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Home My WebLink AboutAgenda Packet 1998/12/08 '" declare under penalty of perjury that I am employed by t!:s City of Chula Vista in the Of.fice of the Ci (jI Clerk and that I posted Tuesday, December 8, 1998 this Agendafi'~otice on the Bulletin Board at C _" Ch' b . 6:00 p.m. the Public ~r~es Buildin-:r . oun~1 . al~. ~rs DATED. /-<- ?' rSIGNED o~ ~ubhc ServIces BuIldmg / -- ReI!ular Meetin~ of the City of Chula Vista Ci v CALL TO ORDER 1. ROLL CALL: Councilmemhe.rs Moot _. Padilla_, Rindone._, Salas_, and Mayor Horton_, 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: November 17, 1998. 4. SPECIAL ORDERS OF THE DA Y: A. Comment"i hy outJ:uinJ: Cmllu.'ilmemher: Jerry Rindone. B. RESOLUTION 19284 RECITING THE FACT OF THE SPECIAL RUNOFF ELECTION HELD ON NOVEMBER 3, 1998, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW - At the Juoe 2, 1998 General Municipal Election, Mayor Horton won hy 71.82 percent over the. other candidaks; ami Steve Padilla, candidate for Seat 2, won over the other candidate hy 60.30 percent. According to the Charter. a Runoff Election was not required for these two positions. However, all candidates for Seat I received kss than 50 percent of the votes cast. Therefore. a Runoff Election for Seat 1 was required and held on Novemher 3, 1998. Patty Davis won hy 56.24 percent over the othe:r candidate': for Seat I. Staff recommends approval of the: resolution. (City Clerk) C. Oath of Ot1ïce: The Oath of Oftïce will he administered hy the Honorahle William Cannon. . Mayor: Shirley Horton. . City Councilmemhers: Patty Davis and Steve Padilla. D. Newly elected of'ticials take their place at the dais. E. Comment, hy newly elected Mayor and City Councilmembers. * * * * CITY COllNClL WILL RECESS FOR A RECEPTION * * * * (Conference Rooms 2 and 3) MEETING RECONVENED 5. ROLL CALL: Councilmemhers Davis_, Moot_, Padilla_, Salas_. and Mayor Horton_, Agenda -2- December 8, 1998 CONSENT CALENDAR (1lems 7lhrou!:h 15) The slaff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion wilhout discussion unless a Councilmember, a member of Ihe public, or City staff requests thallhe item be pulled for discussion. if you wish to speak on one of these items, please fill out a "Request to Speak Fonn" available in the lobby and submit illo the City Clerk prior 10 the meeting. Items pulled from Ihe Consenl Calendar will be discussed after Board and Commission Recommendations and Action Ilems. Items pulled by Ihe public will be the first items of business. 6. WRITTEN COMMUNICATIONS: A. Letter from the City Attorney stating that to he hest of his knowledge from ohservance of actions taken in Closed Session on Novemher 24, 1998, that there were no actions taken which are required under the Brown Act to he reported. It is recommended that the letter be received and filed. B. Letter of resignation from the Planning Commission - Patty Davis. It is recommneded that the resignation he accepted with regret and the City Clerk he directed to post immediately accordiog to the Maddy Act in the Clerk's Oftïce and the Public Library. 7. ORDINANCE 2765 AMENDMENTS TO THE EASTLAKE \I (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (second readin~ and adoDtion) - The applicant, The EastLake Company, has submitted applications to amend the City·s Geneml Plan, EastLake II General Development Plan (GOP). EastLake Gr~ns Sectional Planning Ar~ (SPA) Plan and associated regulatory documents in order to annex 133.5 acres that the EastLake Company ohtained as a æsult of a land exchange with the Baldwin Company in 1992. The applicant also suhmitted applications to modify and redistribute GDP land uses and adopt a new EastLake Trails SPA for 322.2 acres which are located east of Hunte Parkway betw,,<,n Otay Lakes Road and Olympic Parkway. Staff recommends Council place the ordinance on tirst reading and adoption. (Director of Planning and Building) 8. ORDINANCE 2766 AMENDING CHAPTER 2.56 OF THE MUNICIPAL CODE TO UPDATE THE CITY PURCHASING SYSTEM (second readin~ and adoDtion) - The City's Purchasing Agent has analyzed buying activity and trends over the past two years and is re~()mmending an increase in the buying limits delegated to staff. Further ~hanges proposed include streamlining the consultant selection process, simplifying surplus property disposal procedures, and updating the language to make it gender-neutral. The proposed ordinance includes amendments proposed hy Coundl at the tirst reading and minor corrections. Staff recommends Council place the ordinance on second reading and adoption. (Director of Finance) 9.A. RESOLUTION 19285 AMENDING THE FISCAL YEAR 1998/99 BUDGET AND APPROPRIATING UNANTICIPATED REVENUES IN THE AMOUNT OF $186,123 TO ESTABLISH A SERIOUS TRAFFIC OFFENDERS' PROGRAM - Through a highly competitive process, the Office of Traftï¡,; Safety (OTS) has approved funding of a Serious Traftic Offenders' Program (STOP) in the City. OTS will hmd the City a total of $342, 133 over a two-year period for establishment of a Serious Traffic Offenders' Program which is designed to hecome self-supporting through cost recovery fees from violators. Staff re¡,;ommends approval of the resolutions. (Chief of Police) 4/5th's vote required. B. RESOLUTION 19286 AMENDING THE MASTER FEE SCHEDULE TO INCREASE NEGLIGENT IMPOUND FEE FROM $55 TO $125 TO SUPPORT THE SERIOUS TRAFFIC OFFENDERS' PROGRAM Agenda -3- December 8, 1998 10. RESOLUTION 19287 APPROVING LEASE AGREEMENT WITH THE SENATE RULES COMMITTEE OF THE STATE OF CALIFORNIA FOR THE LEASING OF LEGISLATIVE OFFICE SPACE (SUITE E) TO SENATOR STEVE PEACE - On January 15, 1995, the City entered into a lease agreement with the Senate Rules Committee for a satellite district onïce for Senator Peace. The term of this lease agr~rnent for Suite E in the City's legislative oftice building was through November 30, 1998. Senator Peace has requested the lease be renewed through November 30, 2002, the duration of his term. Staff recommends approval of the œsolution. (Director of Finance) II. RESOLUTION 19288 ADOPTING AN AMENDED AND REST A TED DEFERRED COMPENSATION PLAN - The City has offered a Deferred Compensation Plan to employees since 1975. Since the Plan was adopted, it has heen modified several times in order to conform to changing Internal Revenue Service regulations. An amended and completely restated Plan is being submitted for approval in order to not only maintain conformance with Federal Government requirements, but to facilitate future changes. Staff recommends approval of the resolution. (Director of Finance) 12. RESOLUTION 19289 APPROVING THE APPLICATION FOR RE-DESIGNATION OF THE SOUTH SAN DIEGO RECYCLING MARKET DEVELOPMENT ZONE TO INCLUDE THE CITY AND ADOPTING A NEGATIVE DECLARATION (IS-99- I I) AS REQUIRED BY THE CALIFORNIA INTEGRA TED WASTE MANAGEMENT BOARD FOR THERMDZ APPLICATION Council and th~ Resourc~ Conservation Commission approved the City's participation in a regional Recycling Market Development Zone (RMDZ) as part of the City's Source Reduction and Recycling Element in 1990. On August 12, 1997, Council approved a Memorandum of Understanding with the City of San Diego authorizing the Mayor to execute re-ùesignation of the South San Diego RMDZ to include Chula Vista. Council also JirecteJ staff to prepan:~ the application to the state and appropriated funds tor a consultant to complete the application. Staff recommends approval of the resolution. (Conservation Coordinator and Director of Community Development) 13. RESOLUTION 19290 APPROVING THE DESIGNATION OF THE DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER AS THE POSITION AUTHORIZED TO EXECUTE FOR AND IN BEHALF OF THE CITY ALL "PROGRAM SUPPLEMENT" AGREEMENTS AND RELATED DOCUMENTS, APPLICATIONS AND REQUESTS FOR REIMBURSEMENT FOR THE PURPOSE OF OBT AINING CERT AIN FEDERAL FINANCIAL ASSIST ANCE IN ACCORDANCE WITH THE ADMINISTERING AGENCY - ST A TE MASTER AGREEMENT FOR FEDERAL AID PROJECTS NUMBER 11-5203 - On June 17, 1997, Council approved the Administering Agency-State Master Agreements for Federal Aid Projects NUll1hljr 11-5203. Thlj Mastljr Agreljmljnt provides the basis for all the transactions required through thlj Statlj hefore Federal Aid funds can he released to thlj City. Staff recommends approval of the resolution. (Dirljctor of Puhlic Works) 14. RESOLUTION 19291 REJECTING NON-RESPONSIVE BID AND ACCEPTING BID AND AWARDING CONTRACT TO CALIFORNIA TURF FOR THE PURCHASE OF TWO 84 INCH RIDING MOWERS - On September 26, 1998, an advertisement was placed in 771e Star New.\' soliciting bids for the proposed City purchase of two riding mowers. In addition, six prospective bidders from the Purchasing Agent's bid list, including one local vendor, wen~ contacted directly. On Octnber 14, 1998, the hids for the purchase of the two mowers were opened. Two hidders responded. Neither of these were local vendors. The lowest acceptahle responsihle hidder was California Turf with a net total price of $57,471. 70. Staff recommends approval of the resolution. (Director of Puhlic Works) 15. RESOLUTION 19292 ACCEPTING THE GRADING AND WET UTILITY BIDS RECEIVED FOR OLYMPIC PARKWAY AND AUTHORIZING THE EASTLAKE COMPANY TO CONSTRUCT OLYMPIC PARKWAY IMPROVEMENTS BETWEEN HUNTE PARKW A Y AND THE OLYMPIC TRAINING CENTER AND HUNTE PARKWAY BETWEEN OL YMPIC PARKWAY AND SOUTH GREENSVIEW DRIVE AND RECEIVE CREDIT OR REIMBURSEMENT AGAINST TRANSPORTATION DEVELOPMENT IMPACT FEES - A letter was received from the EastLake Company, dated September 28, 1998, requesting authorization to begin constnaction of roadway facilities identified in the City's Transportation Development Impact Fee (TO IF) Capital Improvement Projects I¡s! and initiate the D1F credit process. The grading plans have been submitted and approved. Staff recommends approval of the resolution. (Director of Puhlic Works) * * * EN/) OF CONSUNT CA/ÆNlJAR * * * Agenda -4- December 8, 1998 ORAL COMMUNICATIONS This is an opportunity for the generaL public to address the City Council on any subject matter within the Council's jurisdiction that is noL an item on this agenda for public discussion. (SLaLe law, however, generally prohibits the City Council from taking action on any issues not incLuded on the posted agenda.) If you wish to address the Council on such a subject, pLease compLete the "Request to Speak Under OraL Communications Form" availabLe in the Lobby and submit it to the City CLerk prior to the meeting. Those who wish to speak, pLease give your name and address for record purposes and follow up action. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by Law. If you wish to speak to any item, pLease fiLL out the "Request to Speak Form" availabLe in the Lobby and submit it to the City CLerk prior to the meeting. 16. PUBLIC HEARING ADOPTION OF THE OTAY RANCH VILLAGE I AND 5 PEDESTRIAN BRIDGE REPORT AND ESTABLISHMENT OF THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE - The developers of Otay Ranch SPA One are required to fund the tair share of constructing thret pedestrian hridges within Villages I amI 5. On May 14, 1998, both the McMillin Company and the Otay Ranch Company requested that a Development Impact Fee be created to spread the cost of these facilities over those areas henditting from the proposed bridges. Staff recommends that Council place the ordinance on tirst ft:;~aJjng and approve the resolution. (Director of Public Works) Continued from the meetin~ or Novemher 24. 1998. A. ORDINANCE 2767 ESTABLISHING THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS (ljrst readin~) B. RESOLUTION 19293 ADOPTING THE CITY'S PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT 17. PUBLIC HEARING CONSIDERING ABATING THE CALENDAR YEAR 1999,2000, and 2001 BUSINESS LICENSE TAX RATES TO RETAIN THEM AT THE CURRENT CALENDAR YEAR 1998 LEVELS - The Business License Tax Ordinance (effective January I, 1991) is structured so that the business license tax raks increase annually unless Council takes action to ahate them each year. In an effort to assist local businesses through the lengthy recession of the mid-1990's, Council has approved annual ahatements of the scheduled rate increases since 1991. As an indication of the City's desire to present the clear and accurate pc:rception that the City is "business friendly," staff is recommending that the Business License Tax rates for calendar years 1999,2000, and 2001 he retained at the current calendar year 1998 levds. Staff recommends approval of the resolution. (Dirl:':dor of Financl:':) Continued from the meetinl! of Novemher 24. 1998, RESOLUTION 19278 ABATING THE BUSINESS LICENSE TAX RATES FOR CALENDAR YEARS 1999,2000, AND 2001 TO RETAIN THE TAX RATES AT THE CURRENT CALENDAR YEAR 1998 LEYELS 18. PUBLIC HEARING PCS-99-02: TENTATIVE SUBDIVISION MAP FOR CONDOMINIUM PURPOSES DIVIDING NEIGHBORHOOD R-46 INTO 117 MULTI-FAMILY RESIDENTIAL UNITS IN OTA Y RANCH VILLAGE FIVE - APPLICANT: CORNERSTONE COMMUNITIES- Cornerstone Communities is proposing to develop a 117 unit multi-family rl:':siJential conJominium prqject on Neighborhood R-46 located on the northwest corner of East Palomar Street and Santa Cora Avenue. The pr~iect will consist of 39 tri-plex units in various contigurations. Approval of the Tentative Subdivision Map PCS-99-02 will enahle the applicant to sell the units individually. Staff recommends approval of the resolution. (Director of Planning anJ Building) RESOLUTION 19294 APPROVING A TENT A TIVE SUBDIVISION MAP FOR NEIGHBORHOOD R-46 IN VILLAGE FIVE OF THE OTAY RANCH SPECIFIC PLANNING AREA ONE PLAN, TRACT 99-02, CORNERSTONE COMMUNITIES, AND MAKING THE NECESSARY FINDINGS Agenda -5- Deœmber 8, 1998 BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions, and/or Commillees. None suhmitted. 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 general public. The items will be considered individually by the Council and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting. 19. RESOLUTION 19295 CONDITIONALLY APPROVING THE CONVEYANCE OF 0.81 ACRE OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF ADA STREET AND INDUSTRIAL BOULEVARD TO SOUTH BAY COMMUNITY SERVICES FOR THE DEVELOPMENT OF AN II UNIT TRANSITIONAL HOUSING PROJECT FOR YOUNG ADULTS WHO HAVE COMPLETED THE COUNTY OF SAN DIEGO FOSTER CARE PROGRAM - South Bay Community Services (SHCS) is proposing the development of an II unit transitional housing pr~iect for young adults who have aged out of the County of San Diego Foster Can:~ Program. The property is owned by the City and adjal::ent to the Trolley Terrace Townhome devdopmê:nt by SBCS. In order to effectively compete for other funding sources, SHes must he ahle to demonstrate site control. Staff recommends approval of the resolution. (Director of Community Development) 20. RESOLUTION 19296 APPROVING AN AGREEMENT WITH LAW CRANDALL, A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC., FOR MATERIALS TESTING AND GEOTECHNICAL CONSULTING SERVICES AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY - To assure that the City continue to obtain quality improvements, the City needs to ohtain materials testing and geotechnical engineering services for projects built with hoth puhlic and private funds. These services will assure that the materials supplied to construct the City's infrastructure meeting the project's specitïcations. Staff has comp1eted the Request for Proposal and consultant selection process and has negotiated the proposed contract with Law Crandall to provide material testing services from January I, 1999 to December 31, 2000, with an option to extend the agreement for an additional year. Staff recommends approval of the resolution. (Director of Public Works) 21.A. RESOLUTION 19297 APPROVING A DEFERRAL AGREEMENT WITH MCMILLIN OTAY RANCH LLC CONCERNING THE DEVELOPMENT OF CERTAIN PARCELS IN THE OTAY RANCH SPA ONE AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - Council will consider the approval of an agreement for deferring the development of certain parcels within the Otay Ranch SPA One. Council will also consider the approval of Final "B" Maps, Subdivision Improvement Agreements, anù Supplemental Suhdivision Improvement Agreements for Units 2 and 3 of the McMillin Otay Ranch SPA Ooe, Phase I (CVT 97-02) Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 19298 APPROVING FINAL "B" MAPS FOR TRACT NUMBER 97-02, MCMILLIN OTAY RANCH SPA ONE, PHASE I, UNITS 2 AND 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, ACCEPTING ON BEHALF OF THE CITY THE EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF LOTS FOR OPEN SPACE AND OTHER PUBLIC PURPOSES ON SAID MAPS WITHIN SAID SUBDIVISIONS AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS C. RESOLUTION 19299 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE FINAL "B" MAPS FOR UNITS 2 AND 3 OF TRACT NUMBER 97-02, MCMILLIN OTAY RANCH SPA ONE, PHASE I AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Agenda -6- December 8, 1998 22.A. RESOLUTION 19280 APPROVING THE AMENDED COUNCIL POLICY NUMBER 505-02 (EARLY LIENING ASSESSMENT PROCEDURE AND ORIGINATION CHARGE POLICY) - Assessment District 97-2 (AD 97-2) will provide puhlic funding for the acquisition of public improvements within Otay Ranch Village One. The district was formed under the Municipal Improvement Act of 1913. Current Council Policy Numher 505-2 requires that a project be fully completed and accepted by the City prior to acquisition. The amended policy will allow for the acquisition of complete discrete components of a project. Said amended policy is incorporated in the proposed amendment to the Acquisition/Financing Agreement which establishes the procedure for acquiring the improvements from the developer. Staff recommends approval of the resolutions. (Director of Public Works) Continued from the meetin~ of November 24. 1998. B. RESOLUTION 19281 APPROVING THE FORM OF THE SECOND AMENDED ACQUISITION/FINANCING AGREEMENT FOR ASSESSMENT DISTRICT NUMBER 97-02 (OTAY RANCH, VILLAGE ONE) C. RESOLUTION 19282 AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF LIMITED OBLIGATION IMPROVEMENT BONDS, APPROVING THE FORM OF BOND INDENTURE, BOND PURCHASE CONTRACT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH 23.A. RESOLUTION 19300 AMENDING THE CITY'S STATEMENT OF GOALS AND POLICIES REGARDING THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS - On November 24, 1998, Council held the public hearing for the formation of Community Faciiities District Number 97-3. The district will fund the construction of backbone infrastructure within the McMillin Otay Ranch SPA I project. Council action will certify the results of a special election where the qualified electors of the District wen.~ asked whether the levy of this special tax should he authorized. In addition, Council will be considering an amendment to the current Community Facilities District Policy which requires that a project he fully completed ami accepted hy the City prior to acquisition. The amended policy will allow for the acquisition of complete discrete components of a pn~ject. Said amended policy is incorporated in the proposed amendment to the Acquisition/Financing Agreement which establishes the procedure for acquiring the improvements from the developer. Staff recommends Council approve the resolutions and place the ordinance on first reading. (Director of Puhlic Works) B. RESOLUTION 19301 APPROVING THE ACQUISITION/FINANCING AGREEMENT WITH MCMILLIN OTAY RANCH FOR COMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE) C. RESOLUTION 19302 ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT D. ORDINANCE 2768 ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NUMBER 97-3 (MCMILLIN OTAY RANCH SPA ONE) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT (lirst readin~) 24. RESOLUTION 19303 ACCEPTING BIDS, FINDING APPARENT LOW BIDDER TO BE NON- RESPONSIBLE AND AWARDING CONTRACT FOR "OT A Y RECREATION CENTER (PR-133)" TO LOWEST RESPONSIBLE BIDDER C & S DOCTOR, INC. - On July 29, 1998, sealed bids were received. The work to be done includes construction of a community recreation center which consists of a gymnasium and a multi-purpose facility. The project will be tlmded with Federal Community Development Block Grant monies, which sets certain goals in the hiring of disadvantaged minority and women-owned businesses enterprises. Neither of the two lowest hidders met these goals. However, they both made "good faith" efforts to comply with tht:: HUD's goals. Due to numerous concerns, staff recommends that the contract he awardt::d to the second lowest hidder, C & S Doctor, Inc. in the amount of $2,210,959.00. Staff recommends approval of the resolution. (Director of Puhlic Works) 25. REPORT 1998 CHULA VISTA PUBLIC LIBRARY MASTER PLAN - In November 1997, Council approved a contractual agreement with the tirm David M. Griffith and Associates, Ltd., to assist the City in revising the Lihrary's 1987 Master Plan. A new master plan has heen drafted, which if approved, will guide the development of the Lihrary system well into the 21st Century. Staff recommends Council accept the 1998 Lihrary Maskr Plan. (Lihrary and Recreation Director) Agenda -7- Deccmber 8, 1998 26. REPORT CONSIDERATION TO AMEND THE MUNICIPAL CODE TO CREATE A KIOSK SIGN PROGRAM - The Planning anù Building Department is in the process of drafting an ordinance for Council review which would amend the Municipal Code to allow the estahlishment of an off-site real estate directional Kiosk Sign Program to provide directions to master planned communities on the east side of Interstate 805. The proposed program will allow the City to enter into an agreement for the installation, maintenance, and enforcement of off-site real estate directional signs located within the public right-af-way in the eastern area of the City. Staff recommends Council: (I) Dir.xt staff to prepare an ordinance establishing a Kiosk Sign Program for consideration by the Planning Commission and Council; (2) Direct staff to process a Request for Proposals and sdect an administrator for the Kiosk Sign Program; and (3) Approve in concept the draft Kiosk Sign Plan with the understanding that it will be fine tuned by the Director of Planning and Building in final negotiations with the proposed administrator. (Director of Planning and Building) ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. OTHER BUSINESS 27. CITY MANAGER'S REPORT(S) A. Scheduling of medÎngs. 28. MA YOR'S REPORT(S) A. Ratification of appointment to the Design Review Committee - Jose V. Alherdi, Jr. (to till vacancy created by Committee Memher Rodriguez, whose term expires on June 30, 2000. B. Reappointment of Port Commissioner David L. Makolm. 29. COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the regular City Council meeting on Decemher 15, 1998 at 6:00 p.m. in the City Council Chambers, COUNCIL AGENDA STATEMENT Item No. J/ 8 Meeting Date 12/08/98 ITEM TITLE: Resolution / 'J :Ur.t(' Reciting the Fact of a Run-Off Election held on November 3, 1998, declaring the result, and such other matters as provided by law. SUBMITTED BY: Beverly A. Authelet, City ClerY (4/5ths Vote: Yes_ No.....K..) At the June 2, 1998 General Municipal Election, all candidates for Seat I received less than 50% of the votes cast. Therefore, a run-off election for Seat I was necessary. The run-off election was held on November 3, 1998 with Patty Davis receiving 56,24 percent of the vote and Dr. Al Salganick receiving 43.76 percent of the vote. RECOMMENDATION: It is recommended that the City Council declare the results of the run-off election which was held on Tuesday, November 3, 1998 by approving the attached Resolution. BOARDS AND COMMISSION RECOMMENDATION: Not applicable. BACKGROUND: A General Municipal Election was held in the City on Tuesday, June 2, 1998 for the positions of Mayor, Council Seat ¡, and Council Seat 2. Shirley Horton won the election for Mayor with 71.8 percent of the votes cast and Stephen Padilla won the election for Seat 2 with 60.3 percent of the vote. The City Council certified the results indicating that the winners in that election were Shirley Horton as Mayor and Steve Padilla as Councilmember for Seat 2. All candidates for Seat I received less than 50 percent of the vote; therefore, a run-off election was necessary. Said run-off election was set for Tuesday, November 3, 1998. The Registrar of Voters has canvassed the results of the run-off election and has certified the results as follows: Patty Davis 19,120 ballots cast 56.24% Al Salganick 14,880 ballots cast 43.76% FISCAL IMPACT: Because of the new open ballot used this year, the election costs were considerably less than expected. That is because only one ballot type had to be produced instead of the usual multi-ballots for the various parties. Budgeted for the November election was $19,106. The actual cost was $4,256. J/ß-j .-,_.~_.._-_...- RESOLUTION NO. i?d8'f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, RECITING THE FACT OF A RUN-OFF ELECTION HELD ON NOVEMBER 3, 1998, DECLARING THE RESULT, AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a run-off election was called by Resolution No. 19053, held and conducted in the City of Chula Vista, California, on Tuesday, November 3, 1998, as required by law to elect a member of the City Council for Seat 1; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted; that votes were cast, received, and canvassed; and the returns made and declared in time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities; and WHEREAS, pursuant to Resolution 19053 adopted June 23, 1998, the Registrar of Voters canvassed the returns of the election and has certified the results to the City Council. The results are received and made a part hereof as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve, declare, determine, and order as follows: SECTION 1: That the number of registered voters in the City were 70,391 and that the total number of ballots cast were 37,934; and SECTION 2: That the two candidates for Seat 1 were: Patty Davis and Alfred Salganick; and SECTION 3: That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for Seat 1 for which the persons were candidates are as listed in Exhibit A attached. SECTION 4: The City Council does hereby declare Patty Davis as elected to Council Seat 1. SECTION 6: The City Clerk shall enter on the records of the City Council of the City of Chula Vista, a statement of the result of the election, showing the whole number of ballots cast in the City. Presented by Approved as to form by Beverly A. Authelet City Clerk 1/ (] - .). 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' _ ;--....I~::::~;--I-;--;--.....=~===w...- _. _ ooww~o~m~-I;--0003 _. ~ I-~Ott~~~~-uuo~~~~ Resolution 18510 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of December, 1998, by the following vote: AYES: Councilmembers: NA YES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. ..... was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of December, 1998. Executed this 9th day of December, 1998. Beverly A. Authelet, City Clerk 1ß~g-- December 2, 1998 TO: The Honorable Mayor and City Council ~\ FROM: David D. Rowlands, Jr., City Manager~ ~ ~ SUBJECT: City Council Meeting of December 8, 1998 This will transmit the agenda and related materials for the regular City Council meeting of· Tuesday, December 8, 1998. Comments regarding the Written Communications are as follows: 5a. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 11/24/98, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECENED AND FILED. 5b. IT IS RECOMMENDED THAT PATTY DAVIS' RESIGNATION FROM THE PLANNING COMMISSION BE ACCEPTED WITH REGRET AND THAT THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. DDR:mab ~~f? :....--= ~~~.;E CllY OF CHUIA VISfA OFFICE OFTHE CITY ATTORNEY Date: November 25, 1998 To: The Honorable Mayor and City Council From: John M. Kaheny, CiCy Auo=e~>-~~ Re: Report Regarding Actions Tak .. in Closed Ses . on for the Meeting of 11/24/98 The City Council met in Closed session on 11/24/98 to discuss: Existing Litigation pursuant to Government Code section 54965.9 (a) : Miller v. City of Chula Vista 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:\home\lorraine\lt\clossess.no ~ffj 276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910' (619) 691-5037' FAX (619) 409-5823 ,,~ Poa1·Conaumo, Aecycled P_. "-~,-"._,-----_..~_._----,.- .__~___..~_._.___...____.__._ - - - m'..___''_____.m·___________________._'·_.__,___·___ 12/62/1998 11: 2q q759864 PATTY DAVIS PAGE 62 PATTY DAVIS REALTORS" œ , ' "A; 1WI Terri/k 1WnJ!f ~. . " 4190 Bonis 1ùJad. Sui", 10' . 801Úta,CA91;o2-1$''' . O,I1ìce:(IST.9H7S-9100 Fax: (619)475-"04 ~ , , " ~I , ; ... QQ ~ , December 1,1998 -- , ' -<-< ::0 " nO CI "f1 i:" r"T1 ñ 0 rnn ," May!]r Shil1ey Horton ::Q:x: I "f1 ::0:<:: N Vir < ; Memb~rs of:thetity Council . oþ ;:g "f1 .' . 416 t:ourth nue. ..,,<:: N 0 ..,,- '..' _en - C"> --< r . ChulaUlstaj CA91918 ~T' J> ..... Dear MayoI' Horton and Members of the City Council, ... ( '. . Please accept my resi.gnation from thl!'Planning Commission. ,,' . . Thi$ I. biUersweet in that I win miss my fellow commissioners, but }. look forUlarCltoWOl'l<lng With the Council In my new job. , You should be commended o} the qU~llty O.f. your planning i ' . . çommlssíon IIf1d the commitment and dedication. they haue to our f:' ..Clty. Thank youHtor the opportunity to seme as. a Planning ~ ". . c"ommlssloner. '" .' sincerely ¡. :," Ehl; \~ . 'psity D is , , : , ~ .. , , ~. COA1~ IHl '1 r;" r,1~5""'A "W"iONS ".' y i~~~~~_tI' II /<77- /.2jri)1tr , ¿B-1 ORDTI\ANCENO. J ?¿~<t>~~ AN ORDL'\ANCE OF THE CITY COuNCIL OF ~~ OF CHULA VISTA APPROVING AMENDMEJ\'TS TO EASTI..AKE II (EASTI.AKE I EXPANSION) PLANÑ"ED $)~ITY DISTRICT REGULA nONS. çJl . I. ~<:) REcrrA~LS va ~ A. Project Site 'WHEREAS, the areas of land which are the subject of this Ordinance are diagrammatically represented in Exhibit A and hereto incorporated herein as Exhibit A; and for the purpose of General description herein consist of a) 108.8 acres located north of Olympic Parkway between SR-l25 and the existing EastJake Greens SPA boundaries (Southern "Land Swap" parcel); b) 24.7 acres located on the south side of ütay Lakes Road west of the future SR-l25 freeway alignment (Northern "Land Swap" parcel); and 3) 322.2 acres located east of Hunte Parkway between. Otay Lakes Road and Olympic Parkway ("Project Site"); and B. Project; Application for Discretionary Approval 'WHEREAS, on March 12, 1997, The EastJake Company ('Developer") filed an application requesting amendments to the EastJake II (Eastlake I Expansion) Planned Community District Regulations and Land Use District Map and Land Use District designations of certain areas within the Eastlake Greens and EastIake Trails neil!hborhoods, and areas outside the Eastlake planned community known as the Northern and Southern "Land Swap" parcels ("Project"); and, C. Prior Discretionary Approvals WHEREAS, the East1ake Greens have been in part the subject matter of a Sectional Planning Area (SPA) Plan previously approved by City Council Resolution No. 15199 ("Eastlake Greens (SPA) plan") and Planned Community District Regulations previously approved by City Council Ordinance No. 2317 (EastJake II-EastJake I Expansion-Planned Community District Regulations) on July 18, 1989. D. Planning Commission Record on Applications WHEREAS, the Planning Commi..ion held an advertised public hearing on said project on November 11, 1998, and voted to recommend that the City Council approve the Planned Community District Regulations text and Land use Districts Map amendment in accordance with the findings listed below. 7-1 -- -.----- _.-~--- ---- ----------- _ ___._'w__.___,.,.~ The proceedings and all evidenée introduced before the Planning Commission at their public hearing on this Project held on :s'ovember 11, 1998, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. E. City Council Record on Applications 'WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on November 24, 1998 on the Discretionary Approval Application, and to receive the reco=endations of the Planning Co=ission, and to hear public testimony with regard to same; and, \ F. DiscretiO\ary Approvals Resolution and Ordinance WHEREAS'" at the same City Council meeting at which this ordinance was introduced fot{irst reading (November 24, 1998), the City Council of the City of Chula Vista\{ipproved Resolution No. by which it imposed amendments on *ity General Plan, Eastlake II General Development Plan, EastIake Gre ns Sectional Planning Area SPA Plan, EaštIake Greens Design Guidelines, stIake Greens Air Quality Improvement Plan, EastIake Greens Water Conse tion Plan, and Eastlake Greens Public Facilities Financing Plan; and ado ed a Sectional Planning Area( SPA)plan, Design Guidelines, Public Facilitie Financing Plan, Air Quality Improvement Plan, Water Conservation Plan an ~mprehensive Affordable Housing Program for the EastIake Trails neighbo ,ood. \. \ II NOW, TIIEREFORE, the City of ChulaVista does hereby find, determine and ordain as follows: A. CERTIFICATION OF CO LIANCE WITH CEQA The City Council does h reby find that the Supplemental Environmental Impact Report SEIR- -04 has been prepared m accordance with requirements of the C "ornia Environmental Quality Act, the State EIR Guidelines and the E " onmental Review Procedures of the City of Chula Vista, and hereby . "es the SEIR 97-04. B. INDEPENDENT JUDGEMEl\'T OF CITY COUNCIL The City Council does hereby find that in the exercise of tkeir independent review and judgement, the Supplemental Environmental Impact Report (SEIR 97-04) in the form presented has been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines and the Environmental Review Procedures of the City of Chula . Vista and hereby adopt same. - . ~r~ C. Fr'\'DINGS FOR P-C PLANNED COMMC:\In' ZONE AM:ENDME:'\TS / The City Council hereby finds that the proposed amendments to tbe Eastlake II (Eastlake I Expansion) Planned Community District Regulations Land Use Districts Map are consistent with the City of Chula Vista General Plan, and public necessity, convenience, the general welfare and good zoning practice support the amendments. D. APPROVAL OF ZONE AMENDMENTS The City Council does hereby approve the amendments to Planned Community District Regulation and Land Use District Map as represented in Exhibit B. Ill. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Ordinance is dependent upon the enforceability of each and every term, provision and condition berein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. ~ TV. EFFECTIVE DATE This ordinance sball take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by CC-~~ Robert A. Leiter John Kabeny Director of Planning City Attorney M:\bome'f)laoaÎDg\luis1'cm-9709.CCO - - - ~ ~~5 - ." .... -.-.-,.---.---.-.. ----- EASTI.AKE I ~ --- R~~G Ì' ~ RANCH -: J "'.. -- -. ~ -- ì ~-- EASTlAIŒ ¿' TRAILS -j . _r-.-/ / :~ -- C OTAY RAN::H EA5IlAIŒ VII.l.Aæ 5 ~ HI6H SCHOOL EXIS11NS EA5IlAIŒ GREENS BOUNDARY SOUTHERN LAND SWAP LEGEND * CHlfJ. VISTA COMMUNIIY PARK 1.1 ,/'/;<J PRa.í=CT AREA o EAo'ï':..AIŒ COMMERCIA!. CENTER - . - ADO!'IED EAS11..AIŒ U GDP BOUNDARIES CHULA VISTA PLANNING DEPARTMENT LOCATOR ~~-&k. The Eastlake Company -- C) EXHIBIT A . < PRD.rcer ReJated rzses:tA-97-01. PC~97-04, PCM-9;-16 ADDRESS: SCALE: ALE NUMBER: NORTH No S::ale 877~ h:\homelDlannino\carlD~1I0""tn""\nn"!7n1 "nr 1 nl1.0l0R . EastLake II Planned Community District Regulations Adopted for the EastLake I, EastLake Greens, and EastLake Trails SPA Plans PROPOSED AMENDMENT Draft dated: 3/10/98 Revised July 6, 1998 Revised August 1, 1998 Revised August 30, 1998 Final Draft: October 1, 1998 Text Added: Underline Text Deleted: Strik~ol2t wtIP-,: , Project Sponso:r: The EastLake Company 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Contact Person: Bruce Sloan (619) 421-0127 Prepared b~·: Cinti Land Planning 2932 Poinsenia Drive San Diego, CA 92106-1128 Contact Person: Gary Cinti ~ (619) 223-7408 J~-3 EXHIBIT B -- -----------,...--~ 'M'_'U' ____u_____.________"'___ _ ~_ -.. TABLE OF C01ITENTS 'Pao.:. :n,"!'RODU=::ION iv SE::':ION - GENEP~ PROVISIONS :.0 Pu=?~se and Scope.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I·~ - . ?=:'va~e Ag=eemen~s............................... :-1 -' - :.2 Repeal of Conflicting Ordinances....... .......... 1-1 :.3 Es~ablishment of Land Use Dist=i=ts....... ....... 1-1- :.~ Cla=ification of Ambiguity...... ......... ........ I-3 - Ef:e:::-:s of Regulations........................... 1-3 -. - :.6 En:o=-=emen:... . . . . '" ... .... . . ... .. . . . . . . . . . . . .. . . I-3 :.7 De::"nit.ic:ls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3 .- SEC::'ION -- P~S¡DE~~IAL DISTRICTS ::.0 Pu::pose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11-1 ::.1 Land Use Dist~ict G=o~ping....... ................ 11-1 ::.2 Pe:1!'.i t ':ed Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-,- ::.3 Proper~y Developmen~ S~andards: ?.esident~al Dis~=ic~s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-3 ::.~ Per:D~ance Standards: Reside~~ial Distri=~s.... II-7 .:..:..~ Accessory Structures: Residential Districts...... II-9 :I.6 Walls a~d Fences: Residential Districts. ........ II-9 :I.7 Sig~s: Residential Districts.. ......... ......... 1I-10 SEC'!":!ON ~-- VILLAGE CENTER « COMMERCIAL DISTRICTS --~ :::.0 Pu:::-pDse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1 ::¡!.2 Pe::;r,i ~ ~ed Uses: V'::" ace CentQ..... Dist""'icts. . .. .. . . I1I-1 . - - ::I. 2 Property Development Standards: Village Ce:"lter D~s~=~=ts·2···············'·"·"..·".""".' III-5 1·0/0'-/98 Jz:J: '9~ Þ Chapt.er I: - Se=tion II. 3 r" i EastLake II SPA Pla:1.s -.. Pa=G. ::!. 3 ?e=:ormance Standards: Village Center Dis:=icts :::::::::-5 ~ 't.oco:!"Trd t-ted USoÞS: CommCl~~ial D~g·~icts :::-7 -~-,5 P-~~ø~tv DøvøloDmø~~ Standa~¿~' Comlno....~~ a"! D"strictg 1ï;-,O ~ ~CI-~~~an~o Standa~ds; Commø--';¡;] D"; s-r.-': --5" , --... ~. SE:::-:ON :v BUSINESS CENTER DISTRICTS :V" 0 Pt:.:.-pose...."... . ." ... .... ... ...... . .... ... ..... .. IV-' :'...i.l ?e=mitted and Conditional Uses: Business Cen':er Dist.::icts. . . , . . . . . . ' . . . , . . . . . . . , . . . . . , . . . , , , . . , . . :V-2 :-~'" 2 ?=operty Developmen,: Standarås: Business :e:lte= ~i.s~=icts. . . . . . . . . . . . . , . . . , . . . , . . . . . . , , . , , . . . . . " . IV-6 - :\7" 3 Pe=iormance Standards: Business Center D:"s,:ricts IV-7 SE:::-:ON V SPECIAL PURPOSE DISTRICTS ':.0 Pu:::,,?ose. . . . . . . . . . . . . , , . . . , . . " " " . , " " . , . . . " " . " , , . , V-: .. Pe~itted and Conditional Uses: Open Spa::~ . - Dis,::-i::t.s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . v-: ~:. .:! Pe~.icced and Condicional Uses: Quasi-Pub~ic, Futu:-e Urban and Community Þu~~s~ ~ac;';-v Dis:ricts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-2 -\~. 3 Aàditional Community Purcose Facilitv D;s~-ict ?"eC"U.lation!;. . . . . . . . .. .. . . . . . . . . .. . . . . . . . . . . . . . . . . V-3 V.';'.i Pro~erty Development Standards: Special P\.:::pose Districts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-3 -:.+~ Signs: Special Purpose Dist.ricts........ ........ V-3 SE::"':"!ON y: SPECIAL USES AND CONDITIONS \-:.0 Temp::>rary Uses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-l - - - \-: .1 Home Occupations.................................. VI-3 ~~7,. Chapter II - Section II.3 :!.O/C:/98 ~~ EasCLake II SPA Plans . _ --...-... ~,-.,". ---~~-~ ------------------ V:.2 Re::::-eational Courts.............................. VI-~ Paa~ '::.3 Ke~~els - Commercial and Non-:ornmercial.......... VI-5 .~.: . "- A=cades. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VI-S SE~:ON \-~ COMPREHENSIVE SIGN pæGtr~=IONS .~-::. 0 Pc.:::-pose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . VII-l "It:: .1 Pe=mit Requi=ement ~~d Review.. ......... ........ .VII-I V:I.2 Sign Regulations................................. VII-7 "'1:::.3 Sign Design Standa=ds.. ....... .......... .... ....VII-IO SE=:ON \-::II OFF-STREET PARKING ·::::.0 Purpose. ...... . .. . .. . . . . . . . . . '" .. .. . . . . . . .. . . . . VIII-l -1.-::: .1 General Provisions............ ................. .VIII-l V:II. 2 Schedule of Off-Street Parking Requi=ements.... .VIII-2 \·::I.3 Property Development Standards: O:f-Street Parking......................................... VIII-7 ·'::::::.4 Pe==ormance Standards: O=f-S~=ee~ Parking...... VIII-9 SE==ION IX ADMINISTRATION :LO P.u:-pose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I);-1 IX. 1 Standard Procedures...... . . . . . . . . . . . . . . . . . . . . . . . IX-1 :L2 Aàministrative Review...... ............... ...... IX-1 :X.3 Site plan and Archite=tural Ap~=oval............ IX-1 IL~ Other Provisions................................ IX-2 EXHIBITS Exhibit 1 LkND USE DISTRICTS (Adopted) vi . . ~ Exhibit 13 LAND USE DISTRICTS (Proposed) vii ~~y ... ' Chapter II - Section II. 3 10/0::"/98 l~.1 EastLake II SPA Plans W'l'RODt1CnOR ~~~se PlalL~ed :~mmunity (PC) District Regulations are adopted pursuant to Title H Zoning, 0: the Chula Vista Municipal Code and are intended to implement and --, i.:=..:gg~ate ,:h~ ~hula Vista General Plan, the General Development Plan, a.'1d the S~=tional ?:a..~ing A=ea Plans (SPAs) :0::- EastLake - . Salt .........cook T EastLake -. G=ee~s and East~ake Trails. !RefA.... to EYJ1;bit 2 in Cha'Cter I SD~tion T.1) These re:Jlations set forth the development and use standards for all property within EastLake , Gconeral Døvelonmen't Plan Arøa rlS:r1_.._!! :eft'lftLWi'..":' ::} :J':'S'E_':'_:: by -~ es~al:>lishins: - se:.backs; - building heights; - ?arking requirements; - :~,dscape requirements; - ~se restrictions; - ~ir.~l regulations; - ¿~~sity of development; - lot size, width and depth; fe~cing requirements; and, - si~ing regulations. ":b.e PC District Regulations, along with the va:-ious SPA Plans, àelineate pre:isely ~~e allowable use of the proper~y. T~e ?: Dis~=~== Regula~ions are organized into four basic land use distric:.s: - ?esidential; - ·~·:"2.lage Center and Comm~r~~a'; - 3:.ls':'ness Center; and, - Special Pu:pose. =:.._:. -= ~:-____ =___ sa!!!':: ':":'.3':_':'e=_ ':'s :: -- :..._- ~_8J..e:... á~..u ":'u:.e _:-__':':":'e :afl.å _3_ a:._____:..... . :-::.:::"~:.::=::'a" :"13.::= ....=: :)':"9=::"==:::¡ -- - :'.__":'=.___:.':'a: =9';5.':_ - ::":'9:'_':'_': .. - - -- - 2:. s":' å....::::':' a: :.:..~!:e. :'a....:..:) : :J":':¡¡':_":'e: --. - -- - R__":'e.......:'':''e.: :':'5!:_ :aF..":":) ":' D':"s,;_':'e;t .-. -- - ::._.....:..à_..:..:.a: l':~._è :!I:"._~þ:' S ::-'::3';._:'::' --- - -- . - 2__.:.à.......:...:..a: :-:a.._.e.à :su__þ'E 3":'s':_':'....:' ... -- -- ...- -- 2:.s':'à_...:''':'a:' :euèeH1..:.....:.~, :8 :Jis:._':'....t: .....- -.. ~_s':'à._....:.':'a: :5!\åsm':"u':"!::Mr. :s: It':'s:._':'_: -.- -- ....- ...- ;:e....':'à_u:.':'a: :e....åe.ft'I..:.......:.Li... :: :J':"s~...':"_~ ~.- -- --~. -- ::_B':'à_..:''':''a.: :1t:!.::':' :-afr''':'':J ZS :¡":'s:._':'_:. .'- --. -- - , -.. .. ::__":'à_..:.":"a: :1t:!.:t':' :-affi::':J 1 ~ 3":'s';_":"_:e _.. -- ¡þ/I Chapter II - Section 11.3 10/01/98 iv EastLake II SPA Plans - ------_._-_._.._.,..~._._- ..--.-,.---- ··=-~~ae= ....::::':.=: :'3.::::: ..g= ::;:':1'::-:'=':.::1 ..- "1':":: a! _ :_l"J.~__ :sffiffi___ia: ~i9~_':"_~ · - - ..- ~ ":':":~a!_ C_R:':'_ :J::':"e_ =':"_':_ie::t. · - - ... ":':"::a!: ::.s:._:- S_~~8=:' :~s:'_:_t · - - :;''':':-:''l!:J.::3= =:'..':::=- :.:.:-::: ":;r::= ::;=-=-:::=':. -- 3~_':"u___ :_fl~__ :1a..Id.:a_,:__:l"J.! :'a_:. ~':".!H:_':"e~ -- - -- . 31d.9 . !'1_SS =_Rt.__ r:afu:!.: a _:. __ ':"n! S__.':"::_ ::":"Së._':"_': -- - :-===:"2:.'" :':":!.""B!!S= :'3::::: ?~= ::;:..=':.::..=':.~ -- - :)þ_u £19a:::. _ :;:'et_':"e::. -- . Oþ:'u :]!.aee : ~:9t_":"=:. -- - -. - eþ_.. :~ae_ - ::!":"st_":"_:. -- - - -- Jþ_u :13a__ =":'3~_":"_t -- -- - :-~_.. :~a__ : =.:.s:._..:.....:. -- - -- - =-;_u :~a__ : =..:.s~_.:._~ -- -- . J~_u :þae_ .... ::s:._":'_:. -- - :~::= ~a_::":'t.":"__ :':"9~=":"_:' -- ~~a_':" -. - - ~~:.__: ~_~a& :::_:._..:.._:. - - ~ - - ~.-- /0 Chapter II - Section 11.3 lO/Cl/.98 v EastLake II SPA Plans -. r-~¡-;,--:! Land Use ¡......=> '.. ~ .. '-r--. I RS-ó ..J.....::v 0, , ··<'~~~?~II~:::-__.::=::.: Istncts ~. - oS: -..::>~ '-,I ( RC.22 1.--- _ .._ ._. _ . . '.- 05-' \~~' ~I r, .....~_.:.~... -. - ,~" -. .... - -.. ... ,'.. -... .. ..-.. \..--......._~ '--.. RE·3 y.O...,,-"/"""": ',...i~'~'O~'...i , ' /' \05-'\ ,--,);, '~" '\"'$ (7~ . \\ RE·3 I ¿....-=:::--,l,RS-ó I/,,}^' ,-, \' ,; /1 -,,' \ / // """, 1/;,. -.'IIRP.'3" \..- -j , '- .', I (~ ¡ 8~ I \"'\ 1 ,t?.S--,\ ~~J(.f~7' ~-)I\~\ BC-2 Jþ=; : \'1 \:../ -.\.\ \ ?~7\!..,j/ f' ~05-2 Cjr BC.;.::': I \ '-,,=9 /;. I \ \ ac.2 I I, \ ~ ) P.S-~¿ o~ IU~ \~ Æ~'~~ I~ i 05-2 \-U ')?;~'0Í/ ........, ì..,.¡J~--':-ì r-I ~'~ -/..r\v'=-7 L------., II ì 1C22 '.__ \ I _,- \ . F.' " " 05-' (/"y" RP-.'I ~" .) RP-.'I \05-3\1 vc., \€~c-"'\J.~:::: -;;;;...... ."-., ... ~ /j os., -", I I \ \\VC-ÿ=-~_ RP-a """-~, ""1,\\ . 1\ )....--~.... ....... --, "... 1', :\0// :. ((¡,,~~ '><'~o~', ';, './.' ". ,'- 11\ 0/--- 1,1 /RP-.'I -"'-'1))(' '" -': . -,Þ( III I I ¿;=::-'l"~ / ,I //~ F., " RESIDENTIAl. ~~<:11" . vt:-3 ¡ ~/ I L ~ §f~./ f{ vc-,":::::-- ~ I;.........F:+ -.... . /..-.- RP~ I / ~ ) _ 'RE-3 Resloen""IEsuue.3D.stn:t '-':: :11 I -.....//.::;;//\ /-i I,' ~,ç ':-'oy::X:-31 ':::::, I RS·S Resloenual:stateS:JJstn::t II 1// /":-1.1 ( ,_,/ 'I IRC-'5)"::.<.......~~ ...Ie---- : I' ....-.., .__ I R5-7 IResloenua' Single Family- 7 Dlsln::t : 11 Ir-,' ,o~, I "S~ I'_JI -....." \ I II ,\......, I ' \\ ' I RO·B Res:oenlial Planned C<ln:e~I' B DIstn:: os-< \ \'!P-'" I P.S-1 I ,_0/ J 1/ RP-e _ \ .\ I R:::·'O Res:oenlialConoomIIl:U:TI·'OD,sln::t :I¡I II I~-_,: 11,..--" /1 05-311 ~--- ~ o~ ~~ / o~ / J : I RP·'3 Restoen""IPlanneoCon:ept-'3D.stn:1 I' ¡'-,.;:;r-...... ....-l\-.-::::::--......... / RS-' \ - " RC-15 ReSloen1:a' Conéomll'llum·'5 D.stnct . " IR:-Io¡t-.... ~ ~, ,,~ ..-\ RP-e ,If"o/ I .., OS.2 " I' -< ,.....-, .....- \ "'"' : ".C·22 esloen",,1 ConoolTllII:um· 22 DIstn::t If', ,0¡-3 r- IfP;I I , _ '~" , / ¡...... 05-7 \ .\4·25 Resloen"",Mulll-family-2SDlstn:t I ,X, h'o~ II \ : P.S-71 P.S-7, '....-'>:~,I "_I) \ : tRM-« ROSJ:..,¡'Mul1i-famíy·~D.sIn:t :tRM-2S'i~_-:\\ \ '_-<', ~'RP-a\, RC-,S) Rs.-S 1 \ 'Ir--- V_3J \\ ,os;.....,' , ' \', , /_\ I , .\\. y R.>7 \ \ \ ,", "" ~ VI1.LA\õ¡¡ C¡¡NT£R ,L Vc¡.:I ,"'~, (~:>o,. ~",..-'-"', II \ ¡ RS-S" '--&f ~~ i \ ,VC-' VIIIa.,eCen,e,·West =~--,/ "- ~ P.S-S· : I r'r¡,<JS.t. ": I.. I V:;;·2 ViUa.,eCenter-:as: 0 ~ v~~~~ \ \'J/,//,{/', ':~\ RS,7 _~/- I V:;;-3 Vi::a.,. :;;ente,· Sou::: 05-3 /~ ~ \... _/ /,/ fIP \........;;;::;-" v ">-- rnt:-,o -'i' '.....£- r , ',RS-5 ..__-=.;;:::::. ~ ~ \ 3USIN:SS CE"'TER " " í' RC.'O .-:fr <..." J 8:'1 IBuslness Center. Man.t.a:turing park,DiStrict RP'..a~~.'J ~ ~:1;d 9:·2 ISuslness Center - ManLt.a:wnng Servlce=>zsU1ct 1'\1.....~- ~--;:::.......- -- SPECIAL PURPOSE 05-' Open S;;a:e· , Distri::! 05·2 O;>en S~a:e . 2 Distn:: 05·3 Open Spa:e . 3 Dtotn::t OS.. Open Spa:e -. Dloln::t 05·5 Open Soa:e· 5 Disln:: 05-6 Open Spa:e - 6 Dlstn::t 05·7 O~en S~.:e -7 Distn:: F·' Future Ur=an Dlstri:t rf':'-II r:...~. ¡"¡""C'. , It.,- I'~. "';~t,,""f (')~r!p.v (~.,.~,... ~.'4';M" " '1 r" ;f! pt, r>ic-' R,,'"'C' . , '~EASTlAKE 7 _ ŒJ~ ,:., P..Mr'Ð ~ Irf EAS11.AX:t D€VE!.Of'M:NT C::l j¿f;J9;/ / '/20/98 ~...:;:;¡"'=, - . _, o. -- -~---~------- ;~1~), R5-5 } ~ -. Land Use Districts ,.~~~'..æ.rlr Proposer. . -~""'0..""~ '",.( RC-2211 \\---......-f'~-' \ R~-3~'y:"-~~, 'G c;~ . \ " , ,..--, //~,' ...." 'I . \ R~-3 / '\..'-- I ?5-5'" ~' '\ , I /.___-''''=h.. ,. I~ RF-'3' -<'\ \ f ¡;/ -J .~ \'~ BC-2 \f:~ f"'\,\ I ,7 \ ~s-< -J, ð--- ,\ J ~ \-./ ",OS-, \ Q .,.....,,(J FJjI \ \ '\' BC-2 '.,,- BC-~ BC-2 '\ ., ~_.1.p æ:.:s \ \ /.' ?~.r- 'Is-<",,,,'ì los-o_ ~5-5 .,,';.(o~Q t.~"'\0) ~ _J~~ 9 h~ \'-/ ~1.7 n~ì '-'t'-"\ -""- - ~ ~ :r, { " \'".<i '" ì' ~"-, ~ __ '-i~ RC-22 /, I I \'....'.... :(ì~ y- ,'l' .--E "::, ...J RP-B \0'" \\ vc-, \\~ ."',\\ ;...,:-_ ........ 0'" 11 " /1 I \VC-2 ~-"",-_ .._. "- II ,;' os-, " I \ z-"""~ow --", ~ 1/ ,,'\-', ~\ ....-::¿,((.;:,~-..,---"." '~ ¡:.; J! v-:/-/ 11\ f 1 RF-þ--~ ;... / //~ 0"'"'\2 ......\ VC-3 I I ,,; Ii:(' ,,/ '/ ,i ro..~..-, /1 ()..17 R~"!.l1ì-~.~i ~~~~~ ' I .....r ..../^ , r f ~' RP.SI. RP.t3 T~-' 05--4.....'" I" I.v ~- 11//' lIo"'..ll.. \..... I I ,RC-'5 r....-".n---........,¿;-{ QS-<t /~- '" FA Y \ Ir--..I ',0../"'-: : J '.......JI ).1 ~ t'/ " I '-..¡I ~,\...... I IRs- P R5-5 \\ ~ \ ."'" R5-7 I.....", tJ \\;:, . '\.. II ~ \\-.-:_--.J Q~ II··.... ,\;::---^\ r-- ~ " Os..3 . I \L._...._ ~, ftP... r "\ Ii . oS-< --,r~...... ~"'="1r:::::.-,..!..t.",,,v.~ l , 11.",.. 11-..., ~"....,~ Z;.¿ \' os-< \\.",,,7"':'~J¡<--\ ~ 0'" r' 1f---11 I 1=-, , ~ \~ '^" I ),!...- ~ '0 II os-< II"~ : R5-7 [ R5-~, ''''~X '~ R5-5 é' '1J'\'u J '..,¡ \\ \ I ')0- ,,,,~ ~~ "" I I - ·FRM-2~' t'tp-Q r..~ " '----_', r""""\ -e·~",.P." "~~" J I . I I \: ow "\' \ '''" // I I ',I ~ '~5-7, ,\ ',,, \, '-' RESIDENTIAL I!LPC-\'~F~(RC-'OJ~\ II i ¡ R5-5') '--ì:t R5-5 )0"7 R_tialEsmt.. r - ~v ~~?5-5 \ I J / ~\ ...J_-..=' R_ISíngieFamlly ~ II ~~ '\ ,os-<~~ 'f:' 'J....,.-,// ¿ ,'-......:-~- '--.~ F- \' ''\ '" _~ RF-'3 } R_''''-"-F .Iy ..--,. "" \ ,/ ~ _.JI-' " ,. ,"--0S.7 { -........ ami ~ ..... -..::-..". ~ .......Þ;~ R_tiaI Ptannod Concept ; ~\. \'\ '\~', ?5-5'-'== );''''' i!-'v, L R_ISmalllot cl J..:: \.'\ 1\ ?M-25"~', í ;;;/C-~/. ..., R_tial Condominium <:;.9 "\..,~ I} , .-.!, --: '......-'\... 0"'/"'-';-_ R_I~nnedConceøt -..;:;:,,--._ ~...- R_, Condominium Rosidontial Condominium SPECIAL PURPOSE Residential t.l!.Cö-Family 1 Open Space R_¡ M<Ati-Family Open Space VILLAGE CENTER & COMMERCIAL Open Space 1 V~1aQe Center Open Space Village Center Open Space ~ eem. Open Space F_y Comm......¡ Open Space PA Professional & Administrative F.mn Urban District BUSINESS CENTER PI.Üc ~l.tJfic Dos1rict gmBusiness Center - Manufacturing Pari< District Comm.nty Purpose Facility . (GH) Guest House land Use Disbict Bc-2 Busmess Center - Manufactunng SeMce District (R_ to Section 11.30 in PC Disl R~ Exhibit 1 a - ..êE4STLAKE II ~-/.z ~~[1J A planned community by The EastLake Co. I ~ï'0.3-98 -. SEC'1'ION I: GENEP~~ PROVISIONS r.o Pu..-poBe and Scope Fo~ ~he purpose of promD~ing and protecting ~he public health, sa:e~y and welfare 0: ~~e people 0: the City of Chula Vista, to safeguard and enhance the appearance ~,¿ quality 0: åevelopment of EastLake !~. and to provide the s~=ial, physical an¿ economic advantages resulting from comprehensive and order2y planned use of la..-d. ::::esou:-ces, these Planned Commu.~ity D~s~=ict Regulations å::ining land use è:'s:::-ic,;s a."l::: regulatio:ls within ~hose districts a-Þ hereby established and a¿=?~ed by the City Council. 1.1 P=ivate Agreements The p::"ovisio:ls of this ordinance are not intended to abrogate any easements, cove:..ants, D~ o':her existing agreements which are more rest:=-=tive than the provisions 0: t~is ordinance. 1.2 Repeal of Conflicting Ordinances Whe:1ever the ?=ovisions 0: this ordinance impose more restric:.:'ve regulations up:::~ c::>nst=u~-:ion or use of buildings or structures, or the ilse of lands o~ p=~~~ses than are imposed or required by o~her ordinances previously adopted, 'Cbe provisions 0: ~r.is ordinance or rules or regulations promulgated ~ereunder shall gOVE::-D. 1.3 Establishment of Land Use Dis~=icts , Divisic- 0: EastLakÞ IT into Land UsÞ Dist~;~~s ~. !on oråe::- :'0 classi:y, regulate, res':rict and separate :.he use of la..'1d, b~ilåin=s and structures, and to regulate and limit the ':~?e, height and ~ulk 0: ~~ildings and s:.ructures in ~he various districts, a:ld to regulate the areas of yards and other open area abutting and betwe~~ buildings and structu:-es, and to regulate the àensity of population, EastLake I~ ~ is hereby ¿i~ided into the following Land Use Districts: RÞ~;dÞ~~~al Land UsÞ Distri~ts R£-3 Residential Estate : :-.:.-':- e:': ?S-5 Residential Single Family : :-.:.=:.-:.-': RS-7 Residential Single Family ":' ~':'s:._':'et. R?-8 Resiàential Planned Development : :;':'!!It_i_t: R?-13 Residential Planned Development :: :;':'09':_':"_': ??-SL R"'siden~ia.' Planned DøvÞ'o~mont RC~10 Residential Con~ominium :£ D':"s':_':"_': ?'C-15 Resiàen:.ial Condominium :: ~':'s~_:'e:': - ~ RC-22 Residential Condominium :: :;":'s':_':"et ?J1-25 Residen~ial Multi-Family :: D':"s':_':'_': ?¡.¡-~~ Residen~ial Multi-Family : 1 :;':'s':_':"~t /M r-J) 20/01/98 1-1 2 -~- - - -_.....~--,-_._-,- ---.---.----- " Villa~~ :~~~e~ a~= ~~mm~~=ial Land Usø Dist~i=~s VC-l villag~ Center t1_3t :J.:.3':_.:....t VC-2 Village Center tast D~s~_':'_t VC-3 Village Center £6~~~ ~~s~_':'eE ",.. Fr~ø~2V Cðmrn~rcial ~ EA Pro~ø~s;onal and Adminis~~ative 3usinø~~ ~ønter Land Use Districts 3r-' Busin~ss Cen~er Manufac~u=ing Park 3~_~_':'e': BC-2 Busin~ss Center Manufac~uring Service ~·S~_~:~ SDØC~ a ì Pu~oge Land USA Districts OS-l Open Space : :J':'.9~_':'e'; OS-2 Open Space 2 B~st_':'_~ OS-3 Open Space : :J~sÊ_~_~ OS-4 Open Space . :J:'st_':'_': 05-5 Open Space : =':'!!I'E._':'_~ 05-6 Open Space : =.:.s~_ ':'e~ 8S-ï Open Space - :J':'S'E_':':;~ ?Q-l Quasi-?ublic Facilities =~st=~et FU Future Urban B':'st_':'e': CPF Commu~~tv PUrDose Faci'it;øs 3. A¿ODt~~~ ~f Land Usø Districts - MaDS Said several Land Use Districts and boundaries of said Dis~ricts and each ~f the~ hereby are established and adopted as shown, åelineated and desig- ~ated ~~ ~be EastLake II ~lannAd Communi tv Dist-ict RØau~2-ions Land Use Distr:"=~s Ma? of the Ci ty of Chula Vista, San Diego Cou."l~Y , which map, :.oget.~er 1,\,"ith all not.ations, references, data, åistric~ :,ounåaries a:1d ot.he~ ~~:o=mation :.~ereon, is made a part hereof ~~j adop:.ed concurren:.ly here~':':':: . ~ ?i' ~ n= ~. The or:"ç:'nal of the EastLake -T e=:':'e:!.a~ t:>lannDd Comm'...l-itv Dist-;ct J.~ ?eoula-~o:1s Land Use District Map shall be kept on file with the City Cle~k ~~d shall cO:1stitute the original record. A copy 0: said Map shall also be =~led with the Planning Department. D. ~hanoø~ ~~ ~hA Lan~ Usø Dist-ict Mau Changes to the bO'..l."1.daries of the land use districts sha.ll be maàe by oråina...j,=e and shall be reflected on the EastLake U C:':':'_':'a: Plannød Commu-. ~ ,:v Dist....ict RAoulations Land Use District Map. Minor changes resul:.:'~g :rom the approval of a tract map may be made to the land use distri=~ ma? as an administrative matter. - - , 7 -/1 kVJ Chapter II - Section II.3 lD/C:!9B I-2 EastLake II SPA Plans ~ =.~ :~a=ifica~ion of Ambiguity == ambiguity arises con:e=ning the appropria~e classi:ication 0: a particula=use ..,.o:'-:::::'n the m-aa..'"'ling and intent of this ordinance, 0:- if ambig"..:i ty exists with =es:Ject to ~~~~ers of height, yard requirements, Ãrea requirements or lanò use ~st:-ict bou.,~:-ies as set forth herein, it shall be the duty 0: ~he Directc= of ?:a.::.::.;"ng to ascertain all pertinent :a:::ts and forward said findings and =e=~endatio~s to the Planning Commission, or on appeal, to the City Council and i: approved by the Commission or, on appeal, by t.he City Counci~. Thereaf':.er, ~e established interp:-etation shall govern. s=.=~= any provision of ~hese regulations conflict with those :;: t.he Municipal C:;.::5.~. the =e~irements herein shall apply. I.S E=fects of Regulations The ?:-ovisio~s of this ordinance governing the use of land, buildings. and S~:-'.;=':.u=es , the size of yards abutting buildings and s~ructures, the height and b~:k c: built~n9s, the density of population, the number of dwelling units per a==!:, s~anàa=¿s of perfo=mance and other provisions hereby are åeclared to be in e::~=:. upon ~ i 1 land incluàed with the botl.""ldaries of each a..'"1d every land use ~u è.:"s:.=:"=~ es:.a=~ished by this ordinance. :L6 E.:lforcement J... Enfo~::aman-:: bv City Officials The City Council, the City Attorney, the City Manager, :.~e Director of ?ublic Safety, the Building Official, the Di:-ec:.or of Pla:::ling, the Co=y Clerk and all officials charged ...d:.h issua..~=e of licenses or perrr.:' ~S, shall e~:o=ce the provisions of this ordinan::e. Any pe=.it, ce::-tifica:.e ~= lice~se issued in conflict with the provisio~s of this o:-dinance s:-"all t>e void. B. h.:::-::";o:-,c:: :J.:oamad a Nu";sanco=o A-~y b~ilding or structure erected hereafter, or any use 0: property con- t:-ary =0 the provisions of a duly approved Design Review, Site Plan, Variance, Conditional Use Permit 0:- Administ::-ative Perrn:.= and/or this ordina.....,ce shall be and the same hereby is declared to be unlawful and a public nuisance per se and subject to abatemen:. in accorë~'ce with local ordinan:::e. C. ?""'møè.'¡øs J..1l :-eme::ies concerning this ordinance shall be cumulative and not exclu- sive. ':'he conviction and punishment of any person hereu...,õershall :lot reliev~ such persons from the responsibility of correc~:'ng prohibited =onditi~~s or removing prohibited buildings, st.=uctures, si~s or improve- -- rne:l~s, a:ld shall not prevent the enforced correction or removal thera.o-F- ~~ð Chapter II - Section II. 3 J..O/C:'/98 I-3 EastLa);e II SPA Pla:ls ---------"---- ----~-----------~-- -- ------- -. ~ ?e:1a2.::!:s Any pe=s::m, part.ne:-ship, organization. firm '''' cOlpora::ion. whethe::- as . , , agent, employee or otherwise, ·violating any p::-ovision of ~his pr~nc:.?a._, ordin~'=e or violating or failing to comply with any o::-de::- or regulation made hereu."1der, shall be guilty of an infract.ion and, upon convi:::.ion the re:::;¡ f , shall be punishable as provided by local ordina..."lce. :£.7 De::initions :== ::he pU~~5e of this O::-è.inance, cert.ain words, p:-..:ases and ~e~s used herein s~a:l have :'~e meaning assigned to t.hem by Title 19 of the City of Chula Vista 1>1'-"..-:i:: i pa 1 Code. 1o::'1e:J. :lot in::~ns~stent wi~h the cont.ext, worås used in the present. tense incluåe tb.: ::uture¡ w::Jrds in the singular number include the plural; and, those in the ~J.~=al numbe= incl ude ::ne singular. The word "shall" is mandatory; the word "r..ay" is pe=r.::'ssi ve. 11.:::: aspect ~- land use regulation within EastLake :¡ Gon::!."'a' Dove'qcmønt Plan ~-ca no': cc·,rered by these district regula::ions or subsequen~ plan appro......als, s::s....:....:. .:>e re=~:a~eà by ~he applicable sec~ion of the Chula Vis~a Municipal Code (::-,ry~:) . - - - ~r/~ Chapter II - Section I!.3 10/01/98 I-~ EastLake II SPA Plans SE=TION II: RESID~~:AL DISTr.:CTS ::.0 Pu..-pose :~ addition ~o ~he objec~ives outlined in Section I.O (Purpose a.."d Scope) , :.h~ ?es~dential Di5~ricts are included in the Planned Community Dis~=ict Regula~ions t.o a:::hieve ~he following purposes: To rese~e appropriately located areas for fa~~ly living a~ a broad ~~'ge of âwe::~~3 unit densities consistent wi~h the General Pla:. and with s~~~d st.andards of public health, safety a.."d welfare; To ensure adequa~e light, air, privacy and open space for each dwelling; To miI:!..imize traffic congestion and avoid the overloading of public services and utilities by preventing construction of buildings of excessive bulk or number in relation to the land area around them; To pro:.e=~ resiãen~ial properties from noise, illuminatior.., unsightliness, odors, s~oke and o~her objectionable influences; and, To =a=~litate the provision of utility se::-vices a...'"'l::' other public - :aci2.'::.:"es commensurate with anticipated population, dwelling ~~it densi~~es and service requirements. I::Ll Land Use District Grouping To =acilita~e :.he establishment of permitted use and developmen~ s:'anda~ds w~i=h a=: applicabl,: :'0 more :.han one land use dis::rict, land use ~=~ups are he::-e~n es:.=-~li.shed. The following land use groups a~~ estaì:Ùishe::' and shall be ide:::.ified by :.b.e desig:1a:'ion indicated below: :"2..'"1::1 Use Land Use District G~ou~ ~ce~~a~~on -':'lcludø.è ,~ G~OUD ?E RE-3 ?S RS-S and RS-7 RP RP-8, RP-13 and RP-S:' RC RC-1O, RC-1S and RC-22 ?.M RM-2S and RM-44 I!. 2 Permitted Uses ::~e :ollo~in; uses shall be permitted where ~he symbol "P" appears and shall be pe~~=ted subje=t to a Conditional Use Permit where the symbol "C" appears. Uses """l'le=e :.he s~ol "All appears shall be permitted subject to an Administrative Re....-:.e....·. Use~ ~hø.re the sYmbol "N" a.'QDear sha' 1 not b. D@rmitteè Uses wh,cr.re ~hA SV7:'=~ ~ "a" a'::~<Ea:-s are o~lv uA:!"mitt,cr.d as an acc:esso=" us. to a ~asic "Oø.::"m~ttcd -- ~ - - ~/J? 10/01/98 II-l "- ~------~--^- ----"--------.-- --- ~o,,::J Us~ :'an::: U~ø '3::-::':1':) R;; ?" ~ ~ EM = A. pøsi àø...-': a} Usøs 1- S~n;le family àwellings p ? P P P 2. ~~~lex åwellings N ¡: p p ? 3, G~~5~ dwell~ngs or accesso~y l~¥ing ~.;~=':.ers A N N N N ~ . M=~ile homes on individual lo~s ~hi=h are certified under the l~a::ional Mobile home Const::-u=~ion and Sa=e~y Standards Act of 1974 p P P P P 5. Group resiãen~ial, including but not :i:r.i ted to, boarding or rooming homes, d::=mit.ories, and retirement homes N N C A A 6. ~~:::iple åwellings N " A P ? -, 7. T~~~ouse àwellings N N P P P 3. AC'...-ic:c' -'...:-2.' Uses , ~21 types of horticulture p ? P P ? 2. h;ricultural crops A A A A J.. 3. ~_~iwal raisi~3 or grazing A N N N N ~ . ::eeping of three (3) àogs and/or three 13 ) cats (over the age of fo~= months) p ? P P P C. ~~~'i= 2~= Ouasi-pu~'ic Us"'"s 1- Day nurseries, day care schools and nursery schools :e~. e._ :: e:-.':':":'_ _u: ... C ~ C C C ~ (C...,.¡ ldren_ undor ] 2sub;ec:t to C" tv S-a~da.:rds) 2. Co~valescen~ homes C C C C C 3. C::::;::-ches, convents, monasteries and o~her religious places of worship (subject to requirements of Section 19.58.110 CVMC) C C C C C - - - ~- l¿r Chapter II - Section II.3 lO/C:!./98 II-2 EastLake II SPA Plans -. :..~:-:~-~ Land ~Jso:. ~""'':I'._r:) ~ LS. RE E.:: Pl:1 4. Essential public services including but not. limi':.eè :'0: schools, lib=a::-ies, museums, pa::-ks, public works facilities ~,d othe::- civic uses C C C C C 5. ?ublic u:.i2i=y and public se~ice substations, reservoirs, pumping plants and similar installations C C C C C 6. ?e~=eational facilities including but not limited to: country clubs, tennis and swim clubs, golf courses, racquetball and handball. (Sites for such facilities which are 2 acres or less in size shall be subject to Administrative Review only.) C C C C C 7. Rec=eational courts, including but not :imited to: :.ennis, basketball, and ~imila= uses ¡, ¡, A ¡, ¡, 1;. R~mc O~-u~ations , ~ome oc=upations subject to the pro- ¥isions of Section VI.l ¡, A A ¡, A _. .l1.ccess:::)'~ Uses , h=cesso~ s=~ctures and uses located =~ =he same site as a permitted use ¡, A A A ¡, 2. ~==essory s~=uctures and uses located O~ :.he same site as a conditional use A A A A ¡, - . ,!,øm'Do-a~r Uses 1- ~em?ora~ uses as prescribed in Sect-ion VI.O A A A A A !!.3 Property Development Standards: Residential Districts J... ~he following Property Development Standards shall apply to all land and ~uilè.:":1;s, other than accessory buildings, pe=mitted in ~heir respec~ive ~esiåen~ial land use districts. The use of the symbol liSP" indicates ~hat ~he s~~~dard is es~ablished by the approval of a Site PlaniTantative T~ac~ ~. Dimensions and standards a=e minimums. Minor va:::-iations may be permi~~ed subject to site plan or tract map approval providing that the ~inimu~s specifieå herein are maintained as average minimums. Lot widths - and åep-;hs are herein maintained as average minimums . Lot widths_a"d depths are typical minimums but may vary sligntly with irregularly shaped lots and site specific conditionS~The parking standards for a pla~'ed ~ "'/1 Chapter II - Section 11.3 10/0:'/98 B-3 EastLake II SPA Plans -- -~,- ..~._...,-_.._...-_.-._._-- _..~.._-~---",._--" Se:nio:- ::-::zen 0:- "a:fordable:" resid~::.-:ial de:v=.:::;>me:nt Tii2:; :'=. =-edu::e::: :::-:::;m :.i1ose s.?~:::ified ~~:reio <~~ the d:'s=:-i:::t in ",::~::h it ':'$ l:>~ate:d ::0:1 :~';"; <~. Direc~o= of Planning. B. :wa....ce Dav Care The Ci~y of Chu:a Vista has esta:,lished s;>ecific re::r.1irements :or operati~5 a large day care facility, includins: :!.. h large day care facility shall not be wi~hin 1,200 =eet of anot.her su~h facili'::y on the same st:-eet as rneasu:-ed ~-........ the ext.erio:- -_......11 :'o~~~aries ~: the property. 2. ~~ a~ea shall be p~ovided for the tempo~a~ parkins of at least two vehicles fo:- the safe loading and unloading of children. In most cases, the ~iveway in front 0: a two-~ar garage will satisfy this requirement. 3. A usable rear yard play area of 1.200 sq. ft. shall be proviàed. O~t.õoor play activity shall not be allowed in the =ro~t. or exterior sièe yard 0: the home. -. P~ay areas shall be åesigned a...,d locat.ed to reduce t.he impact of :l:>ise on su:-rounding properties. The Zoning A:i:r.inistra tor may i~ose reaso~able requirem~ts t.o alleviat.e noise, including but not. limited to i:lstallation of a six-foot hiSh block wall around t.he ::>e:imet.er of the rear yard. -- - , ~/m Chapter II - Section 1".3 10/01/98 II-4 EastLake II SPA Pla"s I - . u"~ j ~ ::>: ~ <> 2 ::..1::1. 0.. 0.. 0..0.. 0.. 0.. ::>I "~ IX: T? CfJ (f) CfJCfJ CfJ en ¡en .". N :¡ " ....., "'~ j ~ 0: () ::1. 0.. 0..0.. 0.. 0.. 0.. '" ~ ~ ~ IX: CfJr CfJ en en en en en en ..,. ...., - oJ ~ I ~ ~ " en ::J ~ ~ ~ ~;:¡ ;:¡ S11~ ~ ;: ci. ¡¡; c:: ë Q. :> '" . " 0 c. ~ 0.. 0..0.. 0.. a. 0.. : ~ ~ . ¡.., co", 0 '" oj. C> 0: C. "'''' '" en en en en en en a:> '" '" '" c:: '" ~ III .. "1J ;:) ... " .!: s::: a:> . " co e.. e.. : ~ ... , ¡.., co", 0 e.. e..e.. e.. '" - .J c.. "'''' '" en en en en en en a:> '" oj. '" i'!: IX: '" ~ - C/) - "~Ig oLE õ . 0 . - en 0 0 o L,') 0 0 '" '" - IX: '" '" ~ ~ "I - ~¡- a:> "I ~ I ~ 0 '" õ ~ CI - > !1J 0 '" . (:) w co 0 0 0 00 0 - 0: '" ïij 0: .... ~ ..,. "I'" '" '" '" a:> "I > >. ~ '" ,0 .. ~ - "0 "- ... CI ~ "- ïij ~ .§<: > 0 0 ~ rn æ '- ... - - "- c.. ¡;; Cf) c.. _ c.. "- >'Q)U« co 0 m--.::c = II -¡:ëfjùSrc "- ~-=Õä: - 0 0 ~ 0'::::,....., ~ :g 0 Q.) 3: I ~ U) ~ "- .3~(f.)ëñ :g iñ m u'- e::: .:> ~ :JCc::: 'is .2 ~ a:; I/) " ~::J-"i iñ en ~ II ~ 1/)"0", 'is ~ - ~ CJ __0 1:J!Ef;sã) a: o '" 0- Vol (I):::: '" - s::: iñ Q) ::::::::::c:: !Eû~..æ e.. '" s::: " s::: õi a: C» Q,) ._ s::: ~ 0 :::-=t5 C» C C :J - rc .~ ,g <II '" '" '" ~ :J :J E U _ >.11) ~ ro ~ en "0 ë-S- "'e.. l!!mcM :¡; ëii '" "'- ~o: rc ;: E 0 Q) .... 0 0 I/) -C)mrD ""032m '" - s::: '" ~~C>m (1) .Eoð II ~ U) 8 8 g "'Co_- ~ Ü ~ - I/) '" ~....u"C 0 Si I/) ~ S1=~-5-c Q.I o "C.~ Q) :::I '" _ ~ '" s::: (1)",- E - () 5- "0 êti ãi '% ~ ï¡; ~ s::: I/) :::I(/) ';';;:);:)(1)"'.0 "'Q)-U) m II> c ~ -0- EO: --\:I .c.c+ CI &:: .!!2 rtI ~ 0. _ 4i 0 .§. s::: _ s::: .- 0 m ~ I/) e.. ë: -" - (1) - '" 'x w- §CU"C..-NM "'''0 ~ U) '" '" .. Q.J ~ en u !2 u ....-=!E--- =OLOO "0 " .;¿ .. n:J 0 rtI mo: Q) U õ fJ) en rn .::::Ech.E 0 -'" ~ ~ 15 =S "ëñ JE u ..:!I:: "--"_ .>< E , c...Em==== "-"'o:m 0 ãj.:::. õi '" m '" m u"C .1:1 U m m c:: ra '" -)( G)-r::cc: ~.coð..c ~ '" u ~ .e: .c 0 O.S: .0 8EË,g .0 - <II ¡:¡O«;:)~~ -~ -f-f-I/) ã3 õi "§.E "'>. >. '" '" - ~u.u.u.u.u. ~t'tICf)m .: « §. '" ..~~ I/) 0)--- I/) ãi~ -- f!! "0"'.0 "0 I/)m .0 ,,-(/)en::!E::!E::!E m::!EO:::!E .:::: ~ m "0 "0 .:::: 0 I/) "- <to is ë. '" m ~ ~ ",- .E ~ > >. >. <II s::: I/) '" ~ '" 0 ;: >. .- N s::: ~ · 0: "0 U ;: '" ~ "0_ :>< '" . : · m · Õ Õ Õ Õ 0 0 "0 = ..- ~ 'ã; ~ ~ iñ m :::IN m ..J ..J ..J ..J u.. u.. IX: aJ_ e.. 0: ~IN I a:> ¡,; '" ..,. '" <L> .... 7 '" 0 '" - ~ õ- z /M~/ Chapter' II - Section II.3 10/01/98 II-S EastLake II SPA Plans - --~_.__. ._--_._--"."._._,~ - G.....au~, ?;: .....}~ ~ no S..2::"J.da.....ds &0..... ?~ a~~ ?~ Land ':"'5':' r:.....~UDS - , requi:-ements include 0.5 spaces ~or gues: parking. -' . The ?a=Y..~ng _':;":"5 requ~=ement may be reduced to 0.3 s?ace per ~i~ by the Zo~ing Adminis~=a- ~or wr.~=h would result in a reduc::ion of the standards set forth ::.n ':he table. If more than one space ,,~~ dwelli:1g unit is assigned .- ~he "~ dwelli:1g unit, then the required guest parkin; spaces shall be markeè. anå clear:y identified as guest parkin;. The gues: parking spaces shall :10': be pe~.i':ted to be assigned to individual dwelling uni-:s. - $':I~=:a' ?''''''crui:-Þmø:1':s _. l. ?=ont yard se::backs shall be measured :rom the righ':-of-way of ':he ==:::¡nt.ing street. The front yard setback may be reduced, subjec: :0 5:':.e plan approval, within the RP, RC and RM districts. If ':he ~=ont yard setback is reduced ':0 less than twenty (20) feet, and :he dwelling unit is located on a street, C1.Ù-åe-sac, 0= court contain- :'ng more than twelve (12) àwelling uni~s, then the garage shall be ~quipped with an automatic garage door op~ner" 2. -.....A allowable building area for each 10: shall b~ as permitteå in -....- -;~~ table ::>elow. The maximum building area -~- single :amily ~~-;a=heå and attached products shall be -;he square :~~tage listed or -;~at permitteå by the percentage of lot a:-ea, whi:::hever is greate::-. E:>meowner aåè.itions shall be allowed 0:11y where :::onsistent ",,"i.tb -;hese standards. A 300 square foot open patio (cove:-ed but open on t::.ree sides) shall be permitt~d on each resiàential lot and shall be exempt from inclusion in this calculation. -, Deta~~A= S~-uctU-A OVA-'av Stanòa-¿s - . ~~e De~ached S~ructure Overlay Standards shall only apply to th:Jse a=eas àepicted on the Land Use Districts map as ~De:.ached Stru::::.u::-e Giver lay" . , :Jses Permitted: A Guest House as defined in Section 10.04.106 CYMC, ~ . ex:::ept as further defined as :ollows: A ~Guest house . means detached :~ving quarters of a permanent type of cO~stru~tion, without kit::hen cr cooking facilities and in:enåed for use by occasional guests and occupants of the main building. Use by occasional guests shall no~ exceed gO days for any one guest ove::::- a one year ?eriod. A guest house shall not be separately rented, let, Dr leased, whe':her compensation is direct or indirect. 3. S:.':e Development Standards: Shall be as indicated for the ::>ase =esidential lan~ use district, except that the fron~ setback may be :-e::iuced to 15 feet if approved by the Director of Planning. ~- - c ~ r~c2- Chapter I: - Section !!.3 10,'01/98 II-6 EastLake II SPA Plans Pe~~ted Bui:~ing Are~ ~:"s':rict Scruar.... FQo~aO'.... :"'ot Area -:.....-.........nt a 0"" 'F'''.PI ?E ;; RS-5 4,500 50\' R5-7 3,900 50% ?P-SL &: ?P-8 2,900 55"\ ??-~3 ~L..llQ --~ ::::.. ;'~:l res~o~~~:i..al development. :¡,,=-~h 0: ':'_:_!_aþ:-. :_u... s50tav Lak....s ?~a=., wi~hi~ ~he EastLake I S?J.., shall :,e exempt :r~m this maximum bcilding area standard. RP-13 ja.-cels ,- -~o G~""ens SDA a~Þ , imi':....ò . ~" 2 000 s=r'lJ.a.,...... f....et. !!.~ ?e==ormance Standards: Residential Districts !~ ~:l Reside~~ial Districts, the following perfo~~~=e standards shall be met: r.. k- cO:1=i~ioners, antennas, ham =adio anten:..as, solar panels, heating, ::ooli~;, ventilating equipment and a.ll o~her mechani::a.l, ligh~ing o=- , ., àevices shall be so opera~ed and locat.ed so t.::at they do not e..!.ec~=:.=a.L dis~~== t~e peace, quiet and comfort 0: neighboring reside~ts and shall be s::ree:led, shieldeè and/o=- sound buf:e=-ed from sur=-ounding p=-oper~ies and s':ree\:.5. hll equipment shall be installed and operated in accordance with all o:.he= applicaJole ordinances. Heights 0: said equipment shall not exceed :.he requi:.-ed height of the zone in which ~hey are located. privat.e, indiviåual ~atellite dish antennas cr""~a~ø~ than ~~-....ø (31 f....~'t ~ n d;amA-Þ~ are ~_~~~~~:_à sub;....ct to a ~~nditio~ê' us.... t:I....rm~'t. Communi ty 0= association opera~ed satellit~ dish a~~ennas may be allowed subject to a Condit~~~al Use Pe=mit. _. Require= =ront and exte~ior siàe yarjs shall ~e lanãscapeè a~d shall CO:1w sist prejominantly of trees, plant ma-:erials, ~round cover and decorative =-ocl:s, ex=ept for necessary walks, drives and =ences. All :-equired la:¡d- scapi::; shall be per~~manently maintai:1ed in a ~salthy and ~hriving cO:ldi· -:ion, free from weeds, trash and àe~=is. Landscaping re~irement may be met by ei':.her ins':.allation by the b\:ilder o=- àeveloper, or for single family ¿evelopment, requirements through CC&R's that indivièual homeowners install ~heir front yard landscapi:¡g \t."Ì thin O:1e year 0: occupancy, or soone:=- i: required by CC&R's. C. J.~ll uti:i,:y conne:::':.ions shall be åesigned ~o c:lordinate "'i~h the archi- ~ectu=al elements 0: the site so as not ~o be exposed except whe~e requi:=-~d by utility proviàer. Pad-mounted tr~~sformers a:1d/or -meter box locatio:ls shall be included in the site plan ~ith any appropriate screen- :':13 treatme:lt. Power lines and cables shall be installed underground. D. :'he ac::~p:.able ou~door noise exposu=~ level, measured a~ 1;he property :"ine, :0= each resiãential dist=-ict is proviòe¿ in the table below. (See - -...-..--- :hapter 19. ~~ CVMC fa:=- åefinitions an= aàditional details) . - ~ d;; -- 02;J Chapter II - Section II. 3 10/0::'/98 II-7 EastLake II SPA Plans ---------~- -. ~~e~ior Noise Limits· ?ø~eiv~~~ Land Osø District 7 a m - ., 0 ~ m ~o ~.m. - 7 a m ?..E, RS, P,P 55 db.. 45 dbA RC, RM 60 db.. 50 dbA ·Envi=~~m~ntal Noise - leq in any hour +Nuisa..;.=~ Noise - not to be exceeded at any ~ime _. ~he max:"m~m permissible dwelling uni~ interio:'" noise levels are proviòed in the ~able below. Interior Noise Limits '!'';me -:-::-e:-val Anv Timø 1 min in , hour 5 r.:";n in 1 hou.... 7 a.m. - 10 p.m. 55 dbA 50 dbA 45 dbA :0 p.m. - 7 a.m. 45 dbA 40 dbA 35 dbA - . Ene::'"s-y ::>:lse:vation. Buildings shall be locat.ed on the sit.e to proYide adjace::.t. 1:>uildings adequate sunlight for sola::- access ",,-hen practical. Buildings should be designed to minimize energy consumptioû requirement.s, inclu¿:""'-¡; but not necessa::-ily limited to, =.he followi:>; conservat.ion considerat.ions: - :='-generatioD¡ - Sout.h facing windows; - Eave coverage for winàows; - ~=~le glazed windows; - ~arth berming against exte::-ior walls; - G=eenhouses; and, - D~=iduous shade trees. G. !n the ?C and RM districts, includbg the conversion 0= apartments to co~domi~iums where permitted, the following performance st~'åards shall be met: 1. ~:..so:>ry walls or fences six (6) feet in height, f:-om the highest :i::ished graåe, shall be requi=ed where needed for noise attenuation ~-::i/ or privacy. - . ¡'::~1e=e a lot :::-onts on more than one street, it shall 1:>e conside=ed "" :"ave multiple f=ontages and shall be required t.:> meet special s:de yard setbacks. 3. K;¡en an RC and/or RM lot is adjacent to any single =amily zone, a r..:::imum of fifteen (15) feet of landscaping shall be maintaineå on -- t~e RC and/e: RM lot between such uses. - ~ ~r~1 Chapter II - Section II. 3 lO/S'::'/98 II-a EastLake II SPA Pla:>s .-.' .;. :':>=):able. e:¡::losed s~o:::-age sr..æ.ll be p:-::¡·.~:"ded in :.::'~ ::a=1'~=:' a:-:.2.; s~stitutio~s may be approved by the Di:-ectcr of ~:a:L."1in9 . 5. Conveniently located common laundry facilities shall be provièec :or u.~its which do not have inåiviõual hook-ups. 6. C::mveniently locateè and well screeneô trash encl::¡su=-es shall be provièed for all dwelling units. 7. ?ec=-eation vehicle (in~luding =ampers, boats and t=-ailers) parking a:-eas shall be provided, fully screened ==om view or :.he development :·:úR I s shall prohibit all parking of re::reation veticles. :1.5 Accessory Structures: Residential Dis:ricts A::::esso=y Buildings and Structures: Accesso~ buildings and stru=tures, attached 0:- de'tached, used either wholly or in part for living purposes, shall meet all 0: :'~e requirements for location of the main structure as constructed or required by :.:re Dis:.::-i::t, whichever is less rest::-ictive; except as herein provided. J... 2:1.close= ac::esso=y buildings or structures t.hat. are atta::bed to the main builè.:":1.; "hall not be allowed to e:lc!'oach in:.o the req'.::'red rear yard set.ba::k. Open structures may be allowed to ~~croach in:'~ the rear yard setback subject to approval by the D:'rector 0: Planning. _. A àetached accessory structure shall meet the setback re~irements 0: ~he main b~:'lding for the front and street side yard areas. C. A deta=hed accessory structure may be located within an i~~erior siå~ or rear ya~d provided that such structure is 10ca~ed no closer than five (5) :eet t:> an interior sièe or rear lot line a..,d is at least six (6) -~..... ---I,. :rom the main stru=ture and does ~o~ exceed o~e story i!'l height. D. ?orches, steps, architectural features such as eaves, aw:::"ngs, chim..'"1eys , =:,alconies, stai~ays, wing walls or =:,ay winàows may project not more than :our (.;) feet into any required =ro~:. or rear yard area, a::.d not into any required side yard more than one-half of said required side yard. ¡¡.6 Walls and Fences: Residential Districts !~ ~~y required front or side yard adjacen~ to a street, a wall, fence or heåge s::a:l. ;'1;:1t ex=eed forty-two (';2) inches in height, except as p~ovided herein, Þ.. A wall, :ence or hedge not more than six (6) feet in height may be main- tained along the interior side or rear lot line, provided that such wall, fence or hedge åoes not extend into a required front or siõe yard adjacent t:> a s:.=eet except for noise attenuation as required by the City and as herein p!'oviàed, _. A wall, fence or heõge aàjacent to a àriveway or street providing vehic~- .Lar access to an abutting lot or street ·shall not exceed forty-two (';2) ':":1ches i~ height \\"i thin the~:~ard setback area of the lot. Chapter II - Section II.3 2.0/01/98 II-9 EastLake II SPA Plans ---_..._..._.__._.._--_._~..- ,.-----.- -~~-_._.~._-_._.~.- Corne.:- ::u:-offs rr.ay b-= =e.quired ~o Tnaintain a =~èu::ed h~~;::': :":1 s:::>'.2=~Ç.,,:, cirçu:~s:2.:1::e5 :o~ safety a:Id visibility. C. Fibe=;lass or bamboo sheeting or other simila= :emporar¡ material sha:::" not be ~e~itted as a fencing material on street frontages. :Z::.7 Signs: Residential Dis~ricts N:; sign 0::- o'..:.'::oor aàve=:-tising structure shall be pe::mitted in a.."'1y resiàential è.:'s:.=ict ey.=e?~ as p=ovided in Section VI!. .- ....~ - 0 7 .)-;dJ ~ c1-? Chapter II - Section II.3 ~C/ê~/98 II-l0 EastLake II SPA Plans - . SE~TION :::: V!L~GE CEh"TEP. « COMMEP.::;~ DISTP,:~S !::.O PI:..-pose := aj=~tion ~~ ~he obje::tives ou~lined in Section :.0 (Pt:.=pos~ a:ld Scope) , :.he V:'::age Cen':e:: and CommÞ~cial Districts a::-e included in the Planned COtn.."T1ur..i ty D~s':rict Re;~:a,:ions to achieve the follo~~:lg purposes: To D:=-::J~,·:"d.e approp:::-iately located a:-eas fo::" :::::ice uses, :-et.ail s:.0:-e5, se=,·i=~ establis~"T1~~ts and wholesale ~usinesses, offeri.:1; ::ommodities and ser'\"i::es :-equired by residents of the City and its su==ounding market. area; To p::-o\"ide an opportunity for comme=cial a:ld quasi-public community supp0:::-: =acilitiesi To en=o~age office and commercial uses to con::~':'=ate for the convenience of the p"¡'lic and for a more mutually beneficial relationship to each ot.:1e=; ':'0 ==o·::":3.e adeq¡.:.ate space to mÞÞ'" the :leads of m:::de=n comme::-cial :::3.evelop;ner::., incluting off-street parking and loading areas; To mi=.:"r..':" z e traffic congestion and to avoid the overload~~g of utilities by p~eventing the construction of buildings s~ited to the amount of land around them; To p:-otec: comme:-cial properties from noise, ado:::" smoke, unsightliness, ~,d o:.~e:::' objectionable influences incidenta:' :'0 indust:-~al uses; an:: To p=o:;::::;:.e high s:.anda:::-ds of site planning, arch:"tectura:' and landscape desigr: --- office and commercial àevelopmen::s "..i thin th: City of Ch:.Üa Vista. ~~~ ., Pe=itted Uses: Vil1aae Cent@~ Distri~~s 7he :ollowing uses shall be permitted uses where the symbol "pI! ap?ears and shall be pe=mitted subject to a Conditional Use Permit where the symbol IIC" appears. Uses ~he::"e the symbol "A" appears shall be pennitted subject to a.."l Administrative ?~ey':'e"'· . Usøc: "":,a-e thA svmhol "N" aDDAa.....s a'r~ no~ !')A!:"mi t va¿ Uses whAre -:hA S',~=~ "a" a=~&.ë.""s a're 0""" v nermi t ted as an a~~ess~-v USA to a =.asic: nørmi ttød ~ - - - 7 J.CjC':/98 ~~:¿Î Chapter II - Section II. 3 III-l EastLake n SPA Plans .u._·_ ------ ------.-'"---.-.. ._--~---_.._...~.... ---.- - . :"a:;:: USQ n.;s~""';I""" Lan::: :Jse Vc-: VC-2 VC-3 -L............. - -., ~ J... Adm~r.';s-""ative a~= ProfQssi~nal Serv';-øs p p P _. Gønø-2 ~ "'~mm..n"~"; 2.... Usøs 1- ;'.:1~ique sh:Jps (no outdoor s~o=age) P p P 2. ;'.pparel sto:"es P p P 3. ' -- music ~,d pho:og=aphic ~--, s:.uèios and supply s:ores p N P ~ . hppliance s~ores and repair (no o:'l':.door s:.orage) p N p 5. ;'~=ades anå elect~onic games (see Se::-:.ion V!.") C l:! c -- ~~~letic a~= health clubs C C C 7. ~~:'omobile a~d/o= truck se=~vi::es, sales, re::.:.al agen:::"es, _.3._ në..3:: J.. A J.. 8. 3akeries - retail p l:! p 9, Barber and beauty shops p p P lO. Eicycle shops, non-mot.orized p l:! P :1. Elueprint ~!= photocopy services P p P :2. E.:>:Ú:, gifts a~d statione~ stores p p P :3. :a:l::lY St.ores and con:ectioners P P P :~ . 22= Washsu~~"'=~ to Drov'; sO: o:--e: :J& Se~-'¡on , 9 58 060 CVMC C C C :5. Catering est.ablishments p N P 16. Cleaners p N p :7. C:munercial ::-e~::-ea:ion :acili:ies ~j: o~he=~ise lis~ed C C C :8. ~a:ing and d=inking establishments: õ.. Ba=s ::::: ::::-.~:::'-:'a:'I:ff.::u:': , nightclubs caba::-et.s C C N -- - - =. Restau::-ants, coffee sho~s, 20/C:/98 deliCõ.:essens:Æ ~~ Chapter II - Section !I.3 111-2 EastLake II SPA Plans -. ~and USÞ ~:s~-;c~ Lanè :Js"" vr-_- VC-2 "J:-3 ~ --=..=......... 1) with alcoholic beve:-ages. and/or entertainm~nt C C C 2) without alcoholic beverage ? p p _. Snack bars and refreshment stands contained within a building p p p _. Fast ;ood restaurants with drive-iD or à:-ive-through C: C' C 19. Equipment rental (enclosed building) p ~ ? 20. ~ep.d and tack stores (no outside storage) p ~ P 2l. ?lorists' shops p p P 22. :;:)o¿ stores, supermarkets, à:-ug sto:-es ? ~ P 23. ~~iture s~ores (<l0,000 sf) ? p ~ 24. ~asoline se~ice stations C C C 25. P..aråware stores (<l0,000 sf) P p P 26. Robby shops p ~ ~ 27. ~o~els and motels (and 3ccesso~ uses, ~~=luding restaurant, bar, shops) p p ~ 28. ;a~itorial services/supplies p ~ ? 29. :ewelry stores p p P 30. C~ior department, department stores, ëiscount and membership department s':ores p ~ ~ 3l. Y..iosks, and moveable vendors, including p~oto sales, located in pa:-king lot C C C 32. :'iquor stores C N C 33. Me¿ical and dental offices, " . p p p c....:..:ucs 34. ~~::,:uaries ~ C ~ 35. ~~~o~cycle sales and services including ~~:o::,ized bicycles A tl A - - . ¡ May b~ =~~side:ed for approval in :he area ~mmediately adjacent to ~=s:~ar.e Pa=k~ay/Fen:on St=ee~:e=seC:ion. 20/G2/98 ~ ~cJ-J Chapter II - Section !!.3 III-3 EastLake II SPA Pla~s ,---- ----"._------~---"- --- .--,.._----~-~ .---- " ~~~~ U5~ D~5--'=: Land ~jsc. VC-l VC-2 "J':.-3 ~--'- ~-- ~-~~ ---- 35. Newspaper a...'"1d magazine stores P P P 37. N1.:rseries and garden supply stores in screened area P P P 38. O:::"ce suites, general P P ? 39. O::i=e supplies/stationery stores P P p ~o . ?arking facilities (commercial) C C C ~1. ?ha=macies P P P 42. ?~~~ocopying services P P P ~3. Printing shops P P P H, ?ecycling d=op-off bins A A A -<'5. ?e~ail s=ores and shops ? ? P ';é. s:..~ ?ainting shops (enclosed building) P P ? .(;7. S=arnp and coin shops P P P ~8. S.i~ing pool supplies P P P 49. T::"evision, s~ereo and radio s~o=es :"~=~uding sa2es and repair P Ii ? 50. :'~sa'Cers A A li 52.. ~:"=e sales a...'"1d services A Ii A 5:. ':::-avel agencies P P ? 53. Ve=erinary o::ices and animal hospitals A C A C. ':>'t.1::"'¡L: 2::1d Semi-Dub''¡c USoCOS - :)ay nurseries, day care schools (subj ec= -. ~~ provisions of the Municipal Code) A A A 2. C=~valescent homes and hospitals C C C - . Clubs and loàges incluàing \~CA, ~-~CA and similar youth group uses A A Ii , L:":'::-aries p P P '- - -- - . ~~uca=ional institutions ~ C C C 10/01/98 ~'-.3P Chapter II - Section II.3 III-~ EastLake II SPA Plans :"a.:--: Uso D~ E:':-:....- Lan:J ':JSÞ VC-: VC-2 "J:- 2 ~ 6. 2:>spital, medical care facili:.ies ~ C 11 '- 7. ?::>s': office p p P 8. ?.eligions i::stitutions (C:-:- :_':'~uaIl_¿' ----, II C 11 9 _ G:-()'J.:) ca:::-e. :acilities and ~esi~ential ~e~iremen:' ~otels C C :: 10. :J:.ilities, public and private p p P 1.1. "Jses àete~.ined to be similar and =::>nsistent ~ith the purposes of this ::;¡ap~er C C C ~ .?,.==ess....,-v Uses - ~==esso=Y s:.=uctures and uses located =~ :.ne same site as a permitted use p p P 2. ~==essory st=uctures and uses located ::;,:1 the same site as a conditio:lal use A A J.. _. '!'em:)o=a~' Uses 1. ~ernporary uses as prescribed in Sectio~ "\::.0 p p P I==.2 P=operty Development Standards: Village Center Dis~=icts 7~e prope=:.y development stanåa::-ds that shall apply to all lan:' and bui1åings pe~~:.:.ed i~ :.he Village Center Districts shall be those indicated on an approved g';-eo plan su.:,rr.i:. ted pu::-suant to Section 19.14.420 through Sec,:ion 19.14.480 i:lc:'.lsive in ':'itle ~9 of the Chula Vista M~~icipa1 Code. ...-'-....3 ?e=:o~ance Standards: Village Center Districts Þ.. ?e:ruired =ront. and street siàe yards shall be landscaped. Said land- scapin: shall consist preàominantly of plant ~~terials except for neces- sary wa:ks a....,d dri "res. All planting ~~d irrigation shall be in accordance "..it.h ~he Cit.y's Landscape manual. All required landscaping shall be perma.:1e:l:.ly maintained in a healthy and thriving condition, free from weeds, ~rash and åebris. ~- B. The no:'se level ema.:1ating from any comme~cial use or operation shall~õt exceed :.he standa~ds establishe~ the Chu1a Vista Municipal Code. 20/0:'/98 hUl-~31 Chapter II - Section r:.3 rII-S EastLake II SPA Plans -"..-.----,...- --..-....-..,,-..-,.-....---.------ ~----- ~=~~í= mounteò mecha~i=al equi"?:n~::.: , . .. h· d· :::::1:::- ~ .r..ll ~n=~~=~~3 eat~~; a~ a~= - . :'J.o:1.:..n;- t.:...~its a:ld t=ash =e:::eDtacl-= a=:-eas, s::'a2.1 be corr:p:etely sc=~,=n-=d :~om s~==~unding ?~~perties by use ~: a wall == :e~=e, or $~all be e~=:~s- ed wit~~~ a build~ng. No ma:erial or equipme:l'~ so scree:1ed shall have a height g~eater than that of the enclosing wall, fence or b~ilding, s:~:::- :.u~al ~,d design plans for any sc~ee~~ng re~i=ed under the provisions of this section shall be approved by the Director of Plannin;. _. 1'.11 ro:): appurtena:1ces including, but not ~:..rr.:..ted to, a'~ conditio::ing units, a..,d mechanical equipment shall be shielded and architectt:.rally scree:1ed from view from on-site parking areas, adjacent public streets and reside:::.:"al uses Yo"it.hin t.he Village Center. -. ?.e=ip=:¡::al ingress and egress, ci==~lation ~~=. ?arking arr~~3ements shall ~e re~~red to facilitate the ease of vehicular movement between adjoining ?roperties, . . :'ighti::g. .r..ll light sources shall be shielded in such a ~anner that the light. is directed away from streets o~ adjoining properties. Illuminat.ors should be integrated wi~hin th~ a::-::hitec':.ure of the =>uilding. The int.ensity of light at the boundary of any Village Center District shall not ex::ee:: seventy-five (75) foo1: lamberts =rom a sour::e of refle::t.ed :'ight. ~, ),.2.1 ut:'2.i'.:v conne::t.ions shall be àesigned to ::oordinate ",'i,:h t.he a==hi- :.ectura1 elements of the site so as not to be exposed ex~ept. whe=e requi~ed by utility provider. Pad mounted t=~~sformers a.,d/or mete= box loca,:io~s shall be included in the si':.e plan ~i,:h an appro?~iate screening t.reatme:1t.. H. 2xcep': ""'he::-e othe~wise approved on a site plan, outdoo::- storage an::'/or sales areas shall be entirely enclosed by so:id walls not. less than six If) fee:. in height to adequately S::reen Outdoor storage areas. St.ored ~,ate:::-ials shall not be visible above t.he ~eqL:.::'red walls. - ;..:..= Pol 2.'..:.t.:" on . There shall be no emission on a..'"'lY site, :0= more t.ha:: O:le - . IT.:"nute :":J. any hour, of air cont.aminants which, at 'ehe err.issio:J. point o~ ~ithin a =easonable distance of the emission pc~nt, are as dark or darker in shade as 1:hat designated as No. 1 on 1:he ?i~gelman Cha~t as published i:1 the D~ited States Bureau of Mines !nformat.ion Circular 7718, J. Odor. N:> use shall be permitted which creates odor in such quantities as to be readily detectable beyond the boundaries of the site. K. 2ne::-gy Co~servation. Buildings should be lo::ated on the sit.e to proviåe adjace:lt =>uildings aàequate sunligh'e for solar access ",'hen practi::al. 3~ildir;,=s should be designed to minimize energy consumption, including but :1~t. necessarily limited to t.he follo.'ing conservation measures: - C:>?eneration; S~~,:h facing windows; Eave coverage for windows; 2a=~~ berrning against exterio=:- Yo'alls; a:1d, -- - ,:),=::i::i~ous shaåe trees. - - 10/01/58 ?{~~32. Chapter ~T - Section II.3 ~- III-6 EastLake II SPA Pla~s ~. Land ~S~ ::~mpa~i.=:"~i~y: IJo~\o..i ~h~a:1:::':'ng thS' ::-a..-'ge of uses pe:-mi::.== -.. ~he p:~.:'';~eà USE: ~a~~ix, a~e:as desi;:¿ated "VC-3 ~hat a~e also desi;~a~~è as P1J::::"~/Q1.la5i-?'..:.blic 0:1 ':he Gene:-al :>evelopme:1': Plan sha::'l be lirr::':.e:: :.::- those u.s~s det.errni.:1ed by the Zoning Administ=a:'Qr to be :::ompatible ,,::':.h ~he Puj:i=/Quasi-?ublic designation. !!:.4 ?e~tted Uses: Comme~cial Dis:.~icts ~~~ ~~'low~n= ~s~s sha11 ~A DA~;~~Ad uSGS who~ø tho s~~~l up" a~~Aars and sha" bo ~Ø=mittA¿ S~;Act ~(j a Condi~ional USA ~A~it W!1........ø tho svrnbol "C" 2D'O°a-!=; Use5 where ,;h~ sYmbol "].... ap'Dea-s shall bl!=> ~°:-rnitt.ed su:,;oct to ar. Adm;nis~-a""';vo ?Q..-~ ......... Us"'.:: ""'''''10-0 thø sYmbol "N'R a'~:"DAa-s ¡a.....o no:)- ~A~;tt.eè. USAS who!"o -ho s·.r;.~:)' "a" a':::rDA:t-s a_A 0--1v 'Dø~i1-~ød as a- a""C'o~so'!'"V uSP t"o a basic Dø=-rr.~-"'''''d ~ :"a:nd Usø Lanò Usp Dist~~ct E: ~ . Adminis~~ative and P~ofessional ~ S....~ï.ric....c E t> - t> G....:1,....:-2., ~~:mnø!"'cia1 Uses ~ " .:.-:-,,~.... sho:)c (no outdoo~ s~o-a~"") E Il - - ;';::-:ïa:-el sto:-es E II L ;,-- music a~è Dhotoa~aDhi~ -... s-=u¿ios and sUDDlv stores t> tl - L A~~~":ance s"'o~es and røD2.i~ (no o~~¿~~r sto-acø) t> tl - . .!..=::a:5.es and ~'''''~~~onic cam....s (so.... - .s....=-.;:)n VI.4) >: tl .E-.. :'-~i"""'ic anò health clubs >: >: L h~-o~obile and/or ~-uck so~yicGoC: sa1¡::,s -ø""-a' aa"'"rH::" "'"s . >: tl . 3ako-i","s - ~øtail E tl - 0 3a-bø- and bøau~v ShODS E tl ~ 1..Q... ?';cvc1ø sho':)<=: nOI!-moto~izød E tl -, =~uø~~in~ anò chotOCODV se~vices t> i! ~ - 1L.. 3o:>}: ai:fts 2.:1d stationery sto-ØS t> tl - q ':2.:1::=v sto~es and con-Føl""t;onø~s E i! ~ c... , ¿ 22.- Wash sub-îøct - - ~ to crovisions o~ S:øc-':O':'1 '9,Se,060 CVMC~~J3 >: tl lO/C:/98 Chapter II - Section II. 3 III-7 EastLake II SPA Pla"s _._._~.__.. _..·'·o.______.....·_ ::'anà ..;~~ ---" ~:-= ~so ~:S~-~-~ -~ ?~. ...... ~ ~a:er~na es:ablishm~nts " E ~ .l.L "'2. c.an o....s t> Ii ~ .:2..... .....:m·rmo!"cial -Qcroation facili~~Qs ~~~ otho~"sQ listQd r E - .:..L ~2-~nc and ¿!"inkina ostablishmon~s: - B2:-5, ~;qhtclubs caba....o~s S;; !1 ;;.... Røstau....ants, ce~fee she:>s d....licatossens: li with alcoholic b....vo....aaes and/or onto....tainmont S;; li .£l without alcoholic bovQraoø S;; ª ~ Snack ba....s and ....e~roshm....~t stands conta~~od wit~;n a buil=~na ~ ª - Fast ~ood -....stau....ants ~i-h drivo~in O~ d-ivA-throuah E li , Q ~~~i:>ment -Antal (in ....nclosQd b~ildina only) t> tl -'-" - 2.Q.... ?ood and tack store~ (no outs;òo storaoo) E tl "' ?~':)-;stsl sho::)s t> Ji ~ ~ il... ?:::J:i sto!"cs sU::H~""ma""k....ts ¿-u= sto'rCS E N .;;.L ?~~~tu""e ste-os «' 0 000 s~' t> !1 - ~~ ~2s~'inA so~·ice sta~ions S;; li ?~ ::2-ch¡are sto.....es ( <10 000 sf) t> li ~ ~ ~ ?:J::'bv shoDS t> li - 27, ~:J~el~ and motels (and accesso-v uses ~~~'udina ....estau!"ant, ba.... sho:>s). t> !1 ~ :'a:oè US<=lo lL C"2:--ito....ial sA-vices/su,o~liAs t> li - ?Q ::cwø'!"v ste::-cs E !1 ~ 1.Q.... J~~ior deDa!"tmont døoartmøn~ stores. -- ~¡~cDunt and mombo....shiD åODa-tm<=lont. - - S~O-AS -lÅ -3 r E li :"::/C:/S8 Chapter II - Section I:.3 II!-8 EastLake II SPA ?la~s ~a!1d ·]1::0 "':.-' ~a~~ TJso D~s-~~-- ~ E.b .lL. "'~~sks. an= m~veab'~ vo~dors ';nr:'udin= :>~:J~o salos locat~d in nar~~~~ lot ,.. U - ll... . ~ ':T'..J~'" StD....~S (nackaco off-saio on]v) !::. U n.. r.f,c>~'; =a1 and døntal o~fices. c'~!"'ics ~ ¡: 2L. !'J:~--ua""ies ,;; U ~ !'::;:'':J:",::v::' ø sa·1 os and sorv~ coc: ~ :1-1 ud'; :1= ~j-':)""~zød bicvcles 2 tl 2L. Nows':)ano.... and maaazin~ sto....os .E .. ~ N~-søries a~d aa....don sUDDlv s-~røs in 5::-øened area !::. U 2L a.:.:.¡,...Þ sui"-'0s. aøneral " " - - '0 2':';';0::0 su~nl';øs/s~ationo~ st~""øs " .. ~ - ~O . ~a-k';~a &aC'~li~ios (commo"c,; 2.') ,.. ,.. "" "" <, ~"2.::1TIa::ies " .. ~ - ~ ?~~:'ocoDv;no servicÞs " .. - ~::! ?-';'I"'I~';na sh~'::)s 2 .. ~.;. ?'o=v=l ;nc d-:m-off b';ns !::. !:1 <, ?_o:.a'; , sto-e5 and shons .E U ~ <' ?...-a.; 1 d;str;bution co~te""s and -'-"-'- ~a~~&a::turo....ls outlets which -0':T'..J;ro øy-ø~sive elDer a....øas for tho s:.o....aae a:1¿ ¿isn1av of merchandise and hicrh v::)'umo wa....ehouso-tvne sale o~ coods ~ U <~ S-amo and co;n shons " U ~ - <. s·...·.; rn'!'!', ~ nO" "0001 su~~lies " U ~ - ~ Q. -~, ø\rision. stc....eo and ....ad;o 5tO-oS ~~C"uèina salAs and .......nair .E U 2L "':;øa:...rs !::. !:1 5~ . ~';_ø salQ~ a~d sø....vices !::. !:1 "- - 7 - lO/0:/98 ,id7j-J}:; Chapter II Section :1.3 - I!I-9 EastLake II SPA Plans --_.--~--- ----_._-_.~ - ---..-.-..-.. Land --.;.:. -.. :"'a-:.:::: ~jsÞ ~.: 0:-- -~ ...... - ' - ;:..0 Ü ".:':-avøl acø"'1...iøs " ~ ~ 2L. ~o~ø~~na~ ~~~icøs a~d an;ma1 h~sDitals !: ~ <;4, G-0:1ø....al O&~i...oS f;~ancial ins':itutions ~"'=' Estat~ ~::ficos '¡!lstituti~nal of&i=øs 2 - .:..L h-v othor ....ø-a;l husinøss 0.... so~ic:""" "'s-ab1';shmco"'~ SUDD'vino ~ommo=':tilClos :~ ~"""""&o~':~= S"""r\~;COS døtco~':~"""d ~'.' ~ho t)la.n....::no Comm"; ~sion to bco of 'tho !;amø ::;"':10~al cha....a...tor as Th""" abovo montionod ~O~ittø~ -ø~a.~l bus';:-:!IDsSøg or sorvicID us"""s and o'::)øn =,""";na sim.;'a.... normal busincoss hours " tl - ~ t)ub1i'" and Semi-Pub'ic Uses ~ , ::::av nu:!'"sør';øs dav ca....,. schoo1s (sub; ......-: - ':= ~""ov';sio:1s o~ thø Munic';ua1 Cod...) !: r- - " :=:""va1osco:1~ homøs and hOsDita's ;,. tl ~ , ....~t.1:,s and 1 o:5cos inc1 udina YM':Þ. ~ -"-~":""~ and simi1ar vouth ~""QUU us os !: !: £.. - .: :,-arios ~ !: ;,. 2.- E::'-:.J=ationa' ":"'1st;tU,:iOT1S !: !: 6. ::~s=;tal mø....: ca1 ca-""" fac~';:;øs !: r- - L. ?=.;': o<F<F';coG .£ 1: . ?ø'';c';ons ;""s,:';tutio"'1s !: tl ~ 2... G-ou~ care =ac;litios and roGs;ã"""ntial -"""":..:....emcont ho,,:"""1s !: Ii .J..Q... TJ-:'¡'itios Du~l";c and Dr';vat""" !: !: " .~-v oth"",,- 'OU:"'; c 0.... s"""mi -Dubl"; c use ~ =ø-:"",,~';nod :,V ~h""" Plannina Comm';ssion :0 bco of th""" sam""" oen"""ral charac.tor as =':hø.... us"""s ~"'~itt"""d bv this søction !: !: !2.... hcc~ss=~" Usøs , ~=-øssorv st:!'"TIctu....~s and usøs located - 0; the sam""" c:';'te as a D"""rmi ttød 0.... ~ ==~d';tional US""" .£ E - - lO/Cl/S8 ~~ J ¿, Chapter II - Section ::.3 III-1O EastLak~ II SPA P:ans . :::.5 ?~o~e~tv DeveloDment Stan~ardE: Comme~~:"al Dist:=-:"=,:s ;j,,;_ e~llo"':;"~= ':).:"Ç):Je:-:'.I :1øvø'o':)møn~ S~a:1~2""'='S aDD'·..· -" a1l ' 2--:: and b-:..:;,';-"':';:;;=~ c-::-'''': than a==ossorv buildinas au~horizA¿ :'n this ¿:'s~riC't J...""1"J 1"'oa1 1 .- mav ~..J ~~ ~sød as a b~ildina S~·A eXC'ADt nD builèina nerm~~ shall be ~ssuAè fD~ a~v lot \-:.,'::10' a 10· s";:!ø less ~han 6.000 scua~A &AAt Each huildino c':_þ shalJ hav'" a Ti.':_':rnum 20 &~~~ wid". vD~i~ular a~C'Ds~ ~o -ho s'tr.....-:. L Gene-a' ?øauirl:lomants .,. ~ .ç:....~, w.{na ...."" , """...mD -po m';T'I;¡';· m ,~ . - ,..,...w.; ~ - ~ :0" Eb ~ , :...~- area n~· 1 ae:'. . 1 ac. . - . L :':rt width 'in feAt) il.Q U,Q L :':,.: åeDth fir. f...ot) ~ ~ , ~-~nt vard sDtback (in oføø,:) -LQ ~ - ::";:1". 'va.....d so-hack øa-h side (':r; &øøt) ..ll ..ll ?'.1b1'¡c st....OA': sÞtback (';n &ÞoD"\ -LQ -LQ - ~ Otav LakDs Road ...LQ ...LQ ~ OlvtTTDic Parkway 71:;"'''' ~ L. ?øar yard s...thac::k (in fe"'~) 10......... 10......... L ~~~'dina hø;oht, maY.:imum 45 of'oe~ 4S f....ø... ':"~~a'C <-- =ondominium døv...1onmønt d::>øc: not n"u.~ ~o me...t , ~- a,...e.a .......0"....:." ....ø_ ~"':1t. !w:inimum , 0-::: a""ea may b.... ....0 ,::lu...ød to , C 000 sf' fa.... '!':1ast..:..... ~'a::.:1...d ~ui'è"-= ~Qmcl..:.Y.:øs 5ub;o~~ 'to a~~~~val of' a S';t... ':11 an Such Site. ::>lan shall "D ~o"" a to':21 site. oo¢" no 'øss -:.han 60,000 sf. - .. þ.c:: ~Cl:asured -from e.èao oof' sidov,,·a'}: /curb. ... I:;"'....øase to 50 '¡:eet- wh...n abuttino ros;è"'~~;al distriC'': . Note.: ~';no'" deviations may b". a:o~""oved bv the Zonina Adr..': nistrato'" with Sit.ø ::>~ an Þ..ncrova 1 . ::::::!.5 ?e~=o::-manc::e Standards: Comme~c::il!l.l Dist~ic::ts L ?øcrui ....""= '¡:""ont and street side vard~ shall be landsc::an""¿. Said land- so:::ac;:¡: shall cons':st nredominant'v of clant materials ""Y.:C''''''Ct -for nec:es- sa!"'V ~a'ks and driv""s. All clant;no and i.,...,..icra,:;on shal} b... in acco""òance "'-; ~h -.....ø Ci tv t 5 LandsC2De Manual. All rem.:-ired landscanino sha11 b~ -._- ':Ieo.""m2~....:"!tl V mainta-ined in a heal':.hv and th.,..; ,.; no cond;~';on f.....eø -=""om "'- weo....ò.s -....ash and åøbris. - - 7 :!.O/C:/.98 A-9-3;J Chapter I! - Section II.3 !!I-ll EastLar.e II SPA Plans ~---._..~.._-----~_.. -- .----- - -~.~..._._--~ ---"- ~ ':':,ø ::::.~=- ":ÞViCI' ømanatinc ~~~m anv ~~mmÞrcia' U.SA o~ D:)ICI-a~io:l S~a.· . -::::>': ICIy'ClCIþ..o -";c, !::':an¿e.....¿s Þstabl-shÞd ,~ -:.hÞ Chula V¡'sta Mur..~ .....:-=-a' Cod.:.. -.. "-'- All a~~~;= m~un':lCIè mlClchan~cal øaulnmøn"'. includina høatin~ and air '-:):1~~- ':;Dni~= u...~'¡ ts and trash ",o"'ICIDtac:l_ arÞa.~ sha'l he c:o~'þt.elv sc~...ø:;:¡od ~rom s~--~~~dino ~-oDørtiøs bv us. of a wall 0.... 'fønce 0'" sha1J h- .n~'o5- ød w;-~~~a buildina No ma"'ørial or Þrnlinm-nr. so sc....þAn_d shall havø a hlCl;a~- =-øatør than that of the en'-losina wall. fønce or ~~';ldino s-~~- ,:ura' a~= døsian ~'ans for any sCTlCIlClnina recrui....-d under t~ø D"'ovis'¡o~s of ~his c::o--.; on shall bø BDDrovød bv ·hø Direc"o"" o~ Plann"::-¡c Þ.' , _.....-~ 8:)'Cur,:ønanciCIs .; n::1 udina . hut not , imi tød te. a:'- cend; ":io~i:10 - --- U:litc: ~..- mocha!':.i=al ....CJ"U.;'::)mont sha'l b~ s'hioldoc3 an¿ a........h.;':oc':'..:.:-a"v ~c....oo~o= ~-~m vi....~ ~....om on-s';te na....kinc areas. a¿;ac....nt ~~~'jc str....o-s and ::-....siåo--~a' usos ""'; thin th.... Villac.... C....nter *-'- ?e:ci':)....:;=a' .;nor....s~ and eo....ess circulation and narkinc a........anoem....nts shall b.... ........~·~-....è to ~ac~'itat.... tho eas.... of vehicular mov....ment b....~we....n ad;o~r.';na ':)::-0'00- ~ os. ~ Liah~':,:,:=. 1,' 1 ' iaht sourc....s shall b~ shield....d ';n such a mann........ that th.... '';aht ':c ¿.;....-cted away ~rQm streets or ad;oinina ~""ouert;os. I'lum';'1at~~s shou'::: bo .;nt....o-at....d within the archit....ctura of the bu'; ldina Th.... .::1te.....S'~-v o~ liaht at t.ho boundarv of any Commo....cial D'; s-r; ct ~ha" no- ....xc""....:: søv....n:v-f.;v.... (75) ~oot lan6........t.s from a sou....c.... of -....<Flected ,.; O'ht ~ Þ.' , u:~., ~-v c:onnao....tions shall b~ d....sianed to coordinat.... \o..i~h the a........h; - t.=-ctu-a' o'am....nts of tho site so as not to b- exnosod exc....nt wh........e reau.;........¿ bv utility nrovider Pad mounted transformers and/or met....- ~~y. 'ocat';~~5 shall b.... .:nc'ud....c3 in the site ulan with an aDDro~-iate sc-........n.;~a :-eat:.mo-- = =::-:'::0'::)':. ;"..~o"""" otho~.'; se 2.DDrOved on a site D'an. outdoo- storaa.... anò/o- sa'''''s =.-oas sha' , be ant;....01v onclosad bv solid walls no~ l....ss than s~y. ( 5) ~"::'o- hc';qh-:: to adÞouatÞlv sr:ra....n ou~d~or stð~aa~ a-02S S.o-ød - - -couired wa"s. Pe~an~~t rnata-': ë... s shall not be v';sibl_ abov.... the ~u~cio:::::- sa~os a-oas shall be s~rpened to im~~ov"" gite a....~thptir:s wh....n \·';cw""¿ ~-o~ a òis~anc"" but th_ sc....e....n;na mate....ials a~e no~ -oouir@ò to he s::,Jid c- o':)acruo and may al'ow filto........ò ~lose-....anae views o~ ~h~ m~~o;~a~s ~o- sai..... Scro""!,';na mateT'ials and d""sian sha'l be cons;st.ent with ~he a-chi-e--u-a/mate~~a's of th_ ad;a~ent build;~c T A.;.... Do'~~·;on. Tho....e shall be no emission on any site. ~o"" mor.... than ono ~ minuto .:~ any hou..... of air contam;nants which. at the emission uoint o~ ~ith';n ê. -oasonab'a d;gtance of thD emission Do;nt are as dark 0; ~~;k:- in sha=D a~ ~hat desianatad as No. 1 on the Rinaelman Cha-t as ~~bî~~~~d ':n -h.... ~~~-....c3 States Bureau of Mines Information Cir~ula"" 77~B L- ador. ~:> '..!se shall be Dermitted w~;ch croat....s odor ';n such auantiti....s as :'0 hø -~a~':'v dotectable bevond th.... boundaries of the 5;+-0 L E::1e:!"O'v ::ï~se""vatio:'l. Build;nas should be located on thD site to D!'"ov';åo ad;ac....-- bi.:.ild;na~ adDouate sunl;aht for sola- access """h....n Dractical " 3~ild';~=~ should b.... àe~ianed to minim;z.... ....ner~' consumotior includ~nc~üt -- ~ot no=.o~sa-';]v lim.;t....d to th.... ~0110wina cons....~ation m....asu-es. lO/Cl/98 7 ~~Jr Chapter II - Section I!. 3 III-12 EastLake II SPA Plans ....;':':)... ... -ø:I°!'"a ~ ~. , :>... . ; dews' ~ h fa,...~n~ W_:1 L. ::::,:)"...l~ - . .~ ..,::j'::lWS . a:1~ - &0,- "'-., 11s' -~VÞ cove~acrø ~ -. t øY.tø~~~- wa ¿,- =-- - . aa.1ns . ....-.... h bØ:H11.I10 a J~ :..c. c. h do t reÞ S . .h :;¡ø=iduous s a - ? . "- ?M--31 Section ¡r. 3 n _ Chapter u II SPA Plans - ~ EastLake II I - ~3 -- -- ::.'::/98 u.·.. - SEC':':::ON IV: BUSINESS :£h~ER D:S~R!=TS =it.O Pu--pose ::: a=:'i~ion ';:::;; :.he obje::::ives outl:"nes :"n Sect:ion LO {PUrpOSE:: a:1d Scope) , :.he 31:.$:':1255 Ce:::.er Districts are incluàed ::0 pro,ride for a q-..lali ty wor),ing e:1~:"=~~ment ~,= :'0 achieve a harmonious mi~:.u=e of uses which might othe~'ise be c~:1E:..õ.e=ed in=o~atible when located in close proximity. Activities are intenàed -- :;:=~mote e~loyment ::;??ortunities in rr.a..'"'lufacturi::; . se:-vice, researc~ a:1d àe:-"~::;pmen:' , s::;i:leering and wholesale t.ra:lS. In ad::'i:.ion, the Business Ce:1":er Dis:.r:"::::.s a::-e i:lcluded to advance the :ollo\t;ing obje:::'ives: To rese=ve appropriately located areas for :"ndustrial use and protect :.hese areas from :":::.rusion by dwellings and other non-ha=monious uses; To pro:.e::,: ::-esiden:'ial and commercial uses f:-om noise, odo:-, dust, smoke, light :':¡~=i.lsion, t:-uck traffic and other objectionable i:¡=luences and ~o p::eve:l'':. : :':-e , explosion, radiation ~~d other haza=às incidental to ce:-:.ain :":1:::us:':-:"al activities; To p:-o¡¡,o~e su:=ic:"e.::'lt. open space a::ot:..~d indust::-:"al s:'ru:::.u:-es to p:-:-:.e.:::. :'11em ::-:¡:i. hazard a..."'l::::' to mir..irr.ize the impact 0: indus:.:-ia: ope:-ations on nearby :-esident.ial 0:: commercial dis:.:-icts; a:1d To mi:::"r:::"ze t=affic congestion and avoid ove:-loading u:'ilities by re- s:.=ict:":lg construction of buildings of excessive size in :-elation to the amount 0: ~and around them. ~. 3usi!lø~~ :ø:1tø= Ma~~&a~~u-~n~ Pa::-k !)":s~""'ict :,:::.s ¿is"::-:'::t is :"::":ended as an a.=ea. :o.r mode~. industrial, ::-esearch, and admir..is"::-a:.ive fac:'lit.ies which can mee': high pe::-:o:-mance a:ld developr.1ent s:.anda::-ès. 3. 3us":nøc:s ~o~tø_ Ma~u~a~~u-~na Sø::",\~'; ~o ::>~ S~::-~ ~- :'his Ii:'s:.:-ict is intended as an a:-ea fo:.- ESh~ industrial and limi ted service commercial uses which can møø~ high pe:-fo=mance a:1d development --- s':anda::--ds. ~ - - Þ? - ~{/ ,,0/C:/98 Chap~er II - Section IL3 !V-l EastLa..ke II SPA Plans -=-/ .1 ?e~tted ~d Con¿itional UseE: Business Center D:'£~ric':.s 7~~ =ollowin~ ~ses shall be permi:ted uses wne:-e the symbol "P" appears and s~~ll ~" pe:-mitte:; ~ses subje=t to a Conditior.al Use Pe::ïr.it where ~he symbol liCit a;;?:a.rs. Uses where the symbol "A" appears shall be subject to ~ Administ:-ative ~ev:'ew. US6~ wh6....e "'hÞ svmbol "N" aDD6a.....s a....e no~ ~"'rmi tt.Þ~ Use,,=: "'·h6....e. "'he. 5-.-:-.=,....1 "a" 2::::-:>c;:o-g a....... ':J",,:lv D...~';t':."'d as a-¡ acc"'sso-" u~e to ê ~asic DØ~~-"''''~ ~ :..a:d Use Land USA ::J"st-i'""-: 3:-1 BC-2 (Ma.~'..:.:acturing (Manufac':.t:.=ing ':)a-k) Se~v';"',:,) ;,.. Manu.&a::::-;.:-';na L ?·~a."":.-..:.:actu=ing , compounding, assembly ~- ~reatmen~ of articles or ï.lerchandise :rom the followin;¡ previously prepared typical r...e.':.e=ials such as canvas, cello- ;:::2.::I.e. clo-:.;¡. cork. :elt. fibe= , --- , glass, leathe=. pape:- {no mill- :'::';J, precious or semi-precious s:';:j:J.es 0= me-:.als, plaster, plastics, s~ells. ':ey.tiles, tobacco. wO:lè. a...,=' yarns ¡ n:lvelty items (not :":l=luding ::"=eworks or other :>:p:::>sive t]?e it.ems) P C -" . 1 a~d related par~s; ~ . :.._e=:'=-~ca " '1 a;>pliances, moto=s :..:..e:::.r.lca 2....""'l=- ¿evi ces i =adio, t.elev-isio::, ~~=~og=a?h a~d computers; ele::- :.==::ic precision instruments; ;.-;e::..:.cal and ¿enta.l inst.rumen:'$¡ :.:"r.-.:":1g and measuring inst::-ume::..:.s¡ .. h' visual machi:1ery¡ a~=:.o mac..l::l.e~¡ :::)srnetics, è=ugs. perfumes. :.:::"letries and soap (not inclu¿ing =e::"~ing or =endering of fa:. 0::- oils) P C 3. ?"..:r::.it.ure upholstering P C .;. ?:..:.b~e= and me:.al stamp manu:ac- :':':':-:":1g P C 5. :'a.~::=atories; chemical C C 6. :"ab::=ato=ies; dental, electrical, ::p:.:.::al, me:::"anical and ~- ;:"¡e::'ical P P - ¿þ-?// - 7. E:::..:..ling pla::.:..s P P :C/C':/S8 Chapter ¡: Section ::.3 - IV-2 EastLake II SPA Pla"s -.....-.--. --.---~~-..-.----------_._~.-~---- -.. .-;=--:::: USÞ ~and u~~ ~~~~-i~~ 3::-1 3::--2 (Ma::u:acturin~ (Manu:a:::.u::-.:.:¡g "='a~y.) 5Þ!\.~"': ""'ø , B . :~m~n~ produ=~s manufa=~uring 1:1 C _. S~o-aoø a~à Wholøsa1o Traåos l. !~:"::i - storage, public s~orage a:Jd s:.o=age wa::-ehouses C p " ~~7i~g and s~o=age : :"::ms ~ p ~ 3. Building ma:.erials and lumber s:.orage yards and/or contractors' yards 1:1 C 4. Bt:.il¿ing e~:"?ment storage, sales, =e~:'als 1:1 C 5. Au:.omobile :leet storage C C 6. ':'ra':'ler, -='=UCJ:, or bus termi:-¿ë.l C C C. Sø~v~ ::""5 l. A...'":i.mal hospi-:al or veterinary clinic a."d/or office p p " Automobile ~~d/or t~ck services ~. including bu-: not limited to: sales, re:J:.al agencies, boåy repai:-, ?aint- :..~; a~d car ~ashes 1:1 C 3. E~~e?=inting a~d photocopying p p 4. ::lea~ing and dyeing plant 1:1 C - . :J:'s:.:-ibutors, showrooms and automobile o::ices p p 6. Zati~9 and d=inking establishm~nts: a. Bars C C ;,. Restat:.=ants, co:fee shops, d~lica~es:;ens: 1) With alcoholic beve=a;es C C 2) Without alcoholic beverages A A - . Snack ba:::.-s, take-out O:11Yi ~ =efres~m'!nt stands within a - ;,uilàing ~-~~ p P 10/01/98 Cha.pter !! - Section :=.3 IV-3 EastLaY..~ II SPA Plë$.ns !...an~ "::'='= La.....:: ~J~~ !)~c::-_.....": BC-l BC-2 (Manufacturing' (Manufa:::.'...:.r:"ng "a=-}:) s".....vi:::c.) _. Fast :~~d restaurants w:":.h driv~-in or drive-through C :: 7. ::":.:.=::i t.u::-e sales. new and used :~~ outdoor sales or display) p p 6. ~~s~:ine ~:"spensing and/or aut.~mobile se:-'.9ice stat.ion C C 9. :::e:1.'"1els H ~ ~ :0. ~=:iports C C :1. :·~:;¡t.=ls, hot.els and convention centers C C :2. 2:e"..spaper publishing, printing. and :::"st.::-ibutio::, general printing and :':.t.~ography p p 1.3. 8::i::es, bus:"nesses, medi cal , pro- :e5$ional. real esta:e and research P p 14. ?"e<;ail commercial when in conjunction ~:"t.h a permit.ted or conditional use p P D. Pub' ..¡ - =...~ S~~"¡-Pu~'ic Us"'s , - . day care schools and ....ay :1u=se=::.es, ::·.:.=se=v scho~:!.s A A " ?~st. o:fices and post. office t.e=minals A C 3. ?~lic ut.ilit.y pumping statio::s, e~~ipment building and instal:ation A A ~. ?~~ic utilit.y service yards H C 5. =::'u:::ational institutions, public or ;::-:'vate including vo:::ational s::hools C C _. Þ.:::C"'SS::-Y US"'S - . ~::::essory st:-uctures and uses located =~ ~he same lot as permitted o~ ::~:l:'':':.ional use p p ~ . 7 . -~ - lG;C:/9B /M"--Y3 Chap::er II Section ::::¡. 3 - IV-~ EastLake II SPA P:ans ------------ " -"-~ -----~---~----~-,_.- "._"-------" !...and :7=:o=. :"2.::'::: 'JS'" D~s--~"'- 3C-l B::-2 (Xa...-m~acturing (Manu:a:::,u~':"ng ?ark) S...~~,......j 2. :ncidental services for employees on a si-:.e occupied by a permi~ted or =~~ditional use, including day care, =e::=eational facilities, showers ~,¿ locker rooms p ? 3. {;a.~::hman I s ~~ ca:-e:.ake:-'s Ii "inS =-..;.ar:'ers o~:y when i~ciden:'al :'0 and c:: the same site as a permi:.:.eà or :::::J~è.itional use A ;.. -. Temo::r-a::::V' Uses 2. ':empora::y uses as prescribed in 5e::::.ion VI.O p ? ""- ~-7'1 - lO/Cl/98 Chapter II - Section ::.3 IV-S EastLakoe II SPA Plans -.. r;.2 ?=~?er=y De~elo?ment S=andaråE: Busi:less Cent.er Dis~ric~s ':':-.~ ~ollowi~; ?~ope=ty àevelopment standa=ds apply :0 all la:1::: and build::Jgs O~~~~ ~han a==2ssory buildings au~hori%ed in this district. J..."y legal 10:' may b~ used as a :::~lding s~:'e, except no build:ng permi: shall be issued for any 10: ha~~~g a 10:' s~ze less :.han 6,000 square :eet. Each building s::e shall have a y¡':":::'~um 2 0 :~~:. wide vehicular access to :.he stree:.. ]... Gøne-a. .. ;ø::rui!"emA:':-s The f~::~~ing ~e~~:'rements are min:'~ums unless o:.her~rrise sta':.ed: BC-l BC-2 Manu.::acturing Manufacturing 'Da.....k) Serv'.i ~ø ) l. :..~:. area, n~· 1 ac. . 1 ac. . 2. :'0: width (in feet) 100 150 3. :..::,: ::iepth (in feet) 150 150 L ?~c:J: ya~d se:back (in feet) 20 ?- .0 5. S:~e yard se:.back each siàe (in feet) 10 ' - .0 6. ?~lic street setback (in fee':) 20 20 7. ?ea= yard se:'back (in feet) 10·' 10" 8. =~:'ldins height, maximum 35 feet or 2 st.ories whichever is less 9. :.:;~ coverage (percent, ne~) 60 70 -Map f== condomin~um development åoes not need ~o meet 10: area require- ment. ~:"=.imum 10: area may be reèuced to 10,000 sf fo= master planned buildi~= complexes, subject to app~o"al of a Precise Pla:l. Such Precise Plan s::'all be fo::- a to:al site of no less ~han 60,000 s:. "May be :educed to zero (0) with Si~e Plan ap~roval. 3. S~¡:¡.~.; a' 'RoDaui.,..ømoD.....~s l. ]..~o:J3' all s~=eet front-ages sit.uated across from any residentially ::::::led p=ope=~y, & minimum three foot high landscapad earthen berm s~~ll be cons~~cted. long all ot.her lot lines adjacent to resiãen- ~:"al dist.ric~s, a maximum eight (8) foot high wall ~~y be construct- e~ if required following Director of Planning revie~. Fences should =:e~d in with the site's archi~ecture. , S:.=eetscapes shall be enhanced to provide an easy ~ransition from - ~~e street t.o t.he builà~ng. Patios, circulation and parking spaces 10/01/98 - d7-~5' Chapter II - Section II.3 IV-6 EastLake II SPA Plans - - -_.~--------._----~-_. ~~-- :a:. be i:'l::lud~à in s"~"'acy. a=~ë.S to he::;::: buffer a=:=-i::.i:1g ?a==~~s :=~~ one a~~:h2r. 3. ?e::iprocal ingress and egress, circula~io:'l and pa=y.i~S ar=angeme~~s s:..all be required where possible and. feasible to :acilitate vehic- ~:a= movemen~ between adjoining properties and to ::"irr.i t super=::"1.:.:J'..ls ==:'veways. - , ?e~:o~ance Standards: Business Center Districts ..I. ~ .... ~.. :n a~_ 2::.siness Center Dist=ic~s the requi::-e:::' setba::r..s s:¡all be ..:..a::1c· s.::ape~. :'ands=api~g shall consist ?redominar.r:.ly of pl=~ materials and shall ~: irrigated by automatic sprinklers. ;.11 plantin" and irrigation shall ~~ i~ accoråance with the City's Landscape Manual. ~.ll lands::aping shall ~e permanently maintained in a clean, ""althy and th::-iving CO:1è.,i- :.ion, :=ee of weeds, trash and åebris. E. hll gr~~,d mo~'ted mechanical equipment, including heating and air con::'i- tior..in: :.l...~its and trash receptacle areas, shall be com;Ùetely sc::-ee:'led :rom s~r=ounding p::-operties by use of a parapet, wall or :ence, 0:'- shall be e:l::~sed \ldtr.in a building. Exposed 9,·:::.ters, åo....~s:;>out.s , ve:lts, louve=-.:: ~,d ot.her similar element.s shall be painted to ma~=h t.he sur:a=e ~o w:::'::= :o""y a-~ attached unless they are used as pa:--:. of the åesign theme. C. ;.11 u:o:._:.:oy connec~ions shall be designed to coordinate .....·ith the archi- tec~urë.: elements of the site so as not to be exposed except ....·here =-equire: by utilit.y provider. Pad-mounted transformers ~,d/or mete:.- box locat.i=~s shall be included in the site plan ~:'th an appr=priate scree~ing :.::-eatme:::.. D. :'igh~i"", 1..11 lig::ï.': sources shall be shielåed in such a ï.ianner that. :~e ligh: :...s :i:.-ect.ed away from streets and adjoi~ing proper:.ies. Illurr:i:-.a- t.0:::'5 S'::,¡L..:. b" integrated within the architec:.u:.-e of the ;'uilding. ':'~e :':1t.ens:':y of t.he light at t.he boundary of any Business Center Dis':.ric:. shall -....- exceed seventy-five (75) foot lambe:.-ts from a source of :-e- :lect.e::' ::ght. -. Elect:.-i::al Disturbance. Heat and Cold, Glare. No use except a temporary constru=':.ion operation shall be permitted which creates changes in tem- perature or direct glare, detectable by the human ~enses ~i~hout the aid of ins'::-..:.rnents, beyond the boundaries of the site. No US" shall be per- . .. . . l' 1 disturbances that affect :.~e operatio::1 of ~~t.:'ec ~.::~=~ c:.-eat.es e ectr~ca any e~:'pment beyond the bounåary of the site. - . :i::-e a~: ~xplosive Hazard. All storage of a...T1d activities involving ::'n- flamma::::e and explosive materials shall be provided wi~h adequate safety ~,d fire :ighting devices to the specifications of the Uniform Fire Coåe. ],.11 i:.1:::'ne:.-ation is prohibited. Aåequate smoke detec:.ors shall be ~~s~al:~= ::l all new const::-uction. ~ -- - G. Noise. :'~e accep~able outdo~ise ex-oosu=" levels, m"asured at ~h" p~oper:y 2.':"ne. fo~ -:he Business ente~ d~str~=~s are glven ~n the :'a~le 10/::/98 ~ ~~ Chapter I! - Section !!.3 IV-7 EastLake II SPA Plans ~elo":. (See am2::.::ied. Cha::l:.~r 19.66 C""VMC :c= ::i,=:ini~i::::E a:1d aà::i:'-::':::¡al åel::?::'S. i ... - Jc2~ -~? - 1C/C1/96 Chapter II Section II.3 - IV-6 EastLake II SPA P2.ans . '"---~ .--- -"-----,-----+,-----,---~-,--"---_._-- Ey.t~ri~~ Nð;5~ Limits· Re~Þ~~~~a Land Us~ Distr~~t 7 a rr.. - 10 D Yr. , 0 ~ n- - 7 a m 3:·1, BC-2 70 <iliA 70 <iliA ·Envi=~~mental Noise - Let; in any hot..:.= ..Nuisa....--:ce Noise - ~ot exceeded at ~y :ime -. Oào". No use sha.2.1 be permitted which created odor in such quantities as ~o be readily detectable beyond the boundaries of the si:.e. - Raàioac:ivity. In all Business Center Districts, the use of radioac:.ive _. mater~als shall be limited to measuring, gauging anà cal~ration devices, and me~ical X-ray diagnostic equipment. ~. Vibra':.ion. No use except a temporary const:-uction operation shall be permi:.:.ed which g~~e=ates inherent ~~d recurrent groc.,d vibration percep. ':.ible, ~i:.hout i~st:-uments, at the boundary 0: the lot or. which the use is locate::'. F... :n a...'"1y 3usiness Center District, the conve=sio:l of a proj ect to cO:'ldo- miniuæ o~~ership shall meet all the requirements of the z::.ne to t.he maxi- mum ext~~t possible. Specific City Council waiver shall be required where the zo~e requirements cannot be met. - Air Po:lu:.ion. There shall be no emission on any site, :0:::- more than one _. rr.i::lUte: in any hou", of air contaminants which, at the err:.ission po in:. or ~·i thi:: a. :::-easonable distance of the emission point, which is as àa"y. 0" darke:::- in shaàe as ::hat designated as No. 1 on the Rin;elman Cha,,:: as publis~ed in the U=ited States Bureau of Mines !nformatio~ Ci:::-cular 77::"8. "-. Outdo== Storage A:eas shall be enti"ely enclosed by solid walls not less ~han e:";b.': (8) fee~ in height to aàequately S=reen views ==om the exte~al boun::ia.=ies 0= :he p"operty. K. Energy Conservation. Bui1àings shall be located on the site to provide adjace:lt bui1àings aàequate sunlight for solar access when practical. Bui1ài"gs shoulà be àesigneà to minimize energy consumption, incluèing, :but not necessarily limited to the following conservatio~ measures: - :::Jgenerat"ion; - South facing ~indows; - Eave covering for windows; - Earth berming against exterior walls; and, - ~eciduous shade trees. O. Toxic r·:aterials. No lanà or builàing shall be useà 0" occupieà in any ITia:'ll1e::- ~'hich crea:.es an unhealthful, dangerous, noxious 0" other~:ise ""'- ::bjec~i::::ïable condition due_ to ~ use," storage or proY-imi ty to toxic !i.ate:.-ia.:s. la/C·:js8 ~ -£jJY II Section Chapter - "".3 IV-9 EastLake II SPA Plans , . Liqui= ~~ Soliè Was~e. ~h2 =ischa~~~ ~~ d~po~:: 0: li~~:= ~= solid ~aS:2S shall j~ s~~ject ~o the p~ovisions 0: Sectio~ :9.66.150 ~~~C. "'- /"¿-~:J -' ~o/o~/9a Chapter II - Section II. 3 IV-~O EastLake II SPA ?lar.s ,-- ---- - ......~._. ~.,-_.~-- -.. SE::TION V: SPECIhL Pü?POSE DIS7P.ICTS .......0 Pu--pose ':'::'e.s~ àis':::-:':::.s are in':B:1åed for gene::-al agricul':u:-e, open spa::e, ;:>ubè.i: a:1ò. ~~si-publi:: uses. Onè.y ::hose additional uses whi::h are comp:emen~ary ':c, and -- ex.ist. --- harmony ~..ith. open space a-ø perrr.i ': ':ed. Fo:- the open spa::e =,:"s':=:.ct.s, :.b.e:-e is no lot size limitat.ion and it is the i::.:.e:'lt t.hat :.hese =:..s==icts ü¿Y ~ applieê to a portion of a lot provided that the remainàer 0: the ::: :nee,:s :.::e ::-equireme:1t.s :0= wh.i.ch it ':'5 zoned. := ad=itio~ :'0 the obje:::.ives out.lined in Subsection I.O {Purpose and Scope) , the C?~ Space ~is:.=ict is included in the ?l~~~ed Community District Regula:.ic~ ::0 a::tieve the :ollowing purposes: To p:-ese::-ve open space for the conse::-vation of natural resources; Main:.ai~ the natural character of ~he land; ?=o\~=~ :or publi=/quasi-public ~¡d :.-ecreatio~al uses; Co~se~'e areas 0: historic a~d commur.i~y sigraificance for t~e er.joyme~t 0: =ut~=e ~~~e:.-atio~s; P:,-o,"i.:ie :0:.- priva~~ use of land under limited àevelopmen:; and Promote public health and safety. _. , ?e~t~ed L,d Conditional Uses: Open Space Distric~s ' .- ~~e :ollowi~= ~ses shall be permitted uses where the symbol "plI appears and shall :,S ?e=rnit.~e= Uses subject to a Conditional Use Permit \ow'hers the sym::,ol II~ - 2o;:,p62o=5. Uses where the symbol "All appea:-s shall be subject to an Aåministra':ive r..e~"':"e""'· . USAI:' ....·~A....A -11A c:'/mbo 1 "N" a'C'::)øa-c: a-A not '::)ø~,~ttød :"2.-:.::: LJse ~ ~ ~ QS.:..i ~ ~ ~ A==i=ulture - !nt.erim A A A A A A A h=~::=e:a (ho=::i:::ultu=al garåen) A A A P A P P C=--=is':mas t.=ee sales A Ii A A . A A ~ C=::-..i!e==ial e~Jest=ian :a:::ilit.ies 11 Ii 1:1 Ii K Ii A ~ C=:::erence :a=~lities 11 Ii Ii 1:1 Ii C C ?~e:::i C:'-O':'Js A 11 A A A Ii A =~~i,: anà vegetable s':anås Ii tl c Ii A 11 1-. G~:: course/co~'try Club Ii 11 Ii tl 1:1 p A 2e201:.11 Club/Spa tl tl Ii p Ii P P ::.e_.:..po=t IJ: tl Ii tl c C C 2=t.el/Mo':.el/~ojging facilit.ies 1:1 1:1 tl tl Ii c - :::-.:~jen:al c::::1:::essio:ls Ii tl tl· p ? p ? ~ ?a=~:s and re==eation :acilities p p p p p P ? ?~li= and ~~asi-public uses ~:~ C ? A , ~. ~C/Cl/98 V-l !..a:-:: -Js'" ~ ~S-2 00-3 ~ """::_= ~ ')::-7 ~ Te:::p:;::.-a:-y t.::-a=: signs and offices A A A A ;. A ;. '!'~==== :a=ming A A A A ;.. A J.. U~:'::":.ies (?~~i: and p~ivate) P P ? P - P ? V.2 Pe~tted and Conditional Uses: Quasi-Public Fa:ilities (PQ) , Fu~u.re Urban (ro) . T~~ :~11owin; ~ses shall ~~ permitted uses wh~re th~ symbol "P" a~~ars and shall be ?€=tï.::. t. ':e::. "",lses subje::: Co a Conditio~a.l Use ?e=tr.i t whe.::-: :.he symbo: n ...... ~ ap?:a='s. Uses wnere the symbol "All appears shall be subject to a.:: kdminist::-a:.ive Re·...·:..ew. Usøs whero tho svmbol oN" ~D!)ea-c: are no· !)Ormitte¿. Tjses who",o t.hø s~';'::-' "a" a'C,:>e2::"S are O~1V normittPd as an a~~osso~ uso to a :::'asi~ normi=·ød ~ :'and Use =-:.... 'DO ~_"\ ~ A~=:"::::.l:'ure - :n:.erim · P ^ A=~:::=e:'a (h:::=:.i::ultural garden) P N C::'=:'s:.r..as :'=ee sales 1-. ~ Ch::.=::::'/Reli~:"~"",ls Insti:.u:.ion ? 11 C~::.r=~ rela:.e= s::hools C N C!.::b, lodge, =raternal o:=-;anization A ~ Co~·~ity Fa:::'~ity ? N C:=-ops, Fielå I:i ? F~i:. and vegetable stands C N G=a~~g and !~==astruc~u:=-e Improvements P p In:::':ioent.al C:::::l=oessions · I:i ^ Pa.=}:s and Re==~a,:ion Facilities ? 11 p~":= and Quasi-public uses p N ~e:::p::=a=y -==a:::. signs and offices · J.. ~. û~:'::'~ies (p~li= and p~ivaCe) ? p Se::~=:- Ca.....o a::= ....øcreat.;on Z 1::1 Da...... ....a~o "'I:"a::':' ~7:';es £ !:r RO.......".2-..;O~ ~:J-:-':).....o.¡:it su:::h as ba'l -'=';01 èc:: Z N ~S:.:=";o~'t to -"'0 -eaui-.crn.cnt:s outlined ;~ Se=tion '9,48.040 (3) 16) Id) CVMC. . . "- ? -- :0/0:/98 ~-5í ChapCer r: - Seccion n. 3 V-2 EastLake II SPA Plans .,-.-.-- ~-~,~~~_..~_._-~--._--~,,----- .--- ---~------- --~--- - ----.-- ---. .. , :~~unitv ~~~ose Facilities rCPF) Dis=~i~t Reaulations . .- :"a~¿s åesi~1!:Þd "CPF" sha1' hø subiþ~t to -ha ~nn'~~abllClo nrov~s~ons in Ti ,:' &:> 19 0& -ho Chu'a V~~ta Mun~~ina' r"odø -For "Communi tv Pu.~os"" Fa~i 1':" ~ "'s . ';nL:lu~~I"1C =:r...:- nor 1 ir.:':-øò to SIClo~:ion , 9 48 020 th....ouah 19 4e 025 Pe!:'TTi';--.::o= and ....o:1dit.;o1J.al Us...s· Communi-v ÞU!""'ðOSO ':'a=i1"; tilC>s (("'OF') Dist-':,..:.s The &~i'o~~';nc usøs sha'] bø Dþ~;t-Ad uses "".....o....ø the svmbol up" a~'::)""'a-s B:1d S:-a.'1 bø ~ø~':-tød usøs subiDC: -0 a Con=''':-ional USiClo 'tIA!ïT1; t wh~;~ ~h~ sV"!'nbo' "ro" aDDPa....s Usøs whø~Þ thø svmbo1 ";"" a~Døars shall bø subiec: to - anD-=-ars arc n~t an ~ci~.";~';st""ativ'" Røview. USGS whÞrø th- svmbol "N''' Derm'; --ød. Uses whør_ thø. svrnhol "a· aDDOa.-S a.....e an]v t)&rmi toted ~s ~n accAss~~ USA to a basic Dø~ittød use C"F l. 30Y Scouts, Girl Scouts and o~her similar organiza~ions C 2. So::ial and human se=vice activities, su::h as Alcoholics A."lonymous C 3. Se=vices for homeless C ~. Ser'....ices for milita~ perso~~el durin; ~he holidays C 5. 5e~ior care and recreation C 6. Worship, sp:"ritual gro~h and developmen~, and teaching ~: :amily values C 7. ~ay care facilities that are ancillary ~o any of the above C 8. ?rivate schools that are ancillary to any of the above C 9. :nterim uses, subject to the :indings outlined in :9.~8.025(E) C 1.Q.... ~A~-ea.tio1'1 &ac';l';t'¡As su~h a.s ball-F'¡A'=s for nO~-':j!"o-Fit ::-=a.nizðtio!'1s se!"V';ncr thÞ 1 o:::a' commu""~-\". subiect to the -Acn.1ir""m""n~~ out'inod ;n 19.~8.004 (B) '5\ (d) !; ..:.:......4 Property Development Standards: Special Purpose Districts A. The :0:10wing regulations shall apply to tl1e site 0= a Permitted or Co~di~ional Use. The re~~iremen~s are minim~m u.~less otherwise stat.ed. l. :)ensity - Maximum Dwelling u.~it pe::- legal lot 0 2. :'ot width (in feet) None Required 3. :"0:' àepth (in feet) None ?.equireà ~ . ?=ont yard set.back (in feet) 20 5. ~ear yard setback (in feet) 20 6. 5iàe yard setback (in feet) each side 20/10 7. 3::.i1:::'ing height ,- feet or two stories, _0 -=- - , ~~S-;J- whichever is less 10/01/98 Chapter II - Section II.3 V-3 EastLake II SPA Plans T-,-I."J.5 S:'gns: Special Purpose Dis~=ic~s £:=~s a?prove~ as a component of a SPA Plan (or Comprehensive S:~ Program) s~all ~e pe=mitte~ ~:~hin open space dis~ricts included wi~hin the SPA. Other signs £~11 be pe~~=~ed only as provided in Section VII of t.hese =e;ulations. _. "'- ~r~3 - :C¡C:/9B Chapter u - Section :1.3 V-4 EastLa:t:e II SPA Plans .-.._.".__.._------,-_.._._.~~..~-_.._.- ----------~-_._----_.,--- -.' SEC::-ION VI: SPECIAL USES AND CONDITIONS ":~~ provisi:;:J.s of this ordinance shall apply. to the uses and condi:.ions h~=e:"na:ter e.:1umerated. Where this se:::tion prescribes :-egula':ions more res:.::-ic':ive :.:..an the la:ld uSe district in which a use or cO:J.::itional use is pe=:r.i:. :.ed. :'~e provisio~s of this section shall apply. \"::.0 ':~o::ary Uses ':':::'s ?:-::)'\"isic::.s 0: this Se::tion shall be y...."lO\olI'l as the Tempora~i üse Regulations ~¡:: shall pr:;7ide regula:.ions for the uses hereinafter enumera:.ed. Whe:-e this Se::::.ion pres:::ri~es regulations more restrictive than the zone i:l which a use or cO:1:::'':'':.ional -..:.se is pe=mitted, the provisions of this Sectio:l shall apply. Tempo:-a::y uses a:-e subje::t to approval by the Director of Pla..~"1ing , except as nO:'e:::.. J... ~emt)or2.~· USDS Li s-od , ::"::-:::uses. rodeos, parades or similar outdoor enter:'a:"~ment or enter- :;:=:'S25, subj~=t to not. more than five (5) calenda: =.ays of ope=a=ion -.. any ::ale:lè.ar year. Requests exceeding these limitations 1:ill =~:::n.:ire ~he submittal and approval of a conditional use permit. 2. :::-..::"stmas t:::'ee sales lots, Halloween pumpkin sales, and o:.her b,:)liåay sales subject to not more than forty (40) calendar days of s:"~e occupation and operation i~ any calendar year. 3. S:.:.:O='':'vision sales offices, sales information =enters, sales pa·,"ilions, and model home complexes located within :'~e subdivision, s:':=je::t to the following mi~imum requirements: a. Offices shall be no closer than one vacant lo~ =0 an existing dwelling unit not part 0: the subdivision, ==ailers may be used for no more than ninety (gO) calendar days or until su::h time as the subdivision sales offices have :Oeen complet.ed, whichever is less; b. An AC paved parking lot shall be provided ",·ith sufficien-c parking spaces to accommodate said use; - . Offices shall- be allowed for a maximum of fo'l.:= years; _. Faith:ul performance bonding in an amount app::'opriate to guaran':.ee removal and/or conversion of the sales office a:ld attendant facilities shall be re~~ired; and, . Other conditions that the Director of Planning déems necessary - . to assu=e that the sales office will not const':'':.ute a nuisance or be objectio:lable to the residential uses in the neig~?!- "- hood. ~~f~ Section ¡¡.3 Chapter II - 10/0:/.99 VI-l EastLake II SPA Plans -.. 4. ::r~';.¿oor a=-: and cra:t shows ~,d exhib~';.s subj e::: ':.0 no': Tnor: :.ha:: '::-~=e-=: (3) calendar days of o?~=ation or e7~ibition ~~ any s~y.=y (5 C ì =al~Ddar day period. 5. :::mtractors offices and s:.o:age ya::ès on the s.;~~ of an a:::.i.ve =~nstruction project. 6. !~::>bile hom~ :-esidences for security pu=poses on the site 0: an a::=.ive cons:.ruction project. 7. :JJtdoor display and sales located \t:i t.hin comrne::.-cially z:::med ~=::::>e!"ties not to ex::eed mo=~ than :':"-.,e (5) cale:l:iar days i:: ð:1Y ~:..:x:~y (60) calendar days a.."1C subj ect to appropria~e condi=io:ls 0: ~be Plannin; Department. s. Seasonal ::etai1 sales of agricultural p::oducts (fruit and vegetable stands) for periods of less than ninety (90) days, if said products a.re raised on the premises. 9. :empo::ary use of properly designed mobile trailer units for class- ==oms, offices, banks, etc. . for periods not to exceed ninety (90) ::ays subject to Administrative Review. Requests ::0::- such uses 0: m::o::-e than ::inety days du::ation shall ::-equi::-e ap?=ova1 of a Condi - tio~a1 Use ?e::mit by the Planning Commission. Such units shall meet. a:l necessa~ requirements of building, fire and health coåes. 10. :0:: any ag::i=u1tura1 and ani~¿l husbanCL-y activity 0:: project (~-H. ::Þ., or similar) conducted for educational pu:=poses or s=hoo1 ==edits, a permit may be gran~ed in any district when the Director -< Planning àete::m.ines that such use will not cause a public ~- ~~isance ::elative to sanita~io~ and health conditions. 11. :~a=itable or scnool sponsored d=op-o::f bins for =ecyc1ing of carlS, ::ewspapers 0:: similar items, 0:: for drop-off of clothes and small :':.ems. Bins shall be located in the pa::king lots 0: businesses or ::::.her publi :: or semi-public property on a tempo::ary basis when .....-r:.t.t.en pe=rr.ission is grant.ed by the property 0:: business owner. .said bins shall be kept in a ~eat and o::-àerly ma~~e::-. 22. h.d.:::it.ional uses determined to be similar to the :oregoing in the ~~~~er prescribed by Section I.4 of these regulations. -. ':)e~';':.c and Bonds 1:.1l ~e;.:?o::-a:y uses shall be subj eet .to the issuance of a Tempo::ary Use Permi ~ by the Di::-ector of Planning and ot.her necessary permits and licenses, inc1udin; but not limited ~o building permits, sign permits, and 501ic:.'::::::-5 0:: .... licenses. In the issuance of such a permit, the ven....J..ng Di::ecto:: of Planning shall indicate the permitted hours of operation and a:lY c:.;¡e= conditions, such as walls or fences and lighting, which are deemed. :lecessary ::0 reduce possible detrimental effects to surrounding develop~e~ts and ~o protect the public health, safety and welfare. P=ior "- - ~o the ~ssuance 0: a pe~it for a temporary use, except those listed u-,der C, F, ~ K and Labove, a cash de~sit may be ::-equired to be deposited by ~, ~ -:-> ~ Chapter I::: - Section :I. 3 10/01/.98 VI-2 EastLake II SPA Plans -.-_._--------~-,-------- :.he Ci:y. This cash àeposit shall b~ ~sed to ~::=ay the =~s~s of cl =a:; -:lP 0: :.h.8 ?=operty ~y ~he City in the e7ent the pe:-mit.tee :a::s to do sa:-:1e. ~. ~)~~':'nc::'; :j:1 or Mod';£';~ation o~ Limi=s Upon .....-=-:..':t.en appli::ation, the Dire::::':o: of ?la:l.."'ling may ey.:.end the :.:"me within w~ich temporary uses may be operated, c= r.~y modi:y :.~e limita:ions u.."'1àer w:.J.ich such use:; may be conåu::ted if :he Direc:o= of Planr.~ng dete:.ïr.ines that such extension 0:::- m::>dificatior: is in a::::ord with t:'e pu=?oses of the zor:ing regulations. ~ :O:1è.'; ~.; ~; 'j-F Sit,:, F~"ow';no T':'mn~-2-J U~ao~ Each s';-~ occupied by a temporary use shall be left :::ee of debris, litter, 0:::- any other eviàence of :he tempo=ary use upon completion 0:::- :=emoval of the use, and shall therea::.er be used only in a=cord with :.he :;n·ovisions of the zoning regulations. E. ~ ':'he application shall be accompanied by a &ee established by the Master .-- Fee Schedule to cover the cost of pro=essing the application prescribed in :::':'5 se:::.ion. This fee may be wai -.red by :.he approvins au':hority for charitable groups that do not need ~~y public se~ices. '\;-::.: Home Occupations A. Eome o=~~pations may be permitted only when in compliance with the con::'i - ~ions ~~s~ed herein. A permit must be issued by the Dire::~o= of Planr.~"g p:=ior to operation of such use. The fee sha2~ be in accc~dance with ~he Maste:= Fee Schedule. L The=e shall be no stock in trade or exte~~o:= storage c: materials in :he :::onduct 0: a home occupa~io~. 2. A ho~e occupa~ion shall be condu=~ed en~~:=ely withi~ a dwelling; i: in an attached 0= a àetached sa~age, it shall not impede the use of said garage for vehicle storage. 3. Electrical or mechanical equipment which c:=eates visible or audible i~terference in radio or television receivers or causes fluctuations in lint voltage outside the dwelling uni~, shall be p=ohibited. ~. O:Üy the residents of the dwelling unit may be engaged in the home occupation. s. ':"here shall be no sale of gooås on the ?~emises. 6, The establishment and conàuct 0: a home occupation s~all not change t.he p::-incipal character 0= use of the àwelling unit. involved. -=- - 7. :'he~e shall be no signs othe:= than-those permitted ~y this ord:":l- a:;,::e. -/Å-/S-~ Chapter II Section r:.3 - :0/:::,1/98 VI-3 EastLake II SPA ?la:lS B. ~~~ =equi=~= =esiden~ial o~~-s::.reet parr:.':':1g shall ~e maintained. 9. k home occupation shall not c=~ate vehi=~lar or pedestrian tra::ic ~~ excess 0: that which is no=r.¿l for the land use =~strict in which :.t is lo:::a':.ed. 10. n:> vehicles or traile=s (inclu=ing pick-up trucks ~,d vans) 0:' =on- s:.:::-uction or other equipment, except :.hose normally i:1cidental to ::-esidential use, shall be kept on the si::.e. ,':,2 Re~=eation~l =ou=~s C==s:.~=tior. 0: =ecreatio~ courts, includ~ng necessary fencing ~,d lighting, rr,ay b: ;>e=mitte:: subject ':0 aàministrative review and a finding t.hat adjacent pro?erties ~ill not be unduly affected. P.e==eation cou:'':.s shall meet the following minimum standards: ~,. A ma>:::..r....:.lm 20-foo': high =ence (measured from the finished grade of the cou=t.) shall be a:lowed. Fences shall incluåe a screenin; material which scree::s ':ne cou:-:. activity from o::-site view and whi::h improves the appea=a....~::e of t.ne :'ence. E. Set.backs for the ::::Jurt shall bA. . Side ya.rd: 10 feet. Rear ya.rd: 10 feet. ~ Maxim~~ of eight la) light.s permit.ted, heigh: no~ ~o excee= 22 feet. ;.11 .... ligh':s 2.:1d ligh~ :'ixt.ures shall be certified by a qua.:"ified ligh':i::!g engineer ':.0: 1- .::~ åesigne¿, constr-u:::ted, m:n.:_"1~ed and rnaintaìneò such that, t.he _:.;nt sou::'ce is cut. off "...hen '\~iewed from any poi",: five (5) :ee" a::'::>ve the S:01L''1d measured at ':.he lot line. 2, 3e designed, construc':.ed, mO~"1~ed and maintained sucb that the maxi- ~~m i1luminat.ion intensity measured at ':.he wall of any residential ~~ilding on abutting prope~ty shall not exceed ~ foot candle above arr':'ient levels. 3. 3e used between 7:00 a.m. and 10:00 p.m, D. The st:.::ace area of any :e::reational court shall be designed. painted, colo=e~ and/or tey.~u=ed to reduce the reflection from any light incident :.hereo:-. . _. Lanåscaping shall ~e installed as ~equired between the fence and the p:.-ope::-,:y line. ~ - - 7 Section 7I.3 kb¡;~?? Chapter II - 20/0:/98 EastLake II SPA Plans ---------~-_._-~ .. --...-----. ------ - \_. , r.e::"'"lf:ls - Co:::nercial and Non-co=mercial -~ :0110....·:.::.= =egula:.ions are established for ope=a:.ion an:: i..ainte:lan=,= ~: c~~e=cJ.al a..::::. non-corn.-nercial kennels in the Manu:a:::turing 5::-,,~ice La:l:: :Jse I:':..s==i:::t:.s p:.;:-s:.¡ant to Se::tion IV.l.C.9. ~.. A..."1ima: ::-":"''"15 shall meet the following minimums: - . !·::.::ir.1um sizes: ~ f C" y. 5'0" ':or small size anirr.als :;":)" y. 9' a" ::J:- me¿ium size ar:imals ;.' :r'o y. 9'0" :0::- la:-ge size animals " ;'_~irr.al :-u..'"1S shall be constru:::::.ed and/o:- coated ..·.::.h non-?~=-ous ~. i..a :.e::-ial :'0 discourage the b:-eeding of t.icks an: other similar pests. 3. ;''':1 animal :-uns and animal holding areas shall :"a·.re concre:.e 0:- =t.~e= åu=able flooring sloped for proper d::-ainage. ~. .-- animal =u..'"'lS shall be p::-ovided "'~th adequa:.e enclosures to ==::-~·:"de p:-o:.e::::.ion from inclement weather. S. ..._..!. animal =-:.L'S shall be provided with drains suffi::'ent to c::J:-;.'==:;¡l ==a:':;,age and daily washing of tbe runs. 6. ;''':2 animal ::-u.."'1S shall be washed down daily to con:'::-::Jl odor, :.l~es a~= :.he b=ee¿~ng of ticks, fleas. bacteria and other similar pes:.s. 3. ~l ke~~~:s shall be served by sewer and/or all excrement ;roduced by s&id . ,. a::.imals shall be dispersed on a re9"'..:lar basis s~ as to co:;.:.=~l J.:enne..;.e:. :lies a...""::::' :;¡do=, ~=- stored in an e:1:2osed co:::.a:'ner and :::':"spersed _.. a =egu.2a= =asis. C. '" :1::'se shall be sound attenuat.ed so that ":~e noise , ~...=.' measure:::' at ......-... --' -- t.~e p==per:.y line is within the ambie:1t. 2eve1 :0= the 1an:::' :.:.se d~strict i:1 w::icr. -:.::'e site is located. D. No a::in-.al ru..'"1S, exercise areas 0::- keeping 0: the kenne:ed animals :0:- :ommer::"al and non-commercial pu=--poses shall be loca:.ed ""ithin t.he ::::-eauire:::' front, s==eet side or side yards of the land u.se distric,: in 1,o.·:-.ich :.;;'e sit.e is located. VI."; A=caåes A. :::. o=:::'e= :'0 minimize aàverse effects :.hat arcades and elec:.=onic games ~~y ;¿ave 0:: :~e neighbo::-huod 01· area in which it is located. the fOlloKing =egt.:...!..a:':::J:';.s a::-e established. Arcaåes may be pe=mitted only :"n the Village :en:.e= ::::7:.mercial land use district subject to a conditio::al use perr.,i t. a:1d to :.::'e conditio:1s listed herein: "- -' ~~5~ Chapter II - Section ::.3 lO/C:/98 VI-5 EastLa,}::e I! SPA P~2.:';.s l. .. ~ -, such facilities shall p::-=-..-iåe pa=y.~"g with :'::;-=e55 an~ e;::-ess ~._- ::ies:igned s" as to" minimize :=affic c:::;;;est.ion; ';::;-.2.:1 be n~- less ~- ~~an twen:y feet away from any adjacen: residential zone; and s~all show that aàequate cont=ols 0:- measu:-es will be -=.aken to p:-event ~=:ensive noise and vibration. Should :~e Municipal Code be amenàed =0 proviåe addit:ional regula:.ion of ~b.ese uses, su=h amendment.s shall apply to arcade or simi~ar uses ~i:hin Eas:'~ake II. 2. ~he operat.ion of four or less machines s:-.all be pe~.itted provided :.heir operat.ion is ancillary :0 t.he use 0: the buil¿ing and said use ~oes not ~~-:erially al:.er :he p:-incipal use of suc~ a building_ The ::pe=ation 0: four or less ~~c~ines whe=e t.hey are :~e principle use ~ay be approved by t.he Direct.or of Pl~_~~~g where, :.:¡, his judgment, ~be location does not cons~i=......:e a t~a=:i= or sa:e-:.y haza~d to the public or abrogate the inten-:. of the =e;ulations =~ntained in this se::::.ion. "- -' ~~~ Chapter :: - Section :1.3 :!.O/C:'/98 VI-5 EastLake II SPA P2.ans ,-.....---..-..-.-.- ---~._- --..,. -----. - SEC-::ON VII: C~MPREHENS~ SIGN RE~~TIONS \-=:.0 ?tl-~ose ~~e p~ovisi=~s of Sec:.ions VIl.0 toh:-ough v: I. 3 , inclus':'ve, sha:: ~e Y~own as ':he ::::::;::-ehens':' "Je Sign Reg-ula~ions. It is ':he pu=pose of t.hese provisions too e~':a:::'lish ¡; ::::;¡mprehens::'ve syst.em for the ~egula':.:'::::¡ of on-s:.':e and 0::-==:':'5: 1::';::S. ':.:.: :::'tv ~: :;:::.la Vis:.a rec=>g::.:'zes the :1.eed :o~ si;ns as a rnea:1S too ide:::.:':v =~~~esses ~:':~~n the ::om:nu."1i ty . However, :.he City also recogn~zes that sig::.i:1.g ::'s an im?o~:.a.-:.:' desig:¡ element of the physical e:1vironmen:. . Regula~i=>ns c==s:'stent ~i:.b :.he goals and objec~ives 0: the comm~~ity are necessary to ensure ----- tohe cha~a:::'er and image t:he communi~y is striv:"ng for ca......" be at:t:ained. -~- :-: :'5 the p~=?:>se of tt.is chapter to make EastLake =.:. attractive t:o residen:.s, .'-~$::' -:o.::-s, a..-~ ::ommercial, indust::-ial and professio:lal businesses while main- ,- t~::'~':'ng econo~~:: stability th:ough an attractive signing program. Speci:ically, :.::e p~rposes ~- this chapter are to: ?:-o:.e:::. :.he gener~l public heal:.h, sa:ety an= wel:are 0: :.he commur..i:.y; Redu::~ p::ssi.ble :.raffic and safe~y hazarås ~hrou;h gooâ s:.gning; Dire:::. persons too various activities and uses, in o=àe= ::'0 p:-oviàe :or maxim:J.rn public convenience; Provide a ~easonable sys:.em 0: sign =egulatio~s, :'0 ensure :.;"e developme:1.:' 0: a - quali:.y ·,:isual environmen':; Encoura;2 signs w:::'ch are well desi~ed and pleasing in appea:-ance a:1.d too -:J=ov':"::'e ':'n::en'tive and latitude fo:- variety, ;00::: design relationship ::'0 t.he b:.:.si:less 0:- use it: identifies, a:1d spacing between s:.gns and bt:i:d- :'ngs; Encou:.-a;e a desi:-able u:-ban charac:.e:- which has a minimur.':. of clutter; Enhan::e :.;"e econoIT'.ic value of t:he c::nnmuni ty and each area, business and use :.he::-e:>f, t:hro1Jgh the regulat:io:-l of such elements as size, number, locati:n design anè illumination 0:' signs; and, Encoura=~ signs which are well lo::a:.e::', and take in to acco~~~ t.he ser"vice a:1è usa;e of adjace:1t areas. v-- , ?e~it Requi=ement and Review -........ J... Sign ?er~:':. Required - si;~ perTni t. shall be required in accordance' ",·ith Sect':'o:J. 19.60.030 of ^ "- -' :.he Mu..--::"::::"-:Jal Code for any sign except as· follows; proviâed, however, - a:1Y s~gnage i:1 excess 0:' ~he 'f:' , lis:.ed below is prohibite=: spec~~2 ey.empt:~on ~~t,O Chapt:er II - Section "".3 10/::','98 EastLake II SPA Pla~s l. ~~~anent ~~~d~w sicrna~8 no~ ~x=eedin; ~w~lve 112, squa::-e :e,=: pe= ::;·..:.si.ness f=~~tage and limited ~o the name 0: the =r:.!s:"ness, se=·..·:.::e:. ~- use, hou:-s of operation, add:-ess and emergency info:ïtia':io~, except exposed neon ::ubing signs adve~~ising pro¿u=~s for sale on :.he premises, are permitted as permanen:. signs. 2. 7e~orarv a~vørtis~nc sianao8 painted or. the window or cons:.ru::.ed ~- pape:-, =loth, 0:- similar expendable material affixed 0:1 :.he \o,":":ldow, wall or building surface, provided that all of the follo~ing =o~ditions are met: ... The :.0:.a1 area of such signs sha~: ~ot excee= twenty-five (25) percent of the window area; however. in all cases, twelve (12) square feet per business frontage is permitt.ed. ~. Such signs shall be affixed to t.he surface for no mOre :.ha:l thi:-ty (30) continuous calendar days but fo:- not more ':han sixty (60) days each calendar year, to promo::e a particular even= or sale of product or merchandise. 3. ?~2.' Esta.t.Þ Sians fo"" R~sidpI"!.-ial Sa.lÞs· One (1) sign per s:':-eet ==:::l:.age :10:' exceeding four (~ ) squa::-e :eet in a:-ea and five (5) :es': in height, proviàed it is unlit and is removed within fi:':een (:S) days a=:.er the close of escrow or the :-ental 0:- lease has been accomplished. Signs placed on the :-ear stree:. frontage a-A p:-o::ibited. Open House signs not exceeding four (~) square ~ICIICI- in ...--... a=ea and five (5) feet in height a-A permitted for direc=i"g p:-ospective buyers to proper::y offered for sale. ~. ':-='';,::;r=e.' S';:::m.S: Political signs having to do "'i::h any issue, =a~lot measure, political sta:.ements and expressio~s, or candi¿a,:e -- any Municipal, County, St.ate or :Federal ele=tion shall be pe:¡¡;it:ted subject to the :ollowing p=ov'isions a"d any o:.he= app:icable p=ovisions within this chap:.e=. ... Any pe=son, party or g:-oup posti"g signs in :.he City shall abiàe by the provisions herein se': fort-h. _. All political signs shall be placed, erected, construc:.ed, painted or assembled, no earlie:- :.han thir::y (30) calendar days prior to the election and shall be removed no later than ten (10) calendar days following ::he date of ':he election. -- A poli':ical sign shall no:: exceed ::::i:-=y-two (32) square ~øø" ---.. in to':al a:-ea for one side; àouble-faced signs shall not. exceeå thirty-two (32) square fee:: per side. No signs shall be placed in a manner ~hat would obstruct Yisibility of or impeâe peàestrian or vehicular t=affic, or ::0 endanger t.he health, safety, or welfare of the community. ¿. All political signs shall not exceed an ove.=all heigh:: of eight. (8) feet from ~he finished g=aàe immediat.ely around ;he "'- sign. ~~~/ Chapter II - Section II.3 10/::/98 VII-2 EastLake II SPA Pla::cs .._._.,_....~..,---""- ......-,...- ---.-- ----.-. ~. NO ~~litical signs s~a~l be lighted ei~h~~ ài~ectlv ~= ind~=9~tly unless said sign is erec:ed, pain~ed or construc:ed on ~ auchorized structure alreaèy providing illuminatio~. :.. No pol.itical sign shall be placed Or affixed to a tra::ic signal, street light, tree, fence, utility pole or existing sign, nor shall be pos~ed on any public property or ~n ~he publi::: right -of -way, if in the opinion of the Director of Planr.~ng, said sign impedes or renders dangerous public access to a..9JY public improvement, including but not limited to utili=y poles and fire hydrants; or obstructs the vision of any sign åesigned to regulate, ::::mtrol 0:::- assist 'Oubli:: 0::- p=iva~e transportation or obstructs the vision of any user of a public right-of-way. - No political sign shall be posted in violation of any provi- sions of this chapter. Further, the Director of Planning or his åesignee shall have ~he righ~ to remove all signs placed con~rary to the provisions of this section. Any poli~ical sign placed on private property without the consent of said p:.-iva-:e property owner may be :-emoved by said owner 0:- =epresenta~ive u£ said o~~er. 5. ~~---a~~o- ~- Const~ctiDn Sians' For residential p:-ojects greater t:~ four (,) àwelling units, commercial and industrial projects, ~~o (2) direc~ory signs shall be permit~ed on the cons~ruction site :c= all con==actors (may include financial institutions, real estate a?ents, subcontractors, etc.) not exceeding thirty-two (32) square :eet each, ~~less legally required by government contracts to be _arger. No sign shall exceed eight (8) =eet in overall heigh~ and s~~:l be loca~ed no closer than ten (10) feet to any proper~y line. s~=t sign shall be removed upon the gra~ting of occupancy by ~he :~:v. For all other projects, a total of two (2) si~s per àevelop- ~e~: site may be ins~alled wi~h a maximum of four (~) square fee~ in ar:a and five (5) feet in heigh~ for each sign. Such sign(s) s~all ~= removed upon finalization 0: building permits. 6. ?::-.......... 'T'øna~- Idønt'; &ïcat'; o!'" S'; an: Fu-:ure tenan': identifica:-:ion s~~s may be placed on vacant or developing property to advertise ':~e future use of an approved project on the property and where ~~=~rmation may be obtained. Such signs shall be limited to one (1) per fronting street and to a maximum of ninetY-Six (96) square feet ~n area and ~welve (12) feet in overall height each. Further, such s~~s shall ~e placed no closer than ~en (10) feet ~o any proper~y :~n2. Any such sign shall be removed upon finaliza~ion of building ?e~~':s. Where a project has in excess of 600 lineal feet of fron,:- a?e, one aåè~':ional sign for each 600 lineal feet is allowed. 7. ~oa1 Estatø Sians for Sale o~ Commørcia' or Industr';al ~rDn....~tv: One ::} sign per street frontage not to exceed thirty-two (32) square :ee': in area ~o aåvertise the sale, lease or rent of such property. Kosuch sign shall exceed eight (8) fee~ in overall heigh~ and s~all ~ ~~~ :,e located wi~hin ~he public right-of -way. Where a proper~y~has . -/ i:? ~ / ? -r.J ~ t/ ....L- Chapter II - Section 11.3 10/C':/98 V¡I-3 EastLake II SPA Plans ~x=ess :.: 600 lineal fee': -ç :::-on':ag~, one a::i::':':.ional sig-:: ::)::- -.. ~- c:aci 600 l:";H~al feet is allow~~. 8. ::~.':Øo=-io!" s'; ems within a stru:::.ure or building whe:l not visible or readable, nor intended to be read from o::-site 0::- from outside of :.:"e structu:-e or building. 9. :de~tifica:ion sians :or a business se~~~Øo or US~ no greater ':.han :::1'.1= (4) square feet in area ~ay be pe~.i:.ted. Sai~ signs shall not :>e visible from the public ri;ht-of-way, shall be a':tached to the r..ain building, shall be for pedestrian traffic, and s~~ll not other- ¡,;:'se requ:"re a building permit. 10. t.';Øom~)"·"ial "'ablets DlaauÞs o~ d';~Þ~:';o!lal si~s for commu::i ty :-..i.storical :-esources, installed by a C:'ty reco;::.':'zed Histo::-ical So=iety or =ivic organization. 