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Home My WebLink AboutAgenda Packet 2004/10/26 CITY COUNCIL AGENDA October 26, 2004 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~~ ~ - - - - ~~~~ CllY OF CHUlA VISTA City Council Patty Davis John McCann Jerry R. Rindone Mary Salas Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68. Agendas are available on the City's website at: www.chulavistaca.gov ********** October 26, 2004 I declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this document on the bulletin board according to Brown Act requirements. AGENDA Daled #Slgned ~ 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 · OATH OF OFFICE - Virginia Martinez, Board of Library Trustees CONSENT CALENDAR (Items 1 through 8) The Council will enact the Consent Calendar staff recommendations by one ' motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. APPROVAL OF MINUTES of Regular Meetings of September 21, 2004 and October 5, 2004, and a Special Meeting of October 5, 2004. Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS: Letter of Resignation from John Wines, member of the Housing Advisory Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancy in accordance with Maddy Act requirements. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.58 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO PLACARDS USED TO DENOTE THE CONDITION OF STRUCTURES AND THE ABILITY TO SAFEL Y OCCupy OR USE THOSE STRUCTURES AFTER A DISASTER (SECOND READING) Post-disaster safety assessment and posting of placards on buildings that clearly identify the condition of buildings and structures for owners, occupants and the general public is one of the essential functions of the Standardized Emergency Management System. Adoption of the ordinance makes the placards official and enforceable and thereby prevents their unauthorized removal or altering. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. Page 1 - Council Agenda October 26,2004 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS IO.52.480, 10.56.040 AND IO.56.290 OF THE MUNICIPAL CODE (PARKING LOTS, METER ZONES AND PERMIT PARKING) (FIRST READING) Adoption of the ordinance updates the Chula Vista Municipal Code to amend section 10.52.480 to add five parking lots to the list of locations designated as off-street parking facilities owned or operated by the City; to amend section 10.56.040 regarding the location of parking meter zones and the duration of parking in these zones; and to amend section 10.56.290 to add three City parking lots to the list of locations designated as permit parking areas. (Director of General Services, City Engineer) Staff recommendation: Council place the ordinance on first reading. 5A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 45-MPH SPEED LIMIT ON LA MEDIA ROAD FROM TELEGRAPH CANYON ROAD TO OLYMPIC P ARKW A Y (FIRST READING) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 40-MPH SPEED LIMIT ON HERITAGE ROAD FROM TELEGRAPH CANYON ROAD TO OLYMPIC P ARKW A Y (FIRST READING) C. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 35-MPH SPEED LIMIT ON PASEO LADERA FROM TELEGRAPH CANYON ROAD TO EAST PALOMAR STREET (FIRST READING) Adoption of the ordinances establishes speed limits based on provisions of the California Vehicle Code and pursuant to authority under the Chu1a Vista Municipal Code. (Director of General Services, City Engineer) Staff recommendation: Council place the ordinances on first reading. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF ROLLING HILLS RANCH NEIGHBORHOOD 12, CHULA VISTA TRACT NO. 92-02A AND ASSOCIATED IMPROVEMENT AGREEMENTS Rolling Hills Ranch Neighborhood 12 is comprised of 96 residential estate lots and three Home Owners Association-maintained open space lots, and one lot for all private streets, located north of Proctor Valley Road at the easterly edge of the City. Adoption of the resolution approves the final map for this neighborhood and its associated agreements. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH DUDEK AND ASSOCIATES, INCORPORATED FOR THE PROVISION OF AN IMPLEMENTATION PLAN TO ENFORCE THE INTERNATIONAL URBAN-WILDLAND INTERFACE CODE, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AMENDING THE PLANNING AND BUILDING DEPARTMENT'S FISCAL YEAR 2005 EXPENDITURE BUDGET BY APPROPRIATING $80,105 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND (4/5THS VOTE REQUIRED) Page 2 - Council Agenda October 26, 2004 - - _d___ The fire storms of October 2003 sent a strong message about the City's need to develop a better understanding of the scope of the urban-wildland fire potential that exists within the City of Chula Vista and the need to aggressively develop specific building and brush management standards to reduce future fire-related losses in these interface areas. This action will retain a consultant to assist staff in developing a comprehensive implementation plan to facilitate enforcement of the Urban-Wildland Interface Code. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESOLUTION OF INTENTION TO CONSIDER GRANTING A GAS FRANCHISE AND ELECTRIC FRANCHISE, UNDER CERTAIN CONDITIONS, TO SAN DIEGO GAS & ELECTRIC, AND SETTING A PUBLIC HEARING FOR NOVEMBER 9, 2004 TO CONSIDER GRANTING THE FRANCHISES The City and San Diego Gas & Electric concluded negotiations and the Council approved a Memorandum of Understanding (MOD) on October 12, 2004. Adoption of the resolution sets a public hearing to consider the proposed franchise. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. · 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. 9. CONSIDERATION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S (GMOC) 200312004 SCHOOLS ELEMENT OF ITS ANNUAL REPORT On June 23, 2004 the GMOC presented its 2003 annual report to the City Council regarding compliance with the City's eleven Quality-of-Life Threshold Standards. At the meeting, the GMOC and the City Council moved to continue the presentation of the · schools element of the report since the school district had not yet approved its Long Range Facilities Master Plan. The approved Master Plan has since been received by the GMOC, and its findings and recommendations have been completed. (Director of Planning and Building) Page 3 - Council Agenda October 26, 2004 Staff recommendation: Council conduct the public hearing, adopt the following resolution, approve the recommendations contained within the annual report, and direct the City Manager to undertake actions necessary to implement those recommendations: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2003-2004 GMOC ANNUAL REPORT REGARDING SCHOOLS, AND APPROVING THE RECOMMENDATIONS CONTAINED THEREIN; AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED IN THE "2003-2004 GMOC RECOMMENDATIONSIPROPOSED IMPLEMENTING ACTIONS SUMMARY" ACTION ITEMS The items listed in this section of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. CONSIDERATION OF APPROVAL OF STREET CLOSURES OF PORTIONS OF MARINA PARKWAY AND G STREET The Goodrich Aerostructures Group (Goodrich) has requested that the City close portions of Marina Parkway and G Street subject to an encroachment permit in accordance with the Relocation Agreement between the City, the Redevelopment Agency, the Port District and ROHR, Inc (Goodrich) dated July 13, 1999. (Director of General Services, City Engineer) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING STREET CLOSURES SUBJECT TO AN ENCROACHMENT PERMIT, OF PORTIONS OF MARINA PARKWAY AND G STREET, IN ACCORDANCE WITH THE RELOCATION AGREEMENT BETWEEN THE CITY, THE REDEVELOPMENT AGENCY, THE PORT DISTRICT AND ROHR, INCORPORATED (GOODRICH) DATED JULY 13, 1999 11. CONSIDERATION OF APPROVAL OF APPROPRIATIONS NECESSARY TO PROCURE ISTREETVIEW IMAGERY AND SOFTWARE PROGRAM iStreetViewTM is a dynamic, street-level image set that can be integrated with the City's current Geographic Information System. The iStreetView™ software would enhance the City's orthophotography, complement the updated Geographical Information System and would be utilized by almost all departments. The overall cost to acquire the imagery is $76,650 plus tax. (Director of General Services) Page 4 - Council Agenda October 26, 2004 ... "-_.._-_.--~-,...._-_._---...- Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF ADDITIONAL FUNDS TO THE GIS - ORTHOPHOTOGRAPHYITOPOGRAPHY PROJECT (GG183) FOR THE PROVISION OF PROCURING THE ISTREETVIEWTM IMAGERY AND SOFTWARE PROGRAM (4/5THS VOTE REQUIRED) ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 12. CITY MANAGER'S REPORTS 13. MAYOR'S REPORTS A. Ratification of appointment of Dina Chavez to the Housing Advisory Commission B. Affordable Housing Policy 14. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of November 2,2004, at 4:00 p.m. in the Council Chambers. Page 5 - Council Agenda October 26, 2004 .. -_.._-----_._------~--_.- MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA September 21, 2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:08 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: CounciImembers: Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: CounciImembers: 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 . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO ROGER CAZARES FOR 30 YEARS OF SERVICE AS CEO OF THE METROPOLITAN AREA ADVISORY COMMITTEE PROJECT Mayor Padilla read the proclamation, and Deputy Mayor Salas presented it to Mr. Cazares. . UPDATE BY FRANK RIVERA, DEPUTY CITY ENGINEER ON THE OLYMPIC P ARKW A Y/INTERSTATE 805 INTERCHANGE CONSTRUCTION PROJECT Deputy City Engineer Rivera presented an update on the project. Councilmember McCann expressed concern about traffic stacking onto the fteeway and asked when the off-ramp would be completed. Mr. Rivera responded that completion is anticipated for the end of the year. Councilmember McCann complimented staff for acquiring grant monies to construct sound walls, which he believed would enhance the quality of life for residents impacted by the project. CONSENT CALENDAR (Items 1 through 8) Regarding Item 4, Councilmember Rindone stated that the retention and performance incentive is a positive effort to recognize and value bus operators and maintenance staff, and he hoped it would be a model for other agencies to follow. Deputy Mayor Salas commented that despite the proposed incentives, existing wages are very low and something must be done to further improve them. She asked how the funding would be distributed. Transit Coordinator Trujillo replied that the monies not used in incentives would roll over from month to month. He also commented that the incentive bonuses would be reflected on paychecks. Page 1 - Council Minutes 1 September 21, 2004 CONSENT CALENDAR (Continued) Jerry Butkiewicz, representing the San Diego Imperial Labor Council, thanked the Council, City Manager, and Mr. Trujillo for their support of the program, which he believed would go a long way towards achieving a first contract with the employers at ATC Vancom. He assured the Council that the bus drivers' union and the Labor Council will be closely monitoring the program, and he thanked ATC Vancom for absorbing the administrative costs. Deputy Mayor Salas also thanked Councilmember RÍndone for working to ensure adequate funding for the program. Regarding Item 8, Deputy Mayor Salas questioned the Conflict of Interest disclosure requirements for the Council Assistant position. Mayor Padilla stated that the item would be trailed pending a response from staff. 1. ORDINANCE NO. 2977, 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 (SECOND READING) 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 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 125, south of Olympic Parkway, north of the future aligrunent of Birch Road, and west of EastLake Parkway. This ordinance was introduced on September 14, 2004. (Director of Planning and Building) Staff recommendation: Council adopt the ordinance. 2. RESOLUTION NO. 2004-301, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DISADVANTAGED BUSINESS ENTERPRISE PROGRAM FOR THE PERIOD OF OCTOBER 1, 2004 THROUGH SEPTEMBER 30, 2005 FOR CITY OF CHULA VISTA PROJECTS UTILIZING FEDERAL HIGHWAY ADMINISTRATION FUNDING All local agencies receiving federally assisted funds from the Federal Highway Administration are required to submit a Disadvantaged Business Enterprise Program. The program is designed to allow contractors/consultants owned and controlled by minorities, women and other socially and economically disadvantaged persons to have the opportunity to bid and work on projects funded by the Federal Highway Administration. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. Page 2 - Council Minutes September 21, 2004 CONSENT CALENDAR (Continued) 3. RESOLUTION NO. 2004-302, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING A FOURTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND DUDEK AND ASSOCIATES, INCORPORATED FOR THE PROVISION OF ENVIRONMENTAL AND ENGINEERING SERVICES On May 2, 2000, the City Council approved a contract with Dudek and Associates for environmental and engineering services for the Salt Creek and Wolf Canyon gravity sewer interceptors. The contract has since been amended three times to complete the design and construction of these projects. A fourth amendment is necessary to provide Dudek and Associates with additional compensation for services required for the fmal phase of the Salt Creek project and some additional work required for the Wolf Canyon trunk sewer project (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 4. A. RESOLUTION NO. 2004-303, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SANDAG TO CLAIM AND TRANSFER TO THE CITY OF CHULA VISTA $220,500 FROM THE CITY'S PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS AND APPROPRIATE THE FUNDS FOR AN OPERATOR/SERVICER/MECHANIC (OSM) RETENTION AND PERFORMANCE INCENTIVE B. RESOLUTION NO. 2004-304, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ATCNANCOM CORPORATION, AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT City Transit staff, in collaboration with the San Diego/Imperial Counties Labor Council, would like to reward bus operators and maintenance staff for providing top quality service and for demonstrating a safe and dependable work ethic. A performance-based incentive is being recommended for this purpose. A total of $220,500 is proposed to be appropriated for this incentive from the $835,277 available to the City ftom the City's prior-year unallocated TDA (Director of Public Works Operations) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2004-305, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER FROM PROJECT STL-277, PAVEMENT REHABILITATION 2001/2002, TO PROJECT STL-219, SIDEWALK IMPROVEMENTS ALONG THIRD AVENUE BETWEEN TREMONT STREET AND ZENITH STREET IN THE CITY OF CHULA VISTA, ACCEPTING BIDS AND AWARDING CONTRACT Project STL-219 includes excavation and grading, removal and disposal of existing improvements, installation of asphalt concrete berm and concrete sidewalks, pavement overlay as needed, pavement striping and marking, traffic control, and protection and restoration of existing improvements. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 3 - Council Minutes September 21, 2004 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2004-306, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DELETING ONE PRINCIPAL LANDSCAPE ARCHITECT POSITION, ADDING ONE SENIOR FISCAL OFFICE SPECIALIST POSITION AND ADDING ONE LOCKSMITH POSITION As the General Services Department continues to evolve and opportunities occur for realignment of positions, it has become clear that additional administrative assistance is required. It is also clear that the City's move toward sophisticated electronic locking devices on new, renovated and existing buildings is creating significant demands on the City's one Locksmith. This realignment will enable the department to improve its level of service and efficiency without requiring any additional appropriations ftom the General Fund. (Director of General Services) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2004-307, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A $50,000 EXTENSION TO A PURCHASE ORDER WITH JAS PACIFIC, INC. TO PROVIDE BUILDING INSPECTION SERVICES Due to the continued high level of construction activity, staff has determined a greater need for contract building inspection services than anticipated. Adoption of the resolution approves the extension of an existing purchase order. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ACTION: Mayor Padilla moved to approve staffs recommendations and offered Consent Calendar Items I through 7, headings read, texts waived. The motion carried 5-0. 8. A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.02.030 RELATING TO THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA (FIRST READING) B. RESOLUTION NO. 2004-308, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA The proposed resolution adopts an amended Appendix to the City's Conflict of Interest Code, listing the officials and designated employees of the City who are required to file periodic statements of economic interest and the disclosure categories under which each official and designated employee is required to file. The proposed ordinance amends the disclosure categories as recommended by the Fair Political Practices Commission. (City Clerk) Page 4 - Council Minutes September 21, 2004 CONSENT CALENDAR (Continued) Assistant City Attorney Hull responded to Deputy Mayor Salas' question, stating that the disclosure categories listed for the Council Assistant should be categories I and 2 only. ACTION: Deputy Mayor Salas then offered the ordinance for first reading and Resolution No. 2004-308 for adoption as amended to revise the Conflict of Interest disclosure categories for the Council Assistant to categories 1 and 2, headings read, texts waived. Mayor Padilla seconded the motion, and it carried 5-0. ORAL COMMUNICATIONS Betsy Cory, representing Friends of Rice Canyon, explained that bikers, joggers, equestrians, and walkers utilize the canyon, which also houses a variety of wildlife and endangered plant species. Invasive plants are endangering some of the plant species, and the Friends of Rice Canyon group recently held a very successful event to dig out the invasive plants. She recognized City staff that worked closely with the group on the project and invited interested community members to join the group or form another group to protect a different canyon. At 7:00 p.m., Mayor Padilla recessed the Council Meeting to convene Closed Session. The Council Meeting reconvened at 7:23 p.m. with all members present. PUBLIC HEARINGS 9. CONSIDERATION OF APPROVAL OF THE WIDENING PROJECT ON TELEGRAPH CANYON ROAD, FROM 800 FEET WEST OF CREST DRIVE TO INTERSTATE 805, AND THE ACQUISITION OF CERTAIN RIGHT-OF-WAY OVER PORTIONS OF ASSESSOR'S PARCEL NUMBER 639-080-22 FOR IMPROVEMENTS ON TELEGRAPH CANYON ROAD The widening of Telegraph Canyon Road is one of the eastern Chula Vista traffic enhancement projects previously identified by the City to help reduce congestion on the arterial roadways leading to 1-805. Design of the widening project is currently being proposed after an analysis of many alternatives. To accommodate the proposed widening, it is necessary to acquire certain rights-of-way from the ARCO gas station located on the north side of Telegraph Canyon Road, west of Halecrest Drive. (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. Deputy City Engineer Rivera gave a presentation on the project. Councilmember McCann asked if the utility poles would be undergrounded. Mr. Rivera replied that the utilities would not be undergrounded; rather, the conversion would occur off the side street. Page 5 - Council Minutes September 21, 2004 PUBLIC HEARING (Continued) Don Chrislock stated that his family has owned the ARCO station for 32 years and, although he did not oppose the road widening, he would like to remain in business at the same location. He asked the Council to assist him in that regard, as well as in dealing with British Petroleum Company, which has not attempted to commuuicate with him on the issue. He expressed his appreciation to the Council and City staff for working with him over the past year and looked forward to their continued assistance. Linda Bartz, Esq., counsel for the City, reported that Donald W. Detisch, legal counsel for Mr. Chrislock, had requested that the following letter be read into the record: "Dear Linda: "Pursuant to your suggestion I am forwarding my written comments to you regarding the above- referenced hearing. As you know I represent Don Chrislock, the owner/operator of Don's Arco, at 495 Telegraph Canyon Road. Due to a previous commitment I will not be able to attend tonight's Council meeting, however, please understand that the adoption of the proposed resolution is considered to be a serious matter by my client and me. We understand that the public convenience and necessity require this project and a portion of Mr. Chrislock's tenancy. While we believe the Council will adopt this resolution we again wanted to assure ourselves of the following: 1. That the City and its contractors will coordinate their work efforts with Mr.Chrislock so that his operation is not significantly impacted until the end of the project and in short he is allowed to operate the gas station part of his business for as long as he can and 2. That the order of possession be no less than 90 days or at least until such time as Arco makes clear its position to Mr. Chrislock regarding the termination of the lease. "There is a lease provision which arguably allows Arco to terminate Mr. Chrislock's tenancy in the event a condemnation action is filed. We want to make certain that if this provision is implemented that Mr. Chrislock be allowed an appropriate time period within which to make proper arrangements regarding his business operations. If the lease provision is implemented then Mr. Chrislock faces either the relocation of his business and/or the substantial curtailment and alteration of his current business operations. We therefore are requesting that the possession date in court be extended as much as possible. "We appreciate your consideration and efforts regarding this proposed acquisition. As we all know condemnation actions can be disruptive and in this case we are requesting that you make this action as unobtrusive as possible. I am requesting that you will include (and it is my understanding that you will include) this letter as part of the administrative record. Should you have any questions or concerns or wish to speak with me please contact me at your earliest convenience. We are available to meet with you and staff regarding any construction coordination meetings. Respectfully Submitted, Donald W. Detisch, Esq." Page 6 - Council Minutes September 21,2004 PUBLIC HEARING (Continued) With no further members of the public wishing to speak, Mayor Padilla closed the public hearing. CounciImember Davis requested that staff continue to work with Mr. Chrislock on the matter. ACTION: Councilmember McCann offered Resolution Nos. 2004-309 and 2004-310, headings read, texts waived: RESOLUTION NO. 2004-309, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE WIDENING PROJECT ON TELEGRAPH CANYON ROAD, FROM 800 FEET WEST OF CREST DRIVE TO INTERSTATE 805, AND ADOPTING ADDENDUM TO MITIGATED NEGATIVE DECLARATION IS-02-35 RESOLUTION NO. 2004-310, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION AND IMMEDIATE POSSESSION OF A PORTION OF ASSESSOR PARCEL NUMBER 639-080-22 FOR THE CONSTRUCTION OF TELEGRAPH CANYON ROAD STREET WIDENING PROJECT (CY-I02) AND AUTHORIZING CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY IN THE MANNER PROVIDED BY LAW The motion carried 5-0. ACTION ITEMS 10. CONSIDERATION OF APPROVAL OF ADDITIONAL STAFF AND EQUIPMENT FOR THE PARK MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS AND THE APPROPRIATION OF FUNDS THEREFOR On April 11, 2000, the Council approved the establishment of a maintenance level of staff for City parks and other property and a commensurate staff/acreage ratio for the turnover of recent and future park development and other City property. Consequently, the Parks Maintenance Section is now requesting a Parks Manager and additional staff and equipment, in order to address the section's staffing needs. (Director of Public Works Operations) ACTION: Councilmember Rindone offered Resolution Nos. 2004-311 and 2004-312, headings read, texts waived: Page 7 - Council Minutes September 21,2004 ACTION ITEMS (Continued) RESOLUTION NO. 2004-311, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 BUDGET BY APPROPRIATING $93,611 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND APPROVING ADDITIONAL STAFF FOR THE PARK MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS RESOLUTION NO. 2004-312, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 BUDGET BY APPROPRIATING $84,000 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMP ACT FEE FUND FOR EQUIPMENT FOR THE PARK MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS The motion carried 5-0. 