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Home My WebLink AboutAgenda Packet 2004/09/14 "I . ....... pIIIIIty of perþøJIIII ,_ I ) .IIU,.. CIIy 01 CIIuIa VIllI In .. ... of.. car CIIIk Md tIIId I .... till r.. AI lit on" bulletin boInIaooo¡dllII 10 ......0~remenll. ~ AGENDA OATED 1/0 Ie..! ~ir,,,Çf' _,_,~__'" September 14, 2004 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Davis, McCann, Rindone, Salas, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · OATHS OF OFFICE: Sherry Strothers - Veterans Advisory Commission Kathleen Cien-Mayer - Parks and Recreation Commission James Floros - Civil Service Commission · INTRODUCTION BY CIDEF PERRY OF THE EMPLOYEE OF THE MONTH, CHRIS HARROLD, FIRE FIGHTER · INTRODUCTION BY ASSISTANT CITY MANAGER PALMER OF THE LIBRARY'S TOP READERS FROM THE 2004 SUMMER READING PROGRAM · RECOGNITION BY COUNCILMEMBER MCCANN OF THE BONITA REBELS UNDER 10 GIRLS FOR THEIR VICTORY AT THE HOT SPURS LABOR DAY TOURNAMENT CONSENT CALENDAR (Items 1 through 9) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion, If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. I. APPROVAL OF MINUTES of the Regular Meetings of August 17 and August 24, 2004, and the Special Meetings of August 24, August 27, and September 7,2004. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS . Letter of resignation from Bob Strahl, member of the Parks and Recreation Commission. Staff recommendation: Council accept the resignation and post the vacancy according to legal requirements. Page 1 - Council Agenda September 14,2004 ---- ----..-.--.,.....---......-.-'"'..- 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THREE POSITIONS: 1) INTERGOVERNMENTAL AFFAIRS COORDINATOR, 2) COMMUNICATIONS MANAGER, AND 3) OFFICE SPECIALIST (MAYOR'S OFFICE) (SECOND READING) Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be added by Ordinance. Adoption of the ordinance amends Municipal Code section 2.05.010 to add the unclassified positions of Intergovernmental Affairs Coordinator, Communications Manager, and Office Specialist (Mayor's Office). This ordinance was introduced on August 24, 2004. (City Manager, Director of Communications) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE SIDEWALK REHABILITATION PROJECT - PHASE VI, FOR FISCAL YEAR 2004 (STL-289) Adoption of the resolution accepts bids for this project, and awards the contract to MJC Construction for a bid estimate in the amount of $89,625.00. The project includes maintenance, removal and replacement of sidewalks, curbs, gutters, and driveway approaches. (Director of General Services) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF $1,000, AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED) The Fire Prevention Bureau recently received a donation in the amount of $1,000 from the Wal-Mart Foundation. The donation was presented to the Fire Prevention Bureau to support fire investigation. The donation will be used to purchase an ArsonlFire Investigation Portable Sensor. (Fire Chief) Staffrecommendation: Council adopt the resolution. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UNANTICIPATED GRANT FUNDS FROM THE SWEETWATER UNION HIGH SCHOOL DISTRICT, AND AMENDING THE FISCAL YEAR 2005 BUDGET TO APPROPRIATE SAID FUNDS (4/5THS VOTE REQUIRED) The Fire Department was requested to provide Citizens Emergency Response Training and Standardized Emergency Management System (SIMS) training to the Sweetwater Union High School District and recharge fire extinguishers. A total of $10,000 in grant funds received by the school district will be allocated to the Fire Department for services to be rendered under the Emergency Crisis and Response Grant. (Fire Chief) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda September 14, 2004 --'--."'-""--'.----."'- _._--_.._--,--~"-.,-_...- 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF CHULA VISTA REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING, ACCEPTING UNANTICIPATED UASI GRANT FUNDS AND AMENDING THE FISCAL YEAR 2005 BUDGET TO APPROPRIATE SAID FUNDS (4/5THS VOTE REQUIRED) The City of San Diego is the designated Urban Area Security Initiative (UASI) Grant Coordinator for the San Diego region. Before grant funds can be expended, the UASI grant stipulates a Memorandum of Understanding (MOU) between the City of San Diego Office of Homeland Security and the participating agency be effective. The MOU is required to ensure compliance with the Grant Assurances for the Urban Area Security Initiative. The Fiscal Year 2003 UASI Grant funds will primarily be used to purchase personnel protective equipment for Police Officers and radiation detection devices for the Fire Department. (Fire Chief) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING SERVICES RELATED TO MITIGATION MONITORING AND REPORTING, PREPARATION OF ENVIRONMENTAL DOCUMENTS AND THE COORDINATION AND OVERSIGHT OF THE PREPARATION OF ENVIRONMENTAL DOCUMENTS Adoption of the resolution approves the third amendment to an existing contract with Marion B. Borg Environmental Consulting for environmental consulting services related to mitigation monitoring and reporting, preparation of environmental documents and the coordination and oversight of the preparation of environmental documents. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO AN AGREEMENT WITH THE EASTLAKE COMPANY, LLC REGARDING EASTLAKE VILLAGE CENTER NORTH In July 2003, the City entered into an improvement agreement with EastLake Company, LLC regarding the EastLake Village Center North property. One of the provisions of the agreement assigned Transportation Development Impact Fee (TDIF) credit to the property, based on specific approved uses. Adoption of the resolution amends the approved uses eligible for TDIF credit. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 3 - Council Agenda September 14, 2004 -_._._-----------,---~ ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. CONSIDERATION OF ADOPTION OF AN URGENCY ORDINANCE MODIFYING THE EXISTING SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE AND AMENDING ORDINANCE NO. 2617 On August 17, 2004, Council adopted Urgency Ordinance No. 2974-A, modifying the Salt Creek Sewer Basin Development Impact Fee (DIF) and amending Ordinance No. 2617. Adoption of the proposed Urgency Ordinance will enable the City to continue to collect the new fee during the 60-day waiting period before the regular ordinance becomes effective. (Director of General Services, City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following urgency ordinance: URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 11. CONSIDERATION OF AN AMENDMENT TO THE CDBG/HOME PROGRAM ANNUAL PLANS FOR FISCAL YEARS 200212003 AND 200412005 The Fiscal Year 2002/2003 CDBG/HOME program Annual Plan includes $255,181 in CDBG funds for the E Street Beautification Program (LD-I08). This project has been postponed pending the development and adoption of the Urban Core Specific Plan, which will include a comprehensive streetscape master plan. Staff recommends that the CDBG funds appropriated for the E Street proj ect be reallocated to fund needed improvements to Gayle McCandliss Park and for street improvements to Tobias Street from Naples to Oxford as part of the Castle Park Neighborhood Revitalization Program. Both activities have been determined to be eligible uses under the CDBG Program. (Director of Community Development) Page 4 - Council Agenda September 14, 2004 _.__...__.._-----~-~---_._-_.__._---_.~_._.._._-- Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "TOBIAS STREET IMPROVEMENTS FROM NAPLES TO OXFORD" (STL-30l); TRANSFERRING THE UNENCUMBERED BALANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FROM THE E STREET BEAUTIFICATION PROGRAM (LD-I08) TO GAYLE MCCANDLISS PARK IMPROVEMENTS (PR-179) AND TOBIAS STREET IMPROVEMENTS (STL- 301); AND AMENDING THE CDBG PROGRAM AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM ANNUAL PLANS FOR FISCAL YEARS 2002/2003 AND 2004/2005 TO REFLECT SUCH TRANSFER (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA UN-ENCUMBERING $312,814 FROM THE AVAILABLE BALANCE OF PARKLAND ACQUISITION AND DEVELOPMENT (PAD) FEE FUNDS FROM CAPITAL IMPROVEMENT PROJECT PR-179, GAYLE MCCANDLISS PARK 12. CONSIDERATION OF AMENDMENTS TO THE OTAY RANCH PLANNING AREA 12 - FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN, DESIGN PLAN AND PLANNED COMMUNITY DISTRICT REGULATIONS In April 2003, the Council approved the Sectional Planning Area (SPA) Plan for the Freeway Commercial portion of Planning Area 12 in the Otay Ranch. General Growth has applied to amend the FC-l area (McMillin Company's ownership) in the Freeway Cornmercial SPA Plan. The proposal includes changes to the vehicle and transit circulation, the concept plan and Planned Community District Regulations. Planning Area 12 - Freeway Commercial is located east of the future State Route 125, south of Olympic Parkway, north of the future alignment of Birch Road, and west of EastLake Parkway. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing, place the ordinance on first reading, and adopt the following resolution: A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 - FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN PLANNED COMMUNITY DISTRICT REGULATIONS (FIRST READING) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 - FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN AND DESIGN PLAN Page 5 - Council Agenda September 14, 2004 - --_.._~_.~._~-~-----_..,._,,_.~----_._--- ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 13. CITY MANAGER'S REPORTS 14. MAYOR'S REPORTS 15. COUNCIL COMMENTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council Meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957. 7). 16. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) Agency negotiators: Steve Padilla, Sid Morris, David Huard, Elizabeth Wagner Hull Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance 17. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03- 016) 18. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) · One Case 19. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) · One Case Page 6 - Council Agenda September 14, 2004 ""-"-'-"-'"--"---"~~---~---- 20. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Parcel No. 639-080-22 Agency negotiator: Rick Ryals, Real Property Manager and Linda Bartz, Attorney Negotiating Parties: City of Chula Vista, BP Products North America, Inc., Arco Service Station. Under Negotiation: Price and Terms ADJOURNMENT to the Regular Meeting of September 21, 2004, at 6:00 p.m. in the Council Chambers. Page 7 - Council Agenda September 14,2004 ----_.._..~._-,._--,-,~_.__._--~- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 17,2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow , PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY Mayor Padilla welcomed Cub Scout Pack No. 2001 from Clearview Elementary School to the meeting. . OATHS OF OFFICE: Gabrielle Longo - Youth Commission Seok-Ik Go - Youth Commission Eloy Ledesma - Youth Cornmission Bianca Brodbeck - Youth Commission Camille Cowlishaw - Child Care Commission Stacey Stevenson - Child Care Commission Henry Cross - Child Care Cornmission City Clerk Bigelow administered the oaths to the abovementioned commissioners, and Deputy Mayor Salas presented each with a certificate of appointment. . PRESENTATION BY JACK BLAKELY, EXECUTIVE DIRECTOR OF THE CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION, OF A $2100 CHECK RAISED BY THE PET FEST FOR THE ANIMAL CARE FACILITY David McClurg, President of the Downtown Business Association, spoke about the success of the recent Pet Fest and thanked various City staff, volunteers, sponsors, and participants for their support. He then presented a check for $2,100 to Angela Doss, representing the Chula Vista Animal Care facility. Page 1 - Council Minutes I~ August 17, 2004 / >0"" I,ci SPECIAL ORDERS OF THE DAY (Continued) . INTRODUCTION BY JASON HARMON, INTERNATIONAL FRIENDSHIP COMMISSION CHAIRPERSON, OF EXCHANGE STUDENTS FROM ODA W ARA, JAPAN, AND OF CHULA VISTA STUDENTS RETURNING FROM THEIR EXCHANGE IN ODA W ARA Jason Harmon, Chair of the International Friendship Commission, introduced the visiting exchange students from Odawara, Japan, and the Chula Vista students who recently returned from their exchange in Odawara. The students shared their experiences and explained how they have benefited from the program. They thanked the Council and the Commission for their support of the exchange program. . PRESENTATION BY CYNTHIA BURKE, PH.D., REPRESENTATIVE FROM SANDAG'S CRIMINAL JUSTICE RESEARCH DNISION, OF THE RESULTS OF THE THIRD CITIZEN RESIDENT OPINION SURVEY Dr. Burke presented the results of the third Citizen Resident Opinion Survey, including recornmendations to encourage participation in police programs, utilize the Internet to educate citizens, continue to educate staff who work with a diverse population, and work with other City departments to address traffic concerns. CONSENT CALENDAR (Items 1 through 11) Councilmember McCann spoke regarding Item No.3, cornmending the City for its continued support of a military leave policy for employees drafted for active military duty. He also stated that he would abstain from voting on Item 5 due to the proximity of property that he owns to the event location. 1. APPROVAL OF MINUTES of August 3, 2004. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 2973, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. II-M (SECOND READING) Special taxes levied within CFD II-M will fund the perpetual operation, monitoring and maintenance of Multiple Species Conservation Program lots, Tarplant Preserve lots, Johnson Canyon Tarplant Preserve and storm water treatment facilities associated with Rolling Hills Ranch, Sub Area III. This ordinance was introduced August 3, 2004. (Director of General Services, City Engineer) Staffrecornmendation: Council adopt the ordinance. Page 2 - Council Minutes August 17, 2004 CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2004-268, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MILITARY LEAVE POLICY FOR ALL CLASSIFIED AND UNCLASSIFIED EMPLOYEES TO COVER ANY PERIOD DURING WHICH A CITY EMPLOYEE IS CALLED AND SERVES IN AN ACTIVE MILITARY STATUS FOR THE DURATION OF OPERATION ENDURING FREEDOM AND OTHER PRESIDENTIAL CALL-UPS OF THE RESERVES FOR ACTIVE MILITARY DUTY On September 14, 2001, President Bush signed an order authorizing the military to call up 50,000 military reservists in the aftermath of the terrorist attacks. As a result, the City Council approved a temporary Military Leave Policy to insure that City employees who are called to active duty maintain their current level of pay and benefits. Adoption of the resolution approves a Military Leave Policy for all classified and unclassified employees for the duration of Operation Enduring Freedom and other presidential call-ups of the reserves for active military duty. (Director of Human Resources) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-269, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY CLOSURE OF A PORTION OF RANCHO DEL REY PARKWAY ON SEPTEMBER 11 AND 12,2004 FOR THE ORANGE CRATE DERBY Adoption of the resolution approves a temporary closure on Rancho Del Rey Parkway on September 11 and 12, 2004, to conduct the 25th Annual Orange Crate Derby. (Chief of Police, Director of Human Resources) Staffrecornmendation: Council adopt the resolution. 5. RESOLUTION NO. 2004-270, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING REQUESTS FROM BONITA BUSINESS AND PROFESSIONAL ASSOCIATION TO CONDUCT THE BONITAFEST AND BONITAFEST PARADE ON SATURDAY, SEPTEMBER 25,2004 Adoption of the resolution approves the request to conduct the Bonitafest and Bonitafest parade on Saturday, September 25, 2004. (Chief of Police, Director of Human Resources) Staff recommendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-271, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT BUDGET AND APPROPRIATING $120,840 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $31,340 FROM THE PUBLIC FACILITIES DEVELOPMENT IMPACT FUND TO UPGRADE THE CITY OF CHULA VISTA'S PRIMARY EMERGENCY OPERATIONS CENTER (EOC) AND ESTABLISH A SECOND EOC Page 3 - Council Minutes August 17, 2004 .__~_._.._.._._____.__ ._·'.__.__..0_______ CONSENT CALENDAR (Continued) The City of Chula Vista Emergency Response Plan requires that an Emergency Operations Center (EOC) be available to make sure critical operations are maintained in the event of a natural or human-made disaster. Staff recommends the upgrade of the primary EOC located at 4th and Davidson (in the old Police building) and establishment of a second EOC at the Public Works Center, located at 1800 Maxwell. (Fire Chief) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2004-272, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR CONSTRUCTION OF THE TRAFFIC SIGNAL INSTALLATION AT FIFTH AVENUE AND MOSS STREET (TF-31S), TO AEC GRADING & PAVING, A JOINT VENTURE DBA ACE ELECTRIC/ AEC CONSTRUCTION Installation of a traffic signal at the subject intersection was approved and budgeted as part of the Fiscal Year 2003/2004 and Fiscal Year 2004/200S Capital Improvement Programs. The scope of the project includes the installation of a fully actuated traffic signal system and other work necessary to complete the project. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2004-273, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 02-0S, OTAY RANCH VILLAGE 6 UNIT 1, NEIGHBORHOOD R-9B; ACCEPTING THE SEWER ACCESS EASEMENTS OFFERED THEREON; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS; AND APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 02-0S, OTAY RANCH VILLAGE 6 UNIT 1, NEIGHBORHOOD R-9B On March 26, 2002, the Council approved a tentative subdivision map for Otay Ranch Village 6. Approval of the Final "B" Map and its associated subdivision and supplemental subdivision improvement agreements allows the final map to be recorded and the development of the project to proceed. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AGREEMENTS WITH BRUCE HULL AND ASSOCIATES FOR APPRAISAL SERVICES, THE MEYERS GROUP FOR MARKET ABSORPTION SERVICES AND MCGILL MARTIN SELF, INC. FOR SPECIAL TAX CONSULTANT AND AUDITING SERVICES FOR COMMUNITY FACILITIES DISTRICTS WITHIN THE CITY FOR THE NEXT THREE YEARS Page 4 - Council Minutes August 17,2004 . CONSENT CALENDAR (Continued) The City currently has seven community facilities districts (CFD's) for the purpose of financing infrastructure improvements. The consultants have provided CFD formation services for the last three years. It is recommended that the consultants continue to provide CFD formation services for the City in the coming three years. (Director of General Services, City Engineer) Staff recommendation: Council continue the item to August 24,2004. 10. RESOLUTION NO. 2004-274, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE TWO- PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RBF CONSULTING FOR PROFESSIONAL SERVICES IN SUPPORT OF THE CITY'S GENERAL PLAN UPDATE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT ON BEHALF OF THE CITY RBF Consulting has been assisting staff with the development of land use and transportation alternatives, preparation of the Land Use & Transportation Element, and public meeting facilitation, A contract amendment approved in August 2003 anticipated completion of the General Plan update by May/June 2004. Completion is now set for early September 2004. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 11. RESOLUTION NO. 2004-275, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA URGING THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO REJECT A PROPOSAL TO SHIFT $1 BILLION IN ADDITIONAL COSTS TO SDG&E RATEPAYERS Adoption of the resolution supports San Diego Gas & Electric's effort to oppose a proposed settlement agreement that shifts one billion dollars in additional costs over the next eight years to San Diego region electricity customers. (Assistant City Manager Morris, Director of Conservation and Environmental Services) Staff recornmendation: Council adopt the resolution and direct staff to work with the California Public Utilities Commission, San Diego Gas & Electric, and other parties to adopt a fair and reasonable allocation process for all California ratepayers. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except on Item 5, which carried 4-0-1, with Councilmember McCann abstaining due to the proximity of property that he owns to the event location. ORAL COMMUNICATIONS There were none. Page 5 - Council Minutes August 17, 2004 ._~~_m.._____._.________ PUBLIC HEARINGS 12. CONSIDERATION OF MODIFICATION OF THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE (Continued from July 13, 2004) The Salt Creek sewer basin development impact fee was established in December 1994 to facilitate construction of the Salt Creek trunk sewer to serve properties within the benefit area. Since that time, costs associated with the project have continued to increase, and the project has broadened in scope as additional needed sewer facilities have been identified to serve the benefit area. In order to ensure that sufficient funding will be available to complete the project, staff recommends increasing the Salt Creek sewer basin development impact fee from $284 to $1,330 per equivalent dwelling unit. (Director of General Services, City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. With no members of the public wishing to speak, Mayor Padilla closed the hearing. Councilmember Rindone asked staff provide a breakdown of the staff time reimbursement portion of the development impact fee. ACTION: Councilmember Rindone offered Resolution No. 2004-276 for adoption, the Ordinance for first reading, and Urgency Ordinance No. 2974-A for adoption, headings read, texts waived. RESOLUTION NO. 2004-276, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE ENGINEER'S REPORT UPDATING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 (FIRST READING) URGENCY ORDINANCE NO. 2974-A, URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 The motion carried 5-0. Page 6 - Council Minutes August 17, 2004 . ACTION ITEMS 13. CONSIDERATION OF APPROVAL OF THE CREATION OF THE DIVISION OF ENERGY SERVICES AND THE ADDITION OF ONE UNCLASSIFIED AT-WILL POSITION Adoption of the resolution and ordinance provides for the budget and staffing needs for implementation of the City's Energy Strategy and Action Plan, oversight of California Public Utility Commission monitoring, and the municipal energy utility business model recornmendations, including Community Choice Aggregation and Greenfield development. (Assistant City Manager Morris) Former Councilmember Jolm Moot presented a proposed business model that he believed should be considered in policy decisions by the City Council related to the implementation of Cornmunity Choice Aggregation and Greenfield development. Councilmember Davis left the meeting at 7:14 p.m. ACTION: Mayor Padilla offered Resolution No. 2004-277 for adoption and the Ordinance for fIrst reading, headings read, texts waived: RESOLUTION NO. 2004-277, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CREATION OF THE DIVISION OF ENERGY SERVICES, REPORTING TO THE CITY MANAGER'S OFFICE, AND THE ADDITION OF ONE UNCLASSIFIED AT-WILL POSITION, AND APPROPRIATING FUNDS THEREFOR ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.0S.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF ENERGY SERVICES MANAGER (FIRST READING). The motion carried 4-0, with Councilmember Davis absent. Councilmember Rindone asked staff to provide a report in response to Mr. Moot's statements and to send a copy of the report to Mr. Moot. 14. CONSIDERATION OF APPROVAL OF THE ADDITION OF ONE UNCLASSIFIED, AT-WILL POSITION TO THE CITY CLERK'S OFFICE Adoption of the resolution and ordinance approves the reorganization of the City Clerk's Department to successfully carry out the department's current and long-term work programs and goals, authorizes the addition of a new unclassified, at-will position of Assistant to the City Clerk, and appropriates funds therefor. Chula Vista Charter Section SOO requires that all unclassified positions not mentioned specifically in the section be added by ordinance. (City Clerk) Page 7 - Council Minutes August 17, 2004 ". ....____n_ _____..___."'.......__._ ACTION ITEMS (Continued) A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED, AT-WILL POSITION TO THE CITY CLERK'S DEPARTMENT AND APPROPRIATING FUNDS THEREFOR (4/STHS VOTE REQUIRED) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.0S.01O RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF ASSISTANT TO THE CITY CLERK (FIRST READING) ACTION: It was the consensus of the Council to continue this item at the request of staff. IS. REPORT REGARDING THE CHULA VISTA TRANSIT (CVT) BUS PAINT SCHEME With the transit system's expected delivery of six new mid-size, low-floor, compressed natural gas buses and the Metropolitan Transit System Board's adoption of a new bus graphic design and logo, the Council may wish to consider a change to the existing paint scheme beginning with the six new buses. (Director of Public Works Operations) Transit Coordinator Trujillo presented the options for bus graphics. Paul Jablonski, MTS Chief Executive Officer, presented the suggested color and design schemes for the buses. Councilmember Rindone recornmended approval of the new Metropolitan Transit System graphic design (Option 2 of the staff report), which he believed would identify the City in a regional manner. ACTION: Councilmember Rindone moved to approve Option 2 as contained in the staff report. Mayor Padilla seconded the motion, and it carried 4-0 with Councilmember Davis absent. OTHER BUSINESS 16. CITY MANAGER'S REPORTS City Manager Rowlands announced that a Council workshop would be held on September 7, 2004, at 6:00 p.m. in the Council Chambers, to discuss the Fire Department strategic plan. 17. MAYOR'S REPORTS Mayor Padilla congratulated the City and the Downtown Business Association on the success of the recent Lemon Festival. Page 8 - Council Minutes August 17, 2004 . OTHER BUSINESS (Continued) A. Ratification of appointments to the Youth Advisory Commission: . John Tessitore (Bonita Vista Middle School) . Chelsea Rodriguez (Hilltop Middle School) ACTION: Mayor Padilla moved to ratify the appointments of John Tessitore and Chelsea Rodriquez to the Youth Advisory Commission. Councilmember McCann seconded the motion, and it carried 4-0 with Councilmember Davis absent. 18. COUNCIL COMMENTS Deputy Mayor Salas congratulated the American Foreign Legion for a wonderful heroes award dinner honoring a number of Chula Vista police officers and firefighters. Deputy Mayor Salas also thanked David Swift, representing the House of Blues, for providing Placido Domingo concert tickets to local non-profit organizations. Councilmember Rindone concurred with the comments by Deputy Mayor Salas, adding that the concert tickets provided a wonderful opportunity for those less fortunate citizens to attend the event. He also commented on the success of the recent Lemon Festival. Councilmember McCann concurred with the comments by Councilmembers Salas and Rindone and stated that he enjoyed honoring police and fire personnel concurrently at the Foreign Legion event. He also recognized Susan Carillo, Chair of Bonitafest, who will be coordinating the upcoming event. ADJOURNMENT At 7:45 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of August 24, 2004, at 6:00 p.m. in the Council Chambers. -~~!~ Susan Bigelow, MMC, 'ty Clerk Page 9 - Council Minutes August 17, 2004 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 24, 2004 4:15 p.m. A Special Meeting of the City Council of the City ofChula Vista was called to order at 4:20 p.m. in the Council Conference Room, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann (arrived at 4:35 p.m.), Salas, Rindone (arrived at 5:13 p.m.), and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: None 1. INTERVIEWS TO FILL ONE VACANCY ON THE PARKS AND RECREATION COMMISSION The City Council interviewed the following candidates for the Parks and Recreation Commission position: Kathleen Cien-Mayer Henry Cross Maggie Martinez Thomas Wheeler Lisa Johnson Bob Thomas Brett Davis ACTION: Councilmember Rindone moved to appoint Kathleen Cien-Mayer as Parks and Recreation Commissioner. Councilmember McCarm seconded the motion, and it carried 5-0. ADJOURNMENT At 6: II p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of August 24, 2004, at 6:00 p.m., in the Council Chambers. ~~I~i~ Susan Bigelow, MMC, City Clerk J~ 8 I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA August 24, 2004 6:00P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:51 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATHS OF OFFICE: Majed Al-Ghafry - Safety Commission John Tessitore (Bonita Vista Middle School) - Youth Commission Chelsea Rodriguez (Hilltop Middle School) - Youth Commission City Clerk Bigelow administered the oaths to the new Commissioners, and Deputy Mayor Salas presented them each with a certificate of appointment. . PRESENTATION BY ASSISTANT CITY MANAGER PALMER OF THE NEW CNIC CENTER MARKET PLACE Assistant City Manager Palmer presented the new marketplace, located at the Civic Center Library, and relayed positive public feedback to the Council. CONSENT CALENDAR (Items 1 through 10) Councilmember Rindone noted that he would abstain from voting on Item 4 out of an abundance of caution due to a possible appearance of a conflict of interest. Mayor Padilla noted that Items 7 and 10 would be removed from the Consent Calendar for separate consideration. 1. APPROVAL OF MINUTES of the Special Meetings of August 10 and August 16,2004. Staffrecornmendation: Council approve the minutes. Page 1 - Council Minutes 1_ ) August 24, 2004 ! ""'".<' ..- ----.---------,----.-...-..-.------ CONSENT CALENDAR (Continued) 2. ORDINANCE NO. 2974, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMP ACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS, AND AMENDING ORDINANCE NO. 2617 (SECOND READING) The Salt Creek sewer basin development impact fee was established in December 1994 to facilitate construction of the Salt Creek trunk sewer to serve properties within the benefit area. Since that time, costs associated with the project have continued to increase, and the project has broadened in scope as additional needed sewer facilities have been identified to serve the benefit area. In order to ensure that sufficient funding will be available to complete the proj ect, staff recornmends increasing the Salt Creek sewer basin DIF from $284 to $1,330 per equivalent dwelling unit. This ordinance was introduced August 17,2004. (Director of General Services, City Engineer) Staffrecornmendation: Council adopt the ordinance. 3. ORDINANCE NO. 2975, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF ENERGY SERVICES MANAGER (SECOND READING) On August 17, 2004, the Council approved the creation of the division of Energy Services, reporting to the City Manager's office, and the addition of one unclassified, at- will position. Charter section 500 requires that all unclassified positions not mentioned specifically in that section be added by ordinance. This ordinance was introduced August 17,2004. (Assistant City Manager Morris) Staff recommendation: Council adopt the ordinance. 4. RESOLUTION NO. 2004-278, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RENEWAL OF THE AGREEMENT WITH THE SWEETWATER UNION IDGH SCHOOL DISTRICT FOR THE JOINT USE OF THE LffiRARY FACILITY AT EASTLAKE LffiRARY The three-year (with two, one-year options to renew) agreement between the City of Chula Vista and the Sweetwater Union High School District, providing for the joint use of the EastLake School Library, expired June 30, 2004. A new agreement to continue this collaborative venture has now been negotiated and will be approved by the Sweetwater District Board at their monthly meeting on August 16, 2004. The EastLake Library has remained open to the public while the new agreement was being negotiated. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes August 24, 2004 CONSENT CALENDAR (Continued) 5. RESOLUTION NO. 2004-279 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF SAN MIGUEL RANCH NEIGHBORHOOD "B", CHULA VISTA TRACT NO. 99-04; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF THE TENTATIVE MAP Council previously approved a tentative subdivision map for Chula Vista Tract 99-04 in San Miguel Ranch, and "A" Map No.1 for San Miguel Ranch, phases one, two, and four. Adoption of the resolution approves the final map for planning area "B" within San Miguel Ranch. The developer is William Lyon Homes. (Director of General Services, City Engineer) Staff recornmendation: Council adopt the resolution. 6. RESOLUTION NO. 2004-280, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF ROLLING HILLS RANCH, SUB-AREA ill, NEIGHBORHOOD 9B, CHULA VISTA TRACT NO. 92- 02A; APPROVING THE ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF THE IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; AND APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 16834 AND RESOLUTION NO. 2003-199 Council previously approved a tentative subdivision map for Salt Creek Ranch, Chula Vista Tract No. 92-02, and an amended tentative subdivision map for Rolling Hills Ranch (formerly known as Salt Creek Ranch) Sub-area ill, Chula Vista Tract No. 92-02A, in which Neighborhoods 9 through 12 of the original tentative subdivision map were redesigned. Adoption of the resolution approves the final map for Neighborhood 9B, and its associated agreements. (Director of General Services, City Engineer) Staff recornmendation: Council adopt the resolution. 8. RESOLUTION NO. 2004-282, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT, "TRANSIT FACILITIES CITYWIDE" (STL-312), FOR TRANSIT BUS STOP IMPROVEMENTS AT VARIOUS LOCATIONS IN EASTLAKE AND OTAY RANCH, AND APPROPRIATING $310,332 FROM THE TRANSIT CAPITAL PROJECT FUND (4/5THS VOTE REQUIRED), was adopted (5-0). During the development process of the Eastlake and Otay Ranch communities, the need for future transit service was apparent. As part of the provision to provide quality transit service to the residents of these communities there will be a need for bus stop improvements such as benches, shelters and landing pads to accornmodate passengers utilizing the service. Adoption of the resolution enables bus stop improvements in these areas. (Director of General Services, Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes August 24, 2004 - -_.__._._--.._-_.._._-_._....__.~- ----- CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2004-283, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RECLASSIFICATION OF A VACANT POSITION FROM SENIOR COMMUNITY DEVELOPMENT SPECIALIST TO PRINCIPAL COMMUNITY DEVELOPMENT SPECIALIST, was adopted (5-0). The Human Resources Department has reviewed the requested reclassification based on increasing responsibilities and changes in the job duties, and as a result, is recornmending reclassifying the position. (Director of Community Development, Director of Human Resources) Staff recornmendation: Council adopt the resolution. ACTION: Mayor Padilla offered Consent Calendar Items 1 through 6, 8, and 9. The motion carried 5-0, except on Item 4, which carried 4-0-1 with Councilmember Rindone abstaining due to a possible appearance of a conflict of interest. ORAL COMMUNICATIONS Carlos Magallon spoke regarding the need to keep towing companies accountable. He referred to California Vehicle Code Sections 22658-A and -2, which require towing companies to contact law enforcement agencies and provide written notice of violations before towing vehicles. Mayor Padilla referred the matter to staff. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. RESOLUTION NO. 2004-281, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AGREEMENTS WITH BRUCE HULL AND ASSOCIATES FOR APPRAISAL SERVICES, THE MEYERS GROUP FOR MARKET ABSORPTION SERVICES AND MCGILL MARTIN SELF, INC. FOR SPECIAL TAX CONSULTANT AND AUDITING SERVICES FOR COMMUNITY FACILITIES DISTRICTS WITHIN THE CITY FOR THE NEXT THREE YEARS (Continued from August 17,2004) The City currently has seven cornmunity facilities districts (CFD's) for the purpose of financing infrastructure improvements. The consultants have provided CFD formation services for the last three years. It is recommended that the consultants continue to provide CFD formation services for the City in the coming three years. (Director of General Services, City Engineer) Councilmember Rindone noted that the proposal allows the City Manager to approve up to $100,000 in additional work within three years and suggested that this amount be limited to $50,000 and any additional work be brought back for Council approval. Councilmember McCarm concurred with this recornmendation. ACTION: Councilmember Rindone offered Resolution No. 2004-281, heading read, text waived, as amended to read that the City Manager is authorized to approve up to $50,000 in additional work, or 25% of the original contract, whichever is lower, on any single contract, and that work beyond those limits would require Council approval. The motion carried 5-0. Page 4 - Council Minutes August 24, 2004 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) 10 A. RESOLUTION NO. 2004-284 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ENHANCING THE OFFICE OF COMMUNICATIONS; TRANSFERRING THE EXISTING LEGISLATNE FUNCTION FROM THE CITY MANAGER'S OFFICE TO THE MAYOR AND COUNCIL'S OFFICE; TRANSFERRING AND RECLASSIFYING POSITIONS, AND TRANSFERRING AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED), was adopted (5-0). B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THREE POSITIONS: 1) INTERGOVERNMENTAL AFFAIRS COORDINATOR, 2) COMMUNICATIONS MANAGER, AND 3) OFFICE SPECIALIST (MAYOR'S OFFICE) - FIRST READING The proposed changes enhance the Office of Communications to reflect added duties and responsibilities needed to improve external and internal cornmunications for a net cost of $205,100; adoption of the proposed resolution and ordinance also transfers the existing legislative function and position from the City Manager's Office to the Mayor's Office to reflect the recent change in the composition of the legislative cornmittee and consistency with the City Charter; and transfers and reclassifies positions, and transfers and appropriates funds. (City Manager, Director of Communications, Director of Management and Information Services) Mayor Padilla explained the proposed position reclassification and transfer and expansion of legislative duties from the City Manager's Office to the Mayor/Council Office. City Manager Rowlands spoke regarding the proposed reorganization of the Office of Cornmunications. ACTION: Councilmember Rindone offered Resolution 2004-284 for adoption and the ordinance for first reading, headings read, texts waived. The motion carried 5-0. OTHER BUSINESS 11. CITY MANAGER'S REPORTS City Manager Rowlands clarified that the Council workshop scheduled for September 7, 2004 will begin at 6:00 p.m, 12. MAYOR'S REPORTS There were none. 13. COUNCIL COMMENTS Councilmember Davis reported on the Gay Day in South Bay held on Sunday, August 22 and said it was a good event. Page 5 - Council Minutes August 24, 2004 ^' -------"--,-,,--_.,.__.,------ OTHER BUSINESS (Continued) Councilmember Rindone reported on the family picnic held by the Police Officers Association and said he appreciated the opportunity to participate. Councilmember McCann reported on the dinner for the reserve and the mounted police officers and expressed his appreciation for the volunteers who serve in those capacities. He also attended the Police Officers Association family picnic and said it was a great event. CLOSED SESSION 14. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6 · Agency designated representatives: Sharon Marshall, Marcia Raskin, David D. Rowlands, Jr. · Employee organization: Police Officers Association There was no reportable action taken. 15. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: San Diego Gas & Electric - Gas and Electricity Franchise (pertaining to public rights-of-way throughout the City of Chula Vista) Agency negotiators: Steve Padilla, Sid Morris, David Huard, Elizabeth Wagner Hull Negotiating Parties: City of Chula Vista and San Diego Gas & Electric (various representatives) Under Negotiation: Price and terms of franchise conveyance This item was not discussed. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · Application of SDG&E for Authority to Update its Gas and Electric Revenue Requirement and Base Rates (Doc. Nos. A-02-12-27, A-02-12-028, and I 03-03- 016) This item was not discussed. ADJOURNMENT: At 9:18 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on September 7, 2004 at 6:00 p.m., in the Council Chambers; thence to an Adjourned Regular Meeting on September 9,2004 at 4:00 p.m. in the Council Chambers; and thence to the Regular Meeting of September 14, 2004, at 6:00 p.m. in the Council Chambers. ·~~t~ Susan Bigelow, MMC, lty Clerk Page 6 - Council Minutes August 24, 2004 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONCURRENT WITH A MEETING OF THE BOARD OF GOVERNORS OF SOUTHWESTERN COLLEGE August 27, 2004 12:00 p.m. A Special Meeting of the City Council of the City of Chula Vista, concurrent with a meeting of the Board of Governors of Southwestern College, was called to order at 12:00 p.m. at Bon Giorno Italian Restaurant, located at 4110 Bonita Road, Bonita, California. ROLL CALL: PRESENT: Councilmembers: Rindone, Salas, and Mayor Padilla Southwestern College Board of Governors: Christine Arranda (Vice President), David Agosto, and Yolanda Salcido ABSENT: Councilmembers: Davis, McCann ALSO PRESENT: Assistant City Manager Krempl, Cornmunity Development Director Madigan, Senior Community Development Specialist Perez, and Principal Planner Rosaler ORAL COMMUNICATIONS There were none. BUSINESS 1. UNIVERSITY WORKING SUB-COMMITTEE TOUR PRESENTATION A tour and presentation to representatives of Southwestern College. (Community Development Director) City staff toured the university site with Deputy Mayor Salas and the Southwestern College Board of Governors. Following the tour, Deputy Mayor Salas and the Southwestern College Board of Governors met, along with Mayor Padilla, at the Southwestern College Library, where staff and the City's consultants gave a presentation on various higher education models. No action was taken by the Council. ADJOURNMENT At 1 :30 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on September 7, 2004 at 6:00 p.m. in the Council Chambers; thence to an Adjourned Regular Meeting on September 9, 2004 at 4:00 p.m. in the Council Chambers; and thence to a Regular Meeting on September 14, 2004 at 6:00 p.m. in Council Chambers. :::___iu. ~~'K~- Susan Bigelow, MMC, City Clerk I-v MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 7, 2004 5:00 p.m. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:22 p.m. in the Council Conference Room, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCann, Salas, Rindone, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: None l. INTERVIEWS TO FILL ONE VACANCY ON THE CIVIL SERVICE COMMISSION The City Council interviewed the following candidates for the Civil Service Commission position: James Floros Rick Andrews ACTION: Deputy Mayor Salas moved to appoint James Flores as Civil Service Commissioner. Councilmember Davis seconded the motion, and it carried 5-0. ADJOURNMENT At 5:51 p.m., Mayor Padilla adjourned the meeting to the Adjourned Regular Meeting on September 7, 2004, at 6:00 p.m. in the Council Chambers, thence to an Adjourned Regular Meeting on September 9, 2004, at 4:00 p.m. in the Council Chambers, and thence to a Regular Meeting on September 14,2004, at 6:00 p.m. in the Council Chambers. \ -~tLU ~r'~ Susan Bigelow, MMC, CIty Clerk , ç .