21. :o~venience sians and seconda~ åirÞ~t';on~' sians no:. exceeding four (4) squa::-e feet in area (see SPA Plan) . :2. ~Øoe';åØo!ltial buildina idøntificat;on s';cns used to iden~ify in¿ivid- :.:.al resid2nc2s and not excs2ding four (4) square :2e~ in area. 13. ~þ ~amA Dlate per parcel not exceeding :ou: (4) squar2 feet in area :'::0" single :'amily residential uses anè ag:-icultural uses. :'4. ')=~~~ia' and leaal noti~es issued by a-~y court, pu:::,:i= body, person, ~r officer or in furtherance of any nonju~icial process approved by s:.a:.e or lo::al law. 15. S~~s D-ovi¿';nc åi~Þc~';on wa........,~nO' 0- ~~~o~at.;o~2 . ~.;ans 0= s:.:::-Uc- ~~=es required or authorized by law or by Federal, 5':.&t.e, Coun':Y, ::or ::'ty auth::o:-ity. , - ~~nalØo o:~~cial ""ac of the Uni ted S~at.es of A.."ne::-ica and/o:- two _0. !2) flags 0: either the State 0: Califo=n~a or ot.her states of the ::::ited Sta:.es, coun:.ies, mu...--:.icipalit.ies or offi::ial flags for ::a:.ions, and flags of inte:-:¿ationally or nationally recogr..:"zed organizations or the company flag. Flags shall be a ~¿ximum of five 15) feet by eight (8) feet unless othe~'ise specifically approved on a Site Plan. :'7. S';ans o~ ~ublic utili~v comnan';os, indicating danger or which se~e as an aid to public safety, or which show locatio~s of undergro1l..Tld :a::ilities 0::- public telephones. l8. Sa~Øo-::v s';ar..s on construction sites. 19. :);Øo 11\ :~ØoQstandino timÞ and tØo~e~atu~ø sian that conveys time ~Tld ~ernperature only and not exceeding twelve (12) sq.,¡are; feet in area ;;.;:)=- :ifteen (lS) feet in height, or not. higher tha:'l the roofline, \,:::.::..cnever is less, when combined with business i¿e:1tification in "-- -' a==or~ance ~~th Sectio:l VII.3, and·co~'ted toward sign area for :.he :~ees:'anding sign. ~r.f,;J Chapter I: - Section II.3 :'C,/C:/.98 VII-4 EastLake II SPA Plans -_._-----~---_._~- _._-~---_.__..~-_. _..._._··M_._~_·_ -.' :i0. '):;'= (1) wall m?unteó t:mø and -øm~ø~a~~~~ ~~=n tha: ::::J:¡,veys t:'m~ and ':.~:rrperature only no~ exceeding twelve ,- -. square :~e:. in area shown ,_¿I when combined with business identi:i:::a:.ion in a:::::ordance wdth Se:::tion VII.3, and counted toward sign area for the ",;all sign. 21. "N~ TrøsD2ssina", Ilno parking" , and s':'rr.ilar wa=::ing signs n:::>': exceeding four (4) square ç"",ø'" .--- . ::L S:'c:ms on -:Jub1ic tranSDortati'::j:1 vøhi,::~øs ::-egulat:ed by a political subd.ivision, including but no:' lirniteè to buses and. taxicabs. :3. ~·~s on ' ~ ~ø:1SØÒ c'jmmcrc-a1 vøhicløs, ?=ovided su:::h vehicles a~~ ..oJ. used 0::- intenåed fer use as porta.b:"e signs 0::- as may be p::-o- ~i~ited in Section VII.l.B. ~,- ;.. c~anaø of CODY con:orming to an approved Comprehe~sive Sign ?::-o- 5'ram. All other changes of c:>py shall c~mply wi~h Section VII.l. 25. -:1-=idaontal sians fo!" automobil"'" ....eDa...... s·ores. casol"no s"'"rvi ....e :':a:.io!'c: . automob;' Þ dealaors with sO::-\....; "'þ ....ø~a.;-s motøls and ~::J"'ø's, S ho"dng notices of se:-vices p:-oviåed 0::- :-equ.ired by law, ~:-ade affiliations, c:-edit cards accep~ed, a.."'1å the 2.ike, attached to a ::-eestandi~g sign, structure 0= buil¿inSi proviåe: ~hat all 0: the :ollowing conditions exist: a. The signs number no more than fo'..l= (~) . ~. No such sign project beyond any property line. _. No such sign shall exceed an area per face 0: :our (4) square feet. 26. ::~':)v aDDlied ':0 ::uøl ~umDS 0"" ¿.;sDønse....s :,y the mant:.:acturer su=h as :~el identifi:ation, station logo anà o:.he= signs =equired by the la.....·. 27. h=.....; eu' tu"-'a' s';crns, either wa.ll or f=eestanding t:?es, non-illumi- ::a:.ed, and not exceeding four (~) square feet for lo~s two (2) acres c:: less and sixteen (16) square feet :0= lots grea::.er than two (2) a:=es, ident:i:ying only t:he ag::-icult:u::-al p::-oduct:s g::-own on t:he pre- r.:ises. The ~umber of such signs shall be one (~) per street front- age or a maximum of two (2) , wit:h all signs t:o be locat:ed below t:he roofline and =:-eestanåing signs to be no ~igher tha~ eight (8) feet. _. ?....o~.;=~-,..~ Sians' All signs not: exp::-essly pe::-mi::ed a::-e p::-:>hibit:ed in all z:>ne:s, i~cluding b~~ no~ limited to t.he follo.....·,i:l; : l. ~:>:J= signs. 2. :;-lashing sig~s ( except time and tempe~a~u=e signs) "'- 3 . .k:,imated sig~s (conveying ~he illusion 0: motion) . -. ~. :;.evolving or ::-o:at:ing" ~¡ ~ j, " VII-5 f Chapt:er ~T - Section II.3 lO!C!98 EastLake II SPA Plans .--. 5. ·h:::':"cle s~;:1s (wh~n ~arked 0= s~ored on property ~~ ~den~i:y a ~~s:- ;'.'=:55 0= adv~=tise a product) . 6. ?o=~able signs (except where permitted in this chapter) 7. :)~:-site signs (except temporary subdivision signs). 8. 5:'gns wi~h:'n the public right-of-way lex:::ept thos~ requi:::-ed :,y a ;~ve:::-nmen~al agency). No sign shall be so placed, ~:::-ected 0:::- =~n- s~=cted on a utility pole, ~raffic àevice, tra:fi= sign, ",ra=r..ing ~ ~ .-., or s::> as to impede ac:::ess to a:¡y public il1':?=ovement, or to __::!H, ~~s~=uc~ ~h~ vision of any su:::n signs ey.:::ept as may ~e permi~~e= in 5~=~ion VI!.1.A.4 0: t.his Chapter. 9. 5i;ns located on public property except as may be permitted in :,y Section VILLA.4 of this chap~er or -chose required by a 9'0ve~- hì~:l~al agency. 10. Signs within the public right-of-way prohibited by the Streets and ?ignways Code (Sec. 101 et. seg. and Se:::. 1460 et. seg.) , the -vehicle Code (Sec. 21400 et.. sec¡:. ) and the Public Utilities Code ~Se= . 7538 e~. sec¡:.) . 11. Signs blo:::ki:¡g doors or fire escapes. 12, Ou':.side light bulb strings and exposed neon tu=:,ing out.side ~< ~. ~uilding ( ex:::ept fo:: temporary uses such as Christmas tree lots, carnivals and other similar events with prior approval of the City) . 13. 3a:::"'"'le::s, flags, pen.,ants a:¡(Ò balloons ( except as permitt.e=. :.n Se=~ion VII.~.16 and except :or special events as ;:;rovided fo::- on :.:::.s chapte~ in Section VII.2.A.3). 1..;. :~:la~able advert.ising àevices of a t.emporary na~u=e. including ho~ 2.:'= =-alloons ( except for special even:'s as proviàed for in ~his ::::ap:.er in Section VII.2.A.3). ~5. ~=ver~ising S:.ructures (excep:. as othe~'ise permitted in this chap- :.er) . 16. S:.a:.uary (st.atues or sculptu:-es) advertising produ:::ts or logos of :.ne business that are located outside 0: the.struc~ure that houses -:;¡e business. ,~ :'he use of è~cals, stick-on or transfer letters, or tape on :-he -, . ...·alls 0:- pa=ape:.s of buildings, fences, walls or o-:her structures. 18. ?eaderboarè/changeable copy signs, either electric or non-electric sxcep:. as pe=mi:.ted in this chapter. 19. 5~;~s which p~=port to be or are an imitation or resemble offic:al ~ ~ra::ic wa~ing devices or signs, that by color, loca:.ion or li~h:'~ :~= ffiay co~fuse or àisorientvehicular -or pedestri~~ :.raffic. Tbis æ ;- ~S- Chapter II Section "".3 - 10/C:/98 VI!-6 EastLake II SPA Pla:¡s -.--- ,-...-....... -....- _.~~._--_......-._-_...._-_.._- "-..._--_.~..._,_._. .----.--- ::':::.es not i~=lude t=a:fic or ¿~re~tio~~l signs ins~&:led on p=~~a~e ~=:Jpe=ty ~~ -::on~=ol on-site traffic. - S)an~ ~~1a~~nc to InoD~ra~~vÞ Ac~;v;~iÞs· Sigr.s pertain~~g to activ~ties - . Dr bus~nesses wì:.ich are no longer in ope=a~ion, ex.cept for temp::¡=a::"y closures for repa~::"s, alteration or similar situations, shall be :-em::¡ved from ~~2 premises or the sign copy shall be removed \o.·i~:-.:'n thir,:y (30) days - ~-a..... the premises has been v'acated. Any such sign not =em::¡ved 0::.___... withir. ,:h~ specified time shall constitute a nuisance and shall be subje~t to re~=~al under the provisions of this chapter and local ordinance. _. Enfo--a.~øn~. V:·C'al p.,..ocedu....~s. a::ld 'Pønaltiøs: Enforceme:'1t, legal proce- åu::"es ~,= penalties shall be in acco::"dance with the enforcement proced~res e5ta.:b:~shed by t:le Municipal Code. Una.uthorized illegal signs may be abated by the City in accordance with local ordinance. If said sign is stored by the Ci::y the owner may recover said sign from the City upon payment to the City of any storage and/or removal charge incurred by the City. :"ne minimum charge shall be no less than three dollars ($3.00) per sign. J.ll signs removed by the City may be åestroyed thirty (30) calendar åays :~ll~wing removal. If any sign, in the opinion of the Direct.o::" of Planni:¡;, is an immediate threa" "0 the public health a:ld safety, said sign 5:"=...:.1 be immediately and sumrr~rily :::-emoved with ~~e cost of said :-em~va: cha:::-ged ~o ~he p:::-ope:::-ty owner in acco=~'ce with ~ocal o:::-dinances. _. ~c~s-~~--~or. and ~ainta.nancø. l. C=~:r~'l~~~l""'tio"" . Every sign and all parts, portions, and mat.e:::-ials s~~ll be manufactured, assembled, and e:::-e::ted in co~liance with all a~~licable State, Federal, and City regulations an the Uniform :'..:.ilding Code. 2. r·:a';:1~"'nancø : Every sign and all pa:::-ts, portions, anå mate:-ials s~all be maintained and kept i~ proper :-e?air. The ::iisplay surfa::e =f all signs shall be kept clean, neatly painted and ::::-ee from rust a....,d corrosion. Any cracked Dr broken surfaces, and malfunctio~ing =r damaged portions of a sign shall be :::-epaired or replaced within t:::.rty (30) calendar days following notification 0: the business by the City. Noncompliance with such a request will constitute a ~'..:~5ance and will be abat.ed. Any maintenance, ·except a change of copy, which does not involve structural change, is permitted. \:"!!. :2 Sign Regulations Si;:¡ pe::mit5 r;-,ay be issued for signs included unåer this sect.ion provided the si~s are in ::ompliance with all other applicable la\\'s and orè.i:¡ances. J... S;~S 'DÞ~':'t~"'d ~n a~v Land UsÞ Dist....~ct: The f c: 1 ::¡\.;ing S ig:15 may be permitted in any land use è.istrict. These signs ~=e in addition to those signs expressly permitted in each land use "'- ¿istric~ and are subject to the p:::-ovisions lis"ed: ~ . d- /tt Chapter I! - Section II. 3 10/0'-/98 VII-7 EastLake II SPA Plans -, 1- "~"":.J"'!l'¡ "'!'l"'~ Sians' On-sit.~ signs no greater t.ha:: six (6 ì sq'"..i.a=~ :~~~ necessa~ for public convenience or safety may be approved by :h~ Direc~o= of Planning or his designee. Signs co~t.aining ir.:o=ma- ':ion such as lien trance, " f1exit," or directional a:-rows shall be designed to be viewed from on-site or from an area adjacent t.o the s:'t.e by pedestrians or motorist.s. Signs t.hat convey advertising or ~roducts shall not be considered a convenience sig:l. 2. :om:J!"Þh"'ns';v'" ~ian P~Da~am ~o- Commp--~~a' and Indu!=;-....ial Zo""""s: A :omprehensive Sign Program shall be developed for all commercial and :"~:i:lstrial centers consisting of four (~) or more t.enant spaces. ~~~ purpose of the program shall be to i~t.egrate si~s with building c:....._ landscaping design into a unified architec-:.ural unit. This s~all be achieved by: "-. Using the same background color on ,,-11 signs. j, Using not more than three (3) different colors for sign lett.e:-ing. - . Using the same type of cabinet suppo~s, or me:hod of mo~'ting =0:- signs of the same type, or by using the same type of con- s~ruction material for components, such as si~ copy, cabine:.s and supports, or by using dissimilar sig:ling dete=mined compa~ible by the Direc~or of Planning. -. Using the same form of illumination for all signs, or by using varied forms of illumination determined compatible by t.he Direc~or of Planning. ~, Allowing the use of different colors for logos. 3. S':'e:-i al Ev-=-~t Siems: Special event signs m,:¡y be approved :0= a :~~it.ed period of time as a me~,s of publicizing spe=ial events such "-s ;:-and openings, new management, inventory sales, Christmas tree ":'::::'5, paraåes, rodeos, and fa.irs tha~ are to take place within ~as:':'ake I¡. "-. Commun-tv Sn-=-cial Ev-=-nts such as a rodeo or community fair may be permitted the following signage: (1) No more than four (4) off-site signs up to thirty-two (32) square feet and eight (8) feet in height to publicize the event indicated above. (2) Temporary adve:-':ising signing consis~ent with the requirements set forth in Section VII.l.A.2. -. Comm-=-rcial SDecial Ev-=-nt.s such as grand openings, Chris::mas tree lots, painted seasonal holiday windo\o,' displays, and notice of new management may be permitted the following "'- signage: ~-?l . Chapter II - Section II .3 10/:::/98 VII-8 EastLake II SPA Pla:ls .~.~_._------ -- - --- ---- ------ .._--~---~~ ... --..-.. _.-- ._~,--- III No mor~ than on~ (1) . t.:~:"=:y-two (32) sq'.Jare .............. O~ _-.J..J_ smaller. eigh~ (8) :eet i:1 h:ight, o:1-.5::'~e, :rees:a::¡,:j,~ ing, special eVent sign. (2) All other on-site special. event. signs C~~ be either ~all and window signs. flags, b~~'ers and ?~~'ants. Ir:.:lat- able advertising devices of a tempora=y nature may be permitted. In no case shall ~~y signage, flag I pe:1,Z'¡a..""lt. inflatable device or banner be placed :.~ a locatio~ not. approved by the D:'rector of Planning. .;. ~~·s;~~ Sub¿ivisivn Sian~: a. One (1) temporary I on-site subdivision sign not to exceed 6' square feet total area for two (2) sides or 32 square feet for one (1) side and tot.al overall height. of twelve (12) feet. may be pe=mitted on each Circulation Element str.;!!:et frontage of the property being subdivided, no: to 'exceed two (2) such signs for all phases of any subdivision; o~h~=wise a maximum of one (1) sign is permi~ted. b. Such sign shall be fo~ ~he iden=ifi=ation 0: a subdiv~sio~, p::-ice information and the åevelo?e~'s name, add::-ess a:1d telephone number. c. Such signs shall be =emoved within =en (10) calenåar days f=om the date of the final sale of the land and/o::- ::-esiåences or within twenty-four (2~) months, whichever comes fi=st. Ext.en- sions of twelve (12) months may be approved by the Directo= of Planning. _. Signs shall be maintained in good =epair at all times. :. A cash deposit of three hundred dolla=s ($300) per sign s::'all be deposited wi~h the sign appli=ation to e~sure compl':'an::e with this chapter and :-emoval of such sign. Saiå åeposi-= shall be ::-efunåed to the applicant upon sign ::-emoval by the applicant. If the City is forced to remove any signs, :.hen the cost of removal shall be deducted from the deposit. S. O~~-S~te ~ubdivision Dir~~t;onal Sian. a. A maximum of four (.;) signs may be used to lead custome=s to the site. :'. Signs shall be made of panels which shall be no longer than seventy-two (72) inches by twelve (12) inches each and shall be grouped on a single, double 0::- four-siåed kiosk. Such structu=e shall contain no more than seven (7) ?~~els per side nor exceed seven (7) feet in height. _. A sign kiosk shall be located not less tha:'l th=ee hunc.red ~ -' (300) feet f=om an existing approved sign site. Further, each sign may only -'Contai~e name 0: the pla::'""led community, p;1-¿, Y Chapter II - Section II. 3 lC/C1/98 VII-9 EastLake II SPA Plans -. sub:i:' ·.":"sion, developer ~= aeve~::?:'ne:::~ logo a:1::: a di=e=':.:"~:-~al a==o....·. _. The ?lacement o! each sign st::-uc:.u:-e and i':.s copy shall be reviewed and approved by t.he Dire::::.or of Planning p::-ior to ins':.a:'lation. e. All ;:iosks t.hat are to be placed on private property shall be wi':.h prior wri':.t.en consent of the ?=operty o~~er, to allow the City, in the event of noncompli~'=e, to ent.er said property and :-emove the sign. J.. copy o! said conse:}': shall be :iled ~~':.~ ~he Department 0: ?~anning prior to the acceptance of a sign ?e~it ap?licatio~. - . A bosk location plan sr~ll be prepared showing the sit.e of each kiosk and shall be submitted to and approved by the Direc':.or of Planning prior to the acceptance of a sign pe~it application. - Any sign approved for a particular subdivisior. within EastLake II shall not be changed to anot.her subdivision without prior appro·,tal of ':.he Director of Plan::ing. ... The=-~ shall be no ad:i~~ion, ta; signs, st::'~amers, devices, display boards, or appu::-~enances added to the sign as o::-igi- nally approved. Furthe::-, no other directional signing may be used as posters, portable signs, vehicle signs, trailer signs or temporary subdivision (bootleg) signs. - . All off-site subdivision signs no:. conformi::1g to this o:-di- nance shall be deemed a public n~isa~ce and removed prior to the p::-o;ram. " A th::-ee hundred dollar ($300) cash èeposit shall be placed - with :.he City to ensure complia...'"'l::e with this chapter. Any sign placed con:.rary to the provisions of this chapter may be removed by the City ~'"'ld the cost 0: removal shall be deduc:.ed from said deposit. Additional o:=osts incurred by the Ci-cy resulting :rom the removal of illegal signs shall be charged to the developer. k. Said sign shall be allowed until the units within the subdivi- sion are sold out, or for a period of twenty-four (24) mo:'! ths , whichever occurs first. Extensions of twelve (12) months may be approved by the Director of Planning. V::.3 Sign Design Standards ..::.a::.:: Slgn s:;'a:l be desig::led ...:ith the intent and pu.;:pose of complementing the ""- a=-=:::'tec,:ura:!. style of the main building 0= buildings, or type of business on~':he si:.:, and to the extent possible, signs located on commercial sites; but .~:1 a -p}; ~¿þ 1 Chapter II - Section "".3 lC" ::/98 VII-1O EastLake II SPA Plans - ..~---_._--~~.._.._'" ..__._~.- .-~--~ --- -~----- ;'='==:I:r.inan:.::.· =~!:id2n:::'ê.l a~2a. shall t.ak~ ':"nto CO~5':":j2~ation :::.::::?atibil::' t:.' ..;:...:.::. :,:..~ ~2sid2:::.:...a.: area. 1-.. p':Þla-": ~:'5'~iD to B'!..1~ldinC7s; Signs located upon a lot ...;i-:h only on~ ma:"n build:"~= housing the use which the sign identifies, shall be designed to be cO~2.:.':"ble with the predominant visual elements of the building, su::h as co::st:-u::tion r."iE. terials, color, 0= othe= åesign de:.ails. Each sig" loca-:e:' :.:?on a lot wi th more than one main building, su::h as a shopping center O~ other commercial or industrial area developed i~ accordan=~ with a com::'::':: development plan, shall be designed to be =ompatible \td-:h predor.-~~~,t visu~l design elements common Or similar to a:: such buildings 0= the ~~ildings o==upied by the Urr!ê.:"n tena...~ts" or p:-in:::"pal uses. The D:':-e:::.or of P:anning may condi:.ion app=oval of any sign to reC"'..:.:"re such ·~·is"..lal elem~'ts to be incorporat.ed into the design 0: the sign where such e:'e~:1t(s) is necessary to achieve a significant vis:.:al :::-elat.io~s!::"p betwee= the sign and building or buildings. 3. RÞla~~-~s~~D to D-hÞ~ sians. Where ~here is mor-e than one (1) frees:.a...'"'ld- ing si~ lo=ated upon a lot, all such signs shall have designs which are compl~m~~:.ar-y to each other by either similar treatment or incorpo:-a:.iO:1 0: on~ ::J or more of the follo\rdnS :i ve (5) design eleme:lt.s: - . ::-";1e of cor.struction materials (such as cabinet, sign copy, 51.1:;>- p=::-:os) ; 2. ~etter style of sign copy; 3. ~?e or method used for supports, uprights or structure on "'·:-.i:::h .::"~ is su;;=,:;:¡rted; ~. s::.~ cabine:. or- other configuration or sign area; 0= 5. 5::?pe of e:l:.~re sign a:ld its several c:;:¡m=,onents. C. Lands:::2.":'~JO': Each :reestanding sig:¡ shall be lo=ated in a planted land- scapeè ~~ea which is of a shape, àesign and size (equal :00 at least. :.he rnaximu~ allowable sign a=ea) that ""ill provide a compat~l:::>le setting and gro1.l.TJ.d :je:inition to the sign. The planted landscaped area shall be rnainta~:1ed in a neat, healthy and th=iving co"dition. D. !'lum~~~-~Dn and MD-icn' Signs shall be non-moving stationary structures (in all components) and illumination, if any, shall be maintained by arti:i=:'a2 light which is stationar-y and consta:¡t in int~,sity and =010= at all :'~rnes (non-flashing) . _. S~crn c~-.....: The name of the business, use, se::::ve and/or identifying logo shall be the domin~'t message on the sign. The use of adve:::-tising info~- t":'i.atio:l s-..:.ch as lists of p=oducts (more than o"e product) , is prohibited. . . ?...lat.~c-:s:-.:~ to s:........Þts: Signs shall be designed so as ::tot to obstruct "'- any pe::ie.s:.rian, bicyclist or driver's view of =ight-of -",,·ay. -- 7 ?2:7'7 - ?p Chapter II - Section II.3 10/0:/98 \TII-ll EastLake II SPA Plans -.. SE::TION VIII: OYY-S~XET PkPJ.ING \-::II. C Pu..-pose ..-:., ::-egula~i::ms set fo:"<:h in t.his sec':ion are :or t.he pu~ose of provi::'ing ~._- c==venient o::-street parking space for vehicles. The parking requiremen':s of ~::'i.s section a.re to be considered as the minimum necessa=:.¡ for such uses p==r.,i:~ed by ~he respective zone. ::'l~ i:¡tent 0: ':hese re~~la~ions is ':0 ?ro~ide aàe~~a':ely desi~e= parking areas ~~~~ suffi::i~~= capacity and aàequate circulation to minimize ':raffic congestion and promot.e public safety. It shall be -;he responsibility -~ the developer, ~- o~~er or opera':or of the specific use to provide and ~~intain adequate off-st.reet parking. ':'2~ ?=ovisio::.s and standards set fort.h in this section apply primarily to n=~-=esidential uses. The st.andards for residential uses are i~cluded in Sec':ion -- ?rope~=y D~velopment Standards: P.~sidential Districts. ----, ,-=:= . 1- General Provisions J... Ðff-s~=ee~ parki~g facilities, for both motor vehicles an= bicycles, shall be provided for any new building constructed, for any new use established, fo::: any aèdition or enlargement of an exis~ing building ~r use, and for any cha.."1ge in the occupancy of an exiting building. E. For aò.èi~ions or enlargement of any existing building 0::: use, 0::: any change 0: occupancy or manner of operation tha~ would in:::=eas~ t:.he number of par}:ing space required, the aådi~io~al parking spaces s~all be required o:Üy :~= such aàdi,;ion, enlargemen,;, or cha:::lge and n::)': for the ~:1t.ire buÜ::'i:1; or use, unless r~auired as a cO:1dition 0: approval 0: a Condi:.io:¡al Use Pe=mit. C. The re:::r..:.ired parking facilities needed fo::: any àevel:::pment shall be locateå 0:1 the same site, or if an irrevocable access and/or parking easemen= is obtained, the parking may be on an adjacent site. Property within =he ultimate right-of-way of a street or highway shall not be used to proviåe required parking or loading or unloading faci:ities. D. The req¡.:.irements of =his ordinance shall apply to tempo:-ary as well as pe:"'1Tla:'le:::l= uses. All re::::;",:.:'::.-ed off-street parking spaces . " be designed, located, _. S!la__ const~~=~ed and maintained so as to be fully usable during workday periods or as ~~eded by the use of the p:-ernises. - . Where the application of these schedules results in a =:-actional space then t.he :::.-action shall be rounded to the higher whole ~urnber. "- The pa=ki~g requirement specifically listed in the -- G. for uses not matrix shall ~e åe~ermined by the appro~~ody for ~he proposed ~se on the basis :0/0:/96 .102 /1"'-- .?/ Chapter II - Section II. 3 VIII-l EastLak~ II SPA Plans _..~-_.__. ------- of =e:""..::.:-ement.s :0:- sirr:.ilar uses, and on a~y :.raffi::: 2:1gineerin; a:1:: pla:-.::o::;¡ dat.a :.ha:. is ap?ropriat.~ ~o the es:.ablishme::: of a rr,:":::¡,;,:.:.m rem.:.:":ement. ... In the :alculation of parking requirements_for village :::e:"J.:'ers, off-peak hour i.:.ses from t.he normal operating hours of the ce:::'e:- shall no:. :,e coun:.e= :.oward the parking requirement. - In si:'~a:.ions where a combination of uses are developed O~ a site, par)::'ng - . shall =>2 provided for each of the uses on ~he site aooording "0 :'!le sched~¡e given in :.his section. ~nere resiåen:.ial and co~ercial uses are mixe¿, reduced guest parking may be permitted by the Z ' Ad" o~:.~; m~n~s:'=a:.o= in =o~sidera:.io~ of shared parking with the :::ommercial uses. ~ . A ~~im~m of 25 percent (1/4) of "he parking spaces re~i=ed on any si:.e may be provided as "compact" spaces for non-residential uses. ... Tanåem pa=king shall not qual ify as required parking unless specifioally approved by the Plannin; Commission. _. Requ~red parking may be reduced by the Planning Commissio~ with approval of a :~~=itional Use Pe~it. Z::.... Anv US~ '"1::>~ su&&~-~e~~'v SD~ci~~ød hø-~~n ac dø~ø~in~= ~v ~h- Di-ø-~~- 0& p1e."'_":::':!0' o~ whø-_ th~ narkino fo- a use mav ~oaui~o a~=;~ional døt:a": 1 ~ho -=:-~\-~ sions of ""1t'0. 19 of tho Ch~'a Viste. MuniciDa' !"'~dø .,...ølativø ~o Dar}·"; :'1= shall bo aDD''¡-d _-===.2 Sohedu1e of O:f-street Parking Requirements ~ MINIMUM OFF-STREET ~~~KTNG REOU~~ED ... .::'.:5.(1'1,;"'1; s"'-a~":VD and ';:Irof'''''ssional 1 space/300 square :eet of gross 5~!."Vic~s :.: ::'s':_": --- :__':':_E :100r area¡ minimum 0: 4 spaces. --- . - --- . - ..... _. S':1::>D"::)":nC' r"''''''ntørs and Geno""al 1 space/200 square :eet of gross C::>mml!rc'¡a' tJses a: , floor area. --_:._- --- : __:':s.. n_ . - except as noted ---.-.-. ::>elow: , Eati!l; & drinking es"ablish- 1 space/eaoh 2.5 sea':.s or 1 spaoe/50 men':.s square feet of sea':.:':1g area where there are no fixed sea:.s. a. :2.5:' food res~aurants 1 space/each 7 sea':.s plus one (1) \';:...:.h drive-in Or drive space per employee. ~~nimum 15 spaces ~"r"ugh and an on-site queu~ line for a" least eight (8) vehicles when d:-ive th:-ough is included. ~ - Gaso:~:1e: dispensing and/or 2 spaoes plus four (.;) for each š-e::-- - . . autori:o:.:'ve services st.ations 7 vice bay. ::, ::/98 ~-?;¿ Chapter h - Section II.3 VIII-2 EastLake II SPA Plans 3. A[J?:~an'::e and/,,:- :u~i:'ure 1 spacs/600 square ~eet. ,,: ::-:;,ss 5 tc:es ~loor a:-ea. ~. Ho~els and motels 1 space per unit plus 1 spac~ for every 25 rooms 0:- p::lrtion t.hereof provided on the same lot.. 5. Au~" ~~d/or truck sales 1/10 the :::a= storage :::apaci ty 0: t.he facility. " . Me¿:=al anà åen~al offices or 1 space/200 square :eet. 0: gross C1:':::":::5, ve:.eri:J.ary 0::ice5 floor area; minimum of 5 spaces. 0:- c.:.::..nl.CS 7. Co~ercial recreation facili- ties' a. 30wling alleys. billiard 5 spaces/alley plus 2 for each bil- halls liard table plus required parking :0:- other uses on the site. b. :::>mme::-cial s~ables 1 space/5 horses boarded on-si~e. ~ i)=-:' ving range (golf) 1 space/tee plus re~~:=ed parking for any other uses on the site. d. 8::I1f course [regulation) 6 spaces/hole plus required parking f~r any other uses 0:1 the site. e, r·:i::iature golf 3 spaces/hole plus =equired pa=k:"ng for any other uses 0:1 t.he site. . 5ka:'ing rinks 1 space/l00 square feet of g:-oss "- floor a::-ea. g. :'e.:'....:is, handball, and 3 spaces/court plus ~equired pa=king :-a=quetball facilities for any o':her uses 0:;' the site. h. ':'heaters (2) Motion picture 1 space/3.5 seats. ~2) Playhouse , space/3.5 seats. ·?ë.r:.::.:-.; may :,e reduced by D:':-ector of Planning ~hen faciE ':y is provid~= .5 . reslde:l':i.::.l ~e~e~=?men': ame~:.~y. =ecogn:.=:.~ç that some local residents will not drive to =acilities. "'- -- 'J~//J " 10/01/98 Chapter II - Section II.3 VI!!-3 EastLake II SPA Plans --_..._"--~_._-- --.---" -"----- -----~-----"~~~~-~ ~ ?'...l~'i"" c...~ Søm~-~~~~:= USÞS , Day ::.u:-series, day :::a:-e 1 space/staff member plus 1 s?a::e/5 sch::=-:"s =hildren or 1 spa=e/l0 child:::-e" i.f adequate drop-off facilities are p:::-ovided. Drop-off facilities j,',us': be designed to accommodate a cor::.in- uous flow of passenger vehicles to safely lead and unload chilàren. The adequacy of drop-a::: :acili':ies pro· posed shall be òe:.e=-rr.::"ned by :.he :Jirect.o= of Planning. 2. Co:n,-a.:es::ent a-¡,:i/ or nursing 1 space/3 beds. homes {:::ongrega:.e care facil- i ties} 3. Hospi.:..e.ls 1.5 spa=es/bed. ~ . Eõu:::a-:io:1al i:¡stit.utions, p=iva:.e a. E.:ernent.ary and junior 1 space per employee p~us 5 spaces. - .. . , :::';:1 scnoo_ -. b. Se~ior high schools 1 space ?e!" 4 studen:.s. c. :::ï:!.leges =d vocational 0.5 space/faculty member and employee s:::~ools plus 1 space/3 students. d. ::":.:rches, c::mvents mon- 1 space/3.5 seats ",,·it.hin the ITiain as:.e:-ies, o:.her :-eli- auditorium or 1 space/ '5 square ::eet. =:':)''.15 insti:u:.ions, and of gross f100:::- area \i;'ithin t.he r.,ain ::;:.~e:- spaces of public auditorium where the:-e are no ::"xed ê.$sembly seats. 5. Pub:i= U:ilities ':'0 be de:.ermined by :.he Directo::- of Planning. D. Ma~u&ac:.~-~~c Uses 1 space per 1.S employees 0:::- 1 space/800 square fee: of gross floor - . Manu:a=:.uring a:-ea devoted to manufacturing plus :.he required parking for square foot- age devo:ed to other uses, whichever is greate:-. Ten (10) percent of the spaces provided must be designed for use by ca:::-poo1s. 2. Resea:-=h and Development 1 space/300 square feet of g::-oss floor area. Ten (10) percent of :he spaces p:-ovided must be designed for S- use by ca::pools. -- . '~/?ý lD/C:/98 Chapter II - Section :I.3 V!II-oS EastLake II SPA Plans -, 3. St.::=a~= - spac~/:,GOO sq1.ì.a:=-= :e~:. 0: =:=-~ss area fo:=- :'~e first 2:,~OO sq~a== :2e:. d~voted ~o storage ~~us the =e:::--..:.:"=ed ?arking :0= square :~~~age devo:'e~ to ot.her use. 1 space/2,OOO square :ee:. :or the se:ond 20,000 square fe~:.. 1 space/~,ooo square :ee~ for area in excess -' ~O,OOO sC"'....are feet. ~- _. S":!'1C"le ?a~'¡lv RiD~idential and :ndica':ed in thei:- respective land ~~'.:l ':i~l,= ?amilv RiD~idiDntial use dis't.::-i:::.s. - Se~~== Rousing Projects 1 space/bedroom (fr.ay be redu::ed by - . Ci ty Cou..,::il) . - . :;a:1d'¡::a-=:)ø~ Da-k';n= ?'iDcuiriDmiDnts E~,dicap?e= parking requirements are established by the State of Califo=r.ia. :'11e par¡::'n; standards contained in this se::tion are iåe:ltical to t.hose establi.s~e= by the State. Any future c~~ge in the State ~,=i=apped parking s~~,da==s w~uld p=eempt the =equireme~~s given i~ this se=~ion. -. Han~~=apped park~ng for residential uses sha:l be p=o~~ded at the rate 0: ::::= space :or each dwelling ur..:'t that is designed ::or occupan:-y by the =~,dicappeè. 2. Han¿~ =apped parking spaces shall be proviãed tor all uses other than reside:ltial at ~he following rate: Nu~ber of Automobile Number of Ha~=icapped S=-a::es t>....oviò....d S'::Ia::::es pø~..:'; -....d 1 - 40 1 " - 80 2 ,- 81 - 120 3 :21 - l60 ~ :61 - 300 5 3('·' - ~OO 6 ~01 - 500 7 Over 500 7 ~ l for each 200 aåditiqnal au=omobile spaces proYided 3. Hand~=a?ped parking spaces requi:-e::. by this section sha':"l count towa:-d :ul:i::ing automobile parking re~irements. G. =~~vc'ø ~a-k~na Reau~""emønts :-~e matrix below contains the minimum bicycle parking reqt::'rements. Only :';:-¡:)se: uses identifieö in the matrix are required to install b:'::ycle par}::"ng. 3i::vcle :;:ark~ng facilities shall be stat.ionary storage ra:ks or devices ~ - -' :iesigned -~ secure the frame and wheel of the bi=ycle. ~ . J~-?ç 10/[1/.98 Chapter ¡¡ - Section r¡,3 VI¡I·5 EastLake II SPA Plans "'-'-'-"'-'-"~"'--'--- - - . Mir:ir.::.;;n Qg E:.....,-:,.. Pa-}::":-:~ ?ø:J"'..li::-""-:J ::.. Aårr...i::is~rati v~ and P::-o:es- 5 spaces sio::al Services over 20,000 square :eet 0: gross f10::lr area 2. Sho??i"g cen:'e:-s with 50,000 ::. space!J3 au~omobile parking spaces squa::-e feet. 0: g:-oss floor reauired a:::"ea J. Ea=i:1g and drinking 2 spaces est.ablishmen:.s a. :as: food restaurants. 5 spaces ::o::ee shops, delicates- sens, etc. ~. Medical and dent.al offices Or 2 spaces cli::ics, veteri:-¿ary offices or c~:.:::..cs - . C':Hmner::::"al Recre.a':ion ::. space/23 automobile ?a~king spaces ::-equired 6. Hospi:als ~ spaces 7. Chu=::b.es .; spaces ... M.:::>-o....~v=~"" 04::~_St.....þC>_ Pa....y;no ?cau;-QmC~~s M~=orcy=:e parking are.as shall be provided for a:~ uses, except residen:.ial, ~- :.he f:::'::>.."ring ra:'e: . Uses "ith 20 to ::'00 aut.omobile parking spa::=es shall provide one àesi~a':ed area :or use by mo~orcy=les. 2. Uses ~i~h more ~han 100 automobile parking spaces shall provide motorcy- cle parking areas at the rate of o~e motorcycle parking area for every 100 automobile pa:-king spaces provided. "'- " . /k-;> ~ ::'O!c:!sa Chapter II - Section II.3 VIII-6 EastLake II SPA Plans ". ·':::::.3 ?:operty Development Standa:ås: O!f-s~reet P~rkin= ~~O :ollowi~g p=operty development standa=ds shall apply to all land, .ou~l.c.:.:-:;;s. ~~ uses autho=ized by the Pla~~ed Community District Regulations. ,.. Gønø-ë.": :>øcrui"l""....n-...ï-::S The :~:lowing ar~ minimums unless o~h~rwise s~ated: l. ?.esièential a. Cove=== in a garage or =a~ort: :'0 ' x 20' sa::h space :0. Uncovered: 9' x lB.5' each space 2. ~21 others shall use Parking Table, on following page. 3. Mo~orcycle parking space: 4 feet by B feet. ~ . 2~=y=le parking space: 2 fee= by 6 feet. - . A~~omobile, handicapped. mo~or=y=le and bicycle: ~~l parking s~alls ~~= maneuvering areas shall be paved and pe~nen~ly ~~intained wi=h asphalt, cO:lcre:.e, or any o:.her all-weather surfacing approved by :.~s Direc:.or of Planning and subject to current city standards. 6. S~=~ping and Identification a. Autorn:Jbile: All parking stalls shall be clearly outlined ~ith doubl~ lines on the sur:ace of the parking fa=ility. b. Handi::apped: 1-.11 handicapped spaces shall be striped a:1d marked according ~o ~he applicable S~ate sta:1~arås. - . Moto=::v::le: All motorcycle spaces shall have bollards ins~al- led ~~d approp=iately spaced to p=event automobile usage of the m::o:.orcycle a=ea. Motorcycle spaces shall be marked so that ~~ey can be clea=ly identi:ied for moto=cycle usage. è.. Bicycle: All bicycle spaces shall be clearly identified. ~ /~r-?? ~ . lC/C:/98 Chapter II - Section :1.3 VIII-7 EastLake II SPA Plans ~--.--.._._--- ---- P ... R t 1 H , i... e l [ ! f, 18 CIDIEIr-IG !AIBICID EIFG 1.-. ! , I i 8'OM S.O :2.0 2).0 2S.) -- ST S.' 12.0 2).0 29.0 -- ST 20,7 10.' 9.S (55' tc G . 1-- O· 9'0· 9.0 12.0 2),0 )0.0 -- 60' 9'0" 21.0 lS,O 10.( 6,,0 "., 9'6" 9.' 12.0 2).0 )1.0 -- 9'6" 21.2 If.O 11.0 EG.' I 55.6 10'0" 10.0 12.0 2),0 n.o -- 10'0· " , 18 11 , 51 "i ~5 0 , I S'O- I U.O 12.0 Z3.4 (0.0 )1.5 I S'6" J( .5 12,0 2'.9 (1.0 n.o 9'0" 210 19.0 9.6 51 OJ 57.9 2," 9'0" 1'.0 12.0 26.) <2.0 n.s 70' 9'6M 21.2 le.' 10.1 6= 9 ,7.7 9'6" 1'.5 12.0 27.S <J.O )).1 10'0" 21.2 If.O 10.6 5C '! 57 0 10'0" 15.9 12.0 29.2 '3.8 33.4 I 2T 16 5 12.0 16.0 '5.0 )7.1. I !'6· 16,9 12.0 17.0 45.S )7.' 9'0" 20.) 2<.0 9.1 6'.)162.7 3:· I g'o· 17.3 12.0 12.0 46.6 )7.S e~· 9'6" 2C.' z~. ~ 9.6 6.:: 'I 62.7 - I S'6' 17.S 12.0 '19.0 <7.6 3£.4 10'0" ze"1 2<.0 10 2 f.~ .0: 63 J 110'C" J6 2 12.0 20.0 CE.4 )2,7 I I S'6- 19.4 l:!.S 12.0 52.) <6.5 9'0' lS.O 24.0 9.0 62.0 -. (E' g'o· 19.a 1).0 12.7 52.5 '6.5 9C' 9'6" 1S.0 2<,0 9.5 ,2,0 .. I 9'6- 20.1 1).0 1).. 5).) '6.5 10'0· 19.0 2<.0 10.0 62.0 -- WO° 20.' " n '" " n 4<' ·~hr.. St.n ~idt"s Average 9rDU .re¡ ~Qu'ÌNd for p.rltinç one CH ðt 5tt:.. I.OlIIO.ct different Ingles: !'!'" ~ C'-(O' O· . 310 sc¡.ft. 30·· 310 sQ. ft. 60'· 260 sQ.1t. 2',' 7'6' . 4'·..6C· 10· ·350 sq.ft. 40·. 280 sq.f':.. eo·· 275 sQ. ft. 9'0" 7'6" . 6]--90· 20· .400 sq. ft. 50·.270 sq. ft. 90··215 sQ. ft. "'N:lt(: ¡ 1 Cglllþ4:t space 70,' X 15' .. standard. b Add l' In ...,C:th for .11 sul1s .dj.cent tc .ny structures. (... PARY..III'- AH::U: ,.... p S1 ALL ~1 OTI{ '-' C Si ALL TO CUR! D AISLt ~IDTH .... r ~ CURS LEIIGTH FEP. CAR - - ~ OJRB TO QJRB r G STALL CENTH 3, Motorcycle parking space: 4 feet by 8 feet. 4. Bicycle parking space: 2 feet by 6 feet. 5. Automobil e. handicapped, motorcyc 1 e and bicycle: All parking s ta 11 s and maneuv~ri ng areas sha 11 be paved and permanently maintained with aspna It, concrete, or any other all-weather surfacing approved by the Director of Planning and subject to current city standards. --=- ~~?~ ~ , 10/01/98 Chapter II - Section !I.3 VII!-8 EastLake II SPA Plans S':"l"'...;;:. . ?"':)"t1i ...."'m"'-... s _. 1. t~y unused space resulting from the àesign of the parking area s~all ~e used fo:::- landscaping purposes. 2. ;'_l1 parkin; lot landscaped islands shall have a minimum :":¡S¡ce =imension 0: four (4) feet and shall con~ain a twelve (12) . . .. ¡nc:;. w,,'loe ~alk adjace~~ to parking stall and be separated from vehicula~ areas "y a six (5) inch high, six 15 ) inch wiâe Portland :::ement CO:1:::::-ete :::-..:.:-b. 3. ;..2.1 lands=api~g areas shall be irriga~e= automati:::ally ana ~e?~ in a ~ealthy ~~d thriving condi~ion free :rom weeds, debris and ~rash. 4. ." parking facilities shall have lighting in accorda."'lce wi~h ':he 1".-- current City standards. The lighting shall be designed and ins~al- :ed so as "0 confine direct :::-ays to the site. Pa:::-king lot lights shall be a maximum height of eighteen (18) feet. =rom the fi.nished ;:::-ade of the parking surface and di:::-ec~ed away from the property :ines. 5. ;'21 parkin; :acilities shall be graded ~,d drained so as to p=-o\·iòe ===- ~he disposal of all surface water 0:1 ~he site. 5. -- any R zone except RC and RM, the pa:::-king 0: motorized and ::):ï::l-motorized vehicles shall be subject to the f 011 o.....ing =~qt:.irements: a. No motorized or non-motorized vehicle shall be. parked, s~o:::-ed and kep~ in the front yard except on land adjacent ~o ':he drive~ay or in the driveway. _. !f mo,:or':'ze.d or non-mo,:orized vehicles a-~ :;0 ~e parked, s to::-ed, or kept on the. lot, other than as permitted it "a. " above, :;hey must be for :.he perso~al use of :.he resiåe:l:'. v::::. 4 ?e~:ormance Standards: Off-st~eet Parking . J..ll parki.:1g facili:.ies required by :;his ordinance shall be maintained in ~. sood operating cO:1dition for the àuration .of the use :::-equiring such :acili:::'es. Such facilities shall be used exclusively for the parking of vehi::::les. The parking facilities 'shall not be used for the storage of rner:::ha::=':'se, 0:::- fa:, the storage 0:::- repair of vehicles or equipment. ?ark':':l: :a:::ilities shall not be useè for the sale of mer:::handise, except :):1 a ~e::-:po::-ary basis pu::-suant to Sec~ion VI.O (Temporary Uses) . 3. rill sh~ppi:lg centers that use shopping carts shall p:::-ovide convenient and safe 0:;'-51.':e storage a::-eas for the shopping carts. C. Ea:1di:::ap, m:;lto::-cycle, and carpool parking areas, when required, shall be ~ocate~ ~ithin close proximity of the entrance' to the facility. J:.... ~ 10/::/98 d;-?t Chapter II - Section II.3 VIII-9 EastLake II SPA Plans ~.._-_.- -------..---.---. -. SECTION IX: Ar}M:=l,IS':'RA':¡ ::)1' ::7..0 Pu:-pose ~~: ~and Use ~~s~rict Map and these Planneè C~mmlli,i~y Dis~=i=: ?~;ulations s~all ~: a~~inis~e=ed as provided for herein. -.... , S~andard Procedures -~_. - J-.. Genera:: The Admi~is~rative Pro=edures, Condi~i~~al Uses, and Va:=-ian::es, Chapter 1.9.14 of :ohe Chula Vista Municipal Code, shall be utilized as applicable to the administration of the Planned Community of EastLake -T ~_. _. Sectional Planning Areas (SPA) and Section Planning Þ.:eas Plans (SPA Plans) . The administration of SPA Plans shall be as p=ovided for in 5ectio~ :9.48.090 :Ohrough Section 19.48.130 in:::lusive of ':he Chula Vista Municipal. Code, except that the Director of Planning may accept less detail or require additional detail to suit the scope of :':1e SPA. rX.2 A~~ist=ative Review , Purpose: Certain uses may vary g=eatly in its effect de?ending on the ~-. scope, location, 0: exact circumstances. In o:åer to avoid the permitting of these uses without any formal review, and to relieve the Planning Commission and City Council of formally reviewing uses which have insig- nificaz:.t a: compatible effects, an Administrative Revie~ ~s established. 3. Applicat:"o:'l: The Administrative Review is applicable to uses identi:ied on the ?e~.itted Use ~~trices herei:1 with the symbol "AI!. C. ?rocedu:-es: The procedure shall be as sDeci::ied in Section 19.14.030, Zoning ~~.i~istration - Actions authorized without public hearing, in -:he C~ula Vista Municipal Code; except that in aådi.tion, the Z::ming Adminis- :o=ato= may åeterm~ne after revie\l,'ing the s:::ope, lo:::a::ion, or exact circumsta:lces of the proposed use that the :o~.al hearing process of the Conditio:'lal Use Permit procedure is warranted. If the Zoning Administ=a- tor makes t.he åetermination that a Conditional Use Permit is warranted, t.hen the applicant shall be required to comply with the Conditional Use Permit p=ocedures as specified in ·Sections 19.14.060 :or.=::>ugh 19.14.110 inclusive in the Chu1a Vista Municipal Code. IX.3 Site Plan and Architectural Approval A. ?u:::"pose: The purpose of site plan and architectural approval is to review proposed p=ojects :00 åetermine compliance \I."Îth the provisions of those =egula':i.o~s and to promote orde=ly and harmonious development with good åesign ::,:1aracter. ~ - . :7 . ~~S-¿J Chapter II - Section II.3 10/C'1/98 IX-1 EastLake II SPA Plans -. Applic"tion: Tt~~ app=ov~l p=o=~ss :'s appl:.=a=':~ to p=::.j~ct.s ....·it.:::.:: all dlSt.:-:.::.s except. ?,E and RS àis-:r:'=:.s, wh~=~ :.he Te:¡:.a:.ive Tract. Xap approva~ process may be used. Single family detached uni ts on l::Jt.s exc~e~~; 5,000 s: (including those in the p~ 0= RS dist=icts) may use t.he Tentat.:'ve Map to satisfy the Site Plan Review Requirement.. Such single family ::-"'lits on lots larger than S,DDD sf may, at the è.is::retion 0: t.he åevel::?e= , apply :0= Site Plan Revie~. C. Proce=-..;=es: The procedures shall be as s=>o::::ified in Se:::.ion 19.1>1 .~2D throu;:' Section 1;.14.480 inclusive. ::I.~ ~~~e= Provisions :~ :.he event. :.~~t these regulations åo not aådress a.~y particular ~~tter relevant tc the proper development and use of property within EastLake --, the p:-ov:'si:m.s c: :':':1e 19 -- the Chula Vista Municipal Code shall apply. ~- -è-. ~ d:;~~/ Chapter II - Section II.3 ::..a/C::'/98 IX-2 EastLakl!!: II SPA Plans ______n____ ..., ---.---._- -----~---- --.----~----- ..~-,---- í\\O~ ~«' ORDINANCE NO. 2766 ~~ AN ORDINANCE OF THE CITY OF CHULA VISTA #\~ AMENDING CHAPTER 2.56 OF THE CHULA ~ MUNICIPAL CODE TO UPDATE THE CITY P ING SYSTEM . , The City Council of the city of Chula Vista does hereby ordain as follows: SECTION I: That Chapter 2.5~ of the Chula Vista Municipal code is hereby amended to read, in its entirety, as follows: Chapter 2.56 PURCHASING SYSTEM sections: 2.56.010 Centralized Purchasing System Established. 2.56.020 Purchasing Agent - Appointment - Powers, Duties, and Authority. 2.56.030 Option to Delegate Authority for Purchases of Supplies and Equipment. 2.56.040 Requisitions or Estimates I Required Revisory Changes Permitted. 2.56.050 Required Contract Formsl City Attorney. 2.56.060 Budget, Availability of Funds Required. 2.56.070 Formal contract and bid procedure - Contracts Exceeding $100,000. 2.56.080 Contracts Exceeding $100,000 - Notice inviting bids. 2.56.090 Open market procedure - Contracts of $100,000 or less. 2.56.100 Emergency Purchases. 2.56.110 Exception - Selection Process for architectural, engineering, environmental, land surveying, legal, construction project managemen t, and other professional services. 2.56.120 Supplies, materials, and equipment no longer used - Disposition procedure. 2.56.130 Sale of Real Property - Procedure. 2.56.140 Cooperative purchasing agreements permitted when. 2.56.150 Reports to City Council. 2.56.010 Centralized Purchasing System Established. Pursuant to section 1010 of the City Charter, there is established a centralized purchasing system for city departments, offices, and agencies, in order to (1) establish procedures for the purchase of services, supplies and equipment, at the lowest possible cost commensurate with quality needed, (2) exercise 1 INFORMATION PACKET (5/' I SCANNED AT FIRST READING OF THIS ORDINANCE ON: NO V' :2-1 I q <¡ It' P¡::; GiF:- J 74- -,._-- -~----._~- . positive financial control over purchases, (3) clearly define authority for the purchasing function, and (4) to assure the quality of purchases. 2.56.020 Purchasing Agent - Appointment - Powers, Duties, and Authority. The Director of Finance shall appoint, in accordance with Section 507 of the Charter, a Purchasing Agent, who shall be in the unclassified service as P~vided in Section 500 of the City Charter, and such deputies s may be necessary. The Purchasing Agent shall be the head of th Purchasing Division of the Finance Department and shall conduct a entralized purchasing system. The Purchasing Agent shall have the~wer, and it shall be his or her duty, to purchase or contract r all supplies, equipment, and services needed by any and all de artments, offices, and agencies of the City subject to the terms ~nd conditions provided for in this chapter. The Purchasing Agent\shall have the authority to: A. Negotiate, purchase, and obtain supplies, equipment, and contractual services used by the City in accordance with City and state law, and such rules and reg~ations as are prescribed by the Director of Finance subject to the review of the City Manager or by the city Council; B. Act to procure for the City the needed quality in supplies, equipment, and contractual/services, at least expense to the City; C. Endeavor to obtain as fu~l and open competition as possible on " / all purchases and_Bale.; D. prep~-u ~mmend to thE/ Director of Finance rules, regu~o~~Q an"cte~~ocedures gov,rning the purchase of suppl ies, equipment, and services for the City and amendments thereto as necessary; / E. Keep informed of developments in the field of purchasing, prices, conditions, and new products, and secure for the ~ity the nefits of research done in the field of purchasing by other governmental jurisdictions, national technical s cieties, trade associations having national recognition and by p ivate businesses and organizations; F. Prescribe and ,mainta' n such standardized contracts, subj ect to the app oval of t e City Attorney, and other rules and regulations as are reasonably necessary for the operation of the purchasing sy tern; G. Prepare and adopt a standard purchasing nomenclature for City departments and suppliers; 2 g-~ ;L · H. Prepare, adopt, and maintain a vendor file. Said file shall be organized according to commodity and shall contain vendor addresses and descriptions of vendor goods and services; I. Exploit the possibilities of buying "in bulk" so as to take full advantage of discounts, and establish written policies for inventory management in size of purchases; J. Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which have become unsuitable for City use and the scrapping or surveying of unsalable surplus items. K. Take such other actions, consistent with the provisions of this chapter, all other applicable laws, and current good purchasing practices, that are reasonable and appropriate to effectively operate the City's centralized purchasing system. L. Control and supervise all existing and future storerooms and warehouses of regularly purchased City supplies and equipment. 2.56.030 Option to Delegate Authority for Purchases of Supplies and Equipment. The Purchasing Agent may authorize a department, office, or City agency to purchase supplies, services and equipment directly when he or she determines that direct purchasing can improve efficiency and/or reduce costs and is in the best overall interests of the city. All direct purchasing authorized by the Purchasing Agent under this Section shall be carried out in compliance with the procedures established by this chapter and on such forms or through such purchasing mechanisms as shall be determined by the purchasing Agent. Direct purchases may be effected through the use of procurement cards or other similar mechanisms. 2.56.040 Requisitions or Estimates I Required Revisory Changes Permitted. All City departments and offices shall file with the Purchasing Agent detailed requisitions or written estimates of their requirements in supplies, equipment, and services, in such manner, and at such times, as the Purchasing Agent shall prescribe. The purchasing Agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality, or estimated cost; provided, however, that a change in quality will not vary substantially from the standards of the using department or office; and provided further, that the using department head, or designee, is first consulted. 2.56.050 Required Contract FormSI City Attorney. 3 g---;J _ ._____._ _ _ ____ _..."_ .' _,.__...._____~._,... __...._____ ______m__ _ __ ___ ,__.__~.__~m All purchase orders and contracts for purchase of supplies, equipment or services shall be on forms prescribed or approved by the Purchasing Agent and city Attorney. 2.56.060 Budget, Availability of Funds Required. For all purchases or contracts for services, the Purchasing Agent shall certify that (a) the required purchase price or compensation is provided for in the budget of the using department or has been approved by the City Council by resolution; and (b) there is to the credit of each using department concerned a sufficient and appropriate unencumbered balance in excess of all unpaid obligations to defray the cost of such purchase or contract. 2.56.070 Contracts Exceeding $100,000 - Formal Competitive bid procedure and City Council approval required. A. In General. Except as provided below, all supplies, equipment, and services, when the estimated cost thereof shall exceed one hundred thousand dollars ($100,000), shall be awarded by the City Council to the lowest responsive and responsible bidder submitting the best bid in accordance with the competitive bidding process set forth in section 2.56.080 of this Chapter, below. B. Exceptions. The following purchases shall be exempt from these requirements: 1. Public Works Contracts for those public works, materials and services that are governed by the purchasing requirements of Section 1009 of the Charter. 2. Professional Services Contracts for certain professional services that are governed by Section 2.56.110 of this chapter. 3. City Council waiver Contracts for which it is determined by resolution of the City Council, that the competitive bidding requirements as applied to that contract are impractical, impossible or that city interests would be materially better served by applying a different purchasing procedure approved by the Purchasing Agent as being consistent with good purchasing practices. 4. Sinqle/Sole Source A commodity or service available from only one known source as the result of unique performance capabilities, 4 s:-- ~ V manufacturing processes, compatibility requirements or market conditions. S. Emerqency Emergency purchases which shall be governed by section 2.56.100 of this chapter. 2.56.080 Contracts Exceeding $100,000 - Competitive Bidding Process. For non-exempt contracts for supplies, equipment and services valued in excess of $100,000, the following competitive bidding and award process shall be followed: A. Notice Invitinq Bids. When required, notices inviting bids shall include a general description of the article or service, and shall be published by the Purchasing Agent at least once in a newspaper of general circulation in the city at least ten days prior to the bid opening date. In the event a newspaper of general circulation within the City is unable to publish such notice for any reason, the Purchasing Agent shall post such notice in at least three public places in the City designated as places for posting public notices. B. Bidder's List. The Purchasing Agent shall also solicit sealed bids from responsible prospective suppliers who have requested that their names be added to a "bidder's list," which the purchasing Agent shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidder's list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent. C. Bidder's security. . The Purchasing Agent may require a bidders' security in an amount equal to ten percent of the bid either in cash, certified or cashier's check, or surety bond approved by the City Attorney and the Risk Manager. In the event a bidder's security is required, no bid shall be considered unless the required security is submitted therewith. All bidder's security is refundable, except in the case of a successful bidder who shall forfeit this security if the bidder fails to execute a contract within ten days after 5 '6<5 -~~-"" - ~_. -_...._----....._---,.~.__.._._-,-~,.,._._.._-- ._-~-- the notice of award has been mailed or personally delivered, or otherwise fails to comply with the requirements to complete the transaction. D. Bid openinq. Sealed bids shall be submitted to the Purchasing Agent, who shall open them in public at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the office of the Purchasing Agent for a period of not less than thirty calendar days after the bid opening. The Purchasing Agent may delegate this responsibility hereunder to responsible assistants and deputies. E. Compilation of bids and recommendations. Following the opening of formal bids, the Purchasing Agent shall compile all of the bids and submit them to the requesting department head, together with a recommendation as to which bid he or she considers best, taking into consideration, the amount of money bid, compliance with specifications, and responsiveness and responsibility of the bidder. The responsivene-ss of the bidder shall be determined by comparing the bid to the bid specifications. In determining the responsibility of the bidder, the Purchasing Agent will be guided by, but not limited to, a consideration of the following factors: 1. The experience of the City in dealing with the low bidder; 2. The experience of other governmental agencies known to the Purchasing Agent in their previous transactions with the low bidder; 3. Knowledge of the quality and fitness of the product offered by the low bidder, substantiated by reports of using departments within the City or other governmental agencies; 4. Options to renew contracts for continuing purchases at the same bid price or with reasonable fixed or capped increases, in those circumstances where price increases are expected or have been experienced in the past; 5. Financial stability and business standing of the low bidder. The requesting department head shall forward the compilation of bids and his or her recommendation with 6 ~ --- ¿. respect to an award to the city Manager, who in turn, will forward a recommendation for award to the City Council. The Purchasing Agent may reject any or all bids, or anyone or more commodities or contractual services included in the proposed contract if it is determined that the public interest will be served thereby. F. Contract awardinq authoritv. The City Council may make an award of contract to the lowest responsive and responsible bidder submitting the best bid in all respects. G. Relection of bids; Alternative Procedures, The city Council may reject any or all bids, direct City forces to provide the required commodity or service, authorize the readvertising of bids, or authorize the purchase of supplies or services pursuant to the open market procedure set forth in Code Section 2.56.090. H. Tie bids. In accordance with Section 1011 of the Charter, in the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local bidder. In the event, however, that such tie bids are all from vendors either wholly inside or all outside of the City, then the contract shall be awarded by drawing lots in public. I. Performance bond. The Purchasing Agent shall have authority to require a performance bond in such amount as he or she shall find reasonably necessary to protect the best interests of the city. 2.56.090 Contracts of $100,000 or Less - Open market procedure and Purchasing Agent/City Manager Approval Required. A. In General. Purchases of supplies, equipment, and services of an estimated value in the amount of one hundred thousand dollars ($100,000) or less may be made by the Purchasing Agent in the open market without observing the formal bidding procedure prescribed in Section 2.56.080; provided, however, purchases between $50,000 and $100,000 shall also require City Manager approval. Notwithstanding the foregoing, informal bidding shall be required, and whenever practical, be 7 ?--- ? - ~ ... ---.. ---~-------~._._--_.__._- based on at least three bids. Contracts shall be awarded to the lowest responsive and responsible bidder submitting the best bid in all respects. Responsiveness and responsibility shall be determined pursuant to the standards set forth in section 2.56.0S0.E. of this chapter. The Purchasing Agent shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall also be open to public inspection. B. Exceptions: The following purchases shall be exempt from these requirements: 1. Less Than $10,000 Contracts for a commodity or service costing less than ten thousand dollars ($10,000), in which case the contract may be awarded by the Purchasing Agent based upon suitability of the item and market rates in the case of a commodity, and demonstrated competence at reasonable fees in the case of services; 2. Impractical or Ímpossible When it is determined by the Purchasing Agent that it would be impractical or impossible to obtain competitive bids on the open market; 3. Certain section 2.56.070 Exemptions Those purchases exempted under Section 2.56.070.B. 1, 2, 4 and 5 of this chapter. 2.56.100 Emergency purchases. A. Bv Purchasinq Aqent permitted when. In case of an emergency which poses an immediate threat to public health, safety or welfare and which requires immediate purchase of supplies, equipment, or contractual services, the City Manager or Purchasing Agent are authorized to secure in the open market at the lowest obtainable price any supplies, equipment, or contractual services, regardless .of the amount of the expenditure; provided, however, that a full explanation of the circumstances of such emergency shall be entered in the minutes of the Council at the first available meeting following the commitment to the expenditure and shall be open to public inspection. B. BY usinq department - Procedure. S 5?/" r · In case of an emergency, and with the prior consent of the City Manager or Purchasing Agent, any using department may purchase directly any supplies, equipment, or services when the estimated cost thereof shall not exceed one hundred thousand dollars, whose immediate procurement is essential to prevent delays in the work of the using department which may affect the life, health, or public safety of citizens. The head of such using department shall send to the Purchasing Agent a copy of the delivery record, together with a full written explanation of the circumstances of the emergency, which shall be filed by the Purchasing Agent as a permanent and public record of the purchase. The Purchasing Agent shall, by rules and regulations, prescribe the procedures under which such emergency purchases may be made. C. By Director of civil Defense and Disaster. Nothing herein contained shall limit the authority of the city Director of civil Defense and Disaster to make emergency purchases and take such other emergency steps as are or may be authorized by resolution of the City Council. - 2.56.110 Exception - Selection Process for architectural, engineering, environmental, land surveying, legal, construction project management, and other professional services. A. In General. l. Pursuant to Government Code Sections 4525, et. seq. with regard to architectural, engineering, environmental, land surveying, legal services, construction project management services, and professional consultant services; all services provided to the City by contract shall not be governed by the bidding requirements set forth in Sections 2.56.080 or 2.56.090, but shall be negotiated on the basis of demonstrated competence and qualifications for the services required and at fair and reasonable fees in accordance with the procedures set forth in this Section. Notwithstanding the foregoing, once demonstrated competence and qualifications have been established, expense may be considered as one factor in the selection of a consultant hereunder. 2. Notwithstanding the above requirement, the Purchasing Agent may require competitive bidding pursuant to the requirements of Sections 2.56.080 or 2.56.090 of this chapter, upon a finding that 9 ?/"7 u." ._.'.. ___.__._ ________,_._.__.______..__..___~______.~.._ the professional services required are of more of a technical nature or involve lit tIe professional judgment, and requiring bids would be in the public interest. 3. If the estimated cost of professional services exceeds fifty thousand dollars ($50,000), it shall be awarded by the City Council after compliance with the procedures specified in Subsection C., below. Contracts for services for fifty thousand dollars or less may be awarded pursuant to Subsection D., below. B. Definitions. For purposes of this chapter, the following terms have the following meanings: 1. "Architectural, engineering, environmental, and land surveying services" includes those professional services of an architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. 2. "Construction proj ect management" means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Government Code Section 4529.5 for management and supervision of work performed on construction projects. 3. "Environmental services" means those services performed in connection with project development and permit processing in order to comply with federal and state environmental impact laws and the analysis of hazardous material. 4. "Legal services" are those of a specialized legal nature as determined by the City Attorney. 5. "Professional services" include services which provide intellectual products of a specialized nature unique to a given situation or requirement. C. Selection Process for Contracts of Greater than $50,000. 1. Any department head desiring to enter into a contract for outside professional consultant services whose estimated cost exceeds fifty thousand dollars ($50,000) shall first analyze the cost effectiveness of having the proposed service completed in-house versus the cost for outside 10 <jš> / c . services. 2 . Public announcement of all projects of an estimated cost in excess of fifty thousand dollars ($50,000) requiring architectural, engineering, environ- . mental, land surveying, legal services, construction project management, or other professional consultant services shall be made by the city through notice to the respective professional societies or by publication in a newspaper of general circulation. The notice shall invite service providers to submi t letters of interest for specific projects. 3 . The recommendation to City Council for the award of the contract shall be made by a selection committee. The responsible department head, or designee, and two or more staff members shall perform the duties of the selection committee. 4. After reviewing all proposals submitted, the selection committee may choose the most qualified firms for personal interviews to discuss anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. The selection committee shall evaluate and rank the firms based upon criteria established in advance by the City. Cost comparisons between service providers may also be considered as a factor. A list containing the ranking information will be sent to the responsible department head. 5. The responsible department head shall negotiate a contract with the firm ranked No. 1 by the selection committee at a price determined to be fair and reasonable to the City. The agreement shall define the conditions of the contract scope, work plan, schedule, costs, method of payment, duration, insurance, indemnification and other appropriate matters. 6 . If the department head is unable to negotiate a satisfactory contract with the fírst ranked firm, negotiations shall be formally terminated. 7. The department head shall then undertake negotiations with the second ranked firm. This process shall continue until a satisfactory contract is negotiated. 8. If the list of qualified firms is exhausted without 11 SVr// - -~._--~-_.~------~--_.. ._---,,- a contract being negotiated, the selection committee shall choose additional firms, and the process shall continue until a satisfactory contract is negotiated. D. Selection Process for Contracts of $50,000 or Less. Purchases of professional services of an estimated value of $50,000 or less may be made by the Purchasing Agent. Informal solicitation of proposals shall be required in accordance with the same standards and exceptions set forth in Section 2.56.090 of this chapter. Contracts may be made using pre-qualification lists maintained by the Purchasing Agent. The Purchasing Agent shall review types of services required and determine for which types of services pre-qualification lists would be appropriate. E. Unlawful Acts and Conflicts of Interest Prohibited. l. In the selection and award of professional consultant contracts pursuant to this exception, all unlawful activity, including but not limited to, rebates, kickbacks, or other unlawful consideration is prohibited. 2. No city officer or employee shall be a member of a selection committee, or otherwise participate in the selection process, when they have a relationship with a person or business entity seeking a contract which would constitute a conflict of interest under Government Code Section 87100 or under City conflict of interest rules. 2.56.120 Supplies, materials, and equipment no longer used - Disposition procedure. A. General Procedures. All using departments shall submit to the Purchasing Agent at such times and in such form as he or she shall prescribe, reports showing stocks of all supplies, materials, and equipment which are no longer used or which have become obsolete, worn out, or scrapped. The Purchasing Agent may transfer such stock to other departments, which have need for and can use it. The Purchasing Agent, shall also have the power to sell all supplies, materials, and equipment which have been unsuitable for public use, or to exchange for, or trade in the same on new supplies, materials, and equipment. B. Approval Reauired; Competitive Process. Where the value of an item, or a group of items expected to be sold to one bidder, exceeds $100,000, such sale must be approved by resolution of the City Council. Any such sale, exchange, or trade-in shall be made to the highest 12 7--/.2 responsive and responsible bidder, in accordance with the competitive bid procedures established by the Purchasing Agent. C. Donations. Supplies, materials, and equipment when the estimated value involved is ten thousand dollars ($10,000) or less may be donated, or sold for less than fair market value, to local civic or social organizations, where it is deemed by the City Manager that such a disposition of property would best serve the City's public interests. Such donations or discounted sale of items valued in excess of $10,000 must be approved by resolution of the City Council. D. Worthless Property. In the case of scrap or survey items having no estimated or appraised value and which have not been desired by any civic or social organization, the Purchasing Agent may dispose of such items in any manner he or she deems appropriate, keeping full records of such disposition. E. Special Procedures for Disposition of Librarv Materials. The City Librarian shall submit to the Purchasing Agent reports showing used, damaged, or unneeded library materials and indicating disposition thereof. The Librarian may, at his or her discretion, donate such materials to the Friends of the Chula Vista Public Library for such book sales as they may desire, or he or she may offer such materials to any bona fide charitable or nonprofit institutional organizations serving primarily the interests of the City. If at any time the Librarian chooses to dispose of such materials other than as provided herein, he or she shall follow the general procedures set forth hereinabove. 2.56.130 Sale of Real Property - Procedure. The Purchasing Agent, with the recommendation of the City Manager and approval of the City Council shall have the power to sell for fair value any real property owned by the City which has been declared by the City Council to have no present or future use for public purposes. Notice of such sale shall be published at least once in a newspaper of general circulation in the City. Real property maybe sold for less than fair market value upon a determination by the City Council that such sale will be in the public interest. 2.56.140 Cooperative purchasing agreements permitted when. No provision of this chapter shall be interpreted or construed to prohibit or prevent the City from purchasing supplies, equipment, and services by contracts, arrangements, and agreements 13 ¿;r~) ;3 -- - - --->.- --_."_.~_. - .~--~.- --.. --.--" - -.-...-..--.... ._-_...~,-._....,,_...._,--_.._-_.- for cooperative purchasing programs with the State of California, the County of San Diego, the City of San Diego, or any other public agency, school district, or water authority within the State of California; provided that such items are purchased through a competitive process that the Purchasing Agent determines to be consistent with good purchasing practices. If the contract, agreement, or arrangement exceeds one hundred thousand dollars, then City Council approval is required. 2.56.150 Reports to City Council. The Director of Finance shall provide the City Council with reports regarding City purchasing practices in such form and at such intervals as the City council may direct. SECTION II: This ordinance shall take effect and be in full force on the thirtieth day from and after its second reading and adoption. Presented by Approved as to form by ~. '. Robert w. Powell, Director of Finance H;\sha~@d\attorney\googin8\purchnew.wp 14 6-~/ i COUNCIL AGENDA STATEMENT Itemí ')%5 Meeting Date: 12/08/98 ITEM TITLE: /1 Resolution J f. Amending the FY 1998/99 Budget and Appropriating Unanticipated Grant Revenues in the Amount of $186,123 to Establish a Serious Traffic Offenders' Program ß Resolution )~m Amending the Master Fee Schedule to Increase Negligent Impound Fee from $55 to $125 to Support the Serious Traffic Offenders' Program SUBMITTED BY: Chief OfP~ ~ REVIEWED BY: City Manage~ 'o'ê) .-/'? (4/5ths Vote: Yes"L No_) Through a highly competitive process, the Office of Traffic Safety (OTS) has approved funding of a Serious Traffic Offenders' Program (STOP) in the City of Chula Vista. OTS will fund the city a total of $342,133 over a two-year period for establishment of a Serious Traffic Offender Program which is designed to become self-supporting through cost recovery fees from violators. RECOMMENDATION: That the City Council 1) amend the FY 98-99 Budget and appropriate unanticipated grant revenues in the amount of $186, 123 to the Police Departmentforestablishment of a Serious Traffic Offenders' Program; and, 2) amend the Master Fee Schedule to increase the Negligent Impound Fee from $55 to $125 to discourage habitual traffic offenders and further fund the Serious Traffic Offender Program. BOARDS/COMMISSIONS RECOMMENDATION: The Traffic Safety Commission supports the Serious Traffic Offenders' Program. BACKGROUND: There are approximately 112,740 drivers living in the City of Chula Vista. Department of Motor Vehicle records indicate 5.5% of all drivers within the city limits have a suspended/revoked license totaling approximately 6,200 suspended or revoked drivers living within the city limits. This number does not include the population of drivers that have never had a drivers license nor non residents who pass through the city on a daily basis. Current statistics from the Department of Motor Vehicles indicate that drivers with suspended/revoked drivers licenses in the County of San Diego have had their privilege to drive revoked for failure to appear in court (42%); DUI (29%); financial responsibility/no insurance (17%); and, other negligent operation of a vehicle (12%). This indicates a significant number of drivers who can negatively impact the quality of life in Chula Vista, Additional traffic enforcement would have a positive impact on these drivers. ~--/ Page 2, Item _ Meeting Date: 12/08/98 DISCUSSION: In 1997, the Police Department responded to 71 ,468 calls for service. In between calls for service, patrol officers perform proactive traffic enforcement as time permits. Additionally, traffic officers (motorcycle officers, 1 sergeant, 5 officers) are also dedicated to "full-time" traffic enforcement. All officers are encouraged to cite unlicensed and suspended drivers and to impound their vehicles. However, the high demand for calls for service limits the number of traffic stops officers can perform during their regular shift. The number of citations issued from 1995 to 1997 for unlicensed and suspended drivers dropped from 3,066 to 1,626 citations. The fewer number of citations issued in 1997 is not due to a smaller number of offenders on the roadway, but to additional constraints on the officer's time with less time for traffic stops and license checks. In 1997, officers impounded 597 vehicles (36%) of drivers with a suspended license or no license issued. Again, this is significantly lower than the number of citations issued in 1997 (1,626). In similar fashion, the Traffic Unit struggles to divide its time between traffic enforcement and responding to neighborhood traffic complaints requesting extra enforcement (typically 5 per day), accident investigations (732 injury accidents in 1997), DUI apprehensions (321 arrests in 1997), traffic control, safety-related speed enforcement, and special events. Currently the City of Chula Vista has a $55 impound fee. This fee is directed to the City's General Fund to offset traffic operations. As part of the STOP Program, the fee would be increased from $55 to $125. The increase will be used to fund and continue the STOP Program. Proaram Costs The total two-year program cost including start-up costs (overtime and equipment) for the STOP Program is an estimated $419,527 of which the OTS will reimburse the City $342,133. The remaining $77,394 are proposed to be paid for from new revenue generated by the Negligent Impound Fee increase. . During the first year of the program's operation OTS reimburses the City 100% of one police officer based on a monthly salary of $4,162, 100% of one police agent based on a monthly salary rate of $4,416 and 100% of a part-time administrative office specialist based on a monthly salary rate of $2,345. The employee benefits for sworn personnel will be paid at a rate of 44% of the positions' salary. The employee benefits for the admin office specialist will be paid at 35% of the position's salary. The salary and benefits include cost of living increases per CVEA and POA MOU's. Additionally, OTS will reimburse the city for $9,998 in overtime expenses, two fully equipped motorcycles ($25,322) and other related equipment and promotional items for public awareness ($11,140). The total reimbursement from OTS for the first twelve months of the project will be $186,123. . During the second year of the program OTS will reimburse the city for 50% of the cost associated with one police officer at a monthly rate of $4,328, one police agent at a monthly rate of $4,593 and one part-time admin office specialist at a monthly rate of $2,439. Employee benefits will continue to be reimbursed for sworn personnel at 44% and for civilian personnel at 35%. The remaining 50% (an estimated $77,394) in salaries and benefits will be paid for from new revenues generated by the increase in the Negligent Impound Fee. Again, the salaries include cost of living increases per CVEA and POA 7~ ;¿ ......- r Page 3, Item _ Meeting Date: 12/08/98 MOU's. Additionally, the grant will reimburse the city for $5,000 in overtime, $3,000 in travel expenses to the OTS Summit and $4,800 in program expenses for promotional items for a total reimbursement amount of $156,190. Ongoing program costs after the OTS grant has ended are anticipated to be paid for from revenues generated through the increase in the Negligent Impound Fee. We estimate that the Negligent Impound Fee will generate $100,000 to $160,000 in new revenues annually. OTS Fundina The Office of Traffic Safety (OTS) uses a statewide collision ranking system to help establish funding priorities for California cities. For comparison purposes, all cities are assigned to one of seven population categories. Cities of similar population are compared to determine their vehicle fatal and injury collision rates "per thousand population" and "per thousand daily vehicle miles of travel" In addition to a composite rate, separate rates are computed for various collision types. The City of Chula Vista was ranked by OTS along with 44 other cities of comparable size (population range of 100,000 to 250,000). The rates used by OTS rank from 1 to 44, with 1 being the highest amount. Chula Vista ranked high on several key variables within 1996 OTS collision data: CV Vehicle Miles / CV Population / Fatal & Injury Collision Comparable Comparable Type Totals Population Group Population Group Total Fatal and Injury 708 17/44 28/44 Alcohol Involved 73 18/44 24/44 Speed Related 192 11/44 17/44 Nighttime 63 28/44 36/44 Hit and Run 73 16/44 22/44 HBD (has been drinking) 15 8/44 8/44 Driver under 21 HBD (has been drinking) 25 21/44 29/44 Driver 21-34 Composite 18/44 25/44 Killed & Injured Victim Type Pedestrians 67 17/44 21/44 Pedestrians 65+ 09 07/44 09/44 Pedestrians under 15 21 20/44 23/44 9-3 - Page 4, Item _ Meeting Date: 12/08/98 CV Vehicle Miles I CV Population I Fatal & Injury Collision Comparable Comparable Type Totals Population Group Population Group Bicyclists 42 32/44 32/44 Bicyclists under 15 19 12/44 17/44 DUI Arrests 451 N/A 17/43 Composite (average of all 17/44 22/44 collision types) The preceding 1997 traffic related rankings were received from the California Office of Traffic Safety. Chula Vista was ranked against cities of similar population groups (100,000 to 250,000). The City ofChula Vista ranked 8 out of 44 for DUI under21 collisions. This means Chula Vista has the eighth highest DUI under 21 cOllision rate in our population group. From the data, it is also evident that among cities of a comparable size (100,000 to 250,000 in population), Chula Vista has a high experience rating with speed related collisions, young DUI drivers causing collisions, injured elderly pedestrians, and injured young bicyclists. In 1997, unsafe speed was the leading Primary Collision Factor in 26% of all injury and fatal collisions in Chula Vista. Out of 727 injury and 7 fatal collisions, unsafe speed accounted for 193 of the collisions (rates calculated from aggregate number of collisions listed in the 1997 SWITRS statistics obtained from the CHP on June 5,1998).' To date this year, there have been ten fatal traffic collisions, involving five pedestrians, one bicyclist, and four occupants of motor vehicles. Also, during the first six months of this year, there were 332 injury collisions with 500 people injured in these collisions. Research has identified and profiled several locations as having a high collision rate. These locations within Chula Vista are as follows: 1. 400 East H Street 2. 500 Telegraph Canyon Road 3. 200 H Street 4. 4000 - 4400 Bonita Road 5. 600 H Street 6. 200 Palomar Street 7. 1200 Third Avenue 8. 500 Broadway 9. 200 Third Avenue 10. 400 F Street tThe Northwestern University Traffic Institute recommends a minimum of 20% for a traffic safety program to be effective. Thus, since 20% of our accidents are speed related it is reasonable to assume that the traffic speed program would be effective in this city. 9-tj Page 5, Item _ Meeting Date: 12/08/98 SOLUTION Consistent with the Chula Vista Police Department's Mission to enhance the quality of life in the city, it is our goal to reduce total fatal and injury collisions by 20% from calendar year 1997 total of 735 to 588 by December 31, 2000. Our goal is also to reduce the total alcohol involved fatal and injury collision by 20% from the calendar based year total of 68 to 54 by December 31, 2000. This goal can be impacted by reducing the numbers of suspended, revoked, and unlicensed drivers driving in the City of Chula Vista. Another project objective is the establishment of an aggressive public information and education campaign stressing the consequences of driving unlicensed or with a suspended or revoked license. The department intends to work with the local media to highly publicize specific enforcement efforts targeting impaired driving, driving with a suspended or revoked license and report the results of these efforts to the OTS as well as the citizens of the community. Neolioent Impound Fee In an effort to discourage habitual traffic offenders the department proposes to increase the administrative tow fee of $55 to $125. This fee covers the direct and indirect costs associated with the processing of a negligent impound. Based on an anticipated 1,600 impounds annually, we estimated a minimum of $70,000 in new revenue will be generated in the first twelve month period of the STOP program. Based on the experience of other police agency's who have implemented a successful STOP Program, we estimate the revenue will continue to grow ranging from $100,000 to $160,000 after full implementation of the program. The increase in new revenue will be maintained as a result of proactive enforcement including additional traffic safety and DUI checkpoints, special operations and the training and involvement of all patrol personnel in the STOP Program. The new revenue will be used to offset future expenses associated with the STOP Program. The amount of the fee is consistent with fees charged by other jurisdictions involved in the STOP program (City of San Diego and National City $125, the Sheriff's Department $115 and the City of EI Cajon $100). The intent of the fee is to discourage repeat offenders, recover the City's cost and ensure thatthe vehicle impound program will become self-sustaining after the grant ends. FISCAL IMPACT: There is no net fiscal impact to the general fund within the first year of the program's operation. The OTS grant will pay for 100% of the salaries and benefits for one agent, one peace officer and a part-time admin office assistant plus overtime and associated equipment and start-up costs. During the second year, the Department of Office Traffic Safety will fund 50% of the salary and benefits of the proposed positions, $5,000 in overtime, $3,000 in travel and $4,800 for public awareness promotional materials. The remaining 50% (an estimated $77,394) in salaries and benefits is proposed to be funded from the negligent impound fee increase. Ongoing program costs, associated with salary and benefits of the positions and replacement and maintenance costs of the equipment after the grant has ended will be offset by an estimated $70,000 in new revenue during the first year of the grant and $100,000 to $160,000 in new negligent impound fee revenues in subsequent years. The department will evaluate the program after its second year in operation to determine its impact on Serious Traffic Offenders and its cost effectiveness. In the event the program does not become self-sufficient, the Police Department will evaluate alternative funding sources and/or return to Counc; 1 for genera 1 fund support. 'l ~ .--------- RESOLUTION J9.2t?S' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 1998/99 BUDGET AND APPROPRIATING UNANTICIPATED REVENUES IN THE AMOUNT OF $186,123 TO ESTABLISH A SERIOUS TRAFFIC OFFENDERS PROGRAM WHEREAS, the State of California Office of Traffic Safety has awarded the Chula Vista Police Department a two-year Office of Traffic Safety grant in the amount of $342,133 for the purpose of establishing a Serious Traffic Offenders Program; and, WHEREAS, the initial two-year program costs in the amount of$342, 133 will be reimbursed from the Office of Traffic Safety; and WHEREAS, theOTS grant will pay for 100% of the salaries and benefits for one agent, one peace officer and a part-time administrative office assistant plus overtime and associated equipment and start-up costs; and WHEREAS, during the second year, the Department of Office Traffic Safety will fund 50% of the salary and benefits of the proposed positions, $5,000 in overtime, $3,000 in travel and $4,800 for public awareness promotional materials and the remaining 50% (an estimated $77,394) in salaries and benefits is proposed to be funded from the negligent impound fee increase; and WHEREAS, ongoing program costs, associated with salary and benefits of the positions and replacement and maintenance costs for the equipment after the grant has ended will be offset by an estimated $70,000 in new revenue during the first year of the grant and $100,00 to $160,000 in new negligent impound fee revenues in subsequent years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the 1998-99 Budget and appropriate unanticipated revenues in the amount of $186,123 to establish a Serious Traffic Offenders Program. Presented by: Approved as to form by: 4(~ Richard P. Emerson Chief of Police H :\shared\clerk\stop. wpd I)/J -/ RESOLUTION /1..2 ðYb RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MASTER FEE SCHEDULE TO INCREASE NEGLIGENT IMPOUND FEE FROM $55 TO $125 TO SUPPORT THE SERIOUS TRAFFIC OFFENDERS' PROGRAM WHEREAS, the State of California Office of Traffic Safety has awarded the Chula Vista Police Department an Office ofTraffic Safety Grant in the amount of $342,133 for the purpose of establishing a Serious Traffic Offenders' Program; and, WHEREAS, an increase in the negligent impound fee from $55 to $125 would discourage habitual offenders and make the program self-sustaining after the grant ends; and, WHEREAS, the program costs in the amount of$342, 133 will be reimbursed from the Office of Traffic Safety over a two-year period. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the Master Fee Schedule to increase the Negligent I mpound Fee from $55 to $125 to support the Serious Traffic Offenders' Program. Presented by: Approved as to form by: Richard P. Emerson M. Kaheny Chief of Police . y Attorney H :\shared\clerk\stop2. wpd Jß- I COUNCIL AGENDA STATEMENT /0 Item - /'778;; Meeting Date 12/08/98 ITEM TITLE: Resolution approving lease agreement between the City of Chula Vista and Senate Rules Committee ofthe State of California for the leasing of legislative office space (Suite E) to Senator Steve Peace SUBMITTED BY: Director of Finance 1'/ ~ . REVIEWED BY: CityManager1)e.,~ t4/5THS Vote: Yes_ NoX) On January 15, 1995 the City ofChula Vista entered into a lease agreement with the Senate Rules Committee for a satellite district office for Senator Peace. The term of this lease agreement for Suite E in the City's legislative office building was through November 30, 1998. Senator Peace has requested the lease be renewed through November 30, 2002, the duration of his term. RECOMMENDATION: That Council adopt the resolution approving the lease agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City has leased office space to our legislative representatives for many years. It serves a public purpose and is conveuient for local citizens to have City and legislative offices in the same location. Senator Peace has leased Suite E in the legislative office building since January 1995. The proposed lease is for the same 428 square foot office at a monthly rental rate of$579.69, including custodial service and utilities except phone. Since Senator Peace is already occupying the Suite E, continuation of this lease will avoid the loss of revenue and remodeling costs associated with locating another tenant and will not displace any current uses. The initial rental rate of$1.36 per square foot is reasonable for this property and the City is safeguarded by the 5% increases in December 1999 and 2001. In addition, the lease allows either party to withdraw from the lease with 30 days notice, reducing any potential risks associated with long term leases. FISCAL IMP ACT: This lease will generate annual rental income of approximately $6956. Annual costs for utilities, maintenance and custodial services are $3700 based on the proportion of square footage this suite occupies in the building. Since some of these costs could not be avoided if the suite was vacant, the net annual benefit to the General Fund of $3256 is somewhat understated. Both the revenues and expenditures associated with this lease were included in the FY99 budget; therefore no budget adjustment is required. j(J// RESOLUTION NO. /902Y? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LEASE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SENATE RULES COMMITTEE OF THE STATE OF CALIFORNIA FOR THE LEASING OF LEGISLATIVE OFFICE SPACE (SUITE E) TO SENATOR STEVE PEACE WHEREAS, on January 15, 1995, the city of Chula vista entered into a lease agreement with the Senate Rules committee for a satellite district office for Senator Peace; and WHEREAS, the term of this lease agreement for suite E in the City's legislative office building was through November 30, 1998; and WHEREAS, Senator Peace requested the lease be renewed through November 30, 2002, the duration of his term. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the city of Chula vista does hereby approve the Lease Agreement between the city of Chula vista and the Senate Rules Committee of the State of California for the leasing of legislative office space (Suite E) to Senator Steve Peace, a copy of which is on file in the office of the city Clerk as Document No. BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Lease for and on behalf of the City of Chula vista. Presented by Approved as to form by Robert Powell, Director a n M. Kaheny, of Finance torney H:\home\lorraine\rs\lease.sp )tJ r :¿ S~nator St~ve P~a:e L~as~ #SR 98/99-9 430 Davidson Stre~t. Suite E Chula Vista. CA 919]0 SENA TE, CALIFOR1\TIA LEGISLA TORE LEASE ALL INFORMATION REQUESrr.D IN nns LEASE MUST BE COMPLETED PRIOR TO SIGNATURE OF THE SENATE RULES COMMITrEE: nns LEASE, made and entered into this 17th day of November, 1998 by and between, City of Chula Vista hereinafter called Lessor, and the Senate Rules Committee, California Legislature, hereinafter called State. WITNESSETH: The parties hereto mutually agree as follows: 1. Lessor hereby leases unto State and State hereby hires from Lessor those certain premises situated in the City of, Chula Vista, County of San Diego, State of California, and more particularly described as follows: (include exact address of premises. including floor, suite number, zip code, etc.) 430 Davidson Street, Suite E Chula Vista, CA 91910 2. TO HAVE }\...ND HOLD said leased premises, together with the appunenance, rights, privileges, and easements thereunto belonging or appenaining unto State, for a term commencing on the 1" day of December, 1998 and ending on the 301h day of November, 2002, with such rights of termination as are hereinafter set fonh, with rental payable by State in arrears on the last day of the month, unless sufficient funds have nO! been made available in the annual budget act for the purpose of funding Senate Rules Conuninee Lease agreements, in an amount as follows: $1.36 PER SQUARE FOOT FOR 428 SQUARE FEET. TOTAL MONTHLY RENTAL $579.69 (Five Hundred Seventy Nine Dollars and 69 cents). Rental increa$es as follows: Beginning December I, 1999 - November 30, 2001 $608.68 Beginning December 1, ZOol-November 30, 2002 $639.11 The Lessee shall pay any rental payments that are not paid under this paragraph due to budgetary constraints, as soon as funds are made available under the annual budget act. 3. State agrees to pay the aforesaid rental to Lessor at the address specified in paragraph 4, or to such other address as the Lessor may designate by a notice in wriúng, upon the submission by lessor of invoices therefore at least 15 days prior to the due date to: Senator Steve Peace Senate Rules Conuninee - Building Operations 1020 N Street, Room 255 Sacramento, CA 95&14 /(}/3 I 4. All notices herein provided to be given, or which may be given, by either parry to the other, shall be deemed to have been fully given when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed as follows: NAME: City of Chula Vista CONTACT: City Manager's Office ADDRESS: 276 Founh Avenue TELEPHONE: 619/476-5345 Chula Vista, CA 91910 TAX LD. # 95-6000690 and to State at the address indicated in paragraph 3. Nothing herein contained shall preclude the giving of any such written notice by personal service, Either party other party 5. ~~ may tenninate this lease by giving notice to the LessÐF at least thirty (30) days prior to the date when sucb tennination shall become effective. At the option of the State, this lease shall tenninare within thirty (30) days ,,,mediately following the death, resignation or other removal from office of Senator Steve Peace as a Member of the Senate. 6. Lessor shall furnish to State, during the lease tenD, at Lessor's sole cost, the following services and utilities: A. Janitorial services, including but not limited to, regular cleaning of office areas and restrooms, toilet supplies and waste disposal. B. All utilities except telephone. 7. During the lease tenD, Lessor shall maintain the leased premised together with appurtenances, rights, privileges, and easements belonging or appertaining thereto, in good repair and tenantable condition, except in the case of damage arising from negligence of State's agent, invitees or employees. Lessor shall be liable for any damages sustained by State from the failure of the Lessor to maintain the leased premised in good repair and tenantable condition pursuant to this paragraph. 8. Lessor reserves the right to enter and inspect the leased premises, at reasonable times, and to make any necessary repairs to the premises. 9. Lessor agrees that State, keeping and perfonning the convenants and agreements herein contained on the part of State to be kept and performed, shall at all times during the existence of this lease peaceably and quietly, hav~ :loid and enjoy the leased premises, without suit, trouble or hindrance from Lessor, or any person claiming under Lessor. 10. In the event the leased premises or any essential part thereof shall be destroyed by fire or other casualty, this lease, shall, in the case of total destruction of the leased premises, immediately tenninate and, in case of partial destruction or damage, shall terminate at the option of State upon giving notice in writing to the Lessor within fifteen (15) days after such fire or casualty, and no rent shall accrue or be payable to the Lessor after such termination. In the event of any such destruction where the State remains in possession of said premises, the rental as herein provided shall be reduced by the same I1Itio as the floor space State is thus precluded from occupying bears to the total space of the leased premises. 11. Rental payable hereunder for any period of time less than that for which periodic rental is paid shall be detennined by prorating the rental herein specified for the applicable period. 12. To the extent authorized by any fire and extended coverage insurance issued to Lessor on the herein damaged premised, Lessor releases State from liability for loss or damage covered by said insurance and waives subrogation rights of the insurer. 2 13. This lease is subject to the provisions of the Califomia Fair Employment and Housing Ac: (Section 12900 et seq., Government Code) and in its perfonnance the Lessor will not discriminate against any employee or applicant for employment because of =e religious creed, color, national origin, ancesuy, physical handicap, medical condition. marital status, sex or age. The Lessor will take affmnative action to ensure that applicants are employed, and that employees are treated during employment without regard to their =e, religious creed, color, national origin. ancesuy, physical handicap, medical condition, marital status, sex or age. This action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; re.."I1litment or recruitment advertising; layoff or termination; rates of payor other fonns of compensation; and selection of training, including apprenticeship. The Lessor will pennit access to his or her records of employment, employment advertise=nts, application fonns. and other pertinent data and records by the Fair Employment and Housing Commission, and any other agency of the State of California designated by the Joint Rules Committee, for the purposes of investigation to ascertain compliance with this paragraph. The State may determine a willful violation of the Fair Employment Practices provisions to have occurred upon receipt of a fina1 judgment having that effect from a court in action to which the Lessor was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that the Lessor has vio1ated the Fair Employment and Housing Act and has issued an order, under Section 12970 of the Government Code which has become final, In the event of willful violation of the foregoing provision in the perfonnance of this lease, and if the Lessor, within thirty (30) days after receipt of a written notice thereof from the State, fails to cure the breach, the State shall have the right immediately to terminate this lease and any necessary additional expense incurred by the State in securing space equivalent to the leased premises, including the additional rental, if any, shall be borne by the Lessor. 14. In the event State remains in possession of the leased premises afterthe expiration date of this le:!!e. :he ."='s continued possession shall create a tenancy from month to month with rental payable by State in arrears on the last day of each month in the amount specified in paragraph 2. The tenancy creaœd herein shall be subject to all other tenns and conditions of this lease. 15. Lessor warrants that the leased premises to be used by the State in the performance of this lease are readily accessible to and usable by individuals with disabilities with respect to services, programs, activities conG"w~:i by the State on the leased premised. In the event that Lessor makes alterations to any part of the leased premises used by the State, the alterations shall comply with the accessibility standards of the Americans with Disabilities Act (V.S.CA. Section 12101 and following). In the event of violation of the foregoing provision in the performance of this lease, and if the Lessor, within thirty (30) days after receipt of a written notice thereof from the State, fails to cure the breach, the State shall have the right immediately to terminate this lease and any necessary additional expense incurred by the State in securing space equivalent to the leased premises, including the additional rental, if any shall be by the Lessor. 16. State shall have the right during the tenn of the Agreement to prepay rent to Lessor in a lump sum payment for any portion of the lease term. In exchange for the prepayment Lessor shall discount by five percent (5%) the amount of the rent determined pursuant to Paragraph 2, including any increases in the stated amount of rent that is authorized therein, for that portion of the lease tenn and Lessor shall accept this prepaid discounted rent at State's rent for that portion of the lease term. If the Agreement is terminated for any reason authorized herein prior to the end of the period for which the State had made prepayment if rent, the Lessor shall refund to the State that portion of the State's prepaid rent which is attributable to that period which commences on the effective date of the earlier termination and ends on the expiration date of the period covered by the prepaid rent. /tJ~ l' 3 IN WIThLSS WHEREOF, this lease has been executed by the patties hereto as of the dare ftrst above written. SENATOR STEVE PEACE Member of the Senate LESSOR: LESSEE: CITY OF CHULA VISTA SENATE RULES COMJ\u1 Hili of CALIFORNIA By: By: Greg P. Schmidt Title Title: Secretarv of the Senate Date Date: 4 INSTRUCTIONS TO BE OBSERVED IN EXECUTING LEASE 1. Fully complete all blanks. 2. Description shall be complete and should include square footage or acreage. State room number and floor, if applicable. When possible, a floor plan with the leased space outlined in red shall be attached. 3. Rental shall be payable in arrears. 4. Should the propeny be in probate or held in trust, evidence of the authority of the executor, administrator or trustee must be furnished. The executor or administrator may lease property without an order of the court when the tenancy if month to month, or for a tenn not to exceed one year, and the rental does not exceed one hundred dollars per month. 5. Whenever the lease is executed by an attorney, agent or trustee on behalf of the Lessor, one authenticated copy of his power of attorney, or other evidence of authority to act on behalf of the Lessor, shall be obtained. 6. When the Lessor is a partnership, the names of the partners composing the finn shall be stated in the body of the lease. The lease shall be signed with the partnership name followed by the name of the partner signing he same, 7. Where the Lessor is a corporation, the lease shall be signed with the corporate name. followed by the signature and title of the officer or other person signing the same in its behalf. The corporate seal shall be impressed upon the lease near such a signature. 8. Utilities and services detailed in paragraph 6 must be verified with Lessor. 9. There shall be no deviation from this fonn without prior approval of the Senate Rules Comminee. Specific notation of interlineations, deletions, or other alterations shall be entered in the blank space following the last paragraph. lOr S- 5 COUNCIL AGENDA STATEMENT Item II 19.2~ Meeting Date 12/8/98 ITEM TITLE: Resolution adopting an amended and restated Deferred Compensation Plan SUBMITTED BY: D;,""'o, of F;"""""v( ~ REVIEWED BY: C;ty M'''9''1XL'''õ ~ (415th. Vot" V" _00--"-1 SUMMARY: The City has offered a Deferred Compensation Plan to employees since 1975. Since the Plan was adopted, it has been modified several times in order to conform to changing Internal Revenue Service regulations. An amended and completely restated Plan is being submitted for approval in order to not only maintain conformance with Federal Government requirements, but to facilitate future changes. RECOMMENDATION: Approve Resolution adopting an amended and restated Deferred Compensation Plan. DISCUSSION: On February 18, 1975, the City Council approved a Deferred Compensation Plan. The Plan has undergone several modifications since that time, some minor, some major, primarily to maintain conformance with Federal Government regulations. The City currently contracts with two Plan administrators, Great Western Bank and the International City Manager's Association. Both administrators have notified staff of changes required to the City Plan due to regulatory changes included in HR4438, the Small Business Job Protection Act of 1996. The proposed modifications are summarized as follows: 1. Changes to the nature of the City/participant relationship from one where the participants are general creditors of the City with the City owning the deferred compensation accounts to one where the accounts are held in trust for the exclusive benefit of the participants. (Section 6) 2. Provisions for a cost of living adjustment to the maximum annual deferral amount. (Section 5.3(a)) 3. Under certain circumstances, provisions for lump sum distributions of small inactive accounts to participants while working. (Section 7.7) 4. Provisions permitting participants to make one change to their irrevocable election of a benefit commencement date, provided payments have not yet begun. (Section 7.1) //-) Page 2, Item_ Meeting Date 12/8/98 Although the change converting the Plan to a trust relationship is the only significant change being required, the Plan document is being completely restated following the format provided by one of the City's administrators in order to make future amendments easier to implement. The change to a trust relationship was apparently legislated in reaction to several employers attempting to utilize deferred compensation plan assets for operational purposes during the last several years of economic recession. In addition, this relationship reportedly became an issue during the Orange County bankruptcy proceedings, during which time deferred compensation plan participants were viewed as creditors. Approval of the amended and restated Plan will continue to insure compliance with Federal Government tax laws governing the deferral of compensation for income tax purposes. FISCAL IMPACT: This action will have no fiscal impact on the City as the Plan is self-supporting through charges to the participants. )//2- RESOLUTION NO. J7'2~JY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING AN AMENDED AND RESTATED DEFERRED COMPENSATION PLAN WHEREAS, the City has offered a Deferred Compensation Plan for City employees since 1975; and WHEREAS, since the Plan was adopted, it has been modified several times in order to conform to changing Internal Revenue regulations; and WHEREAS, an amended and completely restated Plan is being submitted for approval in order to not only maintain conformance with Federal Government requirements, but to facilitate future changes. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby adopt an amended and restated Deferred Compensation Plan, a copy of which is on file in the office of the City Clerk as Document No. BE IT FURTHER RESOLVED that the city Manager is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Robert W. Powell, Director of Finance H:\home\lorraine\rs\deferred.cmp //-3 CITY OF CHULA VISTA DEFERRED COMPENSATION PLAN (AMENDED AND RESTATED PLAN AND TRUST/CUSTODIAL DOCUMENT) Section 1. Name: The name of this Plan and Trust/Custodial Document is the City ofChula Vista, State of California, Deferred Compensation Plan, hereinafter referred to as the "Plan." This Plan is the continuation in restated form of the City ofChula Vista Deferred Compensation Plan previously adopted on April 10, 1984. Section 2. Purpose: The primary purpose of the Plan is to attract and retain personnel by permitting them to enter into agreements with the Employer that wi1l provide for deferral of payment of a portion of their current Compensation until death, disability, retirement, termination of employment, or other events as provided herein, in accordance with applicable provisions of State law, and Section 457 and other applicable Sections ofthe Internal Revenue Code. Except as otherwise stated herein, this amended and restated Plan shaH become effective December 8, 1998. Section 3. Definitions: For the purposes of this Plan when used and capitalized herein the foHowing words and phrases shaH have the meanings set forth below. 3.1 "Account" means the book account maintained in accordance with Subsection6.4 for the purpose of recording Deferred Compensation and investment gains or losses aHocated thereto. 3.2 "Administrator" means the service provider or providers with whom the Employer contracts either investment, record-keeping or other management services for the Plan. 3.3 "Beneficiary" means the person or persons a Participant designates to receive his interest under the Plan after the Participant's death, [provided that a married Participant may designate someone other than his spouse as his Beneficiary only with his spouse's consent.] The designation may be made, and may be revoked and changed, only by a written instrument (in form acceptable to the Employer) signed by the Participant, consented to by the Participant's spouse, if necessary, and filed with the Employer prior to the Participant's death, or if no designated Beneficiary survives the Participant, his Beneficiary shaH be his spouse if he is married, or, if not, his estate. 3.4 "Code" means the lnternal Revenue Code of 1986, as amended. 3.5 "Compensation" means the total of all amounts of salary or wages which would be paid by the Employer to or for the benefit of an Employee (ifhe were not a M :data\memos\director\dcplannw 1 J/~{ ... Participant in the Plan) for services perfonned during the period that the Employee is a Participant, including any amounts of Deferred Compensation that may be credited to the Participant's Account. Compensation shall be taken into account at its present value and its amount shall be detennined without regard to any community property laws. 3.6 "Trustee/Custodian" means a bank, trust company, financial institution, or other legally authorized entity appointed by the Employer to have custody of assets in the Investment and Trust/Custodial Fund. 3.7 "Deferred Compensation" means the amount of Compensation which the Participant defers pursuant to his Participation Agreement in accordance with the provisions of this Plan. 3.8 "Disability" means the inability of a Participant to engage in his usual occupation by reason of a medically detenninable physical or mental impainnent as detennined by the Employer on the basis of advice trom a physician or physicians. 3.9 "Election Period" means the 59-day period after separation trom service with the Employer during which a Participant may elect to defer commencement of benefit payments under the Plan. 3.10 "Employee" means any officer, employee or elected official ofthe Employer; excepting any class of employees who are designated by Employer as being ineligible to participate in the Plan. 3.11 "Employer" means the City ofChula Vista. 3.12 "Employer Contribution" means the contribution made by the Employer pursuant to Subsection 5.2 of the Plan. 3.13 "Employment Period" means a period trom January I through December 31 of the same year, except that the first Employment Period of an Employee hired on any date other than January I shall be the period beginning with the date of employment and ending on December 31 of the same year. 3.14 "Includible Compensation" means Compensation which (taking into account the provisions of the Code, including Section 403(b) and Section 457) is currently includible in gross income for federal income tax purposes. M:data\memos\director\dcplannw 2 J/-S- 3.15 "Investment and Trust/Custodial Fund" means a fund established by the Employer as a convenient method of setting aside a portion of its assets to meet its obligations under the Plan, as provided in Subsection 6.1. 3.16 "Normal Retirement Age" means the date a Participant attains age 70-1/2 or, at the election of the Participant, any earlier date that is no earlier than the earliest age at which the Participant has the right to retire under the Public Employees Retirement System (PERS) and to receive immediate retirement benefits calculated without actuarial reduction, but in any event not later than the date or age at which the Participant separates fÌom service with the Employer. If a Participant is employed by the Employer beyond age 70-1/2, his Normal Retirement Age may be the age at which he separates fÌom service with the Employer; provided that the distribution requirements of Subsection 7.5 are still satisfied with respect to the Participant, and provided further that a Participant who has utilized the catch-up deferral provisions of Subsection 5.3(b) may not thereafter change his Normal Retirement Age. 3.17 "Participant" means any Employee who fulfills the participation requirements under Section 4. 3.18 "Participation Agreement" means the agreement executed and filed by an Employee with the Employer pursuant to Section 4, under which the Employee elects to become a Participant in the Plan and to defer Compensation thereunder. Section 4. Participation in the Plan: 4.1 Participation. Each Employee may elect to become a Participant in the Plan and defer payment of Compensation not yet earned by executing a written Participation Agreement and filing it with the Employer at any time during active employment with the Employer. Compensation shall be deferred for any pay period only if a Participation Agreement providing for such deferral has been entered into and is effective before the beginning of the month in which the pay period commences. 4.2 Modification ofDeferraJ. A Participation Agreement shall remain in effect until it is terminated or modified. A Participant may modify an existing Participation Agreement to effect subsequent deferrals in accordance with rules established by the Employer. Such modification must be filed by the Participant with the Employer prior to the beginning of the month for which the modification is to be effective. 4.3 Termination of DeferraJ. A Participant may terminate further deferral of Compensation under the Plan effective at the beginning of any month by filing M :data\memos\director\dcplannw 3 J/r-~ _.m.____w. with the Employer an executed notice of termination of his Participation Agreement prior to the effective date of termination. Once further deferral of Compensation is terminated, a Participant may rejoin the Plan in accordance with rules established by the Employer. No previously deferred amounts shall be payable to an Employee upon terminating further deferral of Compensation under the Plan unless otherwise due pursuant to Section 7 hereof. 4.4 Selection ofInvestment Qptions. The Participation Agreement shall also provide for the selection, pursuant to Subsection 6.3, of one or more investment options in the Investment and Trust/Custodial Fund to which the Participant's Deferred Compensation shall be allocated; provided that any amounts so allocated equal or exceed a minimum of$12.00 per pay period. The employer shall invest the Participant's deferrals in accordance with such selection. Section 5. Amount of Deferrals: Deferral of Compensation: 5.1 Deferral of Compensation. During each Employment Period in which an Employee is a Participant in the Plan, the Employer shall defer payment of such part of the Participant's Compensation as is specified by the Participant in the Participation Agreement which the Participant has executed and filed with the Employer. 5.2 Employer Contribution. During each Employment Period in which an Employee is a Participant in the Plan, the Employer may make an Employer Contribution to the Participant's Account equal to the percentage of the Participant's Compensation specified by resolution or labor contract approved by the Employer. 5.3 Limitation. The amount of Compensation which may be deferred by a Participant and the amount of employer Contributions, if any, made to a Participant's Account are subject to the following limitations: (a) Annual Limitation. Except as provided in Paragraph (b) below, the maximum amount that a Participant may defer during an Employment Period, when added to the amount of any Employer Contribution for such Participant during the Employment Period, shall not exceed the lesser of $8,000 (or as may be adjusted for cost-of-living by the Secretary of the Treasury) or 33-1/3% of the Participant's Includible Compensation. The minimum amount that a Participant may defer is $12.00 per pay period. M:data\memos\director\dcplannw 4 //-7 '.·.____."_m··. (b) Catch-1 Jp Deferrals. For one or more of a Participant's last three Employment Periods ending before the Participant attains Normal Retirement Age, the maximum amount a Participant may defer during the Employment Period, when added to the amount of any Employer Contribution for such Participant during the Employment Period established in Paragraph (a) above, plus so much of such maximum amounts determined under such Paragraph (a) for Employment Periods beginning after December 31, 1978 but before the current Employment Period in which the Participant was eligible to participate in the Plan (or in another eligible deferred compensation plan under Section 457(b) of the Code) less the amount of compensation actually deferred under such Paragraph (a) for such prior Employment Periods shall not exceed $15,000 per each of such three Employment Periods. The provisions of this Paragraph (b) shall not apply more than once to each Participant. (c) Ag~egation of Plans. In applying Paragraphs (a) and (b) above, the amount that may be deferred by a Participant under the Plan for any Employment Period shall be reduced by (i) the amount deferred by the Participant for such Employment Period under any other eligible deferred compensation plan under Section 457(b) of the Code, (ii) any Employment Period under Section 403(b) of the Code, (iii) any amount excluded from the Participant's gross income for such Employment Period under Section 402(a)(8) or Section 402(h)(B) of the Code, and (iv) any amount with respect to which a deduction is allowable for such Employment Period by reason of a contribution on behalf of the Participant to an organization described in Section 501(C)(18) of the Code. The Participant shall inform the Employer of his participation in any of the above-listed plans and is solely responsible for any violation of this Paragraph (C). Section 6. Investment and Trust/Custodial Fund Provisions: 6.1 Investment and Trust/Custodial Fund. The Employer shall establish an Investment and Trust/Custodial Fund for the purpose of investing amounts of Deferred Compensation and Employer Contributions, if any, credited to Participant Accounts. Such Participants Accounts shall at all times be held by the Trustee/Custodian for the exclusive benefit of the Participant or Beneficiary. 6.2 Trust/Custodial Provisions: (a) Trustees/Custodian. The Trustees/Custodian shall be, at any time the duly appointed and authorized Director of Finance of Employer. Resignation, removal and appointment of such Trustees/Custodian, as well as compensation and expense reimbursement of the Trustees/Custodian shall M:data\memos\director\dcplannw 5 /I-r also be in accordance with appropriate legal guidelines for resignation, removal, appointment, compensation and expenses of the Director of Finance. (b) Investment Options. The Trustees/Custodian or the Employer shall adopt various investment options for the investment of deferred amounts by Participants or their Beneficiaries, and shall monitor and evaluate the appropriateness of continued offering by the Plan. Any action by Employer in adopting any such investment option shall not be considered to be either an endorsement or guarantee of any investment option, nor shall it be considered to attest to the financial soundness or the suitability of any investment for the purpose of meeting distribution obligations. While the Employer will endeavor to use reasonable care in the selection of the various investment options, neither the Employer nor the Trustees/Custodian shall be liable to any participant for disappointing results, or losses flowing from any shortcomings in this regard. (c) Investment Option Chan~es. The Trustees/Custodian or the Employer may de-select options that are detennined to be no longer appropriate for offering. In adopting or de-selecting such options, the Trustees/Custodian or Employer, the Participants or their Beneficiaries shall be entitled to select from among the available options for investment of their deferred amounts. In the event options are de-selected, the Trustees/Custodian or Employer may require Participants to move balances to an alternative option offered by the Plan. If any Participants fail to act in response to the written notice, the Trustees/Custodian or employer shall transfer monies out of the de-selected option to an alternative option chosen by the Trustees/Custodian or Employer. By exercising such right to select investment options or by failing to respond to notice to transfer from a de-selected option where the Trustees/Custodian or employer move the monies on behalf of such Participants, the Participants, and their Beneficiaries agree that none of the Plan fiduciaries will be liable for any investment losses, or lost investment opportunity in situations where monies are moved by Trustees/Custodian or Employer, that are experienced by a Participant or Beneficiary in the investment option(s) they select or are selected for them if they fail to take appropriate action in regard to de-selected fund. (d) Designation of Fiduciaries. The Employer, Administrator and Trustees/Custodian and the persons they designate to carry out or help carry out their duties or responsibilities are fiduciaries under the Plan. Each fiduciary has only those duties or responsibilities specifically assigned to him under the Plan or delegated to him by another fiduciary. M:data\memos\director\dcplannw 6 //~~ L -_.~..._~.. Each fiduciary may assume that any direction, infonnation of action of another fiduciary is proper and need not inquire into the propriety of any such action, direction or infonnation. Except as provided by law, no fiduciary will be responsible for the malfeasance, misfeasance or nonfeasance of any other fiduciary. (e) Fiducial)' Standards. (i) The Trustees/Custodian and all other fiduciaries shall discharge their duties with respect to this Plan solely in the interest of the Participants and Beneficiaries of the Plan. Such duties shall be discharged for the exclusive purpose of providing benefits to the Participants and Beneficiaries and defraying expenses ofthe Plan. (ii) All fiduciaries shall discharge their duties with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims, and as defined by applicable State law. (f) Trustees/Custodian's Powers and Duties. The Trustees/Custodian's powers and duties shall be those defined under applicable State law. (g) Tax Exempt Status. This Plan and Investment and TrustJCustodial Fund is intended to be exempt from taxation under Section 501(a) of the Internal Revenue Code ("Code") and intended to comply with Section 457(g) of such code. The Trustees/Custodian shall be empowered to submit or designate appropriate agents to submit this Plan and Investment and TrustJCustodial Fund to the Internal Revenue Service for a detennination of the eligibility of the Plan under Section 457, and the exempt status of the Investment and TrustJCustodial Fund under Section 501(a), if the Trustees/Custodian conclude that such a detennination is desirable. 6.3. Investment Options. Each Participant may allocate his Deferred Compensation and employer Contributions, if any, among the investment options, if any, provided under the Plan. A Participant may change his investment options in accordance with rules established by the Employer. Such modification may effect transfers of Compensation already deferred and any Employer Contributions that may have already been made from one investment option to another and/or may prospectively change the investments to which future deferrals of Compensation and Employer Contributions, if any, shall be allocated, effective as soon as practicable after the Participant makes the change. M:data\memos\director\dcplannw 7 )¡-Ie -- -...-...- 6.4 Account. The Employer shall maintain an Account for each Participant to which shall be credited any Employer Contributions made for such Participant and such Participant's Deferred Compensation at such times as it would have been payable but for the tenns of his Participation Agreement. Each Participant's Account shall be revalued at least quarterly to reflect the earnings, gains and losses added thereto or subtracted therefrom in accordance with the perfonnance of the investment options selected by the Participant pursuant to Subsections 4.4, 6.2 and 6.3. The earnings, gains and losses added to or subtracted from an Account shall mean the actual earnings, gains and losses of each investment option, on a pro rata basis among the Accounts of those Participants who selected that investment option. Section 7. Distribution of Benefits: 7.1 Pavrnents on Separation rrom Service. Subject to the provisions of Subsection 7.5, upon a Participant's separation from service with the Employer for any reason (including disability), the entire amount credited to his Account (less any federal, state or local income tax required to be withheld thererrom) shall be paid to him in equal monthly installments over a period not to exceed 5 years beginning after the expiration of the Election Period; provided, however, that during such Election Period a Participant (including a Participant who has utilized the catch-up deferral provisions of Subsection 5.3(b) with an Account balance in excess of an amount specified by the Employer, which amount shall not exceed the amount specified in Section 457(e)(9)(A) of the Code, as the same may be adjusted from time-to-time, may irrevocably elect in writing (on a fonn acceptable to the Employer) a specific later date for first receiving payment under the Plan. In addition, a Participant may elect a different method of payment as provided in Subsection 7.2 by filing the appropriate fonn with the Employer no later than ninety days prior to the Participant's elected payment date. The Account balance of a Participant with less than the amount specified by the Employer in his Account at the time of his separation from service shall be paid in a single lump sum to the Participant (less applicable taxes) as soon as practicable following his separation from service. A Participant who has elected a specific later date for first receiving a payment under the Plan, as set forth above, may elect to further defer the date upon which such payment(s) will begin. Such election to further defer payment may be made only once, to a later date, as long as payments have not yet begun when such election is made. 7.2 Optional Fonns of Benefit Payments. Subject to the provisions of Section 7.5, as an alternative to payment in a lump sum, a Participant whose Account balance exceeds the amount specified by the Employer under Subsection 7.1 above, may M :data\memos\director\dcplannw 8 //~// --~---- elect to receive payment under the Plan in the form of substantially equal monthly, quarterly, semiannual or annual installments for a period not to exceed the life expectancy (which may be recalculated annually) of the Participant or the joint life expectancy of the Participant and his Beneficiary; provided that no single payment (other than the last scheduled payment) is less than $100.00. Any amount remaining in the Participant's Account at the end of the specified period shall be paid in a single lump sum payment. Alternatively, such a Participant may elect an annuity under anyone of the settlement options offered in a commercial annuity contract purchased by the Employer for the purpose of providing benefit payments for the life of the Participant or the joint lives of the Participant and his Beneficiary and once begun, periodic payments must be made not less frequently than annually, in substantially non-increasing amounts. 7.3 Emergency Withdrawals. Except as otherwise provided in Subsection 7.5, distributions to or on behalf of a Participant shall be made only in the event of his separation ITom service with the Employer, unless such Participant experiences an unforeseeable emergency. "Unforeseeable emergency" means a severe financial hardship to the Participant resulting ITom (a) a sudden and unexpected illness or accident of the Participant or a dependent of the Participant as defined in Section 152(a) of the Code, (b) the Participant's loss of property due to casualty, or (c) other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the Participant. Examples of events which may cause an "unforeseeable emergency" are catastrophic illness, flood, fire, earthquake, death in the family or disabling injury. Withdrawals will not be permitted for expenditures normally budget able, such as a down payment on a home, purchase of an automobile, or education expenses. Withdrawal will not be allowed to the extent that the hardship may be relieved (i) through reimbursement or compensation by insurance or otherwise, (ii) by liquidation of the Participant's assets (to the extent such liquidation would not itself cause severe financial hardship), or (iii) by cessation or temporary suspension of deferrals under the Plan. Withdrawals of amounts because of an unforeseeable emergency will be permitted only to the extent reasonably needed to satisfy the emergency. Former Employees who have not yet received distribution of their entire Account balances shall also be eligible for emergency withdrawals under the same conditions as active Participants. A Participant or former Employee who experiences such an unforeseeable emergency may apply to the Employer for a withdrawal which shall be permitted, in the discretion of the Employer, only to the extent it complies with the requirements ofthis Subsection 7.3. Any amount approved hereunder for emergency withdrawal shall be paid to the Participant in a single lump sum (less any applicable withholding taxes). The withdrawal shall be effective at the later of the date specified in the Participant's application or the date approved by the Employer. M:data\memos\director\dcplannw 9 //--/;}- --- -""-_.__....._------------"--" 7.4 Payments on the Death of a Participant. (a) Death After Benefit Commencement. If the Participant dies after having begun to receive installment payments in accordance with Section 7.2, payment of the remainder of such scheduled payments shall be suspended for a period of sixty days after the Participant's death. During each sixty-day suspension period, the Beneficiary of such Participant may elect, subject to the distribution requirements of Subsection 7.5, to receive the balance then credited to the Participant's Account in a single lump sum or in installments as specified under Section 7.2, provided that the Participant's Account will be distributed to the Beneficiary at least as rapidly as under the method of distribution being used prior to the Participant's death. If no such election is made by the Beneficiary by the end of the sixty-day suspension period, the remaining installment payments selected by the Participant (adjusted, if necessary, to comply with the distribution requirements of Subsection 7.5) shall be paid to the Beneficiary. (b) Death Prior to Benefit Commencement. Subject to the provisions of Section 7.5, if the Participant dies before distribution ofms Account commences, his Beneficiary shall receive distribution of such Participant's Account as provided under Section 7.1, treating the Beneficiary as if he were the Participant; provided, however, that if the Beneficiary elects installment payments, the Participant's entire Account shall be distributed over a period not to exceed 15 years (or the life expectancy of the Participant's surviving spouse, if such spouse is the Participant's Beneficiary). 7.5 Provisions Required Pursuant to Code Section 401 (a)(9)' (a) Timin¡¡ and Amount of Required Distributions. (1) Notwithstanding any of the foregoing, distribution of a Participant's entire Account shall commence not later than April 1 following the calendar year in which he attains age 70-1/2 or retires from service, which ever is later. Unless the form of distribution is a single lump sum payment, distributions shall be made over a period not exceeding the life expectancy of the Participant, or the joint life expectancy of the Participant and his Beneficiary . M:data\memos\director\dcplannw .10 II ----/;S (2) If the Participant's entire Account is to be distributed in a form other than a single lump sum payment, then the amount to be distributed each year must be at least an amount equal to the quotient obtained by dividing the Participant's entire Account balance (determined as of the last valuation date of the preceding calendar year) by the life expectancy of the Participant or (if applicable) the joint life expectancy of the Participant and his designated Beneficiary. Life expectancy and joint life expectancy shall be computed by the use of the return multiples contained in Section 1.72-9 of the Treasury Regulations. (b) Distributions After Death. (I) If the Participant dies after having begun to receive installment payments in accordance with Subsection 7.2, the remaining portion of such Participant's Account shall continue to be distributed at least as rapidly as under the method of distribution being used prior to the Participant's death. (2) Ifthe Participant dies before distribution of his Account commences, the Participant's entire Account shall be distributed in one of the distribution options provided under Subsections 7.1 and 7.2 no later than December 31 of the calendar year which contains the fifth anniversary of the Participant's death except: (i) that if the beneficiary is not the Participant's spouse, and such non- spousal beneficiary elects to commence distribution by December 31, of the year following the year the Participant died, such non-spousal beneficiary may elect a periodic payment not exceeding 15 years, as set forth in Sec. 7.4(b) above; or (ii) that if the designated Beneficiary is the Participant's surviving spouse, such spouse may elect to receive distribution of the Participant's entire Account in substantially equal monthly, quarterly, semiannual or annual installment payments over the life expectancy of the surviving spouse. Such distributions are required to commence on or before the later of (i) December 31 ofthe calendar year immediately following the year in which the Participant died, or (ii) December 31 of the calendar year in which the Participant would have attained age 70-1/2. If M:data\memos\director\dcplannw 11 //--¡( the spouse dies before such payments begin, subsequent distributions shall be made as if the spouse had been the Participant. For purposes of this subparagraph, payments will be calculated by use of the return multiples specified in Section 1.72-9 of the Treasury Regulations. (c) Intewretation. The provisions of this Subsection 7.5 shall override any distribution options in the Plan that are inconsistent with this Subsection. All distributions under the Plan shall be made in accordance with Treasury Regulations issued under Section 401 (a)(9) of the Code. The provisions ofthis Subsection shall be effective as of January 1, 1989. 7.6 Effect of Reemployment. If a Participant who separates from service again becomes an Employee, no distributions shall be made or continued to the Participant while he is so employed. Any amounts which the Participant was entitled to receive on his prior separation from service shall be held until the Participant or his Beneficiary is again entitled to a distribution under the terms of the Plan. 7.7 De Minimis Distributions. Notwithstanding any other provision of the Plan, if the Participant has not deferred any amount for a 2-year period and the total amount of the Participant's Account under the Plan does not exceed $5,000, a Participant may elect to receive, or the Plan may elect to distribute without the Participant's consent, the entire value of the Participant's Account in a lump sum distribution. No subsequent distribution under this provision to such Participant may be made, once such distribution occurs. Section 8. Nonassignability: The interest of a Participant in the contractual obligation of the Employer, established by the Plan, shall not be assignable in whole or in part, directly or by operation of law or otheIWise, in any manner. Section 9. Miscellaneous: 9.1 No Effect on Emp]oyment. Neither the estab]ishment of the Plan nor any modification thereof, nor the establishment of an Account, nor any agreement between the Employer and the Custodian, nor the payment of any benefits, shall be construed as giving to any Participant or other person any legal or equitable right against the Employer except as herein provided, and in no event shall the terms of employment of the Emp]oyee or Participant be modified or in any way affected hereby. 9.2 Construction. This Plan shall be construed, administered and enforced according to the Constitution and laws ofthe State of California. M :data\memos\director\dcplannw 12 II -/-5 9.3 Plan-to-Plan Transfers. Plan-to-plan transfers shall be pennitted as follows: (a) Transfers from Plan. To the extent and in the manner pennitted under Section 457(e)(10) of the Code and the Treasury Regulations thereunder, the balance in the Account of a Participant who is no longer an Employee and who subsequently becomes a participant in another eligible deferred compensation plan under Section 457(b) of the Code shall be transferred to his account in the plan of his new employer; provided that such plan provides for the receipt of such transferred amounts. If a Participant's Account has been transferred to such plan, the Participant shall not be entitled to receive any benefit under this Plan, notwithstanding anything in this Plan to the contrary. (b) Transfers to Plan. If prior to becoming an Employee, an individual participated in another eligible deferred compensation plan under Section 457(b) of the Code, the Employer may in its discretion accept transfer of any amount credited to the deferred compensation account of such Employee under that plan and, in the event of such transfer, shall establish for the Employee an Account under the Plan to which such amount shall be treated as an amount deferred under and subj ect to the tenns of the Plan, except that no amount so transferred will be taken into account in . applying the deferral limitations set forth in Subsection 5.1. Section 10. Amendment and Termination: 10.1 Amendment and Tennination. The Employer may at any time and from time to time by action of its governing or appointing board as evidenced by an instrument in writing duly executed by the Employer modify, amend, suspend, or tenninate the Plan in whole or in part (including retroactive amendments) or cease deferring Compensation pursuant to the Plan for some or all Participants. In the event of such an action, the Employer shall deliver to each affected Participant a notice of such modification, amendment or tennination or a notice that it shall cease deferring Compensation; provided, however, that the Employer shall not have the right to reduce or affect the value of any Participant's Account or any rights accrued under the Plan prior to such modification, amendment, tennination or cessation. 10.2 Inte¡:pretation. This Plan is intended to qualify as an eligible deferred compensation plan under Section 457 of the Code, and shall be interpreted and administered in a manner consistent with such qualification. The Employer reserves the right to amend the Plan to the extent that it may be necessary to confonn the Plan to the requirements of Section 457 of the Code and any other M:data\memos\director\dcplannw 13 J)~/? applicable law, regulation or ruling, including amendments that are retroactive to the effective date of the Plan. In the event that the Plan is deemed by the Internal Revenue Service to be administered in a manner inconsistent with Section 457 of the Code, the Employer shall correct such administration within the period provided in Section 457 of the Code. The Employer reserves the right to take such action and do such things as are required to make the Plan, as administered, consistent with Section 457 of the Code. Section I L Plan Administration: 11.1 Administration. The Plan shall be maintained by the Employer, which may recommend rules and regulations for the administration ofthe Plan consistent with the terms of the Plan. All rules and regulations recommended by the Emp10yer shall be final and conclusive upon adoption by resolution of the City Council. 11.2 Powers. The Employer shall have all powers to perform all duties necessary to exercise its functions including, but not limited to, the: (a) Determination of Employees' eligibility, participation and benefits under the Plan; (b) Establishment and maintenance of written records showing at any time the interest of a Participant in his book Account; (c) Interpretation and construction of the provisions of the Plan; (d) Direction of the Employer (or the Trustee/Custodian on behalf of the Employer) to make disbursement of benefits under the Plan; (e) Appointment of such agents, advisors, counselors and delegates including an Administrator as may be necessary and appropriate for the administration and operation of this Plan and the delegation to such agent, advisors, counselors and delegates of any of its discretionary and ministerial powers and duties in accordance with this Section; and (I) Composition of any provision to Participants of all forms as described in this Plan. (g) Determination in a manner deemed fair and equitable of the cost to the Employer of withholding deferred compensation under this Plan, or in making investments, or otherwise administering or implementing the Plan. Employer may withhold, collect, or have withheld or collected such costs, M :data \memos\director\dcplannw 14 )/~ J? _ __>_." u.___,,_,___.______ in such a manner as they deem equitable either from the compensation deferred pursuant to the Plan, the income produced from any investment with respect thereto, from principal returned from any investment, or as a direct charge to the Participants. 11.3 Revocability of Administrative Action. Any action taken by the Employer with respect to the rights or benefits under the Plan of any person shall be revocable by the Employer as to payments or distributions not theretofore made pursuant to such actions and appropriate adjustments may be made in future payments or distributions to a Participant or Beneficiary to offset any excess payment or underpayment theretofore made to such Participant or Beneficiary. Section 12. Miscellaneous. Amounts deferred under a State Deferred Compensation Plan in taxable years beginning before January 1, 1979, are hereby made a part of this Plan. Section 13. Gender and Plurals. The masculine gender shall include the feminine and neuter, the masculine pronoun shall include the feminine and neuter, the singular number the plural, and conversely, whenever appropriate. The Employer hereby establishes this Deferred Compensation Plan on the terms and conditions set forth herein. Date: By: City Manager Approved as to Form: City Attorney M:data\memos\director\dcplannw 15 )/~/r ----.- ------- ._--_._--~~..._-,-_." , COUNCIL AGENDA STATEMENT Item J:2.. . Meeting Date 12/08/98 ITEM TITLE: RESOLUTION /9,;2-%/1) APPROVING THE APPLICATION FOR REDESIGNATION OF THE SOUTH SAN DIEGO RECYCLING MARKET DEVELOPMENT ZONE (RMDZ) TO INCLUOE THE CITY DF CHULA VISTA; AND 2) ADOPTING NEGATIVE DEClARATION IS-99-11 FOR EXPANSION OF THE RMDZ SUBMITTED BY: Michael 1. Meacham, Conservation Coordinator ~ C......my [1...1...... O;'OC~_5, REVIEWED BY: City Manage~ Þo ....-- (4/5ths Vote: Yes_ Noll) BACKGROUND: City Council and the Resource Conservation Commission approved the City's participation in a regional Recycling Market Development Zone (RMDZ) as part of the City's Source Reduction and Recycling Element in 1990. On August 12, 1997, the City Council approved a Memorandum of Understanding with the City of San Diego which outlined both Cities's intent to request the state to include Chula Vista in the existing South San Diego RMDZ. Expanding the RMDZ to include Chula Vista would provide additional incentives for business and economic development and will assist the City in meeting landfill reduction goals. At that time, Council directed staff to prepare the application to the state and appropriated funds for a consultant to assist staff with the application research and documentation. The state requires that an environmental analysis of the application be conducted in accordance with CEnA. The Initial Study has been completed and has concluded that no significant environmental impacts will result. Consequently, a Negative Declaration was prepared and issued for public review. RECOMMENDATION: That the City Council: 1) adopt the resolution authorizing the City Manager to submit the application to the California Integrated Waste Management Board to include Chula Vista in the South San Diego RMDZ, and further authorize the City Manager to execute all documents in conjunction with accepting the RMDZ designation; and 2) adopt Negative Declaration IS·99·11 for expansion of the RMDZ. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission (RCC) reviewed the RMDZ proposal in August 1997 and recommended that Council support the application. The RCC also reviewed the Initial Study and Negative Declaration regarding this item on November 16, 199B. In 1997 the Economic Development Commission endorsed the submission of an RMDZ application to the state by consensus (no formal vote was taken). J..2~1 -_._._~._.._--._-- Page 2, Item _ Meeting Date 12108198 DISCUSSION: A. RMDZ's . Purpose and Incentives RMDZs were established by the state to create a partnership with local governments to assist businesses which manufacture recycled-content products, i.e. post consumer products such as plastic. glass and metal. The overall purpose is to create markets for materials collected from commercial and residential recycling programs. The primary state incentive is a loan program offering fixed·rate. low-interest. long term loans of up to $1 million for real property, equipment and working capital. Additionally, within an RMDZ, SDG&E offers qualifying companies a "New Jobs Rate", i.e. a 15%. 