J.~=:tt about tl:ris proj:::::t is t:hrou~ ~ â=v=1opxœ:nt a.g!~ ~ a ~!U~ from~...a::::=a: -< \t-~ ~eioPm=1t ~~....à In riD 2!'1 A_Tn2~ n- tn" umr'\i.. nf tr-.. ''Pt. ...";T1~,.... .....,·_uil:.~n-~ T: ...."'u.. ~~~~. _. _,:""__._-=::::::::,,,_ }""':.:znu::.s !'ov~m"t= :~. :996 ?-2.~: .- l.C :r~ the :::r.::::::::lO ~:::t o~ woWÍDr Vili2.~ ~=kr.:JID:Dts tc riD .k. maDS Dt. Z j...ss--;- a:-::.;;.. ·~-ili2.';:: :';~iopm=ns WOIÜi œ ~t to proviœ tb~- =rÌ~ on th: .vcm::nts 2.SSO~ wiÙJ ::a: i= a.-.z. :: :;,~Y àc an A map em th: wñole of th: ~ Dr a:n A map on tÏ1~ wnok of tÏ1~ SPA, û= th: bonãíng =.:.-i:;. I"''''''';''..........dS i ~....... i=::mse tbc =œåve map is ¡;o~. If you Jooì:: at th= WÍ101e of cL-v6op=: 2¡;J...........t m . . ..~..., I ;œ with th= 1::IImive map n.¡";'..........u., the City is assnn:d tbat D::iliIi=:s will œ buil: m a tmc.iy ...-..... 71æ St. Claire ~'Jr .:.... win Dot~, and tœ cost of the facili.ti~'wiIl ~ equitahí;· sDan::d amongst all" ~,;..~ P'u~ in th= F"!ie::L C~ìTTt-n'lD=- ~ a.skeà if s:zñ ccmsiå=reå MT. Y:;-&f"'m'!y's SIl:o~on of the A ma:p for z sm2l1 po:riDIi of II:: prt!je::t to = th= ba::i::ìx= :ia::iliti=:s we: pzn of th= A map. C:n:n=tï~",= Moot Stæ:d s:zf oS proposal v.:as 2. œtt= ~ ÎOT tœ City. M=. Lippitt "",ii-' It "WaS = Staff tried to = up with "Tn, 1....;"'" timt wou1d = tÏ1~ ò=:v60¡r.-' 5 n-n~ anè .a1so .assm=. ftc G1y's ~mm__ ?..i::mrl:Rm:a1:=, S=riar P1=, ~ staffs!" - "I.,;"" r.:pniÏng th= 0tay:Ranci1 F"!i=- .,..~ œing th= m::md pI=: as aãv=is=d, th= puì>ii:: ì=ring was rl-I·,ed Dp'-"-- · wIlliam I j . - "'" 8:."""2 BJë:wood Rœd. CimJa Yxm, CA, DiI=or of PI""";"'~ :md Op=ri= with th: M=cpolitanT¡z:sÎ:D=vc1apm:m:3aa:ni, ~tÌt:proj=:!:.. Ee~i~ con=:nsn::';~~tD ~ omi~ ~ r1-ncifi-c .in :zi= viD..a:o::s. ~ .., · 1U:::k w;T'';'"'''' 3130 BOIIÌm:Rcali. ChnJa Yxm, witiJPaintBaildcs, spoJco em bCbaIf ofWest Coast I.æui:m.¿, own=- oÍ1he ~ pa:r=l. ;'-'; Villa.,- 1 2Ud 5_ W= Caast........puns Slaff's,~ ........-"dation, a1tiJougÏ1 th=y wrmJd :¡æ ID pc:ñaps bui1d th= am::cpt to d=:ícr my approva1s În ~ 5 until tbc City, West C=, aDd v1T"'~ Devc:lopm::¡! ixave an uP!""Wuitj to m=t and !:Ipl= 1ss:ucs. · :Kim ~~ ~~J. .ti-ng \;1J'b~ Devc1~ sapporu:d staffs J.w-u......n\ñ~t"m witb the !:~¡jon of moãifying" ponian of !he t::n!2!M: map În V;¡;.~ 5 to =mpass all of tbt:ir ow=:_ì,;" În Villag~ 5, v,ifu tÍ1~ ~tion of two s;=iñ:: pa=i~ , a a a Cnnnnñn.....her PaåiI!a Jeft ~ dais at I1:ll p.m.. a a a · 1:::1t Dayœn., 1!5'75 El CamÏno ~ San Diego~ c...A..... ~~i....s....utÎng Villag~ Developm=n~ gave z ~on P-o=",.;mg O:ay ?.a:Idl and ,,¿=-::d to th: r.:¡>ort by V;¡¡.~ ~elop=L y¡:,. ";Ïn...~y ~,;~ willi tÌl: issœ of the ~ of ~ t=ntativ~:map. Be inãi~ Ÿ-illag~ D~~O?z::=tt 5Up?OI1S staff 4 ,-,,~å3Iion witÌl1ÌJ:: sÎngle. moãi:ñ=ation tbat me ~ of tÌ1:: t::J:1tarive map SÍJoujd iD=ìu.ci:: -v"'ill2.g~ ~~op:xn=lts ~ in "-;¡b~ 5. =.:;c=pt Íor two ~:::1s 1Dat ;~!Í;~t.iy abut West c.ozs¡ pro?~~' v.7i~ is :- <.::cl R-29 ant:-... 'P-3. West Coast has previcmsiy inãi::ated tÏ1~y wouJd like to flip a s6001 or pari: C¡¡L:> aU! o.....'!::~p. Tn:?OTricm of th:: !-'iU:r-"""t)' in R-29 anà P-3 wiric:ñ should œ c::1udeà from th:: map is a.ppro~y 10 :D 15 acres, 2!! a:mpi:: ~ to füp those kinds of US=S, Dot 1i1a1 they ar: ac::::pting or aåvcx::ar.iI:lg that, Ct:1 .a: l::zs:: ¡¡ ?viã~ the possïniliry. 7~ t6ng no ;~~ ~-s.. ~ public haring v."ZS cioci C:I::.=.:1im~b=- Moo: ~resseà ~JJ of th~ p%:ri::al eff=::!S of àeiaying the boDåing un:il :b~ B map j~\'~:_ _~_ Z5k¿ wh.a1 ~ w~ in p~ :hat 1b:: b2"'i::bon: ~ would be ~ Y.:. 'ill.-=y~ timt tÏ1~·è...-v6op¿'~;2n'. "!,,,,,.in< a """-m-n¡ timt =tÏl rel:as::ë ¡,~. tÍ1~ Ci:;· Cc~::!l, \::~:?~ Dev~1u:; ~ ,~ is obii~t-: to provià~ Ío: :h~ b:a.:kbcm: inirzst:'u=m.~. Tne cL-veio;rm=:n 2.;r~ : 2ls~ L/-- Þl:.:::r~ }\;::J\-·::::i~ 29, 19;¿; ?z.~ E .- :--~ th: ~..si~ of a su.Ïxn'tiIœriOD aèJ~t cy tb.: l::oci:r on th~ }J¡U~.~y iD th~ ~\'~: tb~y uj:~ ~~~ ~ ~:: ' .. ~' ......." -- -----...; Ò'V ~ nrovisiOIlS ofth~ å!:V=1ODm=t ~('>~,~ ".,-r,· Tn-rnñm" the~: Provisior:... :-.::~ µ~...... ~ ,¡.,¡.,(....... .....- ~ "" ....... ~ -:- "" ~.~ ~ of Jt:veis of ''''''''';'-;in this proj:::::. ~ wty of Ciwla V= has a very ~ve å~ei"?=t m;=: fee pIOg=2Dd each builãingp::mlit that ~ 1:hm11p¡ the proc:= has %D pay for mosc å=:Iop=: ::::;>a:: 1'= for a whole zr::zy of r"",;;,;...., aDd the wry' will ""''''''''riy 1Iave the flow of = %D male: s:..-,: =:Ìl inãn"iåaaJ pan:e1 p¡ryr; for its fair ~ of the ía::ilities. What both the ã....".,}0J'ID=l1 agio.....-.! and teDwive :=p bzv= 2!e ~~ that ~)' = in plaœ 1:hm11p¡ bcmåíng, èu:t ~ are ot:h= ~2n;~ to ::::":'''111': ~i=::ion of the f.a::ility in a tim=iy mannee. Co=""-m-mi>=" ¡,},:vy zs1œå wiry the proje::t did Dot induäe speed bumps, i=ause it wzs ãriÏ=t Ïrom tbe paii=: Co=--ïi -n~-t-'¿ :Œ :==1t months. M=. ,,..,,mcn. cpiaiœå the speed imm¡>s were 1>ot provided in :n:spons: io ~ by the ñ::: Cirief and c;,;ef of Poii::: WÏ10 Ïc11 any imp-iIrn-' %D the t:2ffu: flow would biIJd::r thei:r qnick tt:Sp= eom--.'~'-r Ai=vy zs1œå Slaff1D aåå=s the impa::t ofMSCP on a Cmmty-wiåe Dasís OIl this panicu1a:r proj=:., anri wDat ar.o 1he:Dnpa:z of 1'roposirion 218 on this prt!je::t. 10.-=. :i;>pin said = impa::t wonlå æ if we bad the OJ= spa::: ãisnÏ::x to maintain the OJ= sp= armmð the v~ Ifth= aT::!!õ1=d c.,.."..",,;,;.., ev~a.....n-_ within the........ '-U=ww1Ïtywmiiå æ "m,""~ bv - - , .....J~ ~.- E- ~ thel1omeown=' ---. '.';cm. 2Dd it would 1>ot be ~ at all by :r'u~0Il218. roc the ponion proœ¡,¡y alœg the slopes of7~ Canycn:Raad and O=ge A= withi= sccit as å.~, 1:hoJ¡" ""ulà œ2IJd proèzDiy- would iaIl1måertheprovisions ofProposilion218 wirich means themttial h"",",,~would be set up ÌciDre peopie moved in. 1f tbe peoplt had ah:aãy moved into the project befi= the ,.. .' nl<o. Ii=e would bzve to be a v=. ,.. r~,,~ ",;.... Moot.....,......1 """~ aDout¡;=.J..d '-ULWWWiries. ~ åid:DOtfzvor st¡f's.~""åatío:::md ",,='! =: the big IÏIÏÏI=Dœ ~ it has a gale or guan:1. b=mse the œm:ep1 is sriJl the =- He coul¿ :not =: "VaÏid = to =ttÎ::x any cÏ1i2::n in the wty of C!mJa VJS1:¡ from årivÏDg in and around fuis pani::ul.a:- z=. Conn-rŸ-m-mh:r ~was c:onc:::ned thatguaråed or gated commmútiessemis~ ~~IœSSa~ Df-r-~ this ~~....j= 1.V2S originally con=iveà to k Wn= yon have an:iñcia1 bam=:œ and even ~ insinuation of :.hD~ o..r;--=, eve:n if tb..-y aT:: guards tÌIa1 ax: DO! tb= àuring the day, i! = a ñiñ= = of ambian:=o. w: want to Dave the 1"........... this is a good COIDIIDIIIiry anri all paris have good protc::tion anri safety, DOt jus: tilose who = afford to b: in the sing1e-ÍamÜy or higher n:siåenrial facility. ~ åid DO! Í2vor gu;<Iœä co=uniri:s m 2II:' ;>..1"':"'" Mayo: ::iorton indi=ed tÌIa1 ga1ed =miries were ::ommon. and there were two =:as in p.:m=:.o d,,¡ Rey ...ri=': CoI=:ü ãid DOt op¡Y'..se. TlI= ax: moÌJÜe .nome p:uks b-..hind gales, be::ame it is the lifestyle ti::: paniculaJ" ::1ooüe non: ?ci:s 1A-'2J]te::... S!:~ åœsn't tÌ:1:Ínk it is exclusiv:; it is 2. choiœ and ma.ri:::ring too} for ttris proje.:::.. CDu=~b= .AJ=,;' ~f=red to ZI: z¡:j::1~ "Tn: N~ ~tÌ""'!"I. . from Califomjz Lawver ID2.E~ tha1 t21b::¿ ~u: th~ D=5:s ofhzvi:!g ~,..,; communiti~ Earlier this evening Council spok:. at =gth ~g s=tÏOD 7.1 0;:1::: dcv~cpt:=:lt ag!~ and th: ba:±bon: inñzst:ru:::::a, and it was clear tha1 Council ãid not want to ~ ¡ sjn:a¡jat: m 1his deve!op=! tba1 was DOt ~uired of otì= d..-ve1op=ts. ::ie indicated we ,,-' to = that =à with ...",--1 to ¡;=, "== we Dave allowed gateS in otì= pans of the wty. We hav: ;r.n= singJ<:-;,-;;;' n:siè::::: åeve1o!,=with ga1es m both ::''''lake and Rancl10 Del Rey, and h= staœd CoIID::il siwWd be co~-=:. If ~ z:: going 1D im1å Rancho ä¿ R...-y and ~~~1~¡~. to the sam:: r:quÏr::m~ts on oth:: is:sw:s 2.S \;-;:~~;= D~~"':J-~t, th::n ~ snouJd ix: :"'~"'mcict-:¡~ and ào Û1e SõIJ;œ with giving th=n the oppomci:;' i;-om a ~¿~::=~ S--..aI1b:J~: to aliev.-' ~ OOniOIlS of th::iI àcv~loDIiJ:lL . -. . CY'"" :2)~ð MSC Go=nlAleT;) to allow gate closures Írom àusk w dawn, Íaileci Z-Z-l with Moot anà Rindone Oppo5!:d anè ?a~-¡¡;, ahsenL - ---. "..~_. ;1.i:m.!!:.S ~ov~m~ :;. 1995 - . "-2!!:: ~ .- 1>5C (Alery!E:D:"".DII) to allow SDmt facilities gua.-àtrl from àusk to dawn., appro""" 3-1-1. "~ÛJ .P.inriOD" opposed and Paãilla absent. RESOLUTIONS 18416, 18417 A.."ID 18398 OFEERED :BY CODNCILMEM:BER RlNDONE, wiÛJ the ~on of takiDg the issue of tile bondin: separm which is Item 12, ~f" u.cJ 44-1 with Paàilla anseni. 13. PUBLIC "HEA"RING ADOPTING OTAY RANCB: PRE-ANNEXATIOK DEVELOPM:::I';'T AGR:EE:ME:I\"'T wrœ VIlLAGE DEVELOPMEl'."'T - An """",ñ",..", to the à...-ve1op=t a~h=t to furti= g==t- ~ impmv=tts WÏI= the ãevc1op=r wants to = p=:cJs fur sak prior to finoii";"'); th, ñm1 subåivisionmz;¡. Tm: o",",,';"""'t also adår= future problems with tegard to any œ;,t p.Y=t tÍIa1 JIIÌ;ñt b<c ~"" to ~ pui>iÍ:: im¡>ro= or should d=vc1op=t b<c only pariialiy compl=å an any pani::ulr proj"": éut to any ~afWDrl:: espo::WIy ãæ to a bani=ptt::y a::rian. Staff" ...",,,...ñ< CmmciJ. pb_ the orñTmm- on ñm rading. (!:>t;mty City Mmmgcr, Planning Di=tar, and Otay 1ùm:h Manag:r) Continued Ïrmn the m..n..g of ll/U!96_ ORDINANCE 269J. AMENDING DTAY RANŒ 1'RE-ANNEXATION DEVELOPME!\"'T AGREEME/I."'T -=1 W.!:.t:;Ñ OI!Y IU.Næ, LP~ A CALIFORNIA. LIMIIED P.A1crNERSBIP, VII..LAGE DEVELOPME!\"'T, A CALIFOR."tiA GENERALP.ARTNERSBIP, .A..""lD'mE CITY OF CffiJLA "VISTA írm;t =-åiTI!') OP.DIKANCE 2691 OFFERED :BY COUNOLMEMBER MOOT, im:Iuàing aàñing the ÌKmñin~ ~"tI2gt to s~on ï_J., a.,!"ur.::1 3-1-1 with "Rinñn"(' opposed and PaàiIIa absent. ORAL COMMUNICATIONS · BillBrasì=, 175 Old GillctteAvc=, lIviæ, CA, '''J-',-...ring Ba1åwinBnild=, gav=an 1Ipàau: wifu ti:t S:.. ClaC Crossing ~ BOARD k1l,"'I) COMMISSION RECOMMENDATIONS N 0IIt submitI""-. ACTION ITEMS 14. RESOL"OTIOt\ 18494 DISSOLVING THE COUNCIL APPOTh"'TED Th"'TERIM BECA BOARD _ On 8/"1295, Council ~ an Int::rim3ECA Advisory Beard ~ted by 11 organÏzaricmsiinãivìàuais. T-,,= ú'b....:...rionsímãivim:a1s w:= ,,",,,,,,,,,,,",,,ò"" by s:añ to provìà, a mix of public and p!Ì\-= ""titi"" wDO art S'".zk6ojò= in th, ~o-..aI 3ECA aliianœ. YD' Board's =tnDutioCS in::Juà:o worl:ing with s:añ in th, a.-= of ::oO:''';;-~'';!'!g anà l~g:ing r=gional~, I'!T1h~.-.-i progr.am ~g,.anà proviãingt=::mi:::al aåvi~. 7""-=. fun:::i= may be b= =v"" by th: Bean! continuing to act in an aåvisory opacity to the BECA progr.un ami s:aif. FDr :;" pu.-poStS ofi::gol clariñcarian. s:aff is =mmenàing the cristing Int::rim Board, as appointed by Com:..-jJ., b<c ci:ssolv"" and tilt =' Board =D:::ship bt sc1ected by staff. Staff r.=lW=uds apprm-aJ of th, resoiu:ion. (Di.-=or of Co~· Dtvelop=t) Continutrl from the mæting of 11112/96. w,::;'j Dy'. =~.onomi= :",veJopmcntYüœger. sa.iò s:añ ==cads Coun::iJ àissolve the Cou::::;-appoin~ ~='C."_ aåvis:r:v board. with ti:t 1:Dd=tanài:Jg that staff wouid appoint a board. Cou::-il=;:nbtr Moo: suggtst::d CO"..s:itu:ing an Ad ~ Z:¿OCOm:ni= an th, BEC."- iJoa.-à anò J"'""==""" s-"':: ==-..h Ib, i= of an ad ho= sub<::Jm:ni= ..ith Coun::iJ StrVing as an =:-officio Dan-VOting m=bt:. ~ A TT ACHMENT 2C ~ l- e:: --', 0 z I - 5 I 6 I sc.w: I I I I B 7 - , lB "/2' ¡ I - I / , I - I / J - 'I IJ , , , " , , LOTNUMB£RS / , / / FILE NO. OR-131F DATE: 02/08/99 DRAWN BY: ~\ ;~ 0 TITLE: r¡ 7 /"' /0 0 T A Y RAN C H V I L LA G E 1 0'-.. NEIGHBnRHnnn R-R / / A TT ACHMENT 3 Recording Requested By: City of Chula Vista When Recorded Return to: The City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Attorney DEFERRAL AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND THIS DEFERRAL AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND (the "Agreement") is made and entered into as of this day of March, 1999, by and between Cent ex Homes, a Nevada general partnership, ("Developer") and the City of Chula Vista, a municipal corporation ("City"), with respect to the following facts: RECITALS A. Developer is owner of real properties within the Otay Ranch Spa I commonly known as Otay Neighborhoods R-3 and R-8 (the "Property") . B. Developer has previously for Otay Parcel R-3 as evidenced recorded November 19, 1998. obtained final map approval by Tract Map Number 13683 C. Developer wishes to develop certain port ions of real property within Otay Neighborhood R-8 while maintaining a deferral of development on portions of Neighborhood R-8 as more particularly described in Exhibit "A-I" attached hereto, which ownership is all currently subject to trip deferral, as well as deferring development on portions of Neighborhood R-3 as more particularly described in Exhibit "A-2" attached hereto. Such development must comply with the Otay Ranch SPA I Public Facilities Financing Plan adopted by Resolution No. 18286 as may be amended from time to time (the "PFFP"). D. The Property constitutes a portion of that certain real property commonly known as Otay Ranch, SPA 1 located within the City of Chula Vista, California, as shown on Exhibit "8" attached hereto and incorporated herein. E. The PFFP contains provisions which require the construction of certain streets and related improvements in conjunction with development of the property shown on Exhibit "8" in order to ensure adequate local and regional traffic circulation system capacity. These streets and related c1 ?