- ! - - - -- -".-------_._._--~_.._- --- R.OBERT C STRAHL 328 CR.ESTVlEW DR.NE BONff A, CA. 91902 August 19, 2004- Chula Vista Mayor and City Council 276 4th Avenue Chula Vista, CA 91902 Mayor and City Council, I resign from the Parks and Recreation Commission effective at the end of the Commission's August 19 meeting. I would like to thank the Mayor and City Council for the opportunity to serve our community and to recognize staff in Public Works/Parks and Recreation for their professionalism and unique skills. Weare being well served. Sincerely, ~~-t;:JJ- Bob trahl d-.J ----------- o~ ORDINANCE NO. s>OÇ.~ ~~ AN ORDINANCE OF THE CITY OF ~~~VISTA AMENDING CHAPTER 2.05 OF THE OLA VISTA MUNICIPAL CODE RELATING TO T~~1hABLlSHMENT OF UNCLASSIFIED POSITI~a 0 ADD THREE POSITIONS: 1) INTERGOV NMENTAL AFFAIRS COORDINATOR, 2) COMMUNICATIONS MANAGER, AND 3) OFFICE SPECIALIST (MAYOR'S OFFICE). WHEREAS, the City Council has adopted a resolution approving the addition of one Communications Manager, an unclassified, at-will senior manager position to Administration; and WHEREAS, the City Council has adopted a resolution approving the addition of one Office Specialist (Mayor's Office), an unclassified, at-will position to the Mayor and Council's Office; and WHEREAS, the City Council has adopted a resolution approving the addition of one Intergovernmental Affairs Coordinator, an unclassified, at will middle management position to the Mayor and Council's Office; and WHEREAS, the Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 2.05.010 ofthe Chula Vista Municipal Code is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the city, there are established the unclassified positions entitled deputy city manager, administrative services manager, deputy fire chief, assistant fire chief, assistant chief of police, assistant director of finance, assistant director of budget and analysis, fiscal operations manager, funds development strategic planning manager, purchasing agent, treasury manager, assistant director of human resources, director of employee development, risk manager, assistant director of public works and operations, assistant director of building and housing, deputy building official, building services manager, building and park construction manager, parks and open space manager, assistant director of recreation, housing coordinator, real property manager, transit -3-1 -_......- _....~.,. ~-_..,.-------_.---_..---- _.__._~..__...__._------- --.,--------.. -- - --- .. ........-. coordinator, assistant director of community development, community relations manager, Western Chula Vista development manager, traffic engineer, deputy director of engineering, assistant library director, chief learning officer, director of communications, police captain, director of conservation and environmental services, deputy director of planning, assistant director of planning, special planning projects manager, general p Ian project manager, chief of staff, constituent services manager, community liaison (assigned to the Office of the Mayor and City Council), California border alliance group deputy executive director, Califomia border alliance group budget manager, California border alliance group meth. strike force coordinator, California border alliance group network administrator, California border alliance group operations/intelligence coordinator, California border alliance group program analyst, California border alliance group management assistant, California border alliance group network assistant and regional computer forensic laboratory network engineer, California border alliance group executive assistant, energy services manager, communications manaqer. office specialist (Mavor's Office). interqovernmental affairs coordinator. SECTION II: This ordinance shall take effect and be in full force 30 days after its second reading and adoption. Submitted by: Approved as to form by: ~~~\C\~~~ David D. Rowlands, Jr. Ann Moore "- City Manager City Attorney Liz Purcel, Director of Communications Louie Vignapiano Director of Management & Information Services ;3-2...... COUNCIL AGENDA STATEMENT Item l! Meeting Date: 9/14/04 ITEM TITLE: Resolution 2004- Accepting bids and awarding contract for the "Sidewalk Rehabilitation Phase VI FY2004 (STL-289)" project. SUBMITTED BY: Director of General Services ® REVIEWED BY: ~¿ ~ (4/5ths Vote: Yes_No X) City Manager ,.J 0' On August 4, 2004, the Director of General Services received sealed bids for the "Sidewalk Rehabilitation Phase VI FY2004 (STL-289)" project. The work consists of the removal and replacement of displaced curbs, gutters, sidewalks, and driveways. The work includes excavation and grading, PCC sidewalks, driveways, curbs & gutters, removal and disposal of existing improvements, traffic control, other miscellaneous work, and all labor, material, equipment, and transportation necessary for the project. RECOMMENDATION: That Council accept bids and award the contract for the "Sidewalk Rehabilitation Phase VI FY2004 (STL-289)" project, to MJC Construction of Bonita, California, for $89,625.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Included in the FY2003-04 CIP Budget is a project for the maintenance removal and replacement of sidewalks, curbs, gutters, and driveway approaches. Some existing sidewalks, curbs, gutters and driveways show cracking. This project will remove and replace improvements on various locations in the City of Chula Vista. The source of funding for this project is Community Development Block Grant Funds. These funds can only be used within U.S. Census Block Groups. Engineering staff prepared plats, specifications, and advertised the project. The City received and opened bids on August 4, 2004. Five bids were received as follows: CONTRACTOR BID AMOUNT 1. MJC Construction - Bonita, California $89,625.00 2. Portillo Concrete - Lemon Grove, California $108,460.00 3. Zondiros Corporation - San Marcos, California $148,950.00 4. Stacy & Witbeck - Alameda, California $151,620.00 5. Raver Construction - San Diego, California $179,962.00 4-/ .~._.,._,.--_._._~~-,--- Page 2, Item ~ Meeting Date: 9/14/04 The low bid by MJC Construction is below the Engineer's estimate of $90,850.00 by $1,225.00. Staff has verified the references provided by the contractor for previous proj ects. MJC Construction has done several capital improvement projects in the city, and his work has been satisfactory. Staff has reviewed the low bid and has recommended awarding the contract to MJC Construction, of Bonita, California. Attachment "A" shows the specific work to be done at each location, approximate quantities of sidewalk, curb, gutter, and driveways, to be installed. Disadvantaged Business Entemrise Goal The bid documents set forth participation requirements per Federal Regulation for meeting the disadvantaged and women-owned business goals. The Community Development Specialist has reviewed and certified MJC Construction as MBE in the past, and no further review is needed. Staff also reviewed MJC Construction eligibility status about federal procurement programs. MJC Construction is not listed as excluded from Federal Procurement Programs (list of parties excluded from Federal procurement or non-procurement programs as of July 28,2003). Disclosure Statement Attachment "B" is a copy of the contractor's Disclosure Statement. Environmental Status The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project is exempt from CEQA pursuant to Section 15301 (c)(1), replacement or reconstruction of existing facilities, of the State CEQA Guidelines. Wage Statement The source of funding for this project is Community Development Block Grant Funds. This project is covered by the Davis-Bacon and Related Acts. The Davis-Bacon Act requires the payment of prevailing wage rates to all laborers and mechanics employed for the work under this project. Prevailing wage rates are those determined by the U.S. Department of Labor or the U.S. Department of Housing and Urban Development. Fmancial Imnact FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $89,625.00 B. Contingencies (Approx. 8 'Yo) $7,000.00 C. Staff Costs (Design & Survey) $13,000.00 D. Staff Costs Inspection $15,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $124,625.00 L/" )~, Page 3, Item ~ Meeting Date: 9 14/04 FUNDS AVAILABLE FOR CONSTRUCTION A. Sidewalk Rehabilitation (CDBG) $124,625.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $124,625.00 Upon completion of the project, the improvements will require only routine City street maintenance. Attachments: A - Work to be done. B - Contractor's Disclosure Statement C:\FILE CABINET\WORD\5TL289\5TL289,AII3-S0l0.DOC // ,,)., ,..,.~/ "\..) , .--_._----~."_._--_.,-,~"--,------ " ¡. rill I I I I ì I - ~, I' , ~ c.. __I ! ~ ¡ ~j ~ z! 51 I ~ W' 0 I « I c: i >< æ >: ii ~.... -! ! C 11IIIII:. 0 c: ·1 " :J: z ~ ~ u i ~-I J ~ 0 " ! ' I < I sdw2)J ..,. 'P<Jd I = I ~ I = I = ' M ~ ~ ~oo ~ ovo k ¡CJ u.. Ln N T"'i CO....- ....- "it ~ ¡Ù"'" I I ~ ~;: 0\ 0 00 0 ~ -"u.. I I \D!,...." ,..... 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T""I ~1"'" ..... 7'- '/ , , __ .".._._~__ _~m_..~__...__ ATTACHMENT B THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-0 I, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City ofChula Vista election must be filed. The following infonnation must be disclosed: 1. List the names of all persons having a fmancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. ,-[AoJ¡f:;(ì.... ;J 1\.-1. i?Ne-z. 2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $1000 investment in the business (corporation/partnership) entity. ;í,A,\!tE/1.- .:r\ Iv\ eN£2-- 3, If any person* identified pursuant to (I) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. / / / 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. .:JAvieR- .::J\H-~Lv 46 ~-f --.--" .-_..------ -----,-._-,,------~_.~------ .._-.-------- - ATTACHMENT B 5. Has any person* associated with this contract had any financial dealings with an official** of the City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No~ If Yes, briefly describe the nature of the fmancial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? Yes No ><. If Yes, which Council member? 7. Have you or any member of your governing board (i.e. Corporate Board of DirectorslExecutives, non-profit Board of Directors made contributions totaling more than $1,000 over the 'past four (4) years to a current member of the Chula Vista City Council? Yes _ No K If Yes, which Council member? 8. Have you provided more than $300 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) month~is includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No If Yes, which official** and what was the nature of item provided? Date:~ ~IDOA ,)~ i ature of Contractor/ Applicant JAv L I:':'R. :rl MD--Jez- Print or type name of Contractor/Applicant * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. ,17 4-9 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "SIDEW ALK REHABILITATION PHASE VI FY 2004 (STL-289)" PROJECT WHEREAS, on August 4, 2004, the Director of General Services received sealed bids for the "Sidewalk Rehabilitation Phase VI FY2004 (STL-289)" Project, which consists of removing and replacing displaced curbs, gutters, sidewalks, and driveways at various locations around the City; and WHEREAS, staff received bids from the following five contractors: CONTRACTOR BID AMOUNT 1. MJC Construction - Bonita, California $ 89,625 2. Portillo Concrete - Lemon Grove, California $ 108,460 3. Zondiros Corporation - San Marcos, California $ 148,950 4. Stacy & Witbeck - Alameda, California $ 151,620 5. Raver Construction - San Diego, California $ 179,962 WHEREAS, the low bid by MJC Construction is below the Engineer's estimate of$90,850 by $1,225, or approximately 1.3%; and WHEREAS, references provided by the contractor have been reviewed and their work record found to be satisfactory; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract to MJC Construction of Bonita, California in the amount of$89,625; and WHEREAS, based on the current project funding guidelines, MJC Construction is obligated to meet the prevailing wage requirements, which were included as part of the bid documents for this proj ect; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 (c) (Existing Facilities) categorical exemption pursuant to Section 15301 ofthe State CEQA Guidelines. 1 1/-/0 . ___.u.__.~_._..~_ _...______._....._ NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Chula Vista does hereby accept the bids and award the contract for the "Sidewalk Rehabilitation Phase VI FY2004 (STL-289)" Project to MJC Construction of Bonita, California in the amount of$89,625. Presented by Approved as to form by :i)~ 7. (-f e-. Jack Griffin Ann Moore Director of General Services City Attorney J:attorneyIReso/bids/sidewaZh-ehabilitationphase vi bid 2 Lj' -1/ . COUNCIL AGENDA STATEMENT Item: fS Meeting Date: 09/14/04 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATION IN THE AMOUNT OF $1,000, AND APPROPRIATING SAID DONATED FUNDS SUBMITTED BY: Fire Chief c*-P \¿ REVIEWED BY: City Manage~~ vt' (4/5ths Vote: YeslLNo -> The Fire Prevention bureau recently received a donation in the amount of $1 ,000 from the WAL-MART Foundation. The donation was presented to the Fire Prevention Bureau to support fire investigation. RECOMMENDATION: That Council adopt the resolution accepting the donation $1,000, and amending the FY05 Fire Department budget to appropriate said donated funds to services and supplies. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Fire Prevention Bureau has received a donation in the amount of $1,000 from the WAL-MART Foundation. The donation will be used to purchase an Arson/Fire Investigation Portable Sensor. The sensor will give fire investigators the ability to identify hydrocarbon sample areas and track "pour patters" during fire investigations. The use of this instrument at a fire scene will enhance the accuracy of investigations and reduce the amount of negative samples sent to the laboratory for analysis. In addition it will reduce the amount of sampling time at a fire scene. FISCAL IMPACT: The total amount received is $1,000. There are no matching funds required or General Fund impact. J;:,~-I -...,/' RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING DONATION IN THE AMOUNT OF $1,000, AND APPROPRIATING SAID DONATED FUNDS WHEREAS, The Fire Prevention Bureau has received a donation in the amount of$l,OOO ITom the WAL-MART Foundation; and, WHEREAS, The donation will be used to purchase an ArsonlFire Investigation Portable Sensor; and, WHEREAS, The sensor will give fire investigators the ability to identify hydrocarbon sample areas and track "pour patterns" during fire investigations; and, WHEREAS, The use of this instrument at a fire scene will enhance the accuracy of investigations and reduce the amount of negative samples sent to the laboratory for analysis, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby accept the donation in the amount of$l,OOO, and amend the fiscal year 2005 supplies and services budget for the Fire Department by $1,000, Presented by: Approved as to form by: ~3~ 1:~orek¡t7L r Fire Chief City Attorney H:/sharedlattomey/$l,OOO donation Walmart 5-:..2- "-_._--~_.-._- -- --"---'---"--'--~-'-----"--'~~-'--"---"- COUNCIL AGENDA STATEMENT Item: V Meeting Date: 09/14/04 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UNANTICIPATED GRANT FUNDS FROM THE SWEE1WATER UNION HIGH SCHOOL DISTRICT AND AMENDING THE FY 05 BUDGET TO APPROPRIATE SAID FUNDS SUBMITTED BY: Fire Chief~"~ /ß;r~ REVIEWED BY: City Manage 'f.c"i/ (4/5ths Vote: YeslLNo -> The Fire Department has been requested to provide Citizens Emergency Response Training and Standardized Emergency Management System (SIMS) training to the Sweetwater Union High School District and recharge fire extinguishers. A total of $10,000 in grant funds received by the school district will be allocated to the Fire Department for services to be rendered under the Emergency Crisis and Response Grant. RECOMMENDATION: That the City Council accept the unanticipated grant funds from the Sweetwater Union High School District in the amount of $10,000 and amend the FY 05 budget to appropriate the funds to the Fire Department personnel and services and supplies budget. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The Sweetwater Union High School District has received a $250,000 federal grant award from the Department of Education to work with local police and fire departments, hospitals, mental health agencies and government officials from each of the cities it serves to improve and strengthen the emergency response and crisis management plan for the South Bay Region. The grant funds will be used to build an overarching structure of interagency alliances to ensure cohesive mitigation/prevention and preparedness, response and recovery to any local disaster. A task force comprised of partner agencies has been working with the school district to implement the project. , , .-- : . '~-'-~'_. ---.-..--..---.---..---...----..- The Fire Department has been requested to provide Citizens Emergency Response Training and Standardized Emergency Management System (SIMS) training to district staff members and recharge fire extinguishers for the School District. A total of $10,000 will be allocated to the Fire Department for services to be rendered. The funds will be used in the following manner: . $7,000 to offset overtime expenditures for firefighters engaged in teaching the training sessions; and, . $3,000 to recharge extinguishers and purchase related training materials and supplies. Grant Requirements The grant requires the school district work in partnership with local agencies including Police and Fire to develop safety plans and provide emergency management training. The Emergency Services Manager for the City has been an active participant on the grant task force and has worked with the school district to design training sessions, which will strengthen and improve emergency response. The Fire Department has agreed to provide trainers on an overtime basis and related training materials and equipment. A total of $7,000 has been allocated to offset overtime expenditures. The remaining $3,000 will be used to purchase related training materials and equipment as well as recharge fire extinguishers. There are no matching funds required. FISCAL IMPACT: Acceptance of the $10,000 grant from the Sweetwater High School district will enable the Fire Department to offset costs associated with providing the requested training and recharging the fire extinguishers. There is no General Fund impact projected. , ¡ ..... î {pc- RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UNANTICIPATED GRANT FUNDS FROM THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND AMENDING THE FY 05 BUDGET TO APPROPRIATE SAID FUNDS Whereas, The Sweetwater Union High School District has received a $250,000 federal grant award from the Department of Education to work with local police and fire departments, hospitals, mental health agencies and government officials from each of the cities it serves to improve and strengthen the emergency response and crisis management plan for the South Bay Region; and, Whereas, The grant funds will be used to build an overarching structure of interagency alliances to ensure cohesive mitigation/prevention and preparedness, response and recovery to any local disaster; and, Whereas, The Fire Department has been requested to provide Citizens Emergency Response Training and Standardized Emergency Management System (SIMS) training to district staff members and recharge fire extinguishers for the School District; and, Whereas, A total of $10,000 will be allocated to the Fire Department for services to be rendered; and, Whereas, The funds will be used in the following manner: . $7,000 to offset overtime expenditures for firefighters engaged in teaching the training sessions; and, . $3,000 to recharge extinguishers and purchase related training materials and supplies. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby accept unanticipated Grant Funds in the amount of $10,000 from the Sweetwater Union High School District and amending the fiscal year 2005 personnel services budget of the Fire Department by $7,000 and the services and supplies budget by $3,000. Presented by: Approved as to form by: ~)}I -11~ ¥fc Ann Moore , . Fire Chief City Attorney /-3 H:/shared/attorney/ Sweetwater Grant reso Ie u/ ' .0.".- _.._. UH __.._. COUNCIL AGENDA STATEMENT Item: 1 Meeting Date: 09J14/04 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF CHULA VISTA REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING, ACCEPTING UNANTICIPATED UASI GRANT FUNDS AND AMENDING THE FY 05 BUDGET TO APPROPRIATE SAID FUNDS SUBMITTED BY: Fire chief'Dta.{ f/ - REVIEWED BY: City Manage 1.. 0\ (4/5ths Vote: YesLNo -.J The City of San Diego is the designated Urban Area Security Initiative Grant Coordinator for San Diego Region. Before grant funds can be expended the UASI grant stipulates a Memorandum of Understanding (MOU) between the City of San Diego Office of Homeland Security and the participating agency be effective. The MOU is required to ensure compliance with the Grant Assurances for the Urban Area Security Initiative. The FY 03 UASI Grant funds will be used to purchase personnel protective equipment for Police Officers and radiation detection devices for the Fire Department. RECOMMENDATION: That the City Council approve a Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of Chula Vista regarding Urban Area Security Initiative (UASI) grant funding, accept unanticipated UASI grant funds and amend the FY 05 budget to appropriate $115,660 to the Fire Department services and supplies budget and operating capital budget. BOARDS/COMMISSIONS RECOMMENDATION: N/A BACKGROUND: As part of the grant allocation for FY01 the Fire Department received $48,978.51 for purchase of chemical resistant personnel protective equipment. An additional $135,130.51 was received from the FY03 grant allocation. A total of $21,541 of the FY03 grant allocation was specifically designated for the Police Department. Consistent with the grants stipulations the grant funds were used to purchase chemical resistant personal protective equipment (level C) for every fire fighter, if ...1 -- . -'.'--.-"'---,--,-,-,-- ---. --"-'--- -'-'.... two thermal cameras, emergency communication software for the Emergency Operations Center and triage tags and tarps. In addition some of the FY03 Fire Department allocation was used to purchase level C masks for Public Works Operations. The FY03 Police 20% allocation was used to purchase 80 MSA Millennium masks for police officers. The Fire Department is recommending the FY03 UASI-II discretionary funds be used to complete the chemical resistant personnel protective equipment for Police Officers, and purchase radiation detection devices for Fire. DISCUSSION: The Discretionary Equipment funds allocated under FY03 UASI-II are being released to the 19 Urban Area jurisdictions for expenditure. This is the third grant allocation under the UASI grant allocated to the City of Chula Vista. Per grant stipulations, these funds will be used to purchase specified first responder personnel protective equipment (PPE) for the Police Department and Fire Department. The funds are distributed based upon the jurisdictions number of public safety personnel for the purchase of first responder PPE and equipment. Once PPE needs are met at the established UASI standard, jurisdictions can use funds designated for PPE on other equipment in the high criticality categories of the Urban Area Security Strategy. The other equipment must be part of the authorized equipment purchases stipulated by the grant. The Fire Department is recommending the FY03 UASI-II grant funds be used to in the following manner: . Complete the purchase of Chemical Resistant PPE for Police Officers - estimated cost $97,124; and, . Purchase radiation detection equipment for Fire - estimated cost $18,536. Grant Reauirements Before grant funds can be expended the UASI grant stipulates a Memorandum of Understanding (MOU) between the City of San Diego Office of Homeland Security and the participating agency be effective. The MOU is required to ensure compliance with the grant assurances for the Urban Area Security Initiative. There are no matching funds required. FISCAL IMPACT: Acceptance of this grant will provide funding for needed emergency response equipment for both Fire and Police. The total amount allocated to the City of Chula Vista is $115,660 of which $97,124 will be spent on Police and $18,536 on the Fire Department. There is no General Fund impact projected. 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'2 0 - :J U . r¡ --3 .~ --,---- -- .-..---- ...... ---- ~~-- Attachment 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF CHULA VISTA REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING TillS MEMORANDUM OF UNDERSTANDING (MOD) is effective , 2004, between THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY (City) and THE CITY OF CHULA VISTA (participating Agency) under the following terms and conditions: I. The Participating Agency agrees to comply with the Grant Assurances for Urban Area Security Initiative (Attachment A). 2. The Participating Agency agrees to subrnit a Reimbursement Request Form (Attachment B) by the lOth day of each month to request reimbursement for costs incurred in accordance with the UASI grant program guidelines. 3. The Participating Agency agrees to submit at the time of signing of this MOU, and on October 1 of each year thereafter, a verified confirmation of its public safety personnel by category and within the definitions provided in item 3.1 below for each of those categories (Attachment C). Public safety personnel shall only be counted in one category and one job classification even jfthey have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification from personnel, payroll and/or budgetary records by category in the format below. 3.1 Public safety personnel categories and definitions shall be as follows (civilian personnel shall not be counted): Fire Services (FS) - Personnel at the urban area jurisdiction level who are in personnel classifications which provide services as first responders and meet the Ha=at First Responder Operations level requirements of 29 C.F.R. § 1910.120 (2003) and title 8, section 5192 of the California Code of Regulations. Law Enforcement (LE) - Personnel, in accordance with the provisions of California Penal Code Sections 830-832.16, who work for agencies at the local and municipal level with responsibility as sworn law enforcement officers. Emergency Medical Services (EMS) - Personnel and contractors who, on a full-time or part-time basis serve as first responders, Emergency Medical Technician (EMT) I, II or Paramedic on ground-based and aero- medical services to provide pre-hospital care, through ambulance service, rescue squad, or medical engine company. Personnel must meet the rJ--t.(- 1 . ---.-.".,---.-....-.---- -------_..~--- Memorandum of Understanding - Urban Area Security Initiative Grant Funding requirements set forth in title 22, sections 100056 through 100180 of the California Code of Regulations. HazMat (HZ) - Personnel, full-time or part-time, who identify, characterize, or provide risk assessment, and mitigate/control the release of a hazardous substance or potentially hazardous substance as Hazardous Materials Specialists or Technicians and members of the Hazardous Incident Response Team. 4. The Participating Agency agrees to maintain all documentation supporting all expenditures reimbursed from grant funds, and ensure all expenditures are allowable under grant requirements. Recipients that expend $300,000 or more of federal funds during their respective fiscal year agree to submit an organization- wide financial and compliance audit report. The audit shall be performed in accordance with the U. S. General Accounting Office Government Auditing Standards and OMB Circular A-l33 (Federal Grantor Agency: U. S. Department of Homeland Security; Pass-Through Agency: Office of Homeland Security; Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The records shall be maintained and retained in accordance with UASI grant requirements and shall be available for audit and inspection by the City and designated grant agent personnel. 5. The Participating Agency agrees that all its expenditures shall be in accordance with the pre-approved expenditure details as submitted to the City and approved by the State ofCalifomia Office of Homeland Security (CA-OHS) and the U.S. Department of Homeland Security Office of Domestic Preparedness (ODP). Any deviations from the pre-approved list shall be submitted to the City for approval before making such expenditures. 6. The Participating Agency agrees to defend, indemnify, and hold harmless the City, its agents, officers, and employees, from and against all liability arising out of the Participating Agency's acts or omissions under this MOU. 7. The City agrees to defend, indemnify, and hold harmless the Participating Agency, its agents, officers, and employees, from and against all liability arising out of the City's acts or omissions under this MOU. 1-:5 2 . Memorandum of Understanding - Urban Area Security Initiative Grant Funding IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the City of San Diego Office of Homeland Security and the City of Chula Vista, by and through their authorized representatives. CITY OF SAN DIEGO By: Title: CITY OF CHULA VISTA By: Title: I HEREBY APPROVE the form and legality of the foregoing Memorandum of Understanding this _ day of ,2004. CASEY GWINN, City Attorney By: Deputy City Attorney 3 7-t; -- ------- - -----.----...---.-...-- SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative Attachment A Participating Agency: City of Chula Vista Address: 447 F. Street City: Chula Vista Státe: CA Zip Code: 91910 Telephone Number: (619) 5057 Fax Number: (619) 691-5057 E-Mail Address: dperry@ci/chula-vista.ca.us As the duly authorized point of contact, I certify that the agency named above: 1. Has the legal authority to receive federal assistance, and has the institutional, managerial and financial capability to ensure proper planning and management of grant funds. 2. Will assure that grant funds are only used for allowable, fair, and reasonable costs. 3. Will give the awarding agency, the Comptroller General of the United Státes, and if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents 'related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or awarding agency directives. 4. Will provide progress reports and such other information as may be required by the Office of Homeland Security, Office of Emergency Services and/or the awarding agency. 5. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 6. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain for themselves or others, particularly those with whom they have family, business or other ties. 7. Will comply, if applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use oflead based paint in construction or rehabilitation of residence structures. 1 '7--1 .--- . "-..- - --...- ------~._--- .- SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative 8. Will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (p.L. 88-352), as amended, which prohibits discrimination on the basis of race, color or national origin;· b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of handicaps; d. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101- 6107) which prohibits discrimination on the basis of age; e. The Drug Abuse Office and Treatment Act of 1972 (p.L. 92-255) as amended, relating to nondiscrimination on the basis of drug abuse; f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (p.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; g. §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; i. Title 28, Code of Federal Regulations, Part 42, Subparts C, D, E and G; J. Title 28, CFR, Part 35; k. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made, and I. The requirements on any other nondiscnmination statute(s) which may apply to the application. 9. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchases. 10. Will comply, if applicable, with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (p.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 2 '7~r SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative 11. Will comply with environmental standards which may be prescribed pursuant to the following: a. institution of environmental quality control measures under the National Environmental Policy Act of 1969 (p.L. 91-190) and Executive Order (EO) 11514; b. notification of violating facilities pursuant to EO 11738; c. protection of wetlands pursuant to EO 11990; d. evaluation of flood hazards in floodplains in accordance with EO 11988; e. assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); f. co.nformity of federal actions to State (Clean Air) Implementation Plans under Section I 76(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); g. protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (p.L. 93-523); and h. protection of endangered species under the Endangered Species Act of 1973, as amended, (p.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et.seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-l et seq). 14. Will comply with Standardized Emergency Management System (SEMS) requirements as stated in the California Emergency Services Act, Government Code, Chapter 7 of Division 1 of Title 2, Section 8607.1(e) and CCR Title 19, Sections 2445, 2446, 2447 and 2448. 15. Has requested through the State of California, federal fmancial assistance to be used to perform eligible work approved in the applicant's applicanon for federal assistance. Will, after the receipt of federal fmancial assistance, through the State of California, agree to the following: a. Promptly return to the State of California all the funds received which exceed the approved, actual expenditures as accepted by the federal or state government. b. In the event the approved amount of the grant is reduced, the reimbursement applicable to the amount of the reduction will be promptly refunded to the State of California. c. Separately account for interest earned on grant funds, and will return all interest earned, in excess of $1 00 per federal fiscal year. 3 1~9 .. -,_._._._~-- -- ---_.__._~--.- SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative 16. Will comply with the Intergove=ental Personnel Act of 1970 (42 U.S C. Sections 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM' s Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 17. Will comply with provisions of the Hatch Act (5 V.S.C. Sections 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 18. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 19. Will comply, if applicable, with the Laboratory Animal Welfare Act of 1966 (P. L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 20. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act (29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. 21. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. Section 276a to 276a-7), the Copeland Act (40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 327-333), regarding labor standards for federally assisted construction sub-agreements. 22. Will not make any award or permit any award (sub-grant or contract) to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension." 23. Agrees that: a. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; 4 1--10 SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative b. If any other funds 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 agency, a Member of Congress, an officer or an employee of Congress, or employee of a Member of Congress in connection with the federal grant or cooperative agreement, the undersigned shall complete and submit Standard Fo= LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; c. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers including sub-grants, contracts under grants and cooperative agreements, and subcontract(s) and that all sub recipients shall certify and disclose accordingly. d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 24. Agrees that equipment acquired or obtained with grant funds: a. Will be made available under the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the applicant. b. Is consistent with needs as identified in the Terrorism Annex to the State's Emergency Plan, and will be deployed in confo=ance with that plan. c. Will be made available pursuant to applicable te=s of the California Disaster and Civil Defense Master Mutual Aid Agreement and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and Rescue Mutual Aid Plan. 25. Agrees that funds awarded under this grant will be used to supplement existing funds for program activities, and will not supplant (replace) non-federal funds. 26. Will comply with all applicable Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-87 and A-133, E.O. 12372 and Unifo= Administrative Requirements for Grants and Cooperative Agreements contained in Title 28, Code of Federal Regulations, Part 66, that govern the application, acceptance and use of Federal funds for this federally-assisted project. 5 '7.../1 - _._---_._-~._._--_._-_._..._..__.._- SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative 27. Will comply, and assure the compliance of all its subgrantees and contractors, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provision of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1, and all other applicable Federal laws, orders, circulars, or regulations. 28. Will comply with provisions of 28 CFR applicable to grants and cooperative agreements, including Part 18, Administrative Review Procedures; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality ofIdentifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, NondiscriminationlEqual Employment Opportunities Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 64, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 29. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of this project are not listed in the Environmental Protection Agency's (EP A) list of Violating Facilities and that it will notify the Federal Grantor agency of the receipt of any communication from the Director of the EP A Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EP A. 30. Will comply with Subtitle A, Title II of the Americans with Disabilities Act (ADA) 1990. 31. Will, in the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds or race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the fmding to the Office of Civil Rights, Office of Justice Programs. 32. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of Justice Office of Civil Rights within 60 days of grant award. 33. Will comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 34. Will comply, if applicable, with the provision of the Coastal Barrier Resources Act (p.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 6 '7-/~ SAN DIEGO OFFICE OF HOMELAND SECURITY Grant Assurances for Urban Area Security Initiative 35. Will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this program. 36. Understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of grant funds. 37. Maintain an equipment tracking system that includes the components identified in Title 28, Code of Federal Regulations (CFR), Parts 66.32 and 66.33, and DOJ Financial Guide Part III, Chapter 6. 38. Maintain fmancial management systems that support grant activities in accordance with 28 CFR Part 66.20, and DOJ Financial Guide, Part II, Chapter 3. The undersigned represents that he/she is the agency. A Signature of Point of Contact: , . 1 Printed Name of Point of Con a Perry Title Fire Chief Date B-3a-o'{ 7 7-,/3 Attachment B Office of Homeland Security - Urban Area Security Initiative Grant Program FY 2003 07~-fi6000 Reimbursement Request Form Mail Reimbursement Reauest to: DATE City of San Diego Office of Homeland Security City of Chula Vista D.P. Lee Director AGENCY 1010 Second Avenue, Suite 1060 San Diego, CA 92101 EXPENDITURE PERIOD: FROM TO Reimbursement Total Unexpended Type of Approved Requested This· Reimbursements Balance of Expenditures Budget Period Requested To Approved Date Budl!:et Equipment (1) $ $ $ $ Training (2) $ $ $ $ Total $ $ $ $ (I) A listing of all expenditures identified by number on the Approved Budget Detail Worksheet must be submitted as an attachment (2) A listing of all personnel costs identified by project number on the Approved Project Detail Worksheet must be submitted as an attachment Under penalty of perjury, I certify that: · I am the duly authorized point of contact of the agency named above · This clainJ is in all respects true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations and grant conditions and assurances · This clainJ is for costs incurred within the Grant Performance Period Point of Contact Douglas A. Perry (619) 691-5055 Printed Name Phone No. Fire Chief dperry@ci.chula-vista,ca.us Title E-Mail Address 447 F Street (619)691-5057 Mailing Address Fax No. Chula Vista, CA ¡ty, State, Zip Còde j \ 8hc I 0'1 -,-/. Signa Date I / 1-í1' __.___.____m___ Office of Homeland Security - Urban Area Security Initiative Grant Program FY 2003 07~-hhOOO The applicant may request reimbursement of all, or a portion of, Grant Expenditures incurred since the last Reimbursement Request. Indicate the month, day and year for Expenditure Period the beginning of the period covered to the end of the period covered during which these expenditures were incurred. This request period cannot cross stateflScal years. Therefore, separate requests must be submittedfor expenditures incurred on or before June 30, and on or after July 1. Approved Budget Amount of funds allocated to the jurisdiction. Total Reimbursements Total amount of all reimbursement requests including the current requested amount. Requested to Date Unexpended Enter the difference between the Approved Budget allocation and the Total Balance Reimbursements Requested to date. Authorized Agent Complete all line items requested and ensure that the form is signed by an Authorized Information Agent named in the Governing Body Resolution. Mail Mail the original to the address identified at the top of the request form. Receiving jurisdictions are required to submit supporting documents with the Supporting Reimbursement Request form, which is due before the 10th day of each month. Documents Documents shall include (1) a Cover Letter, and (2) State approved budget detail worksheet, whether there are changes or not. A cover letter is required as the cornmunication tool, especially when there are changes in the budget detail worksheet. To make revisions to the budget detail worksheet, strike out the approved equipment (do not delete the line), insert and highlight the replacement item (this will require State approval prior to purchase). For reimbursement claims, indicate on the budget detail worksheet the equipment purchased during this request period using the blank row (Actual) under each equipment detail line. Insert additional "Actual" rows as needed for subsequent partial reimbursement claims. Receiving jurisdictions are to maintain all documentation supporting all expenditures and reimbursement amounts shown on the request. For specific requirements, refer to your signed MOU and Grant Assurances. The State Office of Homeland Security reserves the right to request documentation at any time. 1,,/5 Attachment C CERTIFICA TION OF PUBLIC SAFETY PERSONNEL BY CATEGORY Date: 4-9-04 Agency: City of Chula Vista Authorized Agent Name: Authorized Agent Signature: ~r Public safety personnel shall only be counted in one cat ory, defined in the Memorandum of Understanding between the City of San lego and the participating agency, and one job classification even if they have multiple disciplines, such as Fire Fighter and Paramedic. The required listing of public safety personnel shall be by job classification ftom personnel, payroll and/or budgetary records. For classifications not listed, please use the additional lines within each category. - , I J", " , - I , , ì " ~- (:jw:~-~~-:-~i:¡OÌ\flr;J-~f Ö¡:¡¡¡-:1(-f:{j~(~I~~~-''ì ~~ ,,~. ..;=~..._ ~':..':-='"--"'-"'" -:~Q.:r;;d:-~}j,::- "'~ t:.:~_~_~_"",,",jj ~~ """"",'""" -~¿:.._.:... ::~:::'.",,"- ",,-'::.f~':;:;"""~-;;'w"7,,-_-~~_, .Jh,:~ EMERGENCY MEDICAL TECHNICIAN I 12 EMERGENCY MEDICAL TECHNICIAN II PARAMEDIC 36 LIFEGUARD I LIFEGUARD II LIFEGUARD III LIFEGUARD SERGEANT MARINE SAFETY LIEUTENANT LIFEGUARD CHIEF TOTAL 48 FIRE RECRUIT (meets FS definition) FIRE FIGHTER I 36 1---1 ~ - . - --~"~. --... CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY Page 2 of 3 ,. -~'FT';"- '"'·~.