10%, and 5% discount on utility rates for the first 3 years respectively. These loans can be used by staff as an incentive to recruit new manufacturers as well as to assist existing businesses transition from virgin feedstock to post-consumer, recycled feedstock. RMDZ staff also assist feedstock generators to connect with feedstock consumers. There are a number of Chula Vista businesses that could benefit from RMDZ loans and services, including. potentially, such firms as SOS Metals, a recycler of plastic from used copper wire. and Nypro, a manufacturer of molded injection products. which could use recycled products instead of virgin materials. B. Redesignationl Application Process There are 2 RMDZs in San Diego County· the North Zone and the South Zone. The City of San Diego, the County and 7 north county cities are members of the North County RMDZ. The City of San Diego and the County are the only 2 current members of the South San Diego County RMDZ. State law does not allow any new Zones to be created; however. it does allow for an existing Zone to be expanded (or "redesignated"). Redesignation requires the existing members and the new member to submit an application to the California Integrated Waste Management Board. accompanied by an environmental initial study/negative declaration and resolutions of support from each participating entity. The City's application to the state requests that the City of Chula Vista be annexed to the South San Diego RMDZ in the Brown Field area. Attached for your review are: 11 the Resolution as required by the State; 21 the proposed application; and 3) the related Negative Declaration (which begins on page 32 of the application). The City of San Diego and the County will be forwarded the adopted Negative Declaration following its approval and will be asked to adopt a similar resolution. Both entities as well as the state have indicated support for the redesignation. C. Chula Vista land Use Control The proposed application identifies the entire City to be included in the RMDZ. Only areas appropriately zoned (now, or in the future) would be candidate locations for RMDZ businesses. The RMDZ designation does !!.Q1 supersede local planning authority or the state environmental review process. The expansion of any current business or the siting of any new business would be subject to the same case by case land use and environmental review process as any other business located in the City. /:J- - d- Page 3. Item _ Meeting Date 12108198 D, RMDZ Administration and Promotion The San Diego RMDZ is administered by the City of San Diego Environmental Services Department. The previously approved MOU provides for San Diego and Chula Vista to each have a Zone Coordinator. The Community Development Department's Economic Development staff will act as the Zone Coordinator to oversee RMDZ services with assistance from the City's Conservation Coordinator and Environmental Resources Manager in coordination with BECA. FISCAL IMPACT: Council has already appropriated FY98-99 funds from the solid waste revenue fund for the RMDZ consultant ($5000), as well as from the Community Oevelopment Department for printing a new RMDZ brochure ($3000). Other expenditures shown in the application's FY98,99 and FY99-00 budgets reflect in-kind staff and promotional costs. Any additional expenses for Zone promotion or administration will be included in future budget requests. (MM) H:\HOME\COMMOEV\STAFF.REP\12·08·98\rmdz-cas IOecermer 2, 1998 (2:41pm)] /02 :3 RESOLUTION NO. 19;23"1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR RE-DESIGNATION OF THE SOUTH SAN DIEGO RECYCLING MARKET DEVELOPMENT ZONE TO INCLUDE THE CITY OF CHULA VISTA AND ADOPTING A NEGATIVE DECLARATION (IS - 99 -11) AS REQUIRED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR THE RMDZ APPLICATION WHEREAS, the California Public Resources Code provides for the establishment of a Recycling Market Development Zone Program throughout the State which provides incentives to stimulate development of secondary materials markets; and WHEREAS, the city of Chula Vista must meet mandated reductions in landfill wastes, 25 percent by 1995 and 50 percent by 2000, as mandated in the California Integrated Waste Management Act; and WHEREAS, the redesignation of the South San Diego County RMDZ to include the city of Chula Vista which already includes parts of the City of San Diego and the County of San Diego dedicated to the expansion of secondary materials business enterprises is essential for market development and to assist in meeting the landfill reduction goals; and WHEREAS, the Border Environmental Commerce Zone and good transportation networks could contribute to the success of the redesignated RMDZ; and WHEREAS, the development of local markets for recycled materials would reduce the need to transport them out of the region in the future; and WHEREAS, the redesignation of the zone would provide incentives for business development, thereby providing jobs for the area's unemployed; and WHEREAS, the South San Diego Recycling Market Development Zone has agreed to submit an application for redesignation of this Recycled Market Development Zone to the California Integrated Waste Management Board to include the City of Chula vista; and WHEREAS, the Environmental proj ects Manager has conducted an Initial Study and concluded that there will be no significant environmental facts and has recommended the adoption of a Negative Declaration. 1 /.2 -1 _..._.__________._...___..._.._..____.._m..____+_ NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby adopt a Negative Declaration (IS- 99-11) as required by the California Integrated Waste Management Board for the RMDZ Application. BE IT FURTHER RESOLVED that the City Council of the City of Chula vista does hereby approve the Application for Redesig- nation of the South San Diego Recycling Market Development Zone to include the City of Chula Vista. Presented by Approved as to form by , Michael T. Meacham Conservation Coordinator H:\horne\lorraine\RS\rmdz 2 /2'/ <:: N .~ C en :;: <:: '" a:: Q. 0 )( '" w ..!!! '" ¡¡; c :> <:: '" '" en "3 .r:. - .r:. :::I U 0 "C en Q '" en <:: 0 Q. ¡¡; 0 Ox ~ c.. w liD ~ . , " """0'" " ; < ¡ 0 z <t en < ž ·1G5 ~ 0 ~. " ü < ;¡ ~ '" % < z< \ ~ \ \ .- \ \ o%g - ~<w -" 0;:; I~-Þ "TTACHMENT 1 · SOUTH SAN DIEGO · ...--." · · · · · RECYCLING MARKET · DEVELOPMENT ZONE REDESIGNATION ApPLICATION Á1k" ~~"",,,;"";,~~¿, " ,;',;::"¡;¡" .",~_;,"~,~w~1ß.~ .~'" .-::.~"; ", ,", - --",-,.þ~~'-ÄBD "'_ï:!< -_'J.i:..~ '" ~ '7_~'" 'Hi" "'"",* ,¡ii~itjF" ',' ~/,'" .',. .:. ~~m OF CHUIfA VISTA <¡~~~~ ~~~';¿:~~~'%'A~ 11\" "'~ '~~~'¥4J'p ARTNERßÌbP WITH ,.~ j¡,fl;'~~'~~',~!~ ~~~'i>. 461 ''!::i?''''''''~~, 'ITY OE· ~., IEGO ~'i'f"'~' ~~ ""''''',·w''", C ,,,,,,,,,,,.~m,,,·,')'1'D""··~~ M'" '.' ""IS :m ' 'R '~"m: O~" """'fIE 0 ",,:ry,.--.;-.\~~. -'0' .' " ,- c. . .>-. .,;,." 'Iii' -, ..,..... l7~;i~?%t~':·_..;" . ~-_Ó11i'i'. ,<'>, _.-'_':_:._~t._"./_'_,/-"" _1¡y"" "" "'~r, <'''''1111'''''. C'k"". .~^~ ''¿'-,,-~ ,"-'r.6'\_" ,'" ~""""""-f!l'!fu-"" . - .-,'h_ '-. .~.""~,,, -¡II: ~:f}f'~::;£'~";¡-~:;~>:'.. "" ",. ;,~;~:~>~ ..~~~'" ',:, ,-~~-~j ,-"",""",J!.;-",~.....\% .,;",.";,,(~~ :~r~'~.".·_,_·,~$$'''~~~' r.¡~" J;~~â._I~ m" Dc~'lI~'.'~ 'tit";""'" ~"c P.UCATION MEOÐ ØŒR" mIKC . I'H:-,.O' 01':"F,<'t ...:' . '.". '; .~, _ -'.1_, ",' ,~;.c ' ' '¥.-"":;-~3,~~ i!~~'~ifl~*~~-,':_"'--'-~-"~·--"'-~IfffO" ~. CR~~~~lfU~INESS ASSOCIATES <f.,IEGO, CA) ~#';::~':'~~f<~~~1 ~~,. ~ 1;1. -7 ._'_.'.._.._.n.. TABLE OF CONTENTS ................. EXECUTIVE SUMMARY LETTER FROM ZONE ADMINISTRATOR......... .................. 1 GENERAL INFORMATION ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2 Contact Person Mission Statement Resolutions Initial Letters of Support MARKET DEVELOPMENT PLAN... ............... ............... ... 4 Administration & Budget......................................................... 4 Feedstock Analysis.................................................................. 9 Marketing Plan....... .............................................................. IS Incentives......~.................................................................... 18 Financial Support......................................................... ......... 19 Existing & Planned Infrastructure..................... ...... ............ ...... 20 Available Properties & Buildings................................................ 26 Recycling-Based Businesses within Chula Vista.............................. 27 GENERAL DESCRIPTION OF RMDZ EXPANSION JURISDICTION-- CH'ULA VISTA.................................... 28 Partnership with Other South San Diego RMDZ Jurisdictions............... 29 Maps of Chula Vista................................................................. 31 CEQA COMPLIANCE... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 32 PLANNING & WASTE MANAGEMENT DOCUMENTS FOR CHULA VISTA... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 33 ApPENDICES ~ I t- ff ~-, EXECUTIVE SUMMARY ,,--,,- ........................................................... SOUTH SAS DIEGO RlvDZ REDESICSATIOS A!'PLICATlOS . CHULA VrsT.4 EXPANSIOS c~ /2-9 _...._...___._....__ ____u______._._ --------.-..----.-- EXECUTIVE SUMMARY .................. In partnership with the City of San Diego and the County of San Diego, the City of Chula Vista proposes to join the South San Diego Recycling Market Development Zone (RMDZ) through a redesignation of the existing Zone. The newly expanded Zone would then combine the economic development and waste management goals of the three jurisdictions to create a strong mix of incentives for new recycled product manufacturing in the region. The South San Diego RMDZ was designated originally in 1992, with the City of San Diego pro- viding Zone Administration. Market development activities focused on the Otay Mesa region of the City of San Diego and the County of San Diego, along the industrially-zoned US-Mexico border area. The proposed redesignation area - the entire City of Chula Vista - is contiguous with the Zone, and is expected to increase its attraction to recycled product manufacturers through these primary means: · Chula Vista's close partnership with the Border Environmental Cooperation Alliance (BECA) environmental business incubator, headquartered in Chula Vista; · Well-developed infrastructure and recyclable materials supply sources that are oriented toward small- and mid-sized industrial activities; · Available industrial property and incentives within Chula Vista redevelopment areas; and · Chula Vista's committment to the promotion of environmental businesses. Chula Vista is San Diego County's second-largest city (after San Diego), with a population of over . 153,000 and approximately 50 square miles in area. Approximately 1,200 acres are zoned for industrial activities, and 190 manufacturers currently operate within the City. These resources, combined with the City's agressive recycling and waste reduction efforts, should provide an excellent foundation for recycling market development activities. The proposed Chula Vista RMDZ activities will be administered by the Community Development Department, in close working consultation with the city's Conservation Coordinator. A Chula Vista RMDZ Coordinating Group will be formalized to include partnering agencies and organiza- tions, such as the Planning Department, the Regional Economic Development Corporation, BECA, the Chula Vista Chamber of Commerce, and the Southwestern College's Small Business Development & International Trade Center. The Chula Vista RMDZ Administrator and the Conservation Coordinator will also work closely with the South San Diego RMDZ Coordinating Group to promote recycling market activities within the entire zone area, and to exchange infor- mation. ~ ,Z-ID The Chula Vista RMDZ budget allocation for these efforts is currently projected to be over $37,000. With these resources, Chula Vista will target the expansion of existing recycled product capacity within the City (through existing manufacturers) and the attraction of new firms. Targeted material types will include plastics, low-grade papers, and glass, Chula Vista's Conservation Coordinator will also coordinate feedstock identification from other jurisdictions to help support Chula Vista's RMDZ efforts. The addition of Chula Vista to the South San Diego RMDZ will provide additional staff and financial support to the City of San Diego and the County of San Diego RMDZ efforts. Com- bined, Chula Vista intends to playa strong role in securing at least 3,000 tons/year of new remanufacturing or recycling processing capacity by Year 2 after redesignation; at least 5,000 tons/ year by Year 3; and at least 10,000 tons/year by Year 5. A--~ 0 (2. -I' t -'--, GENERAL INFORMATION ........................................................... SOUTH SAX DIEGO RMDZ RWESIGN.4TIOX APPLICATION. CHULA VISTA EXPANSION ~... ! 7- - /1 I. GENERAL INFORMATION ........................ The General Infarmation section includes a letter of transmission from the South San Diego RMDZ Administrator, contact information, the expanded South San Diego RMDZ Mission Statement, as well as primary letters of support. I.B. CONTACT PERSON The contact person for the redesignation process is also a contact p.erson for the new jurisdiction, ChuIa Vista. During the application process, the primary contact at ChuIa Vista will be the Conservation Coordinator for the City. After redesignation, the primary contact will be from the Community Development Department, although the Conservation Coordinator will remain a secondary ChuIa Vista contact. Additional questions can also be directed to the South San Diego RMDZ Administrator, currently managed by the City of San Diego Environmental Services Department: Primary Contacts: Michael Meacham, Conservation Coordinator City of ChuIa Vista, City Manager's Office 276 Fourth Avenue, ChuIa Vista CA 91910 ph: 619-691-5122 fax: 619-585-5612 Cheryl Dye, Economic Development Manager City of ChuIa Vista, Community Development Department 276 Fourth Avenue, ChuIa Vista CA 91910 ph: 619-691-5047 fax: 619-476-5310 Secondary Contact Sharon Brown, Recycling Specialist! RMDZ Administrator City of San Diego, Environmental Services Department 9601 Ridgehaven Ct., Ste, 320, San Diego CA 92123 ph: 619-492-5085 fax: 619-492-5089 l.e. MISSION STATEMENT Both the City of San Diego and the County of San Diego have adopted clear statements promot- ing the development of regional recycling markets, including activities outlined in the San Diego SRRE, legislative policy guidelines, and internal recycling market development goals. One such statement, adopted in 1994, supports "economic and environmental policies that encourage the development of environmentally-compatible industries that promote a sustainable use of U.S. and global resources, such as recycling, remanufacturing..." and other environmental industries (source: Sustainable Development Policy Guidelines). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ Suuru SAN D/u;ù RMDZ RUJ[.;¡,:N,.¡¡'/()N ApPUCAIIUN . CUUI.A VIS/A EXPANS!<'N ~V ~. /J. ~13 --........--.._..._-_.....,_..~._._-----_._- The City of Chula Vista has also adopted innovative economic development goals. The current Chula Vista mission statement for economic development activities is "[to] creatively plan and facilitate physical improvements, economic development, and social benefits which enhance the quality of life for all people in the Chula Vista community." To achieve this mission, the City has targeted several industries for future industrial growth: import! export, maquiladora suppliers, high-tech, bio-tech, and enviro-tech. The last, enviro-tech, refers to the broad environmental industry category that includes companies involved with alternative energy, conservation, hazardous and solid waste management, and environmental instrumentation and equipment. In order to promote these companies, the City of Chula Vista coordinated the successful application for federal funding to create an environmental business incubator and assistance center, the Border Enviroi1mental Commerce Alliance (BECA), which is now home to over 15 small, environmental companies. In addition to the City of Chula's general environmental business targeting, specific recycling market development goals were adopted in the Chula Vista SRRE, including: . The promotion of recycled product purchasing by both the City and local businesses; and . The attraction of manufacturing businesses to Chula Vista and the South San Diego Bay that use recyclable materials as feedstock. Chula Vista RMDZ Mission Statement Reflecting the above goals previously adopted by the City of San Diego, the County of San Diego and the City of Chula Vista, the mission for Chula Vista's RMDZ efforts will be to provide incen- tives to perswule existing manufacturers to use recycled-content; to idmtify opportunities for retrofitting manufacturing processes to accomodate the use of recycled-content inputs; to create jobs through the attraction and expansion of recycled product manufacturers and collection infrastructure; and to support community and commercial recycling programs through the increased value and demand for recycIables through market development and buy-recycled efforts. ........................................................~ S()UTH S:\N Dll.t~{) RMDZ R¡-:}r~[(;\'A.n().\" A.PPuC.-\rlO.\' . C/-lUl..A VrsrA EXf1A.Y"'/'W ... ¡Þ:íO /.2 - F! SAN DIE G 0 REG ION ^ LEe () N () ¡vii c: D E VE [, 0 P [vi I·: N T C 0 1\ PO RAT ION It January 23, 1998 Michael Meacham Conservation Coordinator City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Meacham: The San Diego Regional Economic Development Corporation fully supports the City of Chula Vista's application for the creation of a Recycling Market Development Zone within the city. As an indication of support we are willing to · Provide assistance and support to Chula Vista's Community Development 401 B STREET Department and those companies considering locating within Chula Vista's · RMDZ SUITE 1100 , · Refer those clients ofEDC that have an interest and will benefit by locating ....AN DIEGO operations within Chula Vista's RMDZ · CA 92101 · Collaborate with the other economic development entities in the City of · Chula Vista to market the RMDZ (tel) 619.234.8484 · · Meet with Chula Vista's Community Development staff on a regular basis (fax) 619.234.1935 in order to discuss any issues relative to the clients of the RMDZ, marketing efforts, and strategies which fully utilize the benefits of the RMDZ Our organization understands both the value of expanding markets for the region's recycling programs, and increased efforts to promote economic development. We are pleased to offer our assistance for the Recycling Market Development Zone, and look forward to the expansion of this program into the City ofChula Vista. Please do not hesitate to contact me if you require further information. ~ðh' ¡Wi, M,i~ Wrif»!. ~ President & CEO cc: Mayor Shirley Horton þ7t I:J,-/~ il \',1 '>\\ ',:1 :,L' --- Helping lO slrengthen San Diego's regional economy. Partially funded by the City. Port and County of San Diego. - -,_.~-_.__.._-- ...-.----------- -- --..-----.-.-..-.-....- - SMALL BUSINESS _ FINANCE CORP January 26,1998 Michael Meacham Conservation Coordinator City of Chula Vista 276 Fourth Ave. Chula Vista, Ca. 91910 Dear Mr. Meacham: I fully support the City of Chula Vista's application for the creation of a Recycling Development Zone within the city. As an indication oftrus support, I am willing to give presentations on the potential for financing opportunities for businesses in the city of Chula Vista, Our organization understands both the value of expanding markets for the region's recycling programs, and increased efforts to promote economic development. I am pleased to offer my assistance for the Recycling Market Development Zone and look forward to continued economic development in the area. Sincerely, ~~~ Ken Rosenthal Sr. Commercial Loan Officer ¡:þt,;;... /2 - It:. ____. - __,____.._.._________n_______ OTAYMESA Chamber of Commerce Celtlmltll/:: Tm Y('lIl~(¡t SeJ'\II/M the Me511 I<JN7 1997 1997 Board of Directors Officers Pmidrnl January 6,1998 RlckOli5 RPM Malenal Handlmg FimVictPmidfn/ Michael Meacham SlCveGross BorderTrad~Ser..im Conservation Coordinator SteOnd \<Î(( Prtsíd~n/ City of Chula Vista .lœLukes Malmhila Tde_i,ion ComraIJY 276 Fourth Avenue Trtasuru Chula Vista, CA 91910 Ira Gershow Andrcwc!:w:il1íamsonSales.!nc ÚlCllliveDirrClOr Dear Mr. Meacham: LaureeSlhb¡ Directors Rochel1e80ld Otay Mesa Chamber of Commerce fully supports the City of Chula Vista's Sill Diego RegiooalEcooonùcDeI'_COrp. Kelly Bun application for the creation of a Recycling Market Development Zone within the TenantFI!$IRealE.statc:&rvìCl:s,lnc. city. As an indication of our support, we are willing to A!anFoster S¡nyoNorthAmerica Smjy Greitw * Introduction the prospective companies to other companies already located GltilltrBrokm,lnc. LmyPatterwo on the Mesa, Hooeywe!!,lnc. SltvePona I'McrDil1sionlCirclelntematiooaLlnc * Highlight benefits of Recycling Zone in OT A Y ACTION Newsletter. ManStamp.:r AT&T KemTrimbk * Distribute written material to Otay Mesa Chamber members regarding the PrO}ecl De5ign ConsultanlS MonicaV,'illiams Zone, HowuduigbllMusuies General Counsel * Host an informational breakfast regarding details of the Zone. Mac Atgut Proropio.Cor;.',Hargreal'cs&Sav][ch President'sCirc1e Our organization understands both the value of expanding markets for the region's AT&T recycling programs, and increased efforts to promote economic development. We 8rO\\l1 Field A,ia~oo Park. LLC. Cafe Design Catering are pleased to offer our assistance for the Recycling Market Development Zone, Ca.lifomiITrilll$pcxta~oo Venture, 'Coopcrs& LybrardL.L.P, and look forward to the expansion of this program into the City of Chula Vista, HiliChi Home E\ectronics Am:rica., Inc. Please do not hesitate to contact me if you require further information Honeywell.lnc Howard Leighl Indusuies InetDeMexicollntl 'LaSalle Trucking Co Sine el Llzarngalnlemauooal Customs Broker;,lnc. e¡ y" M,"",h'" T,'"""," C" V Av: McMllhnRealty , ","o'""m"",,,,'T,,d,S,",,,, ./~. 267.. 'Otay InlemauonalCenter /.. ..../ "-- 'Pac¡ficBell ' ,.f' Pan:!SOrHC AK\1E I L S hb Pardee Coostruction auree a a l'of1erDi\'i'l()wCirdelntemational.lnc Executive Director 'l'Tocopio,C(1(},Hargreaves&Savitch 'Roll Rwch RI'M MalCrialHJI1dhng 'SanDlegoGa.\& Elewic San [)ic~o Padre, 'SJny(]~mthA~nca ";,,1i.1u\ 1'r"f"::1\ S~\ltm.' l~nanIFír~1 Real E~lale Services, II\C '1"llIIrrnM,,·..t'rr· Office ". ';.~ S,,'II'r" ,','d ~(,ad. JUlie 1·2 (,r,:.\k,J,'..-\C7' .. I"·II"'.I·",¡·' : .1,\ I,{,I "',17~ .---;;;- ¡t:::t3 (;;'-/7 ... -_....._.._~. ----- (~) Jefferson Smurfit Corporation Telepbone (619) 268-3533 Smurfit Recycling Company 4033 Ruffin Road Pax (619) 268-4943 San. Diego, CA 92123 January 6, 1998 Michael Meacham Conservation Coordinator City of Chula Vista 276 Fourth Ave. Chula Vista, Ca. 91910 Dear Mr. Meacham: Smurfit Recycling Company, a post-consumer processor of waste paper, aluminum, glass and plastic, fully supports the expansion of the South San Diego RMDZ to include Chula Vista. Furthermore, as an indication of our support we are willing to provide recycled materials as feedstock to new or expanding businesses locating in the proposed RMDZ. The following materials handled and/or processed by our company have the potential to be consumed locally by RMDZ area end-users: Newspaper 2500 tons per month Corrugated 2000 tons per month Mixed Paper 300 tons per month White Ledger 100 tons per month Office Waste 100 tons per month Hard White 60 tons per month Glass 100 tons per month Plastic 20 tons per month Aluminum Cans 100 tons per month Our commitment to supply these materials to RMDZ consumers is contingent, of course, on prevailing market prices for the specific materials. JJ--rl- It -It _._--- ,..--....--. -"- _.-.-.-----_._-_.....__.~---_.- January 29, 1998 Mr. Michael Meacham Conservation Coordinator City'of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Letter of Support for City of Chula Vista Dear Mr. Meacham: Organic Recycling West, Inc. (ORW) is pleased to support the City off Chula Vista (City) in its pursuit to expand the existing Recycling Market t Development Zone (RMDZ). As a composting/horticultural product t supply company located in the City of San Diego's RMDZ, ORW has first-- hand knowledge of the program's benefits to participating businessess and the community. As the City of Chula Vista's contracted green waste processor, and a3. firm that has worked closely with the City for the past four years, we= have been impressed with its progressive, comprehensive and weIlL managed recycling program. Furthermore, the City recognizes th~ importance of developing end-product markets, and has actually gon~ out of its way to help ORW with its marketing efforts. The success of recycling and recycled end-product markets in th~ southern region of San Diego County could benefit from an RMDZZ expanded to include Chula Vista. The energy and level off committment Chula Vista has given to the task of achieving AB9399 goals has been exceptional. We feel sure the City will dedicate an equail amount of energy to the RMDZ program. With an expanded RMDZ, ORW looks forward to expanded markets for composted green waste and other recycled end-products, an increase in· recycling options for the region, and an improved public image for the composting and recycling industry. I am available @ (619) 585-9909 to discuss this correspondence in further detail. S~t:L Rich Flammer Organic Recycling West, Inc. ~ I}. -/1 -,,- --"..-.---.... Cactus Recycling, Inc. Telephone ~ (6/9) .66/·/21EB3 /703 Cactus Road. Fax San Oiego, CA 92/73 (619) 661-128'35 F.ebruary 16, 1998 , Mr. Kenn Morris Crossbol-der Business Associates PO Box 90127 . , San Diego, CA 92169-0127 I , Dear Mr. Morris: Cactus Recycling, lnc a post ~ industr.iaVcommercíaI processor ofrecyclabl¢ materials, fully , .~upports the establis!unent of a Recycling Market Developm~nt Z'one in the Chula Vista area, . 'Furthermore, as ¡m indication of our support, we are willing to provid<; recycl'ed materials as , feedstock to new or ex~anding businesses locating in the proposed RMDZ, , The following materials handled andJor processed by our comp¡my have the 'pote}tial to be consumed locally by RDMZ area end-users: . · f~rious Metal 350 tons/month . · Cardboard 1,120 tons/month .- · Plastic 180 tons/month · ' EP$ Foam 6:5 . tons/mOt1th · Also Nonferrous. paper, glass, & wood Our commitment to supply these ml\tetials to RDMZ 90nsumers is contingent, of course, on prevailing ~arket prices for the specific materials, Since expanding markets are vital to the continued growth of the recycling industry as a whole and to secondary matèrials processors in pa,rticular, we look forward to ~he successful. " establis!unent ofRDMZ'in Chula Vista. -, Edward Fitch III President Cactus Reçyc1ing, ¡nc - EF/vlg. ..~ /J.. - 2tJ __, ..,,~ "C....V,-I ¡;;-., "~~FR --."" MARKET DEVELOPMENT PLAN ........................................................... SOUTH SA'! DIEGO RtvIDZ REDESIGNATION APPLIc,moN . CHULA VISTA EXPA'ŒON ¡A~J /J. ~).( -_.~.- -------....-..------.... II. MARKET DEVELOPMENT PLAN ............................. The expansion of the existing South San Diego RMDZ to include the City of Chula Vista will complement the region's overall recycling market development efforts by utilizing the City's advantages as a leader in promoting environmental businesses and policies; its industrial infrastructure which tends to promote small- and mid-sized operations; its on-going recycling operations, including City-wide recycling services; and its aggressive economic development networks. 1. ADMINISTRATION & BUDGET The South San Diego RMDZ was established in 1992 as a partnership between the City of San Diego and the County of San Diego, with the City of San Diego Environmental Services Depart- ment providing admininstration and coordination of recycling market development activities. Most funding for RMDZ projects has been in the form of dedicated staff time from the City of San Diego Environmental Services Department, the City of San Diego Economic Development Services, the County of San Diego Public Works Department, and partner economic development groups such as the Otay Mesa Chamber of Commerce and the San Diego Regional Economic Development Corporation. It is estimated that over $30,000 has been spent on promotional materials, trade shows, mailings, recycling market studies, and other RMDZ activities since establishment of the South San Diego RMDZ. The addition of Chula Vista to the South San Diego RMDZ will be accomplished administratively in the following manner: · The Chula Vista Community Development Department (CDD) and the City's Conservation Coordinator (CC) will work jointly on RMDZ projects, with the COD acting as the RMDZ Coordinator and the CC providing marketing and recycling technical assistance; · The COD will work with the CC to jointly develop RMDZ promotional materials, identify RMDZ prospects for retention and/ or attraction, and marketing of the Zone. In addition, the CC will assist the COD in evaluations and technical information for prospective RMDZ companies, and in educating other Chula Vista departments (Planning, Finance, etc.) regarding the need for recycling market development activities; · The COD and CC will develop a coordinating group to maximize RMDZ efforts within the City of Chula Vista. The group will be made up of partnering organizations and/ or agencies important for City economic development efforts or general business assistance. Invited members will include the Planning Department, the Border Environmental Commerce Alliance (BECA), Southwestern College's Small Business Development Center, and the Chula Vista Chamber of Commerce, among others; and 00000000..0.00...0.000.0..0000.00.00..0..000.000.00. 0 0 0 o@ SUUrfI SAN Ðilt;U RMDZ RU.J/..SK;XA1f(J;\i ApPL!(ArIl);,\ . CWlf..4. VlS1A EXPA,\'.-':/d\ . j:Þ--ff' /},-J..7- ---- -- -- "--- - - ....---.------.--.-- . Both the COD and the CC will meet quarterly (at a minimum) with other members of the South San Diego RMDZ to discuss on-going activities, joint marketing efforts, legislative activities, RMDZ prospects, RMDZ loan applications, and other relevant recycling market development issues. Chula Vista's Community Development Department will provide Zone Administration for the City of Chula Vista. Responsibilities will include preparation of an annual report on RMDZ activities for the South SD RMDZ Administrator (currently, Sharon Brown of the City of San Diego Environmental Services Department), tracking and follow-up of qualified RMDZ business prospects, oversight in development of Chula Vista RMDZ promotional materials, submission of initial RMDZ loan information to South SD RMDZ Administrator, and coordination of marketing activities. Chula Vista's Conservation Coordinator will provide the Chula Vista RMDZ Administrator with recycling company leads, technical assistance in RMDZ business evaluations, assistance with development of promotional materials, and updates on relevant ClWMB or general waste management/recycling legislation and/ or trends. Importantly, the Conservation Coordinator will also provide leadership at the regional Technical Advisory Committee (TAC) to use regional feedstocks to attract new businesses and identify existing users of recyclable materials, as will as develop information on sources of feedstock materials. Both the Community Development Department and the Conservation Coordinator will invite other City agencies and relevant business assistance organizations to form an advisory; Chula Vista RMDZ Coordinating Group. Although this group will not have direct administrative activities, it will act to educate other agencies/ groups about recycling market development needs; facilitate expedited processing of necessary permits; and provide non-City support to prospective RMDZ companies. The group many include representation from the City of Chula Vista Planning and Finance departments, the Chula Vista Chamber of Commerce, the Border Environmental Commerce Alliance, and Southwestern College's Small Business Development Center. The Chula Vista RMDZ Coordinating Group will meet quarterly to discuss the Citýs RMDZ business attraction and/ or marketing efforts, or as frequently as needed to work with specific RMDZ businesses to expedite their expansion efforts. Please see Chart I, "Existing & Expanded RMDZ Participants", p.6. Upon redesignation of the South San Diego RMDZ, Chula Vista will meet at least quarterly with the other major participants in the Zone program. There will, however, be more frequent interac- tion among individual participants in the initial stages of Zone expansion, as well as during joint marketing efforts and discussions. with specific RMDZ business prospects. Please see Chart 2, "Expanded RMDZ General Participants", p.6. A discussion of specific individuals and organizations participating with the RMDZ follows on page 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~ ScJUI1I SAX Ol1ù) RMOZ RU)¡:,":XAn. JX A!'PUL"'l< JX . CIIW A v,,/,; EX!'A",¡,'" '=' ~- /2//13 . ..._..~~--_._---~. CHART 1 -- EXISTING & EXPANDED RMDZ PARTNERS ............................................ City of San Diego County of San Diego Economic Development Public Works Services Department RMDZ Partner South SD RMDZ Administration O~zadon.(Ckunb.~ ....... City of San Diego Environmental ECGn. Dn. Grou.... etc.) Services Department -------- ----.------- .---- --- I I---~---- Expanded City of Chula Vista City of Chula Vista I I I. I I RMDZ I Community I . I Conservation I Participants :~~~I~~~ .1 Coordinator I (Chula Vista) - - - -.- - - - r - - - -.- - - - .. I City of Chula Vista I I New RMDZ Partner I I Other Agencies I I Organizations (S.W. I I (planning. Finance, etc.) I I College SBDC, etc.) I --------- --------- CHART 2 -- EXPANDED RMDZ GENERAL PARTICIPANTS ............................................. County of San Diego Activities Partner Organizations ..... ... ....... ......... .... ............ ... ...... ... .... @ Suun¡ S.-\.\' D1Ll;U RA-1DZ Rf.PhlGY.....no.!\,' API·'lIl~AlkJ.\ . CUUlA VIS'Ll EXI',\:-",.""!t)\ ~D /:2/)'1 --.--.-,. ._-~.._._._--._.._- --- - -..--- Additional Assistance from Specific Individuals & Organizations Upon redesignation, the South San Diego RMDZ will include new partners from the City of Chula Vista, including representatives from the primary agencies involved with RMDZ activities: the Community Development Department and the City's Conservation Coordinator. The #e Î-- individuals that will be key contacts from these agencies are: · · Cheryl Dye, Economic Development Manager (619-691-5047) · Michael Meacham, Conservation Coordinator (619-691-5122) In addition to the representatives from the City, however, the Chula Vista RMDZ will also de- velop a coordinating group that will include these organizations and individuals: Border Environmental Commerce Alliance: The purpose of this organization is to create and retain jobs in the environmental technology industry by providing a point for environmental technology transfer; by providing business counseling services to environmental companies; and by offering incubator space for start-up £inns at the BECA facility. Larry O'Donnell, Business Incubator Manager, will be the primary contact at BECA (619-498-4967). Chula Vista Chamber of Commerce: The Chamber will assist the City RMDZ efforts in identifying new, potential RMDZ companies, as well as provide a source of infonnation for general business activities throughout the City. The primary contact will be Rod Davis (619-420-6602). San Diego Regional Economic Development Corporation: Although already part of the existing coordinating group for the overall RMDZ, the Regional EDC will be invited to participate with Chula Vista RMDZ efforts when potential RMDZ companies are involved with large investment activities, or if substantial employment impacts will occur. Southwestern College Small Business Development & International Trade Center: The SBDITC will provide additional business counseling services to small and start-up RMDZ companies, as well as market research and business plan development assistance. In addition, the SBDITC will provide the coordinating group with leads for potential RMDZ companies. The primary contact will be either Ken Clark or Victor Castillo (619-482-6391). ........................................................~ SOUTH SAN Olfl.;O RMDZ R[[)[SICNADtlN ApPJ.lCArIUN . ClillL4. VIST.-t EXPANSION . ~ ;)/)3 . ...-.- - .,--..--..-----...-. -...- (hula Vista RMDZ Budget Allocations The following is the proposed annual budget for the Chula Vista Recycling Market Development Zone. Figures include existing budgeted items and in-kind support from the Conservation Coordinator (within the City Manager's Office), and the Community Development Department; as well as supplemental funding that will be obtained following Zone designation: Human Resources Conservation Coordinator (20% FIE) $15,000 Community/Economic Development Spec. (10% FIE) General Postage, Printing & Promotional Expenses $5,000 Telephone, Fax $500 Existing Displays and Promotional Support Materials $3,500 Office & Storage Space, Clerical Support $7,000 Printing, Binding & Advertising $5,000 Including RMDZ information in existing brochures and I or contributing to the development & printing of regional brochure Postage Target mailings for workshops, RMDZ promotion among existing $500 businesses or new end-users of targeted post-consumer materials Promotional Expenses Graphics and other materials for display or advertising at trade shows $500 and economic development-related events Transportation Expenses Funding to include Community Development staff in key recycling $500 trade shows Other Commodities and Supplies Office supplies, meeting supplies and miscellaneous expenses for local $300 workshops and other fonns of promoting the RMDZ among existing & potential businesses .................................. ......................@ SUUJ'f1 SAN D1Fl;O RMDZ R¡·'/)L';Il;.\:A1Ïd,\' ApPI.J\.:AJ'/U\' . CUUlA VhlA EX¡~-I.,\:-k),\ .' ~ ;;1/lb _ -..------..-..--.-----....---- .- ----_._.__._---,-~--._._..- 2. FEEDSTOCK ANALYSIS The City of Chula Vista currently disposes of more than 110,000 tons-per-year - approximately 5.7% of the County total- at regional landfills. The primary landfill used is adjacent to the City, Otay Landfill, which received more than 350,000 tons of trash in FY'97 (please see the follawing page, "Landfill General Locations in San Diego County", for a map of regional landfills). The Citýs most recent Inerts & waste characterization Construction ( 2)' d· d h Cardboard 199 m lcate t e Y d & W d . ar 00 Newspaper followmg rough Waste . composition: M,xed Paper HG Ledger Of particular note Glass were the high yard Plastics and wood waste compo- nents, and the relatively Metal Cans large amount of plastics and . papers. Since the study, the OT extl!es,& . rganlcs City of Chula Vista has been very Other aggressive in recycling of yard and wood wastes. In fact, Chula Vista not only collects the green materials, but the City has also been an important contributor to the success of one South San Diego RMDZ company, Organic Recycling West, by providing a substantial portion of that composting companýs feedstock, and by promot- ing the company through messages on waste bill inserts. FY'97 collection of green materials resulted in the following diversions: FY'97 Av. Monthly Yard waste Prol!ram Tonnage Tonnae:e Residential 11,958.9 996.6 Commercial* 1,137.8 103.4 Roll-Off" 1,220.2 110.9 All of the above materials were processed by Organic Recycling West for compost, which makes it less likely that Chula Vista would target the attraction of other green materials composting operations. However, the Chula Vista RMDZ efforts will not only focus on retention and attrac- tion activities, but also on the promotion of recycled products, including compost derived from its own yardwaste collection program. In addition to its yardwaste collection programs, Chula Vista also implemented citywide curbside recycling service for its 30,000+ single-family residential households. The City has also initiated centralized container recycling services for multi-family households at over @". ~ ......................................................··-A SOUTH SAN DIEGO RMDZ RWESIGNATlON APPLICATION . CHULA VISTA EXPANSION ..,. ~ /).-.21 MAP 1: LANDFILL GENERAL LOCATIONS IN SAN DIEGO COUNTY ~... e... ~~ ~ q,,, '" 0 c 0 U N T Y " Barrega - landfill " voJteyc-. ... .. .. m ~ " " - ~ >- .. , ~ " 0 C> C> 0 t\\ 0: ~ 'to z I .., AlpIne -< N ' , ® J""" Joa.mba c.npo IMPERIAL BEACH Toea.. ME" I C 0 11juana MAP SOURCE: COUNTY OF SAN DIEGO, INTEGRATED WASTE MANAGEMENT PLAN (1996) ........................................................~ SOUTH SAN DIEGO RMDZ REDESICNATION ApPLICATION. CHULA VISTA EXPANSION "" ~ /;.-/.8' ._ ~ _H __._~___..._ 2,050 locations within the City. Expansion of commercial recycling efforts should also help in the diversion of additional materials. Collection efforts to-date, performed by the City's contractor, resulted in the following recyclables collections in FY'97: Residential Curbside Multi-Famil Collection FY'97 FY'97 Annual Monthly Annual Monthly 96-'97 Market Material e Tonna e Collection Eot. Tonna e Collection Eot. Prices $loon News a er 3152.4 262.7 780.83 65.1 34.9 Cardboard * 51.4 10.3 na na 84.0 Mixed Pa er * 86.7 17.3 na na 7.3 HDPE-Cle 146.5 12.2 26.93 2.2 357.0 HDPE-Colore 87.9 7.3 i3.66 1.1 154.5 PE 108.9 9.1 20.77 1.7 209.2 Aluminum 33.5 2.8 8.12 0.7 1 074.4 TinlSteel Cans 274.2 22.9 35.83 3.0 60.4 Glass-Amber 131.9 11.0 26.46 2.2 $ 27.0 Glass-Clear 392.7 32.7 47.63 4.0 $ 27.0 Glass-Gree 251.4 21.0 37.27 3.1 $ 20.0 Glass-3 Color 304.4 25.4 105.99 8.8 $ 15.0 Curbside Oil ** 1626.6 als. 180.7 also na na na Oil Filters ** 301 33.4 na na na . The City began collecting th.se materUz/s in Febnuzry '97 (5 months of FY'97) from singli!--ftmll1y Intuseho/ds .. The City &egan collecting th.se items in October '96 (9 months of FY'97) from singli!jamùy house/w/ds Please note that average market prices received for these recyclables is given, a factor that will partly determine which materials will be targeted by the Chula Vista RMDZ efforts. Although the City's size somewhat limits the amount of recyclables that can be generated and diverted directly by the City or by businesses within the City; Chula Vista is centrally-located in San Diego's South Bay. This provides an opportunity for potential RMDZ companies to use recyclables from other sources in the region. In 1996, the City of San Diego worked with a local recycling organization, I Love A Clean San Diego County; Inc., to survey regional recyclers about their 1995 collection efforts. These results can be found on page 12. It is clear from the results of this survey that a significant amount of paper, plastic, and glass is generated within the San Diego region. Follow-up research by the City of San Diego concluded that nearly all of these materials leave the region for other parts of California, the West Coast, the Pacific Rim, and some locations within Mexico. It is the intent of the Chula Vista RMDZ effort to target the current processors and collectors of some of these materials, and to coordinate their use in the South San Diego RMDZ. Based on the above factors, the market volatility for certain materials, and the regional availability for recyclables, the Chula Vista RMDZ efforts will focus their activities on users of plastics, low- grade papers, and glass. ........................................................~ Sown SAN DI[l~l) RMDZ RrJ)[S[C~':lflO.\: Af1Plh:,·\{lO.\i . CI/W;\ \/brA EXPA.\.'S!I1.\ . , ' ~$" /J.-J.'l .._-- --- - ----- --- - ------.... RECYCLABLES COLLECTION SURVEY FOR SAN DIEGO REGION (1995) Material T e 7094.5 . ··BOBO.{) . .... . ..... 181743.2 ..--.....--, .... ..... '.' "'61953.6 . ,. 18430.0 '. Glass , "CRV Clear CRY Amhà' .965304 . .,' ',',.-.' . '. . '.: . ':Other' "Gla8'" .. ,0. ',' , ,.... .' S' . ~.' , . ",",' -'. . . .-' ...-,,',. -' '. ....,; Steel Cans 2926.5 Aluminum Cans 10736.8 Wood 11622.5 . . 10241.4 245689.0 Source: I Love A Oean San Diego County, Inc. Note that efforts to eliminate double- counting were undertaken by staff; however, these figures are based on reported data and may have some limitations. ........................................................~ Slnrnl S:L\< o/u.;u RMDZ RJ:Vt.~lC\·ilnt)'" ApPL.ll:.-I.JI¡).\; . CIlUL\ VhTA EXPA\':;;[O.\' ~ ~J:z.-JÒ In addition, as one of the few remaining areas within the San Diego region with existing industrial properties conducting auto-dismantling activities, Chula Vista RMDZ participants will attempt to attract at least one company that provides auto-disassembly. This type of activity appears to be gaining acceptance as the next evolutionary stage in the industry, while also receiving acceptance from the public in terms of aesthetics and concern for the environment. In fact, in an effort to combine this form of activity with Chula Vista's high-tech economic development goals, RMDZ participants will explore the possibility of attracting electronics and computer disassembly /recycling operations to consume some of the regional "bulky items/ brown goods" wastestream. Additional interim target materials will also include wood, pre- and post-consumer food waste, and green materials. As discussed previously, the City of Chula Vista has been diverting green materials from its collection program to support the growth of Organic Recycling West, an Otay Mesa-based composter. Wood, food, and additional green materials could potentially be con- sumed in future expansions of ORW - Chula Vista's preference - or in the attraction of another firm that could provide additional (although non-competing) composting or remanufacturing capacity. Coordinating Feedstock Acquisition with Other Jurisdictions Chula Vista's RMDZ goals cannot be accomplished without effective coordination with other jurisdictions, either at a San Diego/TIjuana regional level or more broadly (i.e.: Southern California/Baja California Norte). For smaller remanufaeturers, Chula Vista's Conservation Coordinator will provide initial identification of supplemental materials providers, primarily through representation at San Diego Technical Advisory Committee (TAC) meetings. Community Development staff will support these efforts through their contacts at regional jurisdictions that have been identified as potential materials providers. For large-scale consumers of recyclable materials, Chula Vista RMDZ staff will work closely with South San Diego RMDZ participants, North San Diego County RMDZ representatives, and contacts at the CIWMB, California Trade & Commerce Agency, and jurisdictions in the Los Angeles/Orange County regions, as necessary. Although Chula Vista RMDZ staff will offer assistance to all firms attempting to negotiate long- term supplies of regional materials, contractual details and transportation arrangements will be negotiated on a case-by-case basis. It should be noted, however, that Chula Vista and other San Diego RMDZ participants have provided medium- and long-term contracts to local remanufaeturers in the past, and will continue this type of activity as part of their on-going incentive efforts. @~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . }:" S¡'HIlH SA~r On'co RJvfDZ RrpJ:Sh;.\AJ'/O\; ApPLh~:\n(l.\' . C¡'WfA Vr..:;/";\ Exp:\'v':;!O\' -:.1 ~í IJ.. -âl I Potential RMDZ Company Targets As mentioned previously, Chula Vista's RMDZ activities will focus on the selected materials types given below. It should be noted, of course, that other remanufacturing or recycling uses may also be considered, as appropriate to Chula Vista's permitting requirements and community develop- ment goals. The targeted material types and potential end-products include: POTENTIAL RMDZ END-PRODUcrS Plastics plastic flakes & pellets; molded hard containers; plastic components and None film products for maquiladora industry Low-Grade Papen molded paper packaging; fiber mixed board; wall panels; hydromulch; None contaminated compost amendments; Glass pre-sorted & processed cullet; glass tiles; glass aggregate; glasphalt; art Limited glass; sandblasting aggregate Green Materials compost & soil amendments Limited Wood Waste remanufactured pallets; engineered wood products; mulch; compressed Limited fuel logs; Food Waste compost; vermicompost; animal feed None Textiles rags & industrial wipes; toy stuffing; buffing wheels; None Other Materials scrap metals; reusable components; automobiles scrap plastics Limited bulky /brown goods ........................................................~ SounJ SAX Olb;() R!v1DZ RE1.J[:;ll;NATJON ApPLll~ArlU,\' . CllllLA VbfA ExP:P.j~I¡)\' ~f! /J ~$~ 3. MARKETING PLAN Upon redesignation of the South San Diego RMDZ, the Chula Vista RMDZ participants will initiate a three-pronged marketing effort directed toward these targets: Internal-Chula Vista; External-Chula Vista; and San Diego/Southern California Region & Industry: Internal-Chula Vista In order to maximize Chula Vista's RMDZ efforts within the local government structure, RMDZ participants will organize an internal marketing effort through these primary means: · Recycling Displays: Distribution of RMDZ informational materials will be made at city recycling displays, which are located throughout City facilities; · Informational Memo: Community Development staff and the Conservation Coordina- tor will arrange for an internal memo from Chula Vista's City Manager to City staff describing how the RMDZ fits into citýs economic development efforts; and · Coordination Effort with Planning and Finance Departments: RMDZ participants will discuss RMDZ goals and activities with representatives from the City Planning Department (responsible for pennits) and the City Finance Department (responsible for business licenses) in order to improve awareness and to generate additional leads for potential RMDZ companies. These efforts will serve not only to smooth expediting of RMDZ business activities, but will also provide ground-level awareness among City staff. External-Chula Vista The second stage of marketing activities will be focused on the Chula Vista business community and existing recycling-related businesses, but external to the local government organization. These market efforts will be more broad-based in order to generate sufficient awareness among potential RMDZ companies; to reinforce interest among Chula Vista's general business commu- nity regarding the value of recycling and recycled products; and to improve the likelihood of referrals to RMDZ participants. These goals will be accomplished through: · Informational Sheet: A Chula Vista RMDZ informational sheet will be developed that will be included in all appropriate economic development promotional mailings; · Internet Promotion: Inclusion of RMDZ background and contact information on both the Citýs internet site (www.ci.chula-vista.ca.us) and the new Connectury business-referral website being developed jointly with the Chula Vista Chamber of Commerce and the South San Diego County EDC (connectory.sdsu.edu); ...................... ..................................@ SOlJlH S.iN Ðlu;o RlYfDZ RLD[~'ll:\'Antl.\· ApPUCATlt)\" . CUll! A V¡sr:\ EXI'A\'"':'j(}\: '. þ2'1 /:2-- 3 3 ~ --- - - - - -----"----_._----- . - - ---..-..---....-- · Trash Bill Insert A short description of the RMDZ project will be included on a trash bill insert, which will be received by all businesses within the City. A contact number will also be provided; · Targeted Manufacturing Mailing: Using business licensing information from the Citýs Finance Department, Chula Vista's RMDZ Zone Administrator (Community Development) and Conservation Coordinator will develop an informational mailing targeted toward those manufacturers that would be most likely to generate scrap from targeted categories (plastics, papers, wood, etc.), based on SIC (Standard Industry Oassification) codes and employment size; · RMDZ Promotional Brochure: In conjunction with the other South San Diego RMDZ participants (City of San Diego and County of San Diego) a new RMDZ promotional brochure will be developed. This new brochure will describe overall-zone information, as well as highlight the benefits within each jurisdictional component. Chula Vista RMDZ participants will distribute these brochures to the Chula Vista Chamber of Commerce, to other local business development organizations (Border Environmental Commerce Alliance, Southwestern College's Small Business Development & International Trade Center, etc.), and bring the brochures to community development- and conservation-related public events. In addition, Community Development staff and the Conservation Coordinator will provide at least six presentations to community groups during the first six-months after designation to increase general awareness of the South San Diego RMDZ and Chula Vista's participation. San Diego/Southern California Region & Industry Marketing Chula Vista RMDZ and South San Diego RMDZ participants will promote the newly-redesig- nated Zone at economic development, recycling industry, and manufacturing trade shows throughout Southern Cali£onùa. In addition to those marketing activities already planned for by existing RMDZ participants (City of San Diego and County of San Diego), Chula Vista will promote the RMDZ at a minimum of 3-4 additional, large-scale trade shows in the San Diego and Southern Cali£onùa region annually (as mentioned in the Chula Vista RMDZ budget). Other regional and industry marketing activities will include the development of a contact database of recycled product manufacturers, recycling companies, manufacturing and recycling industry trade publications, and economic and community development groups. This database will become the basis of the Chula Vista RMDZ's mailing and faxing of Zone brochures, news releases, Zone updates, and other relevant information. These increased efforts will be a supplement to RMDZ marketing activities of the City of San Diego, the County of San Diego, the San Diego Regional Economic Development Corporation, the Otay Mesa Chamber of Commerce, and the Chula Vista Chamber of Commerce. ........................................................~ SOU71I S,AN Ð1Ü;() RlvfDZ RED[Sl{;\,ATlOI\,I ArpUl~i\J'lUN . C¡'¡WA VrSTA ExP:\\'SIOS /I ;::-3ø- 1)'31 ,- _.~...._-~._._.".._-_.._._--_._._,._- Marketing Awareness & Project Goals The Chula Vista RMDZ marketing efforts are expected to develop a sufficient general awareness of the program to prospective recycled product manufacturing companies - those companies not yet within the City, as well as those companies that could potentially add remanufacturing capacity. Awareness of the program will be tested through two primary methods: tracking the number of information requests, and an informal sUrvey. The number of information requests -- either as a result of direct Chula Vista marketing, or resulting from referrals from other RMDZ participants - will be tracked and reported quarterly by the Chula Vista RMDZ Administrator (based on information provided by the Conservation Coordinator, and other Chula Vista RMDZ participants). The goal for Chula Vista is to generate 40-50 general information requests per month, which will then be screened for prospect follow- up. Also, RMDZ participants will explore the development of a voluntary Recycling & Waste Management survey to be administered by the Finance Department as part of the City's business license application process. This brief survey will measure applicants' knowledge of City recycling goals, awareness of the RMDZ program, and other related issues, with results compilated by the Conservation Coordinator. The goal will be to attain a 10% awareness level among Chula Vista manufacturers after the first year, a 25% awareness level among Chula Vista manufacturers by the end of the second year, and a 50% awareness level among manufacturers by Year 3. Other marketing goals that the Chula Vista RMDZ will attempt to meet include: · Meet with and initially evaluate 15 unscreened prospects in Year 1, and 25 per-year thereafter; · Meet with at least 3 pre-screened and qualified RMDZ prospects in Year 1, and at least 5 per-year thereafter; · Secure at least one RMDZ loan for a new or existing Chula Vista company every two- years begining in Years 2; and · Provide critical support for securing at least 3,000 tons/ year of ~ remanufacturing or recycling processing capacity within the overall South San Diego RMDZ by Year 2, at least 5,000 tons/year by Year 3, and at least 10,000 tons/year by Year 5. ........................................................~ SOUfU SA.\' 01[(;0 RlvfOZ RUJf:~ll:\·An().\' API'UC.A.f[l)\" . CllW.A VhfA [.'\'PAS.c,,/d.\ " - -- fi----ð1 /~-.3.5 -.-.'-- 4. INCENTIVES Chula VIsta's RMDZ is expected to complement the overall South San Diego RMDZ mix of incentives not only through its location and aggressiveness in assisting prospective companies, but also through the following incentives, some of them unique to the City: · Border Environmental Commerce Alliance: Chula VIsta is the headquarters for this innovative business assistance organization and incubator, which provides business counseling and start-up assistance, as well as low-cost office space to environmental and recycling finns; · Employee Recruibnent & Training Assistance: The Chula VIsta Community Development staff works closely with the South County Career Center (located in Chula VIsta) to help companies find qualified employees and provide training services. In addition, Commu- nity Development staff will assist RMDZ companies through the details of the State's Employment Training Panel (ETP) program to provide $1,000-$3,000 per-employee in training program reimbursements; · Permit Streamlining & Expediting: The Citýs "Project Manager" system provides a single point of contact for companies obtaining necessary business or development pennits. Recently; the City Council also approved 25 recommendations that will dramatically simplify and speed the development review process at the local level. For regional and state permits, Chula VIsta is actively affiliated with the San Diego Regional Pennit Assistance Center, this includes filing and pennit assistance services for State agencies (Cal/EPA, Dept. of Toxic Substances Control, Regional Water Quality Control Board, etc.) and County agenices (Air Pollution Control District, Dept. of Environmental Health, etc.); · Redevelopment Areas: Much of the Citýs industrial property lies in designated redevel- opment areas, providing qualified companies access to the City Redevelopment Agency's property tax rebate program, infrastructure improvements, designing & planning assistance, and possible land write-downs; and · State Tax Credits: Chula VIsta Community Development staff will assist prospective RMDZ companies in detennining their eligibility for existing State tax credits for manufacturers (Manufacturer's Investment Tax Credit, Research & Development Tax Credit, etc.). In addition, RMDZ staff will actively assist prospective companies with scoping sessions to identify pennitting requirements, sources of recyclable materials, regional lenders (discussed later), and possible sites within the City for operations. ...... ................ ...... ... ...... ................... @ S\'lllTff SA.\' Dm;o RMDZ R¡-P[:'h:.\'ATION ApPUl~ATl()\' . CHlI/;ì VIS/.-\ ExpA.YS[().\' ' :-.. -A &&-.. /~-.5? .....--.--..--.-..-. .---'.-.-.--...---.-.-----.-..-.^" 5. FINANCIAL SUPPORT There are several financing sources that the Chula Vista RMDZ participants will utilize in assist- ing prospective RMDZ-related companies: · Section lOB-Project Specific Loans: The City of Chula Vista offers a Section 108 Loanf Loan Guarantee program to businesses interested in expanding or relocating to Chula Vista. Terms are negotiated on a case-by-case basis, and are subject to City Council approval and staff-assisted application to the US Department of Housing & Urban Development. Funds may be used for equipment, land andf or buildings; · Industrial Development Bonds: Acting as the Citýs Industrial Development Authority, the City Council can authorize tax exempt industrial development bonds, for lower cost, long-term financing. Bonds may be issued for up to $10 million, with standard eligibility requirements and restrictions; · EmTek Seed Capital Fund: In conjunction with the San Diego Regional Technology Alliance, the Emerging Technologies (or "EmTek") Seed Capital Fund can provide non- bankable "emerging technologý' companies with working capital and equipment financing in the $100,000 to $150,000 range(eligibility requirements and certain restrictions apply); and · SmogBusters: The City offers an incentive for up to $4,000 in rebates to companies that retrofit qualified vehicles to run on compressed natural gas or electricity. In addition, Chula Vista RMDZ participants will also act as a referral to other conventional lenders and alternative financing options, including: · Conventional Lenders: More than 10 banks andf or branches currently operate in Chula Vista, in addition to the dozens of other banks in the surrounding communities. Many of these banks work closely with the CDC Small Business Finance Corporation to package SBA and other small business loans, as well as to provide business finance counseling (letter of support from this organization included in Appendices). · Alternative Financing Options: Other options available to prospective RMDZ companies will include Acci6n San Diego (provides micro loans from $300 to $25,0(0), Bankers Small Business CDC (provides micro loans from $5,000 to $25,(00), the California Capital Access Program (CalCAP), and export financing programs (such as California Export Finance Office) if applicable. The above sources of potential financing are, of course, in addition to the State's RMDZ Revolving Loan fund, which will be heavily marketed by the Chula Vista RMDZ participants. ........................................................~ SOllTH SAN Dl£t;() RMDZ Rr.D¡:qC\'ATlON ApPuc:J,.f{o.\! - C/-IW..4 VISTA EXPANS/O?\' . . ~ 1;l-37 - - .___.....__.."_._ 0.. ........-.-..------. 6. EXISTING & PLANNED INFRASTRUcruRE Although a more detailed description of the City follows later in Section III, the expansion of the South San Diego RMDZ to include Chula Vista would encompass a well-developed city of ap- proximately 50 square-miles in size, and with a population of over 153,000. Although many parcels of relatively-undeveloped property still exist, much of the industrial property within the city is already supplied with basic infrastructure requirements. Planning for infrastructure in undeveloped areas is part of the Citýs long-term growth strategy, and is, in fact, required in the Citý s development approval process. Other infrastructure issues of note follow. Waste Management Collection & Disposal As described earlier, the City of Chula Vista disposes of over 110,000 tons-per-year, primarily at Otay Landfill (located within the Citýs boundaries). Otay Landfill is estimated to have approxi- mately 18 million cubic yards of remaining capacity, enough to remain in operation for over 30 more years. The landfill is currently owned and operated by Allied Waste Industries, which also operates several other major landfills in the region. In addition to providing services for the Citýs recycling collection programs (described in Section II - Feedstock Analysis), Pacific Waste Systems (a subsidiary of Allied Waste Industries) also provides solid waste collection under franchise with the City. Pacific collects household trash and recyclables, as well as commercial waste. The Citýs Conservation Coordinator also manages a variety of other waste management and recycling programs, including community recycling education efforts, source reduction educa- tion, office recycling programs, and home composting. It is the Conservation Coordinator's responsibility to implement the Citýs SRRE and to meet the 50% diversion goal in 2000 (the City currently estimates its diversion at approximately 4O%). See map of regional non-disposal facilities (page 22) for more information. Water Supply The City of Chula Vista is provided water through two local water districts: the Otay Water District (OWD) and the South Bay Irrigation District/Sweetwater Authority. Both of these agencies are members of the San Diego County Water Authority, the water retailing agency for the entire San Diego region. Approximately 90% of the water supplied to the San Diego region (and, thus, the two water districts) comes originally from the Colorado River. This water is transported and distributed to the San Diego County Water Authority (SDCWA) by the Metropolitan Water District of Southern California, with the SDCWA then distributing the water to its member agencies throughout the San Diego region (see map, page 25). In 1989, the SDCWA initiated capital improvement projects (since completed) that have expanded water delivery systems (aquaducts, piping, etc.) to meet expected water demands through the ........................................................~ SOUTH S"\N Ðlf.t;o RMDZ R¡-:{J[::;/C\:ATlO.,\: ApPl [l>ITI¡')X . CUUl.A VbL-I EXJ1A,VS[();\, -' - ~ /).~Jð year 2010. In addition, both the SDCWA and the two water districts covering Chula Vista (Otay and South Bay) have also initiated their own water conservation and reclamation projects that are further expected to extend the system's capacity. Otay Water District, in particular, is working closely with the City of San Diego Metropolitan Waste Water Department (MWWD) to identify industrial and commercial uses of 5 million gallons/ day of reclaimed water that will become available upon completion of the South Bay Water Reclamation Facility adjacent to Chula Vista in 2000. In addition, two reservoirs (operated by the two water districts) are located adjacent to the pro- posed RMDZ expansion area: Sweetwater Reservoir, and the Upper & Lower Otay reservoirs. Sewage Collection & Treatment The City of San Diego's Metropolitan Waste Water Department (MWWD) operates as the regional waste water collection and treatment agency. All sewage in the South Bay (including Chula Vista) is collected by the South Metro Interceptor, which has traditionally transported the waste to the City of San Diego Point Lorna Treatment plant. Although the capacity of the South Metro Inter- ceptor is nearly met, the addition of the South Bay Water Reclamation Facility in 2000 will reduce capacity concerns for many years. An additional sewage treatment facility is planned for the South Bay in the late-2010's. Power & Gas Infrastructure for power and gas have historically been managed by San Diego Gas & Electric, the regional power company in San Diego. Infrastructure for most industrial areas in Chula Vista is in-place for both power and gas, although some undeveloped areas may require additional improvements. Transportation Infrastructure Transportation infrastructure is highly developed throughout the San Diego region, with several major freeways (1-5, 1-805, 1-15, and 1-8) providing direct access north to the Los Angeles region, northeast to the Riverside/San Bernadino counties, east to Arizona, and south to TIjuana, Mexico. Chula Vista is conveniently situated with intersections of both 1-5 and 1-805, allowing companies to ship products and materials quickly north or south. A new interstate, 1-905, was awarded additional funding from the US Congress in May 1998, allowing for an additional north-south route to develop in the next 5-10 years. Other freeways (such as SR-54) and well-developed street infrastructure (as can be seen on the Chula Vista street map, page31) provide excellent transportation logistics for Chula Vista-based companies. Finally, nearby rail access and seaport access (limited, at this time) provide other options for transporting products, materials, and people. For more information, see maps of regional freeway system and rail lines on pages 23 and 24. ........................................................~ SOWll So'\.\' 0/[\;0 RMDZ RU1[s[t:\:\T10;V ApPI.1L~.{n()~' . CllllLA Vbl'.-\ EXP:J,SS!d;\' .. 11 ~ /,2.~.s1 MAP 2: NON-DISPOSAL FACILITIES IN SAN DIEGO COUNTY "'-< c." ~~ ,. q.~ 00 I V E R S I D E C 0 U N T Y Co - "' Valley Center .. .. m '1 o..lIn. win. '" " 0- / > '" r / " 0 0 " 0 m c: '7 N z ~ ® -< Alpine -< LEGEND . MRF JomuI Boul."ard 0 Recyding Facility 81ml\ 0 Junction 0 .. 0 Transfer Stations or 0 Camp. Jacumba Rural Container Stations CHUlA VISTA IMPERIAL BEACH I:] Organl. Rlcy.llng Tecal. I:] Composting Facility Wilt I C 0 .. E " Tijuana ---- MAP SOURCE: COUNIY OF SAN DIEGO, INTEGRATED WASTE MANAGEMENT PLAN (1996) £1.... 'k~ ........................ ... ....... ....!....... eo- ......... \> ~,:~ SOUrEr SAX Dnco R.\JDZ Rí.fli.~ltSA¡I().\' l\PP/.IC.1.iI¡).\ . CilULt \/hTA EXjJilS::"l¡)¡'~'f<~f ~/.2-'iÕ MAP 3: EXISTING FREEWAYS & MAJOR HIGHWAYS 0..... County Rlnrslde County Como ......... v*yc- OcøcIIoW.,. ....... EndnU.. c.nør By ThI 8M ...... ...... .....'" - Sol.... Bøch ...... - 0...... ¡Q AgwClllnl.SpltngI ..... - .... "'-"- eo_ , ......"'" - SAN DIEGO REGION .. .. .. Future Routes , , . . , " . , "'LES ~ San Dt<¡D u.s.A. ASSOCIATION OF MEXICO GOVERNMENTS "" MAP SOURCE: COUN1Y OF SAN DIEGO, INTEGRATED WASTE MANAGEMENT PLAN (1996) ORIGINAL SOURCE: SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) t*) ........................................................ ,-J SdllTH S.-i.\" DŒGO RA¡lDZ Rr.l'[::,ft:XAJlOX ApPl,ICATI()S . CrHn.'l VISI.1 EXPA.\'S[()X ' ~ ~ /;-'1 MAP 4: EXISTING RAIL LINES Cemp Pendleton &cond!do EnclnUn Solln.Bllch D.IMu EXISTING RAIL LINES - Rail Line . Major Yard Facility I . Q 3 , , Mn.ES ~S&n Diego ASSOCIATION OF GOVERNMENTS MAP SOURCE: COUNTY OF SAN DIEGO, INTEGRATED WASTE MANAGEMENT PLAN (1996) ORIGINAL SOURCE: SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1f!:J::t\ Sown SAN' DI£W RMDZ RU1/:SIO"flO\; A I'l'l ICATln' . OWLA VISfA EXPA'SION \V ~ /J,-IfJ-- .....--.... .....-- MAP 5: MAJOR WATER TRANSMISSION & STORAGE FACILITIES RIVERSIDE COUNTY SAN DIEGO COUNTY lAKE HENSHA:t SUTHERLAN 1r I I N A N'E><'== MAP SOURCE: SAN DIEGO COUN1Y WATER AUTHORITY, WATER RESOURCES PLAN (1997) ,~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . ~-~-~ SdUTH S,'ì.\' Dl1.cu R/dDZ Rl.L1L')¡,;\,.4.JIO\' A.PPUC-iTf¡l\ . Cl-lUL-I Vr~L\ EXP-,"S'cK)!\:,,'C¡..1 ~ M~if:5 - _._-,_.,-~._---_.".,_._.."--"" 7. AVAILABLE PROPERTIES & BUILDINGS Chula Vista's Community Development Department works closely with local industrial real estate brokers to find the most optimal space for companies looking to do business within the city. Most small- and large-sized industrial lots and buildings are, in fact, promoted through a City industrial property listing, "Set Your Sites on Chula Vista", which is updated approximately quar- terly. A partial listing of available industrial property and buildings within the expanded area of the RMDZ (covering all of Chula Vista) follows: Property Size(s) Zoning 640 Arizona Street 20,000 ft2 IL 650 Arizona Street 20,000-22,000 ft2 IL 780 Bay Blvd. 115,041 ft2 ILP Bayview Commerce Center (1011-1161 Bay Blvd.) 1,500-1,600 ft' IL Beyer Road & Faivre Street 2.47 acres ILP 110 & 130 Beyer 1.74 acres ILP Brandywine Industrial Center (1675 Brandywine) 7,869-14,160 ft2 I Britannia Business Center (675-!\79 Anita St.) 105,600 ft' (divisible) I 2391 Boswell Road 6,720 ft' IL Commerce Plaza One (925 Hale Place) 980-32,717 ft' ILP 750 Design Court 8,640 ft2 IL 2512 Faivre Street 1.9 acres ILP 2391 Fenton Street 90,000 ft2 PCI 1480 Frontage Road 26,136 ft2 IL 1-5 & Palomar Street 1.09 acres I Industrial Blvd. & Moss Street .75 acres ILP 666 L Street 112,160 ft2 IL lincoln Hilltop Bus. Center (3800 Main Street) 1,200-1,500 ft2 I 2865 Main Street 7,020 ft' ILP 676 Moss Street 18,800 ft2 I Otay Valley Indust. Park (730 Design Ct.) 42 777 ft2 I , Rancho Anita Industrial Park (767 Anita St.) 2,400-22,800 ft2 I Rancho Anito Industrial Park (1616 Industrial Blvd) 39,000 ft2 I Sweetwater Bus. Park (280 Trousdale Dr.) 5,320 ft2 IL Southrail Business Park (several bays avail.) 1,639-28,382 ft2 IL 2243 Verus Street 7,800 ft' I LEGEND: 1= GENERAL INDUSTRIAL; IL=LIGHT INDUSTRIAL; lLP=LrM1TED INDUSTRIAL-PRECISE PLAN; PCI=PLANNED COMMUNITY INDUSTRIAL 0000000000000000000000000000000000000000000000000000 0 0 0 O@ 501-11 Il 5:\\' Dlr,;() RA'fDZ R1PI:.";Il;\'.J,TJO\ Appr [CAlÎe).\ . C!JUl.\ VL.;r\ Exp.\\',c.:¡¡ )\- , ' , ;.~~ ~ I J. ~tjt( 8. RECYCLING-BASED BUSINESSES WITHIN CHULA VISTA Most recycling-based businesses that are currently in Chula Vista are involved in collection and processing of recyclable materials, not in remanufacturing. The one notable exception is San Diego Pallets, the region's largest remanufacturer of reusable wooden pallets. Chula Vista's RMDZ efforts, however, will not be limited to the attraction of new remanufacturing capacity. Efforts will also include sustaining the appropriate placement of recycling collectionf sorting operations, as well as identifying existing and potential remanufacturing capacity among Chula Vista companies. Chula Vista RMDZ activities will initially: focus on determining interest from firms like San Diego Pallets in expanding their operations (in compliance with facility and regulatory require- ments); identifying additional options to add-value by existing recycling collectionf processing operations (such as exploring new options for processing equipment by 50S Metals, for example); and determining if existing non-recycled product manufacturers might have the ability and interest in adding processing andf or remanufacturing capacity. Recycling-based businesses within Chula Vista include: 676 Moss Street Pallet San Diego Pallets 619-426-1441 remanufacturer / recycler 50S Metals 635 Anita Road Industrial metal 619-628-1242 scrap & alloys 881 Energy Way Rubbish & Pacific Waste Systems Recycling 619-421-9400 Collection Paul Brown South Bay 149 Reed Court Buy-Back 619-425-7197 Center/Processor ...... ..... .... .... ........ ....... .... ........ .......... @ SUUU¡ SA.\' Dlf.,;() RlvlOZ Ri-!)! ,,,1\;\,.\1 jdS Ap¡JII\.:.~IïI)\; . CIIUI.A VI..;r:-\. EXPA.\;".,¡d\' - - - _ fr41 /~ - '15 ....-,--------.--- -.--- --_..~---~._.._~ -- PHYSICAL DESCRIPTION & CHARACTERISTICS OF RMDZ's EXPANDED AREA ........................................................... SOUTH SAN DJ[G(] RMDZ RWI.5IG.\ATfON APPLICATION' CHurA VISTA EXPANSION ~ /cJ-J16 III. GENERAL DESCRIPTION OF RMDZ .... .~~~~~~~~~ ~~~~~I~!!~~.:::. ~.~~I!: ~I~!~ Chula Vista is San Diego County's second-largest city, and the twenty-first largest in California; with a population of approximately 153,000, and an annual population growth of over 2%. Lo- cated mid-way between downtown San Diego and the US/Mexico border, Chula Vista was incorporated in 1911. In 1997, the city expanded significantly, annexing unincorporated eastern lands that increased the city's size by over 42% to a total of approximately 50 square-miles. It is estimated that this expansion will accomodate an additional 70,000 residents over the next 20- years, bringing the City's total population to 220,000. The city's aggressive, pioneering attitude is reflected in both it's population - with an average age of only 32.6 years - and its forward-looking community- and economic development plans. Much of Chula Vista's development will occur in master planned communities, which, over the next 10-30 years, will balance urban planning for housing, commercial and industrial develop- ment. The master-planning concept and a new Growth Management Plan are expected to lead to a higher quality of life for the city's residents, as well as smooth the process for industrial and commercial development. Chula Vista's commitment to its residents has also included a commitment to supporting the environment. Apart from citywide recycling services, the city has promoted many environmental activities, including its efforts as a founding force in the creation of an environmental business incubator, called the Border Environmental Commerce Alliance (BECA); the creation of educa- tional guides about greenhouse gases; the designation of over 5,000 acres in the newly annexed area (called "Otay Ranch") to remain as "open space"; and the support of a nature center located within Sweetwater March National Wildlife Refuge, one of the few remaining salt water marsh habitats on the Pacific coast. Although the environment is still a strong component of Chula Vista's long-range planning efforts, the support of commeråal and industrial goals is also viewed as critical to a balanced community. Currently, over 1,200 acres of the city are zoned and developed for industrial activities, with more industrial land expected to be added as the master planned communities are developed. Commercial and industrial activity is represented by over 6,000 Chula Vista businesses, approximately 190 of which are manufacturers, concentrated in the apparel/textile, lumber/wood, printing, and electronics industries. Other pro-business activities Chula Vista has undertaken have been the targeting of certain industries for the city's economic development efforts, including biotechnology, high-technology, environmental technology, and maquiladora suppliers; a 1992 task force that led to business- friendly changes in the city's permitting processes; supporting the development of the San Diego Workforce Partnership's "one-stop" workforce recruitment facility (called the South County Career Center); and the creation of the region's first telecommuter center. ........................................................~ St,)UIH SA.\' Dlh;O RMDZ RUJE_";Il;\AflON ApPLKArJ¡1\, . CIlULI VIS{:-\. EXPA.?\'~It).\ , ' . .A~ /,:¿-ql PARTNERSHIP WITH OTHER SOUTH SAN DIEGO RMDZ JURISDICTIONS Before describing the proposed relationship of Chula VIsta to the other members of the South San Diego RMDZ, it may be useful to provide a general description of the existing RMDZ efforts: Two jurisdictions currently make up the membership of the South San Diego RMDZ - the City of San Diego, and the County of San Diego. The area designated for the Zone includes the City of San Diego's Otay Mesa industrial community, and the unincorporated East Otay Mesa Specific Plan Area. These two communities include a total of approximately 6,300 acres zoned for indus- trial activity; however, most industrial development currently occurs within the City of San Diego, due to existing infrastructure in that area. Some of the area's major employers include Sanyo, Casio, Honeywell, Maxell, Hitachi, Howard Leight, Trend Plastics, and California Leather Goods. Major recycling companies in the South San Diego RMDZ include Cactus Recycling, a local processor of metals, plastics and paper; and Organic Recycling West, a manufacturer of compost products. Generally, employment is concen- trated in mid- to large-sized companies due to the significant investment that is often required to develop property in Otay Mesa. Existing incentives in the City of San Diego's portion of the RMDZ include a state-designated Enterprise Zone, with its resulting tax credit programs; a federally-designated Foreign Trade Zone, providing US Customs duty-benefits for import! export related firms; and expedited permit processing through the City of San Diego's Development Services Department. (hula Vista's Area of Focus within the South San Diego RMDZ Chula VIsta is expected to provide a synergistic partnership with the existing RMDZ members through the proximity of its industrial properties to Otay Mesa; its existing economic develop- ment targeting of environmental businesses; its close partnership with the Border Environmental Commerce Alliance's environmental business incubator and business assistance center; and the orientation of its infrastructure toward small- and mid-sized businesses. Chula VIsta may, in fact, act as an "incubator" of recycled product manufacturers, some of which might eventually find the incentives provided by the Otay Mesa Enterprise Zone (also within the South SD RMDZ) useful, while remaining within the region to absorb local recyclables. Chula Vista's participation in the South San Diego RMDZ will also act to broaden the program's support and activities within the San Diego region. This may result in better regional recycling and market development planning efforts, since many smaller cities have strong affiliations with Chula Vista. ... ..... .......... ...... ....... ..... ............. ....... @ SOWll 5.'I.\f DJrt;¡) R.MDZ RrPL.";[l;\'ArJO;\,; AjJPlk~:-I.rr()\: . C/-IW:'t VbTA EXPA,\'S!¡)\- - 11--=-44... /.;l-J/ g - -.--.. .-.--..-'''------...--.. .-"-.--..-..--~~. -.----- General Description ofTarget Industrial Areas within (hula Vista As mentioned previously, Chula Vista currently has over 1,200 acres of industrially-zoned land, much of which is already built-out. Of particular note are the following general industrial areas in South Chula Vista that will likely be targeted for RMDZ activities: . Southwest Redevelopment PrQiect Area Industrial Corridor: Along Main Street and between the 1-5 and 1-805 freeways, this 300-acre corridor is targeted for light industrial development; and . Qtö\y Valley Road Industrial Corridor: Part of the Otay Valley Road redevelopment project, this 400-acre area will target light industrial, warehousing, and distribution facilities. Other major industrial properties exist within the City of Chula Vista, including the 291-acre Bayfront Industrial area, providing sufficient flexibility for prospective recycled product manufac- turers to identify suitable facilities. The Citý s Community Development will assist firms in identifying appropriate Chula Vista properties. Maps of New Jurisdiction Several maps of Chula Vista are provided on the next two pages showing the citýs general location in relation to other cities in the San Diego region; an overall street map of the jurisdiction; and a map showing Chula Vista's agricultural and industrially-zoned areas that are appropriate for RMDZ businesses. @, ........................................................' SOUTH S..t\' Dllù') RMDZ RU)L5I(:\-':¡T!n¡\, Aup! k'.4/"l¡J\' . CIlUl.A VI...;rA EXP:\\'.':;¡(1\' _ - - . 'I ,,,¡ S- / f ¡;:{ _~ 9 I - ~ I .. ~ I I <f !~~lIIo~ r ~I ¡I'~~ , , f ~/ , ¡¡tç~ ! , ,\ I ~ I , , ¡ > \ . , ~ , " E . E \ .Ie 0 "- 't U "- \ þ ,,~ , ~£ §~ ., .- "" .si' a:.E 0 iJ , . ~æ , s , ~ ;;ii: H .,i .; ~'~ ~~~~ " ". .' .~ .ª..c: 5'" "' [j~ I , B '¡ij ¡ :; ',5 o . _ 0 l ~ , ~ 0:= ~ "'." _",,,,,,, ~ 'fl~' , --',- \ ~c~;\ ~\. <J Q) c: 0 N (t '¡: '" ... 1;) <J - :;¡ ~-c :; c: ..c:.- U-C Õ c: > (t ~ üro '- :;¡ ~ :;¡ u '¡: :i ~ þ# , ...J //{-,5d I --r' , . . .- , , j ...- MAP 6: CHULA VISTA -- REGIONAL VIEW MAP 7: CHULA VISTA -- STREET LEVEL VIEW N A '0 .... ~'GO ,. '" UMlllIIc;O aGROE" ..... ...... ...... .......... .............................@ S¡ Him S.'\.\' Dlfl;O Rlv1DZ RI,111.....;It;V41 !(l\ API'.Il'.-\//().\' . CIlUl.-' Vhl.-\ EXJ':\\'~II)\: --;4-47 /;;' ~5 I n'_______ . :!\EGA TIVE DECLARA no\" PROTECT :\_bJ;{.E: Recycjj¡¡g Ma:i:~: D~velopme;¡; Zone Reiesignation PROJECT LOCATION: Cit)'wiàe ASSESSOR'S Pl,.RCEL NO.: Nlf. PROJECT ..lJ'PLICAJ\ï: CÍry of Chulc. \/îs:é. c.~.,:,t: NO: ~5-99- ] DATE: Oc!Obe~ 3~ ~ 998 .~"... A. Proiect S~tting Tne proposed expansion of the Re:ycling 1v'...a:Jæt Developm..."1I! Zone (RMDZ) would aàd all of th~ ~..i!Ory wit:illn the corporate boundaries of the CITy of Chula \'jsta to the existing South San Diego RMDZ tlrrough redesignarion of the existing Zone. B. Proiect D~scriDtion Tne Re...--y::ling Market Development Zone is 2. state loan pTogram designation to encourage new and existing businesses to use pOSt-consumer recycled content. California legislation created the Recycling Market DeveJopment Zone (RMDZ) program to provide incentives to businesses that use seconda.)' materials ITom tht v..-asŒ: stream 2S feedstock for manufa.."'IIL-ing, and th~refore to àiven solià waste material ITom th~ State's landfIlls. The legislation allows existing Zones to b~ expanàed upon """T1imous cons~nt by the Zone' s parmers. San Di~go County has two Zones, inclu(;;n.:: the South San Diego RMDZ ISSDRMDZ) aàiacem to the boràer which is SDonsored rl\' th~ City of San Diego and the '~ .o'", <- County. Tne proposed project woulå amend that zone !C' 6cluàe the Ci1y of Chula \'15!2.. Unàer the RMDZ pro~am, quailiying companies can appjy for below =ket, [¡xed rate and long term loans for up to 50% of the project's cost, not-tc~xceeà $1 million. Loan proc~ds can be useà for working capital, real property and equipm:m and refinan::ing of current àebt acquisition (loans must be fully collateralized). Qualifying companies include those which proàuce 2. re::ycled-content, value-added proàuct, or othe!"\1.-ise increase å-"IDand for materials that are normally disposed of in 2. sanitary landf1ll. All companies requiring significant new power suppJy and creating new jobs wit:illn aD RMDZ are 2150 eligible to receive àiscounrs on urili~' rates. C. COffiDatibilitv with Zonim' and Plans The proposeà project would provide economic incentive to use recycJed materials and would nor conflict with any City zoning or planning. rA ,,/y Pag: 1 /..<~ .5;?- __.__._._~___ ___.____._'._ "___n_ D Jdenrifi:z:i:m of Envimnmema1 Effects An in.i::.i s8dy condu:!::è by the City of Cn:;;;, Vista (in:iuding the at'.ached Environmen;¡,i Checìjis: ;:Dnn) àe!.t::nined ù1at the pm?Dsed project wil! DOi: have a significam enviro=::¡¡¡a] effect, and the preparation of an Enviro=ntal Impa::! Report will not be required. Tnis NegaTIve Declaration has be~ prepared in accordance with Section 15070 of the 5= CEQA Guiåelines. Tne :Inffia} Smdy identiñed that no significant environmental impacts would result from project implementaTIon. 0= Mitie:arim: œcessa.rv w avoid si!!tlificam effects .-."... Tne proposed project will not result any significant or potemially sigIrif¡cant environmental impacts, th..--refore, no project speciñc miti~"tion is be required. F. Consuharion 1. lruiividuals and Or!!anizariODS Crry of Chula Vista.: Joe Monaco, Co=unity Development Cheryl Dye, Co=unity Development Michael Meacham, CODServarion CoorållJator 2. Documents Chula Vista General Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code 3. initial Smdv Tnis enviro=ntaI deœI1tJ.illation is based on the anached Initial Smdy, any co=eDtS received on the Initial Smdy and any co=enrs received during the public review period for this Negative D>...claration. The report reflects the independent judgement of the City of Chula Vista. Further informarion regariling the environmental review of this project is available from the Chula Vista Planning Deparnnent, 276 Fourth Avenue, Chula Vista, CA 91910. ~ J sephMonaco, .tJCP Environmental Projects Manager ~ Page 2 / J, ,.3..3 Case No. IS-99-11 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: City of Chula Vista 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth A venue Chula Vista, CA 91910 (619) 691-5122 3. Address and Phone Number of Proponent: Same as above 4. Name of Proposal: Recycling Market Development Zone Redesignation 5. Date of Checklist: October 30, 1998 ~ /.:l-.:5"q Pagel -_.._--_..~..- Poteatia11y POlntWly Si(llifiaool Len th.n Sipific.ut Unleu Sillnifiunl N. IIII~d MitiJ"rd Imp.ct Imp.cl L LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or 0 0 0 [8 zoning? b) Conflict with applicable environmental plans or D D D 181 policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., D D D 181 impacts to soils or farmlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of D D D 181 an established community (including a low- income or minority community)? Comments: The project is an extension of a geographic designation for economic incentives to companies that use recycled materials as feedstock for manufacturing, The project does not change zoning, land use patterns or planning, and therefore, no impacts to land use or planning would result. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local D D D 181 population projections? b) Induce substantial growth in an area either D D D 181 directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable D D D 181 housing? Comments: As the project would not result in any physical development, the project does not have the capacity to affect population distributions, housing or future growth. ill. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in D D D 181 geologic substructures? b) Disruptions, displacements, compaction or D D D 181 overcovering of the soil? c) Change in topography or ground surface relief D D D 181 features? d) The destruction, covering or modification of D D D 181 any unique geologic or physical features? e) Any increase in wind or water erosion of soils, D D D 181 either on or off the site? II Sf 4:l-.s5 Page 2 - Potentially P01_tiaIIy SignHicanf Leu tll.n Sipilicallt Unl". Sipilicanl No J.paCI Mitii!aled Impact Impact f) Changes in deposition or erosion of beach 0 0 0 181 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 0 0 181 hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: As the project would not result in any physical development, the project does not have the capacity to have any geophysical effects. IV. WATER Would the proposal result in: a) Changes in absorption rates, drainage patterns, 0 0 0 181 or 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 0 0 0 181 of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 181 water body? e) Changes in currents, or the course of direction 0 0 0 181 of water movements, in either marine or fresh waters? f) 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 0 0 0 181 groundwater? h) Impacts to groundwater quality? 0 0 0 181 i) Alterations to the course· or flow of flood 0 0 0 181 waters? j) Substantial reduction in the amount of water 0 0 0 181 otherwise available for public water supplies? Comments: As the project would not result in any physical development, the project does not have the capacity to affect any water resources. V. Am QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 0 0 181 an existing or projected air quality violation? A $~ /~ -56 Page 3 Pote..ti.Uy Pou.tially Si...llicaal Letstban Sipifacut Ullleu Sigllinant N. IDlpact Mitigated Impact Imp.~1 b) Expose sensitive receptors to pollutants? 0 0 0 181 c) Alter air movement, moisture, or temperature, 0 0 0 181 or 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 0 0 0 181 non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: As the project would not result in any physical development, it does not have the capacity to affect air quality. VI. TRANSPORTATION/CmCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 0 181 b) Hazards to safety from design features (e.g., 0 0 0 181 sharp curves or dangerous intersections) or incompatible uses (e.g., fann equipment)? c) Inadequate emergency access or access to 0 0 0 181 nearhy uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 181 e) Hazards or harriers for pedestrians or bicyclists? 0 0 0 181 f) Conflicts with adopted policies supporting 0 0 0 181 alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 181 h) A "large project" under the Congestion 0 0 0 181 Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: As the project would not result in any physical development, the project does not have the capacity to result in any significant traffic impacts. vn. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of 0 0 0 181 concern or species that are candidates for listing? b) Locally designated species (e.g., heritage trees)? 0 0 0 181 A -.s-'- /';-57 Page 4 Potentially Potntially Sipiiiaat Las tban Sipificaat Unl.... Sianlfi.::_al N, JDlpa.::t Milia_led Imp..::t Impact C) Locally designated natural communities (e.g, 0 0 0 rg¡ oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 rg¡ pool)? e) Wildlife dispersal or migration corridors? 0 0 0 rg¡ f) Affect regional habitat preservation planning 0 0 0 rg¡ efforts? Comments: As the project would not result in any physical development, it does not have the capacity to result in any significant biological effects. VIII. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 0 0 rg¡ plans? b) Use non-renewable resources in a wasteful and 0 0 0 rg¡ inefficient manner? c) If the site is designated for mineral resource 0 0 0 rg¡ protection, will this project impact this protection? Comments: Approval of the project may result in some businesses in the city to receive discounted energy rates. However, it is not expected that this would result in a net increase in energy consumption, particularly since the preparation of recycled materials for feedstock generally requires less energy than preparation of virgin materials. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 0 rg¡ hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 rg¡ response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 rg¡ health hazard? d) Exposure of people to existing sources of 0 0 0 rg¡ potential health hazards? e) Increased fire hazard in areas with flammable 0 0 0 rg¡ brush, grass, or trees? Comments: The scope and nature of the project would not have the capacity to result in such impacts. X. NOISE. Would the proposal result in: A-..;J¢ I.:{ - 5~ Page 5 Polentillly POINü.ny Sicailio:.at Ln.th.a Sipmo:...t Unl_ Signmclnl N. Im_ MiliClted hnplct Impact a) Increases in existing noise levels? 0 0 0 181 b) Exposure of people to severe noise levels? 0 0 0 181 Comments: The scope and nature of the project would not have the capacity to result in any significant noise impacts. XL 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? 0 0 0 181 b) Police protection? 0 0 0 181 c) Schools? 0 0 0 181 d) Maintenance of public facilities, including 0 0 0 181 roads? e) Other governmental services? 0 0 0 181 Comments: The project does not involve any modification in uses or development that would result in any significant impacts to public services. xn. Thresholds. Will the proposal adversely impact the 0 0 0 181 City's Threshold Standards? City Threshold Standards are not applicable to this project. Impacts related to actual development of the project area have been analyzed in previous environmental documentation. xm. 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 0 181 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 0 181 f) Solid waste disposal? 0 0 0 181 Comments: The project does not propose any modification in use or development that would result in significant impacts to utilities and services. /! ~~ /d -,59 Page Ó _....._...__.. M ... .____.~__,_____ Potl!lItlaI/y Polam.lly Sicllmant Leu than Sipiricallt Ullleu Significant " hllpllct Mitigated ImJHId Impact XIV. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the 0 0 0 I2J 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 0 0 0 I2J scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 I2J d) Create added light or glare sources that could 0 0 0 I2J 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) Produce an additional amount of spill light? 0 0 0 I2J Comments: The project would not result in any changes to design guidelines or requirements that could result in any significant environmental impact. XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or 0 0 0 I2J the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or 0 0 0 I2J aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a 0 0 0 I2J physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or 0 0 0 I2J sacred uses within the potential impact area? e) Is the area identified on the City's General Plan 0 0 0 I2J EIR as an area of high potential for archeological resources? Comments: As the project would not result in any physical development, it does not have the capacity to affect archeological resources. XVL PALEONTOLOGICAL RESOURCES. Will the 0 0 0 I2J proposal resuIt in the alteration of or the destruction of paleontological resoúrces? Comments: As the project would not result in any physical development, it does not have the capacity to affect paleontological resources. þSfØ /.:l-~c> Page I Potentially Pot_tiaDy Si,nUic:llot Le.. than Sipir.uat Unleal Significant N. 1__ Mitit:ated Impact Impact XVTI. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 181 regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 181 c) Interfere with recreation parks & recreation 0 0 0 181 plans or programs? Comments: The project would not change demand for recreational facilities or opportunities. xvrn. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade 0 0 0 181 the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The scope and nature of the project would not have the capacity to result in any such impacts. b) Does the project have the potential to achieve 0 0 0 181 short-tenn, to the disadvantage of long-tenn, environmental goals? Comments: The scope and nature of the project would not have the capacity to result in any such impacts. c) Does the project have impacts that are 0 0 0 181 individually 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: The scope and nature of the project would not have the capacity to result in any such impacts. d) Does the project have environmental effect 0 0 0 181 which will cause substantial adverse effects on human beings, either directly or indirectly? ,A-57 /~-C/ Page H Potentially PoteatiaJly Sipifiullt La. tbao SipirtalDt Vnle.. SipUiClRt N. Im,.ct Mitigated Impact Impact Comments: The scope and nature of the project would not have the capacity to result in any such impacts, ~ /.:? -~ 2-- Page ~ EI\iVmONMENTAL FAC'1ùRS 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. o Land Use and Planning o TransponationlCirculation o Public Services o Population and Housing o Biological Resources o Utilities and Service Systems o Geophysical o Energy and Mineral Resources o Aesthetics o Water o Hazards o Cultural Resources o Air Quality o Noise o Recreation o Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: I fmd that the proposed project COULD NOT have a significant effect on the environment, and . a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, 0 there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a signifiCJl11t effect on the environment, and an 0 ENVIRONMENTAL IMPACT REPORT is required. I fmd that the proposed project MAY have a significant effect(s) on the environment, but at least 0 one effect: 1) 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 IMP ACT REPORT is required, but it must analyze only the effects that remain to be addressed. Jctzc~ 1()/~j/9ð Date Environmental Projects Manager ,4 59 /.,;/ -&.3 Page 10 --"--- .____.'__W'·_ --..-. -~ \ CHULA VISTA PLANNING & WASTE MANAGEMENT DOCUMENTS 11 bO /~-" L( ........................................................... SOUTH SA.\¡' DIEGO &\1DZ R£DESIGNATION APPUCA.TION . CHULA VISTA EXPANSION ---------.---....-----...-...-- . V. PLANNING & WASTE MANAGEMENT DOCUMENTS FOR (HULA VISTA ............................................. The proposed Chula Vista RMDZ has been developed in accordance with the City's and with the region's waste management, economic development, and planning documents: Waste Management Both the Chula Vista SRRE (1991) and the regional Integrated Waste Management Plan (1996) discuss the importance of recycling market development and the development of a South San Diego RMDZ to include the City of Chula Vista. Within the SRRE, reference is made to "attract- ing recycling finns to the South Baý' (p.ES-3), "[t]he city will also provide market development assistance" (p.ES-3), and "..,[e]ncouraging industrial and construction waste recyclers to locate in Chula Vista" through market development efforts (p.4-2). These market development activities are a selected medium-tenn program within the City of Chula Vista's SRRE. Within the County of San Diego Integrated Waste Management Plan, the Countywide Market Develapment Programs section specifically states that "[t]he County and the City of San Diego are working with the City of Chula Vista to expand this zone [the South San Diego RMDZ] to include the City of Chula Vista" (p.27). Economic Development As stated previously (p.3), the City of Chula Vista's Community Development Department mission statement specifically calls for the targeting of several industries in its economic develop- ment goals, including "enviro-tech", or environmental technology companies. Please refer to page 3 of this application for more details about the City of Chula Vista economic development goals. Planning Section III, General Description of RMDZ Expansion Jurisdiction -- Chula Vista, includes a map detailing the existing zoning and land use for manufacturing! industrial development and agricultural uses (including composting) within the City. Detennination of specific business development sites is subject to the pennitting regulations that exist within the City for each companýs industrial activity and the underlying zoning for each specific site. Thus, all develop- ment and permitting projects are or have been, subject to CEQA review either as a specific project or through the adoption of the City's zoning code regulations. A '" /'?-h5 @ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S()UTlI SAN Dlfco RMDZ R¡':Pf.'i1t;V4rJON ApPUC.-\lllJ."" . CHUlA V,....1A Ex.p"~\'..,I¡).\: - ----~.- - ---------- ^"-""-,..,_.. ~) ApPENDICES ;4-62- /~-,{, ........................................................... SOUTH SAN DIEGO RMDl RWESIGNATION APPLICATION. CHULA VI5T.4 EXP.4NSION .-..---------------------.--.-..--,.. ApPENDICES .......... 1. EXISTING RMDZ & CHULA VISTA PROMOTIONAL MATERIALS 2. OTHER RELEVANT PROMOTIONAL MATERIALS 3. ADDITIONAL LETTERS OF SUPPORT II~· /.;2-b 7 @ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . StJUJïI S.-\.\; Ollt;(1 R/\llDZ RI.J1/..;lt:.\41/U\ AI'['Ut".4IïU.\ . ClIlI/..I VI.";¡,-\ E.\p-\.\',,,,;/u,\- -" ---.....----. - .._--_._-_.,---,.._".._,,_.._------_.,----------~.- ;#:/~ - ~1\It-4 - g~o I I c ..~ \ gi!-4 "m" m~ ~O I " CJ \ - ~Z ~ -., ;; -< Z ,. Q 1: .0 ,. " i' .' '" 0 ~ct· I '" Z (J') ;; :I> z 0 - . , . ......... , , , ! I . ' I =_::0.00'" I DïiI m "'t:J )( ~ ¡¡¡ 0 "'0 :: 0 :::J '" <C '" en C- O C') c :r - c :r en ¡¡;- 0> < :::J ¡;¡ C - ¡;;" 0> <C m 0 )( "'0 ;%J E! ;;: ¡;¡ C õ' N :::J /I-I J\ I I J·U..nMI::I'III I I ~, ; SOUTH SAN DIEGO · · ~ RECYCLING MARKET · ~ DEVELOPMENT ZONE · · · · · · · ; REDESIGNATION · ; ApPLICATION ~~~~~" ..~~~!~~~'""\"~~.~~~ Le~fî;~f¡ttfi~~._~{f£'~~ .#"'t.",.~.-,..:.¡<,;~-,., -."""~;..>¡.; ~ðFR·~=·~::t~~.O'",..~·....,.,....:¡.,:tß-- J.,>.p......-;,~'j¡~-:~ -.,= -=-"'-._'>'~ _.- ·EP-· .'R:ED.' ,... '" ' .¥--o",""", ~., .¿;"'f:~' ....."?"c'..,.....'~.~. _..,'§j-.- . ",..'-." . 1,::1."'· ."" ...~~::-:,.~.."~..,. ~~~~'$~~~~ ". . . 1'1. _ '. :r. ,_~~.,~~;.;¡~ ...,~~".,",...~J:.-!'~. .J' -"",~~_,,'~.':;>1c,~ '~'~í~~tr~~~· . ~. ~tt1~;; ~l~;;qt~ OF CHUTIA VIST'A ,{~t.i~,; <~.;J._~~.-£1..1-;'I Eft -,;.,~A:- ...~._"..~.~,.,~,..:¡" {ì'''''; a~~~~··~~;'j·,:;~.:f _ ~~__'" t-~ ...,.~~,.~;" -ý~"'~ . .k"W> ...".,,~ .,,'~ ~~\. - .. - . .~ ~~~~JlIN PARTNER;· HIP WITH .@ ~~~~~~:~' .&1.i4:~~.t¡~. i;!.fff~:! ,r,;.\ "'~. .---..,~.;";'".~"'''', C.S·.-.1!15. c__ '!D". .. ._ ..:"'.'.'..:'.'~..~~. #,*!f"i~"'~~:ri:rrn ITY OE "î.i-~1i-'F.'" ITPGO ",:"i~"< ~'\~";~iJ.:-.nJ:i:: '- rt:-,-~ ru~:7 ~ _ ~~rttt':~ ~tlt¥~~k\~#~~'tI,l~t~fl_'~~iJ'>~ ~~'ði:c'i;'i~c~'¡A.. ~fl,.;;¡~A¡~· . ..". .. ~~'*,~i~- ~h~:tt~~fl,i;;.~ ~..'_".'~~-~'. .... ;:~~~:P;'Ç;B&:t: *If."8;~THE··:''"· COT TlI..rfu'j·~~fi~~nIE~'nbO ~~~~~a~:' . Ul'" .l¢#iv~~~~~: ~. _ø,,-. t;.._t~:~ji,,~~,:, -::'~''''~'''V;'ff.'''È:.''"'''!1".~",~~,,,~.18'*-'-.'''''._"''''<''''''~':/<; ~Ð'~"'¡; ~ ~,,<:!i"'. '. ~,J~~\£r~:g;!~.~"j_L~~~ ~'\"J¿~~ .£.""- '""~..,. ·.~~;;..;"....~w~~~- ç¡~~~i._. #{~Äft,;:,'~~~~~~\f~~1l.. $____',...~"~.:~~".~~"~' ...¥..~"'m~. ~,}¡~~5::-.~'''''~~~~,~~'¿-.-:~ I:~~~ !!;:; ,_Þ;)~'~. '.....~ - ··.~~~&f~?f~A~f~~~~~ ~~tíJCATION ~~~!@P~õ'1Jjb~~~~cr_åVìi¡~~ - CR~~~~rtBuSINESS ASSOCIATES (~ËGO, CA) 1i::i!f:;:~---';':'"~,·<'-¥'···_-·¿"!:'.. ¡: ~fJ'ft "l~.$§t~~ ~~-'- /I-d- ---- -~--..._"'--------- --..---"..-,-.- TABLE OF CONTENTS . . . . . . . . . . . . . . . . . EXECUTIVE SUMMARY LETTER FROM ZONE ADMINISTRATOR......... ...... ...... ... ... 1 GENERAL INFORMATION ... ...... ...... ... ... ... ... ...... ... ... ... 2 Contact Person Mission Statement Resolutions Initial Letters of Support MARKET DEVELOPMENT PLAN......... ........................ ... 4 Administration & Budget.......... .............. ......... ............. ........... 4 Feedstock Analysis............................ .................... .................. 9 Marketing Plan................... .............. ......... ........................... IS Incentives......... ...... .... ...... ....... .... ...... ... ... ...... ... ... ............... 18 Financial Support............ ...... ............ ....................... .............. 19 Existing & Planned Infrastructure... ...... ...... ............ ...... ...... ...... 20 Available Properties & Buildings. ........ ................ ........ ...... ......... 26 Recycling-Based Businesses within Chula Vista.............................. 27 GENERAL DESCRIPTION OF RMDZ EXPANSION JURISDlCTION-- CHULA VISTA... ...... ...... ............... ...... 28 Partnership with Other South San Diego RMDZ Jurisdictions............... 29 Maps of Chula Vista.................. ...... ............ .................. ........... 31 CEQA COMPLIANCE......... ...... ...... ... ... ... ... ... ... ...... ... 32 PLANNING & WASTE MANAGEMENT DOCUMENTS FOR CHULA VISTA... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 33 ApPENDICES /1-.3 ,-" EXECUTIVE SUMMARY - '--,,' ........................................................... SOUTH SAX DIEGO Rlv!DZ RWESIGNAnON APPLICATION . CHUL4 VIST.4 EXPANSIO'· /!- '-I EXECUTIVE SUMMARY . . .................. In partnership with the City of San Diego and the County of San Diego, the City of Chula Vista proposes to join the South San Diego Recycling Market Development Zone (RMDZ) through a redesignation of the existing Zone. The newly expanded Zone would then combine the economic development and waste management goals of the three jurisdictions to create a strong mix of incentives for new recycled product manufacturing in the region. The South San Diego RMDZ was designated originally in 1992, with the City of San Diego pro- viding Zone Administration. Market development activities focused on the Otay Mesa region of the City of San Diego and the County of San Diego, along the industrially-zoned US-Mexico border area. The proposed redesignation area - the entire City of Chula Vista - is contiguous with the Zone, and is expected to increase its attraction to recycled product manufacturers through these primary means: · Chula Vista's close partnership with the Border Environmental Cooperation Alliance (BECA) environmental business incubator, headquartered in Chula Vista; · Well-developed infrastructure and recyclable materials supply sources that are oriented toward small- and mid-sized industrial activities; · Available industrial property and incentives within Chula Vista redevelopment areas; and · Chula Vista's committment to the promotion of environmental businesses. Chula Vista is San Diego County's second-largest city (after San Diego), with a population of over 153,000 and approximately 50 square miles in area. Approximately 1,200 acres are zoned for industrial activities, and 190 manufacturers currently operate within the City. These resources, combined with the City's agressive recycling and waste reduction efforts, should provide an excellent foundation for recycling market development activities. The proposed Chula Vista RMDZ activities will be administered by the Community Development Department, in close working consultation with the city's Conservation Coordinator. A Chula Vista RMDZ Coordinating Group will be formalized to include partnering agencies and organiza- tions, such as the Planning Department, the Regional Economic Development Corporation, BECA, the Chula Vista Chamber of Commerce, and the Southwestern College's Small Business Development & International Trade Center. The Chula Vista RMDZ Administrator and the Conservation Coordinator will also work closely with the South San Diego RMDZ Coordinating Group to promote recycling market activities within the entire zone area, and to exchange infor- mation. /1-5" The Chula Vista RMDZ budget allocation for these efforts is currently projected to be over -.. $37,000. With these resources, Chula Vista will target the expansion of existing recycled product capacity within the City (through existing manufacturers) and the afuaction of new firms. Targeted material types will include plastics, low-grade papers, and glass. Chula Vista's Conservation Coordinator will also coordinate feedstock identification from other jurisdictions to help support Chula Vista's RMDZ efforts. The addition of Chula Vista to the South San Diego RMDZ will provide additional staff and financial support to the City of SanDiego and the County of San Diego RMDZ efforts. Com- bined, Chula Vista intends to playa strong role in securing at least 3,000 tons!year of new remanufacturing or recycling processing capacity by Year 2 after redesignation; at least 5,000 tons! year by Year 3; and at least 10,000 tons! year by Year 5. /1-0 --, GENERAL INFORMATION ........................................................... SOUTH SAX DIEGO RMDZ R£DESIGXATION APPLICATION . CHUL4 VISTA EXPANSION A- 7 LETTER FROM ZONE ADMINISTRATOR (CITY OF SD) . ... ............ ............ ....... ........... ...... ..... @ S¡')U1H S.·t\' Orr.cn RlvfDZ RH1r:~I(;X;\T{O{l,' ApPI.b..>IT[O.\' . CmIl.'\ Vb"L-I EXl'A:YS[()X'. .; ¡l-(j . I. GENERAL INFORMATION ........................ The General lnfarmation section includes a letter of transmission from the South San Diego RMDZ Administrator, contact infonnation, the expanded South San Diego RMDZ Mission Statement, as well as primary letters of support. 1.B. CONTACT PERSON The contact person for the redesignation process is also a contact person for the new jurisdiction, Chula Vista. During the application process, the primary contact at Chula Vista will be the Conservation Coordinator for the City. After redesignation, the primary contact will be from the Community Development Department, although the Conservation Coordinator will remain a secondary Chula Vista contact. Additional questions can also be directed to the South San Diego RMDZ Administrator, currently managed by the City of San Diego Environmental Services Department: Primary Contacts: Michael Meacham, Conservation Coordinator City of Chula Vista, City Manager's Office 276 Fourth Avenue, Chula Vista CA 91910 ph: 619-691-5122 fax: 619-585-56U Cheryl Dye, Economic Development Manager City of Chula Vista, Cotnmunity Development Department 276 Fourth Avenue, Chula Vista CA 91910 ph: 619-691-5047 fax: 619-476-5310 Secondary Contact Sharon Brown, Recycling Specialist! RMDZ Administrator City of San Diego, Environmental Services Department 9601 Ridgehaven Ct., Ste. 320, San Diego CA 92123 ph: 619-492-5085 fax: 619-492-5089 1.e. MISSION STATEMENT Both the City of San Diego and the County of San Diego have adopted clear statements promot- ing the development of regional recycling markets, including activities outlined in the San Diego SRRE, legislative policy guidelines, and internal recycling market development goals. One such statement, adopted in 1994, supports "economic and environmental policies that encourage the development of environmentally-compatible industries that promote a sustainable use of U.S. and global resources, such as recycling, remanufacturing..." and other environmental industries (source: Sustainable Develapment Policy Guidelines). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ .~ SUUfH SA¡\, Dl£l;ù RMDZ Rr:/)[Sll;,\I.4.TIUN AI'Pl.lL".4.fltJN . Cl/UL..J, VIS"/:4 EXPANSldN ~ -V /1-9 The City of Chula Vista has also adopted innovative economic development goals. The current Chula Vista mission statement for economic development activities is "[to] creatively plan and facilitate physical improvements, economic development, and social benefits which enhance the quality of life for all people in the Chula Vista community." To achieve this mission, the City has targeted several industries for future industrial growth: import/ export, maquiladora suppliers, high-tech, bio-tech, and enviro-tech. The last, enviro-tech, refers to the broad environmental industry category that includes companies involved with alternative energy, conservation, hazardous and solid waste management, and environmental instrumentation and equipment. In order to promote these companies, the City of Chula Vista coordinated the successful application for federal funding to create an environmental business incubator and assistance center, the Border Enviroi1.mental Commerce Alliance (BECA), which is now home to over 15 small, environmental companies. In addition to the City of Chula's general environmental business targeting, specific recycling market development goals were adopted in the Chula Vista SRRE, including: · The promotion of recycled product purchasing by both the City and local businesses; and · The attraction of manufacturing businesses to Chula Vista and the South San Diego Bay that use recyclable materials as feedstock. Chula Vista RMDZ Mission Statement Reflecting the above goals previously adopted by the City of San Diego, the County of San Diego and the City of Chula Vista, the mission for Chula Vista's RMDZ efforts will be to prlJOide incen- tives to persuade existing mtlnufacturers to use recycled-content; to identify apportunities for retrofitting mtlnufacturing processes to accomodate the use of recycled-content inputs; to create jobs through the attraction and expansion of recycled product mtlnufacturers and col/ectWn infrastructure; and to support community and commercial recycling programs through the increased value and demand for recyclables through mtlrket development and buy-recycled efforts. . @ · . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SllUTlf S:\N OIl.CO RMDZ Rrvr.:;l~;\·.-\'l[O\· AJlPUC-\.fIOS . C'/-IUL-I. VhfA Ext'.-\.\'S/O\'" f ' /1-10 SAN DIEGO REGIONAL ECONOrvllC DEVELOPÌ\II':NT CORPORATION .-. ä January 23, 1998 !~I.\ Michael Meacham \~W Conservation Coordinator City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Meacham: The San Diego Regional Economic Development Corporation fully supports the City of Chula Vista's application for the creation of a Recycling Market Development Zone within the city. As an indication of support we are willing to · Provide assistance and support to Chula Vista's Community Development 401 B STREET Department and those companies considering locating within Chula Vista's · RMDZ SUITE 1100 · Refer those clients ofEDC that have an interest and will benefit by locating ~N DIEGO operations within Chula Vista's RMDZ · CA 92101 · Collaborate with the other economic development entities in the City of · Chula Vista to market the RMDZ (tel) 619.234.8484 · · Meet with Chula Vista's Community Development staff on a regular basis ((ax) 619.234.193S in order to discuss any issues relative to the clients of the RMDZ, marketing efforts, and strategies which fully utilize the benefits of the RMDZ Our organization understands both the value of expanding markets for the region's recycling programs, and increased efforts to promote economic development. We are pleased to offer our assistance for the Recycling Market Development Zone, and look forward to the expansion of this program into the City of Chula Vista. Please do not hesitate to contact me if you require further irifonnation. ~ðt· Mi, M'i~Wrig~ President & CEO cc: Mayor Shirley Horton /1-1/ : I \", I ~ " '. : j i I ~,': Nr>ltJltJ'.' In qr¡>nQrhrtJ San Dip!!lJ'S fp,!!Îon,1/ p.cllnnm.v Parlially funded b.v the City. Port and Coun¡y of San Diego. .- .-- . ~..._-_..-.....- SMALL BUSINESS FINANCE CORP January 26, 1998 Michael Meacham Conservation Coordinator City of Chula Vista 276 Fourth Ave. Chula Vista, Ca. 91910 Dear Mr. Meacham: I fully support the City of Chula Vista's application for the creation of a Recycling Development Zone within the city. As an indication ofthis support, I am willing to give presentations on the potential for financing opportunities for businesses in the city of Chula Vista, Our organization understands both the value of expanding markets for the region's recycling programs, and increased efforts to promote economic development. I am pleased to offer my assistance for the Recycling Market Development Zone and look forward to continued economic development in the area. Sincerely, Q ~ Ken Rosenthal Sr. Commercial Loan Officer . A-/~ UiAl lVill~1\ Chamber of Commerce - Celebnlllll!: Tell Yetlr1" afSenillK tile Mesu /9R7·/997 '997 Jard of Din:ctors ùlTicers Ptr:nJt~1 January 6,1998 Rl.:iOU$ RP~I \b~n.1l H~,.r.lhr., fi'J¡\íurrrIiJt~r Michael Meacham SlCveGmss Conservation Coordinator Bor&rTrtdeSc,\1':~ S«OM Ha p"fiÙ~J City of Chula Vista .kxLukcs ¡'hlSu~hil¡Tclc'-¡i('l\C~any 276 Fourth Avenue TmZJ;/rtf Chula Vista, CA 91910 InGershow Andrew &. Williamson S1Itl.lnc. Ú«".¡Jil,tÐirwor Dear Mr. Meacham: l...1urecSahbl Directors RcchdteBoId Otay Mesa Chamber of Commerce fully supports the City of Chula Vista's San Dic!o Rt!W Ewnomic Del'. Corp KellvBun application for the creation of a Recycling Market Development Zone within the T~IFI!SIRtllEsu:eSt!...itt1.1nc. city. As an indication of our support, we are willing to AIUlFosltr San~ ~ortb Aft:ia S~Grcil1Cr * Introduction the prospective companies to other companies already located Gn:ir¡tIBmkcf'¡.!nc. Urr.'PJ~son on the, Mesa. HCllr:}"WcU.lnc. Su:vcPonu PtlnerD1\;sim'('itdclotl:l1UIion.t!.lnc. * Highlight benefits of Recycling Zone in OT A Y ACTION Newsletter. ~bn Sumpcl AT&T KCIIITnmblc * Distribute written material to Otay Mesa Chamber members regarding the II¡0JCc:~signCOl\SulunlS Municl\\ílliUI'CI Zone. Ho...¡rduighllndaMes General Counsel . Host an informational breakfast regarding details of the Zone ~bnA{!ue hOCOpl~. Cor:-. H¡rgfUVCS &. SI\'IICh President's Circle Our organization understands both the value of expanding markets for the region's AT&T recycling programs, and increased efforts to promote economic development. We BrO\lollFiddA\11UOOPlflL.LC. ClfeDcsignCll1!M! are pleased to offer our assistance for the Recycling Market Development Zone, C¡Jifomi¡ TrwpcxuLiœ Vtntllm 'Coopers &: l)-brml LLP. and look forward to the expansion of this program into the City ofChula Vista Hiuchi Home Electronics Am:rica, Inc. Please do not hesitate to contact me if you require further information Hmcy....clLlnc HQlVard l.ci~ht lndu1llics InetDc Me~jCOllnct 'W¡IIcTrud.:in,Co Sinc~ely Uurr!g¡lnte!:W100J1 Cunorm BroI;m. Inc. 01' , """""¡,, Td",,,,,, Co. ' b;, MÒI11hnRe¡II... \t,~¡nlCnuth'lIIlITI:1deScrvices ." ! /¡ ."" ",,""".. c..", ¡~ I: t! -21/1'_____ 'PlcficBell i ,/ ?;¡¡Ui,"K..U~~.\E I Lauree S hba P:lllk~Cons1.l'U';¡10/\ a f'nrlCrO!lul(lrJCu,ie!ntem¡Üonal.lnc Executive Director 'l':':xqIlO. Cor:. Hll!rtNS &. Sal'itch '¡{,~I Rwh RPM.\lalmJJHalII!::¡¡~ ''\.lIIDlc!"G.i..I& Ei~Clt" SIn DIC,o PaJr~\ 'SJ¡¡yn~nnh:\rro:nc¡ ·'.'¡~1u' 1":",·:-:. ~~'I~m., rClUrdFII~1 P.(lJ EJiUoIC Ser''Iccs.lne "ll/m.r\/,·",r,·" Office ,.1 ~'cml'!' '.,.¡ ~.",1. ~Ult~ I! 1·.:\k..':\C·' . :', ~I, i'- j " , '·,X '.I ~ ~.¡ 7H A-/3 (~) Jefferson Smurfit Corporation Smurnt Recycling Company Telephone (619) 268-3533 4033 Ruffin Road Fax (619) 268-4943 San Diego, CA 92123 January 6, 1998 Michael Meacham Conservation Coordinator City of Chula Vista 276 Fourth Ave. Chula Vista, Ca. 91910 Dear Mr. Meacham: Smurfit Recycling Company, a post-consumer processor of waste paper, aluminum, glass and plastic, fully supports the expansion of the South San Diego RMDZ to include Chula Vista. Furthermore, as an indication of our support we are willing to provide recycled materials as feedstock to new or expanding businesses locating in the proposed RMDZ. The following materials handled and/or processed by our company have the potential to be consumed locally by RMDZ area end-users: Newspaper 2500 tons per month Corrugated 2000 tons per month Mixed Paper 300 tons per month White Ledger 100 tons per month Office Waste 100 tons per month Hard White 60 tons per month Glass 100 tons per month Plastic 20 tons per monch Aluminum Cans 100 tons per month Our commitment to supply these materials to RMDZ consumers lS contingent, of course, on prevailing market prices for the specific materials. /1-11 January 29,1998 Mr. Michael Meacham Conservation Coordinator City'of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Letter of Support for City of Chula Vista Dear Mr. Meacham: Organic Recycling West, Inc. (ORW) is pleased to support the City off Chula Vista (City) in its pursuit to expand the existing Recycling Market t Development Zone (RMDZ). As a composting/horticultural product t supply company located in the City of San Diego's RMDZ, ORW has first-- hand knowledge of the program's benefits to participating businessess and the community. As the City of Chula Vista's contracted green waste processor, and a.l firm that has worked closely with the City for the past four years, we":. have been impressed with its progressive, comprehensive and welI":- managed recycling program. Furthermore, the City recognizes the importance of developing end-product markets, and has actually gone out of its way to help ORW with its marketing efforts. The success of recycling and recycled end-product markets in the southern region of San Diego County could benefit fròm an RMD22 expanded to include Chula Vista. The energy and level off committment Chula Vista has given to the task of achieving AB93S9 goals has been exceptional. We feel sure the City will dedicate an equail amount of energy to the RMDZ program. With an expanded RMDZ, ORW looks forward to expanded markets for composted green waste and other recycled end-products, an increase in·. recycling options for the region, and an improved public image for the composting and recycling industry. I am available @ (619) 585-9909 to discuss this correspondence in further detail. S~tL Rich Flammer Organic Recycling West, Inc. A-IS Cactus Recycling, Inc. Telephone : (619) .66/·/2SéB3 /703 Cactus Road. Fax San Diego. CA 92173 {619} 661-128'35 F.ebruary 16, 1998 . Mr. Ken¡) Morris Crossborder B II siness Assaciates PO Bax 90127 . , San DiegQ, CA 92169-0127 .. I , Dear Mr. MQrris: Cactus Recycling, Inc a past - industriaVcommercial processor .of recyclable materials, fully .~upparts the establishment or'a Recycling Market Developm~nt Z-one in the Chula Vista a:-ea. . . Furthermore, as IUl indicatian .of .our support, we are Willing ta provid" recyded materials as , feed.stQck tQ new or expanding businesses lacating in the prap.osed R.J.\1DZ. , . The foll.owing materials handled and/or processed by ?ur campany have the 'pote~tial t.o be consumed ¡ocal1y by RDMZ area end-users: ' · f err'aus Metal 350 tQns/month . · Cardboard 1,[20 tons/month - · Plastic 180 tons/month · . EFS Foam 6S 'tÖns/month · Also Na:1ferrQus. paper, glass, & waad Our cammitment t.o supply these m¡¡terials ta RDMZ cansumers is cantingent, .of caurse, an prevailing ~arket prices far the specific materials. . Since expanding 'markets are vital ta the cantinued growth .of the recycling industry as a whale and ta secQndary matérials pracessors in pa,rticular, we laak farward ta ,the successful. ., establishment QfRDMZ'in Chula Vista. , . Edward Fitch III President Cactus Recycling. Ine - EF/vlg. ·Il-/to . "_, ,.,,~ ...C....I("I ,::-. >r."¡:~ ..-........ MARKET DEVELOPMENT· PLAN ........................................................... SOUTH SAN DIEGO RA1DZ REDESIGNATION APPLICATION . CHULA VISTA EXPANSION ,A -/7 II. MARKET DEVELOPMENT PLAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The expansion of the existing South San Diego RMDZ to include the City of Chula Vista will complement the region's overall recycling market development efforts by utilizing the City's advantages as a leader in promoting environmental businesses and policies; its industrial infrastructure which tends to promote small- and mid-sized operations; its on-going recycling operations, including City-wide recycling services; and its aggressive economic development networks. 1. ADMINISTRATION & BUDGET The South San Diego RMDZ was established in 1992 as a partnership between the City of San Diego and the County of San Diego, with the City of San Diego Environmental Services Depart- ment providing admininstration and coordination of recycling market development activities. Most funding for RMDZ projects has been in the form of dedicated staff time from the City of San Diego Environmental Services Department, the City of San Diego Economic Development Services, the County of San Diego Public Works Department, and partner economic de.velopment groups such as the Otay Mesa Chamber of Commerce and the San Diego Regional Economic Development Corporation. It is estimated that over $30,000 has been spent on promotional materials, trade shows, mailings, recycling market studies, and other RMDZ activities since establishment of the South San Diego RMDZ. The addition of Chula Vista to the South San Diego RMDZ will be accomplished administratively in the following manner: · The Chula Vista Community Development Department (COD) and the City's Conservation Coordinator (CC) will work jointly on RMDZ projects, with the COD acting as the RMDZ Coordinator and the CC providing marketing and recycling technical assistance; · The COD will work with the CC to jointly develop RMDZ promotional materials, identify RMDZ prospects for retention andf or attraction, and marketing of the Zone. In addition, the CC will assist the CDO in evaluations and technical information for prospective RMDZ companies, and in educating other Chula Vista departments (Planning, Finance, etc.) regarding the need for recycling market development activities; · The COD and CC will develop a coordinating group to maximize RMDZ efforts within the City of Chula Vista. The group will be made up of partnering organizations andf or agencies important for City economic development efforts or general business assistance. Invited members will include the Planning Department, the Border Environmental Commerce Alliance (BECA), Southwestern College's Small Business Development Center, and the Chula Vista Chamber of Commerce, among others; and ...... ......... ... ...... .......... ......................@ Suum SA.V Dil-\;O RMDZ RU.JL.;/t.;:-.!A.TI( );\i Apl-'LKA1Ï\ );\; . CHurA V¡Sl:.-1 EXPA.\,:.;/tJ:\ -, ;1-/1 · Both the CDD and the CC will meet quarterly (at a minimum) with other members of the ........ South San Diego RMDZ to discuss on-going activities, joint marketing efforts, legislative activities, RMDZ prospects, RMDZ loan applications, and other relevant recycling market development issues. Chula Vista's Community Development Department will provide Zone Administration for the City of Chula Vista. Responsibilities will include preparation of an annual report on RMDZ activities for the South SD RMDZ Administrator (currently, Sharon Brown of the City of San Diego Environmental Services Department), tracking and follow-up of qualified RMDZ business prospects, oversight in development of Chula Vista RMDZ promotional materials, submission of initial RMDZ loan information to South SD RMDZ Administrator, and coordination of marketing activities. Chula Vista's Conservation Coordinator will provide the Chula Vista RMDZ Administrator with recycling company leads, technical assistance in RMDZ business evaluations, assistance with development of promotional materials, and updates on relevant CIWMB or general waste management! recycling legislation and! or trends. Importantly, the Conservation Coordinator will also provide leadership at the regional Technical Advisory Committee (TAC) to use regional feedstocks to attract new businesses and identify existing users of recyclable materials, as will as develop information on sources of feedstock materials. Both the Community Development Department and the Conservation Coordinator will invite other City agencies and relevant business assistance orgaIÙzations to form an advisory; Chula Vista RMDZ Coordinating Group. Although this group will not have direct administrative activities, it will act to educate other agencies! groups about recycling market development needs; facilitate expedited processing of necessary permits; and provide non-City support to prospective RMDZ compaIÙes. The group many include representation from the City of Chula Vista Planning and Finance departments, the Chula Vista Chamber of Commerce, the Border Environmental Commerce Alliance, and Southwestern College's Small Business Development Center. The Chula Vista RMDZ Coordinating Group will meet quarterly to discuss the Citýs RMDZ business attraction and! or marketing efforts, or as frequently as needed to work with specific RMDZ businesses to expedite their expansion efforts. Please see Chart I, "Existing & Expanded &\IDZ Participants", p.6. Upon redesignation of the South San Diego RMDZ, Chula Vista will meet at least quarterly with the other major participants in the Zone program. There will, however, be more frequent interac- tion among individual participants in the initial stages of Zone expansion, as well as during joint marketing efforts and discussions with specific RMDZ business prospects. Please see Chart 2, "Expanded RMDZ GeneTal Participants", p.6. A discussion of specific individuals and orgaIÙzations participating with the RMDZ follows on page 7. .0.00..0..0.00..00.00.00000.00.00000000000.00000000. 0 o.o@ Sl)lfT'l1 SAX DIfDO RMDZ Rrllc.";¡(';I\'ATlt)X Al-'Pl.ll:Al'Jd:\, . CHur.4. VI.~T:\ EXPA,VSIO.\" " /J -/1 - ~-- . CHART 1 -- EXISTING & EXPANDED RMDZ PARTNERS -"- ............................................ City of San Diego County of San Diego Economic Development Public Works Services Department RMDZ Partner South SD RMDZ Administration Organizations (Chamb.rs, ....... City of San Diego Environmental Econ. Dev. Groups. etc.) Services Department -------- -----.------- 1---- --- I--~~---- Expanded City of Chula Vista 1 City of Chula Vista 1 1 1 1 I RMDZ ,Community I'" ., Conservation I Participants I _ D~v:o,:m:t~e~" _ I .1_ _ :oo~~:'t: _ _ I (Chula Vista) + .. . r - - - _t - - -~.. r - - - -.- - - - .. I City of Chula Vista , I New RMDZ Partner I I Other Agencies I I Organizations (S.W. I 1 (planning. Finance. etc.), I College SBDC. etc.) I --------- --------- CHART 2 -- EXPANDED RMDZ GENERAL PARTICIPANTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Activities Partner Organizations ..... .......... ....... .............. ... ...... ... ........ ~ S"UTlI S.,s O/L,:" RMOZ Rf.VI..iIGN.,nnN ApI'/ I,:Mkl.\ . ClILlLA VI"" f""\\'hl.\ ,=.1 /l-~D Additional Assistance from Specific Individuals & Organizations Upon redesignation, the South San Diego RMDZ will include new partners from the City of Chula Vista, including representatives from the primary agencies involved with RMDZ activities: the Community Development Department and the City's Conservation Coordinator. The Me 2- individuals that will be key contacts from these agencies are: · · Cheryl Dye, Economic Development Manager (619-691-5047) · Michael Meacham, Conservation Coordinator (619-691-5122) In addition to the representatives from the City, however, the Chula Vista RMDZ will also de- velop a coordinating group that will include these organizations and individuals: Border Environmental Commerce Alliance: The purpose of this organization is to create and retain jobs in the environmental technology industry by providing a point for environmental technology transfer; by providing business counseling services to environmental companies; and by offering incubator space for start-up finns at the BECA facility. Larry O'Donnell, Business Incubator Manager, will be the primary contact at BECA (619-498-4967). Chula Vista Chamber of Commerce: The Chamber will assist the City RMDZ efforts in identifying new, potential RMDZ companies, as well as provide a source of infonnation for general business activities throughout the City. The primary contact will be Rod Davis (619-420-6602). San Diego Regional Economic Development Corporation: Although already part of the existing coordinating group for the overall RMDZ, the Regional EDC will be invited to participate with Chula Vista RMDZ efforts when potential RMDZ companies are involved with large investment activities, or if substantial employment impacts will occur. Southwestern College Small Business Development & International Trade Center: The SBDITC will provide additional business counseling services to small and start-up RMDZ companies, as well as market research and business plan development assistance. In addition, the SBDITC will provide the coordinating group with leads for potential RMDZ companies. The primary contact will be either Ken Clark or Victor Castillo (619-482-6391). ........................................................~ SOUTIT S,-l:V 01[\;11 RMDZ REV£S/(';NAf/O'N ApPUc.\TlON . CHtlL4 VI~T.-I. EXP¡\NSION ,A-c21 (hula Vista RMDZ Budget Allocations The following is the proposed annual budget for the Chula Vista Recycling Market Development Zone. Figures include existing budgeted items and in-kind support from the Conservation Coordinator (within the City Manager's Office), and the Community Development Department; as well as supplemental funding that will be obtained following Zone designation: Human Resources Conservation Coordinator (20% FrE) $15,000 Community ¡Economic Development Spec. (10% FrE) General Postage, Printing & Promotional Expenses $5,000 Telephone, Fax $500 Existing Displays and Promotional Support Materials $3,500 Office & Storage Space, Oerical Support $7,000 Printing, Binding & Advertising Including RMDZ information in existing brochures and! or $5,000 conhibuting to the development & printing of regional brochure Postage Target mailings for workshops, RMDZ promotion among existing $500 businesses or new end-users of targeted post~nsumer materials Promotional Expenses Graplùcs and other materials for display or advertising at trade shows $500 and economic development-related events Transportation Expenses Funding to include Community Development staff in key recycling $500 trade shows Other Commodities and Supplies Office supplies, meeting supplies and miscellaneous expenses for local $300 workshop. and other forms of promoting the RMDZ among existing & potential businesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .@ SUUTlJ 5A.\I DJfl;O RMDZ R¡·:V¡".~lc~An¡),\i ApPI.h.:.4.flv?\ . CUlIL-1. Vb/A EXP.-\":-i\.),\ · :\1' ¡:¡ -,2.2.. 2. FEEDSTOCK ANALYSIS -, The City of Chula Vista currently disposes of more than 110,000 tons-per-year - approximately 5.7% of the County total- at regional landfills. The primary landfill used is adjacent to the City, Otay Landfill, wlùch received more than 350,000 tons of trash in FY'97 (please see the fol107.IJÌng page, "Landfill General Locations in San Diego County", for a map of regional landfills ). The City's most recent Inerts & waste characterization Construction (1992) indicated the Cardboard Yard & Wood Newspaper following rough Waste Mixed Paper composition: HG Ledger Of particular note Glass were the lùgh yard Plastics and wood waste compo- Metal Cans nents, and the relatively large amount of plastics and Textiles, papers. Since the study, the Organics & City of Chula Vista has been very Other aggressive in recycling of yard and wood wastes. In fact, Chula Vista not only collects the green materials, but the City has also been an important contributor to the success of one South San Diego RMDZ company, Organic Recycling West, by providing a substantial portion of that composting companýs feedstock, and by promot- ing the company through messages on waste bill inserts. FY'97 collection of green materials resulted in the following diversions: FY'97 Av. Monthly Yard waste Program Tonnage Tonnage Residential 11,958.9 996.6 Commercial* 1,137.8 103.4 Roll-Off" 1,220.2 110.9 All of the above materials were processed by Organic Recycling West for compost, wlùch makes it less likely that Chula Vista would target the attraction of other green materials composting operations. However, the Chula Vista RMDZ efforts will not only focus on retention and attrac- tion activities, but also on the promotion of recycled products, including compost derived from its own yardwaste collection program. In addition to its yardwaste collection programs, Chula Vista also implemented citywide curbside recycling service for its 30,000+ single-family residential households. The City has also initiated centralized container recycling services for multi-family households at over ~ ~. .i.. 1%-", ~ ,""'''1 ......................................................··~w- SOUTH SAN DIEGO RMDZ REDESIGNATION APPLICATION . CHUlA VISTA EXPA"SION f . /1- :2-3 MAp 1: LANDFILL GENERAL LOCATIONS IN SAN DIEGO COUNTY ~... c>'" ~~ .. ~" a 0 I D E C 0 U N T Y " Borrego - Borrego Springs landfill " Valley Center T " .. m "1 '" C' - / >- "" / ~ C' ...."" 0 n n 0 '" C ,. Z z Descanso I -< Alpine 0( N . , ® J""" JactIT1ba Campo IMPERIAL BEAOi T..,.,. E " I C 0 M rquana MAP SOURCE: COUNTY OF SAN DIEGO, INTEGRATED WASTE MANAGEMENT PLAN (1996) ~. (JèA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s"" J SOUTH SAX DIEGO RMDZ REDESIGNATION ApPUC..\TION . CHULA VISTA EXPANSION ~ /l -.2 Ý 2,050 locations within the City. Expansion of commercial recycling efforts should also help in the diversion of additional materials. Collection efforts to-date, performed by the Citýs contractor, resulted in the following recyclables collections in FY'97: Residential Curbside Multi-Famil Collection FY'97 FY'97 Annual Monthly Annual Monthly 96-'97 Market Material T e Tonna e Collection Est. Tonna e Collection Est. Prices ($/ton) New a er 3152.4 262.7 780.83 65.1 $ 34.9 Cardboard - 51.4 10.3 na na $ 84.0 Mb<ed Pa er- 86.7 17.3 na na $ 7.3 HDPE-Cle 146.5 12.2 26.93 2.2 $ 357.0 HDPE-Colore 87.9 7.3 i3.66 1.1 $ 154.5 PE 108.9 9.1 20.77 1.7 $ 209.2 Alunrinwn 33.5 2.8 8.12 0.7 $ 1,074.4 TinlSteel Cans 274.2 22.9 35.83 3.0 $ 60.4 Glass-Amber 131.9 11.0 26.46 2.2 $ 27.0 Glass·Clear 392.7 32.7 47.63 4.0 $ 27.0 Glass-Gree 251.4 21.0 37.27 3.1 $ 20.0 Glass-3 Color 304.4 25.4 105.99 8.8 $ 15.0) Curbside Oil -- 1626.6 also 180.7 also na na na Oil Filters -- 301 33.4 na na na . The City begancolleding f1u:se materißls in February '97 (5 months of FY'97) from single-ftmn1y /wuseholds .. The City began coUecting f1u:se items in October '96 (9 months of FY'97) from single-Jrzmùy /wuseholds Please note that average market prices received for these recyclables is given, a factor that will partly determine which materials will be targeted by the Chula Vista RMDZ efforts. Although the Citýs size somewhatlimits the amount of recyclables that can be generated and diverted directly by the City or by businesses within the City, Chula Vista is centrally-located in San Diego's South Bay. This provides an opportunity for potential RMDZ companies to use recyclables from other sources in the region. In 1996, the City of San Diego worked with a local recycling organization, I Love A Clean San Diego County, Inc., to survey regional recyclers about their 1995 collection efforts. These results can be found on page 12. It is clear from the results of this survey that a significant amount of paper, plastic, and glass is generated within the San Diego region. Follow-up research by the City of San Diego concluded that nearly all of these materials leave the region for other parts of California, the West Coast, the Pacific Rim, and some locations within Mexico. It is the intent of the Chula Vista RMDZ effort to target the current processors and collectors of some of these materials, and to coordinate their use in the South San Diego RMDZ. Based on the above factors, the market volatility for certain materials, and the regional availability for recyclables, the Chula Vista RMDZ efforts will focus their activities on users of plastics, low- grade papers, and glass. ...... ...... ...... ...... ..... ..... ........ ....... ....... @ SOlfTIl SAN DI£\~t> RMDZ RED[S¡l~:\'.;'rIO!\: Al'PlJ\~.4.rrn\i . CHllI...t. ViSfA EXP.J,~'Slll\· . '. _ ,A -.z~ RECYCLABLES COLLECTION SURVEY FOR SAN DIEGO REGION (1995) Material T e Tons Collected (1995) Plastic Waste 7094.5 : . . '.".' CRVPj·' ;..,. .. Co"·"" ..:".::> 'ET; . )Daó3ã.oi ···f. .. . . ·astlC iltaulets·:·.. . ·;'··;~Ot'~f·PET ,:',;'\;/\'95-1;4 . . .:' .. ... ···,····::·,:··:·"''''1l1:IÊÉ''(/:i···:d) ;:';:.\b;,;(,··;2'Ù6.9·:: "0..:; ,,;. 5:' . "it·.}~:··}: 0.·/,. .. . .:~¡p .. ·:!;'¡':;:.::Úi:';;:¿;::;;~);;:;;;itiiitÊ(Ìi.tiiiJ ·');;i::"l.·:·;"Y;:.F~';>j::::;\pvc·:· i48ii<!¡i' ·.{!:fi;·i;·':.'i";;;.:<;"iÔt'h~fÞfl1iftt~~: Rubber Waste na Pa er Waste 181743.2 <.·2·::;fKr~fiìZ:¿rêÍ6ó¢rèl ....-... -.....-- . . >.,,' >.'61353.0 '.:o'¡ .... ... ·;'i:;.WhÛ~lid:·~¡: Ici>ilipJki .. }':{.::: ·:··;::,·i:\',CjtuiiiD.· ;;T:,:,\:.:·t.~;~l;;;:,;,rèôldfeâUâiir. :-:",';',': ',,<.' ."..... : 3042.7: ··;,;·:;¿:i..·.>;ýA~:¡a¿:;iifi3i¿h::Pd:··ifb~&fd: . . ;'.; :0 ..: ,::.~:;:;\(~:(ò}fpíJ:klli~þriiii·:§E::¿.;:);¿·-.¡::þ;:~/:8~;::'6ô.9925i,: ·<:";'o,,};·ôijJ].·õ;iiiiJj¡ÜPå&:b&si'(¡· ,:~ j::?);.·:?··;r?:jçij~:;f{332E2.. '~iM~/iP'åpi;r ;:".>';'·34'585.3· Glass 31566.3 ;:t:RVêi~hr '-'-,' . :<·15fJ45.4· CRVAr11b~¡' ·.:;'.9653.4 .;.; : ;'::Othè;'):;jk¿· . ...>.: '-0;.;.: :.·;i:;68ŠÚ.- Steel Cans 2926.5 Aluminum Cans 10736.8 Wood 11622.5 . .........:.-':.; .' &rà - Wood . . :-",. - -, . ~: . ·····.·Woôà pC¡zÙis" ·;'·";.1'0-241.4··: -. - ,," Est. Total Collected 245689.0 Source: I Love A Clean San Diego County, Inc. Note that efforts to eliminate double- counting were undertaken by staff; however, these figures are based on reported data and may have some limitations. ............................. ........ ......... ..........@ SdUTII S:L\" DILl;U RMDZ Rr:m~SIG:V/1J'fl)~ Al'PLlL,-Ir/¡J\i . CHlll.'¡' V!i1:-\ EXP.-\.\:ij{1\" ' ", A-.2G:> In addition, as one of the few remaining areas within the San Diego region with existing industrial properties conducting auto-dismantling activities, Chula Vista RMDZ participants will attempt to attract at least one company that provides auto-disassembly. This type of activity appears to be gaining acceptance as the next evolutionary stage in the industry, while also receiving acceptance from the public in terms of aesthetics and concern for the environment. In fact, in an effort to combine this form of activity with Chula Vista's high-tech economic development goals, RMDZ participants will explore the possibility of attracting electronics and computer disassembly/recycling operations to consume some of the regional "bulky items/ brown goods" wastestream. Additional interim target materials will also include wood, pre- and post-consumer food waste, and green materials. As discussed previously, the City of Chula Vista has been diverting green materials from its collection program to support the growth of Organic Recycling West, an Otay Mesa-based composter. Wood, food, and additional green materials could potentially be con- sumed in future expansions of ORW - Chula Vista's preference - or in the attraction of another firm that could provide additional (although non-competing) composting or remanufacturing capacity. Coordinating Feedstock Acquisition with Other Jurisdictions Chula Vista's RMDZ goals cannot be accomplished without effective coordination with other jurisdictions, either at a San Diego/lijuana regional level or more broadly (i.e.: Southern California/Baja California Norte). For smaller remanufacturers, Chula Vista's Conservation Coordinator will provide initial identification of supplemental materials providers, primarily through representation at San Diego Technical Advisory Committee (TAC) meetings. Community Development staff will support these efforts through their contacts at regional jurisdictions that have been identified as potential materials providers. For large-scale consumers of recyclable materials, Chula Vista RMDZ staff will work closely with South San Diego RMDZ participants, North San Diego County RMDZ representatives, and contacts at the CIWMB, California Trade & Commerce Agency; and jurisdictions in the Los Angeles/Orange County regions, as necessary. Although Chula Vista RMDZ staff will offer assistance to all firms attempting to negotiate long- term supplies of regional materials, contractual details and transportation arrangements will be negotiated on a case-by-case basis. It should be noted, however, that Chula Vista and other San Diego RMDZ participants have provided medium- and long-term contracts to local remanufacturers in the past, and will continue this type of activity as part of their on-going incentive efforts. ~ . . . . . . . . . . . . . . -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j;" SdllTfI S.-\:-< DIEC,] RMDZ RWL<i,;.\."m,]N ApPI.lè.<rIO' . CHlII.·\ VI'r.; EXp.-\-'.;I""·) IÎ -27 Potential RMDZ Company Targets As mentioned previously; Chula Vista's RMDZ activities will focus on the selected materials types given below. It should be noted, of course, that other remanufacturing or recycling uses may also be considered, as appropriate to Chula Vista's permitting requirements and community develop- ment goals. The targeted material types and potential end-products include: POTENTIAL RMDZ END-PRODUcrS ~iL-~;~iQ£æ~·c~~::8SEr~:S~f~?;1}1r¡~€sJ~1.~i~;~t£1Jfi~¡ 1_:.v:Bt~__'--r-::.~.~~~;.¡-~<-.v.'~¡"-"~__..'~:r'~ -- .'~.~~ "s:_"'v,1> '-" --'!~ ~~~o_~~ ---"~-;';.I-'~' - -'>;--'~!""'~i'ª r::~~~"? ~..."'!.<;'t:t-"_~ ~~-f- --...."'''''~~.--'þ.-~''''-''"'--~."..<-t?:-.>!L -' ~--=.~ II-;; "r ~ =;.;<'~__.>=·"""'.'-/~:::~"''''Þ......~~.:._'''' ,.......""'~<=-~_,,~=~~~J.f'~µ~'""....-~~ ~ ~..{i;" ~~~ ""~~~ ,5f,;:>,,~r~;~~.;;;.f";.¡¡:..;~.:Æ~~,:i...;:~~~>;'/&'[~;;t:~:Z~::1...:r~~'::~~~..::"?'" Plastics plastic £lakes & pellets; molded hard containers; plastic components and None film products for maquiladora industry Low-Grade Papers molded paper packaging; fiber mixed board; wall panels; hydromulch; None contaminated compost amendments; Glass pre-sorted & processed cullet; glass tiles; glass aggregate; glasphalt; art Limited glass; sandblasting aggregate Green Materials compost & soil amendments Limited Wood Waste remanufactured pallets; engineered wood products; mulch; compressed Limited fuel logs; Food Waste compost; vennicompost; animal feed None Textiles rags & industrial wipes; toy stuffing; buffing wheels; None Other Materials scrap metals; reusable components; automobiles scrap plastics Limited bulky {brown goods ........................................................ @ Sut/nl S.-t\' ÐIb;{) RlvlDZ REDESll;NATlON ApPf.lCAl/U." . CIlULA VbIA EXPA,\i:'ltJ.\i 1I-.2..~ 3. MARKETING PLAN Upon redesignation of the South San Diego RMDZ, the Chula Vista RMDZ participants will initiate a three-pronged marketing effort directed toward these targets: Internal-Chula Vista; External-Chula Vista; and San Diego/Southern California Region & Industry: Internal·Chula Vista In order to maximize Chula Vista's RMDZ efforts within the local government structure, RMDZ participants will organize an internal marketing effort through these primary means: · Recycling Displays: Distribution of RMDZ informational materials will be made at city recycling displays, which are located throughout City facilities; · Informational Memo: Community Development staff and the Conservation Coordina- tor will arrange for an internal memo from Chula Vista's City Manager to City staff describing how the RMDZ fits into citýs economic development efforts; and · Coordination Effort with Planning and Finance Departments: RMDZ participants will discuss RMDZ goals and activities with representatives from the City Planning Department (responsible for permits) and the City Finance Department (responsible for business licenses) in order to improve awareness and to generate additional leads for potential RMDZ companies. These efforts will serve not only to smooth expediting of RMDZ business activities, but will also provide ground-level awareness among City staff. External-Chula Vista The second stage of marketing activities will be focused on the Chula Vista business community and existing recycling-related businesses, but external to the local government organization. These market efforts will be more broad-based in order to generate sufficient awareness among potential RMDZ companies; to reinforce interest among Chula Vista's general business commu- nity regarding the value of recycling and recycled products; and to improve the likelihood of referrals to RMDZ participants. These goals will be accomplished through: . Informational Sheet A Chula Vista RMDZ informational sheet will be developed that will be included in all appropriate economic development promotional mailings; . Internet Promotion: Inclusion of RMDZ background and contact information on both the Citýs internet site (www.ci.chula-vista.ca.us) and the new Connectary business-referral website being developed jointly with the Chula Vista Chamber of Commerce and the South San Diego County EDC (connectory.sdsu.edu); ............ .... ...... .... ........ ......... ........ ..... ~ SOU1 If S.-t\' Dli.:.l~O RMDZ RF_D[~ll;\':~rcl1X ApPUCATrl)\" . Clltll.-I. VJ~r.-I. EXI'AS:;/tJ.\- "'.. /1-2..1 -------,--..._--'".,-~._,._-~ - - - -- ------- · Trash Bill Insert A short description of the RMDZ project will be included on a trash bill insert, which will be received by all businesses within the City. A contact number will also be provided; · Targeted Manufacturing Mailing: Using business licensing infonnation from the City's Finance Department, Chula Vista's RMDZ Zone Administrator (Community Development) and Conservation Coordinator will develop an infonnational mailing targeted toward those manufacturers that would be most likely to generate scrap from targeted categories (plastics, papers, wood, etc.), based on SIC (Standard Industry Classification) codes and employment size; · RMDZ Promotional Brochure: In conjunction with the other South San Diego RMDZ participants (City of San Diego and County of San Diego) a new RMDZ promotional brochure will be developed. This new brochure will describe overall-zone infonnation, as well as highlight the benefits within each jurisdictional component. Chula Vista RMDZ participants will distribute these brochures to the Chula Vista Chamber of Commerce, to other local business development organizations (Border Environmental Commerce Alliance, Southwestern College's Small Business Development & International Trade Center, etc.), and bring the brochures to community development- and conservation-related public events. In addition, Community Development staff and the Conservation Coordinator will provide at least six presentations to community groups during the first six-months after designation to increase general awareness of the South San Diego RMDZ and Chula Vista's participation. San Diego/Southern California Region & Industry Marketing Chula Vista RMDZ and South San Diego RMDZ participants will promote the newly-redesig- nated Zone at economic development, recycling industry, and manufacturing trade shows throughout Southern Califomia. In addition to those marketing activities already planned for by existing RMDZ participants (City of San Diego and County of San Diego), Chula Vista will promote the RMDZ at a minimum of 3-4 additional, large-scale trade shows in the San Diego and Southern California region annually (as mentioned in the Chula Vista RMDZ budget). Other regional and industry marketing activities will include the development of a contact database of recycled product manufacturers, recycling companies, manufacturir:¡g and recycling industry trade publications, and economic and community development groups. This database will become the basis of the Chula Vista RMDZ's mailing and faxing of Zone brochures, news releases, Zone updates, and other relevant infonnation. These increased efforts will be a supplement to RMDZ marketing activities of the City of San Diego, the County of San Diego, the San Diego Regional Economic Development Corporation, the Otay Mesa Chamber of Commerce, and the Chula Vista Chamber of Commerce. @ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S(11l111 SAX Ðrr(;o RA'fDZ RU.}[S{(;\:AllON ArPLfl~;\nUN . CHlIL4. V¡~TA EXEI.\'.'IUS - , - /I - 3.0 Marketing Awareness & Project Goals The Chula Vista RMDZ marketing efforts are expected to develop a sufficient general awareness of the program to prospective recycled product manufacturing companies - those companies not yet within the City, as well as those companies that could potentially add remanufacturing capacity. Awareness of the program will be tested through two primary methods: tracking the number of information requests, and an informal sUrvey. The number of information requests - either as a result of direct Chula Vista marketing, or resulting from referrals from other RMDZ participants - will be tracked and reported quarterly by the Chula Vista RMDZ Administrator (based on information provided by the Conservation Coordinator, and other Chula Vista RMDZ participants). The goal for Chula Vista is to generate 40-50 general information requests per month, which will then be screened for prospect follow- up. Also, RMDZ participants will explore the development of a voluntary Recycling & Waste MJl1¡¡¡gement survey to be administered by the Finance Department as part of the City's business license application process. This brief survey will measure applicants' knowledge of City recycling goals, awareness of the RMDZ program, and other related issues, with results compilated by the Conservation Coordinator. The goal will be to attain a 10% awareness level among Chula Vista manufacturers after the first year, a 25% awareness level among Chula Vista manufacturers by the end of the second year, and a 50% awareness level among manufacturers by Year 3. Other marketing goals that the Chula Vista RMDZ will attempt to meet include: · Meet with and initially evaluate 15 unscreened prospects in Year 1, and 25 per-year thereafter; · Meet with at least 3 pre-screened and qualified RMDZ prospects in Year 1, and at least 5 per-year thereafter; · Secure at least one RMDZ loan for a new or existing Chula Vista company every two- years begining in Years 2; and · Provide critical support for securing at least 3,000 tons/year of new remanufacturing or recycling processing capacity within the overall South San Diego RMDZ by Year 2, at least 5,000 tons/ year by Year 3, and at least 10,000 tons/ year by Year 5. . @ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SOU/"lf 5.-\s DIf:ctJ RA/fDZ. Rl[lE"'h;X.4.Tld.\¡ AI'PUC,-I1"/¡).\" . Clll1l.:\ Vt...;r.-\ EXPAS.Slt).\" , 11-.3/ ..-. 4. INCENTIVES Chula Vista's RMDZ is expected to complement the overall South San Diego RMDZ mix of incentives not only through its location and aggressiveness in assisting prospective companies, but also through the following incentives, some of them unique to the City: · Border Environmental Commerce Alliance: Chula Vista is the headquarters for this innovative business assistance organization and incubator, which provides business counseling and start-up assistance, as well as low-cost office space to environmental and recycling firms; · Employee Recruitment & Training Assistance: The Chula Vista Community Development staff works closely with the South County Career Center (located in Chula Vista) to help companies find qualified employees and provide training services. In addition, Commu- nity Development staff will assist RMDZ companies through the details of the State's Employment Training Panel (ETP) program to provide $1,000-$3,000 per-employee in training program reimbursements; · Permit Streamlining & Expediting: The City's "Project Manager" system provides a single point of contact for companies obtaining necessary business or development permits. Recently, the City Council also approved 25 recommendations that will dramatically simplify and speed the development review process at the local level. For regional and state permits, Chula Vista is actively affiliated with the San Diego Regional Permit Assistance Center, this includes filing and permit assistance services for State agencies (Cal/EPA, Dept. ofToxic Substances Control, Regional Water Quality Control Board, etc.) and County agenices (Air Pollution Control District, Dept. of Environmental Health, etc.); · RedeïJelopment Areas: Much of the City's industrial property lies in designated redevel- opment areas, providing qualified companies access to the City Redevelopment Agency's property tax rebate program, infrastructure improvements, designing & planning assistance, and possible land write-downs; and · State Tax Credits: Chula Vista Community Development staff will assist prospective RMDZ companies in determining their eligibility for existing State tax credits for manufacturers (Manufacturer's Investment Tax Credit, Research & Development Tax Credit, etc.). In addition, RMDZ staff will actively assist prospective companies with scoping sessions to identify permitting requirements, sources of recyclable materials, regional lenders (discussed later), and possible sites within the City for operations. ... ... ................ ... ........ ... ... ....... ...... .... @ S,1UTH SA.\ Dtn;o RMDZ R/-'1lr.~Il;X:\T/Of\· APPUl~.-\T/llS . CUlll:\ V¡SL-I EXP.4;\i.'i[OX t\ , /I -.3 d... 5. FINANCIAL SUPPORT There are several financing sources that the Chula Vista RMDZ participants will utilize in assist- ing prospective RMDZ-related companies: · Section lOB-Project Specific Loans: The City of Chula Vista offers a Section 108 Loanf Loan Guarantee program to businesses interested in expanding or relocating to Chula Vista. Terms are negotiated on a case-by-case basis, and are subject to City Council approval and staff-assisted application to the US Department of Housing & Urban Development. Funds may be used for equipment, land andf or buildings; · Industrial Development Bonds: Acting as the City's Industrial Development Authority, the City Council can authorize tax exempt industrial development bonds, for lower cost, long-term financing. Bonds may be issued for up to $10 million, with standard eligibility requirements and restrictions; · EmTek Seed Capital Fund: In conjunction with the San Diego Regional Technology Alliance, the Emerging Technologies (or "Em Tek") Seed Capital Fund can provide non- bankable "emerging technologý' companies with working capital and equipment financing in the $100,000 to $150,000 range(eligibility requirements and certain restrictions apply); and · SmogBusters: The City offers an incentive for up to $4,000 in rebates to companies that retrofit qualified vehicles to run on compressed natural gas or electricity. In addition, Chula Vista RMDZ participants will also act as a referral to other conventional lenders and alternative financing options, including: · Conventional Lenders: More than 10 banks and! or branches currently operate in Chula Vista, in addition to the dozens of other banks in the surrounding communities. Many of these banks work closely with the CDC Small Business Finance Corporation to package SBA and other small business loans, as well as to provide business finance counseling (letter of support from this organization included in Appendices). · Alternative Financing Options: Other options available to prospective RMDZ companies will include Acci6n San Diego (provides micro loans from $300 to $25,0(0), Bankers Small Business CDC (provides micro loans from $5,000 to $25,000), the California Capital Access Program (CalCAP), and export financing programs (such as California Export Finance Office) if applicable. The above sources of potential financing are, of course, in addition to the State's RMDZ Revolving Loan fund, which will be heavily marketed by the Chula Vista RMDZ participants. ........................................................@ SOUTH 5A:\I DI£\~l) &.\lfDZ Rr:Df:SI(;~.·\:rJON ApPuc.-trro:\, . Cl-/UU. VISTA EXPANSlt)!\ ,A -.3.3 6. EXISTING & PLANNED INFRASTRUcruRE -- Although a more detailed description of the City follows later in Section ill, the expansion of the South San Diego RMDZ to include Chula Vista would encompass a well-developed city of ap- proximately 50 square-miles in size, and with a population of over 153,000. Although many parcels of relatively-undeveloped property still exist, much of the industrial property within the city is already supplied with basic infrastructure requirements. Planning for infrastructure in undeveloped areas is part of the City's long-tenn growth strategy; and is, in fact, required in the City's development approval process. Other infrastructure issues of note follow. Waste Management Collection & Disposal As described earlier, the City of Chula Vista disposes of over 110,000 tons-per-year, primarily at Otay Landfill (located within the City's boundaries). Otay Landfill is estimated to have approxi- mately 18 million cubic yards of remaining capacity, enough to remain in operation for over 30 more years. The landfill is currently owned and operated by Allied Waste Industries, which also operates several other major landfills in the region. In addition to providing services for the City's recycling collection programs (described in Section II -- Feedstock Arwlysis), Pacific Waste Systems (a subsidiary of Allied Waste Industries) also provides solid waste collection under franchise with the City. Pacific collects household trash and recyclables, as well as commercial waste. The City's Conservation Coordinator also manages a variety of other waste management and recycling programs, including community recycling education efforts, source reduction educa- tion, office recycling programs, and home composting. It is the Conservation Coordinator's responsibility to implement the City's SRRE and to meet the 50% diversion goal in 2000 (the City currently estimates its diversion at approximately 40%). See map of regional non-disposal facilities (page 22) for more information. Water Supply The City of Chula Vista is provided water through two local water districts: the Otay Water District (OWD) and the South Bay Irrigation District/Sweetwater Authority. Both of these agencies are members of the San Diego County Water Authority, the water retailing agency for the entire San Diego region. Approximately 90% of the water supplied to the San Diego region (and, thus, the two water districts) comes originally from the Colorado River. This water is transported and distributed to the San Diego County Water Authority (SDCWA) by the Metropolitan Water District of Southern California, with the SDCW A then distributing the water to its member agencies throughout the San Diego region (see map, page 25). In 1989, the SDCWA initiated capital improvement projects (since completed) that have expanded water delivery systems (aquaducts, piping, etc.) to meet expected water demands through the .0.....0.00000...0000000..0.0..00000.00..0.00.00000..0. o@ S(JUTlf 5.0\.\' Ð¡ft;O RlvfOZ RI-:nC;'/l;XATIO:-.: ApP1K.-ITIO.\' . CHlll..'\ Vb/'.{ EXJ1A.\!SfO;Y '~' 1/ - 3J-I year 2010. In addition, both the SDCWA and the two water districts covering Chula Vista (Otay and South Bay) have also initiated their own water conservation and reclamation projects that are further expected to extend the system's capacity, Otay Water District, in particular, is working closely with the City of San Diego Metropolitan Waste Water Department (MWWD) to identify industrial and commercial uses of 5 million gallons/ day of reclaimed water that will become available upon completion of the South Bay Water Reclamation Facility adjacent to Chula Vista in 2000. In addition, two reservoirs (operated by the two water districts) are located adjacent to the pro- posed RMDZ expansion area: Sweetwater Reservoir, and the Upper & Lower Otay reservoirs. Sewage Collection & Treatment The City of San Diego's Metropolitan Waste Water Department (MWWD) operates as the regional waste water collection and treatment agency. All sewage in the South Bay (including Chula Vista) is collected by the South Metro Interceptor, wJ:úch has traditionally transported the waste to the City of San Diego Point Loma Treatment plant. Although the capacity of the South Metro Inter- ceptor is nearly met, the addition of the South Bay Water Reclamation Facility in 2000 will reduce capacity concerns for many years. An additional sewage treatment facility is planned for the South Bay in the late-2010's. Power & Gas Infrastructure for power and gas have J:ústorically been managed by San Diego Gas & Electric, the regional power company in San Diego. Infrastructure for most industrial areas in Chula Vista is in-place for both power and gas, although some undeveloped areas may require additional improvements. Transportation Infrastructure Transportation infrastructure is J:úghly developed throughout the San Diego region, with several major freeways (1-5, I-80S, I-IS, and 1-8) providing direct access north to the Los Angeles region, northeast to the Riverside/San Bernadino counties, east to Arizona, and south to Tijuana, Mexico. Chula Vista is conveniently situated with intersections of both 1-5 and I-80S, allowing companies to sJ:úp products and materials quickly north or south. A new interstate, I-90S, was awarded additional funding from the US Congress in May 1998, allowing for an additional north-south route to develop in the next 5-10 years. Other freeways (such as SR-54) and well-developed street infrastructure (as can be seen on the Chula Vista street map, page31) provide excellent transportation logistics for Chula Vista-based companies. Finally, nearby rail access and seaport access (limited, at this time) provide other options for transporting products, materials, and people. For more information, see maps of regional freeway system and rail lines on pages 23 and 24. ...... ...... ....... ... ...... ...... ........ ....... ....... * SIR/Hi SA\' 0/£\;0 RMDZ RE1."'\[SIC\'A.tION A¡,puc.-\f/n:-.¡ . CHtIl..1 Vb/'A EXP.4..\'~lt)!\' 1l-.3:r MAP 2: NON-DISPOSAL FACILITIES IN SAN DIEGO COUNTY "'-< c." .¡..¡. .. ~" 00 I V C 0 U N T Y " - Ranchlt> " Valley CentlN' 0 ~ '" m "f OcatlllaW.II. '" " [] EIlIb Pradaels 0 - Racyellng , n > .. ~ , " o Jallan 0 " C1 0 '" c: ~ N z 7- ® -< Alpine -< LEGEND . MRF J""" ø Recycling Fadlity Barrett Bonita Junction 0 Transfer Stations or 0 JaCIJmba Rural Container Stations CHlJlA VISTA IMPERIAL BEACH C Organic R.cycllng Tecal8 C Composting Facility Wal I C 0 ... E " Tijuana ---- MAP SOURCE: COUNTY OF SAN DIEGO, INTEGRATED WASTE MANAGEMENT PLAN (1996) F..... I.L",~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~~ .~ SnUff{ S.-\.\' Dí!.(;(1 R}JDZ RLnï-:.-':'í\;\:,·ru().\ Appuc.-i.UO.\ . (¡lULl VhT.J, EX:'1.'ì..\">i/O\ <\i4;ß:,á;¡rif ~'" ... .A-.3~ - MAp 3: EXISTING FREEWAYS & MAJOR HIGHWAYS Orang. County I Rlwrald. County i I VWyc-. OaIIIIaW.h ...-. EncInlln CarØl'ItyTheS- ....,. ....... Sol~ B..ch D~"" """" - ...... .......... ........ .....""' --- SAN DIEGO REGION . - - Future Rout~s 0 1 . . , , , ",.... ~S&n Die-go u.s.... - ASSOClA TION OF MEXICO GOVERNMENTS "'" M.'\P SOURCE: COUNIT OF SAN DIEGO, INTEGRATED WASTE MANAGEMENT PlAN (1996) ORIGINAL SOURCE: SAN DIEGO ASSOCIATION OF GoVERNMENTS (SANDAG) ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ -' ! S\ìUTH S.L\" DlF.GO KvlDZ Ri-.P['51l;~..;,VIO!:..; Apl'!.ICATjO:\ . CHUI..'\ VrSL-\ EXP.4.SSlOX ~~~ /1-37 MAp 4: EXISTING RAIL LINES c.mp P,ndl.lon . Enclnltn SQlanlB"ch EXISTING RAIL LINES - Ral! LIne . Major Yard Facility . . . , . . ~1l£S ~San DIcgo ASSOCIA nON OF GOVERNMENTS MAP SOURCE: COUNTY OF SAN DIEGO, INTEGRATED WASTE MANAGEMENT PLAN (1996) ORIGINAL SOURCE: SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) œ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~' ] SOW'E-I SA.\" Dl£(;O R}vJDZ Rr:DL~rG\:M10:\" Af'PUCATlO\' . CHUL.4 VI5'f.4 EXP.4.NSlt'J?\' ., .¡~# /I-3~ MAPS: MAJOR WATER TRANSMISSION & STORAGE FACILITIES RIVERSIDE COUNTY SAN DIEGO COUNTY ~ 'ò ~ "'Q ~ lAKE () HENSHA. c 0 - SUTHERLAN 1r I N A IV! e:>C1C:::::C:::::> MAP SOURCE: SAN DIEGO COUf'{fY WÆfER AUTHORITY, WÆfER RESOURCES PLAN (1997) ~ ... ...... ..............................................." .;.J Stxrnr S.I\" ÐiLt.;U R,\"fOZ Ri-.i)l.:,/L;~,;.JJ-rox Apruc.-I.Tlo.\' . CHurA Vi.'L-I. EXl'.:'_'~j\1':\· t~¢;? A-31 7. AVAILABLE PROPERTIES & BUILDINGS Chula Vista's Community Development Department works closely with local industrial real estate brokers to find the most optimal space for companies looking to do business within the city. Most small- and large-sized industrial lots and buildings are, in fact, promoted through a City industrial property listing, "Set Your Sites on Chula Vista", which is updated approximately quar- terly. A partial listing of available industrial property and buildings within the expanded area of the RMDZ (covering all of Chula Vista) follows: Property Size(s) Zoning 640 Arizona Street 20,000 ft2 It 650 Arizona Street 20,000-22,000 ft2 It 780 Bay Blvd. 115,041 ft2 ItP Bayview Commerce Center (1011-1161 Bay Blvd.) 1,500-1,600 ft2 It Beyer Road & Faivre Street 2.47 acres ItP 110 & 130 Beyer 1.74 acres ILP Brandywine Industrial Center (1675 Brandywine) 7,869-14,160 ft2 I Britannia Business Center (675-679 Anita Sl) 105,600 ft2 (divisible) I 2391 Boswell Road 6,720 ft2 It Commerce Plaza One (925 Hale Place) 980-32,717 ft2 ItP 750 Design Court 8,640 ft2 It 2512 Faivre Street 1.9 acres ItP 2391 Fenton Street 90,000 ft2 PCI 1480 Frontage Road 26,136 ft2 IL 1-5 & Palomar Street 1.09 acres I Industrial Blvd. & Moss Street .75 acres ItP 666 L Street 112,160 ft2 It Lincoln Hilltop Bus. Center (3800 Main Street) 1,200-1,500 ft2 I 2865 Main Street 7,020 ft2 ILP 676 Moss Street 18,800 ft2 I Otay Valley Indust. Park (730 Design Cl) 42,m ft2 I Rancho Anita Industrial Park (767 Anita St.) 2,400-22,800 ft2 I Rancho Anito Industrial Park (1616 Industrial Blvd) 39,000 ft2 I Sweetwater Bus. Park (280 Trousdale Dr.) 5,320 ft2 IL Southrail Business Park (several bays avai1.) 1,639-28,382 ft2 It 2243 Verus Street 7,800 ft2 I LEGEND: 1= GENERAL INDUSTRIAL; IL=LIGHT INDUSTRIAL; ILP=LIMITED INDUSTRIAL-PRECISE PUN; PCI=PlANNED COMMUNITY INDUSTRIAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ $"llllf 5" 0,1,:" RMOZ RIN-I,;qnO' AI'I'lleA'I< '.' . CIIlIl.' Vi-7.' EXI'.'Y-¡,'\ ~"'i~~:' ,.~ /1 -4-D 8. RECYCLING-BASED BUSINESSES WITHIN CHULA VISTA Most recycling-based businesses that are currently in Chula Vista are involved in collection and processing of recyclable materials, not in remanufacturing. The one notable exception is San Diego Pallets, the region's largest remanufacturer of reusable wooden pallets. Chula Vista's RMDZ efforts, however; will not be limited to the attraction of new remanufacturing capacity. Efforts will also include sustaining the appropriate placement of recycling collection! sorting operations, as well as identifying existing and potential remanufacturing capacity among Chula Vista companies. Chula Vista RMDZ activities will initially: focus on detennining interest from £inns like San Diego Pallets in expanding their operations (in compliance with facility and regulatory require- ments); identifying additional options to add-value by existing recycling collection! processing operations (such as exploring new options for processing equipment by SOS Metals, for example); and detennining if existing non-recycled product manufacturers might have the ability and interest in adding processing and! or remanufacturing capacity. Recycling-based businesses within Chula Vista include: . 676 Moss Street Pallet - San DIego Pallets 619-426-1441 remanufacturer/ recycler SOS Metals 635 Anita Road Industrial metal 619-628-1242 scrap & alloys 881 Energy Way Rubbish & Pacific Waste Systems 619-421-9400 Recycl~g Collection 149 Reed Court Buy-Back Paul Brown South Bay 619-425-7197 Center/Processor @ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Suurll SAX O¡r.~;t) R.'\l10Z Ru.1/ :~ll;\.-II IdS App( Jl~.J,.rtu\ . ClItlI..-I VI';}A EXP:\:'..:::lt)\ . . . /I -4 I - . PHYSICAL DESCRIPTION & CHARACTERISTICS OF RMDZ's EXPANDED AREA ........................................................... SOUTH SAX DI£GO R.VfDZ RiDESU.-;\",J.TH.1,'" APPLlCATIOS . CHULA VISTA EXPA.YSIOX ¡I-4d- III. GENERAL DESCRIPTION OF RMDZ . . . . .~~~~~~~~~ J~~!~~I~!~~~ . ::: . ~.~~~ ~I~!~ Chula Vista is San Diego County's second-largest city, and the twenty-first largest in California; with a population of approximately 153,000, and an annual population growth of over 2%. Lo- cated mid-way between downtown San Diego and the US / Mexico border, Chula Vista was incorporated in 1911. In 1997, the city expanded significantly, annexing unincorporated eastern lands that increased the city's size by over 42% to a total of approximately 50 square-miles. It is estimated that this expansion will accomodate an additional 70,000 residents over the next 20- years, bringing the City's total population to 220,000. The city's aggressive, pioneering attitude is reflected in both it's population - with an average age of only 32.6 years - and its forward-looking community- and economic development plans. Much of Chula Vista's development will occur in master planned communities, which, over the next 10-30 years, will balance urban planning for housing, commercial and industrial develop- ment. The master-planning concept and a new Growth Management Plan are expected to lead to a higher quality of life for the city's residents, as well as smooth the process for industrial and commercial development. Chula Vista's commitment to its residents has also included a commitment to supporting the environment. Apart from citywide recycling services, the city has promoted many environmental activities, including its efforts as a founding force in the creation of an environmental business incubator, called the Border Environmental Commerce Alliance (BECA); the creation of educa- tional guides about greenhouse gases; the designation of over 5,000 acres in the newly annexed area (called "Otay Ranch") to remain as "open space"; and the support of a nature center located within Sweetwater March National Wùdlife Refuge, one of the few remaining salt water marsh habitats on the Pacific coast. Although the environment is still a strong component of Chula Vista's long-range planning efforts, the support of commercial and industrial goals is also viewed as critical to a balanced . community. Currently, over 1,200 acres of the city are zoned and developed for industrial activities, with more industrial land expected to be added as the master planned communities are developed. Commercial and industrial activity is represented by over 6,000 Chula Vista businesses, approximately 190 of which are manufacturers, concentrated in the apparel/ textile, lumber / wood, printing, and electronics industries. Other pro-business activities Chula Vista has undertaken have been the targeting of certain industries for the city's economic development efforts, including biotechnology, high-technology, environmental technology, and maquiladora suppliers; a 1992 task force that led to business- . friendly changes in the city's pennitting processes; supporting the development of the San Diego Workforce Partnership's "one-stop" workforce recruitment facility (called the South County Career Center); and the creation of the region's first telecommuter center. t*J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ St.JUlH 5.-\.\' OJh;O RMDZ RU.1E.";I,;;-"All0N ApPIKAJ"fI.J:\ . ClIlIU \l1~TA EXI'.·\N'ik'>;-' ~ ,A-13 PARTNERSHIP WITH OTHER SOUTH SAN DIEGO RMDZ JURISDICTIONS Before describing the proposed relationship of Chula Vista to the other members of the South San Diego RMDZ, it may be useful to provide a general description of the existing RMDZ efforts: Two jurisdictions currently make up the membership of the South San Diego RMDZ - the City of San Diego, and the County of San Diego. The area designated for the Zone includes the City of San Diego's Otay Mesa industrial community, and the unincorporated East Otay Mesa Specific Plan Area. These two communities include a total of approximately 6,300 acres zoned for indus- trial activity; however, most industrial development currently occurs within the City of San Diego, due to existing infrastructure in that area. Some of the area's major employers include Sanyo, Casio, Honeywell, Maxell, Hitachi, Howard Leight, Trend Plastics, and California Leather Goods. Major recycling companies in the South San Diego RMDZ include Cactus Recycling, a local processor of metals, plastics and paper; and Organic Recycling West, a manufacturer of compost products. Generally, employment is concen- trated in mid- to large-sized companies due to the sigrùficant investment that is often required to develop property in Otay Mesa. Existing incentives in the City of San Diego's portion of the RMDZ include a state-designated Enterprise Zone, with its resulting tax credit programs; a federally-designated Foreign Trade Zone, providing US Customs duty-benefits for import/ export related £inns; and expedited permit processing through the City of San Diego's Development Services Department. (hula Vista's Area of Focus within the South San Diego RMDZ Chula Vista is expected to provide a synergistic partnership with the existing RMDZ members through the proximity of its industrial properties to Otay Mesa; its existing econoIIÚc develop- ment targeting of envirorunental businesses; its close partnership with the Border Envirorunental Commerce Alliance's envirorunental business incubator and business assistance center; and the orientation of its infrastructure toward small- and mid-sized businesses. Chula Vista may, in fact, act as an "incubator" of recycled product manufacturers, some of which might eventually find the incentives provided by the Otay Mesa Enterprise Zone (also within the South SD RMDZ) useful, while remaining within the region to absorb local recyclables. Chula Vista's participation in the South San Diego RMDZ will also act to broaden the program's support and activities within the San Diego region. This may result in better regional recycling and market development planning efforts, since many smaller cities have strong affiliations with Chula Vista. @ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Souni S.'\~ Ð1[\;I) RMDZ RU1[SI{;\'.J"rION AI'I'UCAnn\ . C/-/w;\ VbT:, EXP.4.N.....!\)\' /I-{'-/ General Description ofTarget Industrial Areas within (hula Vista As mentioned previously, Chula Vista currently has over 1,200 acres of industrially-zoned land, much of which is already btúlt-out. Of particular note are the following general industrial areas in South Chula Vista that will likely be targeted for RMDZ activities: . Southwest Redevelopment Proiect Area Industrial CorridQr; Along Main Street and between the 1-5 and 1-805 freeways, this 300-acre corridor is targeted for light industrial development; and . Ota~ Valley Road Industrial Corridor. Part of the Otay Valley Road redevelopment project, this 4OQ-acre area will target light industrial, warehousing, and distribution facilities. Other major industrial properties exist within the City of Chula Vista, including the 291-acre Bayfront Industrial area, providing sufficient flexibility for prospective recycled product manufac- turers to identify stútable facilities. The Citýs Community Development will assist firms in identifying appropriate Chula Vista properties. Maps of New Jurisdiction Several maps of Chula Vista are provided on the next two pages showing the citýs general location in relation to other cities in the San Diego region; an overall street map of the jurisdiction; and a map showing Chula Vista's agricultural and industrially-zoned areas that are appropriate for RMDZ businesses. . . . . . . . . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~ . So LITH S:\.S Ðlu;o RlvtDZ RCPC.'5/C.\".-\Tfi ),\: ApPI k".4.I10\' . CIHlI.-\. VI...;n Exp:\.\':,[( 1:'1: .~~ jI-1:S- , i , I <' ~ I" ~~,III;.~j __ /_ 1 ~ ,~¡ /f/:::!íi , ~ "", v' ! i '~'. .",,, 'J " c ï: æ e J g , i!lj Sit ii:.s !J ] ~ :'i!i¡ , ¡ " I Ä ;!¡ £ .,à: , \,-r ~ ~¡ ~\ " ,- , ,,\ II , , ! I ,'.~\ .,~.-·i t" - I '/' _... ' ~:' I · ,/ ì (. 'ê:\ C' \, ...-<J : ":':.'1==¡ ~J : t'- ,'I (li,iW;, ,: ~""."¡.. .",,- ., "~-I ,- - ~ _ !¡ I ~,1' ,,:~~' ~~_' _,;; ,0) \~-I '.",- ' , ,~.r / \ \. ) ~) ,è.':'8: ,~~_'~ r t ....= I ~.'. \~ fI./ / \, ì //( --- ~ i (--..,\, ...J I . ( \~.. , - , '^" " ' ' ' ' ~\ \./ ,~I ~ i ¿Y . \ I '... p:" (J) I '--.' I " ____' I · i \ I _~' ~,'. / r-J ~ 6 , " N \, .,.' "- ._" ; \ : -., ro \ ") \ \ \ [] '¡:: \ o. '. I I '" +-' , & (J) \ - ~ \ ~~ I :; c: .1:- u~ b c: > ro ~ uro .... ~ .:t:: ~ u '¡:: Jf _ /1-410 "L r . MAP 6: CHULA VISTA -- REGIONAL VIEW MAP 7: CHULA VISTA -- STREET LEVEL VIEW N A '0 .... ~'QQ . '¡\" ! tt> UMII':GCO aoROER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ Sllt!['fJ 's.I\' O,fl;O RI\1DZ RIP/....;¡¡;,\iA,i/(1\ AjJ)'I.Il"'-\/h1.\' . CIJUl-\ \/1.";/.1 EXI'.-\\':';/l).\ \..X..! /1-47 ~EGATI\'E D~CLARA.TJO\' PROJECT ?\AJ>Œ: R~cyciIDg M2:"j:~: D~v~lopm~;¡: Zoœ R~i=5ignation PROJECT LOCATION: Citywid: .l..3SE550R'S PARCEL NO.: Nl.t. PROJECT APPLICA,:l\.ï: Ch' o~ Chula Vis:.<. C; 'E NO: ~5-?9-}] DATE: ü:l()b~~ 3:. ! ~98 '-. A. Prol~::! S~rrin£ Tœ propos~d expansion or 1Ìl~ R~::ycling !v'=1:~t D~v~IDp!IL'"Ilt Zoœ (RMDZ) would add 2ll or th~ t=:irory withÎI: m: corporaœ bouncia,,-j~s of th: City or Chula Vis¡¡¡ to th: existing South SaIl Di:go RMDZ through æœ:sigr¡arion of th~ existing Zoœ. E, Proi:c¡ D:sc;imion Tile R::...-y;;iIDg Marke¡ Dev:lopment Zone is a s¡¡¡œ 10212 prog:;:am d:si.':"'rion to encoUïag: D~V: anå ~xisIing bus~ss~s to us~ pOSt-consum~r re:y:i~ë conænt. California legislarion creaœd 1Ìl~ RecyciIDg Mark~¡ Developmem Zoœ (RMDZ) program to provid~ mcenrives to busmesses that use: s~conda:'Y maœrials from the: "';."23æ srr:am 2S feedstocJ: for ID2DUra..'"I!.L-mg, and th~refoæ ro diver. solid W2Sœ niaœ:122 Ïrom the S¡¡¡œ's landÏùls. Tn: 1~g:i.s¡ariQ¡: 2llows existin~ Zoœs to b~ expanded upon 1''''T1;mous COI!S:nt by the Zon:' s pa..-me:~s. San Diego Counry has two Zo~s, inclu~i",: th~ South San Diego RVillZ (SSDRlIOZ) adjac~m to th: borde, which is spoDSoæd by th~ City of San Diego and !b~ Counry. Tn: propos~d project would amend ma¡ zon: ¡o 6clud~ th: City of Chula Vis:c., under !be R..MDZ prog:;:2IIl, quaiifying companies can apply fo, b~low =1:et, fIxed raœ and long -rerm loans for up to 50% of th~ project's COSt, not-tc~;;:ceed $1 million. Loan proce::ds can be U5~ for working capital, real properLY and equipmen: and refinancing or current debt a::quisirion (ìoans must re fully collaœr"1;7~d). Qu2.lifying companies in:iud~ those which produce a r~ycJed-conœm, valu~-added producr, 0, othe"'-'ÎSe mcrease å...'"IllaIId for maœrials that are no:mally disposed or in a sanitary landñ11. All companies requi.-mg signifIcant new power supply and creating new jobs within an RMDZ are also eligible to receive discounts on urilir:" r2œs. C. ComDaribiiin" with Zonim: and Pians Tne proposed projecr would provide economic incenrive ro US~ recycled maœrials and would not conf"lict with any Ciry zoning or pi"nn;n;:. /I-lfY Pag: 1 D. J demifi::z:i:Jn of En\"imnmenta1 Effects An ini::i s::Jdy con:íu:ttè by ÚJt Ci!)' of Ch::;;, V1S12 í~juding the a¡-.a::hed Environrnen12: Ch~d:Es: ::orrn) å~~::nintd L1ai. tht pr0?C)std projt:¡ will no¡ b.2.v~ a significan: enviro=~ effect, zruj the prepa:ation of an Enviro"mÞntal lmpa.::t Repon will not b:: require::. Tnis Negative Declaration h2.s b::en prepared in accordance with Section 15070 of the 5= CEQA Guidelines. Tne In;';.' Srudy ià::ntiiied that no significwt enviro=ental impacts would result ÍTom project Í:1JplementatioIl. _. Miti£2riJI n~:!::ss~~' W 2void s1!!TI.Íñcan1 ~S=~:!.S ...~.. Tne proposed project will not result any sj~;ficant or por::mia11y sig!Úf1cant environmental impacrs, 1ÌJ..ÞJ"efore, no project speciñc mitigation is be required. F. Consuj:¡mon 1. Iruiividua1s and Or!!anizations Crry of Chula Vis12: Joe Monaco, Co=uniry Development Chery! Dye, Co=uniry Deve10pmem Michæ1 Meacham, Cons",,'ation Coordinator 2. DCK:umems Chula Vis12 Geœ,al Plan (1989) and EIR (1989) Title 19, Chula Vista Municipal Code 3. in.iriaJ S rodv Tnis enviro=emal åer::rmination is based on the attached Initial Srudy, any co=ems received on the Initial Srudy and any co=ents received during the public review period for this Negative J)<>..::1aration. Tne repon refi~ the ÍIldependent jurlgement of the City of Chula Vista. Further infor.marion regarding the environmental review of this project is available from the Cnula Vista Planning Ðeparnnent, 276 Fourth Avenue, Chula Vista, CA 91910. . J~~~ Environmental Projects Manager A -49 Pag~ 2 Case No. IS-99-11 ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: City of Chula Vista 2. Lead Agency Name and Address: City of Chula Vista 276 Fourth A venue Chula Vista, CA 91910 (619) 691-5122 3. Address and Phone Number of Proponent: Same as above 4. Name of Proposal: Recycling Market Development Zone Redesignation 5. Date of Checklist: October 30, 1998 ,/I -.::JëJ Pagel Pole"ti.lI,. P"lntially Sil"ifia,,1 Las th.n Sipilic.&lll Unl", Sipifiunl No ¡1II~o:I Miti¡e:.led ¡mp.c! Imp.cl L LAND USE AND PLAI\¡NL1\IG. Would the proposal: a) Conflict with general plan designation or 0 0 0 IíiJ zoning? b) Conflict with applicable envirorunental plans or 0 0 0 IíiJ policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations (e.g., 0 0 0 IíiJ impacts to soils or fannlands, or impacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of 0 0 0 IíiJ an established community (including a low- income or minority community)? Comments: The project is an extension of a geographic designation for economic incentives to companies that use recycled materials as feedstock for manufacturing. The project does not change zoning, land use patterns or planning, and therefore, no impacts to land use or planning would result. n. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local 0 0 0 IíiJ population projections? b) Induce substantial growth in an area either 0 0 0 IíiJ directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable 0 0 0 IíiJ housing? Comments: As the project would not result in any physical development, the project does not have the capacity to affect population distributions, housing or future growth. m GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Unstable earth conditions or changes in 0 0 0 181 geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 IíiJ overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 181 features? d) The destruction, covering or modification of 0 0 0 181 any unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 0 0 IíiJ either on or off the site? ,A-Sf .Page 1 Pote..ti.lty POIEWo.Jly Si~nifiQal Leu Ib.n Sipificaal tJllieu Si¡:-niriunt " llllpacl Milil!.led Im~cl Imp.ct f) Changes in deposition or erosion of beach 0 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 0 0 ~ hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? Comments: As the project would not result in any physical development, the project does not have the capacity to have any geophysical effects. IV. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, 0 0 0 ~ or the rate and amount of surface runoff? b) Exposure of people or property to water related 0 0 0 ~ hazards such as flooding or tidal waves? c) Discharge into surface waters or other alteration 0 0 0 ~ of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 ~ water body? e) Changes in currents, or the course of direction 0 0 0 ~ of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 ~ through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? g) Altered direction or rate of flow of 0 0 0 ~ groundwater? h) Impacts to groundwater quality? 0 0 0 ~ i) Alterations to the course· or flow of flood 0 0 0 ~ waters? j) Substantial reduction in the amount of water 0 0 0 ~ otherwise available for public water supplies? Comments: As the project would not result in any physical development, the project does not have the capacity to affect any water resources. V. Am QUALITY. Would the proposal: a) Violate any air quality standard or contribute to 0 0 0 ~ an existing or projected air quality violation? ,A -.:) t!J... Page .J POluü.lI,. POlnUalty SilnifiulIl Lcsllban SipilicaDt Ullless SipilicaDI N. Impact Mjli~aled Impact Impact b) Expose sensitive receptors to pollutants? 0 0 0 [81 c) Alter air movement, moisture, or temperature, 0 0 0 [81 or cause any change in climate, either locally or regjonally? d) Create objectionable odors? 0 0 0 [81 e) Create a substantial increase in stationary or 0 0 0 [81 non-stationary sources of air emissions or the deterioration of ambient air quality? Comments: As the project would not result in any physical development, it does not have the capacity to affect air quality. VI. TRANSPORTATION/CmCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? 0 0 0 [81 b) Hazards to safety from design features (e.g., 0 0 0 [81 sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 [81 nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 [81 e) Hazards or barriers for pedestrians or bicyclists? 0 0 0 [81 f) Conflicts with adopted policies supporting 0 0 0 [81 alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 [81 h) A "large project" under the Congestion 0 0 0 [81 Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: As the project would not result in any physical development, the project does not have the capacity to result in any significant traffic impacts. VII. BIOLOGICAL RESOURCES. Would the proposal result in impacts to: a) Endangered, sensitive species, species of 0 0 0 [81 concern or species that are candidates for . listing? b) Locally designated species (e.g., heritage trees)? 0 0 0 [81 A ~.s.3 Page 4 Potll:nti.Uy POICllLially Sipilio;allt Leu 1..11 Sipilitalll UIIIII:SI $cnilio;aQI " IlDp.ct Miti¡:nrd Imp.c:t hnp.ct C) Locally designated natural communities (e.g. 0 0 0 I8I oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and vernal 0 0 0 I8I pool)? e) Wildlife dispersal or migration corridors? 0 0 0 I8I f) Affect regional habitat preservation planning 0 0 0 I8I efforts? Comments: As the project would not result in any physical development, it does not have the capacity to result in any significant biological effects. vm. ENERGY AND MINERAL RESOURCES. Would the proposal: a) Conflict with adopted energy conservation 0 0 0 I8I plans? b) Use non-renewable resources in a wasteful and 0 0 0 I8I inefficient manner? c) If the site is designated for mineral resource 0 0 0 I8I protection, will this project impact this protection? Comments: Approval of the project may result in some businesses in the city to receive discounted energy rates. However, it is not expected that this would result in a net increase in energy consumption, particularly since the preparation of recycled materials for feedstock generally requires less energy than preparation of virgin materials. IX. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of 0 0 0 I8I hazardous substances (including, but not limited to: petroleum products, pesticides, chemicals or radíation)? b) Possible interference with an emergency 0 0 0 I8I response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 I8I health hazard? d) Exposure of people to existing sources of 0 0 0 I8I potential health hazards? e) Increased fire hazard in areas with flammable 0 0 0 I8I brush, grass, or trees? Comments: The scope and nature of the project would not have the capacity to result in such impacts. X. NOISE. Would the proposal result in: /I-sri Page J --,------- POI~"ti.lly POlellúaDy Sic"ilinat Le" Ih." Sipiroc..-.t Unl~Q Sirnific..nt No 1m,..., M¡I¡g.l~d Imp.!:t Imp.ct a) Increases in existing noise levels? 0 0 0 181 b) Exposure of people to severe noise levels? 0 0 0 181 Comments: The scope and nature of the project would not have the capacity to result in any significant noise impacts. 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? 0 0 0 181 b) Police protection? 0 0 0 181 c) Schools? 0 0 0 181 d) Maintenance of public facilities, including 0 0 0 181 roads? e) Other governmental services? 0 0 0 181 Comments: The project does not involve any modification in uses or development that would result in any significant impacts to public services. Xll. Thresholds. Will the proposal adversely impact the 0 0 0 181 City's Threshold Standards? City Threshold Standards are not applicable to this project. Impacts related to actual development of the project area have been analyzed in previous environmental documentation. Xli. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alteratjans to the following utjlities: a) Power or natural gas? 0 0 0 t81 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 0 181 f) Solid waste disposal? 0 0 0 181 Comments: The project does not propose any modification in use or development that would result in significant impacts to utilities and services. /1-~ Page ó Potentially PoInt1.Jly Si¡niriant Lna than Sõpilialll Unlna Silniliant " hllpllcl Mitigated Impact Impn! XIV. AESTHETICS. Would the proposal: a) Obstruct any scenic vista or view open to the 0 0 0 r8J 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 0 0 0 r8J scenic route? c) Have a demonstrable negative aesthetic effect? 0 0 0 r8J d) Create added light or glare sources that could 0 0 0 r8J increase the level of sky glow in an area or cause this project to fail to comply with Section 19.66.1 00 of the Chula Vista Municipal Code, Title 19? e) Produce an additional amount of spill light? 0 0 0 r8J Comments: The project would not result in any changes to design guidelines or requirements that could result in any significant environmental impact XV. CULTURAL RESOURCES. Would the proposal: a) Will the proposal result in the alteration of or 0 0 0 r8J the destruction or a prehistoric or historic archaeological site? b) Will the proposal result in adverse physical or 0 0 0 r8J aesthetic effects to a prehistoric or historic building, structure or object? c) Does the proposal have the potential to cause a 0 0 0 r8J physical change which would affect unique ethnic cultural values? d) Will the proposal restrict existing religious or 0 0 0 r8J sacred uses within the potential impact area? e) Is the area identified on the City's General Plan 0 0 0 r8J ErR as an area of high potential for archeological resources? Comments: As the project would not result in any physical development, it does not have the capacity to affect archeological resources. XVI. P ALEONTOLOGrCAL RESOURCES. Will the 0 0 0 r8J proposal result in the alteration of or the destruction of paleontological resoUrces? Comments: As the project would not result in any physical development, it does not have the capacity to affect paleontological resources. A -~-rø l'age I POll!nli.Uy POlnciaDy Sicnificaal Le.. Ib.n Sipirau-I UnlUII SiCnilic:.nt ,. IlIl'paa Mili,.ll!d Imp.C:1 Imp.c:t À"VII. RECREATION. Would the proposal: a) Increase the demand for neighborhood or 0 0 0 f8 regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 f8 c) Interfere with recreation parks & recreation 0 0 0 f8 plans or programs? Comments: The project would not change demand for recreational facilities or opportunities. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE: See Negative Declaration for mandatory findings of significance. If an EIR is needed, this section should be completed. a) Does the project have the potential to degrade 0 0 0 f8 the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self"sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods or California history or prehistory? Comments: The scope and nature of the project would not have the capacity to result in any such impacts. b) Does the project have the potential to achieve 0 0 0 f8 short-term, to the disadvantage of long-term, environmental goals? Comments: The scope and nature of the project would not have the capacity to result in any such impacts. c) Does the project have impacts that are 0 0 0 f8 individually 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: The scope and nature of the project would not have the capacity to result in any such impacts. d) Does the project have environmental effect 0 0 0 f8 which will cause substantial adverse effects on human beings, either directly or indirectly? ,II.s 7 .Page ~ PoleoliaJly PotntWIy Söp.ificaot Len Ihaa Sipifiool UnleS! Silnificanl ,. Impact Mitigaled hnpaCf Impact Comments: The scope and narure of the project would not have the capacity to result in any such impacts. A·~ Page ~ _____. _~_______~_~. ._ _._u. El\vìRONMENTAL FAClùRS 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. o Land Use and Planning o Transportation/Circulation o Public Services o Population and Housing o Biological Resources o Utilities and Service Systems o Geophysical o Energy and Mineral Resources o Aesthetics o Water o Hazards o Cultural Resources o Air Quality o Noise o Recreation o Mandatory Findings of Significance DETERMINATION: On the basis of this initial evaluation: I [rod that the proposed project COULD NOT have a significant effect on the environment, and . a l'ŒGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, 0 there will not be a significant effect in this case because the mitigation measures described on an =hed sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION 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 [md that the proposed project MAY have a significant effect(s) on the environment, but ar least 0 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. Jazc~ /¿?/5d/95 Date Environmental Projects Manager /1-59 J-'age 10 "'ì CHULA VISTA PLANNING & WASTE MANAGEMENT DOCUMENTS .- ;l -t, () ........................................................... SOUTH SAN DIEGO RAfOl RWESIGNATION APPLIC.4TION . CHULA VISTA EXPANSION V. PLANNING & WASTE MANAGEMENT DOCUMENTS FOR (HULA VISTA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The proposed Chula Vista RMDZ has been developed in accordance with the Citýs and with the region's waste management, economic development, and planning documents: Waste Management Both the Chula Vista SRRE (1991) and the regional Integrated Waste Management Plan (1996) discuss the importance of recycling market development and the development of a South San Diego RMDZ to include the City of Chula Vista. Within the SRRE, reference is made to "attract- ing recycling firms to the South Baý' (p.ES-3), "[t]he city will also provide market development assistance" (p.ES-3), and "...[e]ncouraging industrial and construction waste recyclers to locate in Chula Vista" through market development efforts (p.4-2). These market development activities are a selected medium-term program within the City of Chula Vista's SRRE. Within the County of San Diego Integrated Waste Management Plan, the Countywide Market Develapment Programs section specifically states that "[t]he County and the City of San Diego are working with the City of Chula Vista to expand this zone [the South San Diego RMDZ] to include the City of Chula Vista" (p.27). Economic Development As stated previously (p.3), the City of Chula Vista's Community Development Department mission statement specifically calls for the targeting of several industries in its economic develop- ment goals, including "enviro-tech", or environmental technology companies. Please refer to page 3 of this application for more details about the City of Chula Vista economic development goals. Planning Section III, General Description of RMDZ Expansion Jurisdiction - Chula VISta, includes a map detailing the existing zoning and land use for manufacturing/industrial development and . agricultural uses (including compos tin g) within the City. Determination of specific business development sites is subject to the permitting regulations that exist within the City for each· companýs industrial activity and the underlying zoning for each specific site. Thus, all develop- ment and permitting projects are or have been, subject to CEQA review either as a specific project or through the adoption of the Citýs zoning code regulations. .. A -b f @ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SOUTII S.-I....' Olf.l:O RMDZ R¡:PFjk;Y-U/{)N ApPl.h.':.-IrtO!\' . CHlIIA V'.";/A EXP.-\~;.'';I().\,; .' ., ) ApPENDICES ¡l-62- ........................................................... SOUTH SAX DIEGO RMDl RWESIGXATION APPLlC.4TIOX . CHULA VISTA EXP.4NSION ApPENDICES . . . . . . . . . . 1. EXISTING RMDZ & CHULA VISTA PROMOTIONAL MATERIALS 2. OTHER RELEVANT PROMOTIONAL MATERIALS 3. ADDITIONAL LETTERS OF SUPPORT A - fo3 @ ; . '~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sdll1îIS..,\·Dlil;l)R¡\t10ZRIPI..:.¡\:\-tiIU.\-Ai'i'LIl-AJ'/IJ.\. CJllI/_1 Vhl"E.\I'.-\~.";II).\ " t J COUNCIL AGENDA STATEMENT Item /3 Meeting Date 12/8/98 ITEM TITLE: Resolution )9'.2 9 ~pproving the designation of the Deputy Public Works Director/City Engineer as the position authorized to execute for and in behalf of the City of Chula Vista all "Program Supplement" agreements and related documents, applications and requests for reimbursement for the purpose of obtaining certain federal fmancial assistance in accordance with the Administering Agency-State Master Agreement for Federal Aid Projects No. 11-5203 SUBMIITED BY, DITœtoc of Publk W,," if ~ \ ~ BEVlEWED BY, Chy M""""'D\2-:t; --'! (415"" Vo", V~--"o.xJ ß ~n June 17, 1997, the Chula Vista City Coun I approved the Administering Agency-State Master Jß' 7 Agreement for Federal Aid Projects No. 11-5203. The Master Agreement provides the basis for all the transactions required through the State before Federal Aid funds can be released to the City. This resolution will authorize the Deputy Public Works Director/City Engineer to execute for and in behalf of the City of Chula Vista all "Program Supplement" agreements and related documents, applications and requests for reimbursement for the purpose of obtaining certain federal fmancial assistance in accordance with said Master Agreement for Federal Aid Projects. RECOMMENDATION: That Council approve a resolution designating the Deputy Public Works Director/City Engineer as the position authorized to execute for and in behalf of the City of Chula Vista all "Program Supplement" agreements and related documents, applications and requests for reimbursement for the purpose of obtaining certain federal financial assistance in accordance with the Administering Agency-State Master Agreement for Federal Aid Projects No. 11-5203 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On July 24, 1997, the City of Chula Vista and Caltrans entered into a "Master Agreement" regarding the administration and prosecution of federal aid projects. The federal highway legislation such as the Transportation Equity Act for the 21st Century (TEA-21) and the earlier Intermodal Surface Transportation Efficiency Act (ISTEA) require the City of Chula Vista to enter into said agreement with the State as represented by Caltrans. The City is also required to enter into supplemental agreements that pertain to specific projects that receive funding under said legislation. Once approved, this resolution will authorize the Deputy Public Works Director/City Engineer to execute for and in behalf of the City of Chula Vista all "Program Supplement" agreements and related documents, applications and requests for reimbursement for the purpose of obtaining certain federal fmancial assistance in accordance with said Master Agreement for Federal Aid Projects. FISCAL IMPACT: The City could potentially receive funding under different TEA-21 programs. Approval of this resolution would allow us to process the State/Federal financial assistance documents in an efficient manner that results in a positive fiscal impact. Attachments File Nos. 0220-30-LY118 & O4OO-oS-KY013 & Ol40-30-LY072 H:IHOMEIENGINEERIAGENDA IFHW A-REP.SMN /;1-/ ~'..-- __ __ __._.._._.__'..m.__···__ RESOLUTION NO. ;þ?d.-9t? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DESIGNATION OF THE DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER AS THE POSITION AUTHORIZED TO EXECUTE FOR AND IN BEHALF OF THE CITY OF CHULA VISTA ALL "PROGRAM SUPPLEMENT" AGREEMENTS AND RELATED DOCUMENTS, APPLICATIONS AND REQUESTS FOR REIMBURSEMENTS FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE IN ACCORDANCE WITH THE ADMINISTERING AGENCY - STATE MASTER AGREEMENT FOR FEDERAL AID PROJECTS NO. 11-5203 WHEREAS, on June 17, 1997, the Chula vista City Council approved the Administering Agency-State Master Agreement for Federal Aid Projects No. 11-5203; and WHEREAS, the Master Agreement provides the basis for all the transactions required through the State before Federal Aid funds can be released to the City; and WHEREAS, this resolution will authorize the Deputy Public Works Director/City Engineer to execute for and in behalf of the City of Chula vista all "Program Supplement" agreements and related documents, applications and requests for reimbursement for the purpose of obtaining certain federal financial assistance in accordance with said Master Agreement for Federal Aid Projects. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula Vista does hereby approve the designation of the Deputy Public Works Director/City Engineer as the position authorized to execute for and in behalf of the city of Chula Vista all "Program Supplement" agreements and related documents, applications and requests for reimbursement for the purpose of obtaining certain federal financial assistance in accordance with the Administering Agency-State Master Agreement for Federal Aid Projects No. 11-5203. Presented by Approved as to form by John P. Lippitt , Director of orney Public Works H:\home\lorraine\rS\11-S203.agr /:?~2 -- --- _.----~-- ATTACHMENT I COUNCIL AGENDA STATEMENT Item l'j Meeting Date 6/17/97 ITEM TITLE: Resolution / g--? t:l ~proving Administering Agency - State Master Agreement for Federal Aid Projects, No. 11-5203 in the City of Chula Vista and Authorizing the Mayor to Execute the Agreement SUBMITTED BY: REVIEWED BY: (4/Sths Vote: Yes _ No.xJ Prior to the receipt of Federal funds for any local Federal Aid highway-oriented project, the City and the State are required to enter into a master agreement relative to prosecution of said projects and maintenance of the completed facilities. The previous master agreement was approved in 1978. The updated master agreement now before Council sets forth the conditions for Federal Aid project improvements, right of way, fiscal provisions, miscellaneous provisions and maintenance. This agreement is similar to the previously approved agreement which was modified to reflect the new provisions of the Intennodal Surface Transportation Efficiency Act (ISTEA) and modified Local Assistance procedures. The State has requested that all agencies sign the updated master agreement. RECOMMENDATION: That Council approve the Resolution Approving Administering Agency - State Master Agreement for Federal Aid Projects, No. 11-5203 in the City of Chula Vista and authorizing the Mayor to Execute the Agreement BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Federal legislation known as the Intennodal Surface Transportation Efficiency Act (ISTEA) and State legislation provide that certain Federal funds, surface Transportation Program (RSTP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ), may be made available for use on local transportation facilities of public agencies qualified to receive federal funds. Before Federal aid will be made available for a specific program project the local agency and State are required to enter into an agreement relative to prosecution of said project and maintenance of the completed facility. The agreement is a standard master agreement prepared by the State for execution by all participating local agencies. Supplements to the master agreement covering individual projects will be executed to implement specific projects. The previous master agreement was executed in 1978. The updated master agreement now before Council has been modified to include the new provisions of the ISTEA and the Local Programs Procedure which outlines the new procedures to be followed by local agencies in administering Federal-aid funded projects. The provisions included in the updated master agreement are: jPf 13 ~ ;J _.._-.-,.. - -.-._----_._.._._..__..~ . Page 2, Item Meeting Date 6/17/97 1. Project administration-- outlines general administration procedures for projects. 2. Rights of way-- outlines procedures for right of way acquisition for projects. 3. Management and maintenance of Property- provides for the future management and maintenance of completed projects/facilities. 4. Fiscal Provisions-- outlines procedures for project financing and payment of project costs 5. Retention of Records-- covers requirements for retention of records by the local agency (City) and requirement for independent audit if City receives more than $100,000 of Federal Aid per fiscal year. 6. Federal Lobbying Activities Certification--covers requirements for City certification that no state or federal funds have been paid to any State or Federal employee, officer or legislator to influence the award of any state or federal contract or, if said funds are paid, a diclosure fonn is to be filed. 7. Miscellaneous Provisions--includes hold harmless provisions, disclosure requirements, tennination of Agreement for failure to perfonn by City. 8. Tennination of Agreement-- covers tenns for tennination of Agreement and Program Supplements for individual projects. FISCAL IMP ACT: Execution of the master agreement will allow the City to be reimbursed for two approved Federal Aid (CMAQ) funded projects, Project TF 237, Adaptive Traffic Signal System funded for $700,000 and and Project TF234, Protective Pennissive Signals funded for $130,000 and the City will be eligible for additional funding and reimbursement for future projects. Attachment: Administering Agency - State Master Agreement (2) File: 400-05-KY013 H:\HOMElENGINEER\AGENDA \ISTEA.EAF May 30, 1997 (8:25am) ~ /:J~1 "-" -" - - - ----------_.._-~-- RESOLUTION NO. J<¿f?¿J? RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ADMINISTERING AGENCY - STATE MASTER AGREEMENT FOR FEDERAL AID PROJECTS, NO. 11-5203 IN THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, prior to the receipt of Federal funds for any local Federal Aid highway-oriented project, the City and the state are required to enter into a master agreement relative to prosecution of said projects and maintenance of the completed facilities; and WHEREAS, the previous master agreement was approved in 1978 and the updated master agreement sets forth the conditions for Federal Aid project improvements, right of way, fiscal provisions, miscellaneous provisions and maintenance; and WHEREAS, this agreement is similar to the previously approved agreement which was modified to reflect the new provisions of the Intermodal Surface Transportation Efficiency Act (ISTEA) and modified Local Assistance procedures; and WHEREAS, the State has requested that all agencies sign the updated master agreement. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby approve administering Agency -State Master Agreement for Federal Aid Project, No. 11-5203 in the City of Chula Vista, a copy of which is on file in the office of the city Clerk as Document No. . 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 John P. Lippitt, Director of Attorney Public Works C:\rs\11-5203.agr p¿ /3~ - ----~_.._- .~ " MASTER AGREEMENT ADMINISTERING AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS 11 City of Chula Vista District Administering Agency Agreement No. 11-5203 This AGREEMENT, made effective this day of , 1997, is by and between the City of Chula Vista, hereinafter referred to as "ADMINISTERJNG AGENCY," and the State of California, acting by and through the California Department of Transportation (Caltrans), hereinafter referred to as "STATE." WITNESSETH: WHEREAS, the Congress of the United States has enacted the IntermodaI Surface Transportation Efficiency Act of 1991 to fund programs which include, but are not limited to, the Surface Transportation Program (RSTP), the Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation Enhancement Activities Program (TEA), and the Bridge Replacement and Rehabilitation Program (HERR) (collectively the "Programs"); and WHEREAS, the Legislature of the State of California has enacted legislation by which certain Federal funds (RSTP and CMAQ) may be made available for use on local transportation facilities of public entities qualified to act as recipients of these federal funds in accordance with the intent of Federal law; and WHEREAS, before Federal-aid will bé made available for a specific Program project, ADMINISTERJNG AGENCY and STATE are required to enter into an agreement relative to prosecution of said project and maintenance of the completed facility. NOW, THEREFORE, the parties agree as follows: ARTICLE I - PROJECT ADMINISTRATION 1. This AGREEMENT shall have no force or effect with respect to any Program project unless and until a project-specific Program Supplement to this AGREEMENT for Federal-aid Projects, hereinafter referred to as "PROGRAM SUPPLEMENT," has been executed. 2. The term "PROJECT," as used herein, means that authorized project fmanced in part with Federal funds as further described in an "Authorization to Proceed" document executed by STATE, in the subsequent specific PROGRAM SUPPLEMENT, and in a Federal-aid Project Agreement (PR-2). 3. The Financial commitment of STATE administered federal funds will occur only upon the execution of this AGREEMENT, and the execution of each project-specific PROGRAM SUPPLEMENT and PR-2. ~ /;1r-~ 11/29/95 , . 4. ADMINISTERING AGENCY further agrees. as a condition to payment of funds obligated to a PROJECT. to comply with all the agreed-upon Special Covenants or Remarks attached to the PROGRAM SUPPLEMENf identifying and defining the nature of the specific PROJECT. 5. The PROGRAM SUPPLEMENT shall designate the party responsible for implementing the various phases of the PROJECT, the Federal funds requested. and the matching funds to be provided by ADMINISTERING AGENCY and/or STATE. Adoption of the PROGRAM SUPPLEMENT by ADMINISTERING AGENCY and approval by STATE shall cause such PROGRAM SUPPLEMENT to be executed and be a part of this AGREEMENT as though fully set forth herein. Unless otherwise expressly delegated in a resolution by the ADMINISTERING AGENCY's governing body, the PROORAM SUPPLEMENf shall be approved and managed by the ADMINISTERING AGENCY's governing body. 6. ADMINISTERING AGENCY shall conform to all State statutes. regulations and procedures (including those set forth in LPP 95-07, "Reengineering,· and subsequent approved revisions . and Local Programs Manual updates, hereafter referred to as REENGINEERED PROCEDURES) relating to the Federal-aid Program. all Title 23 Federal requirements, and all applicable Federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise designated in the approved PROGRAM SUPPLEMENf. 7. If PROJECT involves work on the State highway system. it shall also be the subject of a separate standard form of encroachment permit and. where appropriate, a cooperative agreement between STATE and ADMINISTERING AGENCY to determine how the PROJECT is to be constructed. 8. If PROJECT is not on STATE-owned right of way. PROJECT shall be constructed in accordance with REENGINEERED PROCEDURES. The REENGINEERED PROCEDURES describe minimum statewide design standards for local agency streets and roads. The REENGINEERED PROCEDURES for projects off the National Highway System (NHS) allow the STATE to a=pt either the minimum statewide design standards or ADMINISTERING AGENCY -approved geometric design standards. Also. for projects off the NHS. STATE will a=pt ADMINISTERING AGENCY-approved standard specifications. standard plans. and materials sampling and testing quality assurance programs that meet the conditions described in the REENGINEERED PROCEDURES. 9. When PROJECT is not on theState highway system but includes work to be performed by a railroad. the conttact for such work: shall be prepared by ADMINISTERING AGENCY or by STATE. as the parties may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract. . 10. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. As provided in .the REENGINEERED PROCEDURES. work may be performed by a consultant(s). provided a fully qualified and licensed employee of ADMINISTERING AGENCY is in responsible charge. 11. The Congress of the United States. the Legislature of the State of California. and the Governor of the State of California, each within their respective jurisdiction, have prescribed certain employment practices with respect to work financed with Federal or State funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit A attached hereto) whenever State funds finance part of the PROJECT. and the NONDISCRIMINATION ASSURANCES (Exhibit B attached hereto). ADMINISTERING AGENCY further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for -' /è'~/3-? 11/29/95 __ - __ _n_ _ _ _______.. __ ..________...._...__ __~._._.__...._ perfonnance of work connected with the PROJECT shall incorporate Exhibits A (whenever State funds finance part of the PROJECI) and Exhibit B (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement ARTICLE II - RIGHTS OF WAY l. No contract for the construction of a Federal-aid PROJECT shall be awarded until the necessary rights of way have been secured. Prior to the advertising for construction of the PROJECf, ADMINISTERING AGENCY shall cerrify and, upon request, shall furnish STA1E with evidence that necessary rights of way are available for construction purposes or will be available by the rime of award of the construction contract 2. ADMINISTERING AGENCY agrees to indemnify and hold STA1E harmless from any liability which may result in the event the right of way for a PROJECT is not clear as certified. The furnishing of right of way as provided for herein includes, in addition to all real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to real property not actUally taken but injuriously affected by PROJECT. ADMINIS1ERING AGENCY shall pay, from its own non-matching funds, any costs which arise out of delays to the construction of the PROJECf because utility facilities have not been removed or relocated, or because rights of way have not been made available to ADMINISTERING AGENCY for the orderly prosecution of PROJECf work. 3. Subject to STA1E approval and such supervision as is required in REENGINEERED PROCEDURES over ADMINISTERING AGENCY's right of way acquisition procedures, ADMINISTERING AGENCY may claim reimbursement from Federal funds for expenditures to purchase only n=SS"ry rights of way included in PROJECT after crediting PROJECf with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY. 4. When real property rights are to be acquired by ADMINISTERING AGENCY for a PROJECT, said ADMINISTERING AGENCY must carry out that acquisition in compliance with the Federal Unifonn Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 5. Whether or not Federal-aid is to be requested for right of way, should ADMINISTERING AGENCY, in acquiring right of way for PROJECT; displace an individual, family, business, fann operation, or non-profit organization, relocation payments and services will be provided as set forth in Chapter 5 of Title 23, U.S. Code. The public will be adequately infonned of the relocation payments and services which will be available; and, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from hislher dwelling or to move hislher business or fann operation without at least 90-days written notice from ADMINISTERING AGENCY. ADMINISTERING AGENCY will provide STA1E with specific assurances, on each portion of the PROJECT, that no person will be displaced until comparable decent, safe and sanitary replacement housing is available within a reasonable period of rime prior to displacement, and that ADMINISTERING AGENCY's relocation program is realistic and adequate to provide orderly, timely and efficient relocation of displaced persons for the PROJECf as provided in Federal Highway Programs Manual (FHPM 7-5). 6. In all real property transactions acquired for the PROJECT, following recordation of the deed or such other recorded instrument evidencing title in the name of the ADMINISTERING AGENCY or their assignee, there shall also be recorded a separate document which is an . Agreement Declaring Restrictive Covenants. n Said Agreement Declaring Restrictive Covenants will incorporate the assurances included within Exhibits A and B and Appendices A, B, C and D, as appropriate, when executed by ADMINISTERING AGENCY. -- ~~ /3 -s- 11/29/95 -"-_."_... ARTICLE ill . MANAGEMENT AND MAINTENANCE OF PROPERTY l. ADMINIS1ERING AGENCY will maintain and operate the PROJECT property acquired, developed. rehabilitated, or restored for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINIS1ERING AGENCY or its successors in interest in the property may transfer this obligation and responsibility to maintain and operate the property to another public entity. 2. Upon ADMINIS1ERING AGENCY acceptance of the completed Federal-aid construction contract or upon contractor being relieved of the responsibility for maintaining and protecting a portion of the work, the agency having jurisdiction over the PROJECT shall maintain the completed work in a manner satisfactory to the authorized representatives of STATE and the United States. If, within 90 days after receipt of notice from STATE that a PROJECT, or any portion thereof, under ADMINIS1ERING AGENCY's jurisdiction is not being properly maintained and ADMlNIS1ERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future Federal-aid projects of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of maintenance satisfactory to STATE and Ùle Federal Highway Admini~tration.· The provisions of this section shall not apply to a PROJECT which has been vacated through due process of law. 3. The maintenance referred to in paragraph 2, above, includes not only the physical condition of the PROJECT but its operation as well. PROJECT shall be maintained by an adequate and well-trained staff of engineers and/or such oÙler professionals and technicians as the project requires. Said maintenance staff may be employees of ADMINISTERlNG AGENCY, another unit of government, or a contractor under agreement with ADMINIS1ERING AGENCY. All maintenance will be peñormed at regular intervals or as required for efficient operation of the complete PROJECT improvements. ARTICLE IV - FISCAL PROVISIONS 1. The PROJECT, or portions thereof, must be included in a Federally-approved Statewide Transportation Improvement Program (FSTIP) prior to ADMINIS1ERING AGENCY submittal of the "Request for Authorization." 2. State and Federal funds will not participate in PROJECT wolk performed in advance of approval of the "Authorization to Proceed." The parties shall execute a PROGRAM SUPPLEMENT between STATE and ADMINIS1ERING AGENCY subsequently incorporating the "Authorization to Proceed. " 3. ADMlNIS1ERING AGENCY may submit invoices in arrears for reimbursement of participating PROJECT costs on a monthly or quarterly progress basis once Ùle PROJECT PROGRAM SUPPLEMENT has been executed by STATE and the PR-2 has been executed by FHW A. The total of all amounts claimed, plus any required matching funds, must not exceed the actual total allowable costs of all completed engineering work, right of way acquisition, and construction. 4. Invoices shall be submitted on ADMINIS1ERING AGENCY letterhead and shall include this AGREEMENT number, Federal-aid project number, and Progress billing number for the PROJECT, and shall be in accordance with REENGINEERED PROCEDURES. 5. The estimated total cost of PROJECT, the amounts of Federal-aid programmed, and the matching amounts agreed upon may be adjusted by mutual consent of the parties hereto in a Finance LetterlDetail Estimate and a PR-2 document which are to be considered as part of this AGREEMENT. Federal-aid program amounts may be increased to cover PROJECT cost increases only if such funds are available and FHW A concurs with that increase. ,k' fi-7 /:J~J 11129/95 6. When additional federal-aid funds are not available, Ùle ADMINISTERING AGENCY agrees that the payment of FedeiaJ. funds will be limited to the amounts approved by the PR-2, or its modification (PR-2A), and agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY funds. 7. ADMINISTERING AGENCY shall use its own nonfederal-aid funds to finance Ùle local share of eligible costs and all expenditures ruled ineligible for financing with Federal funds. STATE shall make the detennination of ADMINISTERING AGENCY cost eligibility for Federal fund financing. 8. Any overpayment to ADMINISTERING AGENCY of amounts invoiced shall be returned to STATE by ADMINISTERING AGENCY upon written demand. 9. ShOlùd ADMINISTERING AGENCY fail to refund all moneys due STATE as provided hereunder or should ADMINISTERING AGENCY breach this Agreement by failing to complete PROJECT, then. within 30 days of demand, or within such other period as may be agreed to in wriùng between the parties hereto, STATE. acùng through the State Conttoller, the State Treasurer, or any other public agency, may withhold or demand a transfer of an amount equal to the amount owed to STATE from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other funds and/or may withhold approval of future ADMINISTERING AGENCY Federal-aid projects. 10. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Conttoller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, pursuant to Article IV - 9, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder. ARTICLE V . RETENTION OF RECORDS/AUDITS l. For the purpose of determining compliance with Public Contract Code Section 10115, et seq. and Title 21, CalifOI1Ùa Code of Regulations, Chapter 21, Section 2500 et, seq., when applicable, and other matters connected with the perfonnanceof the Agreement pursuant to Government Code Section 10532, ADMINISTERING AGENCY and any third party under contract with ADMINISTERING AGENCY shall retain all original records to the project financed with Federal funds and shall make records available upon request by Federal and State representatives. Following final settlement of the project costs with FHW A the records/documents may be microfilmed by the ADMINISTERING AGENCY, but in any event shall be retained for a period of three years from STATE payment of the final voucher, or a four-year period from the date of the final payment under the contract, whichever is longer. ADMINISTERING AGENCY shall retain records/documents longer if required in wriùng by STATE. 2. Per the ·Single Audit Act of 1984, any ADMINISTERING AGENCY that receives $100,000.00 or more per fiscal year in Federal Financial Assistance shall have an audit perfonned by an independent audit firm per the Single Audit Act - (see OMB-AI28, "Audits of State and Local Governments"). ARTICLE VI - FEDERAL LOBBYING ACTIVITIES CERTIFICATION l. By execution of this AGREEMENT, ADMINISTERING AGENCY certÌf1es, to the best of the signatory officer's knowledge and belief, that .- ß"~ /-:I-lcJ 11/29/95 A. No STATE or Federal appropriated funds have been paid or will be paid, by or on behalf of ADMINISTERING AGENCY, to any person for influencing or attempting to influence an officer or employee of any STATE or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding of any STATE or Federal contract including this Agreement, the making of any STATE or Federal loan, the entering into of any cooperative contract, and the extension, continuation, renewal, amendment, or modification of any STATE or Federal contract, grant, loan, or cooperative contract. B. If any funds other than Federal appropriated funds have been paid, or will be paid, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Agreement, grant, local, or cooperative contract, ADMINISTERING AGENCY shall complete and submit Standard Form-LLL, "Disclosure Form to Rep Lobbying," in accordance with the form instructions. C. 1bis certification is a material representation of fact upon which reliance was placed when this Agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this Agreement imposed by Section 1352, TItle 31, U.S. Code. Any party who fails to file the reqcired certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. ADMINISTERING AGENCY also agrees by signing this document that the language of this certification will be included in all lower tier sub-agreements which exceed $100,000 and that all such sulrrecipients shall certify and disclose accordingly. ARTICLE VII . MISCELLANEOUS PROVISIONS 1. Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE, its officers, and employees from all claims, suits or actions of every name; kind and description brought for, or on account of, injury (as defined in Government Code Section 810.8) occurring by reason of anything done, or omitted to be done, by ADMINISTERING AGENCY under, or in connection with, any work, authority or jurisdiction delegated to ADMINISTERING AGENCY under this Agreement. STATE reserves the right to represent itself in any litigation in which STATE's interests are at stake. 2. Neither ADMINISTERING AGENCY nor any officer or employee thereof, shall be responsible for any damage or liability occurring by reason of anything done, or omitted to be done, by STATE under, or in connection, with any work, authority, or jurisdiction delegated to STATE under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold ADMINISTERING AGENCY harmless from any liability imposed for injury (as defmed by Government Code Section 810.8) occurring by reason of anything done, or omitted to be done, by STATE under, or in connection with, any work, authority, or jurisdiction delegated to STATE under this Agreement ADMINISTERING AGENCY reserves the right to represent itself in any litigation in which ADMINISTERING AGENCY's interests are at stake. 3. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this Agreement, shall act in an independent capacity and -" not as officers, employees or agents of STATE. /~ J:t---// 11/29/95 4. STATE may terÎninate this AGREEMENT wiÙl ADMINISTERING AGENCY should ADM1NIS1ERING AGENCY fail to perfonn the covenants herein contained at the time and in the manner herein provided. In the event of such terminarion, STATE may proceed with the PROJEcr work in any manner deemed proper by STATE. If STATE terminates this AGREEMENT with ADMINISTERING AGENCY, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under this AGREEMENT prior to termination, provided, however, that the cost of PROmer completion to STATE shall fust be deducted from any sum due ADMINISTERING AGENCY under this AGREEMENT, and the balance, if any, shall then be paid ADMINIS'IERlNG AGENCY upon demand. 5. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part. 6. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or Agreement not incorporated herein shall be binding on any of the parties hereto. 7. ADMINISTERING AGENCY warrants, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the work actu.a11y perfonned, or in STATE's discretion, to deduct from the price of consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 8. In accordance with Public Contract Code Section 10296, ADMINIS'IERlNG AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by. a Federal court has been issued against ADMINISTERING AGENCY within the inimediate preceding two-year period because of ADMINISTERING AGENCY's failure to comply with an order of a Federal court that orders ADMINISTERING AGENCY to comply with an order of the Narional Labor Relations Board. 9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE or the FHW A that may have an impact upon the outcome of this AGREEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of this AGREEMENT. 10. ADMINISTERING AGENCY hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the perfonnance of PROmer under this AGREEMENT. 11. ADMINISTERING AGENCY warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful considerarion either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its discretion, to tenninate this AGREEMENT without liability, to pay only for the work actually perfonned, or to deduct from the PROGRAM SUPPLEMENT price or otheI:Wise recover the full amount of such rebate, kickback, or other unlawful consideration. 12.· This Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature that may affect the provisions, tenns, or funding of this AGREEMENT in any manner. /" ~ J3~--¡2 11/29/95 ARTICLE VIII . TERMINATION OF AGREEMENT 4 1. "This Agreement and any PROGRAM SUPPLEMENT(s) executed under this AGREEMENT shall terminate upon 60 days' prior written notice by STATE. 2. Each separate PROGRAM SUPPLEMENT shall separately establish the term and funding limits for each described PROJECT funded under this Federal-aid program. No STATE or l'1IW A funds are obligated against this AGREEMENT. IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officers. STATE OF CALIFORNIA ClTY OF CHULA VISTA IE'ARTMENTCF1RANSPCRTAIIrn By By Chief, Office of Local Programs ADMINISTERING AGENCY Project Implementation Representative Name & Title (Authorized Governing Body Representative) Date Date - y ßþ/1 /3"'-/~ 11/29/95 _'__ ____ _ _.,·,_.u_.___ ....._._...._._ .. EXHIBIT A FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment because of race, color, sex, religion, ancestry or national origin. ADMINISTERING AGENCY will take affirmative action 10 ensure that employees are treated during employment, without regard to their race, sex, actual or perceived sexual orientation, color, religion, . ancestry, or national origin. Such action shall include, but not be limited 10, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, inc1udingapprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available 10 employees for employment, notices 10 be provided by STATE setting forth the provisions of this Fair Employment section. 2. ADMINISTERING AGENCY will permit access 10 the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement. 3. Remedies for Willful Violation: (a) STATE may determine a willful violation of the Fair Employment provision 10 have occurred upon receipt of a final judgment 10 that effect from a court in an action 10 which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commk~on that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employ- ment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Provision, STATE shall have the right 10 terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof 10 STATE 10 cure ADMINISTERING AGENCY's breach of this Agreement. - /T~ /3-;/;/ 11/29/95 < .. EXHIBIT B NONDlSCRIMINA nON ASSURANCES ADMINIS1ERING AGENCY HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the STATE, acting for the U.S. Department of Transportation, it will comply with Title VI of the Civil Rights Act of 1964. 78 Stat 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4 (hereinafter referred to as the ACT), and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Pan 21, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964" (hereinafter referred to as the REGULATIONS), the Federal-aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with the ACT, REGULATIONS, and other pertinent directives. no person in the United States shall, on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of. or be otherwise subjected to discrimination under any program or activity for which ADMINISTERING AGENCY receives Federal financial assistance from the Federal Department of Transportation, ADMINIS1ERING AGENCY HEREBY GIVES ASSURANCE THAT ADMINISTERING AGENCY will promptly take any measures necessary to effectuate this agreement This assurance is required by subsection 21.7(a) (1) of the REGULATIONS. More specifically, and without limiting the above general assurance, ADMlNIS1ERING AGENCY hereby gives the following specific assurances with respect to its Federal-aid Program: 1. That ADMINIS1ERING AGENCY agrees that each "program" and each "facility" as defined in subsections 21.23 (e) and 21.23 (b) of the REGULATIONS, will be (with regard to a "program") conducted, or will be (with regard to a "facility") operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. 2. That ADMINISTERING AGENCY shall insert the following notification in all solicitations for bids for work or material subject to the REGULATIONS made in connection with the Federal-aid Program and. in adapted form. in all proposals for negotiated agreements: ADMINISTERING AGENCY hereby notifies all bidders that it will affirmatively insure that in any agreement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award. 3. That ADMINIS1ERING AGENCY shall insert the clauses of Appendix A of this assurance in every agreement subject to the ACT and the REGULATIONS. 4. That the clauses of Appendix B of this Assurance shall be included as a covenant running with the land. in any deed effecting a transfer of real property, sttuctures. or improvements thereon, or in terest therein. 5. That where ADMINISTERING AGENCY receives Federal financial assistance to consttuct a facility, or pan of a facility. the Assurance shall extend to the entire facility and facilities operated in connection therewith. - ~ J.!bI-5 ) :I ~;--Š-- 11129/95 .---.......- 6. That where ADMINIS1ERING AGENCY receives Federal financial assistance in the fOIm, or for the acquisition, of real property or an interest in real property, the Assurance shall extend to rights to space on, over, or under such property. 7. That ADMINIS1ERING AGENCY shall include the appropriate clauses set forth in Appendix C and D of this Assurance, as a covenant running with the land, in any future deeds, leases, pennits, licenses, and similar agreements entered into by the ADMINIS1ERING AGENCY with other parties: Appendix C; (a) for the subsequent transfer of real property acquired or improved under the Federal- aid Program; and Appendix D; (b) for the construction or use of or access to space on, over, or under real property acquired, or improved under the Federal-aid Program. 8. That this assurance obligates ADMINISTERING AGENCY for the period during which Federal financial assistance is extended to the program, except where the Federal fmancial assistance is to provide, or is in the fOIm of, personal property or real property of interest therein, or structures, or improvements thereon, in which case the assurance obligates ADMINISTERING AGENCY or any tranSferee for the longer of the following periods: (a) the period during which the property is used for a pwpose for which the Federal financial assistance is extended, or for another pwpose involving the provision of similar services or benefits; or (b) the period during which ADMINIS1ERING AGENCY retains ownership or possession of the property. 9. That ADMINISTERING AGENCY shall provide for such methods of administration for the program as are found by the U.S. Secretary of Transportation, or the official to whom he delegates specific authority, to give reasonable guarantee that ADMINISTERING AGENCY, other recipients, sub- grantees, applicants, sub-applicants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed by, or pursuant to, the ACT, the REGULATIONS, this Assurance and the Agreement. 10. That ADMINISTERING AGENCY agrees that the United Sta.tes and the State of California have a right to seekjudicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this Assurance. TI:IIS ASSURANCE is given in consideration of and for the pwpose of obtaining any and all Federal grants, loans, agreements, property, discounts or other Federal financial assistance extended after the date hereof to ADMINISTERING AGENCY by STATE, acting for the U.S. Department of Transportation, and is binding on ADMINISTERING AGENCY, other recipients, subgrantees, applicants, sub-applicants, transferees, successors in interest and other participants in the Federal-aid Highway Program. - ß j.fþfl( JJ---/~ 11129/95 _._-~-,...- --.-- ..-.-....-...-- ..- '.-._-- ; . APPENDIX A TO EXHIBIT B During the petformance of this Agreement, ADMINISTERING AGENCY, for itself, its assignees and successors in interest (hereinafter collectively referred to as ADMINISTERING AGENCY) agrees as follows: (1) Compliance with Re!!Ulations: ADMINISTERING AGENCY shall comply with the regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement (2) Nondiscrimination: ADMINISTERING AGENCY, with regard to the work petfonned by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of mate~ and leases of equipment ADMINISTERING AGENCY shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the agreement covers a program set forth in Appendix B of the REGULATIONS. (3) Solicitations for Sub-a!ITeements. Inc1udinl? Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by ADMINISTERING AGENCY for work to be petfonned under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by ADMINISTERING AGENCY of the ADMINISTERING AGENCY's obligations under this Agreement and the REGULATIONS relative to nondiscrimination on the grounds of race, color, or national origin. . (4) Information and Reports: ADMINISTERING AGENCY shall provide all information and reports required by the REGULATIONS, or directives issued pursuant thereto, and shall permit access to ADMINISTERING AGENCY's books, records, accounts, other sources of information, and its facilities as may be determined by STATE or FHW A to be pertinent to ascertain compliance with such REGULATIONS or directives. Where any information required of ADMINISTERING AGENCY is in the exclusive possession of another who fails or refuses to furnish this information, ADMINISTERING AGENCY shall so certify to STATE or the FHW A as appropriate, and shall set forth what efforts ADMINISTERING AGENCY has made to obtain the information. (5) Sanctions for Noncompliance: In the event of ADMINISTERING AGENCY's noncompliance with the nondiscrimination provisions of this agreement, STATE shall impose such agreement sanctions as it or the FHW A may determine to be appropriate, including. but not limited to: (a) withholding of payments to ADMINISTERING AGENCY under the Agreement until ADMINISTERING AGENCY complies; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part (6) IncOI:poration of Provisions: ADMINISTERING AGENCY shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the REGULATIONS. or directives issued pursuant thereto. . ADMINISTERING AGENCY shall take such action with respect to any sub-agreement or procurement as STATE or FHW A may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event ADMINISTERING AGENCY becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, ADMINIS1ERING AGENCY may request STATE enter into such litigation to protect the interests of - STATE, and, in addition, ADMINISTERING AGENCY may request the United States to enter into such litigation to protect the interests of the United States. ~~ /3 -I? 11129/95 ·... APPENDIX B TO EXHIBIT B The following clauses shall be included in any and all deeds effecting or recording the transfer of PROJECT real property, structures or improvements mereon, or interest merein from me United States. (GRANTING CLAUSE) NOW, TIfEREFORE, the U.S. Department of Transportation, as authorized by law, and upon the condition that ADMINISTERING AGENCY will accept title to the Jands and maintain the project constructed mereon, in accordance wim Title 23, United States Code, the Regulations for me Administration of Federal-aid for Highways and me policies and procedures prescribed by me Federal Highway Administration of the Department of Transportation and, also in accordance with and in compliance wim the Regulations pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the ADMINISTERING AGENCY all the right, title, and interest of the U.S. Department of Transportation in, and to, said Jands described in Exhibit n A n attached hereto and made a part hereof. (HABENDUM CLAUSE) TO HAVE AND TO HOLD said Jands and interests therein unto ADMINISTERING AGENCY and its successors forever, subject, however, to the covenant, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal fmancial assistance is extended or for another purpose involving the provision of similar services or benefits and shall be binding on ADMINISTERING AGENCY, its successors and assigns: ADMINISTERING AGENCY, in consideration of the conveyance of said Jands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, . (1) that no person shall on the grounds of race, color, sex, national origin, religion, age or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (;) (and) * (2) . that ADMINISTERING AGENCY shall use the Jands and interests in Jands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the Department of Transportation - Effecroation of TitleVI of the Civil Rights Act of 1964, and as said Regulations may be amended (;) and (3) that in the event of breach of any of the above-mentioned nondiscrimination conditions, the U.S. Department of Transportation shall have a right to re-enter said lands and facilities on said land, and the above-described land and facilities shall thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this deed. * * Reverter clause and related language to be used only when it is determined that such a clause is - necessary in order to effectuate me purposes of Title VI of the Civil Rights Act of 1964. ~~ )J-/~ 11129/95 ...~.u -'. APPENDIX C TO EXHIBIT B The following clauses shall be included in any and all deeds, li=ses, leases, permits, or similar instruments entered into by ADMINISTERING AGENCY, pursuant to the provisions of Assurance 7(a) of Exhibit B. The grantee (licensee, lessee, perminee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a pan of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as covenant running with the land") that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S. Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, perminee, etc.), shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to terminate the (license, lease, permit etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMINISTERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands and facilities shall thereupon reven to and vest in and become the absolute property of ADMINISTERING AGENCY and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. ~ P7 /2-// 11129/95 -. APPENDIX D TO EXHIBIT B The following shall be included in all deeds, licenses, leases, permits, or similar agreements entered into by the ADMlNIS1ERING AGENCY, pursuant to the provisions of Assurance 7 (b) of Exhibit B. The grantee (licensee, lessee, permittee, etc., as appropriate) for himself, his personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds, and leases add· as a covenant running with the land") that: (1) no person on the ground ofrace, color, sex, national origin, religion, age or disability, shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, national origin, religion, age or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and (3) that the (grantee, licensee, lessee, permittee, etc.,) shall use the premises in compliance with the Regulations. - (Include in licenses, leases, permits, etc.)* That in the event of breach of any of the above nondiscrimination covenants, ADMINIS1ERING AGENCY shall have the right to terminate the (license, lease, permit, etc.) and to re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, lease, permit, etc.) had never been made or issued. (Include in deeds)* That in the event of breach of any of the above nondiscrimination covenants, ADMlNIS1ERING AGENCY shall have the right to re-enter said land and facilities thereon, and the above-described lands and facilities shall thereupon revert to and vest in and become the absolute property of ADMINISTERING AGENCY, and its assigns. * Reverter clause and related language to be used only when it is determined that such a clause is - necessary in order to effectuate the purposes of Title VI of the Civil Rights Act of 1964. ß ~ /:J~cW 11/29/95 -........-..--.-.-. COUNCIL AGENDA STATEMENT Item )if Meeting Date 12/8/98 ITEM TITLE: Resolution / ~.2 9/Rejecting non-responsive bid and accepting bid and awarding contract to California Turf for the purchase oftwo 84-inch riding mowers SUBMITTED BY: Director of Public Works ~ Director of Finance ~ REVIEWED BY: City Manage~ 'õ ~ (4/5ths Vote: Yes _ No X ) On September 26, 1998, an advertisement was placed in The Star News soliciting bids for the proposed City purchase of two riding mowers. In addition, six prospective bidders from the Purchasing Agent's bid list, including one local vendor, were contacted directly. On October 14,1998, the bids for the purchase of the two mowers were opened. Two bidders responded. Neither of these were local vendors. The lowest acceptable responsible bidder was California Turfwith a net total price of$57,471.70. RECOMMENDATION: That the City Council award the contract for two riding mowers to California Turf. DISCUSSION: The FY1998-99 equipment replacement budget provides for the replacement purchase of two riding mowers. The apparent low bidder, Powerland Equipment Co., offered a mower that had a narrower mowing deck than specified and did not have the capacity to recycle the cut turf for a net total price of$48,228.90. This will negatively influence the productivity of the mower and will add additional cost for turf nutrients. The bid was rejected as unacceptable by the Fleet Manager. FISCAL IMP ACT: Sufficient funds are available for this purchase. Sixty thousand dollars were appropriated for the two mowers. The total amount including taxes is $57,471.70 H:\HOME\ENGINEER\AGENDA \MOWERSJD )1/ --- ) .---.... RESOLUTION NO. )9 ~ <7 I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REJECTING NON-RESPONSIVE BID AND ACCEPTING BID AND AWARDING CONTRACT TO CALIFORNIA TURF FOR THE PURCHASE OF TWO 84 INCH RIDING MOWERS WHEREAS, on October 14, 1998, the following two bids were opened for the purchase of two riding mowers: Power land Equipment Co. $48,228.90 California Turf $57,471.70 WHEREAS, Powerland offered a mower that had a narrower mowing deck than specified and did not have the capacity to recycle the cut turf which will negatively influence the productivity of the mower and will add additional cost for turf nutrients; and WHEREAS, Powerland's bid was rejected as non-responsive by the Fleet Manager. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby reject the non-responsive bid of powerland Equipment Co. and award the contract to California Turn for the purchase of two 84 inch riding mowers. BE IT RESOLVED that the Mayor is hereby authorized and directed to execute said contract on behalf of the city of Chula vista. Presented by Approved as to form by John P. Lippitt, Director of Attorney Public Works H:\home\lorraine\rs\mower.bid /1---;)- - - --.,._--- -"._....._.~---_._-_.__.._---..._.-._- --.-...-. --..-.- COUNCIL AGENDA STATEMENT Item ~ Meeting Date 12/8/98 ITEM TITLE: Resolution ) 5':2. 9.1. Accepting the grading and wet utility bids received for Olympic Parkway and authorizing the EastLake Company to construct Olympic Parkway improvements between Hunte Parkway and the Olympic Training Center and Hunte Parkway between Olympic Parkway and South Greensview Drive and receive credit or reimbursement against Transportation Development Impact Fees SUBMITTED BY: Director of Public workp} REVIEWED BY: C¡~M,_ Q¡ i4!J (4/Sths Vote: Yes_No X) Staff recommends that this item be continued to the meeting of December 15, 1998. H:IHOMEIENGINEERIAGENDA IOL YMDIF3.EMC /~() COUNCIL AGENDA STATEMENT Item / k Meeting Date 12/8/98 ITEM TITLE: Public Hearing on Adoption of the Otay Ranch Village I and 5 Pedestrian Bridge Report and Establishment of the Otay Ranch Village I and 5 Pedestrian Bridge Development Impact Fee /J Ordinance .2 7 t 7 of the City Council of Chula Vista Establishing the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee to Pay for Pedestrian Bridge Improvements as a condition of issuance of building permits. ß Resolution /9:21;J Adopting the City of Chula Vista Pedestrian Bridge Development Impact Fee Report. SUBMITTED BY' D""",,,r "",,¡;, Woc~ ~ REVIEWED BY: City Manag~~ ~ ----r (4/5ths Vote: Yes_No_X) The developers of Otay Ranch SPA One are required to fund the fair share of constructing three pedestrian bridges within Villages 1 and 5. On May 14, 1998 both the McMillin Company and the Otay Ranch Company requested that a Development Impact Fee be created to spread the cost of these facilities over those areas benefitting from the proposed bridges. Tonight's public hearing will consider an ordinance to this effect. All affected property owners been noticed for the public hearing. RECOMMENDATION: That Council: 1. Conduct a Public Hearing on Adoption of the Otay Ranch Village 1 and 5 Pedestrian Bridge Report and Establishment of the Otay Ranch Village I and 5 Pedestrian Bridge Development Impact Fee. 2. Adopt an Ordinance Establishing the Otay Ranch Village I and 5 Pedestrian Bridge Development Impact Fee to Pay for Pedestrian Bridge Improvements as a condition of issuance of building permits. 3. Adopt a Resolution Adopting the City ofChula Vista Pedestrian Bridge Development Impact Fee Report. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The goal of the Otay Ranch General Development Plan is to organize land uses based upon a village concept to produce a cohesive, pedestrian friendly community, encourage non-vehicular trips and foster interaction amongst residents. The Otay Ranch General Development Plan also requires a non-auto circulation system, such as pedestrian walkways and bike paths, be provided between li--- I ---"---- Page 2, Item Meeting Date 12/8/98 villages and, where appropriate and feasible, a grade separated arterial crossing to encourage pedestrian activity between villages. The proposed pedestrian bridges (connecting Villages I and 5, 1 and 2, and 5 and 6) are an essential component of this non-auto circulation system. The location of the proposed bridges is presented in Exhibit A. The Tentative Map for Chula Vista Tract No. 96-04, covering all the property owned by the Otay Ranch Company within SPA One, was approved by Resolution Nos. 18398 and 18613. Council also approved two Tentative Maps for properties owned by the McMillin Company by Resolution Nos. 18686 and 19034. Conditions of approval of said tentative maps require that securities, guaranteeing the fair share of constructing the pedestrian bridges be provided prior to approval of the first final "B" map in SPA One. On May 14, 1998, the McMillin Company and the Otay Ranch Company requested that this requirement be met through the establishment of a Development Impact Fee (see Exhibit B). It has to be noted that Council has already approved eight [mal "B" maps in the Otay Ranch SPA One. Two additional maps for Units 2 and 3 of McMillin Otay Ranch are also on tonight Council's agenda. Because the DIF has not yet been established, the Supplemental Subdivision Improvement Agreement ("SSIA") for said maps requires developer to deposit cash equal to the estimated DIF amount for the "B" Map. In the SSIA, the developer also acknowledges that if no DIF mechanism is established for any reason, the City has the right to use the cash deposit for constructing said pedestrian bridges. The agreement also establishes that the developer shall pay the City any difference between the Final Map's fair share of the actual total costs incurred to construct the pedestrian bridges and the amount previously paid. Development Impact Fees (DIF), established pursuant to Government Code Section 66000, are charges levied by local governing bodies against developers for their fair share of capital funding for facilities needed by new development. The City currently maintains eight (8) Development Impact Fee Programs: one for drainage, four for sewerage infrastructure, one for public facilities, and two for transportation. Area of Benefit The Area of Benefit of the proposed DIF includes all the parcels located within the Otay Ranch SPA One, Villages 1 and 5 (See Exhibit A). Construction Cost Estimate The proposed DIF will fund I) the construction of a full bridge at La Media Road (connecting Villages 1 and 5), and 2) the construction of half of the two proposed bridges over Olympic Parkway (connecting Villages I and 2, and Villages 5 and 6). The bridge across La Media Road will be built in conjunction with the improvements for said street. The timing of construction of the two bridges across Olympic Parkway is tied to the development of Villages 2 and 6. Said Villages 2 and 6 will be required to provide the remaining funding (half of the cost) for constructing said facilities. The report entitled "City of Chula Vista Pedestrian Bridge Development Impact Fee Report" ("Pedestrian DIF Report") dated November 6, 1998 prepared by the consulting firm Development Planning & Financing Group provides the criteria and methodology followed in determining the DIF /¡, ~;;L Page 3, Item Meeting Date 12/8/98 (a copy is on file at the City Clerk's office). Said report incorporates the "Pedestrian Bridge Planning Study" dated March 18, 1998, prepared by Simon Wong Engineering, providing a preliminary design and cost estimate of the proposed bridges. The Environmental Review Coordinator has detennined that EIR 95-0 I (previously approved by Council) addresses all the issues concerning the proposed DIF and that no further environmental review is required (see Exhibit C). Staff has reviewed the Pedestrian DIF Report, found it acceptable and recommends Council approval. Construction cost for the bridges were based on Wong Engineering's report. The cost estimates assume a lighted cast in place concrete structure will be constructed with a maximum clearance of 18.5 feet (Caltrans standard). The 15-foot width of the bridge will pennit electric carts, bikes, and pedestrian circulation. Other costs included in the DIF are: 1. Approach ramps to the bridges (except grading which will be perfonned as part of the subdivision grading) 2. The City's cost of administration @ 7% 3. Design Engineering and other soft costs 4. Special bridge inspection fees The total cost of the Pedestrian Bridges DIF program is estimated to be $2,342,000, as broken down in Table I below. City Public Works staff is in agreement with the consultant's cost estimate. Table 1 Preliminary Cost Estimate La Media Bridge Yz of Olympic Yz of Olympic (100%) Parkway West Bridge Parkway East Bridge Bridge Cost $868,158 $754,152 $719,593 The cost to fonn the Development Impact Fee is not included in this estimate and is being funded by the developers of the Otay Ranch Village I and 5. DeveloDment ImDact Fee Land uses were provided by The McMillin Company and the Otay Ranch Company. Since people will be using the bridges, the land uses were translated into Equivalent Dwelling Units (EDUs) using the "people per household factor" for parkland dedication set forth in Chapter 17.1 of the Municipal Code. The fee is limited to residential development only since it is considered that the residential areas will generate the pedestrian trips. The bridges are needed to serve the residential uses and will make the residential uses more compatible with a pedestrian and transit friendly neighborhood. Destination uses (i.e., schools, parks, commercial and community purpose facilities) are proposed to be exempt from the DIF. It ---3 Page 4, Item Meeting Date 12/8/98 The residential land uses within the villages will have different degrees of benefit trom the installation of the three pedestrian bridges. Residential units containing larger square footage will typically hold more people per household than the residential units containing smaller square footage. As such, residential units with a larger number of people per household will inure greater benefit trom using the pedestrian trail system and its three bridges than residential units with a smaller number of people per household. Staff proposes that the benefit for the bridges be based on the number of people living in the residential type. (i.e., single family detached, single family attached, duplex, and multi family). In order to detennine the number of people per household type staff is using the people per household factors ("PPHF"). This process is used by the City in detennining the amount of parkland dedication required by new development projects pursuant to City Ordinance, Chapter 17.10. The PPHF used in Chapter 17.10 can serve as a reasonable method of allocating the bridge benefit to different residential uses. The fee was calculated by dividing the total cost of the improvements by the projected EDUs in Villages 1 and 5. Table 2 below gives a breakdown by land use. Table 2 Fee by Land Use Land Use People per EDUs Fee Amount household Single Family Detached 3.22 1 $545 ("SFD") Single Family Attached 2.80 0.87 $474 ("SF A") Duplex ("DUP") 2.48 0.77 $420 Multi Family ("MF") 2.21 0.69 $374 The proposed fee is payable prior to building pennit issuance for residential land uses only. For the purpose of this fee the land uses are defined as follows: · "SFD" means a single residential unit on a single assessor's parcel provided such assessor's parcel has a lot size greater than 3,000 square feet. · "SF A" means all residential units that are not classified as SFD, DUP or MF. · "DUP" means a residential structure that contains two separate living units that share a common wall and roof. · "MF" means a condominium unit or apartment unit. The proposed ordinance provides for the DIF to be updated annually for CPI increases, to update construction costs, and to reflect any land use changes. The ordinance also allows the developer to finance the construction with private funds. In this case, the developer may receive a reimbursement trom existing DIF funds and/or receive credits towards future building pennits. Construction /iP ~J/ Page 5, Item Meeting Date 12/8/98 funding may also be included in a public financing district. In this case, Council may grant credits in an amount not to exceed the DIF obligation. It should be noted the McMillin Otay Ranch is proposing to include the construction of the La Media Road bridge in CFD No. 97-3. A public hearing and fonnation of this district is also on Council's agenda. Findine:s Government Code 66000 requires that the City make the following findings when establishing a Development Impact Fee: · The establishment of the Impact Fee is necessary to protect the public safety and welfare and to ensure the effective implementation of the City's General Plan. · The Impact Fee is necessary to ensure that funds will be available for the construction of the Facilities concurrent with the need for these Facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. · The amount of the fee levied by this ordinance does not exceed the estimated cost of providing the Facilities for which the fee is collected. · The Otay Ranch project seeks to use neo-traditional planning and an extensive traiVsidewalk system to foster pedestrian circulation within the subdivision. The proposed pedestrian bridges (connecting Villages I and 5, I and 2, and 5 and 6) are an essential component of this system to allow safe crossing of pedestrian, bikes, and electric carts over major roads. Therefore, construction of the pedestrian bridges will be needed to service the development of Villages I and 5. Future Actions Tonight is the first reading of the Ordinance. The second reading is scheduled for December 15, 1998. If adopted by Council and no legal challenge is filed, the Ordinance will become effective on February 13, 1999. FISCAL IMP ACTS: The developers have deposited funds for the creation of the fee and any future administration costs will be covered by the administration component of the fee (7%). The City will receive the benefit of full cost recovery for staff cost involved in the DIF administration (estimated at $167,000). The maintenance of the bridges, including access ramps and pedestrian lighting, will be funded by CFD 97-1 (Open Space Maintenance District, Otay Ranch - SPA One, Villages I & 5). Exhibits: A. Benefit area map B. Letter dated 5/14/98 from The Olay Ranch and McMillin Companies requesting the formation ofDlF. C. Memo from environmental review addressing environmental considerations File # 0725·} O-HX048 H-agenda\bridge_5. wpd.ta /¿,~ç CII U " Q. II! C CII Q. 0 C 0 ~ f u CII II: i :a II. ~ rc: 0 II. W rc: w In wZ IL 0 ~ - J: U ~ « « Uu> II. U Zill ::;;g @ <l:e¡ '" :s C> ;: w en ;c= :!2 -< zC) ~ ö> ã5 we ,., !::: ::;; ii!: '" mD..m ~ ~ Igz 'õ ~ '" >< w S II. w[¡r; .\2 c. C In E w w ,., C) c ð c w -- ;¡; _ II. 0 rc: IL a: '" m 0 Ui « Z II. c « « ill ii!: ::;; ..J >- \ ill ::¡ ~ ... a: Z I :J :s In ~ !ž 01 \ Z , ill W Z ill >- , ~ c w ~ w zl ,- \ 51 I \ \ I '" W 0:: -" Iii . 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C)(I) j~ >~ -- -.. ~,~ ~~~A~l!ï~MS~~E~s~:T~ Exhibit B May 14, 1998 Mr. Lombardo de Trinidad Mr. Rick Rosaler CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 RE: Otay Ranch SPA I-Pedestrian Bridge Development Impact Fee Dear Sirs, Attached please find calculations for the proposed Pedestrian Bridge Development Impact Fee ("Ped Bridge DIF") within Otay Ranch SPA I. We are requesting that an ordinance be forwarded for City Council approval. The following assumptions were utilized in computing the proposed fee: 1. Construction costs for the bridges were derived from the Otay Ranch Villages 1 and 5 Pedestrian Bridge Planning Study perpared by Simon Wong Engineering dated March 18, 1998. 2. Costs for design, inspection and administration were derived from similar fees in place for roadway facilities. 3. Contributing units include SPA I, Villages I and 5, and SPA I West. 4. Equivalent dwelling unit calculations are based on traffic EDUs. If you have any particular questions or require additional information, please contact the undersigned. Sincerely, THE OTAY RANCH COMPANY n Robert A. Pletcher Executive Vice-President Vice-President h:datalengnring\bpletcher\otayrnch\pdbrdg02.doc / ¿, - ~ 2727 Hoover Avenue, National City, CA 91950 (619 477-4117 fax (619)336-3119 www.mcmillin.com --_._------~----_.._--- Exhibit C CITY OF CHULA VISTA INTEROFFICE MEMORANDUM TO: Tom Adler, Engineering Division FROM: Doug Reid, Environmental Review Coordina~ DATE: June 5, 1998 SUBJ: Pedestrian Bridges for Otay Ranch SPA I; Environmental Determination Ç¡ L:':; q B-3ó After further review of the existing adopted Environmental Impact Report (EIR) 95- 01 and related public discussion during the adoption hearings it is this Departments detennination that no further environmental review is required for the proposed establishment of the Development Impact Fee for the Otay Ranch pedestrian bridges. Final EIR 95-01 adequately addressed the issue of pedestrian safety and design features. The City Council found that mitigation regarding street designs that promote pedestrian safety to be feasible and adopted them as conditions of approval and made them binding on the applicant. Should you have any questions please do not hesitate to call me at 691-5104 or Benjamin Guerrero at 476-5393. /?r-5 ------- -_...._-,~._..- , ORDINANCE NO. .2?,? 7 . AN ORDINANCE OF THE CITY COUNCIL OF CHULA VISTA ESTABLISHING THE OTAY RANCH VILLAGE 1 AND 5 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE TO PAY FOR PEDESTRIAN BRIDGE IMPROVEMENTS AS A CONDITION OF ISSUANCE OF BUILDING PERMITS WHEREAS, the city's General Plan Land Use and Public Facilities Elements require that adequate public facilities be available to accommodate increased population created by new development, and WHEREAS, the City Council has determined that new development within certain areas within the City of Chula vista as identified in this ordinance, will create adverse impacts on certain existing public facilities which must be mitigated by the financing and construction of those facilities identified in this ordinance, and WHEREAS, developers of land within the City are required to mitigate the burden created by their development by the construc- tion or improvement of those facilities needed to provide service to their respective developments or by the payment of a fee to finance their portion of the total cost of such facilities; and WHEREAS, development within the city contributes to the cumulative burden on pedestrian facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and WHEREAS, the goal of the Otay Ranch General Development Plan is to organize land uses based upon a village concept to produce a cohesive, pedestrian friendly community, encourage non-vehicular trips and foster interaction amongst residents; and WHEREAS, a component of the Otay Ranch circulation system is a comprehensive trail system to provide for non-vehicular alternative modes of transportation; and WHEREAS, the Otay Ranch GDP requires a non-auto circulation system, such as pedestrian walkways and bike paths, shall be provided between villages. And, where appropriate and feasible, a grade separated arterial crossing should be provided to encourage pedestrian activity between villages; and WHEREAS, Otay Ranch, Villages 1 and 5 is that area of land within the City of Chula Vista and the County of San Diego surrounded by Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, Olympic Parkway and SR-125. This area is shown on the 1 /t/f ----I map marked Exhibit "1", on file in the City Clerk's Office and known as Document No. , and included as an attachment to the City of Chula Vista Pedestrian Bridge Development Impact Fee Report, dated November 6, 1998, on file in the Office of the City Engineer; and WHEREAS, City Engineering Staff has approved the city of Chula vista Pedestrian Bridge Development Impact Fee Report ("Report") dated November 6, 1998; and WHEREAS, said the City of Chula Vista Pedestrian Bridge Development Impact Fee Report, recommends pedestrian over crossing facilities needed for pedestrian access, and establishes a fee payable by persons obtaining building permits for developments within Otay Ranch Villages 1 and 5 benefitting from the construction of these facilities; and WHEREAS, a series of meetings have been held with the owners and developers of properties located within Otay Ranch Villages 1 and 5 to discuss the Report and city staff recommendations establishing the Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee ("Impact Fee"); and WHEREAS, the Environmental Impact Report 95-01 adequately addressed the issue of pedestrian safety and design features of the pedestrian bridges; and WHEREAS, on December 8, 1998, a Public Hearing was held before the city Council to provide an opportunity for interested persons to be heard on the approval of the Report and establishment of the Impact Fee; and WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the Impact Fee on all developments within Otay Ranch Villages 1 and 5 in the city of Chula Vista is necessary in order to protect the public safety and welfare and to ensure effective implementation of the City's General Plan; and WHEREAS, the City Council has determined that the amount of the Impact Fee levied by this ordinance does not exceed the estimated cost of providing the public facilities identified by the Report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: 2 /Iß-2 ---..--------------------...-.----.---- SECTION 1. Environmental Review The Environmental Impact Report 95-01 adequately addressed environmental concerns associated with the construction of pedestrian facilities. SECTION 2. Approval of Report. The City Council has reviewed the proposed Report and has adopted the same, by Resolution No. , in the form on file in the Office of the city Clerk. SECTION 3. "Facilities". The facilities to be financed by the Impact Fee are fully described in the Pedestrian Bridge Development Impact Fee Report and incorporated herein by this reference, ("Facilities"), all of which Facilities may be modified by the City Council from time to time by resolution. The locations at which the Facilities will be constructed are shown on Exhibit "4", of the approved City of Chula Vista Pedestrian Bridge Development Impact Fee Report, on file in the City Clerk's Office and known as Document No. , which is included in the Report. The city Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program or to reflect changes in land development and estimated and actual pedestrian generation. SECTION 4. Territory to Which Fee Is Applicable. The area of the city of Chula vista to which the Impact Fee herein established shall be applicable is set forth on Exhibit "4" of the Report, on file in the City Clerk's Office and known as Document No. and is generally described herein as the "Territory. " SECTION 5. Purpose. The purpose of this ordinance is to establish the Impact Fee in order to provide the necessary financing to construct the Facilities within the areas shown in Exhibit "1" of the Report, in accordance with the City's General Plan. SECTION 6. Establishment of Fee. The Impact Fee, to be based on a per Equivalent Dwelling unit ("EDU") basis, and payable prior to the issuance of building permits for residential development projects within the Territory, is hereby established to pay for the Facilities. SECTION 7. Due on Issuance of Building Permit. 3 /GA ~ .3 - - ------,._-_._----,._-----------~--- The Impact Fee shall be paid in cash upon the issuance of a residential building permit. Early payment is not permitted. No building permit shall be issued for residential development projects subject to this Ordinance unless the developer has paid the Impact Fee imposed by this Ordinance. SECTION 8. Determination of Equivalent Dwelling units. Residential land uses shall be converted to Equivalent Dwelling Units for the purpose of this fee based on the following table: Fee by Land Use Land Use People per household EDUs Single Family Detached 3.22 I ("SFD") Single Family Attached 2.80 0.87 ("SF A") Duplexes ("DUP") 2.48 0.77 Multi Family ("MF") 2.21 0.69 "SFD" means a single residential unit on a single assessor's parcel provided such assessor's parcel has a lot size greater than 3,000 square feet. "SFA" means all residential units that are not classified as SFD, DUP or MF. "DUP" means a residential structure that contains two separate living units that share a common wall and roof. "MF" means a condominium unit or apartment unit. SECTION 9. Time to Determine Amount Due; Advance Payment Prohibited. The Impact Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. SECTION 10. Purpose and Use of Fee. 4 /(P~ -{ ,--,..-...._._--,,-. - ..".... ....~-_.__."._,._.. The purpose of the Impact Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities, or reimbursement to the City or, at the discretion of the city if approved in advance in writing, to other third parties for advancing costs actually incurred for planning, designing, con- structing, or financing the Facilities. Any use of the Impact Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Impact Fee. SECTION 11. Amount of Fee; Amendment to the Master Fee Schedule The initial Impact Fee shall be calculated at the rate of $545 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section E, which shall read as follows: "E. Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No. , but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there are additional rules applicable to the imposition of the Impact Fee, the language of the Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula vista to which the Impact Fee herein established shall be applicable is set forth in Exhibit "I" of the City of Chula vista Pedestrian Bridge Development Impact Fee Report dated November 6, 1998, and is generally described as the area surrounded by Telegraph Canyon Road, Otay Lakes Road, Paseo Ranchero, SR-125 and Olympic Parkway. b. Rate per Residential Land Use and Fee The Impact Fee shall be calculated at the rate of $545 per EDU and translated into a fee per land use based on the people per household factor given below, which rate shall be adjusted from time to time by the city Council. 5 )t/J -S- Residential Land EDU's Fee use Single Family 1 $545 Detached (SFD) Attached, Cluster 0.87 $474 Housing ("SFA") Duplexes ("DUP") 0.77 $420 Multi Family("MF") 0.69 $374 c. Residential land use categories defined. "SFD" means a single residential unit on a single assessor's parcel provided such assessor's parcel has a lot size greater than 3,000 square feet. "SFA" means all residential units that are not classified as SFD, DUP or MF. "DUP" means a residential structure that contains two separate living units that share a common wall and roof.. "MF" means a condominium unit or apartment unit. d. When Payable. The Impact Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council shall review the amount of the Impact Fee annually or from time to time. The city Council may, at such reviews, adjust the amount of this Impact Fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are not limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Impact Fee; changes in land use in the City's General Plan; other sound engineering, financing and planning information. Adjustments to the above 6 /6/1 -? - -- - --.-,.---- - -- -------.- Impact Fee may be made by resolution amending the Master Fee Schedule. SECTION 12. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Impact Fee shall be deposited into a public facility financing fund ("Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee Fund", or alternatively herein "Fund") which is hereby created and shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the city Council. SECTION 13. Findings. The City Council hereby finds the following: A. The establishment of the Impact Fee is necessary to protect the public safety and welfare and to ensure the effective implementation of the City's General Plan. B. The Impact Fee is necessary to ensure that funds will be available for the construction of the Facilities concurrent with the need for these Facilities and to ensure certainty in the capital facilities budgeting for growth impacted public facilities. C. The amount of the fee levied by this ordinance does not exceed the estimated cost of providing the Facilities for which the fee is collected. D. New development projects within the Territory will generate a significant amount of pedestrian traffic that current pedestrian facilities can not service, therefore construction of the Facilities will be needed to service new development projects. SECTION 14. Impact Fee Additional to other Fees and Charges. The Impact Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of 7 J¡;,/)- ? --.--- - -- -----,""- the construction of public improvements within subdivisions or developments. SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer is required as a condition of approval of a development permit to construct or cause the construction of the Facilities or a portion thereof, the City may require the developer to install the Facilities according to design specifications approved by the City and in the size or capacity necessary to accommodate estimated pedestrian traffic as indicated in the Report and subsequent amendments. If such a requirement is imposed, the city shall offer, at the City's option, to reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this Ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this Ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee. The city may update the Impact Fee calculation as city deems appropriate prior to making such offer. This duty to offer to give credit or reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the Facilities in conjunction with the prosecution of a development project within the Territory, the City may, as part of a written agreement, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this Ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their contribution to such Facilities as required by this Ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. The City may update the Impact Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Impact Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. 8 4/l-~ The City's duty to extend a reimbursement offer to a developer pursuant to Section 15 or 16 above shall be conditioned on the developer complying with the terms and conditions of this section: a. Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the construction of the Facilities, excluding any work attributable to a specific subdivision project. b. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (1) Detailed descriptions of the work to be conducted by the developer with the preliminary cost estimate. c. If the Council grants authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (1) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the improvement work; (3 ) Developer shall secure all required permits and environmental clearances necessary for construction of the improvements; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the city; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by the developer for any of the costs and liabilities associated with the improvements. (7) The developer shall advance all necessary funds for the improvements, including design 9 /6~ ~I and construction. The City will not be responsible for any of the costs of constructing the facilities. (8 ) The developer shall secure at least three (3 ) qualified bids for work to be done. The construction contract shall be granted to the lowest qualified bidder. Any claims for add it ional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the improvements. soils Engineering shall be limited to 7.5% of the project cost, civil Engineering shall be limited to 7.5% of the hard cost and landscape architecture shall be limited to 2% of the landscaping cost. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. (10 ) The agreement may provide that upon determination of satisfactory incremental completion of the public facility project, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such costs until issuance by the city of a Notice of Completion. (11) The agreement may provide that any funds owed to the developer as reimbursements may be applied to the developer's obligations to pay the Impact Fee for building permits to be applied for in the future. (12) When all work has been completed to the satisfaction of the City, the developer shall submit verification of payments made for ·the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. 10 J6~ -¡p ,\ , ) !. / ._--_._~ - ---.--~-- (13) After final determination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Impact Fees required by this ordinance against the city's duty to reimburse the developer. (14) After offset, if any funds are due the developer under this section, the City may at its option, reimburse the developer from the Fund either in cash or over time as Fees are collected, or give a credit against the Impact Fee levied by this Ordinance or some combination thereof, in the amount of the costs incurred by the developer that exceeds their required contribution to such Facilities as required by this Ordinance, for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Impact Fee and in an amount agreed to in advance of their expenditure in writing by the City. (15 ) A developer may transfer a credit against the Impact Fee to another developer with the written approval of the Director of Public Works in the Director's sole discretion. SECTION 18. Procedure for Fee Modification. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Impact Fee imposed by this ordinance is unconstitutional or unrelated to mitigation of the burdens of the development, may apply to the city Council for a waiver or modification of the Impact Fee or the manner in which it is calculated. The application shall be made in writing and filed with the City Clerk not later than ten (10 ) days after notice is given of the public hearing on the development permit application for the project, or if no development permit is required, at the time of the filing of the building permit application. The application shall state in detail the factual basis for the claim of waiver or modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60 ) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law 11 /¡;ß /I --.._-- for protection or challenging the Impact Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions of the Impact Fee. SECTION 20. Assessment District. If any assessment, community facilities district or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the city Council for reimbursement from the Fund or a credit in an amount equal to that portion of the cost included in the calculation of the Impact Fee attributable to the Work Alternatively Financed. In this regard, the amount of the reimbursement shall be based on the costs included in the Report, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. Expiration of this Ordinance. This ordinance shall be of no further force and effect when the City Council determines that the amount of Impact Fees which have been collected reaches an amount equal to the cost of the Facilities. SECTION 22. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established by Government Code Section 66022 after the effective date of this ordinance. SECTION 23. Other Not Previously Defined Terms. For the purposes of this ordinance, the following words or phrases shall be construed as defined in this section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. 12 /6/J -/:Å ---"----..--..------- (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the city. (d) "Development Project" or "Development" means any activity described in section 66000 of the state Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. SECTION 24. Effective Date. This ordinance shall become effective sixty (60 ) days after its second reading and adoption. Presented by Approved as to form by ~~~ John P. Lippitt Joh . Kaheny ~ Director of Public Works City Attorney H:\Home\Attorney\PED3 13 J¿{;4 ~/3 RESOLUTION NO. /92 <J J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE REPORT WHEREAS, the "city of Chula vista Pedestrian Bridge Development Impact Fee Report" dated November 6, 1998 was prepared by the consulting firm Development Planning & Financing Group; and WHEREAS, said Report provides the criteria and methodology followed in determining the Development Impact Fee; and WHEREAS, said Report incorporates the "pedestrian Bridge Planning Study" dated March 18, 1998, prepared by Simon Wong Engineering, providing a preliminary design and cost estimate of the proposed bridges; and WHEREAS, the total cost of the Pedestrian Bridges DIF program is estimated to be $2,343,000; and WHEREAS, the land uses were translated in Equivalent Dwelling Units (EDUs) using the "people per household factor" for parkland dedication set forth in Chapter 17.10 of the Chula Vista Municipal Code. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby adopt the City of Chula vista Pedestrian Bridge Development Impact Fee Report dated November 6, 1998 prepared by Development Planning & Financing Group, a copy of which shall be kept on file in the office of the city Clerk. Presented by Approved as to form by John P. Lippitt, Director of ~~~torney Public Works /;;ß-) __....,._..,. ________...._ _" ___~."".._____.__"_ w_.__.______.__..__ THIS ITEM WAS SCANNED IN THE NOV 24 1998 AGENDA PACKET EVEN THOUGH IT WAS CONTINUED TO THIS DATE. SEE ITEM 15 IN NOV 24 AGENDA COWlCIL AGENDA STATEXBNT )S' It_ Meeting Date 11/24/98 ITEH TJ:TLEI Public Hearing: Considering abating the scheduled calendar year 1999 Business License Tax rate increase to a lesser level equal to 11.4 percent higher than the current rates, which have been in existence since 1991. Resolution J927~ating the Business License Tax rate increase scheduled for calendar year 1999 to a level equal to 11.4 percent higher than the current rates, which have been in existence since 1991. SUBMITTED BY, Director of Financ~ REVIEWED BY: Ci<y M...g"J:)p.. ~~ ~ (4/sths Vote: Yes - No_X_) SUKKAJI.Y, The Business License Tax ordinance (effective January 1, 1991) is structured so that the business license tax rates increase annually unless the City Council takes action to abate them each year. In an effort to assist local businesses through the lengthy recession of the mid 1990's, Council has approved annual abatements of the scheduled rate increases since 1991. Staff is recommending a 11.4 percent increase in the Business License Tax rates over the rates now in effect based on a 10 percent catch-up factor plus the increase in the local consumer price index between July, 1997 and July, 1998, which was 1.4 percent. Notification of the pUblic hearing and copies of this report were sent to the Chamber of Commerce, the Broadway Business Association, the Downtown Business Association and the Bonita Professional Association. RECOMMENDATION, That Council conduct the public hearing and Adopt Resolution Abating the Business License Tax rate increase scheduled for calendar year 1999 to a level equal to 11.4 percent higher than the current rates. /7-1 COUNCIL AGENDA STATEMENT )7 Item Meeting Date 12/8/98 ITEM TITLE, Public Hearing: Considering abating the calendar year 1999, 2000, and 2001 Business License Tax rates to retain them at the current CY 1998 levels. Resolution J9~~~ating the Business License Tax rates for calendar years 1999, 2000, and 2001 to retain the tax rates at the current calendar year 1998 levels. SUBMITTED BY, D~rector Of~nce~ REVIEWED BY, CJ.ty Manage (4/Sths Vote: Yes _ No_'¡¡;_) SUMMARY, The Business License Tax ordinance {effective January 1, 1991} is structured so that the business license tax rates increase annually unless the City Council takes action to abate them each year. In an effort to assist local businesses through the lengthy recession of the mid 1990's, Council has approved annual abatements of the scheduled rate increases since 1991. As an indication of the City's desire to present the clear and accurate perception that the City of Chula Vista is "business friendly," staff is recommending that Business License Tax rates for calendar years 1999, 2000, and 2001 be retained at the current calendar year 1998 levels. Notification of the public hearing and copies of this report were sent to the Chamber of Commerce, the Broadway Business Association, the Downtown Business Association and the Bonita Professional Association. RECOMMENDATION, That Council conduct the public hearing and Adopt Resolution Abating the Business License Tax rate increases scheduled for calendar years 1999, 2000, and 2001 to the current calendar year 1998 level. )7) _ _..__._ _·___.w.,,_.