11. CONSIDERATION OF APPROVAL OF ADDITIONAL PERSONNEL FOR THE FIRE DEPARTMENT AND AN APPROPRIATION OF FUNDS FOR EQUIPMENT NEEDED FOR THE NEW POSITIONS On September 7, 2004, the Council accepted in concept the Fire Department Strategic Business Plan, which internally aligns staff resources and positions to achieve mission- oriented results for the residents of Chula Vista. Adoption of the resolutions adds ten positions needed to build the internal capability to ensure optimal delivery of fire services and appropriates funds for start-up equipment costs associated with the new positions. (Fire Chief) Fire Chief Perry clarified that the number of additional positions requested for the first phase of the Fire Strategic Business Plan should read 10, and not eight, as indicated on the staff report, and that all figures and facts are in accordance with the 10 positions. ACTION: Councilmember McCann offered Resolution Nos. 2004-313 and 2004-314, headings read, texts waived: RESOLUTION NO. 2004-313, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 BUDGET, APPROPRIATING $262,190 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND AND $125,000 BASED UPON UNANTICIPATED STATE REIMBURSEMENTS FOR PERSONNEL SERVICES COSTS, $106,500 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR SERVICE AND SUPPLIES COSTS ASSOCIATED WITH ADDING 10 POSITIONS IN THE FIRE DEPARMENT TO IMPLEMENT THE FIRST PHASE OF THE FIRE STRATEGIC BUSINESS PLAN Page 8 - Council Minutes September 21, 2004 ACTION ITEMS (Continued) RESOLUTION NO. 2004-314, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT BUDGET BY APPROPRIATING $204,500 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMP ACT FEE FOR START UP EQUIPMENT COSTS ASSOCIATED WITH THE NEW POSITIONS REQUIRED TO SERVE GROWTH The motion carried 5-0. OTHER BUSINESS 12. CITY MANAGER'S REPORTS There were none. 13. MAYOR'S REPORTS A. Ratification of appointment to the International Friendship Commission: John Nezozzi ACTION: B. ACTION: C. ACTION: Mayor Padilla moved to ratify the International Friendship Commission. motion, and it carried 5-0. appointment of John Nezozzi to the Councilmember Davis seconded the Ratification of appointments to the Youth Advisory Commission: . Patricia DeSaracho (Castle Park High School) . Yazmin DeSaracho (Castle Park Middle School) Mayor Padilla moved to ratify the appointments of Patricia DeSaracho and Yazmin DeSaracho to the Youth Advisory Commission. Councilmember Davis seconded the motion, and it carried 5-0. Ratification of appointment to the Interagency Water Task Force: Jon Jamieson Mayor Padilla moved to ratify the appointment of Jon Jamieson to the Interagency Water Task Force. Councilmember Davis seconded the motion, and it carried 5-0. Mayor Padilla thanked Councilmember Davis for representing both he and the Council at the recent League of Califoruia Cities conference in Long Beach. 14. COUNCIL COMMENTS Page 9 - Council Minutes September 21, 2004 Councilmember Davis announced that a local group of Marine Corps WIves are gathering donated ball gowns for the upcoming Marine Corps Birthday Ball. Anyone wishing to contribute should contact the Mayor's Office or her business located at 4190 Bonita Road, Suite 202. CouncÜmember Davis also reported on representing the City at the League conference in Long Beach and spoke regarding Proposition lA, which prevents the State Legislature ftom taking and using local government funds. She thanked the developers and voters for their support on the issue and asked the Council to support the proposition. Deputy Mayor Salas stated that she recently attended Girls and Boys State, sponsored by the American Legion, where students had the opportunity to participate as politicians in mock city, county and state teams. Councilmember Rindone commended Fire Chief Perry and staff on their excellent Strategic Business Plan presentation on September 7, 2004, and the continued efforts by the City to enhance public safety. CounciImember Rindone stated that he also had the opportunity to drive a demonstration hydrogen fuel cell vehicle last weekend, and the vehicle was quiet, smooth, powerful, and energy-efficient. He was hopeful that a demonstration vehicle could be provided to the City. Councilmember Rindone invited the community to attend the BonitaFest event on September 25,2004. Councilmember McCann stated that he recently attended the Chamber mixer at Sharp Hospital, and reminded everyone of the importance of maintaining a healthy quality of life. Councilmember McCann stated that he also took part in the Kjwanis golf tournament last weekend, and he encouraged the community to attend the upcoming BonitaFest. CLOSED SESSION 15. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) . One Case No action was taken on this item. 16. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) . One Case No action was taken on this item. 17. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 Property: Agency negotiator: Negotiating Parties: Parcel No. 639-080-22 Rick Ryals, Real Property Manager and Linda Bartz, Attorney City of Chula Vista, BP Products North America, Inc., Arco Service Station. Price and Terms Under Negotiation: No action was taken on this item. Page 10 - Council Minutes September 21, 2004 CLOSED SESSION (Continued) 18. 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 No reportable action was taken on this item. ADJOURNMENT At 10:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 5, 2004, at 4:00 p.m. in the Council Chambers. The meeting of September 28, 2004 has been cancelled. - -j.JJ á..J-Î i. 't J ("> - .) Susan Bigelow, MMC, City Clerk Page 11 - Council Minutes September 21, 2004 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 5, 2004 4:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: 17 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: CounciImembers: Davis, McCann, Rindone, Salas, and Mayor Padilla ABSENT: CounciImembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY JIM SANDOVAL, DIRECTOR OF PLANNING AND BUILDING, OF THE EMPLOYEES OF THE MONTH, RABBIA PHILLIPS, SECRETARY AND DAI HOANG, PLANNING TECHNICIAN II Planning and Building Director Sandoval introduced the employees of the month, Rabbia Phillips and Dai Hoang. Mayor Padilla read the proclamations, and Deputy Mayor Salas presented them to Ms. Phillips and Mr. Hoang. · PRESENTATION BY MAYOR PADILLA OF A PLAQUE FROM THE INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS DESIGNATING CITY CLERK BIGELOW AS A MASTER MUNICIPAL CLERK Mayor Padilla recognized City Clerk Bigelow for her achievement in attaining her Master Municipal Clerk designation, and Deputy Mayor Salas presented her with a plaque. The City Clerk's Office staff also recognized Ms. Bigelow for her accomplishment. . OATHS OF OFFICE: John Nezozzi, International Friendship Commission Patricia Desaracho (Castle Park High School), Youth Commission Yazmin Desaracho (Castle Park Middle School), Youth Commission City Clerk Bigelow administered. the oaths of office to the abovementioned commissioners, and Deputy Mayor Salas presented them each with a certificate of appointment. · INTRODUCTION BY POLICE CHIEF EMERSON OF THE POLICE DEPARTMENT'S NEW PRESS INFORMATION OFFICER, BERNARD GONZALES, RECENTLY PROMOTED POLICE CAPTAINS, DON HUNTER AND GARY WEDGE, AND POLICE RECRUIT, ELMAN GASHYMOV Page 1 - Council Minutes 1 October 5, 2004 SPECIAL ORDERS OF THE DAY (Continued) Police Chief Emerson recognized recently promoted Police Captains Don Hunter and Gary Wedge, and recently hired Police Recruit Elman Gashymov. He then introduced the department's new Press Information Officer, Bernard Gonzales. Police Chief Emerson, on behalf of the Department, also thanked the Council and City Manager Rowlands for their support of the design-build concept for the new police facility that resulted in a project that was on time and on budget. He then presented the Council and City Manager Rowlands with plaques of appreciation. . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVE BYERS, DIRECTOR OF PUBLIC WORKS OPERATIONS, DECLARING THE WEEK OF OCTOBER 4 THROUGH OCTOBER 8, 2004 "CELEBRATE SAFE DRIVING WITH YOUR EMPLOYEES" WEEK Mayor Padilla read the proclamation, and Deputy Salas presented it to Public Works Director Byers. CONSENT CALENDAR (Items 1 through 9) Mayor Padilla announced that Items 5A and B and 6A and B would be removed from the Consent Calendar and continued to a future date at the request of staff. With regard to Item 7, Councilmember McCann spoke stated that he was pleased to see the Harborside Park project progress to the design phase. 1. APPROVAL OF MINUTES of the Adjourned Regular Meeting of September 7, 2004 and the Regular Meeting of September 14, 2004. Staff recommendation: Council approve the minutes. 2. ORDINANCE NO. 2980, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.02.030 RELATING TO THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA (SECOND READING) Adoption of the proposed ordinance amends the disclosure categories as recommended by the Fair Political Practices Commission. This ordinance was introduced at the regular meeting of September 21,2004. (City Clerk, City Attorney) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION NO. 2004-315, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 LffiRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $5,000 FOR EXPENDITURES ASSOCIATED WITH TASTE OF THE ARTS FESTIVAL AND MUSIC IN THE PARK CONCERT SERIES Page 2 - Council Minutes October 5, 2004 CONSENT CALENDAR (Continued) The Office of Cultural Arts received a Community Enhancement Program grant award in the amount of $5,000 from the County of San Diego for the Taste of the Arts Festival and Music In The Park Concert Series to be held during Spring/Summer 2005. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION NO. 2004-316, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 LmRARY DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED GRANT REVENUE IN THE AMOUNT OF $10,000 FOR THE GLOBAL LANGUAGE MATERIALS GRANT The Chula Vista Public Library recently received a one-time Library Services and Technology Act (LSTA) grant from the California State Library in the amount of$10,000 for fiscal year 2005. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2004-317, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A DESIGN BUILD AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. FOR THE PROVISION OF SERVICES REQUIRED TO DESIGN AND CONSTRUCT HARBORSIDE PARK, LOCATED ON OXFORD STREET IN WESTERN CHULA VISTA, AND AUTHORIZING THE TRANSFER OF FUNDS FROM THE WESTERN CHULA VISTA INFRASTRUCTURE PROGRAM (GG188) TO THE HARBORS IDE PARK PROJECT (PR249), AS NEEDED TO BEGIN THE DESIGN PHASE The City Council previously approved Capital Improvement Project No. PR249 and the Master Plan for Harborside Park, which conceptually designed and provided for the construction of a completed and fully functional park. The project is ready to begin the design phase. (Director of General Services) Staff recommendation: Council adopt the resolution. 8 A. RESOLUTION NO. 2004-318, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MEMORANDUM OF UNDERSTANDING WITH THE CHULA VISTA POLICE OFFICER'S ASSOCIATION RELATED TO HEALTH BENEFITS, AND APPROPRIATING FUNDS THEREFOR, BASED ON UNANTICIPATED SALES TAX REVENUES B. RESOLUTION NO. 2004-319, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE MEMORANDUM OF UNDERSTANDING WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 2180 RELATED TO HEALTH BENEFITS, AND APPROPRIATING FUNDS THEREFOR, BASED ON UNANTICIPATED SALES TAX REVENUES Page 3 - Council Millutes October 5, 2004 CONSENT CALENDAR (Continued) City staff recently concluded negotiations with the Chula Vista Police Officer's Association (POA) in response to a health care re-opener in their current memorandum of understanding (MOU). The rising health care premium costs were at issue and staff is recommending a number of changes to the current MOU with POA. Similar changes are also being recommended to the MOU with the International Association of Fire Fighters Local 2180. (Director of Human Resources) Staffrecommendation: Council adopt the resolutions. 9. RESOLUTION NO. 2004-320, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 MANAGEMENT AND INFORMATION SERVICES DEPARTMENT BUDGET BY DELETING ONE INFORMATION SYSTEMS TECHNICIAN AND ONE DATA ENTRY OPERATOR II POSITION, ADDING ONE GEOGRAPHIC INFORMATION SYSTEM (GIS) SPECIALIST POSITION, AND TRANSFERRING $31,256 OF PERSONNEL SERVICES SAVINGS TO THE DEPARTMENT'S SUPPLY AND SERVICE BUDGET TO INCREASE FUNDING FOR ADDITIONAL AUTOMATION APPLICATIONS AND LICENSES TO ADDRESS GROWTH AND ENHANCE EFFECTIVENESS Adoption of the resolution eliminates two vacant clerical posItIOns and adds one Geographic Information Specialist to assist with the support of an increased demand for GIS services. Also proposed is the transfer of $31, 256 to the Management and Information Services Supplies and Services budget ftom personnel services savings to offset increased costs related to growth for additional applications and licenses. (Director of Management and Information Services) Staff recommendation: Council adopt the resolution. ACTION: CounciImember RÍndone moved to approve staffs recommendations and offered Consent Calendar Items 1 through 4 and 7 through 9, headings read, texts waived. The motion carried 5-0. ORAL COMMUNICATIONS Veleria Fabiszak, representing Shane's Inspiration, thanked Councilmember McCann for supporting the special needs program. She stated that the closest park that is fully equipped for children with special needs is in Los Angeles, and she expressed hope for Council support of fundraising efforts to furnish local parks with necessary equipment. Councilmember McCann stated that although the City's parks are in compliance with the Americans with Disabilities Act, they do not provide for all special needs. He explained that a future goal of the City is to build a Shane's Inspiration within one of the local parks and to seek funding through private financing and grant opportunities. He added that the Parks and Recreation Department has allocated $250,000 towards special needs play equipment at the future Montevalle Park, and that there is no other park in the County that will have this inclusionary park equipment. Page 4 - Council Minutes October 5, 2004 PUBLIC HEARINGS 10. CONSIDERATION OF ACCEPTANCE AND APPROPRIATION OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS The Police Department recently received notice of a Local Law Enforcement Block Grant (LLEBG) award in the amount of $65,624 ftom the Bureau of Justice Assistance (BJA). These funds were allocated to the Police Department, based on a three-year average of Part I Violent Crimes. These crimes include murder and non-negligent manslaughters, forcible rape, robbery, and aggravated assaults, as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Local Law Enforcement Block Grant. (Chief of Police) 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. Police Chief Emerson stated that the grant funding would be utilized for the purchase of safety equipment, vests, and taser guns. Councilmember McCann stated that he was appreciative that a portion of the funding would be used for the purchase of tasers, since they are not lethal weapons but still offer protection to the officers, and the new smaller model tasers are more easily distinguished ITom a firing weapon. ACTION: CounciImember McCann offered Resolution No. 2004-321, heading read, text waived: RESOLUTION NO. 2004-321, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $65,624 FROM THE 2004 LOCAL LAW ENFORCEMENT BLOCK GRANT, AMENDING THE FISCAL YEAR 200412005 POLICE BUDGET, AND APPROPRIATING $65,624 FOR OFFICER SAFETY EQUIPMENT The motion carried 5-0. 11. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING VARIOUS CHAPTERS OF THE CITY'S MASTER FEE SCHEDULE The Engineering Division and Public Works Operations Department recently completed a comprehensive review of their elements of the Master Fee Schedule. The proposed fee updates ensure that permit costs continue to be borne solely by those who enjoy their benefit, while allowing the City to fully recoup the cost of providing the associated services. Staff also recommends several textual changes to clarify and standardize the hourly reimbursement language for deposit-based permits. (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. Page 5 - Council Minutes October 5, 2004 PUBLIC HEARINGS (Continued) ACTION: Deputy Mayor Salas ffered Resolution No. 2004-322, heading read, text waived: RESOLUTION NO. 2004-322, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTERS II (RECORDS, DOCUMENTS, RESEARCH AND PROCESSING FEES), IV (BUSINESS FEES), XI (ENGINEERING), AND XII (ENGINEERING - SEWER) OF THE CITY'S MASTER FEE SCHEDULE The motion carried 5-0. ITEMS PULLED FROM THE CONSENT CALENDAR The following items were pulled from the Consent Calendar and continued to a future date at the request of staff. No action was taken on these items: 5 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $82,990 BASED ON UNANTICIPATED REIMBURSEMENTS FROM THE SEWER FACILITIES REPLACEMENT FUND FOR THE REMAINDER OF THE CURRENT FISCAL YEAR AND APPROVING ADDITIONAL STAFF FOR THE WASTEWATER MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 PUBLIC WORKS OPERATIONS BUDGET BY APPROPRIATING $232,442 BASED ON UNANTICIPATED REIMBURSEMENTS FROM THE SEWER FACILITIES REPLACEMENT FUND FOR EQUIPMENT FOR THE WASTEWATER MAINTENANCE SECTION OF PUBLIC WORKS OPERATIONS PBS&J was hired to prepare an update to the City's Wastewater Master Plan, a component of the City's on-going General Plan Update. Part of their initial findings was that 200,000 linear feet of video inspections should be conducted annually in order to determine the condition of the sewer system. Consequently, Public Works Operations is now requesting a two-person crew and TV van to specifically video all the City's wastewater lines. (Director of Public Works Operations) Staff recommendation: Council continue this item to a future date. 6 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A BUDGET TRANSFER IN THE AMOUNT OF $35,000 FROM PROJECT NO. STL-297, AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS, FISCAL YEAR 2004/2005 TO PROJECT NO. STL-292, ADA CURB CUTS PROGRAM, FISCAL YEAR 2003/2004, FOR UNANTICIPATED CHANGES IN SCOPE OF WORK AND STAFF TIME EXPENSES INCURRED PRIOR TO AND DURING CONSTRUCTION OF THE PROJECT (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CHANGE ORDER NO. I FOR THE AMERICANS WITH DISABILITIES ACT (ADA) CURB CUTS PROGRAM, FISCAL YEAR 2003/2004 IN VARIOUS LOCATIONS IN THE CITY (pROJECT NO. STL-292) AND AUTHORIZING THE DIRECTOR OF GENERAL SERVICES TO EXECUTE SAID CHANGE ORDER ON BEHALF OF THE CITY Page 6 - Council Minutes October 5, 2004 ITEMS REMOVED FROM THE CONSENT CALENDAR (Continued) Adoption of the resolutions approves additional construction required for the Americans with Disabilities Act (ADA) Curb Cuts Program to comply with new standards for pedestrian ramps and bus stop area bench pads in various locations of the City. The proposed resolutions also allow for the transfer of funds for unanticipated changes in scope of work, and approve change order no. I for the project. (Director of General Services, Director of Public Works Operations) Staff recommendation: Council continue this item to a future date. OTHER BUSINESS 12. CITY MANAGER'S REPORTS There were none. 13. MAYOR'S REPORTS There were none. 14. COUNCIL COMMENTS Councilmember Davis stated that she attended the recent Fire Department open house, which was well attended and appreciated by the community. Deputy Mayor Salas spoke about the success of the recent light bulb exchange program. She also commented on the successful Fire Department open house. Councilmember McCann also spoke about the tremendous light bulb exchange program and suggested that the Fire Department disseminate information to the community regarding hazards associated with torchlights. He stated that he also attended the Fire Department open house and the Rotary wine tasting event. Councilmember RÍndone requested to change the meeting time of the October 12, 2004 Council Meeting ITom 6:00 p.m. to 5:30 p.m., due to Hilltop High School Open House and Preliminary Scholastic Aptitude testing. ACTION: Councilmember Rindone moved to change the meeting time for the regularly scheduled meeting of October 12, 2004 ITom 6:00 p.m. to 5:30 p.m. Councilmember Davis seconded the motion, and it carried 5-0. CLOSED SESSION 15. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . ARB v Eastlake (SDSC #GISI5582) This item was not discussed, and no action was taken. Page 7 - Council Minutes October 5, 2004 CLOSED SESSION (Continued) 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 No reportable action was taken on this item. 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) No reportable action was taken on this item. ADJOURNMENT At 7:00 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting on October 12,2004, at 5:30 p.m. in the Council Chambers. ë.-- > ÙJ.. ~'l:~ Susan Bigelow, MMC, City Clerk Page 8 - Council Minutes October 5, 2004 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 5, 2004 4:00 P.M. A Special Meeting of the City Council of the City ofChula Vista was called to order at 5:30 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers Davis, McCann, RÍndone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands and City Attorney Moore CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) . Workers' Compensation Appeals Board, Case no. SDO 0261226 No reportable action was taken on this item. ADJOURNMENT At 7:00 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of October 12,2004, at 5:30 p.m., in the Council Chambers. ~ ~,Lui..L--; ~ J £). Susan Bigelow, MMC, City Clerk 1 Lorraine Bennett From: Sent: To: Subject: Leticia Lazo Tuesday, October 19, 2004 7:55 AM Lorraine Bennett FW: Contact Form Message received via website...... -----Original Message----- From, jW®goldencashflow.com [mailto,jw@goldencashflow.comJ Sent, Monday, October 18, 2004 12,35 PM To: cityclerk@ci.chula-vista.ca.us Subject, Contact Form The following information has been received: email: cityclerk@ci.chula-vista.ca.us Department, City Clerk Division: First Name, John Last Name: Wines Email: jW@goldencashflow.com Message: To:Lorraine Bennett Subject:Resignation Dear Ms.Bennett, Due to personal reasons, I am resigning my position on the Housing Advisory Commission.I hope to continue in another capacity and area in the future. I would like to thank the City for providing me with the opportunity to be able to serve our city as a volunteer citizen. Sincerely, John H. wines 2 ORDINANCE NO. þ..'ùO~'\O~ ~t.CO~'ù Rt.þ..'ù\~G þ..~'ù AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING CHAPTER 15.58 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO PLACARDS USED TO DENOTE THE CONDITION OF STRUCTURES AND THE ABILITY TO SAFELY OCCUPY OR USE THOSE STRUCTURES AFTER A DISASTER WHEREAS, In 1987, the California Governor's Office of Emergency Services, the Statewide Health Planning and Development and the Federal Emergency Management Agency jointly contracted with Applied Technology Council (ATC) for the purpose of standardizing the procedures for post earthquake safety assessment of buildings and structures; and WHEREAS, the outcome was a publication titled "Procedures for Post-Earthquake Safety Evaluation of Buildings" also known as ATC-20; and WHEREAS, the procedures outlined in ATC-20 are an essential component of the statewide Standardized Emergency Management System (SEMS) used by jurisdictions, including Chula Vista, to respond to any type of emergency or disaster; and WHEREAS, the A TC-20 procedures include posting placards that clearly identify the conditions of buildings and structures for owners, occupants and the general public; and WHEREAS, the placards are intended to identify unsafe buildings or structures, and at the same time, identify buildings or structures that can be reoccupied or used, keeping fewer people homeless. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain: SECTION 1. That Chapter 15.58 of the Chula Vista Municipal Code is hereby added to read as follows: CHAPTER 15.58 SAFETY ASSESSMENT PLACARDS Sections: 15.58.010 15.58.020 15.58.030 15.58.040 15.58.050 Intent Application of Provisions Definitions Placards to be used Violation - Penalty 3-1 Safety Assessment Placards Ordinance No. Page 2 of3 15.58.G1 0 Intent This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy or use after the occurrence of a disaster. The chapter further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. 15.58.020 Application of Provisions The provisions of this chapter are applicable to all buildings and structures of all occupancies or use regulated by the City of Chula Vista. 15.58.030 Definitions "Disaster" shall mean any natural or human-created occurrence which results in a disaster declaration by a governmental entity or person authorized to issue such a declaration, including but not limited to, the city manager, city council, the governor ofthe State of California and the President ofthe United States. "Disaster" shall include wind storms, earthquakes and after shocks, fires, floods, terrorist attacks, hazardous materials incidents and other occurrences resulting in a disaster declaration. "Safety assessment" shall mean a visual, non-destructive examination of a building or structure for the purpose of determining the condition for continued occupancy. 15.58.040 Placards A. Placard descriptions. The following are descriptions of the official City of Chula Vista placards to be used to designate the condition for continued occupancy of buildings or structures. I. INSPECTED - Lawful Occupancy Permitted. Such a placard is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure 2. RESTRICTED USE. Such a placard is to be posted on each building or structure that has been damaged wherein the damage has resulted in the need for some fom:¡ of restriction to its continued occupancy. The individual who posts this placard should note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. 3. UNSAFE - Do Not Enter or Occupy. Such a placard is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or 3-2 Safety Assessment Placards Ordinance No. Page 3 of3 considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. B. No liability created. The inspection and posting of a building as allowing occupancy or restricted occupancy does not guarantee its safety. The city shall not be held liable for any injuries, damage or death resulting from a building or structure which fails or partially fails after having been inspected and posted to allow occupancy. C. Other placards. From time to time the three placards listed above may need to be modified or new ones developed. The City Manager and Building Official are hereby authorized to modify those placards as well as develop new placards with a different focus or purpose. All new placards and changes to existing placards shall be consistent with the purpose and intent of this chapter. D. Other placard contents. The text "CVMC Chapter 15.58", the city logo, city name, city address and city phone number shall be permanently affixed to each placard. E. illegal to occupy. Once a placard has been attached to a building or structure, it shall be unlawful to occupy or use said building or structure in a way which contravenes the order contained in the placard. F. illegal to remove, cover or alter placard. Once posted, a placard shall not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this section. 15.58.050 Violation - Penalty Any person who violates any provision of this chapter is guilty of a misdemeanor and is punishable by a fine not exceeding $1,000 or by imprisonment for a period of not exceeding six months, or by both. Each such person shall be guilty of a separate offense for each and every day a violation ofthis chapter is committed, continued, or permitted by any such person. SECTION II. This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by ::00.- (. H-a.-- Jim Sandoval Director of Planning and Building Ann Moore City Attorney 3-3 COUNCIL AGENDA STATEMENT Item <{- Meeting Date 10/26/04 ITEM TITLE: Ordinance Amending Sections 10.52.480,10.56.040 and 10.56.290 of the Municipal Code (parking Lots, Meter Zones and Permit Parking) SUBMITTED BY: Director of General Services/City Engineer S\><- REVIEWED BY: City Manager~ Q\'" (4/5ths Vote: Yes_ NoX) This ordinance will update the Chula Vista Municipal Code (CVMC) as follows: · Amend Section 10.52.480 to add five parking lots to the list oflocations designated as off-street parking facilities owned or operated by the City, · Amend Section 10.56.040 regarding the location of parking meter zones and the duration of parking in these zones, and · Amend Section 10.56.290 to add three City parking lots to the list of locations designated as permit parking areas for the City. Adoption of this ordinance will "clean up" three sections ofthe CVMC and will not result in any field changes. RECOMMENDATION: That Council adopt the ordinance. BOARDS AND COMMISSIONS: The Town Centre Project Area Committee has reviewed and approved this item during its meeting on 9/21/04. DISCUSSION: SECTION I - Amend Section 10.52.480 (Municipal Parking Lots) California Vehicle Code Section 22519 allows the City to regulate parking in City owned or operated off-street parking facilities. Staff recommends adding the following locations to the list of designated parking facilities contained in CVMC 10.52.480. This will allow the regulation of parking in these facilities. The restrictions applicable to these locations are listed in Schedule XV maintained in the office of the City Engineer. Desi!!nated Parkin!! Lot Location No. 11 Chula Vista Community Park Parking Lot Southwest Comer of Church Ave. & Center St. South ofChula Vista Community Park and west ofEastlake Parkway 4-1 Page 2, Item .4- Meeting Date 10/26/04 Employee Parking Lot West of Maxwell Rd. at the John Lippitt Public Works Center Ken Lee Building Parking Lot Police Department Parking Structure West of Fourth Ave. and south ofF St. (east of the Ken Lee building) East of Fourth Ave. and south ofF St. (east ofthe new Police Department) SECTION II - Amend Section 10.56.040 (Parking Meter Zones) Staffhas surveyed the existing parking meter zones in the City and recommends updating Schedule XI in Section 10.56.040 ofthe CVMC as follows to reflect existing conditions in the field. (Note: items to be deleted are crossed out and items to be added are shown underlined.) Name of Street Beginning At Center Street Third Avenue Cgnter SktH~t Thirà }~ . BRliG Church Avenue F Street Del Mar A venue F Street E Stn~gt ChlMBß A. êl1ti@ E Street Garrett Avenue F Ekggt CLm:!. .\.. €lltiB F Street Garrett A venue G Street ~ 100 ft. W/W curb line of Third Avenue C Strggt 125 :ft. 11,',rt,l,' ÐW Bline BfT1iIàA,êLtH! Schedule XI Ending At Side Duration N/S I hour or 9 lQ hours &-1ft ~ E/W 2 hours or J,J lQ hours East 9 ID-hours W& J LSlifS N/S 2 hours Del Mar Avenue E)gl r far ."~ [mtl@ E Street Center Street Dol tIll! A. ßßtiC 100 ft. EIB curbline of Landis ~ Avenue Del r far A. mUH! &-1ft J lumrs Del Mar Avenue North 30 minutes or 1 hour or 2 hours 100 ft. EIB curb line of Church Avenue 2 {4 Ininl:lt8g 1 hour or 2 hours &-1ft N/S 159 ft. ElI Imr1Jling of Third A ßnlH! 1 Latif ør J hütlIO N@I'Ift 4-2 Name of Street Beginning At Ending At Garrett Avenue ,¡,oo 125 ft. S/S 150 ft. N/N curb line curb line of E Street of E Street Landis Avenue F Street ~r C~lÜH~ Bf 300 ft. RBFt!. øfNIN E Stfsst curb line ofE Street Landis Avenue F Street 170 ft. N/N curb line of E Street Madrona Street Third Avenue I;; 125 ft.~E/E @If!!ß1iFli! IJfTIÜui curbline of Third A,@ntH! Avenue Park Way ,¡,oo 125 ft. W/W Third Avenue curbline of Third Avenue Third Avenue Alvarado Street E Street Third Avenue Roosevelt Street E Street Third Avenue Center Street Madrona Avenue No.1 No.2 No.3 No.4 No.5 No.6 No.7 No.8 Public Parking Lot: Northwest Comer of Church & Madrona 200 Block of Landis (north ofF Street) Northeast Comer of Landis & Davidson Northwest Comer of Church & Davidson Southwest Comer of Church & Davidson Near Southeast Comer of Third & Madrona Near Southeast Comer of Landis & E 281-287 Church Avenue (between Church & Del Mar) 230-232 Church Avenue Southwest Comer of Church & Center Street Norman Park Senior Center between F Street & Center Street No.9 No. 10 No. 11 Side ~East ~ East West N/S N/S East West East Page 3, Item 4- Meeting Date 10/26/04 Duration 2 hours 2 hours or 9 lQ hours 30 minutes or 2 hours or 10 hours 1 hour 1 hour 2 hours 2 hours 30 minutes or 2 hours Duration: 9 lQ hours 4 hours and/or 9 lQ hours 4 hours and/or 9lQ hours 4 hours and/or 9 10 hours 4 hours and/or 9 10 hours 9 lQ hours 1 hüttfs 8.uJ.1m ~ lQ hours 1 hBMf8 &Là/Øf '; 10 hours 4 hours and/or 9 10 hours 4 hours and/or 9 10 hours 2 hours SECTION III - Amend Section 10.56.290 (Permit Parking) The CVMC authorizes the use of permit parking in parking meter zones and municipal parking lots described in CVMC Section 10.56.290 and listed in Schedule XII maintained in the office ofthe City Engineer. Staff recommends updating this section of the CVMC to designate three additional City parking lots as permit parking areas. The CVMC would also be updated to allow permit parking for up to 10 hours (rather than 9 hours) to reflect the 10 hour time limit on the parking meters in City metered 4-3 Page 4, Item 4- Meeting Date 10/26/04 lots. The CYMC would be revised as follows (additions are shown underlined and deletions are crossed out): 10.56.290 Permit parking - Areas designated - Schedule XII. Pursuant to Yehicle Code Sections 22508 and 22519 and in accordance with CYMC 10.56.270 and 10.56.280, the following areas IHi!Jlis j!Jaf¡iRg lets 1 te 19 (j!JafliÍRg meter BeRes) ar¡à tl18 Bl11J11o~'Be ~af:ldRg let BE. tk~ R€n~. 8Üie €}fP Str€!€Jt, "::e8t arm€! ißtefaBstÜnl "::itk Fowih. AT, GRlU3 (';:-:30t eftR€J Mn.~ stati811 anti that an~a Bag! and R€ns1:h eftke Mre atatÜnl), are also designated as permit parking areas wherein vehicles displaying appropriate parking permits or tags shall be allowed to park in spaces so marked for up to !!ioo ten hours (all day): Parking Zone Public parking lots 1 to 10 (parking meter zones) Employee parking lot Employee parking Lot Ken Lee Building Parking Lot Police DeIJartment Parking Structure Location Refer to CVMC 10.56.040 for locations North side ofF St.. west of Fourth Ave. (west of the fire station and that area east and north ofthe fire station) West of Maxwell Rd. at the John LiPIJitt Public Works Center West of Fourth Ave. and south ofF St. (east of the Ken Lee building). East of Fourth Ave. and south ofF St. (east of the new Police Department) FISCAL IMPACT: None. No changes in the field will be required as a result of adopting this Ordinance. J:IEngineerlAGENDAISch 11 12 15 Amend CVMC.sm.doc Rev. 10/8/2004 11:39 AM 4-4 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 10.52.480, 10.56.040 AND 10.56.290 OF THE MUNICIPAL CODE RELATING TO PARKING LOTS, METER ZONES AND PERMIT PARKING WHEREAS, the California Vehicle Code allows the City to regulate parking in City- owned or operated off-street parking facilities, set time limits in parking meter zones, and restrict parking to those vehicles displaying special permits; and WHEREAS, changes to various Parking Schedules are necessary to keep the Municipal Code current. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain: SECTION I: That Section 10.52.480 of the Chula Vista Municipal Code is amended to read as follows: 10.52.480 Municipal parking lots - Designated - Manner of parking required - Schedule XV. Pursuant to Vehicle Code Section 22519, the following areas are designated as off-street parking lots owned or operated by the city. It is unlawful for any vehicle to park in a municipal parking lot except in accordance with the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of said allotted space, with the front wheel nearest the curb and within six inches of said curb or other stop, and in accordance with the time limits indicated on signs erected in the area by the city engineer pursuant to regulation adopted under CVMC 10.04.030. The city engineer shall maintain within a register a Schedule XV listing the restrictions applicable to these locations. Designated Parking Lot Location No.1 No.2 No.3 No.4 No.5 No.6 No.7 No.8 No.9 No. 10 No. 11 Northwest comer of Church and Madrona 200 block of Landis Northeast comer of Landis and Davidson Northwest comer of Church and Davidson Southwest comer of Church and Davidson Near Southeast comer of Third and Madrona Near Southeast comer of Landis and E Street 281-287 Church Avenue (Church and Del Mar) 230-232 Church Avenue Norman Park Senior Center between F Street and Center Southwest Comer of Church Ave. and Center St. Downtown Parking Structure South side of Third Avenue and F Street 4-5 Revise Parking Lots, Meters, Zones Page 2 of4 Text underlined is added Text r.è1iB.à is deleted North side of F Street, west of intersection with Fourth Avenue (west of fire station and that area east and north of the fire station designated a permit-required parking area.) Employee parking lot Chula Vista Community Park Parking Lot South of Chula Vista Community Park and west of Eastlake Parkway Employee parking lot West of Maxwell Road at the John Lippitt Public Works Center Ken Lee Building parking lot West of Fourth Avenue and south ofF Street (east of the Ken Lee building) Police Department parking structure East of Fourth Avenue and south ofF Street (east of the new Police Department) SECTION II: That Section 10.56.040 of the Chula Vista Municipal Code is amended to read as follows: 10.56.040 Meter zones - Designated - Fees - Schedule XI. In accordance with CVMC 10.56.030, parking meter zones are hereby established upon those public parking lots and streets or portions of streets described herein in which parking of vehicles shall be regulated by parking meters between the hours specified in CVMC 10.56.150 and upon the signs erected thereon, and for the duration specified below and upon the signs erected thereon, of any day except Sundays or public holidays defined in CVMC 10.08.110, as follows: Name of Street Beginning At Center Street Third Avenue C."ter gtre.t Thirà Ay.""e Church Avenue F Street Del Mar Avenue F Street Ii: Street Chu:feh ¿^..:VeBl:le E Street Garrett Avenue F gtreet CllIIreh .^e.'.""e F Street Garrett Avenue Schedule XI Ending At Side Duration Del Mar Avenue N/S I hour or ~ 10 hours Del Mar Ay."". 800th -I-OOW' E Street E/W 2 hours or 9 10 hours Center Street East 9 JJl..hours Del Mar 'vie"". W8 2 hem's 100 ft. EIE curbline of N/S Landis &treet-A venue 2 hours Del Mar 1\ye"". 800th 2 hems Del Mar Avenue North 30 minutes or I hour or 2 hours 4-6 Revise Parking Lots, Meters, Zones Text underlined is added Page 2 of4 Text reèliÐeà is deleted Name of Street Beginning At Ending At Side Duration G Street 4í) 100 ft. W/W 100 ft. E/E curbline of 8e\HI¡ 39 miButes 1 hour or 2 curbline of Third Church Avenue N/S hours Avenue G gtreet 125 ft. 'J,~,,\V 61:li"bliRe 159 ft. E!B ellreliBe ef Nerth I halli' ar 2 haurs afTmnl A';cftlle Thirà i\ ,'efme Garrett Avenue +00-125 ft. S/S 150 ft. N/N curbline NÆ 2 hours curbline ofE Street ofE Street East Landis Avenue F Street N Clli'èliBe ef 300 ft. Barth efN/N IiA¥ 2 hours or 9 10 hours B Street curbline of E Street East Landis Avenue F Street 170 ft. N/N curbline West 30 minutes or 2 hours of E Street or 10 hours Madrona Street Third A venue Ii; 125 ft. east-ef E/E N/S 1 hour elli'èliBe efThirà curbline of Third ¿A..V-øB1:le Avenue Park Way -±oo 125 ft. W/W Third Avenue N/S I hour curb line of Third Avenue Third Avenue Alvarado Street E Street East 2 hours Third Avenue Roosevelt Street E Street West 2 hours Third Avenue Center Street Madrona Avenue East 30 minutes or 2 hours Public Parking Lot: Duratiou: No.1 Northwest Comer of Church and Madrona 9 10 hours No.2 200 Block of Landis (north ofF Street) 4 hours and! or 9 10 hours No.3 Northeast Comer of Landis and Davidson 4 hours and!or 9 10 hours No.4 Northwest Comer of Church and Davidson 4 hours and! or 9 10 hours No.5 Southwest Comer of Church and Davidson 4 hours and! or 9 10 hours No.6 Near Southeast Comer of Third and Madrona 9 10 hours No.7 Near Southeast Comer of Landis and E 1 a8l:H'S anè/ SF 9 10 hours No.8 281-287 Church Avenue (between Church and Del Mar) 1 asl:H's anà/ SF ~ 10 hours No.9 230-232 Church Avenue 4 hours and! or 9lQ hours No. 10 Southwest Comer of Church and Center 4 hours and! or 9lQ hours No. 11 Nonnan Park Senior Center between F Street and Center 2 hours The city engineer shall maintain within a register a Schedule XI listing the restrictions applicable to these locations where parking meter zones have been established. 4-7 Revise Parking Lots, Meters, Zones Page 2 of 4 Text underlined is added Text r.àliR.à is deleted SECTION III. That Section 10.56.290 of the Chula Vista Municipal Code is amended to read as follows: 10.56.290 Permit parking - Areas designated - Schedule XII. Pursuant to Vehicle Code Sections 22508 and 22519 and in accordance with CVMC 10.56.270 and 10.56.280, the following areas/lots paàlie parking lets I te lQ (paddRg !Reter zaRes) ant! the employee parlGng lot en the north side of F Street, west sf the interseetien ·,yith Fourth "'.yenue (west of the fIre statien and that area east and nerth sf the Bre station), are also designated as permit parking areas wherein vehicles displaying appropriate parking permits or tags shall be allowed to park in spaces so marked for up to Bffie ten hours (all day). SCHEDULE XII Parking Zone Location Public parking lots 1 to 10 (parking meter zones) See CVMC Section 10.56.040 for locations Emplovee parking lot North side ofF Street. west of Fourth Avenue (west of the fire station and that area east and north of the fire station) Emplovee parking lot West of Maxwell Road at the John Lippitt Public Works Center Ken Lee Building parking lot West of Fourth Avenue and south ofF Street (east of the Ken Lee building). Police Department parking structure East of Fourth Avenue and south ofF Street (east of the new Police Department) SECTION IV. Pursuant to Califoruia Vehicle Code Section 22508, the City Engineer is hereby directed to submit this Ordinance to the Department of Transportation for written approval. SECTION V. This Ordinance shall take effect and be in full force on the thirtieth day ftom and after its adoption. Presented by Approved as to form by :L:ò.- {. {-J-.( -- Jack Griffin General Services Director Ann Moore City Attorney SharedlAttarneylOrdinances\Revise CVMC Parking lots, meters, permits. doc 4-8 COUNCIL AGENDA STATEMENT ......- Item 'J Meeting Date 10/26/04 ITEM TITLE: A. Ordinance Establishing a 45 mph speed limit on La Media Road ftom Telegraph Canyon Road to Olympic Parkway Establishing a 40 mph speed limit on Heritage Road from Telegraph Canyon Road to Olympic Parkway Establishing a 35 mph speed limit on Paseo Ladera ftom Telegraph Canyon Road to East Palomar Street SUBMITTED BY: Director of General Services/City Engineer ~ REVIEWED BY: City Manage~ {}.o, (4/Sths Vote: Yes_ NoX) Ordinance B. C. Ordinance Based on provisions of the California Vehicle Code and pursuant to authority under the Chula Vista Municipal Code, the City Engineer has determined that the following speed limits be established: · A 45 mph speed limit on La Media Road from Telegraph Canyon Road to Olympic Parkway · A 40 mph speed limit on Heritage Road ftom Telegraph Canyon Road to Olympic Parkway · A 35 mph speed limit on Paseo Ladera from Telegraph Canyon Road to East Palomar Street. RECOMMENDATION: That Council adopt the ordinances. BOARDS AND COMMISSIONS: The Safety Commission, at their meeting of September 16, 2004, voted to concur with staff's recommendation to establish these speed limits on La Media Road, Heritage Road and Paseo Ladera. DISCUSSION: ITEM A - La Media Road La Media Road ftom Telegraph Canyon Road to Olympic Parkway is not currently posted with a speed limit and an official speed limit has yet to be established by ordinance of the City Council. Staff has completed an Engineering and Traffic Survey for this roadway that will be in effect until August 20 II. Based on the 85th percentile speeds, as well as other roadway characteristics outlined . in the survey, staff recommends establishing a 45 mph speed limit on this portion of La Media Road. Speed limits should be established at or below the 85th percentile speed in increments of five (5) mph. The 85th percentile speed is defined as the speed at or below which 85 percent of the traffic is moving. Speed limits set in this manner provide law enforcement officers with the means to control drivers who will not conform to what the majority considers reasonable and prudent. 