-r·:-" -;~ - ,~r.5 ~~~~~~5f~\~:~ ~C"(iD~:~t1,'(~6- ,~. ~ - <.- ---- -, ~ -~ - - --- "~ "' j 1i'iI!~"-',ro"'-m""_'~_-'-' - -""BIiI"-' -_. "_d"_""~"_-"~~'~=_m E,~ ~~iil:-l~.:;j~'....'·:"',;...~1.~ FIRE FIGHTER II FIRE ENGINEER 34 FIRE CAPTAIN 31 FIRE BATTALION CHIEF 4 FIRE SlllFT COMMANDER DEPUTY FIRE CHŒF 2 ASSISTANT FIRE CHIEF FIRE CHIEF 1 TOTAL 108 ~ ~ìr ?jL'\ I~L, '_"'),,)1"-" -\, ,111_ ' ,,- <' I '~'c-, " ,} "" 1< " 'JI!(iI'i;~(ir q',bJ{i ;'5 ~t,~';I~;í~":;~"-;'~ ;;:~~~~,1ì~,1 ';;;'z I;]::-ì~¡ ~T~-fT{¡~ I ¡¡~" :-l l;i,",~~~~-:-;: __...;.~~_", "';~,"~~-{.."Å>¡¡~S~j~,..k.~;;':'~;¿";",:. :-=':.-_~¡~,~ - ""~ .,.,.-"-"',, -::~ ,...._~>,\;) HAZARDOUS MATERIALS SPECIALIST HAZARDOUS MATERIALS TECHNICIAN TOTAL POLICE RESERVE 10 POLICE OFFICER I 138 POLICE OFFICER II POLICE AGENT 53 POLICE CORPORAL POLICE SERGEANT 24 '7- /1 CERTIFICATION OF PUBLIC SAFETY PERSONNEL BY CATEGORY Page 3 of 3 POLICE CAPTAIN 2 ASSISTANT POLICE CHJEF I EXECUTIVE POLICE CHIEF POLICE CHIEF 1 RESERVE DEPUTY DEPUTY SHERIFF SHERIFF'S SERGEANT SHERIFF'S LIEUTENANT SHERIFF'S CAPTAIN SHERIFF'S COMMANDER ASSISTANT SHERIFF UNDERSHERIFF SHERIFF TOTAL 229 7-1'g -- -- - -_._-_.._---~-~--~_._.._---- RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF CHULA VISTA REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING, ACCEPTING UNANTICIPATED UASI GRANT FUNDS AND AMENDING THE FY 05 BUDGET TO APPROPRIATE SAID FUNDS WHEREAS, The City of San Diego is the designated Urban Area Security Initiative Grant (UASI) Coordinator for San Diego Region; and, WHEREAS, Before UASI grant funds can be expended the UASI grant stipulates a Memorandum of Understanding (MOD) between the City of San Diego Office of Homeland Security and the participating agency be effective; and, WHEREAS, The MOU is required to ensure compliance with the grant assurances for the Urban Area Security Initiative; and, WHEREAS, the Fire Department is the designated agency coordinator for UASI grant funds; and, WHEREAS, the City of Chula Vista is eligible to receive $115,660 from the FY03 UASI-II grant allocation; and, wHEREAS, The FY03 UASI-II grant funds be used to in the following manner: . Complete the purchase of chemical resistant Personnel Protective Equipment for Police Officers - estimated cost $97,124; and, . Purchase radiation detection equipment for Fire - estimated cost $18,536; and, WHEREAS, Grant funds in the amount of $115,660 will be appropriated to the Fire Department budget. NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve a Memorandum of Understanding between the City of San Diego Office of Homeland Security and the City of Chula Vista regarding Urban Area Security Initiative (UASI) grant funding and accepts unanticipated UASI grant funds in the amount of $115,660 and amends the fiscal year 2005 services and supplies budget of the Fire Department by $97,124 and operating capital budget by $18,536. Presented by: Approved as to form by: ...v1 ~~ Ann ~re ~ City Attorney H:/shared/attomey/UASI Grant reso 7-/1 -----.- COUNCIL AGENDA STATEMENT Item No.: g Meeting Date: 09/14/04 ITEM TITLE: Resolution of the City Council of the City ofChula Vista approving the Third Amendment to an agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting services related to mitigation monitoring and reporting, preparation of environmental documents and the coordination and oversight of the preparation of environmental documents. SUBMITTED BY: Director of Planning and Building-ps- REVIEWED BY: &{f- ~ City Manager f<'v (4/5ths Vote: y~ No ~ The item before the City Council is a request to approve the Third Amendment to an existing contract with Marion B. Borg Environmental Consulting for environmental consulting services related to mitigation monitoring, and reporting, preparation of environmental documents and the coordination and oversight of the preparation of environmental documents. The Third Amendment is for an amount not to exceed $86,000. RECOMMENDATION: That the City Council adopt the Resolution of the City Council of the City of Chula Vista approving the Third Amendment to the agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The continuing services of Marion B. Borg Environmental Consulting is needed for the environmental processing of projects such as the Wolf Canyon Trunk Sewer Project and mitigation monitoring for such projects as Eastlake Village Center North Shopping Center, EastLake's Kohl's Project, EastLake "Land Swap" property and San Miguel Ranch. Consultant Services Marion B. Borg, Environmental Consulting p-l _....,._,.._______..__.____.__._____.___'.~_'M___ Page 2, Item No.: CZ Meeting Date: 09/14/04 In October 2001, the City entered into a contract (Original Agreement) with Marion B. Borg Environmental Consulting for the purpose of: a) mitigation monitoring to ensure applicant's compliance with the California Environmental Quality Act for master planned community projects, such as the San Miguel Ranch and EastLake; b) preparing environmental documents such as initial studies, negative declarations and mitigated negative declarations for projects in Chula Vista; and 3) providing oversight and coordination of environmental documents such as Environmental Impact Reports for eastern Chula Vista master planned community projects. In April 2002, the City entered into a First Amendment to agreement with Marion B. Borg Environmental Consulting to continue environmental consulting services specified in the Original Agreement. In July 2003, the City entered into a Second Amendment to agreement with Marion B. Borg Environmental Consulting to continue environmental consulting services specified in the Original Agreement Scope of work The detailed scope of work for Marion B. Borg Consulting is set forth in Attachment 4. FISCAL IMPACT: The proposed Third Amendment will add $86,000 to the total services provided to the City by the Consultant and cover services to be provided through June 30, 2005. The original contract was for $49,500 and covered services through April 30, 2002. The First Amendment added $74,200 to the original agreement and covered services through June 30, 2003. The Second Amendment added $86,000 to the original agreement and covered services through June 30, 2004. Total contract value of services provided to the City by the Consultant is $295,700 over a four-year period. Funding for all services has been and will continue to be completely covered by developer deposit reimbursements. Attachments I. Original Contract with Marion B. Borg Environmental Consulting dated October 2001. 2. First Amendment to agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting. 3. Second Amendment to agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting. 4. Third Amendment to agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting. J:\Planning\BobMc\Borg All3 9-14-04.doc K~ ~J.. l ,~ . A-rrA-CHME:ftlT i. Parties and Recital Page(s) Agreement between City of Chula Vista and - - Marion B. Borg Environmental Consulting For Environmental Consulting Services This agreement ("Agreement"), dated /¿:'- ~-¿;"/ , for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the expertise of an Environmental Consultant is necessary and requires the hiring of a Consultant; and WHEREAS, the Consultant is currently on the City's list of certified environmental consultants; and WHEREAS, implementation of the Planning & Building Department's work plan necessitates the expertise of an environmental consultant and requires the hiring of an environmental consultant; and WHEREAS, the Consultant has demonstrated the ability to perform mitigation monitoring, and the preparation of environmental documents while working as a Temporary Expert Professional for the City of Chula Vista; and WHEREAS, the Consultant is uniquely familiar with the City's environmental process and procedures; and WHEREAS, it is in th.e City's best interest to waive the City's formal bidding process as well as impractical, in that the City is in irnmediate need of an experienced environmental consultant; and WHEREAS, the Consultant, is uniquely qualified to serve as the Consultant for this contract based on the firm's experience and expertise with environmental impact assessment, resource management and mitigation monitoring within this region. 9/26/01 Page I J:\Planning\MARfL YN\MBBContractrevised .doc f-3 . m._. _ .....___..__n_._...__.___ -'1, "' i? .' ~ ..,) ----.-. ........._.__m ,-- WHEREAS, the Environmental Review Coordinator has negotiated the details of this agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review Procedures; 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 NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties". B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in 9/26/01 Page 2 J :\Planning\MARIL YN\MBBContractrevised.doc 7-- J.f )' r the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care - - Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk ofloss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Cornmercial 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 as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members ofthe general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy, G. Proof ofInsurance Coverage (1) Certificates ofInsurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance 9/26/01 Page 3 J:IPlanninglMARIL YNIMBBContractrevised.doc '? # !J- ---~--------- - 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 in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 oftbe 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 9/26/01 Page ~ J:\P!anning\MARI L YN\MBBContractrevised .doc t·~ achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 9/26/01 Page 5 J :\Planning\MARIL YN\MBBContractrevised .doc /] 9'- / _.~-~.__.._--~-,._-~--~~._.. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Dam¡¡ges Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in ·the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant 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. 9/26/01 Page 6 J :\Planning\MARI L YN\MBBContractrevised.doc ¡~6 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 Politic¡ll Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City, 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for (i) those claims, damages, liability, costs and expenses (including without limitation, attorney fees) arising from the sole negligence or sole willful misconduct of the City its officers, employees, or (ii) with respect to losses arising from Consultant's professional errors or omissions, those claims arising from the negligence or willful 9/26/01 Page 7 J :\Planning\MARI L YN\MB BContractrevised.dac 9 a '" , i' ¡ -........ ~ _."-_._._,---_._~.~--_._._.._------ misconduct of City its officers, employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property ofthe City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 9/26/01 Page g J:\Planning\MARIL YN\MBBContractrevised.doc ý,/f,) II. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the sub consultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subj ect to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be sôlely responsible for the payment of same and shall hold the City harmless with regard thereto, 14, Administrative Claims Reqùirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 9/26/01 Page 9 J:\Planning\MARIL YN\MBBContractrevised.doc ("II ----------- 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party . shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California Of some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nOf their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands Of requests provided for or permitted to be given pursuant to this Agreement must be in writing, All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registefed 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, 9126101 Page 10 J:\Planning\MARI L YN\MBBContractrevised.doc 1'/¡f : .J /' 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 LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City ofChula Vista. [end of page. next page is signature page.] 9/26/01 Page II J :\Planning\MARIL YN\MBBContractrevised.doc g~'13 ---- .--- ---.-------- Signature Page to Agreement between City of Chula Vista and Marion B. Borg Environmental Consulting for - " environmental consulting 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: Dated: ,2001 City of Chula Vista by: ÆJ~~--;t? ð... ~ David D. Rowlands, Jr. City Manager Attest: ~ ~Lu tu- -ai/-L~ ~ Susan Bigelow, City Clerk Approved as to form: 6?~, )J\(û-v{~ John, y, City Attorney Dated: ;/;:; J;/Ù / Marion B. Borg Enviormnental Consulting Bÿ7r~.lL7= Marion B. Borg, Owner Exhibit List to Agreement (X) Exhibit A. 9/26/01 Page 12 J :\Planning\MARIL YN\MBBContractrevised .doc g-J11 Exhibit A to Agreement between - - City ofChula Vista and Marion B. Borg Environmental Consulting L Effective Date of Agreement: October 5,2001 2. City-Related Entity: (X) City ofChula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of tbe 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 ofChula Vista 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Marion B. Borg Environniental Consulting. 5. Business Form of Consultant: (X) Sole Proprietorship ( ) Partnership ( ) Corporation 9/26/01 Page t3 J:\Planning\MARIL YN\MBBContractrevised.doc ¿(/5 -- - ~-- _..~___".__ __ __ _+____ _ __.···_m··.__.__._~__~.___._.,.__ 6. Place of Business, Telephone and Fax Number of Consultant: 16110 Country Day Road Poway, CA 92064 _ J'elephone (858) 676-7987; Fax Number (858) 676-0646 7. General Duties: Under the direction of the Environmental Review Coordinator Marion B. Borg Environmental Consulting will function as an Environmental Consultant acting as an extension of the Environmental Review Section staff on various projects. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The primary responsibility of the Environmental Consultant will be to provide environmental review and assessment support to City staff pertaining to environmental projects as identified and approved by the Environmental Review Coordinator. At the direction of City staff, tasks will include but are not limited to: a. Mitigation Monitoring: Verification of Applicant's compliance with the San Miguel Ranch Final EIR (EIR 97-02) Mitigation Monitoring and Reporting Program (MMRP) and associated agreements as they relate to the MMRP including but not limited to review of grading plans, improvement plans, revegetationihabitat enhancement plans and Final Maps; preparation of environmental documents (i.e., Initial Studies, Negative Declarations/ Mitigated Negative Declarati ons and Addendums) necessary for the implementation of the San Miguel Ranch Sectional Planning Area (SPA) plan, site visits, meetings with the applicant, team meetings and any other activity deemed necessary by the Environmental Review Coordinator to assure Applicant's compliance with the FSEIR for San Miguel Ranch (EIR 97-02); and b. Preparation of Environmental Documents: As deemed necessary by the Environmental Review Coordinator, preparation of environmental documents including Initial Studies, Negative Declarati ons, Mitigated Negative Declarations and Addendums to previously prepared documents for projects within, but not limited to the Planned Communities located in Eastern Chula Vista including the Otay Ranch and EastLake; and c. Coordination and Oversight of the Preparation of Enviromrtental Documents: As directed by the Environmental Review Coordinator, coordinate the preparation of City environmental documents such as Environmental Impact Reports and Supplemental Environmental Impact Reports including preparation of Notices of Preparation, review of screen check drafts, . coordination of public review of documents, preparation of staff reports to 9/26/01 Page 1~ J:\Planning\MARIL YN\MBBContractrevised.doc t-/ Ip Planning Commission and City Council, review of draft Findings of Fact and any necessary statements of overriding considerations and mitigation monitoring reporting program related to the environmental document. - -All tasks associated with this contract shall be coordinated with and have prior authorization by the Environmental Review Coordinator who will be overseeing administration of the contract. All work performed by the environmental Consultant shall be performed to the satisfaction of the City's Environmental Review Coordinator. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliver abies: N/A Deliverable No.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Consultant services: April 1, 2002 9. Insurance Requirements: () Statutory Worker's Compensation Insurance () Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in CommerCial General Liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: All applicable previous environmental documentation the Environmental Review Coordinator deems relevant to each assigned task for each project. 11. Compensation: A. () Single Fixed Fee Arrangement. 9/26/0\ Page 15 J :\Planning\MARIL YN\MBBContractrevised.doc l~! 1 _~.~.~_____._.__m_"'_._,______·__ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made - - hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees 'that Consultant will perform all of the Defined Services herein required of Consultant for $49,500.00 including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and 'materials equal to $49,500 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City, Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 9/26/01 Page 17 J :\Planning\MARIL YN\MBBContractrevised.doc '""j ¡ () V~ P. Ii " v · , For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: _ .single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receIve credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim 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 Consultarit 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 cornmence Services under aíJ.y Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ 9/26/01 Page 16 J:\Planning\MARIL YN\MBBContractrevised.doc ':.Â ",,'/' ! ; - ._----~_._--~--------~_._~_._---- Rate Schedule Category of Employee Hourly - - of Consultant Name Rate Project Manager Marion B. Borg $90.00 (X) Hourly rates may increase annually by 3% for services rendered after January 2002. 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 (X) Reports, not to exceed $ Cost + 15% (X) Copies, not to exceed $ Cost + 15% (X) Travel, not to exceed $ $0.32/mile (X) Printing, not to exceed $ Cost + 15% (X) Postage, not to exceed $ Cost + 15% (X) Delivery, not to exceed $ Cost + 15% ( ) Long Distance Telephone Charges, not to exceed $ N/A (X) Other Actual Identifiable Direct Costs: Cost +15% not to exceed $ 13. Contract Administrators: City: Marilyn R.F. Ponseggi, Environmental Review Coordinator Consultant: Marion B. Borg, Marion B. Borg Environmental Consulting 14. Liquidated Damages Rate: N/A ( )$_perday. ( ) Other: 15, Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( X ) Not Applicable. Not an FPPC Filer. 9126101 Page 18 J:\Planning\MARIL YN\MBBContractrevised.doc f" ;20 ( ) FPPC Filer ( ) Category No.1. Investments and sources of income. - - ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: None 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: 9/26/01 Page 19 J:\P!anning\MARI L YN\MBBContractrevised.doc - I K", ) / ¿1"'"-l C M~'.__ .. __....______ ._--~_._-_.- ------. (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: - - C. City's Account Number: To be assigned after agreement is processed 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other 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: (X) Completion of All Consultant Services to the satisfaction ofthe Environmental Review Coordinator. ( ) Other: 9126101 Page 20 J ;\Planning\MARI L YN\MBBContractrevised.dac 7' ,"-" "#",.,;.,çr- ,-..' f,·' ~ A-,r,4U-Ift1£ NT 2- FIRST AMENDMENT to the Agreement between the City of Chula Vista and - - Marion B. Borg Environmental Consulting For Environmental Consulting Services Recitals This First Amendment is effective as of April 2, 2002 by and between the City of Chula Vista ("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the following facts: WHEREAS, City and Consultant previously entered into an agreement on October 5, 2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental documents and coordination and oversee the preparation of other environmental documents ("Original Agreement"); and WHEREAS, Exhibit A, item 8D required Consultant to complete all services by April 1, 2002; and WHEREAS, Exhibit A, item llC required Consultant to complete all services for $49,500 including all materials, and other "reimbursable" ("Maximum Compensation"); and WHEREAS, the workload has continued and professional environmental consulting services continue to be needed; and WHEREAS, Consultant is uniquely qualified due to previous work in this project area NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: I. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: June 30, 2003 2. Exhibit A, item IlC (1) of the Original Agreement, entitled Compensation, is hereby amended to read as follows: 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 $74,260 including all Materials, and other "reimbursables" ("Maximum Compensation"). g # ;;;3 ~ 'f:"J . d-/~ 1 ,) ~ <...': . , "_'W"_'_,'___ -.--.--.--------- ..------- 3. All other terms and conditions of the Original Agreement not specifically modified by this First Amendment shall remain in full force and effect. SIGNATURE PAGE - " TO FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: City of Chula Vista Marion B. Borg Environmental Consulting By: JA1ÆÚL¿fJì'~ B~~L¡j i34~ Shirley Horton, Mayor Marion B. Borg Dated: Dated: 0/¡.:yO~ I Approved as to form: ~1m~~ Jo . aheny, City Attoffie J:\Planning\Rosemarie\Jim\Mami Contract..doc . :""1 "') :.".. 2 (,'1"'/ .£:OW0C7L , ,~ ttT1'I'/C.H,<1£A.JT .3 SECOND AMENDMENT To the Agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting - - For Environmental Consulting Services Recitals This Second Amendment is effective as of'"ZlJ1ß.by and between the City of Chula Vista ("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the following facts: WHEREAS, City and Consultant previously entered into an agreement on October 5, 2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental documents and coordinate and oversee the preparation of other environmental documents ("Original Agreement"); and WHEREAS, City and Consultant previously entered into a First Amendment to the Original Agreement on April 2, 2002 to continue environmental consulting services specified in the Original Agreement; and WHEREAS, the workload has continued and professional environmental consulting services continue to be needed; and WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula Vista and experience acting as an extension of the Environmental Review Section staff on various projects; and WHEREAS, all work performed by Consultant has been performed to the satisfaction of the City's Environmental Review Coordinator; NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: I. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: June 30. 2004 2. Exhibit A, item llC (1) of the Original Agreement, entitled Compensation, is hereby amended to read as follows: 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 from the date of this Second Amendment to '1 -3,1 ð'-d-S qæo)'-~C¡, I ______n_.'_ __.____m.._________ · .,""'" ~ June 30, 2004, for $86,000 including all Materials, and other "reimburseables" ("Maximum Compensation"). 3. All other terms and conditions of the Original Agreement and First Amendment not špecifically modified by this Second Amendment shall remain in full force and effect. SIGNATURE PAGE TO SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES IN WITNESS THEREOF, City and Consultant have executed this Second Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: :~~:&I~Æ( Marion B. Borg Environmental Consulting By:7A~~h~ Stephen C.7Padl la, Mayor Marion B. Borg Dmd, dcfí ~3 Dated: r 7l.R .;;J-ð Ò ":;:y { Approved as to form: ~~ M(~ Ann e, CIty Attorney ~.)þ J :\Planning\MARNIB\templates\contractarndmtMBB.doc 12- -~2- , RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING SERVICES RELATED TO MITIGATION MONITORING AND REPORTING, PREPARATION OF ENVIRONMENTAL DOCUMENTS AND THE COORDINATION AND OVERSIGHT OF THE PREPARATION OF ENVIRONMENTAL DOCUMENTS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID THIRD AMENDMENT WHEREAS, in October 2001, the City entered into an agreement with Marion B. Borg Environmental Consulting ("Consultant") for environmental consulting services related to the California Environmental Quality Act; and in April 2002, the City entered into a first amendment with Consultant to continue environmental consulting services specified in the original agreement; and thereafter in July 2003, the City entered into a second amendment to the original agreement; WHEREAS, the projects that Consultant would be assigned to are time sensitive and environmental processing delays would be detrimental to the City of Chula Vista; and WHEREAS, based upon Consultant's intimate knowledge of these projects, and satisfactory performance on numerous complex and time-sensitive projects to date, the City will receive continuity of environmental services which are in the City's best interests; and WHEREAS, approval of the third amendment would enable the City to meet the environmental processing demands of important projects on schedule. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the third amendment to an agreement between the City ofChula Vista and Marion B. Borg Environmental Consulting services related to mitigation monitoring and reporting, preparation of environmental documents and the coordination and oversight of the preparation of environmental documents, a copy of which shall be kept on file in the City Clerk's office. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said third amendment on behalf of the City ofChula Vista. Presented by bf.::t~07~___ Jim Sandoval g-J1 oore -_.~----- .,.-.----...-....------- ------- Director of Planning & Building City Attorney J:attorney/reso/amendments/Borg Reso Third Amendment H:attorney/final reso/9 14 04/borg reso third amendment ý--;;'? (J THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL f(pl, P /!~ Ann Moore City Attorney Dated: Third Amendment to the Agreement Between the City of Chula Vista and Marion B. Borg Environmental Consulting For Environmental Consulting Services g ,;)1 ___________.._______ ._m··_...__________" THIRD AMENDMENT To the Agreement between the City of Chula Vista and Marion B. Borg Environmental Consulting For Environmental Consulting Services Recitals This Third Amendment is effective as of 7/1/2004 by and between the City of Chula Vista ("City") and Marion B. Borg Environmental Consulting ("Consultant"), with reference to the following facts: . WHEREAS, City and Consultant previously entered into an agreement on October 5, 2001 whereby Consultant was to provide mitigation monitoring services, prepare environmental documents and coordinate and oversee the preparation of other environmental documents ("Original Agreement''); and WHEREAS, City and Consultant previously entered into a First Amendment to the Original Agreement on April 2, 2002 and a Second Amendment on July 8, 2003 to continue environmental consulting services specified in the Original Agreement; and WHEREAS, the workload has continued and professional environmental consulting services continue to be needed; and WHEREAS, Consultant is uniquely qualified due to work experience in the City of Chula Vista and experience acting as an extension of the Environmental Review Section staff on various projects; and WHEREAS, all work performed by Consultant has been performed to the satisfaction of the City's Environmental Review Coordinator; NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: I. Exhibit A, Section 8D of the Original Agreement, entitled Date for Completion of all Consultant Services, is hereby amended to read as follows: June 30. 2005 2. Exhibit A, item llC (1) of the Original Agreement, entitled Compensation, is hereby amended to read as follows: 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 from the effective date of this Third /? /30 Amendment to June 30, 2005, for $86,000 including all Materials, and other "reirnburseables" ("Maximum Compensation"). 3. All other terms and conditions of the Original Agreement and First Amendment and Second Amendment not specifically modified by this Third Amendment shall remain in full force and effect. C:\Word\Word\Contracts\2ptyBorg Amend 3.doc g-3/ 0----- --.------. .-..----.... - -------_.__..__._----~--_._----- SIGNATURE PAGE TO THIRD AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MARION B. BORG ENVIRONMENTAL CONSULTING FOR ENVIRONMENTAL CONSULTING SERVICES IN WITNESS THEREOF, City and Consultant have executed this Third Amendment to the Agreement thereby indicating that they have read and understood same, and indicate their full and comp'iete consent to its terms: City of Chula Vista Marion B. Borg Environmental Consulting By: By~i3-~ Stephen C. Padilla, Mayor Marion B. Borg Dated: Dated: ¡J,.U ¿f'j ",;/-,,;'}.4, ¿zoo '/ Approved as to form: Ann Moore, City Attorney C:\Word\Word\Conuacts\2ptyBorg Amend 3.doc 8-3~ COUNCIL AGENDA STATEMENT ~ Item Meeting Date 9/14/04 ITEM TITLE: Resolution Approving the first amendment to an agreement with the EastLake Company LLC regarding Eastlake Village Center North SUBMITTED BY: Director of General Services/City Engineer rJ;< REVIEWED BY: City Manager r; ~ (4/5ths Vote: _ No-XJ 1"T)~ In July 2003, the City entered into an improvement agreement with the EastLake Company LLC regarding the EastLake Village Center North property. One of the provisions of the agreement assigned Transportation Development Impact Fee (TDIF) credit to the property based on specific approved uses. The proposed resolution will amend the approved uses eligible for TDIF credit. RECOMMENDATION: That Council adopt the resolution. BOARDS AND COMMISSIONS: N/A DISCUSSION: In 1992, the City entered into an agreement (Kaiser Agreement) with Kaiser Foundation Hospitals regarding a medical center project proposed in the Eastlake Village Center located at the northwest comer of Otay Lakes Road and Eastlake Parkway. One of the provisions of that agreement allowed the EastLake Company to convert its available TDIF dollar credit into 933 equivalent dwelling units (EDU) of credit. Those credits were assigned to the medical center project, essentially pre-paying the fee for that parcel. In exchange, the City received $1 million for the General Fund among other benefits. Eventually, the Kaiser Hospital development proposal was abandoned and in 2002 the City approved an amendment to the General Plan to permit a commercial project and employment center on the parcel. As part of the project approvals, the City entered into the Village Center North Improvement Agreement (re-stated in July, 2003) that terminated the Kaiser Agreement. The Village Center North Improvement Agreement maintained and carried forward the 933 EDUs of TDIF credit available to this parcel. The agreement states that the credit may be used for those projects contemplated with the project approvals in 2002. Approved projects include approximately 38 acres of retail commercial and 16 acres of employment center (Attachment 1). The southerly portion of the property has subsequently been developed as retail commercial consistent with the 2002 project approvals. Sudberry Properties is currently processing an application for a General Plan change for a portion of the northern 16 acres of the property to allow a departure from the currently approved employment center land use to a mix of employment and commercial uses. The EastLake Company, on behalf of the applicant, has requested that the City allow it to use the available TDIF EDU credits for the updated, proposed use. Staff recommends that the Village Center North Improvement Agreement be amended to allow the use of the TDIF EDU credit for any present approved use or for any subsequent q-l H..___,._._.___ ._......__. ..... .-.'_.,--- -- -----------------."" Page 2, Item '1 Meeting Date 9/14/04 amendments to uses approved by the City. Approval of the resolution is consistent with City goals in both encouraging commercial development and streamlining the permitting process. There are sufficient TDIF EDUs available under the agreement, together with the EDU credit available from Assessment District 88-1 (Otay Lakes Road, Commercial), to cover the previously approved retail commercial acreage and the proposed land use changes. FISCAL IMPACT: There is no impact to the General Fund. Moreover, there is no impact to the Transportation DIF program. The 2002 TDIF program anticipated that the entire parcel at the northwest comer of Otay Lakes Road and Eastlake Parkway would be eligible to use their existing TDIF EDU credit pursuant to the agreement. Attachments: 1 - Site utilization plan (7/23/02) 2 - Agreement Exhibit: A -First Amendment File: HX 001 J:\engineer\agenda\Village Center North agreement.cb.doc 9/9/2004 I OA636 AM () -, . i /cT ATTACHMENì _ , INTRODUCTION Site Utilization Plan .-L.. II .. .... E-9, E-8 E-1 E-4 E-4 E-7 . ! E-7 . . \ VC-1 ~ ',10" SPA I Key Map ~ ..., '" l - . .. ,..~~~~ - Vlllagecenter~ SPA Location <' , .. I Parcel I Land Use I Acres I VC-1 Village Center 38.1 _. . _ SPA I Boundary VC-2 Village Center 13.6 Supplemental Village E-10 ViI. Ctr. Employment 16.4 _ .. - Center North SPA Boundary Total 68.1 Note: This exhibit and statistics are for the ViI/age Center North Supplemental SPA Planning Area only, Refer to the EastLake I Site Utibzlltion Plan for total SPA Plan statisncs, Village Center North Supplemental SPA Plan 0:'1: land Planning ..i EASTLAKE I A:19 m . .. .. ..~....... A planned tommunl[)' b~' The E.s.Lake Company' 313102 Exhibit 5 (7/23/02) a¡~3 SPA PLAN II.2.1-12 __.._..._~_.._ __ __.m...____.. .~___._.'.'__m__ _ __._.~___._,____. __'._'___.0____ ~ .. . DOC :6 ATTACHMENì - AUG 2 (ffICIIt. RECII!DS !WI DIm] CIIIITV W!IRDER'S CfFlCE RECORDING REQUEST BY: ) IBIì1 J. IIIITH. CWITV Ii'EaRIIR ) FEES: 0.00 City Clerk . ) ) WHEN RECORDED MAIL TO: ) ) CITY OF CHULA VISTA ) 276 Fourth Avenue ) Chula Vista, CA 91910 ) I~ Altn: City Clerk ) ~~. ) l~Tf NORECO £NG FEE PURSUANT o GOVT. CODE 6103 I I I eo'" RESTATED VILLAGE CENTER NORTH IMPROVEMENT AGREEMENT by and between THE CITY OF CHULA VISTA, a charter city and THE EASTLAKE COMPANY LLC, a California limited liability company 1 .~ 'I _ f...,."-- ~"... ¡ . ------.. _ __ +,._ '.'_....H" -- ~-----.- --- .--.----.-.----,.-- --_._-~--_.- , , '. RESTATED VILLAGE CENTER NORTH IMPROVEMENT AGREEMENT THIS RESTATED VILLAGE CENTER NORTH IMPROVEMENT AGREEMENT ("Agreement") is entered into on between THE EASTLAKE COMPANY LLC, a Caíifornia limited liability company ("EastLake"), and the CITY OF CHULA VISTA, a municipal corporation having charter powers (the "City"), with reference to the recitals set forth below. I. Recitals. - 1.1 Encumbrance. The parties hereto agree as set forth more fully below that this Agreement shall encumber that real property commonly known as the E-I 0 Parcel and more particularly described on Exhibit A hereto. 1.2 OrilZinal A ""eement. The parties hereto previously entered into a Village Center North Improvement Agreement dated August 1, 2002, and recorded in the San Diego City Count Recorder's office as Document Number 2002-0832144 ("Original Agreement"). The Original Agreement encumbered other real property which encumbrance has been released by separate document. 1.3 Restatement of Allreement. The sole purpose ofthis Restatement Agreement is to substitute tbe real property which is encumbered by the terms and conditions set forth below. All other terms and conditions ofthe original agreement remain in full force and effect as set forth herein. 1.4 City's Interest in Enterinll Allreement. The City wishes to encourage the development of the Property (as defined below) on the terms and conditions contained in this Agreement. In connection with the development of the Property certain benefits relating to community trail enhancement, development of future transit stations, and ,financing of public facilities will accrue to the City's benefit. The City is entering this Agreement in the public interest and for the public benelit. 1.5 The Pronertv: EastLake's Interest. EastLake owns, or previously owned, that ,certain real property (consisting of two parcels totaling approximately 68.1 acres) commonly known as EastLake Village Center North ("the Property"), more particularly depicted on Exhibit B attached hereto and incorporated herein. The western parcel of the Property consists of approximately 54.5 acres ("Western Parcel") and' is depicted on Exhibit B. The eastern parcel of the Property consists of approximately 13.6 acres ("Eastern Parcel") and is depicted on Exhibit B. EastLake Intends to construct and operate on the Property commercial, research, manufacturing, retail, office, industrial and other related support facilities ("Project"). 1.6 Status of the Prooertv and Project. EastLake proposed and the City on July 23, 2002 approved EastLake's proposal to (I) amend the City's General Plan to change the land use designation for a portion of the Property, (2) amend the EastLake II General Development Plan to change the land use designation for portions of the Property, and (3) 2 q ~ '....::) -----~--- - ~----,------- --- ---- - amend the EastLake II Planned Community District Regulations to accommodate the changes in land use. EastLake and the City are also proceeding to amend the EastLake I Sectional Planning Area ("SPA"). The SPA amendments shall be reflected in a separate document to be known as the EastLake I, Village Center North Supplemental SPA, which amendment shall include, among other requirements, updated Design Guidelines, and associate regulatory documents for the Property (collectively, the "Amended Project Approvals"). 1.7 DeveloDment of PrODertv. In connection with the Project and the Amended Project Approvals, portions of the Property shall be identified and developed for particular uses. The Western Parcel is comprised of two components. The northerly portion of a¡¡proxjrnately 16 acres is designated for research and limited manufacturing. The southerly portion of approximately 38 acres is designated retail commercial ("Western Retail Commercial Site"). 1.8 Prior Develooment Aoreements. A portion of the Western Parcel consisting of approximately 30.6 acres is subject to that certain Development Agreement by and between Kaiser Foundation Hospitals and the City, recorded August 20, 1992 in Official Records of San Diego County as Document No. 1992-0528395 ("Kaiser Agreement"). The Property is also subject to that certain Development Agreement by and between EastLake Development Company and the City, recorded in Official Records of San Diego County as Document No. 1985-198858 ("EastLake Development Agreement"). 1.9 Pedestrian Brid.e A.reement. Pursuant to that certain Agreement Regarding a Community Trail Pedestrian Facility Between EastLake I and EastLake II approved by the City on January 23, 1990 pursuant to Resolution 15480 ("Bridge Agreement"), EastLake agreed to build a pedestrian bridge over OIay Lakes Road to connect the Western Parcel with the Yon's shopping center located across said road at the time the Western Parcel is developed. 1.10 Effective Date. The "Effective Date" of this Agreement shall be the date on which the original Agreement was adopted by the City Council, August 6, 2002. 2. Enhancement to Community Trails. EastLake agrees to provide trail enhancements of three (3) pedestrian nodes ("Trail Enhancements") on the Western Parcel in connection with its development as follows: 2.1.1. Site and Architectural Desil!f1S. EastLake shall prepare site and conceptual architectural designs for Trail Enhancements as depicted on Exhibit C- 1 and Exhibit C-2. 2.1.2. Aooroval of Desi2ns. EastLake sball submit such site and conceptual architectural designs and construction drawings concurrent with the landscape plans for the Western Parcel and shall obtain the City Director of Planning and Building's approval, which approval shall not be unreasonably withheld or delayed. 2.1.3. Construction of Trail Enhancements. EastLake shall cause the construction of the Trail Enhancements substantially in the manner depicted on Exhibit C-1 and Exhibit ~ and approved by the City Director of Planning and Building for the amount of the 3 ¿ì ~ ;;., , I 'f .' construction estimate (as defined below) and as adjusted annually to the index in the Engineering News Report commencing trom the Effecti ve Date. EastLake shall commence construction of the Trail Enhancements in conjunction with the construction of the Western Retail Commercial Site street improvements; provided, however, that such construction shall be complete no later than eighteen (18) months from the date the City approves the first parcel map for the Property. 2.1.4. Construction Estimate. EastLake shall prepare an estimate ("Construction Estimate") for the cost of constructing the Trai] Enhancements. The Construction Estimate shall inclllde a1l costs associated with construction of the Trail Enhancements including, without limitation, engineering designs, the site and conceptual architectural designs, and the construction drawings. EastLake shall submit the Construction Estimate to the City prior to approval of the first building permit for the Project. The City's approval of the Construction Estimate shall not be unreasonably withheld or delayed. If the City Director of Planning and Building does not approve the Construction Estimate submitted pursuant to this paragraph, then the Director shall provide a reason for such rejection and suggestions for correction of the Construction Estimate. 2.1.5. Completion Bond Deposit. Based on the Construction Estimate, EastLake shall post a bond with the City, concurrent with the City's approval of the first parcel map for the Project, in the mount of one hundred fifty percent (150%) of the Construction Estimate to guarantee the faithful performance by East Lake (or its designee) of aU work and the construction of the Trail Enhancements and securing the payment by EastLake (or its designee) for aU labor and materials incurred in the construction of the Trail Enhancements. Upon completion and acceptance of aU said improvements, the bond shall be released. 3, Future Transit Stations. The parties contemplate that the Project shall include transit stations on both the Western and Eastern Parcels and the parties agree that in connection with such facilities EastLake or its successors or assigns wiJI perform, or cause to be performed, certain obligations as detailed herein. 3.1 Western Transit Station. EastLake agrees to perform the following obJigations in connection with tbe Western Transit Station proposed to be located on a portion of the Western Parcel. 