~·.._ Page 2 Item Meeting Date 12/8/98 DISCUSSION I Tax Structure On October 25, 1990, the City Council adopted Ordinance 2408, approving a business license tax increase of 200 percent to be phased in over a three year period beginning in 1991, with subsequent year increases set at 6 percent per year. These increases were adopted in lieu of changing the tax structure from the existing flat rate/per employee basis to a gross receipts basis, which was proposed by staff, but strongly opposed by the business community. The Ordinance also provides Council with the ability to conduct a public hearing and abate all or a portion of the tax increase for a one year period to a rate not less than the 1991 rate. If no action is taken by Council, the rates for all businesses would increase to the cumulative level specified in the ordinance. Council has chosen to abate all scheduled rate increases every year since 1991. Per the ordinance, the scheduled increase for 1999 would include the accumulation of the 50 percent increases abated in both 1992 and 1993, and the 6 percent increases abated each year since 1994. In other words, if Council does not abate all or a portion of the scheduled increase, business license taxes would increase by more than 180 percent in 1999. Staff is recommending a full abatement of the scheduled increases for not only calendar year 1999, but for calendar years 2000 and 2001 as well in order to enhance the perception that the City is "business friendly." Business License Tax Revenue In fiscal year 1991-92 revenues from business license taxes made up 1.8 percent of the City's General Fund revenues. In that same year business license tax revenues were at a level that supported 3.6 percent of the City's expenditures for Public Safety. In the current fiscal year revenues from business license taxes are projected at only 1.1 percent of the City's General Fund revenues and will be sufficient to support only 2.5 percent of the city's expenditures for Public Safety. The average for California cities of the same relative size as Chula Vista is for business license tax revenues to fund 6.80 percent of the city's public safety expenditures. /7 ~;¿ ..-.-- ---.-----.----..--- Page 3 Item Meeting Date 12/8/98 This inflationary erosion caused by maintaining a constant rate since 1991 places a degree of strain on the other discretionary revenue sources available to the City. The average for California cities of the same relative size as Chula Vista is for business license tax revenues to make up 4.3 percent of the city's discretionary revenue. For Chula Vista, this percentage is only 2.20 percent. Local business groups have frequently asserted that the primary factor to consider in setting business license tax rates is competition with neighboring cities. Attachment A attempts to reflect a general comparison of business license tax rates for most cities within San Diego County. This table shows that Chula Vista's rates remain well below the average for the region. The same groups often voice the concern that the City of Chula vista's rates do not compare favorably with the rates for the City of San Diego, but the table illustrates that the comparison depends on the type and size of business chosen for the comparison. Specifically, San Diego's rates are $44.50 less than Chula Vista's for small retail businesses, but are $42.50 more than Chula Vista's for a retail business with 20 employees, and the difference will tend to grow as the number of employees increases. For businesses classified as professional, San Diego's rates are $71 lower than Chula Vista's, but for a typical manufacturing business San Diego's rates are more than $150 more than Chula Vista's. Insuring a competitive tax rate structure would seem to be most important for those types of businesses that would have the most positive impact on the City's economic health. Larger retail businesses that provide employment opportunities and generate sales tax revenue, and manufacturing businesses that also provide significant employment opportunities are arguably the most beneficial types of businesses. The data shows that the City's rates are very competitive with the City of San Diego's rates for these types of businesses. Business Liaison During discussions with the Chamber of Commerce regarding this item, Chamber representatives surfaced the idea of a management level staff person being assigned the responsibility to ensure that the City enhances and maintains a business friendly attitude in /?~3 _ _.__ ..____.~.._.___.___ ___H'__ _______.._ _._.~ ---- _.__......_..~...,.._.,----- Page 4 Item Meeting Date 12/8/98 every facet of our dealings with existing and potential businesses. This suggestion was in part to ensure that the business community could be assured of receiving prompt, appropriate and courteous service in exchange for the level of taxes they pay in support of city operations. The City Manager is fully supportive of the recommendation and has assigned this responsibility to Cheryl Dye, the City's Economic Development Manager. FISCAL IMPACT: Council action to fully abate the scheduled tax increase and leave rates at the current level would have no impact on revenues estimated in the budget. If Council took no action to abate the scheduled rate increases included in the ordinance, rates would increase by more than 180% and estimated revenues from business licenses for this fiscal year would increase by more than $1.3 million. For illustrative purposes, if Council instead chose to adopt a partial abatement increasing the tax rates by 10 percent, that action would result in an approximate annual cost increase of $7.85 for a small retail business, $18.25 for medium size retail business, $10.50 for a professional business, and $19.90 for a medium size manufacturing business. A 10 percent increase in tax rates would generate an additional $75,000 in business license tax revenue for this fiscal year. 17-ll ATTACHMENT A ~ ~ ==~ &. ~~ ~ ~ ~ ~ ~ rft & rft r;f t;¡~ rft < := ~ = :: ~ C'\,...,. 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"'-'- ~~".._- -"-"----~-"--"------_.._~'"'-_.._- - - --- RESOLUTION NO. /9 ;¿ :7 r RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ABATING THE BUSINESS LICENSE TAX RATES FOR CALENDAR YEARS 1999, 2000 AND 2001 TO RETAIN THE TAX RATES AT THE CURRENT CALENDAR YEAR 1998 LEVELS WHEREAS, the Business License Tax ordinance (effective January 1, 1991) is structured so that the business license tax rates increase annually unless the City Council takes action to abate them each year; and WHEREAS, in an effort to assist local businesses through the lengthy recession of the mid 1990' s, Council has approved annual abatements of the scheduled rate increases since 1991; and WHEREAS, as an indication of the City's desire to present the clear and accurate perception that the city of Chula vista is "business friendly", staff is recommending that Business License Tax rates for calendar years 1999, 2000, and 2001 be retained at the current calendar year 1998 levels; and WHEREAS, notice of the public hearing and copies of the staff report were sent to the Chamber of Commerce, the Broadway Business Association, the Downtown Business Association and the Bonita Professional Association; and WHEREAS, a public hearing was held on December 8, 1998 to discuss abating the business license tax rates for calendar years 1999, 2000, and 2001 to retain the tax rates at the current calendar year 1998 levels. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby abate the Business License Tax rates for Calendar Years 1999, 2000 and 2001 to retain the tax rates at the current calendar year 1998 levels. Presented by Approved as to form by Robert Powell, Director of M. Kaheny, Finance torney H: \home\lorraine\rs\buslicen. tax /7-t COUNCIL AGENDA STATEMENT Item: Ifr Meeting Date: 12/08/98 ITEM TITLE: Public Hearing: PCS-99-02: Tentative Subdivision Map for condominium purposes dividing neighborhood R-46 into a 117 multi-family residential units in Otay Ranch Village Five - Applicant: Cornerstone Communities Resolution /'7.2 J 10f the City Council of the City of Chula Vista Approving a Tentative Subdivision Map for Neighborhood R-46 in Village Five of the Otay Ranch Specific Planning Area One Plan, Chula Vista Tract 99-02, Cornerstone Communities, and Making the Necessary Findings SUBMITTED BY: "recto< of Pillnciog '00 B0;ft¿ REVffiWED BY: City Manage(\)~ ~ (4/5ths Vote: Yes_No X) The Applicant, Cornerstone Communities, is proposing to develop a 117 unit multi-family residential condominium project on neighborhood R-46 located on the northwest corner of East Palomar Street and Santa Cora Avenue (see Exhibit A in the City Council Resolution of approval). _ The Project will consist of 39 tri-plex units in various configurations. Approval of Tentative Subdivision Map PCS-99-02 will enable the Applicant to sell the units individually. The Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the SPA Plan and the related environmental documents and that the Project would not result in any new envirorunental effects that were not previously identified, nor would the proposed Project result in a substantial increase in severity in any environmental effects previously identified. RECOMMENDATION: That Council approve resolution approving PCS-99-02. BOARDS/COMMISSIONS RECOMMENDATION: 1. On September 21, 1998 the Design Review Committee voted 3 to 0 approving the architectural and site plan aspects of this Project. 2. On November 11, 1998, the Planning Commission voted 4 to 0 recommending that the City Council approve PCS-99-02. /fÇ-/ Page 2, Item: Meeting Date: 12/8/98 DISCUSSION: 1. Site Characteristics The site is located on the north side of East Palomar Street between La Media Road and Santa Cora Avenue. The site is level with the Village Five core, but there is a 40 to 45 foot difference in elevation with La Media to the west. Vehicular access will be located near the northeast corner across from the access point to the elementary school site. A separate pedestrian path will access Palomar Street near the southeast corner of East Palomar and Santa Cora. 2. General Plan. Zonin¡¡ and Land Use OTAY RANCH GENERAL PLAN SPA PLAN DESIG. CURRENT LAND USE Site: Village Core RM-2 Vacant/Graded North: Village Core SF-4 Vacant/Graded South: Village Core RM-2 Vacant/Graded East: Village Core School/CPF Vacant/Graded West: Low Med. Village SF-3 Vacant/Graded 3. Proposal The Applicant is proposing to subdivide neighborhood R-46, a 9.27 acre parcel, into 19 residential, two common, seven circulation and one open space lots for a total of 29 lots in order to construct 117 condominium units. 4. Analysis The subdivision of the 9.27 acre site, as proposed, implements the Otay Ranch General Development Plan and SPA One Plan by providing multi-family units in air space condominium ownership. All issues have been addressed or implemented through the adoption of various documents and plans, including the Public Facilities Finance Plan (PFFP) for SPA One, and the architectural and site plan approval through the Design Review Committee. The PFFP ensures that all appropriate and adequate facilities will be constructed in a timely manner as related to this Project and surrounding development. The Design Review Committee's approval of the architectural style and site plan ensure an aesthetically pedestrian oriented development. Compliance with the Otay General Development Plan and the SP A One Plan The Otay Ranch General Development Plan (GDP), which establishes general pattern, intensity and character of development, designates the site MH, Residential Medium High density (11-18 J 0'- .1- -...-------" .~.~.._~_._.__.-- ~ Page 3, Item: Meeting Date: 12/8/98 du/ac). The SPA One Land Use Plan identifies neighborhood R-46 as MF (Multi-family) with a target of 126 dwelling units at a density of 17.5 dwelling units per net acre (du/nac). The proposed condominium subdivision, with 7.72 net acres, will contain 117 units at a density of 15.16 du/nac (117 dwellings 1 7.72 net acres), which is below the allowable density and permitted number of dwelling units. If gross acreage were considered, the density would be 12.62 du/ac (117 dwellings 1 9.27 gross acres). Thus, as conditioned, this subdivision is consistent with the Otay Ranch General Development Plan (GDP) and Sectional Planning Area One (SPA) Plan. Compliance with Planned Community Re~lations The SPA One Plan Zoning District Map shows neighborhood R-46 zoned RM-2 (Residential Multi-family Two). The District Regulations indicate that "multiple dwellings (3 units and above)" is a permitted land use. Lot sizes for this district are established through the site plan process and vary depending on the building layout. In the case of this Project, residential lots vary in size from 5,957 sq.ft. to 23,248 sq.ft. The remaining lots are divided into circulation, common and open space lots that vary in size from 4,033 sq.ft. to 1.55 acres. These lots will accommodate 117 townhouse type condominium units in various triplex, six plex and nine plex layouts by providing circulation, common and access parcels to the Project site. 5. Conclusion Staff has concluded that the Tentative Subdivision Map PCS-99-02 implements the Otay Ranch General Development Plan, the SPA One Plan and related documents creating single family attached units with air space condominium rights. Staff recommends approval of the tentative map. FISCAL IMPACT: All costs associated to this Project and the processing thereof are being covered by the Project Applicant. Attachments 1. Locator Map 2. Planning Commission Resolntion and ~SG~n998 3. Disclosure Statement H:\HOME\PLANNING\MARTIN\TSM9902\9902A.113 November 25,1998 (3:30pm) /0'-3 .._--~_.. . ---. - --- ~ ATTACHMENT 1 \ \ \ ~ PROJECT $,'l LOCATION ~y~ . . ,-.::,'" 0 -- cv' .;::. :V .;;.0 >.' O~ CHUlA VISTA PLANNING DEPARTMENT lOCATOR PROJEc:T rDRNERSTONE COMMUNITIES PRDJEc:T DEsC:RIFIJDN: C) APPUCANT: ..... "TENTATIVE SUBDIVISION MA? PROJEC:T OlAY RANCH Request: 10 subdivide 7.69 acres rot 28 lots fer ADDRESS: N=IGHBORHOOD R-46 11 7 muttl-fcmliy residential units W!!nJn Village Five of SCALE: ALE NUMB.."R: Diay Ranch SPA One. /¿----If NORTH No &:ale PCS-99-02 -. ...." -- h·\h......'rT\ö\......i___ò__,__ ¡ " .L. ,-L-,. " ATTACHMENT 2 RESOLUTION NO. PCS-99-02 A RESOLUTION OF THE CITY PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE SUBDIVISION MAP FOR NEIGHBORHOOD R-46 IN VILLAGE FIVE OF THE OTAY RANCH SPECIFIC PLANNING AREA ONE PLAN, CHULA VISTA TRACT 99-02, CORNERSTONE COMMUNITIES WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit A attached to City Council Resolution No. _ and described on Chula Vista Tract 99- 02 and is commonly known as Cornerstone Communities/Neighborhood R-46 (UProperty"); and WHEREAS, Cornerstone Communities ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Cornerstone Communities, Chula Vista Tract 99-02 ("Project"), with the Planning Department ofthe City of Chula Vista on August 25, 1998; and WHEREAS, the application requested the approval for the subdivision of approximately 9.27 acres located between La Media and Santa Cora Avenue north of East Palomar Street into nineteen (19) residential, two (2) common, eight (8) circulation/access and one (1) open space lots for a total of 30 lots; and WHEREAS, the development of the Property has been the subject matter of a General Development Plan (uGDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01 "); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01 "); and WHEREAS, the Applicant filed an amendment to the SPA One Plan, PCM 97-20, consistent with the Project, and said amendment was adopted by the City Council on June 3, 1997 by Resolution No. 18686; and WHEREAS, this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01, FEIR 95-01, and addendum thereto, 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 evaluations; and WHEREAS, the City's Environmental Review Coordinator has reviewed the Project and /?r~ ~-_._.._- - - - ----_._.__..._._-_.._._._----_..~ determined that it is in substantial conformance with the SPA Plan and the related 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 environmental effects previously identified; and WHEREAS, the Planning Commission set the time and place for a hearing on said Tentative Subdivision Map PCS-99-02 and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. November 11, 1998, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of Tentative Subdivision Map PCS-99-02 is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving Tentative Subdivision Map PCS-99-02 in accordance with the findings contained in the attached City Council Resolution No. _ And that a copy of this resolution be transmitted to the owners of the property and the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 11th day of November, 1998 by the following vote, to-wit: AYES: Chair Davis, Commissioners Ray and Willett NOES: ABSENT: Commissioners Aguilar, Tarantino, and Thomas ABSTENTIONS: Patty Davis, Chair ATTEST: Diana Vargas, Secretary H :\HOME\PlANNING\MARTIN\ TSM9902\9902PC.RES /J'~¿, ATTACHMENT 2 Planning Commission Meeting - 2- November 11, 1998 The proposed street between Parcels R-27 and R-18 would provide access to Hunte Parkway from both sòbdivisions. Indian Creek Drive, which originates at Clubhouse Drive, would be extended south apPNximately 1,200 feet, ending in an open-ended cul-de-sac that will provide an uninterrupted view of the park t he south and will allow for a pedestrian walkway to South Greensview. A connectio to Hunte Parkway will be provided by this east-west street and the avera 53 x 101 and t average lot area is 5,505 square feet. The rear elevations the homes will back along Hunte Parkway or the ake Golf Course and will be subject to design revie nd approval by the Zoning Administrator. Hu Parkway is designated as a scenic highway and the use of sin story structures is encouraged to avoid ailed-in effect and a solid theme fence will be required as well as a t ill be required along the golf course. Staff Recommendation: That the Tentative Subdivision Map Eastlake So findings and subject to the conditions conta PUBLIC HEARING OPENED 8:00 No public input. MSC (Willet y) (4-0-3) that the Planning Commission adopt resolution re mending approval of the Tentative division Map Eastlake South Greens Unit 18, Chula Vista Tract 99-0 accordance with the findi and subject to the conditions contained in the City Council Resolution and in de corrections to ot size dimension. Motion carried. 4. PUBLIC HEARING: PCS-99-02; Consideration of a Tentative Subdivision Map for condominium purposes dividing Neighborhood R-46 into 28 residential and one open space lots for a 117 unit multi-family residential development in Otay Ranch Village 5 - Cornerstone Communities. Background: Martin Miller, Acting Senior Planner reported that the applicant is proposing to subdivide neighborhood R-46 into 19 residential, two common, seven circulation and one open space lots for a total of 29 lots in order to construct 1·17 condominium units on the northwest corner of East Palomar Street and Santa Cora Avenue. The project will consist of 39 tri-plex units in various configurations built on lots that will be created as a result of the Tentative Subdivision Map PCS 99-02. Staff concludes that PCS 99-02 implements the General Development Plan, SPA 1 Plan and related documents creating single-family attached units with air space condominium rights. Staff Recommendation: That the Planning Commission recommend to the City Council approval of the project pursuant to the City Council Resolution. /ð'~ ;; --,-.. Planning Commission Meeting - 3- November 11, 1998 Commission Discussion: Commissioner Willett asked for the location and access of this project in relation to the elementary school. In addition, Commissioner Willett inquired about provisions for drop-off areas for public transportation and school buses. Mr. Miller responded that this too was a concern of Engineering staff and staff will ensure that the entrance to the project is aligned properly to provide adequate access to the school site. Rick Rosaler, Principal Planner, stated that the design of the school in Village 5 is currently being prepared by a new architect and staff has seen a draft plan which provides for an on-site bus drop-off and turn-around area and a separate area for vehicular drop-offs. With regard to public transportation, at this time, there are no plans to take a public bus up Santa Cora, however, kitty-corner is the Town Square site and CPF site and there are bus turn-out areas for publ ic buses at both locations. Commissioner Ray asked for clarification on the varying roadway widths in relation to street parking, vehicular and pedestrian circulation. Mr. Rosaler responded that staff reviewed extensively the pedestrian circulation inside the property. There is a walkway the entirety of the inside loop as well as throughout the entire project and where the walkways cross over the road, there will be enhance pavement at those locations. The project provides a 32 foot wide cross section, which is standard within all residential streets within the project. Where that width could not be provided, staff recommended, and the applicant agreed, to narrow it to provide for additional landscaping on the street and an enhanced pedestrian environment. PUBLIC HEARING OPENED 8:15 Ure Kretowicz, 4365 Executive Drive, San Diego, CA, Cornerstone Communities, stated he was available to answer questions. Commissioner Ray asked how on-site parking and no-parking zones would be enforced and if any consideration had been given to painting red curbs. Mr. Kretowicz responded that he would much rather have parking restrictions quoted in the CC&R's than paint red curbs. There is a similar project, Aspire and Encore, in Rancho Del Rey, in which a similar pocket-theme was done and there are no parking violations. PUBLIC HEARING CLOSED 8:25 MSC (RayIWillett) (4-0-3) that the Planning Commission recommend that the City Council approve Tentative Subdivision Map PCS-99-02. Motion carried. j?---r ~--,- ..--.-.----..---. -.---..--..- ~....-... -~,------ ...- TrlE cr )F 0iULA VISTA DISa-OSURE ST,o '-ŒJ\ J ATTACHMENT 3 You aT:: ~ci.-:;:: 10 fil: 1 S:al=::nt of ::>is:IOSUT:: Df cenaiD own::r¡;bip o~ fm.an::iaJ inl_,~!:. paym::nt!., o,-campai¡:n -:1ntributio~. ::I: 2.11 matt:::: wni:r. wil] T~lÜ!':: dis.=r:::1ionaT1' a:tiot ot tbe pan o~ :ht CiTY Cour.=~ ?lannmr QJm::uzÒr.., ,nc )Ih:::- orr~: Þ:Y.1i::s.. :-~~ bli:YWing inb:r;;ztiDr. must ix:: d~j~: , Us: U:: r:ames of.or ¡x:=ns baVÌI!¿ " fm.an::iaJ int::rest iI; th:: propcny whi=h is the ¡;UDJ==- of the I<ppj:::<:!J:JL 0: th: am..6::, :"f-, DWI:::, appli:::anl, tDDt=or, ¡;uÞ::omra=¡¡r., lI'.at::riaJ suppli:r. (}) ~~LY RANCE ?-4£ LLC (BUYER IN ESCROW) (21 ¥.C MILLIN - D.h. AM-~ICA OTAY RANCE LLC [SELLER IN ESCROW) , ,. (3) :~RNERSTO~ COMMUNITIES CORPORÞ.TION (GENERAL CONTP~CTOR) " If an;: p::rwn· iå:n:i.í::i pu!'Suan~ tú (1) aho~ is 2 c:orpo;2tÎOZ:: D~ paT1t:~hjp. list lh~ I:.21n:S of aI! inåjvidual.; oy.'Iling ~. mor: ti:aD 10% of m: ¡bares in th: a:JIporatioD Dr DWIliDl; any pann=itipint::r:st iI: m: pann::r¡;hip. (3) TIRE. R. KPXTOWICZ (OW!ll"ER) 3. If 2I1Y pcmm. iñ."m...~ purswmt1D (1) 2bovc is Don-profit orgaDi:za1im¡ Dr 11 trUSt, list the Dames of 8DY pcr.;oD scMn~ 25 dir:c1o; of til: DOD-profit orpnœtion Dr 25 1T1!5t= Dr b-..n:ii::iary or trustor of th: tI1!5L N/A - '- <:. Hav:: yo1J bad mer: ti:aD S2S0 worti: Df bw;in= tnmsa::t::d with aD)' m=b::r of thc Cit). s:aff, BoaTli~, CommissiollS, Commit!=. and Cmm::il withiD 1h: past tw::lve month5~ Ycs_ No..L. If yes, 1'1= indi:::ate p::r¡;on(s): 5. P¡= id::ntify ca::i:. and =ry P"'''=I1, in::luding any a~ employ=. wDSultaDlS, or ind::p::nd::nt wnt¡;¡::tors who you i:2v: zssign:i tD r.:pr::s--nt yo1J before tbe City iD this matter. ORE R. KRETO~'"I=, CEO JACK ROBSON. V oP OR OPEP.Þ.TIONS 6. Hav: you and/or y;l1t:' offi::=.rs or a~::t1ts, in tbe ag.,"fCpt::., WDlnòutcd mar: than Sl,(XX) to a CouD::i!membcr in the O1=t Dr pI"".-ñin; -¡-"tiOD period? Ycs_ No..L. If y::s, .state whi::h Coundlmcmbcr(s): T)ate: Þ"J:J.9'{ . . . (NOTE.: AnaciI additional pap lIS f. ---'Y) . . . /S~l / j!f> 1 Signaturc of tDntractor/appii:::aDt A K ROBSON, V.P. OF OPERÞ.TIONS \,j Print or type nam: of coDtractoriappli:::ant ~._fQ..o..Ii:_~f~_~_,~~~_~_·_~_·:I_fir!r..œ-~~~~_~~Of"..._~;nl_~,}!~L",,:~:.."n';CII¡' ~~~~~_IIVr.~~~.~~"-~: RESOLUTION NO. /~;L 9( A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR NEIGHBORHOOD R-46 IN VILLAGE FIVE OF THE OT A Y RANCH SPECIFIC PLANNING AREA ONE PLAN. CHULA VISTA TRACT 99-02. CORNERSTONE COMMUNITIES. AND MAKING THE NECESSARY FINDINGS I. RECITALS Project Site WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit A attached hereto and described on Chula Vista Tract 99- 02 and is commonly known as Cornerstone Communities/Neighborhood R-46 ("Property"); and B. Project; Application for Discretionary Approval WHEREAS, Cornerstone Communities ("Applicant") filed a duly verified application for the subdivision of the Property in the form of the tentative subdivision map known as Cornerstone Communities, Chula Vista Tract 99-02 ("Project"), with the Planning Department of the City of Chula Vista on August 25,1998;and WHEREAS, the application requested the approval for the subdivision of approximately 9.27 acres located between La Media and Santa Cora Avenue north of East Palomar Street into nineteen (19) residential, two (2) common, eight (81 circulation/access and one (1) open space lots for a total of 30 lots; and C. Prior Discretionary Approvals WHEREAS, the development of the Property has been the subject matter of a General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298 and as amended on May 14, 1996 by Resolution No. 18285 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Environmental Impact Report No. 90-01, SCH #9010154 ("Program EIR 90-01"); and WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area Plan ("SPA Plan") previously approved by the City Council on June 4, 1996 by Resolution No. 18286 ("SPA Plan Resolution") wherein the City Council, in the environmental evaluation of said SPA Plan, relied in part on the Otay Ranch SPA Plan Final Environmental Impact Report No. 95-01, SCH #95021012 ("FEIR 95-01"); and /g-~/O Resolution NO. - Page No.2 WHEREAS. the Applicant filed an amendment to the SPA One Plan. PCM 97-20. consistent with the Project. and said amendment was adopted by the City Council on June 3. 1997 by Resolution No. 18686; and WHEREAS. this Project is a subsequent activity in the program of development environmentally evaluated under Program EIR 90-01. FEIR 95-01. and addendum thereto. 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 evaluations; and Environmental Review Coordinator Determination WHEREAS. the City Environmental Review Coordinator has reviewed the Project and determined that it is in substantial conformance with the SPA Plan and the related 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 environmental effects previously identified; and Planning Commission Record on Application WHEREAS. the Planning Commission held an advertised public hearing on the Project on November 11. 1998 at which time the Planning Commission voted to recommend that the City Council approve the Project in accordance with staff's recommendation and the findings and conditions listed below; and City Council Record on Application WHEREAS. the City Council set the time and place for a hearing on the Project and notice of said hearing. together with its purpose. was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and WHEREAS. a hearing was held at the time and place as advertised on December 8. 1998 in the Council Chambers. 276 Fourth Avenue. before the City Council and said hearing was thereafter closed. NOW. THEREFORE. THE CITY COUNCIL finds. determines. and resolves 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 resolution resulting therefrom. are hereby incorporated into the record of this proceeding. )8'-// _._._-_..._.~..._..__.- Resolution NO. - Page No.3 III. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the Program EIR 90-01, Second-tier FEIR 95-01, and addendum thereto, would have no new effects that were not examined in the preceding Program EIR 90-01 and subsequent Second-tier FEIR 95-01 (Guideline 15168 (c)(2)); and IV. CEQA 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 Program EIR and the FEIR which would require revisions of said reports; (2) no substantial changes have occurred with respect to the circumstances under which the Project is undertaken since the previous reports; (3) and no new information of substantial importance to the Project has become available since the issuance and approval of the prior reports; 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 the Program EIR and FEIR, and a third Addendum has been prepared (Guideline 15168 (c)(2) and 15162 (a)). V. INCORPORATION OF ALL REASIABLE MITIGATION MEASURES AND AL TERANTIVES. The City does hereby readopt and incorporate herein as conditions for this approval all applicable mitigation measures and alternatives, as set forth in the findings adopted in the GDP approval (90-01) and SPA approval (95-01J. 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 the GDP EIR (90- 01) and the SPA Plan EIR (95-01) and the Final EIR with first, second and third addendum's adequately describes and analyzes this project for the purposes of CEQA {Guideline 15168 (e)). Notice on the SPA EIR was given on June 4, 1996. VII. TENTATIVE SUBDIVISION MAP ANDINGS Pursuant to Government Code Section 66473.5 ofthe Subdivision Map Act, the City Council finds that Tentative Subdivision Map as conditioned herein for Cornerstone Communities Chula Vista Tract 97-02, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Sectional Planning Area Plan as amended, based on the following: Land Use /fr-/2 Resolution NO. - Page No.4 The Project is a multi-family project in a planned community which provides a residential density of 15.15 dwelling units per net acre (12.62 dwelling units per gross acre). The project is also consistent with General Plan policies related to grading and land forms. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the General Development Plan. The Applicant shall construct those facilities in accordance with City standards. 3. Housing A housing agreement between the City and the McMillin Otay Ranch (Master Developer) has been executed and is not applicable to subject Project. 4. Parks, Recreation and Open Space Parks, recreation and open space were conditioned under "A" Map conditions. Park and open space and programmable recreation facilities are the responsibility of the Master Developer. 5. Conservation The Program EIR and FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. 6. Seismic Safety The proposed subdivision is in. conformance wit the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project. 7. Public Safety All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities I[?-j J Resolution NO. - Page No.5 The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Project. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major project in the eastern territories. 9. Noise The Project will include noise attenuation walls as required by an acoustic study dated June 6, 1995 prepared for the Project. In addition, all units are required to meet the standards of the Uniform Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along La Media the only General Plan scenic highway adjacent to the Project. 11. Bicycle Routes The Project is not required to provide on-site bicycle routes as the loop street is not a part of the regional circulation system. 12. 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. 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. VIII. CONDITIONS OF APPROVAL Unless otherwise herein specified or required by law: (a) the conditions and Code requirements set forth below shall be completed prior to submittal of the related final map(s) as determined by the Directors of Planning and Building, Library and Recreation and/or the City Engineer; (b) unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. All of the terms, Jg--rJ,/ ,.-.--- ... Resolution NO. - Page No.6 covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document, the term "Developer" shall also mean "Applicant". The Applicant and Developer shall: GENERAL/PRELIMINARY Comply with all conditions of approval of Tentative Subdivision Map PCS-97-02 as outlined in Resolution No. 18686 and Resolution 18979, to the satisfaction of the Director of the Planning and Building Department and the City Engineer, unless otherwise modified herein. Comply with the provisions of the Supplemental Subdivision Improvement Agreement (SSIA) for the "A" Map for McMillin Otay Ranch SPA One, Phase I (OR-204F) and the SSIA for the first "B" Map (Unit 4). Comply with the provisions of the Improvement Phasing Schedule approved as part of the revision of the Public Facilities Financing Plan (PFFP) approved on October 6, 1998. Comply with the provisions of CVT 97-02, McMillin Otay Ranch SPA I, Phase I Supplemental Subdivision Improvement Agreement approved by Council on July 14, 1998, and Units 1 and 4 Final "B" Map Supplement Subdivision Improvement Agreement approved by Council on Prior to final map, comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non- Renewable Energy Conservation Plan, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. Implements all terms, covenants and conditions contained herein, to the satisfaction of the Director of the Planning and Building Department, unless otherwise specified. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions Jg----~ Resolution NO. - Page No.7 being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. Comply with all applicable sections of the Otay Ranch Specific Planning Area One (SPA One) Plan and conditions of approval. Enter into any and all agreements required hereunder in a form approved by the City Attorney. DESIGN In addition to the requirements outlined in the City of Chula Vista Landscape Manual, landscape and irrigate privately maintained slopes in excess of 25 feet in height in order to soften their appearance as follows: An equivalent of one 5-gallon or larger size tree per each 150 square feet of slope area; One 1-gallon or larger size shrub per each 100 square feet of slope area; and Appropriate ground cover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning and Building prior to approval of the appropriate final map. Submit a comprehensive wall plan indicating color, materials, height and location to the Director of Planning and Building for review and approval prior to approval of the final map. Materials and color used shall be compatible with the approved architectural style and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a combination of the following: Decorative masonry block; and/or Wrought iron material; and/or Tempered glass. The exposed portion of any combination free standing/retaining wall as measured from finish grade shall not exceed 8.5 feet. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all Hcombination wallsH which include retaining and free standing walls. Said detail /g--/~ Resolution NO. - Page No.8 shall be included in the grading plans submitted for review and approval to the Director of Planning and Building prior to the approval of the final grading permit. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2 to 3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. Provide sectional roll-up type garage doors to all units. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS Prior to the approval of the final map, enter into an agreement to construct and guarantee the construction of all street improvements as required by the Otay Ranch Specific Planning Area One (SPA One) Plan Public Facilities Finance Plan (PFFP) for each particular phase, which could be a result of the cumulative development within SPA One. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct street improvements for all on-site and off-site streets deemed necessary to provide service to the subject subdivision. Said improvements may include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing, fire hydrants and traffic signal interconnection conduits and wiring. Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design criteria shall comply with the Chula Vista Design Standards, Chula Vista Street Design Standards, the Chula Vista Subdivision Manual and the City Landscape Manual current at the time of approval of the final map, unless otherwise conditioned or approved herein. Include a fully activated traffic signal at the following intersections as part of the improvement plans associated with the final map which triggers the installation of the related street improvements. East Palomar Street and Paseo Ranchero East Palomar Street and Olympic Parkway Olympic Parkway and La Media Road Install underground improvements, standards and street lights with the construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. J? ~ / l Resolution NO. - Page No.9 Ensure that all vertical and horizontal curves and intersections of all streets meet the sight distance requirements of the CalTrans Highway Design Manual, to the satisfaction of the City Engineer. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual. Any conflict between the CalTrans Highway Design Manual and the City standards shall be resolved by the City Engineer. Prior to the approval of the final map containing parkways, agree to plant trees within all street parkways and street tree easements 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, Library and Recreation and Public Works. The applicant shall provide root control methods per the requirements of the Director of Planning and Building and/or the City Engineer and a deep watering irrigation system for the trees. The improvement plans, including final selection of street trees, for the street parkways shall be approved by the Directors of Planning and Building, Library and Recreation and the City Engineer. Enter into an agreement with the City prior to approval of the final map wherein the Developer agrees to the following: Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. Guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall construct said bridge, at the time when that portion of La Media Road is constructed and may seek, with the concurrence of the City, repayment from other benefiting property owners through a reimbursement district. In the event the Federal Government adopts ADA standards for street rights-of- way which are in conflict with the standards and approvals contained herein, update the standards and approvals to reflect the newly adopted Federal standards. Unless otherwise required by federal law, City ADA standards may be considered vested. as determined by Federal regulations, only after construction has commenced. J¿¡-----Irs- '; "___"___n____n__ Resolution NO. - Page No. 10 Not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: The developer enters into an agreement with the City where the developer agrees to the following: Apply for an encroachment permit for installation of the private facilities within the public right-of-way. Maintain membership in an advance notice system such as the USA Dig Alert Service. Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. Shutoff devices are provided at those locations where private facilities traverse public streets, as determined by the City Engineer. GRADING AND DRAINAGE Submit notarized letters of permission to grade on all off-site properties. to the satisfaction of the City Engineer. In conjunction with the as built grading plans, submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill. cut or a transition between the two situations. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Designate all drainage facilities draining private property to the point of connection with public facilities as private. Prior to approval of any precise grading plans. prepare and obtain approval by the City Engineer and Director of Planning and Building of an erosion and sedimentation control plan. Indicate on all affected grading plans that all walls which are to be maintained by open space districts or other methods shall be constructed entirely within open space lots. )fš--li -----,,-,,- "...-.--.-...----- Resolution NO. - Page No. 11 Include on the grading plans for the intersection at Olympic Parkway/Paseo Ranchero a partial grading of the area that would accommodate the eastbound on-ramp and off-ramp and the westbound on-ramp of the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer in order to: Allow future construction of any additional grading necessary for the ultimate intersection configuration; and Construct the Poggi Canyon Channel at its ultimate location. Prior to approval of the final map, agree to indemnify the City for any liability, claims or actions resulting from the downstream property owners accepting the increased flows. SEWER Grant a public sewer and access easement over the proposed private streets (lots 22 through 28). Grant on the appropriate final map a 20 foot minimum sewer and access easement for the sewer line located between residential units unless otherwise directed by the City Engineer. Grant a 20 foot minimum sewer and maintenance access easement for the sewer line located within the Home Owner's Association's (HOA) slopes fronting La Media Road, unless otherwise directed by the City Engineer. PARKS/OPEN SPACE Through implementation of the Project, satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1, 000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/1 ,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks. The remaining requirement (1 acre/1 ,000 residents) shall be satisfied through the payment of fees. Ensure that all local parks are consistent with the SPA One PFFP and install same, to the satisfaction of the Director of Planning and Building and the City Engineer. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the City Engineer. /~"--cZÓ Resolution NO. - Page No. 12 Design and construct all local parks consistent with the provisions of the Chula Vista landscape Manual and related City-adopted specifications and policies. OPEN SPACE/ASSESSMENTS Prior to approval of the final map, agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. If requested by the City, provide an irrevocable offer of grant to fee title to the City on the final map for all open space lots shown on the tentative map and execute and record an irrevocable offer of grant of fee title for each of the lots to be maintained through the Home Owner's Association (HOA). WATER Present verification to the City Engineer in the form of a letter from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS Obtain, prior to approval of the final map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. Notify the City at least 60 days prior to consideration of the final map by City if off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification. the developer shall: Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the tentative map. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. / -g-- ~ ,,21 Resolution NO. - Page No. 13 Request that the City use its powers of Eminent Domain to acquire right- of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, band c above shall be accomplished prior to the approval of the appropriate final map. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines, as directed by the City Engineer. AGREEMENTS/FINANCIAL Enter into a supplemental agreement with the City, prior to approval of the final map, agreeing to the following: That the City may withhold building permits for the subject subdivision if anyone of the following occur: Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. The applicant does not comply with the terms of the Reserve Fund Program. That the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision approval. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. / ~> ,;¿ ;;L Resolution NO. - Page No. 14 Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot on public streets 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. Include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets (i.e., in multi- family areas) without approval of 100% of all the HOA members. Ensure that all insurance companies are permitted equal opportunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP). Enter into an supplemental agreement with the City prior to approval of the final map, where the developer agrees to the following: Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities identified in the Otay Ranch General Development Plan. Prior to approval of the final Map, or as otherwise determined by the Director of Planning and Building, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, enter into and execute with the City an Affordable Housing Agreement (USPA One Affordable Housing Agreement") containing, but not limited to, the following provisions: (a) The obligation to provide the total number of low and moderate income units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; (b) Identify the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); (c) The number of dwelling units within the master tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and (d) A description of what information must be provided in subsequent Project level Affordable Housing Agreements. Upon its approval Jð'~ ;¿J ..~--~._.~ --~--.. Resolution NO. - Page No. 15 by the City, the terms and conditions of the SPA One Affordable Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein by this reference. Prior to approval of the final map, pay the Project's proportional share, as determined by the Director of Planning and Building, of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. Prior to approval of the final map, provide security satisfactory to the City Engineer to guarantee the construction of the fair share of the improvements for the pedestrian bridges connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City; 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. SCHOOLS Deliver to the School District a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the SOOth residential building permit (150 students). The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. Not protest and cooperate in the formation of Community Facility District (CFD) for the Chula Vista Elementary School District and the Sweetwater Union High School District. Arrange for and have submitted a ·Confirmation of Mitigation Agreement for School Facilities· letters by the Chula Vista Elementary School District and the Sweetwater Union High School District to the Director of the Planning and Building Department prior to the approval of the final map. MISCELLANEOUS Include in the Declaration of Covenants, Conditions and Restrictions (CC&R's) provisions assuring maintenance of all streets, driveways, drainage and sewage Jg-/~I "'.-.---.- -.-.'--,-.--...---.--.----------..---.- ." ----~--.- .... ._._,--~,,-_._------- Resolution NO. - Page No. 16 systems which are private. The CC&R's shall also include provisions requiring the HOA to obtain an encroachment permit from the City prior to performing work on any private easement which may disturb any existing landscaping or any other public improvements. 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. The CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public purposes of land used for private streets will require prior written approval of 100% of all the Homeowners' Association members. Submit copies of Final Maps and improvement plans and storm drain plans in a digital format such as (DXF) graphic file prior to approval of said plans. Provide computer aided Design (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" HD or 3-1/2" disks prior to the approval of each Final Map. Update and resubmit to the City electronic files after any construction plan and ink changes to the grading and improvement plans have been made. Tie the boundary of the subdivision to the California System -Zone VI (1983). Submit copies of any proposed CC&R's for review and approval by the Director of Planning and Building and the City Engineer prior to approval of the final map. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the final map, obtain the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final map and improvement plans) will be approved. All work performed by the developer prior to approval of the final map shall be at developer's own risk. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. The developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final map does not record. PHASING If phasing is proposed within the Project or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of /?'~ d-_S ..-..-....-...- Resolution NO. - Page No. 17 Planning and Building. The City reserves the rightto require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. 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 revision. Adhere to the Public Facilities Finance Plan or revisions hereto for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. CODE REQUIREMENTS Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the final map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. Underground all utilities within the subdivision in accordance with Municipal Code requirements. Pay the following fees in accordance with the City Code and Council Policy: The Transportation and Public Facilities Development Impact Fees Signal Participation Fees All applicable sewer fees, including but not limited to sewer connection fees j,ðY---J-? Resolution NO. - Page No. 18 Interim SR-125 impact fee Telegraph Canyon Sewer Basin DIF Telegraph Canyon Basin Drainage DIF Otay Ranch Reserve Fund fee. 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 demonstrate said compliance as required by the City Engineer. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. Comply with all aspects of the City of Chula Vista Landscape Manual, to the satisfaction of the Director of Planning and Building. Comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.0901. and public facilities finance plan amendment procedures (19.09.100). By implementing the Project, the Applicant/Developer acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will require the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. Ensure that all proposed development is consistent with the Otay Ranch SPA One Planned Community District Regulations. Prior to approval of the final "B" map, the Applicant shall implement all applicable mitigation measures identified in EIR 95-01, the CEOA Findings of Fact for this Project (on file in the City Clerk's Office as Document No. C096- 056) and the Mitigation Monitoring and Reporting Program (on file in the City Clerk's Office as Document No. C096-057). /fJ,r~l ",---.~-_._---- --_._--------- Resolution NO. - Page No. 19 Prior to the approval of the final "B" map, the Applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City and the in lieu fee program, if applicable, to be adopted by the City Council. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. IX. APPROVAL OF TENTATIVE SUBDIVISION MAP The City Council does hereby approve the Project subject to the conditions set forth on Section VII listed above and based upon the findings and determinations on the record for this Project. X. 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, revoke or further condition issuance of all future building permits 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. XI. 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 that anyone or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: Approved as to form by: (J- 'Y'VCt9'l~ ~ Robert A. Leiter John Kaheny Director of Planning and Building City Attorney H:\shared\attomøy\9902CC.RES /~'--d--6 __"_.___'___.___'_.m.___~~___ COUNCIL AGENDA STATEMENT Item fl Meeting Date 12108198 ITEM TITLE: RESOLUTION j 9.2 7 Š CONDITIONALLY APPROVING THE CONVEYANCE OF 0.81 ACRE OF REAL PROPERTY LOCATEO AT THE NORTHWEST CORNER OF ADA STREET AND INDUSTRIAL BOULEVARD TO SOUTH BAY COMMUNITY SERVICES FOR THE DEVELOPMENT OF AN 11 UNIT TRANSITIONAL HOUSING PROJECT FOR YOUNG ADULTS WHO HAVE COMPLETED THE COUNTY OF SAN DIEGO FOSTER CARE PROGRAM SUBMITTED BY: C"~"";ty D.""",... D;,oc,", ~ REVIEWED BY: City Manage~ ~ ~ (4/5ths Vote: YesÃ No_) BACKGROUND: On October 21,1997, the City of Chula Vista and South Bay Community Services (SBCS) executed a Disposition and Oevelopment Agreement for the development of an 18 unit multifamily residential project for low income families, known as Trolley Terrace Townhomes, located at 746 and 750 Ada Street. It was originally envisioned that the adjacent 0.81 acre parcel located at the northwest corner of Ada Street and Industrial Boulevard and owned by the City would be developed as a day care facility to be integrated with the Trolley Terrace development. While a day care facility is still needed in the area, a facility with an approximate 145 child capacity is being proposed for the County of San Oiego Family Resource Center within a half mile radius of the subject property and a transitional housing project emerged as a more viable development opportunity with greater financial resources available and regional support. SBCS is now proposing the development of an 11 unit transitional housing project on the subject property for those young adults who have aged out of the County of San Diego Foster Care Program. In order for SBCS to effectively compete for various funding sources, including the County of San Diego's recent Notice of Funding Availability and private foundations, SBCS must be able to demonstrate site control or its equivalent. SBCS is requesting that the City approve a resolution evidencing site control by SBCS through the conditional approval of conveyance of the property. RECOMMENDATION: That the City Council adopt the resolution conditionally approving the conveyance of 0.81 acre of real property located at the northwest corner of Ada Street and Industrial Boulevard to South Bay Community Services for the development of an 11 unit transitional housing project for young adults who have completed the County of San Oiego Foster Care Program. /9~) - -- ,.-.--..---....--.--.,,-.--...-.. Page 2. Item _ Meeting Date 12108/98 BOARDS/COMMISSIONS RECOMMENDATION: Due to funding application deadlines, the Housing Advisory Commission (HAC) was unable to consider a recommendation regarding the conditional approval of a land purchase loan for the development of this 11 unit transitional housing project. The HAC will be reviewing this project at its December 9,1998 meeting. DISCUSSION: On an average month, 5,922 youths are in out·of·home foster care placements in San Diego County. Each year approximately 300 of those youths find themselves "emancipated" from the system at age 18 or 19 and are expected to fend for themselves. For many reasons, 50 to 65 percent of these young adults lack the full complement of skills and experience to make it on their own and homelessness becomes a real possibility. National statistics show that of those emancipated foster care youths, 35 percent have graduated from high school or have received a GEO and only 11 percent will go on to college or a vocational school. It is estimated that every year approximately 40 percent of these young adults are at risk of becoming homeless and/or becoming involved in the criminal justice system. Advocates and social service providers have long recognized that a disproportionate number of homeless persons have a foster care history. The development of transitional housing programs serving emancipated youths and the provision of comprehensive services to ensure a successful transition to independent living would not only provide a better quality of life for emancipated foster youths but would strike at one of the root causes of homelessness. The Proposed Proiect SBCS is proposing the development of 11 units of transitional housing on the property for young adults who have aged out of the County of San Diego Foster Care Program. The residents will have completed the County Foster Care Program and the transitional living program will be their first step towards self sufficiency and independent living. It is anticipated that most of the residents will stay for two years, although there will be no maximum length of stay enforced. During their residency, they will be required to continue their education or obtain employment with a career path. Residents will contribute a percentage of their income towards rent. The residential units will be newly constructed. The proposed unit mix and sizes are as follows: 5 1 BR/l BA units 6 2BR/l BA units The project will require a density bonus to allow for the development of 11 units on the property. 01 the 11 units, 10 will be for emancipated foster youths and one for the property manager. SBCS will concentrate their outreach and marketing efforts to those youths placed in Chula Vista to keep them within the community that they have grown accustomed. There will also be an office for a development associate, a commons area meeting room, and a computer room. No social services will be provided at the site. J1~2 Page 3, Item _ Meeting Date 12108/98 The property has adequate access to public transportation and is located adjacent to the Palomar Street San Diego Trolley stop. Additionally, it is located within walking distance to neighborhood services and the County Family Resource Center. Proposed Financino of Proiect It is currently estimated that the proposed total project cost will be $1.5 million. Sources of funding for the project will include approximately $270,000 in a land purchase loan from the City, an anticipated request for a City Contribution of $300,000 , and $850,000 from other sources which will include the State of California, County of San Diego, and private foundations. Form of Assistance The City will grant the property to SBCS for its development as transitional housing for emancipated foster youth subject to the conditions of funding further described below. In consideration for the property, SBCS shall pay the City approximately $270,000, the fair market value at the time of the City's purchase of the property in 1994, or the fair market value of the property to be defined as the appraised value of the property at the time of such transfer to SBCS, at 3 percent simple interest per annum over a 55 year period. SBCS' obligation for payment on the land Purchase loan would be to an annual payment based on residual receipts (the net rental income remaining after operating expenses); based on the pro-forma presented by SBCS, the project is unlikely to generate any residual receipts. It is anticipated that SBCS will request financial assistance of approximately $300,000 from the City to meet an expected financing gap. A recommendation for financial assistance in the form of a development loan will be presented to the City at a future date for consideration. Any financial assistance provided will be based upon a full financial analysis of the project costs and need for financial assistance, and subject to the negotiation of satisfactory terms of the Regulatory Agreement associated with the requested density bonus and the loan Agreement and approval of such terms and documents by the City. In previous years, the City allocated $300,000 in CDBS funds towards the development of this property for a day care facility. These funds could be used as a source of financing for the development of transitional housing. Upon approval by the City Council of the conveyance of the property to SBCS, subject to conditions, SBCS will enter into a loan agreement and associated documents with the City. The loan agreement will include all terms and conditions of said project approval. Council is being requested to direct and authorize staff to prepare the required property transfer agreement, regulatory agreement, and loan documents for City Council consideration. Conditions for Fundino It is recommended that any or all funding, including the land purchase loan, approved by the Council for the project be conditional, as follows: 1. Approval of other Funding: SBCS must secure all other funding necessary to fund the project. J1~;J ----_.._-,---- ------~---~-, ___,___. _______ _ w __._____...___"____._.__~_.___ Page 4. Item _ Meeting Date 12108/98 2. Environmental Review and land Use Approvals: All necessary review and approvals must be obtained. 3. Density Bonus Approval: A density bonus must be obtained and the required Regulatory Agreement executed. 4. Execution of Required Property Transfer Agreement, loan Agreement and Associated Documents: SBCS will enter into a property transfer agreement, loan agreement and associated documents with the City. The agreements will include all terms and conditions of said project development and operation. Summary It is staff's recommendation that the City Council adopt a resolution conditionally approving the conveyance of 0.81 acre of real property located at the northwest corner of Ada Street and Industrial Boulevard to South Bay Community Services for the development of an 11 unit transitional housing project for young adults who have completed the County of San Diego Foster Care Program for the following reasons: · The proposal's effectiveness in serving the City's needs and priorities as expressed in the Housing Element of the General Plan and the HUD Consolidated Plan. · The proposal's consistency with the City's affordable housing policies as expressed in the Housing Element, and the HUD Consolidated Plan. · The proposal's development and operating feasibility, financing sources and the role of the City and the Agency in providing financial assistance or incentives. The development and subsequent operation of the property as transitional housing for emancipated foster youth will be administered by SBCS, a capable non profit organization committed to affordable housing and social services for lower income households and the City of Chula Vista. SBCS has provided a comprehensive continuum of care for persons at risk of homelessness. In addition, SBCS offers services and shelter for runaway and homeless youths, long term self sufficiency programs for young adults, youth and family support services, family transitional housing, and other housing and economic development projects. The proposed City assistance meets the City's underwriting goals of reasonable project costs and leveraging of City resources. The development of transitional housing is a need and priority as specified within the City's Housing Element and the HUD Consolidated Plan. The City's State-mandated Housing Element requires the provision of housing for all economic groups and to facilitate the development of transitional housing programs. Understanding the importance of site control and leveraging of resources to secure funding from governmental sources and private foundations, an objective of the Housing Element is to assist with site selection and the acquisition of land for such developments. The lack of appropriate housing and supportive services for those emancipated foster youths places them at risk of homelessness. /J-1 ._~~~......_-_._-~_.- Page 5. Item _ Meeting Date 12108/98 FISCAL IMPACT: Approval of SBCS' request for the City to adopt a resolution evidencing the City's financial commitment and site control by SBCS would require as follows: land loan (Market Value of Property) $270,000 The City would need to agree to convey title to the property to SBCS upon satisfaction of all conditions of funding. In consideration for the property, SBCS will repay the City $270,000 or the appraised value of the property at the time of purchase, together with simple interest at 3 percent per annum. SBCS' obligation for payment on the land Purchase loan is limited to an annual payment based on residual receipts (the net rental income remaining after operating expenses); based on the pro·forma presented by SBCS, the project is unlikely to generate any residual receipts. It is anticipated that SBCS will request financial assistance of approximately $300,000 from the City to meet an expected financing gap. In previous years, the City allocated $300,000 in CDBG funds towards the development of this property for a day care facility. These funds could be used as a source of financing for the development of transitional housing. ULH) H:IHOMEICOMMDEV\STAFF,REP\12·08·98\FOSTERCA.WPD (December 2.1996)] /:; ~ 3- ..._~_..__.- -.-._-_.~_._.- COUNCIL RESOLUTION NO. )7;1.93 RESOLUTION OF THE CITY COUNCIL CONDlTIDNALL Y APPROVING THE CONVEYANCE OF 0.81 ACRE OF REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF ADA STREET AND INDUSTRIAL BOULEVARD TO SOUTH BAY COMMUNITY SERVICES FOR THE DEVELOPMENT OF AN 11 UNIT TRANSITIONAL HOUSING PROJECT FOR YOUNG ADULTS WHO HAVE COMPLETED THE COUNTY OF SAN DIEGO FOSTER CARE PROGRAM. WHEREAS, the City of Chula Vista owns the 0.81 acre parcel located at the northwest corner of Ada Street and Industrial Boulevard ("Property"); and WHEREAS, South Bay Community Services (SBCS) has proposed to develop the Property for an 11 unit transitional housing project for young adults who have completed the County of San Diego Foster Care Program and is requesting that the City make a land loan of two hundred seventy thousand dollars ($270,000) or the fair market value of the Property for purchase of the subject Property for the development of the transitional housing project; and WHEREAS, SBCS proposes to fund the project through the following various sources: [1] a City of Chula Vista Land Loan of two hundred seventy thousand dollars ($270,000), [2] an anticipated request for a City of Chula Vista contribution of three hundred thousand dollars ($300,000); and [3] financial assistance of eight hundred fifty thousand dollars ($850,000) from the State of California, County of San Diego and other private sources; and WHEREAS, the deadline for submission of the County of San Diego application for funding is December 15, 1998; and WHEREAS, various actions required to transfer the Property to SBCS and to develop the project on the Property will not be completed by December 15, 1998; and, WHEREAS, the requirements of the County of San Diego and private foundation applications for funding are evidence of site control or its equivalent where it is impossible to complete the transfer of the Property prior to the application deadline; and WHEREAS, the purpose of this Resolution is to comply with such County of San Diego and private foundation application requirements by providing SBCS with documentation evidencing site control by SBCS through the conditional approval of conveyance of the Property; and WHEREAS, the City Council, upon hearing and considering all testimony, if any, of all persons desiring to be heard, and considering all factors relating to the request for financial assistance, believes that the City's transfer of the Property to SBCS will be in the public intere~t based upon SBCS' ability to effectively serve the City's housing needs and priorities as expressed in the Housing Element and the Consolidated Plan and the cost effectiveness of developing said Property based on the leveraging of the financial assistance recommended; and WHEREAS, financial assistance for the development of the Property for transitional housing is consistent with the General Plan Housing Element and will allow for the provision of shelter and supportive services for those young adults at risk of homelessness; and, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby: 1. Find and determine that the above recitations are true and correct. /9-j, _o__o__"u 2. Approve the conveyance of Property located at the northwest corner of Ada Street and Industrial Boulevard to South Bay Community Services for the purpose of developing transitional housing for those young adults who have completed the County of San Diego Foster Caie Program subject to the following conditions: a. In consideration for the Property, SBCS shall pay the City $270,000 or the fair market value of the Property to be defined as the appraised value of the Property at the time of such transfer, at 3 percent simple interest per annum over a 55 year period. b. SBCS' obligation to make payments on the land Purchase loan and the Development loan will be limited to an annual payment based on residual receipts (the net rental income remaining after operating expenses). c. The term of the land Purchase loan and the Development loan shall be fifty-five (55) years. Should SBCS wish to continue operation of the transitional housing on the Property beyond the term of the loan, the term of the loan may be extended by mutual agreement of the City and SBCS and as agreed upon by both the City and SBCS. d. City Council final approval of project implementation documents which shall include, at a minimum, the following terms and conditions: i. Insurance, indemnity performance bond, and such other terms and conditions as may be required or approved by the City Attorney to mitigate City risks. ii. SBCS will be required to obtain all necessary environmental and land use review and approvals and to maintain operation of the transitional housing project consistent with the requirements for the project and the application for financial assistance. iii. SBCS must secure all other funding necessary to fund this project. ¡v. SBCS must obtain approval of a density bonus for the development of this project and execute the required regulatory agreement. 3. Authorize and direct staff to prepare or cause to be prepared the necessary property transfer, regulatory, and loan agreements and any associated documents necessary for the implementation of the project to be brought back for City Council consideration. Presented by Approved as to form by (L ~~ Chris Salomone Director of Community Development [(lH) H:\HOME\COMMDEV\RESOSl.AfterFosterCare.wpd (December 1, 1998 (4:04PM}] 19-? CHULA VISTA COMMUNITY DEVELOPMENT HOUSING DIVISION PROJECT APPLICANT: PROJECT DESCRIPTION: LOCATOR SBCS TRANSITIONAL HOUSING FOR AFTER FOSTER CARE YOUTH 0 PROJECT ADDRESSES: North west corner of Ada St Request: Conditional conveyance of property and Industrial Blvd for the development of an 11 unit transitional SCALE: FILE NUMBER: housing project for youths completing the NORTH No Scale None foster care program /9/~ - -.....-..---..---.....--..-.- c?<- COUNCIL AGENDA STATEMENT Item :22J Meeting Date 12/08/98 ITEM TITLE: Resolution /1.:211:, Approving an Agreement Between the City of Chula Vista and Law Crandall, A Division of LAW Engineering and Environmental Services, Inc., for Materials Testing and Geotechnical Consulting Services and Authorizing the Mayor to Execute Said Agreement on Behalf of the City SUBMITTED BY: ));rea" of Publk w,,~ REVIEWED BY: City Manage~ ~ ~\ (4/5ths Vote: Yes _ NoX) The construction of public works infrastructure improvements requires the use of quality materials to assure their longevity and usefulness. To assure that the City continues to obtain quality improvements, the City needs to obtain materials testing and geotechnical engineering services for projects built with both public and private funds. These services will provide the City's Public Works Inspectors with the ability to assure that the materials supplied to construct the City's infrastructure meet the project's specifications. Staff has completed the Request for Proposal (RFP) and consultant selection processes and has negotiated the proposed contract with Law Crandall to provide material testing services from January I, 1999 to December 31,2000, with an option to extend the agreement for an additional year. RECOMMENDATION: That Council approve the Resolution approving the Agreement between the City of Chula Vista and Law Crandall, A Division of LAW Engineering and Environmental Services, Inc., for Materials Testing and Geotechnical Consulting Services and authorizing the Mayor to execute said agreement on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The construction of public works infrastructure improvements requires the use of quality materials to assure their longevity and usefulness. In order to verify that materials used in City construction projects meet the City's specifications, we obtain certifications from manufacturers and material suppliers and require supplemental testing on a project-by-project basis. The City does not have the staff or the equipment to perform this highly specialized testing. In order to perform material and soil testing in-house, the City would be required to purchase very expensive equipment and materials and would need to hire two or three full-time personnel certified and qualified to operate the lab and to perform field testing and sampling in a timely and efficient manner. Further, the laboratory and field operations would have to be overseen at least part-time by a Registered Professional Engineer with laboratory experience, who would also be cM~/ Page 2, Item Meeting Date 12/08/98 required to review, sign, and certify all test reports. Therefore, it is much more practical and feasible to hire a consultant on an as-needed basis. It should be noted that Law Crandall can also provide other professional services, such as geotechnical engineering and environmental engineering services, which are required from time-to-time by the City. The services to be provided by Law Crandall have been obtained from various consultants for the last decade and have increased the City's ability to obtain quality materials. Consultant Selection Process The procedures, as outlined in the City's Municipal Code for the selection of the consultant, were utilized by staff to select the consultant for this project. The Request for Proposal (RFP) was sent to a City Bidder's List, and advertised in the Star News and San Diego Union-Tribune newspapers. Seven responses to the RFP were received from the following consultants: 1. Ninyo & Moore 2. Law Crandall 3. Kleinfelder, Inc. 4. Testing Engineers - San Diego, Inc. 5. Professional Services Industries, Inc. 6. Construction Testing & Engineering 7. Agra Earth & Environmental A Selection Committee was formed, comprised of City Public Works/Engineering personnel, a Principal Management Assistant from the Fire Department. and the City of San Diego's Construction Materials Laboratory Manager. The committee evaluated and rated the proposals, and narrowed them to the most qualified bidders who best met the criteria outlined in the RFP. Four of the firms were "short-listed" for oral interviews. Prior to the oral interviews, the selection committee made unannounced inspections of the firms' laboratory facilities. The following are the results of the Selection Committee's analysis in rank order: Consultant Score* Law Crandall 1316 Testing Engineers-San Diego, Inc. 1205 Ninyo & Moore 1133 Kleinfelder, Inc. 1132 * Maximum Possible Score = 1500 The Selection Committee prepared rating sheets and the four finalists were scored by each of the five members of the Selection Committee using the following criteria. .2ð,--;;L. , ". ..- ._-_._.,-~----~._.~-_._._~---_..- Page 3, Item Meeting Date 12/08/98 1. Quality of Proposal (See Attachment A for Criteria) 100 Points 2. Laboratory Visitation A. Laboratory Equipment 40 Points B. Staffmg Level of Laboratory 30 Points C. Overall Impression of Laboratory Facilities 30 Points 3. Oral interview A. Presentation 1) Understanding of the Scope of Services 15 Points 2) Firm's and Key Personnel's Experience 15 Points B. Interview Question Responses (See Attachment B) 70 Points Total 300 Points The RFP required the consultants to include a cost proposal for materials tests and personnel. In evaluating proposals, the unit costs and personnel rates accounted for approximately 17 % of the total score under "Quality of Proposal" . At the conclusion of the process, Law Crandall scored the highest points because of their ability to provide all of the services requested in a timely manner and because of the quality and depth of their professional and technical staff. A:reement - Sco'pe of Services/Fees The services to be provided include job site materials testing and material source inspections. The extent of these services will be determined on a project-by-project basis and will cover both private and public projects. The fees for these services will be based on a standard schedule of fees. The overall fees negotiated with Law Crandall are lower than the overall average fees of the short-listed consultants (please see Attachment C). As shown in Attachment C, Law Crandall's original fee proposal was higher than two of the short-listed consultants. After it was clear to the committee that Law Crandall is the best company in all but the fee criteria, staff met with them as required by the City Code to negotiate a more favorable fee schedule. Our negotiations resulted in Law Crandall reducing their fees considerably, such that in seven of ten categories, their fees are now below the average of the four short-listed firms. Staff considers Law Crandall's revised fee schedule to be fair and reflective of the quality of work that the City will receive from Law Crandall. Staff estimates that during the January 1999 to December 31, 2000 period, the consultant will provide materials testing and geotechnical engineering services on an intermittent basis at a cost not-to-exceed $200,000. The proposed agreement includes a provision for a one-year extension of the agreement (January 1,2001 to December 31,2001) by mutual consent of both parties, which would include the possible renegotiation of fees. If staff is able to reach agreement with Law Crandall on terms for a proposed extension, then staff will return to Council for approval to extend said agreement for an additional year. ;¿c~ 3 Page 4, Item Meeting Date 12/08/98 The agreement also specifies that the City has the right to refuse personnel assigned to a project by the Consultant. The proposed agreement (Attachment D) uses the City's standard two-party agreement, with minor changes to the "Hold Hanniess" and the "Ownership, Publication, Reproduction and Use of Material" clauses. At the request of the consultant, an additional clause was added at the end of the agreement stating that the City will advise contractors that Law Crandall's services do not include supervision or direction of the means, methods or actual work of the contractor and that the presence of Consultant's field representatives for project administration, assessment, observation or testing will not relieve the contractor of its responsibilities for perfonning the work in accordance with the plans and specifications. The added clause further states that the Consultant will not be responsible for job or site safety, except for the Consultant's employees and subcontractors. These changes to the standard two-party agreement have been reviewed and approved by the City Attorney's office. FISCAL IMPACT: The estimated maximum cost of this two-year contract totals $200,000. Funding for material testing and geotechnical engineering services will be obtained from developer inspection fees and from approved Capital Improvement Program (CIP) funds. There will be no expense to the City's General Fund. Law Crandall has not provided, nor received payment for, any services for the City within the past twelve months. Attachments A. Consultant Rating Fonn for Proposals B. Material Testing and Geotechnical Consultant Interview Questions ~ C. Cost Comparison ~ ::l D. Proposed Agreement Between City and Law Crandall .. ?,~I... pf: .-\ o~ ~~n~ ~~ \ KP Alkpa l{~() H:IHOMEIENGINEERIAGENDAILA w _ CRAN.l13 ~~L/ .-.. ---- -- --~_._. ---- RESOLUTION NO. )9:<'5" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LAW CRANDALL, A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC. FOR MATERIALS TESTING AND GEOTECHNICAL CONSULTING SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY WHEREAS, the construction of public works infrastructure improvements requires the use of quality materials to assure their longevity and usefulness; and WHEREAS, to assure that the City continues to obtain quality improvements, the City needs to obtain materials testing and geotechnical engineering services for projects built with both public and private funds; and WHEREAS, these services will provide the City's Public Works Inspectors with the ability to assure that the materials supplied to construct the city's infrastructure meet the project's specifications; and WHEREAS, staff has completed the Request for Proposal (RFP) and consultant selection processes and has negotiated the proposed contract with Law Crandall to provide material testing services from January 1, 1999 to December 31, 2000, with an option to extend the agreement for an additional year. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve an Agreement between the city of Chula vista and Law Crandall, a Division of LAW Engineering and Environmental Services, Inc., for Materials Testing and Geotechnical Consulting Services, a copy of which shall be kept on file in the office of the City Clerk as Document No. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute said Agreement for and on behalf of the city. Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\lorraine\rs\lawcran 2cJrÇ ."._'e_"_.'..<~·""'.'_'_' · Parties and Recital Page(s) Agreement between City of Chu1a Vista and LAW Crandall, A Division of LAW Engineering and Environmental Services, Inc. for Materials Testing and Geotechnical Consulting Services This agreement ( n Agreement n ) , dated January 1, 1999 fo:!:'" the pu::-poses of reference only, and effective as of .' date last L.ne executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Er":.':-1:;it A, paragraph 2, as such ("Cityn) , whose place of business ic:: '-'.:::>r- for~h on Exhibit A, paragraph 3, and the entity indicated on - .::;.-~ the a~tached E~~ibit A, paragraph 4, as Consultant, whose business f c =rn is s"'- forth on Exhibit A, paragraph 5, and whose place of -~ business and telephone numbers are set forth on Exhibit A, pa:::-agraph 6 ( "Consul tant n) , and is made with reference to the following facts: Recitals Whe::-eas t the Ci.ty desires to have geotechnical services and cons~ruction material t.esting in conjunction with various capi ':.al imp::-ovement. projects in which it engages and in conji.l.:.îction with ..... ....' compliance on construction projects engageà in by spec:"I~CaL.J..on va~ious private parties which the City is required to review¡ and, Whereas, Consultant desires to perform ~hese services for the City at the price and terms herein specified; and, Whereas, Consultant warrants and represents that they are experienceè and staffed in a manner such that they are and can prepare and deliver ~he services required of Consultant to City wi:.hin the ~ime frames herein provided all in accoràa:lce with the te:!1!lS and conditions of this Agreement; Ag=eement Be~ween the City of Chula Vista and LAW Crandall Page 1 fo= Ma~erials Testing and Geotechnical Consulting Services eJ.{) ~ ~ -.-..-.-...-.- .----.--.--.... NOW, T::EEEFORE, .:::;.=:. IT E2S0LV2~ ::ha:: :.~~ City ----' :,:):;,s-",,:,=-:,=..:::, as ~eyeby m~~ually as~ee as f:)2.l::)ws: l. Consultant's Duties A. General Duties Consultant shall perform all of the se=vices des==i~ed a~ :.i~ a~~ached E~~ibit AI Paragraph 7, entitled "Gerleyal :Ju.':.ies It ; a:-.::., ~ Scope of Work and Schedule In the process of performing and delivering said IIGene~al Duties" , Consultant shall also perform all of -:11e services described in Exhibit A, Paragraph 8, entitled " Scope of Work and Schedule" , not inconsistent with the General Duties, according t.o/ and within the time frames set forth in Exhibit A, Paragraph 8, and de~iver to City such Deliverables as are identified in Exhibi:: 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 te=minate ~. . 1...:11.5 Agreement. C. Reduc'Cions in Scope of Work City may independently, or upon request from Cons~ltant., :::-affi ~ime to time reduce the Defined Services t.o be performed by :'11e Cor..sultant under this Agreement. Upon doing sc, 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 herei!1 set :cor::.h, 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 Agreement Between the City of Chula Vista and LAW Crandall Page 2 for Materials Testing and Geotechnical Consulting Services ,)¿/~? tiYr!= and r.,a:.e~ials .::JâS2.S a: ~"c :-aces sc.~ forth - - the IT-=-;:__ç. '---- _u Sc~edule" :.:: Exhib:':: Þ., Pa~ã.g~aph - - (C) , '..:::less a s=pa~at.e - . - -- =:.z=:::. fee is otheY\o.·ise ag~eed ..L.="=" cornpe:1sation ::s= A --.. - upon. acl.::':"o:-..:3._ Se:::vices shall be paid month:èy as b:'lled. E. Stanàard of Care Consul=arrt, in perform:'ng a~y Services under this agreemer::., whe::her Defined Services or Addi::ional Se!:"Vices, shall perform ':'n a manner consistent with that level of care and skill ordinaYily exercised by members of the profession currently prac::icing u~jer similar conàitions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Senrices required to be rendered, are protected against the risk of loss by th~ following insurance coverages, in the following categories, and to ::he limits specified, policies of which are issued by Insura~ce Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Au~~mobile :nsurance coverage in the amount set forth in Exhibic: A, Paragraph c combined single limit applied separa~ely to each ~ , project away from premises owned or rented by Consultant, which names City and Applicant as an Adàitional 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 -liabili ty 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. Agreement Be::ween the City of Chula Vista and LAW Crandall Page 3 for Materials Testing and Geotechnical Consulting Services d-LJ - g- ---------- -" -_...----~-------~ G. ?:-':)8: or ~nsuYance Coverage. '::; Cert.i::icates of Insu:r-ance. C::msul tant shall demonstrate proof of coverage ' . ne:-e:.n re~...:.ired , prior to the commencement of services required under t~is Ag=-::ement, by delivery of Certificates of IDsurance âemonstrating same, and further indicating that the policies may not be canceleè wi:.h.aut at least thirt:y (30) days written not:ice to the Addit:ior.al Insl:red. (2) Policy Endorsements Required, Ir. order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required unàer Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City dem:::ìnstrating same, which shall be reviewed and approved by the Risk Manager. E. Søcuritv 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 . . entitled "Performance Bond") , then Consultant shall suoparagrapn proviàe to the City a performance bond by a surety ~~d 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 Cit:y at their unfettered discretion by submi tt ing to the bank a letter, signed by the City Manager, stating that the Consultant is Agreement Bet:ween the City of Chula Vista and LAW Crandall Page 4 for Mat:erials Testing and Geotechnical Consulting Services c1.¿1---j :"r: b:::-each ~-' t.he :e~s 0: :.n:'5 AgYeernent. 'The le'::ey 0: c~e~::.:' ~- s~all be issued by a ~ank, and be in a form a~è amoun~ sa~is~ac~~~ý ~o ~he Risk Manager 0:::- Ci~y Atto:::-ney which amount is indicated in the space adjacent ~o the term, "Letter of Credi t " , in said Pa:::-agraph 19, Exhibit A. (3 ) Othe:::- Security In the event that Exhibit A, at Paragraph 19, indicates 'Che need ::or Consultant to provide security other than a Pe:::-formance Bond or a Letter of Credit (indicated by a check ma:::-k in the parenthetical space immediately preceding the subparagraph entitled "O~her Security"), then Consultant shall provide to the CÜy 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 tbIoughout 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, Agreement Between the City of Chu1a Vista and LAW Crandall Page 5 for Materials Testing and Geotechnical Consulting Services 02.CJ --- / {/ P~=a;raph :"2, but in ~a event moye f::-equently :han ma~~~~y, O~. -".-;.0 day ~f the p~riod indicated in Exhibit A, Pa:::-agraph :"3, ~. - -., __lty s:J.a~J.. compensate Cor.sultant for all services rendered DY Cons1.l1:.an.'c according to the teYms and conditions set forth in Exhibit "L .., Paragraph 11, adjacent to the governing compensation relationship inci:'cated by an "X" 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, anci 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. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the Agreement Between the City of Chula Vista and LAW Crandall Page 6 for Materials Testing and Geotechnical Consulting Services dû-// - -......----.....-..-- fcll8wing penalty: ?~r each consecu~ive cale~dar day ~~ excess ~- t.h= 'time sDecified :::or t.he comple:.ion 8= t.he res':)ective w:;rk assignment or Deliverable, the consultant shall pay t.o t.he City, 8:::- have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate" ì . Time extensions for delays beyond the c8nsultant's control, other than delays caused by the City, shall be request.ed in w:::-iti~g to the City's Contract Administ:::-at8:::-, or àesignee, prior to :.he expiration of the specified time. Extensions of time, when granted, will be based upon the effect of àelays to the wo:::-k arld will not be granted for delays to minor portions of wo:::-k unless it can be shown that such delays did or will delay the p:::-ogress 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 II FPPC filer" , Consultant is deemed to be a "Consultant" for ::he purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic inte:::-ests to the City Clerk on the required Statement of Economic Inte:::-ests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Att.o:::-ney. B. Decline to Participate. Regaràless of whether Consultant is àesignated 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 Agreement Between the City of Chula Vista and LAW Crandall Page 7 for Materials Testing and Geotechnical Consulting Services c2é? --- / d-- p~~mulgate¿ by the ?a.ir Political Practices Commiss':'-:Jr.., a:1::' .-;:c ~ ,~" Consultant åQes ::10":., to t.he best of CGTIsu2.':.a:::.'s ae:.erm1.nec. :.nat. k!1owledge, have an economic inte=est which would con£lic:. vl~:'~ CO!1sultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an ?P?~ Filer, Consultant further warrants and represents that: Consulta!1t will not acquire, obtain, or assume an economic interest during the te= 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 le~rns of ~~ economic interest of Consultant's which may result in a conflict of interest for the purpose of the F-iv- Political "--- Practices þ.~ct, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, no:::- Consultant's immediate family members, nor Consultant's employees or agents (" Consul tant Associates") presencly have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or irr any property wichin 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ( "Prohibi ted Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Agreement Becween the City of Chula Vista and LAW Crandall Page 8 for Materials Testing and Geotechnical Consulting Services . cM~/3 "I declare under penalty of perjury that I am employed by tho City of Chura Vista in the Office of tl10 City Clerk enj that r posted this Agenda/Notice on the Bulletin Board at Tuesday, December 8, 1998 the Public S rv' es Building 8S ~7n Council Chambers 6:00 p.m. OATED.) 2 . SIGNED 7.. ..--..... .. Public Services Building (immediately following th~ City Council di g) CHULA VISTA CITY COUNCIL CLOSED SESSION AGENDA Effective April 1, 1994, there have been new amendments to the Brown Act. Unless the City AI/orney, 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 pennil/ed 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 of time taken up by closed sessions, the videotaping will be temlinated 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. I. CONFERENCE WITH LEGAL COUNSEL REGARDING: . Existin!: liti!:at;on pursuant to Government Code Section 54956.9(a) I. Gillespie v. City of Chula Vista. 2. Luna v. City of Chula Vista. 3. Ruthertè>rd v. City of Chura Vista. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 I. POA Negotiations. 2. REPORT OF ACTIONS TAKEN IN CLOSED SESSION -------,----,_.".- _____n_____________..________' ('ons'~ --nt- agreos -hat Consu1--n- Asso~' --0 h< - - _~~n'~_ ..... t:.._~o..... _.... '- J. _,-ct. '- ...._0.'-_5 S 10.__ no..... c._~......__= a::y such :?::-:>hi.1:;i ted ITI'terest wi thin the Te::m of this J..:;::-eem'5:!1:', -.~ fo~ 12 mon~hs after the expiration of this Agreemen~, excep~ v.1:' :'!"'l the written permission of City. Consultant may not conduct or solicit any business fo~ any pa~~y to this Agreement, or for any third party which may be :..n conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Ha=less 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 negligent acts or omissions or willful misconduct of the Consultant, or any agent or employee, subcontractors, or others in coÍmection with the execution of the work cove:=-ed by this Agreement, except only for those claims arising f:!:""om the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all cost.s, 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 Ci:.y, defend any such suit or action brought against the City, i:.s officers, agents, or employees. Consultants' inde~ification of City shall not be limited by any prior or subsequent declaration by the Consultant. B. 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 I 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 Agreement Between the City of Chula Vista and LAW Crandall Page 9 for Materials Testing and Geotechnical Consulting Services c1CJ~ /y p~=pa~ed by Consultant shall, at the optior; G: the City, become -:he - h C" and Consultant shall ~e entitl=~ to receive p~~perty 0= t e lty, jus": and equitable compensation for any work sat.isfactorily completed on such documents and other materials up to the effective date of Notice of Te!:"!!\ination, 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 wo~k 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 (3D) 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. ll. 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". Agreement Between the City of Chula Vista and LAW Crandall Page 10 for Materials Testing and Geotechnical Consulting Services ~ ~r/.!? 12. Ownership, Publication, Reproduction and Use of Material All yepoyts, s::udies, . "' . data, statistics, £cyms l.n..LOrrnatlon, àesigns, 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 oy properties produced in whole or in part under this Agreement shall be subjec:: to private use¡ copyrights oy patent righ::s by Consultant in the Uni::ed States or in any other coun::ry without the express written consent of City. City shall have unres::ricted 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, åata, statistics, forms or other materials or properties produced under this Agreement at the sole risk of City and without further liability to Consultant. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the ma=er and means of performing the services required under this Agreement. City maintains the right only to rejec:: or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all pu~oses under this Agreement, an independent contractor and shall not be åeemed 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. Theyefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1. 34 of the Chula Vista Municipal Code, as same may from time to time be Agreement Between the City of Chula Vista and LAW Crandall Page 11 for Materials Testing and Geotechnical Consulting Services d-.-V- /~ ---------- ame~::ied, ' " - n' " "b " - tne pY8VlSlOns or W~lcn a~e lncorp~~atea y :~~s re!e~en~e as if fully se~ for~h herein, anà suç~ polic~es anà p~~~e¿uYes used by the City in the implementation of same. Upon request by City, Consultant shall meet and cQnfer in good faith with City for the purpose of resolving any dispute over the te::-ms of this Agreement. ~5. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing pa:::-ty shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. ~6. Statement of Costs In the event that Consultant prepares a report 0:::- document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall incluàe, 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 0:::- document. ~7. 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. Agreement Between the City of Chu1a Vista and LAW Crandall Page 12 for Materials Testing and Geotechnical Consulting Services clL}--- /7 ~ N8:ices - . An , àemanàs oy ~eques~s proviãed for O~ pe=mitte~ ~s ~.l....l TIa:.::..::::es, be given pu:r-suant to this Agreement must be in w:::-i~ing. ],.=-1 no=:"ces, demands anc requests to be sent to any pa:r-ty shall be deemed to have been p:r-operly given or served if personally served 0:::- äeposited in the United States mail, addressed to such par::y, postage p:r-epaid, registered or certified, with re:'u!:n receiDt. requested, at the addresses identified herein as the places of business for each of the designated parties. D. En::i::ce Agreement This Agreement, together with any other writt:en 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 amelldment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants fu~d represents to t:he other party that it has legal authority and capacity and di::cection from its principal to ente:r- into this Agreemellt, and that. all :r-esolutions or other actions have been taken so as to enable it to enter in::o this Ag:r-eement. F. Gove:r-ning 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. Agreement Be::ween the City of Chula Vista and LAW Crandall Page 13 for Materials Testing ~~d Geotechnical Consulting Services :20 --- / r 18. Field Representative Shoulà another contractor(s) not :r-e'.:&.ined by C8:1sult.an:. ::>e involved in the project, City will advise such cont~accor{s) -....- ...... .......i.c:.-... Consultant's services do not incluàe supervision or direction ~f th:: means, methods or actual work of the contractor (s) , !:lS employees or agents, and the presence 0= Consultant's field r::presentatives for project administration, assessment., observation or testing will not relieve the contractor 0= its responsibiliti::s for performing the work In accordance with th:: plans arrd specifications. It is agreed ¡:hat Corrsultant will not b:: responsibl:: for job or site safety or security on the project, other than for Consultant's employees and subcontractors, and that Consultant does not have the duty or righ¡: to stop the work of another contractor. [end of page. next page is signatur:: page.] Agreement Between the City of Chula Vista and LAW Crandall Page 14 for Materials Testing and Geotechnical Consulting Services :JO~ / I Signature Page to Agreement between City of Chula Vista and LAW Crandall for Geotechnical and Materials Testing Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Da:.:ë.: , 19 City of Chula Vista - by: Shirley Horton, Mayor Attest: t ~ ~ ~. ~ ···~~~~~u~o~ - ~I Beverly A. Authelet, City Clerk j @ COMM. # 1051171.) I _ Notary PIbIIc - CcIt'arIIa SAN DIEGO COUN1Y - J . My Comm. &pno MAY 14 "" I Approved as ~o form: .... 91i7sKvPARKè'rsÃNYœGòCÁ92123 amð- cYðú...- CocpuJd£ /tj/~/96 Jor.TI M. Kaheny, City Attorney Da:.ed: LAW Crandall, A Division of LAW Engineering and Env~ental, Services, Inc. By: . s;rÜJ ~âJ Lawrence E. Carroll Assistant Vice president/ H: \HOME\ENGINEER\INSPECT\RFP\LAWAGREE. 001 Engineering Services Mgr. Exhibit List to Agreement (X) Exhibit A. (X)Exhibit B: LAW Crandall January 1998 Standard Schedule of Fees Agreement Between the City of Chula Vista and LAW Crandall Page 15 for Materials Testing and Geotechnical Consulting Services ;;¿¿J - cÅ¿J .- Exhibit A to Agreement Between City of Chula Vista and LAW Crandall, A Division of LAW Engineering and Environmental Services, Inc. l. Effective Date of Agreement: Januarv 1. 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: a [insert business form] (IIC:"ty") 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: LAW Crandall, A Division of LAW Engineering and Environmental Services, Inc. S . Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Exhibit A to Agreement Between City of Chula Vista and LAW Page A-I Cr~~dall for Materials Testing & Geotechnical Consulting Services ~~cJ,/ -,---_._-------- __ __ ______,___ _________._"_..____. - _n__ 6. place :)f 3usiness, Telephone an¿ Fax N~mber of ::>:1sultô.::~: 9177 Sky Park Court, Suite A San Diego, California 92123 Voice Phone (619) 278-3600 Fax Phone (619) 278-5300 7 . General Duties: Consultant shall proviàe materia~s testing and geotechnical engineering services at the diyection of the City Engineer at construction sites and facilities designated by the City of Ch1.:la Vista. The Consultant is to proviàe: A. Materials testing laboratory facilities staffed with personnel qualifieà to perform sampling and testing of portland cement concrete, soils, treated soils, crushed aggregate base, and bituminous materials, as required. The materials testing laboratory must have a documented Quality Assurance Program (QAP) in conformance with Chapter 16 of the CALTRANS Local Assistance Procedures Manual. B. Geotechnical/soil engineering services for City-funded projects during earthwork construction operations, including geotechnical/soils engineering observations during site preparation for placement of fill and construction of sub-àrainage systems. C. Personnel that are experienced in the testing of materials used in the construction of public works facilities and familiar with the San Diego Area Regional Standard Drawings and the Green Book. The City shall have the right to make a determination as to the qualifications of individual personnel and shall have the right to require substitution of non-qualified individuals with qualified personnel. The Consultant's QAP must include procedures and policies in which personnel are certified to perform the materials testing and sampling requested by City. Exhibit A to Agreement Between City of Chula Vista and LAW Page A-2 Crandall for Materials Testing & Geotechnical Consulting Services oW --- ;l ;L D. C::>::sulta:l': is to p~ovide mater.:a...:.. ':.estin~ serv"ic:es . - _h :-esponse :'Ç¡ the City's reqùest foy such se~v~ces a:. :.:;.e ~~mes and ~ocations as determined ~y the Ci:.y Engineey. Requests for material testing services shall ~e maàe w~:.h p~ior working day's notice by the City. E. Eave a documented internal laboratory QÞ.P ror all ~equired laboratory analyses ana procedu~es. ..L.ll ~eference standards and equipment calibrations shall be t~aceable to the National Institute of Standards and Tecb..nology . F. Assure that all instruments and devices to be utilized in field and laboratory analyses are properly maintained and calibrated in accordance with the Consultant's QAP. G. P~ovide the City of Chula Vista with all original data, reports, records, etc. of field and laboratory analyses, as well as certified copies of all calibration and maintenance records. Further, the Consultant shall maintain copies of all records related to field and laboratory testing performed under the contract ror a minimum of five years from the date of the sample, measurement, report, etc. This period may be extended during the course of any unresolved litigation or when ~equested by the City of Chula Vista. H. Billing fo~s and procedu~es used shall be acceptable to the City. 8. Scope of Work and Schedule: A. Detailed Scope of Work: I. Materials Testing The Consultant shall perform the requi~ed American Society fo~ Testing and Materials (ASTM) and State of California Depa~tment of Transportation (CalTrans) Standard Test Methods as required by the City Engineer. The work shall be paid for on a per test basis, which shall include all costs such as testing, reports, Exhibit A to Agreement Between City of Chula Vista and LAW Page A-3 Crandall for Materials Testing & Geotechnical Consulting Services d-Þ"'d-3 s~~~i~g of speçimens, :urnishi:1g ':es': cyl.i:¡~e~s, etc. -- list.e::: - ~ :.n: Í8110wing fee sc:J.eãule: I TEST METHOD I PRIMARY TESTS I FEE I ASTM Cll 7 Fine Sieve Analysis wi~h 200 Wash $ 60 ASTM CD 6 Sieve k~alysis of Fine and Coarse Aggrega~e $110 ASTM C1856 Abson Recovery Me~hod $630 ASTM C39 Compressive S~rength - Concrete Cylinder $ 42 (Set 0:: Three) ASTM D1557 Compaction Characteristics of Soil Using $130 the Modified Proctor Method ASTM D1559 Marshall Apparatus $150 ASTM D2041 Maximum Specific Gravi~y and Density of $135 . Bituminous Paving Mix~ures ASTM D2170 Kinema~ic Viscosity of Asphal~s $150 ASTM D2172 Extraction of Bitumen from Bituminous $175 Paving Mixtures ASTM D2419 Sand Equivalent Value of Soils and Fine $ 70 Aggrega~es ASTM D2726 Specific Gravity and Density of Compacted $ 40 Bituminous Paving Mix~ures ASTM D3910 Consis~ency Test & Wet Track Abrasion Tes~ $300 CA TEST 202 Sieve Analysis of Fine & Coarse Aggrega~es $110 CA TEST 216 Relative Compaction of Untreated and $130 Treated Soils and Aggrega~es CA TEST 217 Sand Equivalent $ 70 CA TEST 226 Moisture Content in Soils by Oven Drying $ 20 CA TEST 301 UR" Value of Soils by S~abilome~er $160 0. TEST 304 Preparation of Bituminous Mixtures for $ 0 Testing CA TEST 307 Moisture Vapor Susceptibility of Bituminous $165 Mixtures Exhibit A to Agreement Between City of Chula Vista and LAW Page A-4 Crandall for Materials Testing & Geotechnical Consulting Services .2¿J ~ d- { I '!'EST METHOD I PRIMARY TESTS I FEE I Cl-. TEST 308 Specific G~avi~y and Weight of Compressed $ 40 Bituminous Mixtures CJ.. TEST 310 Asphalt and Moisture Contents of Bituminous $150 Mixtu~es by Hot Solvent Extraction (or Equivalent Methodology) CoL. TEST 312 Design and Testing of Class "A" Cement $800 Treated Base (Complete CTB Design, including aggregate conformance testing) CJ.. TEST 366 Stabilometer Value of Bituminous Mixtures $135 CA TEST 367 Recommending Optimum Bitumen Content (OBC) $ 50 0. TEST 375 In-Place Density and Relative Compaction of $40.50 Asphalt Concrete Pavement per hour CA TEST 379 Asphalt Content of Bituminous Mixtures $ 70 CA TEST 521 Compressive Strength of Concrete Cylinders $ 14 CA TEST 540 Mixing, Storing, and Handling Concrete $40.50 Compressive Strength Specimens in the Field per hour o. TEST 643 Estimating Service Life of Metal CUlverts $115 ASTM C131 Abrasion and Impact in the L. A. Machine $150 ASTM C289 Potential Reactivity of Aggregate $575 ASTM C4 ° Organic Impurities in Fine Conc~ete $ 42 Aggregates ASTM C42 Testing Drilled Concrete Cores (Compression $110 Testing and preparation of Specimens, Set of Three) ASTM C78 Flexural Strength of Concrete $ 38 ASTM C88 Soundness of Aggregates by Use of Sulfates, $ 85 Per Size Fraction ASTM D422 Particle-Size Analysis of Soils $215 CA TEST 205 Percentage of Crushed Particles $110 CA TEST 211 Abrasion of Coarse ( 500 Revolutions) $150 Aggregate - L.A. Rattler (1,000 Revolutions) Exhibit A to Agreement Between City of Chula Vista and LAW Page 1>.-5 Crandall for Materials Testing & Geotechnical Consulting Services d..¿J---- ~ç ----- ------.-.. I TEST. METHOD I PRIMARY TESTS I FEE I Cl-. TEST 213 Organic Impurities in Concrete Sand $ ,,2 0-. TEST 214 Soundness of Aggregates by Sodium Sulfate, $ 85 Per Size Fraction 0-. TEST 227 Evaluating Cleanness of Coarse Aggregates $ 70 c.z.. TEST 229 Test for Durability Index (1 Fine/1 Coarse) $155 c.z, TEST 311 Determination of Moisture in Soils, Mineral $200 Aggregates, and Bituminous Mixtures by Xylene Reflux (or Equivalent Methodology) CA TEST 533 Ball Penetration in Fresh Portland Cement $40.50 Concrete per hour II. Geotechnical Engineering Consultant shall provide Geotechnical Engineering services for City projects during earthwork construction operations which aRE necessary to meet finished grades shown on the plans and cross- sec-cions. Consultant shall provide geotechnical engineering obse:rvation during site preparation for placement of fill and construction of subdrains. Consultant shall make recommendations regarding the removal of unsuitable material for fills and methods of compaction based on previous geotechnical investigations and Consultant's obse:rvations. Consultant's services will be on ar. as- needed basis. Payment shall be on an hourly basis fo::- time sp'=:l":. OL each Cicy project. T-- Accounting and Billings Consultant shall provide separate invoices for each City project identified. Every invoice will list all work performed on project. Invoice shall show total amount billed to date for project, payments received, and amount due. All work elements shall be itemized, i.e. tests performed, personnel charges/hours, equipment costs, etc. City shall be billed within four (4) weeks of work performance. The Consultant shall forfeit payment for work performed and billed to Ci ty more than sixty (60) calendar days after performance of work. Exhibit A to Agreement Between City of Chula Vista and LAW Page A-õ Crandall for Materials Testing & Geotechnical Consulting Services -2tJ~ 2? ~, -... --. -- "" IV. Persor::1el Mr. David C. Wilson shall se~ve as prcject ManageY and sins~e point of contact for the City. The City shall reserve the riqht 0: refusing personnel assigned to a project by the Consultant. V. Reports City to receive written report.s on -::es";: results within - working days after completion of test results. Test results are to be faxed as soon as final test results are available. VI. Conflict of Interest Consultant shall refrain from having clients who may be doing work under permits or contractual agreements with the City of Chula Vista. VII. Work not listed in Schedule If an occasion arises whereby the City requests work to be done which is not listed in this schedule, the price/cost of providing this work shall be negotiated in good faith between the City and the Consultant. The negotiated price(s) shall not exceed the January 1998 Schedule of Charges labeled as Exhibit B to this agreement between the City and Consultant. 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: Deliverable No. 2: Deliverable No. 3 : Exhibit A to Agreement Between City of Chula Vista and LAW Page Þ.-7 Crandall for Materials Testing & Geotechnical Consulting Services c2ð~~l D. D - ".- _1 i Consul:a::: se::-v:"::-::s: a:e :or COffip~e:lOTI O~ c:..~_ DecemD== 31, 2000. City has the option to '2xtenà -cr:=-.s ag~eement for one additional year (from January 1, 200: ~o Decembe~ 31, 2001) . Said extension shall be by mutual agreeme!lt betwee!1 City and Consultant. The City Contract Administrato~.shall give not:ice of election to extend this agreement by sending not:ice by letter to Consultant: not later than th::-ee mon":ns prior -~ ~~ expiration of the te~. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . (X) Errors and Omissions Insurance: $500,000 (not included in Commercial General Liability coverage) . 10. Materials Réquired to be Supplied by City to Consultant: To be determined on a project-by-project basis, mutually agreed to by City and Consultant. 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For pe~:o~ance of all of the Defined Services by Consultant as herein ::-equired, 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 , ) l. 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 Exhibit A to Agreement Between City of Chula Vista and LAW Page A-8 Crandall for Materials Testing & Geotechnical consulting Services c2c--- ;LJr each phase orrly ~he 2Gmpensa~ion for ~~a~ phase has been paid. Þ_n.y payments mace hereu:-l.G.e~ sha="l ;::¡" considered as int.erest free loans w::::.ch mus-:. be retu!:7led to the City if the Phase is n~t. satisfactorily completed. If the Phase is satis:actorily completed, the City shall receive credit against the compensation due for that phase. The ~etention 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 t.he 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. I Fo~ 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 fort.h . Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1- $ 2. $ Exhibit. A to Agreement Between City of Chula Vista and LAW Page A-9 Crandall for Materials Testing & Geotechnical Consulting Services ~d~;J., 9 ,,-.,<--- 1. :~~erim Mo~thly Advances. ThpC':_· '-"·1 --~&::. ~_ __y sna~_ m~t._ in~e~irn monthly advances against the cQmpensa:.':" c)!;. àue for each phase on a percentage c= complet:iQn 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 TICJt. satisfactorily completed. If the Phase 1S satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth 1n 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 Cicy, 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 maàe unless 'Che Contractor shall have represented in writing that said percentage of completion of the phase has been perfoYTIled 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 as to a specified materials test the fee as listed in paragraph 8 .A. I. For materials testing and other services requested by the City, such as pla.,.'"J.t inspection and geotechnical engineering, the City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amOlli'"J.ts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: Exhibit A to Agreement Between City of Chula Vista and LAW Page A-IO Cra.,.'"J.åall for Materials Testing & Geotechnical Consulting Services c2ð~ 3tJ (:) ( ) Not-to-Exceed L~œitatio~ on Time a~d Mate~~~~s Þ-Arrangement Notwithstanding the expenàiture by Ca:1sultan:: ~- ~- time and materials in excess of said Maximum Compensa::ian amount, Consultant agrees that Consultant will pe~fo~m all of the Defined Services herein required 0: Consulta:1t for S including all Materials, and a::h"r "reimbursables" ("Maximum Compensation") . (2) (X) Limitation without Fur~her Authorizatio:: on Time and Materials Arrangement At such time as Consultant shall have incurred time, materials, and fees equal to $200,000 ( "Authorization Limit") , Consultant shall not be entitled to any addi- tional 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 - Personnel c- Category ofConsu.ltant Employee Hourly Rate Staff Professional $ 78.00 Project Professional $ 95.00 Senior Professional $105.00 Principal Professional $126.00 Chief Engineer/Geologist/Scientist $140.00 Senior Construction/Senior Program $130.00 Manager Senior Technical Writer $105.00 Certified Industrial Hygienist $140.00 Senior Consultant $110.00 Corporate Consultant $210.00 Exhibit A to Agreement Between City of Chula Vista and LAW Page Þ.-11 Crandall for Materials Testing & Geotechnical Consulting Services -2ß~J/ Category of Consultant Employee Hourly Rate Special Registereà Inspecto~* $ 50.00 Materials Field Technician ( Including $ 40.50 Testing Equipment) * Senior Materials Field Technician $ 60.30 (Including Testing Equipment) * Ultrasonic Technician (Including Testing $ 49.50 Equipment)" Coring Technician - Concrete, Asphalt $ 99.00 (Includes Coring Equipment and Truck)" Soil Foundation Quality Control $ 52.20 Technician (Including Testing Equipment)" Field Exploration Engineer/Geologist/ $ 73.80 Technician" Laboratory Technician (Materials, $ 65.00 Geotechnical, Environmental)" Senior Laboratory/Senior Field Technician $ 90.00 (Materials, Geotechnical, Environmental)" Word Processor" $ 49.50 Draftsperson" $ 56.00 CADD Operator (Includes Computer)" $ 65.00 Accountant" $ 55.00 Project Administrator* $ 62.00 Notes: 1) Time for all categories of employees will charged on a portal-to-portal basis, with a two (2) hour minimum charge per callout 2) Employee Categories with an """ will be charged at 1.5 times the above hourly rates for over 8 hours worked and for work on Saturdays, Sundays, and holidays ( ) Hourly rates may increase by 6% for services rendered after [month] , 19 , if delay in providing services is caused by City. Exhibit A to Agreement Between City of Chula Vista and LAW Page ".-12 Crandall for Materials Testing & Geotechnical Consulting Services ~---3e2 12. Mater:als Reimbu=semen~ Arrangement For th: cost of out of pocket expenses incurred by ConsL:~~~~ in the pe~f8:::mance of services herein required, City shall pay Consultant at the races or amounts set forth below: ( ) None, the compensation includes all costs. Cost or Ra':.: ( ) Reports, not to exceed $ : ( ) CQpies, not to exceed $ : ( ) Travel, not to exceed $ : ( ) Printing, not to exceed $ : ( ) Postage, not to exceed $ : ( ) Deli very, 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: Roberto Saucedo or Kirk Ammerman, Cons~ruction Engineeyinq 276 Fot:::th Avenue Chula Vista, CA 91910 Voice ?hone: (619) 476-5380 FAX Phone: (619) 476-5381 Consultant: Lawrence E. Carroll Assistant Vice President/Engineering Services Manager 14. Liquidated Damages Rate: ( ) $ per day. ( ) Other: Exhibit A to Agreement Between City of Chula Vista and LAW Page A-13 Cr~~áall for Materials Testing & Geotechnical Consulting Services c2¿l ~ J ;J ------.- - -_._---_.__.._---~-_._._--_.__._._-_. .,-.-. l5. Sta:.eme:1: 0: Economic: :::J.t.erests, CO!1sul ~ a:-.:. Repo;:-~=-:1::i Ca:.:gories, pe~ Con:::l:"ct: of Inteyest Code: (X) No~ Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. lo Investments and sources of l.n::::Jme. ( ) Category No. 2. Interests in real property. ( ) Category No. 3 . Investments, inte::-est in real property and sources of income subject to the regulatory, permit or licensing authority of che department. ( ) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. S . 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 oy equipment. , Category No. G. Investments in business entit:"es \ , 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: . . ". Exhibit A to Agreement Between-City of Chula Vista and LAW Page A-14 " ._. c··.. Crandall for Mate~~~~ng & Geotechnical Consulting Services ~~J( ( ) C:J:lsultan: ;s Rp-l ~s~-~c ~rokpr -~n/or ~-'-sma~ - - . _ _d........... L..c:...._ ......_ __ 0.......... .... .......c:._'::: . .. ::"ï. Perm~~~eã Subconsultants: 1 - Bill Processing: _e. A. Consultant's Billing to be submitted for :.he following pe=iod of time: (X) Monthly (X) Quarterly (X) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month (X) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: varies from pro;ec~ to Pro~ect lS. Security for PerÍormance ( ) Performance Bond, $ ( ) Detter of C~edit, $ ( ) Other Security: Type: Amount: $ (X) i{et.ention. If this space is checked, then notwithstanding other provisions to :.he contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retaint at their option, either the following "Retention Percentage" or "Retention Amount" until the City determi~es that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services , (X) Other: Comv1etion and Deliverv of Revorts Exhibit A to Agreement Between City of Chula Vista and LAW Page Þ.-15 Crandall for Materials Testing & Geotechnical Consulting Services c2ð.-- .;Zç-- EXHIBIT B LAW CRANDALL LAWGIBB Group Member ~ SCHEDULE OF CHARGES FOR PDSONNEL SERVICES FOR TIŒ CITY OF CHVLA VISTA The ú:c rar oar oerW:es performed by employee C1t CODtr3á perIIOIIJ1O! will be b.tsed em tb< charges lisIed beIaw. Ail fee quomtiDns arc applicable fur a period of 90 døys from Ih<: date of !he J!'OpOOaJ to which this .,.hMo,\,o Js attached. The r.¡eS bel"", have been nq:otiated spoci.6ca1Jy for this COIIIIIICI and are valid through ~r 3 ¡, 2000. PKOn:SSJONAL PERSONNEL HOURLY RATES ŒDI!inecn.. GeolœíSlS. Sci""ti...\ o S1affPrafessioDal...................................................S 7tI Senior ConstruáionIScIIior Program Maœgo:r..........$ 130 o Project Profcssianal................................................$ 95 Senior Tcdmic:al Writer ........................................... $ 105 o ScDIorProfèsslonal............................"..................$ 105 CenWed lnduJtriaI ~................................... $ 140 ~......."..................""................$126 Senior Crmml1aD1....."................................"".......... S ISO Chief . 1GeoIogisllScicntist...........................$ 140 Corpota1c Consullant................................................ $ 210 TECHNICAL AND SUPPORT nRSONNIL HOURLY RATES Special ~ Tn"l"""''''' .................................. $ 45.00 Soil Foundation QaaIi1y Control Technician . MøteriaIs Field Teålllicim (IDcl. Test E.,..;...o¢..t).....................................S 52.20 (Incl. Test Equipmøtt).................................... S 40.50 FieldExpJoraIiaD ¡::"gin-IGco1ogisIfJ'c:chnician...$ 73.80 Senior MaIeriaIs Field T""kn;";_ Lo:bonllory T""hn;";"" (Materials, (Inc. Test EqWpment) ..................................... $ 60.30 GeoIeclmical, Environmental) .........................$ 65.00 Uluasonic Tcçbnician (IDCI, Test EquipnmIt)........ $ 49.50 SeDior LaboraIoryISccior Field Technician Raafin&- Wat.......~h>spcx:1Oí (MaœriaJz, c¡..-....,kn;cal, Environmcntal)"......$ 90.00 (Iuc!. Test EqIIipmeDt) .................................... $ 49.50 WOId r.~ ............................."......"...............549.50 CorIng Tcclmician - C4ncn:te. AspIœlt Dtaftsperson...........................................................$ 56.00 (IDcl CorcEquípmcll1 aod Truck) ................... $ 99.00 CADD Opendor (includes ""'...~)......................$ 65.00 ÅtbCIIOI TccimicWlfAir Monitoring Tor.hn;do. ... $ 58.50 ..A~,fttRII' .__..............._.......................................$ 55.00 . Primory ~ Project AdmiDi5Imm ......................_.._.................$ 62.00 These %3ICI apply to regular time worklld and trmII time in the aJDtinmIIa1 UnìIed StaleS. A maximum uaveJ time of g hou:rs will be chatgcd in any day. A premium charge will apply to time in excess of 8 hours per wectday and all time on Saturdays. SIIIIdays, and holidays, when such time rtpRSeIIts time worl<ed 011 the project or tmeI time to or Ii'om the project. The premium charge will be charged at the above rare! for profcssIoÐaI p:rIOIttIOl and at 1.5 times the above mIc$ for ,,.,.kn;("31 aod cupport personnel. In the event of am-ene weather conditions or other f:Icton; beyond our aJntro~ a SlaDdby charge of 4 hours will be made !or .f!c1d pcnoDDcl wilen !he J1eId pmoanel are called 10 the site and have be¡Im 1'I'Orlt. The minimum daily char;c fur field Impcctor.; or !",,"nl";.n< od1cr than field exploration pcISOIDId, wbco wodcing lit I project sW:, will be 2 hoaR f.or each job. . Tnml time fbr all persomId will be cbaJced on a pon.al-to-portal basis Cor all personnel. The i:ncidcntaI eøvices of an engiœer and/or pnIogisl, proj<á manaF or administr.IÛve staff where required em tb< project for IIOIm8i field supervision or om.:. and fidel administration, will be not iøvoiœd. This includes basic IeView of Iabomory and ficld test =Its. Charges for ""IV-fig services will be made for C01I5UIting and analysis time spent in analyWJg projcçt diz.....~. amductiDg ~ resolving technical CNtfllm, ancoding special meetings. and ex=isiDa cngin<:criD¡:jo'<1¡rn- in tbe immest aftbe project. Ficlcl services thai m¡ajre specially tnrined pen¡onnel. becwse of the ¡mseru:e of bazardans maIeriaIs. as defiDed b¡' the HJrzardoas Waste Opetatioas and Emer¡e.ncy RespoIlSC lv;t, 2~ CfR 1910.I:ro. will have a surcbargc: impo<cd. Ra¡uim:I levels C &. D personal pIOICCtion will be ~ at 10% of the above hourly T21et. and requireclleveI. A and B pononaI protecti<m will be surchargod at 2S% of the abmoe bonrIy rates. Pace I ofl A DMoID11 or Law Engmo.tng and Envtronmentll Sorvt-.es, Inc. 9177 SKy Per1< court, Suite A SOn Diego. CA 921Z3 ð1g.~ . FIX ð19-m= ,;2¿;J ...- J~ SCHEDULE OF CHARGES FOR l"ERSONNEL SERVICES FOR THE OTY OF CHULA VISTA (CœrtimJed) EJq>en witness ICMccs, ;",,¡nm.,g Uial prepramion. Œ~tioI><, aIId court appeam>œI wiIl be obargIId aI 1.5 times the above raœs. with . mó"ó"",,,, cbarge af' bows per day r de¡:uitiODS aDd coon appears=. MISCULANEOUS CRARGES ~ soil orw.lleroamplc!s.........................................................................................$ 6/Sample Coacreœ CyliDde::' Pidc-op.......................................................................................................................... $ 401Piclc-up Cw.¡ndQ Uliag: ...................................... ......................................................................................._.._......... No Cbargc AøIomobik: - SO.351mile with ...;..;......., of .................................................................................................... No Cbarg: Trm:k. ......................................................... ......... ............................ ........ .... ......... ........... .............................. No Charge I-Ton Truck........................................... ............. ....................... ...... ........ .................................._.. ...... .......... No Charge Bulk A!:beaI.oe Semp1e Analysis by PolarizM Li;bt Miv'''''''''I'J (eacl1)..................................................................... $ 40 Air Fiber AsbesIDI: Sample - F'tbcr C4unû11ß by Phase: COIIIr.IA Miaœcopy (each) .................................................. $ 25 (Additicaal air sompIt:s tbIIt are _ aftEr !be amrpldiao of. fDII & hour ohift will be charg<d at. additional S20 per IIImpIe. ) T~ Electron Mjcroscopy, ~"";"I! Ekctron MiaoscopJ', X-Rsy Di1I'IaClion ADa1ysia of AØsIos (each}.................. ................ ..,.......................... ........ ....... ......... ............... ............ ............. Quote Dust Sample A1IaIysis for Asbestos II!' PoIari2cd Light Microsc>Opy (each}..................................... ............... .... ........ $ SO AsbesIœ BUlk Sample ~ADaIysis by Polarized Migbl Microscopy usiJlg Point Caunting (each)............................. $ 60 The bse Df ~.I;""" cqr';pn-I. such as IÒSIIIi(; !1I1'\'q cqr.;p......t. slope '-(:1'~ organie vapor anaIy7=. p=h"",",",", ""'"~ers. iDcIiDomders, DUÇIear }\IIUg:S, will be cbazged at an boarIy raIC or daily rate, as shown on the attached A.1·il Lt>.~ me C!r"'h...,tn},¡. Of' as negotiaIed by cxmtract. UIMJJ1JRSABLE ITEMS Outside services petfDrnIM by othm aDd cIir.c! expemes iDc:IJmd 011 the client'! behalf are clwged at l.15 times our COC! SucII itemS iDåude, bat are 110I IimiIed 10, 0UIIide CIIDSIIItæIs aDd IeIIiag laboraIOries, remal and opemioa of drilJit>g, "'~11A.om,,& othct .úcld equi.pmcnI.. ~ eq"'1"""""'t, blueprintiDg,. km&......e.- CO"""".rrKMlÚOI1$., sabsisI.eDc::e~ T.t8DSpDITaIian cIIarp. 8IIrD remal. frcigbt, and any special permIIs &lid iDspcetioII fees. INSURA!(CE LA wCRANlMLL, Im:. IIL2IÌDÞiD5 GenenI Liability l11.SUl1ll1CC fur bodily injury and propeny damag¡: with an aggregate limit at' $1,000,000 per OCWtmIce for its own aa:œat anè will furnish a:nifi<:aICS of such insuraDcc IIpOD rt:quCSl. In the C¥01I. the client ò=sin:s .ddilicmal CXM:r.lge, we will, 11011 the cIimI's wriuEn request, oblain additional insurance at the client's C'ql"lloe Pnsc20f2 c2j) -- :J ? LAW CRANDALL LAWGIBB Group Member :£. GEOTECHNICAL MA1ERIALS SERVICES FU SCHEDULE FOR THE CITY OF CHULA VISTA 1broa&h n..-'-31,2000 ShMr T_ .....................................................................................................................................................................S 45 CaIIIolidst!on Tem ........... .............. .................... .................... .................. ........... ............. ............. .............. ........ ......... 515{ Moi5IDn>-DenslIy ............................. ......................................................... .................................. .......................... ...... ....s 20 ('~"" Tcsu (AS'IM DlSS1)........................................................................................................._...................... $130 C.B.R. TcsII (J~ Cu_tion) .........,....................................................................................................................5215 LIme Trca10d CBR..................................................................................................._................... ................................. $300 "R' VaIae .............................................................. ............. .........,...... ................ .................... .,................. .................... S160 "R. VIÙDO Lûnc Ttea1Cd................................................................................................................................................. $200 ~..d"mir.:ll AnaIyses- PanIcle SUe AD31yds.............................................................................................................................................. S215 Sand EqaM\!ent....................................................................................................................... ................................. ......S 70 A!I=bct¡ Limits (11.. & P 1.. Tests).............................................................................................................................. SI00 ~.. Teets, UBS (ASCE Type)................................................................·..........·.................................................. SI00 F~ IftcIcx..................................._....................................................................................................................... $ISO Specific GnIYiIy .........__........... .......................... ..... ...................... .................................................. ....._........................S 5{ UIICOIIIined CompressIon ..................................................................... ...... ............................................................ .........$ 95 TrlmaI T estI - SId. Test, 1lIIdrai.ocd, III>N'<'cnlida1ed... :........ ...... ........................... ................................ .......................................... $"..50 Etfecbve Stn:s .TCSI.................._............._..................................,...... ............................. ...... ................................ SSOO R.emolded Sample; (Pre¡m3IiDn) ...... .......... ....................................................................................................................$ 45 ('.....1 t. j Oms.............................................................................................·..............................................................$ 7S ~ Test....._..........................................................................._............................................_........................ Sl:!O SIandord1'cŒlŒion TIS! (Navy) ........_........................................................................................................................$ 6S ~ Tests- SaIf_ CIIJori<k SalfaIC '" CbIoridc PH One SI28.00 $128.00 $180.00 $25.00 MullipIe $85.00 $115.00 S180.00 $25.00 Poee 1 of! A 0M0itJn of Law Eng1neertng end Env1l1>nmonUll 5oMc;eo. Ino. 91 TI Sky PIIIr Court, Suit. A San Diego, CA 92123 e1~278-3«D. FDð'~2~ c2tJ ~ .3 r -- - - - -~._-,--_.._--_.. -.----'".-.-.- LAW CRANDALL LAWGIBB Group Member ~ SCHEDULE OF DJREC! CBARG~ CONSTRUcnON MATJ:RIALS TESTING SUVlC1S J'EE SCHEDULE FOR TBJ: CITY OF CHULA VISTA TIIf'CIIIIIt Deecmbcr 31, 2000 UNIT PRICE CONCKETE Coatt,;Ì2uicy~~(ASl'M (39), each........................................................................................................................ $ 14.00 C(Jtt. ........h.............................................. ....... .................................. ............. ........... .... ............. ............... ............ $ 36.67 ShotcretI: pRDCI COIC (3 CORS petlllœl), pet paDC!................................................................_............................$195.00 J1emJ'a Tell, 6x6x18 (AS'IM C78), each ................................................................................................................ $ 38.00 CaDcnIie MÍJ< Desip Of'Mis Rmew (_I"""'g ~ ~), cacb ............._....................................................$110.00 MASONRY C-... '", Tat B10ck (8xSx16 or ..let), pet 3 UllÍIICt.............................................................................................................$110.00 Marlar. 21'4 cyIiDœr (UBC), each....................................................................................................................... $ 15.00 Groat (UBC), each..................._.............................................. ........................... ................................. .... ........... $ 20.00 Core (~omapJe JIRPIØÔ01I), ACb.......................................................................................................... $ 50.00 MascDry PrIsm, FoD Size (8x16xl6), (ASIM l!447), each................................._...............................................S135.00 Masomy Prism, Half Size (8x16x8). (ASTM E447). eadI...................................................................................$lOO.OO CDRformllJlCe P~ASTM C90 (jncJuding allle!iti1lg and æport, 6 units) ..........................................................5350.00 AGGREGATE SIc\>e AaIy* (ASTM C136) ~~~g.;;ø¡;~.ëä;h':::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::=::::::::::::::::::::::::::=::::::::::l~:gg Speâfie Gt-mty Cœræ ~gaœ(ASI'M C127), .ch............................................................................................................... $ 45.00 FiDe Aao_'" (ASTM C12S), each..............................................................__................................................. $ 60.00 o-~~~~~n';t~~.~:::::::=:::::::::::::::::==:::::::::::::::::::::::=::::::::::::::::::::=:::::::::::::::::::=::::~ ~:~ Sad Eq.inIœt (CaI217). each.............................................................................................................................. $ 70.00 Darability T..... (Ca122!1), ODe fiDe. ODe c:oura:.........................__........................................__.............................__..$155.00 SoaadIX:II b~- S.J&te (ASTM C83}.pcr size ftactJoll...................................................................................$ &5.00 LotI ~ (ASTM CUI), each.................................................................................................................$150.00 Orpait &.purities (ASTM C40). each ................................h.__.hmh.__.hm__..____..__................................................. $ 42.00 Il Vallie:, e&<:b.......__................................................ .................................................................................. ................$160.00 MoúÞo>e DeaItty 0..... (ASTM DI.551), cacl1........................................................................................................$130. 00 pH .t JItsiRMty, caoh....................._..........................................., ....... ................ .......... ........... ....... ..... ....... ..... ........$ 50.00 ABPHALT CONt:IŒJ II: J.:..t.-liu.I, % ...,bIt..... aørq* II"'d-. oach......,.....................................................................................$!75.00 Vllil Wdåt ReqairiDc Campactift (CaI 301), eadI.......................................................................__......................SIOO.OO Udit Weíllt CooiIpacle4S;::1e or Core (Cal3Ol), each....................................................................................... S 40.00 M' 1konlbl . Grmty (ASTM Jn041), S135 00 .......-.- petllCt............................................................................ . Stablll%J' Test - ManUII (ASTM DI55'), ftI! or 3, milt weight &: fknr, each........................................................SlSO.oo Alpbalt CcIoIcrœ Mix DaIpa or Mh Rcrir:n-, cach............................................................_......_....._.. QuaIod 011 RcqucsI B_ St-";"'''' I . (Cal304), eacIL.......................................................................................................................$135.00 Unit WciPt Requiriag CompactiøoI (ManbaIl ASTM D1S5!), cach.....................................................................SlOO.OO Pagelof1 A DiviIIOn or Low Engrneerfng ona EnvIronmenI.1 SIINiCU. InC. g,7ï Sic'( Pot!< c.u.,. Su" A Son DIogo. CA !i21Z3 610-273-JEOO . F,",61~78-S:;OO »~31 - -.----.'--.----.'^ LAW CRANDALL LAwGlBB Group Member ~ SCHEDULE OF DIRECT COSTI; LABORATORY METAL SERVICES 1'1Œ SCHEDULE FOR THE crry OF CIIUlA VISTA Throacb ~Iber 31, 2000 UJIoTI' PRICE MECHANICAL TI!SI1NG Meduaúcal C:'t,er Testiag (TcmsIJe. Yield. Slippqe &: Sample Prepmlticm), each..............................................S 90.00 TCDIiIe TestiJIg P 10 No. 11 Bar (wtímale =: only). =h..............................................................................S 4~.00 TeøoiIe TÞtiag No. 14 Bar (ulbmaIc IIraIgIh ). each........................................................................................$ 65.00 TeuiIe Teotiaa No. 11 Bar (uIIimøte =&th only), each........................................................................................S 80.00 T.... Taá&i: (uIIimIIr: 5IlI:n;th cmIy) Flat BIr Reduced Section, each ._...._..........................._.._....................................._....... ...............................................$ 65.00 Rouadl!ar Ra!IIœd Sccrlœ 0-'05" DiIImI:Iœr. each..............................................................................................._.........$ tiS.OO RDIIDdBar R..mccd Scáiœ, JUb.oiæ, each...................................................................-.......·...............-.......................5 65.00 Y'''¡'¡ ~ TesIÍII;: (by~.....,...¡,..), cach...............................................................................................·..................$ 40.00 TeuIIe, ""I Sectioa T1Ibe, c:ach.............................................................................................. ............. ....................$ 60.00 JIaad TCIt, each ............................................................. ...... ....... ..............................................................................$ 30.00 liU)d.Wdd Bn:ak Test, each ..............................................................................._..................................................S 80.00 Charpy Impact -"'..~ TaapcnÞlft, per set of3 ...............................................................................................$ 60.00 eurpy IJDpact -Àlllb"'-t to -IDO"F. per set of3 ....................................................................................................$ 90.00 CILupy IJDpact - -101°F to -320·F....................................................................................................... Quoœ U;>on Requesl a...", IadMduaI Speo ;_0 forTrulltiOll Cvve .......................................................................... QuðIe Upan Roquest A.wõftftool Cllar:efOl' .IIqIIIJ1IJIIl'ueeDt Sbar. pcr Bet........................................................................................S 25.00 Addíûøul Ch~for L¡.v.IiAJ> Mila LaœraI hpaasiaa.. per ICI.........................................................................$ 25.00 Rockwell Hard-. per set of3 ...............................................................................................................................$ 30.00 $~~~~::=::~:=:::~~:::::::::::::::::=::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::'='== MACHINING Cbr¡oy IaqNIct Sp' " Cæboti Saa:1; per set of 3 .................................................. ....... .... ......... ................................................. .............$ 80.00 ~M ~~S~~J;~~.~:.~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::11~:gg c~~~~-¿.~~~~.;;:¡;::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::;l~:~ c..- StoeI, BœDd Bar Q.SOS" Diamder, .c:ach...................................................................................................$ 60.00 CarlIoa Sift!, Rœad Bar SaIMIize, each.................................................................................................................$ 70.00 OIberMaterllIb, J1bIt Bar Red1ICCd c:r.-tI..... cach...................................................................................................$ 70.00 Otber~ ~ Bar O.suS" Diamcœr. each ..............................................................................................$ 70.00 OIber)blatall, Jtøaad Bar StùI-Size, each ................................................._........................................................$ 80.00 MacnI~". . SII:cl each ............_..............._......................................................................... ......................................$120.00 Otbcr M8tcriaIs, each................................................._............................................................,......................... .$1$0.00 CeIIenl j\I....lohohoc Cbrwe, per hcIur ..................__......................................................................................... .......5 95.00 Poøe 1 01'2 A".....,ofUlw~IInd~_.In;. 91ì7 Sky Pal!< CaJIt. S.... A Son 0i0iI>. CA 11I123 e1!~Z1&æJ) . F..e1~TI8-~ cM-rj¿:; _. .-..___._.__._ ._.._,__ __ ___n__....___...__ SCHEDULE OF DIRECT COSTS (c...Ii>-ed) LABORATORY METAL SERVICES FEE SCHEDULE FOR THE an OfCBULA VISTA 'J:brnu:h D. I"" 31,2000 UNIT PRICE IDGH STRENGTH BOLT TESTING H.~ <Bo:\ w~ N~h ...................__............_........._..........................................................................$ 17.00 =~~i': ach.~..........~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~ ~g:gg METAIllJRGlCAL TESTING FateDen ...... .."., ........................................._............_.......................... ......... ............. ..... .... ........ ........ Quote Upon R2qu£s1 MJero EtclI (iDcIudIng IDIJIII1tiD¡ , polishing and eIChing)..................................................................._....................s 75.00 J1eId MdaIIograpky &. ReplIca l'rodadjo, TeIt KiD, per day...............................................................................S 25.00 ~b or l'IIcIIoIIIkrøcraph fnna Prepared Macro or Micn> Specimen. each ....................................$ ~.OO AddiIiaIIaI PbotDgnpllil: PrinII, each ......... ..... ,....., ..........................................._.................. ...... .......... ..................$ 10.00 Portable MicroK.opc, per day ............................_..._......___.........__..... .................................., ,........... ..... ,. ........... ,. ,.$] 00.00 Maro hb, Etch, Weld CLA. Soetin orPuut Metal CadIon Steel, each ._.._.._.........__......................................................... ........................ .....................................$ 50.00 Sto;n'-« Sœd. each__......... ............., ............... ............................................._....._....................___................ ....$ 60.00 Otbcr Metals, each................................. ........................................._..........____....................................................$ 75.00 ~:~~~~~.~?~:~;~~::::::::::::::::::::::::=:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::¿!]~~ AU mlituybillingJ3lesb IMbu.....J1o:sIingindadcs 1be0)St oClabor. AU rmiImy billingJ:l1r:S fur lIDII-I.i.n.al."J to:sIiDg (i.e., ..,,~ ",,"-1'.1I:.) m.s DOIlndDdetbe 0)St ofIabor. hp: 2 uC2 c2tl ~ t/ I LAW CRANDALL LAWGIBB Group Member ~ ROOFING MATERIALS SERVICES FEE SCHEDULE FOR THE Cl'IYOF CH1JLA VISTA 'Throu:h Deœmber 31, 200(. Díssoctioll, i=mm", wm weigj!!, plies, intcrpIy bimmœ. top bitumen. bottom billlmc:n. and r A'lC'agJ: J total ~ weizbt (ASTh! mS29). wIth JtODe, apbaII or coal tar................................................................................................................................. $375 W1thout stollC......._.................................................. ........... ................................... ........... ....................................... $225 Scparationafplios for rlnA...".",!ITjœ only (A5ThI D3617) .................................................................................... $J~O ABOVE PRICES DO NOT INCLUDE r.....lør¡"" ..cgb1 or moismrc......... ................................. ....... ......... ..... ....... ..... ........... ........ .......................... ........... $ 30 R=lucingsampleto 12" X 12" .................................................................................................................................$ 30 AdditIoDaI extD<:IÍaII due to oversi2ed samples .............................................._.........................._............................$ 30 Scparatinc & diagnmI:min¡ 40" roofin¡ strlp (lap sample) ............................................................................................ $100 (NO!E.: Lap samples are ,....m'.hle for diøedioII) MoisIIIre COIIImt of1lolß (AS'IM D-9j)............... ................... ......................... ............... ........... ............... ..... ....... ...........$ 50 TenC11e strengtb ofkh or sIUn¡Ie iDchldiD¡¡ cutting out coupon & curing at 140 degrees ~I)....................................,S 75 UDit ..cigb1 of fclt (AS'IM D461) ..................................................................................................................... .......... ....$ 25 HardDess of aggmpic (ASTM D 1865) ................................. ....................................... ............................ ............. ....... ...$ 75 MoISIIz!1: c:oaaent of aggrq:aIe (AS'IM DlS64)......................................... ........................................ .................... ...........$ 50 Gr:adaIJon or:awegate (ASTM CI36, D!864)................................................................................................................S 75 DaEt on a~ wuh200 (ASTh! C117. DI863).......................................................................................................$ 50 UDit weight ofa_..pIio (ASTM C-29. DI863)..............................................................................................................$ 50 ~"gpoi1ltofbittm>en (AS'IM D2319, D6I, D36, D2398).......................................................................................