5-1 Page 2, Item 5 Meeting Date 10/26/04 Upon approval of the proposed speed limit by City Council, Schedule X of the register maintained in the office of the City Engineer will be revised to include the following information: 10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated Name of Street Beginning At Ending At Proposed Speed Limit La Media Road Telegraph Canyon Rd. Olympic Parkway 45 mph The existing characteristics for La Media Road, as shown in the Engineering and Traffic Survey, are listed in the following table. Segment Limits Len th/Width Classification ADT ear Exist. Seed Limit 8Sth% Seed Number of Lanes Stri in On-Street Parkin Land Use Horizontal Ali nment Vertical Ali nment Accident Rate: Se ment / State this roadwa 7.8% 0.48/2.16 (per million vehicle miles) ITEM B - Heritage Road Heritage Road from Telegraph Canyon Road to Olympic Parkway is currently posted with a40 mph speed limit along a portion of its length (south of East Palomar Street); however, an official speed limit has yet to be established by ordinance of the City Council. Staffhas completed an Engineering and Traffic Survey for this roadway that will be in effect until August 2011. Based on the 85th percentile speeds and the design speed of the roadway, as well as other roadway characteristics outlined in the survey, staff recommends establishing a 40 mph speed limit on this portion of Heritage Road. Upon approval of the proposed speed limit by City Council, Schedule X of the register maintained in the office of the City Engineer will be revised to include the following information: 5-2 Page 3, Item .5 Meeting Date 10/26/04 10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated Name of Street Beginning At Ending At Proposed Speed Limit Heritage Road Telegraph Canyon Rd. Olympic Parkway 40 mph The existing characteristics for Heritage Rd., as shown in the Engineering and Traffic Survey, are listed in the following table. Segment Limits Len th/Width Classification ADT ear Exist. Seed Limit 8Sth% Seed Number of Lanes Stri in On-Street Parkin Land Use Horizontal Ali nment Vertical Ali nment Accident Rate: Se ment / State Telegraph Canyon Rd. - Olympic Parkway 0.7 mi. / 104' -121' with a raised median 6 Lane Prime 15,810 2003 south ofE. Palomar St. 42 - 43 m h 6 Bike lanes and left turn ockets Prohibited No direct residential or business fronta e alon this roadwa Miuimum radius 2000' 6.9% ade difference over 500' (44 m h desi 0.33/2.16 (per million vehicle miles) ITEM C - Pas eo Ladera Paseo Ladera from Telegraph Canyon Road to East Palomar Street was posted with a 35 mph speed limit when the roadway was built; however, an official speed limit has yet to be established by ordinance of the City Council. Staffhas completed an Engineering and Traffic Survey for Paseo Ladera from East "I" Street to East Palomar Street that will be in effect until December 2009. The speed limit for the portion of Paseo Ladera north of Telegraph Canyon Road was previously established and will not change. The speed limit for the portion of Pas eo Ladera ftom Telegraph Canyon Road to East Palomar Street, which is the subject of this report, will be established by this ordinance. Speed limits should be established at or below the 85th percentile speed in increments of five (5) mph. In addition to the 85th percentile speed, the design speed of a roadway is also considered when establishing a speed limit. Even though the vertical alignment of Pas eo Ladera produces a design speed of29 mph, this vertical curve occurs at the intersection of Pas eo Ladera and Telegraph Canyon Road, beginning 2' north of the south curb line and ending 268' south of the PCR (point of curb return). Since this vertical curve occurs at a controlled intersection, and an accident analysis shows no correlation between the vertical curve and accidents at the intersection, it is felt that the proposed speed limit should be based on the 85th percentile speed as well as the design speed of the remaining vertical curves within the segment. The 85th percentile speed is 37 mph and the minimum design 5-3 Page 4, Item .5 Meeting Date 10/26/04 speed of the next most restrictive vertical curve is 34.7 mph (created by a 3.95% grade difference over 170' in a crest vertical curve beginning 285' north of Higgins Street). This data supports the establishment of a 35 mph speed limit. Therefore, based on this information, as well as other roadway characteristics outlined in the Engineering/Traffic Survey, staff recommends establishing a 35 mph speed limit on Paseo Ladera ftom Telegraph Canyon Road to East Palomar Street. Upon approval of the proposed speed limit by City Council, Schedule X of the register maintained in the office of the City Engineer will be revised to include the following information: 10.48.020 Schedule X - Established Speed Limits in Certain Zones - Designated Name of Street Beginning At Ending At Proposed Speed Limit Paseo Ladera Telegraph Canyon Rd. East Palomar St. 35 mph The existing characteristics for Paseo Ladera, as shown in the Engineering and Traffic Survey, are listed in the following table. Segment Limits Len th/Width Classification ADT ear Exist. Seed Limit 8Stho/o Seed Number of Lanes Stri in On-Street Parkin Land Use Horizontal Ali nment Telegraph Canyon Rd. - East Palomar St. 0.51 mi. / 80' with a raised median Class I Collector 2,615 2002 35m h 37m h 4 Bike lanes and left turn ockets Prohibited No direct residential or business ftonta e alon this roadwa 1100' radius Vertical Alignment Accident Rate: Se ment / State FISCAL IMPACT: The cost to install signs and pavement legends is $4,400.00 ($3,500.00 for La Media Road and $900.00 for Heritage Road). Paseo Ladera is already posted and requires no additional work. These costs are included in the Public Works Operations operating budget. Attachments: Engineering Traffic Surveys Aerials J:\Engineer\AGENDA\Speed La Media Heritage Ps Ladera.sm.doc Rev. 9/22/2004 4:07 PM 5-4 SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY STREET: La Media Road LIMITS: Telegraph Canyon Road - Olvmpic Parkway Length of Segment(ft): 5.303 '(1.00 mile) Existing Posted Limit (mph): Not Posted SUMMARY OF SPEED SURVEYS Segment: Telegraph Canvon Rd - E Palomar St Date Taken: 8/10/2004 No. ofVehic1es on Sample (cars): 100 85th Percentile (mph): 43 mtJh Range of Speeds Recorded (mph): 22-51 mph E Palomar St - Olvmoic Pw 8/10/2004 100 49mtJh 22-54 mph ROADWAY CHARACTERISTICS Width (ft): 104'-112' curb-to-curb (4'-24' raised median) Total No. of Lanes: 6 lanes total (3 per direction) Horizontal Alignment: 2.000.00' minimum radius over 1.545' along the centerline. Vertical Alignment: Grade change ftom-2.0% to 5.80% over a length of801' along the centerline produces a design speed of 52 mph. TRAFFIC CHARACTERISTICS Average Daily Traffic: 13.419 (Year 2002) On-Street Parking: Not Allowed Special Conditions: Bike lanes along both sides of the roadway. Accident History: The accident rate at this segment is (0.48 per million vehicle miles) which is lower than the average rate of (2.16 for similar highways in the State of California. SURVEY RESULTS Study was Prepared by: Patrick Moneda Date: 8/10/2004 Recommendation: Establish 45 mph speed limit based on the 85th percentile speeds. Date Recommendation Approved: ~/Í;:/ 0 .¡ By: James . Newton. P.E. ø Approved Speed Limit (mph): 45 mph ¡:r Pet CVC 40803, Survey Expires: 8/10/2011 IICitywide2000lhomelEngÏneerlTRAFFIClENGINEERING & TRAFFIC SURYEYSlSpeed Lllnit S1JIVeysILa Media(Telegraph- . . b-b Olympic).doc ~ ]: ~ u '''''; ~ >-. ......... o I . '"0 ~ ~ o >-. ~ ·ro U ,J::1 g. H OJ) (]) ......... (]) E--< "-' . '"0 ~ ro '''''; '"0. (]) ~ ro ~ SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY . STREET: Heritage Road LIMITS: Telegraph Canyon Road - Olvrrmic Parkway Length of Segment(ft): 3.695 (,70 miles) Existing Posted Limit (mph): 40 mph (Not Established) SUMMARY OF SPEED SURVEYS Segment: Telelrnl\,h Canvon Rd - E pillomar St Date Taken: 8/4/2004 No. ofVehic1es on Sample (cars): 100 85th Percentile (mph): 43 mph Range of Speeds Recorded (mph): 29-50 mph E Palomar St Olvmuic Pw 8/4/2004 100 42 mph 22-50 muh ROADWAY CHARACTERISTICS Width (ft): 104'-121' curb-to-curb (4'-24' raised median) Total No. of Lanes: 6 lanes total (3 per direction) Horizontal Alignment: 2.000.00' minimum radius over 568' along the centerline. .vertical Alignment: Grade change fÌ"om -0.9% to 6.0% over a length of 500.00' along the centerline produces a design speed of 44 mph. TRAFFIC CHARACTERISTICS Average Daily Traffic: 15.810 (Year 2003) On-Street Parking: Not Allowed Special Conditions: Bike lanes along both sides of the roadway. Accident History: The accident rate at this segment is (0.33 per million vehicle miles) which is lower than the average rate of (2.16 for similar highwavs in the State of California. Study was Prepared by: Patrick Moneda Date: 8/4/2004 Reco=endation: Establish 40 m h seed limit Date Reco=endation Approved: 8 Iv 0 By: James R. Newton P.E.- Approved Speed Limit (mph): 40 mph Per CVC 40803, Survey Expires: 8/4/2011 SURVEY RESULTS \\Citywide2000IhomelEngineer\TRAFFlC\ENGINEERlNG & TRAFFIC SURYEYSlSpeed Lhnit Surve)"'IHeritage Rd(Telegraph- . 5-7 Olympic).doc ~ £ ~ u ....... € ;>. ........ o I .-d ~ ~ o § U ~ ª" ;.....; bl) (I.) ........ (I.) ~ ~ .-d ~ (I.) bl) C'j ..... ....... ;.....; (I.) ::q SPEED LIMIT - ENGINEERING/TRAFFIC SURVEY STREET: Paseo Ladera LIMITS: East "J" Street to East Palomar St Length of Segment (ft): 5.623' (1.07 miles) Existing Posted Limit (mph): 35 mph SUMMARY OF SPEED SURVEY Segment: E "J" Street - Paseo Entrada Date Taken: 12/13/02 No. of Vehicles on Sample: 100 85th Percentile: 36 mph Range of Speeds Recorded: 21-46 moh Paseo Entrada - Telegraph Canyon Rd 12/18/02 100 41moh 22-47 mph Segment: Telegraph Canyon Road - E Palomar Street Date Taken: 12/13/02 No. of Vehicles on Sample: 100 85th Percentile: 37 moh Range of Speeds Recorded: 21-46 moh ROADWAY CHARACTERISTICS Width (ft): Varies from 44'- 64' from East "J" Street to Telegraph Canvon Road. and 80' from Telegraph Canvon Road to E. Palomar Street. Raised median varving from 6'-16' from Telegraph Canvon Road to E. Palomar Street. Total No. of Lanes: 2 lanes ([ per direction north of Telegraph Canvon Road.) 4 total lanes (2 per direction between Telegraph Canvon Road and E. Palomar Street.) Horizontal Alignment: Minimum radius of 800' Vertical Alignment: Grade change from 3.96% to -2.66% over 400' produces a design speed of37 mph south of East "J" Street. A grade change of 1.51 % to 10.20%. over 300' along the centerline produces a design sneed of29 mph. at the intersection of Telegraph Canvon Road. TRAFFIC CHARACTERISTICS Ayerage Daily Traffic: 2.615 (2002) On-Street Parking: Not allowed on both sides ofroadwav. Special Conditions: Single/Multi-familv dwellings along both sides of the roadwav. Bike lanes exist on both sides of the roadway. Direct drivewav access to davcare center north of Paseo Entrada. Accident History: The accident rate at this segment is .979 (accidents per million vehicles miles) which is lower than the average rate of2.16 for similar roadways in the State ofCalifomia. SURVEY RESULTS Study was Prepared by: Erica Mancilla Date: 08/25/2004 Recommendation: Retain 35 muh sneed limit north of Telegraph and establish 35 muh speed limit south of Telegraph Can on Road based on 85th ercentile seeds Date Recommendation Approved: 9 10 CJ By: James R. ewton P.E Approved Speed Limit (mph): 35 MPH Per CVC 40803, Survey Expires: 12/13/2009 5-9 ..-- . ... r/J 8 S o ..-; ro p.. ... 00 ro ~ I . "'d ~ ~ o ª U ..0 ~ ~ bI) C) ..-; C) ~ '--" ro ~ C) "'d ro .....:¡ o C) r.rJ ro p.. 5-10 ATTACHMENT BASIC SPEED LAW Speed limits in California are governed by the California Vehicle Code, Sections 22348 through 22413, and Section 22350, The Basic Speed Law, of the Vehicle Code. This Basic Speed law provides that no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent, having due regard for weather, visibility, traffic and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property. The basic speed law is founded on the belief that most motqrists are able to modify their driving behavior properly, as long as they are made aware of the conditions around them. Section 22358.5 of the Vehicle Code states that it is the intent' of the Legislature that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to the driver, in the absence of other factors, would not require special downward speed zoning. The speed limit normally should be established at the first five mile per hour increment below the 85th percentile speed. However, in matching existing conditions with the traffic safety needs of the community, engineering judgment may indicate the need for a further reduction of five miles per hour. The factors justifying such a further reduction are the same factors mentioned above. Whenever such factors are considered to establish the speed limit, they should be documented on the speed zone surveyor the accompanying engineering report. In determining the speed limit which is most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, important factors are prevailing speeds, unexpected conditions, and accident records. Traffic regulations are based upon observations of the behavior of groups of motorists under various conditions. Generally speaking, traffic regulations that reflect the behavior of the majority of motorists are found to be most successful. Laws that arbitrarily restrict the majority of drivers encourage wholesale violation of posted restrictions, lack public support and usually fail to bring about the desired changes in driving behavior. This is especially true of speed zoning. Before and after studies consistently demonstrate that there are no significant changes in traffic speeds following the posting of new or revised speed limits. California Vehicle Code (CVC) Sections 22357 and 22358 authorize local authorities to establish intermediate prima facie speed limits on streets and roads under their jurisdiction, on the basis of an Engineering and Traffic Survey. These state laws permit local authorities to lower the maximum speed limit (65 M.P.H.) or to raise business or residence district speed limits (25 M.P.H.) on the basis of an Engineering and Traffic Survey. These "intermediate limits" between 25 and 65 M.P.H. must be posted to define clearly the limits of the zone and the prima facie speed limit established. Speed Trap- Section 40802(b) provides that prima facie speed limits established under Sections 22352(b)(1), 22354, 22357, 22358 and 22358.3 may not be enforced by radar unless the speed limit has been justified by an Engineering and Traffic Survey within the last seven years. An "Engineering and Traffic Survey" is required where enforcement involves the use of radar or other electronic speed measuring devices, under CVC 40802(b). 5-11 ATTACHMENT THE SPEED LIMIT ESTABLISHMENT PROCESS Speed limits should be established preferably at or near the 85th percentile speed, which is defined as a speed exceeding that which 85 percent of the traffic is moving. The 85th percentile is often referred to as critical speed. Speed limits higher than the 85th percentile are not generally considered reasonable and safe and limits significantly below the 85th percentile do not facilitate the orderly movement of traffic. Speed limits established on this basis conform to the consensus of those who drive highways as to what speed is reasonable and safe, and are not dependent on the judgment of one or a few individuals. Realistic speed zones will invite public compliance by conforming to the behavior of the majority and by giving a clear reminder to the non-conforming violators. These realistic zones will also offer an effective enforcement tool to the Police Department by clearly separating the occasional violator from the reasonable majority. The basic intent of speed zoning is to influence as many drivers as possible to operate at or near the same speed, thus reducing the number of conflicts created by wide differentials in operating speeds. Only when roadside development results in traffic conflicts and unusual conditions which are not readily apparent to drivers, are speed limits somewhat below the 85th percentile warranted. Realistic speed zoning is a Traffic Engineering tool used to derive the best traffic service for a given set of conditions. While the basic speed law states that no person shall drive at a speed greater than is reasonable or prudent, the majority of drivers comply with this law, and disregard regulations which they consider unreasonable. It is only the top fringe of drivers that are inclined to be reckless and unreliable, or who have faulty judgment and must be controlled by enforcement. Speed limits set at or slightly below the 85th percentile speed provide law enforcement officers with a means of controlling the drivers who will not conform to what the majority considers reasonable and prudent. Experience has shown that the 85th percentile speed is the one characteristic of traffic speeds most nearly conforming to a safe and reasonable speed limit. Speed limits set higher than the critical speed will make very few additional drivers "legal' for each 5 M.P.H. that the posted speed limit is increased. Speed limits lower than the critical speed will make a large number of reasonable drivers 'illegal' for each 5 M.P.H. increment that the speed limit is reduced. For practical purposes, the 5 M.P.H. increment at or immediately below the 85th percentile is the numerical value best selected for the posting of a realistic and legally enforceable speed limit. ENFORCEMENT . Concurrence and support of enforcement officials are necessary for the successful operation of a restricted speed zone. Realistic speed zones tend to minimize public antagonism toward police enforcement of obviously unreasonably low speed limits. By posting and enforcing the appropriate speed limits, local authorities invite the public to comply with the reasonable behavior of the majority of the public, while giving a clear reminder to the non-conforming violators. These regulations also offer an effective . 5-12 ATTACHMENT enforcement tool for the local police by clearly distinguishing the intentional violator from the reasonable majority. Therefore, the establishment of a speed limit of more than 5 M.P.H. below the 85th percentile (critical) speed should be done with great care as this may make violators of a disproportionate number of the reasonable majority of drivers. 5-13 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 45-MPH SPEED LIMIT ON LA MEDIA ROAD FROM TELEGRAPH CANYON ROAD TO OL YMPIC PARKWAY WHEREAS, based on the provisions of the California Vehicle Code and pursuant to authority under the Chula Vista Municipal Code, the City Engineer has determined that the speed limit on La Media Road fÌ"om Telegraph Canyon road to Olympic Parkway be established at 45 mph; and WHEREAS, this recommendation and other information in the City Engineer's report has been fully considered by the City Council; and WHEREAS, the Safety Commission of the City of Chula Vista, at its meeting of September 16, 2004, voted to concur with staffs recommendation to establish this speed limit on La Media Road. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain as follows: SECTION I: A 45 mph speed limit on La Media Road from Telegraph Canyon road to Olympic Parkway is hereby established. SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in Certain Zones - Designated," is hereby amended to include the following information: Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Beginning At Ending At Speed Limit La Media Road Telegraph Canyon Road Olympic Parkway 45 MPH SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by DCA- f. H- - Jack Griffin Director of General Services Ann Moore City Attorney J:Attorney\OrdinancelLa Media Rd speed limit 5-14 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 40-MPH SPEED LIMIT ON HERITAGE ROAD FROM TELEGRAPH CANYON ROAD TO OLYMPIC PARKWAY WHEREAS, based on the provisions of the California Vehicle Code and pursuant to authority under the Chula Vista Municipal Code, the City Engineer, has determined that the speed limit on Heritage Road fÌ"om Telegraph Canyon Road to Olympic Parkway be established at 40 mph; and WHEREAS, this recommendation and other information in the City Engineer's report has been fully considered by the City Council; and WHEREAS, the Safety Commission of the City of Chula Vista, at its meeting of September 16, 2004, voted to concur with staffs recommendation to establish this speed limit on Heritage Road. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: A 40 mph speed limit on Heritage Road fÌ"om Telegraph Canyon Road to Olympic Parkway is hereby established. SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in Certain Zones - Designated," is hereby amended to include the following information: Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Beginning At Ending At Speed Limit Heritage Road Telegraph Canyon Road Olympic Parkway 40 MPH SECTION III: This ordinance shall take effect and be in full force on the thirtieth day fÌ"om and after its adoption. Presented by Approved as to form by 1P- '2. 6-h Jack Griffin Director of General Services Ann Moore City Attorney J:Attorney\OrdinancelHeritage Rd speed limit 5-15 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 35-MPH SPEED LIMIT ON P ASEA LADERA FROM TELEGRAPH CANYON ROAD TO EAST PALOMAR STREET WHEREAS, based on the provisions of the California Vehicle Code and pursuant to authority under the Chula Vista Municipal Code, the City Engineer, has determined that the speed limit on Pasea Ladera fÌ"om Telegraph Canyon Road to East Palomar Street be established at 35 mph; and WHEREAS, staff has completed an Engineering and Traffic Survey for this roadway that will be in effect until August 2011; and WHEREAS, the Safety Commission of the City of Chula Vista, at its meeting of September 16, 2004, voted to concur with staffs recommendation to establish this speed limit on Pasea Ladera. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as follows: SECTION I: A 40 mph speed limit on Pasea Ladera fÌ"om Telegraph Canyon Road to East Palomar Street is hereby established. SECTION II: Schedule X of a Register of Schedules maintained by the City Engineer as provided in Section 10.48.020 of the Chula Vista Municipal Code, "Established Speed Limits in Certain Zones - Designated," is hereby amended to include the following information: Chula Vista Municipal Code Section 10.48.020 - SCHEDULE X ESTABLISHED SPEED LIMITS IN CERTAIN ZONES Name of Street Beginning At Ending At Speed Limit Pasea Ladera Telegraph Canyon Road East Palomar Street 35 MPH SECTION III: This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Approved as to form by Dc-- ì - H-- Jack Griffin Director of General Services Ann Moore City Attorney J:AttorneylOrdinancelPasea Ladera speed limit 5-16 COUNCIL AGENDA STATEMENT Item G Meeting Date: 10/26/04 ITEM TITLE: Resolution Approving the Final Map of Rolling Hills Ranch Neighborhood 12, Chula Vista Tract No. 92-02A and associated improvement agreements. SUBMITTED BY: Director of General Services / City Engineer ~ S f\ REVIEWED BY: CitYManage~i'"" (4/SthsVote: Yes_ No X ) On October 6, 1992, Council approved a Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract No. 92-02. On May 13, 2003, Council approved an Amending Tentative Subdivision Map for Rolling Hills Ranch (formerly known as Salt Creek Ranch) Subarea III, Chula Vista Tract No. 92-02A, in which Neighborhoods 9 through 12 of the original Tentative Subdivision Map were redesigned. Staff proposes that Council now consider approval of the Neighborhood 12 Final Map, its associated Subdivision Improvement Agreement, and its associated Supplemental Subdivision Improvement Agreement. RECOMMENDATION: That City Council adopt the Resolutions. BOARDS AND COMMISSIONS: N/A DISCUSSION: Rolling Hills Ranch Neighborhood 12 is a 54.4~acre project generally located north of Proctor Valley Road and east of Hunte Parkway in the northwestem portion of Rolling Hills Ranch Subarea III, north of the Eastlake Woods project. The project consists of 96 residential lots and 3 HOA-maintained open space lots, and 1 lot for all private streets (see Attachment I). The Tentative Map was approved October 6 1992 (Resolution No. 16834). An Amending Tentative Map was approved May 13, 2003 (Resolution No. 2003-199). Final Map: The Final Map has been reviewed by the City Engineer and found to be in substantial conformance with the approved Tentative Map. The developer, McMillin Rolling Hills Ranch, LLC, has paid all applicable fees, including PAD fees. Council approval of the Final Map will constitute: · Acceptance by the City of the fuel modification open space easements · Acceptance by the City of the sight visibility easements with the rights of ingress and egress · Acceptance by the City of the general utility and access easements, for the installation and maintenance of public utilities · Acceptance by the City of the 5.50-foot tree planting and maintenance easement, with the rights of ingress and egress for the construction and maintenance of street planting along Ranch Gate Road, Iron Gate Lane, Foggy Point Drive, Warm Hearth Way, Evening View Drive, Four Comers Street, Bryan Point Drive, and Colby Point Place. 6-1 Item .,.-- , Page 2 Meeting Date: 10/26/04 Associated Agreements: In addition to Final Map approval, staff recommends that Council approve the following agreements associated with the project: I. Subdivision Improvement Agreement: Requires the Developer to complete the improvements required by said Subdivision. Security bonds have been provided, guaranteeing the completion of all improvements and monumentation required by the Municipal Code. 2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled conditions of the Tentative Map approved by Resolution No. 16834 and the Amending Tentative Map approved by Resolution No. 2003-199. These conditions will remain in effect until completed by the developer and/or their successors(s) in interest. Condition 29 of the SSIA prevents developer from seeking final inspection for homes prior to the acceptance of the Proctor Valley Road Sewage Pump Station by the City. Condition 135 of SSIA prevents developer fÌ"om pulling building permits for lots within the project, until domestic water service is available, with the exception oflots 28, 61, 62, 85, 86, and 87. These lots may pull permits if water service to these lots is sufficient for fire suppression. The above agreements have been reviewed by staff, and approved as to form by the City Attorney. FISCAL IMPACT: There is no impact to the General Fund. The developer has paid all fees and other costs associated with the proposed Final Map and agreements. Per the Salt Creek Ranch Public Facilities Finance Plan completed by Economic Strategies Group in 1991, the annual net balance ranges fÌ"om a projected gain of $133,705 in year 4 (i.e. 1995) to a projected loss of $24,371 in year 15 (i.e. 2006). The total accumulated net fiscal balance of the Rolling Hills Ranch project for the fifteen-year period covered by the above fiscal impact analysis conducted in 1991 is estimated at $564,769 (see Attachment 3: Table 4.3-10 from the Salt Creek Ranch Public Facilities Finance Plan). Attachments: Attachment I: Plat of Rolling Hills Ranch Neighborhood 12, Chula Vista Tract No. 92-02A Attachment 2: Developer's Disclosure Statement Attachment 3: Table 4.3-10 fÌ"om the Salt Creek Ranch Public Facilities Finance Plan Exhibit A: Subdivision Improvement Agreement Exhibit B: Supplemental Subdivision Improvement Agreement TA File No. RH-239F J:\Engineer\LANDDEV\ProjectslRolling HiUs Ranch\Neighborhood 12\A113 RHR NI2 - Final Draft.doc 6-2 ATTACHMENT. I CHULA VISTA TRACT NO. 92-02A ROLLING HILLS RANCH SUBAREA III NEIGHBORHOOD 12 ,-- CHULA VISTA TRACT NO. 92-Õ2A ROLLING HILLS RANCH SUBAREA III "A" MAP MAP NO. 14756 F -10 " u G z 9 ø"" AA G" s ç /8 -]2 / ) uu ~ _) CHULA VISTA TRACT NO. 92-02A ROLLING HILLS RANCH SUBAREA III "A" MAP MAP NO. 14756 I I ~--- . HUNSAKER ~ !,~,~?