~r improvements include Ranchero" Olympic Parkway from I-80S to Paseo F. Olympic Parkway between I-80S currently exists as a minimum two lane will provide adequate service until City as part of an overall freeway interchange and Brandywine Avenue roadway, which roadway can widen said portion project. G. Completion of street improvements is required by the PFFP when application is made for the building permit for the 1414th Equivalent Dwelling Unit for all properties in SPA 1 as shown on Exhibit "B" notwithstanding the actual level of traffic within the local circulation system. H. Financial assurance of the street improvements is required by the PFFP when the application is made for the final map for the 1,210'h Equivalent Dwelling Unit for all the properties in SPA 1 as shown on Exhibit "B" notwithstanding the actual level of traffic within the local circulation system. I" Developer wishes to defer construction of homes on lots 1,2,6,16-30 and 73-75 within Otay Neighborhood R-3 and lots 1- 26,45-56 and 60-61 within Otay Neighborhood R-8 (collectively, the "Deferral Property") in order to obtain final map approval of Otay Neighborhood R-8 and to construct residential developments within Otay Neighborhood R-8. NOW, THEREFORE, in consideration of the covenants, terms and conditions herein contained, and in reliance thereon, the parcies agree as follows; 1. Deferral; Covenant to Withhold Development" Developer agrees to withhold development upon, and to defer a request for any building permit with respect to any structures as to the Deferral Property more particularly described on Exhibits "A-1" and IA-2" until the City approves agreement (s) which provide financial assurances for the construction of phases 1 and 2 of Olympic Parkway thereby extending the final map threshold within the Otay Ranch to 1,800 units (the "Olympic Parkway Agreement"). 2. Termination of Covenant" Upon City's approval of the Olympic Parkway Agreement, the parties agree to execute all documents and take all other actions reasonably necessary to remove the affect of this Agreement on title to the Property" 3" Covenant Runninq with Land. It is the intention of the parties that this Agreement shall run with the Property and be binding upon the successors and assigns to the Property. The parties agree that the provisions of this Agreement touch and concern the Property" All of the provisions, agreements, rights, powers, covenants, conditions, restrictions and obligations contained in this Agreement shall be for the term set forth herein, shall be binding upon and shall inure to the benefit of the parties hereto, their respective heirs, executors, ;2 7-Î administrators, successors, grantees, assigns, devisees, representatives, lessees and all other persons acquiring the Property. It ~s expressly agreed that each covenant to do or refrain from doing the acts specified herein on the Property is for the benefit of the City and the Property and is a burden upon the Property, (ii) runs with the Property and (iii) shall benefit or be binding upon each successive owner during its ownership of the Property, or any portion thereof, and each owner having an interest therein derived in any manner through any owner of any Property or any portion thereof. 5. Recordation. This Agreement shall become effective and binding upon the parties and their respective successors-in- interest in accordance with the provisions contained herein upon recordation of this Agreement in the Office of the County Recorder of the County of San Diego, California. 6. Miscellaneous" This Agreement may be executed in counterparts, each of which, taken together, shall be deemed to be one fully executed original. All prior and contemporaneous agreements, representations, negotiations and understandings of the parties hereto, whether oral or written, are hereby superseded. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted" 7. Governinq Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 8. Notices" Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail certified or registered mail, return receipt requested, first -class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. If to City: City of Chula Vista Department of Public Works Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer ;2 7/ J(l 3 If to Centex Homes: Centex Homes 5962 La place Court, Suite 250 Carlsbad, CA 92008 Attn: Mr. Bruce N. Sloan 9. 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. 10. Recitals; Exh~bits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 11. Authoritv of Siqnatories" Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority a~d capacity and direction from its principal to enter into this Ag:::-eement, and that all resolutions and/or other actions have bee~ taken so as to enable said signatory to enter into this Agreeme~t" 12" Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or aSE'igns, and duly recorded in the Official Records of the San Diegc County Recorder's Office. 13. Preparatior: c= Aqreement" No inference, assumption or presumption shall be d:::-awn from the fact that a party or its attorney prepared and/cr drafted this Agreement. It shall be conclusively presumed tiat both parties participated equally in the preparation and/o:::- drafting of this Agreement" (NEXT PAGE IS SIGNATURE PAGE) ) 7//) 4 SIGNATURE PAGE TO DEFERRAL AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. CITY OF CHULA VISTA Mayor Attest: Beverly Authelet, City Clerk Approved as to Form: John M. Kaheny, City Attorney Centex Homes, a Nevada general partnership By: Cent ex Real Estate Corporation, a Nevada corporation, its managing General Partner By: Doug Jaeger, Division President _ c17//2 5 DEFERRAL PROPERTY V//~ DEVELOPMENT PROPERTY I I I / / I /,/;; /§ I~ LOTNUM8£RS / / / J: .... '" o z SCALE I FILE NO" OR-131F DATE: 02/08/99 DRAWN BY: JAMES p" TITLE: ..2?~ /3 OTAY RANCH VILLAGE 1 NEIGHBORHOOD R-8 Exhibit "A-2" Deferral Property Otay Neighborhood R-3, Tract Map Number 13683 Lots 1,2,6,16-30 and 73-75 ;17---/1 CJJ :- - rJ' ~ >< UJ -~ _u__~__ !II 9 ~ ~ - t:; !! !;: '" ~ - !!! ~ 11 ~ :! ~ - t:; ~ .= ~ ~ -< - c..." " en 1 ~ ~ a::: " \, >- \~. <C I- o ~ ;::; ~ ~ <0 ~ ~ - - - ~ u ~s J7~/5 RESOLUTION NO. /9t/J).. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DEFERRAL AGREEMENT WITH CENT EX HOMES CONCERNING THE DEVELOPMENT OF CERTAIN LOTS IN NEIGHBORHOODS R-3 AND R-8 OF OTAY RANCH SPA ONE, VILLAGE ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Otay Ranch SPA One Public Facilities Financing Plan (PFFP) approved by council on October 6, 1998 establishes trigger points for constructing necessary infrastructure improvements; and WHEREAS, Equivalent Dwelling the entire SPA; and the trigger points are linked to cumulative units (EDUs) approved with each final map in WHEREAS, the PFFP requires that an agreement to construct critical transportation improvements, which are fully detailed in the Olympic Parkway Financing Agreement, shall be approved before the final map for Neighborhood R-8 may be approved; and WHEREAS, this Deferral Agreement will allow the approval of the final map for R-8 to remain in compliance with the PFFP if the Olympic Parkway Financing Agreement is not approved. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve a Deferral Agreement with Centex Homes concerning the Development of certain Lots in Neighborhoods R-3 and R-8 of otay Ranch SPA One, village One, a copy of which shall be kept on file in the office of the City Clerk. BE Chula vista Agreement on IT FURTHER RESOLVED that the Mayor of the city of is hereby authorized and directed to execute said behalf of the city of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works fß-c'~èÃ~ John M" Kaheny, City Attorney H:\home\lorraine\rs\centex.def J.7d Î ....-- ..--.---.--.--..-.-.-...-. )7A Recording Requested By: City of Chula Vista When Recorded Return to: The City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Attorney DEFERRAL AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND THIS DEFERRAL AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND (the "Agreement") is made and entered into as of this day of April, 1999, by and between Centex Homes, a Nevada general partnership, ("Developer") and the City of Chula Vista, a municipal corporation ("City"), with respect to the following facts: RECITALS A. Developer is owner of real properties within the Otay Ranch Spa I commonly known as Otay Neighborhoods R-3 and R-8 (the "Property") . B. Developer has previously for Otay Parcel R-3 as evidenced recorded November 19, 1998. obtained final map approval by Tract Map Number 13683 C. Developer wishes to develop certain portions of real property within Otay Neighborhood R-8 while maintaining a deferral of development on portions of Neighborhood R-8 as more particularly described in Exhibit "A_I" attached hereto, which ownership is all currently subject to trip deferral, as well as deferring development on portions of Neighborhood R-3 as more particularly described in Exhibit "A-2" attached hereto. Such development must comply with the Otay Ranch SPA I Public Facilities Financing Plan adopted by Resolution No. 18286 as may be amended from time to time (the "PFFP"). D. The Property constitutes a portion of that certain real property commonly known as Otay Ranch, SPA 1 located within the City of Chula Vista, California, as shown on Exhibit "B" attached hereto and incorporated herein. E. The PFFP contains provisions which require the construction of certain streets and related improvements in conjunction with development of the property shown on Exhibit "B" in order to ensure adequate local and regional traffic circulation system capacity. These streets and related 1 improvements include Ranchero. Olympic Parkway from I-80S to Paseo F. Olympic Parkway between 1-805 currently exists as a minimum two lane will provide adequate service until City as part of an overall freeway interchange and Brandywine roadway, which can widen said project. Avenue roadway portion G. Completion of street improvements is required by the PFFP when application is made for the building permit for the 1414th Equivalent Dwelling Unit for all properties in SPA 1 as shown on Exhibit "B" notwithstanding the actual level of traffic within the local circulation system" H. Financial assurance of the street improvements is required by the PFFP when the application is made for the final map for the 1,210th Equivalent Dwelling Unit for all the properties in SPA 1 as shown on Exhibit "B" notwithstanding the actual level of traffic within the local circulation system" I. Developer wishes to defer construction of homes on lots 1,2,6,16-30 and 73-75 within Otay Neighborhood R-3 and lots 1- 26,45-56 and 60-61 within Otay Neighborhood R-8 (collectively, the "Deferral Property") in order to obtain final map approval of Otay Neighborhood R-8 and to construct residential developments within Otay Neighborhood R-8. NOW, THEREFORE, in consideration of the covenants, terms and conditions herein contained, and in reliance thereon, the parties agree as follows: 1. Deferral: Covenant to Withhold Development. Developer agrees to withhold development upon, and to defer a request for any building permit with respect to any structures as to the Deferral Property more particularly described on Exhibits "A-I" and "A-2" until the City approves agreement(s) which provide financial assurances for the construction of phases 1 and 2 of Olympic Parkway thereby extending the final map threshold within the Otay Ranch to 1,800 units (the "Olympic Parkway Agreement"). 2. Termination of Covenant. Upon City's approval of the Olympic Parkway Agreement, the parties agree to execute all documents and take all other actions reasonably necessary to remove the affect of this Agreement on title to the Property. 3. Covenant Runninq with Land. It is the intention of the parties that this Agreement shall run with the Property and be binding upon the successors and assigns to the Property. The parties agree that the provisions of this Agreement touch and concern the Property. All of the provisions, agreements, rights, powers, covenants, conditions, restrictions and obligations contained in this Agreement shall be for the term set forth herein, shall be binding upon and shall inure to the benefit of the parties hereto, their respective heirs, executors, 2 administrators, successors, grantees, assigns, devisees, representatives, lessees and all other persons acquiring the Property. It is expressly agreed that each covenant to do or refrain from doing the acts specified herein on the Property is for the benefit of the City and the Property and is a burden upon the Property, (ii) runs with the Property and (iii) shall benefit or be binding upon each successive owner during its ownership of the Property, or any portion thereof, and each owner having an interest therein derived in any manner through any owner of any Property or any portion thereof. 