$ 75 Diar"''''mc roar all (U" X 12") Diagramming & doc:umcIIIing CondiIion onnlCrior of Samplcs......................................................................................S 50 Water vapor t!aII!1IIÍØÍOI1 affclts (AS'I'M E96. <:135) .........................................;.......................................................;. S400 PI...A>..o,."tÅ.ic d .._"t.toOll, inœrpIy deRds and~, pcrplloCcsraph............................................................... $ 5 Bi_ typç - COllI Tar, Pilch, AspbaII..........................................................................................................................$ 25 Felt type. Orpnic, GIaIs, Asbestœ.........................................................................·..·...................................................$ 2~ Ti1e Bruk StreDgIh ¡p",- tile] (UBC 32-42)..................................................................................................................... $ 4S Pago 1 ofl A QMlicln or ~ EnginHrir\g and E.rwI'onmelltll Ser\lM, 11'10. g, T7 SI<y Pari< Court. Suite A San Di<gO. C,", !P.1Z3 61$-Z78-3e:X) . Fax 6'~7e.snJ cM~f~ ATTACHMENT A dfJ-¿) Consultant Ratinf Form for Proposals Materials Testing an Geotechnical Consulting Services in the City of Chula Vista Consultant Rating Max. Item Points A B C D E F G I. QualificationslExperience of Professional & Technical Staff: a. Test Methods listed in R.F.P. 10 b. Geotechnical/Soils Engineer observation during site preparation 10 c. Quality Assurance Program (QAP) per Local Program Manual 15 d. Resumes of staff personnel 10 e. Expertise and Specialization 5 f. In-house training/cenification program as pan of QAP 5 g. Brief history of flITD/Length of time in San Diego County 5 II. Performance of Similar Work: a. References for similar type work 15 b. Familiar with local area 5 c. Professional performance/Ievel of care and skill statement 5 m. Ability to Provide Services: a. Internal QAPlReference standards and equipment calibrations 10 traceable to National Institute of Standards (NIST) b. Laboratory proximity to Chula Vista 5 Responsiveness to request for services within 24 hours 10 -. % of test methods, as listed in R.F.P., performed "in-house" 10 e. Ability to provide written test results within 3 working days 10 f. Ability to perform on-site testing (mobile laboratory) 10 IV. Facilities and Equipment: a. Laboratory layout and work flow 10 b. Inventory of equipment 10 c. Inventory of vehicles 5 d. Mobile laboratory for on-site testing 5 V. Fiscal Stability !Insurance/Indemnity 1N0n-Discrimination: a. Annual gross earnings past 5 years 5 b. Accounting and billing system 15 c. Ability to post with City the required insurance (liability, errors 10 and omissions) d. Hold harmless statement 5 e. Non-discrimination statement 10 VI. Quality of Proposal: a. Satisfactorily addresses all requirements of R.F.P. 15 B. Presentation, clarity, neatness 20 SUBTOTAL 250 1']]. Schedule of Charges: Personnel hourly rates 25 o. Materials testing unit rates 25 TOTAL 300 NOTE: POINTS SHOWN ABOVE FOR REFERENCE ONLY. WEIGHT OF PROPOSAL IN OVERALL SCORE = 100 / -_.,,_._-_..~,--_... ATTACHMENT B MATERIAL TESTING AND GEOTECHNICAL CONSULTANT INTERVIEW QUESTIONS/EV ALVA TOR COMMEJ'I.'TS I. Your firm is highly respected. We are sure that developers doing, or that will be doing, business in the City have or will offer you contracts. Weare sensitive to potential conflict of interest that may result if you were our material testing consulting. Please address this potential situation and what would be your finn's position and/or procedure to resolve such potential conflicts of interest. 2. In addition to material testing services, from time-to-time we may turn to you for other consultant services dealing with materials, soils, or geology. What other services would your firm be able to provide to us and who would perform such services? 3. Would you have a problem if the City, instead of awarding a "sole provider" contract, awarded contracts to other firms to provide consulting services on an as-needed basis? 4. The prices you listed in your proposal are competitive, but may not be the lowest. Are you willing to negotiate your fees? 5. The contract has options for annual renewals. How likely will it be that you would expect or request higher fees at the time of renewal? 6A. RFPs, many times, are interpreted as an "Open Book" test which a potential consultant must take and pass to be eligible for further review and evaluation. The degree to which a respondent pays attention to the clearly stated requirements to be contained within the proposal says a lot about a firm's attention to detail and their ability to follow a client's instructions. Please share with us your firm's thoughts on how well the proposal you submitted ponrays your firm as it ~ will perform tasks required by the City. Is your real way of doing business different? In what way? 6B. Follow-up Question: Your proposal omitted the following items which really matter to the City. How would you have addressed these items? · 7. If awarded a contract with the City, we are fairly certain that this would not be your largest contract. How can you assure us that the City will be a priority to you, especially when we encounter circumstances which require immediate and efficient action on your part? 8. Would your firm be willing to enter into a contact with the City which specifies turn-around times for basic services? 9. If your technician shows up on a job and observes improper compaction techniques are being used and the soil's maximum density has not yet been determined, how would your technician handle this situation? 10. Does your firm have thin lift nuclear gauges for asphalt concrete compaction testing? · Does your flnn maintain f1!es on materials suppliers showing historic compliance data? If so, how far back does I!. this data go? 12. Does your firm have any experience with latex-modified slurry seals? If so, please describe that experience. 13. Please explain how your accounting system avoids duplicate billings. How does your accounting system correlate (I) billings to testing reports and (2) billings to individual projects? 14. Who will the project manager for this contract? How much involvement will he/she have? 15. Have their been any changes in your staff since your proposal was submitted? · 16. Let's assume that the decision to enter into an agreement is between you and one of the other firms interviewed today What can you tell us about your firm to convince us that your firm is the one we should partner with? ;¿ ~ 0 ts ~("f)O ('f') t"'I')ar¡-.:;t OVar¡o t.. S:! ~ ~ r----~. ~ ~ N.c rJ'.) ~.v7~ iAc úI9-~~ Eo';~"'d"'1...o ~ ~ I·· .... 8- Eo< .. ....¡ 01 ~ ~ ~ * ~ rJ'J "'æ\OOO 0 0O'\N 0-1/")0 Z c..;.""'" f'. N - 00 'V N t"'I') ~..c: ~-- N.L.ta. N_ O .::::;Y7Y7;; Y7Y7""<T""7 Y7~ 1;3 U 01 ~ Q ¡;a ~ o( ~ ¡::r;¡¡;¡ ot** V) 0*0 1.1":I**5 ,,>--°00 M 0'\1.f)¡r¡ 0'\V)1().c ~= --- N _ ....... \0 ....... 0\ M ÞJ = ~ ,- - ~ ~ vt ~ .vt Y7 ~ """ ~ .....~ V'7 V'7 () r.;¡ z ~ Eo< . 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Q.) 0.0 0 C'tI ..... 1-0 ""' (OJ ;.., = >. ~ Q.) ~ ::s -. 5-= ~'v.i.~ V,¡.5Q., ";<-= lIot'-' ....¡ -<: ~ ~ is ~ § ~ ~ ë ~~ ~ ~ '-0 ,..., .5 c::: U B VJ Q., -' ~ "'"" ~ E3 cr: CU::S·- 1.0-.._ Z cd tIj "'C ::s Vj ~o EO=" O(U Zot,¡..,. c:::.....- C'J U o U 0 L'd ä.S·õ.b .:";::: ~ ~ "¡: tr.I - V,¡ >. tI).-.D == OJ) ":... C-t .... u ..... Ioo-r ~ Vj cd -!::! ,C.¡ =: c:::..... ">- 0 0 c::: ......",:::.;::::;¡ ::::: ~ co::!.~ C'tI C u Cf} c:Q "'0 .-:: ¡:oj =- u t) ~ 0 ~ 0 >. 4-o.a ::::"E tiS .5 - Co:) ".: - "'0 .D 0 g ::J ë; ~ ~ ~ u ~ >t'tI;::::: fI; Q) _ _~ t"""" 4-0 ~ ~ t'tI t'tI ._::1 -- fI; U tI.:I 0 t'tI .- tI;I ~ _ >. fI; 0 c; c:: ~ > r;;;;¡ ':::"'OUQ)r..,c_uCf}>~ ~;> ~ ~ U 0 u ~ v U .- ~ .- 0 j ,""'- - ~,., - >,., '- u , ~ _':::1 Cf},w c(:I t'tI ¡:oj,w 0 ~]j _ ~ ~ u > ~ ~ u :>< ~ 0..,. a'~ <:: .- 0'- " - =: <::·B""3~.9g.u~.aë¡j "" ~-< -<: ~c; <::bO U ~ <+::bO >~ 0 E-< " u 0.. _ .:= c ¡:oj ._ ~ -= . > c u :.<.- ~ "'0 u.~ :c fI; -0 ed> - C u> .. t'tI:::: .S¡ Uo ~ ..,. ~ K ~ ~ ~ =: _ 0 ~ '" ~ ""~ ~ '" "'~ , '" '" -3 ~....__. .-------- .--.-.--.- .~-_.'-_...~ ----.~ _._~_..._--.- - ~~-~~.---.__.._..~_._,.__.._.__.. ATTACHMENT D Parties and Recital Page(s) Agreement between City of Chula Vista and LAW Crandall, A Division of LAW Engineering and Environmental Services, Inc. for Materials Testing and Geotechnical Consulting Services This agreement ( "Agreement") , dated January 1, 1999 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City") , whose place of business 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 desires to have geotechnical services and construction material testing in conjunction with various capital improvement projects in which it engages and in conjunction with specification compliance on construction projects engaged in by various private parties which the City is required to review; and, . Whereas, Consultant desires to perform these services for the City at the price and terms herein specified; 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; . Agreement Between the City of Chula Vista and LAW Crandall Page 1 for Materials Testing and Geotechnical Consulting Services f NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: l. 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 Dutiesll I Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and Schedule" , not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services" . Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a Agreement Between the City of Chula Vista and LAW Crandall Page 2 for Materials Testing and Geotechnical Consulting Services 5 . ----------,..._-_..._--_.._._.._.__...,._--_....-._-.~---,---~--_."-_._.. time and ma::erials l:>asis at the rates set forth in the "Rate SC!ledule" i:: Exhibit Þ., 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 Consul::ant, 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 !lA, Class V" or better,' or shall meet with the approval of the City: · Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which · names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ( "Cross -liabili ty 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. · Agreement Between the City of Chula Vista and LAW Crandall Page 3 for Materials Testing and Geotechnical Consulting Services ~ 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 fur~her indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2 ) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond") , then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond" , in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit") , then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is Agreement Between the City of Chula Vista and LAW Crandall Page 4 for Materials Testing and Geotechnical Consulting Services .1 ..--.--'" .. ."_._.~____ ·____·~__·_.·__M..___.__~_____~_..___.__.,__..~ . ir. 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. · B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Agreement Between the City of Chula Vista and LAW Crandall Page 5 for Materials Testing and Geotechnical Consulting Services · f Pa:r-agraph 18, but in no event more frequently than mon~hly, 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 an "X" 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. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the Agreement Between the City of Chula Vista and LAW Crandall Page 6 for Materials Testing and Geotechnical Consulting Services _i . __.~__.__._.__...._____. _ w_.~._."_._.._____..__._ _,.___ ..-----.-- fc~~owing pe~alty: For each consecutive calendar day ~n excess of the t:ime 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 t:he City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when grarrted, 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" I 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. · E. 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 Agreement Between the City of Chula Vista and LAW Crandall Page 7 for Materials Testing and Geotechnical Consulting services · /0 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, ( "Prohibi ted Interest") , other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Agreement Between the City of Chula Vista and LAW Crandall Page 8 for Materials Testing and Geotechnical Consulting Services II " ~_._. ___·_·····,·._"._.·m·... __..n____'_..___ _ __...______~.________'"_,,___ Consul:ant agrees that Consultant Associates shall not acquire any such Prohibited Interest within :he 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 negligent acts or omissions or willful misconduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. 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. S. 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 · Agreement Between the City of Chula Vista and LAW Crandall Page 9 for Materials Testing and Geotechnical Consulting Services /2- pr~pared by Consultant shall, at th~ 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 ~vent that the City Administrator determines that the Consultants' negligenc~, 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. 1l. 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". Agreement Between the City of Chula Vista and LAW Crandall Page 10 for Materials Testing and Geotechnical Consulting Services /3 -- - -.' ---"..---...--- -- ~ -- ~ - - ----,-------.----- 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 lise, 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 at the sole risk of City and without further liability to Consultant. 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 limi ted to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely · responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be · Agreement Between the City of Chu1a Vista and LAW Crandall Page 11 for Materials Testing and Geotechnical Consulting Services /if ams.nded, ths. 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 recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 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 bÒx 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. Agreement Between the City of Chula Vista and LAW Crandall Page 12 for Materials Testing and Geotechnical Consulting Services /5 .., ,.__. __...._._. _..m__~..__ ...._..~__. .._ . - ..._---------~-_._-_..--.- C. No:.ices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All not.ices, 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. · Agreement Between the City of Chula Vista and LAW Crandall Page 13 for Materials Testing and Geotechnical Consulting Services /0 · 18. Field Representative Shoulà another contractor(s) not retaineà by Consultant be involved in the project, City will aàvise such contractor(s) that Consultant's services ào not incluàe supervision or àirection of the means, methoàs or actual work of the contractor (s) , his employees or agents, anà the presence of Consultant's fielà representatives for project aàministration, assessment, observation or testing will not relieve the contractor of its responsibilities for performing the work in accordance with the plans anà specifications. It is agreed that Consultant will not be responsible for job or site safety or security on the project, other than for Consultant's employees and subcontractors, and that Consultant àoes not have the duty or right to stop the work of another contractor. [enà of page. next page is signature page.] Agreement Between the City of Chula Vista and LAW Crandall Page 14 for Materials Testing and Geotechnical Consulting Services /7 ..-".- _··___~,·~____.'w_,____.__~_ Signature Page to Agreement between City of Chula Vista and LAW Crandall for Geotechnical and Materials Testing Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood sam~, and indicate their full and complete consent to its terms: Da::ed: , 19 City of Chula Vista - by: Shirley Horton, Mayor Attest: Beverly A. Authelet, City Clerk Approved as to form: John M. Kaheny, City Attorney · Dated: LAW Crandall, A Division of LAW Engineering and Environmental Services, Inc. By: Lawrence E. Carroll Assistant Vice president/ H: \HOME\ENGINEER\INSPECT\RFP\LAWAGREE. 001 Engineering Services Mgr. Exhibit List to Agreement · (X)Exhibit A. (X)Exhibit B: LAW Crandall January 1998 Standard Schedule of Fees Agreement Between the City of Chula Vista and LAW Crandall Page 15 for Materials Testing and Geotechnical Consulting Services · /g Exhibit A to Agreement Between City of Chula Vista and LAW Crandall, A Division of LAW Engineering and Environmental Services, Inc. l. Effective Date of Agreement: Januarv 1. 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: , a [insert business form] ("City" ) 3 . Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: LAW Crandall, A Division of LAW Engineering and Environmental Services, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Exhibit A to Agreement Between City of Chula Vista and LAW Page A-l Crandall for Materials Testing & Geotechnical Consulting Services /1 -- -_._--..-.__....,._~~--_._._._--_.__._-~._-_._-~-_...- 6. Place ~: Business, Telephone and Fax Number of Consultant: 9177 Sky Park Court, Suite A San Diego, California 92123 Voice Phone (619 ) 278-3600 Fax Phone (619) 278-5300 7. General Duties: Consultant shall provide materials testing and geotechnical engineering services at the direction of the City Engineer at construction sites and facilities designated by the Ci:.y of Chu2.a Vista. The Consultant is to provide: A. Materials testing laboratory facilities staffed with personnel qualified to perform sampling and testing of portland cement concrete, soils, treated soils, crushed aggregate base, and bituminous materials, as required. The materials testing laboratory must have a documented Quality Assurance Program (QAP) in conformance with Chapter 16 of the CALTRANS Local Assistance Procedures Manual. B. Geotechnical/soil engineering services for City-funded projects during earthwork construction operations, including geotechnical/soils engineering observations · during site preparation for placement of fill and construction of sub-drainage systems. C. Personnel that are experienced in the testing of materials used in the construction of public works facilities and familiar with the San Diego Area Regional Standard Drawings and the Green Book. The City shall have the right to make a determination as to the qualifications of individual personnel and shall have the · right to require substitution of non-qualified individuals with qualified personnel. The Consultant's QAP must include procedures and policies in which personnel are certified to perform the materials testing and sampling requested by City. Exhibit A to Agreement Between City of Chu1a Vista and LAW Page A-2 Crandall for Materials Testing & Geotechnical Consulting Services · ;2tJ D. Consultant is to provide material testing services in response to the City's request for such services at the times and locations as determined by the City Engineer. Requests for material testing services shall be made with prior working day's notice by the City. E. Have a documented internal laboratory QAP for all required laboratory analyses and procedures. All reference standards and equipment calibrations shall be traceable to the National Institute of Standards and Technology. F. Assure that all instruments and devices to be utilized in field and laboratory analyses are properly maintained and calibrated in accordance with the Consultant's QAP. G. Provide the City of Chula Vista with all original data, reports, records, etc. of field and laboratory analyses, as well as certified copies of all calibration and maintenance records. Further, the Consultant shall maintain copies of all records related to field and laboratory testing performed under the contract for a minimum of five years from the date of the sample, measurement, report, etc. This period may be extended during the course of any unresolved litigation or when requested by the City of Chula Vista. H. Billing forms and procedures used shall be acceptable to the City. 8. Scope of Work and Schedule: A. Detailed Scope of Work: I. Materials Testing The Consultant shall perform the required American Society for Testing and Materials (ASTM) and State of California Department of Transportation (CaITrans) Standard Test Methods as required by the City Engineer. The work shall be paid for on a per test basis, which shall include all costs such as testing, reports, Exhibit A to Agreement Between City of Chula Vista and LAW Page A-3 Crandall for Materials Testing & Geotechnical Consulting Services ;z¡ .. .--..---.- - -_.._,-~.._.._._~_.....~ _._-~._--.-..._----- -..-- st.::::-ing of specimens, furnishing test cylinders, etc. as list.ed in the following fee schedule: I TEST METHOD I PRIMARY TESTS I FEE I ASTM Cll 7 Fine Sieve Analysis with 200 Wash $ 60 ASTM C136 Sieve Analysis of Fine and Coarse Aggregate $110 ASTM C1856 Abson Recovery Method $630 ASTM C39 Compressive Strength - Concrete Cylinder $ 42 (Set of Three) ASTM D1557 Compaction Characteristics of Soil Using $130 the Modified Proctor Method ASTM D1559 Marshall Apparatus $150 ASTM D2041 Maximum Specific Gravity and Density of $135 Bituminous Paving Mixtures ASTM D2170 Kinematic Viscosity of Asphalts $150 ASTM D2172 Extraction of Bitumen from Bituminous $175 Paving Mixtures ASTM D2419 Sand Equivalent Value of Soils and Fine $ 70 Aggregates · ASTM D2726 Specific Gravity and Density of Compacted $ 40 Bituminous Paving Mixtures ASTM D3910 Consistency Test & Wet Track Abrasion Test $300 CA TEST 202 Sieve Analysis of Fine & Coarse Aggregates $110 CA TEST 216 Relative Compaction of Untreated and $130 Treated Soils and Aggregates CA TEST 217 Sand Equivalent $ 70 · CA TEST 226 Moisture Content in Soils by Oven Drying $ 20 CA TEST 301 "R" Value of Soils by Stabilometer $160 CA TEST 304 Preparation of Bituminous Mixtures for $ 0 Testing CA TEST 307 Moisture Vapor Susceptibility of Bituminous $165 Mixtures Exhibit A to Agreement Between City of Chula Vista and LAW Page A-4 · Crandall for Materials Testing & Geotechnical Consulting Services ;Z~ I TEST METHOD I PRIMARY TESTS I FEE I CA TEST 308 Specific Gravity and Weight of Compressed $ 40 Bituminous Mixtures CA TEST 310 Asphalt and Moisture Contents of Bituminous $150 Mixtures by Hot Solvent Extraction (or Equivalent Methodology) CA TEST 312 Design and Testing of Class nAil Cement $800 Treated Base (Complete CTB Design, including aggregate conformance testing) CA TEST 366 Stabilometer Value of Bituminous Mixtures $135 CA TEST 367 Recommending Optimum Bitumen Content (OBC) $ 50 CA TEST 375 In-Place Density and Relative Compaction of $40.50 Asphalt Concrete Pavement per hour CA TEST 379 Asphalt Content of Bituminous Mixtures $ 70 CA TEST 521 Compressive Strength of Concrete Cylinders $ 14 CA TEST 540 Mixing, Storing, and Handling Concrete $40.50 Compressive Strength Specimens in the Field per hour CA TEST 643 Estimating Service Life of Metal Culverts $115 ASTM C131 Abrasion and Impact in the L. A. Machine $150 ASTM C289 Potential Reactivity of Aggregate $575 ASTM C40 Organic Impurities in Fine Concrete $ 42 Aggregates ASTM C42 Testing Drilled Concrete Cores (Compression $110 Testing and Preparation of Specimens, Set of Three) ASTM C78 Flexural Strength of Concrete $ 38 ASTM C88 Soundness of Aggregates by Use of Sulfates, $ 85 Per Size Fraction ASTM·D422 Particle-Size Analysis of Soils $215 CA TEST 205 Percentage of Crushed Particles $110 CA TEST 211 Abrasion of Coarse ( 500 Revolutions) $150 Aggregate - L.A. Rattler (1,000 Revolutions) Exhibit A to Agreement Between City of Chula Vista and LAW Page A-5 Crandall for Materials Testing & Geotechnical Consulting Services ;:¿'3 . ._._--_.~-_.....- --"-'--"~-_._~~-..__._.,-------,.. I TEST METHOD I PRIMARY TESTS I FEE I CA TEST 213 Organic Impurities in Concrete Sand $ 42 CA TEST 214 Soundness of Aggregates by Sodium Sulfate, $ 85 Per Size Fraction CA TEST 227 Evaluating Cleanness of Coarse Aggregates $ 70 CA TEST 229 Test for Durability Index (1 Fine/1 Coarse) $155 CA TEST 311 Determination of Moisture in Soils, Mineral $200 Aggregates, and Bituminous Mixtures by Xylene Reflux (or Equivalent Methodology) CA TEST 533 Ball Penetration in Fresh Portland Cement $40.50 Concrete per hour II. Geotechnical Engineering Consultant shall provide Geotechnical Engineering services for City projects during earthwork construction operations which aRE necessary to meet finished grades shown on the plans and cross- sections. Consultant shall provide geotechnical engineering observation during site preparation for placement of fill and construction of subdrains. Consultant shall make recommendations · regarding the removal of unsuitable material for fills and methods of compaction based on previous geotechnical investigations and Consultant's observations. Consultant's services will be on an as- needed basis. Payment shall be on an hourly basis for time spent on each City project. III. Accounting and Billings Consultant shall provide separate invoices for each City project identified. Every invoice will list all work performed on · project. Invoice shall show total amount billed to date for project, payments received, and amount due. All work elements shall be itemized, i.e. tests performed, personnel charges/hours, equipment costs, etc. City shall be billed within four (4) weeks of work performance. The Consultant shall forfeit payment for work performed and billed to City more than sixty (60) calendar days after performance of work. · Exhibit A to Agreement Between City of Chula Vista and LAW Page A-6 Crandall for Materials Testing & Geotechnical Consulting Services 2i/ , IV. Personnel Mr. David C. Wilson shall serve as Project Manager and single point of contact for the City. The City shall reserve the right of refusing personnel assigned to a project by the Consultant. V. Reports City to receive written reports on test results within 3- working days after completion of test results. Test results are to be faxed as soon as final test results are available. VI. Conflict of Interest Consultant shall refrain from having clients who may be doing work under permits or contractual agreements with the City of Chula Vista. VII. Work not listed in Schedule If an occasion arises whereby the City requests work to be done which is not listed in this schedule, the price/cost of providing this work shall be negotiated in good faith between the City and the Consultant. The negotiated price(s) shall not exceed the January 1998 Schedule of Charges labeled as Exhibit B to this agreement between the City and Consultant. 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 : Deliverable No. 2: Deliverable No. 3 : Exhibit A to Agreement Between City of Chula Vista and LAW Page A-7 Crandall for Materials Testing & Geotechnical Consulting Services ;25 .--..-."-- '_n_ _'.n' ------,,_.- ~,~_._------- D. Date for completion of all Consul::ant services: December 31, 2000. City has the option to extend this agreement for one additional year (from January 1, 2001 to December 31, 2001) . Said extension shall be by mutual agreement between City and Consultant. The City Contract Administrator shall give notice of election to extend this agreement by sending notice by letter to Consultant not later than three months prior to expiration of the term. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . (X) Errors and Omissions Insurance: $500,000 (not included in Commercial General Liability coverage) . 10. Materials Required to be Supplied by City to Consultant: To be determined on a project-by-project basis, mutually agreed to by City and Consultant. II. 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 Exhibit A to Agreement Between City of Chula Vista and LAW Page A-8 Crandall for Materials Testing & Geotechnical Consulting Services 2f; each phase only the compensation for chat phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase l. $ 2. $ Exhibit A to Agreement Between City of Chu1a Vista and LAW Page A-9 Crandall for Materials Testing & Geotechnical Consulting Services ;27 _..._-~._-- . - _.on.' ~____ ~_._--'-_._-----_._---------.-.._._---_._-~._-_.~- ! ) 1. Inëerim Monthly Advances. The Ciëy shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant as to a specified materials test the fee as listed in paragraph 8 .A. 1. For materials testing and other services requested by the City, such as plant inspection and geotechnical engineering, the 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: Exhibit A to Agreement Between City of Chula Vista and LAW Page A-1O Crandall for Materials Testing & Geotechnical Consulting Services :2:? (" , ( ) Not-to-Exceed Limitation on Time and Materials ~I 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 IIreirnbursablesll ("Maximum Compensation") . (2 ) (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time, materials, and fees equal to $200,000 ( "Authorization Limit"), Consultant shall not be entitled to any addi- tional 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 - Personnel f'~ ii ,.ii< ...< .... ·····ii.}. ·.iii .i.ii i. ...... 'Z -~ ii· I ,,,.. Staff Professional $ 78.00 Project Professional $ 95.00 Senior Professional $105.00 Principal Professional $126.00 Chief Engineer/Geologist/Scientist $140.00 Senior Construction/Senior Program $130.00 Manager Senior Technical Writer $105.00 Certified Industrial Hygienist $140.00 Senior Consultant $110.00 Corporate Consultant $210.00 Exhibit A to Agreement Between City of Chula Vista and LAW Page A-11 Crandall for Materials Testing & Geotechnical Consulting Services ;21 ---. .--.,.-..-..-.-.-.-....".--,,--.-. ._,--- "---..----..-..""-..--.--.-.--,, Category of Consultant Employee Hourly Rate Special Registered Inspector* $ 50.00 Materials Field Technician ( Inc I uding $ 40.50 Testing Equipment) * Senior Materials Field Technician $ 60.30 (Including Testing Equipment) * Ultrasonic Technician (Including Testing $ 49.50 Equipment) * Coring Technician - Concrete, Asphalt $ 99.00 (Includes Coring Equipment and Truck) * Soil Foundation Quality Control $ 52.20 Technician (Including Testing Equipment) * Field Exploration Engineer/Geologist/ $ 73.80 Technician* Laboratory Technician (Materials, $ 65.00 Geotechnical, Environmental) * Senior Laboratory/Senior Field Technician $ 90.00 (Materials, Geotechnical, Environmental) * Word Processor* $ 49.50 Draftsperson* $ 56.00 CADD Operator (Includes Computer)* $ 65.00 Accountant * $ 55.00 Project Administrator* $ 62.00 Notes: 1) Time for all categories of employees will charged on a portal-to-portal basis, with a two (2) hour minimum charge per callout 2) Employee Categories with an "*" will be charged at 1.5 times the above hourly rates for over 8 hours worked and for work on Saturdays, Sundays, and holidays ( ) Hourly rates may increase by 6% for services rendered after [month] , 19 , if delay in providing services is caused by City. Exhibit A to Agreement Between City of Chula Vista and LAW Page A-12 Crandall for Materials Testing & Geotechnical Consulting Services 30 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. Cost or Rate ( ) Reports, not to exceed $ : ( ) Copies, not to exceed $ : ( ) Travel, not to exceed $ : ( ) Printing, not to exceed $ : ( ) Postage, not to exceed $ : ( ) Delivery, not to exceed $ : ( ) Long Distance Telephone Charges, not to exceed $ ( ) Other Actual Identifiable Direct Costs: , not to exceed $ : , not to exceed $ : 13 . Contract Administrators: City: Roberto Saucedo or Kirk Ammerman, Construction Engineering 276 Fourth Avenue Chula Vista, CA 91910 Voice Phone: (619) 476-5380 FAX Phone: (619) 476-5381 Consultant: Lawrence E. Carroll Assistant Vice President/Engineering Services Manager 14. Liquidated Damages Rate: ( ) $ per day. ( ) Other: Exhibit A to Agreement Between City of Chu1a Vista and LAW Page A-13 Crandall for Materials Testing & Geotechnical Consulting Services 31 . _.~'._^.__.._.._.__..._·_m'_~"_.._~.'~~_____._.._ 15. Statement of Economic Interests, Consultant Reporting Ca-:egories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. lo Investments and sources of income. ( ) Category No. 2. Interests in real property. ( ) Category No. 3 . Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. S . 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: Exhibit A to Agreement Between City of Chula Vista and LAW Page A-14 Crandall for Materials Testing & Geotechnical Consulting Services 3:2-- 15. () Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly (X) Quarterly (X) Other: B. Day of the Period for submission of Consultant's Billing: () First of the Month (X) 15th Day of each Month () End of the Month () Other: C. City's Account Number: Varies from Prolect to Prolect 19. Security for Performance () Performance Bond, $ () Letter of Credit, $ () Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% () Retention Amount: $ Retention Release Event: () Completion of All Consultant Services (X) Other: Completion and Deliverv of ReDorts Exhibit A to Agreement Between City of Chula Vista and LAW Page A-1S Crandall for Materials Testing & Geotechnical Consulting Services 33 --'","-_.-'"---~---'---"'-'----'----'-'----'-' ..-..+--- ---.---.-..--------..-..-.-------.---------. EXHIBIT B LAW CRANDALL LAWGIBB Group Member ~ SCHEDULE OF CHARGES FOR PERSONNEL SERVICES FOR THE CITY OF CHULA VISTA The fee for our services perfonned by employee or contract personnel will be based on the charges listed below. All fee quotations are applicable for a period of 90 days from the date of the proposal to which this schedule is attached. The rates below have been negotiated specifically for this contract and are valid through December 31, 2000. PROFESSIONAL PERSONNEL HOURLY RATES (Engjneers. Geologjsts. Scientists) · Staff Professional................................................... $ 78 Senior Construction/Senior Program Manager.......... $ 130 · Project ProfessionaL..............................................$ 95 Senior Technical Writer ........................................... $ 105 · Senior Professional................................................ $ 105 Certified Industrial Hygienist.................................... $ 140 Principal Professional............................................... $ 126 Senior Consultant..................................................... $ 180 Chief Engineer/Geologist/Scientist ........................... $ 140 Corporate COnsultant................................................ $ 210 TECHNICAL AND SUPPORT PERSONNEL HOURLY RATES Special Registered Inspector .................................. $ 45.00 Soil Foundation Quality Control Technician · Materials Field Technician (Incl. Test Equipment).....................................$ 52.20 (Incl. Test Equipment) .................................... $ 40.50 Field Exploration Engineer/Geologistffechnician...$ 73.80 Senior Materials Field Technician Laboratory Technician (Materials, (Inc. Test Equipment) ..................................... $ 60.30 Geotechnical, Environmental) .........................$ 65.00 Ultrasonic Technician (Incl. Test Equipment)........ $ 49.50 Senior Laboratory/Senior Field Technician Roofing - Waterproofing Inspector (Materials, Geotechnical, Environmental)........$ 90.00 (Incl. Test Equipment) .................................... $ 49.50 Word Processor ......................................................$ 49.50 Coring Technician - Concrete, Asphalt Draftsperson...........................................................$ 56.00 (Incl. COreEquipment and Truck) ................... $ 99.00 CADD Operator (includes computer)......................$ 65.00 Asbestos Technician/Air Monitoring Technician... $ 58.50 Accountant... ..........................................................$ 55.00 . Primary Categories Project Administrator .............................................$ 62.00 These rates apply to regular time worked and travel time in the continental United States. A maximum travel time of 8 hours will be charged in any day. A premium charge will apply to time in excess of 8 hours per weekday and all time on Saturdays. Sundays, and holidays, when such time represents time worked on the project or travel time to or from the project. The premium charge will be charged at the above rates for professional personnel and at 1.5 times the above rates for technical and support personnel. In the event of adverse weather conditions or other factors beyond our control, a standby charge of 4 hours will be made for field personnel when the field personnel are called to the site and have begun work The minimum daily charge for field inspectors or technicians, other than field exploration personnel, when working at a project site, will be 2 hours for each job. Travel time for all personnel will be charged on a portal-to-portal basis for all personnel. '. The incidental services of an engineer and/or geologist, project manager or administrative staff where required on the project for normal field supervision or office and field administration, will be not invoiced. This includes basic review of laboratory and field test results. Charges for engineering services will be made for consulting and analysis time spent in analyzing project discrepancies, conducting investigations, resolving technical conflicts, attending special meetings. and exercising engineering judgement in the interest of the project. Field services that require specially trained personnel, because of the presence of hazardous materials, as defined by the Hazardous Waste Operations and Emergency Response Act, 29 CFR 1910.120, will have a surcharge imposed Required levels C & D personal protection will be surcharged at 10% of the above hourly rates, and required levels A and B personal protection will be surcharged at 25% of the above hourly rates. Page 1 of2 A Division of Law Engineering and Environmental Services. Inc. 9177 Sky Park Court, SUite A San Diego, CA 92123 619-278·3&X) . Fax 619-278-5300 31 COUNCIL AGENDA STATEMENT Item J--/ Meeting Date 12/8/98 ITEM TITLE: A) Resolution /7'.297 Approving a Deferral Agreement with McMillin Otay Ranch LLC Concerning the Development of Certain Parcels in the Otay Ranch SPA One and Authorizing the Mayor to Execute Said Agreement. B) Resolution /12'1 rr Approving Final "B" Maps for Chula Vista Tract No. 97-02, McMillin Otay Ranch SPA One, Phase I, Units 2 and 3, Accepting on Behalf of the Public the Public Streets Granted on Said Maps Within Said Subdivisions, Accepting on Behalf of the City of Chula Vista the Easements Granted on Said Maps within Said Subdivisions, 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 Maps within said Subdivisions and approving Subdivision Improvement Agreements for the Completion of Improvements Required by Said Subdivisions and Authorizing the Mayor to Execute Said Agreements. C) Resolution / 9 d-. ~ " Approving Supplemental Subdivision Improvement Agreement for the Final "B" Maps for Units 2 and 3 of Chula Vista Tract No. 97-02, McMillin Otay Ranch SPA One, Phase 1 and authorizing the Mayor to Execute Said Agreement. SUBMITTED BY: Director of Public Wory ~ REVIEWED BY: City Manage~ -> (4/Sths Vote: Yes_No..x) Tonight, Council will consider the approval 0 an agreement for deferring the development of certain parcels within the Otay Ranch SPA One. Council will also consider the approval of Final "B" Maps, Subdivision Improvement Agreements, and Supplemental Subdivision Improvement Agreement for Units 2 and 3 of the McMillin Otay Ranch SPA One, Phase 1 (CVT 97-02). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approve the Resolutions approving the: A) Deferral agreement for developing certain parcels within McMillin's portion of Otay Ranch SPA One; B) Final "B" Maps and Subdivision Improvement Agreements for Units 2 and 3 of Tract No. 97-02; and C) the Supplemental Subdivision Improvement Agreement for Units 2 and 3 of Tract No. 97- 02. DISCUSSION: On June 3, 1997, by Resolution No. 18686, the City Council approved the Tentative Subdivision Map for Chula Vista Tract 97-02, McMillin Otay Ranch SPA One. An excerpt of the minutes of that meeting is presented in Attachment 1. On July 14, 1998, the City ;2)-/ Page 2, Item Meeting Date ] 2/8/98 Council approved the Otay Ranch McMillin, Phase 1 Final "A" Map and the Subdivision Improvement Agreement ("A" Map SIA) for that map by Resolution No. 19079. An excerpt of the minutes of that meeting is presented in Attachment 2. The Final "A" Map created "superblocks" Units 2 and 3 corresponding to Neighborhood R-24a and R-24b of CVT No. 97-02. 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 at fInal map in the entire SPA (see attachment 3). In summary, the PFFP states that an agreement to construct two critical regional transportation improvements needs to be entered into and secured (i.e. cash deposit or bonding for the construction) before a final map can be approved which triggers the cumulative EDUs. Those two transportation improvements, and the cumulative EDUs that trigger those improvements are: Telegraph Canyon Rd @ Otay Lakes Rd, Intersection improvements; Olympic Parkway - Brandywine Avenue to Paseo Ranchero; In addition, under the PFFP, the Olympic Parkway project needs to be under construction before the building pennit for the 1414th EDU. Several recorded maps have created superblock parcels for either multifamily uses, commercial uses, community purpose facilities, parks, or schools. These lots, due to the nature of the uses, do not require the filing of a subsequent fmal map and, therefore, need to be counted towards the EDU threshold. Approval of other previous fmal maps within the Otay Ranch SPA One area have created single family lots for approximately 1213 EDUs. In order to continue to process the single family development, the developers have proposed to the City that they withhold development and defer building peOllits on those multifamily and commercial lots until both of the above transportation improvement projects are under construction. The first resolution approves a foOllal trip deferral with McMillin Otay Ranch LLC for the following parcels: * Mixed use lot (Commercial/Multifamily) C-3/R-45 * Community Purpose Facility lot CPF-4 In a future agenda item staff will present a trip deferral agreement with Otay Project LLC for the following parcels: * Multifamily lots R-20 and R-21, * Commercial lots C-l and C-2 In addition, while not included in the trip deferral agreement, park and school sites are included in the PFFP triggers. However, staff does not intend to count the trips generated from these sites in the triggers because much of the traffic generated is primarily local. Staff will be doing more analysis of these issues and will bring them back with an update of the PFFP for SPA I West in c2) ~cÅ Page 3, Item Meeting Date 12/8/98 February. It is anticipated that the trip generation rate for schools, as they affect the regional circulation system, will be reduced, but not eliminated entirely. The City Attorney has also approved the proposed agreement as to form. Final Maps and Associated Agreements The final maps consist of the following: Unit 2 72 4 (0.261 acres)' 14.689 Unit 3 66 6 (5.096 acres )1 18.642 1) All open space lots are private and will be maintained by a Master Homeowner's Association. Both maps (see AttacIunents 5 and 6) have been reviewed by the Department of Public Works and Planning & Building and found to be in substantial conformance with the approved Tentative Map. All fees and/or cash deposits specific to both maps have been collected in satisfaction of various Tentative Map conditions of approval. In addition, approval of the maps constitutes acceptance by the City of all assignable and irrevocable general utility, emergency access, sewer, drainage and general access easements granted on said maps. However, only an Irrevocable Offer of Grant of Fee Title of the open space lots is conveyed on the maps, 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 lots will remain in private property and will be maintained by a Master Homeowner's Association. Approval of the maps constitutes acceptance of behalf of the public of the following streets: · Bramblewood Court · Lone Tree Road · Clover Tree Court · F ernwood Road · Sage Tree Court · Breezewood Drive · A portion of Bouquet Canyon Road McMillin has already executed a Subdivision Improvement Agreement for each map 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 ~ improvements serving Units 2 and 3 has been already secured by the "A" Map SIA (previously approved by Council on July 14, 1998). McMillin has already executed a Supplemental Subdivision Improvement Agreement ("SSIA") for the subject fmal maps. The Tentative Map conditions of approval of CVT No. 97-02 are presented in Attachment 7 (Resolution No. 18686). The conditions that are satisfied by the SSIA are: 1,3, .1/- ;> Page 4, Item Meeting Date 12/8/98 4, 6, 7, 22c, 39, 73, and l00b. These conditions, excepting Nos. 7, 22c, 73, and l00b are addressed using typical language used in previous agreements. Following is a discussion on conditions No.7, 22c, 73, and lOOb: Condition Nos. 7 - (Conveyance Obligation). This condition stipulates that prior to the approval of each 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 "B" Map SSIA requires the developer to deposit cash with the City in the amount of $121,008 ( 39.597 acres of conveyance obligation X the average value of $3,056 per acre detennined in the appraisal) concurrent with the execution of the "B"Map SSIA. The 39.597 acres is the aggregate of the conveyance obligations for the Unit 2 (17.451 acres) and Unit 3 (22.146 acres). The developer further agrees to purchase land for conveyance to the Preserve, within 18 months after approval of the agreement. If the 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 (see Attachment 9) 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 Nos. 22c and lOOb - (pedestrian Bridges). These conditions require the developer to enter into an agreement with the City in which the developer agrees to fund its fair share of the cost of construction of the pedestrian bridges connecting Villages One and Five, Villages One and Two, and Village Five and Six. The developer has requested that a Development Impact Fee ("DIF") be established to finance the fair share of constructing the three pedestrian bridges. Tonight, Council will also be considering an ordinance establishing said DIF. The second reading and adoption of the ordinance is scheduled for December 15, 1998. If approved by Council and no legal challenge is filed, the DIP will become effective on February 13, 1999. Because the Pedestrian Bridge DIF has not yet been established, the "B" Map SSIA requires the developer to deposit, concurrent with the execution of the "B" Map SSIA, cash equal to $82,800.00 (138 EDUs X estimated DIP amount of $600 per EDU). This represents the estimated fair share of Unit 2 (72 EDUs) and Unit 3 (66 EDUs) of the cost of constructing the bridges. If the final DIF is less than the estimated, the City agrees to refund the Developer the difference. If the amount of the final DIF is more, the developer agrees to pay the difference. c:¿J-i Page 5, Item Meeting Date 12/8/98 The developer acknowledges that if no DIF mechanism for the pedestrian bridges is established for any reason, the City has the right to retain the cash deposit to use for the construction of said pedestrian bridges and that the developer shall pay the City any difference between the Final Map's fair share of the actual total costs incurred to construct the pedestrian bridges and the amount previously paid. Condition No. 73 - (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 within Phase I, the developer agrees to pay PAD fees as determined in the PAD fee ordinance based upon a formula of I acre per 1,000 residents. With respect to the fmal maps for Units 2 and 3, the developer agrees to pay, in cash, the PAD fees within 60 days of approval of the final maps. In addition, the developer agrees to provide, concurrent with the execution of this agreement, security to guarantee the payment ofP AD 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 developer enters into an agreement with the City (within 60 days of approval of these final maps) for constructing the Community Park. FISCAL IMPACT: None to the City. The developer 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 will be brought to Council on January 1999. Attachments: Attachment I: Minutes of 6/3/97 (Resolution No. 18686) Attachment 2: Minutes of 7/14/98 (Resolution Nos. 19079 & 19080) Attachment 3: PFFP Transportation Improvements Attachment 4: SPA One Phasing Plan Attachment 5: Unit 2 Final Map Attachment 6: Unit 3 Final Map Attachment 7: Tentative Map Conditions of Approval Attachment 8: Developer's Disclosure Statement Attachment 9: Land Conveyance Letter H:\HOME\ENGINEER\LANDDEV\OT A YRNCH\l13U2&3.LEC December 3. 1998 :2/ - ? RESOLUTION NO. /9..2..97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DEFERRAL AGREEMENT WITH McMILLIN OTAY RANCH LLC CONCERNING THE DEVELOPMENT OF CERTAIN PARCELS IN THE OTAY RANCH SPA 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, the trigger points are linked to cumulative Equivalent Dwelling Units (EDUs) approved by the final map in the entire SPA; and WHEREAS, the PFFP states that an agreement to construct two critical regional transportation improvements needs to be entered into and secured (i.e., cash deposit or bonding for the construction) before a final map can be approved which triggers the cumulative EDUs; and WHEREAS, the two transportation improvements and the cumulative EDUs that trigger those improvements are: Telegraph Canyon Road @ Otay Lakes Road Intersection improvements and Olympic Parkway - Brandywine Avenue to Paseo Ranchero; and WHEREAS, in order to continue to process the single family development, the developers have proposed to the City that they withhold development and defer building permits on the commercial and community purpose lots until both of the above transportation improvement projects are under construction. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve a Deferral Agreement and Declaration of Covenants Running with the Land with McMillin Otay Ranch LLC concerning the Development of certain Parcels in the Otay Ranch SPA One, a copy of which shall be kept on file in the office of the city Clerk, as Document No. 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 \~~/(¿;-~~Lfil John P. Lippitt, Director of Joh. Kaheny, City torney Public Works H:\home\lorraine\rs\spaone.def ell/} -¡ - --,-_..- . .-'-'-~'-'~-'--'---""-"'--"-"--'--'-'--'._'-"--'--' -......- RESOLUTION NO. )9cJ-jg- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL \\BI1 MAPS FOR CHULA VISTA TRACT NO. 97-02, MCMILLIN OTAY RANCH SPA ONE, PHASE 1, UNITS 2 AND 3, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA THE EASEMENTS GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF LOTS FOR OPEN SPACE AND OTHER PUBLIC PURPOSES ON SAID MAPS WITHIN SAID SUBDIVISIONS AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT 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 97-02, McMillin Otay Ranch SPA I, Phase I, Unit 2 and more particularly described as follows: Lot 2 of Chula Vista Tract 97-02, McMillin Otay Ranch, SPA I, Phase I, in the 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 on July 28, 1998. Area: 14.689 Acres No. Of lots: 76 Numbered lots: 72 Lettered lots: 4 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 public the public streets to-wit: Bramblewood Court, Clover Tree Court and Sage Tree Court, all as shown on this map within this subdivision, and said streets are hereby declared to be public streets and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula vista the Irrevocable Offer of a Dedication of Fee interests of Lots A, B, C and D 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 that an offer of a Grant shall remain open and subject to future acceptance by the City. 1 )2) IS -/ BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the assignable and irrevocable Public utility and Access Easements, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that said City Council hereby accepts on behalf of the public the 2-foot wall maintenance easement, all as shown on said map within this 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 said public streets are accepted on behalf of the public as therefore stated 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 and that the wall maintenance easement, as granted hereon and shown on said map within this subdivision are accepted on behalf of the City of Chula vista as hereinbefore stated. 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 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 as Document No. , is hereby approved. 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 97-02, McMillin Otay Ranch SPA I, Phase I, unit 3 and more particularly described as follows: Lot 3 of Chula vista Tract 97-02, McMillin Otay Ranch, SPA I, Phase I, in the 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 on July 28, 1998. Area: 18.642 acres No. Of lots: 72 Numbered lots: 66 Lettered lots: 6 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 public the public streets to-wit: Lone Tree Road, Breezewood Drive, Fernwood Road and Bouquet Canyon Road, all as shown on this 2 c:2) [] - ;¿ _____.'___...m_ __ ___ """..____..___ map within this sUbdivision, and said streets are hereby declared to be public streets and dedicated to the pUblic use. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee interests of Lots A, B, C, D, E and F 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 that an offer of Dedication shall remain open and subject to future acceptance by the City. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the assignable and irrevocable Public Utility and Access Easements, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the two foot wall maintenance easement, all as shown on said map within this subdivision. BE IT FURTHER RESOLVED that said City Council hereby accepts the pedestrian access easement over, upon and across certain connector trails, all as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said City Council hereby accepts the emergency access easement, all as shown on said map within this 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 said public streets are accepted on behalf of the public as therefore stated 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, and that said pedestrian access easement and that certain emergency access easement and that certain as granted hereon and shown on said map within this subdivision are accepted on behalf of the City of Chula vista as hereinbefore stated. 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 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 as Document No. , is hereby approved. 3 ;l/ß3 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 John P. Lippitt ~~~ Director of Public Works city Attorney H:\Home\Attorney\MCMillin.2&3 4 .2Iß-( RESOLUTION NO. /9:<99 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FINAL "BII MAP FOR McMILLIN OTAY RANCH, SPA ONE, PHASE ONE (UNIT TWO (2) AND UNIT THREE (3) ) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developers of McMillin Otay Ranch, Spa One, Phase One (Unit Two (2 ) and Unit Three (3) ) have executed a Supplemental Subdivision Improvement Agreement (SSIA) in order to satisfy Conditions of Resolution 18686 for Chula vista Tract No. 97-02. 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. 97-02, a copy of which is on file in the office of the city Clerk as Document No. 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 ~ln~ Director of Public Works City Attorney C:\ReS\MCMSupp.2&3 c!2JC~/ ----------------.-----.-- 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 December, 1998, by and between McMillin Otay Ranch, LLC, a Delaware Limited Liability Company formerly known as McMillin-D.A. America Otay Ranch, LLC, a Delaware Limited Liability Company, ("Developer") and the City of Chula Vista, a municipal corporation ("city"), with respect to the following facts: RECITALS A. Developer wishes to develop certain portions of real property as more particularly described in Exhibit "A-I" attached hereto and as shown on Exhibits "A-2" and "A-3", which ownership is subj ect to trip deferral (" Property") . 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 (PFFP) . B. 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. C. The PFFP contains provisions which require Developer to construct 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 improvements include Telegraph Canyon Road at Otay Lakes Road intersection and Olympic Parkway from I-80S to Paseo Ranchero. D. Olympic Parkway between I-80S and Brandywine Avenue currently exists as a minimum two lane roadway, which roadway will provide adequate service until City can widen said portion as part of an overall freeway interchange project. 1 ;J-}C -~ E. Completion of street improvements is required by the PFFP when application is made for the building permit for the 14I4th 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. F. Developer wishes to defer construction of community purpose facility lot CPF-4 and mixed use lot (commercial/multifamily) C-3/R-45 as shown on Exhibits "A-I" and "A-2" ( "Deferral Property" ) in order to construct additional residential developments within the limits of the PFFP. 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 described on Exhibits "A-I" through "A-3" until Developer, its assignees or other third party provides Telegraph Canyon Road at Otay Lakes Road intersection and Olympic Parkway from Brandywine Avenue to Paseo Ranchero ("Streets") as described in paragraph 2 below. 2. Termination of Covenant. Upon completion of the Physical Improvements as to the Streets, 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. As used in this Agreement, "Physical Improvements" means construction of the Streets in a manner such that in the City Engineer's opinion and sole discretion will provide adequate traffic capacity and service. 3 . Transfer of Deferral Restrictions. In the City's discretion, the parties will cooperate to transfer all or a portion of the restrictions of this Agreement to other property within SPA I if Developer chooses to develop the Deferral Property before such other property, provided that the property to which the restrictions are being transferred could generate equal or greater EDUs than the Deferral Property of the portion thereof being released. 4 . 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, administrators, 2 c2/C r 3 --------" 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. 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 3 c2/C-( If to McMillin: McMillin Otay Ranch LLC c/o Development Engineering The McMillin Companies 2727 Hoover Avenue National City, CA 91950 Attn: Mr. Robert A. Pletcher 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 c2/c--S- ..~-------~_._._----._- --~-_.- 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 McMILLIN OTAY RANCH LLC, a Delaware limited liability company By: McMILLIN COMPANIES, LLC, a Mayor Delaware limited liability company, Attest: Its Manag~er BY:~ . Title: VI£,¿. Beverly Authelet, city Clerk Approved as to Form: 7~ ¡tI'¿l7 f @ ~'~ JOh~aheny, City Att ney H,\Home\Attorney\Agree\Deferral 5 c2/C-? DESCRIPTION OF PROPERTIES TO BE INCLUDED IN THE MCMILLIN OTAY R'l.NCH LLC, SPA ONE AGREEMENT TO DEFER DEVELOPMENT. LOT 8 OF CHULA VISTA TMCT NO. 97-02, MCMILLIN OTA Y R'l.NCH, SPA ONE, PHASE ONE, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 13605 THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 28,1998: AND LOT 3 OF CHULA VISTA TR'l.CT NO. 98-04, MCMILLAN OTA Y R'l.NCH, SPA 01\1:, PHASE TWO. IN THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 13649 THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON OCTOBER 15, 1998. . ~ H:\HO~!"·'=:"GISEER\l..A"1)DE\'\OT A YRNCHJ.GL.DEFR.CLS d-/ C. - ? - . - ... EXHIBIT A-l ~. I z. L__ ~ '~ -J.... ~Þ!..f.:r.~ J >- "':IlIA RDAD LOT "A' ?AREJE!... 2 D~RTJnUT£ Dr ""- " CDM?1./'/'¡Yn.£ .. ~ ""- _i:;::;.. /777-D44374!;' ~ " " '::=-,'"' ~'- /2-97 It¡ ;---.- ~._~... '"'1 :-- .::.. ........;-::: <f=:: ""- \. ~'~- 't):-->- . , -" <'-:"\!) '') '-.' ~~ :::..: ~ :s ~~ ~ ,,~ " ........ ~ , ... "'~" , ~ Q-.. -.....; "- ......::::.. 5: . , 5 Gi ~ "- ~ " '-.' PARK ~ .' ~ ~~ ':)' , y-..t'\,.) -'- v) ~ ~ to It¡ " ~ - SUBDfV!SION ~ BJUND4:::rY ,=>HASE 2 ~ " S''J D'~' Þ.?~ ,,-ù~\j~Dç \ ¡ 3~r\ ¡S- .Ff?A C T J D}~'J:L SECT!!);\' 4 I TJBS/ RJW s.....?..JY:.. RICK ENGINEERING COMPANY CML ENGINEERS· SURVEYORS· PLANNERS CHULA \I1STA TRACT NO. 98-04 5520 FRIA?3 ROAD. SAN DIEGO McMILUN orA Y RANCH CA. 32I1C-2.535 ?HONE: (5!3) 23:-0707 ')c- ~ SPA 1, PHASE 2 ?ROJ='::ï t.::..¡...s~KI 1-'7-- KEY MAP - 300 S~ ,)1- ::>~\ - --- -,,---_."" ---,------ __=..>,.,...~!__.:_-'__,...Ll'.___._~L.. Exhibil '8' - --- .- -- ~ .:;¡ - < - " ¿ .=.--...;... -"-"c"-"-'-'-"-"-'r"-"¡:' =' ~. x ~ (!) ..-..- a'/ " ~ "I ~ .-..-..-....... -.;" '"-' , /.. ': 'T"-;,' ::; ;;~_ ". ~ ~ J, - " ':::¡ f, _ / . < '. . -. ..: - /"".. ~ .:: .; - -- ~ .' . .. :: v. J. : *: '1'\: '" ~ ~ / , \ <: .:r. 'i' _ _ _ .... /. ~ :. :. ,'" ;---'.~.- -- - ":' ,'~ " , J .. !.. v, .,.. 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I I ~ I I LOT"A' \ OPEN SPA=E LOT 'J' OPEN SPA:::£ 2 1 \ 5 "'" ;;:.~ \ >- -u'e. ;=; -- "'- "'=. ~ ". 7 ......- I ¡ ;::> ~- '-';. t=.~ 6 -- 'J.:Z 11 \ ~ \ \ \ ..-- --\ PARCEL 2 \ ~ ---l -r' T.- !r~!JM"" 1 'NC· \ ' -;NCH C~r: J ~ ........,.= '/".... ~,-,I"' ___ -fì " DDC. l777-D1-43746 ?EC. 7-l2-~/ \ ~j.y 8¡'~ -OI/ll).P RICK ENGINEERING COMPANY CHULA VISTA TPACT NO. 97-02 CIVIL ENGINEERS- SURVEYORS - PLANN:RS McMIlliN OTA Y RANCH SPA 1 5620 rRlARS ROAD. SAN DIEGO / c-1 KEY MAP - 500 SCALE -=-. .." CA. 52110-2596 PHONE: (6!9) 291-0707 J ", ?RC.J~:'7 N:JhA9ERI I-'?~ EXHIBIT A-3 ,;) _o ,"'..,,,.-.... ., " -- " , 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 McMILLIN OTAY RANCH, LLC, a Delaware Limited Liability Company formerly known as McMILLIN-D.A. AMERICA OTAY RANCH, LLC, a Delaware Limited Liability Company, 2727 Hoover Avenue, National City, California 91950 hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Chula Vista Tract No. 97-02, McMillin Otay Ranch, SPA One, Phase One, Unit 2 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 1 co2/C-// land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 18686, approved on the 3rd day of June, 1997 ("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. 98-555 through 98-560, 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 six Hundred Nineteen Thousand One Hundred Thirty Dollars and No Cents ($619,130.00) . NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: l. 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. 2 ;2/G -/2.. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will 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 Three Hundred Nine Thousand Five Hundred Sixty-five Dollars and No Cents ($309,565.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit IIAn 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 Three Hundred Nine Thousand Five Hundred Sixty-five Dollars and No Cents ($309,565.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit liB" and made a part hereof and the bond amounts as contained in Exhibit "BII , 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 Twelve Thousand Dollars and No Cents ($12,000) to secure the installation of monuments, which security is attached hereto, marked Exhibit lien and made a part hereof. 3 JjC -/3 ---"--- 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and ·any proceeds from the improvement security. 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 4 -~~/~4 c2/C-/1 ~...._-~- -- -..-.----- shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, beCause of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 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 ~/C --/~ "----...-----.------ . IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA McMILLIN OTAY RANCH~LC àI Þel~_ f,~... h~ "'-1J By· Mo !"-I\M.... GO'"'t"",\e~ Mayor . ;:-'F'h':) 0..,'":) [Name] Attest: V~,~~ [Title] Beverly Authelet, city Clerk Approved as to Form: (~ U,/ John M. eny, City A~y [Title] (Attach Notary Acknowledgment) 6 d.-/L -/~ .---_..__.._----_.~-------~~_.~-----~,..- LIST OF EXHIBITS Exhibit "All Improvement Security - Faithful Performance Form: Bond Amount: $309,565.00 Exhibit liB" Improvement Security - Material and Labor: Form: Bond Amount: $309,565.00 Exhibit "CII Improvement Security - Monuments: Form: Bond Amount: $12,000.00 Securities approved as to form and amount by ~ r¡J11 ~ µm City Attorne Improvement Completion Date: Two (2) years from date of city Council approval of the Subdivision Improvement Agreement H:\home\attorney\sia\McMillin.2 7 ,;LIe. - /? ---.-.-.-.--..-.--.- -- -- --,-_.._,~-----_.- '\ } STA1E OF CALIFORNIA }ss. COUNTY OF San Diego } On f~-/, i 1Y . before me. Dawn B. Mendoza, Notarv Public . I personally appeared Craig T. Fukuvama and Robert A. Pletcher , personally known to me II!6/JUHW'/t:iIHfllt:nII/l'IW$f¡fml./Þ.fA$fNJdl1fl~ to be the person(s) whose name(s) r.tare subscribed to the within instrument and acknowledged to me that UHH/they executed the same in ~II!their authorized capacity(ies). and that by l/I~f~N/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted. executed the instrument. WITNESS my hand and official seal. Signature IJ2dl~'VL cJJ~ ~¡;~W~~~MEN'DOV:-'1 _ ../.; ", COMM.N 1125049 z ~ ~ NO'^"' .""oc.cou",""I^ \:1 z ~., S....N[1!EGO,Cll .... ..... 'UCC"""'I~VI"E.1"',",E.~J""'Y; ?'C,' ( This area tor offICIal notarial seal! Title of Document Svbð\Vl'7í!5Y\i 11'Y\.?y()y-{.(\ì,i^-t .~r-u yy1.(.1\:-1 Oi~1 51, PIln.. I Date of Document No. of Pages I Other Signatures not acknowledged ;l/e -/r 3008 11/94\ (General) =Irst Amencan Title Insurance Comoany 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 McMILLIN OTAY RANCH, LLC, a Delaware Limited Liability Company formerly known as McMillin-D.A. America Otay Ranch LLC, a Delaware Limited Liability Company, 2727 Hoover Avenue, National City, California 91950 hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the city of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Chula Vista Tract No. 97-02, McMillin Otay Ranch, SPA One, Phase One, Unit 3 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 1 dlC ~/ 9 ______·___________"_._.,'_._.______.n___'_ land development work required in said subdivision within a definite period of time prescribed by said Council, and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 18686, approved on the 3 rd day of June, 1997 ("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. 98-667 through 98-672, 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 six Hundred Fifty Four Thousand Eight Hundred Ninety Two Dollars and No Cents ($654,892.00) . 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. 2 :2/C-c2tJ 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4 . It is understood and agreed that Subdivider will 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 wri t ing 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 Three Hundred Twenty Seven Thousand Four Hundred Forty six Dollars and No Cents ($327,446.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "All 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 Three Hundred Twenty Seven Thousand Four Hundred Forty six Dollars and No Cents ($327,446.00) to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit liB" and made a part hereof and the bond amounts as contained in Exhibit IIBII , 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 Eighteen Thousand Dollars and No Cents ($18,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 3 c2/é-e2/ _--_0-_. .___..~_.~.___...._ _._....~__.___ 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 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 4 c2/C-c2:2. shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that city, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. subdivider further agrees to protect and hold the city, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 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 c2/C~;¿3 . ---.----......- , IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA McMILLIN OTAY RANCH, LLC ~Dt..~ lì"'¡~ Ii,....ili~'-i~ By: I'-\cl"'ll..l..\...t GÞ....,A,-IIe¡~, ~~\~ \~-W ll;¡¡'¡-li~ ~ Mayor [Name] ~ Attest: .,)/4. ~ [Title] Beverly Authelet, City Clerk . Approved as to Form: ~ /i~~~{~ John,]. eny, ity ~ney !hsJè! en! [Title] (Attach Notary Acknowledgment) 6 cJ/C -;¿( w~,._.._.__ _______.~ , LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $327,446.00 Exhibit liB" Improvement Security - Material and Labor: Form: Bond Amount: $327,446.00 Exhibit IIC" Improvement Security - Monuments: Form: Bond Amount: $18,000.00 Securities approved as to form and amount by ~~)77C~ City Attor y Improvement Completion Date: Two (2) years from date of city Council approval of the Subdivision Improvement Agreement H:\home\attorney\sia\MCMillin.3 7 c1/c -~ --_....._.__._--_._-_.._......~--_.- } STA1E OF CALIFORNIA }ss. COUNTY OF San Diego } On })/3118 . before me. Dawn B. Mendoza, Notary Public I / personally appeared Craig T. Fukuyama and Robert A. Pletcher , personally known to me ØI/litHWI'ltiltrII_lwlllitlmii/l!ill'lfl."_$f;HtIJt/WiØtl/:M¡ to be the person(s) whose name(s) f!Jfare subscribed to the within instrument and acknowledged to me that .tHH/they executed the same in I!J/IØtNtf/their authorized capacity(ies), and that by 1Ii~'I/IIWtheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature /J!A/lv1¡A ð~ ,ThIS area for offICIal notarial seal I Title of Document 0\)\0¡¡{ii;~?1'UW 11'\1' :yolK 1'ì,\,(¡11' UlY1f/'t. T (¡ Date of Document No. of Pages Other SlonalUres nOI aCknowledaed I - - eJ/ c -;J-t 3008 (11941 (General) :=trst American Tille Insurance Company RECORDING REQUESTED BY: ) ) City Clerk ) ) ~ WHEN RECORDED MAIL TO: ) ) ;-,p CITY OF CHULA VISTA ) '- 276 Fourth Avenue ) ""<- Chula vista, CA 91910 ) >-- ) S--- 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 FINAL "B" MAP FOR McMILLIN OTAY RANCH, SPA ONE, PHASE ONE (UNIT TWO (2) AND UNIT THREE (3) ) (Conditions 1, 3, 4, 6, 7, 22c, 39,73, and 100b of Resolution No. 18686) This Supplemental Subdivision Improvement Agreement ( "Agreement" ) is made this _ day of , 199 , by and between THE CITY OF CHULA VISTA, California ("City" or 11 Grantee 11 for recording purposes only) and McMILLIN OTAY RANCH, LLC, a Delaware Limited Liability Company formerly known as McMillin-D.A. AMERICA OTAY RANCH, LLC, a Delaware Limited Liability Company, ( "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 a master planned development commonly known as the McMillin Otay Ranch SPA One, Phase One Project. For 1 c2 / {>- :J.. ? purposes of this Agreement the term "Project" shall mean "Property" . B. The City has approved, by Resolution No. 18686 ("Resolution"), a Tentative Subdivision Map commonly referred to as Chula vista Tract 97-02 ("Tentative Subdivision Map") for the subdivision of the Property subject to certain conditions as more particularly described in the Resolution. The conditions are attached hereto as Schedule "1". C. Developer has applied for a Final Map for a portion of the Property, more specifically known as Unit 2 and Unit 3. City is willing, on the premises, security, terms and conditions herein contained to approve a Final Map for unit 2 and Unit 3 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. D. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: a. "Final Map" means final map for Unit 2 and Unit 3 of the McMillin Otay Ranch, SPA One, Phase One as described on Exhibit "A". b. "commencing construction" means when a construction permit or other such approval has been obtained from the City or a construction contract has been awarded for the improvement, whichever occurs first. c. "complete construction" means when construction on an improvement has been completed and the City has accepted the improvement. d. "guest builder" means those entities obtaining any interest in the Property or a portion of the Property after this Final Map has been recorded. e. "Owner" or "Developer" mans the person, persons, or entity having a legal or equitable interest in the Property, or parts thereof, and includes Developer's successors-in-interest and assigns. f. "PFFP" means the SPA I Public Facilities Financing Plan adopted by Resolution No. 18286, amended on October 6, 1998 by Resolution No. 19201 and as may be amended from time to time. g. "RMP 2 Phase 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as may be amended from time to time. 2 d--/C - 2~ h. ""A" Map Agreement" means the Supplemental Subdivision Improvement Agreement for the McMillin Otay Ranch SPA One, Phase One "A" Map adopted by Resolution No. 19080. i. "First "B" Map Agreement" means the Supplemental Subdivision Improvement Agreement for the McMillin Otay Ranch SPA One, Phase One, Units One (1) and Four(4) adopted by Resolution No. 19246. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property, as described on Exhibit "A", 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 benefi t and Burden of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, . Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder; provided Developer obtains the prior 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. 3 )/é ~ 2; _,_____._ _______n__. 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 conveyance of a residential lot to a buyer of an individual housing unit, Developer may have the right to obtain a release for such lot from the Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. The City shall not withhold its consent to such release so long as the City finds that the Developer is in compliance with the terms of this Agreement and that such partial release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. 2. Condition No. 1 - (General Preliminary). In satisfaction of Condition No.1 of the Resolution, Developer hereby agrees, to comply with the requirements and guidelines of the Parks, Recreation, Open Space and Trails 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 shall remain in compliance with and implement the terms, conditions and provisions of said documents. 3. 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. 4. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the Resolution, Developer hereby agrees, that Developer shall comply with all the applicable SPA conditions of approval. 4 c1/c - .3 ¿; , 5. Conditions No.6 - (Environmental). In satisfaction of Condition No.6, the Developer agrees to implement all applicable mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this Project and the Mitigation Monitoring and Reporting Program. 6. Condition No.7 - (Environmental). In satisfaction of Condition No.7, Developer agrees: a. Cash deposit. Developer understands and agrees that mitigation of the environmental impacts caused by development within the Project, requires conveyance of land to the Preserve Owner Manager or the payment of an in-lieu fee, in accordance with the requirements of the RMP Phase 2, and other related documents. Developer does not currently own land required to be conveyed to the Preserve Owner Manager, but wishes to obtain approval of the Final Map before an In-lieu fee has been adopted by the City. Therefore, Developer agrees to deposit cash with the City in the amount of $121,011.49 ("Cash Deposit") concurrent with execution of this Agreement. (The City agrees to retain the Cash Deposit in a separate fund account in accordance with the provisions contained in this paragraph.) The Cash Deposit represents an estimate of the cash equivalent of the Final Map's conveyance obligation that is identified in the RMP Phase 2. Developer understands and agrees that Developer's conveyance obligation is calculated by including development areas, streets, open space lots, paseos, pedestrian parks and slope areas shown on the Final Maps, as set forth in Exhibit "B" b. Purchase Land. Developer further agrees to use its best efforts to purchase real property, identified in the Conveyance Plan of the RMP Phase 2 ("Land"), within 18 months after the date of this Agreement, in an amount equivalent to the Final Map's conveyance obligation, identified in the RMP Phase 2 and as may be amended from time to time. Upon the request of the Developer, city agrees to place the Cash Deposit, into an escrow account for the purchase of the Land within 20 days of Developer's request; provided, however, the City has approved the purchase of the Land as complying with the criteria of the RMP Phase 2. Notwithstanding the foregoing, Developer understands and agrees that if the City so determines or is required by court order or by some other state, federal or local agency to use the Cash Deposit to purchase real property or to deliver said funds to the Preserve Owner Manager to satisfy the Final Map's land conveyance obligation, the City shall not be required to place the Cash Deposit into the escrow account. If this should occur, the Developer shall no longer be required to use its best efforts to purchase the Land. c. Payment of Any Difference. If the Developer does not buy the Land within 18 months after the date of this Agreement and/or Cash Deposit is used by the City or the Preserve Owner 5 ;2/C-.3 ( -- -----~._._....__._---_._-----"--- Manager to purchase or condemn real property to meet the Developer's land conveyance obligation for the Final Map, the Developer agrees to pay the difference between the costs incurred by the City or the Preserve Owner Manager, including administrative costs, escrow and attorney fees, and the Cash Deposit that has been provided by the Developer. d. Fee Title. If Developer purchases the Land, Developer agrees to deliver, no later than 18 months after the date of this Agreement, fee title to the Land to the City and County of San Diego as joint tenants approved by the Preserve Owner manager, and free and clear of liens or encumbrances, except for easements for existing public infrastructure and easements for planned public infrastructure as permitted in the RMP Phase 2. e. Maintenance. The developer further agrees that any Land to be conveyed by the Developer for the Otay Ranch Preserve shall be maintained by the Developer until such time as the city, County and Preserve Owner Manager accepts the Land. 7. Condition Nos. 22c and 100b - (Pedestrian Bridges). In satisfaction of Condition Nos. 22c and 100b of the Resolution, Developer acknowledges and agrees that by the provisions of this paragraph, City is not waiving developer's obligation as set forth in the "A" Map Agreement and that city retains the right to require Developer to provide cash or security to guarantee the pedestrian bridges as more particularly set forth in the "A" Map Agreement. Developer further acknowledges and agrees that the "pedestrian bridge" concept is an integral element of the Otay Ranch's village Design Plan. Developer has requested that a Development Impact Fee ("DIF" ) be established to finance the construction of the pedestrian bridges. In partial satisfaction of Condition Nos. 22c and 100b of the Resolution, developer hereby agrees that concurrent with execution of this Agreement, the Developer shall provide the City with cash equal to $82,800.00, which is the amount equal to the estimated DIF amount of $600.00 per dwelling unit contained within the Final Map, and as set forth in Exhibit "C". For purposes of this paragraph, "dwelling unit" refers to a numbered lot on the Final Map. This represents the Final Map's fair share of the cost of construction of the pedestrian bridges connecting Villages One to Two, Villages One to Five, and Villages Five to Six. If a DIF mechanism is adopted by the city Council which is less than $600.00 per dwelling unit, once the statutory period for challenging the DIF has expired without a challenge to the DIF, the City agrees to refund the Developer the difference between the cash paid by the Developer as provided herein and the actual DIF requirement for the Final Map. If the amount of the DIF is more than $600.00 per dwelling unit, Developer agrees to pay the difference between the higher DIF adopted by the City and the amount paid herein. Developer may pay said difference prorated with each building permit remaining to be issued for the Final Map 6 cl/é--J;2., _-.-_-----"- . __ ___~_~."_____.m_.__··_ or should no further building permits be required for the Final Map, payment shall be in total within five days of City's request for payment. Developer further understands and agrees that the City may use the funds so collected to refund any developer who constructs the pedestrian bridges. Developer acknowledges that if no DIF mechanism is established for any reason, the city has the right to retain the cash deposit to use for the construction of said pedestrian bridges and that Developer shall pay the City any difference between the Final Map's fair share of the actual total costs incurred to construct the pedestrian bridges and the amount paid herein. Developer further understands and agrees that the City may use the funds so collected to refund any developer who constructs the pedestrian bridges. Developer understands and agrees that subsequent final maps within the Property may require further compliance with Condition Nos. 22c and 100b including paying a like amount in accordance with the provisions of this paragraph or bonding for said pedestrian bridges. 8. Condition No. 39 - (Grading Notice). Developer acknowledges and agrees that proposed future grading and construction operations on lots 12, 13, 36, 37, 60 and 61 of the Final Map for Unit 2 and lots 12, 31, 54 and 55 of the Final Map for unit 3 ("Adjacent Lots") may cause negative impacts (i.e.., dust, noise, vibration, differential settlement, etc) on lots 11, 14, 35, 38, 59 and 62 of the Final Map for Unit 2 and lots 11, 32, 53 and 56 of the Final Map for unit 3 ("Affected Lots"). In partial satisfaction of Condition No. 39 of the Resolution, Developer agrees to notify all prospective buyers of the Affected Lots during escrow, by means of a document to be approved by the city Engineer, of the potential impact to the Affected Lots due to future grading or other construction related activities on the Adjacent Lots. Developer further acknowledges and agrees that city, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property on the Affected Lots occasioned by reason of the acts or omissions of Developer, its agents or employees, or indemnitee, related to the grading and related construction on the Adjacent Lots. Developer 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 Developer, its agents or employees, or indemnitee, related to any impact on the Affected Lots due to the grading and related construction on the Adj acent Lots. Such indemnification and agreement to hold harmless shall extend to damages to the Affected Lots or the taking of property from owners of such Affected Lots as a result of the grading and related construction on the Adjacent Lots as provided herein. The approval of plans or any other grant 7 dlc- --.3;3 --~_.~.._- -----.------ of approval for the Adjacent Lots and related improvements shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction on the Adj acent Lots 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 grading and related construction on the Adjacent Lots. 9. Condition No. 73 - (Community Parks) . In satisfaction of Condition No. 73 of the Resolution, the Developer agrees to pay PAD fees for a community park based upon a formula of 1 acre per 1,000 residents, in accordance with the formula established by the Park Acquisition Development Ordinance, Municipal Code section 17.10 et seq. ("PADO") or enter into an agreement to satisfy their parks obligations. a. Payment within 60 Days. Notwithstanding the foregoing, with respect to the Final Map, Developer agrees to pay, in cash, the PAD fees for the community park based upon a formula established by the PADO of 1 acre per 1,000 residents ("PAD Fees"), no later than 60 days after the Final Map has been approved by the City Council. Developer has provided the City concurrent with execution of this agreement, an improvement security or a letter of credit, from a sufficient surety approved by the City and in a form approved by the City Attorney, to guarantee Developer's payment of the PAD Fees within 60 days. Developer acknowledges and agrees that if the PAD Fees are not paid within the time agreed herein, the sums provided by the improvement security or the letter of credit may be used by the City to fulfill Developer's PAD Fee obligation. b. Interest Payment. In accordance with Municipal Code section 17.10.100, Developer further agrees to provide the City with an interest payment, on the PAD Fees, equal to the following; commencing from the date of Final Map approval for the Project, at the City's average earning rates, computed and compounded quarterly, experienced by the City on its average investments, as determined by the City ("Base Interest Rate") for the first 60 days after said map approval, and thereafter at the Base Interest Rate plus two percentage points until paid, together with any attorney fees and costs incurred in enforcing this provision. c. withhold Building Permits. Notwithstanding any other provision of law, City may withhold final or interim inspection of units for which building permits may have been issued and may withhold issuance of additional building permits, certificates of occupancy, if applicable or any other processing of entitlement within the Final Map, until the required fees are received by the City, including the interest payment. S cl/C- .3:/ d. Park Construction Agreement. Notwithstanding the foregoing, should City and Developer enter into a Park Construction Agreement or similar agreement regarding Developer's park obligations, which is adopted by city Council on or before 60 days after the Final Map has been approved by the City Council, Developer will be relieved of its obligation to pay PAD fees as described above and shall comply instead with such Park Construction Agreement. 10. Satisfaction of Conditions. city agrees that the execution of this Agreement constitutes partial satisfaction or satisfaction of Developer's obligation of Conditions: 1, 3, 4, 6, 7, 22(c), 39, 73, and lOOb of the Resolution. 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. 11. 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. 12. Previous Agreement. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the "A" Map Agreement and the First "B" Map Agreement. This Agreement affirms and reflects the terms, conditions and provisions of the "A" Map Agreement and the First "B" Map Agreement and of the Tentative Map 97-02 conditions applicable specifically to the Final Map for the Property. 13. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Map. 14. 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. 15. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and 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, 9 ;1JC~:JÇ 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 Developer: McMillin Otay Ranch LLC 2727 Hoover Avenue National City, CA 91950 (619) 336-3672 Attn: Robert A. Pletcher A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitalsl Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. f. At torneys' 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. 10 cl/¿ - 3¿. (NEXT PAGE IS SIGNATURE PAGE) IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA McMILLIN OTAX RANCH LLC .. Il<.l__ \ì..,t"'¡ \Ið\>i\i~ ~~ By' t-\,M~L.V\...I Co..~ft<.ll.e ~ . ,) j)e.\.".,...... I.....-toð. l¡,,"h~ ""'1~ Mayor rt~:~ [Name] Attest: Vl.ú~~ [Title] Beverly Authelet, City Clerk Approved as to Form: ¡ftZ£~ nil (~~ f Ce- fk-:;d.e 11 t Johrî M'l. heny, City Attor y [Title] (Attach Notary Acknowledgment) H:\Home\Attorney\SSIA\McMill.2&3 11 c2/L> Y l -.------ ------ -"--_.--". LIST OF EXHIBITS Exhibit "A" Legal Description - Unit 2 and Unit 3 Exhibit "B" Preserve Conveyance - In Lieu Fee Exhibit "C" pedestrian Bridge DIF 12 eJ-JC- JY EXHIBIT A Lot 2 of Chula vista Tract 97-02, McMillin otay Ranch SPA I, Phase I, in the 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. Lot 3 of Chula Vista Tract 97-02, McMillin Otay Ranch SPA I, Phase I, in the 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. 13 ell &:--.3 7 · EXHIBIT "8" PRESERVE CONVEYANCE IN-LIEU FEE CHULA VISTA TRACT 97-02, McMILLIN OT A Y RANCH SPA I, PHASE I, UNITS 2 & 3 2 17.451 $ 53,330.26 3 22.146 $ 67,681.23 TOTAL 39.597 $121,011.49 14 02/C-2(¿; EXHIBIT "c" PEDESTRIAN BRIDGE DIF CHULA VISTA TRACT 97-02, McMILLIN aT A Y RANCH SPA I, PHASE I, UNITS 2 & 3 2 72 $43,200 3 66 $39,600 TOTAL 138 $82,800 15 dlc-II - - --- --- -~-*_.-_._._--------~_.- \ . ~~inute~ ;¿ / ATTACHMENT I June :~, 199í ;)age 3 ,. ORAL COM~fU1\ICATlO!\'~_ · Emerald Randolf, 276 Fourth Avenu~. Chuh. Vista. Dirt'-ctor of thè C.A.S.T. progr.<JlTl. announ::v.d thaI un June 25. they wiJJ he having a CAST Chula Vista Day at the new \\fhlk Canyon V, HI~r Puk. She. stH~",J tha' special coupons worth 55.00 Wf:r~ a\'ailahl~. It WH~ tht:ir mHjor fund raist:r for tht: yellr: they will get a per~ :~ntag, of what the Water Park will get far the day_ · Mary QuanJ3Do. 4080 Han::ock Str~t:t. No 43 J J. San Diego, Y2 J J (J. representing tht: Revolting Grandmas. requested that the Cí!)' Council pass a re¡:;olution in support of deploYlnp the California National Guard troor~ alon~ the barder regions of San Diego County and send it to Govemor Vo/iJson. · Muriel Watson, 3120 Anderson Street. Bonita. 91902. Founder oj Li~ht Up the Border. staled th',[ there are. a numher of families of Border Patrol Agents who aTt~ now undt:T gn:~at jeopardy as <t T:':SUIt of inte.;:!genCt" passed forv.'ard that Border Patrol Agents ::ire now prime:: targds for thè uru~ ~mug~lers. Sht:- ur~~d Council \< ¡ comt' up with a resolution that will malch those hy other citìès. PUBLIC HEARI~GS A1\'D RELATED RESOLUTIO'\S AND ORDIJ"A'iCES Q.A. PUBLIC HEARING POI 97-20: CO'\SIDERATIO!\' OF A1\' A~IEND,\IE'\T TO THE ';TA) RA!\CH SPA O!\t: PLAN 0'\ PROPERTY GE!\'ERALLY LOCATED 0'\ 1.110 '\CRES SOln.¡ OF TELEGRAPH CA'\YON ROAD BETWEEN ·PASEO RANCHERO A!\'D TI-!E FUTURE .';I{·12~ ,.. ALIG!\'MENT - McMillin has suhmitted an amendment and tentative m"r tor the rortion oj SPA One ow",,-d by WCLF to :;;ubdividt: 290 acres cTt::atin,g 1.877 Tesidtmtialllnits in V¡J1i1~es One and Fi".-., Th, SPA A;ne.rHJmenl proposes d~leting P~estrian Park P-5 and Santa Delphina AVt:nue a~ iI promt:nuale sIred In !\el~hh{)rho(), R.ll of Village One, Staff recommends approval of the resolutions. (Director or Plannln~ RESOLlrrJON ]8685 ADOJYnNG THE THIRD ADDENDUM TO THE FINAL SECOND- fIER ENVìRONMEI\'TAL IMPACT REPORT (FEm 95-01) FOR THE OTA Y RANCH SECTION PLA!\:>.'ING AREA (SPA) Ol\t: PLAN AND APPROVING AN A~fE!\'D~1ENT !'CM 97-20 TO THE OTAY RANCH SECTIONAL PLA!\"NING AREA (SPA) ONE PLA!\', IMPOSING CONDITIONS ON WHICH INCLUDES THE OVERALL DESIGN PLAI\. \'ILLAGE DESIGN PLAN. PUBLIC FACILITIES FI!\'ANCING nLAI\ AND SUPPORTING DOCl1ME!\'TS. PARKS. RECREATION. OPEN SPACE A'\D TRAfLS "LA!\'. REGIONAL FACILITIES REPORT. PHASE 2 RESOURCE MANAGEMENT PLAI\ A!\'D SUPPOh !lNG PLANS. NON-RE!\t:WABLE E"iERGY CONSERVATION PLAN. RANCH· WIDE AFFORD',BLE HOUSING PLA1'i, SPA ONE AFFORDABLE HOUSING PLAN AND THE GEOTECm; I CAL RECOi\'NAISSANCE REPORT B. PUBLIC HEARING PCS 97-02: CONSIDERATION OF A TE!I.'T A TI\t: SUBDIVISION MA I' FOR 290 ACRES OF THE OTAY RANCH SPA ONE. TRACT 97-02. GENERALLY LOCATED on THE SOUI'HERN E\ïENSION OF OTA Y LAh"'ES ROAD SOUTH OF TELEGRAPH CANYON ROAD RESOLUTION 186SG ADOPTING THE THIRD ADDE!\'DUM TO THE ! L"AL ENVIRONMEl\ïAL IMPACT REPORT FEm 95·01 (SCH #95021012) AND APPROVI!\'G A TE!\'TA T"'E SUBDIVISION MAP FOR PORTIONS OF THE OT A Y RANCH SPA O!\'E. TRACT 97-02. AND MA f-;ING NECESSARY FINDINGS I fA Council member Moot stated he ne.oded to ~xcu'e bin"elfòecause this Invol\'ed McMillin. and they Were ch,nts at his comp8.l1Y. Rick Rosaler, Senior Plann~r. presenlèd th~ stHff report t!nU stiUer.! Ihat tht' ¡1rrlication h~' McMillin h;l~ heen reviewed by staff ami the Planmn~ COllUlli¡,;slon iUIlJ 1:, 1¡;-,...\I(IIj¡t:f1Ò~d 1111 '1rl"I\,\·~I. The ¡ppÎl..:aLHJ!1 na!-. hc.ç" JOlInlJ conSistent with the SP,A.. Plan \::;\,i.:t:r¡ Wi lhc {Wu i11l1~IHJm.:!\::-- whL.:h .\1.: f1n1p\1~~(!. Tilt:' (t:nt"1\)\:;:, m;ip rmpo,',- S~7 I ( . Minute.s Juno 3. 1997 Page 4 ~ single family residential lots, 1350 multi hUllily linn.... In th~ Village S core wIth a 10 H¡,;;rc: dt:.mt:mt¡try SC:'JdOI, L' acres for parks. 3.3 acres of comm::rcial ¡Sind USèS, and 8 :.tcr~s fOT Community PLlrpos~ F/:icilíties. Councilmember Rindone stated that if SDG&E was proposing to put thoir utility box under the sidewall: and II would necessitate an easement behind that for access, why would it not be proposed to be at the other end of the sidewalk so that the easement would be the parkway. Cliff Swanson, City Engineer, stated thai the exi~ling condition, the. way tht: lItilitiè~ ,m.:: put in tht: trench~·.<; right now, you wilJ s~e on the outer ed.Çt unllt:r the monnlilh¡c sHle\'-'alk. is Ih::, llll!!!Y trench. ThHt I~ \Vhert~, the t:~:,::trical and cable TV go. Then they have th~ transt'ormt:r pec.h:st¡ds hehiml the sldt:.\l.'alk hut still within the street r'~ht-of+ way. In Donnal situations, they also have II street tre~ eascmc.'mt th~rt::. ·On this pHrticular project, the utilitIes wi] still be in tbe trench under the sidewalk. SDG&E is concerned ahout putting the tr.ó:tn~former hox wJl!l.in tht:' parkway because of the proximity to th~ traffic and the: damage that would he done: if 11 CMT were to hit it. That is why SDG&E wants; a specific e<1!o;èm::nl hehiml it, Th~ frítn"fonn~r~ would hr:: put in pl<1{;e with W<1lls around it. so that the propert)' owners would T~COgnlZt': It. anu IIl;Ollld shart: thai :.;ommon tre:nch wIth Iht': other utiJ!:i~s an~1 the easement for tht street tTee~, This being the time and pJace a~ adve:rl1.!ied. the: puhlic hèiiT'lng WHS Op~nè(.L Addre::-ising CounciJ we:re: . Pat Barnes. representing SDG&E. slated that in some: sirualinns the)' have undergrounded in the bacK. For access. they prefer it to be out in th~ franchi!'cd posItIOn In Iht': City nghH)~\\'~iY. That Wii)' the)' do nol h.we tp go through peoples' yards to ser\'lce the ulilili~s. In thi... rartlculHf siuc:wall\ .:ontiguratton, Iho:: prohle.m th"",c \ ·)G&T: ~ is having with it is that it is pushing thc:m out of Ih~Ù fnm.:hH'~ positIOn onW rnvn1t" propt:.rty rc:qUlring th~r~; to .£'l"; an easement from the property Q\A/ners. which in ~{lme case~. wh~n it comt':!' 10 st:.rvií.·in,g and Imtinlainn'~' then package. which is under the sidewalk. they go into the ,ground (they un nol tGtlr up the sjd~walk) he-hind I: and g(' underneath. That is when they would he di£gin~ inlo H pri\'~Uepmpc:rty m,..ner·s yard. City Counci1 consider~ the following issues: . Pedestrian Park P-5: should It ho deletod from ~ol~hhorhond R-II In the SPA Ono Plan) Mr. Rosaler ¡:;tated that the issue., in\'ol\'~d in the projel.:1 foclIS on the dimination of Pc:.destrltln Park P·5. Loncem:- by McMillin are that thoy felt In Nelghhorhood R-II that thel';t SIZe' weco suftieiont to provide tor the pnvak recreational needs of the neighhorhood. In HdclitlOn, the:re Were:: nr;lghhorhoocl J'mrks m P~l and P~2 In thl'" neighborbood to satisfy the Park Plan requi«monts of the SPA. Park P·5 is a .8 acre park. McMillin's proposal was to eliminate the park but maìntain the peuestrian conn~clion through to [he regio'lftl trail access. In \'illag( Development's¡ proposal, they incluù~d th~ !'õlnall reuc::c:;lrian parh It, mt't:'! tht:' pri\'ate re:.'re,atíonal need·· (If tht" neighborhood. If the Council itgr!;:d!oo with tht: apP!lc¡tnl. tht.'11 Cmlll-.:1I ~nou¡tI aòopt Ihe rlmenument. It l DUnC!. wants to see the Pedestrian Park in tho neighhorhood. Ihen Council should uony tho amondmont and diro.c: that" Pedestrian Park be included in the tentativo map. CounciJrnernner Saia!' asked tht: following questions: (I) \\'hat \"'a~ tht.' rdatíonship hctwdcn Park P-5 and P-6.3 (2) If We:!; wantt:d 10 retain Park P~5. w(luld il ht.' n puh!!!.: ptlrk tlflU umulù It h~ mítIlHHInt:'U hy íI homL'owncr.' association or would It be maintalncd hy an 0r>en !<óJ1ace ul!o.:tnct. (3) \\ dfe there any physlc.il harne:rs or rc:s\nctlOn'" between Village Development and \\,'~st Coast Utnd Funu propertIes which wOlllcl impt:dè the: tlhility of pèople hem~ able to utilize the parks. (4) What percentagd of cre:dit woulu YOll he assigning ,^Ièst Coast Litnd FlIncl or whomever the next property owner would bo if wo vot«l to rotam Park P-5. ,.... Mr. Rosaler respondéd that P-6.3 was 10 Villago 5. Neighhorhood R-II is in Village I. McMillin is going to put in their portion of P·6.3 and the Pa~èO which comes clown 1(1 Ih~ "ìlli1gt:' t.:oré. In VillHl!e 5. th~n:~ IS a 10 a~·]~ par~ (P-6I: thero is a 1.7 acre park (P·8) which" tho Town 5'1\1aI0 Par,_ hnu thero "a 5 aCI< park (P.7). T:'-~."e ar( the public parks. Park P~5 would he it puhlic r,irk Ini.t! w(lulJ hr; l11íllnlaln~ù hy rtn OpGn Spa{;~ Ma¡n::.:.nanCt District. Since. there: are privalc: ~(r~l" 111 Villa,gc: D~\'c!(lrl11t::nl's portHIJ 01 th,,·prOIGct amJ thert: HTG puhllc :..trGet... in Neighhorhood R~ j I. rhc:rii: i~ 110 SU~èl ¡.¡..:¡,;ess gOITlk' IhrnH~IL Hm,\'t'\~I. Ihcrt 1\ an C::1l1e:r;!e:n\':~ a-';Cè!\S thèi! IS alscl '.." :v ~ " , :I 'Ainute.' June:, 199~ ?age 5 ~ required to he a ptJ=strian access hdw~~n R·I0 anu R-l I. \~.tilh lhe' Ped~slrj;Ul Park<... Iht:rt" would )1~ ~orn~ restriction since they arè pri"Hh: pHrks and would he owned and m<1inl¡¡ln~d hy flw resHlenl... oj Ih(~t' rH::lghhll ¡)o(Jd~ As far as park credits. we do nof know at this tlll1~ h~causc the: small piirk critefm has.!', neen ucvdoped. if the) came in with a proposal similar to Villagè D~velorl11ènt's, st.df would prohahly he recommending 50% hecause it has all of the facilitio, which aro r.quirod hy Ihe SPA J Park, Plan. Th. lbvolopmont ollh.! ent.,," is on I". worl agenda for the Parh and Recreation Dcptlrtmenl in th= corning Year. · Hollvwood Drivewav", should the r"'Juired numher of Hollywood driveway, ho rodueed') Mr. Resaler stated that a Hollywood Driveway in the SPA Plan i~ Í't pian that rc::quircs an "L" shap~d hOJ11~ witr. Ihe garage pushed to the back of the unit. 1n some cast:5, th:;:rc: is ~ ¡an¡jscap~d strip in the: middk of the ùrive Or it can be other decorative material. McMillin \\.'a~ concèrn~d ahoul the nlarkehlhility of th~st: type!' of U:1'tS anu proposed alternative language to what ,s in the ..i,lIng SPA. StMff is coneomod and h., .ùdro"ed the l11.rkc:ahilit\ is,!;ue by indicating that th~ Planning Dirt:Ctor. if th~y can pnwiuc= ê\'iu:::nce tlHi! rhn~::: !Yrt::~ of unils ¡Jr~ no! marketable, has the ahility to WitIV!: the: rc:quíreme:nt and replace it with anothc:r uC:S!gll ¡h;.tt 1:-. conSlstt:mt \-,!lh tht: village design plan. " · Park~avs: should residential strèc:t!-i with parkwÓ"l)'s he useù in the Ó"Ipplici\Ol's rc:s(je:nlial neighhorhoods? Mr. Rosaler stated that a R~sidcntuil StTe~t S~t¡()n .A. is it strC:èt wilh rmrkway!'i. McMillIn ha:- IOdi(,,:ated !" staft thai th~ Residential Street Seetlnn A is fic¡;ertahle tn Iht::1ll as Inn!! ;{~ In::- lIìdi\'iùu.t! hf1J1)e.nwnr:r m~lIn!;I!m tht parkwéI:'. and tht:::r~ ,IS not a maS!t:r hOlllt:own~r1:i association, -- · Parkwl:lv Streets: should a mast~r hOO1t:mwnt:rs 8s~ncl.i:l.ti()n ht: r::quiro:d to Imtlntam tht: Optm space and landscaping? Mr. Rosaler stared that the En£in~ering D~rar(ment h~Ii~"cd that HII th~ parkways. 111¡~lm sloJ1.:...., and tht: auc1tlona! landscaping that is in the SPA Plan shou1ù he. maintti1neù ¡"y the hom~nwn~r..... Tn~ l.~oncJil;nn<.; or ilrrf'()\'al ha\'ç h~r, prepared to provide flexihilìl)' to allo,," Council 10 pro\',d. Slaff dir."""I1. \\.'hal~vèr cJiT~Cl10n L<.; provi£JecJ w:.;-:n thr: Open Space Maintenance Distri~1 is formt:d. staff will ên:-;UTe: Ih¿H tho'\t." facilitlt:s ¡Ht: ¡nclucJtd tith,'· In .. Hom~wners ASSOciation or in the 0r,m Spacè f\1ainknHI1Cè Distrid. COllncilmèmher Rinclone asked why would Council WanllO inch"Jt: the pêÙt:~tn.tn r¡uh\'tI)' în with the Home:nwnen. AssociatIOn or the Community Facilillt:!' DistricL \\-/hy not leavt: il tn nt." the' r~spol1sihillt)' of tht' hOlnèo"':1er. Mr. Rm:aler "tated thaI would ho HcceptMhle 10 'l.tI. The Planninb! COI1ì111Jssion wa:-. con-.:.::me(] Hhout cnmmon maintenanct: of it; that them!: be unifornì m;¡intcmiincc oj' the 'lurk WHY'" throughCHII tht: 11t:I,;.'nourhood. If Ih, : = ,,"a.' common maint~nanct:: that would Insure a hctt~r qUHlity of reueslrian environment. Mayor Horton expressed that Jõihe had tI concern with thi!' ¡lnll that the PlannJn!! CommissIOn's r!:col11l1lendatlOn wa.!' most prudent. Not ~IJ homèOwne:rs Irè<it their hiwns equal. The. purpose of h"I\'ing thest' prol11el1fiue:s is 10 ~realt' a mCer amhience for thè community, The only wity We: will hit"e itn H.-:suran\.:e: in Li(1in~ that i~ to ¡nclude I: In the common maintenance. This hemg the time and place as adverlisèù. the puhlic he¡.¡ring was Opt: eu, .A.ùùrcssing Council Were: . Craig Fukuyama. 2727 Hover Avenue, ~a[¡onal City. Tt!pn::scnting Mt:Millin Companies, Ho 'tMkù that there was an artic:le in the paper whieh questionèÙ their inlent and commitment to the Plan, He wanted to nresent ". fOT the record a list of the doc\Jmcnts that gOVt:rn the cJe:si,gn of the PrO)t:l:( and that thc:)' Were in compliance Pi each and everyone. They do have four lssu~s which arc VdQ' minoT in nBturt:, and th~ inh:~~rity of th=. Plan i~ qiJ in plact:: tnt'.} Jlt· -":(JI1~I~ltnl with ti~ Ge:llcral Plan. lOt GDP. and lilt' "\t:la!i Desl~1I Plall H:: l.<.'a.I(~ 1(; ".",,';lITc Council thétt thrt)l Wt:tc:: commlHc::tJ to (hc:"'~ PIH"N, Ht' lIUOrC!!\!'o;:::U thr: tnul' IKo;~Jr:S; :3 ~·"'L ... ,- - Mmut~s June 3. 1997 Page 6 ~ Pedestrian Park P-5: Ht:' stHI~d thfit th~)' suprorted staffs n::t.::ollllllemJillion ItS wel] as Ihijl of tnt' Parks and R~reatlon CommissIOn \o.-'¡1I-.:h is reC()1111l1~11(..JJn~ th~ dimln;ltllll1 of this P;l1t. Tht: lolal nlll11h~r ,~funjt." wilJ not incre.ase with the ~hmination of the pnrk. On~ of th~ r~H.,"'on:-: for the dJlmmttíon of th~ F-;k W2<., realJy driven oy the maintenance is~ue:. St¡.¡(f IS r~comml:ncJrng thaI th~r~ he an Opt:.n SrÍ'iC~ Mainte.nanCl: District formed for the majnt~mmce of th~ park. Utilizing an OSMD for the: m~1.Inten:~nct: c~~ates ;1 dilemma which staff ha., not fully addresseù. If only this ndghhorhood were 10 he assèssed 'or th'-.: maintenance for this park. there would or: a fr;eJmg of exclusivity an£.! the uesire to preclude anyone else from accessing that park if the.y had the métinlcmance r~s')onsihiliti~!-.. If an OSMD wore usO(] tha: woulù he collected from the ~ntirt': development. tl1t'-re would he .. dis¡jgrt:emenl ;'IS to thl;', a~cess. the Hh~1íty to walk to. and woulcJ cr~tt ct rrohh::m in the coll~~t!On of tht'. k~ 'm the: entire r"{1.1t:.~t. It Cft<ilt!-; an ~~1e.quif\ that may cr~te a prohlem In [hI: fUlllr~. The)' hdlt'\'t:d thn! It the rark was Uderl1lrn~cJ to he an t:·,,,ential part of the Plan anù is to ho acce<sink 10 all 'oSldonls. II snoLllù ho a punlic park. It should he O\"'fled b) the public and funded by tho puhlic. Hollywood Driveways: The Hollywood urivew;-¡y conC:cpt would arrl)' only to the one neighborhood. R- 11. The Hollywood drive.way~ have not he-en recently used in tht:. markrt.tpl.aL~e. Hnu they were rt'~t,lctanl to accept an ahsolute requlTI:::ment for 30". TheIr prefert:l1<.:-e wa.' to let the m,lrkd L]¡ct<-tte 1;1~' fin:!: p~rcentages. Rather than a pre¡:;criptivl::: mrnimum of 3D?}. they would mitially ,:onstruct 0111::: mmk. horn, which would ~ one of four. which woulJ he 25 o/c USIn~ Ih~ 30 toot "dh(l(,;k anu the HoltywQm cJ::\/ewa) concept and then d~termine thè metrketrlet(;~ preh:rl:'.I1l'~s. If th~ hOlls~ WetS already huilt, then ther~ would not he a removal of that house. so they would not he tlh!.: Iu ¡Ihamlon thaI typ.: of prouuct: it would stili hI:. there, hut would he ploUed Ht i:I iesse:r pe:n..:c:nln~¡;,. Th~y wOlllJ pre:fer 10 au¡-¡pt I.]uickly by markdplact -- åemand~ as opposed to heing hun.h:nc:d with ,I -':lI11lht:rso11lt: é/nù Jc:n~th) pro¡,;ess 01 (';ol11in~ h¡.¡c.: to ¡hI: Cit) to adjust to the market 'Ire.tÌ::re:ncè!o.. Parkway Str""ts: It was their intent to rc:spt:~! the: wlshe¡.; of slaff .mcJ construc! the. pmkway it!' ~ype A Streets throughout the project. However, it was their pref't:rt:nce: not 10 h¡.¡ve: a Homeowners Asso..:iation or an Open Space Maintenance District funcJin,g the: maintt:n¡.¡m.:e of thosl:: p<trkw<ty". It would h:.:; thei, preference to utilize CC&Rs which the Clly h;-¡s the ahility hUI no! the: ohligation 10 enforce that would provide instructions for c::\'ery homc:owner £1:-': 10 tilt:: malOtenanl:~ ohllgatinns IInd responsihilities. Ma!;t~r Hnmeou:nt::rs AtoSPCliHI(¡n: They prt't'errcd fo form Ihe: l'onllnuc:J tI~t' of the: OSMD. Their t:xperit:nce Inùtcatef' thai some: hnl1lè oU)'e1's prer::r not 10 havl (In HOA. They have: nn pnvute 1;¡~llítte~ which neces~itate th~ fonTItltion of an HOA. Mayor Horton asked if the mmld that McMillin would he:'. hlldcJjn~ with Ihl:: Hollywood driveways W(i~ mort'. expensive than the 'Others being propo!oièd. Mr, Fuk."1Jyama Tespond~ that they did not know yd. It was tno nt'.W 10 know. Thc:y hlivt: constructed é' comparahle type product in ont: of their otht:r pro,ic:cts. They hdlt:\'t: II wtll he: al,;¡';èr((lhl~ and prdèrahk The, don't want to he tied to that in thifo; market place nol knowln~ what Iht." market prdc;:rel1l'-e:s \-1.'ill he:. Councilmemher Rindone ask~ for é\. clantication of the comment that he was willing to huild Type: A Stre.et~ throughout. But Type A Strc:ets lirt' only In two of tht nC:l~hhorhootls. W<-ts that what he mc:¡mt? Mr, Fukuyama responded that tht'.)' ha\'e rt"-Consiûèreo th!:"lJ' position. ilml tht')' art' l,;omnÙttmg 10 doing ¡III Type A Streets. Mayor Horton closed the public hearing. ,-. Mayor Horton stated that we ha\'~ several plannèu commllntlie~ In the. East~rn r<irts of Chll!t.¡ Vtstli. It ,\ ", he' llnCier¡umdln~ that lTlc OtwelOp~r::. HI IIIu1'oc (';d1'oC.!i n.;.t.. jUt:U.' IIHL..;tl IMU dlt. '¡PIHIJ'lllIlJl> 11.1 :-clei,;¡ Wnw!) ~, [n~~ wouJd rath~r go -- an ItSSèSSmen! cJlsln:1 or HOA. ~ ;¡ ..c._. '...-- . . ' " ,\~ Inute~ . June'. 199; :'age 7 " Mr. Resaler stated that in the past, ~,1cMillin 10 Ran~ho U~] Rr-y hit." proP¡''''cc; OSMD; EH...tLlIkc hit., rrorost'(1 :-IOA Vi1lage Development's portion of VdJ¿tgt: On~ unù Fl'v~ was rrol1osr=t.i to he m¡ilnrHìl1~c.J hy OSMD, hut wh~;!I they went to the guarded entrance!;. the:n ~vt:rything ht:C:H11è rri\'til~ so tht~Y hi1ù 10 hHVt.' th~ HOA. So. Ihert~ h:!.o., heen a mix. AssisWlI City Attorney, Anne Moore, staled Ihal whallhey negotiated wllh Sunhow is that they have the option of deciding whether or nOlthey want 10 form a CFD or an HOA, The developer has indicated that Ihey want 10 form a CFD. They are pmposing the same thin£ with Salt Crr.t'k which i~ :,jvln~ them iln opllOn of doing a CFr~ Dr an HOA, It was her understanding that Sail Cr""k preforred an HOA, The way !h~y hélvc:' .o;;;tru::fured the agft;'.~ment with Sunbow and Salt Creek is that thè)' have the option of uècidin,g C1nt: or the other. If the)' decide they \,·,tnt to do a CFD that would be su~ject 10 Council's approval. If Council docldes that they do,,', Want to do . CF' 0 then they would have to form an HOA, Since thaI is a futuro ¡eglSlaltve actIOn, slaff cannot guarani"" that a CFD would be approved by the Council. Mayor Horlon stated that it would h~ h~r rèCOI1ln1t.mcJallOn in thi!' ~ir\ŒtlOn Ih...1 M~Millin ."ÖhoucJ hHV~ the o"tion of going forward with their preference:. She hau a conce:rn HhulIt the:: mitinte::nanç~ of thl::: parkways. It is t:!JSY to say that aH the hom~owners will mak~ 1'ure: this I" H wdl m.tinuilnc:u arCM through the CC&Rs, hut that is cumbersome. Personally, she agr~d with th~ Phmning Commission 10 have: Ihls InClUded in it Iypt:: of as.se.s.~inent district. She also fell Ihe concern, at SDG&E should he addressed, Councilmember Rindone stated he had m~ior conCèms ílhout the diminrttion of Pedestrian Pílrk P-5. He woujd like to see this retained b~ause the concc=pt thHt Council ha~ IHhor~ oVt::r ','MS to maintain the: Villagt: concer! with access to public parks, He wat- supportive: of twc=rytlllng t:xt.'c:pt the:: c:llIllln¡.clton of th~. park. ~ Council member Salas staled that this has been a poinl of disagr""menl helween 'taft anJ the developer of V'lIag. One, but she felt that when Village One was prC'lposing thc::se; smaH r~sicJentiílJ parks, it was h~aus~ thc::ir Idea of what would be nee-traditional and slaff feil that il would take away from that. She fell thai this does retain the sense of community more than the elimmation of the=: park would do. Sh~ wa.s willin!! In giVè the:: itpplicanl their rcquest and not put an imposition on them on makin£ a 30Sf rCLuirc::mc:nt on th~ Hollywood driveways in rc::tum for the retention of Park P-5, Motion on Hollvwood Drivewav<; MSC Œorton/Padill'l) to adopl for firsl r",ldin~ an arnendrnenl to the PC Dislrict Re~uJ¡,tions in rogurds to Hollywood Dei"eways in the lun~ua~e sel forth in the stul'f's report 111111 mirror. McMillin'. proposal. Mallon approved 4-0-0-¡ (Mool abstaining), Motion on Parkway :\fnintenance: I\fSC (padillalHorton) to prm'îde directinn un Ch~ i..."Öut> of mainh.'nal1l'f for parkways thrnUJ!h tl CommunitJ Facilit), District con.f\istent with the r~ommendatilln tlf' the Phll1l1ill:! Curnmis."Öiun. M"''''n approved 4-0-0·1 (Moot abstaining), J\1otinn on Pede,ç;trian Pòlrk P·S: MSC (PadillalHortonJ to retain Pede.strian Park P·5 and leave the rnaintenam'e up 10 Ihe de"cloper 10 ò"cide how they wanted to maintain the pllrk either \\'ilh all HOA IIr a CFD, Motion aprro\.'~ 4·0~O-1 (Moot abstaining), .. RESOLUTIONS 18685, 18686, AND ORDINANCE 2709 OFFERED BY MA YOR HORTON AS AMENDED, titles read. texts waived, Council member Rindone stated he hi:ld concc:ms with thè Zt:ro lot hnc ")rmJucL Hè thought that this w;!~; not finalized ~d would ha\'e 1:1 cha.n\,.:i;: tor Hflolhc:r 1'1::\'11::"'-'. S¡nI.:C: thIs Wit~ a nCv. rrod~,ct. he: wéinlc:cJ to ¡,~ iissur~ that 5 · . - Minutes .'r' June 3, 1997 , v Page 8 1 the Increased density would not (J¡ssipale the hc:nefils of th~ community: he would lik~, In rcqu~st that (hi" CO::iC hack to Counei] for review at a later time:. He asked if the mttker of th~ motIon wou¡J mclude: Ihis as a :nendl) amendment for the R·22 neighborhoocJ. zero lot line issue:. Mayor Horton stated she did not ,t;ec: .& n~ for it, hut ,Ioiht: would f-ilJrport the: requeSt. She: Stíu!:'.fJ th:i! we (::d havt' Uro lot line products which have heen approved in Rimcho dd Rr)' Hnd In Eas!L:"\t~. Mr. Fuku)'sma stated that this' parti::..:u!ar prouw.:t IS ht:lI1g hl1t in RiII1Cho cJd Rè.Y t.:LlrJ'Cllli.\ and is hein,g m:':-keted as Pasatiempo which is heing huilt hy UDC HOl11es. II was approvc.d when the map ",'as ncforc: Council. 'Whal staff is recommc:nding is that with Inc rlottln!; anu some of Ihe inùi\'luu¡,; on~:;!rCèt parking ~sr~ct.t; that .stafr expects without a product cllrr~ntly cJeslgn~cJ for it. tn~ pIH~c:mèn! of !hC' prouuct wil! nèCèssitalc those lots to fluctuate in size:. th~rehy likeJ)' r~ducìng the numha of the IOI!o. Clnd Ih::- sclhHCI\.... ThaI I,'" tyrH.:;·¡)ly uon:: throtl~h th, City', design review process and the final m<lr hdorc It COI11:::S had to Councl! tor 'Irrro\'ëd, Councilmemher Rindone stat~ he Wa.'" comfortahlc with thIs al.; ¡Dnl,! as COllncJl ,gels a ¡,;h.m;.:c to look at ·tllS fOI the final approval. " VOTE ON MOTJO~: Passeu and approved 4·0-0-1 (Moot "hs!aming). BOARD A'1> COMMISSIO.'\ RECO~~1E"D"'TIO"S Nont' "uhmjll::t!. ACTION ITEMS ~ 10, REPORT PROPOSITION 218 IMPACTS ON OPEN SPACE DISTRICT FORMATION· At the 11/5196 general ejection. Proposi!lon 2181he "Righi To VOft: on Taxel.; Al.':t." \I,,'as pas"c.d~)' it maJonty of '-'oters This prop0f>ition impacts the formation of 0r~n Spite:: Di~tncl~ hy the' M 1972 LilncJs¡,;aplll,g &. Lighting ACL" Thi!-- report discusses the Impacts anu ält~matives :wailahl~ In tht' City ha,"'c:u on ¡¡ SllIUY ¡,;omJlI(;t~u hy Bt:rr)T1an & Henigar. a consultant with exrertls~ In this area. Staff ],t:.col11m~n¡Js COlln~il a¡,;¡,;c:pl th~ rt:p0r! Oint! adof"t the policy. (Djroclor of Puhlic Works) Cliff Swanson t;;tated thac the new d~vdorm~nt." IHi\'~ In the. past lI"c:d OSMD 10 maintain th~ open :;pace. Previously It was dOllt: under the L...andscapé and Llghtln.;! A:.'t of 9ì2. \'.'ith thé' r.{s~agt: of Prormsltio" ::'18. it presented prohlems to the continued w.c of Ihal Acl. Tn::: tWo sl~nJfí~¡UH ,......~I.:'S with Ihl' i9-:-: Act ant.! Prol'.;sltlOl1 218 are the qUt::EOtions of special henetit and that the Cil)' woulJ hltv.:' to pity lor any ,g~nend h:::netiL Scæond..'" that the assessments would have to he leVied on puhlicly owned property, This report reool1ll1lend, Ihal no more OSMD be formed under the 1972 Act. Insl~d. the r.:porl recomm.:nùs that the Council éxprc:ss 1:1 préÍc:rencc for HOA to maintain the. oJ"'t:n space district. hut that Ihe City nUtlntHJI1 through an OpG" spa¡.:c: type: district tht: mr.:dians. Recognizing that some: developers clo not want an HOA. ShdT rt:coml11::lllb Ihat We;: work with the dc:vc:loper.!- !o use. a CFD hased op"n space distrlcl tor Ihe "pen >pace. La...tly. !>;ta!'' rc;;ol11f1lc:nus that CFDs lire: form~ù for maintenance .01' the medians. J\1SUC (Horton/Moot) to uppro\'t staff's recummcndation to UCC~pl (bt: rt'p1l11 and adopt (ht polk)'. ITEMS PULLED FROM THE CONSENT CALENDAR (No ilems w",,, pulled) OTHER BtJSII\'ESS ~ I!. CITY MAJI;AGER'S REPORTtS) a. Thr Jit::Xt h\Júgct workshùpwa~ ~c¡'c:du¡c:tI tor \\·c:¡jn~...ui1Y. June 4. 19Y7. ~ ~ ~'" " ~ " . ., \1 inute.~ JlIn~ " J 99"' !)age c) .... b. As an informational jt~m. Mr. Gos~ statöu that he haLl an opportunity to talk wi~h rh~ currt:nt Administrator of the Joca' Scripps Hospital. He state<! that they were proc""din£ wllh their proposals under the revision.. of the project at Scripps in Chuls Vista as arproved hy th~ Rcd=.wèlopm~nt Agency on January 7. They hav,· had ( suCcessful fund raising drive of over S2 million. Th~y feel that the leU!:r in the ncwsf'apo:::r was filed h;' certain doctors who were not totally happy with what Scripps was doin£. hLlt there are other ph)'Slcians who We very supportive. They will be movin£ ah""d with the Emer£ency Room. ICU. and the Cancer Center. The)' r,·eJ thai by October they will have State approval for these prq¡ects. CouDcilmember Rindone asked that. in addition to it report. We tincJ it way 10 disst::minate this inform,atian so tha1 there is an affici1:t1 puhlic TesponSit:, Mr. Goss stated that perhaps the: other physicians In the Scripps family m.t)' hI:: Tt::sponc.lln~ which may h~ more appropriate than the City responding. 12. MA YOR'S REPORT(S) Mayor Horton thanK~ the Downtown Businc:ss ASS()(;WIIlIO am.! st;dl llI.;:mhers \'\1ho \..\,'()rkt~d v.;:ry hare: :~I plll together the. Lt:mon Fe-stival. It WCi.... one:. of the. more su¡,;cessful t:\'cnts thHI We havt= had, 13. COUNCrr. COMMEI\'TS . Councìlmemher Rinùone.: He. also ¡,;ongnltlllale.u th~ DB,A¡ for tht' L~mon Ft'stl\'id, He nlltÎct'U one thing ul.'::rnctly different in that thert we.re. a numher of machants who r::Il1:lInc:J open, Councilrnemher Moot: He atte.nc.lc.d th~ Water Park op~nmg. it will h~ a wdcol11e.d i.uhJitumal to the community. Councilmemher Salas: Considercltion to oppose. lifting of han on trif'lc trailer vc:hicle.s. Iteln Was added to the Consent Calendar. AD JOlfRI\'MEI\'T The meeting adjoume<! at 6:28 p.ln. Respectfully suhmltted. Bel'erly A. Authe¡et. CMC/AAE City Clerk ... 1 ~inutes 1 July 14, 1998 ATTACHMENT Page 4 12. RESOLUTION 19075 APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SOUTH COUNTY ECONOMIC DEVELOPMEN'X COUNCIL FOR COOPERATIVE ECONOMIC DEVELOPMENT EF'F'ORTS Council appropriated funding for the South San Diego County Economic Development Council (SCEDC) in fiscal year 1995/96, fiscal year 1997/98, and fiscal year 1998/99. A Memorandum of Understanding (MOU) with SCEDC was approved by Council for fiscal year 1995/96, fiscal year 1996/97, and fiscal year 1997/98. The MOU called for coordinated economic development efforts and required quarterly reports from SCEDC in exchange for the City contributions. Council appropriated current year funds with the stipulation of a required renewal of the MOU with BCEDC. Staff is requesting that Council formally authorized the Mayor to sign the renewed fiscal year 1998/99 MOU which contains no substantive changes. Staff recommends approval of the resolution. (DirectDr of Community Development) 13. RESOLUTION 19076 ACCEPTING BIDS, AWARDING CONTRACT F'OR "DRAINAGE IMPROVEMENTS, SOUTH OF "G" STREET, WEST OF' SECOND AVENUE AND NORTH OF DEL MAR cotIJt:r IIf :rIlE crn (DR-908)' AND A F1IHD TRANSFER FROM CAPITAL IMPROVEMENTS PROGRAM (CIP) PROJECT "DRAINAGE BASIN - E/O SECOND AVENUE," DR-120 - On June 13, 1998, bids were received. The work to be done consists of constructing an 8 foot by 4 foot reinforced concrete box culvert 421 linear feet long. Staff recommends approval of the resolution awarding the contract to Rutledge Joint Vent.ure in the amount of $186,511.18 and approving a fund transfer from the CIP Project DR-120 in the amount of $23,500. (Director of Public Works) ~ 14. RESOLUTION 19077 ACCEPTING BIDS AND AWARDING CONTRACT TO HMS CONSTRUCTION FOR:rIIE FISCAL YEAR 1997/98 TRAF'FIC SIGNAL LOOP DETECTOR REPLACEMENT PROGRAM (CIP NO. TF252) AND :rIlE TRAF'FIC SIGNAL INSTALLATION AT THE INTERSECTION OF BROADWAY AND FLOWER. STREET (CIP NO. TF257) - The work to be done will include: (1) replacing malfunctioning traffic signal loop detectors at various signalized intersections; and (2) installing a new eight phase traffic signal system at 8roadway and Flower Street. Staff reconvnends approval of the resolution. (Director of Public Works) 15. RESOLUTION 19078 ACCEPTING BIDS AND AWARDING AN INFORMAL BID CONTRACT TO MJC CONSTRUCTION FOR :rIlE EMERGENCY "STORM DRAIN REPAIR, SOUTH OF ORANGE AVENUE, WEST OF OLEANDER AVENUE, JUST WEST OF :rIlE SEQUOIA STREET INTERSECTION, IN THE CIn (DR-140)" AND APPROPRIATING FUNDS THEREFOR - In February 1998, due to the winter rains, a corrugated metal storm .drain pipe collapsed causing a sink hole to open up on the access road to the drainage channel located south of Orange Avenue, west of Oleander Avenue, just west of the Sequoia Street intersection. Staff prepared specifications and requested informal bids frDm four contractors to do the work. The work to be done includes trenching, removal of existing improvements, installation of a 36-inch High Density Polyethylene pipe, installation of concrete anchor and cutoff walls, protection and restoration of existing improvements, and other miscellaneous work. Staff recommends approval of the resolution. (Director of Public Works) 4/5tb's vote required. 16A. RESOLUTION 19079 APPROVING THE FINAL "A" MAP FOR TRACT NUMBER 97-02, MCMILLIN OTAT RANCH SPA 01lE, PHASE 01lE, ACCEPTING ON BEHALF OF THE Cln, PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION AND IICI1:NOWLEDCING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF FEE INTERESTS OF LOTS "A" THROUGH "I" FOR OPEN SPACE FOR PUBLIC PARK PURPOSES AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS ~ - - - --- ---- Minute6 July 14, 1998 Page 5 - REQUIRED BY SAID SUBDIVISION AND AUTIIORIZING THE MAYOR TO EXE=E SAID AGREEMENT On June 3, 1997, Council approved the Tentative Subdivision Map for Tract 97-02, McMillin Otay Ranch SPA One, Phase One. Condition Number 105 of Resolution 18&8& stipulates that the developer may submit and obtain approval of the City of a master final map ("A" Map) over portions of the Tentative Map showing "super block" lots. The "A" Map is required to show the backbone street dedications and utility easements required to service the "super block" lots. rn addition, the developer is required to provide security guaranteeing the construction of said backbone facilities. All "super block" lots created are also required to have access to a dedicated public street. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 19080 APPROVING THE FINAL "A" MAP SUBDIVISION IMPROVEMENT AGREEMENT AND SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR :rRAc:r 97-02, MCMILLIN OTAY RANCE SPÃ ONE, PRASE ONE, AND AUTIIORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ... ... ... END OF CONSENT CALENDAR ... '* . ORAL COMMUNICATIONS None. ****'*' Council adjourned to Closed Session at &:21 p.m. to discuss with legal counsel anticipated litigation pursuant to Government Code Section 549.56.9 significant exposure to litigation to Subdivision B, two cases. Council reconvened at 6:43 p.m. with all members of the Council present. -.-.'*' PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES· 17. PUBLIC HEARING OPEN SPACE DISTRICTS 1-9, 11, 14, 15, 17, 18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD, AND TOWN CENTRE FOR FI SCAL YEAR 1998/99 - In accordance with Municipal Code Section 17.07, the City Engineer prepared reports on the spread of assessments for the open space districts. The reports were accepted and the required public hearings were set by Council on May 26, 1998. The first public hearing was conducted on June 23, 1998. This item includes information related to the above districts and general information. related to Open Space District 10 and EastLake Maintenance Dist.rict Number l. Staff recommends approval of the resolution. (Director of Public Works) RESOLUTION 19081 ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER' S REPORT AND LEVYING THE ASSESSMENTS FOR FISCAL YEAR 1998/99 OPEN SPACE DISTRICTS 1-9, 11, 14, 15,17,18, 20, 23, 24, 26, 31, 33, BAY BOULEVARD AND TOWN CENTER John Lippitt, Director of Public Works, stated that the final hearing to levy ~ these assessments are within the parameters of las~ year's assessment, plus CPI and collection will be equal to or less than the assessment. 9 - - .-._--. -~--_._.~... ,.--. SPA One Public Facilities Finance Plan TRAFFIC '- .!! ~ ~g~~~N~~.~~~ ~~~ ¿~---------- --- I. ) ":J_______ ___ ___ .¿ ClNNNC")t")......('f]C")t"J NNN CD ------------ --- - " - - ' ~ w \¡- CD ~ '- g= ~ ì :s ~ N'NMNN';".T:5 Ñ'Ñ' ÑÑÑ' :: "- :J - --------(t') -- --- v ¡¡¡ : I ;; \t. ~ 0 ---0 _______ ___ c - = N N N ~...... 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Cf: CI;I 5 5::= i :."?I ~ i ê -; ~ 'Ë .~ of ;; ", ~! .~ ~ ~ ~ ~I ~-~ ~.gl ~ ~i~,§,~,~ ~lgl~ ~I§:~:~I~ ~ ~:]: g¡~ ~i ¡ ~ ~. ~ ~ ~ ~ j x I -.-'. ,.. r;¡¡,. - - o'OI=_I_'::>'_ '-JloIOICJ 01_1010 _,_,-.,1:) 01:: ~ -=: _ 0 C "'.. w I :..~~ :..:~ ~ ~ ~ ~':"I~ ~ -I-,~::" L L L -ILI:"JLIL ~i~I~¡~ ~t~ _ ~ ~ U ~ ~ v. 1L n~.___ n._~.n_. .~n. __..___.___.. ::::: T- N - - . :ë ~ « "Q ] :E-c. , ~ )( 0... cr. ¡¡j ~ .~ W , ~ ~ ]., CI~..c: c (.) -H .- ::::: æ '" ~æ II) ~ II: .. "t ~ z· ~- ~ ca ::::: " ~"' f ..... >. ~ ~ ¡¡: b CS ~ ~~ ~ 0 oS V) - ~ s: ..... .... ~ ..... - , -==- ..... '" I:..,) ~ .., t¡ ~ ...:. 8~ '" .. I:..,) "t ?>{! ..... ¡; - t", ~ '"-~ 0_ - tt~ - ..... 0... "... s:::c 0", '" ~.. "'"t ::::" ~t=: ~ - . 0: ,;, . ~') ~ ëã u - -ã. "E >. t- :.:J ~ CD CD en ~ m "C .c: .c: a.. a.. C CÞ C ,J 1 C) · CÞ · .:! " l' ~ · ŒI ~lh ..J · I~ ATTACHMENT 5 91-02 I ISTA Tf/ACTs~J: I; I' HAS CHVL~ bTAY f/ANCHI3h05 MoMI LL-i MAl' NO. LO 3 <> ) LOT 4 ~ t-' fI9 :.. 71 70 ;>p ~ '" ~ $ð.GE - .... ~ ~ 51 52 53 <> 411 50 .... '" ~ ' ;;:.~~ ! :.. <> :..:". . ........ ." ~ -<# -- ",,-'" 411 47 46 "''''~ t).... "f .'" tJ1.... ~ . '" (') . t-' -~~ ~ CLOVE:8 ~~'" ..."" "'''' :0;;'" "'''':;:; <> \4 c -~ 1!IJ2J93D <> "'" ~ "oX: t-' 2!;arJ!7 ;;:.¡;= t-' - jfi ":.. LOT 5 "" C/);;:. '" ~~t:~ ~ '"'u t.::.Q> """ R.1 ~.::-::e:~ 2# '" ~ . .,,"'.... :t:~"" "" -"" :.. ~ ~(l)"'<t) "'",,,,,.... '" :.. 7 0\_':2:.0,() N 6 <>~ ... 4 5 "oX: , ~1 2 3 ~ ~ ---- LOT 7 LOT b CHULA VISTA TRACT NO. 97-02 MoMILLIN OTAY RANCH SPA I PHASE I MAP NO. 13605 SCALE: 1'=200' .RlCK ENGINEERING COMPANY JlL ENGINEERS' SURVEYORS . PLANNERS McMILLIN OTA Y RANCH SPA I 5620 FRIARS ROAD. SAN DIEGO PHASE 1, UNIT 2 CA. 92110-2596 PHONE: (619) 291-0707 CITY OF CHUUJ. VISTA, CALIFORNIA PROJECT NUMBER. 13126 /S C.v.r. 97-02 DATE. NOVEMBER 2. 1998 ::~::;:.:==z.: . 101 -~"._,,-,-~----+-~. - ----".~--,-_.~._~--- A'IT ACHMENT 6 ~o_ <filiI ~ aOÚ~t>"''{ 1 q1-0~HAS~ J - ON\SIO 1¡¡AO f'A J ~ SÚa A YIS"0.IIOH,~b05 OHVl-01AY 110- 'f' r- MI I-I- II MAf' 1-01 '" MG .... . :z: . OPEN SPACE LOT"D' ~ ,... t> ;;" :::! " ~ 116 ;;" - ,... ~t) r- -~ CD :':1""' '" t:)b. ~ 31 ~~'"' (; ""-<(j; :.: 43 ,4 :.:"'.... ... () (;j~~ ". C-:': \aI t>.... ;;" O-::t:~ ""-i " \:2.1.1 t>- ;;" -t~.... ~ - ql O\~ ..... r-t> ... 0 '" t:z: ~ Z-'1 :.:¡;; <; ~ ~~ ~ "':... ~~'<: C"" .. Z (I) .... ""11 "'"< (¡; t"'- O '" :.:"'~'" ~ - '" "',... .... r- . ?i.... ... '" ~ -:t:~ .... \;l",t> 16 ~ "'..".... 18 17 N 0,:"'", -'" , L NIE ~~ ,... '" '" r- - 5 '" 4 .... 3 '1 2 . '- . '" SCALE: 1'=200' RICK ENGINEERING COMPANY CIVIL ENGINEERS· SURVEYORS· PLANNERS McMILLIN OTA Y RANCH SPA I 5620 FRIARS ROAD. SAN DIEGO PHASE 1, UNIT 3 CA. 92110-2596 PHONEI (619) 291-0707 CITY OF CHULA VISTA, CALIFORNIA PROJECT NUMBER. 13126 I( C.v.r. 97-02 DATE. NOVEMBER 2, 1998 :~~=1: ATTACHMENT 7 Resolution 18686 Page 7 Exhibit A MCMILLIN Otay Ranch SPA One Tentative Subdivision Map PCS 97-02 CONDITIONS OF APPROVAL Unless otherwise specified or required by law: (a). the conditions and Code requirements set forth below shall be completed prior to the related final map as determined by the Directors of Planning, Parks and Recreation and/or the City Engineer; (b). unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required the applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. The Developer has requested "A" Maps for the first Final Map on the project. An "A" Map shall be defined as a master subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which shows "Super Block" lots corresponding to the units and phasing or combination of units and phasing thereof, and which does not contain individual single or multi-family lots or a subdivision of the multi-family lots shown on the tentative map. Subsequent to the approval of any "A" Map, the applicant may process the necessary final "B" Maps. A Final "B" Map is defined as a final subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which proposed to subdivide land into individual single or multi-family lots, or contains a subdivision of the multi-family lots shown on the tentative map. The "B": Map shall be in substantial conformance with the related approved final" A" Map. Should conflicting wording or standards occur between these conditions of approval, any conflict shall be resolved by the City Manager or designee. GENERAL/PRELIMINARY 1. Prior to each final applicable map, the Developer will comply with all requirements and guidelines of the Parks, Recreation, Open Space and Trails Plan, Public Facilities Financing Plan, Ranch Wide Affordable Housing Plan, Spa One Affordable Housing Plan, and the Non-Renewable Energy Conservation Plan, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document, the term "Developer" shall also mean "Applicant". /5 ~ .. _.._--.~~ .-..-.---..--.-.------..-..---.-.-.-. Resolution 18686 Pade 8 3. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant shall be notified 10 days in advance prior to any of the above actions being taken by the City and shall be given the opportunity to remedy any deficiencies identified by the City. 4. The applicant shall comply with all applicable SPA conditions of approval. 5. Any and all agreements that the applicant is required to enter in hereunder, shall be in a form approved by the City Attorney. ,- ENVIRONMENTAL 6. Prior to approval of each final "B" Map, the applicant shall enter into a supplemental subdivision agreement to implement all applicable mitigation measures identified in EIR 95-01, the CEQA Findings of Fact for this Project and the Mitigation Monitoring and Reporting Program. 7. Prior to the approval of each final "B" Map, the applicant shall comply with all applicable requirements of the Phase 2 Resource Management Plan (RMP) as approved by the City Council on June 4, 1996 and as may be amended from time to time by the City. 8. The Applicant shall comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife and the U.S. Army Corps of Engineers. The applicant shall apply for and receive a take permit from the appropriate resource agencies or comply with an approved MSCP or other equivalent 10(a) permit or Section 7 consultation applicable to the property. DESIGN 9. The secondary emergency access between Neighborhoods R-1 0 and R-11 shall be surfaced with "grass-creten, "turf-blockn or some other comparable material unless otherwise approved by the Planning Director and Fire Chief. Bollards shall be provided at the end of the emergency access. 10. In addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to_soften their appearance as follows: an equivalent of one 5-gallon or larger size tree per each 150 square feet of slope area, one 1-gallon or larger size shrub per each 100 square feet of slope area, and appropriate ground cover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape and irrigation plans for private slopes shall be reviewed and approved by the Planning Director prior to approval of the appropriate final map. It? Resolution 18686 Page 9 11. A comprehensive wall plan indicating color, materials, height and location shall be submitted for review and approval by the Planning Director prior to approval of each final "B" Map. Materials and color used shall be compatible and all walls located in corner side-yards or rear yards facing public or private streets or pedestrian connections shall be constructed of a decorative masonry and/or wrought iron material. A revised acoustical analysis indicating if view fencing, such as a combination of masonry and wrought iron, is allowable at the ends of cul-de-sacs backing up to Telegraph Canyon Road, East Orange Avenue and La Media Road, shall be prepared prior to submittal of the wall plan indicated above. If such fencing is allowable per the final acoustical analysis it shall be provided at the end of Applegate Street. View fencing shall be provided at the ends of all other open cul-de-sacs where a sound wall is not required. The exposed portion of any combination free standing/retaining wall as measured from finish grade shall not exceed 8.5 feet. The applicant shall submit a detail and/or cross section of the maximum/minimum conditions for all "combination walls" which include retaining and free standing walls. Said detail shall be included in the grading plans submitted for review and approval by the Director of Planning prior to the approval of the first grading permit. The maximum height of all retaining walls shall be 2.5 feet in height when combined with freestanding walls which are six feet in height. A 2-3 foot separation shall be provided between free standing and retaining walls where the combined height would otherwise exceed 8.5 feet. 12. Lots backing or siding onto pedestrian paseos or parks shall be provided with view fencing such as three feet of wrought iron on top of a three foot masonry wall, in accordance with the comprehensive wall plan and subject to approval by the Fire Marshal and the Planning and Parks and Recreation Directors. Where said wall/fencing is located adjacent to any public park, the wall/fencing, including footing shall be located wholly within the park and maintained by the City. 13. Should the applicant propose an amendment to the Otay Ranch General Development Plan to reduce density within the Village Cores at some time in the future, the provision of alley product shall be analyzed and considered concurrently with said amendment. 14. Approval of lot widths and the final number of lots in Neighborhood 22 is subject to building design and product site plan approval by the Planning Department. A reduction in the number of currently proposed lots may occur prior to approval of actual building permits for this Neighborhood. 15. Alternative A for Neighborhood R-12 as depicted on the tentative map is the preferred alternative. The applicant and the adjacent landowner shall make all reasonable efforts to work together in order to accomplish this alternative. If. after six months from the effective date of the map, no agreement has been reached, the other alternate depicted on the map shall be acceptable. STREETS, RIGHT-OF-WAY AND PUBLIC IMPROVEMENTS ~_lZ .'__... M·_.·.·__~__ ,....___._._. Resolution 18686 Page 10 1ô. Dedicate for public use all the public streets shown on the tentative map within the subdivision boundary. Prior to the approval of the applicable "8" Map as determined by the City Engineer, the applicant shall enter into an agreement to construct and guarantee the construction of all streets shown on the tentative map and all street improvements as required by the PFFP for each particular phase which could be a result of the cumulative development within SPA One. 17. Secure in accordance with Section 18.16.220 of the Municipal Code, as necessary, the construction and/or construct street improvements for all on-site and on-site streets deemed necessary to provide service to the subject subdivision. Said improvements may include, but not be limited to, asphalt concrete pavement, base, concrete curb, gutter and sidewalk, sewer, reclaimed water and water utilities, drainage facilities, street lights, signs, landscaping, irrigation, fencing, fire hydrants and traffic signal interconnection conduits and wiring. Street cross sections shall conform to the cross sections shown on the Tentative Map. All other design criteria shall comply with the Chula Vista Design Standards, Chula Vista Street Design Standards, the Chula Vista Subdivision Manual and the City Landscape Manual current at the time of approval of the appropriate final "8" Map, unless otherwise conditioned or approved herein. Exhibit A indicates the relationship between the Otay Ranch SPA One roadway designations and the approved City designations in the Circulation Element of the General Plan for purposes of determining the appropriate design standards for all streets within SPA One. Should the City Engineer deem that the construction of sidewalks along the offsite portions of East Orange A venue and East Palomar Street west of Paseo Ranchero is not necessary to provide service to the subject subdivision, their construction may be delayed. Unless otherwise approved by the City Engineer, the developer shall provide a cul-de- sac in accordance with City standards at the end of all proposed street stubs along the subdivision boundary. The City Engineer may approve the installation of a temporary turnaround or other acceptable alternative at the end of those streets that might be extended in the future to provide access to the adjacent property. 18. Include a fully activated traffic signal at the following intersections as part of the improvement plans associated with the final "8" Map which triggers the installation of the related street improvements. a. East Palomar Street and Paseo Ranchero b. East Palomar Street and La Media Road c. East Palomar Street and East Orange Avenue d. East Orange Avenue and Paseo Ranchero e. East Orange Avenue and La Media Road Install underground improvements, standards and street lights with the construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer It Resolution 18686 Page 11 19. Submit to and obtain approval by the City Engineer of striping plans for all collector , classification simultaneously or higher streets with the associated improvement plans. 20. All vertical and horizontal curves and intersections of all streets shall meet the sight distance requirements of the CalTrans Highway Design Manual. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual. Any conflict between the CalTrans Highway Design Manual and the City standards shall be resolved by the City Engineer. 21. Prior to the approval of the final "8" Map containing parkways, the Developer shall agree to plant trees within all street parkways and street tree easements 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, Parks and Recreation and Public Works. The applicant shall provide root control methods p,er the requirements of the Parks and Recreation Director and a deep watering irrigation system for the trees. The improvement plans, including final selection of street trees, for the street parkways shall be approved by the Directors of Planning, Parks and Recreation and the City Engineer. 22. Enter into an agreement with the City, prior to approval of the first final Map (including an "A" Map), in which the developer agrees to the following: a. Fund and install Chula Vista transit stop facilities (i.e., bus stops) when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Design Plans and approved by the Directors of Planning and Public Works. b. Not protest the formation of any future regional benefit assessment district to finance the Light Rail Transit. c. Fund its fair share of the cost of construction of the two pedestrian bridges connecting Villages One to Village Two and Village Five to Village Six as determined by the City Engineer based on the proportionate benefit received from the improvements. The developer shall also identify the financing mechanism to be used to fund said cost. 23. Prior to approval of the appropriate final map, the Developer shall grant in fee to the City the right-of-way for the Light Rail Transit as indicated on the typical cross section of East Palomar Street on the approved Tentative Map. Said right-of-way shall be granted to the City for open space, transportation, and other public purposes. Said right-of-way shall not extend across street intersections unless approved by the City Engineer. Include said right-of-way in an open space district. 24. Guarantee the construction and enter into an agreement to construct the pedestrian bridge connecting Village One to Village Five in accordance with improvement plans approved by the City prior to approval of the final map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. The developer shall construct said bridge, at the time when that portion of La Media ..--L!l.. .. . -----".~-"-,_.,. Resolution 18686 Page 12 Road is constructed and may seek, with the concurrence of the City, repayment from . other benefiting property owners through a reimbursement district. 25. In the event the Federal Government adopts ADA standards for street rights-of- way which are in conflict with the standards and approvals contained herein, all such aoorovals conflicting with those standards shall be updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by Federal regulations, only after construction has commenced. 26. Prior to approval of the first final map for Neighborhood R-1 2 which requires the construction of the temporary access road to East Palomar Street, the developer shall accomplish the following: a. If required by the City Engineer, obtain a construction permit from the City approving the necessary modifications to any existing " improvements, which are necessary to provide temporary access to Neighborhood R-12. b. Enter into an agreement where the developer agrees to: 1. Remove to the satisfaction of the City Engineer the "Temporary Access Road" improvements, at such time as a permanent road connecting R-12 to East Palomar Street is opened for public use. 2. Construct the ultimate East Palomar Street improvements and regrade the area to be consistent with the streetscape of East Palomar Street as directed by the City Engineer and Director of Parks and Recreation at such time as a permanent road connecting R-12 to East Palomar Street is opened for public use.. 3. Install signs as directed by the City Engineer, indicating that the "Temporary Access Road" will be closed once a permanent road connecting R-12 to East Palomar Street is opened for public use. 4. Provide a Notice in any residential disclosure document that the "Temporary Access Road" will be closed once a permanent road connecting R-12 to East Palomar Street is opened for public use. 5. Provide for all costs associated with the vacation of the "Temporary Access Road" located within the proposed future residential lot. c. Provide security acceptable to the City in the amount determined by the City Engineer to guarantee the removal of the Temporary Access Road improvements and construction of the ultimate East Palomar Street improvements as directed by the City Engineer and Director of Parks and Recreation ¡;2¡) Resolution 18686 Page 13 27. Include the necessary modifications to the applicable existing traffic signals at the intersection of Telegraph Canyon Road at Otay Lakes Road as part of the improvement plans associated with the first final "8" Map which triggers the construction of La Media Road. Install underground improvements, standards and street lights with the construction of street improvements, and install mast arms, signal heads and associated equipment as determined by the City Engineer. 28. Include the easement for the proposed "Temporary Access Road" to R-12 from East Palomar Street to the northern property line across the proposed future residential lot. On the appropriate final "B" Map, as determined by the City Engineer, grant said easement to the City for open space, transportation, and other public uses._ 29. Provide: (1) a minimum setback of 19.5 feet on driveways from the båck of sidewalk to garage, (2) a minimum 7-foot parkway (face of curb to property line) around the turnaround area of the cul-de-sac, and (3) sectional roll-up type garage doors at all properties fronting on streets which are proposed for construction in accordance with the detail of the "typical cul-de-sac, 150 feet or less" shown on Sheet 1 of the tentative map, except as provided for in the Planned Community District Regulations or approved by the City Engineer and the Planning Director. 30. Not install privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of the installation of sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: 1. Apply for an encroachment permit for installation of the private facilities within the public right-of-way. 2. Maintain membership in an advance notice such as the USA Dig Alert Service. 3. Mark out any private facilities owned by the developer whenever work is performed in the area. The terms of this agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 31. Include in separate lots the right-of-way required to accommodate the future grade separation at the intersection of Telegraph Canyon and Otay Lakes Road. These lots shall be granted in fee to the City for Open Space, transportation, and other public purposes on the appropriate final "B" Map, as determined by the City Engineer. Prior .. '// -..----------- --------.". Resolution 18686 Pa;Je 14 to the approval of the grading plans proposing the grading of the area that would accommodate said intersection, the developer shall submit a design study. acceptable to the City Engineer, of the grading required for said grade separated intersection. 32. Residential Street Condition A as denoted on the cover page of the tentative map is the preferred section and shall be implemented on all residential streets, excluding the alley product, unless otherwise approved by the City Engineer and Planning Director. Following is a list of streets where Residential Street Condition A shall be implemented: Neighborhood R-11: Santa Delphina Ave., Pacifica Ave., Colusa Drive, Bellena Ave., Ballena Court, Montana Drive, Quailsprings Drive and Coalsprings Drive. Neighborhood R-12: Carmel Avenue, Pleasanton Road, Carmel Court, Applegate Road and Ojai Court. " Neighborhood R-23: Bridlevale Drive, Ravenrock Drive, Fawntail Drive, Bouquet Canyon Drive, Strawberry Valley Road, Elk Run Court and Covey Court. Neighborhood R-24: Bouquet Canyon Drive, Fernwood Drive, Lonetree Drive, Sagetree Drive, Clovertree Drive Breezewood Drive and Bramblewood Drive. Residential street Condition B may be used in Neighborhood R-22. 33. The applicant shall submit a conceptual design for the bridge connections between Village One and Village Five which indicates materials, height, location, etc. Said design plan shall be reviewed and approved by the Planning Director prior to approval of the final "B" Map that requires construction of La Media Road between East Palomar Street and East Orange Avenue. 34. Requested General Waivers 1, 2, 3 and 4 and Specific Waiver 1, as indicated on the cover sheet of the tentative map, are hereby approved. 35. Right-of-way for the light rail transit line shall provide for spiral curves as provided by MTDB and approved by the City Engineer. 