~I,~ TES PLANNING 10179 Huennekens S~ ENCNEERING San Dieso. Ca 'l2121 SURVEYING PH(8SS}558-4S00· FX(858)55a·1414 R:\04J9\4<Map\AX N/2 CITY OVERLAY.OWG[ 16/9]Aug-09-2004:/5:0/ - WO 1941-66 6-3 ~ o o U1 o o o o o U1 " . o o U1 o . ,.,- ---------_._.._..----------~~_...._-_.- N!-\ }?- ATTACHMENT z 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 f¡Jed. The following information must be disclosed: 1. List the names of all persons having a [mancial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. McMillin Rnlling Hill~ Ranch,LLr Comerica Bank-California Mercede Partners,L.P. 2. If any person' identifIed pursuant to (1) above is a corporation or partnership, list the names of all individuals wíth a $2000 investment in the business (corporation/partnership) entity. 3. If any person' identifIed pursuant to (I) above is a non-profIt organization or trust, list the names of any person serving as director of the non-profIt organization or as trustee or benefIciary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. Todd Galarneau Tom Tomlinson Frank Zaidle Rodney Luboiaskv 5. Has any person' associated with this contract had any fInancial dealings with an official" of the City of Chula Vista as it relates to this contract within the past 12 months. Yes_ No~ 6-4 City of Chula Vista Disclosure Statement rfYes, briefly describe the nature of the financial interest the official"" may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chu1a Vista City Council? No -X Yes _ rfyes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official"" of the CityofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ N0-.:.:K... rfYes, which official"" and what was the nature of item provided? Date: ~. 2ù - O~ " 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. J:\Attomcy\farms\disclosure statement 3-6-03 6-5 ATTACHMENT .3 FJSCAL ANALYSIS ! TABLE 4.3-10 5AL T CREEK RANCH J\"ET Fl5CAL IMPACT Cln' OF CllliLA V]5T A 1991 Dollars ::\e.vcnue- N~l Expendilur~ AccumuJal~ Year Rev~nues Expenditures Balanc~ RaGo Balanc~ 1 5186,962 5132,912 554;051 140.7% 554,051 2 5485,545 5395,756 589,789 122.7% 5143,840 3 5821,914 5698,112 5123,801 117.7% 5267,641 4 51,133,793 51,000,088 5133,705 113.4% $401,346 5 51,348,646 --"$1,262,334 586,312 106.8% ._$487,658 6 51,461,312 51,399,614 561,698 104,4% 5549,356 7. 51,581,191 51,591,414 (510,223) 99,4% 5539,133 8 51,711,138 51,705,822 55.315 100.3% 5544,448 9 51,829,748 51,801,018 528,731 101.6% 5573,179 . 10 51,895,181 51,854,401 540,780 102.2% 5613,959 11 51,862,806 51,854,037 58,769 100.5% 5622,728 12 51,851,054 51,854,037 (52,983) 99.8% 5619,745 13 51,842,274 51,854,037 (511,763) 99.4% 5607,982 14 51,835,195 51,854,037 (518,842) 99.0% 5589,140 15 51,829,666 51,854,037 (524,371) 98.7% 5564,769 Total 521,676,425 521,111,656 5564,769 50urc~: Economic 5trat~gi~s Group~ 1991. 6-6 SaIl Cr..k Ranch P~bIie Facilities Finane. P14n A 1 "J"') RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL MAP OF ROLLING HILLS RANCH NEIGHBORHOOD 12, CHULA VISTA TRACT NO. 92-02A AND THE ASSOCIATED IMPROVEMENT AGREEMENTS. WHEREAS, the developer, McMillin Rolling Hills Ranch, LLC, has submitted a final . map for Rolling Hills Ranch, Subarea III, Neighborhood 12; and WHEREAS, the developer have executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developer have executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolutions No. 16834 and No. 2003- 199. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that certain map survey entitled Chula Vista Tract 92-02A, Rolling Hills Ranch, Subarea III, Neighborhood 12, and more particularly described as follows: Lot "11" of Chula Vista Tract No.92-02A Rolling Hills Ranch, Subarea III, according to "A" Map 14756 in the City of Chula Vista, County of San Diego, State of Califoruia, filed in the office of the County Recorder of San Diego County on March 24, 2004. Area: 54.3 81 Acres Numbered Lots: 96 Open Space Lots: 0 Acres No. of Lots: 100 Lettered Lots: 4 is made in the manner and form prescribed by law and confo=s to the surrounding surveys; and that said map and subdivision ofland shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that those certain easements, as granted thereon and shown on said map within said subdivision, are accepted on behalf of the City of Chula Vista as herein above stated. BE IT FURTHER RESOLVED that City Clerk be and she is hereby directed to transmit said map to the Clerk of the Board of Supervisors ofthe County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement for the completion of improvements in said subdivision, a copy of which shall be kept on file in the office of the City Clerk, is hereby approved. BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement Agreement for addressing on-going conditions of approval that will remain in effect and run with 6-7 Resolution 2004-XXX Page 2 the land for the map, a copy of which is on file in the Office of the City Clerk is hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement on behalf of the City of Chula Vista. Presented by Approved as to form by Jack Griffin Director of General Services D-.'2.~ Ann Moore City Attorney 6-8 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 SiP- {. bf- Ann Moore City Attorney Dated: October 20, 2004 SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE MCMILLIN ROLLING illLLS RANCH, LLC FOR ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 12 6-9 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2004, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", MCMILLIN ROLLING HILLS RANCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 2727 Hoover Ave., National City, CA, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a [mal subdivision map of a proposed subdivision, to be known as ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 12 (CVT 92-02A) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will -1- 6-10 install and complete, at Subdivider's own expense, all the improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 16834, approved on the 6th day of October, 1992 ("Tentative Map Resolution"); and WHEREAS, an amending tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2003- 199, approved on the 13th day of May, 2003 ("Amending Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said improvement work have been prepared and submitted to the City Engineer, as shown on Drawing No. 04028 on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said improvements according to said plans and specifications has been submitted and approved by the City in the amount of TWO MILLION SIX HUNDRED FIFTY-ONE THOUSAND DOLLARS AND NO CENTS ($2,651,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: I. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution and Amending Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the improvement and/or land development work required to be done in and adjoining said subdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as -2- 6-11 set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION THREE HUNDRED TWENTY-FIVE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,325,500.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of ONE MILLION THREE HUNDRED TWENTY-FIVE THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($1,325,500.00) to secure the payment of material and labor in connection with the installation of said improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security fÌ"om a sufficient surety, whose sufficiency has been approved by the City in the sum of EIGHTEEN THOUSAND DOLLARS AND NO CENTS ($18,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "c" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. -3- 6-12 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all improvements for a period of one year fÌ"om date of fmal acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless fÌ"om any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adj acent or downstream properties or the taking of property fÌ"om owners of such adjacent or downstream properties as a result of the construction of said subdivision and the improvements as provided herein. It shall also extend to damages resulting fÌ"om diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and -4- 6-13 -~_.._------ -- ._,~-----_...- effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -5- 6-14 shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. . 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees fÌ"om any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37.of the Gove=ent Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -5- 6-15 .SIGNATURE PAGE ONt: OF TWO SUBDIVISION IMPROVEMENT AGREEMENT ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 12 (CVT 92-02A) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla Mayor ATTEST: Susan Bigelow City Clerk Approved as to form by Ann Moore City Attorney -6- 6-16 SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMENT AGREEMENT ROLLING HILLS RANCH SUBAREA III, NEIGHBORHOOD 12 (CVT 92-02A) McMillin Rolling Hills Ranch, LLC A Delaware limited liability company By: McMillin Management Services, L.P. A California limited partnership Its: Manager By: Corky McMillin Construction Services, Inc. A California corporation Its: Gener~ ~er . r By: ~~11:~ Its: \(. i' . BY:~' Its: ~,u..-fil.u.~ (Attach Notary Acknowledgment) -7- 6-17 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT =,' ~ ,">~'. ,-,~ r-- ,..-.<>;aQ~~~~<,>..®.'},.;ê(,"~ _.,":_"M;>< ~!'.'" -':¢.- State of Califomia } 55 " County of San Diego On September 17, 2004 before me, T. Gage Notary Public Datil NIIln.andTitllalafllC!lr(II.~., "Jane D08, Notary?\JblÞc"J personally appeared Frank Zaidle and Dennis E. Cuccarese Nllmll(s)otSlgner(s) XXpersonally known to me D proved to me on the basis of satisfactory evidence " to be the person(s) whose name(s) )$fare subscribed to the within instrument and acknowledged to me that ~)e1they executed the same in ~/þ<!r/their authorized capacity(ies), and that by ~~their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. " t@--- - ~..=tl~~75- t " - - No\CIIY NIle . (:aIIomIa ! ~ -. I San DIegO c:ountY =i i M'¡~ð~:;X~~~ , ",.' ----- WITNESS my hand and official seal. -r,~,~~~ [, " I ; I '. OPTIONAL Though the informaâon below is not required by law; it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document I·. I' I. I, " i' Description of Attached Document Subdi'¡is ion Improvement Agreement Title or Type of Document: 8 Document Date: Number of Pages: Signer(s) Other Than Named Above: I I Capacity(ies) Claimed by Signer Signer's Name: I,' I' f' . , [. D Individual D Corporate Officer - Title(s): D Partner - D Limited D General o Attomey-in-Fact D Trustee D Guardian or Conservator D Other: Topal thumb here I , Signer Is Representing: ....,<Ç,:::, ~-,", . .:..;.':ç,.;;~" ·~v~.:=K~~'~'7;:;''''- :O:~:i:d,,~~~~~'§;..~~~::;;;""Q(¡.~~"§V.~~~~'§\\'>."@>~;,;::ròit C 1999 National Notary As.sD<:ia~n· 9350 De SOtOA~8.. fI.O. Bo~ 2402' C!1atswortl1, CA 91313-2402' www.nadonalnorary.C..gPrad.No. 5907 Reorder: Call Toll-Free 1-aC0-876-6827 6-18 \;:p;M 'i ,I , ., " .1 j í I I .' " " '1 ~.,J ì 'I , ~ LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $1,325,500.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $1,325,500.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $18,000.00 .. Securities 'approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years fÌ"om date of City Council approval of the Subdivision Improvement Agreement. J:\Enginecr\LANDDEV\Projects\Rolling Hills Ranch\Neighborhood 12\SIA RHR NI2 Map - Final Draftdoc -8- 6-19 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 1l:::>Ct- -,. H--- Ann Moore City Attorney Dated: October 20, 2004 SUPPLEMENTAL SUBDMSION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE MCMILLIN ROLLING HILLS RANCH, LLC FOR ROLLING HILLS RANCH SUBAREA ill, NEIGHBORHOOD 12 6-20 RECORDING REQUEST BY: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 92-02A, ROLLING HILLS RANCH SUBAREA III NEIGHBORHOOD 12 (Conditions 2, 4, 14, 35, 59, 64, 89, 95, 120, 123, 124, 128 of Resolution 16834 for Chula Vista Tract No. 92-02, Salt Creek Ranch and 27, 29, 55, 85, 88, 92, 133, 135 of Resolution 2003-199 for Chula Vista Tract No. 92-02A, Rolling Hills Ranch Subarea III) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this _day of , 2004, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and MCMILLIN ROLLING HILLS RANCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concems and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is referred to as Rolling Hills Ranch Subarea III Neighborhood 12, Chula Vista Tract No. 92-02A. For purposes of this Agreement the term "Project" shall mean "Property". B. Developer is the owner of the Property. 6-21 C. The City has adopted Resolution 16834 ("Resolution") pursuant to which it has approved the Salt Creek Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. D. Developer has applied for and the City has approved an Amending Tentative Subdivision Map commonly referred to as Chula Vista Tract No. 92-02A, Rolling Hills Ranch Subarea III Neighborhoods 9-12, ("Tentative Subdivision Map") for the subdivision of the Property. E. The City has adopted Resolution 2003-199 ("Amending Resolution") pursuant to which it has approved the Amending Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. F. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this "B" map Agreement. G. The Project has been reviewed for consistency with the following environmental documents: FEIR-89-03; FSEIR-91-03 (hereinafter referred to as the Project EIRs). The Project will be developed in accordance with these EIRs and all mitigation measures set forth in the respective Mitigation Monitoring and Reporting Programs (MMRPs). NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. . 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property as described in Exhibit "A" until released by the mutual consent of the parties. . 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such reach to which it or any other beneficiaries of this agreement and the covenants may be entitled. 2 6-22 a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a Guest Builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the Guest Builder, provided Developer obtains the prior written consent of the City to such release. Such assignment to the Guest Builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the opinion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. c. Release of Individual Lots. Upon the occurrence of any of the following events, the Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; Ii. The conveyance of a lot to a Homeowner's Association; iii. The conveyance of a school site as identified in the SPA Plan to a school district; The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, at the close of an individual homeowner's escrow on any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 2. Condition No.2 of Resolution 16834 (Public Facilities Financing Plan). In satisfaction of Condition NO.2 of Resolution 16834, the Developer agrees to install public 3 6-23 facilities in accordance with the Public Facilities Financing Plan as amended by Resolution 2000-190 on June 13, 2000 or as required by the City Engineer to meet threshold standards adopted by the City. In addition, the sequence that improvements are constructed shall correspond to any future East Chula Vista Transportation Phasing Plan as may be amended in accordance with the financing study adopted by the City. The Developer further acknowledges that the City Engineer and the Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. 3. Condition No.4 of Resolution 16834 (General Preliminary). In satisfaction of Condition No.4 of Resolution 16834, unless otherwise conditioned, the Developer shall comply with, remain in compliance with, and implement, the terms, conditions and provisions of 1) the Salt Creek Ranch General Development Plan (GDP) approved by City Council Resolution 15875 on September 25, 1990 and amended by City Council Resolution 2003-198 on May 13, 2003; 2) Salt Creek Ranch Sectional Planning Area (SPA) Plan approved by the City Council Resolution No. 16555 on March 24, 1992 and amended by City Council Resolution 2003-386 on August 26, 2003; 3) the Rolling Hills Ranch Planned Community District Regulations and Land Use Map approved by City Council Ordinance No. 2499 on April 7, 1992 and amended by Ordinance No. 2932 on September 16, 2003; 4) Public Facilities Financing Plan approved by City Council Resolution 16555 on March 24, 1992 and amended by Resolution 2000-190 on June 13, 2000; 5) Tentative Subdivision Map for Salt Creek Ranch, Chula Vista Tract 92-02 previously approved by City Council Resolution Number 16834 on October 6, 1992 and amended by City Councii Resolution 2003-199 on May 13, 2003; 6) Agreement for Monitoring of Building Permits approved by City Council Resolution 2003-166 on April 15, 2003; 7) the Master Plan of Reclaimed Water; 8) Urban Runoff Report; 9) Habitat Enhancement Plan; 10) Master Plan of Sewage; 11) Water Conservation Plan; and 12) the Air Quality Improvement Plan Design Guidelines as are applicable to the property which is the subject matter of the Tentative Map, prior to approval of the Final Maps, or shall have entered into an agreement with the City, providing the City with such security (including recordation of covenants running with the land) and implementation procedures as the City may require, assuring that, after approval of the Final Map, the Developer shall continue to comply with, remain in compliance with, and implement such Plans. Developer hereby agrees to waive any claim that the adoption of a final Water Conservation Plan or Air Quality Improvement Plan constitutes an improper subsequent imposition of the condition. 4. Condition No. 14 of Resolution 16834 (Private Street Access). In satisfaction of Condition No. 14 of Resolution 16834, the Developer agrees to construct or provide to the specifications or satisfaction of the City Engineer the following features to all neighborhoods with private streets with controlled access devices, such as gates: a. Gates located to provide sufficient room to queue up without interrupting traffic on public streets; b. Turnarounds at the gates; c. Delineation of border between public street and private street by enhanced pavement. No enhanced pavement shall be located within public right-of-way. 4 6-24 - - -----.... --_.~-----~-_._-- d. Emergency vehicle access. 5. Condition No. 27 of Resolution 2003-199 (Private Street Design). In satisfaction of Condition No. 27 of Resolution 16834, the Developer agrees to construct private streets in accordance with the standards contained in the subdivision manual and street design standards unless otherwise approved by the City Engineer. Private street cross sections shall conform to those shown on the tentative map for curb-to-curb width and right-of-way width. 6. Condition No. 29 of Resolution 2003-199 (Sewer Pump Station). In partial satisfaction of Condition No. 29 of Resolution 2003-199, the Developer agrees not to request final inspection for any home until the City has determined the Proctor Valley Sewer Pump Station operationally complete. 7. Condition No. 35 of Resolution 16834 (List of CutlFiIIlTransition Lots). In satisfaction of Condition No. 35 of Resolution 16834, the Developer agrees to submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations priorto issuance of the first building permit in Neighborhood 12. 8. Condition No. 55 of Resolution 2003-199 (Threshold and Withholding of Building Permits). In satisfaction of Condition No. 55 of Resolution 2003-199 Developer agrees to the following a. That the City may withhold building permits for the subject subdivision if any one of the following occur: i. Regional development threshold limit set by the Chula Vista Transportation Phasing Plan, as amended from time to time, have been reached or in order to have the Project comply with the Growth Management Program, as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. ili. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have been completed or constructed to the satisfaction of the City. The Developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and building and the Public Works Director. Developer 5 6-25 agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for the Project if the required public facilities, as identified in the PFFP have not been completed. b. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms ofthe tentative Map Conditions or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 9. Condition No. 59 of Resolution 16834 (Erosion). In satisfaction of Condition No. 59 of Resolution 16834, the Developer agrees to hold the City harmless from any liability for erosion, siltation of increase flow of drainage resulting from this Project. 10. Condition No. 64 of Resolution 16834 (Telegraph Canyon Trunk Sewer Improvements). In satisfaction of Condition No. 64 of Resolution 16834, until such time as the Salt Creek Trunk Sewer is constructed to the satisfaction of the City Engineer, the Developer agrees to participate in the monitoring of existing sewage flows in the Telegraph Canyon Trunk Sewer and, pursuant to any adopted Basin Plan, agree to participate in the financing of improvements set forth therein, in an equitable manner. 11. Condition No. 85 of Resolution 2003-199 (Project Entry Landscaping). In partial satisfaction of Condition No. 85 of Resolution 2003-199, the Developer agrees to prepare, submit and obtain approval of the Director of Planning and Building for landscape and irrigation (L&I) plans for the Neighborhood 12 primary project entry prior to the issuance of the first building permit for the project. The L&I plans shall be in addition to CV Dwg. #03123 and shall be prepared in accordance with the City of Chula Vista Landscape Manual, as may be amended from time to time. The Developer also agrees to install and maintain the work shown on said approved plans in accordance with the City of Chula Vista Landscape Manual and to the satisfaction of the Directors of Planning and Building and General Services. . 12. Condition No. 88 of Resolution 2003-199 (Brush Management). In satisfaction of Condition No. 88 of Resolution 2003-199, the Developer agrees to provide, prior to issuance of the first building permit in Neighborhood 12, the initial cycle of fire management/brush clearance within designated brush management HOA lots for the Project and conduct selective thinning on Lots "T", "U", "V", "W", and "FF" of Map No. 14756, subject to the approval of the Fire Marshal and the Landscape Architecture Division and Environmental Review Coordinator. 13. Condition No. 89 of Resolution 16834 (Fire Hydrants). In satisfaction of Condition No. 89 of Resolution 16834, the Developer agrees to install fire hydrants every 500 ft. for single family residential, to install and make operable the hydrants prior to delivery of combustible building materials, and comply with Chula Vista Fire Department Policy No. 6 6-26 2916.00, as amended from time to time, to the satisfaction of the City Fire Marshal. 