5. Recordation. This Agreement shall become effective and binding upon the parties and their respective successors-in- interest in accordance with the provisions contained herein upon recordation of this Agreement in the Office of the County Recorder of the County of San Diego, California. 6. Miscellaneous" This Agreement may be executed in counterparts, each of which, taken together, shall be deemed to be one fully executed original. All prior and contemporaneous agreements, representations, negotiations and understandings of the parties hereto, whether oral or written, are hereby superseded. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 7. GoverninG Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. 8. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered and received when personally delivered to the party to whom it is directed or, in lieu thereof, when three (3) business days have elapsed following deposit in the United States mail certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. If to City: City of Chula Vista Department of Public Works Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer 3 If to Cent ex Homes: Centex Homes 5962 La Place Court, Suite 250 Carlsbad, CA 92008 Attn: Mr. Bruce N. Sloan 9. 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. 10. Recitals: Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. 11. Authoritv of Siqnatories. Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable said signatory to enter into this Agreement. 12. Modification. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the parties hereto, their successors or assigns, and duly recorded in the Official Records of the San Diego County Recorder's Office. 13. Preparation of Aqreement. No inference, assumption or presumption shall be drawn from the fact that a party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. (NEXT PAGE IS SIGNATURE PAGE) 4 SIGNATURE PAGE TO DEFERRAL AGREEMENT AND DECLARATION OF COVENANTS RUNNING WITH THE LAND IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. CITY OF CHULA VISTA Mayor Attest: Susan Bigelow, City Clerk Approved as to Form: John M. Kaheny, City Attorney Centex Homes, a Nevada general partnership By: Centex-R~ Estate Co~ation, a N âda co'¡rporó\tion(/it$ man ging ${ General Partner By: Ronald M. 5 STATE OF CALIFORNIA ss: COUNTY OF SAN DIEGO On .ba.L'-V 1#.. , 19QQ, before me,.JU\f\ì.Çu-S. ~.¡JDfrAr''ð:ÞO~ J personallY - ~ 1\1. ~+- " appeared I personally known to me (('),... r,...,....,ro~ £8 .u(. U.I..J. t:RÇ' n;::¡F;i R nf s;:tisfaeter'"' ev':'Jcuc.c)· to be the personj.6J whose name¡'¿) is/~ subscribed to the within instrument and acknowledged to me that he/8L~/the) executed the same in his/Rer/tfl¿~Y authorized capacity (4ee+, and that by his/Rer/tìwir signature on the instrument the person~, or the entity upon behalf of which the person(~ acted, executed the instrument. WITNESS my hand ~ - - - - -~~s~~ - r 18 c.:7",d!oIk>.,' lZ17965 r ~ No1ary PublIc - ~Ju" rIu ~ san DIego County - ~ _ _ _ _My~~~l::~t STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) and official seal. Qt:YiIOJ/h-- ss: On personally ,19 ,before me, , appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public 6 DEFERRAL PROPERTY V' / / ~ DEVELOPMENT PROPERTY I , /,1;; /§ ,(;'; / LOTNUM8£RS / / / :r: >- '" o z SCALE I I I / / I FILE NO. OR-131F DATE: TITLE: 02/08/99 DRAWN BY: JAMES P. OT A Y RANCH VILLAGE 1 NEIGHBORHOOD R-8 Exhibit "A-2" Deferral Property Otay Neighborhood R-3, Tract Map Number 13683 Lots 1,2,6,16-30 and 73-75 - '" ø ~ - t; ~ "" ~ > ¡;: ~ ~ :> ~ '" - ~ - t; ~ "" ~ - CQ <I: c... en I- = ( c:..> = . <I: ~ a:: >< >- <I: LU t- o ~9 ~ø o ~ ~ - ~ - ~~ RESOLUTION NO" J9yjJ RESOLUTION APPROVING FINAL MAP OF CHULA VISTA TRACT NO"96-04, OTAY RANCH, VILLAGE ONE, NEIGHBORHOOD R-8" ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA GENERAL UTILITY AND ACCESS EASEMENTS ON SAID MAPS WITHIN SAID SUBDIVISIONS, REJECTING AN IRREVOCABLE OFFER OF DEDICATION FOR STREET AND OTHER PUBLIC PURPOSES AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS" NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 96-04 OTA Y RANCH, VILLAGE ONE SPA ONE NEIGHBORHOOD R-8, and more particularly described as follows: Lot 8 of Otay Ranch, Village One "A" Map, Chula Vista Tract No" 96-04 according to the map thereof No" 13592 in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on June 24, 1998" Area: 12"539 Acres Numbered Lots: 61 Open Space Lots: L 164 Acres No" of Lots: 73 Lettered Lots: 12 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted" BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista sixty-two (62) foot wide general utility and access easement within Lot "L" for installation of public utilities, noting that use of said general utility and general 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, said Council hereby rejects on behalf of the City of Chula V ista, the offer of dedication of the easement for street purposes and other public purposes on this map within this subdivision, noting that Section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City" BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be and she is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated" 1 ~7ß- ( . ... .------.---.-....-.--.-. BE IT FURTHER RESOLVED that City Clerk be and she 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 that certain Subdivision Improvement Agreement dated for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk, is hereby approved. Presented by Approved as to form by John p" Lippitt, Director of Public Works ~º~f~~¥(~ John . aheny, City Attorn4 H: \shared\attorney\resoor8 .drs 2 J ?tJ- ~ ~27e Recording Requested by: C:::TY 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" Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of ____ , 199_, by and between THE CITY OF CHULA VISTA, a corporation, hereinafter called "city", and CENTEX HOMES, General Partnership, 5962 La Place Court, Suite 250, California 92008 hereinafter called "Subdivider" with to the facts set forth below, which Recitals constitute this Agreement; municipal a Nevada Carlsbad, reference a part· of RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Otay Ranch, Village 1, Neighborhood R-8, CVT 96-04 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 Chula 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 1 WHEREAS, Subdivider is willina in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 18398, approved on the 19th day of November, 1996 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 98-1146 through 98-1151 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 Four Hundred Forty-One Thousand Five Hundred Eighty-Seven Dollars and No Cents ($441, 587 " 00) " NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement 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 therefor, 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 2 Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement" 4" It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such 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 Two Hundred Twenty Thousand Seven Hundred Ninety-Three Dollars and Fifty Cents ($220,793"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 Two Hundred Twenty Thousand Seven Hundred Ninety-Three Dollars and Fifty Cents ($220,793.50) 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 sixteen Thousand Four Hundred Sixty Dollars and No Cents ($16,460"00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof" 9" It is further agreed that if the Improvement Work is not 3 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. 10. It is also expressly agreed and understood by the parties hereto that in no case will the city of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, 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 until 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" 4 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. 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. (NEXT PAGE IS SIGNATURE PAGE) 5 SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT OTAY RANCH, VILLAGE 1, NEIGHBORHOOD R-8 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 CENTEX HOMES, a Nevada General partners~~__L_. .'u_~. Øt.~ RId l/IMk ~~ I "NeARDU-~' ~.Afw-f~~~ " / ". '" " I}¡~~ t . , / / "I,., :.7" '-'~"/./-,"".v/ ¡ / / .,.....</ti., f V/02. prz£:f¡{Jê/",! .~. Mayor of the City of Chula Vista ATTEST City Clerk Approved as to form by ~c~· City rney ~ (Attach Notary ACknowledgment) 6 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $220,793.50 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $220,793"50 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $16,460.00 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 H:\Home\Attorney\SIA\Villl.R-B \1 /> ¡I;Ð CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ?f...e<'~...ð<"'...c<'...ë¢-0C.cc.<'X'..&'..c<:'..c<'..c<'...<x'....c<'.c<'""ê('....c<'..c<'..(';¢..c<.'.c<'..c<'..c<'...c<'.ë<'....c<'...c<'....c<'~..ê<'..c<'.c<'..c<'....c<'..{;<'.c<'..c<'..c<'.c<-'-è<'.c<'A::x".(:;<'.c<'ò;> ~ ~ ~.. State of California } ~ r ("' ,1\ 1'""l.lM'J 55" r, @ County of .:II._ -""= " ~ ~. On-^~ '.n i I qqL, before me, .Juu¡i +u 5. ~. f-/õm 1111 Pùbl¡'c., ~ ~ per::~y app~:red ~ð rn, ß~¡,"dT.eOfOtfiœf(.:9"'J.""~"P"bli'") ~ ~ Name(,} of S),nen'} ~ ~ Âpersonally known to me ~ ~~: ~ ;...- -. -. -- J-ENN-''': s-. ~- -- ~ : . :ra. 85 t5 A'\B SF) tAe. Basis sf t'ptic:f:;u:tgry ~ I.·, ~~ ~ ~ eo'] ':',,¿.E; I) !í Commission 111207965 l) ~ ~. N01C!y Public - carJlanla f to be the person(1\' whose name~ is/ere' ~ 10 ~ San Diego Caun1y -t 11, , ~ MyCan BcpiesJa11421D3 subscribed to the within instrument and ' ~ _ _ _ _ _ _ m.:. _ _ _ .:. _ acknowledged to me that he/sRe!tR8'1 executed § IX: the same in his/he.:LI Iv;¡ authorized ~: ~. ,I) ~. capacity~, and that by his/Rer!tReir ~:;. ~, signature'...( on the instrument the personís1, or ^ ~ the entit:~pon behalf of which the person¡6j ;- $ acted, executed the instrument . I I I ~~~~I~ Þ I "-"~__,~~_~..._,_._.~~""'oo~_ I ~ oo'_~_~_~~:'::'':~",M_'__~"' ! ~ ' ~ Description of Attached Document g g Title or Type of Document: r. ~ Document Date: Number of Pages: ~ ~ k ~ h ~ Signer(s) Other Than Named Above: þ: g ~ I ;i:~:~~~~~:) Claimed by Signer ~... 8 ~ Individual ~ g 110P ·Of Ihum: ~ere ~ g Corporate Officer - Title(s): ,è. ~ CJ Partner - = Limited = General 'D ~ 0 Attorney In Fact Þ:1 ?'~ D Trustee ~ CJ GuardIan or Conservator ~ D Other" j¡ ~ ~ Signer Is Represenllng ~ ~ ~ ~ x.'g,;..~~"'Y..~~~~~~~~~~~~'Ç(..~~~~"ÇV~"Ç(;.~~~~~~~"g.,~~....;;v~~'C;X;.~~'Ç.o(;..~"Ç<.;.~~ © 1997 Naliol13l Notary Association' 9350 De SOIa A'Æ.. P_O. Box 2402 . Chats worth. C,", 91313-2402 Prod No 5907 Reorder: Call Toll-Free 1-800-876-6827 RESOLUTION NO" )9iJ! RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 96-04, OTAY RANCH SPA ONE VILLAGE ONE, NEIGHBORHOOD R-8 REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NUMBER 18398 AND AUTHORIZING MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developer has executed a Supplemental Subdivision Improvement Agreement in order to satisfy remaining Tentative Map conditions of approval of Chula vista Tract 96-04; and WHEREAS, developer has agreed, unless otherwise conditioned, to comply with all unfulfilled conditions of approval of the Otay Ranch SPA One, village One, Neighborhood R-8 Tentative Map approved by Resolution No 18398 approved by Council on November 19, 1996. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Tract No. 96-04, OtayRanch SPA One Village One, Neighborhood R-8, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works (f~ <;~ h h . ~ Jo n M. Ka eny, C1ty Attorney H: \home\attorney\reso\ssia. 964 J7C--j 27e- April 8, 1999 RECORDING REQUEST BY: ) ) City Clerk ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 9191.0 ) ) 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 FINAL "B" MAP OF VILLAGE ONE OF THE OTA Y RANCH PROJECT, NEIGHBORHOOD R-8 (Conditions: 1, 3, 4, 5, 8, 9, 10, 11,21, 22, 27, 39, 44 and 123 of Resolution No. 18398) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of April, 1999, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property")" The Property is part of the Otay Ranch, Village One SPA One, a master planned development. For purposes of this Agreement the tenn "project" shall also mean "Property"" Developer has applied for final maps for the Property, more specifically known as Neighborhood R-8" 1 < , B" Otay Ranch LP" conveyed title of the Project area to South Bay Project, LLC, a Delaware limited liability company on August 26,1997, which in turn conveyed the Property, except for SPA One Planning Area R-20, to Otay Project LLC, ("Otay Project"), a venture jointly owned by South Bay Project, LLC, a Delaware limited liability company and Otay Ranch Development, LLC, a Delaware limited liability company; and Otay Project sold SPA One Planning Area R-l to UDC Homes, DME/ AEW Land Holdings Two LLC, which conveyed to Shea Land Holdings, LLC, an Arizona limited liability company, (Shea Homes); and 0tay Project sold SPA One Planning Area R-2 to Standard Pacific Corp., a Delaware corporation on January 2,1998; and 0tay Project sold SPA One Planning Area R-3 to Centex Homes, a Nevada general partnership on January 2, 1998; and Otay Project sold SPA One Planning Area R-4 to DMB/AEW Land Holdings Two LLC, which conveyed to Shea Homes (Shea Homes); and Otay Project sold SPA One Planning Area R-5 to Standard Pacific Corp., a Delaware corporation on January 2, 1998; and Otay Project sold SPA One Planning Area R-8 to Centex Homes, a Nevada general partnership on April 7,1998; and Otay Project sold SPA One Planning Area R-6 to Trimark Pacific-LXX, LLC, a California limited liability company on July 9,1998; and Otay Project sold SPA One Planning Area R-7 which conveyed to Shea Homes (Shea Homes); and Otay Project sold SPA One Planning Area R-9 to PHI Otay Ranch Associates LLC, a Delaware limited liability company on June 26, 1998; and Otay Project sold SPA One Planning Area R-14 to PHI Otay Ranch Associates LLC, a Delaware limited liability company on June 26, 1998; and Otay Project sold SPA One Planning Area R-IO to DMB/AEW Land Holding Two LLC, which conveyed to Shea Homes (Shea Homes); and Otay Project sold SPA One Planning Area R-12 to Centex Homes, a Nevada general 2 partnership on July I, 1998; and . Otay Project sold SPA One Planning Area R-13 to Centex Homes, a Nevada general partnership in July I, 1998. C. Whereas Otay Project, L.L.C. is the master developer who has obligated itself to construct public improvements under the terms of the Tentative Subdivision Map and the Re-stated and Amended Pre-Annexation Development Agreement, (Ordinance No. 2695) D" Developer and/or Developer's predecessor in interest has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 96-04 ("Tentative Subdivision Map") by Resolution No" 18398 ("Resolution") for the subdivision of the Property subject to certain conditions as more particularly described in the Resolutions" The conditions are attached hereto as Schedule" I "" E" City is willing, on the premises, security, terms and conditions herein contained to approve final map of the property known as Neighborhood R-8, as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subject to the same security, terms and conditions contained herein" F. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a" For purposes of this Agreement, "Final Map" means the final map for Neighborhood R-8 ofOtay Ranch Village One, SPA One" b" "commencing construction" means when a construction permit or other such approval has been obtained ITom the City or a construction contract has been awarded for the improvement, whichever occurs first. c. "complete construction" means when construction on said improvement has been completed and the City accepts the improvement. d. "Developer" means Otay Project, L.L.c. and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement including: i.) Otay Project, L.L.c. ii.) Centex Homes 3 e" "guest builder" means those entities obtaining any interest in the Property or a portion of the Property, after the Final Map has been recorded" f" "PFFP" means the SPA I Public Facilities Finance Plan adopted by Resolution No. 18286 as may be amended from time to time" g. "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" h" ""A" Map Agreement" means the Supplemental Subdivision Improvement Agreement for the Village One "A" Map adopted by Resolution No" 19044" i. "First Final "B" Map Agreement" means the Supplemental Improvement Agreement for the Village One Neighborhood R-3 Map adopted by Resolution No" 19212. j" "Second Final "B" Map Agreement" means the Supplemental Improvement Agreement for the Village One Neighborhoods R-I, R-2, R-4 and R-5 Map adopted by Resolution No" 19235. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below" 1. Performance Obligation. Otay Project, LLC, signator to this Agreement, represents to the City that it is acting as the master developer for this Project and expressly assumes performance of the obligations set forth in paragraphs 7,8, lOa, lOb, 11 and 12 of this Agreement Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land" The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or 4 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 such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i" The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii" The conveyance of a lot to a Homeowner's Association" 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. 5 Notwithstanding the foregoing, i) at the close of an individual bomeowner'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. 3. Condition No.l- (General Preliminary)" In satisfaction of Condition No" I of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Finance Plan ("PFFP"), Ranch Wide Affordable Housing Plan, SPA One Affordable Housing Plan, and the Non-Renewable Energy . Conservation Plan, as may be amended from time to time, and shaII remain in compliance with and implement the terms, conditions and provisions of said documents" 4. Condition No.3 - (General Preliminary). In satisfaction of Condition No" 3 of the Resolution, Developer agrees that if any of the terms, covenants or conditions contained within the Resolution shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to deny the issuance of building permits for the Project, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation" The applicant shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City within a reasonable period of time. 5. Condition No.4 - (General Preliminary) In satisfaction of Condition No" 4 of the Resolution, a,) Otay Project, LLC agrees to indemnifY, protect, defend and hold the City harmless :from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report for the Project; and b,) Developer agrees to indemnifY, protect, defend and hold the City hannless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to any and 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 hereby agrees, that Developer shall comply with all the applicable SPA conditions of approval" 7. Condition Nos. 8, 9, 10 and 11 - (Conveyance Obligation). In partial satisfaction of Condition Nos" 8, 9,10, and 11, the Developer agrees as follows: a. The Developer provided the City with Irrevocable Grant of Fee Title, of 266"6 acres of real property in accordance with the RMP 2, a portion of which (14"90 acres) is intended to satisfy the particular acreage conveyance obligation of the Final Map at a rate of 1" 188 acres of conveyance per acre of area within the Final Map, as of the date of this Agreement. But such 6 obligation may be subject to change in accordance with paragraph "7 "c""" Any remaining amount shall be credited towards any future map obligations" A summary of the conveyance and a copy of the Irrevocable Grant of Fee Title are attached as Exhibit "B" of this agreement The original Irrevocable Grant of Fee Title shall be recorded concurrently with this Agreement. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager" Should the Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision" c. That Devdoper shall convey additional real property if necessary in order to comply with the conveyance formula described in RMP 2, as may be amended by City" Developer acknowledges that the amended RMP 2 may contain a conveyance formula greater than I" 188 acres per developable acre" d. That all land to be conveyed as described above shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2" Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego" e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future final maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the "A" Map" 8. Condition No. 21 and 22 - Street and Public Improvements. In partial satisfaction of Condition Nos" 21 and 22 of the Resolution, the Developer agrees as follows: 8.a Improvement Work. Developer agrees to construct the street improvements and land development work in and adjoining said subdivision and as shown on the Drawings set forth on Exhibits "C" ("Street and Public Improvements"), at its own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to 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 by this reference are incorporated herein and made a part hereof. Developer shall complete construction of the Street Improvements on or before the earlier of the second anniversary date of Council approval of this Agreement or, if prior to Council approval of this agreement, a construction permit was issued for any portion of said Street Improvement, then construction on that portion for which a permit was issued shall be completed on or before the second anniversary date of issuance of said permit. It is expressly understood and 7 agreed to by Developer that, in the performance of construction of said Street Improvements" Developer shall 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. S.b. Bonding. i. Developer agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "C", which security shall guarantee the faithful performance in connection with the installation of the Street Improvements as shown on Exhibit "C"" ii" Developer agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sums as set forth on Exhibit "C" to secure the payment of material and labor in connection with the installation of said Street Improvements, which security is shown on Exhibit "C"" iii" Developer acknowledges and agrees that if the Street Improvements are not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Street Improvements in accordance with those approved plans and specifications contained on Exhibit "C", or at the option of the City, for those improvements shown on Exhibit "c" that are less than, but not greater to, the sums provided by said improvement securities" 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 the Developer or its successors in interest, pursuant to the terms of the improvement security" Developer agrees to pay to the City any difference between the total costs incurred to perform the work, including limited and reasonable design and administration of construction in substantial confor- mance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security" S.C. Developer's Costs and Expenses. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall the City or the City's officer, sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor. S.d. Plan Check fees and Additional Costs. It is further understood and agreed by 8 Developer that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Street Improvements plans and installation of Street Improvements described above, as required by City and approved by the City Engineer shall be paid by Developer, and that Developer shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 8.e. Maintenance Costs. Developer understands and agrees that until such time as all of the Street Improvements as covered by any particular bond are fully completed and accepted by City, Developer shall be responsible for the care, maintenance of, and any damage to, such streets and any alleys, easements, water and sewer lines. It is further understood and agreed that Developer shall guarantee all of the Street 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 Developer, its agents or employees in the performance of this Agreement, and that upon acceptance of the work by City, Developer shall grantto 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" 8.f. Indemnification. Developer further understands and agrees that City, (as "Indemnitee") or any officer or employee thereof, shall not be liable for any bodily injury, death, or property damage, including thereto hazardous materials and property takings claims occasioned by reason of the acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee (which are not the result of Indemnitee's sole negligence or willful misconduct), related to the construction of the Street Improvements. Developer further agrees to defend, indemnify, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, costs and expense (including, without limitation, reasonable attorney's fees) or loss for bodily injury, death or property damages, including thereto hazardous materials and property takings claims because of or arising out of Developer's construction of the Street Improvements or the acts or omissions of Developer, its subcontractors or suppliers, its agents or employees, or Indemnitee, related thereto; provided, however, that Developer shall have no obligation to indemnifY, defend, protect or hold Indemnitee harmless from any such losses, claims, demands, causes of action, liability, damages, costs or expenses which arise out of the sole negligence or willful misconduct of the Indemnitee or any officer or emp]oyee thereof. Developer further agrees to defend, indemnifY, protect and hold the Indemnitee, its officers and employees, harmless from any and all claims, demands, causes of action, liability, cost and expense (including without limitation, reasonab]e attorney's fees) made or incurred by such third parties pursuant to or arising out of contracts entered into by third parties with or on behalf of Developer or its successors, assigns or agents concerning construction of the Street Improvements; provided, however, that Developer shall have no obligation to indemnifY, defend or hold Indemnitee harmless from any such losses, claims, demands, damages, causes of action, liability, costs and expenses to the extent that they have arisen due to the sole negligence or willful misconduct of Indemnitee" The improvement securities referred to above shall not cover the provisions of this 9 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 construction of the Street 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 construction of the Street Improvements" The approval of plans for the Street Improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for said work and related improvements. 