3.1.1. Pavment for Western Transit Station. Prior to issuance of any building permits on the Western Paree], EastLake shall pay $145,000 ("Western Transit Payment"), to the City to use exclusively for all costs of construction and landscaping· of the Western Transit Station. The Western Transit Payment shall be fu1l and complete satisfaction of any and all obligations EastLake may have in connection with the Western Transit Station. City shall deposit the Western Transit Payment in an interest bearing account, with all interest accruing to the account for tbe benefit of the Western Transit Station. If the City does not commence construction of the Western Transit Station before the end of the term of this Agreement, the Western Transit Payment, plus all accrued interest, shall be returned to EastLake. 4 /'" ~'1 ,/ . / -, I ----"~---_.--._,- . ..--- - - ---.-----..---. 3.1.2. Grant of Irrevocable Offer to Dedicate. EastLake agrees to grant with the first parcel map for the Property to .the City an irrevocable offer to dedicate ("laD") the site on which the Western Transit Station is located. The City Engineer shall have the discretion to accept such dedication as required by law. The City shall accept the 100 prior to beginning construction of the Western Transit Station and after proper environmental review. The Western Transit Station rOD shall automatically terminate on toe tenth (lOth) anniversary of the Effective Date iÍsucb laD has not then been accepted by the City. The City shall provide a release in recordable form sufficient to remove the IOD upon termination. 3.2 Eastern Transit Station. The parties contemplate the need for the construction of a future transit station located in the Eastern Parcel ("Eastern Transit Station") as depicted on Exhibit 0-1 and Exhibit 0-2. EastLake agrees to perform the following obligations in connection with the Eastern Transit Station proposed to be located on a portion ofthe Eastern Parcel. 32.1. Pavment for Eastern Transit Station. Prior to issuance of any buiJding permits on the Eastern Parcel, EastLake shall pay $48,000 ("Eastern Transit Payment"). The Eastern Transit Payment shall be full and complete satisfaction of any and all obligations EastLa1<e may have in connection with the Eastern Transit Station. City shall deposit the Eastern Transit Payment in an interest beating account, with all interest accruing to the account for the benefit of the Eastern Transit Station. If the City does not commence construction of the Eastern Transit Station before the end of the term of this Agreement, the Eastern Transit Payment, plus all accrued interest, shall be returned to EastLake. 3.2.2. Park and Ride Parkin!! Soaces. EastLake agrees to provide an easement, at its sole cost and expense, for ten (10) parking spaces immediately adjacent to the Eastern Transit Station for the purpose of providing dedicated parking for the City's "Park and Ride" program. These spaces shall be marked to indicate that their sole purpose is for use for transit purposes. 3.2.3. Grant of Irrevocable Offer to Dedicate. EastLake agrees to grant with the first parcel map for the Property to the City an 100 the site on which the Eastern Transit Station is located. The City Engineer shall have the discretion to accept such dedication as required by law. The City shall accept the roo prior to starting construction of the Eastern Transit Station and after proper environmental review. The Eastern Transit Station 100 shall automatically terminate on the tenth (10th) anniversary of the Effective Date if such 10D has not then been accepted by the City, The City shall provide a release in recordable form sufficient to remove the 100 upon termination. 4. Bus Turn - Outs. EastLake shall have no obligation, as a component of this Project or as a condition to any City approval of this Project, to provide construction designs, engineering designs or any funds or resources for any proposed turn-outs for MTDB bus service for the nortb- bound and south-bound segments of EastLake Parkway. 5. Maintenance Obli~ations. 5 / 1 ", ( i..~; .....' , .' . 5.1 Trail Enhancements. The Trail Enhancements shall be maintained in a first class manner and in perpetuity by the Property Owner, or its successor in interest, in accordance with the Design Guidelines contained in the SPA. Such maintenance shall also be a condition of the parcel map and included in the Conditions, Covenants and Restrictions ("CC&Rs") for the Western Parcel or Project as determined to be appropriate by the City. 5.2 Western and Eastern Transit Stations, Upon the City's acceptance of either transit station 10D, the City shall have sole responsibility for all maintenance costs and maintenance obligations related to the Western Transit Station and the Eastern Transit Station. - 5.3 Park and Ride Facilities. Parking spaces and ancillary improvements related to the "Park and Ride" program will be maintained by the owner or owners of the Property. Such maintenance obligation shall be described in a manner approved by City in the CC&Rs and deed restrictions for tbe Property, and shall generally require maintenance in a first class manner in perpetuity similar to all other common space areas, with appropriate insurance. 5.4 Bus Turn-Outs. The City shall have sole responsibility for all maintenance costs and maintenance obligations related to the MTDB bus turn outs described in Paragraph 4. 6. Release of Pedestrian Brid"e OblilZation. In consideration of EastLake's obligations contained in this Agreement, the City hereby releases EastLake and its successors from any and all obligations contained in the Bridge Agreement, including, without limitation, the obligation to construct and maintain a pedestrian bridge. The City shaB remove the obligations contained in the Bridge Agreement from the Property's chain oftitle. 7. TDIF Credits. Pursuant to Ordinance No. 22521, as amended, the City has adopted a transportation facility development impact fee ("TDIF") program, which is applicable to the Property. In connection with EastLake's obligation to pay TOIF, the following provisions shall apply to the Property. 7.1 Western Parcel. The City acknowledges that pursuant to the Kaiser Agreement, EastLake has 933 equivalent dwelling units ("EDU") TOIF credits, which EastLake may use only for the purpose of reducing its obligation to pay TDIF on the Western Parcel. The City agrees that EastLake's TOIF obligations for the Western Parcel shall be no more than 933 EDUs regardless of the actual calculation of EDUs attributable to the Western Parcel provided the Western Parcel is developed in accordance with the Amended Approvals. A cbange to the Western Parcel from the Amended Approvals may cause an increase in the TDIF obligations. EastLake shall not be allowed to utilize or transfer surplus EDU credits lfthe City's EDU calculation is less than 933 EDUs. EastLake is entitled to such credits only for [he rezoning tbat occurred as a result oftbe Amended Approvals. No EDU credits shall be aJ lowed for any entitlement not consistent with the Amended Approvals. 7.2 Eastern Parcel. . The City agrees that as of the Effective Date all TD1F associated with or allocatable to the Eastern Parcel has been fully satisfied by TDIF debt 6 a...:.:t . . / ¡ . ~...- .. .__.,-----_.."._~----------~_.._- , funded by the TDIF Assessment District; provided however, that the City's agreement pursuant to this Paragraph 7.2 is conditioned upon the construction and development of the Eastern Parcel with the development described in the TDIF Assessment District. 8. Effect of Kaiser A2I'eement. From and after the Effective Date, the Kaiser Agreement shall be and hereby is terminated. T~e City shall prepare and execute a recordable document to evidence this tennination of the Kaiser Agreement. 9. Bindin~ Effect: Encumbrance ofProoertv: Status. 9.1 Runs with Land: Bindin~ Effect This Agreement is intended to satisfy the provisions of California Civil Code section 1468. The obligations contained herein shall "run with the land" for the benefit of the City as described in Paragraph 1.1 and shall burden the E-10 Parcel and shall be binding on future transferees of such real property. The provision of this Agreement will be binding upon and inure to the benefit of the parties successors.in-interest. 9.2 Discretion to Encumber. Nothing in this Agreement will prevent or limit EastLake, in any manner, at EastLake's sole discretion, fÌ'om encumbering all or any portion of the E·IO Parcel or improvement thereon by any deed of trust or other security device. 9.3 ~ Each party will, within fifteen (IS) days after written request, give written notice to the requesting party of whether the party giving the notice knows of any breach of this Agreement and its current understanding of status of performance under this Agreement. A copy of any such notice which is sent to EastLake shall also be sent to the holder of any institutional first trust deed encumbering the Property if such holder has made written request for notice and provided the City with the holder's address for notice purposes. 10. Default. If either party defaults under this Agreement, the party alleging such defaujt will give the breaching party no less than thirty (30) days' notice of default in writing. The notice of default will specify the nature of the alleged default and, where appropriate, the manner and period of time in which said default may be satisfactorily cured. During any period of cure, the party charged will not be considered in default for the purposes of termination of institution of legal proceedings. If the default is cured, then no default will exist and the noticing party will take no further action. 10.1 Remedies Unon Default. In the event of a default by either party to this Agreement, the parties shall have the remedies of declaratory relief, specific performance, mandamus, injunction and other equitable remedies. Neither party shall have the remedy of monetary dan-ages against the other except as to obligations requiring the payment of money; provided, however, that the prevai ling party shan be entitled to an award of its reasonable attorneys' fees and costs if they have offered prior to the institution of litigation, and continue, during the COurse of litigation, to meet and confer with the other party to resolve in good faith their differences. 11. General Provisions. 7 'Î . .../ .... .,. , ·' 11.1 Notices. All notices required by or provided for under this Agreement sball be in writing and delivered in person or sent by certified mail, postage prepaid, return receipt required, to the principal offices of the City or EastLake, Notice shall be effective on the date delivered in person or the date when the postal autborities indicate that the mailing was delivered to the address of the receiving party indicated below: The City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 - Ann: City Manager The EastLake Company LLC 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Ann: Mr. William Ostrem Such written notices may be sent in the same manner to such other persons and addresses as either party may from time to time designate by mail. 11.2 Joint and Several Liabilitv. lfeither party consists of more than one legal person, the obligations are joint and several. 11.3 No Partnershio or Joint Venture. Nothing herein shall be construed to create a partnership or joint venture between the City and EastLake with respect to the development of the Property or any part thereof, nor shaU the City or EastLalœ have any liability or obligation to any person whatsoever except as specifically set forth herein. 11.4 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person will have any right of action based upon any provision of this Agreement. . 11.5 Severability. If any material provision of this Agreement is held invalid, this Agreement will be automaticaUy terminated unless within fifteen (J 5) days after such provision is held invalid, the party holding fights under the invalidated provision affirms the balance of this Agreement in writing. 11.6 Recordation of A2reement: Amendments. All amendments or operating memoranda hereto must be in writing signed by the appropriate agents of the City and EastLake, in a form suitable for recording in the Office of the Recorder. County of San Diego. Within ten (10) days of the date of this Agreement, a copy will be recorded in the Official Records of San Diego County, California. Upon completion of performance of this Agreement or its earlier termination, a statement evidencing said completion or termination signed by the appropriate agents of EastLake and the City will be recorded in the OfficiaJ Records of San Diego County, California. 8 ~ ...1""" /, { ! t ---..---- " - - --- ~-_._._-~---_._-,,_..__.-._..._- .. 1!.7 AD1)!icable Law. This Agreement will be construed and enforced in accordance with the laws of the State ofCalifomia. 11.8 Assi"nment. EastLake may transfer its fights and obligations under this Agreement if such transfer or assignment is made as part of a transfer, assignment, sale or lease of all or a portion of the Property and the pur~haser intends to put the Property to a use of the same or a lesser extent and intensity as allowed by any Project approvals (including the Amended Project Approvals) and the City consents to said transfer. Said consent shall not be unreasonably withheld. 11.9 Tem of Al!1"eement. The tenn of this Agreement shall expire ten (J 0) years after thlt Effective Date. 11.10 Covenant of Good Faith and Fair Dealin.., Neither party shaH do anything which shall have the effect of harming or injuring the right of the other party to receive the benefits of this Agreement; each party shall refrain from doing anything which would render its performance under this Agreement impossible; and each party shall do everything which this Agreement contemplates that such party shall do in order to accomplish the objectives and purposes (If this Agreement. 11.11 Entire A"reement. This Agreement contains the entire agreement between the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into and superseded by this Agreement. 11.12 Counteruarts. This Agreement may be executed in any number of counterparts, all of which together shall constitute on instrument. [TIŒ NEXT PAGE IS mE SIGNATURE PAGE] 9 .,....., I ':-r : ;r SIGNATURE PAGE FOR VILLAGE CENTER NORTH IMPROVEMENT AGREEMENT IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. CHULA VISTA THE EASTLAKE COMPANY, LLC ç;j ATTEST ~l)i<J/'../'- ~ _ ~:;-J.II :- J:::5~~ (Attach Notary Acknowledgment) Susan Bigelow City Clerk Approved as to form by r ' ( " ,,- ".\', .>,r" J- I 'A ¡.¡ k;t;,i r ,¡ I J """ .{* Ann Qq'te '" City Attorney 10 ~Î .'."] -J ¡..-'/ -, /--- , _.. "._~___._,,__..___._._____.~____ ____n , CALIFORNIA AL....PURPOSE ACKNOWLEDGMENT [ [ State of Ca/ilornia } -Á D.u ss. I County of /1""- ëJV : On ~ + b, ).()J:J before me, DaI, personally appearlld Name(1¡ ~I) I. [tSÍÍrsonallY known to me o provlld to me on the basis of satisfactory evidence [. - II: to be the perso~whose namE't@)Is/~ I. subscribed to the within instrument and I, ~ _ _ _ _ _ _ _ _ _ _ _ _ acknowledglld to me that he/~h executed I . SILVANA C. BRAZELL the sa in his/he, el authorized I I' _ Commission .,339922 ~ capacit I s and that y hislh eir [ I , ~ (I Notary Public - California f Signatu~ the instrument the pers s r I',' 1 Sin Diego County f the ent;~;n behalf 01 which the pe (s) I, MyCorml, bpi,... Fe!> 12, 2006 acted, executed the instrument. ------------- . WITNESS my hand and official seal. I :~ -4¡~.m~ ' ~ sv-.,. of Notary Publ~ ~1 OPTIONAL Though the information below is not required by law. it may prove valuable to persons relyfng on the documenl and COUld prevent I' fraudulent removal and reattachment of this form to snoffler documenl. I, Description of Attached Document .[ : Tille or Type of Document: '['&;..IJi..-k.J.. tlc..¡J~ ArIJPIIa"~ ' I Document Date: Number of Pages: I Signer(s) Other Than Named Above: I " I, Capacity(ies) Claimed by Signer I Signer's Name: I " I 0 IndividuaJ Top of Ihumb here , [, 0 Corporate Officer-litle(s): ,I ,. 0 Partner - 0 limited 0 General , 0 Attorney-in-Factl o Trustee I I 0 Guardian or Conservator I 0 Other: I' i' Signer Is Representing: I -. -- -'. = ~ ,., o 1i99 NatIonal NoIaIyAaeodallon 09350 ~SotoAve..P.O. Box 2402' CMtsworth, CA9131~2402._.natlonllnotary.DI¡ Prod. No. 5907 Aeotøer:C.HT~1'H 1~7 /' . ' I . .. -~ - ;/1 EXHmIT "A" LEGAL DESCRIPTION PARCEL "A" THAT PORTION OF PARCEL 1 AND THE REMAINDER PARCEL OF PARCEL MAP NO. 16878, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER ON JUNE 22, 1992, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID REMAINDER PARCEL AND THE SOUTHERLY RIGHT-OF-WAY OF EASTLAIŒ PARKWAY AS DEPICTED ON SAID PARCEL MAP SOUTH 74°51 '02" WEST, 1.35. FEET (NORTH 74°50'09" EAST PER SAID PARCEL MAP) TO THE TRUE POINT OF BEGINNING; THENCE RETRACING ALONG SAID BOUNDARY AND RIGHT -OF- WAY NORTH 74°51 '02" EAST, 1.35 FEET TO SAID NORTHWEST CORNER OF PARCEL 1; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL 1 AND CONTINUING NORTHEASTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY NORTH 74°51'02" EAST, 13.41 FEET TO THE BEGINNING OF A 1200.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE ALONG THE NORTHEASTERLY BOUNDARY OF SAID PARCEL 1 AND THE SOUTHEASTERLY RIGHT-OF-WAY OF SAID EASTLAKE PARKWAY SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 67°14'17" A DISTANCE OF 1408.23 FEET; THENCE LEAVING SAID BOUNDARY AND RIGHT-OF-WAY NON-TANGENT TO SAID CURVE SOUTH 73°12'39" WEST, 604.43 FEET; THENCE SOUTH 35°28'16" WEST, 427.65 FEET; THENCE SOUTH 77°25'29" WEST, 233.65 FEET; THENCE NORTH 06°34'09" WEST, 172.13 FEET TO THE BEGINNING OF A NON-TANGET 4515.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS NORTH 80°54'28" EAST TO SAID POINT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°44'14" A DISTANCE OF 530.9I FEET; THENCE NORTH 15°49'46" WEST, 313.64 FEET TO THE TRUE POINT OF BEGINNING. ,~ ./ " ¡, PAGE 1 OF2 c' ,'¡" -~; - / :;) ,....-------.....--.-,---.--.-.-.-.- ,- ~. . 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N . !Z. ~~ ": .&~ ~ I..JS' -. ~ ~~ fJ I ~ ~ r ~~t ~........ r.J \01 DET~ ~ ::1- /1 " NO~ ',~.. .... "..... . . . - - ,._~- __._..~____ _n_. ~Q['J-"" -...........:. '~\. ~ ¡- ~ 'h-"-l..lYR:;! / 1fT)'?), v¿;;ç:J, ì_ .. }- ~ -----... \;:=!... 'f« ^' / N-t.JJT'S»ì If! c-..'<¢0., ~ t .<> ;r fè)JJJ. ~ ~ t ROLLING HILLS RA~ 0>,.~ ~ '\. II I '< KG' êJ lt1ëJíáJ~ ~ ~...:===: --- "VÀ ~ \ I I 0 </ , W//\ _./ ~ 'I ~ 0 Þfé BOSWELLCT_ ~ 1/ 0f 1\ ~ ~ EASTLAKE \ I--' ~ ___ BUSINESS-"""""':' SHORElìJ. __ I ~ 1 ~ I Ir =L- / --.::: - ~ ~+-.", J, - ) ì - I \ , "vi t EXISTING ~/~ ~ \ \ JeHUReH' ~ rn àiID ~u ~. :Q \ ,L---L-:::; jlllllllllll,IIIIIIII1i'ffiA..W \ :. ~ \ \ ¡,-, H /11111 µ:'-J;:; (f ,. - i::::1-4\\11111 h::j :=3 ~ ~-! = w :":':;Ii lllllll1 E' 0:: I Æ .¿ 111111 ti ~'\.\,\\\III fill '3s ~I \vrlJlllfJ ~ 11..1 VON'S ( ~~ ~~ tf"Ñ jl--.........."s fM1 ~ c:,'-lt:J~ ~~ ~ ~'~ ~~\~ ~~ ~71-¡, I~ PROJECT ~? I ~~~\ ( I/~ LOCATION t:: ~ t lID- 111I.f1~ -..., < ~ \-g1 I/§ 1--/ r::-¡) ".: Ir:::'::. -'?'í- :::; ~ ,/: ~ EASTlAKE I 1:---1=I r:::¡ . ~ ::g :\-«<2 ~ ',< .¡ \>- ~ HIGH SCHOOL M ,,1\ \I II' -<-rEi:' I / I~ ~W7~ ~ ~ :~~;LAKEGREEN~" 1~~Oo::;:/ ~ DJl'~ ~//~ ~ :;J. 3 ~y,~ "-«.¿ ,----- ~,~ I ):: /;; ~ dt,,:@i " CHULA VISTA PLANNING AND BUILDING DEPARTMENT L0C)CATOR Ä~~CI~'¡1-r. EASTLAKE DEVELOPMENT CO. VILLAGE CENTER NORTH PROJECT N rth t d N h C f IMPROVEMENT AGREEMENT o eas an art west orner 0 ADDRESS: Otay Lakes Road and Easttake Parkway SCALf: FILE NUMBER: NORTH No Scale PCM-03-03 EXHIBIT B C:\DAIFILE\locators\PCM0303.cdr 07/31/02 ("? /'7 l . .,' ~ , ¡..... -_._----_.__.._-~-~-------_.. -. THEMATIC CORRIDOR TRAIL SYSTEM \ (Adjacent to VC·1 and Eastlake Parkway) \ \ ~ \ \m '\l\ . '~ ~ _\ ~ ~ . \ ~ - , \ ~ 8' Community Trail -- Node --- - -, - -' ! Fenton Street ~ - - . . . .- .- ï------, I I L_____-1 I - .--- I' , , ! , I \ ' '\ ' ,: , , , I , Transit Station I ~ I 1 " i' , -~, ì VILLAGE CENTER \ \ I NORTH IMPROVEMENT AGREEMENT ¡ I ; I III. I EXHIBIT e....'J I :7- ¡q , ; ---.-..-"-........---..----.-.-..--. _..~_._._--_... - .--.,-----.--- . . DETAIL OF TRAIL NODE .n ~Ao~ :V? / r", .I ¥/,//f~". Þ"¿;;7 " .... ~ ¿:,w"'l!2:n~ .', /'/ CQz:r~\ (~~ ;J ,n .. ~ ' 3_-r Afa,/¡f , />-;'. .". ELEVATION OF TRAIL NODE /i'lv//i ¡rr.--'- c~ '", \ .I'" ~ . ,~ ./ e' tN,'dJ _ . __ ~ÞH~~:" . . --~ r~/ ,.j?' ~~- r..J."'r' 'J = f'.k~1" ' eA:5-:' t..Â VILLAGE CENTER NORTH IMPROVEMENT AGREEMENT PLAN VIEW OF TRAIL NODE EXHI BIT C-2 .~ é II ,.Þ) '" .".'~~v __m_ ._. O. ... ..---.-..---,-..---------...--....- ._..,'_.._----~---_.__.."---~ RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO AN AGREEMENT WITH THE EASTLAKE COMPANY LLC REGARDING EASTLAKE VILLAGE CENTER NORTH WHEREAS, the City entered into the Village Center North Improvement Agreement (re- stated in July, 2003); and WHEREAS, the Village Center North Improvement Agreement maintained and carried forward the 933 EDUs ofTDIF credit available to this parcel; and WHEREAS, the agreement states that the credit may be used for those projects contemplated with the project approvals in 2002; and WHEREAS, the southerly portion of the property has subsequently been developed as retail commercial consistent with the 2002 project approvals; and WHEREAS, Sudberry Properties is currently processing an application for a General Plan change for a portion of the northern 16 acres of the property to allow a departure from the currently approved employment center land use to a mix of employment and commercial uses; and WHEREAS, the EastLake Company, on behalf of the applicant, has requested that the City allow it to use the available TDIF EDU credits for the updated, proposed use; and WHEREAS, this amendment is consistent with City goals in both encouraging commercial development and streamlining the permitting process. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the first amendment to an agreement with the EastLake Company LLC regarding Eastlake Village Center North, copy which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by /.~ Jack Griffin Ak~ Moore Director of General Services City Attorney H:Attomey/FinaJ Reso/Eastlake Village Center North 7-20-04 '")' I ?, ,- ~ I .' (,- . ___..__m_'.___._.__~____..M THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL G- ~9 . ~ Ann Moore City Attorney Dated: First Amendment to an agreement With the Eastlake Company, LLC Regarding Eastlake Village Center North ''1 d- ~...~ ..-;' - <'".-+ ---_._-----_._.,-_._---_.~._~~~_.._---- T-k"" ~ q -Re:\! IS. e:-cl First Amendment to the Restated Village Center North Improvement Agreement between City of Chula Vista and Eastlake Company LLC This First Amendment to the Restated Village Center North Improvement Agreement ("Agreement"), dated , is made by and between The City of Chula Vista, a chartered Municipal Corporation ("City") and the The EastLake Company LLC, a California Limited Liability Corporation ("EastLake"), with reference to the following facts: Recitals Whereas, in 1992, the City entered into an agreement with Kaiser Foundation Hospitals regarding a medical center project proposed to be located in the Eastlake Village Center located within the western parcel. This agreement allowed EastLake to convert its available Transportation Development Impact Fee (TDIF) dollar credits into 933 equivalent dwelling units (ED Us) of credit in exchange for the City receiving one million dollars among other benefits. Those credits were assigned to the medical center project essentially pre- paying the fee for the western parcel; and, Whereas, when the Kaiser Hospital development proposal was abandoned in 2002, the City approved an amendment to the General Plan to permit a commercial project and employment center on the parcel. As part of the project approvals, the City entered into the Agreement that terminated the Kaiser Agreement which maintained and carried forward the 933 EDUs of TDIF credit available to the western parcel for projects contemplated by the project approvals of 2002; and, Whereas, the amended approvals contemplated at that time for the Western parcel included 38 commercial acres and 16 employment center acres; and, Whereas, Eastlake Company has submitted an application for a General Plan land use amendment to allow a mix of employment center and commercial uses on the 16-acre employment center on the Western parcel; and, Whereas, Eastlake Company has requested permission to utilize the EDU TDIF credit for this proposed land use; and, Whereas, City staff supports the use of the EDU TDIF credit for the proposed land use for the 16-acre parcel because it provides EastLake with consideration for the Agreement contemplated by the parties and encourages commercial development that is of general benefit to the City. Page 1 -----------.. ._.____._n NOW, THEREFORE, BE IT RESOLVED that the City and Eastlake Company do hereby mutually agree as follows: Section1 : Section 7.1 of the Agreement is hereby amended in its entirety to read as follows: 7.1 Western Parcel. The City acknowledges that pursuant to the Kaiser Agreement, EastLake has 933 equivalent dwelling units ("EDU") TDIF credits, which EastLake may use only for the purpose of reducing its obligations to pay TDIF on the Western Parcel. The City agrees that EastLake's TDIF obligations for the Western Parcel shall be no more than 933 EDUs (and Eastlake may apply said EDU's to said TO IF obliqation), regardless of the actual calculation of EDUs attributable to the Western Parcel" provided the Western Parcel is developed in accordance with the Amended Approvals: notwithstandinq the foreqoinq, any subsequent-Achange§ to the Western Parcel from the Amended Approvals may cause an increase in the TDIF obligations_ Any subsequent increase in TolF obliqatioQ2..1orJ.he Western Parcel mªy be satisfied by usinq surplus cash TDIF credit2..,said cash credits mqy.Re converted to EoU credit solely for the use of the Western Parcel at the TolF rate which is in place as the date of the adoption of this first Amendment EastLake shall not be allowed to utilize or transfer surplus EDU credits if the City's EDU calculation is less than 933 EDUs. EastLake is entitled to such credits only for the WesternJ)arcel. provided it is developed in accordance with the re-z0ning---thatoGGuHea--asa-resuJt·of--tfte-·-Amended Approvals and any subsequent amendments to uses approved by the City_ No EDU credits shall be allowed for any entitlement not consistent with the Amended Approvals or any subsequent amendments approvE;cLby the City,--uAA;¡ss-0!horwi£G approved in writing by the Gity-Manager Section 2: All other provisions of the Agreement remain in full force and effect [THE NEXT PAGE IS THE SIGNATURE PAGE] Page 2 Signature Page to First Amendment to the Restated Village Center North Improvement Agreement By and between City of Chula Vista and Eastlake Company LLC IN WITNESS WHEREOF, the parties hereto have caused this first amendment to be executed the day and year first hereinabove set forth_ Dated: ,200_ City of Chula Vista Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Eastlake Company LLC Bill Ostrem I oebi Roth-Klingner Page 3 --'-"-.'.--' --.---..---...--- .-.-,-.-..--.--,.-. COUNCIL AGENDA STATEMENT Item j ¿i Meeting Date 9/14/04 ITEM TITLE: Public Hearing to consider the adoption of an urgency ordinance modifying the existing Salt Creek Sewer Basin Development Impact Fee and amending Ordinance No. 2617 Urgency Ordinance 2974-B Amending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 SUBMITTED BY: Director of General Services/City Engineer ~ REVIEWED BY: ÇlL- N (4/Sths Vote: Yes...x.. No-.J City Manage:K.-I 9 \ On August 17,2004, Council approved Urgency Ordinance No. 2974-A, modifying the Salt Creek Sewer Basin Development Impact Fee (DIP) and amending Ordinance No. 2617. This proposed Urgency Ordinance will enable the City to continue to collect the new fee during the 60-day waiting period before the regular ordinance becomes effective. The public hearing has been duly noticed. RECOMMENDATION: That Council conduct the public hearing and approve the urgency ordinance amending Ordinance No. 2617 BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Salt Creek Sewer Basin Development Impact Fee Update Ordinance 2974 was introduced on August 17,2004 and approved on August 24, 2004. It will become effective October 23,2004,60 days after its approval. Urgency Ordinance 2974-A, which was also adopted on August 17, 2004, expires September 16, 2004, 30 days after its adoption. Tonight's ordinance, if approved, will extend the new fee for an additional 30 days, until October 14, 2004. A second extension of the urgency ordinance will be brought to Council on October 12 to continue the new fee until the regular Ordinance becomes effective. The new DIP fee, approved in the Regular Ordinance, by Council on August 24, 2004 is $1,330 per equivalent dwelling unit (EDU) and is the same fee adopted in the urgency ordinance. The new DIP fee is fully explained in the August 17, 2004 agenda statement (Attachment I). Findings Staff recommends that the amended Salt Creek Sewer Basin DIP go into effect immediately by adopting the Urgency Ordinance. This is necessary due to the current and immediate threat to public health, which will result, should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. This could result in the overloading of adjacent sewer systems, which jf}-I ----_..._~- ___..__.__'.___M Page 2, Item 10 Meeting Date 9/14/04 could compromise the City's ability to serve the increasing population in the Eastern Territories. The prospect of a deficit, overloading of adjacent sewer systems and concerns about an increased charge to remaining property owners constitutes a current and immediate threat to the public health, welfare and safety justifying the immediate implementation of this fee. Furthermore, immediate implementation of the DIF fee increase is necessary due to the pace in development within the benefit area. A delay in its implementation creates an increased burden on future development that will be left to bear the financing cost ifnot placed immediately on benefited properties. Environmental Review The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section l5060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review has been completed for the Salt Creek Gravity Sewer Interceptor and will be required for the Wolf Canyon Trunk Sewer prior to the approval of final design plans and the awarding of the construction contract. FISCAL IMP ACT: The Salt Creek Sewer Basin Development Impact Fee, as for all of the City's Development Impact Fees, maintains separate funds from the general fund. There is no impact to the general fund from the update except the latent cost of additional maintenance for the new sewer facilities. Attachment I. Council Agenda Statement for August 17, 2004 File: 0730-95 SW219 J:lengineerlaGENDAISalt Creek DIF Urgency Ord B.doc 08/18/2004; 4: 15 PM /0-;)- H HaC)' rJ 1- COUNCIL AGENDA STATEMENT Item /2- Meeting Date 8/17/04 ITEM TITLE: Public Hearing to consider the modification of the Salt Creek Sewer Basin Development Impact Fee Resolution .1Ot"f- .1.1'Accepting the Engineer's Report updating the Salt Creek Sewer Basin Development Impact Fee Ordinance J.' 7 if Amending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 Urgency Ordinance Z' 7.,. ,4Amending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits and amending Ordinance No. 2617 SUBMITTED BY: Director of General Services / City Engineer -sk REVIEWED BY: City Manager ~~ í)~ (4/Sth. Vote: Yes..x... No...) The Salt Creek Sewer Basin DIF was established in December 1994 to facilitate construction of the Salt Creek Trunk Sewer to serve properties within the benefit area. Since that time, costs associated with the Salt Creek Trunk Sewer project have continued to increase and the project has broadened in scope as additional needed sewer facilities have been identified to serve the benefit area. In order to ensure that sufficient funding will be available to complete the project and repay the Trunk Sewer Capital Reserve Fund, staff recommends increasing the Salt Creek Sewer Basin DIF from $284 to $1,330 per EDU. RECOMMENDATION: That Council 1. Conduct the public hearing. 2. Adopt the Resolution accepting the Staff Update for the Salt Creek DIF 3. Adopt the Ordinance amending the fee and amending Ordinance No. 2617 (first reading) 4, Adopt the Urgency Ordinance amending Ordinance No. 2617. BOARDS/COMMISSION RECOMMENDATION: N/A DISCUSSION: Back!!round In early 1994, the City retained Wilson Engineering to prepare a study and basin plan with the primary goals of (1) identifying the sewer facilities that would be needed to support development within the Salt Creek Basin ("the benefit area"), and (2) detennining a funding mechanism to pay ~ ¡ l/',/ fi"" ':) f ....... '_,-," --...-. _..____._,_.___._ _._n._."__ --,....._,-- ------.- .._-----~~--_._._._._---_._-- Page 2, Item 12- Meeting Date 8/17/04 for those facilities. The study identified an alignment that would require more than 13.5 miles of sewer line to serve the benefit area, including the area now known as the Wolf Canyon Basin. The Salt Creek Trunk Sewer generally begins just west of the Upper Otay Reservoir, and ultimately ties into the City of San Diego's Metro Sewer line just west of Interstate 5 near Main Street. The trunk line is divided into nine (9) sections or "reaches" which are points of slope change or connections with other major tributary sewer lines (Attachment A). Establishment of the fee: In order to fund the project, the study evaluated three altematives for establishing a development impact fee (DIF). Council ultimately adopted Ordinance 2617, establishing the Salt Creek Sewer Basin DIF at $284 per EDU to finance the construction of Reaches I through 8 of the Salt Creek Sewer. Of the total estimated $18.1 million project cost, $8.2 million (the cost of reaches 1 through 8) was used to detennine the DIF and was spread among 28,737 benefited EDUs. Reach 9, which would be conveying flows from other basins in addition to and west of the Salt Creek Basin, was deemed at that time to be a regional faciJity and therefore a City obligation. Current Proiect Status Since 1994, all reaches of the Salt Creek Trunk Sewer within the DIF-eligible area have been constructed. Reaches I, 2A, 2B, 4B and 5A were constructed by Developers and the City, and Reaches 3, 4A, 5B, 6, 7, 8A, 8B, 9A and 9B were recently constructed by the City. Based on a recent analysis perfonned as part of the Engineer's Report (Exhibit A), the overall cost of the Salt Creek Trunk Sewer project has increased from $18.1 million to $32 million (of this amount $20.4 Million is DIF obligation) Attachment B). The primary reasons for the increase are: · Changes in planned land-use intensities. 0 Necessitated upsizing of several segments. (+$0.5 million) · Environmental and right-of-way constraints. 0 Necessitated the instaIlation of a Supervisory Control and Data Acquisition (SCADA) System (+$0.5 million) 0 Necessitated installation of a dual pipe system to provide redundancy in the system and allow the pipes to remain buried in a section of the pipeline that passes through the Multiple Species Conservation Plan (MSCP) area (+$1.0 million) 0 Necessitated establishment of the Preserve Management Endowment Fund (PMEF) (+$1.0 million) · Increased depth of the sewer trunk line and the replacement of AC pavement. 0 Utility infonnation (not available in 1994 when the original Wilson Study was prepared) specified that the sewer line be installed at depths greater than those originally conceived for some locations. (+$2.0 million) · /2.,/1- J)~tl , Page 3, Item /2- Meeting Date 8/17/04 · Increased level of Consultant and Staff Resources required to complete the proj eel. ($3.1 million) · The Construction Cost Index increased by 29% between 1994 and today 0 Accounting for this inflation factor alone, the DIF should have increased from $284 to $366 per EDU (+$2.7 million), · Intensity of development activity. 0 Resulted in more aggressive project schedules and expensive installation strategies that ultimately affected the cost of the project. This is also the major reason for the Micro-Tunneling under Interstate 5 (total $2.8 million) · Acquisition of a special maintenance vehicle: 0 The City will p\U'chase a sewer maintenance vehicle capable maintaining the sewer main in its off-road location while being sensitive to surrounding environment of Salt Creek and the Otay Valley. (+$0.3 million). Additional DIF-elil!ible Facilities Reach 9A: When the Salt Creek DIF was established in 1994, Reach 9 was expected to be a regional facility, serving a number of other areas (Le., Main Street and Poggi Canyon Basins) in addition to the Salt Creek Basin. To expedite the construction of this section, Reach 9 was further divided into 3 sub-reaches (9A, 9B and 9B'). During this process, it was determined that Reach 9A, which begins just west of Heritage Road and ends just west of Interstate 805, actually serves only the Salt Creek Basin, and therefore is not a regional facility. The cost of this section, currently estimated at $6.1 million, has now been reclassified as a DIF-eligible expense. The Wolf Canvon Trunk Sewers: The original 1994 study did not identify the need for a major trunk sewer to serve the Wolf Canyon Basin, however, properties within the Wolf Canyon Basin were considered to be part of the benefit area. It was assumed that these properties would connect to the Salt Creek Sewer via laterals. More recent analyses by the City and various landowners, however, show that two additional trunk sewer lines will be needed to serve these properties: a sewer line to be located within the future Rock Mountain Road between Heritage and La Media, and the other sewer line to be located in Heritage Road between Olympic Parkway and Main Street. These two lines will ultimately connect to the Salt Creek Trunk Sewer. Since the Wolf Canyon Basin is tributary to the Salt Creek Basin, and was originally included within the benefit area, this update includes the two new required facilities as Salt Creek Sewer DIF-eligible facilities. In this way, costs associated with the two additional lines will be spread among all the properties within the total benefit area. It is currently estimated that the cost of these two Wolf Canyon facilities will be approximately $5.7 million (Attachment C). ~ /;...6 --.-. .,_._.,~., ,....-- --- -.._- ----.-.-... ....__.____ ."m.___ ____________~__.____..__._____._..___....____.____ Page 4, Item I~ Meeting Date 8/17/04 Futllre University Site The future university site was included in the benefit area in 1994. This update will maintain the University Site and its associated units within the benefit area. It is possible that a future public university will be exempted from the payment of the subject DIF. In such a case, the City Council has the option of either updating the DIF program to re-distribute the cost amongst remaining properties or paying the University obligation using the City's available funds. The total EDUs planned for the university site is 5,973; therefore, based on the proposed fee of $1,330, the future university site obligation is $7,944,090. However, the General Plan Update, which is currently underway, contemplates a possible reconfiguration of the University land use along with mixed-use residential/commercial opportunities and possible residential uses for student and/or faculty housing, which could result in more revenue to the DIF. Fee Determination When the Salt Creek DIF was established in 1994, the fee was spread across 28,737 EDUs within the benefit area. .¡:lased on the detailed analysis presented in the Engineers Report, the remaining number of benefited EDUs in the basin is 25,668. This report recommends that the total construction cost of Reaches 1 through 9A of the Salt Creek Gravity Sewer Interceptor and the total estimated cost for the construction of the Wolf Canyon Trunk Sewers be distributed amongst the benefited properties within the Salt Creek Basin and the Wolf Canyon Basin. This methodology is consistent with the 1994 Wilson Study and is the most equitable since all properties essentially receive the same service, Based on the analysis performed in this report, Staff recommends that Ordinance No. 2617 be amended as follows: a. To add the Rock Mountain Road and Heritage Road Trunk Sewer lines (Wolf Canyon Sewer Facilities) and Reach 9A as faciJities financed by the Salt Creek Sewer Basin DIF. b. To adjust the DIF by amending Chapter XVI, Section C, of the Master Fee Schedule to set the new fee at a rate of$I,330 per EDU. Therefore, based on these revised costs, and the updated number of remaining benefited properties in the benefit area, the Salt Creek DIF needs to be increased from $284fEDU to $1,330fEDU (Attachment D). Coordination with the Development Communitv City staff has been working with the development community for years on all issues related to the construction and financing of the Salt Creek Sewer. In April a briefing meeting was held with developers, and in June 2004, the Draft Engineer's Report was sent to all the developers with a vested interest for their input. Subsequently, staff met with the developers to discuss the proposed DIF update. Based on their input, the Engineer's Report was revised (specifically, the /0- /0- & Page 5, Item It¿ Meeting Date 8/17/04 financial analysis was revised to reflect a more realistic absorption rate). So, the final version of the report, to large extent, reflects the outcome of those discussions. UfI!enCV Ordinance In addition to approving the Ordinance, Council is also being asked to approve a proposed Urgency Ordinance which will allow the City to collect the fee during the 60-day waiting period before the regular Ordinance becomes effective. The public hearing has been duly noticed (strikeout underlined revisions of both Ordinances are attached for reference). The Urgency Ordinance would go into effect immediately and will enable the City to collect the fee during the 60-day waiting period for the regular Ordinance to become effective. This Ordinance is only valid for 30 days, and therefore, it will be necessary to notice and hold subsequent hearings in order to extend the Urgency Ordinance in 30-day increments until the permanent Ordinance becomes effective. Due to the pace in development within the benefit area, staff is recommending that the fee increase becomes effective immediately. A delay in implementation creates an increased burden on future development that will be left to bear the financing cost if not placed immediately on benefited properties. Furthermore, immediate implementation of the DIF update is necessary due to the current and immediate threat to public health, which will result, should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. This could result in the overloading of adjacent sewer systems, which could compromise the City's ability to serve the increasing population in the Eastern Territories. The prospect of a deficit, overloading of adjacent sewer systems and concerns about an increased charge to remaining property owners constitutes a current and immediate threat to the public health, welfare and safety justifying the immediate implementation of this fee. Environmental Imoact The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review has been completed for the Salt Creek Gravity Sewer Interceptor and will be required for the Wolf Canyon Trunk Sewer prior to the approval of final design plans and the awarding of the construction contract. FISCAL IMPACT: The Salt Creek Trunk Sewer Project (SW-219) was funded primarily with loans from the Trunk Sewer Capital Reserve Fund and the funds collected in the Salt Creek Sewer Basin Benefit Area Fee Fund. The Wolf Canyon Trunk Sewers will also be funded with loans. The proposed increase in the Salt Creek DIF is being set to repay the loans over a 15.5- year period. This will facilitate the repayment of approximately $34. I million ($19.4 million in 1y4 /IJ'1 .