36. The developer shall dedicate the right of way and easements within the boundaries of the tentative map for other land owners to pioneer public facilities in the property as required by the Public Facilities Financing Plan (PFFP); provided, however, that such dedications shall be restricted to those reasonably necessary for the construction of the facilities identified in the PFFP. 37. The Developer shall be responsible for the construction of full improvements of that portion of East Palomar Street contained within the proposed tentative map, including the installation of full transit stop improvements at the Village Five core. In the event said portion of East Palomar Street is proposed for construction in phases, the Developer shall: (1) submit and obtain approval of the City Engineer of a construction phasing plan, which shall determine the improvements, facilities, and/or dedications to be provided with each phase, and (2) enter into an agreement with the City, prior to the issuance of any grant of approval for the construction of the initial 2~ Resolution 18686 Page 1 5 phase of East Palomar Street, where the Developer agrees to construct the remaining phases at such time as required by the PFFP. 38. In order to finance the construction of the backbone facilities (which include but are not limited to East Palomar Street within the tentative map, transit stops, pedestrian bridges, Telegraph Canyon detention basin and Poggi Canyon Channel and detention basin) not included within a City development fee program and which would provide benefit to areas beyond a single ownership within the Otay Ranch SPA One, the Developer may seek, with the concurrence of the City, payment of the fair share of the construction cost of said facilities from other benefiting properties through the establishment of a reimbursement mechanism, a development impact fee program, an assessment mechanism or other equitable facility financing program within the City's discretion. GRADING AND DRAINAGE 39. Provide a setback, as determined by the City Engineer, and based on the soils engineering study, between the property lines of the proposed lots and the top or toe of any slope to be constructed where the proposed grading adjoins undeveloped property or property owned by others. The City Engineer shall not approve the creation of any lot that does not meet the required setback. The developer shall submit notarized letters of permission to grade for all off-site grading. 40. In conjunction with the as built grading plans, the applicant shall submit a list of proposed lots with the appropriate grading plan indicating whether the structure will be located on fill, cut or a transition between the two situations. 41. Comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. 42. Provide runoff detention basins or any other facility approved by the City Engineer to reduce the peak runoff from the development to an amount equal to or less than the present 1 DO-year frequency peak runoff. 43. Prior to approval of: (1) the first final "B" Map or grading permit whichever occurs first for land draining into the Poggi Canyon, and (2) the first final "B" Map or grading permit whichever occurs first for land draining into the Telegraph Canyon Channel, the developer shall: a. Guarantee the construction of the applicable drainage facility, unless otherwise approved by the City Engineer as follows: 1. Runoff detention/desilting basin and naturalized channel in Poggi Canyon; or 2. Runoff detention Basin in Telegraph Canyon Channel The Developer may agree to construct these facilities at a later time if approved by the City Engineer and if the developer provides private /7-7 - ---.--..-.-----.,. -- -"-- ----~--,---- Resolution 18686 Page 16 temporary runoff detention basins or other facilities, approved by the City Engineer, which would reduce the peak runoff from the development to an amount equal to less than the present 1 DO-year peak flow. Said temporary facilities shall comply with all the provisions of the National Pollutant Discharge Elimination System (NPDES) and the Clean Water Program. Prior to issuance of any grading permit which approves any temporary facility, the developer shall enter into an agreement with the City to guarantee the adequate operation and maintenance (O&M) of said facility. The developer shall provide security satisfactory to the City to guarantee the O&M activities, in the event said facilities are not maintained to City standards as determined by the City Engineer. The developer shall be responsible for obtaining all permits and agreements with the environmental regulatory agencies required to perform this work. b. Prepare a maintenance program including a schedule, estimate of cost, operations manual and a financing mechanism for the maintenance of the applicable facilities. Said program shall be subject to approval of the City Engineer, the Director of Parks and Recreation, and the applicable environmental agencies. c. Enter into an agreement with the City of Chula Vista and the applicable environmental agencies (Fish and Game, Fish and Wildlife) wherein the parties agree to implement the maintenance program. d. Enter into an agreement with the City where the developer agrees to the following: 1. Provide for the maintenance of the proposed detention basin in Telegraph Canyon and the proposed naturalized channel and detention basin in Poggi Canyon until such time as maintenance of such facilities is assumed by the City or an open space district. 2. Provide for the removal of siltation in (1.)the Telegraph Canyon detention basin and (2.) Poggi Canyon Channel and detention basin until all upstream grading of the area contained within the tentative map is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. 3. Provide for the removal of any siltation in (1.)the Telegraph Canyon detention basin and (2.)Poggi Canyon Channel and detention basin attributable to the development for a. minimum period of five years after City acceptance of the landscaping improvements. 44. Enter into an agreement with the City, prior to approval of the first final "B" Map or grading permit whichever occurs first for land draining into the existing Telegraph Canyon Channel, where the developer agrees to perform the following activities within - ~J/ Resolution 18686 Page 17 the po:cion of said existing channel extending from Paseo Ladera to the eastern subdivision boundary: a. Provide for the removal of siltation until all upstream grading of the area contained within the tentative map is completed and erosion protection planting is adequately established as determined by the City Engineer and Director of Parks and Recreation. ;. Provide for the removal of any siltation attributable to the development for a minimum period of five years after City acceptance of the landscaping improvements. 45. Ensure that brow channels and ditches emanating from andlor running through City Open Space are not routed through private property and vice versa. 46. Provide a graded access (12 feet minimum width) and access easements as required by the City Engineer to all public storm drain structures including inlet and outlet structures. Improved access as determined by the City Engineer shall be provided to public drainage structures located in the rear yard of any residential lot. 47. Provide a protective fencing system around: (1) the proposed detention basins at Telegraph Canyon and Poggi Canyon, and (2) inlets and outlets of storm drain structures, as directed by the City Engineer. The final design and types of construction materials shall be subject to approval of the Director of Planning and the City Engineer. 48. Designate all drainage facilities draining private property to the point of connection with public facilities as private. 49. Provide a 6 inch thick concrete access road to the bottom of the proposed detention basins. This access shall have a minimum width of 12 feet, a maximum slope of 8%, and a heavy broom finish on the ramp as directed by the City Engineer. 50. Obtain a Letter of Map Revision (LOMR) from the Federal Emergency Management Agency revising the current National Flood Insurance Program maps of the Telegraph Canyon Channel to reflect the effect of the proposed drainage improvements. The LOMR shall be completed prior to acceptance by the City of the proposed detention facility. 51. Provide graded maintenance access roads along both sides of the proposed on- site and off-site portions of the Poggi Canyon Channel. The width of said roads shall be 12 feet unless otherwise approved by the City Engineer. The final dimensions and location of the access roads shall be as determined by the City Engineer. 52. Prior to the approval of the first final US" Map, the developer shall submit for the approval of the City Engineer, a study demonstrating that the proposed detention basin in Telegraph Canyon is capable of reducing the peak runoff from SPA One to or less than the present 1 DO-year frequency peak runoff. The City Engineer may require that said study be reviewed by an outside consultant to determine the effect of the proposed detention facility on the existing naturalized channel. All costs associated with retaining said consultant shall be the responsibility of the Developer. The final .:7-"'5 -------....-- - ._._____ ___on _u_ Resolution 18686 Pa;Je 18 design and location of the detention basin shall be approved by the City Engineer, Director of Planning and Director of Parks and Recreation. 53. Prior to the installation of the regional trail, install a fence along those portions of: (1) the existing maintenance access roads along the Telegraph Canyon Channel, and (2) the proposed maintenance access roads of the Poggi Canyon Channel, which are proposed to be incorporated into the Regional Trail System. The fence shall be erected only at those locations where its installation will not interfere with the normal channel maintenance. The specific locations where the fence will be allowed and the fence details shall be as determined by the City Engineer and Director of Parks and Recreation 54. Prior to approval of mass grading plans, the Developer shall prepare and obtain approval by the City Engineer, Director of Planning and Director of Parks and Recreation of an erosion and sedimentation control plan. Prior to approval of the street improvement plans, the Developer shall obtain approval of landscape/irrigation plans. 55. Landform grading, similar to what has been proposed along Telegraph Canyon Road indicated on this tentative map and consistent with City policy and the approved tentative maps for the adjacent properties, shall be implemented adjacent to all off-site major roads (i.e., East Palomar Street and East Orange Avenue). 56. Indicate on all affected grading plans that all walls which are to be maintained by open space districts or other methods shall be constructed entirely within open space lots. 57. The grading plans for the intersection at East Orange Avenue/Paseo Ranchero shall include a partial grading of the area that would accommodate the eastbound on- ramp and off-ramp and the westbound on-ramp of the future grade separated intersection. The elevations and extent of the required grading shall be determined by the City Engineer to: (1) allow in the future the construction of any additional grading necessary for the ultimate intersection configuration, and (2) construct the Poggi Canyon Channel at its ultimate location. 58. Prior to approval of the grading and/or improvement plans proposing the construction of the culvert under La Media Road at the crossing with the Telegraph Canyon Channel, the developer shall submit a study acceptable to the City Engineer demonstrating that the proposed culvert will be capable of handling the design flow in the event said culvert needs to be extended in the future in conjunction with the grading for a grade separated intersection at Telegraph Canyon Road/Otay Lakes Road. 59. Prior to approval of the first final uBn Map or first grading permit (whichever occurs first) for Neighborhood R-12 (Alternate A or B), the developer shall submit a study for the approval of the City Engineer demonstrating that the 100-year peak flow proposed to be discharged from said neighborhood to the adjacent properties to the west, is equal to or less than the present 100-year peak flow. The City Engineer may approve that increased flows be deposited into the adjacent properties if the developer provides: (1) verification in the form of an agreement with the owners of downstream properties indicating the acceptance of the increased flows, or (2) evidence to the satisfaction of the City Engineer that any existing downstream drainage improvements 21. . Resolution 18686 Page 19 will be capable of handling the increased flows in accordance with City standards. The developer shall limit the flows to non-erosive velocities and provide erosion control to the satisfaction of the City Engineer. 60. Prior to approval of any final "B" Map, Developer shall agree to indemnify City for any liability, claims or actions resulting from the downstream property owners accepting the increased flows. SEWER 61. Provide an improved access road with a minimum width of 12 feet to all sanitary sewer manholes. The roadway shall be designed for an H-20 wheel load or other loading as approved by the City Engineer. 62. Prior to the approval of the first final "B" Map for any property located within Neighborhood R-12 (Alternate A), the developer shall construct or secure the construction, in accordance with Section 18.16.220 of the Municipal Code, of a gravity sewer line connecting Neighborhood R-12 (Alternate A) to an approved public sewer line. As an alternative to the gravity sewer line the developer may propose the construction of the sewage pump station shown on the tentative map at the western boundary of R-12 (Alternate A). Prior to the issuance of any grant of approval for the construction of said "pump station" and associated improvements, the developer shall comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station Financing Policy). 63. Prior to approval of any final "B" Map for any property located within the Poggi Canyon Sewer Trunk gravity basin, the developer shall construct or secure the construction, in accordance with Section 18.16.220 of the Municipal Code, of the Poggi Canyon Sewer Trunk improvements required to serve the properties located within said final map. As an alternative to the gravity sewer line the developer may propose the construction of the sewage pump station shown on the tentative map at the northeastern quadrant of the intersection of East Orange Avenue and La Media Road. Prior to the issuance of any grant of approval for the construction of said "pump station" and associated improvements, the developer shall comply with all the requirements of Council Policy No. 570-03 (Sewage Pump Station Financing Policy). PARKS/OPEN SPACE/WILDLlFE PRESERVATION General 64. The project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO). The ordinance establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1, 000 residents. Local parks are comprised of community parks and neighborhood parks. Pedestrian parks are an integral component of the plan and shall receive partial park credit as defined below. A minimum of two thirds (2 acres/1,000 residents) of local park requirement shall be satisfied through the provision of turn-key neighborhood and pedestrian parks.. The remaining requirement (1 acre/1 ,000 residents) shall be satisfied through the payment of fees. ". ~---- CJ'l ~- ---""---' -~,----------_._----.- ------ --~---------~--_.--- ----- ~ R~solution 18636 Page 20 65. Allloca' ~arks shall be consistent with the SPA One P¡:FP and shall be installed by the Applicant. A construction schedule, requiring all parks to be completed in a timely manner, shall be approved by the Director of Parks and Recreation. 65. All local parks shall be designed and constructed consistent with the provisions of the Chula Vista Landscape Manual and related Parks and Recreation Department specifications and policies. 67. All aspects of the neighborhood parks, including the applicants fair share portion 07 :>ark p-g and the paseo, shall be designed in accordance with the City Landscape Manual. 68. The Applicant shall receive surplus park credit to the extent the combined park credit for neighborhood parks, pedestrian parks and the town square park exceeds the 3 acres per 1,000 residents standard. This surplus park credit may be utilized by the Applicant to satisfy local park requirements in future SPAs. 69. The Appiicant and the City shall mutually agree on a PAD fee reimbursement schedule in coordination with the adopted construction schedule. Milestones will be established for partial reimbursement during the construction process. The City may withhold up to 20% of the park construction funds until the park has been completed and accepted. Reimbursement of PAD fees shall include the interest accrued by the City on said PAD fees minus the City's cost of processing and administering this reimbursement program. 70. Unless otherwise specifically stated herein, Developer shall provide the City with an irrevocable offer of dedication, in a form approved by the City Attorney, for all designated pubiic park lands prior to approval of the first final "8" Map within the phase identified in the P¡:FP for said parks. 71. Pedestrian Parks (also known as mini-oarks): Pedestrian parks less than five acres, with the exception of Park p-g and the paseo, as identified in the SPA One Plan, shall be maintained by a funding entity other than the City's General Fund. Pedestrian parks shall receive a minimum of 25% and a maximum of 50% park credit, as determined by the Director of Parks and Recreation pursuant to the City wide small park credit criteria which shall be approved by the City Council. 72. Neiahborhood Parks: Developer shall provide the City with an irrevocable offer of dedication, in a form approved by the City Attorney, for the park identified in the PF¡:P as P-6 prior to the approval of the final map in accordance with the PFFP phasing. a. In addition to those required PAD fees, the Applicant shall pay PAD fees based on a formula of 2 acres per 1,000 residents for the first 431 dwelling units. In the City's sole discretion, PAD fees may be required for units in excess of the first 431 dwelling units. b. Prior to the approval of the first final map which creates residential lots ("8" Map), the applicant shall enter into a supplemental agreement where the appiicant agrees to construct and guarantees construction of the first neighborhood park, no later than issuance of the building permit :;)(7 Resolution 1 BôB6 Page 21 for the 431 st dwelling unit. The agreement shall also provide the following: 1. The level of amenities required in the neighborhood park shall be determined by the Director of Parks and Recreation in conjunction with the park master planning effort required by the City of Chula Vista Landscape Manual. The applicant shall complete construction of the neighborhood park within six (6) months of commencing construction of said park. 2. The timing of construction of Parks P-6, P-7, P-B and the regional trails shall be addressed in the revised PFFP. 3. At no time following completion of construction of the first phase of the first neighborhood park shall there be a deficit in ·constructed neighborhood park" based upon 2 acres/1,000 residents. Applicant agrees that the City may withhold the issuance of building permits should said deficit occur. For purposes of this condition, the term "constructed neighborhood park shall mean that construction of the park has been completed and accepted by the Director of Parks and Recreation as being in compliance with the Park Master Plan, but prior to the mandatory one year maintenance period. This condition is not intended to supersede any of the City's maintenance guarantee requirements. 4. The Applicant shall receive reimbursement of PAD fees for any amount above their pro-rata share for the costs of constructing a turn-key park constructed in accordance with the Parks Master Plan. c. The applicant shall grant to the City, at the "A" Map stage, an irrevocable offer of dedication for all neighborhood parks shown on the Tentative Map. 73. Communitv Parks: Prior to the approval of each final "B" Map the Applicant shall pay PAD fees for the Community Park based upon a formula of 1 acre per 1, 000 residents 74. Trails/aDen SDace: a. All trails shall connect to adjoining existing and/or proposed trails in neighboring development projects, as determined by the Director of Parks and Recreation. b. The tWD connector trails from Neighborhoods R-24 and R-25 in Village Five to Telegraph Canyon Road shall be combined intD one trail in Open Space Lot 1 and shall connect to the regional trail in one location. c. The maximum gradient for connector trails shall be 10%. Steeper grades of up to 12% for short runs of 50 feet may be permined subject to the approval by the Parks and Recreation Director. ..~__m_ ,.__ _._._____n ---- -----. -~--------_._,-_._,_._-._,--- Resolution 18686 Page 22 d. The graded section upon which the connecting trails are constructed shall be 10 feet in width. Six feet shall be provided for the trail bed, with a 2 foot graded shoulder on either side. e. Landscape and irrigation plans for the transit right-of-way shall be reviewed and approved by the Parks and Recreation Director in conjunction with the landscape plans for East Palomar Street. 75. Communitv Gardens: a. Community Gardens shall be consistent with the guidelines in the SPA One Parks, Recreation, Open Space and Trails Master Plan, including creation of the Community Garden Committee and their responsibilities. b. Water lines shall be stubbed from the nearest open space water meter to the site(s) in order to facilitate development of the Community Gardens. c. Community Garden sites shall be consistent with those identified on the tentative map. d. Maintenance of Community Gardens shall be funded by an Open Space Maintenance District, Homeowner's Associatión or other funding mechanism approved by the Director of Parks and Recreation and the City Engineer. e. Community Gardens shall not receive park credit. OPEN SPACE/ASSESSMENTS 76. Prior to the approval of the first final "8" Map, the developer shall: a. Submit and obtain approval of the SPA One Open Space Master Plan from the Director of Parks and Recreation. The Open Space Master Plan shall be based upon the approved Concept and Analysis Plan, the requirements of which are outlined in the City of Chula Vista Landscape Manual and include but are not limited to elements such as final recreational trail alignments and fencing and phasing. b. Request the formation of an Open Space District. pursuant to the 1972 Landscaping & Lighting Act or other financing mechanism approved by City Council. The district formation shall be submitted to Council for consideration prior to approval of the first final 8 map. Maintenance of the open space improvements shall be accomplished by the developer for a minimum period of one year or until such time as accepted into the open space district by the Director of Parks and Recreation. If Council does not approve the open space district formation, some other financing mechanism shall be identified and submitted to Council for consideration prior to approval of the first final map. 30 Resolution 1 8686 Page 23 "- Submit evidence acceptable to the City Engineer and the Director of Parks and Recreation of the formation of a Master Homeowner's Association (MHOA), or another financial mechanism acceptable to the City, which includes all the properties within the approved tentative map prior to approval of the first uB" Map. The MHOA shall be responsible for the maintenance of the improvements listed in Condition 76d. The City Engineer and the Director of Parks and Recreation may require that some of those improvements be maintained by the Open Space District. The final determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOA shall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Parks and Recreation require such annexation of future tentative map areas. The MHOA formation documents shall be approved by the City Attorney. d. Submit a list of all Otay Ranch SPA One facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetual maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: 1. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of turf, irrigated, and non-irrigated open space to aid in the estimation of a maintenance budget thereof. 2. Medians and parkways along East Orange Avenue (onsite and offsite), Paseo Ranchero, La Media Road, East Palomar Street (onsite and offsite) and all other street parkways proposed for maintenance by the open space district or Homeowners' Association. 3. The proposed detention basin in Telegraph Canyon and the fair share of the maintenance of the existing naturalized Telegraph Canyon Channel east of Paseo Ladera as determined by the City Engineer based on the proportional benefit received from the improvements. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and Corps of Engineers permit requirements. 4. The proposed detention basin and naturalized channel in Poggi Canyon. This includes but is not limited to the cost of maintenance and all cost to comply with the Department of Fish and Game and the Corps of Engineers permit requirements. .:21_._...... n_._."".__ ---------- ___...__ __mm________________ Resolution 18686 Page 24 5. Community Gardens 6. Pedestrian Bridges. 7. The proportional share of the maintenance of the median and parkways along that portion of Telegraph Canyon Road adjoining the development as determined by the City Engineer. 8. Parkways and open space lots proposed along Santa Cora Avenue within Neighborhoods R-22, R-23, and R-24. 9. Parkways along Santa Delphina Avenue within Neighborhood R- 11. 10. Trees planted within the 8-foot street tree easement adjacent to (1 )the western right-of-way line of Santa Delphina Avenue and (2) Lone Tree Drive to the south right of way of Park 6.3. e. Submit an initial deposit of $15,000 to begin the process of formation of the open space district. All costs of formation and other costs associated with the processing of the open space relating to this project shall be borne by the developer. f. Provide all the necessary information and materials (e.g., exhibits, diagrams, etc.) as determined by the City Engineer to prepare the engineer's report for the proposed open space district. 77. Include in the CC&Rs, if applicable, the obligation of the Homeowners' Association to maintain all the facilities and improvements within the open space lots rejected by the City prior to the approval of the final map containing said lots. 78. Grade a level, clear area at least three feet wide (face of wall to top of slope), along the length of any wall abutting an open space district lot, as measured from face- of-wall to beginning of slope, said area as approved by the City Engineer and the Director of Parks and Recreation. 79. Ensure that all buyers of lots adjoining open space lots containing walls maintained by the open space district sign a statement, when purchasing their homes, stipulating that they are aware that they shall not modify or supplement the wall or encroach onto the open space lots. These restrictions shall also be incorporated in the CC&Rs for each lot. 80. Agree to not protest formation or inclusion in a maintenance district or zone for the maintenance of landscaped medians and scenic corridors along streets within and adjacent to the subject subdivision. 81. If requested by the City, the Developer shall grant in-fee to the City on the appropriate final map, all open space lots shown on the tentative map and execute and record a deed for each of the lots to be maintained through the open space district or the HOA. Provide on the final map a certificate, pursuant to section 66477.2(a) of the 'A '7 . Resolution 18686 Page 25 Subdivision Map Act, rejecting those open space lots to be maintained by the Homeowner's Association. 82. Provide documentation, prior to the approval of the first final "8" Map, to the Director of Planning and the City Engineer that an annex able Mello-Roos District, or other financing mechanism approved by the Sweetwater High School District and the Chula Vista Elementary School District has been established to provide for construction of schools. 83. The update of the Public Facilities Development Impact Fee (currently being prepared) which incorporates the public facilities proposed in the Dtay Ranch SPA Dne shall be approved by City Council prior to the approval of any final "8" Map. 84. Prior to issuance of any grading permit which includes Landscaping and Irrigation (L & I) improvements to be installed in an open space lot to be maintained by the. open space district, the developer shall place a cash deposit with the City which will guarantee the maintenance of the L & I improvements, prior to City acceptance of said improvements, in the event the improvements are not maintained to City standards as determined by the City Engineer and the Director of Parks and Recreation. The amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months as determined by the City Engineer. Any unused portion of said deposit may be incorporated into the open space district's reserve at such time as the maintenance of the open space lot is assumed by the open space district. 85. Provide an 8-foot street tree easement adjacent to the western right-of-way line of Santa Delphina Avenue (within Neighborhood R-11) and to the south right of way of Lonetree Drive. 86. Ensure that all buyers of lots fronting residential streets constructed in accordance with Condition A sign a statement, when purchasing their homes, stipulating that (1) they are aware that the City will be responsible for the maintenance of the landscaping improvements located between the curb and the sidewalk (including City approved trees), and (2) they shall not replace or remove any trees planted between the curb and the sidewalk without the approval of the City. These provisions shall be incorporated in the CC&Rs for each lot. WATER 87. Provide to the City a letter from Dtay Municipal Water District indicating that the assessments/ bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 88. Present verification to the City Engineer in the form of a letter from Dtay Water District that the subdivision will be provided adequate water service and long term water storage facilities. EASEMENTS 33 - ----.--.-- --"" -, ._- .._--,-.---...,,-.---~.--'-"-'~--'--'----~----~"---'-'--""---"-- Resolution 18686 Page 26 89. Grant to the City a 10' wide easement for general utility purposes along public street frontage of all open space lots offered for dedication to the City unless otherwise approved by the City Engineer. 90. Indicate on the appropriate "B" Map a reservation of easements to the future Homeowners' Association for private storm drain and private sewer facilities within City open space lots as directed by the City Engineer. 91. Obtain, Drior to approval of any final "B" Map, all off-site right-of-way necessary for the installation of the required improvements for that subdivision thereto. The developer shall also provide easements for all on-site and off-site public drainage facilities, sewers, maintenance roads, and any other public facilities necessary to provide service to the subject subdivision. 92. Notify the City at least 60 days prior to consideration of the final map by City if off-site right-of-way cannot be obtained as required by the Conditions of approval. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification, the developer shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the tentative map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate to be approved by the City Engineer. c. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings as determined by the City Attorney. d. Request that the City use its powers of Eminent Domain to acquire right- of-way, easements or licenses needed for off-site improvements or work related to the final map. The developers shall pay all costs, both direct and indirect incurred in said acquisition. The requirements of a, band c above shall be accomplished prior to the approval of the appropriate Final Map. 93. Grant easements to subsequent owners pursuant to Section 1 B.20. 150 of the City Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 94. Grant to City on the appropriate final "B" Map two foot access easements along the rear and side property line of lots adjoining walls to be maintained by the open space district. The locations of these easements shall be as required by the Director of Parks and Recreation and the City Engineer to provide adequate access for maintenance of said walls. 3f Resolution 18686 Page 27 95. Grant on the appropriate final "8" Map the following: (1.) a minimum 15 foot wide drainage and access easement for storm drains located between residential units, and (2.) a minimum 20 foot wide sewer and access easement for sewerlines located between residential units. The City Engineer may approve that a reduced (stormdrain and/or sewer) easement width be granted at those locations where stormdrains are proposed adjacent to sewerlines. All other easements shall meet City standards for required width. AGREEMENTS/FINANCIAL 96. Enter into a supplemental agreement with the City, prior to approval of each final "8" Map, where the developer agrees to the following: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: 1. Regional development threshold limits set by the adopted East Chula Vista Transportation Phasing Plan have been reached. 2. Traffic volumes, levels of service, public utilities and/or services exceed the threshold standards in the then effective Growth Management Ordinance. 3. The applicant does not comply with the terms of the Reserve Fund Program. b. That the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch SPA One if the required facilities, as identified in the PFFP or as amended by the Annual Monitoring Program, have not been completed. c. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision approval. d. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. e. Ensure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot on public streets 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 36_ .-.. ..--.-...--..-- ---,.-----.--....-...-...- -,,- '..--'-'-'-~,"-'~'---' Resolution 18686 Page 28 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. f. Include in the Articles of Incorporation or Charter for the Homeowners' Association (HOA) provisions prohibiting the HOA from dedicating or conveying for public streets, land used for private streets (i.e., in multi- family areas) without approval of 100% of all the HOA members. g. ~nsure that all insurance companies are permitted equal opDortunity to go out to bid to provide a Cooperative Homeowner's Insurance Program (CHIP). h. Pay, upon Council approval of the Poggi Canyon Sewer Basin Development Impact Fee, the total amount of the fees for those lots of the final map which are located within the area of benefit of said facility and that obtained building permits prior to the establishment of said fee. 97. Enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of correctional facilities. 98. Prior to approval of the first final Map (including an "A" Map), or as otherwise determined by the Director of Planning, within SPA One and consistent with the City's Housing Element, Ranch-Wide and SPA One Affordable Housing Plans, the applicant shall enter into and execute with the City an Affordable Housing Agreement ("SPA One Affordable Housing Agreement") containing, but not limited to, the following provisions: (a.) The obligation to provide the total number of low and moderate income units required under the City's Affordable Housing Program, based on the number of dwelling units contained within the Master Tentative Map for SPA One; (b.) Identify the overall number of dwelling units within the Master Tentative Map for which the applicant can receive final map approval prior to the applicant selecting and guaranteeing, to the City's satisfaction, final affordable housing site(s); (c.) The number of dwelling units within the master tentative map area which can receive building permit authorizations prior to the applicant obtaining building permits for a specified number of the required low income units; and (d.) A description of what information must be provided in subsequent Project Level Affordable Housing Agreements. Upon its approval by the City, the terms and conditions of the SPA One Affordable Housing Agreement shall become conditions of this resolution, and is hereby incorporated herein by this reference. 99. The Applicant shall pay, prior to approval of the first "B" Map, their proportional share, as determined by the Director of Parks and Recreation, of a collaborative study analyzing local park needs for the area east of the 1-805 Freeway. -::S~ Resolution 18686 Page 29 100. Prior to the approval of the first final "B" Map, the Developer shall submit and obtain approval by the City Engineer of an "Improvement Phasing Schedule" which will identify the timing of construction of all backbone facilities and/or completion of the activity noted in the following table. The Improvement Phasing Schedule shall be consistent with the PFFP. COST ITEM TO BE INCLUDED IN IMPROVEMENT PHASING SCHEDULE FACILITY *Payment of Telegraph Canyon Basin For areas covered by backbone streets and all Drainage DIF common areas with include, but are not limited to, parks, schools, paseos and open space lots. * Acquisition/dedication of off-site drainage Poggi Canyon Channel (on-site and off-site) easement. and detention basin *Construction and maintenance (prior to City . acceptance). *Construction and maintenance (prior to City Telegraph Canyon Channel detention basin. acceptance). Security satisfactory to the City shall be provided for the above backbone facilities when their construction or compliance is triggered as identified in the approved Improvement Phasing Schedule. In addition to the foregoing, prior to approval of the first final "B" Map, the Developer shall provide security satisfactory to the City Engineer to guarantee the construction of the following: a. Full improvements of that portion of East Palomar Street contained within the tentative map boundaries including full improvements of the transit stop proposed in East Palomar Street at the Village Five core. b. Fair share of the improvements for the pedestrian bridges connecting Village One to Village Five, Village One to Village Two and Village Five to Village Six. The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City; 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfaction of the City Engineer that sufficient data or other information is available to warrant such reduction. SCHOOLS 101. The Applicant shall deliver to the School District, a graded elementary school site including utilities provided to the site and an all weather access road acceptable to the District, located within Village Five, prior to issuance of the 500th residential _.32..._. ..____ .-...-.._..--,.-~..-._.._-..,-,,-..- ""..._--._--- Resolution 18686 Page 30 buiiding permit {í 50 students!. The all weather access road shall also be acceptable to the Fire Department. This schedule is subject to modification by the School district as based on District facility needs. MISCELLANEOUS 102. Include in the Declaration of Covenants, Conditions and Restrictions (CC&Rs) provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. The CC&Rs shall also include provisions requiring the HOA to obtain an encroachment permit from the City prior to performing work on any private easement which may disturb any existing landscaping or any other public improvements. 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. The CC&R's shall also include language which states that any proposal by the HOA for dedication or conveyance for public purposes of land used for private streets (i.e., in multi-family areas) will require prior written approval of 100% of all the Homeowners' Association members. 103. Submit copies of Final Maps and improvement plans and storm drain plans in a digital format such as (DXFI graphic file prior to approval of each Final Map. Provide computer aided Design (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" HD or 3-1/2" disks prior to the approval of each Final Map. 104. Tie the boundary of the subdivision to the California System -Zone VI (1983). 105. The developer may submit and obtain the approval of the City of a master final map ("A" Map)showing "super block" lots corresponding to the units and phasing or combination of units and phasing thereof. Said "A" map shall also show the backbone street dedications and utility easements required to serve the "super block" lots. All "super" block lots created shall have access to a dedicated public street. Said "A" map shall not be considered the first map as indicated in other conditions of approval unless said map contains single or multiple family lots or a subdivision of the multiple family lots shown on the tentative map or unless otherwise indicated in said conditions of approval:. The City shall not require improvement plans in order to approve a final map for any "A" Map lots, but the developer shall provide security to guarantee the construction of the backbone facilities, prior to approval of any "A" Map in the following amounts: The amount of the security for the above noted improvements shall be 110% times a construction cost estimate approved by the City Engineer if improvement plans have been approved by the City, 150% times the approved cost estimate if improvement plans are being processed by the City or 200% times the construction cost estimate approved by the City Engineer if improvement plans have not been submitted for City review. A lesser percentage may be required if it is demonstrated to the satisfactiori of the City Engineer that sufficient data or other information is available to warrant such reduction. 3S? Resolution 18686 Page 31 Prior to approval of the first" A" Map, the Developer shall enter into an agreement where the Developer agrees that the subsequent development of a multiple family lot, which does not require the filing of a "8" Map, shall meet (prior to issuance of a building permit for that lot) all the applicable conditions of approval of the tentative map, as determined by the City Engineer. Construction of non-backbone streets adjacent to multiple family lots will not need to be bonded for with the final" A" Map which created such lot. However, such improvements will be required to be constructed under the Municipal Code provisions requiring construction of street improvements under the design review and building permit issuance processes. In the event of a filing of a final map which requires oversizing (in accordance with the restrictions of state law and City ordinances) of the improvements necessary to serve other properties, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties. The developer may seek repayment from other property owners through a reimbursement district. 106. Prior to approval of the first "A" Map, the Developer shall enter into an agreement to secure approval of a Master Precise Plan for the Village Five Core Area prior to submitting any development proposals for commercial, multi-family and Community Purpose Facility areas within the SPA Five Village Core. 107. Pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), the Applicant shall complete the following: (1.) Fund the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2.) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPAs and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 108. The applicant of each master tentative map shall be responsible for retaining a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. The project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. The project manager shall have a well rounded educational background and experience, including but not limited to land use planning and architecture. 109. The applicant shall submit copies of any proposed C.C. and R's for review and approval by the Director of Planning and the City Engineer prior to approval of each final "8" Map. 37 -- ---- _ ------_.._--~ --....--.-.. Resolution 18586 Page 32 110. Fully a::essible handicap access shall be provided at the ends of the following cul-de-sacs: Fawntail Drive, Sagetree Drive, Montana Drive. A::ess via stairs shall be provided at the ends of the following cul-de-sacs: Rimrock Drive, Thistlwood Avenue, Clovertree Drive, Bramblewood Drive, and Applegate Drive.. 111. If developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do so by obtaining the required approvals and permits from the City. The permits can be ao;¡roved or denied by the City in accordance with the City's Muni:ipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., final "B" Map and improvement plans) will be approved. All work performed by the developer prior to approval of the applicable "B" Map shall be at developer's own risk.. Prior to permit issuance, the developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. The developer shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. PHASING 112. The applicant shall submit to the City a revised phasing for review and approval prior to approval of the first final "B" Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. 113. If phasing is proposed within an individual map or through multiple final maps, the developer shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 114. The Public Facilities Finance Plan or revisions hereto shall be adhered to for the SPA and tentative map with improvements installed in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of SPA One, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other SPA One document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the SPA One's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market conditions, shall govern SPA One development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future Eastern Chula Vista Transportation Phasing L,L¡) Resolution 18686 Page 33 Plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. CODE REQUIREMENTS 115. 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. 116. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 117. Pay the following fees in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fee~f b. Signal Participation Fees c. All applicable sewer fees, including but not limited to sewer connection fees d. Interim SR-125 impact fee e. Telegraph Canyon Sewer Basin DIF f. Poggi Canyon Sewer Basin DIF as may be adopted by the City in the future g. Telegraph Canyon Basin Drainage DIF h. Reimbursement District for Telegraph Canyon Road Phase 2 Undergrounding i. Otay Ranch Reserve Fund fee. Pay the amount of said fees in effect at the time of issuance of building permits. 118. 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 demonstrate said compliance as required by the City Engineer. 119. Ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. Submit disclosure form for approval by the City Engineer prior to Final Map approval. 120. Comply with Council Policy No. 570-03 if pump stations for sewer purposes are proposed. 121. Comply with Council Policy No. 522-02 regarding maintenance of natural channels within open spaces. 122. The applicant shall comply with all aspects of the City of Chula Vista Landscape Manual. 123. The Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said if - - - .~--_. Resolution 18686 Page 34 chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). The applicant acknowledges that the City is presently in the process of amending its Growth Management Ordinance to add a proposed Section 19.09.105, to establish provisions necessary to ensure compliance with adopted threshold standards (particularly traffic) prior to construction of State Route 125. Said provisions will reouire the demonstration, to the satisfaction of the City Engineer, of sufficient street system capacity to accommodate a proposed development as a prerequisite to final map approval for that development, and the applicant hereby agrees to comply with adopted amendments to the Growth Management Ordinance. 124. Upon submittal of building plans for small lot single family (5,000 square feet or less as defined in the City of Chula Vista Design Manual) residential development, plans shall clearly indicate that 750 square feet of private open space will be provided. ," 125. All proposed development shall be consistent with the Otay Ranch SPA One Planned Community District Regulations. ¡j¡;¿- ÄTTACHMENT B CITY OF CHù"'LA. VISTA DISC".LDSLlŒ STA~i :.0'''': f:~ n:ow.red w :De &. Stllt~ of Dis:.iosure of ccnam owneISnm 0; f.::D.zn----a,j imcren¡. :Evme.nu.. 0: -...~,~ ~. on all ~ wiDci1 will ~ ciis...~t a::nœ em me ~ 0: ~ Cjry COUIl-~.'?iamunr CO~Sl~ anC £i otœr offi::W~. The iolio~ iníOrmaIJ~ IIJlØ: œ ciisci~sec:· - .. List the mmoa aÏ all pc:rs<m£ baYing a ñmn..'"1.Il íøm:st m the ~. u!"-,,,' wiric:h is the subject of the a;>pii=awm or the (' ~ e.g.. o~. a¡>pii::om. CDIIU1LCUJf. suix;omnIcto<. ::D81eI1&l supp.iie:-. =. ;;i""JV!"¡-··~- ~:--~" ~;:::r1"''''' . , ^ Ii any po:ør' ~ ~ to (1) above is a cmponmon or pennc:sírip. iist the """"'" of all inåiviåuaU -. owning DJ<m !Dan 10 % of IDe sDarea in the c:orpormon or owning any penneraDip iuœnoot in !boo ~. JilcMi~2.~n COßlDanies. L!,r (50%) Merced ?~~~ners i~rei~eà· ?a~~n~shiD (~O~) 3. If any J'I""'ZI* ., .·r..., 1""_ to (1) IIÌXIYe ill a....".....j¡ ~oftnn or a tnDt. Jilttbe...- of any penœ serving U åú...&u1 of the DOJ!-!>rOÍÏ! orv,,;..nnn or ø uuatee or .........,,,¡.'Y or t:rwItDI' af the truat. " 4. Have yon iIod more ÛJIm S250 worth of ¡...-. -. U"a'.......¡ wiIh any momber aÏ tbe City 1IIIff. :Boaå<. C......· . __. r............_. and Com>::Ïl witbintbeput tweivemoDlÌl&? Y",-No.L Ify.... pJeue~ penaa(1): 5. PIo8øe Ø:aiiy ...::II and evr:ry person. j,x,h..m.g I!!'IØ. ~. COIISI1iWIts. or ¡.vi.. r, Vont Contta::tOn ",-Dc you have ..n~ to represem you before ÛIe City :in tiris DJ81ter. :rai:: ::-·uku".ramê :-""'r;:::;:-iÎ =<.nvr.::--,": Bob ?2.e:.cher K:'m E11io"";; Garv r'~ rI't":-i 6. Have yaulllloryour offi= or agaø, in the agpepœ. cmarii:JUœd more ÛJIm S1.000 to a C~"""l n_ --., in the ameat or pnadiag eJection period? y__ No_ If Y"', state wiIi::Ï1 C"..""il .. r(1): '" '" '" (NOTE: Altad' A '" Date: I/hhe I , . l!1:J:sDD. is åeftned as: "Any inIiividwzL.ftrm. =-panner:rizip. joinJ """"''''. as;socimion. ;social ciIIb. ft=mDi orran:izazior.. corporazWn. esrau, mlSt. receiver. .synåictue. :iUs anD any ~r couzzr}", cizy, or CDIITIZT'y. ciry rrumicipo.i:ir)", åisrricr. or orñer poiizical suixiivision, or any œkr group or combinœion aaing as a unJz. H:\BOMElENGINErR-UNDDEV\FORMS\DISCLOSE.Fi1.M L/3 "~, ....--.""...--.--.. Ä\\ A,.--f I~ c- It ('\ G..J"'" ? \k\1i!lin Land De\'e]oD!7]~nt ;.. '.~-..:..:.:/ .. :"?~::J"'" - ! - ."" Dvember ~ S. 1998 0:ay Rancr, P~t5::rve Own::~ Manag::. ::0 Wu. Rob::=-: Leiter, Dirt::o¡ ::>;?nnino ~n": 3'1jJdinrr DO~?-m"n' - ...... =: 11" _.... :=; ...J............ ~ ern' OF CETLA \1ST-". 2ï6 Fourth Av::nu:: Chula Vista, CA 919J 0 RE: LA!\D COl\'VEYA...1IICE TO PRESERVE OWNER MANAGER ("POM") D::ar :Mr. L::it::r: 3y this l::tt::r. we rormal]y rtqu::st th:: Otay Ranch POM to i,1jt1ate the proc::ss to accept a total of 200.504 acres of miÚgaTIon propeny <!5 described on the attached maps and legal oescription (APN 64ï-130-03). The propeny is generally located southeiòSter]y of Otay Lake, 1;: the County or San Di::go, presently owned by Marl2l1 Communities. The miÚgation propeny is idemmed in the Amended Phase 2 Resource Management Pian as first priority conveyance ¡and. Mc]víillin Otay Ranch, LLC is currently in escrow to purchase the propeny. The calculated acreage needed to saÚsfy the mitigation requi~ements for MdvuIìin Otay Railch SPA One Ph<!5e 1 and SPA One Phase 2, is 200.08ï acres <!5 shown on the two attacheè plat :waps. The proposed mitigaTIon properry exceeds our Cll:Tent requiremem by 0.41 ï aerts, v.,ruch can be 2 ::reåit agains:: future requiremem:s. -v.'e funher request that our cash deposit being held by the City, to assure future purchas:: or mitigation land, be released upon demand to Oll!" escrow account (Escrow No. 98- ï699AS) v.~th First }\merican Title Company. The POM must decide quickJy if it will take ree ownership to the mitigation property or win require an "irrevocabJe offer of dedication." The conveyance property is pa.¡1 of a larger parcel that we are purchasing, which win be conveyeè as necessw"3' in the future. Weare currently pæparing a Phase One Site Assessment and a Preliminary Title Report ro. your inspection Tnese documems win be completed ne)ct weei:. We will deiiver them to you as soon as they a:-e available. 2:cinalI'tÏr\1Ïh::S\Zr.lX~·åO= .\\. i1 ~~~do¥IDenl .\\. .\\ McMiliIr. Rcahy McMillir.Mo~c McMillin Hom~ Mc:MiÜm Commttt:ia} :ORÞORAT:: 0=;:1::::: 2727 HOOVËR /.,\'=NU= NATlDNA!.. CIT':' :,¡.. 9~25:' TEL (619} -<7'7-:~¡7 FAX (619) 336-3~~:: _.m::milltn.com . ~: '....ou havt a~·; au~stion5 J; reauire further inÍormation, DJ~2:Se contact mt at (619) ~:;f.-: -: ~ ~ - '. . ~m:~reJy, -_. llick Rosabr, Planm:¡g D;:pa.¡,m;:nt --. Georg;: Kæmpl, CiIY Manag;:r' s Orne;: Don Kno)'., McMillin Land D;:veJopm;:nt .tulg;:jjqœ Siz;:mor;:, First Am;:rican Title Company E:..œ:.a.m\fiics\c:raig·li.d!:õ.åc:- .--' If!; ~___ 0 - ______ _0- 0.___.__..' .. .,._ .____..__._..._.___ .__. _. _._____ COUNCIL AGENDA STATEMENT Item ;)..;Z Meeting Date 1218/98 ITEM TITLE: ð Resolution / ?-2JrêJ of the City Council of the City ofChula Vista, California, approving the amended Council Policy No. 505-02 (Early liening assessment procedure and origination charge policy) (J Resolution /'72.. 91 of the City Council of the City ofChula Vista, California, approving the Second Amended Acquisition/Financing Agreement for Assessment District No. 97-2 (Otay Ranch, Village One). ? Resolution / 9J..!J~ of the City Council of the City ofChula Vista, California, Authorizing and providing for the issuance of limited obligation improvement bonds, approving the fonn of Bond Indenture, Bond Purchase Contract and other documents and authorizing certain actions in connection therewith. SUBMITTED BY: Director of Public Work~ REVIEWED BY: :::::~~ (4/5ths Vote: Yes_NoX) Staff recommends that this item be continued to the meeting of December 15, 1998. H :\HOME\ENGINEER\AGENDA \97-285_9. WPD :2:2 -0 ---.,--.. -- -_._._---~.. I COUNCIL AGENDA STATEMENT Item JJ- Meeting Date 12/8/98 ITEM TITLE: A. Resolution /93t1.1ofthe City Council of the City ofChula Vista, California, Amending the City of Chula Vista Statement of Goals and Policies Regarding the Establishment Community Facilities Districts. B. Resolution) 9:10/ of the City Council of the City ofChula Vista, California, approving the AcquisitionlFinancing Agreement with McMillin Otay Ranch for Community Facilities District No.97-3 (McMillin Otay Ranch SPA One) C. Resolution /93tJ~ of the City Council of the City ofChula Vista, California, acting in its capacity as the legislative body of Community Facilities District No.97-3 (McMillin Otay Ranch SPA One) declaring the results of a special election in such Community Facilities District. D. Ordinance ,;)? ¡;, Yof the City Council of the City of Chula Vista, California, acting in its capacity as the legislative body of Community Facilities District No.97-3 (McMillin Otay Ranch SPA One) authorizing the levy of a special tax in such Community Facilities District. SUBMITTED BY: Director of Public Work~ 6fJ REVIEWED BY, c¡~ M<M'" ~~ ~ ~ (<15th. V.", Y~J<'XJ On November 24, 1998, the City Council held e public hearing for the formation of Community Facilities District No. 97-3. This district will fund the construction of backbone infrastructure within the McMillin Otay Ranch SPA I project. Tonight's Council action will certify the results of a special election where the qualified electors of the District were asked whether the levy of this special tax should be authorized. In addition, Council will be considering an amendment to the current CFD Policy which requires that a project be fully completed and accepted by the City prior to acquisition. The amended policy will allow for the acquisition of complete discrete components of a project. Said amended policy is incorporated in the proposed amendment to the AcquisitionlFinancing Agreement which establishes the procedure for acquiring the improvements from the developer. RECOMMENDATION: That Council: 1) Approve the Amended CFD Policy 2) Approve the resolution approving the form of the AcquisitionlFinancing Agreement with the McMillin Company for the acquisition of facilities constructed by Community Facilities District No. 97-3 3) Approve the resolution declaring the election results for CFD No. 97-3, and 4) Introduce for first reading of the ordinance authorizing the levy of a special tax in Community Facilities District No. 97-3 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: At the Council Meeting of November 24, 1998, the City Council held the public hearing for the formation of Community Facility District No. 97-3. This public hearing was held pursuant to the provisions of the ,;),31 Page 2, Item_ Meeting Date 12/8/98 "MeJlo-Roos Community Facilities Act of 1982". The City Council also approved the resolutions establishing CFD No. 97-3, and authorized the submittal of the tax levy to the qualified electors. District Boundaries Exhibit I presents the boundaries of the proposed CFD which includes all parcels located within the Otay Ranch McMillin SPA One (total acreage =290). At buildout, the district would contain a total of 538 Single Family Residences, 160 Attached Residences, 776 Multifamily Residences, 3 Acres of commercial and 5 Acres for Community Purpose Facilities (churches, day care, ballfields, etc.). The Improvements Preliminary estimates show that the district would support a total bond indebtedness of approximately $10.7 million. A bond sale amount of $10.7 million will finance approximately $9 million in facilities (i.e. grading, landscaping, streets, utilities, drainage, sewer, pedestrian bridges, etc). The balance will provide for a reserve fund, capitalized interest and pay district formation and bond issuance costs. The developer is proposing the financing of backbone streets and associated improvements (i.e., grading, sewer, streets, dry utilities), a pedestrian bridge, and backbone utilities described below. CFD Policy requires a determination of the priority for the acquisition of improvements by a CFD. Staff prioritized the developer's list of projects as follows. The developer has not objected to said priority list. Priority Facilitv I A portion of Olympic Parkway (offsite), from Paseo Ranchero to Brandywine Avenue up to $4.7 million 2 La Media Road, from Telegraph Canyon Road to East Palomar Street 2 East Palomar Street west of Santa Cora Avenue 2 Santa Cora Avenue north of East Palomar Street and a sewer trunk line extending to the north 3 Santa Cora A venue south of East Palomar Street 3 East Palomar Street, east of Santa Cora Avenue 4 La Media Road, from East Palomar Street to Olympic Parkway 4 Olympic Parkway (onsite), within the subdivision boundaries 4 Pedestrian bridge over La Media Road Priority I is assigned to offsite Olympic Parkway which is a key facility for developing the Eastern Territories of the City. The Acquisition/Financing Agreement allocates $4.7 million of the bond proceeds for the construction of offsite Olympic Parkway. This is the estimated fair share of McMillin for constructing this facility. Priority 2 has been assigned to those improvements necessary for developing Phase I of the Otay Ranch McMillin project (currently under construction). Priority 3 and 4 projects would serve future phases of the subdivision. Staff recommends Council approval of the proposed ranking. The Acquisition/Financing Agreement will include the list of facilities to be financed by CFD 97-3 and assigned priority. The location of the proposed facilities is presented in Exhibit I. The total improvements suggested by McMillin for inclusion in the district would cost around $14.0 million. As mentioned before, it is estimated that only $9 million will be able to be funded by the CFD. On October 20, 1998, Council adopted the "Resolution Declaring Intention to Issue Bonds" approving a maximum bond authorization of $13.5 million. The actual amount to be financed by CFD 97-3 would be determined after bond sale when the final interest rate on the bonds and final value-to-lien ratios are known. Ultimately, as subdivision exactions, the developer will finance improvements that this CFD district cannot finance. d- J -- ;;2. Page 3, Item_ Meeting Date 12/8/98 Maximum Taxes The rate of special tax for a variety of dwellings is presented below. In accordance with CFD Policy, these taxes are not subject to escalation. * Single Family Detached (1920 SF) $752 * Single Family Detached (1200 SF) $470 * Attached (1100 SF) $431 * Multi Family (1000 SF) $392 * Commercial 1 Industrial ( I Acre) $4,000 * Community Purpose Facility (I Acre) $1,000 * Vacant Land (I Acre) $7,954 These taxes may be reduced at the close of escrow for any residential unit if the "2% maximum tax" criteria is not met. In this case, the developer/builder will be required to provide cash to buy down the taxes and/or assessments to an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate tax to be paid by the purchaser of the house meets the City's criteria. Election Results On December I, 1998 the special election was held at the City Clerk's office. In accordance with the Mello-Roos Act, since no registered voters were identified by the Registrar of Voters within the CFD, the election was held by the property owners. Each property owner having one vote for each acre or portion of an acre that he or she owns within the CFD. Staff has tallied the ballots cast in this special election with the results showing 97 % of the votes cast in favor oflevying the proposed special tax. The Mello-Roos Act provides that if two thirds (2/3) of the votes are in favor, the City Council may proceed to levy the special tax. Resolutions By approving the proposed resolutions, Council will be accomplishing the following: The "Resolution approving the amended CFD Policv "will allow for the acquisition of complete discrete components of a Project. Tonight, Council is also considering a similar amendment to the Assessment District Policy. Current Policy (see Exhibit 2, page 5) requires that a "project" be fully completed and accepted by the City prior to acquisition. Said Policy defines "project" as all the improvements within a particular street or easement including water, drainage, sewer, drainage, and utilities. The amended policy (see Exhibit 2, page 5) establishes that Council may, at its sole discretion, approve a waiver or deviation from the policy in its consideration of approval of an Acquisition/Financing Agreement to authorize the acquisition of discrete components of a "project". Under the amended policy, portions of a road that can stand alone (grading & drainage, paving lutilities, landscaping) may be acquired separately. The amended policy also states that Council may condition the acquisition of said discrete components as the City Council deems necessary to insure the financial integrity of the assessment district. The developer contends that a reimbursement schedule based on discrete components would greatly improve their construction cash flow. Staff considers that the proposed policy would provide enough flexibility by I) leaving the final decision to Council on a case-by-case basis, and 2) allowing to impose conditions on the acquisition of discrete components. Council approval of the "acquisition by discrete components" and applicable conditions would be memorialized in the corresponding Acquisi- tion/Financing Agreement. .1-:J~ 3 Page 4, Item_ Meeting Date 12/8/98 The "Resolution ADDfovinl! the Acquisition I Financinl! Al!reement" will approve the agreement establishing the procedure for acquiring the improvements /Tom the developer. The agreement has provisions allowing acquisition by complete discrete components of a "project", similar to the proposal for the adjacent AD 97-2. The agreement provides that the City may reimburse 75% of the total cost of the drainage, paving, utilities, and landscaping improvements upon the detennination by the City Engineer that those improvements have been installed per approved plans with required City inspections. Those facilities may not be functional, at that time, and certain activities (i.e., testing, completion of punch list, preparation of as-built drawings) may still be pending. The 25% final payment may be made once all project within a phase are fully completed and accepted by the City (grading is the exception where 100% rather than 75% is reimbursed at the time the City Engineer detennines the grading and drainage has been installed per plans). The agreement also conditions the purchase of said discrete component to developer's compliance with all the applicable conditions and obligations imposed on the property within CFD 97-3 pursuant to the land use entitlements approved by the City, including but not limited to, payment of all applicable fees, dedication of right-of-ways or other property (i.e., parks, open space, etc.), payment of assessment installments or special taxes, and construction of all applicable public improvements. Staff has reviewed the proposed agreement and believes that I) the 25% payment retention, and 2) the condition requiring compliance with approved land use entitlements will provide enough security to guarantee completion of the improvements while insuring the financial health of the district. The City retained the finn of Brown, Diven, Hessel & Brewer as Bond Counsel for AD 97-2. They already reviewed and approved the fonn of the proposed agreement. The "Resolution Declarinl! the Election Results" is the fonnal action of the City Council approving the results of the election to fonn CFD No 97-3. The "Ordinance Authorizinl! the Levv of SDecial Taxes" is the fonnal action authorizing the levy of special taxes as set forth in the Special Tax Fonnula previously approved by the City Council. Future Actions . The issuance of bonds is anticipated in March of 1999 and the acquisition of improvements planned for the second quarter 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 fonnation (estimated at $25,000) and administration activities. Staff anticipates that most of the 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 I CFD Boundary 2 Current Policy & Proposed Changes to CFD December 2, 1998 c23-( H:\HOME\ENGINEER\AGENDA\CERT97-3.LDT RESOLUTION NO. /5'.3 tJ¿) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY OF CHULA VISTA STATEMENT OF GOALS AND POLICIES REGARDING THE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS WHEREAS, current policy requires that a "project" be fully completed and accepted by the City prior to acquisition; and WHEREAS, said policy defines "project" as all the improvements within a particular street or easement including water, drainage, sewer, drainage, and utilities; and WHEREAS, it is now recommended that the policy be amended to establish that Council may, at its sole discretion, approve a waiver or deviation from the policy in its consideration of approval of an Acquisition/Financing Agreement to authorize the acquisition of discrete components of a "project"; and WHEREAS, under the amended policy, portions of a road that can stand alone (grading and drainage, paving/utilities, landscaping) may be acquired separately; and WHEREAS, the amended policy also states that Council may condition the acquisition of said discrete components as the city Council deems necessary to insure the financial integrity of the assessment districts; and WHEREAS, the proposed policy would provide enough flexibility by (1) leaving the final decision to Council on a case- by-case basis and (2) allowing the imposition of conditions on the acquisition of discrete components. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby amend the City of Chula vista Goals and policies regarding the Establishment of Community Facilities Districts, attached hereto and incorporated herein by reference as if set forth in full. Presented by Approved as to form by CJv.... rvlt~~. John P. Lippitt, Director of John M. Kaheny, city Public Works Attorney H: \home\lorraine\rs\goals. 973 2319 -/ RESOLUTION NO. 19301 RESOLUTION OF THE CITY COUNCil OF THE CITY OF CHUlA VISTA, CALIFORNIA, APPROVING THE FORM OF AN ACQUISITION/FINANCING AGREEMENT PERTAINING TO COMMUNITY FACILITIES DISTRICT NO. 97-3 (MCMilLIN OTA Y RANCH SPA ONE) WHEREAS, the City Council has previously declared its intention and held and conducted proceedings relating to the levy of special taxes and the issuance of bonds in a community facilities district to finance the acquisition of certain public improvements, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982, " being Chapter 2.5. Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"), said Community Facilities District designated as COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMilLIN OTAY RANCH SPA ONE) (the "District"); and WHEREAS, the District was formed for the purpose of financing the acquisition of such public improvements from McMillin Otay Ranch, LlC, the master developer of the property within the District (the "Developer"); and WHEREAS, the City and the Developer have negotiated the terms and conditions pursuant to which the public improvements are to be constructed by the Developer and acquired by the City and bonds are to be issued to finance the acquisition of such public improvements and such terms and conditions have been memorialized In an Acquisition/Financi ng Agreement by and between the City and the Developer (the "Acquisition/Financing Agreement"), the form of which has been presented to this City Council for its consideration and approval. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The form of Acquisition/Financing Agreement, herewith submitted, is approved substantially in the form submitted, a copy of which is on file in the office of the City Clerk, known as Document Number C098-256. The Mayor is hereby authorized to execute the final form of such agreement on behalf of the City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes in such agreement deemed to be in the best interests of the City, approval of such changes to be evidenced by the execution of such agreement. Prepared by Approved as to form by John P. Lippitt John Kaheny Public Works Director City Attorney .:2313-/ / , i): ._:'i, r/ ' Resolution 19301 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of December, 1998, by the followin9 vote: AYES: Council members: Davis, Padilla, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot Shirley Horton, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO I CITY OF CHULA VISTA I I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 19301 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of December, 1998. Executed this 15th day of December, 1998. Beverly A. Authelet, City Clerk ;(3 tð -c:L RESOLUTION NO. ¡tj3tJ.2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN OTA YRANCH SPA ONE) DECLARING THE RESULTS OF A SPECIAL ELECTION IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has previously declared its intention and held and conducted proceedings relating to the levy of special taxes and the issuance of bonds in a community facilities district, as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982 ", being Chapter 2.5. Part I, Division 2, Title 5 of the Government Code of the State of California (the "Act"), said Community Facilities District designated as COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN OTA YRANCH SPA ONE) (the "District"); and, WHEREAS, this City Council did call for and order to be held an election to submit to the qualified electors of the District a proposition relating to the levy of special taxes and the issuance of bonds and a separate proposition relating to the establishment of an appropriations limit for the District; and, WHEREAS, at this time said election has been held and the measures voted upon and each such measure did receive the favorable 2/3's vote of the qualified electors, and this City Council desires to declare the results of the election in accordance with the provisions ofthe Elections Code of the State of California. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN OTA Y RANCH SPA ONE), AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. This City Council hereby receives and approves the CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST, as submitted by the City Clerk, acting in her capacity as the Election official, said Statement setting forth the number of votes cast in the election, the measures voted upon, and the number of votes given for and/or against the measures voted upon. A copy of said Certificate and Statement is attached hereto, marked Exhibit "A", referenced and so incorporated. I :23 c-/ SECTION 3. The City Clerk is hereby directed, pursuant to the provisions of the Elections Code of the State of Cali fomi a, to enter in the minutes the results ofthe election as set forth in said STATEMENT OF VOTES CAST. PREPARED BY: APPROVED AS TO FORM BY: Q..,... ~ ~~ John P. Lippitt John Kaheny " Director of Public Works City Attorney 2 J3C- -2 - ...---.--^ CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN OTA Y RANCH SPA ONE) SPECIAL ELECTION in said City, held December 1, 1998. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in said District in said City, and the whole number of votes cast for the Measures in said District in said City, and the totals of the respective columns and the totals as shown for the Measures are full, true and correct. I. TOTAL NUMBER OF VOTES CAST: cfZcÞ~ II. VOTES CAST ON PROPOSITION A: YES x: NO III. VOTES CAST ON PROPOSITION B: YES K' NO WITNESS my hand and Official Seal this /Ý ;Ý~, 1998. day of ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA EXHIBIT "A" A-I d-JL ---;J ORDINANCE NO. :2.?tY' ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN OTAY RANCH SPA ONE) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote ITom the qualified electors authorizing the levy of a special tax in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 97-3 (McMILLIN OT A Y RANCH SPA ONE) (the "District"). BE IT ORDAINED AS FOLLOWS: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes pursuant to the rate and method of apportionment of the special taxes as set forth in Exhibit "A" attached hereto (the "Rate and Method"), referenced and so incorporated. SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied for the then current tax year or future tax years, except that the special tax to be levied shall not exceed the maximum special tax calculated pursuant to the Rate and Method, but the special tax may be levied at a lower rate. SECTION 3. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 4. The special tax shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. INTRODUCED AND FIRST READ at a regular meeting of the City Council of the City ofChula Vista, California, on December 8 ,1998; 1 c23 P ~ / Presented by Approved as to form by John P. Lippitt, Director CL- ~~ ~}- John M. Kaheny, City Attorn of Public Works ;l:J p ~.2 ...--.-.... -------- --.-.....---.-.-...----.-.-..- ----..-.----. --_._~---~---_.- Exhibit "A" . RATE A1\1J) METHOD OF APPORTIOJl,¡MENT FOR CITY OF CHULA VISTA COl\1MlJ1',"'ITY FACILITIES DISTRICT NO. 97-03 (OTAY RANCH MC MILLIN SPA ONE) A Sp:':cial Tax as h:':r:':inafter defmed shall be levied on all Assessor's Parcels of Taxable Property in City of Chula Vista Community Facilities District No. 97-03 ("CFD No. 97-03 ") and collected each Fiscal Year commencing in Fiscal Year 1999-2000, in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," "Taxable Propeny Owner Association Propeny," and "Undeveloped Propeny" as described below. All of the real propeny in CFD No. 97-03, unless exempted by law or by the provisions hereof, shall be taxed for the purposes. to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps are not available, the Acreage shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Atlmini<trative Expenses" means the following actual or reasonably estimated costs directly related to the administration of CFD No. 97-03: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 97-03 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 97-03 or any designee thereof of complying with City, CFD No. 97-03 or obligated persons disclosure .. requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 97-03 or any designee thereof related to an appeal of the Special Tax; and the costs associated with the release of funds from an escrow account, if any. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 97-03 for any other administrative purposes of CFD No. 97-03, including attorney's fees and other costs 8'~ 237/-3 City of Chula Vista --- October 8, J 998 _. Co,!,munit)' Facilities Distri:~IVo._.~!:q3 Page J .- , related to ~ommencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent special tax payments, foreclosure proceeds, the portion of proceeds of Backup Special Tax payments and Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture. "Backup Special Tax" means the special tax that is required to be paid as a condition precedent to the issuance of building permits or recordation of fmal maps, as detennined in accordance with Section E below. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD No. 97-03 under the Act. "CFD Admini.trator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 97-03" means City of Chula Vista Community Facilities District No. 97-03 (Otay Ranch McMillin SPA One). "City" means the City of Chula Vista. "Council" means the City Council of the City, acting as the legislative body of CFD No. 97-03. "Commercial Property" means all Assessor's Parcels of Developed Property for which a building permit(s) was issued for a non-residential use, excluding Community Purpose Facility Property. .. "Community Purpose Facility Property" means all Assessor's Parcels of Developed Property which are classified as community purpose facilities and meet the requirements of City of Chu]a Vista Ordinance No. 2452. "County" means the County of San Diego. ~ j3þ~( City of Chula Vista October 8, 1998 Community Facilities District No. 97-03 Pa!!,2 , "Developed Property" means, for each Fiscal Year, al1 Taxable Properry, exclusive of Taxable Properry Owner Association Properry for which a building permit for new construction was issued prior to April 1 of the prior Fiscal Year. "Development Projection" means an annual calculation for each Planning Area of CFD No. 97-03 of (i) the number and total Residential Floor Area of existing dweIling units of Residential Property, the number of existing Acres of Commercial Property, and the number of existing Acres of Community Purpose Facility Property and (ii) a projection of al1 future development, including the acreage, projected number of residential dwelling units, projected Residential Floor Area, projected Commercial Property Acres, projected Community Purpose Facility Property Acres, and an absorption schedule for al1 future development in CFD No. 97-03. The Development Projection shal1 be dated as of April 1 and prepared each Fiscal Year by the Master Developer. Upon submittal, the CFD Administrator shall review, modifY if necessary, and approve the Development Projection. If the Development Projection is not received by the CFD Administrator on or before May 1, the CFD Administrator shall then prepare or cause to be prepared a Development Projection. "Final Residential Subdivision" means a subdivision of pro perry created by recordation of a final map, parcel map, or lot line adjusnnent, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individuallot5 for which residential building permits may be issued without further subdivision of such property . "Fiscal Year" means the period staning July 1 and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1. "Master Developer" means the owner or owners of ""the predominant amount of Undeveloped Property in CFD No. 97-03. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C below, that may be levied in any Fi~al Year on any Assessor's Parcel of Taxable Properry. "Occupied Residential Property" means all Assessor's Parcels of Residential Properry which have closed escrow to an end user. "Outstanding Bonds" means al1 Bonds which remain outstanding. ~ J37)-.? City of Chula Vista October 8, 1998 . .Commu_ni.ty Facilities District No. 97-03 Pafe 3 ---.------- · "Planning Areas" means those areas shown on Exhibit A. Minor adjustments in the boundaries of the Planning Areas may be made by the CFD Administrator to conform to the tentative and final maps approved for these areas. "Property Owner Association Property" means any property within the boundaries of CFD No. 97-03 owned by or dedicated to a property owner association, including any master or sub-association. "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Maximum Annual Special Tax is equal for all Assessor's Parcels of Developed Property within CFD No. 97-03. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property in CFD No. 97-03. "Public Property" means any property within the boundaries of CFD No. 97-03 that is used for rights-of-way or any other purpose and is owned by or dedicated to the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by reference to appropriate records kept by the City's Building Deparunent. Residential Floor Area will be based on the building permit(s) issued for each dwelling unit prior to it being classified as Occupied Residential Property, and shall not change as a result of additions or modifications made after such classification as Occupied Residential Property. "Special Tax" means the (i) annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement and (ii) the backup special tax that may be required as a result of changes in development. "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 97-03 to: (i) pay annual debt service on all Outstanding Bonds; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payme¡¡ts on the Bonds; (iii) pay reasonable Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; (v) and pay directly for acquisition and/or construction of which are authorized to be financed by CFD No. 97-03; (vi) less a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 97-03 which are not exempt from the S ecial Tax ant to law or Section F below. -/ City of Chula Vista October 8, 1998 Community Facilities District No. 97-03 Pa!!e 4 , "Taxable Property Owner Association Property" means all Assessor's Parcels of Property Owner Association Property that are not exempt pursuant to Section F beJow. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Taxable Property Owner Association Property. B. ASSIG!Ii"MENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within CFD No. 97-03 shall be classified as Developed Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. Developed Property shaIl be assigned to Land Use Classes I through 3 as listed in Table I based on the primary land use of each such Assessor's Parcel. The Maximum Annual Special Tax for Residential Property shall be based on the Residential Floor Area of the dweIling units located on the Assessor's Parcel. The Maximum Annual Special Tax for Commercial Property and CommUIrity Purpose Facility Property shaIl be based on the Acreage of the Assessor's Parcel. C. MAXIMlJM ANNlJAL SPECIAL TAX RA.TE 1. Developed Property The Maximum Annual Special Tax for each Land Use Class of Developed Property shaIl be the amount shown in Table I below. TABLE! Maximum Annual Special Taxes for Developed Property Community Facilities District No. 97-03 . Land Use Class Description Maximum Annual Special Tax I Residential Property $0.392 per square foot of Residential Floor Area .. 2 Commercial Property $4,000 per Acre 3 Community Purpose Facility Property $1, 000 per Acre $C.// .137/--/ City of Chula Vista October 8, 1998 . (;om",.unity Facilities District No. 97-03 ------- Pal!e 5 ....--"....- 2. Undeveloped Property and Taxable Property Owner Association Property The Maximum Annual Special Tax for Undeveloped Property and Taxable Property Owner Association Property in CFD No. 97-03 shall be $7,954 per Acre. D. METHOD OF APPORTIONME1'.'T OF THE SPECIAL TAX Conunencing with Fiscal Year 1999-2000 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be 1evied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100 % of the applicable Maximum Annual Special Tax. Second: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property at up to 100% of the Maximum Annual Special Tax for Undeveloped Property; Third: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst two steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel of Taxable Property Owner Association Property at up to the Maximum Annual Special Tax for Taxable Prop.erty Owner Association Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Occupied Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel within the CFD. E. BACKUP SPECIAL TAX The following defInitions apply to this Section E: "Actual Average Special Tax Per Unit" means, for each Planning Area, the Actual Special Tax Revenue divided by the sum of the number of units included in any current building permit application(s) plus the number of units within such Planning Area for which building permits have previously been issued. Any building permits issued after ,¥1 Assessor's Parcel has been classifIed as Occupied Residential Property shall not be included in determining the Actual Average Special Tax Per Unit. "Actual Special Tax Revenue" means, for each Planning Area, the sum of the total Residential Floor Area shown on any current building permit application(s) plus the total Residential Floor Area from any previously issued building permits within the Planning Area multiplied by the applicable Maximum Annual Special Tax. Any building permits issued after an Assessor's Parcel has been classifIed as Occupied Residential Property shall not be included in determining the ACtual~ Tax Revenue, p ~ -/~z 23 I .- City of ChuIa Vista October 8, 1998 (;o",-nzullityJ'acilities District No. 97-03 Page 6 · "Backup Special Tax Fund" means, for each Planning Area, the fund or account identified in the Indenrure to hold Backup Special Tax payments received from property owners within such Planning Area. "Expected Special Tax Revenue" means, with respect to each Planning Area, the amount shown in the column so labeled in Table 2 "Required Average Special Tax Per Unit/Acre" means, for each Planning Area, the Expected Special Tax Revenue divided by the total expected number of dwelling units or non-residential Acres (as applicable) expected to be developed within the Planning Area, as determined by the CFD Administrator based on tentative maps, Final Residential Subdivision maps, the Development Projection, and all other relevant infonnation available to the CFD Administrator. In cases where residential and non-residential property are both included within a Planning Area, the CFD Administrator may adjust the Required Average Special Tax Per Unit/Acre as necessary. "Share of Annual Debt Service" means, for each Planning Area, the maximum annual debt service on the Bonds multiplied by that Planning Area's percentage of the total Special Tax revenue, as shown in Table 2 below. A Planning Area's Share of Aruma! Debt Service shall be adjusted to reflect any prepayments within that Planning Area. I. Expected Development and Special Tax Revenues Table 2 below identifies the amount of development and Special Tax revenue that is currently expected from each Planning Area. Table 2 may be revised by the CFD Administrator if the Planning Area boundaries are modified. .. ~ ..2Jp -1 City of Chula Vista October 8, 1998 ._r::omm_u"ity Facilities District No. 97·03 .-.",---.---,-. Pa~e 7 ... , TABLE 2 Expected Development and Special Tax Revenue by Planning Area Community Facilities District No. 97-03 NUMBER EXPECTED OF TOTAL SPECIAL PERCENT PLA)\;NING EXPECTED UNITSI RESIDENTIAL TAX OF TOTAL AREA PRODUCT TYPE ACRES FLOOR AREA REVENUE REVENUE R-I-11 Residential PropertY 120 units 344,760 $135,146 14.22 % R-I-22 Residentia] ProDerty 86 units 156,864 $61,491 6.47% R-I-23 Residential PropertY 87 units 173,391 $67,969 7.15% R-I-24 Residential Prooerty 13 8 units 352,038 $137,999 ]4.52% R-I-46 Residentia] PropertY 117 units 158,535 $62,I46 6.54% CPF-I-4 Community Purpose 4.8 acres NA $4,800 0.5I % Facilitv PrODertY R-I-12 Residential Property 103 units 205,279 $80,469 8.48% R-I-4] Residential PropertY·· 90 units 166,500 $65,268 6.87% R-I-42 Residentia] PropertY 74 units 134,976 $52,911 5.57% R-I-40 Residentia] Propertv 20 I units 251,250 $98,490 10.37% R-I-43 Residential Property 240 units 234,000 $9],728 9.65% R-I-44 Residential PropertY 200 units I95,000 $76,440 8.05% R-I-45 Residential PropertY ]8 units 17,550 $6,880 0.72% C-I-2 Commercia] Property 2.] acres NA $8,400 0.88% TOTAL NA 1,4 74 units NA $950,137 100.00% 2. Calculation of Required Average Special Tax Per Unitl Acre At the time the first building permit application for a Planning Area is submined to the City, the CFD Administrator shall calcu]ate the Required Average Special Tax Per Unit/Acre. 3. Backup Special Tax due to Loss of Units/Acres If at any time after the Required Average Special Tax Per Unit! Acre has been calculated initially for a Planning Area, the CFD Administrator determines that based on tentative maps, Fina] Residentia] Subdivision maps, the Deve]opment Projection, and any other available information there has been a reduction in ¡,Þe total expected number of dwelling units or non-residential Acres within that Planning Area, then a Backup Special Tax payment shall be required for each lost unit or Acre prior to the issuance of any additional building permits or the recordation of any additional final maps for such Planning Area. 4. Backup Special Tax due to Loss of Residential Floor Area For Planning Areas that include Residential Property, before each building permit ~C-)f ;¿Jy-/¿J City of Chula Vista October 8, 1998 Community Facilities District No. 97-03 Pa!!e 8 · (or group of permits) is issued. the CFD Administrator shaH calculate the Actual A verage Special Tax Per Unit for the Planning Area. If the Actual Average Special Tax Per Unit is less than the Required Average Special Tax Per Unit then a Backup Special Tax payment wiH be required prior to issuance of the buiJding permit(s) included within the calculation. 5. Calculation of Backup Special Tax The Backup Special Tax payment amount will be calculated using the prepayment formula described in Section 1.1, with the foHowing exceptions: (i) if the Backup Special Tax is required as a result of Section E.3, then the amount used in Paragraph 1 of the prepayment formula described in Section 1.1 shall equal the number of lost units or Acres, as applicable, times the Required Average Special Tax Per Unit/Acre; (ii) if the Backup Special Tax is required as a result of Section EA, then the amount used in Paragraph 1 of the prepayment formula described in Section 1.1 shall equal the difference between the Actual Average Special Tax Per Unit and the Required Average Special Tax Per Unit times the sum of the number of units for which permits are being issued plus the number of units within the Planning Area for which building permits have previously been issued. The amount determined pursuant to the preceding sentence shall be reduced by the balance in the Backup Special Tax Fund that has been established for such Planning Area; (iii) in Paragraph 5 of the prepayment formula described in Section 1.1, compute the amount needed to pay interest on the Bond Redemption Amount until the first redemption date that occurs after five years from the date of the first Backup Special Tax payment in the Planning Area; (iv) any Backup Special Tax payments received for a Planning Area (less Administrative Fees and Expenses) shall be deposited into the Backup Special Tax Fund for that Planning Area and disbursed pursuant to the Indenture; and (v) the Maximum Annual Special Taxes applicable to property within a Planning Area shaH not be reduced or relieved as a result of payment of the Backup Special Tax. 6. UselRelease of Backup Special Tax Payments When a Planning Area reaches full buildout (i.e. all e~pected building permits have been issued), the CFD Administrator shall calculate the actual Developed Property Maximum Annual Special Tax revenues that will be generated from such Planning Area. If the actual Developed Property Maximum Annual Special Tax revenues are greater than or equal to 1.1 times that Planning Area's Share of Annual D~bt Service, the balance in the Backup Special Tax Fund shall be returned to the payer. If Backup Special Taxes have been paid by more than one entity, the amount of Backup Special Taxes returned to each payer shall be in proportion to the amount paid by each entity. If the actual Developed Property Maximum Annual Special Tax revenues are less than 1.1 times that Planning Area's Share of Annual Debt Service, then to the extent necessary to generate II 0 % coverage, the balance in the Backup Special Tax Fund shaH be used to redeem bonds on the next available redemption date. Any moneys remaining in Backup Special Tax Fund shaH be returned to the payer. If a Planning Area has not reached fuH buildout within five ~/S- ;2377~/J City of Chula Vista OCl06er 8, 1998 ..~om",unity Faci/iIies Dislrict No. 97-03 ____._.______. Pa~e 9 years after the first payment of Backup Special Taxes for such Planning Area, then all moneys in the Backup Special Tax Fund shall be used to redeem bonds on the next available redemption date. F. EXEMPTIONS No Special Tax shall be levied on up to 155.385 Acres of Property Owner Association Property and Public Property. Tax-exempt status will be irrevocably assigned by the CFD Administrator in the chronological order in which property becomes Property Owner Association Property or Public Property. After the limit of 155.385 exempt Acres has been reached, the Maximum Annual Special Tax obligation for any additional Public Property shall be prepaid in full by the seller pursuant to Section 1.1, prior to the transfer/dedication of such property. Property Owner Association Property that is not exempt from Special Taxes under this section shall be subject to the levy of the Special Tax and shall be taxed Proportionately as part of the tlúrd step in Section D above, at up to 100% of the Maximum Annual Special Tax for Taxable Property Owner Association Property. G. REVIEW/APPEAL COMMITTEE The Council shall establish as part of the proceedings and administration of CFD No. 97- 03 a special three-member Review/Appeal Committee. Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may file a written notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on such Assessor's Parcel. The Review/Appeal Committee may establish such procedures as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. H. MANl\'ER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 97-03 may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner .. if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels which are delinquent in the payment of Special Taxes. Landowners shall pay the Backup Special Tax directly to the City upon notification of the Backup Special Tax amount due, prior to the issuance the building permits or recordation of the final map, as applicable, upon which the calculation of such Bad:up Special Tax is based. Backup Special Tax payments may be made in cash or as a letter of credit with terms acceptable to the CFD Administrator. ~ /t :2SP---/2 City of Chula Vista October 8, 1998 Community Facilities District No. 97-03 Pal!e 10 · Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be aIJowed on a case-by-case basis as specificaIJy approved by the Council. I. PREPAYMENT OF MAXIMUM AN1\'UAL SPECIAL TAX The folJowing definition applies to this Section I: "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date folJowing the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. 1. Payment in Full The Maximum Annual Special Tax obligation may only be prepaid and pennanently satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Maximum Annual Special Tax permanently satisfied as described herein, provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel and may charge a reasonable fee for providing this service. Prepayment must be made not less than 45 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defmed below): Bond Redemption Amount plus Redemption Premium .. plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as folJows: ~ /) ~J"Þ-/3 City of Chula Vista / October 8, 1998 ....f0mm}lniry Facilities District No. 97-03 _____.··m__·______ Page 11 _..."-- , Para~raph No.: l. For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for such Assessor's Parcel using the Maximum Special Tax for Undeveloped Property. 2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the total expected Special Tax revenues as shown in Table 2 in Section E, excluding any Assessor's Parcels which have been prepaid. 3. Multiply the quotient computed pursuant to paragraph 2 by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount "). 4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 6. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 7. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. - 8. Compute the amount the CFD Administrator expects to derive from the reinvestment of the Prepayment Amount less the Administrative Fees and Expenses from- the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. > 9. Add the amounts computed pursuant to paragraphs 5 and 7 and subtract the amount computed pursuant to paragraph 8 (the "Defeasance Amount"). 10. Verify the administrative fees and expenses of CFD No. 97-03, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds, and the costs of ~ /~ 2:1p-/ý City of Chula Vista October 8, 1998 Community Facilities District No. 97-03 Pa?e 12 recording any notices to evidence the prepayment and the redemption (the "Administrative Fees and Expenses "). II. If reserve funds for the Outstanding Bonds, if any, are at or above 95 % of the reserve requirement (as defined in the Indenture) on the prepayment date, a reserve fund credit (the "Reserve Fund Credit") shall be caJcu]ated as follows: (i) if the reserve funds are at or above 100% of the reserve requirement, the Reserve Fund Credit shall equal the actual reduction in the reserve requirement, if any, as a result of the prepayment, or (ii) if the reserve funds are at 95% or between 95% and 100% of the reserve requirement, the amount calculated pursuant to paragraph II (i) shall be reduced by the percentage by which the reserve fund is below the reserve requirement. No Reserve Fund Credit shall be granted if reserve funds are below 95 % of the reserve requirement. 12. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such fIrst interest and/or principal payment (the "Capitalized Interest Credit"). 13. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 9 and 10, less the amounts computed pursuant to paragraphs 11 and 12 (the "Prepayment Amount"). From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 9, 11 and 12 shall be deposited into the appropriate funds as established under the Indenture. The amount computed pursuant to paragraph 10 shall be retained by CFD No. 97-03. As a result of the payment of the current Fiscal Year's Special Tax Jevy as detennined under paragraph 7 (above), the CFD Administrator shall remove the current Fiscal Year's .Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that' is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of the Maximum Annual Special Taxes and the release of the Maximum Annual Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Maximum Annual Special Tax shall cease: Notwithstanding the foregoing, no Maximum Annual Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within CFD No. 97-03 both prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. ~~/l c2;?P-/~ City of Chula Vista October 8, 1998 Community Facilities District No. 97-03 Page 13 -.-.-.-.....-....- .~~---_._. .-- --.~ - - -- --. ..... ... T~nders of Bonds in pr~payment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be panially prepaid. The amount of the prepayment shall be calculated as in Section I.I; except that a paniaJ prepayment shall be calculated according to the following formula: PP = PE X F. Th~se terms have the following meaning: PP = the panial prepayment PE = the Prepayment Amount calculated according to Section 1.1 F= the percent by which the owner of the Assessor's Parcel(s) is panially prepaying the Maximum Annual Special Tax. The owner of an Assessor's Parcel who desires to panially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to panially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the panial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within thirty (30) days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is panially prepaid, the City shall (i) distribute the funds remitted to it according to the Indenrure, and (ii) indicate in the records of CFD No. 97-03 that there has been a panial prepayment of the Maximum Annual Special Tax and that a ponion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. ... J. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 1999-2000 to the extent necessary to meet the Special Tax Requirement for a period not to exceed thirty-five years. F:\ WORK::\CU£.\ TS::ICHLU '.-75. TA \MELLOlrfd97-JIR}4A IRMA /0_ CHL'LA . do< R~viseè: O::IObl:r 8.1998 ~ ;2JÐ~J¡' City of Chula Vista October 8, 1998 Community Facilities District No. 97-03 Pa!!e 14 -_._----- , EXHIBIT A PLANNING AREA MAP ." g~/ ~JP-l? City of Chula Vista ..,? October 8, 1998 Communily Faciliries District No. 97-03 Page 15 .-._..~ ~--.-- McMillin I Otay Ranch EXHIBIT "A" CFD No. 97-3 PLANNING AREA MAP P-S.5 R-43 ï· I " R~ I I . - ~ . . ~ f ~@ :jC _.....- ;:,-,,. ~ ~?~~\{~"~"L?,N~~:_: d-;7P~/r- 7:';:'7S~';:~=JÒ url',).D THU~SIG G ri::::::,,:=" r~::::3 T-168 F'-0212/002 t~i::llvl 25 '38 12:13 David Tauss!; & Associates "/25/98 11 :05 City of Chula Vista CFD No. 97-03 (Otay Ranch McMillin SPA One) List of Property Owners OV"t.=~ APN Ac,eage Ote.. =~:tJect, LLC 642~072~OB . Portion [1J £.630 Ce~,~ .-iomes 642-072-08 - POr'tion I' j 1.293 M:::fJii1¡!"; Olay Ranch, LLC 642-0ac-02 - Portion 95.360 M:::IJiI"':-. :nay Ranch, LLC &.2-100.01 - Portion 3_955 M::I.I¡;,Ü~. Otay Rancl'¡, LLC 642-4Z~01 36.642 M;lÆj¡" o",y A..nch, LLC 642-420-02 0,786 McMiiin otay Ranch, LLC 642-420--03 2.603 M=lJila", Otay Ranch. LlC 642-420-04 0,272 McMJij:, Otay Ranch. LLC 642-420-05 2.050 Mol~~-. ::>ta.y Ranch. LLC ~2-421·01 14.689 McJ~~ Dtay Ranch. LLC 6£2.042.1-02 13.439 MclJüilr ::>ray Ranch. LLC 6Q-421-03 9266 McW;ji~ ~tay Ranch, LLC 642-421-04 '0290 Mc,(n~ Vtsy RanCh, LLC 642-421..oS 4.5H!, MctK'ui.~ :)tay Ranch. LLC 64,2-421 -06 4.996 MCMlür1 otay Ranch. LLC 642-421-07 0.182 M::MUir Otay Flanch. LLC 642-421-06 0.397 McMiÜ!": otay Ranch. LlC 642·422·01 18.640 McMl!In OIay Ranch, LLC 642w422.-02 20.178 McM'&!IM Otay Ranch, LLC 642..422-03 0.986 McMiIir OIay A..noh, LLC 642-422-04 0.766 Mcf"iiiir¡ Oby Ranch. LLC 642-422-05 0.390 MoMiür. ::Jby Ranch. LL..C 642-422-06 7.331 Mctl!oÜ::- Otay Ranch, LlC 642·422--07 0.155 McloÆii:", :)tay Ranch, LLC 642·4,22-08 0_048 Subtotal 248.058 ~;t'lTow" Cenæf,lP 642-080-0'2 - Portion 16,'30 (1) ;""'-æge breakdown provided by McMiUin. ;¿;J ])-/; I] ¡ --.-.....--.--.......---.-- Exhibit 1 -;tF-c2 Soottt 1 C; :2 !i-~,·S PR:)"CS~: 90UN~"'óf!ËS O' COMMUNITY FA CILITlES DISTRICT NO 97-03 (McMILLIN OTA Y RANCH SPA I ) rOil JH~ CIT'!' 0; CHUL.e. 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"".~ .~- '"' -,~. _ ,....., \ '. / '-[ "_"':::51;' CoMCoAo1I($ cr eou_:T ' " / :AC:UT;[S:;IrSTiII,C''ôJoQ .o:'Vorc..l",:..A \ ¥'$~... ::::"'..... 01' St... oöE::~l'Y. 51...~¡; Or . ::Al"Ciit"'.....i/I..s~tl11"r..c:cl"'c::w..c:c. < ::w·..t::r..,.=rc.....,.oO.'<"'5I......:....;¡t~ôI ? '7'. "'!:!'·,..c·~::.;¡!:t...ELDOIo<...E__:)Av:l.- .. "...- 2, __.·'J9".3~·.SqEsOL\J:t()....O S_A..: ___ ___ ~ .,: ::. ..:.;: ~/ ~~J: ._-. l' , \..j' ~3¡) -;¿,ð - ..... 3·:·.'!:'I·,·;' At.:'--i.;'. -- :·v:.,_< _._"~ .'=~.~-- CURRENT POLICY & PROPOSED CHANGES t ¡ '-IBIT ~ (Proposed changes shown on page 5) CITY OF CHULA VISTA STATEMENT OF GOALS AND POLICIES REGARDING TIIE ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICTS PURPOSE AND SCOPE The City Council of the City of Chula Vista (hereafter the "City Council ") hereby establishes and states its goals and policies concernfug the use of Chapter 2.5 of Part I of Division 2 of Title 5 of the Government Code of the State of California (hereafter the "Act") in providing adequate public infrastructure improvements and public services for the City of Chula Vista (the "City"). The following goals and policies shall apply to all co=unity facilities districts hereafter formed or proposed to be formed by the City. Any policy or goal stated herein may be supplemented or amended by resolution of the City Council. The purpose of this Statement of Goals and Policies is to provide the City staff, the residents of the City and the owners and developers of property located within the City with guidance in the application for and consideration of the establishment of co=unity facilities districts within the City for the purpose of fInancing or assisting in fInancing the acquisition or construction of public infrastructure or the provision of authorized public services to benefIt and serve either existing or new development or a combination thereof. The underlying principals behind this policy are the protection of the public interest, assuring fairness in the application of special taxes to current and future property owners, assuring full disclosure of the existence of any special tax liens, insuring the creditworthiness of any co=unity facilities district special tax bonds, protecting the City's credit rating and fInancial position and assuring that applicants for all co=unity facilities district proceedings other than City initiated proceedings pay all costs associated with the formation of any co=unity facilities district. The scope of this policy is limited to the proposed formation of co=unity facilities districts for the limited purpose of fInancing or assisting in fInancing the acquisition or construction of public infrastructure and/or the provision of authorized public services. INTRODUCTORY STATEMENT The City will consider applications initiated by owners or developers of vacant property proposed to be developed, owners of property within existing developed areas or registered voters residing in existing developed areas or the City itself for the establishment of co=unity facilities districts to fInance authorized public improvements or to provide authorized public services which benefIt or serve existing or new development or a combination thereof. A co=unity facilities district or an improvement area within a co=unity facilities district proposed to be established to finance public improvements or authorized services to serve new development may be referred to as a "Development Related CFD." 11/24/98 Marked to Show Changes 1 Z3 D -d.-I Each application for the establishment of a community facilities district must comply with the applicable goals and policies contained herein UIÙess the City Council expressly grants an exception to such policy or policies as they apply to a specific application. FINDING OF PUBLIC INTEREST OR BENEFIT The City Council may authorize the initiation of proceedings to form a community facilities district to finance authorized public improvements or to provide authorized public services if the City Council determines that the public improvements to be financed or public services to be provided or, in the case of a Development Related CFD, the attributes of the new development will provide, in the opinion of the City Council, a public benefit to the community at large as well as the benefit to be derived by the properties within the community facilities district. Examples of public benefit to the community at large may include, but are not limited to, the following: 1. Construction of a major public facility which meets a community need incluõing, but not limited to, a major arterial which will provide a vital roadway facility to alleviate congestion, water storage facilities which will remedy inadequate fire flow, and storm drainage facilities which are a part of the storm drainage master plan. 2. Provision of public infrastructure sooner than would otherwise be required for a particular development project. 3. Construction of public infrastructure to serve commercial or industrial projects which will expand the City's employment and/or sales tax base. 4. Provision of maintenance or other authorized public services such as landscaping, lighting, storm drain, flood control or open space maintenance necessary to promote or maintain quality of life and public safety within existing or developing areas of the City. , , 124/98 Marked to Show Changes 2 c23 /) -d:2 - -- -- -- -_.~--_.-------~------_._...-._--- AUTHORIZED PUBLIC FACILITIES Improvements proposed to be financed through a community facilities district must be public improvements which will be owned, operated or maintained by the City or another public agency or public utility or to which the City is authorized to contribute revenue. The types of improvements eligible to be financed must serve a whole neighborhood area or greater. Such improvements include: A. Streets and highways satisfYing one or more of the following criteria: (1) identified in the Circulation Element of the City as collectors or arterials; (2) no direct access by abutting properties; or (3) minimum daily traffic volume of 3,500 ADT. B. Sewer lines or other sewer facilities serving a minimum of 500 single fafuily dwellings or equivalent dwelling units or such other community as the Director of Public Works may detennine to otherwise be consistent with the intent of these goals and policies to be located within authorized streets and highways or within other public rights-of-way shown on the master plan of sewer facilities. C. Water mains with a minimum diameter of 10" or other water facilities to be located within authorized streets and highways or within other public rights-of-way shown on the master plan of water facilities. D. Drainage facilities serving a minimum of 1 ()() acres or such other community as the Director of Public Works may detennine to otherwise be consistent with the intent of these goals and policies or draining an eligible street. E. Landscaping and irrigation facilities meeting one of the following criteria: (1) Located within the right-of-way of a street or highway shown on the Circulation Element of the City's General Plan; (2) Located adjacent to an adopted scenic route; or (3) Located within dedicated open space. F. Reclaimed water facilities serving an area which benefits the proposed community facilities district. 11/24/98 Marked to Show Changes 3 c2 8 f) -c23 G. Dry utilities serving a minimum of 500 single family dwelling units or equivalent dwelling units or such other community as the Director of Public Works may determine to otherwise be consistent with the intent of these goals and policies; provided, however, the amount of special tax bond proceeds allocable to such dry utilities may not exceed that amount permitted under Federal tax law and regulations to ensure the tax exempt status of interest on the applicable special tax bonds. H. Grading for eligible public streets; provided, however, grading for a Development Related CFD must meet one of the following criteria: (I) Grading within the vertical planes of the right-of-way; (2) Slopes to City-owned open space or open space easement areas; or (3) Offsite roadway grading. If the cut and fill within (1) and (2) do not balance, the cost of excavating, haUling and compacting fIll in the street is authorized to be fInanced. If there is excess material in the street right-of-way, only the cost of excavating and hauling to private property within the development project is eligible to be fmanced. The determination of balance will be made on a total eligible street grading basis, not on an individual street basis. I. Such other improvements as may be authorized by law and which the City Council determines are consistent with the policies herein. The City Council shall have the fInal determination as to the eligibility of any improvement for fmancing, as well as the prioritization of fmancing of such improvements. Generally, "in-tract" (e.g., local streets or utilities) improvements which serve residential development will not be considered eligible to be fmanced through a community facilities district unless requested by the owners or registered voters of an existing residential development to remedy a threat, found to exist by the City Council, to the public health or safety resulting from an existing defIciency in public improvements to serve such existing development. Any public improvements proposed to be fmanced through a community facilities district must meet all desigu and construction requirements and standards as may be established by the City. Any public improvement, the construction of which is completed following the adoption of the resolution of formation of a community facilities district, proposed to be acquired by the City from the owner or developer of property within a Development Related CFD must be constructed as if such improvements had been constructed under the direction and supervision, or under the authority of, the City. , , /24/98 Marked to Show Changes 4 ¥ ~3{) -d-1 ... u._ ------ ._----_.~-.-._~-_.._-_._---".__.._._.__. - Public improvements proposed to be acquired from the proceeds of special tax bonds or I special taxes shall not be acquired until all improvements for a particular pproject (as defined I below) are completed and accepted by the City and the Director of Public Works or his or her designee has certified the final cost of such improvements. For purposes of this paragraph, a I "Pproject" shall be defmed as all improvements within a particular street or easement including I street improvements, sewer, drainage, and-utilities and grading and which are authorized to be I acquired by the community facilities district pursuant to an acquisition and financing agreement I by and between the City, acting on behalf of itself and the community facilities district, and the I property owner or developer who is responsible for the construction of the public improvements I (the" Acquisition/Financing Agreement"). If improvements within more than one (1) Project are I authorized to be acquired through the community faciliteis district, then the improvements within I each Project may be acquired separately as all improvements within such Project are completed I and accepted by the City and the final costs certified. The Diw::tÔl öfPubI;c. W&1b sl.all ha,c. the. mthölie, And dÜ"~(.l~on. to '-&tAblish Ol'K.. 001 mol" &'-pa1Ak. þJ.öjC.CŒ cön&;M~nt ~lt:ll the. d,fin.(t~ön I thc.tc.öf £"1 an) c.öu..u~';ry fa.:.ilitie.s disb.;.:.L Each pproject established b) the DitC.':;¡01 of I'nbl;.:. '¡10th for any community facilities district and all improvements included within each such I project must be described in the A~cquisition/-and-fFinancing A~greement for such commúnity I facilities district. If the Acquisition/Financing Agreement D~C..:t01 öffublie. Wô~b has established I more than one (1) pproject for any community facilities district, the Acquisition/Financing I AgreementÐitc.wh of Publie. W01b may authorize the partial release of funds to pay for the I acquisition of each pproject when such pproject is completed and accepted by the City.-Ærry de. "iAÜòu of t11G fhõj"C.t d,fli~tiön sh1d1 be. AþpJ.ö"c.d b, the. DÏ1è{.töl öf I\tblk WöIk~. I The City Council may, in its sole discretion, elect to deviate from or waive the foregoing I policy in its consideration of the approval of an Acquisition/Financing Agreement for a community I facilities district to authorize the payment of the purchase price for each discrete component of a I Project, i.e., an individual improvement within a Project such as a sewer line within a Project I wlúch also includes street, water and drainage improvements. In electing to deviate from or waive I the foregoing policy, the City Council may condition the payment of the purchase price for I discrete components as the City Council deems necessary to insure the financial integrity of the I community facilities district financing. PRIORITIZATION OF PUBLIC IMPROVEMENTS It is the policy of the City to give first priority to the provision of public improvements benefitting the City in any community facilities district established by the City. It is secondarily the policy of the City, in any community facilities district established by the City, to assist in the provision of other public improvements to be owned, operated or maintained by other public agencies or public utilities. 11/24/98 Marked to Show Changes 5 ß d:3¡) -025 AUTHORIZED PUBLIC SERVICES Public services proposed to be fmanced through a conununity facilities district may include: A. Maintenance of parkways, medians and open space, including but not limited to, maintenance of walls, fences, trail systems, pedestrian access systems and other facilities within such open space, maintenance and preservation of habitat within such open space, and biota and other fonns of monitoring of plants, wildlife, use of wildlife corridors and habitat quality as a part of any such open space maintenance program. B. Maintenance of naturalized drainage and flood control facilities including, but not limited to, channels and detention and desiltation basins. C. Such other services as may be authorized by the Act or by ordinance of the City adopted pursuant to the charter authority of the City and which the City Council detennines are consistent with the goals and policies herein and are in the'best interest of the City and the residents and property owners within the conununity facilities district. INCIDENTAL COSTS Eligible Incidental Costs Eligible incidental costs which may be fInanced from the proceeds of special tax bonds issued for a Development Related CFD or the special tax levied within a Development Related CFD shall be limited to those incidental costs directly related to the improvements fInanced from the proceeds of such special tax bonds or special tax revenues and may include: 1. Usual and customary design and engineering costs not to exceed the following percentages: a. Civil engineering - 7.5 % of the cost of the improvements for which the engineering was perfonned. b. Soils engineering - 15 % of the cost of the applicable grading. c. Landscape architecture - 10% of the cost of the applicable landscaping and irrigation. d. Surveying and construction staking - 2 % of the combined cost of the civil engineering improvements and grading for the applicable street and wet utilities. 11/24/98 Marked to Show Changes 6 .;:¡/ d3/J -£6 -----_.,~."._~-_. .. ..._-"----_.~,._..._-.~_....- e. Utility engineering/coordination - 3 % of the cost of the applicable dry utilities. 2. Construction administration and supervision not to exceed, in aggregate, 1.75 % of the total construction cost of the applicable public improvements. 3. Special engineering studies related to "collector" or "transmission" facilities. Eligibility of such studies must be reviewed and approved by the Public Works Director. 4. Plan check and inspection fees (less any refunds). 5. Capacity or connection fees related solely to the public improvements being acquired or constructed as permitted under the Act. 6. Capitalized interest on any community facilities district special tax bonds as authorized by the City Council pursuant to these goals and policies. 7. Costs of acquisition of off-site rights-of-way and/or easements including the following: a. Appraisal costs, including title reports. b. Costs of preparing acquisition plats. c. Appraised value or actual cost of right-of-way or easement, whichever is less. d. Legal fees and cost related to eminent domain proceedings approved by the City Attorney. 8. Reimbursement of funds advanced by the applicant to pay for (i) preformation costs and/or (ii) costs of issuance incurred by or on behalf of the City. 9. Costs of environmental review, permitting and mitigation limited to the specific public improvements proposed to be financed through the community facilities district. Unless specified otherwise above, the City Manager, or his designee, shall review all incidental costs to insure that such costs are customary and reasonable. Ineligible Incidental Costs The following costs are not eligible to be fmanced from the proceeds of community facilities district special tax bonds: 11/24/98 Marked to Show Changes 7 ~ d.3 -I) -c:( 7 1. Development impact fees; provided, however, the City Council may, in its sole discretion, grant credit in an amount not to exceed the obligation for the payment of such fees if improvements which would otherwise be fmanced from the proceeds of such fees are financed from the proceeds of community facilities district special tax bonds. 2. Administrative or overhead expenses, financial or legal fees incurred by an applicant for the formation of a community facilities district. This limitation does not apply to amounts advanced by the applicant to the City pursuant to the provisions of this policy to pay for preformation costs incurred by the City. (See "Preformation Cost Deposits and Reimbursements" below.) 3. Land use planning and subdivision costs and environmental review costs related to such land use planning and subdivision. 4. Planning studies unless off-site. 5. Environmental impact reports unless off-site. ," 6. Construction loan interest. 7. Subdivision financial analysis. 8. Attorneys' fees related to the land use entitlement or subdivision process unless off- site. 9. On site right-of-way and easements. 10. Any compensation payable to the City as consideration for the City's agreement to provide the fmancing mechanism for the financing of the authorized improvements and eligible incidental expenses and to acquire the authorized improvements pursuant to the terms and conditions of an agreement with the City and the property owner or developer as appropriate. 11. Other overhead expenses incurred by the applicant. REOUIRED VALUE-TO-DEBT RATIO IUs the policy of the City that the value-to-debt ratio, i.e., the full cash value of the properties subject to the levy of special taxes, including the value of the improvements to be financed from the proceeds of the issue or series of special tax bonds for which the value-to-debt ratio is being computed, compared to the aggregate amount of the special tax lien proposed to be created plus any prior fixed assessment liens andlor special tax liens, for a community facilities district must be at least 4: 1. The required value-to-debt ratio shall be determined with respect to all taxable property within the community facilities district in the aggregate and with respect to 11/24/98 Marked to Show Changes 8 Jr c13/J -c:J ð ..-.-.-..------.. - ---- ...~-_.._-,_.,--""._.,.",.__..,--_._~-~---~. each development area for which no fInals subdivision map has been f1led. A community facilities district with a value-to-debt ratio of less than 4: 1 but equal to or greater than 3: 1 may be approved, in the sole discretion of the City Council, upon a detennination by the City Manager, after consultation with the Finance Director, the bond counsel, the underwriter and the fInancial advisor, that a value-to-debt ratio of less than 4: 1 is fInancially prudent under the circumstances of the particular community facilities district. In addition, the City Council may, in its sole discretion, accept a form or forms of credit enhancement such as a letter of credit, bond insurance or the escrow of bond proceeds to offset a defIciency in the required value-to-debt ratio as it applies to the taxable property within the community facilities district in the aggregate or with respect to any development area. The value-to-debt ratio shall be determined based upon the full cash value of the properties subject to the levy of the special tax as shown on the ad valorem assessment roll or upon an appraisal of the properties proposed to be assessed; provided, however, the City Manager may require that the value-to-debt ratio be determined by an appraisal if, in his judgement, the assessed values of the properties proposed to be assessed do not reflect the current full cash value of such properties. The appraisal shall be coordinated by, done under the direction of, and addressed to the City. The appraisal shall be undertaken by a state certifIed real estate appraiser, as defIned in Business and Professions Code Section 11340. The appraiser shall be selected and retained by the City or the City's fInancial advisor. The costs associated with the preparation of the appraisal report shall be paid by the applicant for the community facilities district, but shall be subject to possible reimbursement as provided for herein. The appraisal shall be conducted in accordance with assumptions and criteria established by the City, based upon generally accepted appraisal standards or state recommended standards for similar appraisals conducted for the same purpose. The City reserves the right to require a market absorption study for any community facilities district proposed to include new development. In any such case the City shall retain, at the applicant's sole expense but subject to reimbursement as provided for herein, a consultant to prepare a report to verifY or establish the projected market absorption for and the projected sales prices of the properties proposed to be included within the community facilities district. If a market absorption study is conducted, the appraiser shall utilize the conclusions of the market absorption study in conducting the appraisal of the properties within the proposed community facilities district or shall justifY, to the satisfaction of the City Manager, why such conclusions were not utilized in conducting such appraisal. CRITERIA FOR APPRAISALS DefInition of Appraisal 11/24/98 Marked to Show Changes 9 ø-- d3()-d9 For purposes of these goals and policies, an appraisal shall mean a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defmed value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. Contents of the Appraisal An appraisal should reflect nationally recognized appraisal standards, including, to the extent appropriate, the Uniform Standards of Professional Appraisal Practice. An appraisal must contain sufficient documentation, including valuation data and the appraiser's analysis of such data, to support the appraiser's opinion of value. At a llÙnimum, the appraisal shall contain the following: 1. Putpose of the 'IP,praisal. This should include the reason for the appraisal, a defInition of all values required and the property rights being appraised. 2. Area. City and Nei~hborhood Data. These date should include such information as di1'êctly affects the appraised property together with the appraiser's conclusions as to significant trends. 3. Pro,perty Data. This should include a detailed physical description of the property, its size, shape, soil conditions, topography, improvements, and other physical characteristics which affect the property being appraised. The availability, capacity of, and proximity to, utilities and other infrastructure should also be discussed. 4. Title Condition. The condition of title to the property appraised should be discussed based upon the appraiser's examination of a title report of the property appraised. The appraiser should analyze and discuss those title issues which are concluded to impact the value of the property being appraised. 5. Im,provement Condition. a. The appraiser shall value the property within the community facilities district on an "as-is" basis taking into consideration the value associated with the public improvements to be funded from the proceeds of the issue of bonds for which the appraisal is being undertaken. The property in the community facilities district shall be valued as if it were free and clear of any special taxes and assessments, if any, so that a proper comparison of value-to-debt can be determined. In determining his or her conclusion of value, the appraiser may consider the value of the property in the community facilities district under different market conditions. This may consist of valuing the property as if it were sold to a single purchaser in bulk or sold to several purchasers in portions or pieces. 11/24/98 Marked to Show Changes 10 g- c13/J -dO b. Land parcels which have been developed with residences and subsequently sold should at a minimum indicate land parcel size, number of lots, density, number of plans, square footage, room counts, year construction was initiated, year of completion, and when sales were initiated. c. Land parcels with residential product under construction or with standing inventory should be described as in a. above and include a summary of the stage of development regarding the number of units completed, number of models, status of units under construction, fmished lots and mass-graded or raw lots. In addition, a comment on the marketability of the units (architecture, size, etc.) is appropriate. d. Land parcels which have been developed with income-producing (or owner-occu- pied) commercial, industrial, apartments, offices, etc., should be described as follows: (i) Commercial-Retail - Land parcel size; basic construction type; typical tenant improvements (and who is responsible for their constructÌon); leasable area, when construction was initiated; and date of completion. (ii) Industrial - Land parcel size; basic construction type, whether single or multi tenant; typical office build-out as percentage of total area, when construction was initiated; and date of completion. (iii) Apartments - Land parcel size; basic construction type; number of stories; number of units; unit mix; size; total rentable area, when construction was initiated; and date of completion. (iv) Office - Land parcel size; basic construction type; typical tenant improve- ments/allowance; net rentable area, when construction was initiated; and date of completion. 6. General Plan Classification. Describe the General Plan classification of the subject and comparable properties. 7. Zonini· Describe the zoning for the subject and comparable properties. Note any discrepancy between General Plan classification and zoning. If rezoning is imminent, discuss further under Item 8 below. 8. AnaJysis of Hi~hest and Best Use. The report should state and support the highest and best use to which a property can be put and recognize that land is appraised as though vacant and available for deveJopment to its highest and best use, and the improvements are based on their actuaJ contribution to the site. , , /24/98 Marked to Show Changes , , ~. o?3¿)-¿/ 9. Statement of Value. The appraiser's opinion of the value of the specified property rights, prepared according to all relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. If a discounted cash flow analysis is used, it should be supported by at least one other valuation method such as sales comparison approach utilizing sales of properties that are in the same stage of development. If more than one valuation approach is used, the appraiser shall include an analysis and reconciliation of such approaches to support the appraiser's opinion of value. 10. Certification. Certification of appraiser and permission to reproduce and use the appraisal report as required for bond issuance. MAXIMUM AGGREGATE TAXES AND ASSESSMENTS It is the policy of the City that the maximum annual special tax installment applicable to any parcel used for residential purposes shall not exceed one percent (1 %) of the sale price of newly developed properties subject to the levy of the special tax (the. "Newly Developed Properties ") as of the date of the close of escrow of the initial sale of any residential dwelling unit to such residential home owner. As a distinct and separate requirement, the total of the following taxes, assessments described in 4. below and special taxes appearing on the property tax bill, shall not exceed two (2 %) of such initial sales price of Newly Developed Properties: 1. Ad valorem property taxes. 2. Voter approved ad valorem property taxes in excess of one percent (1 %) of the assessed value of the subject properties. 3. The maximum annual special taxes levied by the community facilities district under consideration and any other community facilities district or other public agency excepting therefrom special taxes levied by a community facilities district fonned or under consideration for formation for the purpose of providing services such as open space maintenance, landscape maintenance and preserve maintenance. 4. The annual assessment installments, including any administrative surcharge, for any existing assessment district where such assessment installments are utilized to pay debt service on bonds issued for such assessment district. Annual assessment installments for maintenance and services shall not be included in the assessments calculated in determining the aggregate tax, assessment and special tax obligation for a parcel. The applicant for the establishment of any Development Related CFD shall be required to enter into an agreement with the City or the community facilities district requiring the prepayment by the applicant of that portion of the special tax obligation applicable to any parcel used for residential purposes in order to reduce the annual maximum special tax obligation so that the , , /24/98 Marked to Show Changes 12 ~ c:!3IJ -32- .__ __...____u__.________.~~._,__...___ maximum annual special tax installment shaH not exceed 1 % of the sales price for such parcel and the total taxes, assessments and special taxes does not exceed 2 % of such sales price. SPECIAL TAX REOUIREME]I,'TS The rate and method of apportionment of the special tax for any community facilities district shaH adhere to the following requirements: 1. The maximum special tax shaH be adequate to include an amount necessary to pay for the expenses incurred by such community facilities district in the levy and coHection of the special tax and the administration of the special tax bonds and the community facilities district. 2. The maximum projected annual special tax revenues must equal 110% of the projected annual gross debt service on any bonds of the community facilities district. 3. A backup special tax shall be required for any Development Related CFD to protect against changes in density resulting in the generation of insufficient special tax revenues tõ pay annual debt service and administrative expenses. The City Council may additionally or alternatively require that as a condition of approval of the downsizing of the development in a Development Related CFD at the request of the applicant or the applicant's successor-in-interest, the applicant or the applicant's successor-in-interest, as applicable, may be required to prepay such portion of the special tax obligation as may be necessary in the detennination of the City to ensure that adequate debt service coverage exists with respect to any outstanding bonds or otherwise provides security in a form and amount deemed necessary by the City Council to provide for the payment of debt service on the bonds. 4. All developed and undeveloped property within any community facilities district which is not otherwise statutorily exempt from the levy of special taxes shall bear its appropriate share of the community facilities district's aggregate special tax obligation from the date of formation of the community facilities district consistent with the other goals and policies set forth herein. 5. A partial and/or total prepayment option shall be included in any rate and method of apportionment of special taxes to pay for public facilities. No prepayment shall be permitted of a special tax levied to fInance authorized services or maintenance. 6. The maximum special tax to pay for public facilities shall be levied against any parcel used for private residential purposes in the fIrst fIscal year following the fIscal year in which the building permit for the construction of a residential dwelling unit on such parcel is issued and such maximum special tax may not escalate after the fIrst fIscal year in which such special tax is so levied. 11/24/98 Marked to Show Changes 13 #- A3!J -33 7. The rate and method of apportionment of a special tax to pay for public facilities shall specify a fiscal year beyond which the special tax may not be levied on any parcel used for private residential purposes. A special tax to pay for public services or maintenance shall have no termination date unless established by the City Council. TERMS AND CONDITIONS OF SPECIAL TAX BONDS All terms and conditions of any special tax bonds issued by the City for any community facilities district, including, without limitation, the sizing, timing, term, interest rates, discount, redemption features, flow of funds, investment provisions and foreclosure covenants, shall be established by the City. Each special tax bond issue shall be structured to adequately protect bond owners and to avoid negatively impacting the bonding capacity or credit worthiness of the City. Unless otherwise approved by the City Council, the following shall serve as minimum bond requirements : a. A reserve fund shall be established for each bond issue to be funded out of the bond proceeds in an amount equal to 10% of the original proceeds of the bonds or such lessor amount as may be required by federal tax law. b. Interest shall be capitalized for a bond issue only so long as necessary to place the special tax installments on the assessment roll; provided, however, interest may be capitalized for a term to be established in the sole discretion of the City Council on a case-by-case basis, not to exceed an aggregate of 18 months, taking into consideration the value-to-debt ratio, the expected timing of initial residential occupancies, expected absorption and buildout of the project, the expected construction and completion schedule for the public improvements to be funded from the proceeds of the bond issue in question, the size of the bond issue, the development pro forma and the equity position of the applicant and such other factors as the City Council may deem relevant. c. In instances where multiple series of bonds are to be issued, the City shall determine what improvements shall be financed from the proceeds of each series of bonds. d. Neither the faith, credit or taxing power of the City shall be pledged to the payment of the bonds. The sole source of revenue for the payment of the bonds shall be the special taxes, capitalized interest, if any, and moneys on deposit in the reserve fund established for such bonds. DISCHARGE OF SPECIAL TAX OBLIGATION It is the policy of the City that the special tax obligation related to the financing of the acquisition or construction of public improvements may be prepaid and discharged in whole or in part at any time. The applicant for the formation of a Development Related CFD must provide notice and opportunity for the purchasers of property within such community facilities district to prepay the special tax obligation applicable to such property at the time of the close of escrow. 11/24/98 Marked to Show Changes 14 -f!!f c2d f) -0 q - _.._..~..___'_.__.__.__ __ __".__.____.._.'_0___._ The applicant for the fonnation of a Development Related CFD must prepare and present a plan, satisfactory to the City Council, prior to the public hearing to consider the formation of such community facilities district describing how the prospective purchaser will be notified of the existence of the special tax lien and the options which the prospective purchaser has regarding the prepayment and discharge of the special tax obligation. DISCLOSURE TO PROPERTY PURCHASERS IN DEVELOPMENT RELATED CFD'S The applicant for the formation of a Development Related CFD will be required to demonstrate to the satisfaction of the City Manager (when the term City Manager is used herein it shall mean the City Manager or his designee) that there will be full disclosure of the special tax obligation for such community facilities district and of any and all other special taxes or assessments on individual parcels to prospective purchasers or lessees of property within such community facilities district, including interim purchasers, merchant builders, residential homeowners and commercial or industrial purchasers or lessees. Such notice must include all of the following in addition to such other provisions as-may be required by the Act, the Municipal Code of the City or the applicant may deem necessary: a. Provide for full disclosure of the existence of the special tax lien and any other assessment or special tax obligation applicable to the properties within the community facilities district (whether imposed by the City or any other public agency), including the principal amount of the special tax obligation and any other applicable assessment or special tax obligation, term of each of the assessment or special tax liens and the amount of the expected payments of the special taxes and the maximum authorized special tax. b. Disclose the option to prepay the special tax to pay for public facilities or allow the special tax to pay for public facilities to be passed through to the purchaser of such property and the adjustment, if any, in the sales price of the homes or other property which will apply if the special tax lien is passed through. Provide the ability for the prospective purchaser to elect to exercise the option either to prepay the special tax obligation for facilities at the close of escrow or to have the special taxes included in the property taxes for the property. Such disclosure shall be placed in all sales brochures, all other on-site advertising and all purchase documents. c. Specify in all disclosure documents the name, title, telephone number and address of a representative of the City as provided to the applicant who may be contacted by any prospective purchaser of property within the community facilities district for further information regarding the community facilities district and the special tax liens. The applicant must agree to provide an original copy of all applicable disclosure documents to the City prior to initiating property sales. , , /24/98 Marked to Show Changes 15 Ib d3/J-ß5 PREFORMATION COST DEPOSITS AND REIMBURSEMENTS Except for those applications for community facilities districts where the City is the applicant, all City and consultant costs incurred in the evaluation of applications and the proceedings to form a community facilities district and issue special tax bonds therefor will be paid by the applicant by advance deposit with the City of moneys sufficient to pay all such costs. Each application for the formation of a community facilities district shall be accompanied by an initial deposit in an amount to be determined by the City Manager to be adequate to fund the evaluation of the application and undertake the proceedings to form the community facilities district and issue the special tax bonds therefor. The City Manager may, in his or her sole discretion, permit an applicant to make periodic deposits to cover such expenses rather than a single lump sum deposit; provided, however, no preformation costs shall be incurred by the City in excess of the amount then on deposit for such purposes. If additional funds are required to pay required preformation costs, the City Manager may make written demand upon the applicant for such additional funds and the applicant shall deposit such additional funds with the City within five (5) working days of the date of r=ipt of such demand. Upon the depletion of the funds deposited by applicant for preformation costs, all proceedings shall be suspended until receipt by the City of such additional funds as the City Manager may demand. The deposits shall be used by the City to pay for costs and expenses incurred by the City incident to the evaluation of the application and the proceedings for the formation of the community facilities district and the issuance of the special tax bonds therefor, including, but not limited to, legal, special tax consultant, engineering, appraisal, market absorption, financial advisor, administrative and staff costs and expenses, required notifications, printing and publication costs. The City shall refund any unexpended portion of the deposits upon the occurrence of one of the following events: a. The formation of the community facilities district or the issuance of the special tax bonds; b. The formation of the community facilities district or the issuance of the special tax bonds is disapproved by the City Council; c.. The proceedings for the formation of the community facilities district and the issuance of the special tax bonds are abandoned at the written request of the applicant; or d. The special tax bonds may not be issued and sold. Except as otherwise provided herein, the applicant shall be entitled, at the option of the applicant, to reimbursement of or credit against special taxes for all amounts deposited with the 11/24/98 Marked to Show Changes 16 -If c;J3/J -00 ---,~ -. -"- ~._- . --.....