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 Street Improvements. 9. Condition No. 27 - (Street Trees). Otay Project, LLC, acting as the master developer for this Project, expressly assumes the overall responsibility for Condition No" 27" Additionally, Developer assumes specific responsibility for Condition No. 27 for its particular neighborhood as follows: In partial satisfaction of Condition No" 27 of the Resolution, Developer, upon request of the Director of Planning and Building, shall plant within all street parkways trees which have been selected from the revised list of appropriate tree species described in the Village Design Plan which shall be approved by the Directors of Planning and Building and Public Works" The applicant shall provide root control methods per the requirements of the Director of Planning and Building and a deep watering irrigation system for the trees. An irrigation system shall be provided from each individual lot to the adjacent parkway" Developer shall obtain approval from the Director of Planning and Building and the City Engineer of a separate street tree improvement plan which includes the final selection of trees, the location of trees within the parkway, and in relation to water laterals, sewer laterals, dry utilities, driveways, inlets and pedestrian ramps, within thirty (30) days of the approval of the Final Map" Developer understands that the City may withhold the issuance of building permits within the Final Map if the street tree improvement plan is not approved within said thirty (30) day period" 10. Condition No. 39 - (Street Dedication). In partial satisfaction of Condition No" 39 of the Resolution, the Developer: a. Shall construct private paseo improvements, within the the 60 foot easement for street right-of-way and other public purposes and identified as "future Santa Madera Avenue" on the Final Maps for Neighborhood R-8 and R-9 (the "Easement"), in accordance with private landscape plans approved by the Director of Planning and Building" Said improvements shall be complete no later than six months from the date of approval of this Agreement by the City CounciL i. Developer agrees to construct private paseo improvements in the Easement at their own expense, without any cost to the City, in a good and workmanlike manner, under the 10 direction and to the satisfaction and approval of the City Engineer. Developer further agrees to furnish the necessary materials therefore, all in strict confonnity and in accordance with plans and specifications, which are to be filed in the Office of the City Engineer" It is expressly understood and agreed to by Developer that, in the performance of construction of said private paseo Improvements, Developer shall 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; and ii" Developer agrees to furnish and deliver to the City of Chula Vista, simultaneously with execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of One Hundred Eighty Six Thousand Dollars and no cents ($186,000.00) which security shall guarantee the faithful performance and material and labor in connection with the instaIlation of the private paseo improvements within the Easement b. Shall, within one year of the approval of the Final Map, cause at their own expense to be completed a traffic study by a qualified professional traffic engineer to determine the need, if any, for vehicular access by means of the Easement Such study shall be submitted to the City Engineer for approval" Should the City Engineer determine that vehicular access is needed: i. Developer agrees to construct private paseo improvements in the Easement at their own expense, without any cost to the City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer. Developer further agrees to furnish the necessary materials therefore, all in strict confonnity and in accordance with plans and specifications, which are to be filed in the Office of the City Engineer. It is expressly understood and agreed to by Developer that, in the performance of construction of said private paseo Improvements, Developer shall 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; and ii. Developer agrees to furnish and deliver to the City of Chula Vista, simultaneously with execution of this Agreement, and to thereafter maintain until City acceptance of the work referenced herein, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of One Hundred Eighty Six Thousand Dollars and no cents ($186,000"00), which security shall guarantee the faithful performance and material and labor in connection with the installation of the private paseo improvements within the Easement" c. Shall, simultaneously with the execution of this Agreement, submit for approval by the City Engineer and Director of Building and Planning, a notice of disclosure to future property owners of Lots 1 through 6 in Neighborhood R8 stating that the Easement may be dedicated and improved as a public street at some future time" 11. Condition No. 44 - (fraffic Circles). In partial satisfaction of Condition No" 44 11 of the Resolution, the Developer shall, within twenty (20) days of the approval oftbe Final Map, submit for approval by the Director of Building and Planning and the City Engineer a final conceptual design and striping, signage and landscape plans for the traffic circle at the intersection of Santa Lucia and Santa Madera" 12. Condition No. 123 - (Cul-de-Sac Access). In partial satisfaction of Condition No, 123 of the Resolution, the Developer shall, within forty-five (45) days of the approval of the Final Map, submit for approval by the Director of Building and Planning and the City Engineer" a comprehensive Master Plan of Pedestrian Access Facilities that conforms to the Village Design Plan and that indicates the type of access, either fully accessible handicap access (ramp) or stairway (steps), required at each of the cul-de-sacs listed in Exhibit "D"" The Master Plan shall provide complete construction details for the access facilities and shall also indicate the adjacent landscaping, and the existing or approved improvements by reference to City of Chula Vista drawings" 13. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions: 1,2,3,4 and 5 of the Resolution and partial satisfaction of Condition Nos, 8, 9, 10, 11,21,22,27,39,44, and 123" 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" 14. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein, 15. Previous Agreements" The Developer acknowledges that nothing in this Agreement shall supersede, nullifY or otherwise negatively impact the terms of the "A" Map Agreement or the First or the Second Final "B" Map Agreements, unless specifically noted herein, This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement, the First Final "B" Map Agreement, the Second Final "B" Map Agreement and of the Tentative Map 96-04 conditions applicable specifically to the Final Map for the Property" 16. Recording" This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map" 17. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire SPA One project area, should the Developer be determined by the City to be in breach of any of the terms of this Agreement The City shall provide the Developer of notice of such determination and allow the Developer reasonable 12 time to cure said breach" Developer further acknowledges and agrees that the City may withhold building pennits 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. 18. Miscellaneous" a. Notices" Unless otherwise provided in this Agreement or by law, any and all notices required or pennitted by this Agreement or by law to be served on or delivered to either party shall be in writing 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: Director of Public Works Otay Project, LLC 350 West Ash Street, Suite 730 San Diego, CA 92101 Attn: Kim John Kilkenny Fax (619)234-4088 South Bay Project, LLC 191 West Wilbur Road, Suite 102 Thousand Oaks, CA 91360 Attn: David Green Fax (805) 379-4472 Centex Homes 5962 La Place Court, Suite 250 Carlsbad, CA 92008 Attn.: Bruce Sloan 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" 13 b. Captions" Captions in this Agreement are inserted for convenience of reference and do not defme, 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. Ibis Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted" d. Preparation of Agreement" No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement e. Recitals; Exhibits" Any recitals and exhibits set forth above are incorporated by reference into this Agreement. f. Attorneys' Fees" If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred" The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] H :\SharedlAttomey\OR614" WPD 14 PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-8 OF THE OTAY RANCH, VILLAGE ONE SPA ONE] CITY OF CHULA VISTA Mayor of the City ofChula Vista Attest: Susan Bigelow City Clerk Approved as to Form: John M" Kaheny City Attorney DATED: ,1999 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 15 APR, 5" '999 i: 24PM THE om RANCH co NO, 0546 '~" 2 fJ'AGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT NEIGHBORHOOD R-8 OF THE OTAY RANCH, VILLAGE ONE SPA ONE] DEVELOPER: OTA Y PROJECT ,lLC, a Delaware limited liability company By: Otay Ranch Development; LLC, a Dela", L"' Liability Company Date:@DI¡ Its: CENTEX HOMES, a Nevada Genc:rat Partnership By: Centex Real Estate Corporation, a Nevada Corporation Its Managing General Panner By: Date: Its: DATED: , I (ATTACH NOTARY ACKNOWLEDGMENTS) 16 CENT EX HOMES C^R~SB^D 'iiir 760 ',31 5511 0',/08/99 1',:29 B :02 NO:10', ¡PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDTV1SION IMPROVEMENT AGREEMENT NEIGHBORHOOD R·B OF THE OT A Y RANCH, VILLAGE ONE SPA ONE] DEVELOPER: OT A Y PROJECT,LLC, a Delaware limited liability company By: Otay Ranch Devclopment, LLC, a Delaware Limited Liability CDmpany By: DIdc: : Its: CENTEX HOMES, a Nevada Gcneral Partncrsbip By: Ccntcx ReaJ Estate Corporation, a NCVBda Corporation Bl~ -~ Its:~ rt!E: P!lt;"""""3'fY;.14I r DATED: ,1 (A TT ACD NOTARY ACKNOWLEDGMENTS) 16 CENTEX"HOMES CARLSBAD 'iiì 760 431 5511 04/08/99 14:29 B :03 NO: 104 CALIFORNIA ALL.pURPOSE ACKNOWLEDGMENT .~ð.."£!;t:&f.:~~.~"'(:lw~!v~~--r.&'r....çf-Ç(,'.ÇfX;<X.-<:~<:I;£r¡<::.çr;¡Ç('c('¢.f.i<:.I",,'<:<.t~,çr,ç\,çr,çr;ç(:,~!::f:~X:!:'.¡Q'V, Slate of California County of ~ ~_ __ } 55. On~'9' ,beforeme,~, L(Q personally appeared ~~~-'~..-- ..... Jo ~.) øI £Vr-1.¡ ~ personally known to me L.I JII",..ad t\., In"" __., 1.1.'1:1 bavl... ..A __1' z~_+,...~ .oJl.oc Ji:i.- =s~-I I. Notary Public: . Cdlr..,iIo) t _ _ _ _..,:-~·~~~I 10 be the person" whose nalTllll4 i~ subscribed to the within instrument and acknowledged 10 me thatl1e/rllr'\I'I8,' executed the same In hial.....:1I .9:' authorized capacity~, and that by his/lo.arJth_ir signatureilf on 1he instrument the person~, or Ihe entity upon behalf of which the person'" acted, eKeculsd the Instrument P*- NoIIIry &..I AbcMo ~~ OPTIONAL T/rouøII the _ beIo.. is "'" ""1_ by fe.., H may pm"" II1II_ 10 person_ "'lying an the document end could ",..,.m _m -.f end _/hI""""'n, of this fann 10 e""'her document" o..crlptlon of Att.ec:h.d Docum.nt T~le or Type of Document: Document Date: ""u Number of Psg"": Signer(s) Other Than Named Aboue: _""_ C.paclty(I..) CI.I....d by 8lgn.r Signer'. Name: "' o Indiuiduel .J Corparate OfI',cer - TIIle(.): :l Partner - U Lomite<! ["1 General [J Àllorney In F aot U Trustaø I 1 Guardien or Conservator LJ Olhar: Top 01 tt,tJ'nt) twe Signer I. Representing: ~~~~'C.L"'CÀ.X"...t,"n(.....-:'.t~'q".~~.lv~~~T~.Ür..c:..."Ç.(,.'q,.'C..,~'~{~.),~.c ..,' C 1997 Híriiunel NoIery "..,....JIItIm '9JSODèSoløflt.v...Pc) Øn~ 2402- ~\.CA ø,31]·2402 PracI. No. 5007 ~ C.-TaII·Free 1-11OO-ð7\'i.{lK:n List ofExhibits Exhibit A Legal Description of Property Exhibit B Irrevocable Grants of Fee Title to preserve parcels and conveyance summary Exhibit C Street and Public Land Development Improvements Exhibit D Cul-de-Sac Pedestrian Access Locations 17 EXHIBIT "A" DESCRIPTIONS OF PROPERTY OF FINAL MAPS FOR NEIGHBORHOOD R-8 LOT 8 OF OTAYRANCH, VILLAGE 1 "A" MAP, CHULA VISTA TRACT NO" 96-04, ACCORDING TO MAP THEREOF NO. 13592 FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 24, 1998 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA EXHIBIT "B" Preserve Conveyance Irrevocable Grants of Fee Title .....d................."