-.,.-.-.. .._-'---' --- -----.--.--.---..-.-. --'-"'-~"-~--"--'------""-- - --+-. - ~-~-~--'-~'---- -."-- ---------.--- Page 6, Item IrÞ Meeting Date 8/17/04 remaining loans for Salt Creek, $5.7 million in future loans for Wolf Canyon and $9 million in interest) to the Trunk Sewer Capital Reserve Fund and other sources (see Attachment D). Attachments: Ordinance Amending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building pennits and amending Ordinance No. 2611 (strikeout underline version) Urgency Ordinance Amending the Salt Creek Sewer Basin Development Impact Fee to pay for Sewer Improvements within the Salt Creek Sewer Basin as a condition of issuance of building pennits and amending Ordinance No. 2617 (strikeout underline version) Attachment A: Location of the Salt Creek Gravity Sewer Interceptor and Wolf Canyon Trunk Sewer Attachment B List of Salt Creek Gravity Sewer Interceptor Reaches and their Costs Attachment C: Cost Estimate for the Wolf Canyon Trunk Sewer Attachment D: Calculation of the new DIF (Table 4.4) Exhibit A: Update to the Salt Creek Gravity Sewer DIF, August 2004 ("The Engineer's Report") Last printed 8/612004 10:46:25 AM J:\Engineer\AGENDA \Sa1t-Cn:ek-DIF~Update-A 113-ac·cb-mji.doc I¥ /0- g' /' 0::: 0::: A1TACHMENT A Wo::: Wo:::oð~ à zo::: W :ï; ::.:~o~ ::.:~oo::::; >-w J: W ~~ >- c ~ ~ WCI)5::; WCI)b::~:J ~z ~ Z ~w 0::: ........ 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C:::O 0...--1 g~ <C - ~~ t- (IJ - m - W J: '" <i. >< Z*0 U CI) - 0 W I- ~ I- 0 Z ¡yo /0-9 ATTACHMENT 13 Salt Creek Gravity Sewer Interceptor Reaches and Cost Summary Reaches Costs McMillin (pacific Bay Homes) Reach ] $173,613 EastLake Company Reach 2 a $112,199 EastLake Company Reach 2 b $267,660 $553,472 SUBTOTAL SW-219, Phase 4 Reach 3 $1,526,107 SW-219, Phase 4 Reach 4 a $2,921,271 $4,447,379 SUBTOTAL 2000 - Constrncted wi SDG&E Reach 4 b $390,422 2001 - Constructed wi SDG&E Reach 5 a $287,278 $677,700 SUBTOTAL SW-219, Phase 3 Reach 5 b $1,295,895 SW-219, Phase 3 Reach 6 $973,024 SW-219, Phase 3 Reach 7 $3,222,772 SW-219, Phase 3 Reach 8 a $1,218,959 SW-219, Phase 3 Reach 8 b $1,895,193 $14,284,394 SUBTOTAL SW-219, Phase 3 Reach 9 a $6,115,322 SW-219, Phase 1 Reach 9 b $7,657,988 REACH 9 SW-219, Phase 2 Reach 9 b' $3,936,373 $17,709,683 SUBTOTAL TOTAL COST OF ALL SALT CREEK FACILITIES $31,994,076 Original Cost Estimate (1994) $18,067,867 Cost of Salt Creek Trunk Sewer (2004) $31,994,076 DIP Portion of Salt Creek (including Reaches 1 thru 9A) $20,399,716 (14,284,394 + 6,115,322) Cost of Rock Mountain Road Sewer $4,460,000 (WOLF CANYON) Cost of Heritage Road Sewer $1.256.000 $5,716,000 SUBTOTAL Subtotal Cost of DIF Facilities $26,115,716 Total Cost of all Facilities: $37,710,076 (J\\\\Salt Creek DIF\Final S.C, & W,C. Exhibits & Cals.xls: EXHIBIT C) (08lU212004) I' I I~I ,Ó- 0 -.----...-.-- '. - '.n' -- . ___..._____.___._._ '--------.----______~...m__..._.___ ..---- n_.'.'._. f'TT ACHMEN'1" c.. Construction Estimate for ROCK MOUNTAIN ROAD AND HERITAGE ROAD TRUNK SEWER LINES (Wolf Canyon Trunk Sewer Facilities) HeritaCle Trunk Sewer !œ!! Qtv Unit Unit Price Amount A-1 12" PVC Sewer 1,500 LF $ 110.00 $ 165,000.00 ,2 10" PVC Sewer 3,100 LF $ 90.00 $ 279,000.00 -3 Manholes 16 EA $ 15,000.00 $ 240,000.00 -4 Overexcavation 1000 CY $ 20.00 $ 20,000.00 A-5 Salt Creek Connection 1 LS $ 75,000.00 $ 75,000.00 A-6 Mob/DeMob/lnsurancelBonds 1 LS $ 75,000.00 $ 75.000.00 A-7 As Built Plans 1 LS $ 10,000,00 $ 10.000.00 A-8 Monitoring & Cleanup 1 LS $ 10,000.00 $ 10,000.00 Subtotal $ 874,000.00 25% Conlin en $ 218,500.00 Construction Total $ 1.092,500.00 Soft Costs (15%) $ 163,500.00 Total $ 1,256,000.00 Rock Mountain Trunk Sewer Item Qtv Unit Unit Price Amount B-1 15" PVC Sewer 7,400 LF $ 145.00 $ 1,073,000.00 B-2 Sewer share for pioneering road grading 1 LS $ 212,000.00 $ 212,000.00 B-3 Manholes 25 EA $ 15,000.00 $ 375,000.00 B-4 Access Road 2,000 LF $ 35.00 $ 70,000.00 B-5 Salt Creek Connection 1 LS $ 75,000,00 $ 75,000.00 B-6 Mob/DeMob/1 nsurancelBonds 0.75 LS $ 200,000.00 $ 150,000.00 B-7 As Built Plans 0,7 LS $ 10,000.00 $ 7,000.00 B-8 Monitoring & Cleanup 0.7 LS $ 10,000.00 $ 7,000.00 B-9 Construction Fencing 20,000 LF $ 0.10 $ 2,000,00 Subtotal $ 1,971,000.00 25% Contingenc $ 492,000.00 Construction Total $ 2,463,000.00 Soft Costs $ 1,997,000,00 Total $ 4,460,000.00 Road Costs C-1 Earthwork 1 775,000 CY $ 1.25 $ 968,750.00 C-2 Export' 425,000 CY $ 1.50 $ 637,500.00 C-3 Arch Culvert Crossing' 600 LF $ 5,000.00 $ , - C-4 Overexcavation of unsuitable fill 5,000 CY $ 20.00 $ 100,000.00 C-5 Subdrains 3,600 LF $ 18.00 $ 64.800,00 C-6 Drainage facilities 1 LS $ 375,000.00 $ 375,000.00 C,7 Environmental Mitigation 1 LS $ 500,000.00 $ 500,000.00 $ 2.646,050.00 B-2 Sewer share for pioneering road (8% of road costs) $ 211,684.00 1. Represents earthwork quantity to grade road from east side of Wolf Canyon to La Media. Quantity does not include the fill needed within the canyon for the future road crossing. 2. Cost of arch culWJrts not included. Tl1ey will be future roadway costs and will not be needed for sewer construction. /~z. /c- / / 11=1n..1 ~ ('"' R. \N r. F=...hinito: ~ "".::.Ie:: vie::' R"rlr ~o<>r-ibn"" tn I :::0 AA...rli::. TJ-,L'th\ fn.d..J?nI?004 ) _ .... ..___..... u.__~_....___ _____m _ __ _ ___~__ _._._____.. ...--------- ATTACHMENT ':D CALCULATION OF THE SEWER DIF FOR THE SALT CREEK & WOLF CANYON SEWER BASINS (ROCK MOUNTAIN ROAD AND HERITAGE ROAD) INCLUDES REACH 9A RIMAINING EDU. IN THE BASIN SALT CREEK SEWER BASIN ESTIMATED TOTAL EDU. IN nIB SALT CREEK SEWER BASIN wmm.r BENEHI' AREA 2 692 24.692 EXISTING EDUI IN 1HE SALT CRP.EX SEWER. BASIN AS OF 6f3(Y04 5,SOl REMAINING EDUI nol1HE SALT CREEK. SEWER BASIN I ~191 WOLF CANYON SEWERSUB-BA81N I ES'IJMA,TPD TarAL EDUa IN TIŒ WOLF CANYON SEWEB.øASJNM I 6,.71 1 6,471 BuDd on a-:ølPIIn b' woj£<A¡ym Total Bain TOTAL NUMBER OF EDUS I USE 1 EDIJ'. ES'DMATED TOTAL EDUiI not mE SALT CREEK. & WOLF CANYON SRWER. BASINS I ...... I ...... 31,169 PROJECT COST (P...... """"'""'" by Cby) SALT CREEK GRAVITY SEWER INTERCEPTOR PROJECT COST :REACH 3 .REACH 4 REACH 5B REACH . REACH 1 REACH IA REACH IB T REACH 9A TOfAL IU 107 921 271 51 zgS m r S973 Ð24 I S3 222. m 1121 !N9 SI 19' 193 11 322 $1'.1613&< ROCK MTN. RD. '" HERITAGE RD. TRUNK SEWER ESl'lMATED FUTURE PROJECT COST I ESTIMATED COST OF ROCK MTN. RD. TR.t.1NK SEWER. (t1.ØUleltOW': ' nJT1IU' S 4~ooo.OO s 3-000.001 11 001 0Gt ESTIMAlED COST OFHElUTAGERQAD TRUNK.EWER (DEVnOPI:R.CRJDII) I ~256,OOQOO ES11MA'IPD TOT AI. CONSTRUCTION COST fWOI..P CANYON S S s '7iìC 000.00 FUruRE I NOW ITOTAL CITY FUNDED PROJRCfS $23,.62I,5....T S21I.l61,!44t OTIfER DIF OBLIGATIONS -"""""""'by""""') ; SALT CREEK GRAVITY SEWER INTERCEPTOR AGENCY REAC AMOUNT LOAN FROM THE TRtJ'Nl( SEWER FUND 4B S390 '22 WAN FROM nœ TRUNK SEWER. FUND 'A $217,271 , OTIŒR DIF OBLIGATIONS S611100 , $G17.700 ' ITOTAL cm FUNDED PROJECTS (T""'_" be F-.I). ""*,,,,1 S20.I46.244' AVAILABLE REVENUE ¡ , SALT CREEK GRAVITY SEWER BASIN DlF (FUND SSJ) -c- 'l , , DIJPJ'Z!'.SPA!DI su.,..". I + $1421.947-" ~1 - ---:n71~'41." owm TO TRIOOi: SEWERACCOUNT , SI,805,698 nNANCING cœrs , SALT CREEK AND WOLF CANYON TRUNK SEWER PROJECT nNANCING COST Ø.161,544 + 5677.700 . 52,771,00 + SI.aøs.69I - SI9,88O,900 . i..'¡i~';';'..c__ IN\'EU8T ON 119"'"oe .a<% FOR .. YEARS ~~:'-~'~'--'--'- "'-'--'---'~- OOJSTANDING CREDITS -~by"""") SALT CREEK GRAVITY SEWER INTERCEPTOR DEVELOPER REACH CRJDIT McMILLIN (pAcmC BAY HOMES) I $173,613 EASTI.AXJ: COMPANY 2A Sll 199 ¡ - 'St~:i6i544¡ EAðI1.AJŒ COMPANY >B $:z67 660 1),256,000 , $617.1001 TOTAL OF OUl'STANDING CRJ:DITS W3m I SS53 472 ¡ I.1amJ TOTAL FlINDm BY DEVELOPERCRmtTS 51,1"..71 I T""'DIF I CALCULATION OF THE DIF .. Liobili1r.i u.~·:?!~J lIJT1JU OTHERDIJ' A VAILABIJI: O1J'Œ1'ANDING PRO.IECT + REVENIJJ: + CREDITS l'ŒW DIP - COSTS OBLIGATIONS . REMAINING mu. IN THE 801H BASINS $13,611.544 + S677.'" a, 77l,W + ;:-~~~i__ + S1,IIs,øI + $1,109,471 _ ,i~" l'IEW DIJ' - ...... l~pJt ~ . .$l"~~'1 J:~\SALTÇItEEKDlI"I'irIIS.C.&W.C.EINIIII&c.IuII;~T""''':zÞ) -, I¥, /¿)"-/é)- I :;; ..---..--- _n__ ._, ". ___" _ ...._'.'_, .... _._._____.,_. ____ _..._...__._m_.'_ ~_...'.__m_ .___......_.~___,._.._..__._.______~____...__.__._....__ Ordinance No. Page 1 ORDINANCE NO. 2974-8 AN URGENCY ORDINANCE OF THE CITY OF CHULA VISTA, CALIFORNIA AMENDING THE SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE TO PAY FOR SEWER IMPROVEMENTS WITHIN THE SALT CREEK SEWER BASIN AS A CONDITION OF ISSUANCE OF BUILDING PERMITS AND AMENDING ORDINANCE NO. 2617 \ \. WHEREAS, developers ofland within the City should be required to mitigate the burden created by development through the construction or improvement of sewer facilities within the boundaries of the development and either the construction or improvement of sewer facilities outside the boundaries of the development which are needed to provide service to the development in accordance with City standards or the payment of a fee to finance a development's portion of the total cost of the public facilities; and, WHEREAS, all development within the City contributes to the cumulative burden on various sewer facilities in direct relationship to the amount of population generated by the development or the gross acreage of the commercial or industrial land in the development; and, WHEREAS, the Salt Creek Sewer Basin (Gravity Basin) is that area of land within the City of Chula Vista and the County of San Diego from which wastewater will flow by gravity from Salt Creek into the Otay River Valley (which also includes the portion land referred to as the "Wolf Canyon Basin"). The Otay Lake Basins are those areas of land within the County of San Diego from which wastewater will flow by gravity into the Lower and Upper Otay Lake Reservoirs, a portion of which will be pumped into the Gravity Basin. These areas are shown on the map attached hereto as Exhibit "A", Salt Creek Sewer Study Map; and, WHEREAS, on December 6, 1994, the City Council of the City of Chula Vista adopted Ordinance No. 2617 establishing a Development Impact Fee to pay for sewer improvements within the Salt Creek Sewer Basin as a condition of issuance of building permits; and WHEREAS, City Staff has prepared the Update to the Salt Creek Sewer Basin Plan ("Report") dated August 2004; and, WHEREAS, the Report has determined that new development within Upper and Lower Otay Lake and Salt Creek Basins, including the Wolf Canyon Basin will create adverse impacts on the City's existing sewer facilities-to wit, that there are no existing sewers which can serve gravity sewage flows expected to be generated from new development within these Basins-which must be mitigated by the financing and construction of certain sewer facilities identified in this ordinance; and, WHEREAS, said Report includes an estimate of ultimate sewer flows anticipated from the Otay Lake and Salt Creek Basins, recommends sewer facilities needed to transport these flows, including additional facilities known as Rock Mountain Road Trunk Sewer and Heritage /0.../3 , ".... ...~--.---------- -- -~--_._-_.------,,-- -----~~-- "..._.---~-_._.._---~. Ordinance No. Page 2 Road Trunk Sewer and establishes a fee payable by persons obtaining building permits for developments within these basins benefiting fÌom the construction ofthese facilities; and, WHEREAS, in April and July 2004 public meetings were held with the owners and developers of properties located within the Gravity Basin to discuss the Report and city staff recommendations for revising the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the updated development impact fee should go into effect immediately in order that all developers pay their fair share of the cost of the sewer improvements relating to the impacts caused by their development; and, WHEREAS, immediate implementation of the DIF update is necessary due to the current and immediate threat to public safety, which will result should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Although environmental review is not necessary at this time, environmental review has been completed for the Salt Creek Gravity Sewer Interceptor and will be required for the Wolf Canyon Trunk Sewers prior to the approval of final design plans and the awarding of the construction contract; and, WHEREAS, on August 17, 2004 a Public Hearing was held before the City Council to provide an opportunity for interested persons to be heard on the approval of the Report and revising of the Salt Creek Sewer Basin Development Impact Fee; and, WHEREAS, the City Council determined, based upon the evidence presented at the Public Hearing, including, but not limited to, the Report and other information received by the City Council in the course of its business, that imposition of the sewer facilities development impact fee on all developments within the Salt Creek, Wolf Canyon and Otay Lake Basins in the City of Chula Vista for which building permits have not yet been issued is necessary in order to protect the public safety and welfare and to ensure effective implementation ofthe City's General Plan; and, WHEREAS, the City Council has determined that the amount of the fee levied by this ordinance does not exceed the estimated cost of providing the public 'facilities: and, WHEREAS, the First Urgency Ordinance, 2974-A, revising of the Salt Creek Sewer Basin Development Impact Fee, was adopted on August 17, 2004 at said Public Hearing by the City Council and will expire on September 16, 2004. ,/ .,.~ -- ,/;¡ .. :..,. I' Ordinance No. Page 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS FOLLOWS: SECTION 1. Environmental Review. That the activity will have no significant environmental impacts, and therefore is not subject to the CEQA although environmental review will be required for the Wolf Canyon Trunk Sewers. SECTION 2. Finding of Urgency. That the City Council of the City of Chula Vista finds that it is necessary that its Salt Creek Development Impact Fee (DIF) be amended and go into effect immediately in order that all developers pay their fair share of the cost of the sewer relating to the impacts caused by their development. Immediate implementation of the DIF update is necessary due to the current and immediate threat to public safety, which will result, should there be a deficit in the budget to finance the Wolf Canyon Trunk Sewers in a timely manner. This could result in the overloading of adjacent sewer systems, which could compromise the City's ability to serve the increasing population in the Eastern Territories. The prospect of a deficit, overloading of adjacent sewer systems and concerns about an increased charge to remaining property owners constitutes a current and immediate thereat to the public health, welfare and safety justifying an immediate implementation of this fee. SECTION 3. Approval of Report. The City Council has independently reviewed the proposed Report herewith presented, finds that it is fair, reasonable and equitable to all parties, and herewith adopts same in the form on file with the City Clerk, known as the Update to the Salt Creek Sewer Basin Plan, dated August 2004, a copy of which is on file in the office of the City Clerk and the City Engineer. SECTION 4. "Facilities" . The facilities which are the subject matter of the fee herein established are fully described in the Report at pagel3, Table 2.4 thereof, and the locations at which they will be constructed are shown on Exhibit "A", Salt Creek Basin Sewer Study Map, which is included in the Report, all of which facilities may be modified by the City Council from time to time by resolution ("Facilities"). The City Council may modify or amend the list of projects herein considered to be part of the Facilities by written resolution in order to maintain compliance with the City's Capital Improvement Program I ! /'" iO~ i.:::? /,. . c······__ .___.__~._..__________.________________~..~.__'"__ Ordinance No. Page 4 or to reflect changes in land development and estimated and actual wastewater flow. SECTION 5. Territory to Which Fee Is Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth on Exhibit "A", and is generally described as the Salt Creek Sewer Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, Wolf Canyon Basin and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin, SECTION 6. Purpose. The purpose of this ordinance is to provide the necessary financing to cover the costs associated with and to construct the necessary facilities within the areas shown in Exhibit "A". SECTION 7. Establishment of Fee. A Development Impact Fee ("Fee"), to be expressed on a per Equivalent Dwelling Unit ("EDU") basis, and payable prior to the issuance of a building permit for a development project within the Territory, is hereby established. SECTION 8. Due on Issuance of Building Permit. The Fee shall be paid in cash upon the issuance of a building permit. Early payment is not permitted. SECTION 9. Determination of Equivalent Dwelling Units. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Exhibit "B", EDU Conversion Factors For Financial Analysis, and is included as Table 5.1 in the Report. SECTION 10. Time to Determine Amount Due; Advance Payment Prohibited. The Fee for each development shall be calculated at the time of building permit issuance and shall be the amount as indicated at that time and not when the tentative map or final map was granted or applied for, or when the building permit plan check was conducted, or when application was made for the building permit. , .~ :' ¡,,)..,.., ..:.~ / '. Ordinance No. Page 5 SECTION II. Purpose and Use of Fee. The purpose of the Fee is to pay for the planning, design, construction and/or financing (including the cost of interest and other financing costs as appropriate) of the Facilities and purchase of a maintenance vehicle, or reimbursement to the City or, at the discretion of the City if approved in advance in writing, other third parties for advancing costs actually incurred for planning, designing, constructing, or financing the Facilities. Any use of the Fee shall receive the advance consent of the City Council and be used in a manner consistent with the purpose of the Fee. SECTION 12. Amount of Fee; Amendment to the Master Fee Schedule. The Fee shall be calculated at the rate of $1,330 per EDU. Chapter XVI, Other Fees, of the Master Fee Schedule is hereby amended to add Section C, which shall read as follows: "C. Salt Creek Sewer Basin Development Impact Fee. This section is intended to memorialize the key provisions of Ordinance No._, but said Ordinance governs over the provisions of the Master Fee Schedule. For example, in the event of a conflict in interpretation between the Master Fee Schedule and the Ordinance, or in the event that there are additional rules applicable to the imposition of the Fee, the language ofthe Ordinance governs. a. Territory to which Fee Applicable. The area of the City of Chula Vista to which the Fee herein established shall be applicable is set forth in Exhibit "A" of the Salt Creek Basin Gravity Sewer Analysis dated November 1994, and is generally described as the Salt Creek Basin, that portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, the Wolf Canyon Basin, and that portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. b. Rate per EDU. The Fee shall be calculated at the rate of $1 ,330 per EDU, which rate shall be adjusted rrom time to time by the City Council. /;",\)...'.';'" . . t';/ / ! , "" . , -- -~... --....-. ._--_._...._--------_.~--~_..__.._.,_..,-_._--_..__. -...--- Ordinance No. Page 6 c. EDU Calculation. Each single family detached dwelling or single family attached dwelling shall be considered one EDU for purposes of this Fee. Each unit within a multi-family dwelling shall be considered 0.75 EDU. Every other commercial, industrial, non-profit, public or quasi-public, or other usage shall be charged at a rate calculated in accordance with the method for estimating EDUs set forth in Table 5.1 of the Report d. When Payable. The Fee shall be paid in cash not later than immediately prior to the issuance of a building permit. The City Council intends to review the amount of the Fee annually or from time to time. The City Council may, at such reviews, adjust the amount of this fee as necessary to assure construction and operation of the Facilities. The reasons for which adjustments may be made include, but are limited to, the following: changes in the costs of the Facilities as may be reflected by such index as the Council deems appropriate, such as the Engineering-News Record Construction Cost Index (ENR-CCI); changes in the type, size, location or cost of the Facilities to be financed by the Fee; changes in land use on approved tentative maps or Specific Plan Amendments; other sound engineering, financing and planning information. Adjustments to the above Fee may be made by resolution amending the Master Fee Schedule. SECTION 13. Authority for Accounting and Expenditures. The proceeds collected from the imposition of the Fee shall be deposited into a public facility financing fund ("Salt Creek Sewer Basin Benefit Area Fee Fund", or alternatively herein "Fund") which is hereby created and shall be expended only for the purposes set forth in this ordinance. The Director of Finance is authorized to establish various accounts within the Fund for the Facilities identified in this ordinance and to periodically make expenditures from the Fund for the purposes set forth herein in accordance with the facilities phasing plan or capital improvement plan adopted by the City Council. SECTION 14. Fee Additional to other Fees and Charges. The Fee established by this section is in addition to the requirements imposed by other City laws, policies or regulations relating to the construction or the financing of the construction of public improvements within subdivisions or developments. ! "¡ , / ."".... .;' Ordinance No. Page 7 SECTION 15. Mandatory Construction of a Portion of the Facilities; Duty to Tender Reimbursement Offer. Whenever a developer of a development project is required as a condition of approval of a development permit to cause a portion of the sewer system which is the subject matter of a Facilities enhancement planned for improvement under the Basin Plan to be constructed to accommodate the sewage flow generated by the development, the City may require the developer to install Facilities according to design specifications approved by the City. Such improvements shall have the size or capacity necessary to accommodate estimated ultimate flow as indicated in the Basin Plan and subsequent amendments. If such a requirement is imposed, the City shall offer to reimburse the developer from the Fund either in cash or over time as Fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating ofthe Fee. The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 16. Voluntary Construction of a Portion of the Facilities; Duty of City to Tender Reimbursement Offer. If a developer is willing and agrees in writing to design and construct a portion of the F aciliti es III conjunction with the prosecution of a development project within the Territory, the City may, as part of the written agreement, grant credits against the Developer's obligation to pay the Fee, and may thereafter, use the proceeds of the Fund to reimburse the developer from the Fund either at the time the expenditures are incurred or over time as fees are collected, at the option of the City, for costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee, and in an amount agreed to in advance of their expenditure in writing by the City, The City may update the Fee calculation as City deems appropriate prior to making such offer. This duty to extend credits or offer reimbursement shall be independent of the developer's obligation to pay the Fee. SECTION 17. Procedure for Entitlement to Reimbursement Offer. The City's duty to extend a reimbursement offer to a developer pursuant to Section 14 or 15 above shall be conditioned on the developer complying with the terms and conditions of this section: //)..-/9 .' .'..~.:- ' Ordinance No. Page 8 a. Written authorization shall be requested by the developer from the City and issued by the City Council by written resolution before developer may incur any costs eligible for reimbursement relating to the Work. b. The request for authorization shall contain the following information, and such other information as may from time to time be requested by the City: (1) Detailed descriptions ofthe Work with the preliminary cost estimate. c. If the Council granls authorization, it shall be by written agreement with the Developer, and on the following conditions among such other conditions as the Council may from time to time impose: (1) Developer shall prepare all plans and specifications and submit same to the City for approval; (2) Developer shall secure and dedicate any right-of-way required for the Work; (3) Developer shall secure all required permits and environmental clearances necessary for construction of the proj ect; (4) Developer shall provide performance bonds in a form and amount, and with a surety satisfactory to the City; (5) Developer shall pay all City fees and costs. (6) The City shall be held harmless and indemnified, and upon demand by the City, defended by Ihe developer for any of the costs and liabilities associated with the construction of the project. (7) The developer shall advance all necessary funds to design and construct the proj ect. (8) The developer shall secure at least three (3) qualified bids for work to be done, The construction contract shall be granted to the lowest qualified bidder. Any claims for additional payment for extra work or charges during construction shall be justified and shall be documented to the satisfaction of the Director of Public Works. (9) The developer shall provide a detailed cost estimate which itemizes those costs of the construction attributable to the Work. The estimate is preliminary and subject to final determination by the Director of Public Works upon completion of the Public Facility Project. /(),<')O , -~-- -----_.._-_...._..._._,-~_..._._,,_.... Ordinance No. Page 9 (lO) The agreement may provide that upon dete=ination of satisfactory incremental completion of a Facility, as approved and certified by the Director of Public Works, the City may pay the developer progress payments in an amount not to exceed 75 percent of the estimated cost of the construction completed to the time of the progress payment but shall provide in such case for the retention of 25% of such costs until issuance by the City of a Notice of Completion. (11) the agreement may provide that any funds owed to the developer as reimbursemenls may be applied to the developer's obligations to pay the Fee for building permils to be applied for in the future. (12) When all work has been completed to the satisfaction of the City, the developer shall submil verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for reimbursement. ( 13) After final dete=ination of expenditures eligible for reimbursement has been made by the Public Works Director, the parties may agree to offset the developer's duty to pay Fees required by this ordinance against the City's duty to reimburse the developer. (14) If, after offset if any, funds are due the developer under this section, the City shall reimburse the developer from the Fund either at the time the expenditures are incurred or over time as Fees are collected, at the option of the City, for eligible costs incurred by the developer for the design and construction of the Facility not to exceed the estimated cost of that particular Facility as included in the calculation and updating of the Fee; or the developer may waive reimbursement and use the amount due them as credit against future Development Impact Fee obligations. SECTION 18. Procedure for Fee Modification. Any developer who, because of the nature or type of uses proposed for a development project, contends that application of the Fee imposed by this ordinance is unconstitutional or unrelated to rnitigation of the burdens of the development, may apply to the Cily Council for a modification of the Fee and the manner in which it is calculated. The application shall be made in writing and filed wilh 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 pe=it is required, at the time of the filing of , . '" ")' ! 0'" ,,~ f ""'c . ...._-_..~..- ..-.~._~--~-~.__.-..__. Ordinance No. Page 10 the building permit application. The application shall state in detail the factual basis for the claim of modification, and shall provide an engineering and accounting report showing the overall impact on the DIF and the ability of the City to complete construction of the Facilities by making the modification requested by the applicant. The City Council shall make reasonable efforts to consider the application within sixty (60) days after its filing. The decision of the City Council shall be final. The procedure provided by this section is additional to any other procedure authorized by law for protection or challenging the Fee imposed by this ordinance. SECTION 19. Fee Applicable to Public Agencies. Development projects by public agencies, including schools, shall not be exempt from the provisions ofthe Fee. SECTION 20. Assessment District. If any assessment or special taxing district is established to design, construct and pay for any or all of the Facilities ("Work Alternatively Financed"), the owner or developer of a project may apply to the City Council for reimbursement from the Fund in an amount equal to that portion of the cost included in the calculation of the Fee attributable to the (Work Alternatively Financed). In this regard, the amount of the reimbursement shall be based in the costs included in the Basin Plan, as amended from time to time, and therefore, will not include any portion of the financing costs associated with the formation of the assessment or other special taxing district. SECTION 21. Expiration of this Ordinance. This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 22. Time Limit for Judicial Action. Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within the time period as established bylaw after the effective date of this ordinance.. In accordance with Government Code Section 66020(d)(I), the ninety-day approval period to which parties may protest begin upon the effective date of this Ordinance. SECTION 23. Other Not Previously Defined Terms. ! :) /ì " . . -- c-..ld" Ordinance No. Page 11 For the purposes of this ordinance, the following words or phrases shall be construed as defined in this Section, unless from the context it appears that a different meaning is intended. (a) "Building Permit" means a permit required by and issued pursuant to the Uniform Building Code as adopted by reference by this City. (b) "Developer" means the owner or developer of a development. (c) "Development Permit" means any discretionary permit, entitlement or approval for a development project issued under any zoning or subdivision ordinance of the City. (d) "Development Proj ect" or "Development" means any activity described in Section 65927 and 65928 of the State Government Code. (e) "Single Family Attached Dwelling" means a single family dwelling attached to another single family dwelling, with each dwelling on its own lot. SECTION 24. Effective Date. This ordinance shall become effective immediately upon 4/5ths vote. Presented by Approved as to form by Jack Griffin L~P~ Ann Moore Director of General Services City Attorney J:IEngineerlAgendalSalt Creek DIF,2ndURG-ORD _ 2974-B.doc Last printed 9/3/2004 3:12 PM 0-;)3 -- - _._-".~---,-"-----_.._-----_._-_.."--_._._---,._.- ~ ~ :I: s: m z -f » r-o 0;0 00 :!:ic... -m 00 Z-I en z 0 '" --I 0 ::u ~ ~.z ~ m < o m :Þ <- en r iii Z m m z " OJ 0 I I I z · I I m ~ · m 0 I · ¡ I I en .:>. · -- J; · I ...... . , · ! 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""'-"'--- Ordinance No. Page 13 EXHIBIT B Residential - SFD 265 1.00iDU Residential - MFD 199 0.75iDU Commercial/Industrial 9.43/acre High School 0.08/student Junior Hi School 0.08/student Elementar 0.06/student Park 1. 89/acre CPF 9.43/acre gpd: gallon per day DU: dwelling unit CPF: community·purpose facility SFD: single-family dweIJing MFD: multi-family dwelling I ¡/ - ;;<5 ...-._--------- ~.__._.__._._-_._--~-_..-"....._._-_.._--- CITY COUNCIL AGENDA STATEMENT ITEM NO.: 1/ MEETING DATE: 09/14/04 ITEM TITLE: PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CDBG/HOME PROGRAM ANNUAL PLANS FOR FISCAL YEARS 2002-03 AND 2004-05 RESOLUTION 2004- ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "TOBIAS STREET IMPROVEMENTS FROM NAPLES TO OXFORD" (sTL-301), TRANSFERRING THE UNENCUMBERED BALANCE OF CDBG FUNDS FROM THE E STREET BEAUTIFICATION PROGRAM (LD- 108) TO GAYLE MCCANDLlSS PARK IMPROVEMENTS (PR-179) AND TOBIAS STREET IMPROVEMENTS (STL-301), AND AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM ANNUAL PLANS FOR FYS 2002-03 AND 2004-05 TO REFLECT SUCH TRANSFER RESOLUTION 2004- UNENCUMBERING $312,814 FROM THE AVAILABLE BALANCE OF PAD FEE FUNDS FROM CAPITAL IMPROVEMENT PROJECT PR-179 G YLE MCCLANDISS PARK , SUBMITTED COMMUNITY DEVELOPME I E OR BY: DIRECTOR OF GENERAL SERVICE REVIEWED BY: CITY MANAGER ,)(/ 4/5THS VOTE: YES 0 NO D II~i -- -~-,-.._._.._._._-_..- ...-.-... ... -_.._._.,.....,-_._._,,-,._--.--_._._~---_._--- ._~--.-.~-- PAGE 2, ITEM NO.: rt MEETING DATE: 09/14/04 BACKGROUND On May 14. 2002, the fiscal year 2002-03 CDBG and HOME program Annual Plan ("Plan") was approved authorizing submittal of the Plan to the U.S, Department of Housing and Urban Development (HUD). The Plan specifies all CDBG/HOME funded activities to be carried out for the fiscal year and includes $255,181 in CDBG funds for the E Street Beautification Program (LD-108). This project has been postponed pending the development and adoption of the Urban Core Specific Plan which will include a comprehensive Streetscape Master Plan. In accordance with the federal requirements governing the CDBG program. the City must demonstrate it is carrying out its funded activities "in a timely manner". In order to ensure the timeliness of implementation of projects that provide program benefits to the community, staff recommends that the CDBG funds allocated for the E Street project be reallocated to fund needed improvements to Gayle McCandliss Park and for street improvements to Tobias Street from Naples to Oxford Street as part of the Castle Park Neighborhood Revitalization Program. Both activities have been determined to be eligible uses under the CDBG Program and are ready to proceed. As required by federal regulations and in compliance with the City's Citizen Participation Plan for the CDBG/HOME Program, a significant change in the activities specified within the Annual Plan approved by HUD requires an amendment to the Plan. As further stipulated, a Plan amendment requires a 30-day period for the public to review and comment and a public hearing to take action on such amendment. The public comment period began on July 23, 2004, with a public notice published in the Star News. The comment period ended on August 23, 2004. No public comments were received regarding the proposed amendment to the Plan. RECOMMENDATION That the City Council hold the public hearing to consider an amendment to the CDBG/HOME Program Annual Plans for FYs 2002-03 and 2004-05 and adopt the following resolutions: 1) Resolution establishing a new capital improvement project "Tobias Street Improvements from Naples to Oxford" (STL-301 ), and transferring the unencumbered balance of CDBG funds from the E Street Beautification Program (LD-108) to Gayle McCandliss Park improvements (PR-179) and Tobias Street improvements (STL-301), and amending the Community Development Block Grant (CDBG) program and Home Investment Partnership (HOME) Program annual plans for FYs 2002-03 and 2004-05 to reflect such transfer. 2) Resolution unencumbering $312,814 from the available balance of PAD Fee funds from capital improvement project PR-179 (Gayle McClandiss Park). /1.-1- PAGE 3, ITEM NO.: I¡ MEETING DATE: 09/14/04 BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION Each year CDBG and HOME funds are budgeted for specific programs and projects. For fiscal year 2002-03 CDBG funds were budgeted in the amount of $255,181 for the construction of streetscape improvements on E street between Interstate 5 and Broadway. The project was originally intended to provide a number of aesthetic improvements on this section of E street. including enhanced pavement treatments, landscaping improvements, sidewalk improvements, signage. crosswalks, irrigation and new street furniture. The project has been postponed in large part to the City's ongoing planning efforts in the area including the General Plan update and development of the Urban Core Specific Plan. In accordance with the federal requirements governing the CDBG program, the City must demonstrate it is carrying out its funded activities "in a timely manner". In order to maximize the City's expenditure of CDBG funds, staff recommends that the funds appropriated to the E Street Beautification Program (LD-108) be unencumbered and such funds be appropriated to two capital improvement projects that are ready to be implemented. The City may consider a future allocation of CDBG funds to the E Street Project at such time this project is ready to proceed. More specifically, staff recommends transferring $121,000 to fund improvements in compliance with the Americans with Disabilities Act (ADA) to Gayle McCandliss Park (PR- 179) and $134,181 for street improvements to Tobias Street from Naples to Oxford (STL-301), as part of the Castle Park Neighborhood Revitalization Program (NRP). Both projects have been determined to be eligible uses under the CDBG Program providing benefit to persons with disabilities and of low and moderate income. The Gayle McCandliss Park project includes a variety of improvements, most of which are to bring the park into compliance with the Americans with Disabilities Act (ADA). The total project cost for this project is $168,000. Approximately $121,000 of the estimated cost is for ADA related improvements that are eligible expenditures under the CDBG program. With the transfer of CDBG funds to the project, staff also recommends unencumbering $312,814 of PAD Fee funds from the project. leaving a balance of $47,000 of PAD Fee funds in the project to fill the remaining funding gap. The scope of the Gayle McCandliss Park improvements have been modified to eliminate some work originally contemplated. The original project description included improvements to the entire park which could not be physically undertaken due to the significantly sloping nature of the park and the requirements to make the park comply /1-3 ."."_ m~__~__~____. -~-,."._- PAGE 4, ITEM NO.: II MEETING DATE: 09/14/04 with the Americans With Disabilities Act. The modified scope of the project addresses the deficiencies in the existing developed portion of the park. Should funding become available in the future, the undeveloped portions of the park could be revisited. The Tobias Street Improvement project is part of the Castle Park Neighborhood Revitalization Program (NRP). These funds will permit the pre-construction activities on the project to continue as the City awaits the anticipated Section 108 loan proceeds associated with the NRP. The following table summarizes the requested amendments to the 2002-03 and 2004-05 CDBG Annual Plans and other related actions: 0 $121.000-CDBG 47.000 - P AD Fee 2004-05 134,181 The reprogramming of previously allocated CDBG funds for the E Street Beautification Project to Gayle McClandiss Park and Tobias Street Improvements constitutes a significant change to the Annual Plans previously approved by HUD and necessitates an amendment. In compliance with the federal regulations governing the CDBG program and the City's Citizen Participation Plan, a 30-day public review of the proposed amendment began on July 23, 2004. with a public notice published in the Star News. The comment period ended on August 23, 2004. No public comments were received regarding the proposed amendment to the Plan. Upon action by the City Council, staff will forward the amendments to HUD. FISCAL IMPACT The amendment of the CDBG/HOME Annual Plans reprogramming FY 2002-03 CDBG funds previously allocated for the E Street Beautification (LD-l08) Program to Gayle McClandiss Park (PR-179; $121.000) and Tobias Street Improvements (STL-301; $134,181) for FY 2004-05 will have no negative impact on the General Fund, CDBG funds or currently CDBG-funded capital projects. There will be a positive impact of $312,814 to the PAD Fee Fund. J:\COMMDEV\STAFF,REP\2004\A 113 Plan Amendment McCandJiss Park: 9.14.04.doc /1-'1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISH I NG A NEW CAPITAL IMPROVEMENT PROJECT "TOBIAS STREET IMPROVEMENTS FROM NAPLES TO OXFORD" (STL-301), TRANSFERRING THE UNENCUMBERED BALANCE OF CDBG FUNDS FROM THE E STREET BEAUTIFICATION PROGRAM (LD-108) TO GAYLE MCCANDLiSS PARK IMPROVEMENTS (PR-179) AND TOBIAS STREET IMPROVEMENTS (STL-301), AND AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND HOME INVESTMENT PARTNERSHIP (HOME) PROGRAM ANNUAL PLANS FOR FYS 2002-03 AND 2004-05 TO REFLECT SUCH TRANSFER WHEREAS, on May 14, 2002 and May 11, 2004, the City Council approved submittal of the Community Development Block Grant (CDBG) and the HOME Investment Partnership (HOME) Program Annual Plans ("Plan") for Fiscal Years 2002-03 and 2004-05, respectively, to the U.S. Department of Housing and Urban Development; and WHEREAS, on June 4, 2002, the City Council approved Resolution 2002-182 approving an Agreement for $255,181 in FY 2002-03 Community Development Block Grant (CDBG) funds for the E Street Beautification Project (LD-1 08); and WHEREAS, it is the City's goal to maximize the City's expenditure of CDBG funds; and WHEREAS, the E Street Beautification Project has been postponed pending the development and adoption of the Urban Core Specific Plan, inciusive of a Streetscape Master Plan and staff is requesting the reprogramming of said funds encumbered for the Project; and WHEREAS, the City Council has established a goal creating strong and safe neighborhoods through the implementation of such programs as the Castle Park Neighborhood Revitalization Program (NRP); and WHEREAS, the creation of a Capital Improvement Project (CIP) to construct improvements to Tobias Street from Naples to Oxford is an integral component of the Castle Park NRP and provides benefit to persons of low and moderate income; and WHEREAS, improvements to Gayle McCandliss Park related to compliance with the Americans with Disabilities Act (ADA) (PR-179) provides benefit to persons with disabilities and is ready for implementation; and WHEREAS, significant programmatic and funding changes to the Plan constitute an amendment to the Plan and therefore requires a 30-day public review and comment period in compliance with the Federal regulations goveming the CDBG Program and the City's Citizen Participation Plan; and WHEREAS, the 30-day public comment period began on July 23, 2004, with a Public Notice of the Amendment published in the Star News, and ended on August 23, 2004 with no comments received. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby unencumbers $255,181 in CDBG funds from capital improvement project LD-108 (E Street Beautification ). I/-S- LHINES (C:\WINDOWS\Temporary Internet Fites\OLKC020\CDBG Amendment Reso A-Revised 9.14.04.doc) . ~---" .. '-'--""-"'-~'-'-~'-'--"'-"---"'-'--'-'-------------------- BE IT FURTHER RESOLVED that a budget transfer of $255,181 from the unencumbered balance of CDBG funds from capital improvement project LD-108 (E Street Beautification) to capital improvement projects PR-179 (Gayle McCandliss Park Improvements) in the amount of $121,000 and STL-301 (Tobias Street improvements) in the amount of $134,181, establishing a new capital improvements project as part of the Castle Park Neighborhood Revitalization Program (NRP), is hereby approved. BE IT FURTHER RESOLVED, that amendments to the appropriate Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) Program Annual Plans reprogramming FY 2002-03 CDBG funding for the E Street Beautification Program (LD-1 08) to fund for FY 2004-05 improvements to Gayle McCandliss Park (PR-179) and street improvements to Tobias Street from Naples to Oxford (STL-301), as part of the Castle Park Neighborhood Revitalization Program (NRP) are hereby approved. Presented by Approved as to form by Laurie Madigan Director of Community Development 1/-1:, LHINES (C:\WINDOWS\Temporary Internet Files\OLKC020\CDBG Amendment Reso A-Revised 9.14.04.doc) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA UNENCUMBERING $312,814 FROM THE AVAILABLE BALANCE OF PAD FEE FUNDS FROM CAPITAL IMPROVEMENT PROJECT PR-179, GAYLE MCCANDLlSS PARK WHEREAS, the Gayle McCandliss Park Improvement project (PR-179) is currently underway and is funded by PAD fee funds; and WHEREAS, it is the City's goal to maximize the City's expenditure of federal Community Development Block Grant funds; and WHEREAS, on September 14, 2004, City Council approved Resolution No. 2004- transferring $121,000 in the unencumbered balance of CDBG funds from capital improvement project LD-108 (E Street Beautification) to capital improvement project PR-179, thereby freeing up needed PAD fee funds for other park projects; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby unencumbers $312,814 in PAD fee funds from capitai improvement project PR-179 (Gayle McCandliss Park Improvements). Presented by Approved as to form by Jack Griffin General Services Director /1-1 - --- --. -._"-_.."'-----"_._-~----._...._-_._- COUNCIL AGENDA STATEMENT J'i Item No.: ;;.~ Meeting Date: 9/14/04 ITEM TITLE: PUBLIC HEARING: PCM 04-15 Consideration of amendments to the Otay Ranch Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan, Design Plan and Planned Community District Regulations. Applicant: General Growth Properties, Inc. Resolution of the City Council of the City of Chula Vista approving an amendment to the Otay Ranch Planning Area 12 Freeway Commercial Sectional Planning Area (SPA) Plan And Design Plan An Ordinance of the City Council of the City of Chula Vista approving an Amendment to the Otay Ranch Planning Area 12 - Freeway Commercial Sectional Planning Area. (SPA) Plan Planned Community District Regulations SUBMITTED BY: Di=tm orpJæming ~d Blildmg r REVIEWED BY: c;,þ City Manager 1" ()/V' (4/5ths Vote: Y~ No-X-) In April of 2003, the City Council approved the SPA Plan for the Freeway Commercial portion of Planning Area 12 in the Otay Ranch. The applicant, General Growth Properties has applied to amend the FC-l area (McMillin Companies ownership) in the Freeway Commercial SPA Plan. The proposal includes changes to the vehicle and transit circulation, the concept plan and Planned Community District Regulations. Planning Area 12 - Freeway Commercial is located east of the future State Route (SR)-125, south of Olympic Parkway, north of the future alignment of Birch Road, and west of EastLake Parkway. The City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Freeway Commercial SPA Plan Final EIR 04-02 and has, therefore, prepared an addendum to the Final EIR. Thus, no further environmental review or documentation is necessary. /,<-( ---_..__._-_._._~_._--_. ._-_.__.~._._---~~---~_._- Page 2, Item: (J--- Meeting Date: 09/14/04 · RECOMMENDATION: That the City Council adopt: . A Resolution approving the amendments to the Otay Ranch Planning Area 12 Freeway Commercial SPA Plan and including the Design Plan, and; . An Ordinance approving the amendments to the Otay Ranch Planning Area 12 Freeway Commercial SPA Plan Planned Community District Regulations. · BOARDS/COMMISSIONS RECOMMENDATION: The Planning Cornmission held a public hearing on August 25, 2004 to consider the Project. The Planning Cornmission voted 6-0 (Hall absent) to recornmend approval of the amended Freeway Cornmercial SPA Plan and Planned Community District Regulations to the City Council. BACKGROUND: · In October 1993, the City Council and County Board of Supervisors jointly approved the Otay Ranch General Development Plan (GDP)/Subregional Plan for the 23,000-acre Otay Ranch, including Planning Area 12, which was comprised of the 289-acre Eastern Urban Center and the 106-acre Freeway Commercial. While the GDP required a SPA Plan be prepared for an entire planning area, the June 4, 1996 GDP amendment authorized preparation of a separate SPA Plan for the Freeway Commercial area of Planning Area (PA) 12. The GDP (as amended in 2001) authorizes 110.2 acres of commercial use, with open space and arterial roadway uses, for a total of 134.5 acres of Freeway Commercial. This previous amendment laid out the circulation system and defined the village boundaries for the Otay Valley Parcel including PA 12's Eastern Urban Center and Freeway Commercial. The GDP does not separately reference the Freeway · Commercial component of Planning Area 12, but provides a general description as: "The Freeway Cornmercial area provides for a mixture of uses suitable for, and dependent on, direct highway exposure, including large-scale uses which require a site primarily served by vehicular access. " In April of 2003, the City Council approved a SPA Plan for the Freeway Commercial area of Planning Area 12. This SPA Plan covered both the McMillin Companies ownership and the Otay Ranch Company. The Council subsequently approved a tentative map for McMillin's 86-acre portion. The PA 12 - Freeway Commercial area is divided into two parcels with two separate owners. McMillin Otay Ranch LLC owns approximately 86.1 acres in the southern portion · (identified as FC-l) and Otay Ranch Company owns approximately 34.4 acres in the northern portion (identified as FC-2). /..< -.2- Page 3, Item:g Meeting Date: 09/14104 The development concept in the Design Plan for the approved SPA Plan proposed a shopping center divided into three sections by internal Commercial Promenade streets. The concept provided for large format discount retailers, a home improvement store, drive-through restaurants, financial institutions, and small in-line shops. Large parking fields were proposed in front of each of the major users. A small amount of pedestrian-oriented shops were called for at the intersection ofthe two promenade streets. During the public hearings on the SPA Plan, McMillin proposed that an alternative concept plan be included in the SPA Plan. This concept provided for the department store anchors with a grid pattern of streets. The City Council approved the SPA Plan with the Alternative Concept Plan. General Growth Properties is acquiring the FC-l site from McMillin and has applied to develop the FC-l site with the department store format but has proposed changes in the circulation system and amendments to the PC District Regulations. 1. Site Characteristics The Freeway Commercial site, located at the northeastern section of the Otay Valley Parcel of the Otay Ranch, consists of 132,9 acres of land characterized by fairly flat mesa tops and gently rolling hills. A natural gently sloping canyon is in the central part of the property and heads west toward Poggi Canyon. The site is currently being graded under the previous SPA and tentative map approvals. The entire Freeway Commercial site is being graded as one large pad with no internal slopes. The near fully developed community of EastLake Greens and the EastLake Terraces are located directly to the north of the Project adjacent to Olympic Parkway. Other villages and planning areas of the Otay Ranch GDP bound the FC site. Village Six is located to the west, separated by the future alignment of SR-125; Village 11 is located to the east, across EastLake Parkway; and the future EUC is located to the south across future Birch Road. 2. Existing General Plan, Zoning and Land Use The City's General Plan and Otay Ranch GDP designated the land within the Otay Valley Parcel for urban villages that are transit-oriented and pedestrian friendly. The GDP, however, also set aside Planning Area 12 for large regional commercial opportunities that are excluded from the Village Core's mixed-use areas. The GDP specifically designated Freeway Commercial as a land use category for regional uses, which require an automobile orientation near regional transportation systems. The GDP further details the General Plan land uses shown in the following table: /...¿ -.:3 ,~,..... ,___,,"_'_·_m._. __.__. .·.._,_~_,_,·".~_.__·.,.._,,____._'__.__m·..'_.._·."..'. ..._..._ Page 4, Item: I éì Meeting Date: 09/14/04 · PLANNING AREA 12 - FREEWAY COMMERCIAL GENERAl. PT.AN ANn GENF,RAT. nF.VF.T.OPMRNT PT.ANT.ANlHTSF,S General Plan Land Otay Ranch GDP Chula Vista Use Designation Land Use Municipal Existing Chula Vista DesÏ!mation Code/Zonin!!' Land Use Retail Freeway PC, Planned Vacant Commercial Cornmunitv The Otay Ranch is zoned Planned Community (PC) as are all the other master planned · cornmunities. Land development regulations are contained in the Planned Community (PC) District Regulations within each master planned community SPA Plan, along with a zoning boundary map that designates a zone for each neighborhood. The Freeway Cornmercial SPA Plan Zoning District Map (Exhibit PC-l in the SPA binder) identifies two zoning districts for the FC project: "FCl - Freeway Commercial" and "FC2 - Freeway Commercial". The "FCl - Freeway Commercial" zoning designation applies to the McMillin owned portion of Planning Area 12- Freeway Commercial, and the "FC2 - Freeway Commercial" zoning designation applies to the Otay Ranch Company ownership. The GDP's land use design, character and policies section [Part II, Ch. 1, D.3.b.] for the Freeway · Cornmercial states: "The freeway cornmercial area provides for a mixture of uses suitable for, and dependent on, direct highway exposure, including large-scale uses which require sites primarily served by vehicular access. Typical uses permitted in the Freeway Cornmercial category (FC) include automobile centers; discount stores; warehouse outlets; membership clubs; and other large scale uses that require freeway exposure. Public uses such as park-and-ride and transit related services are also permitted." · The GDP's Freeway Commercial policies in this section [Part II, Ch. 1, D.3.b.] are as follows: . The actual amount and location of freeway commercial uses shall be established at the SPA level. · The freeway cornmercialland use category permits freeway-oriented, low scale buildings of three stories or less (heights will be established at the SPA level). The mass of buildings shall be balanced with landscaped setbacks and landscaping within parking areas. · Setbacks, which prevent a "strip development" appearance, should be established at the SPA level. · · Prepare a signage program for freeway cornmercial uses concurrent with the first SPA containing freeway commercial uses. A-5" Page 5, Item: I:z. Meeting Date: 09/14/04 GDP Freeway Commercial policies found in the village descriptions and policies section [Part II, Ch. 1, F.12.c.] state the following: · This category includes regional uses, which require an automobile orientation near regional transportation systems. Expected uses include thoroughfare commercial, visitor cornmercial and regionally oriented retail commercial. · The freeway-oriented commercial area shall include uses such as: an auto center; membership cornmercial, wholesale or discount outlets and other uses which require direct freeway exposure and serve a regional market. · Develop a signage and graphic program at the SPA level. · Reserve a park-and-ride at the transit stop at the northeast intersection of Birch Road and SR-125. · Transit line rights-of-way and trolley stops/stations shall be approximately located at the SPA level and will be conditioned for dedication at the Tentative Map level within the EUC and Freeway Cornmercial area [as amended June 4, 1996]. 3. Proposed Plan Prn!'()fõ:pr! ntny Rnnrh Frppwny rnmmprr;nl ,ç:PA Plnn Ampndmpnt General Growth has applied to amend the Freeway Cornmercial SPA Plan to incorporate the following changes, which primarily apply to the area designated as FC-l : ExistiBl~ Aooroved SPA Amended SPA 1. Internal streets are public, with a spine road Internal streets are private, with a perimeter bisecting the parking fields, with 4 separate ring road around primarily a retail shopping clusters of retail shonnin". mall. 2. Parking fields are widely dispersed through Parking fields are primarily located on the center of the project, with retail on the perimeter of retail shopping mall, with some nerimeter . on-street narkinp- on internal main street. 3 BRT Transit line is routed east half-way to BRT Transit line is routed east almost to EastLake Parkway and then continues south EastLake Parkway and then continues south to Birch Road and into the EUC, on an to Birch Road and into the EUC, on the east alignment down the center of the Freeway edge of the Freeway Commercial project. Commercial uroiect. Transit station is located in the center of the Transit station is located near the intersection 4 project, at the property line between FC-l of Street Band EastLake Parkway, (opposite and FC-2. Kestral Falls), closer to Village II's multi- familv housin". City staff has worked with General Growth to design the FC-l area as a "life-style" center with three fashion-store anchors, movie theater complex, restaurant row, sports stores and smaller in- line shops and food service. The in-line shops have been designed as "liner" stores in front of the /-{-5 _ _,_~_._......_.______. __ ._._.._ _.._. ._____·.'._m_"_____..___.__.___,··__._~.__··_ Page 6, Item: (2-. Meeting Date: 09/14/04 · department stores to provide a continuous pedestrian frontage along the main street through the center. On-street parking is proposed along the main street, which also incorporates pedestrian courts and plazas. The challenge has been to provide a pedestrian connection to the future EUC south of Birch Road. Two drive entrances to the Freeway Cornmercial are now proposed off Birch Road. The westerly drive (Street A) has been designed to accommodate not only the majority of the Freeway Commercial traffic but the 20,000 peak hour trips leaving the EUC in the evening. The easterly drive (Street C) has been designed as the main pedestrian-oriented crossing of Birch Road from the Freeway Cornmercial to the EUC. Because the majority of traffic is turning into the FC and · EUC, Birch Road can be narrowed by one lane in each direction ( 3 lanes to 2) from Street C to EastLake Parkway. This reduction in width will make a shorter crossing of Birch Road for pedestrians. The reduction is indicated in the SPA Plan as an interim condition until additional policy language can be added to the General Plan and GDP to make the condition permanent. The 1993 GPD envisioned the light rail transit line crossing SR-125 from Village Six and running through the middle of the Freeway Commercial and Eastern Urban Center to Village Nine/University. The transit stop in the Freeway Commercial was for the Park-and-Ride facility that would provide transit access for the non-transit villages and the other adjacent master planned communities. The proposed project relocates the transit line away from the center of the · Freeway Cornmercial to a location adjacent to EastLake Parkway. The transit station is now planned at the entrance to the center on Street B across from Kestrel Falls Street in Village 11. The Park-and-Ride facility with 200 parking spaces is located to the north of the station. This change in the transit alignment and station location is acceptable to the City and SANDAG staff since the main purpose of the station was to serve the Park-and-Ride Facility. SANDAG and City staff support this alignment only with the commitment from the McMillin Companies that the alignment will swing into the center of the EUC as it crosses Birch Road. It is vitally important to the success of the transit service to the EUC that the station and the service radius be centrally located in the EUC. McMillin has submitted a letter indicating their proposed conceptual location for the transit alignment and station in the EUC (Attachment 7). · The proposed amendments will meet the needs of the shopping center developer by providing for a pedestrian-oriented main street through the center of the project. The change from large format retailers to department stores was included with the adoption of the SPA by the City Council in 2003. The relocation of the transit line provides a more pedestrian-oriented main street while still providing the Park-and-Ride facility required by the GDP. Prn...nn~pd Frpp.wny rnmmprr;nl Plnnnpd rnmmlÆnity nir.:trirt Rpg;,¡/nfinnr.: The PC District Regulations amendment creates two Freeway Cornmercial districts, one for each · ownership within the existing Freeway CommerciaL The FCl designation is applicable to the FC-l portion of the Freeway Commercial site (General Growth as applicant) while the FC2 designation is applied to the FC-2 portion that is owned by the Otay Ranch Company. The f /.), - (0 Page 7, Item: /2 Meeting Date: 09/14/04 amendments to the PC District Regulations make minor changes in the approval process for drive through restaurants, kiosks in the pedestrian plaza and the building height of stores over 20,000 square feet (department stores) allowing an increase to 60 feet with 3 stories. 1 Fast food restaurants and restaurants with Allows certain uses in Zoning District FC 1 drive through facilities require approval of that were previously conditionally approved Use Permit by Planning Commission by the Planning Commission to be Administratively approved (A): · Fast food restaurants with drive through. · Restaurant drive throu"h. 2 Kiosks in the parking lot require Use Permit Allows certain uses in Zoning District FC 1 approved by Zoning Administrator that were previously Administrative to be Permitted (P): · Kiosks within the nlaza area. 3 Height of building 35 feet Height of department store buildings 60 feet. Architectural features 50 feet Architectural features 75 DPfii.gJ1 PIn» 4mp.ndmpnt~ The Freeway Commercial SPA Plan contains a Design Plan as required by the GDP for all SPA Plans. This plan sets out the design concepts for the SPA for site planning, architecture, landscape, lighting and signs. The proposed amendment changes the concept from the large format discount stores (Attachment 2) or the department store format with a grid system of streets (Attachment 3) to the current General Growth proposal for the department stores format with a "Main Street" concept (Attachment 4). The proposed amendments are consistent with the Otay Ranch GDP design plan requirements. 4. Conclusion: The Otay Ranch GDP policies for Freeway Commercial indicate the area will consist of auto oriented large-scale retail establishments. The proposal by General Growth to provide major retail stores instead of discount retail stores is consistent with the GDP policies for Freeway CornmerciaL The proposed amount of square footage is consistent with the approved SPA and that authorized by the GDP. Other GDP requirements, such as siting a transit station, are maintained in the SPA Plan. Staff is supportive of General Growth's proposal for a high quality retail project that is consistent with the Otay Ranch GDP policies. fi-.). 7 -,......~.__._.__._--_..,---_.__.--,._.._"._---- Page 8, Item:JL..- Meeting Date: 09/1 4/04 · FISCAL IMPACT: Processing costs for the SPA Plan are covered by the developer's deposit account under their processing agreement. Development of the SPA Plan area will generate positive net revenues for the City. Att;Jr:nmf'-nt~ 1. Locator Map · 2. Approved Conceptual Site Plan 3. Approved Alternative Conceptual Site Plan 4. Proposed Conceptual Site Plan 5. Proposed Amended Freeway Commercial SPA Plan 6. McMillin Proposed EUC transit alignment and station 7. Freeway Commercial SPA Plan Planning Connnission Resolution PCM 04-15 8. Freeway Commercial SPA Plan FEIR-02,04 Addendum 9. Disclosure Statement H:\PLANNING\OtaL Ranch\FrwL Camm _SPA \General Growth\FCml_SP A_Amend _ CC _ STFRPT.doc · · · /~-f t:J1. 1 \ \\11 \ LJ ~ ~ l/lllllllllm 2/111\11111111 lJ III 1 \\ I I 1 I I I I Ti II \ I I I II II \ \ I ] III \ I I \ IIIIID ]/1111\1111111) nlllll\\11111111 Plannina Area 1 2 "' N - co Village 11 ~ Otav Ranch R24 0 Town Center w "' ,0 Planning Area 12 D- o '" D- R25 BifCD Rd " MU .- PROJECT ~ Eastern LOCATION Urban Center CHULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: General Growth Properties, Inc. MISCELLANEOUS PROJECT Eastlake Parkway & Request: Proposal for a SPA Amendment for a retail development within the ADDRESS: Birch Road Otay Ranch Planning Area 12, Freeway Commercial (86.9 acres) site. SCAlE: FILE NUMBER: l NORTH No Scale PCM-04-15 Related cases: PCS.{)5.{)2 ATTACHMENT 1 J:\planning\carlos\locators\pcm0415cdr 8.17.04 /"<-'1 ....,__...._... ._'·_w·.--.·....··__·_..._.___...._..______·o INTRODUCTION Site Planning for FC-2 shall be established by Design Review approval or SPA Plan Amendment. , ot) Ví/lage 11 '" .... . Q: U .---::;::;:;;'- ! [BírëhRoa~'í'- ~ ( \ 1 r--- '_) Note: This conceptual site pk n ffJr Ihe ultìmate development for FC-1 represents tho intended vision. Changes and refinements may occur during subsequent design, revieW and ìmplementation phases. Source: SGPAAtchitects & Planners ~!v. . On!: land Planning ~t"'_ Freeway CommercIal _-....C,to('mJ~!_ rn r-::...rll...,j em Of CHUIA V!SIÄ OTAY RANCH 12130102 Lxl.;b;t G (4/1/0J)6/14/04 DESIGN PLAN 1-14 ATTACHMENT 2 /.)-/Õ -------. -- -- - --..- --"'-'-~~'-'------~-'--'-----------------~--~ Conceptual Site Plan Alternative 10 C'I Village 11 '"" ~ \ , - ( ,- , I ~l F'==--"~\ r Birëh Road1 \ . Note: This Alternative COI Icept SHc p'an for FC,1 is an illustration 01 an alternative configuration of buildings and pennitted uses. Implementation of this or other alternatives are subject to review and approval by the City Engineer. Director of Planning. and the Design Review Committee. Source: Field Paoli ~!/?- Fe' Cinti Land Planning -.r---: reeway ommerclal FïJ9 [1J CITY Of OTAY RANCH ~ 2\10 _ MO CHUIA VISTA 2/12/03 [2112/03) ¡,lib / )-// ATTACHMENT 3 /(>!: -_._._....~.._.- --.-.-.-'.+ "'-'---+--'--' ---------_.__.._~-_.._--~."_._.- INTRODUCTION Conceptual Site Plan ~. FG-1 I ~ ------- I rn '" ~ r- '" ~ ~ ;¡. ~ '< E~;: _.. - , , - - - ~..,¡".;i -, ~ . , r-- -_ _..0..- =± -'o- j ¿" --1 ~ '..""'¡¡';:"-- "'" :". , Birçh Road - ~ -, T ' - 1~1 \\ ~,~ . Çin~ Land PJonning ~y- Freeway CommercIal fi.:J9 (I] ~ COY'" OTAY RANCH CHU!A VISIA 6/23104 6/14/04 DESIGN PLAN I-ll ATTACHMENT 4 (')-/ ) / 'CW"> .,.I-.,¡ - ,.-----.-". -,._..__._,,_._-~---_._~-_.~----_.~-~~----~-_.__.._,._'_.,- Alignment Between Stations Alt. 4 I '\ \\-~ \ ! \ I \ r i I I I I Route Traffic Conflict ~{~ Composite Village Plans Cnti Land Planning :-r---: 1·~~·'"Fï [1J ~ OTAYRANCH CT1Y Of GiUIA VISTA 5/15104 ,/J"l~ ATTACHMENT (, ---- -_._--~_..__._--_._----_._---~----,._---_._---_._.-. --~..__._- RESOLUTION NO. PCM-04-15 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TRA T THE CITY COUNCIL APPROVE THE AMENDMENT TO THE PLANNING AREA 12- FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED COMMUNITY DISTRICT REGULATIONS AND DESIGN PLAN FOR OTAY RANCH PLANNING AREA 12 - FREEWAY COMMERCIAL. WHEREAS, a duly verified application was filed with the City of Chula Vista Planning Department by General Growth Properties, Inc. ("Applicant") requesting approval of amendments to the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan and associated regulatory documents, Planned Community District Regulations. The SPA Plan also includes the Design Plan, Public Facilities Finance Plan, Air Quality Improvement Plan and Water Conservation Plan for 132.9 acres ("Project); and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A" and commonly known as Planning Area 12 - Freeway Commercial, and for the purpose of general description herein consists of approximately 132.9 acres located in the area bounded by the existing and future roadways of State Route (SR-) 125, Olympic Parkway, Eastlake Parkway and Birch Road within the Otay Ranch Planned Community ("Project Site"); and, WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed, considered, and certified Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan Final Environmental Impact Report (FEIR 04-02); and, WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed amendments have been previously addressed by FEIR 04-02 and has, therefore, prepared an addendum to said FEIR. The amendments are in substantial conformance with the Otay Ranch GDP and SPA on which the FEIR analysis was based and therefore, approval and implementation of the SPA amendments does not change the basic conclusions of the FEIR. The addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista; and, /.:<-/4 AiTAc 'AN!:i0ï 7 -- -.- __ ___.,._..__..____'__.~___.m..__ ____________...._ _ _ ~._...__._. u_ WHEREAS the Planning Commission having received certain evidence on August 25,2004, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution PCM -04-15, herein, and recommended that the City Council approve the Project based on certain terms and conditions; and, . WHEREAS, the Planning Director 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 10 days prior to the hearing and its mailing to property owners within 500 feet of the exterior boundaries of the property; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 25, 2004, in the Council Chambers, 276 Fourth Avenue, befòre the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Planning Commission has determined that the approval of the amendment to the Sectional Planning Area (SPA) Plan for OtayRanch Planning Area 12 - Freeway Commercial (PCM- 04-15) is consistent with the City ofChula 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 the amendments to the Otay Ranch Planning Area 12- Freeway Commercial Sectional Planning Area (SPA) (PCM-04-l5) and supporting regulatory documents including Planned Community District Regulations, and Design Plan, involving approximately 132.9 acres ofland known as "Planning Area 12 - Freeway Commercial" located in the north-central portion of the Otay Valley Parcel, between the future extension alignments of Olympic Parkway, EastLake Parkway, Birch Road and SR-125 in accordance with the findings contained in the attached City Council Resolution and that a copy of this resolution be transmitted to the owners of the property and the City Council. /",.ì - ,C '7 ~ ....,-;. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25th day of August, 2004, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Marco Cortes, Chair ATTEST: Diana Vargas, Secretary H:\PLANNING\Otay _Ranch\Frwy _ Comm_ SP A\General Growth\8-12_ FCml_ SPA_Amend _ PCM-04-15 PCRESO.doc /-z-/~ - ,,~ . ~- .---. . ....-_.. .._.__._..._.._._.._,---,-_._.._--_..__._-,-------~-- ADDENDUM TO SECOND TIER ENVIRONMENTAL IMP ACT REPORT EIR 02-04 PROJECT NAME: Freeway Commercial SPA Plan Amendment PROJECT LOCATION: Planning Area 12, Freeway Cornmercial Site between SR 125 and Eastlake Parkway, north of Birch Road. PROJECT APPLICANT: General Growth CASE NO: EIR-02-04 DATE: August 17,2004 I. BACKGROUND The purpose of this Addendum is to discuss proposed changes in the Otay Ranch Freeway Commercial project area as delineated in the approved Otay Ranch Planning Area Twelve Freeway Cornmercial Sectional Planning Area (SPA) Plan and tentative map. As the lead agency for the project under the California Environmental Quality Act (CEQA) (Pub. Resources Code, Sec, 21000 et seq.), the City of Chula Vista ("City") prepared and conducted an environmental analysis (Final Second Tier EIR 02-04) of the Freeway Commercial SPA Plan. Final EIR-02-04 ("Final EIR") contains a comprehensive disclosure and analysis of potential environmental effects associated with the implementation of the Freeway Commercial project. The final EIR was certified and the Freeway Commercial SPA Plan was approved by the City Council in March of 2003. The Final EIR tiers off of the Otay Ranch General Development Plan EIR (EIR-90-01) which was originally certified by the Chula Vista City Council in 1993. The approved Freeway Commercial SPA plan calls for a freeway oriented commercial center with large fonnat retail stores and serviœ estahlishments offering commodities and services required by residents of the surround;"f! cC'T"munity. The project site is 133 acres in total area. The site plan calls for 120.5 acres of commercial and open space uses with the remainder of the site to be utilized for circulatIOn. A t":dl of 1.215 million square-feet of commercial floor area has been approved within the SPA. The adopted SPA plan depicts a main thoroughfare ("spine road") traversing the center of the site in a north-south direction. A Bus Rapid Transit (BRT) alignment/corridor is situated within the "spine road." An associated transit station with accompanying park and ride component is situated near the center ofthe development. The proposed project considered in this addendum is an amendment to the adopted Freeway Commercial SPA plan and related approved tentative map. The amendment is based upon a revised conceptual site plan for Parcel FC-l (see Attachment 1) as identified within the approved SPA plan. No changes within Parcel FC-2 as identified in the approved SPA plan are proposed. Ð ¿.,{ _ i -¡ Attachment-:tít'to staff report dated August 25, 2004 I> . / ( ---,-._-_.----~-_._..__._- .~-,-,..._._-----------,._------ -- ~_._."-_. -- Addendum to Final EIR-02-04 · August 17,2004 The proposed amendments to the approved SPA plan are based upon a new site plan that includes stores and shops clustered along a low-volume internal street, creating an open air "Main Street" style retail complex. A loop road would be situated within the site. The proposed amendment will revise the adopted Freeway Commercial SPA plan and related documents to reflect this new development concept. Corresponding revisions to the Freeway Commercial Village Design Plan (design guidelines) will alsó be required. The proposed SPA plan amendments also include the relocation of the planned transit line (BRT) · from the median of the internal commercial street ("spine road") to the eastern edge of the project, paralleling Eastlake Parkway. The transit station and associated park and ride facility would also be relocated to the eastern portion ofthe site adjacent to Eastlake Parkway. Technical reports prepared for EIR-02-04 have been updated to reflect the new project layout. The updated technical reports demonstrate that the proposed SPA and tentative map modifications do not result in any new significant impacts or an increase in severity of any previously identified impacts. The environmental analysis presented in this document addresses the modification of the previously approved SPA plan. Because the modifications to the SPA plan and associated tentative map would not result in an increase in allowable floor area nor an · expansion of the Jimits of grading, the proposed SPA amendment is considered to be adequately covered under EIR -02-04 and no further analysis is warranted, II. PROPOSED AMENDMENTS The appJicant has applied to amend the Planning Area 12 Freeway Commercial Sectional Planning Area (SPA) Plan and tentative map in order to redesign the Freeway Commercial site. The proposed changes include the following: 1) A reconfiguration ofthe project site plan. 2) Relocation of transit line from the median within the north-south internal "spine road" to the eastern edge of the parcel, paralleling Eastlake Parkway. 3) Relocation of transit station from the center of the site to the intersection of EastLake Parkway and Kestral Falls, with the associated park-and-ride facility for 200 cars relocated from the center of the development to an area adjacent to the tnLTlsit station. 4) Primary vehicular circulation changed from a "spine road" concept to the use of a "ring road" to be located within the FC-l area. The "spine road" would remain within the adjacent FC-2 parcel located to the north. The California Environmental Quality Act Guidelines (§15l62) establishes the conditions under which a subsequent EIR shall be prepared. Addendum to Second Tier EIR 02,04 J/plan n ingl stev ex pI en vi ronm ental documents/freew aycommerciall eir review ¡fin aladd endum 2 ,/,,) . c.^ "'\ -;!~r Addendum to Final EIR-02-04 August 17,2004 A. When an EIR has been prepared for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: I. Substantial changes are proposed in the project which will require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or, 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was prepared. B. If changes to a project or its circumstances occur or new information becomes available after preparation of an EIR, the lead agency shall prepare a subsequent EIR if required under Subsection A. Otherwise the lead agency shall determine whether to prepare a subsequent Negative Declaration, an addendum or no further documentation (Guidelines § 15162). Section 15164 of the State CEQA Guidelines provides that: A. The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. B. An addendum need not be circulated for public review but can be included in or attached to the final EIR. C. The decision-making body shall consider the addendum with the final EIR prior to making a decision on the project. D. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an 'EIR, the lead agency's required findings on the project, or elsewhere in the record, The explanation must be supported by substantial evidence. This addendum has been prepared pursuant to the requirements of Sections 15162 and 15164 of the State CEQA Guidelines. The proposed changes to the project do not constitute a substantial change to the previously approved project. The modifications proposed would not result in any environmental effects that were not considered in the Second Tier EIR-02-04, nor would the changes increase the severity of any of the impacts identified in this EIR. There has been no Addendum to Second Tier EIR 02,04 J/planníng/stevexpl environm ental documents/freew aycommerciall air review Ifinaladd end urn 3 .~ /.J. -/1 ._.-,.,.."..,-,. ,----,'---.-- ._._____._~_~+__________.__..~_.._n Addendum to Final EIR-02-04 · August 17, 2004 material change in circumstances relative to the project, and no new information of substantial importance has become available after the preparation of the project EIR. The mitigation measures identified in EIR-02-04 would be equally applicable to the revised project. Therefore, in accordance with Sections 15162 and 15164 of the State CEQA Guidelines, the City has prepared this addendum to Second Tier EIR 02-04. III. ANALYSIS · Updates to technical studies previously prepared for the Freeway Commercial EIR have been prepared to address the modified project. An updated traffic study that fully addresses traffic- related impacts associated with the revised project has been prepared by the City's traffic consultant. Technical study updates have also been prepared with regard to water and sewer service, drainage, water quality, and geology. All revised technical studies indicate that there are no significant impacts associated with the project beyond those identified in EIR-02-04, and that no additional mitigation measures are required. Land Use · The proposed amendments would not conflict with surrounding land uses. The overall commercial character of the proposed uses would be consistent with the adopted land use designations for the property and compatible with the surrounding land uses planned for the Otay Ranch area. The proposed amendment to the SPA Plan does not result in an increase in commercial floor area, and the limits of grading remains the same as that of the originally approved SPA plan. No additional significant impacts to land use beyond those anticipated in EIR-02-04 are anticipated with the revised project. No mitigation measures were required in EIR-02-04 with regard to land use and no mitigation measures are recommended with the revised proj ect. · Transportation, Circulation and Access A traffic report prepared by the City's traffic consultant, Linscott, Law, and Greenspan (LLG) (dated August 16,2004), concludes that the proposed amendments would not cause any impacts to the surrounding external roadway circulation system requiring mitigation beyond that which waf· srPGifip.d in EIR-02-04. The traffic study update analyzed changes in trip distribution within thp site, driveway volumes, and corresponding traffic-related impacts upon General Plan Circulation Element roadways. The updated traffic study also addressed impacts associated with the relocated BRT line. As illustrated in Table 1, the proposed project results in apptoximate1y 40 fewer dally traffic trips compared to the approved SPA plan. No additional significant traffic impacts were identified in the traffic study update, and the mitigation measures called out III · EIR-02-04 have been determined to be equally applicable to the revised project. Addendum to Second Tier EIR 02,04 J/plann in g/stevex pI environm ental docu ments/freew ayco mmerciall sir review ¡fin al add end urn 4 · ~",~-....¿O Addendum to Final EIR-02-04 August 17,2004 Table 1: Estimated Project Traffic Generation Approved Proposed Net Change Total Square Footage 1,215,000 square feét 1,214,000 square feet -1,000 square feet FC-l Parcel 871,000 square feet 867,000 square feet -4,000 square feet FC-2 Parcel 344,000 square feet 347,000 square feet +3,000 square feet Daily Traffic Generated 48,600 ADT 48,560 ADT -40 ADT Water Quality and Drainage An update letter, dated March 3, 2004, was prepared by P&D Consultants, to evaluate the change in drainage patterns and runoff rates for the proposed proj ect. The update letter indicates that the proposed changes to the site plan will not result in any previously unidentified significant hydrological impacts, and the mitigation measures identified in EIR-02-04 would be equally applicable to the revised project. An update letter, dated March 3, 2004, was prepared by Rick Engineering Company to evaluate changes in storm water quality as a result of the amended project design, The update letter concludes that the recommendations outlined in the October 4, 2002 Storm Water Quality Technical Report are still adequate for the revised project. Therefore, the mitigation measures identified in EIR-02-04 would be equally applicable to the revised project. Public Services and Facilities Sewer and Water: An update letter, dated March 3, 2004, was prepared by PBS&J for the proposed SPA plan amendments. The update letter indicates that there will be no change in the anticipated wastewater generation or potable water demand from what was evaluated in EIR-02- 04. Wastewater generation will be 215,250 gallons per day (gpd) for both the original and modified project. Water demand will continue to be 192,175 gpd. The update letter also evaluates the recycled water demands for the proposed proj ect. The letter report notes that the average demand of 19,218 gallons per day of recycled water is not any greater than what was previously identified in EIR-02-04. Based upon the aforementioned update letters, no impacts to water and sewer beyond those previously identified in EIR-02-04 are anticipated, and the mitigation measures called out in EIR-02-04 will be equally applicable to the revised proj ect. Addendum to Second Tier EIR 02,04 J/plann ing/stevexp/ environm ental documents/freew aycommercial/ sir review ¡fin aladd endum 5 /..). -;.2 ) " I -. .__..._-~~.__._--_.---------~-_.---~._..._-----_.-.- . Addendum to Final EIR-02-04 August 17, 2004 Geologic Hazards An update letter, dated February 26,2004, was prepared by Geotechnics Incorporated to evaluate the proposed changes in project design, The letter concludes that only minor changes in the rough grading configurations are proposed and, that the recommendations contained within the 2003 Geotechnical Investigation remain valid for the revised project design. Therefore, no new impacts with regard to geological hazards are anticipated and the mitigation measures identified . in EIR-02-04 will be applicable to the revised project. IV. CONCLUSION Pursuant to Section 15162 and 15164 of the State CEQA Guidelines, and based upon the above discussion, I hereby find that the revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the Environmental Impact Reports adequate under CEQA. An environmental checklist that analyzes the revised project has been prepared and is included as an attachment to this addendum. The findings provided within this addendum are based upon the attached environmental checklist. /;;~/ôt7hQ~. Marilyn R. F. Ponseggi Environmental Review Coordinator Attaclunent 1 - Project Site Plan(s) Attaclunent 2 - Environmental Checklist Attaclunent 3 - Executive Summary to EIR,02,04 References: General Plan, City of Chula Vista Otay Ranch Planning Area Twelve Freeway Commerical Sectional Planning Area (SPA) Plan Second Tier Environmental Impact Report P&D ConsuJtants Letter dated MaTch 3, 2004 Rick Engineering Company Letter dated March 3, 2004 PBS&J Letter deted, Marcb 3, 2004 Geoteclmics Incorporated Letter dated February 26, 2004 LLG traffIc analysis dated August 16, 2004 Addendum to Second Tier EIR 02,04 J/p Ian ning/stevexp/environ mental d ocu ments/freew ayeo mmerciall eir revie w /fin aladd endum 6 .I ~- .),J... INTRODUCTION ~ Site Utilization Plan Symbol "'''''UN I Acn. j FAR jMU.SJ. FC-1 . Freeway Commercial 10000..r 86.1 0,25 867 FC-2 Freeway Commercial 34.4 0.25 347 Sub-tota' 120.5 1214 ßArterialS 12.4 Sub-total 132.9 mFreeWay 27.1 - Project Total 160.0 ~n..~0I~mÐ"""""""'__~"'~11I'w7:S·___,,-; 1:1 ~ Transit Un& Village $ - - \\ \\\ ~ \\ ..-- .\ \\' \ \ \ '\~ TransillJfIfJ II i 8irch Road' ~ r::ge 11 I Freeway Commercial Net Areas ~75' Enhanœment B""" 9.06 (amaindudedin Freeway Comm.) _lnlemaJStreen 7 3 (area ittduded in . F1fJØWay Comm.) Village 7 FC-' NeVNt/t Ale3 74.2 FC-Z NerlNet Area 29.9 - Total 120.5 ~\I~ -r __ Freeway Commercial Cinff lond Planning CßYOf r-t"'tl ~ OiUIA VISiÄ OTAY RANCH 1/23/03 Exhibit 5 (2/3103) Approved Site Plan Attachment 1 .. '~~7""':.3 --------.,.,----.-.--- .-..---- .'-.-- . INTRODUCTION JA Site Utilization Plan . SynjbøI Lan.d Use" FC,1 reeway CommerdðJ 86.2 867 FC-2 Freeway COmrnerciai 34.5 025 347 Sub-total 120] 1,214 [2jcrrcUJal!òn (Mertals) 12.4 Sub-1OIa1 133.1 [JI§S~'125 2U - ViI/age 6 . ~ FC,.1 .,- Blr<l>Rd: I Détan'o.f FAewayCommerc)afland- Ose Eastern Urban Center ~-- 7.5 :::::- '. ~ 2.6 ro·"NfIItN«A1u ßl.3 FCr2'~H.fm. 3.M - Tota1 123,3 b;3_Une. ~. 'IReferlØ~_Plæ~~~ ~!~ ..... ... .' Cjm\ lond PIOnnjog .3_: Freeway CommercIal --~...,- ~ r1-n. em 0< CHtJIA VI5U\ OTAY RANCH 111.4/04 Exhibit 5 (7/16/04) Modified Site Plan ,~ -.