14. Condition No. 92 of Resolution 2003-199 (Fuel Modification Zone Plantings). In partial satisfaction of Condition No. 92 of Resolution 2003-199, the Developer agrees that any new plantings within the Fuel Modification Zone shall be non-invasive and subject to the approval of the Environmental Review Coordinator and Landscape Architecture Division. 15. Condition No. 95 of Resolution 16834 (Maintenance of Private Facilities). In satisfaction of Condition No. 95 of Resolution 16834, the Developer agrees to include in the Declaration of Covenants, Conditions and Restrictions provisions a"ssuring maintenance of private facilities including the private streets, sewer, and drainage systems. Name the City Of Chula Vista as party to said Declaration authorizing the City to enforce the terms and conditions of the Declaration in the same manner as any owner within the subdivision. 16. Condition No. 120 of Resolution 16834 (Bench Marks). In satisfaction of Condition No. 120 of Resolution 16834, the Developer agrees to payoff all existing deficit accounts associated with the processing of this application to the satisfaction of the Director of Planning and to provide permanent City bench marks tied to the City System at the following locations: 1. Mt. Miguel Road/Mackenzie Creek Road 2. East "H" Street/Both Subdivision Boundaries 3. East "H" Street/Hunte Parkway 4. Otay Lakes Road/Rutgers 17. Condition No. 123 of Resolution 16834 (Fire Sprinklers). In satisfaction of Condition No. 123 of Resolution 16834, the Developer agrees to provide some lots with residential fire sprinkler systems due to access requirements as determined by the Fire Marshal. Developer further agrees that in multi-family dwellings, if a sprinkler system is required for one building, all buildings in the Project shall be sprinklered. 18. Condition No. 124 of Resolution 16834 (Planned Community District Regulations). In satisfaction of Condition No. 124 of Resolution 16834, the Developer agrees that all proposed development shall be consistent with the Salt Creek Ranch SPA Planned Community District Regulations, subject to the approval of the Director of Planning. 19. Condition No. 128 of Resolution 16834 (Fees). In satisfaction of Condition No. 128 of Resolution 16834, the Developer agrees to pay all applicable fees in accordance with the City Code and Council Policy, including, but not limited to, the following: Prior to issuance of the first building permit: 1. The Transportation and Public Facilities Development Impact Fees. 7 6-27 2. Signal Participation Fees. 3. All applicable sewer fees, including but not limited to sewer connection fees. 4. SR-125 impact fee (as applicable). 5. Salt Creek Sewer Basin Fee. 6. Sewer Pump Station DIF. 20. Condition No. 133 of Resolution 2003-199 (Violations). In satisfaction of Condition No. 133 of Resolution 2003-199, the Developer agrees that the approval of this map by the City of Chula Vista does not authorize the Developer to violate Federal, State or City laws, ordinances, regulations or policies, including, but not limited to the Federal Endangered Species Act of 1973 and any amendments thereto. 21. Condition No. 135 of Resolution 2003-199 (Required Improvements) - In partial satisfaction of Condition No. 135 of the Resolution, the Developer agrees not to seek and hereby acknowledges that City will not issue building permits for those lots without both domestic water service and fire suppression flows from the 980 .servicezone, as shown on the final map, with the exception of Lots 28,61, 62, 85, 86, and 87, until such time as the Otay Water District has accepted the 1100 service zone hydropneumatic pump station and determined that facility is fully operationally complete. Developer agrees that building permits for Lots 28,61,62,85,86, and 87 may be issued, upon the field verification by the City's Fire Marshal that in his/her sole discretion both the line pressure and the rate of flow are satisfactory for fire suppression. However, Developer may not seek final inspection for these lots until such time as the Otay Water District has accepted the 1100 service zone hydropneumatic pump station and determined that facility is fully operationally complete. Developer further agrees not to seek any building permit for lots to be serviced by the 980 service zone until the City's Fire Marshal has field verified both the line pressure and the rate of flow and determined in his/her sole discretion that they are satisfactory for fire suppression. 22. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction or partial satisfaction of Developer's obligation for this Project of Conditions 2, 4, 14, 35, 59, 64, 89, 95, 120, 123, 124, 128 of Resolution 16834 for Chula Vista Tract No. 92-02, Salt Creek Ranch and 27, 29, 55, 85, 88, 92, 133, 135 of Resolution 2003-199 for Chula Vista Tract No. 92-02A, Rolling Hills Ranch Subarea III. 23. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Salt Creek Ranch, Chula Vista Tract No. 92-02 Tentative Map (adopted by Resolution 16834) and the Amending Tentative Map for Rolling Hills Ranch, Chula Vista Tract No. 92-02A (adopted by Resolution 2003-199) and shall remain in compliance with and implement the terms, conditions and provisions of the Resolutions. 24. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of Previous Agreements 8 6-28 _0__..__"_______·_______ as they apply to the Project including the Agreement for Monitoring of Building Permits as approved by Resolution 2003-166. 25. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded by either party. 26. Assignability. Upon request of the Developer, any or all on-site duties and obligations set forth herein may be assigned to subdivider's successor in interest ifthe City Manager in his/her sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/her sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein, so long as such substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. 27. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developerwith reasonable time to cure said breach. 28. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer Developer: McMillin Rolling Hills Ranch, LLC 2727 Hoover Ave. National City, California 91950 Attn: Rodney Lubojasky 9 6-29 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c, Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitals; Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the judicial interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) 10 6-30 PAGE ONE OF TI/IIO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR McMillin Rolling Hills Ranch LLC Subarea III, Neighborhood 12 CHULA VISTA TRACT NO. 92-02A IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla Mayor Attest: Susan Bigelow City Clerk Approved as to form: Ann Moore City Attorney [NEXT PAGE IS PAGE TI/IIO OF TI/IIO SIGNATURE PAGES] 11 6-31 PAGE ONE OF TWO SIGNATURE PAGES TO THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR McMillin Rolling Hills Ranch LLC Subarea III, Neighborhood 12 CHULA VISTA TRACT NO. 92-02A DEVELOPERS/OWNERS: McMillin Rolling Hills Ranch, LLC A Delaware Limited Liability Company By: McMillin Management Services, L.P. A California limited partnership Its: Manager By: Corky McMillin Construction Services, Inc. A California corporation By: Its: \I ;P . By: ~----c- ~V'" Its: -J1~..fiu ,~ (Attach Notary Acknowledgment) 12 6-32 CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT ~ ~' ~. -~,- :-~~ ~,~~.- '~""'-=>.~- ~ I ", I. I ~ State of California }ss. San Diego County of i I. September 17, 2004 before me T. Gage Notary Públic 1 I J -I On Date Name and TIlle of Officer (e.g., "J8I111 DOl, Nct,ry PublicÎ personally appeared Frank Zaidle and Dennis E. Cuccarese Name(s)01 SignElr(s) IXpersonally known to me o proved to me on the basis of satisfactory evidence :1 I, fj ':om . ~~436975 IIIIIIIIy NIle . Callc.... -DIIgo C-.IV ...CIIia....Au;3O, .J" to be the person(s) whose name{s) ¡sfare subscribed to the within instrument and acknowledged to me that ~~ey executed the same in ~%/their authorized capacity(ies), and that by h?li~eir signature(s) on the instrument the person(s), or the entity upon behaif of which the person(s) acted, executed the instrument. I " J J I I) WITNEs~an~ and officiai seal. 'SI~N~ 1\ " OPTIONAL Though the information be{aw is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I í I I.' Description of Attached Document Subdivision Improvement Agreement Title or Type of Document: Document Date: 8 Number of Pages: ., Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer I I' I I Signer's Name: I'. o Individual o Corporate Officer - Title(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: :1 " > I I' I.' I. I Signer Is Representing: -I ~ 1 '.1 .:..,;:t:ih",.~~-'~t.:" : ~ -'" _ '~~~ Prod. No. 5907 Aeordør:CalITcll-FIH'-800-87I!..ßB27 '~;"--" '-=N<'-' '. -,.....iV-~{,.;.~:;. ':ø..:~,-'-:-=d;;.g). "~,,:,~:¿,,~~_,,_ C 1999 Natlemu NctaryAssocjancn' 93S0 Oe ScIoAvfJ., F',O. Bex 2402' Chatswcrtt1, CA 9131::'2402. www.nalionalnetBry.org 6-33 List of Exhibits Exhibit "A" - Legal Description of McMillin Rolling Hills Ranch Subarea III Neigh. 12 13 6-34 ----_.,~-~~-_._.__._..__._- EXHIBIT "An THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CAliFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: LOTS 1 THROUGH 96 AND LOTS "A" THROUGH "0" OF CHULA VISTA TRACT NO. 92- 02A, ROLliNG HILLS RANCH, SUBAREA III, NEIGHBORHOOD 12 MAP, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CAliFORNIA, ACCORDING TO MAP THEREOF NO. , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AS INSTRUMENT NO. J:IENGINEERILANOOEV\PROJECTS\ROLLlNG HILLS RANCHINEIGHBORHOOD 12\SSIA RHR N12 MAP - FINAL DRAFTOŒ 14 6-35 COUNCIL AGENDA STATEMENT Item: "7 Meeting Date: 10/26/04 ITEM TITLE: Resolution of the City Council of the City of Chula Vista approving an agreement with Dudek and Associate, Inc. for the provision of an implementation plan to enforce the International Urban-Wildland Interface Code, authorizing Mayor to sign said agreement, and amending the Planniiig and Building Department's FY 05 Expenditure Budget by appropriating $80,105 fÌ"om the available balance of the General Fund Director of Planning and Buil~LJ5. Fire ChiefùAt' r- City ManagerG'V<;)\y (4/5thsVote: YesXNo_) . f" SUBMITTED BY: REVIEWED BY: SUMMARY: The fire storms of October 2003 sent a strong message about the City's need to develop a better understanding of the scope of the urban-wildland fire potential that exists within the City of Chula Vista and the need to aggressively develop specific building and brush management standards to reduce future fire related losses in these interface areas. This action will retain a consultant to assist staff in developing a comprehensive implementation plan to facilitate enforcement of the Urban-Wildland Interface Code. RECOMMENDATION: That Council adopt the resolution approving an agreement with Dudek and Associates, Inc. for the provision of an implementation plan to enforce the International Urban- Wildland Interface Code, authorizing the Mayor to sign said agreement, and amending the Planning and Building Department's FY 05 expenditure budget by appropriating $80,105 rrom the available balance of the General Fund. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In July of 1999, at the request of the Fire Department, Council adopted the 1997 Edition of the Urban-Wildland Interface Code (UWIC). The 2000 Edition of the Urban-Wildland Interface Code was subsequently adopted in 2002. The Fire Department, in conjunction with the Planning and Building Department and the Publics Works Department, are now taking steps to adopt the 2003 version of this Code, now known as the International Urban-Wildland Interface Code. Prior to adopting this Code, significant research must be perfonned to establish specific fire hazard zones within the City and to develop building code related amendments to the Code to ensure it represents standards appropriate to the unique characteristics of Chula Vista. A major challenge to be overcome in this process will be the development of a implementation plan that reflects an 7-1 Page 2, Item No.: Meeting Date: 10/19/04 appropriate balance between preserving the natural environment while minimizing the fire risk associated building in the urban-wildland interface area. After conducting a comprehensive review of available staff resources, it has been determined that outside expertise is needed in order to adequately prepare an implementation program to enforce the urban-wildland interface code previously adopted by the City. This review included an analysis of staff's expertise in mapping high fire hazard zones, running computer based programs to model urban-wildland fire scenarios specific to Chula Vista, familiarity with all federal, state and local existing regulations, including the City's MSCP program, and the ability to conduct a cost analysis to bring the existing properties into compliance with the UWIC standards and the cost of maintaining an enforcement program. Staff contacted five (5) firms having expertise in this field and sent them a request for proposal. One firm, Dudek and Associates, responded to the request and was subsequently interviewed by staff. Based on their knowledge of the City's MSCP program, their proven record in working with the City on a variety of special projects and their retention of a widely recognized expert in the field of urban-wildland interface plans, staff is recommending hiring Dudek and Associates to provide the service. The firm will employ a seven member team to complete this project. The interview panel was particilarly impressed with Dudek and Associate's ability to retain the services of Jim Hunt of Hunt Research as a subcontractor on the project. Mr. Hunt has an outstanding reputation for his demonstrated ability to develop comprehensive urban-wildland fire management plans for jurisdictions having characteristics similar to the City of Chula Vista. Under this agreement Dudek and Associates will perform the following tasks: I. Perform a basic urban-wildland risk assessment for the City of Chula Vista 2. Develop a step-by-step guide to implement local enforcement of the 2003 Urban-Wildland Inerface Code for both new construction and additions to existing structures in the interface zone 3. Research and compile a summary sheet identifying all existing State, Federal and local regulations, standards and adopted agreements (including MSCP) relating to management of the urban-wildland in Chula Vista and provide recommendations to overcome conflicts 4. Create a city-wide high-fire hazard overlay map 5. Provide recommendations for amendments and findings to be incorporated into the adoption of the 2003 edition of the International Urban-Wildland Interface Code 6. Develop a mission statement, goals and objectives for a proposed on-going enforcement program 7. Prepare a budget estimate to initially implement, then maintain a viable UWIC enforcement program for Chula Vista 8. Develop a set of fire models and response scenarios to respond to incidents representing I) most. ftequent and 2) greatest wildfire threats to Chula Vista 9. Provide recommendations for a comprehensive plan to manage the urban-wildland interface fire risks associated with City owned and/or mutually managed Open Space and Wildlife 7-2 Page 3, Item No.: 7 Meeting Date: 10/19/04 Preserve Areas 10. Working with staff, provide a proposed policy statement that reflects a balanced approach to preserving the natural environment while minimizing the fire risk associated with building in the urban-wildland interface area FISCAL IMPACT: Retaining Dudeck and Associates to prepare a UWIC implementation program will necessitate amending the FY 04-05 Planning and Building Department expenditure budget by appropriating $80,105 fÌ"om the available balance of the General Fund. H:\BLD ßSGIBRADRICOUNCn. AGENDA STATEMENTUWlC.doc 7-3 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH DUDEK AND ASSOCIATES, INC. FOR THE PROVISION OF AN IMPLEMENTATION PLAN TO ENFORCE THE INTERNATIONAL URBAN-WILDLIFE INTERFACE CODE, AUTHORIZING THE MAYOR TO SIGN SAID AGREEMENT, AND AMENDING THE PLANNING AND BUILDING DEPARTMENT'S FISCAL YEAR 2005 EXPENDITURE BUDGET BY APPROPRIATING $80,105 FROM THE AV~LABLEBALANCEOFTHEGENERALFUND WHEREAS, in July 1999, the City Council adopted the 1997 Edition of the Urban- Wildlife Interface Code; and WHEREAS, the 2000 edition of the Urban-Wildlife Interface Code was adopted by the City Council in 2002; and WHEREAS, City staff has conducted an internal review to determine if existing staff has the expertise to prepare standards along with an appropriate plan to implement the 2003 version of the International Urban-Wildlife Interface Code, and has concluded that procurement of outside expertise is necessary to prepare such a plan; and WHEREAS, the City requested proposals ±rom five (5) consulting firms recognized for their expertise in this field and received a single responsive proposal fÌ"om the firm of Dudek and Associates; and WHEREAS, after conducting extensive interviews and reference checks, staff is recommending the City retain the services of Dudek and Associates to provide the City with a comprehensive implementation plan to enforce the 2003 Edition of the International Urban- Wildland Interface Code; and WHEREAS, the this resolution will amend the Fiscal Year 2005 budget and appropriate funds ±rom the available balance of the General Fund in the amount of $80,105 to the Planning and Building Department to pay for such services; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council does hereby approve an agreement with Dudek and Associates to prepare an Urban-Wildland Interface implementation plan for the City of Chula Vista, authorizes the Mayor to sign such agreement and amends the Fiscal Year 2005 budget by appropriating $80,105 ±rom the available balance General Fund to the Department of Planning and Building to pay for such services. Presented by Approved as to form by Jim Sandoval Director, Planning and Building Department ,··~"P4ß ~Moore lty Attorney 7-4 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 ,,' J~L p~- {l Ann Moore City Attorney Dated: October 20, 2004 Agreement with Dudek & Associates, Inc. for Urban-Wildland Interface Code Consulting 7-5 Parties and Recital Page(s) Agreement between City of Chula Vista and Dudek & Associates, Inc. I for Urban-Wildland Interface Code Consulting This agreement ("Agreement"), dated 9/28/04 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, open space areas in the City are more susceptible to wildfires than developed areas; and, Whereas, the City has many open space areas that are being preserved as a condition of development; and, Whereas, the portions of the City that are developed adjacent to oþen space areas are more susceptible to the effects of wildfires than non-adjacent areas; and, Whereas, the City's currently adopted edition of the Urban- Wildland Interface Code is not in a form that facilitates effective enforcement sufficient to be beneficial in mitigating the potential property loss in the event of a wildfire; and Whereas, the City does not have sufficient in-house expertice to amend the existing code and develop a related implementation plan; and, Whereas, City staff conducted an informal consultant selection process, and Consultant was the only responsive and responsible bidder; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can 2ptyWildland 9-28-04.doc Page 1 7-6 prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) I 2ptyWildland 9-2B-04.doc Page 2 7-7 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: I 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, .Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services", Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the 2ptyWildland 9-2B-04.doc Page 3 7-8 "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 I Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall' meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance 'coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City 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 of the general public ("Cross-liability Coverage") . Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance 2ptyWildland 9-28-04.doc Page 4 7-9 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. I In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond in the form prescribed by the City and by such sureties which are authorized to transact such business in the State of California, listed as approved by the United States Department of Treasury Circular 570, http://www.fms.treas.qov/c570, and whose underwriting limitation is sufficient to issue bonds in the amount required by the agreement, and which also satisfy the requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. Surety companies must be duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds for the limits so required. Form must be 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 2ptyWi1d1and 9-28-Ó4.doc Page 5 7-10 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 whicp amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City 2ptyWildland 9-28-04.doc Page 6 7-11 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 ub' h ' f ' / arrangement, S Ject to t e requ~rements or retent~on set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration- of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . 2ptyWi1dland 9-28-04.doc Page 7 7-12 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, p~ior 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. 2ptyWildland 9-2B-04.doc Page 8 7-13 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. I E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, (" prohibi ted Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. 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 2ptyWildland 9-28-04.doc Page 9 7-14 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 those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant , its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, 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) except for those claims arising from the negligence or willful misconduct of City, its officers or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. 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. For those professionals who are required to be licensed by the state (e.g. architects and engineers), the following indemnification provisions should be utilized: 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to 2ptyWildland 9-28-04.doc Page 10 7-15 claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services . performed involving this project, except liability for I Professional Services covered under Section X.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 2. Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims," costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees~ 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 2ptyWil~land 9-28-04.doc Page 11 7-16 materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 2ptyWildland 9-28-04.doc Page 12 7-17 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials 6r properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall riot be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 2ptyWildland 9-28-04.doc Page 13 7-18 Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. . 15. Attorney's Fees J 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 ag~eements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt 2ptyWi1d1and 9-28-04.doc Page 14 7-19 requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement I This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcem~nt of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 2ptyWildland 9-28-04.doc Page 15 7-20 Signature Page to Agreement between City of Chula Vista Inc. and Dudek & Associates, I for Urban-Wildland Interface Code Consulting 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: , 2004 City of Chula Vista by: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Dudek & Associates, Inc. By: Frank Dudek, President Exhibit List to Agreement (X ) Exhibit A. 2ptyWi1d1and 9-28-04.doc Page 16 7-21 Exhibit A to Agreement between City of Chula Vista and Dudek & Associates, Inc. I 1. Effective Date of Agreement: 11/1/2004 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: [insert business form] , a ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Dudek & Associates, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 605 Third St. Encinitas, CA 91910 Ph: (760) 942-5147, FAX: (760) 632-0164 2ptyWi1dland 9-28-04.doc Page 17 7-22 7. General Duties: Create an implementation plan for the enforcement of the Urban Wildland Interface Code (UWIC) and local revisions to the code as necessary, create proactive programs to / manage fire risk, and integrate the UWIC and existing management programs into a comprehensive management program. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 1. Task 1: Consultant shall perform a basic urban wildland risk assessment for the City. Consultant shall identify key factors to be included in the risk assessment based on site-specific characteristics, and weigh the factors for use in the model based on analysis. 2. Task 2: ConsuLtant shall develop a step-by-step guide to implement local enforcement of the 2003 edition of the ICC International Urban-Wildland Interface Code for both new construction and additions to structures within the interface zones. 3. Task 3: Consultant shall research and compile a summary sheet identifying all existing State, Federal and Local regulations, standards and adopted agreements relating to management of the Urban-Wildland Interface in the City, and include recommendations and solutions to address identified conflicts and constraints. 4. Task 4: Consultant shall create an up-to-date City-wide high-fire hazard overlay zone map, utilizing existing data and augmented by field data collection by Consultant. 5. Task 5: Consultant shall provide written recommendations for amending the currently adopted Urban Wildland Interface Code to account for local conditions. 6. Task 6: Under the guidance from City, Consultant shall develop a mission statement, goals and objectives for a proposed on-going enforcement program. 2ptyWildland 9-28-04.doc Page 18 7-23 7. Task 7: Consultant shall perform a cost analysis for consulting and contracting services to bring existing properties into compliance with UWIC standards and sustain the enforcement program i7' perpetuity. ' 8. Task 8: Consultant shall develop a set of fire models and response scenarios, with CVFD input, for up to seven (7) separate areas, to respond to incidents representing the most frequent and the greatest threats to the City. 9. Task 9: Consultant shall provide written recommendations for a comprehensive plan to manage the Urban Wildland Interface fire risks associated with City-owned and/or mutually managed open space and wildlife preserve areas. 10.Task 10: Consultant shall work with City to provide a proposed policy statement that reflects a balanced approach to preserving the natural environment while minimizing the fire risk associated with building in the Urban Wildland Interface area. B.' Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Task 1 - complete a basic urban wildland risk assessment. (B.A.l.) Due 12/20/2004. Deliverable No.2: Task 2 - provide step-by-step guide to implement local enforcement of the 2000 edition of the ICC UWIC for new construction and additions in the interface zone. (B.A.2.) Due 12/27/2004. Deliverable No.3: Task 3 -provide a summary sheet identifying existing State, Federal and Local regulations, standards and adopted agreements related to management of the UWI in the City. (B.A.3.) Due 01/10/2005. 2ptyWildland 9-2B-04.doc Page 19 7-24 Deliverable No.4: Task 4 - provide a City-wide high- fire hazard overlay zone map. (B.A.4.) Due 1/lB/2005. Deliverable NO.5: Provide written recommendations for I amending the currently adopted UWIC. (B.A.5) Due 12/27/2004. Deliverable No.6: Provide a written mission statement, goals and objectives for a proposed on-going enforcement program. (B.A.6.) Due 1/lB/2005. Deliverable No.7: Provide a cost analysis for consulting and contracting services to bring existing properties into compliance with UWIC standards and sustain the enforcement program in perpetuity. (B.A.7.) Due 1/24/2005. Deliverable No. B: Provide a set of fire models and response scenarios. (B.A.B.) Due 1/24/2005. Deliverable No.9: Provide written recommendations for a comprehensive UWI management plan. (B.A.9.) Due 1/24/2005. Deliverable No. 10: Provide a proposed policy statement that is balanced between preservation and fire risk minimization. (B.A.10) Due 1/24/2005. D. Date for completion of all Consultant services: 2/2B/2005 9. Insurance Requirements: X) Commercial General Liability: $1,000,000. X) Automobile Liability: $1,000,000. X) Worker's Compensation: Statutory ) Employer's Liability: $1,000,000. X) Errors and Omissions Liability: $2,000,000. 10. Materials Required to be Supplied by City to Consultant: a) existing mapping and aerial photography not currently in possession of Consultant, b) all project related information, GIS layers and archives, c) access keys and associated access letters, as necessary. 11. Compensation: A. (X) Single Fixed Fee Arrangement. 2ptyWildland 9-28-04.doc Page 20 7-25 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 Deliverable? set forth below: Single Fixed Fee Amount: $78,606 payable as follows and referenced by task identified in paragraph 8.A. above: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Task 1 Task 2 Task 3 Task 4 Task 5 Task 6 Task 7 Task 8 Task 9 Task 10 Meetings/Project Mgt $16,240 7,250 7,285 6,200 7,020 1,450 6,130 15,560 6,284 1,677 3,510 B. Phased Fixed Fee Arrangement. FOr the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3 . $ C. () Hourly Rate Arrangement 2ptyWi1d1and 9-28-04.doc Page 21 7-26 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: I (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee of Consultant Name Hourly Rate Prolect Principal June Collins 170 Hunt Research Subcontractor Jim Hunt 150 Sr Prolect Manager Joe Monaco 145 ESVI Michael Huff 130 ESIII Scott Eckard 110 Fire Professional Denny Neville 100 GIS Specialist Mark McGinnis 2ptyWildland 9-28-04.doc 90 Page 22 7-27 Word Processor Various 65 12. Materials Reimbursement Arrangement J For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ (X) Copies, not to exceed $ 300 (X) Travel/Delivery not to exceed $1,200: () Printing, not to exceed $ () Postage, not to exceed $ 300 1,200 13. -Contract Administrators: City: Brad Remp, Assistant Director/Building Official, Building Division, City of Chula Vista, 376 Fourth Av, Chula Vista, CA 91910. Phone: (619)585-5623, FAX: (619)409-5861, bremp@ci.chula-vista.ca.us. Consultant: Michael Huff, Manager - Urban and Community Forestry, Dudek & Associates, Inc., 605 Third St., Encinitas, CA 92024. Phone: (760)942-5147, FAX: (760)632- 0164. 14. Liquidated Damages Rate: ( $ per day. ( Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: X) Not Applicable. Not an FPPC Filer. FPPC Filer Category No.1. Investments and sources of income. Category No.2. Interests in real property. 2ptyWildland 9-28-04.doc Page 23 7-28 Category No. property and regulatory, 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. 3. Investments, interest in real sources of income subject to the permit or licensing authority of the ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Jim Hunt - Hunt Research 18 Bill Processing: A) Consultant's Billing to be submitted for the following period of time: 2ptyWildland 9-28-04.doc Page 24 7-29 X) Monthly ) Quarterly .) Other: I B) Day of the Period for submission of Consultant's Billing: ( X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C2 City's Account Number: 12310-6401 19 Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: Retention Percentage: % Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: H:\Bld_Hsg\BobMc\2ptyWildland 9-28-04.doc 2ptyWildland 9-28-04.doc Page 25 7-30 :þ ,+ô0D Signature Page to Agreement between City of Chula Vista and Dudek & Associates, Inc. for Urban-Wildland Interface Code Consulting 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: , 2004 City of Chula Vista by: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Dudek & Associates, Inc. esident /O·¥.4J1/ Exhibit List to Agreement (X ) Exhibit A. 2ptyWildland 9-28-04.doc Page 16 7-31 Council Agenda Statement alYOf (HULA VISTA Item '6 Meeting Date 10/26/04 ITEM TITLE: Resolution Approving a Resolution of Intention to Consider Granting a Gas Franchise and Electric Franchise, Under Certain Conditions, to San Diego Gas & Electric, and Setting a Public Hearing for November 9, 2004 to Consider Granting the Franchises. SUBMITTED BY: Michael T. Meacham, Director Conser.:ation & Environmental service~ REVIEWED BY: David D. Rowlands, Jr., City Manage~/I (4/5ths Vote Yes _ No-1U The City and San Diego Gas & Electric (SDG&E) have concluded negotiations and the City Council approved a Memorandum of Understanding (MOU) on October 12,2004 (Attachment I). This item requests that the City Council set a public hearing to consider the proposed franchise on the terms and conditions summarized below and detailed in the draft franchise agreements (Attachment II and III) granting gas and electric franchises to SDG&E. RECOMMENDATION: That the City Council approve the resolution and set a public hearing for November 9, 2004 to consider granting a ten-year gas franchise and electric franchise, with a possible additional new term of 20 years, to SDG&E. BACKGROUND: SDG&E has held the City's gas and electric franchises since 1972. The initial twenty-five-year term expired on November 30, 1997. The City granted SDG&E five- year franchises on September 1, 1998. Both parties agreed at the time that the five-year term would provide an appropriate "bridge" during the implementation of electricity deregulation in California. The City continued to communicate with SDG&E regarding municipal energy issues and monitor Public Utilities Commission activities during that five- year period. The City also began formal negotiations with SDG&E in July of 2002, approximately one year prior to the June 30, 2003 expiration date of the existing franchise agreements. The City concluded negotiations with SDG&E this month, and Council adopted an MOU outlining the conceptual framework for future relations between the City and SDG&E on October 12, 2004. BOARD AND COMMISION RECOMMENDATION: Not Applicable DISCUSSION: The following is a summary of the proposed terms and conditions for the franchise agreements, which are described in more detail in the attached draft franchise agreements. Items applicable to both franchise agreements: . Franchise Fee: Franchise fee for the Electric Franchise will be 1.25%. The Gas Franchise Fee will remain at 2.0%. If the statutory Franchise Fee for general law cities is increased during the term of the Franchise, SDG&E will pay the higher rate to the City as soon as authorized for collection by the California Public Utilities Commission. 8-1 Meeting Date 10/26/04 Page 2 of 3 · Term: The initial term for both the Electric and Gas Franchises shall be for a ten-year period commencing on January 1, 2005. Provided all of SDG&E's obligations under the MOU are materially satisfied, SDG&E will automatically receive a new additional 20-year term upon expiration of the initial term. · Utility Users Tax (UUT): To the extent allowed by law, SDG&E shall collect UUT from other electricity providers for remittance to the City. · California Municipal Lands Use: SDG&E shall implement the provisions of California Public Utilities Code Sections 6351, 6352, 6353, 6354 and 6354.1 and remit funds collected to the City. · Administrative Practices: SDG&E and City will cooperate to prepare a manual to govern the permitting, installation, maintenance, repair and removal of SDG&E's facilities in the streets of the City. · System Upgrades: SDG&E agrees to include the City in the early implementation of system-wide enhancements (e.g. infrastructure upgrades and ancillary services) to the extent it is consistent with SDG&E's policy to prioritize and construct such system enhancements. · Indemnity: SDG&E will indemnify the City for liabilities resulting from the exercising of any and all rights or privileges granted in the franchise agreements. The following item is applicable only to the Electric Franchise: · Rule 20A - Undergrounding: SDG&E agrees to expend the City's existing Rule 20A allocation of approximately $5 million towards the completion of undergrounding projects identified in the MOU or as directed by the City. In addition, new allocations of monies that may be drawn down for future undergrounding projects shall be made at the rate of $2 million per year. The City and SDG&E have agreed to a number of other important community benefits, which are described in the attached Memorandum of Understanding (MOU). By adopting the proposed resolution, the City Council will set a public hearing date that will: provide notice to the public, provide the opportunity for further public input, and establish November 9, 2004 as the date for Council's consideration of granting an electric franchise and natural gas franchise agreement to SDG&E under the terms and conditions described herein. FISCAL IMPACT: There will be no net impact to the General Fund as a result of Council's approval of staff's recommendation, as it merely sets a hearing to consider the franchises. If the Council elects to approve the proposed franchises, the proposed electricity franchise fee rate will generate approximately $2.1 million in new revenues during the life of the franchise for a projected total of $42.8 million for the term of the franchise. 8-2 Attachments: Memorandum of Understanding (MOU) DRAFT Gas Franchise Agreement DRAFT Electric Franchise Agreement Meeting Date 10/26/04 Page 3 of 3 Mtm:SOG&EIMOU-Franchise/final~cas intention to grant gas-elec·10-26-04 8-3 MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO GAS & ELECTRIC COMPANY AND THE CITY OF CHULA VISTA This Memorandum of Understanding ("MOU") is entered into this _ day of 2004, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation ("SDG&E" or "the Company") and the CITY OF CHULA VISTA, a chartered municipal corporation ("City"), hereinafter collectively referred to as "the Parties," with regard to the following: A. SDG&E currently provides the distribution and sale of natural gas and electricity within the City's jurisdictional boundaries on a month to month basis pursuant to the terms of the ttanchise entered into by the Parties and effective as of July 1, 1998. B. Pursuant to its rights as a charter city, the City formed its own municipal utility. In the pursuit of its municipal utility goals, the City considered multiple concepts including municipalization, a program to acquire newly constructed distribution facilities known as "greenfield" installations, community choice aggregation, generation and other energy project alternatives. C. After lengthy negotiations, the City and SDG&E have agreed that it is in the best interest of the Parties, the residents and businesses of the City ofChula Vista, and utility ratepayers of SDG&E, for the City and SDG&E to enter into this MOU providing for specific community-wide benefits and new gas and electricity fÌ"anchise agreements between the parties incorporating the following terms. 8-4 1 NOW, THEREFORE, the Parties agree as follows: AGREEMENT TERMS 1.1 Cooperation: Both Parties recognize that the interests of the residents and businesses ofthe City of Chula Vista are best served by a cooperative relationship between the City and SDG&E. In that regard, SDG&E commits to timely brief, in a reasonable time in advance, the City staff on planned filings related to construction of facilities within the City or as to major rate changes at the California Public Utilities Commission ("CPUC") or other public agency that may materially affect the residents and businesses ofthe City and agree to attempt to resolve any issues. The City commits to timely brief, in a reasonable time in advance, and to work with SDG&E to resolve any issues, prior to making any filings by the City to the CPUC or other public agency which may be considered adverse to SDG&E. 1.2 Bayfront Undergrounding: A key objective ofthe City is to remove all above ground electric lines and associated hardware as described herein and to underground such lines and associated hardware in the area identified in paragraph 1.3 as the Bayftont. The City and SDG&E have agreed to work in concert to achieve that result as set forth in this MOU. 1.3 Bayfront Transmission Lines: SDG&E has filed an application with the CPUC for a Certificate of Public Convenience and Necessity ("CPCN") for construction ofa new 230kV line and associated hardware that runs ftom the proposed Otay Mesa power plant through Chula Vista including, in part, the Bayftont (the "Project"). City recognizes the significance of this Project to SDG&E and will coordinate meetings with the CPUC staff and commissioners. SDG&E and City will cooperatively work to achieve the objective of undergrounding the 230kV line including cables, splices, conduits, vaults, and any associated hardware ("230 kV Line") identified on the map that is attached hereto as Attachment A that were originally identified in the CPCN application to be above ground ("Alternative") at the location commencing south of the Sweetwater River at 8-5 2 approximately Tower 189507 south to approximately Tower 188701 where there will be the addition of two single pole structures located approximately at Towers 188701 and 18700 and a cable pole located adjacent just north of Tower 88701. The designated area shown from Towers 189507 to approximately 188701 shall hereinafter be referred to as the "Bayftont". The City and SDG&E will actively support the Alternative in the pending environmental and regulatory review process for the Project. The City and SDG&E will support the Project as modified by the Alternative and will mutually continue efforts at the CPUC to provide justification for the Alternative and detailing the special circumstances that exist to reinforce the joint position on said Alternative. At tills time, SDG&E has no plans for a 500 kV project along the Bayftont. In the event at some time during the term of this MOU additional transmission or distribution lines are needed along the Bayftont, SDG&E agrees it will file for such lines to be undergrounded as a preferred alternative and work cooperatively with the City to maintain this area as an underground district. I.3.A Upon the FERC, ISO, and CPUC's approval, as necessary, acceptable to SDG&E, to proceed with the construction of the Project with the Alternative, the 230 kV Line would be placed underground in conjunction with its construction, currently scheduled to begin July 2005 and be completed by June 2007, dependent on the timing of CPUC approval and other required permits. Approval shall be deemed acceptable to SDG&E provided that it is not materially different from the application (submitted and as may be revised by SDG&E and as may be modified by the Alternative), not materially detrimental to SDG&E, and the cost of said Proj ect will be fully collected in rates. This undergrounding construction, currently estimated to cost approximately $31 to $36 million, would be done and paid for by SDG&E consistent with its rules and regulations for electric transmission construction. I.3.B. The City agrees that it will work cooperatively to minimize costs and expedite the construction of the Alternative, ongoing maintenance, 20A proj ects, new service extensions, and other SDG&E utility projects that are consistent with City policies, including expeditious processing of all permits necessary for SDG&E' s design, construction and maintenance of the facilities associated with the construction of the 230 8-6 3 kV Line including the undergrounding, consistent with all laws and regulations applicable to the Project. Consistent with all laws and regulations, the City will also expeditiously process any coastal development permits and timely provide any applicable exemptions necessary for the construction of the Project including the Alternative. The City will assist SDG&E in meeting all requirements so that City may timely issue permits consistent with all applicable laws and regulations. Both Parties agree to cooperate to the fullest extent possible to obtain additional easements that may be needed as a result of this undergrounding and reduce the costs for undergrounding or removal of all facilities described herein. The Parties understand that the schedules set forth in this MOU are estimates only and dependent on the timely issuance of all required federal, state, and local regulatory approvals, permits, and authorizations. 1.4 Existing 138 kV Transmission: There are currently three 138 kV circuits, cables, splices, conduit, vaults and associated hardware ("138 kV circuit") ftom the South Bay switchyard proceeding north overhead along the Bayftont. In addition, two of the existing 138 kV circuits continue to proceed south of the switchyard then east through Chula Vista. The City has a primary objective to underground the currently existing, north and south, 138 kV circuits as described below and to eliminate the associated bridge structures and associated hardware. The Parties agree to work in concert as described herein to achieve such goal. IA.A. There are three required conditions for undergrounding or removal of all of the existing 138kV circuits. First, the proposed 230 kV Line along Chula Vista's Bayftont must be approved by the CPUC and undergrounded. Second, the Main Street substation or "suitable alternative location in San Diego" must be upgraded as set forth in Section I.4.B to a 230kV facility ("Upgrade"). Finally, the City designates 20A funds for the undergrounding of one ofthe three 138kV circuits, described herein as Tie Line 13815 (Tie Line 13815 consists of the 138 kV Transmission lines). In addition, with respect to the undergrounding of the 138 kV circuits ftom Tower 281763 and south to Towers 188700 or 188701, as described in Attachment A, is conditioned upon the removal or relocation of switchyard as set forth in 1.7 below. 8-7 4 IA.B. SDG&E will file all needed application with the CPUC and other applicable regulatory agencies (except the City of San Diego Coastal Permit which will be applied for by SDG&E within one month of receiving CPUC approval of said application and other permits needed during construction), by March 31, 2005 for the Upgrade and the removal of the two 138 kV circuits and associated bridge structures along the Bayfront from Tower 189507 to Tower 281763. After having received all necessary FERC, CPUC and ISO approvals acceptable to SDG&E, the Main Street substation will be upgraded and/or moved. Approval shall be deemed acceptable to SDG&E provided that it is not materially different from the application (submitted and as may be revised by SDG&E), not materially detrimental to SDG&E, and the cost of said Upgrade will be fully collected in rates. As a result of the upgrade, SDG&E will remove two 138 kV circuits and underground 138 kV circuit Tie Line 13815 on the Bayftont ftom Tower 189507 to Tower 281763 provided City has timely designated the use of20 A funds to accomplish the undergrounding of Tie Line 13815 prior to the Upgrade. SDG&E has agreed that as a part of the upgrade to the Main Street substation, the associated two 138KV circuits will be removed and the cost of removal will be borne by SDG&E. I.4.C The cost to underground Tie Line 13815 on the BayfroÍlt from Tower 189507 to Tower 188701 is currently estimated to cost $14 million (in 2004 dollars). The City will pay the actual cost for undergrounding Tie Line 13815 utilizing its 20A funds or any other alternative funding the City may have. I.4.D In order to fund the undergrounding of Tie Line 13815, the Parties agree that the City will reserve and designate its entire unspent 20A allocation, estimated to be $5 million, for the funding of the undergrounding for Tie Line 13815. The City will designate and dedicate one half of its $2 million annual allocation ($1 million annually) ftom 2004 through 2013 as additional initial funding for undergrounding Tie Line 13815. The undergrounding is scheduled to occur prior to 2013 however, the City may borrow ahead for up to the entire $10 million previously described to fund Tie Line 13815. If this amount is still not sufficient and the Franchises are in effect, the City will be permitted to borrow forward additional 20A funds of $1 million annually if necessary to 8-8 5 complete the funding of the undergrounding of Tie Line 13815 not to exceed $5 million ("Supplemental Borrowed 20A Funding"). 