......,......... ."........",... ....y..................................... ..................... ;.;.;.;-;...;.;.,-;.;.;-;-;-,-:.:.;.;.;.;.;.;.:.,.;.;.;.;.:.;.;.;.;.;.;.;.;.;.;.:.;.;. ;.:.........;..:....,......':.;.:.;.:.-.-. ',I,··,r"·~".,·."'.·."'"·."'"··"~";"·'"""·.·"æ."'.·.·";"¡ro¡.",".....".,"..,.."'"JA",","....","·..,i"...."""·.","·."."·"··"..·."'.·."""·."..'".,"·...~..'"ßE.·.".,..,..,.'.."..,',., i;;; ~. ~~..t;!!l: :::~:::;:::::;:;::~:;:::;:::::;::;::;;::.......;........,. 14.896 EXHIBIT "c" STREET and PUBLIC LAND DEVELOPMENT IMPROVEMENTS CHULA VISTA TRACT NO" 96-04 VILLAGE ONE, SPA ONE Phase IB and 4 Grading and $4,550,000 3SM913 1/15/99 98-809 Drainage 78600 to 98-852 Phase I B and 4 Landscape and $2,459,690 3SN9166 1/15/99 98-1212 Irrigation 2300 to 98-1273 East Palomar St.: $1,754,637 3SM915 3/4/99 98-686 Street Improvements 7900 to 98-699 East Palomar St": $1,665,532 3SM917 Pending 98-904 Landscape Improvements 05300 to 98- 914G Santa Alicia A venue: Backbone $384,564 3SM917 Pending 98-1291 Improvements ]7900 to 98-1296 Santa Lucia/Santa Madera $665.205 3SM916 1/2 1/99 98-660 Avenue: 41600 to Backbone 1m rovements 98-666 EXHIBIT "D" Cul-de-Sac Pedestrian Access Master Plan Locations Otay Ranch, Village One LOCATION CONDI'I10N Stanislaus Dr. at East Palomar Ramp Amador St. at East Palomar Steps Cordelia St. at East Palomar Ramp Live Oak St. at East Palomar SteDS Marion Ct. at East Palomar Steps Clovis Ct. at East Palomar Steps Larkspur Ct. at East Palomar Ramp Milbrae Ct. at East Palomar Steps Mayfield Ct. at East Palomar Steps Amador St. at Santa Lucia Rd" Ramp Rutherford St. at Monarche Dr" Ramp Ridge noint ct. at Monarche Dr. Ramn Calisto!!a Ave" at Paseo Ramn St. Helena Ave" at Paseo Ramp Sereno Ave. at Paseo Ramp Antioch Ave at Paseo Ramp Coalinga Ct. at East Palomar Ramp W oodville Ave" at East Palomar Steps T " ,+. ð."p ~t¡:;~ot Item Meeting Date 4/13/99 ;.?' COUNCIL AGENDA STATEMENT ITEM TITLE: A) Resolution /9fJ; Approving Final Maps of Chula Vista Tract No"96-04, Otay Ranch, Village One, for Neighborhoods R-6, R-9 and R-14" Accepting on Behalf of the City of Chula Vista General Utility and Access Easements, and Wall Easements Granted on said maps within said Subdivisions, rejecting an Offer of Dedication for street and other public purposes and approving the Subdivision Improvement Agreements for the completion of improvements required by said subdivisions, and authorizing the Mayor to Execute Said Agreements" B) Resolution!? i¿fving the Supplemental Subdivision Improvement Agreements for Tract No" 96-04, Otay Ranch Village One, Neighborhoods R- 6, R-9 and R-14, respectively, requiring Developer to comply with certain unfulfilled conditions of Resolution Number 18398 and authorizing the Mayor to Execute Said Agreemen:.' / SUBMITTED BY: Director of Public Works If~ REVIEWED BY: City Manager (, '1 (4/5ths Vote: Yes_NoX) __. 'li~ f~' ' The tentative map for Otay Ranch, Village One and a portion of Village Five (CVT 96-04) was approved by the Council on November 19, 1996" The Council will consider the approval of three Final "B" Maps within Village One, together with the associated agreements for the "B" Maps" Prior to the approval of these Resolutions, however, the Agreement for the Financing and Construction of Olympic Parkway Phase I, which is also on this evening's agenda, should be approved" BOARDS/COMMISSIONS RECOMMENDATION: Not applicable" RECOMMENDATION: That Council approve the Resolutions: A) approving the Final "B" Map and the "B" Map Subdivision Improvement Agreements; and B) the Supplemental Subdivision Improvement Agreements associated with these Final "B" Maps for Village One of the Otay Ranch Project. DISCUSSION: On November 19, 1996, by Resolution No" 18398, the City Council approved a portion of the Tentative Subdivision Map for Chula Vista Tract 96-04, Otay Ranch SPA One including all of Otay Ranch Village One" On June 16, 1998, the City Council approved the Otay Ranch Village One "A" Map by Resolution 19043 and the Supplemental Subdivision Improvement Agreement for that map by Resolution 19044 ("A" Map Agreement)" The Final "A" Map created "superblock" lots 12, 16 and 19 corresponding to Tentative Map Neighborhoods R-6, R-9 and R-14" These neighborhoods are generally located north and south of East Palomar Street between the Village One pedestrian paseo and the McMillin Otay Ranch Project. The three maps total 290 dwelling units" These neighborhoods are the third set of "B" Maps within Village One, SPA One" The Owner/Builders of Neighborhoods R-6, Trimark-Pacific Homes; R-9 and R-14, Presley Homes have executed Subdivision Improvement Agreements and have provided bonds to guarantee the construction of the public improvements within these neighborhoods" Supplemental Subdivision Improvement Agreements have been executed by each of the owners and Otay Project, LLC., the Master Developer of Otay c2g---- / Item Meeting Date 4/13/99 Ranch, Village One" The supplemental agreements cover off-site improvements within the adjacent public streets and those public improvements identified in the Public Facility Finance Plan that are triggered by the approval of these final maps" The final maps for these subdivisions have been reviewed by the Public Works and Planning Departments and found to be in substantial conformance with the approved Tentative Map" Approval of the maps and associated agreements constitutes acceptance by the City of all assignable and irrevocable general access and utility easements and wall easements granted thereon" A 30-foot easement for public street purposes is offered for dedication within Neighborhood R-9" This easement is required by the Tentative Map conditions to provide for a street connection to East Palomar within the area of the current paseo, if needed in the future" There are no parks or open space lots offered for dedication within the subdivisions" The Developer has secured its share of the development portion of the Park Acquisition and Development (PAD) fees for SPA One neighborhood and community parks" The Developer has previously submitted an Irrevocable Offer of Dedication of Fee Interest for its portion of the land acquisition obligation for community parks with the approval of the first final "B" Map in Village One (Neighborhood R-3, approved 10/6/98, Resolution No" 19210)" The Telegraph Canyon Drainage Basin DIF in the amount of $256,314"09 has been paid" The Developer has bonded for and agrees to complete all on and off-site street improvements required for the approval of these "B" Maps within two years following map approval, or sooner if construction permits for the required improvements have been issued. All other applicable tentative map conditions have been met. The conditions of approval of Resolution No" 18398 (Tentative Subdivision Tract No" 96-04) that are satisfied by the Supplemental Subdivision Improvement Agreements (SSIA) are as follows: Nos" I, 3,4,5,8,9, 10, 11,21,22,27,39,44 and 123" The complete list of conditions of approval are included as Schedule I of the SSIAs which is included as an attachment to the SSIA Resolution" None of the provisions of the SSIAs included therein are considered to be significant changes from the tentative map conditions" FISCAL IMPACT: None to the City" Developer and/or builder has paid all costs associated with the proposed "B" Maps and all Agreements associated therewith" Attachments: L Minutes of 11/19/96 (Resolution No" 18398) 2" Plats-Chula Vista Tract 96-04, Otay Ranch SPA One, Village 1, Neighborhood R-6, R-9 and R-14 H:IHOMEIENGINEERIAGENDAIOR-B_MAP"DRS (W) DRS/drs File No" 0600-S0-0R129F-130F-136F ;25~2 Minutes l'ov~mœr 19, 1996 P2.g~ 4 ATTACHMENT 1 EXCERPT .-. competitiveness, b=use it is soIœtÍmes not enough to maintain the rate if everybody else lowers theirs. TlIer~ is a risk of losing businesses because it suddenly becomes cheaper to move next door. Counci1member Rindone stated whether the business license is maintained, raised or lowered, the current =ario limits the Council in realistic options. He requested bringing back the master fee schedule for 1998 to reflect the proposed rates of 1992, which is the fim year it was abated. He requested staff not only consider the abatement next Year, but to consider revamping so if thereis an adjustment and a significant business up-turn, there is an option for Council to reflect it in a modest rate adjustment RESOLUTION 18501 OFFERED BY COUNCILMEMBER RINDO)l,'E, reading of the ten was waived, title read, passed and approved Iman;m~usly. 10. PUBLIC HEARING ZAV-96-U; APPEAL FROM PLANNING COMMISSION DENIAL OF A REQUEST FOR A VARIANCE TO :INCREASE THE HEIGHT OF A ROOFTOP SIGN FROM 35 FEET TO 42 FEET FOR THE COMMERCIAL BUILD:lNG LOCATED AT 396 "E" STREET :IN THE C-T THOROUGHFARE COMMERCIAL ZONE - MARTIN ALTBAUM - This is an appeal from the Planning Commission's decia! of a request for a variance to allow the construction of a rooftop sign to 42 feet in height for th~ commercial building located at 396 "E. Street, within the C-T Thoroughfare Commercial zone. The C-T ZOne limits the height of rooftop signs to 35 feet above grade. At the reouest of the aDDlicant. staff recommends that the public heari~ be continued to the meeti~ of UII0196. (Director of Planning) MSC (HortonlAlevy) to continue to the meeting of U/I0/96, approved ~-1 with RindoDe abstaining. lLA. RESOLUTION 18416 APPROVING A RESOURCE CONVEYANCE AGREEMENT FOR THE OTAY RANCH SPA ONE, TRACT 96-04 - (This is a related item. but does not reouire a Dub1ic hearill!') B. RESOLUTION 18417 APPROVING AN INDEMNIFICATION AGREEMEJI.'T WITH VILLAGE DEVELOPMENT FOR TRACT 9~ - (This is a related item. but does not reouire a Dublic heari~) C. PUBLIC HEARING PeS 9~: CONSIDERATION OF A REVISED TENTATIVE SUBDIVISION MAP FOR THE OTAY RANCH SPA ONE, TRACT 96-()4 GENERALLY LOCATED SOUTH OF TELEGRAPH CANYON ROAD BETWEEN PASEO RANCHERO AND THE }UlURE SR-US ALIGNMENT AND EXCLUD:lNG 288 ACRES:IN ASSESSOR PARCEL NUMBER (APN) 642-060-U AND A PORTION OF API\' 642-{)80-U- Adopt a S=d Addendum to FEIR 95-{)1 and recertify FEIR 95-{)1 and the FIISt Addendum for the Otay Ranch SPA One and Tentative Subdivision Map for Village One and Phase I-A of Village Five of the Otay Ranch SPA One, Chula Vista Tr.u:t 96-04. in accordance with the findings and subject to the conåitions contained in the å¡¡¡ft resolution. Staff recommends approval of the resolutions. (Otay Ranch Manager) Continued from the mæting of U/U/96. ~ D. RESOLUTION 18398 ADOPTING THE SECOND ADDENDUM TO AND CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT FEIR 95-01 (SCH #950210U) AND FIRST ADDENDUM READOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND THE MITIGATION MOJI/rrORING AND REPORTING PROGRAM FOR THE FEIR AND APPROVING A REVISED TE)I,'TATIVE SUBDIVISION MAP FOR PORTIONS OF THE OTAY RANCH SPA ONE, CHULA VISTA TRACT 96-04, AI\;1) MAKING THE NECESSARY FINDINGS AND CONTlNUJNG ALTERNATIVE TENTATIVE MAP PROPOSALS Jerry hmriska, Otay Ranch Special Projec:s Manager, gave a presentation regaråing the Otay Ranch development. Councilmemœr Rindone asked why was Section 7.1 of the agreement changed to reflect the B Map level, as it was / not recommended for any other developer. ;2 g- ~ J Minut<:s Novemœr 19, 1996 ~. ?~g: 5 .~ km Moore, Acting City Attorney, said that condition of the development agreement was tied to tbe conåirions of the tentative map approval, such as Condition 108, whicb works hand in hand with one another" Bonåing is required when the improvements are triggered by the PFFP. Mr. Jamriska stated the improvement phasing schedule required to be submitted will identify all of the backbone fa.."Ùities, and before the City Engineer approves the first fina1 B map, that condition will identify all the requw..d backbone facilities, as well as a plan for the financing. The backbone facilities would not be triggered by the conveyance of those lots to a different property owner. The trigger points for the backbone facilities oc.::ur when the final B map is requested. John Lippitt, Director of Public Works, gaVe an example of EastLake Greens, that they came in with an overall A map for the backbone streets and some of the backbone facilities. They were required to bond for those streets within their facilities and were required to provide some off-site improvem::nts. The City would have the right to withiJo1d building pemñts if they weren't done, and it was to conform with our level of service ordinance and the growth management ordinance. Those wouldn't have to œ bonded until such time as they Were approaching those thresholds. Mayor Horton àidn't believe there was ever an effort to have the primary land own.". or developers sell at a particular stage," and as to what is cunently being proposed, there was never a movement to do that with East1alœ or Rancho del Rey, so it may not apply in this situation. She stated the conc....,." was addressed in the report when it tzlked about the different stages; however, it is her understanding that staff incorporated the protections that the facilities will be built. Ms. Moore said Section 7.1 shifts the bond requirement to the master builder, that they will be responsibIe for all the backbone facilities regardless of the merchant builder. There would be a number of issues and conc..