-1 Lf ENVIRONMENTAL CHECKLIST FORM 1. Name of Proponent: City of Chula Vista Planning & Building Department 276 Fourth Avenue Chula Vista, CA 91910 2. Lead Agency Name and Address: City of Chula Vista Planning & Building Department 276 Fourth Avenue Chula Vista, CA 91910 3. Address and Phone Numher of Proponent: General Growth Properties, Inc. 35 Century Park Way, Salt Lake City, Utah 84115 (801) 486-3911 4. Name of Proposal: Otay Ranch Village 12 Freeway Commercial 5. Date of Checklist: August 17, 2004 PotcndalJy Potentially Significant Less than Sipificant Unless Significant No Impact Mitigated Impact Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or 0 0 0 181 zoning? b) Conflict with applicable environmental plans or 0 0 0 181 policies adopted by agencies with jurisdiction over the project? c) Affect agricultural resources or operations 0 0 0 181 (e.g" impacts to soils or farmlands, or imoacts from incompatible land uses)? d) Disrupt or divide the physical arrangement of 0 0 0 181 an established community (including a 10N- income or minority community)? Comments: a) The revised project has been reviewed and has been found to be consistent with the Zoning and General Plan designations of the project site. The revised project will involve implementation of the Planning Area 12 FC SPA Plan within the Otay Ranch GDP. No increase in square footage is proposed with the revised project and the project area and anticipated uses (commercial) remain the same. b) The revised project would not conflict with any applicable adopted environmental plans or policies. Attaclcment 2 ; /,J,-';'S .__m .- -.....- .---.------"-----..----.-.---.-.--------..------.---. - _._~_._-_.- c) The revised project would not result in any cumulative significant impacts from the loss of agricultural land beyond those previously identified in EIR-02-04. Such impacts were determined in the Program ElR for Otay Ranch to be significant and unmitigable and a statement of overriding considerations was adopted. . d) The revised project would not disrupt or divide the established adjacent community or surrounding commercial, office, or residential environment. Mitigation: No new significant impacts were identified as a result of the revised project. EIR-02-04 did not include any mitigation measures with regard to land use, Mitigation measures given in the original EIR would apply. Potentially II. POPULATION AND HOUSING. Would the Potentially Significant Less than Significant Unless Significant No proposal: Impact Mitigated Impact Impact a) Cumulatively exceed offièial regional or local 0 0 0 Ii!1 population projections? b) Induce substantial growth in an area either 0 0 0 Ii!1 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 Ii!1 housing? Comments: a) The revised project does not include residential development. The project would, therefore, not generate population growth that may potentially cumulatively contribute to an exceedance of regional or local population projections. b) See Section ILa). The revised project would require extension of water and sewer lines to provide service to the site, but would not result in significant impacts that differ ITom those identified in the previous EIR. c) The project site is currently undeveloped; therefore, displacement of existing housing or removal of affordable housing would not occur as a result ofthe revised project. Mitigation: No new significant impacts were identified as a result of the revised project. No mitigation measures were required with EIR-02-04. No new mitigation meaSUreS are required for the revised project. Potentially III. GEOPHYSICAL. Would the proposal result in or Potentially SigDißca.ot Lesslban Sigoilkallt u..~ Significant No expose people to potential impacts involving: Impact Mitigated Impact Impact a) Unstable earth conditions or changes in 0 0 0 Ii!1 geologic substructures? b) Disruptions, displacements, compaction or 0 0 0 Ii!1 overcovering of the soil? c) Change in topography or ground surface relief 0 0 0 Ii!1 features? d) The destruction. covering or modification of 0 0 0 Ii!1 2 ~ .)./ ¡...,. .~ any unique geologic or physical features? e) Any increase in wind or water erosion of soils, 0 0 0 181 either on or off the site? t) 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: a) The revised project will not result in an increase in unstable earth conditions or changes in geologic substructures over the previous project. b) The revised project will not result in a significant impact resulting from disruptions, displacements, compaction or overcovering of the soil as compared to the approved project. c) The revised project will not result in a significant impact resulting from a revised change in topography or ground surface relief features as compared to the approved project. d) The revised project will not result in a significant impact resulting from the destruction, covering or modification of any unique geologic or physical features as compared to the approved project. e) The revised project will not result in a significant impact resulting from an increase in wind or water erosion of soils, either on or off the site as compared to the approved project. t) The revised project will not result in changes in deposition or erosion of beach 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) The revised project will not result in an increased exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards. Mitigation: No new significant impacts were identified with the revi&~d projtct. Refer to the February 26, 2004 letter prepared by Geoteclmics Incorporated which states that the recommendations given in the EIR for the previous project remain applicable te the revised project. No new mitigation measures are required. PoleDtiaUy Potentially Significant Lesstban IV. WATER. Would the proposal result in: Significant Unless Significant No Imp'« Mitigated Imp'« Im.pact 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 0 0 0 181 related hazards such as flooding or tidal waves? c) Discharge into surface waters or other 0 0 0 181 3 /')~.J7 ..-- ....-.-..- ------...-... - --_.._-~-~- .------.-----.-.- ..- _ _______"_.,___~~__.____~H'_·'···____·____ alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any 0 0 0 1'3 water body? e) Changes in currents, or the course of direction 0 0 0 1'3 of water movements, in either marine or fresh waters? f) Change in the quantity of ground waters, either 0 0 0 1'3 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 1'3 groundwater? h) Impacts to groundwater quality? 0 0 0 1'3 i) Alterations to the course or flow of flood 0 0 0 1'3 waters? j) Substantial reduction in the amount of water 0 0 0 1'3 otherwise available for public water supplies? Comments: a) The proposed grading and development of the vacant site would not result in changes in absorption rates, drainage patterns, and the rate and amount of surface runoff beyond what the previous EIR anticipated. A formal drainage study was prepared for the project and is in the technical appendices for EIR-02-04. The applicant will be required to demonstrate compliance with the approved drainage study prior to the issuance of construction permits for the project. According to the City Engineering Department, no new significant impacts to the City's storm drainage system are anticipated to result ITom the revised project. b) The project site is not in proximity to any bay or ocean or in low-lying areas. No exposure of people or property to water related hazards would result ITom the revised project. c) The revised project will be required to implement construction and post-construction Best Management Practices (BMPs), where applicable, in accordance with the City of Chula Vista Storm Water Management Standards Requirements Manual in order to prevent pollution of downstream water bodies. The same measures as called out in EIR-02-04 will apply to the revised project. d) Based 011 the size and nature of the revised project, and the location of the project site relative to natural water bodies, the revised project would not result in changes in the amount of surface water in any water body, in currents, or the course of direction of water movements, in either marine or ITesh waters. e) See IV.d. above. f) No changes in the quantity of groundwater are expected to result ITom the revised project. The changes to the project will have no effect on groundwater. g) See IV.f. above. h) The exposure to urban pollutants could affect the quality of water recharging the groundwater, however, no impacts beyond those identified in the previous EIR have been identified for the 4 /..{ -',),B revised project. Filtering would occur during percolation. The site has not been identified as a source of significant groundwater recharge. i) See IV.b. above. No alterations to the course or flow of floodwaters downstream of the site are expected to result from the revised project. j) Water will be provided through connection to planned transmIssIon mains in EastLake Parkway and Birch Road. The construction of the project is not anticipated to result in a significant increase in the consumption of water otherwise available for public consumption, and the changes to the project will not result in impacts beyond those identified in the previous EIR. Mitigation: No new significant impacts were identified with the revised project. Refer to the letters prepared by Rick Engineering Company on March 3, 2004 and by P&D Consultants on March 3, 2004 which state that the conclusions given in the EIR for the previous project remain applicable to the revised project. No new mitigation measures are required. PottatiaU, V. AIR QUALITY. Would the proposal: Potentially SignulCant Lesstban Signilkanl UuJess Significant No Impact J\1itigated Impatt Impact a) Violate any air quality standard or contribute to 0 0 0 Iii! an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? 0 0 0 Iii! c) Alter air movement, moisture, or temperature, 0 0 0 Iii! or cause any change in climate, either locally or regionally? d) Create objectionable odors? 0 0 0 Iii! e) Create a substantial increase in stationary or 0 0 0 Iii! non, stationary sources of air emissions or the deterioration of ambient air quality? Comments: a) The EIR identified significant and unmitigatable air quality impacts resulting rrom construction activities and project operation. The revised project reflects changes to internal circulation, but does not change the approved square footage nor result· in an increased traffic volumes. Therefore, no new air quality impacts were identified with the revised project. A statement of overriding considerations was approved with regard to air quality in both PEIR-90-0l and EIR- 02-04. b) See V.a.above. c) The revised project is not anticipated to significantly alter air movement, moisture, or temperature, or cause any change in climate, and the changes will not result in any impacts beyond those previously identified in the project EIR. d) The proposed rreeway commercial land use is ~llowed by the Zoning Ordinance and the GDP and is an intended use for the site. The revised project is not anticipated to create objectionable odors. e) The revised project would not result in an increase in non-stationary sources of air emissions or the deterioration of ambient air quality as compared to the previous project. No stationary sources of air emissions would be associated with the revised project. 5 1"< -,;¿C¡ " w.___.___·_····____·_·_··.·_· .' --_..._._~_..._-------"-----'_.._._-~--~ . Mitigation: No additional significant air quality impacts were identified for the revised project. No additional mitigation measures are required for the project. VI. TRANSPORTATION/CIRCULATION. Would the PotentiaUy PotentiaUy Significant Less than proposal result in: Significant UnJess Significant No I~pact Mitigated Impact Impact a) Increased vehicle trips or traffic congestion? 0 0 0 Ii . b) Hazards to safety from design features (e.g" 0 0 0 Ii sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? c) Inadequate emergency access or access to 0 0 0 Ii nearby uses? d) Insufficient parking capacity on-site or off-site? 0 0 0 Ii e) Hazatds or barriers for pedestrians or 0 0 0 Ii bicyclists? f) Conflicts with adopted policies supporting 0 0 0 Ii alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? 0 0 0 Ii h) A "large project" under the Congestion 0 0 0 Ii Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips.) Comments: a) The revised project would result in the generation of an estimated 48,560 average daily trips (ADT) (net decrease), as compared to 48,600ADT with the previous project. The revised project reflects changes to internal circulation and relocation of the Bus Rapid Transit (BRT) alignment, but does not change the approved square footage or result in a significant increase in traffic delays. Therefore, no new significant traffic impacts were identified with the revised project. b) See VI.a. No traffic safety hazards are anticipated to result from the revised project. c) Accvrding to the Fire Department and Police Department, the proposed site plan provides for adequate emergency access. The revised project will be in accordance with the design requirements of the Fire Department and will meet adequate turning radius and fire hydrant installation requirements. d) The revised project will be consistent with the parking provIsIOns of the PC District Regulations for the Freeway Commercial project, as was the previous project. The project would, therefore, not result in insufficient parking capacities. e) The revised project would not result in any hazards or barriers for pedestrians or bicyclists. f) The revised proj ect would not conflict with adopted policies supporting alternative transportation. The project encourages alternative transportation opportunities through the incorporation of a BRT line, and the provision of a park and ride facility. 6 1~'30 g) No rail, navigable waters or aircraft facilities exist in the vicinity of the project site; therefore, the revised project would not result in any rail, waterborne or air traffic impacts. h) The revised project would result in a net reduction in traffic generation over the previous project. The revised project would result in the generation of an estimated 48,560 average daily trips (ADT), as compared to 48,600 trips with the previous project. The revised project reflects changes to internal circulation and relocation of the BRT, but does not change the square footage or result in a significant increase in traffic delays. Therefore, no new significant traffic impacts were identified with the revised project. Mitigation: No additional mitigation measures are required with the revised project. Mitigation measures given in the EIR for the previous project will apply. Refer to the August 16, 2004 Traffic Impact Analysis prepared by Linscott, Law & Greenspan for the revised project. Potentially VII. BIOLOGICAL RESOURCES. Would the Potentially Significant Less than Signil1cant Vol", Significant N. proposal result in impacts to: Impact Mitigated Imp''' Imp''' a) Endangered, sensitive species, species of 0 0 0 iii concern or species that are candidates for listing? b) Locally designated species (e.g., heritage 0 0 0 iii trees)? c) Locally designated natural conununities (e.g., 0 0 0 iii oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian and 0 0 0 iii vernal pool)? e) Wildlife dispersal or migration corridors? 0 0 0 iii t) Affect regional habitat preservation planning 0 0 0 iii efforts? Comments: a) Development of the project site could result in potentially significant direct impacts to biological resources present onsite or inunediately adjacent to the proposed development. Potential impact. to burrowing owl, northern harrier, and foraging raptor habitat were identified with the pr~vious project. Because the limits of grading will not change, the revised project does not result in any impacts beyond those identified in EIR-02-04. b) No additional significant impacts to locally designated species would occur with the revised project as compared with the previous project. The revised project does not result in any impacts beyond those identified in EIR-02-04. c) No sensitive habitats occur within the project site. As the site is heavily disturbed, the diversity of plant species onsite is very low. The modified project does not result in any impacts beyond those identified in EIR-02-04. d) No wetland habitat is present within or immediately adjacent to the proposed development area. The revised project does not result in any impacts beyond those identified in EIR-02-04. 7 /~~?f m'.'.___··..~,_,__._..,.__.____._____..__ ---, - ---~-,,-,,------,--_._._---. .---~_._-- ----------------- e) The project site is not within tbe proposed preserve area of the City's draft MSCP Subarea Plan. As the site does not support sensitive habitat, the project would not affect regional habitat preservation planning efforts. The project would convey land to the Otay Ranch Preserve as guided by the Otay Ranch Resource Management Plan. The revised project does not result in any impacts beyond those identified in EIR-02-04. j) See VILe above. Mitigation: No additional mitigation measures are required with the revised project. Mitigation measures given in the original EIR will apply. PotentiaUy VIII. ENERGY AND MINERAL RESOURCES. Potentially Significant Less than Significant Unl~ SignifkaDt No Would the proposal: ImP3f;:t :Mitigated Impact Impact a) Conflict with adopted energy conservation 0 0 0 ¡¡;] plans? b) Use non-renewable resources in a wasteful and 0 0 0 ¡¡;] inefficient manner? c) If the site is designated for mineral resource 0 0 0 ¡¡;] protection, will this project impact this protection? Comments: a) The revised project would not conflict with any adopted energy conservation plans. b) The proposed FC development would be designed to meet or exceed all applicable energy efficiency regulations per State Regulations, Unifonn Building Code Title 24. There are no proposed features or aspects of the revised project that would result in the wasteful or inefficient use of non-renewable resources, c) The State of California Department of Conservation has not designated the project site for mineral resource protection. Mitigation: No mitigation measures are required. PotentiaUy IX. HAZARDS. Would the proposal involve: Potentially Significant LesstbaD Significant UnI~ Sipific3nt No Impact Mitigated IlDpact Impact a) A risk of accidental explosion or release of 0 0 0 ¡¡;] hazardous substances (induding, but not limited to: petroleum products, pesticides, chemicals or radiation)? b) Possible interference with an emergency 0 0 0 ¡¡;] response plan or emergency evacuation plan? c) The creation of any health hazard or potential 0 0 0 ¡¡;] health hazard? d) Exposure of people to existing sources of 0 0 0 ¡¡;] potential health hazards? e) Increased fire hazard in areas with flammable 0 0 0 IšI brush, grass, or trees? 8 I~ 32... Comments: a) Potentially significant impacts related to hazardous materials could result from implementation of the FC site because hazardous materials could be used or transported to the site as a result of the proposed commercial uses. The revised project does not result in any impacts beyond those identified in EIR-02-04. b) The revised project would not result in interference with an emergency response plan or emergency evacuation plan, according to the Fire Department and Police Departments. The proposed circulation plan and project design would eliminate any stacking or circulation conflict. All access roads will meet Chula Vista Fire Department turning radius measurements and provide access ways within the project site. The project does not result in any impacts beyond those identified in EIR-02-04. c) See DCa. d) See DCa. e) The revised project is not expected to result in significant impacts related to increased fire hazards due to flammable brush, trees or grass. Mitigation: No additional mitigation measures are required with the revised project. Mitigation measures given in the original EIR will apply. Potentially X. NOISE. Would the proposal result in: Potentially Significant Less than Significant Unless Sipùncant N. Impact Mitigated Impact Im_ a) Increases in existing noise levels? 0 0 0 I!I b) Exposure of people to severe noise levels? 0 0 0 I!I Comments: a) The revised project would not result in an increased level of activity and traffic on and around the property beyond that which was identified and evaluated in EIR-02-04. The modified project does not result in any impacts beyond those previously identified in EIR-02-04. b) See X.a. above. Tbe revised project is not anticipated to result in an increased exposure of people to severe noise levels. Mitigation: No additional mitigation measures areTequired with the revised project. Mitigation measures given in the original EIR will apply. Potentially XI. PUBLIC SERVICES. Would the proposal have PotentiaD¡ Significant LesslhaQ Significant Un!... Significant N. an effect upon, or result in a need for new or Impact Mitigated Impact 1m.." altered government services in any of the following areas: a) Fire protection? 0 0 0 I!I b) Police protection? 0 0 0 I!I c) Schools? 0 0 0 I!I 9 /~ ""3d ------_._----~,~._..._~ ---_.,--_..._-,--_._-~---,-,---- ------_.- d) Maintenance of public facilities, including 0 0 0 0 roads? e) Other governmental services? 0 0 0 0 · Comments: a) The revised project would not create an increased need for fire protection services, since the allowable square footage has not changed. The revised project would not result in an increased need for new or altered fire protection servIces over the approved project and would not result in any new impacts beyond those identified in EIR-02-04. b) The revised project would not create an increased need for police protection services, since the square footage of the proposed use is not changed. The revised project would not result in an increased need for new or altered police protection services over the approved project and would not result in any new impacts beyond those identified in EIR-02-04. · c) The revised project is a commercial use and would not induce significant population growth nor result in adverse impacts to public schools or need for additional public schools. The applicant would be required to pay school fees; however, an alternative fmancing mechanism, such as participation in or annexation to a CFD, is allowed by the Chula Vista Elementary School District. d) The revised project would be maintained entirely by the property owner. e) The revised project would not result in an increased need for governmental services as compared to the previous project, as the overall square footage and building density have not · been changed and the proposed use remains the same. Mitigation: No additional mitigation measures are required with the revised project. Mitigation measures given in the originaJ EIR will apply. Potentially Potentially Significant Less than Significant Unless SignifIcant No Impa« Mitigated Impact IlI.lpact XII. Thresholds. Will the proposal adversely impact 0 0 0 0 the City's Threshold Standards? PotentiaUy Potentia!)y Significant J..esslhan Significant Un!... ;)igxuJkant No Impact Mitigated Impact Impact a) Fire/EMS 0 0 0 0 The Threshold Standards requires that fire and medical units must be able to respond to all calls within 7 minutes in 80% ofthe cases (measured annually). Comments: Thresholds for fire protection services will ultimately be met as population growth in the area continues and new stations are constructed with VilJages Two and Nine of the Otay Valley parcel and within Village Thirteen of the Proctor Valley Parcel. As applicable, fire service facilities wilJ be financed through the payment of fees and phasing of development of the FC site. As explained in Section XI, the revised project does not increase the demand for fire protection services over that of the approved project. Mitigation: No additional mitigation measures are required with the revised project. Mitigation measures given in the original EIR will appJy. 10 - , /~-3 f Potentiaßy Potentially Signiflcant Less than Significant Unless SignÜlcant No Impact Mitigated Impact 1m_ b) Police 0 0 0 ¡¡; The Threshold Standards require that police units must respond to 81 % of Priority 1 calls within 7 minutes and maintain an average response time to all Priority 1 calls of 5.5 minutes or less. Police units must respond to 57% of Priority 2 calls within 7 minutes or less and maintain an average response time to all Priority 2 calls of 7.5 minutes or less. Comments: Thresholds for law protection services will ultimately be met as population growth in the area continues and new stations are constructed with ViJ1ages Two and Nine of the Otay Valley parcel and within Village Thirteen of the Proctor Valley Parcel. As applicable, law service facilities will be financed through the payment of fees and phasing of development of the FC site. The revised project does not increase the demand for law protection services over that ofthe approved project. Mitigation: No additional mitigation measures are required with the revised project. Mitigation measures given in the original ElR will apply. Potentially Potentially Significant Lesstban Significant Unless Significant No Impact Mitigated Impact Impact C) Traffic 0 0 0 ¡¡; 1. City-wide: Maintain LOS "c" or better as measured by observed average travel speed on all signalized arterial segments except that during peak hours a LOS "0" can occur for no more than any two hours of the day. 2. West of 1-805: Those signalized intersections, which do not meet the standard above, may continue to operate at their current 1991 LOS, but shall not worsen. Comments: The project site is located to the east of 1-805. The revised project would not increase the land use intensity or traffic generated over the previous project, and the proposed square footage of the FC development would remain unchanged. According to the traffic analysis prepared by Linscott, Law & Greenspan (August 16, 2004), the revised project would not result in increased traffic impacts over the approved project. As discussed in the EIR, all roadway segments and intersections within the project area were calculated to operate at acceptable levels of service with the addition of project traffic. Mitigation: No additional mitigation measures are required with the revis~d project. Mitigation measures given in the original ElR will apply. Potentially Potentially Significant Less than Significant Un"" Significant No Impact Mitigated Impact Impact d) Parks/Recreation 0 0 0 ¡¡; The Threshold Standard for Parks and Recreation is 3 acres of neighborhood and conununity parkland with appropriate facilities per 1,000 residents east of Interstate 805. Comments: Since the project does not include the construction of residential units, there is no park impact. Mitigation: No mitigation measures are required. 11 /~J5" ---., ___.~....u .---.---......-.--..- - --- -------...- --..--..-.--.- --~-_..._-----_._,._---_...~--~-- -,..---------. Poteølially Potentially Significant Less than Significant UnJess Significant No lu:apatt Mitigated lu:apad Impatt e) Drainage 0 0 0 181 The Threshold Standards require that storm water flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: A final drainage study will be prepared in conjunction with the preparation of final grading and improvement plans and properly designed drainage facilities will be installed at the time of site development. Surface runoff will be collected on-site and discharged into the existing City storm drainage system; the revised project will not result in additional significant impacts to the City's storm drainage system as compared to the approved project. Refer to the March 3, 2004 letter prepared by Rick Engineering Company which concludes that recommendations outlined in the EIR adequately address the post- construction BMP requirements for a planning level study for the revised project. Mitigation: No additional mitigation measures are required with the revised project. Refer to the March 3, 2004 Jetters prepared by Rick Engineering Company and P&D Consultants. Mitigation measures given in the original EIR will apply. Potentially Potentially Significant Less than Signifit'ant Unless Significant No IDIpact Mitigated lu:apatt Impad t) Sewer 0 0 0 181 The Threshold Standards require that sewage flows and volumes not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Plan(s) and City Engineering Standards. The proposed project will comply with this Threshold Standard. Comments: The revised project does not result in an increased demand for sewer services or ~;gnificant impacts beyond what was analyzed in the previous EIR. Proper engineering design of required sewer improvements to serve the project will ensure that sewage tIows and volumes will not exceed City Engineering Standards. Refer to the March 3, 2004 letter prepared by PBS&J which concludes that the revised project will not result in additional significant impacts, as the gross parcel area and the total building area remain the same as the approved project and, therefore, represent the same densities and building area as that assumed in the Freeway Corrunercial Conceptual Sewer and Water Studies. Mitigation: No additional mitigation measures are required with the revised project. Refer to the March 3, 2004 letter prepared by PBS&J regarding the sewer and water studies. Mitigation measures given in the original EIR will apply. 12 {). '. ;?, '", .. t ./'....-if Potentially Potentially Significant Less than Significant Unl~ Sipificant No hupact Mitigated hupact 1m""", g) Water 0 0 0 ~ The Threshold Standards require that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Standard. Applicants may also be required to participate in whatever water conservation or fee off- set program the City of Chula Vista has in effect at the time of building pennit issuance. Comments: Refer to the March 3, 2004 letter prepared by PBS&J which concludes that the revised project would not result in additional significant impacts, as the gross parcel area and the total building area remain the same as the approved project and, therefore, represent the same densities and building area as that assumed in the Freeway Commercial Conceptual Sewer and Water studies. Mitigation: No additional mitigation measures are required with the revised project. Mitigation measures given in the EIR will apply. Potentially XIII. UTILITIES AND SERVICE SYSTEMS. Would PotentiaDy Significant Less than SignU1Cant UnJess Significant No the proposal result in a need for new systems, or Impact Mitigated Impact 1m""", substantial alterations to the following utilities: a) Power or natural gas? 0 0 0 ~ b) Communications systems? 0 0 0 ~ c) Local or regional water treatment or 0 0 0 ~ distribution facilities? d) Sewer or septic tanks? 0 0 0 ~ e) Stonn water drainage? 0 0 0 ~ t) Solid waste disposal? 0 0 0 ~ Comments: a) The project site is located within an urban area that is served by all necessary utilities and service systems. Any alterations to existing utilities and service systems and connec(¡ons ,0 mch utilities and systems that are necessary in order to adequately service the proposed development would be implemented by the developer, subject to the approval of the City of Chula Vista, as well as appropriate utilities and service providers. Since the allowable square footage of the revised project would not change relative to the previous project, the revised project would not result in any impacts beyond those identified in EIR-02-04. b) See XIII.a. c) As with the previous project, the revised project would result in an incremental increase in the need for recycled water and place additional demands on water storage and pumping facilities. Infrastructure improvements for such facilities are described in the Planning Area 12 FC PFFP and SPA Plan. Development impact fees will be required to mitigate potential impacts. Since the allowable square footage (and area of development) of the revised project would not change relative to the previous project, the revised project would not result in any impacts beyond those identified in EIR-02-04. /..), -.3 7 13 _______mr_____ _ ____ .__~_~_..___.________,__~~______.,,___,,_ · d) See XII.f. e) See XII.e. /) See XIII.a. Mitigation: No new significant impacts would occur with the revised project. Mitigation measures given in the previous EIR would apply. · Potentially PotentbUl Slgnifkant Lesstban Significant Uuless Significant No XIV. AESTHETICS. Would the proposal: Impact Mitigated Impact Im..ct a) Obstruct any scenic vista or view open to the 0 0 0 II 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 II scenic rou te? · c) Have a demonstrable negative aesthetic effect? 0 0 0 II d) Create added light or glare sources that could 0 0 0 II 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 II Comments: · a) No significant scenic vistas or views open to the public exist through the site. b) There are no scenic vistas in the area, nor are there any designated scenic highways. c) The project site would result in an overall change to topography of Otay Ranch area topography and landscape from predominantly rural to more urban/developed character and the existing visual character would be degraded. The original EIR identified significant unmitigatabk impact:; resulting from grading and development of the undeveloped site. No mitigation measures were identified to reduce the impact resulting from the change in land use to less than sIgnificant and a statement of overriding considerations was adopted. The revised · project would not result in any impacts beyond those identified in EIR-02-04 d) Proper architectural design would ensure compliance with Section 19.66.100 of the Chula Vista Municipal Code. Exterior lighting would not be directed upward and would be designed and installed, with appropriate shielding if necessary, to ensure that light does not spill beyond the limits of the development area onto adjacent roadways or surrounding areas. The revised project would not result in any impacts beyond those identified in EIR-02,04 e) See XN.d. Mitigation: No new significant impacts would occur with the revised project. Mitigation measures · given in the previous EIR would apply. /~ '?3 14 '-'. J.. '_/ ...~ Potentially XV. CULTURAL RESOURCES. Would the PotentiaJ]y SignificaDt Less than Significant UnJm SignñlC3nt No proposal: Impact Mitigated Impact Impact a) Result in the alteration of or the destruction or 0 0 0 1<1 a prehistoric or historic archaeological site? b) Result in adverse physical or aesthetic effects 0 0 0 1<1 to a prehistoric or bistoric building, structure or object? c) Have the potential to cause a physical change, 0 0 0 1<1 which would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within 0 0 0 1<1 the potential impact area? e) Is the area identified on the City's General 0 0 0 1<1 Plan EIR as an area of high potential for archaeological resources? Comments: a) No prehistoric or historic archaeological sites are known or are expected to be present within the impact area of the proposal. No new significant impacts would occur with the revised project. The project would not result in any impacts beyond those identified in EIR-02-04. b) No buildings or structures are present within the impact area of the proposal and no prehistoric or historic objects are known or are expected to be present within the impact area. No new significant impacts would occur with the revised project. The project would not result in any impacts beyond those identified in EIR-02-04. c) The physical changes required by revised project would not affect unique ethnic cultural values. d) No religious or sacred uses exist within the impact area ofthe revised project. e) The project site is identified as an area of low potential for cultural resources. No prehistoric or historic resources have been identified on the property and therefore, the potential for impacts to archaeological resources is considered to be less than significant. No new significant impacts would occur with the revised project. The project would not result in any impacts beyond those identified in EIR-02-04. Mitigation: No neW significant impacts would occur with the revised project. No mitigation measures are required. ~ .-"..... " . ~-:> ï 15 - - --- --,... .------- - +-------------_._----~------------- ------~---_. Potentially Potentially Significant Lesstban Signi.rKant Unl~ Significant No Impact Mitigated Impact Impact XVI. PALEONTOLOGICAL RESOURCES. Will the 0 0 0 0 proposal result in the alteration of or the destruction of paleontological resources? Comments: The previous EIR determined that grading impacts from development of the site could result in potentially significant impacts to buried paleontological resources. Mitigation in the form of monitoring to reduce impacts to less than significant is proposed. No new significant impacts were identified with the revised project. The revised project would not result in any impacts beyond those identified in EIR-02-04. Mitigation: No new significant impacts would occur with the revised project. Mitigation measures given in the previous EIR would apply. Potentially XVII. RECREATION. Would the proposal: Potentially Significant Lesstha¡:a Signmcanl UnJess Significant No Impact Mitigated Impact Impact a) Increase the demand for neighborhood or 0 0 0 0 regional parks or other recreational facilities? b) Affect existing recreational opportunities? 0 0 0 0 c) Interfere with parks & recreation plans or 0 0 0 0 programs? Comments: a) The revised project is for a [¡-eeway commercial use, with no increase in proposed square footage above the previous project. No housing is proposed and the project would not induce significant population growth. Thus, the project would not create an increased demand for neighborhood or regional parks or faciJities. The revised project would not result in any impacts beyond those identified in EIR-02-04. b) The revised project. would not create a significant impact to eXlstmg recreational opportunities in the area. The revised project would not result in any impacts beyond those identified in EIR-02-04. c) According to the Parks and Recreation Element of the General Plan, the project site is not planned for any future parks and recreation facilities or programs. The revised project would not result in any impacts beyond those identified in EIR-02-04. Mitigation: No mitigation measures are required. 16 /-1-10 Potentially Signific8Dt Less than Potentially Unl~ Significant No SignifkaJIt Mitigated Impact Impact Imp,"" 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 0 181 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: Development of the project site could result in potentially significant direct impacts to biological resources present onsite or immediately adjacent to the proposed development. Potential impacts to burrowing owl, northern harrier, and foraging raptor habitat have been identified with the previous project. There are no known cultural resources on the site. The revised project would not result in any impacts beyond those identified in EIR-02-04. Mitigation: No new significant impacts would occur with the revised project. Mitigation measures given in the previous EIR would apply. b) Does the project have the potential to achieve 0 0 0 181 short-term, to the disadvantage of long-term, envirornnental goals? Comments: The revised project would not affect long-term environmental goals of the City because the project is consistent with the City of Chula Vista General Plan and the Draft City of Chula Vista Multiple Species Conservation Program Subarea Plan. The revised project would not result in any impacts beyond those identified in EIR-02-04 Mitigation: No mitigation measures are required. 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 revised project does not result in an increase in cumulative impacts beyond those identified in EIR-02-04. Mitigation: No new significant impacts would occur with the revised project. Mitigation measures given in the previous EIR would apply. 17 .,,-, /~)-l// _______~__ n___~' ----~---_.._--~---- ._---~---~---_.--------- d) Does the project have environmental effects 0 0 0 181 whjch wi1l cause substantial adverse effects on . human beings, either directly or indirectly? Comments: As with the previous project, potentially significant impacts related to hazardous materials could result rrom the revised project since hazardous materials could be used or transported to the site as a result of the commercial facility. Impacts would be reduced to a level that is less than significant through adherence to relevant regulations of federal, state, and local agencies. The revised project would not result in any impacts beyond those identified in EIR-02-04. Mitigation: No new significant impacts would occur with the revised project. Mitigation measures given in the previous EIR would apply. . XIX. PROJECT REVISIONS OR MITIGATION MEASURES: Project mitigation measures are contained in the Freeway Commercial EIR (EIR-02-04) and associated Mitigation Monitoring and Reporting Program. No new mitigation measures are required for the revised proj ect. References: General Plan, City of Chula Vista Otay Ranch Planning Area Twelve Freeway Commerical Sectional Planning Area (SPA) Plan Second Tier Environmental Impact Report P&D Consultants Letter dated March 3, 2004 Rick Engineering Company Letter dated March 3, 2004 PBS&J Letter dated Marcb 3, 2004 Geotecbllics Incorporated Letter dated February 26, 2004 LLG traffic analysis dated August 16, 2004 J/planning/steve:xpJenvironmentaJ documents/freewaycommercialleir review/finalchecklist ~, 1~ " ' . 18 ic..< XX. AGREEMENT TO IMPLEMENT MITIGATION MEASURES By signing the line(s) provided below, the Property Owner and Operator stipulate that they have read, understood and have their respective company's authority to and do agree to the mitigation measures contained within EIR-02-04, and will implement same to the satisfaction of the Environmental Review Coordinator. Printed Name and Title of Property Owner Date (or authorized representative) Signature of Property Owner Date (or authorized representative) Printed Name and Title of Applicant/Operator Date (if different from Property Owner) Signature of Applicant/Operator Date (if different from Property Owner) Printed Name and Title of Applicant/Operator Date (if different from Property Owner) Signature of Applicant/Operator Date (if different from Property Owner) NOT APPLICABLE I9 " ' A·Ljd - --_.,--~--_.,' _.---~.._._.."."'_.._--.~---~ ---. _._._--~._.__._-- . XXI. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. D Land Use and Planning D Transportation/Circulation D Public Services D Population and Housing D Biological Resources D Utilities and Service Systems . D Geophysical D Energy and Mineral Resources D Aesthetics D Water D Hazards D Cultural Resources D Air Quality D Noise D Recreation D Paleontological D Mandatory Findings of Significance Resources XXII. DETERMINATION: On the basis of this initial evaluation: 1 find that the proposed project COULD NOT have a significant effect on the D environment, and a NEGATIVE DECLARATION will be prepared. 1 find that although the proposed project could have a significant effect on the D environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and D an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment. but D at least 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 ENVIRONMbNTAL IMPACT REPORT is required, but it must analyze only the etfects that remain to be addressed. ø I find that aJthough the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. An addendum has been prepared to provide a record of this determination. l?