- ...---."'-..'. ------_._.._..,._~_.._._--- City to pay for costs incident to the evaluation of the application and the proceedings for the formation of the community facilities district and the issuance of the special tax bonds therefor upon the formation of the community facilities district and the successful issuance and sale of the special tax bonds for the community facilities district. Any such reimbursement shall be payable solely from the proceeds of the special tax bonds. The City shall not accrue or pay interest on any moneys deposited with the City. SELECTION OF CONSULTAJI.'TS The City shall select and retain all consultants necessary for the evaluation of any application and the proceedings for the formation of a community facilities district and the issuance of the special tax bonds therefor, including, but not limited to, special tax consultant, bond counsel, fInancial advisor, underwriter, appraiser, and market absorption analyst after consultation with the applicant. LAND USE APPROVALS ~ Properties proposed to be included in a Development Related CFD must have received such discretionary land use approvals as may, in the determination of the City, be necessary to enable the City to adequately evaluate the community facilities district including the properties to be included and the improvements proposed to be fInanced. The City will issue bonds secured by the levy of special taxes within a Development Related CFD when (i) the properties included within such community facilities district have received those applicable discretionary land use approvals which would permit the development of such properties consistent with the assumptions utilized in the development of the rate and method of apportionment of the special taxes for such community facilities district and (ii) applicable environmental review has been completed. It is the policy of the City Council in granting approval for development such as zoning, specifIc plan or subdivision approval to grant such approval as a part of the City's ongoing planning and land use approval process. In granting such approval, the City reserves such rights as may be permitted by law to modify such approvals in the future as the City Council determines the public health, safety, welfare and interest may require. Such approval when granted is subject to a condition that the construction of any part of the development does not, standing alone, grant any rights to complete the development of the remainder of such development. Construction of public improvements to serve undeveloped land fInanced through a community facilities district shaII not vest any rights to the then existing land use approvals for the property assessed for such improvements or to any particular level, type or intensity of development or use. Applicants for a Development Related CFD must include an express acknowledgment of this policy and shall expressly waive on their behalf and on behalf of their successors and assigns any cause of action at law or in equity including, but not limited to, taking or damaging of property, for reassessment of property or denial of any right protected by USC Section 1983 which might be applicable to the properties to be assessed. 11/24/98 Marked to Show Changes 17 /fÝ dc3iJ -,3 7 APPLICATION PROCEDURE FOR DEVELOPMENT RELATED CFD'S Any application for the establishment of a community facilities district shall contain such infonnation and be submitted in such form as the City Manager may require. In addition to such infonnation as the City Manager may require, each application must contain: 1. Proof of authorization to submit the application on behalf of the owner of the property for which the application is submitted if the applicant is not the owner of such property. 2. Evidence satisfactory to the City Manager that the applicant represents or has the consent of the owners of not less than 67 %, by area, of the property proposed to be subject to the levy of the special tax. 3. For any Development Related CFD proposed to [mance improvements to benefit new development, a business plan for the development of the property within the proposed community facilities district and such additional financial infonnation as the City Manager may deem necessary to adequately review the financial feasibility of the community facilities district. For Development Related CFD's proposed to finance improvements to benefit new development, the applicant must demonstrate to the satisfaction of the City Manager the ability of the owner of the property proposed to be developed to pay the special tax installments for the community facilities district and any other assessments, special taxes and ad valorem taxes on such property until full build out of the property. It is the intention of the City Council that applicants for a community facilities district have an early opportunity to have the application reviewed by City staff for compliance with this policy. In that regard, the City Council hereby directs the City Manager to create a community facilities district application review committee composed of the City Manager, City Attorney, Director of Public Works, City Engineer, Planning Director, Finance Director and such additional persons as the City Manager may deem necessary. The committee shall meet on request with the applicant for a community facilities district for the purpose of reviewing an application to form a community facilities district following the determination by the City Manager that the information contained in the application for such community facilities district complies with the requirements of this policy. Following the review of such an application, the committee shall prepare and submit a report to the City Council containing the [mdings and recommendations of the committee regarding the application. Following completion of the committee report, the City Manager shall place the application on the City Council agenda for review. After review of the application and consideration of the committee report, the City Council shall determine whether or not to approve the initiation of proceedings to form the community facilities district. The decision of the City Council pertaining to the application shall be final. 11/24/98 Marked to Show Changes 18 -Ft ~3¡) -38 .."_._-,-_...~~...._._._~-"-_...__._---_._,. _.__.,---_._.,-_._----_.~._----_..._-_.._._- -- I The ability of a property owner or developer to obtain financing of public improvements from the proceeds of tax-exempt bonds provides substantial economic benefits to such owner or developer not the least of which may be the financing of such improvements at interest rates substantially lower than conventional financing interest rates, if such conventional financing is available, andlor the ability to obtain financing without providing equity compensation to the lender. In providing such financing for a Development Related CFD the City Council believes that the City is providing valuable consideration to the property owner or developer and should be receive consideration in exchange. It is the goal of the City to insure that the City and the remainder of its residents, property owners and taxpayers are compensated for the consideration provided to the property owner or developer of a Development Related CFD and that such compensation should be one percent (1 %) of the total authorized bonded indebtedness for such a community facilities district. Prior to the issuance of special tax bonds for any Development Related CFD, the applicant shall pay to the City the pro rata amount of any compensation payable to the City as consideration for the City's agreement to provide the financing mechanism for the financing of the authorized improvements and eligible incidental expenses and to acquire the authorized improvements pursuant to the terms and conditions of an agreement between the City and the property owner or developer as appropriate. For example, if the compensation payable to the City for such consideration is $100,000 for a Development Related CFD where the total authorized bonded indebtedness is $10,000,000 and the series of special tax bonds to be initially issued is $5,000,000, the compensation payable to the City prior to the issuance of the intial series of bonds will be the principal amount of the initial bond issue ($5,000,000) divided by the total amount of the authorized bonded indebtedness ($10,000,000) multiplied by the total compensation for such Development Related CFD ($100,000). In this example, the compensation payable prior to the issuance of the first series of bonds would be: $5 .000.000 $10,000,000 X $100,000 = $50,000. 11/24/98 Marked to Show Changes 19 -M- c:<3f) -,3 9 COUNCIL AGENDA ITEM STATEMENT Item ~ Meeting Date 12-8-98 ITEM TITLE: Resolution } 9;? po -lccepting bids, finding apparent low bidder to be non- responsible and awarding contract for "Otay Recreation Center, in the City ofChula Vista, CA (pR-133)" to lowest responsible bidder C&S Doctor, Inc. SUBMITTED BY: Director of Public Works p,1 REVIEWED BY: :::::.~~~~ (4/5ths Vote: Yes _ No X) On July 29, 1998, the Director of Public Works received sealed bids for "Otay Recreation Center, in the City of Chula Vista, CA (PR-133)". The work to be done includes construction of a community recreation center which consists of a gymnasium and a multi-purpose facility. This project will be funded with Federal Community Development Block Grant (CDBG) monies. Staff received multiple bids and in its analysis of these bids determined that the apparent low bidder was not responsible. The second low bidder, C & S Doctor, was detennined to be responsible and qualified to perfonn the contract. Accordingly, staff recommends that the contract be awarded to the lowest responsible bidder, C & S Doctor, Inc. in the amount of$2,210,959.00. RECOMMENDATION: That Council accept bids, find the apparent low bidder, Big Sky General Contractors, to be non-responsible, and award the contract to the lowest responsible bidder, C & S Doctor, Inc. - San Diego, in the amount of $2,210,959.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funding for this project was budgeted in the Capital Improvement Program (CIP) budget process between Fiscal Years 1995-96 and 1998-99. The project is to construct a 16,000 square foot gymnasium. The gymnasium will include 12,000 square feet of multi-purpose/use recreation courts and 4,000 square feet of support facilities such as public restrooms, craft rooms and other common areas. The slab-on-grade single story concrete masonry structure will have steel roof framing, metal roofing, Portland Cement Plaster exterior finish, metal doors and frames, aluminum framed window systems, interior finishes, plumbing, heating and air-conditioning systems, fire suppression sprinkler system and athletic equipment supply. The work generally includes the disposal of existing improvements, relocation and protection of existing facilities, landscaping and the construction of all appurtenances as may be necessary to render the above improvements complete and workable. d'/-/ oj ----.--.-.-- "----.---.... Page 2, Item Meeting Date 12-8-98 The Otay area is deficient in the amount of park and recreation resources available to the community. The construction ofthe gym has been identified by the community as a high priority item and has been in the planning stages for several years. A mandatory pre-bid meeting was held on July 15, 1998, in order to review the contract requirements and to receive questions regarding the specifications in the bid documents. The contractors present raised several concerns during the meeting, and all issues were addressed through Addendum # 1. Contractors not represented at this meeting were not allowed to submit a bid for the proj ect. Bids were received from 14 contractors as follows: I Contractor I Bid Amount I I. Big Sky General Contractors, EI Cajon, CA I $2,049,000.00 I 12. C & S Doctor, Inc., San Diego, CA I 2,210,959.00 I 3. Arctic Slope Construction, Pasadena, CA 2,250,000.00 4. Clancy Construction, San Diego, CA 2,284,777.00 5. Augustine Company, San Diego, CA 2,289,597.00 6. Knight Construction, San Diego, CA 2,307,457.00 7. RIHA Construction, La Mesa, CA 2,310,000.00 8. Greer Construction Company, San Diego, CA 2,362,500.00 9. DM Erickson Construction Company, Escondido, CA 2,382,000.00 10. Empire Associates Inc., San Diego, CA 2,393,000.00 II. Murray Builders, San Diego, CA 2,495,000.00 12. T.B. Penick & Sons, San Diego, CA 2,546,000.00 13. C-Dad Construction Company, Los Angeles, CA 2,743,000.00 14. Pacific Alliance Contractors, San Diego, CA 2,783,000.00 Staff received excellent bids for the proposed work. The low bid, submitted by Big Sky General Contractors, is below the Architect's estimate of $2,400,000.00 by $351,000.00 or 14.63%. The second low bid, submitted by C & S Doctor, Inc., was also below the Architect's estimate by $189,041.00 or 7.88%. The Architect's estimate was based on bids received for similar projects. It is our opinion that staff received adequate bids for the project. We have verified both contractor licenses and other qualifications. c2 'I ~ .2. Page 3, Item Meeting Date 12-8-98 After bids were received on July 29, 1998, the City conducted interviews with the four lowest apparent low bidders to review their qualifications and references. Upon review of the low bid submitted by Big Sky General Contractors, the information obtained at the interview, the responses provided by the agencies the contractor submitted as references and the results of debarment proceedings against the contractor by the Port District, staff made a preliminary finding that Big Sky was a nonresponsible bidder. A letter was sent to Big Sky General Contractors on October 30, 1998 advising them of our concerns and the preliminary finding that they were a non- responsible bidder with respect to this contract. In addition, this letter offered Big Sky the opportunity to respond to the adverse evidence presented therein, in writing or in person at an infonnal hearing scheduled for November 3,1998 in the office of the City Attorney. Big Sky was unable to attend on that date due to the short notice and requested a time extension to adequately prepare themselves. The requested time extension was granted and a new hearing date was set for Wednesday, November 11,1998. The hearing was held on November 11, 1998 as scheduled by Clifford Swanson, Deputy Public Works Director/City Engineer. At the conclusion of the hearing, it was Mr. Swanson's determination to recommend upholding staffs preliminary findings and declare Big Sky General Contractors to be a nonresponsible bidder with respect to this contract. A copy of Mr. Swanson's report, which discusses in detail the hearing and the basis for his recommendation is attached as Exhibit' A' . In accordance with City procedures, the apparent four low bidders are required to submit additional documents that show how they plan to meet the City's Disadvantaged Business Enterprises (DBE) Program requirements. In order to utilize the funds for this project, the successful bidder has to comply with HUD regulations. C & S Doctor, Inc. has in "good faith" made an effort to meet the MBEIWBE guidelines and has, therefore, complied with HUD regulations. In reviewing C & S Doctor's references, they have constructed several buildings to satisfactory conditions ranging from $300,000.00 to $1.4 million. Staff, therefore, recommends the contract be awarded to the lowest responsible bidder, C & S Doctor, Inc., in the amount of$2,21O,959.00. Disclosure Statement A copy of the contractor's Disclosure Statement is attached as Exhibit B. Disadvantaged Business Enteq>rise Goal The bids documents set forth participation requirements per Federal Regulations for meeting the disadvantaged and women-owned business goals. Judith Atwood, Community Development Specialist, has reviewed the bid documents submitted by the four lowest bidders. Her finding is that neither of the two lowest bidders met HUD's MBEIWBE goals. However, they both made "good faith" efforts to comply and the City has the option to award the contract to either contractor. c1i---J --~.._--_.._--_..- --..-...---..'"-.....--.---.- Page 4, Item Meeting Date 12-8-98 However, as mentioned above, staff has concerns regarding the lowest bidder's ability to perfonn the contract work and recommends that the project be awarded to C & S Doctor, Inc. (see Exhibit C). Staff reviewed C & S Doctor, Inc.'s eligibility status with regard to Federal Procurement Programs and the status of the State Contractor's licenses. C & S Doctor, Inc., nor any other listed subcontractors are excluded from Federal Procurement programs (list of parties excluded from Federal Procurement or non-procurement programs as of January 1998). Prevailing Wage Statement This project is fimded through Community Development Block Grant (CDBG) fimds. Based on the current project funding guidelines, the Contractor is obligated to meet the prevailing wage requirements which were included as part of the bid documents for this project. Prevailing wage scales are those detennined by the Federal Department of Labor. Environmental Status The Community Development Department prepared a Negative Declaration (IS-98-02) pursuant to the California Environmental Quality Act (CEQA) requirements. Based on the findings ofIS-98-02, the project will not have a significant adverse effect on the environment and wildlife resources. On October 21, 1997, joint Resolution No. 1563 and Resolution No. 18801 were adopted by the City Council accepting the Negative Declaration, IS-98-02. FISCAL IMPACT: Financial Statement FUNDS REQUIRED FOR CONSTRUCTION TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,430,000.00 (Including Contingencies and contract administration/inspection) FUNDS AVAILABLE FOR CONSTRUCTION A. Otay Recreation Center (PR-133)- Project Accounts 630-6300-PR-133 (CDBG) $ 70,000.00 652-6520-PR-133 FY 95-96 (CDBG) 938,859.92 653-6530-PR-133 FY 96-97 (CDBG) 924,200.00 654-6540-PR-133 FY 97-98 (CDBG) 502.50 655-6550-PR-133 FY 98-99 (CDBG) 496,437.58 I TOTAL FUNDS AVAILABLE FOR CONSTRUCTION I $2,430,000.00 I d1-t( . ------_._._~-_.-.-.__.~-_..__.-----~-_..._---_. Page 5, Item Meeting Date 12-8-98 Funding for this project was budgeted in the FY 95-96 through FY 98-99 CIP budgets. The sources of funds for this project are Community Development Block Grant (CDBG) funds in the amount of $2,430,000.00. The action requested would allow staff to expend these funds for the construction of the Otay Recreation Center. The project will require routine City maintenance upon completion. Exhibit: A· Memo to Council Te: Big Sky B - Contractor's Disclosure Statement C . Memo ITom Community Development Department D . Plat H:\HOME\ENGINEER\AGENDA \PR133CS 1.BVH oZr-Ç . ___.__ ,__.___.._n____.._______ .__._,_._---~--_._---_.- RESOLUTION NO. /l..5tJJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, FINDING APPARENT LOW BIDDER TO BE NON-RESPONSIBLE AND AWARDING CONTRACT FOR "OTAY RECREATION CENTER, IN THE CITY OF CHULA VISTA, CA. (PR-133) " TO THE LOWEST RESPONSIBLE BIDDER, C&S DOCTOR, INC. WHEREAS, on July 29, 1998, the Director of Public Works received the following 14 sealed bids for "Otay Recreation Center, in the city of Chula vista, CA (PR-133)": Contractor Bid Amount l. Big Sky General Contractors, El Cajon, CA $2,049,000.00 2. C & S Doctor, Inc" San Diego, CA 2,210,959.00 3. Arctic Slope Construction, Pasadena, CA 2,250,000.00 4. Clancy Construction, San Diego, CA 2,284,777.00 5. Augustine Company, San Diego, CA 2,289,597.00 6. Knight Construction, San Diego, CA 2,307,457.00 7. RIHA Construction, La Mesa, CA 2,310,000.00 8. Greer Construction Company, San Diego, CA 2,362,500.00 9. DM Erickson Construction Company, Escondido, CA 2,382,000.00 10. Empire Associates Inc., San Diego, CA 2,393,000.00 11. Murray Builders, San Diego, CA 2,495,000.00 12. T.B. Penick & Sons, San Diego, CA 2,546,000.00 13. C-Dad Construction Company, Los Angeles, CA 2,743,000.00 14 . Pacific Alliance Contractors, San Diego, CA 2,783,000.00 WHEREAS, staff received excellent bids for the proposed work and the low bid, submitted by Big Sky General Contractors, is below the Architect's estimate of $2,400,000.00 by $351,000.00 or 14.63%; and WHEREAS, the second low bid, submitted by C & S Doctor, Inc. , was also below the Architect's estimate by $189,041.00 or 7.88%; and WHEREAS, after bids were received on July 29, 1998, the city conducted interviews with the four lowest apparent low bidders to review their qualifications and references and upon review of the low bid submitted by Big Sky General Contractors, the 1 ..2f~ Þ information obtained at the interview, the responses provided by the agencies the contractor submitted as references and the results of debarment proceedings against the contractor by the Port District, staff made a preliminary finding that Big Sky was a non- responsible bidder; and WHEREAS, a letter was sent to Big Sky General Contractors on October 30, 1998 advising them of staff's concerns and the preliminary finding that they were a non-responsible bidder with respect to the contract and the letter offered Big Sky the opportunity to respond to the adverse evidence presented therein, in writing or in person at an informal hearing; and WHEREAS, said hearing was held on November 11, 1998 and Big Sky presented arguments as to why it should be found a responsible bidder; and WHEREAS, staff's preliminary finding that Big Sky was a non-responsible bidder was upheld by the City's hearing officer due to concern over findings made by the Port District concerning the presentation of false/inflated claims for payment and submission of false certified payrolls by Big Sky in a construction project it performed for the Port District, which were not rebutted or disputed by Big Sky at the November 11, 1998 hearing; and WHEREAS, such concerns were found particularly relevant for this project due to the fact that this project will be funded with Federal Community Development Block Grant (CDBG) monies; and WHEREAS, C & S Doctor, Inc. has complied with HUD requirements regarding the hiring of disadvantaged minority and women-owned businesses enterprises (MBE/WBE) by making a "good faith" effort to comply with the HUD's goals in this area; and WHEREAS, staff recommends that the contract be awarded to the lowest responsible bidder, C & S Doctor, Inc. in the amount of $2,210,959.00; and WHEREAS, the Community Development Department prepared a Negative Declaration (IS-98-02) pursuant to the California Environmental Quality Act (CEQA) requirements and based on the findings of IS-98-02, the project will not have a significant adverse effect on the environment and wildlife resources; and WHEREAS, on October 21, 1997, joint Resolution No. 1563 and Resolution No. 18801 were adopted by the City Council accepting the Negative Declaration, IS-98-02 and therefore no additional actions under CEQA are required for this project. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby accept bids, and find the apparent 2 c21-? ----~._- low bidder, Big Sky General Contractors, to be non-responsible based on concern over findings made by the Port District concerning the presentation of false/inflated claims for payment and submission of false certified payrolls, and award the contract to the lowest responsible bidder, C & S Doctor, Inc. - San Diego in the amount of $2,210,959.00 subject to finalization of documents in forms approved by the City Attorney. BE IT FURTHER RESOLVED that the Mayor of the city of Chula Vista is hereby authorized to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to form by John P. Lippitt, Director of Public Works H:\home\lorraine\rs\otayrec 3 d)~~r f:XH,B¡T....l~02 (" MEMORANDUM November 18, 1998 File No. PR133 To: Honorable Mayor and City Council M2 Via: Dave Rowlan ,City Manager John Kaheny, City Attorney From: Cliff Swanson, Deputy Public Works Director/City Enginee~ Subject: Recommendation for Finding of Non-Responsibility of Big Sky General Contractors as Bidder for Otay Recreation Center. On July 29, 1998 City staff received bids from 14 contractors for work to be done on "Otay Recreation Center (PR-133)". After bids were received, City staff conducted interview s with the four lowest apparent low bidders to review their qualifications and references. The interviews were conducted by Roberto Saucedo, Senior Civil Engineer; Sunny Shy, Asst. Dir.lRecreation; Dick Thompson, Building Projects Supervisor; and Ric Davey, Architect. Upon review of the low bid submitted by Big Sky General Contractors, the information obtained at the interview, the responses provided by the agencies the contractors submitted as references and the results of debarment proceedings against Big Sky by the Port District, staff made a preliminary finding that Big Sky was a non-responsive bidder. In order to give Big Sky an opportunity to allay those concerns and present evidence that Big Sky was a responsible bidder, a letter (Exhibit 'A') was sent on October 30,1998 by John Lippitt advising Big Sky of the basis of staffs recommendation and giving Big Sky the opportunity to attend an informal hearing at which they could respond to the adverse evidence and present any additional evidence that they were qualified to perform the contract. The informal hearing was set for November 3, 1998 and I was selected as the hearing officer. However, due to the short time frame, Big Sky requested a time extension to adequately prepare themselves. The requested time extension was granted and a new hearing date was set for Wednesday, November 11, 1998 at 9:30 a.m. On November 5, 1998 staff received a letter from Robert E. Bright, attorney for Big Sky, rais ing several questions and asking for clarification of several points in Mr. Lippitt's letter. Bright's letter is attached as Exhibit 'B'. At the appointed hour, the hearing was opened. Big Sky was represented by Herb Abell, owner; Dave White, Superintendent; and Bob Bright, attorney. City staff was represented by Ellen Gross, Deputy City Attorney; Roberto Saucedo; Jim Holmes, Civil Engineer; Dick Thompson; and Rick Matkin, Building Services Superintendent. The purpose of the hearing was stated and City staff responded to attorney Bright's letter of November 5 in order that Big Sky may have the J- ~Jj-q 0 .-...,,-- ...,._,------- --- --_.._~,-_.~_._-----._---_....- ~-_._.__. Honorable Mayor and City Council -2- J\ovember 18, 1998 benefit of further information or clarification of certain issues before they responded. Big Sky was advised that, as hearing officer, I would take any additional information supplied by them into account before making my final recommendation to the City Council on the question of their ability to responsibly perform the contract. The first area of staffs concerns as indicated in Mr. Lippitt's letter outlining the preliminary determination was based on Big Sky's bid proposal. These concerns included the following items: · A large difference between Big Sky's bid and the other three low bidders. · The bid difference for plumbing and landscaping contractors. · Big Sky did not submit as part of their bid a bid for the sound system. · A check of references indicate a pattern of excessive change orders. Mr. Bright and Mr. Abell reviewed section of Lippitt's letter and responsed to each of the above issues. I find sufficient evidence was presented in their response regarding each of the above items to allay staff s concerns. As a result, these items are no longer a concern and I do not find sufficient grounds for declaring Big Sky a nonresponsive bidder to bid proposal items. As a note for information only, when asked by staff whether Big Sky had obtained other plumbing and landscaping sub-bids, Mr. Abell indicated they had done so and the other sub-bids were consistant with the sub-bids they submitted. However, after the hearing when asked if staff could have a copy of those other sub-bids, Mr. Abell refused. The second area of staff's concerns as indicated in the letter of preliminary determination was based on Big Sky's references. Mr. Abell and Mr. Bright discussed each of the particular project references included in the letter. In addition, staff had made some further phone calls to differen t individuals involved with one of the projects prior to the hearing. As a result of the information received, sufficient evidence was presented to allay staffs concerns. Therefore, the references are no longer a concern and I find that they do not constitute sufficient grounds for declaring Big Sky a nonresponsive bidder. The third area of staff s concerns as indicated in the letter of preliminary determination was based on Big Sky's responses to several of the interview questions. Mr. Abell and Mr. Bright discussed the interview process and their answers at that session. They also presented further clarification of some of the particular issues. As a result of these comments sufficient evidence was presented to allay staffs concerns. Therefore, the interview process is no longer a concern and I find that they do not constitute sufficient grounds for declaring Big Sky a nonresponsive bidder. The fourth area of concern was the debarment of Big Sky Construction Company by the Port District. City staff is very concerned given the nature and the extent of the difficulties encountered by the Port District relating to Big Sky's past job performance, relationships with sub-contractors, and the seriousness of the findings made by the District's hearing officer, Fred /: c:?-'I- /0 -z:;: . Honorable Mayor and City Council -3- November 18, 1998 Luedtke, Deputy Director of Public Works for the City of Escondido. Mr. Luedtke's findings are attached to Mr. Lippitt's letter (Exhibit 'A'). The Port District board upheld two of Mr. Luedtke's fIDdings. Those two findings are, in staffs opinion, very critical to the success of this project, particularly in connection with the funding source and reporting requirements therefore. In sununary, the two fIDdings which became the basis for the Port District's debarment of Big Sky are: . Presentation of false/inflated claims for payment; and . Submission of false certified payrolls. In connection with the first finding evidence was presented to the Port District showing numerous duplicate billings and overcharges in Big Sky's submittals. These overcharges persisted in many subsequent work requests even after the errors were brought to the attention of Big Sky. In addition, the Port's hearing officer found that wage rates shown on certified payrolls were, on many occasions, different from wage rates used in preparing submittals for extra work requests. That practice was found to inflate submittals for extra work requests. Further, the hearing office r found that on some occasions wage rates used to complete the extra work requests varied widely for the same employee from one daily extra work report to the next. In connection with the second fIDding evidence was presented that out of 20 certified payrolls submitted by Big Sky for the Port District's project, none were submitted within the required weekly time frame. Further, almost every payroll submitted was incorrect and needed to be amended. Errors on certified payrolls persisted throughout the execution of the Port District's project. Additionally, job interviews conducted by Port District staff revealed that during interviews of Big Sky employees for both of Big Sky's projects with the District the employee would identify himself as an employee of Big Sky, but the ir name did not appear on the certified payroll for the same payroll period. These findings by the Port District raised substantial issues regarding Big Sky's ability to accurately, honestly and carefully account for their time which directly impacts their responsibility. The City's project for the construction of the Qtay Recreation Center is being funded almost completely with federal funds derived through Department of Housing and Urban Development (HUD) Community Development Block Grants (CDBG). As such, the Davis-Bacon Prevailing Wage Act requires that the contractor pay prevailing wages and to submit timely payroll records to the City. After review of these records by the City for completeness and accuracy, HUD is entitled to audit the records to ensure compliance with the Act. Any problems could result in the loss of CDBG funds to the City for future public works projects. Therefore, City staff ha d grave and legitimate concerns regarding Big Sky's ability to responsibly meet the requirements of HUD ;::;;- .:<'1-// ý' -',-'--'" ----..--...-- -~_.. ..._......,,-_.~_... ~_._."_._._----------.._._---_.~_..- Honorable Mayor and City Council -4- November 18, 1998 given the findings made by the Port District hearing officer concerning the submission of false cenified payrolls by Big Sky. During the hearing, neither Mr. Abell nor Mr. Bright presented any evidence in response to thes e concerns. They indicated that because they are in court with the Port District, they were not willing to talk about it. Based on their falure to present any information concerning these issues and the gravity of the uncontroverted [mdings made by the Port District relating to false/inflated claims for payment and the submission of false certified payrolls, I conclude that Big Sky's business practices regarding extra work requests, payroll and record keeping are inadequate and do, in fact, affect their ability to accurately, honestly, and carefully account for their time which directly impacts their responsibility. Based on the foregoing, it is my recommendation that the City Council find Big Sky Construction Company to be a non-responsible bidder and that their bid be rejected. Attachments: Exhibit A: Letter from John Lippitt to Big Sky dated October 30, 1998 Exhibit B: Letter from Robert E. Bright to Ellen Gross dated November 5, 1998 H: \HOME\ENGINEERIADMIN\BIGSKY .CLS f <;FI-/~ ~~~ EXHiBIT_ A 2~~ -- ~ - - - ---------- - - -- ~-- ~~ cm OF CHUlA VrSfA OFFICE OF THE CITY ATTORNEY Octob:::- 3D, 1998 VIA. FACSIMILE llND U.S. Mill CERTIFIED Mill - RETUR..1\' RECEIPT REOUESTED Herb Abell Presidem Big S1.)· General CO=OIE Co. 316 From: Street, Sù:. 202 E] C~ior:, CA 92020 RE: fuillninarv DeL-mllnation ofNon-ReiiPonsibilitv for Otav Recreation Center. Chu]a Vista. California Dear Mr. Abell: As you know, Big SI..)· General Contractors submitted a bid to perform the work on tÎle Otay Recreation Center contract for a lump sum of £2,049,000. This letter is to inform you that based upon the reasons and concerns s~ out below, the City of Cnula Vista has made a preliminary finding that Big Sky is a nOD- responsibie bidder ,\\IJÚ: respect to the contract. Tbe City evaulates a contractor's responsibility to perform a contract based upon ÍT..s determination of such contractor's ability to perform work in conformance with bid specificarions and for tÎle a..-'"tual bid amount; the ability to perform work in a timely matter in accoràance with the schedlll:: set out in the contract; the ability to provide a high quality of work; and., the ability to accurately, honestly and carefuI]y account for time spent working. In making the preliminary finding of non- responsibility, City stañ examined your bid proposal, reviewed information obtained :D-om you in your interview, obtained inÏormation :D-om other contractoIE, and reviewed hearing officer Fred Luedtke's findings made in connection váth the Port District debarment of your company. Tbe award of the co=t is currently scheduled to go before the City Council on Nov=ber 10,1998. If after hearing any evidence you may have City staff makes a fina1 det=inarion that Big S1.)' is a non-responsible bidder with respect to tÎle contract, staffs reco=endation will be that the contract be awarded to the second lowest bidder. Prior to making a fina1 determination, YOll may respond to the adverse evidence contained in this letter and present any additional evidence you may have to support your contention that Big S1.)' is qualified to perform the contract. You may do this in writing or in person. An informal hearing has been P-- d1-/3 276 FOU~!.'y';_~~~.~ ~jj!:1LA YISTA_~ORNIA 9191 n . (R1 en ~q1_=;n'=1.7 . ;:;.0. y ~ Ano ¡::o~";) --- ---~ Herb Ab::ll October 30, 1998 Page 2- sch~àu)::: fDr No\'=:'~ 3,1998 at S-:30 A.M., in the Cit} fo.nDrnefs cDnference roDil" Jocated at :;-¡e Chu;, Vista C¡.ic Center Comp]::x, 276 Fourth Avenue, Chu]a ViSla, CaiifDmia. If you plan on anenåing this hearing. pkase con= me as soon as possible. The foliov;ing repreS::JF'£ the factual basis upon which me City has made its prelimina;y detenmnatjDn of Big SJ..-y's nO!:-responsibility tD perform the contract: I. CONCER.1\'S 'WITH BID PROPOSAL A. Lar!!e Difference IT: jow bids: There are s::ver:aI con::=s with YOUT bid proposal. One of the conc=s is the ]arge åifference between your bid and the other three low bidd=. The bidd= were as foliows: Bid Proposal Bid Difference 1. Big Sky Gen=J Contractors $2,049,000 $161,959 2. C & S Doctor $2,210,959 $ 39,041 , ATctic Slope $2 ')50,000 $ 34,ï7ï ". Æ Clancy Cons=tion $2,284,777 .... The range between biãrler number fOUT and bidder number two is $73,818 while the åifference between you.. bid and the number two bidder is $161,959. Based upon staffs Teview of your proposal, there are concerns that the ID.<!iority oftk åifference betWeen your bid and the other low bids received is due to an unåerbid in the plumbing and lanås::aping part of the project which makes the bid artificially low. The City beiieves that based upon this disparity the sub-contractors may not complete the job and/or may abandon the job and further that there is a high proiJability of change ord= which wouJd increase the overall cost of the job. E. Bid Difference for Plumbin!! and Landscauin!! Sub-contTactors Other com:ractors who bid on this project and who iiSled the same sub-contractors in their bids as you did for plumbing and landscaping stated that they discovered that all items shown on the project plans were not included in the bids by those sub-contractors. The other contractors informed the sub-contractors of the errors and the sub-contractoIs gave them Tevised higher bids. The same sub-contractors said that you never asked for revised bids which wouJd necessarily increase your bid... Based upon this, the City is again concerned that this will increase the like1ìnood of cost overruns, change ord=, and disputes with sub-contTactors. C. Sound SVSlem The speciñcations for the gymnasium sound system were omitted from the bid package submitted by you. The plans specified the installation of a sound system. Bidders two, three and four staled that they had included an adequate sound system in their bid price. Your bid did not You stated at your interview with -d? .ß.¿.j -/¿¡ ---- ~ - Herb A~]] October 30, 1998 Page 3 City s1.a£>'"' the sou:¡: syst= wou;d probabJy run £6ú,úCJú extra. -:-n:: City's esÜ¡r;al:: jar the soune system is less tL.an 515,000. Tills indicates a la¡;k offamiliarity of the plan specifications by you. 11 is also indicative of a pot::mial for change orders resuJting in an infJated cost for the project D. Excessive Chane:e Orders The City's check of your references as summarized below revealed tha! your company has a patt= of submitting requests fer excessive change orders. The difference in the bid price between your bid and the other 10v; bids received and the probability of missing it=s in your bid makes the probability of excessiv:: change OTQ..øn; high. n. REFERENCES The City p'...::eived a number of negative responses regarding Big S1..')" s work performance pursuant to references provided to us by you in your bid. The City also received an unsolicited letter :!Tom the Bridge, Steel and Ornamental Jron Workers Local Union No. 229 regarding your non-compliance with apprenticeship and prevailing wage regulations. A copy of that letter is attached for your review. . The following is a summary of the information the City obtained :!Tom the references you provided: PROJECTKiIME ON TIME WORK- CHA..1i1GE GOOD TO USE MANSIDP ORDERS WORK WITH BIG SKY AGAJN COMMEKTS North COUIn\" T TImSit Board 1/2 of the time helDv.' a"~ge num::rous b:low average uo Tenant Improv=ents to Aåmin Builcting (Never àeli\'er-..d items re~~d. Owner sropp-..d work shon of completion due to large change orders.) Citv of Vis!> Fire Station on rime good 2% row above average yes (Dave Ramhoh was the sup=rintendent. proje::t cost He was the =son the proje::t was so good as he st:pped in and k..-pt change orders down.) Do:p! of the >'¡aw: BEO 1ID"",de on nme good exc:ssive yes mixed Í~lings, complete renovation of 56 unm depends on (56 requests for information "'ere made.) superintendent III ~ d~-!5 -.,--..---..------.-------.-...------- Herb AD~IJ Octobe:- 30, 1998 Page 4 COJ\1M2, ""TS ON TIME WORK- Crl.~"JGE GOOD TO L:5~ MANSHIP ORDERS WORK WITIJ 3J G SKY A GAIì\ San Dieo(' ?ort District Big Sky beJo", ~J!Ddard DO comment no comment DD (Big S1:y"'2.5 &barn:ò by 1aken off job Port Dim=_! Helix WZ'.=:-Disnict on time gooò av~ge Y~5 yes, Renovari 0=. 0: 3 story str'~-..æe d=p~à.s on (Big SL')' ¡",¿ . gooò sup~tenåent superintená=. ) The City is concerned that a significant percentage of the references you provided regarding similar public works prqjects would not use Big Sky again.. The City believes poor past performance on other government constru...'1ÏoD jobs gives a reasonable likelihood of substandard performance on the ÜŒY Valley Recreation Center. ill. ThlERVIEW PROCESS As you know, the four low bidders were required to interview with a City interview panel. Your responses to several of the intervie¡;· questions concerned the interview board. You admitted during the interview that yo' did not ào a careful review of the plans themselves and further stated that you hired a consultant to do the bid estimate Îor you. This failure to make yourself familiar with the project and the bid specifications is 1roublesom~ in light of the disparity b~een your bid and the other three low bids and supports CiIy staff's belief that your bid is arrificially low. While th~ other bidd::::;; said they only used sub-contractors that they knew, you were not familiar ..vith the sub-conInl..'"tors used in your bid. Further, you were not concerned that the sub-comractors had bid too low. You stat:.=d that you would hold th= to their bids regardless and that this was not a City concern. Tne City strongly åisagrees wifu this. Friction between a contractor and its sub-contractors will inevitably result in delay, ina&quate worh",m~bip, and higher costs. When you were questioned regarding the Port Dis1rict debarment proceeding, you staled, ''It's no probl=. We always get our money. fl TIlls attitude greatly concerned the interview panel. 'When asked about probl=s the sub-contractors might have, you stated that "we don't listen to subs 'bitch and moan"'. These stat=ents again caus~ concern to the City. An uncooperative or adversarial relationship betw= a contractor and its subcontra::lors cannot be tolerated where the City expects a quality project which is TIm professionally and efficiently. When you were quesrioned about your bid for the sound system you stated that you did not know anything about it and then stated that the sound system would probably cost about $60,000 more. The other low bidde- ~ cJi-/? Herb Ax]] Octob~ 30, ]998 Page 5 had incl,,:i::ê the sou:-,: system in ti-;eiT bids with an approximate cos: of Sï.OOO. ,,'"liE is another e::2:npje which m:ijcates tha! ci:.ange orders and excessive costs are like]y to occur. When yowæpresentarives were dir::cted to the issue ofyoUT subcont;"actors underbiãåing the plumbing and landscapmg, one s~ "We wi11 take care of OUT subs." Based UpOD this, the City believes there is é. high probabili:y of the plumbing and landscaping sub-contractors walking away from the job due to it=5 ¡eft out of their bids creating é. work stoppage and delay in the completion of the recreation center. IV. DEBARMEJ\! OF BIG SKY CONSTRUCTION CO. BY THE PORT DISTRJCT A signrii=t issue reia:ring to YOUT responsibility is the Port District's decision to debar you from construction projects. Tlle Ci1y is v~ concerned given the nature and the extent of the difficulties encountered by the Port District r::1a!ing to yom past job performance, YOUT relationships with your sub-contractors, and the seriousness of the finãings made by the hearing officer Fred Luedtke, Depu1y Director of Public Works for the Ci1y ofEs::ondido. A::opy ofbis ñndings are attached to this letter. Two ofbis foUT .findings were upheld by the fu]] Pan District after an appeal by you. A. Pres::n'.ation ofFaiselJnfJated Claims for Pavrnent "Impressive" evidence was presented to the Port District showing numerous duplicate billings and overcharges in Big Sl:y's billing snDmitWs. Even after the Port District requested that you corre::! the submittais and to make ac...'"Dra1e submitrals in the future, the duplicate billings and overcharges from your company persisted in many subsequent WOIT requests submitted by Big Sky to the Port District. The Port District also submitted a comparison of wage rates for your employees shov.'D on certified payrolls submitted by you witñ wage rates for the same employees used by Big Sky in calcularing submitWs fOT e:>,:tra work paid OD a cost pius basis. WIT. Luedtke found that on many occasions, the rate paid to the employee p::r the certiñed payrolls was significantly less than the amounts used by Big S1.J' in preparing submit<..als for payment of eÀ1ra work. Too practice was found to inflate the submittals for extra worl:: requests. Tne hearing officer also found on some occasions that the wage rates used to compute the extra work varied widely for the same employee form one daily extra work report to the neÀ"!. At the hearing you did not provide any explanation for the o=ional wide variation in the wage rates used to calculate the extra work reports for the same empJoyee from one day to the next. Based upon this evidence, Mr. Luedtke concluded that YOUT company submitted f;, kA or inflated claims for payment and that YOUT company knowingJy used a false record or statem::m 10 get a f;, '<;!: claim paid or approved. B. Submission ofFaJse Certified PaYrolls Mr. Luedtke also found that out of the twen1y (20) certified payrolls submitted by Big 51:y for the Port District's m project, none of them were submitted by you within the requITed week1y time period. Further, every payroll su\¡mitteà was incorrect and needed to be amended by you. The errors in certified payrolls persisted throughout the execution of the work for the Port District's project. There was also evidence that on one occasion, a certified payro11 was submitted showing work occurring on a holiday when no work was ~. ~ .J/ - /7 -----_._-_._.._-_._-------_.~----_._-~---_. Herb Axl1 Octok' 30.. J998 Page 6 perfo=e: a: the SJle. Of the ej::o.'eD (l J) cemfied payrolls submitted for the Port District's FJetcher project, none were sUDmjned on a time]y basis. OnJy one was correct. AdditionaJ)y, job site interviews conducted by Port District scaff reveaJ::è fua1 during int=Views of Big Sl:y empJoyees for both projects, the empJoyee wou]d identify himseJf as an emp]oyee of Big SI:y, but whose name did not appear on Big S1.-y's certified payron for the same payron period. These fuÒngs raise 51lDs:antiaJ issues regarding your abiJity to accill"ateJy. honest]y. and carefuJJy a:;count for your rime wIDch direcÜy impacts your responsibility. V. FU!'.l>ING CONCERJliTS This project for the cO!!.>LI1lCtion of the Otay Recreation Center is being funded almost compJeteJy wjth federaJ funds de;:ived througi¡ D::partment of Housing and DIban Deve10pment (HUD) Co=unity Deve10pment BJock G¡¡¡ms (CDBG). .A.5 such, the Davis-Bacon Prevailing Wage Act reqtrires that the contractor pay prevailing wages and 10 submit timeìy payroll records to the City. After review of these records by the City for complet..'"Iless and a.::curacy, HUD is entitled to audit the records to ensure compliance with the Act. .tuJy prob1= ::auld result in the Joss of CDBG funds to the City for future public works projects. Therefore, the City has þ"ve and 1egirimate conc=s regarding Big S1.-y's ability to responsibJy meet the reqtrirements of HUD gÍ\'eD the findings made by the Port District hearing officer concerning the submission of false certifieL payrolls by your compaDY. P1ease c:omazt Rick Wl2!k:in, Building Services Superintendent, at (619) 691 -5 1 1 0, or Ellen Gross, D::puty City Attorney. at (619) 691-5265, shou1d you have any questions. Very Uil!y yours, QJ)P/ . ~ \ r JOHN P. LIPPIT~ I Director of Public Woits 7U ~ JL/uu "'"' Encs. .¡tf- C:Z4-/8 ~ / 1'1 e>.J ./..1.) / international A=ciation of tf,/~::e: ~~ Bridge, Structural and Ornamental Iron Workers ~ BILL TwEET WCAL UNION NO, 229 B~~AoCEJL S 155 MJur.::UP;Y !-O!"'"7 F:."IIUC1A.L ~UT AItD TUASUZZI. SA>< Dœao. CAl.!J'o",,'" 9Z11 J ~, (619) S'I_UU FAX (fit9) S71..G¡.O:; July ]4, 2998 Please deliver this fax message immediately upon receipt to: Name · Otav Recreation C=cr · 3354 Main St., Chula VISta Ca. 91911 Fax Number' · (619) 691-5111 · Message: To Whorn It Mav Concern: The two =tracts that have b= let to Bi~ Skv Genera! Contractors of El Caion i~ a msior == to us and the San Diel!o-lII¡peri1ll Counries Buildinl! Trades Councils. Mr. Abell bas a problem comnlvimt with Califumia staMes. concerniru! Ao.>¡.>1 cnticeshi,p and DTeVailinl!' W!¥es Bi~ Sky was iust removed for maior cost overruns on a Public Works job in ~ Buch and Ream Field. PJease let me know if additional information is needed. Thank you, E ~n·[! Charles R. Fouquette Business L""Presenta.tivc Total pages sent (including this cover sheet): 4 ij ~- f " ·'--'1 .... --1/ d 1-/ -p:¡ -.-. ...--.--.-.----,-- ---- 3-10-1J9: 5,32P~ rROt~ ::~.... Qr ~s: S'..,t~ ::'J 75Øê29L=37 >=-.2 - ~ ~ ! ~. ,. I IlrIIIAåms ~ City lionagedF'ublic Worn Imr.:Ior &giœerng Division (7&D) I3S45t, F1J: (760) E3S-C5S7 I .,' ! S~~mber 30, 1998 j - ~ i rm I I l0.5, Chrissa K Cordzy. Esq, .1 C:miay and F..z:-.m:y 11440 West B=a..rdo Court, Suit: 300 i CITY OF ESCONDlDO San Diego, Calliomia 92127 = NORTH _A" ESCOIIDIDO, CI. S2IIZ5 W.i.!. K=vin T. Cauley, Esq. . ~ C-a& and CalI1cy , ." -, . 1019 Second Av::nue, Suit: 2307 ..,;. San Diego, CaliÏornia 92101-4913 .. , I '. Subject: Big Sl-y Debarment Hearing - I Notice of Decision of the Hearing 6mcer .. ., .' v..ar M.s. Cordzy and Mr. Cauley: , I - Tnank you for yourparience whilc I have æken thb past week or solo consider .- me testimony from tho debarment h:::uing and review the various documents ":-, ., . submitt:d on behalf of both panics. After cODSid::ring the record from the .. bea.-ing, I hl:ve reached the following conclusion. I DECISION OF THE HEARING OffiCER ~ " Iris my ñnding that, based on the evidence and teStimony from the debarment hemng conducted by myself on Thursday. Scpt=Jbcr 17, 1998 and Monday, .. S=PI=mber 21, 1998, the Port of San Diego did ndmuny debar Big Sky General , '. Contractors, Inc.. for four of the six reasons listed F. the N otié:e of Intent to Dobar '., dated August 3, 1998. My consirlera1ions and s~ conclusions with regard to '.. - ca::h of the six charges an: discussed in detail beJolw together with references to .' applicable sections of the Port's debarment ordmJ¡cc as it applies to each charge. . Bi!! SI..-v's Reauest to Dismiss the Debarment HLI! . '..~ .. " AI the outsot of the hearing, the attorney for Big sk asked for dismissal of the :¡ àcb2rmcnt action cn sevend grounds. As I am suJ you will rc::a1I., I åid not " .. ài.<;mi."S the pro=dings and we continued with m9 debarment bearing on . . Tnursday, September J 7th as schedu1::d. I would like to begin this discussion of " I ' . . ' Sid Ho!Iina, Mayor , I Larl HoIi:_, lUyo;-?ro Tem ICaiIh E. Beier Jerry Co Harmon ~ .:<J/-,;J.O JunE Roày -...--- -- ~~ --- ~._- --J 7~~-?-'=-7 ;:0 < ~-l '13-1-995 :;: 33?t-1 ~C)M : ~ ,"" ....¡r- ~~... =-J"~ -' ~ ';.;>\(.c_=''-'':::': . _ I ¡ Sept=~~T 3D, 1998 I Big Sky D<:barm<::¡: Hc:a:ing Page 2 I , I I the: 5?""-=ifir: is.<=ö by r<:iterating my reasons for continuing witb ~e d<:barmcnt prD~~eding> aI th:Jt time. ¡ , Tne P:¡rt's dcba:w<:n! ordinance d<:scrib::s th<: role of the HearicgiOffic<:r. I un::i<::;;tand from th:: oråir.an::<: that th:: ~aring Offi='s role is 10 c:ondm::t an ~ve hearing; ::onsidc:r tc:¡;úmony and do..-um=nts from both the Port and the contractor ia::mg dcbarm..-nt; and, tQ I:nd:r· a de::ision with regani!D the debarment of the COntr3!:tor bascci ori the hearing =crd, A<; I und=tBnd the H::a:ring Dffu::=-'s =,ponsibiliti=s, J do not bcli..-vcit approprialC for the Hearing Offu::::r to rule on the legality or constitutionality Df!be Port's d=!:iarmcnt ordinance; argum::nt5 rt:garrling the ti~j¡n=ss at the dcbanncntbcaring; III'.P'UjJLiatcncsk of applying of the ordimm::e; retroa::tivcly to contra..'"tOr OffeIISCS cDmmitted befDre the enactm~ of the ordinance; or, any other similar issu::s of legal int:Iprctation. I leave tIi= c:on~ons and issu:s to be; resolved betw= the two parties through appropriate action in a court of~ with jurisdi::tion in such m~=. I , Tw~ or More Claims of Computational or Other Error WithJ a Two Year Period I The Port prDvjd:oà ::Dpies Df1:b= bid schcdules.submitted by Big :Sky within a two-year period. In ca::b of the thn=:: biàs, the c:xt::nsion of the unit pri::::s and the dtim.arcd quantities for sever:¡] items oi wDrk do not f:!Jual the line item tDtaI shown on the bid sch:duJe. In each case, the PDrt corrc::tro the ex~on' of each line item of worl:: using the estimakd quantity shown DLl the bid schedule and t}", UIÚI price quoted by the cDntractor. ConscquentJy, the summ~tion Df the cDn=1cd line items do not equal the total bid as submitted by BiglSky showII a::he bDtrom Df each bid scheduk. Tne PDrt awarded each of the th.-::e contracts to Big Sky wi!Ìl thc extensiDns and bid torals ;:u; eo..::;..."t<:d by the Port. I_ The difference betw= the bid totals as eoIICct:::d by the Port and l original bids as submitted by Big S1:}' arc faWy small .relative to the size and scope Df the thIb-projec:ts_ T=o;e differences r.mge from $3 to £394 for bid tDtaIs of S680.667 to $1,896,016. It is cJc.ar from th: testimDny of Mr. Herb Abell of Big Sky that tœ "crrors" discovered by tbe Port were the result of Mr. Abell's rounding of the IIDit prices in ~ of the biàs. In each case, Lb" corre:::tiDns made by the Port were not contested by Big Sky. lfurther, Big Sky made nD clliim "-, :l result of !he Port's co=tion of the "errcrs" Dn any of the thJ= bids. I SecLion 9_02(a.).of the Port's debanncnt ordinanc:, whieh cDntains:Subscc:tion 1 (debarment duc Lo computatiDnal cr. other errors) is p"'rmi"¡ve with regard to its ~lication. Tnis sectiDn Df the orrlina= states that II bidder or ::Dntractor may be declared incli~Dlc. It dDes not noquirc dcbarment of thc contractor for- computational errors.. From the record pI--s<:nred at tho: hearing as discussed above, I do Dot find sufficient grounds for debann<:nt Df Big Sky due to computational or other errors·as proviided under Se--tion 9.02(a) I of th:: Port's debarmcm ordinance. I , I --/:?J " cJ. ~ - d-/ -.-.- -,,_., ----- - --- - --- ,~ '- 3.- ì2-·~__ 5: 34-~ :=-;:¡QM ::::-:-~ :F £5::: ::J~:;;:: :::.; 7sae?"'-'=S7 '" L 59:=ber 3D. :;>9& 3!g Si.-y D=b~~ 3caring ?z.~3 . - A.b:mdonmen! of Contra co! i , D:::::'::;-¡ellL~ prD'~e::: :,}' both :±::: ?ort and Big SL)' S:'DW that ~ ~ng sur-.:::;:,...-d::tor to 3i~ Sk...· ~:::nobi¡:.,·-.; and ldt the m sit:: on at least!WD o::::asiom- tri..-:: jaœ in 5::::;t=mb::r of } 9,17 ani ~.::¡in late l¡; J2!:ùa!y of 199&. !. .. I ' , At·· f' 'di b:: th::Þ . S. . tœ 1.1= 0 t=: stoppages, ti1:r:: was a sput:: -tw=n - _ art 1UId B11; J..)' T:gardlng p¡¡y=t for 111:: g¡;¡ding work. The disput: b::rwœn ti:::: two ~ related to wb::th::r sam:: cr a}] of ti:::: grading work WJ!S en""""'"' work or ::xtta worl::; claims c:if !:banged ccn::iitions due to gr..mng revisions ~u:st:d by the Port; and, claims DÍ c:hangcd 9=ntions òu:: 10 ãis~overy of ullS'.ñ:zble m"t"'¡"1< rluring the grading operatiOIlS. Payment for Changes/extra work and åisDut:: =lurion = proviè=d in Sc::tions lC-19 and lC-56 of the c~ do::um.....nt>. Tn:: dispu~ r:ga:"!üng pay=¡ for grading wort was ev::ntDal!y r::so}v::d bc:w= the Pò:t and Big Sky. I . I , On roth o::=i= of steppage, the Port c1:arJy cxpn:ss-...d to Big Sky thar the :;-é'T¡g work shouid not be hah::J and that ti:::: Pert would int=r:t the coon=k's fail=.ID z-.....-ume work 2.~ ~ b==t of contra.:::. Diligen! pm=lItÍon of the w~k by the co~..or ar the cfu=o.ion of the Pon is p.."DVi=icd iR S=iOI! 1 C-15 of the contract doc:um=:¡:s. I I As Ii:: prime con...-a..""tOr, Big Sky is IC5pcnsibl: for supervision U:i rn3""~=t of it_ ¡;ub- C:Ont:â--IDr5. UpO!: Doti:: by the Port to continu: græìiT>g work, Big Sky shouJd b<!v:: rcquest:::, Dr = ò::.:naDnD"" pcrrorman::c by its grading Sub-coDtra:::tOr. D~-mg his t::s1i=ny rclaœd to th=s: zr.;tl1cn¡, Mr. _~11 of Big Si.1' appcar::d to be sympathetic: r.=i, if no! evcn sll??ortive of. ~ ¡;l0f':~'~e of wo:t~' his sub-:::oo:::L-ror. Th:n: is no evidcDc:: in ~ ~C:Drd of ~y efforts by Big Sky 10 compol it¡; sub-coritra::tor tD r:turn Io th: sit: ¡¡¡¡d continu:: Pciorman::e of the grGding work ~ tÜrcctcd by Port. .' I: From jJc ICCDro æ: åis::ussed abov::, I have cnnc1cd:d that Big SkY did abandon th= contrac:! d!4-mg :h::sc two =sions ¡¡¡; ,,«.......ò by the Pert; and, that sw:h 8bandollJIlCllt is suffic:ient ground¡; fur dcb"""","t of Big Sky d!J: to unsatisfu..-tory p:rfo~::e of contXact under Section 9.02(,,)3 of the ñ. ì._" """t orrlin",,-; unjustified f.ulure to honor ~ontr:lctu:¡] :obIiga¡.ions und:r Sec:!iOD 9.02(a)6; :mrl..la::k ofbusíness int:grity under Section 9.Œ!(a)&. , Con=lment ofI)....r"ctive Work I I i I Th:: =rd shows!ñzt, during tœ progr-...ss of the work on the ITr¡projct:t, tire Port mspcclor -dis::ove...-"d·' that.a uilli¡y vault installed by Big Sky had b= d:m:ag::d during i!S installation. From !ÌI:: Port insp::..-ror's dJilly r.::pom 'lDd his t:._timcny at Lbe hcbng, the dar.>"~ to the vault mDs! lii:Jy o:::cwr.:d on, or shortly :ú"tcr, October 20, 1997. The ~r's daily ""pons and his œstim:my al!'D show that the daIœged vault W:!5 -ãis::ov::n:d" by rc Ínsp::ctor eight day¡; later on O::!o!:= 28, 1997_ ! , i : cXij-~ rr- I I I 3-1Ø...:...9::5 5:3S?t-I: ~..:.:c:r./, .::',-y CF ES: 8~ :.:,¡ 7S~83SL55:7 ~.:; S:::p=b:::r 30. : 998 Big 5"0' Dcb=:::~ 3:::aring ; Page 4 I Fro::: =-umony of ÛI: Port's insP""...ctor, the damage lD th::: vault J.a.s Dot "dis¡;overod"" by th::; insp:::::tor but a::tlliiliy reported 10 the insp::ctor by a Big Sky cmpjoye:. Dui.Dg the n::porting of th: damage, the 3ig Sl::y employ::: stated to the inspector that .Bi~ Sky W<!S atL-mpting to cun¡::al the è=ge to tb= v¡u¡,1t from th: Port. . i' Mr. H::rb Abell of Big Sky testified that the damage 10 the vault ~as concea.lcd by some his employ=.s from both the Fort and Mr. Abell during tlJis eight da~ p:riod. Mr. Abell further t<:._tjfi-d that the con...-::a1ment was done by so= ofhis emploY9 to protect Big Sky's site supc:::iDtcndcnt £rom repercussions by Mr. Abell DV~ the damage lID the vaulL A scncs of lettc::s w= exchanged between the Port and Big Sky L=r a lengthy period af~r th::: discov:ry of the damaged vault The content and cha..-.u:tcr of ther~tters between the two part.i:::s uver 1!ús matter å=cnstratcs tba1 an adversaria1 Iclationship and IIl1ltual disirus! had developed betw,:cn the Port and Big Sky ~~g the ICquir--d ~pl.acem~tlor repair aith::: vault. Whjj:, BIg >:>ry may bc =a...-renzcd ~ CV¡U;lve and UDcoopcIiltlVe WIth i:gard to th.e v:mltrepair du~.ng this J=iod, at DO !ÍmC dtc:r the damage was discovCIed on Octobdr 28th did Big Sky attempt to can=.! the d~-d vault from the Pan. The d2mage to the vault was clearly visible from its interior. Th=i'= was no effort mad: by Big Sky. or any of its =ployees, to attempt to disguise or conceal theldamage within the interior of the vaWL Nor was any effort l!l2Id:: by Big Sky to deny the Pon inspector access to the interior ofl¡¡"..-auJt. I I CODtr;¡::[ docum=n!s for the m project, Se::tion 1C-32 - Car:: and Custody of Work. clearly SUIt: that the con~r is ~sponsible for all damage 10 improve~ts during th::: coun;e of th::: worl:: until its a¡:ccptarlce by the Pan. The Port had the right to refuse to accept th: vault until it was r::placcd or rcpaimd by Big Sky in accordance with the condet documents. A1; evidenced by th:: exchange of lettf:rs, the Port did, in fa....-r, asscn its right to Jfuse to aecept the damaged vaulL Further, the PortTefus:d to act::::ptBig Sky's repair¡; to the rl'au1t regarded by the Port as inadequate. . . - The vault wa.' eVCI1tlJally repair-_d by Big Sky- to the Port's sati1tion 'before the work was acc::pt::d. Similar to Section 9.02(a)1 as dis¡:ussed above reguding claim., due to computational erron;, the portions of the Port's debarment ordimmee which th::: Pan has ap~ed to Big Sky relative to wn=lrnent of d::Ïcctivc work, namely Se¡:tion 9.02(a)3,6, and 8,1ar:: permissive with regard lD the contractor's d:D1I..'ment. This section of me POIt'S debarment œrdinancc states that a conu=or may be decJared ineligible. The se¡:tion dnes not requirk: debarment of the contr..clor. From rh: record :lS discussed above, I do not find sufficient grounL ror deb=nt of Big Sky due tJ:> 21t::IIÍpts to ::oru:cal the damage to the vawL ~I~-'t' ~02 3 u_._________ ,.._,--_......~ -- r". t: S=?~h=r 30, ~;:;B Bi¡; Si:y Debarrn~t R::a.-ing Pag: 5 i i I -- Improper UR!! of Apprentices I I During Ihe cour¡;:: of t!u: work DD som.:: of the Pon's projects, Big Sky employ=cl an apprentice eJc::t:i::ian and ::TJ'~ into an Apprentic: Agr~rr'::Il! with L.'Je a,.,;._ntice and ~ A.ssociat::;:i Ell; 1"'= and Co~~ors of San Diego. The ABC of SD adminis~n the local apprenticeship pmg¡2ID fer eJect:i::a.llraåcs. The apprenticeship standard¡; of ABC of SD Were adopt=cl by Big Sky m its execution of the Appn:nti=hip Agreemenl Conï=:t documcDts for both the FJ..tl"h~ project J!IId the rr:t proje::t, SectÏon- IE-II _ EmpJoyment of Apprcttices. rcqum the COlltTador1c comply wiÍ!j tìw ratio of apprentices to joumqm::n of the 1Ipt" ¡;;lIticcship standards. . Evid= in the r--=om sbows the Port nDtÏfied Big Sky that Port cøuJd not verify tbe muo of apprentice to jOIL."D--ymen eJectri....-ians from Big Sky's ccnificd pa~oll records. In this regard, Pon D:3tificd Big Sky th.a1 Port could Dot verify journeymen slatDs F .sD1Dt; of Big Sky's employees purpom:d w be: journ::ymeD el~ans. The record mt:ludes COITcsptmdencc from tbe Port 10 Big Sky TCquestÍl1g supporting documentatioD for this ikm:. Big Sky provided ~r,.fjTm"tioD from ABC of SD tbat Big Sky had~ot violatca uexístÎng· standards regarding scope of wo¡±" for apprcntic:s with regard to e rrr projccL This confirmation from ABC of SD d.."'IIlonstrates that the apprentice w¥ performihg apprentice cJc..-t.";::a1 work at the tiIne of her employment with Big Sky. But, the cOnÍmnation from ABC of SD docs not speak: to the ratio of apprentice to jOlJIIlCYmen duri.cg þe Cour¡;e bfthe work. During examination by the Porr's attorney. Mr. Abell œstificd that be was nOl penonally fami1i<ü with the apprcntíœship standards refen:cd to in the App¡cnticeship¡ Agreement D::tween Big Sky, .... """",tic<, .,dABC ofSD. ± From tžæ record as åis=scd above, I have concludeó that Big S improperly used an . apprentice during tb: progress of tb: wort as asserted by the Pon; d, tha! sUch Ílnpropcr use of an apprtntiœ is sufficient grounds for debarment of Big Sky due ttb unjustified failure to honor contractt.:.:ù obligations under Sc..'"tioD 9.D2(a)6. Presentation of Fal!;e/Inflated Oaims for Pamlent Port =t.eDds Íhat Big Sky submítt::d numerous fdlsdinflated claims throughout the COur¡;e of work 0.:1 various projects while Big Sky was un~er contract to PorY Consider:Wlc impressive evid= supporting the Port's claim in this regard is provided in ¡record. : In the re~-Ort!L the Pon provided copies of a number of letters from Mr. Victor Banuelos. a Port District Contract M=ger, to Mr. Herb AbdJ of Big Sky requ~ compliance with the ITr comë.l:::: òo:::umcnts, S1>"'..::ific:.ù1y S=ion lC-19 - Cbsnges ånd Extra Work. Thí., sc..-tion detail, pro::::.dur::s to be usc::'in computing paj'ITlents to the c:ontr.sctor fo~bxtra work submitted on a . #-- I d?~-C:<~ -rC,M, ~ ~~ - . - --"- - .......-. -..¡ IOGo::''';:~~:.;:j1 ::-. -, i i I ! S~-'=b~r 30 10;;. , -r-...... - , ~.., - Big S".t:y De:ba=:>t :;~R"¡ng I Page: 5 I I I I eost plus baJiis. Mr. Banuelos' Í!:~rs id:mify n.u=rous duplic~jbillings and ove~h;u-g,,!; in Big Sky"" subm~. In his 1=tt..'"TS d.im:tcd to ~. R.~ Abell, ~. Banuelos ~J-.s Mr. Abell to c:ocr-...=t the submn::a1s and to m.a1::" =urate submittals ID the ftmmi. DespilJ: Mr. BJ!J1uc:Jos' num..-:-:>u.> r~ur:s".£ ÍOT ::ocr-..::t and a.::::ur~ submil'.Bl¡;, the dupli-"¡~ billi.c.gs and ovcr::hargcs from Big Sky p::::sis¡ in IrnUly bUbs~uent extra work requests subr!rl!!e4 by B!g Sky tD Port. , Fu~ in an auQit report dat=d June 9, 1998, Mr. O¡¡::ar Esquivel. a Port Auciir.or, investigated. Ch:u¡g: Orrlc.r No.2 of the IT! proj= and dís::ov--ICd forty-sevcn duplic:atc biIIings from Big Sky "";,g $3&,'<~". J In bi5 U:S1Ïmony, Mr. Herb Abdl of Big Sky =-plaincd. that the Iicate billings were clerical errors ::auscd by tDc Port's request fur supporting documents ....R~'erl to cEb· of the: daily extra worle r::ports. Still., Big Sky permitted these ""cleri::a1 errors" to cofmue for a long period after Mr. Banuelos' n=us request¡ for Big Sl::y to cocr-...=t the:se "e:rror;;". . . , I, Port staff also pr::pared a COmparison of wage nt=s for Big Sky e¡¡¡ployees shown on ccrtifred payrolls subm.incrl by Big Sky with wage n.tes for the: S3me empictees usai by Big Sky Í1) calculating .subnúI:a1s for extra work: paid on a ccst pJus basis. On many occa;sions, the Tatc paid LO Ib~ employee p::r the: certified payrolls was significantly less 1:œf the amounts u.~cd by Big Sky in preparing submittals fur payment of eJ::tra WCIX. This pta-'"ti:::e by Big Sky inflated the submitta.ls foretta WDI:k: req~. Further, on some =sions, tbb wage rates used to comput~ the cxtn wo¡:k varied widdy fer ~ same employee from one d2ily =-Ira. work report to thc ne:~ . ', During the debarme::nt bearing, th: attorney for Big Sky explaineci bthe dif'iercnc:c: b::twccn wage r.tt=s shown en c::rtífied payrolls and daily ~t!õ. work req were accounted for by Big Sky's p:1yment of fring~ benefits to its employees. But., wage usai in daily ~Ira. work repor!!; were also ov::.-burdened by Big Sky at 28% to 32% to co~ezu;a!e Big' Sky for cmploy~ fringe œnefits. Plus, en some occasions, the certified payroll 170' rate: was llsed by Big Sky when preparing the åai1y =-Ira. worI:. reports fur some empl!,yecs ~ not for others. Big Sl..-y's practí::c in this regard varied wid:ly b-..tween diffcr:nt employees dn diffr=:nt occasions with no appar::m rea<;on or justification. . No expJana.tion was offered by Big Sky for the cr...casion.al wide vatiation in wage r.ucs used to calcula!: the: cxtn work report.'i :fur tDc S3mC employee from one aty to the m:,II:t. . """" "" =oid "~~'wd """"" ""~ _ _ Big s~"'mbmi¡ """'mfurtod c:Ja.irns for payment as asserted by the !'t?ft; and., that such subn:ï ~f faJs~in.flaœd cbtï:ns is sufficient grounds for d:blUIDent of Brg Sky due to 1&:1:: of hus=s lntegnty Unœt SectIon 9.02(it)8 of the deba=t ordinance; fer knowingly p=enting a f:bse claim fl)!: pz.yment or approval un~r Se::tion 9.02(b)1; and, for kno"'ing1y using::l fal~fc0rd.or stittcmcnl t~ ge.t a fnls~ cl;úm paid or zpproved under Sc::tion 9.02(b)2. Tn face, ~ Section 9,:D2(1I.) which IS . permÏss;vc with rcsp::::r to deb=t ofrhc contra::lOT, Section 9.02(b) Stales thar a contr.u:tor H- d~~'J< 5 ----.------""...-..----.---- _:::J::.O::!::':_"":l~_.___._ __ __ _ _.'. ~-'Ø-1~~ 5,4Ø?~ ::-~Œ1 :;~y cr =:5::: ::N::;~ :"Z'.¡ 7sa8~=/-=7 ~. B S"pr=kr 3D, ~99B Big Sky D"barmem :1:earing P"ge7 - whose conduct fclis under S::.:::ion 9.02(b) "shalr be debarred thu. roiling deba.-ment DfBi" I '" Sky rnzIldatOry.. I Submission of Faise Certified Pavrolls i , , Cont.-a::r docum::nrs for both tœ; Fletcher and rrr project.>, Sectio~ 1 D- 31 _ Submission öf Certifu:d Payroll, r:quir:: the contractor to submit, OD a weekly b~is, certified CDpies of each ",,,,,n. Port 0- ~" Ihro_ "'" ~ of "'=1""" "')'ro" whm;n., by Big Sky were neither timely nor acc:urate. _ Port'" recDrds of pzyrolI submittals for tic TIT project sbow that twenty certificd payrolls were sUbmin:::dby Big Sky for this project. Port's records JIlso show thf nene of thes.:: twenty certified payroll, were submitt::d by Big Sky to Port within tht: required w-k. Further, all Df the origincl submiI:a!s were inCDrre::t and n::ctk:d to bc amendcd DY Big Sky. Erron; in certified payrolls pen;is~ throughour th: execution of the work: fer this project. Fchh:r, on at least om: occasion, a cenIDcd payron sbowed work o::::UIring on a holiday when no wbrk was performed at the site. I I Port'¡; =ords of payroll submittals for the Fletch::r project show that none of the c]evcn paymn, fDr this project were submitted by Big Sky within the required wdk. Of tho::se cleven payrolls, only one was eo=t as originally submitted by Big Sky. The remb;ning ten Certified payroHs were ÎI1!:om:ct and n~ded to be amenœd by Big Sky. j. ' . Pon. sW'f occasionally eonductedjob site interviews of Big Sky employees during me cOUr>= of both t.'1e ITT proj= and the FJ=tt:hcr project Evidence in the rceqro sDows that, on occasion, workc... were intervi::wed who id::lItified them~cIves as Big Sky =ployees hut who did not appear on certified payrolls for the ¡;lIIDe payroll period- L When qu::stioned during the hearing regarding timely submittal of rtifio::d payrolls, Mr. AbeJJ of Big Sky was som:wha.t vague and unresponsive. He testified tl4at Big Sky 'had insufficient office staff to prcp= the ccrti&d payrolls within the n:quired wcdk. When qUo::stiened as to his opinion of what tim: period constituted a timely submil!a1, Mr. Ahbn offered oplnions rdnging up to five years_ I . When quesúoned ahout individuals iœntifying themselves as Big Sky cmploýo::o::s during job sit:: interviews who did not appear on the certified payroll fer the S~od. Mr. ADeU denied knowleàge of the sp-..cific individuals. From Ihe records provided y Port, some of thesc indiviàuaJs interviewed at the job site did appear as Big Sky o::mpldv= on some =tÏfied payrolL,- In at 1=<;1 one example, one ofthcsc interviewed worke:! also appcks zs a Big Sky employ= on a daily ::xtra work ~ort submitted by Big Sky. J . From the record as di.<cu.~sed aho,"". I have eoncJudcd that Big Sk ,.did fail totim::Jy submit accurate certified payrolls as assened by the POrt; and, that -¡;uch f~lurc is sufficient grounds for I # ~/f-c::< ~ - ____u__ - -.- 3-1Ø-l:'3S 5,41"" F~ S!TY CF ES: ~ :JIV 7~-3C~=:::;7 .....= , , S=?~D=r30, 1998 I Big Sky Dcbarm..-n: Hearing í Pag:: 8 I i t i deba..-m:nt of Big Sky dll:: to la.=k ofbllsim:ss in!c~ty under Sc::tion 9.02(a)B cfthèè:!cb=nt ortfu;;m::c; and, for failure to tim::fy submit a¡:c= certifi::d p2yrDlls under Sc::tioD 9.02(u)J o. , a~~ J. 1 wouJd like to dos:: this letter by thanking both parti::s ODce a . for your patience whiJp I hav:: taken time to consiœr the teStimony and records ove:- the past f~ days. 1 have truly tried to fulfil my obliga1Í.oDs as Hearing Officer to !:be best of my abiliti: Throughout my consid=uions. J have tried to be as fair and obj::ctive as possibl::.f bo.th parti=s. Sinc=ly, I 1-~ ~.( ø L , , I I Fred N. Luedtke. H::aring Dffi= Deputy Director cfPublic Worb; , City cfEscondido I C: Rosann Galli....--n. DepUty Port Attom::y. Port of San Diego Mark Waggo=. Assistant City Attorn::y. City ofEscondico . . I I I I - " I , I fr i .. 1~7'-ó27 - ~"._._---,- ,....~--_.._-------_...,_..._.._,_...- EXHIBIT _B ... ì~t LUn~~~ f! ~ M, llJ F(C:~::;.::OF«::II"'" WIi.,...LI.OO-~. FL,.I~ 5~", 5Q,E"W ... _,--..._~__-....-", _..._c..-~ .. D.......I~ S. ~_Ihls.o'" KERR I ~" ..,~cc: To... W. f"":.:;)RTE:...:;E~ 1555 Ho"':"~ ::,RC1...f: 5oLm"., 5~c:.otolO F~p. SUS,AIro 1<. :....EI..SEA SA'" DIEGO. ::...uI"ORf<I.,a. 'D2108-3418 ..IO'TCE: E. :)o...c.o.Nvt~¡,.C TE.L..CPHONE.: {6 [ g) ZQr-::'31 ¡ SCOTT A. W-r:;C F"CSIMI~: :6 J $i) Z9g-:;'3.3oL ~OaEF:"":'" L !;QIOHT E·f'o1..t:....: c.oRo...A@ADNC:.CO~ .£ 1"'A00000=OOUol... CCU:t~ORATlO" I ÂI..$C ~ ,... COLoa-ÞO November 5,1998 VIA FACSJMILE 409·5823 & U.S. )VuIL Ellen Gros£, Esq. City ofChula Vista Office of ~ City Anorney 276 Fou¡-.b. Avenue Chula Vi=, CA 919jO R·· Preliminary DeterminJ11ion of Non-R~onsžbi1ity - Otay Recreaiion C~n1er Dear Ms. Gross: . - Tnis lc:tter is m response to De lc:tter of Jolm Lippitt dated October 30, 1998 and in furtherance of our telephone conv=a!Ìon of November 3, 1998 concenring Big Sky G=nera] Conrractors. In Mr. Lippitt's kner, he s+..aIeS that the City has marle preliroinary determination that Big Sky is a non- responsibie bidder and that the City 5"'úrlÏÌDtends to re=o=end that the COlltract be "",-arò<::d to the Dext lowest bidòer. Big Sl:y disputes the basis of this determination. As we discussed, theTe are various 'àrø of Mr. Liûpin's letter which require grearer detail in order Íor us to responl In the first section entitkd Bid Proposal, Mr. Lippin identifies thret: diñ<=rent concem5_ Th<:: ñ,st concern is the "large áiñcrence" betWeen Big Sky's bid and the other three low bidders. This concern is rather su:priSÌllg in thz: the variation is something around eight percent. Plt:ase COru1:ill whether this difference ÌD and of itself is pan of tee basis for your determination. The second concern is icknriñed as a difÍer<::nce in the bid for plumbing and landscaping items. My question is: do YOIl contend tha:;: there are errors in Big SI,:y's bid for these Îte¡ns. If so, what arc these errors. The fa.::¡ that Big Sky's bid is lower than the other bidd::rs for thes<:: items do<::s not m::an that they are incomph,te. Big Sky's piumbÌDg subcontractor is Allstate Plwllbing. ..6Jcrue Brown of Allstate has confirmed to Big Sky that he has no concerns regarding th<= complet::n= of his bid. F urtherroore, DO o~ bidders listed .tJlsta:te as their pllJJTlbing subcon!rac1 or. . . G:\WPDATA\150C\0Q2.'CI-ruI..AD1.JŒn £r .;2q-,;z8 ---- ------ Ene!! 8-oss, Esq. City 0: Chula V1.>.J. Nov~~~: 5, 199E: Pag:2- Wcil respect to iandscapiDg, Big Sky listed Century Pacific. Victor Cruz of Century Pa:::iÏi: :;z.:; also coci.-¡ped that tœy have DO con::ems about the completeness of their b¡d. No Otœí )0'1'" :oi6é;:~, listed tbis subcontra..-w: cither. Mr. Lippitt's l::tter implies that the other bidders also used these subco~ors and rim: they had to revise their bids. Since nOlle ofthC other low bidders used these subcont.-..:::tors, wha: is the basis of this statement. If it is your contention that Big Sky' ~ bid for th~~ items is in =or, pl= jcienIÍÍy the e;:act nature of your concern aDd we will respond a::~oráingiy. Tœ third con= regards the sound system. The specifications provided to Big S1.)' did not iDclude all item for tœ sD1JIld system. The omission was made not by Big Sky, but by the City of Chui. Vista. Are you cþ;mm= that Big Sky's bid is in e!TOr? If the bid specifications did not identifY the sound system, on what basis do you contend that Big Sky's bid was non-responsive on this item of wor!;? Tne n:xt C"TP;:Ory of concern discusses occessive change orders. However, this sc:ction does not identÌÍy my specifics. Typically, the number of change orders on any given job is a refiection of the complcr=s of the plans and specifications. AIe you contending that Big SI-..-y has a pÜictiC:: of =rCS.Ú¡lg change OTÒer work that would other¡¡ise have been included in thC contract work? If so, pleas:: ptú-Jjli~ some grearer specificity so that a response can be provided. On the refer=nces secrioD, these listings are also extremely vague. \Vith resp= to the North County Transit Board, Big Sky listed Lane Fernandes as its reÏerence. At this point, we bave bee,: unable to confirm with Mr. Hemand~ whether he was ever contacted by the City of Cbula Visu. ami whether these cone.."." were, in fu.---t, voiced by him. Apart from the response of the Port District, this was the only other "nega..tive" refere::lce iDdicated. For each of these refereDces, please inœcate wno yau spoke wi-.n aDd whe¡¡ so that we may place these responses into some sort of cont= aDd respond t::> them. "With respect to tœ category of change orders, what type of criteria was utilized to determine whethe:r the number of change orders was excessive. .~, are you contenåiDg that Big Sky cr=ecl change o:der work out of contract 'Work? Mr. Lippitt's I~ also inchldes an ana.ched letter. from Charles FOl.lquctte of the Bridge, Struc:tunl and Ornamental Iron Wo..-kers Union. However, Mr. Lippitt does not indicate whether this l::tter was relied upon by the City s:.-rlffor tbis preliminary determination. Please indicate whether Big Sky needs toresponrl to this letter. In addition, the letter is only a fax cover sheet which indicate" <i toW offour pages, please forward the rem";n;n!; pages for our revicw. c-:.\v.TDA-:A\l~04\OC12\cHOlA01.lŒfl cflT ~4-.;z c¡ ~_.._._...,-.---...---- - --..-...- ~~----~ -- ~-. -..' . ..- ~_. -_ ~ ~ -. v.", --------------- Elle1} 8-0S5, Esq. City =-= Chula VlS¡¿ NoYe~,,¡- 5, 1998 Page ~ l;:e ne"t section aridresses ccn=-erns stemming from the interview pr;>cess. Th: first issue concerIl5 M..r. Abell's f>mi]i>rity with the plans. Mr. Lippin contends that Mr. Abel! admiIT::c' " ¡¡,-.oj' :' familiarity with the plans and specmca.tions. This is not true, In aridition, there is no truth to the contentioTI that this es-illnate was prepared by an outside consultant. Big Sky's bid was pr~ared by Mike B2.-ban who ""'25 an employee of Big Sky at the time the bid wa¡; submined. W¡;:h respect t:J th: concerns that the bid is artificially low. The bid variatio~is only eight percent and the landscaping ami plumbing subcontra=rs have cxpre!:Sed confidence in their bids. 'W-rth r=.spect to Mr. Abell's statement: that he would hold the subcontractors to their bids, what is it about tha1: statemem tha1: gives you concern. That is the standard positiDn in the construction industry and is why these bids are binding. I would assume that the City would equally take the position that if Big Sky made mistakes, it would hold Big Sk)' to its bid. This fact alone is not indicative of an uncooperative or adversarial relationship; it is simply the llature oftìæ business. Big Sky has enjoyed strong reiationships with a number of subcontraCtors who are llSed rcp"..atcdly in its projects. If you have specific concerns regarding Big Sky's relationships with any subcont;ã...-rors in particular, plC02.S" identifY the subcrmuactor so that th::: issu:: =y be addressed. You may note that in the Pon d::banne¡¡t proceeåings, Big SI..-y was criticiz:::d for being too "sympa.thetic" or "suppoItÌve" of its subcontractor. 'W-Tth respect to the sound system, this item was omitted by the City on the bid specifications. WhenMr. Abell was questioned about the sound system, he was answering off the top of his hc:3.d without having reviewed the system or having pric:::d it out. If you w;>uJd liKe an act'.1E.l bid on this sound S)'s-cem., Big Sl:y would be happy to provide you with one. Th:: original bid áid not include this item as i: was omitted :from the sp::::mcations. Finally, with respect to the debarment proceedings by the Pon Dist;Ïc!. please identify wheth"" you are relying upon any ÎnÍormation other than Mr. Luedtke's notice of d.:c:ision. Spe=-mcally, are you relying upon informaIÍon which has bc:::n' supplied to you by the Pon District. IT so, piea.se idemify 2.IJ of the ÎnÍorma!Íon being relied upon so that we may address it at the same time. Q:'IUl'PDAT A\lS04\n02\CHü-AD1.REB ilß Jt~-.3ú ..-, - EXH!81T _.,J2"~, THE CITY OF CIroLA VISTA DISCLOSURE STATEMÐ.\ï You are required to file a Statement of Disclosure of certain ownership or fmancial interests, payments, or campa;gn contributions, on all matters which will require discretionary action on the pan of the City Council, Planning COmDÙssion, and all other official bodie>. Tne following information must be disclosed: - 1. List the names of all persons having a fmancial interest in the property which is the subj""t of the application or the CO_...ct , e.g" owner, applicant, Contractor, subcontractor, material supplier. -::::;T'~ £.. þ",,\-..r c. 4.. S b"....\oc , \.........c 2. If any person- identified pursuant to (I) above is a corporation or pannership, list the names of all iildividuals owning more than 10 % of the shares in the corporation or owning any pannership interest in the pannership~ hï¡¡,;>i:- :Do~. 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 trostor of the trust. tvlA - 4, Have you had more than $250 worth of business transacted with anY::;?rber of the City staff, Boards, Commissions, Committees, and Council within the past twelve month? Yes _ No _ f yes, please indicate person(s): 5. Please identify each and evety person, including any agents, employees, consultants, or independent Contractors who you have assigned to represent you before the City in this matter. ~/Þr 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 election period? Yes _ No ..0f yes, state which Council members(s): Date: ih<\/'ì¡') · · . (NOTE: Attached add~ as #-ry) "ïp. C~5 Dad"," t ("C., . Signature of Contractor! Applicant IIÆr &I9T£5 ;/f C 't s l>oc,-b. , (""IC- Print or type name of Contractor! Applicant ( " Person is defined as: "Any individual, firm, co-parrnership, joint venture, association, social club, fra/emal organization, ... corpora/ion, estate, trust, receiver, syndicaIe, this and any other county, ciTy or country, ciTY municipality, district, or other political subdivision, or any other group or combination acting as Q unit. e2/I- .,3 JL " (" .. ,---._.~-----,----,._- ---..--.-.-.- ------- ElleD Gmss, Esq. - . Cì:y ~: Chula \1 lS:é. Nov::::ÙJer 5, ] 998 Pag::4 I look forward to receiving the requested informarioD and look fmwi:.rd to w::"'¡~'f. ., .¡: i ~'Cc: c"' November] 1, 1998. Should you have any questions or concerns regarding [he aboy::, please do noc hesitate to call. Best regards, THE CORONA FIR.TI.1, LLP REB :wnf _.-. G:\1J..'?DA TA\lSt)4'(I02\Ci:...""-A,OI,'R.r:.I3 -il!5 d'j-.,3/ EXHIBIT. C- . MEMORANDUM September 23, 1998 TO: Roberto Saucedo, Senior Civil Engineer . I, FROM: Judith Atwood, Community Development Specialist J. ~ SUBJECT: MBEIWBE Contractor Review for the Otay Recreation Center I have reviewed the bid package from Big Sky General Contractors, Inc. and found that Exhibit D - Bidder's Minority and Women Business Enterprise Information worksheet was incomplete. I contacted Big Sky requesting they complete Exhibit D listing any MBEMfBE subcontractors that were going to work on the Otay Recreation Project. Big Sky had a deadline of August 31, 1998 to submit the information to the Community Dev¡;;lopment Department. Wnile waiting for Big Sky to provide the requested MBEfWBE information, I reviewed the next lowest bid package, C&S Doctor, for MBEfWBE compliance. C&S did provide a completed Exhibit D listing a MBEfWBE subcontractor. Wnile reviewing C&S Doctor's bid package, I contacted Steve Doctor requesting the CaITrans Certrncation regarding their MBEfWBE subcontractor and also requested any back-up documentation showing C&S Doctor made a "good faith" effort to advertise to MBElWBE subcontractors. C&S Doctor did provide the CalTrans Certification and ináicated that he would be able to provide the back-up documentation by September 23, 199B. On August 28, 1998 Big Sky faxed to my attention the Exhibit D worksheet. I noticed the worksheet did not list any MBENVBE subcontractors.. In order to complete the review process for Big Sky, I again contacted Big Sky and requested any back-up documentation showing a "good faith" effort was made in advertising to MBE/WBE subcontractors. Big Sky provided back-up documentation. Based on my MBElWBE review of both bid packages, I have determined that Big Sky General Contractors, Inc. and C& S Doctor did make a "good faith" effort in their attem.pt to meet the City of Chula Vista's MBENVBE goals for the Otay Recreation project. Although I have only been asked to review the MBE/WBE compliance, it has come to my attention that Big Sky General Contractors Inc. is in debarment proceedings with the Port District of San Diego. In telephone discussions with the Port District attorney, it was ináicated that Port District staff was having difficulty administering Big Sky's agreements. .;;ð dÞ/-:13 . ..-., -+"'~'-"'-'--"-- -".-..~._-_._---~-_._.,.._,._-_.~_..~-~._.._--- -----_._~~.__..__._-----_..__.._-----,,--------,.- Memorandum M3E1WBE Contractor Review for the Otay Recreation Center Page 2 The Port District began investigation proceedings of Big Sky's contracts and discovered the following six violations. 1. Computational errors in bid submissions 2. Abandonment of conduct - walked off the project 3. Concealment of substandard work 4. Misuse of apprentices 5. Falsification of invoices 6. Falsification of certified payroll In light of the information disclosed by the Port District regarding Big Sky General Contractors, Inc. should be cause for concem in Big Sky General Contractors, Inc's ability to perform in a reasonable manner. " According to the City's HUD representative, if the City has concern over the previous performance of a contractor under consideration, the City has the option of selecting an alternative contractor. Based on the debarment proceeding being filed against Big Sky General Contractor's, Inc., this creates sufficient cause for concern in selecting Big Sky General Contracting, Inc. I trust this information will be helpful to you in selecting a contractor for the Otay Recreation Project. If you should have any questions regarding this memorandum, please contact me at extension 5036. cc: Lyle Haynes, Assistant Community Development Director Juan P. Arroyo, Housing Coordinator . Jim Holmes, Civil Engineer . . Ben. Herrelš',As~!s~nt Engineer II ~ Rick Matkin, Construction Supervisor Dick Thompson, Building Projects Supervisor / f"'.... , .=: . Ellen Faye Gross, Deputy City Attorney Otay Recreation CDBG File / " ~ S:P 1998 ~\ 1:2 '" \L~ - "'n""p _._ U> ..-. i ',1 ""'" f- W ~ ,:';fnNW 0 -:-.I.L.~ '·1' ~ ''0. a ~b" ..... .~ I <!'~ 1." ~ .2-2/-3Lf ~Ol ~ -6eL9S'V <.....:.. '\'/"-.'/' . j) '.< EXHIBn ,___~,~, :1 , . '~ -c- "I": . dr: ~ ~ ~" 'CL ~:, : ~ ~ ---'I i= :-- // ,,"',1 . ._ '. // , "", '........... ~/ .~ ~ . I in: / ! '1 i ; i ~ l:'" ! UJ! 1/ ¡ ~ ~l ì 1::>313 ~ Il / d . I / ; ~ N N"" Z I ~'91 ~ ~~ I I "111:11 ~rcl 'c.o I: I N Ii <..0 ¡~\ n -0 ! ~,i:lii '" ~Il ~ ~~" Sa:: " &~i 011! iI I l/) U1 >'< I " ~I:::' c:::, I « 'I' I ~ ' Jilll,i ~!It ~ .- '0'1 ^ld~ns ~3l'v'1 '"-oj'I¡'I' J. 1....1 c.:> _ , ~liI" . ) l:g i ¡ tlW ~ ð -0 lV'èl31V'11 èl3M:: ~' . - ,NOt1J31dèld 3 H cí!SJ- ~ . ·1 ~ L{)- ' [j¡ in~0l8 0, 3:¡11 ~~ ,,'1, ~. ~. t.: tJ "_~ " II'~II:: ~ ~ . ~w '·mm " II. U1~ f : 2 ~'....J I ' , I U1W 1~ ï i. õJ ~ î ~ I o o \ II:: W U1 o 0. 0:: ii [J , ::> ' ·'n - ·1- ¡ D¡- I '. I F I . ...J ::> ~, n~[]LJ I I CL _~' . u [] [] I ~..' .~ ". - -. n\ ....',.... '. ~--',--.L:.'..!- '.:', . . -~ -~- - ... - . . . '. '-' ,. -", . '.. . -' - . " - ' . . - " - -,< ' ',,<~,,',- -:, ' ' :'\ -~ ~ -,-",: -" 'V '~I," o~-, ';j,i/ 85-' "" - (' , " '.>~> ,t'~~;c-c~:~:'.:.~:L::L~~:_.....:.-' ' _.....: ....:,:__ ___________ COUNCIL AGENDA STATEMENT ITEM ;¿ç- MEETING DATE: December 8. 1998 ITEM TITLE: Report on the 1998 Chula Vista Public Library Master Plan SUBMITTED BY: Library and Recreation Directo REVIEWED BY: C""M_~fJ( Þ;¡ f (4/5th Vote: Yes_No....K..) ----?" In November 1997, the City Council approved a contractual agreement with the finn of David M. Griffith and Associates, Ltd. to assist the City in revising the Library's 1987 Master Plan. After a year of effort, a new master plan has now been drafted which, if approved, will guide the development of the library system well into the 21st century (Attachment A). RECOMMENDATION: That the City Council accept the 1998 Library Master Plan BOARD/COMMISSION RECOMMENDATION: The Library Board of Trustees has had considerable input throughout the development of the plan. At their meetings ofJune 24, 1998 and September 23, 1998, the Board unanimously voted to support the Library Master Plan (Attachments B and C). DISCUSSION: I. BACKGROUND In 1987, the City Council accepted the Chllla VistaPllblic LibrarvMaster Plan: Facilities Planninf! to the Year 2010 developed by a joint venture ofHBW Associates fÌ"om Dallas and Michael Feerer & Associates fÌ"om San Diego. The report, which was commissioned following the Montgomery annexation, was designed to assess the City's future library facility needs and outline the most appropriate, cost effective, long tenn strategy for public libraries in Chula Vista. The 1987 report recommended that the City build three regional size libraries in Montgomery/Otay, Sweetwater/Bonita and the Eastern Territories to complement the existing facility in the Central/Bayfront area. The plan also outlined square footage requirements as well as staffing, collections and other standards. dS';/ '-..' ',' .-.- - ._._....._.~~-._- --- _.~_...-.._,-_._---.~-_.._._-----~._- ITEM . PAGE 2 MEETING DATE: December 8. 1998 The 1987 master plan has proven to be an invaluable blueprint which the City has carefully followed over the last ten years. For example, the South Chula Vista Library specifically was built to implement the recommendations; and the current site for a future library in the Sweetwater/Bonita planning area (across the street from the new YMCA) was selected with the plan's criteria in mind. All facility master plans have a finite shelf life. The State Library recommends updating the plans every ten years. It is particularly important to have a current plan in order to take advantage of any possible construction grants that may become available. The 1987 plan was indeed instrumental in securing the $6.7 million grant to build South Chula Vista Library. Approximately two years ago, the Growth Management Oversight Commission (GMOC) also began asking that the Library, Fire and Police Departments develop new master plans in light of expected growth and the annexation of the Otay Ranch. The GMOC was particularly interested in understanding whether the current Library threshold of. 5 square feet per capita is too high, or not high enough, in light of the impact of new technologies such as the Internet. II. REVISING THE LffiRAR Y MASTER PLAN In December 1997, consultants Beverley Simmons and Jacquelyn Harbert, from the firm of David M. Griffith and Associates, began the revision of the Library Master Plan. Their premise was that the plan would be based on assessing the needs of the community and applying the appropriate City and Library standards. A. Needs Assessment The first element addressed was the needs assessment portion of the plan. Ms. Simmons and Ms. Harbert conducted one-on-one interviews with key community leaders from City and County government, the business community, educational institutions, non-governmental organizations, the development community, librarians, boards and commissions, and City staff. By early spring of 1998, we1l over two dozen individuals had been asked to discuss their perceptions of current library services and their vision for the future. See ATTACHMENT D for a list of interviewees. These key community leader interviews were augmented by a January 1998 Town Hall Meeting which provided any interested community member the opportunity to discuss these issues. Unfortunately, even after mailing out almost 10,000 notices throughout the community, the forum still only drew thirty-five participants. However, those individuals that did attend, generated two hours of valuable discussion and comment. Then, in February and March 1998, a community telephone survey was conducted to ascertain general attitudes, use patterns and overa1l satisfaction levels of Chula Vista residents regarding the dS/~ ~_._._..__._..- __________.______,_ ""_'M_ __·_.·,_____.·_w~_____~__.__.____._____ ITEM , PAGE 3 MEETING DATE: December 8. 1998 Chula Vista Public Library. The survey was administered by the Survey Research Center (SRC) of the University of North Texas under the supervision of Dr. James Glass, Director. The conceptual population for the survey was all adult Chula Vista residents (18 years or older) living in households with telephones. The survey sample was drawn to reflect the current residence patterns of the City's population in relation to Interstate 805. Interviews were conducted by trained and experienced bilingual (English/Spanish) telephone interviewers from a central telephone bank in Denton, Texas. A total of 400 usable interviews were conducted. The margin of error for the sample is +/- 4.9%. The survey found that 71 % of all City households have at least one member who possesses a current Chula Vista Public Library card, and that two-thirds of all City residents used the library within the last twelve months. Although respondents indicated that they were fairly satisfied with the existing facilities, most east side residents would like a new, full service facility located east ofI-80S. Library users also were interested in a variety of other service improvements, including: · collection enhancements · increased programming · services to facilitate remote access to the library from home, work or school · improved access to computer technology · increased service hours · improved patron work areas An Information Memorandum outlining the results of this survey was previously sent to Council in April 1998 (Attachment E). Additionally, the needs assessment includes a detailed analysis of the Library's usage and financial picture. A comparison of those statistics with similar sized independent city libraries in California was then conducted and is included in the master plan. The consultants found that the Chula Vista Public Library: ... is one of the busiest in the state, with circulation and reference service levels that are appreciably higher than most city libraries serving similar size populations.! ... has more staff per capita than comparison libraries, but this level of staffing is consistent with a higher level of activity for reference and circulation. ... has operating expenses which are approximately equal to the average of the comparison. !See Section I: Needs Assessment; Part 3: Comparison with Other Libraries, page 20 of the draft Library Master Plan for a chart comparing Chula Vista with other City Libraries serving Populations from 100,000 to 200,000. ..2ý J -,_.--..._-,~- ---- - ---- - - - -,.'......--....-.-... -"", ITEM , PAGE 4 MEETING DATE: December 8. 1998 ... has a per capita materials expenditure below the average of comparison libraries. ... has fewer service outlets per capita than two-thirds of the libraries surveyed ... has more resources and offers more service hours than most neighboring public libraries (National City, the City of San Diego and the County of San Diego). B. Plannimz Standards Once the needs assessment was complete, the project team turned to the issue of planning standards. This was a particularly challenging area of discussion since the library profession's attitude toward standards has changed considerably over the years. Once upon a time, the American Library Association dictated library standards ITom "on high." Today, local public libraries are expected to develop their own set of community-based, results-oriented standards after carefully conducting a strategic planning process. The consultants have also attempted to measure the impact of new technology on library service and space needs. Although no one has a clear crystal ball, everyone has an opinion on this issue. The document attempts to move beyond pure speculation and describes how the use of new technology has actually increased library usage and strengthened the public's perception of the library as a primary source for information. This of course, is coupled with the library's use of traditional print-based resources, and it's historical role as a neighborhood community center. Finally, the planning parameters were applied to the City's population forecasts to determine square footage needs. Location criteria and various library service concepts were also examined. In addition, the viability of the existing EastLake Library was reviewed, as well as a one acre library site offered to the City in the EastLake Village for a branch library. III. THE RECOMMENDATIONS OF THE 1998 MASTER PLAN The ultimate result of this effort is a set of recommendations to guide the physical development of the Library system over the next decade. The primary recommendations are: . Provide a full service regional library facility (approximately 30,000 square feet) east ofI-80S as soon as possible. . Continue to use the current Public Facilities Development Impact Fee standard of 0.6 square foot per capita for libraries. ;2ç~r .-.-....--"'.-..-"'-- - -- --'~---~--'----'---'--.'--- ,-----..-------.---- ITEM , PAGE 5 MEETING DATE: December 8. 1998 · Utilize the City owned Rancho Del Rey site (at the northwest comer of East H Street and Paseo Ranchero) for the first east side library as soon as possible. · Do not exercise the option to use the EastLake Development Company one acre site. · Close the EastLake Library, on the campus ofEastLake High School, after the first regional library is built east of! -805. · Construct a second (and final) 30,000 square foot regional library in the Eastern Urban Center of the Otay Ranch, probably near the year 2015. · Revise the Library Master Plan in ten years or before construction of the second library. See Attachment F for a map outlining the locations ofChula Vista Public Library branches in the year 2015 as recommended in the Library Master Plan. IV. ISSUES RESULTING FROM THE MASTER PLAN RECOMMENDATIONS The recommendations of the Library Master Plan raise a number of issues: A. The Per CaDita Standard for Libraries Late this summer, senior City staff members assessed the draft master plan, with particular attention being given to its compatibility with the facility standards that are detailed in the Library component of the Public Facilities Development Impact Fee (PFDIF). The review confirmed that there was a difference in the GMOC threshold standard for libraries (.5 sq. ft. per capita) and the PFDIF citywide standard (.6 sq. ft. per capita) for libraries. It is important to note that the standard used in the PFDIF program was established on the basis of the citywide library service goal of .6 sq. ft. per capita, which was adopted by Council as part of the City's Growth Management Program (GMP). Staff's review strongly recommended that the new Library Master Plan be similarly based on the GMP's service goal and the corresponding PFDIF standard of.6 sq. ft. per capita If the new Library Master Plan were to be based upon the threshold level of.5 sq. ft. per capita, the GMP's citywide service goal could not be met. Moreover, this could potentially establish million dollar liabilities for the City, by creating "pre-existing" deficiencies in library square footage east of 1-805 and/or requiring reallocation of a portion of the PFDIF share for the South Chula Vista Library. Because of the large size of the South Chula Vista Library (37,000 square feet), the City will only need to build at the rate of. 53 sq. ft per ~ capita in order to approximate the citywide standard of -25----3 ..~..._-_.._----~_.~-----_.,. ITEM , PAGE 6 MEETING DATE: December 8. 1998 .6 sq. ft. Applying the citywide standard results in the need to ultimately build two regional branch libraries of approximately 30,000 square feet each on the eastside. This is almost exactly the recommendation of the 1987 Library Master Plan. At their November 16, 1998 meeting, the Growth Management Oversight Commission reviewed the recommendations of the Library Master Plan and reached consensus to recommend that Council change the GMOC library threshold to .6 sq. ft. per capita, bringing it into compliance with the Growth Management Program's stated service goal and the PFDIF standard for libraries. B. Eaualizimz Access to Librarv Service Throughout the Citv Over the next twenty years, growth projections indicate that approximately half of the City's population will live east ofI-80S, while the two primary library facilities (Civic Center and South Chula Vista Libraries) are west of that freeway. Also, as growth continues in the east, drive time to the west side will continue to increase. When one considers that residents are currently willing to drive only IS minutes or less for library services (see the telephone survey results) this drive time issue becomes critically important. AB a result, the Master Plan reports that the two major facilities west ofI-80S will not adequately serve the growing east side. Therefore, a key location criteria for any new construction for public libraries is that it should be undertaken only east ofI-80S. C. Reaction ofLibrarv Master Plan Recommendations bv Stake Holders In general, the response to the revised Library Master Plan has been favorable. City staff has reviewed the PFDIF standards with each of the developers and they have indicated their acceptance. The Otay Ranch Company does continue to express their theory that technology will eliminate the need for large regional size libraries. This philosophy is consistent with their desire to create neo- traditional neighborhoods with smaller branch libraries in each village. For over a decade, the Library staff has opposed that concept on the grounds that numerous small branch libraries are expensive to operate and that their small size precludes public access to a large variety of materials and information. The Library Master Plan consultants were specifically asked to review the small (neighborhood) vs large (regional) library issue to determine if City staff was going in the right direction. The consultants concluded that the City should indeed continue with its regional library plan because it better meets patron's expectations of service, and it is a more cost-effective solution than neighborhood libraries. .,2ç- t ----- .. ....,..__..--._-,._--~--_.._-_._--_._---,-_._-,---_._~----_.~ ITEM , PAGE 7 MEETING DATE: December 8. 1998 Finally, the consultants also attempted (as discussed above) to determine if new technologies could mean smaller library branches. Unfortunately, there is little empirical evidence to support the answer to either side ofthe question. As a result, the consultants analyzed library usage of Silicon Valley city libraries from 1991-1996. These libraries were chosen for examination because they are located in an area of high household income, high educational attainment, and significant access to personal computers in the home business, and educational environments. Within these communities, the data shows the public libraries continued to see increases in reference (up 5.4% during the years studied) and in circulation (up 9.6%). Even in high tech Silicon Valley, people are still using their public libraries to meet their informational and recreational needs. However, what patrons actually use in the library may be changing. The computer terminal or personal computer is rapidly becoming the search tool most used in libraries. Computers now provide access not only to the local catalog, but to thousands of databases, full-text periodicals and newspapers, catalogs and indices from around the world.. .and of course... the Internet. Libraries pay for the public's right to access these expensive databases, which would be prohibitive for most individuals. The result is that people are spending more time at the computer workstation while conducting their searches. This change means that more workstations are needed to accommodate the way people look for information. These workstations require space. Users are also finding that more and more they need navigators (also known as reference librarians) to help them search through the morass of information. On the other hand, some reductions in space are possible, especially in the reference areas where a set of encyclopedias can be reduced to a single CD-ROM. Also, most periodicals are no longer bound and shelved because they can be retrieved easily, quickly, and cheaply online. The consultants estimate that the number oflibrary volumes might be reduced by five (5) to eight (8) percent due to this technological change. However, at the same time, there is a need to increase space to accommodate the workstations necessary for the public to access the online information. D. The Fate of the Joint-Use Librarv at EastLake High School The Master Plan recommends that the City end the joint-use library at EastLake High School once the first east side regional facility is constructed. The consultants concluded that the experiment has not been successful because of physical and policy limitations, including: · Poor visibility · Inadequate parking (not enough spaces and not close enough to the library) · Inadequate public access due to the absence of daytime hours since the high school campus is closed to the public during school hours c2S-- ) --_._......_~._-_.._,,- ----.."-...--- _..._._._._---~----_._,._----"-----_..,.._,,-,- ITEM , PAGE 8 MEETING DATE: December 8. 1998 As a result of these limitations, the EastLake Branch is seriously underutilized, representing only 4% of the system's circulation, despite housing 9% of the system's materials collection and accounting for 10% of the total library space. The EastLake Library is operated under contract with the Sweetwater Union High School District. Since the joint-use library was considered and even called an "interim" facility until a full scale branch library could be constructed, the contract does take into account eventual dissolution. For example, the books owned by the City, and those owned by the District, are clearly marked both physically and electronically in the online database. Therefore, we will know who owns what when the joint-use ends. The EastLake Library agreement comes up for its second renewal in August 1999. At this time, the Library expects to recommend renewal until a new library is constructed as recommended in the Master Plan. E. Future Collaboration Although the EastLake experiment has not been successful, the Master Plan continues to stress that collaboration is important. No public service can exist in isolation and the public library can enhance its mission and provide more complete services by developing partnerships. However, clear criteria are need in order to ensure the creation of mutually beneficial partnerships: · The interests, goals of the partnership must advance the overall mission, goals and objectives of the City Library · Administrative authority must be clearly outlined · The obligations and expectations of all parties must be defined and understood · Funding sources for a successful partnership must be identified · Estimated long-tenn and short-tenn costs and public benefits must be clear · Reasonable time limits for evaluation and reconsideration with public review incorporated must be part of the process The plan absolutely does not preclude future shared facilities with public schools, colleges or universities, or even partnerships with the private sector. However, based on the current environment (mid-to-late 1998), the plan calls for the first regional branch library to be built at the Rancho Del Rey site. ;¿-š--g -.-...-."-- - - - . -_._-,~-~-_._-- ITEM ,PAGE 9 MEETING DATE: December 8. 1998 F. DisDosition of One Acre Librarv Site in EastLake The EastLake I and EastLake Greens Public Facilities and Financing Plan imposed certain permanent and interim duties on the developer with regard to the provision oflibrary services. In 1993 City Council approved, in conjunction with the creation of the joint-use library at EastLake High School, a clarification ofEastLake' s permanent library obligation to provide a one-acre library site within the core area. The agreement between the City and EastLake provides for the possibility that the City will decide to not utilize the one acre reserved for a permanent library. Then the City has the option to trade the parcel for another similar parcel owned by EastLake or to sell the parcel back to EastLake. If the City elects to sell the parcel, EastLake is obligated to use good faith and best efforts to apply for and process such entitlements as may be necessary. EastLake will pay the City 100% of the fair market value of the parcel as then entitled. In order to make a recommendation about this issue, the consultants reviewed the location criteria for City facilities found in the Chula Vista Public Facilities General Plan: · proximity to community activity centers or neighborhood retail · high visibility ITom street providing access · compatibility with surrounding neighborhood · minimum displacement of existing residents and/or businesses · minimum costs They then considered other standard location planning criteria, including: · the general distribution of the current and future population east ofI-80S · drive time between proposed branch locations and other traffic issues on the east side Finally, the consultants took into consideration the amount of square footage available for library construction on the east side based on the PFDIF (approximately 60,000 square feet) and applied gross square footage to the regional library concept. This resulted in a recommendation for only two future libraries of approximately 30,000 square feet each. With the Rancho Del Rey site deemed to be an exceptional site for the first library, and future growth seeming to point to the Eastern Urban Center for the second branch, the Master Plan recommends not exercising the option to use the one acre site in EastLake. ..2ç-; 1 -.-.._-- .- ~.~_.,.,..._..~...._-----."...,_._.._---- ..._..._--_._._--._-,---_.__._--------_._~-----_.__._--~-------- ITEM ,PAGE 10 MEETING DATE: December 8. 1998 The EastLake Company has responded that they disagreed with the recommendation to not utilize their one acre for a future branch library (Attachment G). Staffbelieves that the consultant's analysis is correct, and intends to return to Council in the near future, with a formal recommendation to not accept the donated one acre site in EastLake. Finally, based upon future development in the City, the plan prelinúnarily calls for the fourth branch to be constructed in the Eastern Urban Center of the Otay Ranch, probably close to the year 2015. However, many factors will playa role in that future branch location, such as:. · The actual rate at which development will proceed · Potential site location within the Eastern Urban Center · Timing of the construction of SR 125 · Potential opportunities to partner with a college or university may arise G. Cost of New Libraries The Master Plan estimates that the cost of the Rancho Del Rey Library will be approximately $12.6 million. These costs include all projected expenses related to construction, furnishings, design, project management, telecommunications, contingencies, and an opening day collection of library materials for the new facility. The plan assessed capital financing alternatives, including PFDIF, the proposed regional sales tax (March' sProp L), legislation to create state bond financing to support construction of public libraries, and private fund raising. It was found that the City's development impact fees offers the most stable source of special revenue to support library construction. However, it will take several more years to accumulate sufficient revenues to finance the construction of a new library on a "pay as you go" basis. The passage of Prop L could greatly fast track the construction of the first library, since monies ITom it could be used to construct the branch immediately. Then, as the impact fees are accumulated, they would be used to pay back the General Fund for the construction. These reimbursement funds would then cover the annual operating costs of the facility for approximately ten years2. 2proposition L, which is scheduled for a vote of the people on March 2, 1999, would increase the sales tax countywide by one quarter of a cent for the purpose of improving public libraries. The tax, which would be in effect for five years, would raise approximately $21 million for the Chula Vista Public Library. ,..--- .)~ -J cJ --------"-+-------- -_.-. ". --_._-+-- _ ,·.·.··.·.·H_..._..___.._ - - -~_..._----- "-------.-----.---.+------ ITEM ,PAGE 11 MEETING DATE: December 8. 1998 Assuming a staffing pattern consistent with South Chula Vista Library, it is estimated that the annual operating cost would be $1.2 million in 1998 dollars FISCAL IMPACT: The Master Plan has been funded at $51,610 with Public Facilities Development Impact Fees appropriated for this project in the FY 1997-98 Capital Improvement Program. The plan identifies the cost, as well as possible funding sources, for future library construction. The Public Facilities Development Impact Fee and, hopefully, the quarter of a cent sales tax ballot measure for libraries in March 1999, will be major components of any capital program to construct future branches. Attachments: A. Library Master Plan NOT SCANNE1' B. Minutes ofJune 24, 1998 Library Board of Trustees' meeting C. Minutes of September 23, 1998 Library Board of Trustees' meeting D. List ofInterviewees E. Council Information Memorandum on telephone survey results F. Map G. Letter ITom the EastLake Company .;2Þ/1/ ---~._-------- ___..."_.___u --------"----',--,..---.- -- ,-'-'.--------.---.--- AITACMENT B LmRARY BOARD OF TRUSTEES -2- June 24, 1998 II. CONTINUED MATTERS A. Library Facilities Master Plan Library Consultant Beverley Simmons, from David M. Griffith and Associates, reviewed with the Trustees how the Library Master Facilities study had been conducted and its preliminary findings. Discussion followed regarding the square footage factor to be used for future facilities. Director Palmer reported that he will take the master plan in its draft form to Council on July 16. Trustees were urged to attend this Council workshop. A copy of the Library Consultant outline is included as an attachment to these minutes. MSUC (ViescaIValdovinos) moved to support the preliminary draft and incorporate by reference any additions or modifications made afterwards. Trustees were very pleased with the report. Vice Chair Alexander was concerned that staff would be over-tasked with their new responsibilities. He asked that the Library Board continue to monitor any negative impact. Director Palmer reported that the Library annually assesses community needs. The annual Library output measures will reflect any negative impact on service. III. NEW BUSINESS None IV. LIBRARY DIRECTOR'S REPORT A. Library Reorganization Director Palmer reported that the FY 1998-1999 budget had been approved, which included the implementation of the reorganization of the Parks and Recreation Department. Council also approved the second reading of the ordinance abolishing the Parks and Recreation Department and establishing a Library and Recreation Department. Principal Librarian Paula Brown will become the Assistant Director of Libraries, and Sunny Shy will become the Assistant Director of Recreation on July 1, 1998. The Library has continued reorganizing itself to better meet the needs of the Library and take full advantage of its new division. A new Cultural Arts Department will be created headed by Principal Librarian, Nora McMartin, assisted by the City's Cultural Arts Coordinator, Rick Todd. This team will work ;lÇ-- /:2. .__.~--_..._~_.~-- - ----._._.._....__.__.~.,~.. --.-- ATTACHMENT C Minutes LIBRARY BOARD OF TRUSTEES !:.lIte_her 23. 1998 LIBRARY CONFERENCE ROOM 4:20 PM BOARD MEMBERS PRESENT: Chair Clover, Trustees Deason, Valdovinos, Viesca BOARD MEMBERS ABSENT: Trustee Charett CITY STAFF PRESENT: Library Director Palmer, Assistant Library Director Paula Brown, Educational Services Manager, Meg Schofield, Literacy Coordinator Patrice O'Halloran OTHERS PRESENT: Harry LaBore, Ignacio Valdovinos I. APPROVAL OF MINUTES - Meeting ofJune 24, 1998 MSUC (Viesca/Deason) to accept the minutes as mailed. II. CONTINUED MATTERS A. Library Facilities Master Plan Director Palmer reported the City's analyst has recommended several changes to the proposed Library Master Plan that still retain the Library's goal of building two 30,000 square foot facilities east of805. The Library now intends to take this item to Council on October 13, 1998. Proposed changes include: 1. Add the Rancho del Rey site value, (a $718,000 gift from McMillin Company) changing the total cost for the Rancho del Rey Library from $12 million to $12.7 million dollars. 2. Subtract the 14,000 square feet of office space at the Civic Center Library from the square footage per capita rate. c2s--~/ J Library Board of Trustees - 2- September 23, 1998 3. Change the Master Plan's recommendation from .5 sq. ft. per capita to .6 sq. ft., but to adopt a space allocation guideline that ensures a minimum of 80% of new development's space obligation will be allocated to areas east ofI-805. This 80% guideline offsets the previous public facilities DIF allocated to the South Chula Vista Library and its service area. MSUC (CloverlDeason) to support the proposed changes to the Library Master Plan. B. Library/Recreation Reorganization Director Palmer reported that the reorganization is progressing well. C. Proposition L A letter from City of San Diego Councilmember Judy McCarty was distributed to Trustees with the Library Authority's meeting schedule for October. D. After School Program Educational Services Manager, Meg Schofield, reported on a number of projects. The acronym for the after school program will be STRETCH (Safe Time for Recreation Enrichment and Tutoring for Children). Director Palmer reported that this program is just getting off the ground and is one of the most exciting results from the merger of the Library and Recreation Departments. In October demographic information will become available from the school district regarding the percentage of students qualifYing for free or reduced cost lunch eligibility at each school The State has allocated $50 million dollars in grant opportunities available to after-school and extended-school day programs to schools with 70% or more students eligible for free or reduced lunches. Last year seven Chula Vista schools met this criteria. Once the schools are identified, the program must apply a dollar for dollar match to compete for State funds. The $539,000 budget for this program comes from $250,000 committed by the Elementary School District and $289,000 in Recreation funds budgeted for after school programs in the elementary schools. This budget must pay for salaries, clerical assistance, and maintaining an improved recreation component at all 28 schools in addition to approximately $35,000 per school for the STRETCH program at selected schools. c2.?/ t/ . --------+-- "'.-- .._._~..+.._._.__.._...- ATTACHMENT D AS PART OF THE LmRARY MASTER PLAN REVISION THE CONSULTANTS INTERVIEWED: Shirley Horton, Mayor, City of Chula Vista John Goss, fonner City Manger, City ofChula Vista Greg Cox, San Diego County Supervisor Rod Davis, Executive Director, Chula Vista Chamber of Commerce Dr. Serafin Zasueta, President, Southwestern College Andy Campbell, Assistant Superintendent, Sweetwater Union High School District Dennis Doyle, Chula Vista Elementary School District Kim Kilkenny, Otay Ranch Company Bill Hamlin, Ayers Land Company Paul Nieto, EastLake Company Craig Fukyyama, McMillan Company Marilyn Crouch, Director, San Diego County Library Shirley Hazard Diaz, former Director, Chula Vista Coordinating Council Members, Library Board of Trustees Members, Growth Management Oversight Commission City staff members from Library, Fire, Planning, Community Development and Parks & Recreation Department 2þ~/Ç ~_.- "-'--""'" .. "_ ~.._. ..u____._. - - --,-.--...-------..---.-..--.---...----.-.-----...-..----.--.'. S-~&··· ,!-t<J'. ,'~ , - t ATTACHMENT E ThœORMATIONMEMORMIDUM DATE: April 20, 1998 ~ TO: The Honorable Mayor and City Council' ~ VIA: David D. Rowlands, Jr., City Manager~" ,4 FROM: David Palmer, Library Director~ SUBJECT: Results of Community Telephone Survey As part of the revision of the Library Facilities Master Plan, a community telephone survey was conducted during February and March, 1998 to ascertain general attitudes, use patterns and overall satisfuction levels of Chula Vista residents regarding the Chula Vista Public Library_ The survey was administered by the Survey Research Center (SRC) of the University of North Texas under the supervision of Dr. James Glass, Director. The conceptual population for the survey was all adult Chula Vista residents (18 years or older) living in households with telephones. The survey sample was drawn to reflect the current residence patterns of the City's population in relation to Interstate 805 (70% west, 30% east). Interviews were conducted by trained and experienced telephone interviewers fÌ"Om a central telephone bank in Denton, Texas. A total of 400 usable interviews were conducted, including 34 which were conducted in Spanish. The margin of error for the sample is +/- 4.9% The overall results of the community survey indicate that the majority ofChula Vista residents are recent Library users. Residents use the City Library to meet their own and their children's pleasure reading interests and for information needs related to education/training and work. Residents living in households with school-age children and residents who have computers at home are consistently among the sub-groups that use a wide range of the Library's resources -- books, reference materials, computers and computer-based resources. The convenience of the Library's locations is the primary factor that detennines which facility residents use. Most City residents use the Civic Center and South Chula Vista branch libraries. The EastLake branch is used by a very small proportion of residents who live east ofT-80S. Use of this facility by westside residents is almost non-existent. Residents who use the Library are fairly satisfied with the existing facilities, except for a perception that private work space for computer users is inadequate. Users appear to be generally quite satisfied with the services delivered by Library staff. Most eastside residents and may westside residents would like a new, full service facility located east ofT-80S. The vast majority (83%) of Library users indicate that they are willing to drive 15 minutes or less to go to the Library. ---- r ;2;-/ t , _ .>.---.---.....-"--..- ---...-- -- -- ---~-. .----....-.....-.-..--.-.---------"-..-------.-.--...--.._-~--- Users are also interested in a variety of other service improvements such as: * Collection enhancements * Increased programming * Services to facilitate remote access to the Library £Tom home, work or school * Improved access to computer technology * Increased service hours * Improved patron work areas , , Non-Library users are generally interested in collection enhancements and service improvements that would enhance their ability to use the Library. The survey found that seven out often (71 %) of all City households have at least one member who possesses a current Chula Vista Library card. The proportion of Chula Vista households with a member possessing a current library card is even greater for those households with school-age children ages 5 to 12 (82%) or ages 13 to (88%). Three-quarters of all Chula Vista households that have a personal computer or that have an adult member between the ages of 36 to 64 also have at least one member who possesses a current library card. About two-thirds of all City residents used the Library within the last twelve months. However, the vast majority (88%) of these user residents visited the Library within the last five months. Half of the City's Library users indicated that pleasure reading interests (50%) or educational or ( training needs (48%) were the reasons they typically visit the Library. Other reasons cited by sizable proportions of users included personal information needs (42%), children's infonnation needs (34%), and work related infonnation needs (23%). Among age groups, almost two-t1ùrds of households with a senior member (65 years or older) indicated that they use the Library to meet pleasure reading interests. Women (58%) use the Library for pleasure reading needs to a greater degree than do men (39%). Men cited use of the Library to meet personal infonnation needs to a greater degree than women did (52% compared to 36%). Not surprisingly, library use to meet education or training infonnation needs is popular among households that have school age children (59%). More than half (57%) of residents in households that own a computer also use the Library to meet education/training-related infonnation needs. More than half (52%) of households with annual incomes of$75,001 to $100,000 cited library use to meet their children's needs. The overwhelming majority of Library patrons use books (94%) when they visit the Library. Reference materials are also used by more than three-quarters (79%) of Library users. Periodicals (56%) and audio-visual (47%) are use by about half of the Library users. Spanish language materials are used by households with children ages 13 to 18 (47%) to a greater degree than by the overall -- 2 ~~/? ~'_"_"_'_M_"_ M"__ ,,"_.__ MO" _.,._....._...~..~._____._.___. ,__. _M.'___..~__ "-'--'--- population (31%). Hispanic residents (54%) were found to use Spanish language materials to a greater degree than white (16%) or other non-white residents (22%). Slightly more than one-quarter (29"10) of patrons use the Library's computer -based resources, while another quarter (24%) use the Internet. About one-third (36%) of Library patrons who have a computer at home use the Library's computer-based resources as compared to those patrons who do not have a computer at home (21 %). .. ", Cultural programs (27%) and children's story hours (26%) are the most popular programs with Library users. Children's storyhours are used by slightly more than half (52%) of the households with pre-school children (under 5 years) and 43% of households with children ages 5 to 12. Children's storyhours appear to be more popular with non-white than white residents, as 38% of Hispanic and 32% of other non-white residents use these programs as compared to 14% of white respondents. The overwhehning majority (90%) of Chula Vista resident Library users find the infonnation they are loolång for when they visit the Library. The vast majority (96%) of users who telephone the Library feel that they generally receive a prompt response. Slightly more than half (57%) of users require staff assistance to locate infonnation or materials they need. Of these users, almost all (97%) indicated that the Library staff are generally pleasant and courteous and do a good job of answering questions. Most (77%) of these users also indicated that the wait for assistance by Library staffis not long. Most users (84%) who expressed an opinion find the on-line catalog easy to use. A1most all Library users (90%) indicated that they feel comfortable entering and exiting Library I facilities at all hours and find the interiors to be generally attractive and well lit. Eighty-seven (87%) - of Library users feel that the Library's facilities have adequate comfortable reading and general workspace... but the vast majority (87"10) of users expressed an opinion that there is inadequate private workspace for computers. Almost half (49"10) of all Library users indicated that a new, full service Library east ofI-80S would increase their satisfaction with Library services. Not surprisingly, this figure increases to two-thirds (65%) of resident users who live east of805. --'" 3 ~~/r -.-----....--....-...---. _._-,._~_._----_.. ..-..-. ,,,:c_,,,,-'-'.-_~._. t;V;¿o fJ'> ~.~~ ~ s11 --=:J¡~~ r '\ '-1,J)b..,r - ~ ~l 6 (r" ~ '-C-J~ '\: v II ~ ~ !L '-. ! ~i ~ 1,\ ~ / i~ l -'1 c::::1 \~,"'j ~Ì;> -----: ~ . ~~ ~ =~ " PF ,\ .. _ ..-h ~ ~~ \\ "\ cua.. ~\f <¡; ~~'\:J ~ ! r---~ ftI en \f'il / -( 1\ L- ... ftI ~f"';) ~ "c; ¡ I ,,,lè 110: I'" ::E ~ ~ Wt"l ~ 1J. J L I L ~ i:'= ~~~i' ~ 1\' ,\j)i", §' \.. 3t ~"""\[3&~ I ~ ~ ~ '\;;'- '" ~ I\" '- .f'.¡:J¡j Co ~'c' . R'i" t .... .. ~ , ,,- I ~:.r ' ;~~'f1~~'" .c ~"" -~" . ~!JIJ '. ", 'ëi- 'L /£ '\'(- r ~r'\~\S. ~. r C :¡ ~ L· II' ~, , ]111 CJA. I ,",,'M ~ ^'" \-"t·,I,I'I;" Ii ' == I, .0- ~ \ ;0}"01~ .' _ :: ~. ~ ;; ,\:: '(, ~\ ~ IX ,," rr ~~ .9 \...--- , ,e' œ\~' "~Jlir 1 \:! r ..'.. Iì'o J~ \\JJ - "= " !;' :;y ~ M,),· 'i-,,+ ~ ~ æ ;1,1 ..... t'-,' ¡ J- I II ý- -'ç: 4J r't .:J. ~ r'" '(í':::ß: ~..¿; &~ 'iI ~ f"_ u ~ ~ ~ I~ 8 ð ~ g '" þ ~ "\ì _ '" IÀ~ ~ 1- , ' i! IN:3:Jili:¡VllV ~~ ----~-- ----- -- -- ---~-- ATTACHMENT G July 27, 1998 ~ .... Mr. David J. Palmer ..... Library Director ~ City of Chula Vista THE EASTlAKE 276 Fourth Avenue COMPANY, LLC Chula Vista, CA 91910 RE: Chula Vista Public Library Master Plan Dear David: Thank you for taking the time to speak with me regarding our concerns on the Draft Master Plan. While we have only been exposed to a portion of the report, the EastLake site was too readily dismissed trom the serious consideration that we believe is warranted. It appears the consultants downplayed the location, visibility, ingress and site, since the development plan for the proposed site has not been finalized. Please take the time to consider the following attributes of an EastLake library location: I. Location: The library site would be located at the NWC of Otay Lakes Road and EastLake Parkway in EastLake's Village Center North Entertainment Center. This is a premier retail site with excelIent proximity and access to SR 125. This intersection currently carries over 26,000 cars a day. 2. Visibility: The library site would have outstanding visibility from both Otay Lakes Road and EastLake Parkway, as well as, visibility trom SR 125. 3. Ingress: Retail centers require excellent access, as well as, ingress and egress trom surrounding roads. EastLake Village Center will provide superior access. 4. Site: The library site would be part of a larger entertainment center further enhancing its usage by Chula Vista residents. The one-acre site will accommodate a 30,000 square foot facility. Parking will be shared with the retail center. 5. Amenities: The library site will feature a large pedestrian plaza adjacent to a lake with sit down restaurants. 6. Delivery: The EastLake Company will accelerate the delivery of the site to ------. meet the timetable of the Library for a 2002 opening. 900 Lane Avenue, Suite 100 . ChuJa Vista. Californio 91~~.... J,.le¡hOne (619) 421-0127 . Facsimile (619) 42H830 "."'-"..-'.- ... ---- -- .------.--,.- .---....--..- ...----------.------.--..-. ..--.. David Palmer July 27, 1998 Page 2 The EastLake site will bring several unique qualities to the Library because of its location, visibility and proximity to the intersection of atay Lakes Road and EastLake ., Parkway. This site would better serve the Eastern Territories and is more central to the " most active new housing developments of Rolling Hills Ranch, atay Ranch, McMillin atay Ranch, EastLake and the existing and future schools in the immediate area. The site's proximity to area schools is also excellent. Village Center North creates the opportunity to establish a library site as an important component to an active retail development located in the town center. This integration into an active center at a busy intersection will greatly enhance the library's use, which is the ultimate goal. Couple the location with a large pedestrian plaza area and a new lake the library users will have the opportunity to either overlook these amenities ITom within or take their book outside to read in a pleasant environment. If they wish to have lunch (or combine a trip to the library at lunchtime) lake ITont dining will be available. The EastLake Company will work with the City to accommodate the proposed building on the one-acre site by providing reciprocal easements for parking. We feel that this can be accomplished by the varying parking demands of a library and an entertainment center. We recognize that there will be issues to be resolved regarding the incorporation of the library into the retail design. The potential synergy between uses should allow us to come to a mutually acceptable configuration. David, please let us know whether you feel the EastLake site provided a unique and attractive opportunity for the City to build their next library. SincerelYV\AooL- --.." J Y ~ {).., o'·_--""_='C..~ _. ~____"______. ____ .·......M.__·._._·.__.__ -..-...-.'- -----,.".--- ..____ - .___n.._.__ __.____._._ . . . I . . . . . . t t . t . t . . t . .~ > (' .~ :) ! ~'~\ /\:" - ~/~, ., C', , . v, r~ t''1 ~ .,~. . . CITY COUNCIL AGENDA STATEMENT Item: .J-,6 Meeting Date: 12/8/98 ITEM TITLE: Report for Consideration to Amend the City of Chula Vista Municipal Code to create a Kiosk Sign Program. SUBMITTED BY: D""'lmo'P"""'i., ~d B~ REVIEWED BY: City Manager ~ Þyt --= (4/5ths Vote: Yes _ No...x) The Planning and Building Department is in the process of drafting an ordinance for Council review which would amend the Municipal Code to allow the establishment of an off-site real estate directional Kiosk Sign Program to provide directions to master planned communities on the east side of Interstate 805. The proposed program will allow the City to enter into an agreement for the installation, maintenance, and enforcement of off-site real estate directional signs located within the public right-of-way in the eastern area of the City. RECOMMENDATION: 1. Direct staff to prepare an ordinance establishing a Kiosk Sign Program for consideration by the Planning Commission and City Council. 2. Direct staff to process a Request for Proposals and select an administrator for the Kiosk Sign Program. 3. Approve in concept the draft Kiosk Sign Plan (Attachment I) with the understanding that it will be fine tuned by the Director of Planning and Building in final negotiations with the proposed administrator. BOARD/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: Currently there is a proliferation of signs, many illegal, advertising new residential developments in the eastern part of the City. In an attempt to address this visual blight, there is reason to develop an ordinance which will establish criteria for the placement of off-site kiosk signs and will allow the City to enter into an agreement for the administration of the Kiosk Sign Program. In partnership with the major developers in that area ofthe City, the Planning and Building Department has met with developer representatives to discuss a program which will not only assist in the elimination of the visual blight created by illegal signs by actually removing the current and future illegal signs but will also benefit the developers and potential buyers in the eastern part of the City. The following is an .abbreviated summary of the proposed plan for the installation of kiosk signs found in Attachment 1: Jt-/ Page 2, Item: Meeting Date: 12/8/98 Section I of the plan establishes the Administrator as the party responsible for soliciting participants in the program and for installing and maintaining all kiosk signs in the number and locations approved by the City. Section II discusses the specifications of the sign structures. This proposed plan would include a total of34 signs along the major arterials east on-80S, each not exceeding 12 feet in height and 7.5 feet in width. The signs are to be made of wood and painted shades of brown with white lettering. The name of the City, and possibly the City's logo, will be identified on each kiosk structure as a reminder that the various advertised developments are within the Chula Vista city limits and that the sign is part of an authorized sign program endorsed by the City. Section III identifies the requirement to obtain appropriate building and encroachment permits and pay fees as required. These are one-time fees specifically associated with the initial plan review and field inspection of the installed kiosk sign structures. The location and number of kiosk signs will be thoroughly evaluated through this permit process to ensure traffic safety and aesthetic considerations are appropriately addresses. Section IV outlines the administration of the program, including a requirement for the Administrator to reimburse the City at the full cost recovery rate for staff time associated with administering and monitoring the agreement. Staff estimates the annual reimbursement cost for monitoring the program to range ITom $3,000 to $5,000. Section V discusses the time for erection, maintenance and removal of the signs and panels. In addition, it identifies the maintenance and administration responsibilities of the Administrator. The Administrator will be responsible for maintaining the kiosks signs as well as removal of any illegal directional signs throughout the area. Section VI provides for adjustments to the plan as may be warranted and approved by the Director of Planning and Building. Attachment 2 is a diagram of the kiosk sign structure as recommended by staff. This proposed sign is similar to that recommended by the developers. Staff has modified the developers recommended sign by adding the City's logo and name to the top of the sign. FISCAL IMP ACT: The cost to administer this program will be recovered by fees assessed upon the administrator of the kiosk sign program. Attachments I. Draft Kiosk Sign Plan 2. Proposed Kiosk Sign Diagram H:\SHARED\BLD ~HSG\KIOSK.WPD December 3,1998 (7:49AM) ;U ~ .J- ATTACHMENT 1 KIOSK SIGN PLAN The purpose of this program is to provide directional signs to residential developments in the portion of the City ofChula Vista which is east ofInterstate 805. It will provide a uniform, coordinated method of offering the development community directional signage to residential projects. Aesthetics, traffic safety and removal of illegal signs are of great importance to this plan. I. GENERAL SCOPE The administrator shall maintain all kiosk structures and panels as well as administer the kiosk sign program. Administration shall include the coordination of new kiosk structures and their location, solicitation of participants in the kiosk program and the placement of kiosk panels. Construction of new kiosk structures and/or kiosk panels shall be manufactured and erected within 10 working days from the date a signed contract with developer/purchaser. II. KIOSK STRUCTURES AND PANELS A. Each kiosk structure shall be a maximum of 12 feet high and a maximum of7.5 feet wide. The structure shall be constructed in conformance with a design which is to be approved by the Director of Planning and Building (Director). The height and/or width of the kiosk structure may be adjusted within the maximum allowable heights and widths based on location and the number of panels. Each sign variation shall be approved by the Director. B. Sign panels shall be a maximum of 3 square feet in total area and shall measure approximately 6 feet horizontal length by 6 inches vertical height. The maximum number of panels per structure shall be 8. Only one panel per development may be placed on a single sign structure face. C The kiosk structures and panels shall be constructed of wood, be one or more shades of brown, and shall have white lettering. Each structure and panel shall have an anti-graffiti material applied. D. Each kiosk shall have the City logo at the top of the structure and the words "City of Chula Vista" in a prominent location at the top of the structure. In the event it is a dual faced kiosk, the words shall appear on both sides of the kiosk at the top. E. Wording on the kiosk panels shall be limited to the name of the subdivision and a directional arrow. Minor size variations may be permitted to accommodate text. All directional arrows shall be aligned on the street side of each panel. Copy is comply with the approved design. F. There shall be no illumination of kiosk structures or panels. eJ-Cr-;J _ ______..u._____~,._.,________.,_. ATTACHMENT 1 Page 2 G. No kiosk structures shall be placed within 300 feet of another, except when they are located across the street from one another. The City Planning Director may grant special consideration to those locations where the demand for the number of kiosk panels exceeds the capacity of the structure. H. There shall be no changes to the face of any kiosk structure or panel without first obtaining approval from the Director. L All sign locations shall be approved by the Director and the Director of Public Works. No kiosk sign shall be placed within the clear sight triangle of a public right-of-way or private driveway. The administrator shall comply with all requirements of any open space areas to the satisfaction of the City. Prior to approval for any kiosk sign which is located either wholly or in part on private property, the administrator shall obtain written consent of the effected property owner for such placement as well as for maintenance and/or removal by either the administrator or the City. A copy of said consent shall be filed with the Planning Director prior to approval of sign locations. J There shall be no additions, tag signs, attention-getting devices, or other appurtenances added to the structures or panels as approved. Should such occur, the administrator will remove them forthwith. K Sign panels shall be allowed until all units or subdivision lots are sold or for a period of 36 months, whichever occurs first. If all lots are not sold within 36 months, a request can be made and the Director will consider an extension after reviewing its need in comparison with other requests. IlL PERMITS The Administrator shall obtain encroachment and building permits as may be required by the City and shall pay any fees so required. IV. ADMINISTRATION OF PROGRAM A The Administrator shall administer the Kiosk Sign Program in accordance with the Chula Vista Municipal Code, the Kiosk Sign Program Agreement, and with this plan. B. The Administrator shall establish a deposit account with the City on the initial and subsequent anniversary dates of the contract in the amount of $4,000 to defray the cost of monitoring and enforcing the Kiosk Sign Program. The City shall debit from the account those costs incurred by City staff in monitoring the program at full cost recovery rate. Administrator shall be responsible for maintaining a balance in the deposit account of no less than $1,000. 02¿~'I _"_ ______0._...__ _.__.__.__.~. -._- --.------.-.-. ATTACHMENT 1 Page 3 V. SIGN ERECTION, MAINTENANCE AND REMOVAL A. Administrator shall erect, or cause to be erected, new, City approved, kiosk structures and/or panels within 10 working days from the date of a signed contract with the purchaser. B. Administrator shall maintain, repair, replace and repaint each kiosk structure and/or panel as necessary so that they remain in good condition and repair. A weekly monitoring of each kiosk sign shall be required. C. At such time that repairs are needed, the Administrator shall undertake everything necessary to repair or replace any kiosk structure and/or panel within 3 business days of its knowledge of such need for repair or replacement. D. If the needed repair is the result of graffiti, the Administrator shall promptly, not exceeding 24 hours, undertake everything necessary to remove the graffiti. E. Administrator shall take necessary action to remove any illegal off-site real estate directional signs which are in the public right-of-way within the area of the Kiosk Sign Program. Administrator shall make every attempt to remove said signs that are located on private property. If there is no voluntary compliance on private property, Administrator will notifY the City of the illegal sign and what steps have been taken to attempt compliance. In addition, Administrator shall remove any sign panels which an offending developer may have on any and all kiosk sign structures. F. In the event that it reasonably becomes necessary to physically move one or more of the kiosk structures, then upon the request of the City, Administrator agrees to promptly move said kiosk at its sole cost and expense and to reinstall it at such location as directed and authorized by the City. G. While this original program identifies 34 kiosk structures, the City may require construction and installation of additional structures and panel. Administrator agrees to install any such kiosk structures at its sole cost and expense in the location directed by the City. VI. PROGRAM MODIFICATIONS The Director reserves the right to make modifications as necessary to assure that the intent of the plan and needs of the developers and the City are met. H:\SHARED\BLD _HSG\KIQSKPLN November 25, 1998 (3:17pm) c26rÇ -----... - ----- ---~ "._~~-- - - ---..- · . ATTACHMENT 2 -- .' -------_.~ -- :2¿ ;-? ~, "------- ---._.,....--_..~