-rns if We were to require merchant builders coming in with sma11 projects to build or construct major backbone facilities. Section 7.1 puts it back to the master builder for their responsibility, and it is her understanding that bonding for the backbone facilities has occurred at the A map stage. In this case, it's being done at the B map stage, except for two improvements that are listed in Conàition 108. Coun::ilmember Moot asked if the merchant builders would provide the bonding or would Village Development obtain the bonding before the City allows a sale to the merchant builders. Mr. Jamriska said there were four basic items that needed to be bonded prior to the first phase of the backboae facilities, and it is anticipated it will be the requirement of the master builders. All subsequ..-nt backbone facilities will probably fall upon the burden of either the master builder and/or the merchant build.".. Councilmember Padilla àidn't think there was a àistinction there and as far as breaking down what the obligation level would be at the guest builder level. You either have a complete obligation to guanmtee 100 percent of the backbone facilities at the A map stage or you have 100 percent tnmsfer or relief of that obligation to the SU=sors in interest. Ms. Moore said the bonding is the safest guarantee the City = have, and having the bonding at the A map S'""ge is a mare secure position for the City than doing it at later stages. Mr. Lippitt said it was staff's opinion as long as there was a condition in there, they ='t do any B maps or any developments because this has to be resolved. It is a shift in time, but not a shift in development staging between Maps A and B. Councilmember Rindone said if we change the time sequence of this and there is some question of responsiDiiiry that when a merchant builders comes in and cannot afford that, the master builder doesn't have the rosponsibili:;"" He did not hear the assurance that the City increased its protection, because the merchant builders will not have :ne resout"..es the master builders would have. ..< Ii _ 1/ r ~ Minutes Kovember 19, 1996 Page 6 .~ Mayor Horton said it was her understanding from the staff report that it is the sole responsibility of Otay Ranch Ltd., or its suc:cessors in interest, to provide or finance the cost of the backbone facilities ,.....quired in any fina1 map. including both A and B maps. Ms. Moore said it was correct and what staff could do to clarify it would be to insert SJ>'" ific language in Section 7.1 that states they sball provide the bonding. 12" Councilmember Padilla asked what were some of the potential issues if the City allowed the bonding to be at the B map stage, as opposed to the A map stage. Ms. Moore said if you require the bonding at the A map stage, you have the bonding up front. If something were to happen to the master huilder, we would have the bonding to go after in order to construct the improvements. If we wait until later stages, even thongh there is that provision in the agreement that deals with its su= in interest, there is always the potential that we might not be able to get the master builder to actually constrUct the backbone facilities, and we won't have bonding at that point because it was done at a later stage in development. We would then try to go to the merchant builder, which would be difficult to have the m<:n:hant builder actually construct majnr backbone facilities. Councilmember Alevy said in reading the minutes of the Planning Commission, Councilm...-mber..,lect Mary Salas expressed the specific concerns that the master builder is forever obligated to do the backbone infrnstructure should they not survive lienholders to become obligated to the backbone infrastru.."tUre, etc. and the timing is the issue we're talking about, but the reality is that the master builder is required to be able to bond to do that. Councilmember Rindone said the requirements of funding the backbone facilities is a greaJ:er risk. In order to try to compensate that risk, we've put other safeguards in the agreement. Council bas the responsibility to ensure that the backbone facilities are built. He did not see why the old rules were changed, because thoy worked well and provided adequate safeguards. He said the bottom line is that with the size of the Otay Ranch and the projected buildout, we don't have the assurance from the very front that the backbone infrastructnres are in place, and it wi1l set the wrong tone for this developmenL If we had reqnired the bonding at the very beginning as done in the past, we wouldn't have to come up with all of these conditions. ,--- Ms. Moore said according to the development agreement, if language is added to specifically deal with bonding, it would require Village Development, and its successors in interest, to provide the bonding" There is also a provision in the agreement that tallcs about subordination SO it requires the lenders to suboràinate to the development agreement. It is not the same as having the bonding up front, but tb..-re is a provision that holds Village Development to provide the facility and the bond. Councilmember Padilla said this issue presented itself at the request of Village Development. There is a reason economic:a!Iy why they want to be able to sell off parcels without making the guarantees up front on this size of a SPA or at the A Map stage, but the question is whether that is what Council wants. The question bere is this was changed at the request of the applicant, there are reasons for that and the question for Council is wbether or not when we get to the development agreement and we look at the tentative maps, whether we wi1l be satisfied, and we have enough comfort with this level of a guarantee. Tnere is no question that the manner in which ....ff is re<:ammending is less security to the City than if we required the bonds at the A map stage. · Kim Kilkenny, 11975 El Camino Real, San Diego, CA, representing Village Developments, stated that City staff and VilJage Development staff put a lot of time to ensure the problems that occurred in St. Claire are not experienced in Otay Ranch. Village Development is seeking to provide se.."Ut"Ìty consistent with the PFFP, and that is when a phase of development requires an improvement in order to serve that phase, then adequate security has to be provided" Tne development agreement states that Village Development is the entity responsible. II.. a general ~ mie when you have a tentative map approved, and that's what Village Development is seeking in this hearing, there )1' ~ 5, ;5 not an obligation in State law or Council policy that an applicant follow-up a tentative map approval with an A map" What is different about this project is through the development agreement came a proposal from staff that g Village Development be required to do an A map on the whole of the SPA, village by village" If you look at the conditions of approval, they have to be bonded at the twi"" their estimate. whioh is £160 millio~" If Counoil were Minutes November 19, 1996 Page 7 .-. to pursue the common practicc of allowiDg Village Developments to do A maps on a lesser area, Village Developments would be willing to provide the security on the improvements associated with that Jesser area:, If they do an A map on the whole of the village or an A map on the whole of the SPA, then the bonding S"-'"Urity r-..quirements becomes burdensome because the tentative map is so large. If you look at the wbole of development agreement in conjunction with the tentative map requirements, the City is assured that facilities will be built in a timely manner, the SL Claire experience will not ~, and the cost of the facilities will be equitably shared amongst all benefiting properties in the projecL Councilmember Rindone asked if staff considered Mr. Kilkenny's suggestion of the A map for a small ponion of the project to == the backbone facilities were part of the A map. Counci1member Moot stated staff's proposal was a better guarantee for the City. Mr. Lippitt replied it was correct. Staff tried to come up with a merh"n;<:m that would meet the developer' 5 needs and also assure the City's comp1ian=. Richard Rosaler, Senior Planner, continued staffs presentation regarding the Otay Ranch project. Tnis being the time and place as advertised, the public hearing was declared open. · William Lieb=an, 852 Blackwood Road, Chula Vista, CA, Director of Plamring and Operations with the Metropolitan Transit Development Board, supported the projecL He expressed concerns relating to guarded entries and densities in the villages. .~\ · Rick Williams, 3130 Bonita Road, Chula Vista, with Point BuildeIS, spoke on behalf of West Coast Land Fund, """:1 owner of the 288-acre parcel spanning Villages 1 and 5. West Coast supports staffs recommendation, although they would like to perlIaps build the concept to defer any approvals in Village 5 until the City , West Coast, and Village Development have an opportnnity to meet and explore issues.. · Kim T{";I1<""ny, representing Village Development, supported staff s recommendation with the exception of moàifying a portion of the tentative map in Village 5 to encompass all of their ownership in Village 5, with the exception of two specific parcels. . . . COUDcilmember Padilla left the dais at 11:11 p.m. . . . · Kent Dayden, 11975 E1 CamiDo Real, San Diego, CA, representing Village Developments, gave a pres..-ntation regarding Otay Ranch and referred to the report by Village DevelopmenL Mr. Kilkenny concluded with the issue of the scope of the tentative map. He indicated Village Development supports staff recommendation with the single modification that the scope of the tentative map should include Village Developments ownership in Village 5, except for two parcels that immediately abut West Coast property wirich is Parcel R-29 and Parcel P-3. West Coast has previously indicated they would like to flip a school or park onto our ownership. Tne portion of the property in R-29 and P-3 which should be excluded from the map is approximately 10 to 15 acres, an ampJe size to flip those kinds of uses, not that they are accepting or aàvocating that, but at least it provides the possibility. Taere being no further speakers, the public hearing was dosed. Councilmemher Moot expressed con= of the practical effects of delaying the bonding until the B map leveL asked what assur.m= were in place that the backbone infrastructures would be constructed. r- he ß-~ Mr" Kilkenny answered that the development agreement contains a statement that until released by the City Counoil, ¡Iþ Village Development is obligated to provide for the backbone infrastructure. The development agreeme:lt also -Y:;-. MinuteS Novomber 19, 1996 Pago 8 .-. requiros the provision of a subordination agreement by the lender on the proporty in the ovent they take ùtle to the proporty, they are bound by the provisions of the development agreement, in::luding the ba<:kbone provision" Tnoro aro a couple of levels of assurances in this project. The City of Chula VISta bas a very aggressive devdopment impa.:;t fee program and each building permit that goes through the process bas to pay for those developm""t impact fees for a whole anay of facilities, and the City will constantly have the flow of rev""ue to make sure =h indi,~dua! parcel pays for its fair share of the facilities. What both the cL-vdopment agree=t and æntativo map have are requirem""ts that security be in place through bonding, but there are other mechanisms to O=re completion of the facility in a timely manner. Councilmember Alevy asked why the project did not include speed bumps, b=use it was diñerent from the policy Council enacted in recent months. Mr. Jamriska explained the speed bumps were not provided in response to requests by the Fire Chief and C'nief of Police who felt any impediment to the traffic flow would hinder their quick response. Councilmember Alevy asked staff to address the impact of MSCP on a County-wide basis on this particular project, and what are the impacts of Proposition 218 on this project. Mr. Lippitt said one impact would be if we had the open space district to maintain the open space around the village. If there are gated communities, everything private within the gated community would be maintained by tho homeowners' association, and it would not be regulated at all by Proposition 218. For the portion probably along the slopes of Telegraph Canyon Road and Orange Avenue with issues such as dnünage, those could be and probably would fall under the provisions of Proposition 218 which means the initial hearing would be set up before people moved in. If the people had already moved into the project before the assessments, there would have to be a vote. .