~/O~~· GY/ø)of I ( Marilyn R.F. Ponseggi Date Environmental Review Coordinator 20 /~ 'if If 1.0 Ex.ecutive Summary CHAPTER 1.0 EXECUTIVES~ARY 1.1 INTRODUCTION AND BACKGROUND This document is a Second Tier Environmental Impact Report (EIR) that addresses the adoption of a Sectional Planning Area (SPA) Plan for Planning Area 12 Freeway Commercial (PC) portion of the Otay Ranch General Development Plan (GDP). A Tentative Tract Map (TM) also accompanies the application for a SPA Plan, This EIR will be "tiered" from the previously certified Final Program Environmental Impact Report Otay Ranch (EIR 90-01) that was prepared for the larger General Plan- level Otay Ranch GDP EIR in the early 1990s. A copy of EIR 90-01 is located at the City of Chula Vista offices. Tiering is discussed in more detail in Section 2.0 of this EIR, Introduction. This EIR addresses the potential environmental impacts of a SPA Plan and a TM for the Planning Area 12 FC site of the Otay Ranch GDP. This project area is the Otay Ranch Planning Area 12 Freeway Commercial Sectional Planning Area, or, in shortened form, the FC site. All statements in this document that use the phrase Freeway Commercial or the abbreviation "FC" refer .to Otay Ranch Planning Area 12 Freeway Commercial Section Planning Area.. Another phrase used throughout this document is the Freeway Commercial SPA Plan and it refers to the same area. The proposed 132.9-acre project site has been identified in the Otay Ranch GDP for freeway-oriented commercial uses that are anticipated to occur within this portion of Planning Area 12. Approximately 120.5 acres of the 132.9-acre site would be utilized for cornmercial purposes, and 12.4 acres would be used for circulation, A specific and more detailed description of the project features is contained in Chapter 4.0, Project Description, of this EIR. 1 .~ PROJECT LOCATION ."- The City of Chula Vista is an incorporated city located about 12 miles south/southeast of the downtown area of the City of San Diego, California. Chula Vista is presently about 50 square miles in extent. The FC site is located within the Eastern Territories Planning Area in the City of Chula Vista. Please refer to Figures 1-1, 1-2, 1-4, and 1-5 for specificlocational information. Figure 1-3 is a General Plan Map for the City of Chula Vista. Otay Ranch Planning Area 12 EIR - Freeway Commercial Page 1-1 lKl92 CHAPTER Ol.d« 1ßlAll Attachment 3 /~.r¡;- . .. ----..- ~ ..--"..----.-.- .._---~.._.._------_._---_._~_._.__._-_.~.._.._-- / ORANGE /' COUNTY, ;J _,_---n--; f,.......... ''''''''"-~ jf ¡"",,,,,,_ ". '---'-_____ RIVERSIDE COUNTY ,___,-_ ;:~!-' \ L_____ ~--------_.-_.------ f ··....'....'i-s.,.,···,··.. .... SAN DIE GO CO U N TY :: .-. --~ ....: . /..f ~ånbrook Camp ¡ Pala Palomar Pendlelon L......., Mountain ¡ Lake Henshaw " .' Valley Center ç.ÇJLake Wohlford Sutherland Reservoir Lake Rancho Hodges Bernardo J.'. ·Ele,p;tan . ......... Reservoir Alpine c:fJ Loveland Resef"l1O;r O Figure 1-1 " Ot3y Ranch Planning Area 12- Freeway Commercial Regional Location Map No Scale ütay Ranch Planning Area 12- Freeway Commercial IK192 OIQ.Y Ranc;h\Fig"""s\Fig 1-1 R.(g Mop gry 6I3ÆZ .-' do /b1-./ ,'7 JjU"" Ol"'y Re$ervoi, East "H" St reet '" '" ~ Village o 2 :D " ::> n ::r '" è PLANNING AREA 12 FREEWAY COMMERCIAL Source: Cinli Land Planning 2002 Figure 1-2 0 Vicinity Map Freeway Commercial Site No Scale Otay Ranch PlanningAreal2- Freeway Commercial JK192 Oray Ranclt\Eiguru\Fig /-1 Wcin Mðp (braJ,vdJ 7ß0I02 /:...{-17 - .,-.....--- ------~ -... ..-..,--------.-.-- .-..._-,-_.._..__._----------~_.._---- 1.0 Executive Summary The 132.9-acre project site is located in the northeastern portion of the Otay Valley Parcel of the . 22,899- acre Otay Ranch GDP project area, The Otay Valley Parcel is the largest of the three parcels that comprise Otay Ranch and is about 9,500 acres in size. TeJegraph Canyon Road and the Eastlake community border this parcel on the north; Lower Otay Lake and the Arco Olympic Training Center are the eastern lirrrits; the Otay River Valley encompasses the southern lirrrits; and other recent developments, including Sunbow I and II, the Otay Landfill, and the Coors Amphitheater and Water Park, are the western lirrrits, The other two Otay Ranch development areas are the Proctor Valley Parcel and the San Ysidro Mountain ParceL The project site, which comprises the FC portion of Planning Area 12 in the adopted Otay Ranch . GDP, is specifically located east of the future alignment of State Route (SR)-125, south of the alignment of Olympic Parkway, and north of the future alignment of Birch Road in the City of Chula Vista. The future alignment of the southern extension of Eastlake Parkway forms the easterly boundary. Olympic Parkway has recently been completed adjacent to the northwestern boundary of the project site. The partially deveJoped community of Eastlake is located to the north. It is primarily developed with residential uses and includes both commercial and industrial park components farther north near Otay Lakes Road. 1.3 PROJECT DESCRWfION This project involves the implementation of the Planning Area 12 FC SPA Plan within the Otay Ranch GDP and includes the development of the FC parcel and a TM on the 132.9-acre parceL The Planning Area 12 FC SPA Plan and conceptual TM will refine and implement the land use plans, goals, objectives, and policies of the Otay Ranch GDP (as amended), focusing on the FC portion of the GDP. The proposed project includes only the FC site. It does not include the Eastern Urban Center (EUC) property to the south, which is also located within Planning Area 12. The EUC property will undergo its own separate environmental review and planning process at a later date. Specific project development details identify -approximately 120.5 acres of the site designated for Freeway Commercial Use, and 12,4 acres designated for circulation. A total of 1,215,000 square feet of commercial uses would be allowed in the SPA area with a Floor Area Ratio (FAR) of .25. It would also include room for a light rail alignment or other transit way and a station site to be reserved for the San Diego Trolley, and a park -and-ride component for commuter parking III the Page 14 Otay Ranch Planning Area 12 EIR - Freeway Commercial lXJ92 CHA.PTER 01.4« JßJ¡f)j , /,,(-{I ./ -.., , :;;~ E'" 6'ø'ë ~ ~ ø s " ;;: ;"/;"-_._-1"'_0- , ,g " " ¡ '" i...__ ¡ U , , ~ ¡_o_._." ¡ 0 ¡ (_._t '" , ,._i Ö , ", ¡_._._._.i ¡ " II , ". , ¡, II·, ¡ ¡ --, ¡¡ , , ! J! II Ii "', , ¡ ¡ " ¡ , o. .- , .« .- ¡ , ¡ ¡-fl i ". , ,---- -'- '. Lrj ~ 1;/1 I , -- ,I¡. I , --, q.! i . I. ,Iii i ,- ¡¡illl; -, , , ¡I'rl!ill i :r 1::: ~ ~:: ! ¡ .-.-.--) : i'ì J ¡ ,¡);i!¡¡1 L_._.J'"' I r-'-~ ,_oj , L._.-i ! ,.--. , f-J i 1 > I t_ . _.J ¡ f ¡¡ 11 n_ , , ! lid! , , 11 i ¡ ¡. i !.¡l ~ tl II , h\ i /1"-.-; LTl ~1 . ,- .. -- ¡ ,--.~ -,- ., '¡ -- ¡! '¡' ,) II ~ .. 51 I. U /l, ¡ .JHlii j'í ¡ ..', lliî " , ¡ . i ;L~ ~ J~ j U f .1 i1 . i¡i ~J j 'ï I ' 'I ¡¡¡!it .11 I : ii. ~ :. ~ I - .11 f; ~ . ' w ddd¡ i ~ , .! ~ -' , I ~ ~ !t1n!, ¡ i ! , ..J UJ" UJ,z C .\ I. \ , ' ~ ~, \ f¡ ,» ¡) ~ i5;>;Š ~ \_'___'_'-.-'-.-.---'-._'_'_0./0 ___..J ~II¡¡ 5~ ! ªi! ! ~, :I: J ffio, ð~ u~ "'" [I ttt o'!l ~, ::! ~:) ·êí ," /.J- 1:1/'1 0 if - "'E ;:0- õŠ - -- , - .. ~ - - - - - -- - _~M I Source: City of Chula Vista. Ginti Land Planning Figure 1-4 0 Location Map Otay Valley Parcels No Scale Otay Ranch Planning AreaO 12- Freeway Commercial GropJrics\JK/92 OlayRanchlFïguns\Fig J-4LOC MAPN£W lip 10-11411 /-1-6-,) - 1.0 Executive Summary commercial area, Development of the area would be phased, dependent upon public facility improvement needs and real estate market conditions, Although it is anticipated that there would be a balanced grading operation, with about 1,620,000 cubic yards of grading for the entire site, there may be the need for some limited import/export involving the EVC site. Maximum heights of graded slopes would be 27 feet for cut slopes and 50 feet for fill slopes at a 2: 1 slope ratio. Grading has already occurred in the northern portion of the lot under a previously approved discretionary action related to the Village 6 property immediately to the west. As a part of the approval of Village 6, a borrow/storage site was analyzed in the Village 6 EIR within the northern portion of the FC site, In addition, grading for the extension of Olympic Parkway along the northern border of the property was approved and has occurred, further altering the landform on the FC site. The southern portion of the FC site has not been graded. 1.4 AL TERNA TlVES TO THE PROPOSED PROJECT Three alternatives to the proposed project are evaluated in this EIR - the Califomia Environmental Quality Act (CEQA) mandated No Project Alternative, a Reduced Intensity Alternative, and an Office with Freeway Commercial Alternative. The No ProjectINo Development Alternative assumes that the area within the FC site would not be developed, The FC site would continue to be used for agricultural purposes. The Reduced Intensity Alternative would allow the development of approximately 908,000 square feet of commercial space witlùn the FC area, which is the amount of commercial density assumed in the fiscal analysis done for the GDP. The Office with Freeway Commercial Alternative would allow the development of 1,135,000 square feet of retail commercial uses and professional administrative office uses. The alternatives are addressed in more detail in Chapter 10.0, Project Alternatives. 1.5 SUMMARY OF ENVIRONMENTAL EFFECTS Table 1-1 provides a sUII1U1ary of the environmental effects that could result from implementation of the proposed project, potential mitigation measures, and the level of significance after Implementation of the proposed mitigation measures. Page 1,8 Otay Ranch Planning Area 12 EIR - Freeway Commercial IKl92CH^!'T£ROI.do<- JßlAß ......- I~".]/ _.__.___,,~ _ . _UM _~_. . ,___.....u....,._.,........._.__.__._..__.__._____._ u___.·····____·._._..._____ ~.c.. 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S ..._ ~"; :~go~ "C c 1::) "0 I::i e'O ë ~·gt :a~-";e'l U ., .. '_ ,d hu.. /~. ð__ .. ~ 0 "', ,__ _ _ PI~nning &, Building Dep;¡rtment Planning Dlvls!on Development Processing Disclosure Statement Pursuant to Council Pofrey 101-01, prior to any action upon mattersthal will require discretionary acI!on by the Council, Planning Commission and all otlte-r offi<:ial bodies of theClty, a statement of disclosure of certain ownership or f!rninclal Inte",sts, payments, or campaign contribll!ions for a City of Chula Vista election must be mad. The foflowing infbrmalion mvst be disclosed: 1. ll$l the names of all persons having a financial inlerest In the pl'Oþerty lhat Is the su!¡Ject of thè appllcalfon or the contract, e,g., owner, appliœnl contractor, subcontractor, material supplier. GcncmJ Gro\'I;,th J)roper1ics, lnc (a puhlicly traded comp:my on the NY Stoçk E",,) McMillin Companies 2, If any person' identified pursuant 10 (1) ab<>ve is a corporation or partnership, list thè nal11!!$ of all irKIivldual$ wíih a $2000 investment in tM b\Jsine-ss (corporation/partne-rShip) entity. Gcncrnl GrO\\1 h Properties, Inc, is a publicly Imd" cumpany on ¡he New York Stock E,''Change McMíllin Companies 3. 1/ any person· identified purs\I3I11 to (1) above is a non-profil organization or trust, list the names of any person setving asdireclor of the non-profit organization or as trustee or bEneficiary or trustor of the trust. 4. Please identify every person. Inc!vding any agents. empJoyees, consuJlanls, orlndependant contractors you have assigned 10 represent you before the City In Ihis malter. John B'crj!slrom Douulas ":~Cb:JM Kris Lones-on G'lTyC;n! David F. Pund Chuck Moorc 5. Has any person' associated with this contract had any financial dealings with an offldal" of the City of Chula Vista as it relates to this contract within the pasl12 months. Yes_ N0---L If Yes, brJelly describe the natur¡¡ of the financial interest the offlclel" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (1.2) months to a currnnt member of the Chute Vista City Council? No..! Yes _ 11 yes, which Council member? 276 Fourth Avenue I Chula Vista I California. I 91910 I {619} 691-5101 1..' /L ATTACHMENT 9 ,ø-{ -/ City Of Cbula Vista Disclosure Statement - Page 2 . 7. H.íwe you provided more thar1 $340 (or an item of equivalent value) to an official''' of the CIty of Chula V!$ta in lIJe past twelve (12) monllJs? (This Includes being a source of inrome, money to retire a legal debt, gMt, !oao, etc.) Yes _ NO-1L If Y·es, wI1Ich offlclat*" and what wasllJe nature of Item provided? Date: 9vL.1J ~ - / Signature of t'ontraclor/Appllcanl <knernl GrOWlhPropertics. I..". By: Joh" Bergstrom, Sr. VP I'Tfnt or type name of ContractorfAppllcant . Person is defined as: any individual, ffrm. co-partnel'Sl1ip, joiI1t venture, associa!lol1. socia! club, fratemal organization, corþo\'atiol1. estate, trust, receiver, syndicaIe, any ollJer county, city, munJclpaJity, district, 01' other political 1Iubdivf$lon, -01' any other group or combination acting 911 a unit .. Official includes, but is not limited 10: Mayor, Council member, Planning Cornm!ssloner, Member of a board, commission, 01' committee of lIJe City, employee, or staff members. 276 Fourth Avenue Chula Vi$t> I C.llforn;" I 91910 I (619)691·5101 . I.~ ¡/ (/ t'~~ ô... "~--_._.,_..--,._--_._~---,_._--------~----~---,.....__.---.--..-..-"----.-- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN AND DESIGN PLAN WHEREAS, the property which is the subject matter of this Resolution is identified as Exhibit "A" attached hereto and commonly known as Planning Area 12 - Freeway Commercial, and for the purpose of general description herein consists of approximately 132.9 acres located in the area bounded by the existing and future roadways of State Route (SR-) 125, Olympic Parkway, Eastlake Parkway, and Birch Road within the Otay Ranch Planned Community ("Project Site"); and, WHEREAS, The City Council adopted the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan on April 1, 2003 by City Council Resolution 2003-132; and, WHEREAS, an application for an amendment to the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan and Design Plan ("Amendment") was filed with the City of Chula Vista Planning Department by the General Growth Properties, Inc. ("Applicant"); and WHEREAS, the application requests consideration of an amendment to Sectional Planning Area (SPA) Plan and supporting regulatory documents including Planned Community District Regulations and Design Plan for 132.9 acres known as "Otay Ranch, Planning Area 12 - Freeway Commercial" located in the north-central area of the Otay Valley Parcel, between the future extension alignment of Olympic Parkway, Eastlake Parkway, Birch Road and SR-125; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Freeway Commercial SPA Plan Final EIR 02-04 and that there is no significant new information and has, therefore, prepared an addendmn to the Final EIR. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission held a public hearing on said Amendment to Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan (PCM-04-15) 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 6:00 p.m. on August 25, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning , )) i '>- k".u: ,Ill"; . I - ---_.._.~.__._._-~-_.-._..--.- ._~~_._-----"- ----~ Page 2 Commission and the Planning Commission recommended approval of the Amendment and said hearing was thereafter closed; and WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on the Amendment to the Planning Area 12 - Freeway Commercial SPA Plan, and adopting the ordinance to approve the SPA's Planned Community District Regulations for Planning Area 12 - Freeway Commercial, namely 6:00 p.m. September 14, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 25, 2004 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has detennined that the proposed project will not cause any impacts other than those already covered in previously adopted Freeway Commercial SPA Plan Final EIR 02-04 and that there is no significant new information and has, therefore, prepared an addendum to the Final EIR. Thus, no further environmental review or documentation is necessary. The City Council has considered the addendum with the Final EIR 02-04 and hereby adopts the addendum. III. ACTION The City Council hereby approves the Amendment and all supporting regulatory documents including the Design Plan, involving approximately 132.9 acres of land known as "Otay Ranch, Planning Area 12 Freeway Commercial" based upon findings contained herein. The City Council finds that the Amendment 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 and zoning practice support their approval and implementation. N. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the addendum to the Freeway Commercial SPA Final Environmental ImpactReport (FEIR 02-04) reflects the independent judgment of the City Council of the City ofChula Vistà. /e-.{ < :l·.~-ø r.; (, v Page 3 V. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS The Amendment is consistent with the Chula Vista General Plan and the Otay Ranch General Development Plan, and the Amendment does not require any changes to the City Council's prior determinations that the SPA Plan met all applicable requirements, for the following reasons: A. THE SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE OT A Y RANCH GENERAL DEVELOPMENT PLAN AND THE CITY OF CHULA VISTA GENERAL PLAN. The Planning Area 12 Freeway Commercial SPA Plan area of Otay Ranch that creates vehicular-oriented freeway commercial uses and accornmodates a transit station and transit right-of-way reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. B. THE SECTIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Planning Area 12 - Freeway Commercial SPA Plan contains provisions and requirements to ensure the orderly, phased development of the Project. The Public Facilities Finance Plan specifies the public facilities required by the Freeway Cornmercial in order for it to function properly and not become a public burden, and also the regional facilities needed to serve it. C. THE SECTIONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch, Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan are designed with a 75-foot landscaped enhancement buffer along adjacent arterials. The project will provide a variety of vehicle-oriented freeway commercial land uses to serve nearby and regional residents and accommodates a transit station and right-of-way, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed SPA Plan follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay RaJ;lch, Planning Area 12 - Freeway Commercial Final Second-Tier Env,ironmental Impact Report (FEIR 02-04). J' " ,"Ö':'¿ _, (.r .""" Jf~, ,) ~",,1 -,. .------".._----~_.~,._-~----,_._-'-_.._-------_..__. Page 4 D. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The Planning Area 12 - Freeway Commercial SPA Plan includes on Freeway Commercial land use, which is considered appropriate for the area, location, and overall planning for the area in that such uses are called for in the GDP. They have also been evaluated for their adverse land use effects on proposed surrounding development and none have been identified. E. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General Development Plan and contains adequate internal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. Road improvements will be constructed per the timing and threshold requirements outlined in the Planning Area 12 - Freeway Commercial SPA Plan Public Facilities Finance Plan. F. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION. The location of the proposed vehicular-oriented freeway commercial project in the Planning Area 12 - Freeway Commercial is consistent with the goals and policies of the Otay Ranch General Development Plan and the City's General Plan. G. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATffiILITY WITH SAID DEVELOPMENT. The Planning Area 12 - Freeway Commercial SPA Plan is consistent with the approved plans and regulations applicable to surrounding areas, and therefore said development can be planned· and zoned III coordination and substantial compatibility with said development. The proposed Planning Area 12 - Freeway Commercial SPA Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, as amended. ;/, ¡;~J ./.-{ v F Page 5 VI. CONDITIONS OF APPRO V AL The City Council hereby approves the Amendment subject to the conditions set forth in Exhibit "B", attached hereto and incorporated in the Project. VIII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modifY all administrative approvals herein granted or which are based upon the approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel compliance and/or seek damages for their violations. In addition to the foregoing, the City shall have the right to pursue available procedures to rescind legislative approvals for the Project. Developer or successor in interest gains no vested rights by the City approval of this Resolution. IX. INVALIDITY It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every material term provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by the Court of competent jurisdiction to be invalid, illegal or unenforceable, the City Council shall retain its sole discretion to determine whether to revoke this resolution, and/or determine how to correct any deficiencies identified by the Court, which may involve the revision of terms, provisions or conditions not otherwise affected by the Court order. Presented by Approved as to form by J ~~ f~ J ames Sandoval Director of Planning and Building ." . ¡.t,... .;~, ""'~' /¡i't' {j" --- .~. ------..-----.. _._.._-_..._,~--------_...-------_.._-,~"-----_._-~---,..---. . EXHIBIT "B" OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT CONDITIONS OF APPROVAL . GENERAL PROVISIONS I. All of the te=s, 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 te= "Developer" shall also mean "Applicant". "Owners" refers to the property owners whose land is contained in the Freeway Commercial SPA Plan. "Project" shall mean the amendment to the Planning Area 12-Freeway Commercial Sectional Planning Area (SPA) Plan. The conditions of approval applicable to the Applicant contained herein supersede previous SPA plan conditions approved by the City Council on April 1, 2003. 2. If any of the te=s, covenants or conditions contained herein shall fail to occur or if they are, by their te=s, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their te=s, the City shall have the right to revoke or modify all administrative approvals to which the term, covenant, or condition applies, including issuance of building pe=its, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel compliance with said conditions and/or seek damages for their violation. In addition to the foregoing, the City shall also have the right to pursue all available procedures to rescind legislative approvals for the "Project." The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given an opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. 3. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges environmental review for the Project. Applicant and Owners shall indemnify, protect, defend and hold the City ha=less from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges t03ntitlements and approvals issued by the City in connection with the Proj ect. 4. Approval of the Otay Ranch Freeway Commercial SPA Plan does not constitute approval of the final lot configurations, grading, or street designs shown within the SPA plan. Modifications must be reviewed and approved by the City Engineer and Director of Planning and Building, the Planning Commission and/or the City Council during the tentative subdivision map process. 5. The Applicant and Owners shall comply with all requirements, guidelines, and policies of the City of Chula Vista including, but not limited to the following: its General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan; Otay Ranch Resource Management Plan; Overall Design Plan; Otay Ranch Freeway Commercial Final Environmental Impact Report (EIR) and addendum, Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan as amended, PC District Regulations, Design Plan and supporting documents including: Freeway Commercial ./,~ 1'/~""J ,'"",, . /{ Public Facilities Finance Plan; and the Air Quality Improvement Plan, Water Conservation Plan, and Non-Renewable Energy Conservation Plan. 6. The Applicant and Owners_shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18146 by the City Council on October 22, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 7. The Applicant and Owners shall implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 02-04 (SCH#1989010154), the candidate CEQA Findings and Mitigation Monitoring Program (Final EIR 02-04) for this project. (Planning and Building) 8. The Applicant and Owners shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) approved by the City Council on October 28, 1993, and Phase 2 Resource Management Plan (RMP2) , including the Preserve Conveyance Schedule, as approved by City Council on June 4, 1996, or as amended from time to time, and shall enter into an agreement with the City prior to the approval of the first Final Map for the Freeway Commercial project, in order to implement the provisions of the Phase 2 Resource Management Plan. (Planning and Building) 9. The Applicant and Owners shall· convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant and Owners shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination cannot be obtained, the Applicant and Owners shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each tentative map is subj ect to a condition that fee title shall be granted upon demand by the POM. The Applicant and Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. The Applicant and Owners shall maintain and manage the offered conveyance parcel consistent with the Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance parcel. (Planning and Building) 10. The Freeway Commercial project shall be included in the Preserve Maintenance District (Community Facility District 97-2) prior to the first final map and to the satisfaction of the City Engineer and the Director of Planning and Building. (Engineering, Planning and Building) Page 2 on ~íO /., '-7' ! ----.-.-.....-...-. -- ----.--.,-..-.-- - .-------+ 11. The Applicant and Owners shall obtain any necessary permits and 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. If required, Developer(s) shall apply for and receive a take permit/authorization from the U.S. Department ofFish and Wildlife or comply with the approved City of Chula Vista MSCP Subarea Plan or other equivalent take permit-authorization applicable to the project. DESIGN 12. The architectural style of the two Design Review Planning Areas shall be compatible and consistent with each other. While variation is encouraged for individual identity of each Planning Area, the two Planning Areas shall be compatible in building scale, proportions, mass and form; building and roofing materials and colors; lighting; and hardscape and landscape design and materials. Applicants shall prepare plans for Design Review Committee analysis that will enable the Design Review Committee to find that these plans are consistent with the Freeway Commercial SPA Design Guidelines. Rear elevations adjacent to public right-of-way or adjacent property shall have architectural treatment consistent with the front elevations. 13. Design features that promote pedestrian circulation shall be promoted over auto-oriented design. Pedestrian enhanced intersections shall be provided at all controlled intersections within the Freeway Commercial projects to the satisfaction of the City Engineer and Director of Planning and Building. Enhancements shall include enhanced paving in pedestrian crosswalks, neckdowns, and other traffic calming measures. 14. Public spaces in the form of plazas or squares shall be provided in each Design Review Planning Area. 15. The Applicants and Owners shall install all public street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and Director of Public Works. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all futures street trees, which will be subject to the review and approval of the Director Building and Park Construction and the Director of Planning and Building. Applicant(s) will maintain street tree identification staked in location as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the Freeway Commercial project. Approval of the street tree improvement plans shall constitute final approval of the selection of street trees for the street parkways. (Planning and Building, Engineering, Building and Park Construction. Page 3 of7 /..) -~4 16. Applicant(s) shall provide a 200-space Park-and-Ride facility in the FC-l area adjacent to the Transit Station. Applicant(s) shall provide safe convenient access for pedestrians to travel between the Transit Station and the Park-and-Ride facility. PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING 17. The Applicant and Owners shall provide a conceptual design and depict locations of neck -downs or other traffic-calming designs at controlled intersections described and depicted in the Freeway Commercial SPA Plan at Streets "A", "Boo and "COO for review and approval by the City Engineer and Director of Planning and Building prior to approval of the appropriate tentative map for the Freeway Commercial project. 18. The Applicant and Owners shall comply with the Fire Department's codes and policies for Fire Prevention, as amended from time to time. 19. The Applicant and Owners shall obtain approval from the City Engineer and the Director of Planning and Building for all proposed street names within the Freeway Commerical project prior to the approval of the Tentative Map. Approved street names shall be shown on Tentative Map. 20. The Applicant and Owners shall provide the water and recycled water improvements in accordance with the SAMP or as amended by the Applicant and Owners and approved by Otay Water District and the City. The SAMP shall be consistent with the Freeway Commercial SPA Plan. The Applicant and Owners shall be responsible for obtaining the approval of any amendment to the Freeway Commercial SPA SAMP in order for the Freeway Commercial SPA SAMP to be consistent with the approved SPA Plan prior to the approval of the first final map for the Freeway Commercial project. 21. Prior to approval of each tentative map and/or site plan by the Design Review Committee, whichever occurs first, Applicant and Owners shall demonstrate compliance with the City of Chula Vista Storm Water and Discharge Control Ordinance and the National Pollutant Discharge Elimination System (NPDES) Municipal Permit and the City of Chula Vista SUSMP. Applicant and Owners shall obtain the approval ofthe City Engineer of a report that includes the following elements: a. Description of project characteristics, site conditions, and flow patterns, pollutants emanating from the project site, and conditions of concern. b. Description of site design and source control BMPs considered and to be implemented. c. Description of applicable treatment control BMPs considered and to be implemented to reduce or treat the identified pollutants. Treatment control BMPs may be selected from those post-construction BMPs analyzed in the Water Page 4 of7 /...<. ?],l,. . ----"._._----_.----_..__._.,--,--._-_...~_._------ ._,._-----~~-_.._- Quality Report prepared by Rick Engineering or similar type of BMPs as . approved by the City Engineer. d. Justification for selection of the proposed treatment control BMP(s) including 1) targeted pollutants, justification, and alternative analysis, 2) design criteria (including calculations), 3) pollutants removal information (other than vendors specifications), and 4) literature references. e. Site plan depicting locations of the proposed treatment control BMPs; and f. Operation and maintenance plan for the proposed treatment control BMPs. (Engineering) 23. The Commercial Promenade in FC-2 shall meet the adopted Otay Ranch Entry/Village Entry standards (CVD-ST32) to the satisfaction of the City Engineer with a design speed of 35 mph (posted at 25 mph) and dimensions as modified by the Street Section provided in the SPA Plan. Parking on this facility will be allowed as determined by the City Engineer subject to sight distance requirements, All details of the Commercial Promenade Streets will be subject to approval by the City Engineer at the tentative map and final design stages to ensure compliance with the functional and safety standards of all public streets. 24. The following language to be added to section VI. Development Phasing: a. If developer proposes multiple building permits within a Planning Area, the developer shall submit and obtain approval of a development phasing plan for said Planning Area by the City Engineer and Director of Planning and Building prior to issuance of any building permit within said Planning Area. The phasing plan shall include: b. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers, and proposed building square footage in each phase; and c. A table showing the phase number, the lots included in the phase and the proposed building square footage included in each phase. d. Improvements, facilities and dedications to be provided with each phase shall be determined by the City Engineer and Director of Planning and Building. 25. The City reserves the right to require circulation improvements, facilities and/or dedications as necessary on-site within the SPA Plan to provide adequate circulation and to meet the circulation requirements of Police and Fire Departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revisions(s). All improvements shall be guaranteed prior to the issuance of building permits. Page 5 of7 /~ -' J:j . 26. Prior to the approval of the tentative map or site plan by the Design Review Committee, which ever occurs first, the Applicant shall obtain the City Engineer's approval of: a. an internal traffic study that analyzes: i. Emergency vehicle access, ii. proposed lane configuration queuing, striping and safe sight distance at internal intersections and, iii. BRT line crossings and impacts on internal intersections and road crossings. b. the proposed lane transitions and striping of: i. Birch Road (6 to 4 lanes) at the intersection of Birch Road and Eastlake Parkway, 11. Eastlake Parkway and Kestrel Falls 111. Commercial promenade and Olympic Parkway and the project internal loop road AGREEMENTS/FINANCIAL 27. The Applicant and Owners shall implement an agreement to implement the Air Quality Improvement Plan (AQIP) measures contained in the Sectional Planning Area (SPA) Plan and to comply and remain in compliance with the AQIP. Implementation Measures II.7.6 must specify the project commitment consistent with the Non- Renewable Energy Plan as follows: a. Energy efficient lighting fixtures and day lighting (skylights) systems. Use of T8 low-mercury florescent lamps and electronic ballasts. b. Use of energy efficient heating and cooling equipment, limiting windows and use of energy management systems. c. Recycling facilities for cornmercial users. d. Passive solar design and building orientation. e. Use of cool roofing materials (white roof design). f. Enhanced landscaping to shade street and parking areas. g. Pedestrian routes and pedestrian oriented design features provided within the project along the internal streets. h. Bicycle and electric cart facilities. 1. A public transit right-of-way aligrnnent, transit station and park-and-ride facility. 28. The Applicant and Owners shall implement an agreement to implement the Water Conservation Plan (WCP) measures contained in the Sectional Planning Area (SPA) Plan and to comply and remain in compliance with the WCP. 29. The Project shall pay its fair share fees as part of any future regional impact fee program for regional facilities as defined in the GDP/SRP, should such a fee program be enacted prior to the issuance of building permits for the project. Page 6 of7 k) - '1 µ' , ,I _ _ ~_m._._._'__'___'__'____ ____,.__.._._~__~__ _______._..""________ -,....- MISCELLANEOUS 30. Prior to issuance of any permit pursuant to the adopted Freeway Commercial SPA Plan, the Applicant shall submit the entire adopted document in an electronic file format acceptable to the Director of Management and Information Services. Said file shall be in the format of Microsoft Word 2000, or current version acceptable to the City of Chula Vista, at the time of the adoption of the Freeway Cornmercial SPA Plan. Any exhibits as part of said SPA Plan (Maps, Plans, etc.), which are not in Microsoft Word format, shall be submitted in a format acceptable to the City of Chula Vista, Director of Management and Information Services. 31. Within 30 days of the City Council's action on the Project, documents, the Applicant shall submit to the Planning and Building Department, ten (10) sets of all final SPA documents, each set in a three-ring plastic binder and in a format as prescribed by City staff. PHASING 32. Each Applicant and Owner shall file an initial master final map covering each owner's respective entire ownership area within the project, which creates lots corresponding to the units and phasing or combination of units and phasing thereof. The master final map may contain individual lots shown on the tentative map. If said lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot, which will be further subdivided. All lots created shall have access or an easement to a dedicated public street. Backbone facilities shall be guaranteed prior to approval of the related Final Map. The Applicant shall secure the installation of improvements in a form and amount determined by the City Engineer prior to approval of the Final Map. Page 7 of7 /',- ,,/..( , 1-.;,.; ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 - FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN PLANNED COMMUNITY DISTRICT REGULATIONS WHEREAS, the property which is the subject matter of this ordinance is identified as Exhibit "A" attached hereto and described on Chula Vista Tract 02-03, and is commonly known as Otay Ranch, Freeway Commercial ("Property"); and, WHEREAS, an application to amend the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan, Planned Community District Regulations and associated regulatory documents was filed with the City ofChula Vista Planning Department on April 28, 2004 by General Growth Properties, Inc. ("Applicant"); and WHEREAS, the amended Otay Ranch, Freeway Commercial SPA Plan, Planned Community District Regulations ("Project") and associated regulatory documents are intended to ensure that the Otay Ranch Freeway Commercial SPA Plan are developed in accordance with the Otay Ranch General Development Plan (GDP), to implement the City of Chula Vista General Plan for eastern Chula Vista, to promote the orderly planning and long-term phased development of the Otay Ranch GDP and to establish conditions which will enable the amended Otay Ranch, Freeway Commercial area to exist in harmony within the community; and, WHEREAS, the Otay Ranch, Freeway Commercial SPA Planned Community District Regulations were established pursuant to Title 19 of the Chula Vista Municipal Code, specifically Chapter 19.48 (PC) Planned Community Zone, and are applicable to the Otay Ranch Freeway Commercial SPA Land Use Plan of the Otay Ranch Freeway Commercial SPA Plan; and, WHEREAS, the amended Otay Ranch Freeway Commercial SPA Planned Community District Regulations modify zoning regulations for the Commercial Zoning District located in Otay Ranch Freeway Commercial to include two zoning designations,FCl and FC2; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area 12 - Freeway Commercial Plan ("Freeway Commercial SPA Plan") previously approved by the City Council on April 1, 2003 by Resolution No. 2003-132, wherein the City Council, in the environmental evaluation of said Freeway Commercial SPA Plan, relied on the Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan Final Environmental Impact Report No. 02-04 ("FEIR 02-04'')' and , , , WHEREAS, the amended Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan refines and implements the land plans, goals, objectives and policies of the Otay Ranch GDP as adopted by the City Council of the City ofChula Vista on October, 28, 1993, and as amended on May 14, 1996, and November 10, 1998; and, /.;; /¡ i. . '1ft> -,,-----. ..-.--~--_..._..._-_._-~-_.__..,-----~._._-_...----".-~ Page 2 WHEREAS, the City Council of the City ofChula Vista has previously reviewed, analyzed, considered, and certified Final Environmental Impact Report Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan FEIR 02-04; and, WHEREAS, the City's Environmental Review Coordinator has determined that any impacts associated with the proposed amendments have been previously addressed by FEIR 02-04, and that there is no significant new information, and has therefore prepared an addendum to said FErR.. The amendments are in substantial conformance with the Otay Ranch GDP and SPA on which the FEIR analysis was based and, therefore, approval and implementation of the SPA amendments does not change the basic conclusions of the FEIR. The addendum has been prepared in accordance with requirements of the California Environmental Quality Act, State EIR Guidelines and the Environmental Review Procedures of the City of Chula Vista; and, WHEREAS, the Planning Commission set the time and place for a hearing on said amendments to Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan (PCM 04-15) and Planned Community District Regulations 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 its mailing to property owners within 500 feet of the exterior boundaries of the Project site; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., August 25, 2004 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project to the City Council and said hearing was thereafter closed; and, WHEREAS, by a vote of 6 to 0, the Planning Commission recommended approval the proj ect; and, WHEREAS, a public hearing was scheduled before the City Council of the City ofChula Vista on the Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan Amendment and adopting an amendment to the ordinance to modifY the Otay Ranch Planning Area 12 - Freeway Commercial SPA Planned Community District Regulations. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby find, determine, and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on August 25, 2004 and the minutes and resolùtions resulting therefrom, are hereby incorporated into the record ofthis proceeding. /~ -::; I Page 3 II. COMPLIANCE WITH CEQA The City Council hereby finds that the Amendment would have no new effects that were not examined in Final EIR 02-04 The City's Environmental Review Coordinator has determined that any impacts associated with the proposed amendments have been previously addressed by FEIR 02-04, and that there is no significant new information, and has therefore prepared an addendum to said FEIR The City Council has reviewed and considered the addendum with the Final EIR and hereby adopts the addendum. III. ACTION The City Council hereby adopts an Ordinance approving the amendment to Otay Ranch Freeway Commercial SPA Planned Community District Regulations, finding that they are consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support their approval and implementation. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that the addendum to the Freeway Commercial SPA Final Environmental Impact Report (FEIR 02-04) reflects the independent judgment of the City Council of the City of Chula Vista. V. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption Presented by James Sandoval Planning and Building Director /...J d ~ 'I~ ...__.__.____.._______...____n____ ________~~_ -------- t::J!.IIIIIIIU ~ 7i I1I11 IIIIID 7/1111\1111111 DIIIIIIIII\!!I T/llllll! III II I TIIIIIII I I I IILJ TIIII 1 1 1III1I iJ nllllllllll!I!11 Planning Area 1 2 "' " - '" Village 11 ~ Otav Ranch R24 0 Town Center w ~ 0 Planning Area 1 2 "- 0 '" "- R25 ßilcl'\ Rd \ MU .~ PROJECT ~ Eastern lOCATION Urban Center CHULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTION, ø APPLICANT' General Growth Properties, Inc. MISCELLANEOUS PROJECT Eastlake Parkway & Request: Proposal lor a SPA Amendment lor a retail development within the ADDRESS, Birch Road Otay Rancn Planning Area 12, Freeway Commercial (86.9 acres) site. SCALE' FILE NUMBER: A NORTH No Scale PCM-04-15 Related cases: PCS.()S.()2 EXHIBIT -- J:\planning\carlos\Jocators\pcm0415cdr 8.17.04 /~-:lJ ........-..-. "___,__._ ._.'.0'.'-_0·- _____~._._.__~___~___.,.______~_..