----" Councilmember Moot expressed concern about guarded communities. He did not favor staff's =ommendation and doesn't see the big diñerence whether it bas a gate or guard, because the concept is still tho same. He could not see valid reasons to restrict any citizen in the City of Chula Vista from driving in and around this particular area. Councilmember Rindone was concerned that guarded or gated communities sends the inappropriate message of what this project was originally conceived to be. When you have artificial baniers and even the insinuation of those barriers, even if they are guards that are not there during the day, it creaœs a diñerence sense of ambiance. We want to have the presence this is a good community and all parts have good protection and safety, not just those who can word to be in the single-family or higher residential facility. He did not favor guarded communities in any form. Mayor Horton indicated that gated communiùos were common, and there were two areas in Rancho del Rey which Council did not oppose. There are mobile home parks behind gates, because it is the lifestyle tho particuJar mobile home parks wanted. She doesn't think it is exclusive; it is a choice and marketing tool for this project. Councilmember Alevy referred to an article "The Next Eden, . from California Lawver magazine that taJked about the benefits of having gated communiùes. Earlier this evening Council spoko at length regarding section 7.1 of the development agreem""t and the backbone infrastructures, and it was clear that Council did not want to cr»..aæ a situation in this developm""t that was not required of other developments. He indicated We need to turn that around with ro..spect to gates, b=use we have allowed gates in other parts of the City. We have private single-f2lI1Í]y residence deve10pm""ts with gates in both Eastlake and Rancho Del Rey, and he stated Council shouJd be COnsist..":1L If we are going to hold Rancho del Rey and EastJake to the same ro..quirem""ts on other issues as Village Development, then We shouJd be consisænt and do the same with giving thom the opportunity from a marke:ing standpoint to allow guarded portions of their development. MSC (Horton/Ale']) to allow gate closures from dusk to dawn, failed 2-2-1 with Moot and Rindone opposed and Padilla absenl c:l S- ~ ? .:5 Minutes November 19, 1996 Page 9 c~ MSC (AlevylHorton) to allow some facilities guarded from dusk to dawn, approved 3-1-1, with Rindone opposed and Padilla absent. RESOLUTIONS 18416, 18417 AND 18398 OFFERED BY COUNCILMEMBER RINDONE, with the exception of taking the issue of the bonding separate which is Item U, approved 4-0-1 with Padilla absent. 13, PUBLIC HEARING ADOPTING OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT WITH VILLAGE DEVELOPM£IIo.T - An amendment to the development agreement to further guanmtee infrastructure improvements where the developer wants to create parcels for sale prior to finalizing the final subdivision map. The amendment also addresses future problems with regard to any debt payment that might be levied to make public improvements or should development be only partially completed on any particular project due to any stoppage of work especially due to a bankruptcy action. Staff recommends Council place the ordinance on first reading. (Deputy City Manager, Planning Director, and Otay Ranch Manager) Continued from the meeting of ll/U/96. ORDINANCE 2691 AMENDING OTAY RANCH PRE-ANNEXATION DEVELOPMENT AGREEMENT BETWEEN OTAY RANCH, LoP., A CALIFORNIA LIMITED PARTNERSHIP, VILLAGE DEVELOPME/IoT, A CALIFORNIA GENERAL PARTNERSHIP, AND THE CITY OF CHULA VISTA (first readin") ORDINANCE 2691 OFFERED BY COUNCR..MEMBER MOOT, including adding the bonding language to section 7.1, approved 3-1-1 with Rindone opposed and Padilla absent. ~ ORAL COMMUNICATIONS · Bill Brasher, 1755 Old Gillette Avenue, Irvine, CA, representing Baldwin Builders, gave an update with the St. Claire Crossing development. BOARD A.l\'D COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 14. RESOLUTION 18494 DISSOLVING THE COUNCR.. APPOINTED INTERIM BECA BOARD _ On 8/22/95, Council approved an Interim BECA Advisory Board represented by 11 organizationsrmdividuals. Tnese organizations/individuals were recommended hy staff to provide a mix of public and private entities who are stakeholders in the regional BECA alliance. The Board's contributions include working with staff in the ar'""" of coordinating and leveraging regional resources, enbanced program marketing, and providingtecbnica1 advice. Tnese functions may be b-..st served by the Board continuing to act in an advisory capacity to the BECA program and staff. For the purposes of legal clarification, staff is recommending the existing Interim Board, as appointed by Council, be dissolved and the new Board membership be selected by staff. Staff recommends approval of the resolution" (Director of Community Development) Continued from the meeting of 1l/U/96. Cheryl Dye, Economic Development Manager, said staff recommends Council åissolve the Council-appointed B"CA advisory board, with the understanding that staff would appoint a board. Councilmember Moot suggested constituting an Ad Hoc Council subcommittee on the BECA board and requested staff r-..search the issue of an ad hoc suir..ommittee with Council serving as an ex-officio non-voting member" c28----r ~ ~ ~ 23 ~ q: ;;IY ~!lII ~~ ~~m 5~ II) ä- ~ ~ - tS c:: ... ~ 'e (V) Q) c:: o Q) ~ - - ... w :::a; ¡::! F " ~ ~£ ;2 iJj § g¡ ~ ~ ~ 0 g ~ II! 0.. This page blank ~" 2%---/ß ---- 3nÑ3/;";:iõ;;¡ ?:------'S ----- '----....;..; ----- '....,.. \y ~1 cr, "t ~I : ~ <I) <I) C\ <I) ... o t') I eo: o r--I_-,- \ " 1 o z ~ Will ~I ~ ::s~ 2: <:) ....J '""' -0 " >0 -<I) \0 \0 \0 IO 1\0 \0 ~ UI Z~ cr, OJ <I) ~ <t:0 \0 \0 ~ ~ ~m ¡:Q :r: N >-~ E-< <t:- z I-W W I OZ ;:;s -- ~ ." ~I a ::I:: I<) U <: - ;::!: :t, E-< \ \ E-< \ ~ <: \0 \ \ " " , \ " , '-,- , W , -' , l- I<) ) 1- C\ - OJ ~ " . ~ - 0.. I 1.0 cr, 1 VI .... C +- ,- a W -' ... O>~, O>ma.. , ¡ -z(f .,_;;= W W'<I:;::;; ~ ~ t') a: <I: 000-' ---_._.~.._._-- C) \0 W -' ¡;: - \0 This page blank ~ ø c23- ~/.2 A TT ACHMENT 2C I /,t:; If I~ LOTNUM8£RS , " , " / / / I f- a:: o z o SCALE I I I / / FILE NO. OR-131F DATE: TITLE: 02/08/99 DRAWN BY: JAMES P. OT A Y RANCH VILLAGE 1 NEIGHBORHOOD R-8 Øi! ~~/J This page blank ." p-' elf--/f NO SCAL[ 0 C'1 E-< - Z "I ~ 0 ~ "I ::r: 0> U - <: CO E-< - E-< "- <: - 10 - I/') - "'" - I<) - "I - - (§ Q: 10 "- CO I/') I/') I/') I ~~ " U :::. ÛJnO:J .... ~JniS)/81f7 I ~I ~ I 1....1 llu _lu I~ 111 - o 0> 10 I/') 10 o "I I<) ~ Q:: 10 10 ~ I C) J.8nO:J -J r1I1Õ7"- -~¡ I "- ~ 10 10 ~.... I 10 0> 0 ~S \ 10 "- I '" ~ ~ :::. ~ o .... I I \ I - I I \ I - - "- I '.... .... '- -, £$ ~,-/ç "- m N I ~ o o z W -' "- ..- 01 WI 00::: « -I -10 >0 o II uO::: zO «CD 0::: I C) W >-z « I- o W ....J I- ¡::: C'> ~ '0 . ~ Q. 0) 1/1 .... C - W 0 -' "- m .. >- mea' ........ a.. NZ ..0 :>111 w.... ;>W f-.....<::E <N 0:::< 00 0., This page blank ",,' Ø/ cJ5~ It rï' , \ , q,. ; ~ o -.J - --1- - <Ø '" 0 .. ... '" .r> '" '" .. .. .. oC .r> "'", oC .. .. .. .. .. - \ .. .r> ~~~~~~~~~~~~~ '" '" - I .. I oC ?, '" ¡g/ ... ~ .. .. .. .. '" ¡¡¡... ~ '" .. ~t~ .. ... .. ~ ~ .. '" ~I'" .. ~ .. ~ .. ';. ~ '" ~ -- ~ z ~ ;;s ::r: u < t-< t-< < .r> '" ~ \ , \ , \ ~~--~~~~ -èI: to ð'.......... '" '" - 0""'0 "'''' cS)O\OOO 000 CS"....______ '" .. .. <Ø .. .. I /~ ~ I '" .. .. _'__1__'__,__ I \ 1- '__ - ' - - ~V;y07Vd ' - --. # ... \.- \.-,... 1331115 - - - - - - - - - - - ___ .is,,.;,--/-- .... , -- ---- ---- - .---- --- ;¿g- ~ / ... '" t<) ~ I œ 0 0 Z L.U -' ¡;: ..- W ~ ..- Ü I « -I 0:::: -I - > 0 0 IO UI zO:::: «0 o::::m :r: ü >-W «z I- 0 L.U -' J- ¡:: rn ~ \J . ~ a. "<t ~ L.U -' ¡;: U) l- e .... o ~ ).:0..: ,CD t<) zU'l ..0 ~L.U L.U'<~ ':;:<'-1 œ< aoo" This page blank ~ * eJ-? --- If{ RESOLUTION NO" /9t/y5' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE ONE, NEIGHBORHOODS R-6, R-9 AND R-14 ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA GENERAL UTILITY AND ACCESS EASEMENTS, AND WALL EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, REJECTING AN IRREVOCABLE OFFER OF DEDICATION FOR STREET AND OTHER PUBLIC PURPOSES AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula Vista hereby finds that certain map survey entitled Chula vista Tract 96-04 OTAY RANCH, VILLAGE ONE SPA ONE NEIGHBORHOOD R-6, and more particularly described as follows: Lot 12 of Otay Ranch, village One "A" Map, Chula vista Tract No" 96-04 according to the map thereof No" 13592 in the City of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on June 24, 1998" Area: 21"489 Acres Numbered Lots: 77 Open Space Lots: 1.449 No. of Lots: 89 Lettered Lots: 12 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the city of Chula vista sixty-two (62) foot wide general utility and access easements within Lot "A" for installation of public utilities, noting that use of said general utility and general access easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula vista, and wall maintenance and access easements, all as shown on 1 :2r-/9 -; ... ~u.....,._.___...._._~_~___~_"_ this map within this subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, and for wall maintenance as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula vista as hereinabove stated" BE IT FURTHER RESOLVED that 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 that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the city Clerk" NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista hereby finds that certain map survey entitled Chula Vista Tract 96-04 OTAY RANCH, VILLAGE ONE SPA ONE NEIGHBORHOOD R-9, and more particularly described as follows: Lot 16 of Otay Ranch, village One "A" Map, Chula Vista Tract No. 96-04 according to the map thereof No. 13592 in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on June 24, 1998" Area: 16.390 Acres Numbered Lots: 74 Open Space Lots: 1.814 No. of Lots: 86 Lettered Lots: Acres 12 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said council hereby accepts on behalf of the City of Chula Vista sixty-two (62) foot wide general utility and access easement within Lot "A" for installation of public utilities, noting that use of said general utility and 2 ;2fl9/;2 general 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, said Council hereby rejects on behalf of the City of Chula vista, the offer of dedication of the easement for the street purposes and other public purposes on this map within this subdivision, noting that section 7050 of the Government Code of the State of California provides that an offer of dedication shall remain open and subject to future acceptance by the City. BE IT FURTHER RESOLVED that the city Clerk of the City of Chula vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as hereinabove stated" BE IT FURTHER RESOLVED that 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 that certain Subdivision Improvement Agreement dated the for the completion of improvements in said sUbdivision, a copy of which is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula vista Tract 96-04 OTAY RANCH, VILLAGE ONE SPA ONE NEIGHBORHOOD R-14, and more particularly described as follows: Parcel 4 of Map. No. of Otay Ranch, Chula vista Tract No. 96 - 04 in the City of Chula vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on February___, 1999. 3 J-3A - J Area: 18.097 Acres Numbered Lots: 139 Open Space Lots: 1"589 No. of Lots: 156 Lettered Lots: 17 Acres is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula vista sixty-two (62) foot wide general utility and access easement within Lot "A" for installation of public utilities, noting that use of said general utility and general 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 that the city Clerk of the city of Chula vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements with the right of ingress and egress for general utility, and general access, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the for the completion of improvements in said subdivision, a copy of which is on file in the office of the City Clerk. Presented by Approved as to form by ~~ Jo n "Kaheny ./ City Attorney John P. Lippitt Director of Public Works H:\Home\Attorney\Reso\RESOOR6.DRS 4 ;¿F/Ç -r RESOLUTION NO. /C¡~YÞ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENTs FOR THE FINAL MAPS OF CHULA VISTA TRACT NO. 96-04, OTAY RANCH, VILLAGE ONE, NEIGHBORHOODS R-6, R-9 and R-14 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, the developers Neighborhoods R-6, R-9 and R-14 Subdivision Improvement Agreements Conditions of Resolution for of Otay Ranch, Village One, have executed Supplemental (SSIA) in order to satisfy Chula vista Tract No. 96-04. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreements for Chula vista Tract No. 96-04, copies of which are on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreements for and on behalf of the City of Chula vista. Presented by Approved as to form by f(J;JJl-~ < ~ Joh . Kaheny / City Attorney John P. Lippitt Director of Public Works H: \Home\Attorney\Reso\R-6-14. sup J-%'fJ ~/