1.5 Supporting Structures: The estimated target date for the removal of the two 138 kV circuits and supporting steel lattice bridge structures, high voltage insulators, overhead conductors and all associated hardware ("Supporting Structures") north of Tower 281763 shall be by or before the end of2008 conditioned upon the following: (1) the City has authorized the use of available 20A funds for the undergrounding of Tie Line 13815, (2) the 230kV Line has been energized, (3) the Main Street substation or alternative site has been upgraded to 230kV, and (4) Tie Line 13815 has been undergrounded north of Tower 281763 in accordance with Section IA.B. SDG&E will remove the Supporting Structures that supported those 138kV lines at its sole cost. The cost of this removal to SDG&E is currently estimated to be $5 million. 1.6 Existing 69 kV Transmission: There are also 69 kV circuits on wooden poles along the Chula Vista Bayftont. The City can fund the undergrounding of these lines with any of its 20A allocations not committed to Tie Line 13815, or any other alternative funding the City may have. Any advances for 20A funds (not including the Supplemental Borrowed 20A funding) in excess of the amount needed to fund the undergrounding of Tie Line 13815, can also be used for undergrounding these facilities. The Parties agree to work cooperatively, consistent with the overall objectives of the City, to remove such poles at the earliest time practicable. 1.7 Switchyard: In the event the Project has been constructed, the Main Street Substation has been Upgraded to 230 kV, and the South Bay Power Plant can be and is retired, replaced, or relocated such that the facility cannot be returned to service without new authorization ftom any and all required authorities, and all necessary SDG&E Board and FERC, CPUC and California Independent System Operator (CallSO) approvals acceptable to SDG&E are acquired for the relocation of the switchyard, SDG&E will relocate the switchyard at no cost to the City provided that the City provides, at no cost to SDG&E, adequate land for the new switchyard in an acceptable location and land rights as defined below to SDG&E to interconnect with its electric system. The approvals 8-9 6 acquired for the relocation of the switchyard shall be deemed acceptable to SDG&E provided that it is not materially different ftom the switch yard relocation application (submitted and as may be revised by SDG&E), not materially detrimental to SDG&E, and the cost of said relocation will be fully collected in rates. SDG&E will consider the following factors in determining an acceptable location: (1) The new location must have permanent easement and the same entitlements as are currently held by SDG& E for the existing switchyard or an alternative acceptable to SDG&E. (2) Such a new switchyard would be located at an alternative location on Chula Vista's Bayftont, west ofI-5, adjacent to existing right of way and on land that is environmentally clean and seismically acceptable, or, if circumstances warrant, at such location as the parties may mutually select. (3) The footprint for a new switchyard would be at least 450 x 650 feet depending on the connections. The cost to SDG&E is currently estimated to be approximately $50 million. Upon relocation of the Switchyard and pursuant to sections 1.4A and I.4C, the 138 kV circuit located ftom Tower 281763 to approximately Tower 188701 will be undergrounded once the City has designated the 20A funds or other alternative funding the City may have (with Tower 188700 remaining above ground). SDG&E will work with the City to minimize overhead structures once the location of the new Switchyard is determined. SDG&E will include the removal of the other 138 kV circuit and the Supporting Structures, including Tower 188701, with its application for the relocation of the Switchyard. This removal of said 138 kV, Supporting Structures, and Tower 188701 will be done and paid for by SDG&E consistent with its rules and regulations. The City will timely process all necessary City permits and support SDG&E in its applications to accomplish this construction, consistent with all laws and regulations applicable to SDG&E and the City. 1.8 Nonperformance: It is recognized by both Parties that completion of key objectives is crucial to this MOU. However, timely performance by SDG&E is, in part, outside of its control. I.8.A. In the event that the City has fulfilled its obligations hereunder, and through no other fault of the City, the Parties are unsuccessful in achieving removal and/or undergrounding of the 230kV and 138kV lines along the Bayftont as determined 8-10 7 by a CPUC [mal decision, SDG&E agrees the City has not achieved its primary benefit hereunder. At such time as the CPUC has denied the actions requested in Sections 1.3, lA, and 1.5, and a period of sixty (60) months ftom March 31, 2005 has passed, section 1.8.B as to the statutory ftanchise fee amount (immediately following) and the obligation of the City to rerrain ftom Distribution Services set forth in section 1.l4.A will be waived by SDG&E. The occurrence of any such waiver does not terminate the grant of rranchise. 1.8.B. To the extent that SDG&E no longer provides exclusive energy utility distribution and transmission services in the City, as defined above, it has not achieved one of its primary benefits hereunder. To the extent that this situation occurs, the Parties agree that the compensation under the rranchise agreements will be revised to provide that concurrent with such event for the remainder of the term the City will be paid the statutory ftanchÍse fee amounts payable to general law cities under the California Public Utilities Code and standard Tariff Rule 20A allocations. 1.9. Community Choice Aggregation: SDG&E will cooperate with the City's efforts to participate in Community Choice Aggregation as it is implemented by the CPUC. Once the regulatory rules have been established, and all legal appeals of SDG&E have been exhausted, SDG&E will comply with the rules and regulations implementing such CPUC orders and state law. 1.10. Industrial Development Revenue Bonds: For the term of the MOU, SDG&E grants to City an exclusive right to be the issuer ofSDG&E's Industrial Development Bonds ("IDB") issues and refinancings on the following conditions: a) The processing ofIDB issues and refinancings are completed in a timely manner.; and b) Chula Vista's issuance charge is no more than 35 basis points (in addition to Chula Vista's administrative costs related to bond issuance, such costs are limited to the CITY's actual costs directly related to the processing of the bond issuance); and 8-11 8 c) Chula Vista charges no annual fee or costs; and d) Chula Vista's Bond Counsel indicates that Chula Vista's involvement with respect to each issue or refinancing is permissible under the then current tax laws and this it is not necessary to obtain a Superior Court judgment in a validation action. The City and SDG&E must follow a reasonable schedule of activities in order to enable SDG&E to obtain available allocation of state ceiling on qualified private activity bonds or to close transactions in a timely fashion that does not detrimentally impact the ability to obtain such funding by SDG&E on a timely basis or the rates available, to be mutually developed by SDG&E and the City, including timely submission of the California Debt Limit Allocation Committee ("CDLAC") applications, approvals of City Council resolutions, and execution of bond documents. Additionally the City will not have approval authority over, or be able to designate capital projects associated with such financings. Nothwithstanding the forgoing, SDG&E will provide the City with a list of the designated capital projects associated with said financing. In the event the city procedures as implemented do not provide SDG&E the ability to get the funding in a timely manner as set forth herein, SDG&E may use an alternate issuer. I.ll. City Permitting and Review: On the effective date of the MOU, SDG&E will pay the City a one-time fee, in an amount of $250,000, for development of standardized and expedited permit processes and requirements for utility projects and maintenance work consistent with CPUC regulation and generally accepted industry standards. SDG&E and the City will develop a standards manual to address the issues herein and will be completed within 120 days of the effective date of this MOU. The City and SDG&E commit to work together to streamline and expedite City permitting and processes for 20A and other utility work, including construction of new service inftastructure and maintenance on existing inftastructure, to minimize costs and maximize benefits to the Parties. 8-12 9 LI2. Substation Beautification and Western Chula Vista Parks: SDG&E will provide $105,000 of services to beautify electric substations within the City. SDG&E will provide to the City an additional $375,000 in services performed by SDG&E which are acceptable to the City for use of transmission rights of way as park space in western Chula Vista, consistent with and that would not interfere with operation, practices, and service of the utility. 1.13. Public Purpose and Other Program Funding: The Parties recognize that SDG&E collects certain amounts generally referred to as "Public Purpose Program" ("PPP") funds ftom each ratepayer. In order to maximize the effectiveness of partnering between the City and SDG&E in this area, SDG&E and the City will do the following: L13.A. Public Purpose Funding - Energy Efficiency: Contingent on SDG&E obtaining the necessary funding and associated approvals ITom the CPUC, including SDG&E's administration of these programs in Chula Vista, SDG&E commits to develop a portfolio of program activities including PPPs to benefit the City and its residents by an estimated range of two million dollars ($2,000,000) per year over a five year period (for a total often million dollars), the specific annual expenditures being dependent upon a number of factors which include, but are not limited to: the inventory of qualified projects within the City; the success ofthe cooperative efforts of the Parties to identify and pursue qualified proj ects; the ability to gain verifiable energy savings; and the actions of the CPUC. Contingent on SDG&E obtaining the necessary funding and associated approvals ITom the CPUC, SDG&E agrees to cooperatively work with the City to continue such Public Purpose Programs for the life of the Franchise. L13.B. New Funding Opportunities: SDG&E will consult with City at the earliest reasonable opportunity, with respect to the programs, events and services to be implemented within the City, including, but not limited to, residential and commercial new construction proj ect design assistance and incentives, conimercial and industrial programs, demand reduction, residential rebates, marketing and outreach, technical assistance, and sustainable communities. Further, SDG&E agrees to work with the City on the creation of new energy efficiency programming to benefit its citizens, which 8-13 10 programs would be submitted for CPUC consideration and approval throughout the ftanchise term. I.l3.C. The City wí1l support, consistent with City guidelines and policies, SDG&E at the CPUC and other agencies in SDG&E's efforts to retain and promote energy efficiency programs and SDG&E will support and encourage the City's development of such programs. 1.14. Franchise Agreements: As a condition precedent to the other terms of this MOU, the parties will finalize and have in effect a new gas utility ftanchise agreement and a new electricity utility ftanchise agreement ("Franchises") approved by the City Council and SDG&E Board of Directors including the following terms: I.l4.A. Grant: The City will grant ftanchises for gas and electric service to SDG&E and will commit that the City will not participate in the provision of electric or natural gas Distribution Services by itself or others within its jurisdictional boundaries for the term of the ftanchises. For the purposes of this MOU "Distribution Services" shall mean the ownership and/or operation by the City itself, or with or by any third party, of any facilities, including pipes, wires, and electric and gas utility plant and related services for the transmission or distribution delivery of electricity or natural gas to consumers within the boundaries of the City ofChula Vista. Excluded ftom this definition is the performance by the City of Chula Vista of (i) those rights and duties specific to community choice aggregation or other sale of power or natural gas commodity to consumers, within or outside CITY limits if authorized and as approved and implemented by the CPUC, if such is required or (ii) generation of electric power. I.l4.B. Term: The primary term of the Franchises shall be ten (10) years commencing on the first day of the month following fmal City Council approval and the City's fulfillment of all City charter requirements. If all the obligations of SDG&E are materially satisfied within such term, SDG&E shall receive an automatic extension of the Franchises of twenty (20) years from the expiration of the primary term under all then existing terms and conditions. 8-14 11 I.14.C. Franchise Fees: The electric franchise fee will increase from the current 1.1 percent to 1.25 percent ofthe gross annual electricity receipts within the City, or the statutory maximum for general law cities if higher. The gas ftanchise fee will be 2.0 percent of the gross annual gas receipts within the City, or the statutory maximum for general law cities if higher. If a statutory rate for general law cities becomes effective, the franchise fee increase to the City will become effective at such time as SDG&E is able to collect the increased amount in rates. I.14.D. Undergrounding Allocation: SDG&E will provide a 20A allocation to the City, from total funds authorized by the CPUC, of $2 million per calendar year commencing as of January I, 2004 and continuing for the term of the electric franchise. I.15. MOU Term: The effective date of this MOU shall be the effective date of the Franchises. The term of this MOU shall be the same term as the Franchises. 1.16 Facilities Placement: SDG&E and City shall cooperate to ruinimize costs and as to the placement of any current or future transmission line construction and, any necessary underground vaults/conduits, including but not limited to, designing such vaults/conduits to accommodate potential additional circuits and units. SDG&E retains the right to place its facilities to operate its electric system. General Provisions 11.1 No Reliance: The Parties represent and warrant that they have read all of this MOU and fully understand same, that they have had an opportunity to consult legal counsel, and that they are relying solely upon their own judgment and/or the advice of their own counsel in entering into this MOU, and that no promise, inducement, representation or agreement not contained herein has been made to them by any person. The Parties understand that SDG&E is a regulated public utility and is bound by the rules and regulations of the CPUC, and other agencies having jurisdiction, as they may be amended or changed from time to time. Notwithstanding the above, nothing in this MOU shall be construed to prevent the exercise of all rights by either Party, including 8-15 12 participation in regulatory, regional or any public forum, unless specifically provided herein. II.2 Binding: This MOU shall be binding upon, shall inure to the benefit of, and shall be enforceable by, the Parties and their respective legal representatives, successors-in- interest and assigns. Notwithstanding the foregoing, the Parties understand and agree that this MOU must be approved by the City Council before it can be binding on the City and by the SDG&E Board of Directors. The Parties agree to negotiate in good faith on such additional terms and provisions as may be necessary and desirable to achieve the objectives outlined in this MOD. II.3 Authorization: Those persons executing this MOU warrant and represent that they are authorized to execute this MOU on behalf oftheir respective entities. 11.4 Amendment: No amendment or modification of this MOU shall be valid unless in writing and signed by the Parties. This MOU shall be construed in accordance with the laws of the State ofCalifomia. 11.5 Counterparts: This MOU may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. II.6 Captions: Captions in this MOU are inserted for convenience ofreference and do not define, describe or limit the scope or intent of this MOU or any of its terms. 11.7 Recitals, Exhibits: Any recitals set forth above and any attached exhibits and Diagrams are incorporated by reference into this MOU. 11.8 Delay: City and SDG&E understand that the scheduled dates herein are target dates that may be delayed in the event that regulatory decisions and necessary permits are not timely issued. In addition, delay may be a result of the inability or failure to obtain the appropriate environmental clearances within the time lines set forth herein, or labor disputes, acts of God, war, riots, insurrections, civil commotions, moratoriums, litigation, inability to obtain labor or materials or reasonable substitutes for either, fire, unusual 8-16 13 delay in transportation, adverse weather conditions not normally anticipated in projects of this type, or other casualties beyond the reasonable control of the Parties. 8-17 14 IN WITNESS WHEREOF, the Parties have executed this MOU by their duly authorized representatives as of the date first written above. CITY OF CHULA VISTA, a chartered municipal corporation SAN DIEGO GAS & ELECTRIC COMPANY, a California corporation By: By: Stephen C. Padilla Mayor, City ofChula Vista Title: Attest: Susan Bigelow, City Clerk Ann Moore, City Attorney ¡,AttomeyIDRAFT SDGE MOU 10 08 04 8-18 15 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESOLUTION OF INTENTION TO CONSIDER GRANTING A GAS FRANCHISE AND ELECTRIC FRANCHISE, UNDER CERTAIN CONDITIONS, TO SAN DIEGO GAS & ELECTRIC, AND SETTING A PUBLIC HEARING FOR NOVEMBER 9, 2004 TO CONSIDER GRANTING THE FRANCHISES WHEREAS, SDG&E has held the City's gas & electric ftanchise since 1972; and WHEREAS, the initial twenty-iïve-year term expired on November 30,1997; and WHEREAS, the City granted SDG&E a five-year ftanchise on September I, 1998; and WHEREAS, in July, 2002, the City began formal negotiations with SDG&E regarding municipal energy issues and implementation of electricity deregulation; and WHEREAS, the City has concluded negotiations with SDG&E, and Council adopted a Memorandum of Understanding (MOD) outlining the conceptual framework between the City and SDG&E on October 12, 2004; and WHEREAS, the following represents a summary of the proposed terms and conditions applicable to both franchise agreements: Franchise Fee: Franchise fee for the Electric Franchise will be 1.25%. The Gas Franchise Fee will remain at 2.0%. If the statutory Franchise Fees for general law cities are increased during the term of the Franchise, SDG&E will pay the higher rate to the City as soon as authorized for collection by the California Public Utilities Commission. Term: The initial term for both the Electric and Gas Franchises shall be for a ten- year period commencing on January 1, 2005. Provided all of SDG&E's obligations under the MOU are materially satisfied SDG&E will automatically receive a new 20-year term upon expiration of the initial term. Utility Users Tax (UUT): To the extent allowed by law, SDG&E shall collect UUT from other electricity providers for remittance to the City. 8-19 Califoruia Municipal Lands Use: SDG&E shall implement the provisions of California Public Utilities Code Sections 6351, 6352, 6353, 6354 and 6354.1 and remit funds collected to the City. Administrative Practices: SDG&E and City will cooperate to prepare a manual to govern the permitting, installation, maintenance, repair and removal of SDG&E's facilities in the streets of the City. System Upgrades: SDG&E agrees to include the City in the early implementation of system-wide enhancements (e.g. infrastructure upgrades and ancillary services) to the extent it is consistent with SDG&E's policy to prioritize and construct such system enhancements. Indemnity: SDG&E will indemnity the City for liabilities resulting ftom the exercising of any and all rights or privileges granted in the ftanchise agreements. WHEREAS, the following represents additional terms and conditions applicable only to the Electric Franchise: Rule 20A - Undergrounding: SDG&E agrees to expend the City's existing Rule 20A allocation of approximately $5 million towards the completion of undergrounding projects identified in the MOU or as directed by the City. In addition, new allocations of monies that may be drawn down for future undergrounding proj ects shall be made at the rate of $2 million per year. WHEREAS, in accordance with Section 1201 of the Chula Vista City Charter, the City Council shall adopt a resolution declaring its intention to grant a ftanchise and shall schedule a public hearing for the consideration of such grant; and WHEREAS, by adoption of the proposed resolution, the City Council will set a public hearing date that will provide notice to the public, provide the opportunity for further public input, and establish November 9,2004 at 6:00 p.m. as the date for Council's consideration of granting electric and natural gas franchise agreements to SDG&E under the terms and conditions described herein. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve this resolution of intention to consider granting gas and electric franchises to SDG&E. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby set a public hearing for November 9. 2004 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, Chula Vista, CA, at which time the City Council intends to consider granting gas and electric franchises to SDG&E on the terms and conditions set forth above or as may be modified by the Council in their discretion. 8-20 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize and direct the City Clerk to publish, at least once within fifteen days after the passage of this resolution, and at least ten days prior to the date of the hearing, appropriate notice of such hearing. Presented by Approved as to form by P /"';"'~)L2 ~ ~~~oore ~ City Attorney David D. Rowlands, Jr. City Manager J:Attomey/ResO/MOU\SDGE Reso of Intention-PubJic Hrg 8-21 WHEREAS, in 1998, in accordance of the City Charter, City granted an ele ("Original Franchise") to San Diego Gas Company("SDG&E" or "Grantee") purs nt t 2746; and AN ORDINANCE GRANTING TO SAN DIEGO GAS & ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO T PUBLIC FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON, UNDER, AND OVER THE PUBLIC AND PLACES WITHIN THE CITY OF CHULA VI WHEREAS, the City staff and SDG&E re terms for a new fran uly noticed e, and all ered by the City ger recommendation to the City Council approved approving the New Franchise on , 2004, the City Council second reading and NOW, THEREFORE, the City Council of the City of a does hereby ordain as follows: A. Any and all protests or objections presented to the granting of the New Franchise are hereby overruled. 1 8-22 B. TERMS AND CONDITIONS OF NEW FRANCHISE. SECTION 1. DEFINITIONS. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions (unless, in the given instance, context wherein they are used shall clearly import different meaning) . (a) The word "Grantee" shall me & Electric Company, and its lawful succe duits and arts, wires, , crossarms, 'ts, ducts, vaults, tche , communication ts, appurtenances and any located in, upon, along, eets of the City, and used or and/or distribution of (b) The word "City" Vista, a municipal corporation in its present incorporated fo any later reorganized, consoli reincorporated form; (c) streets, ways, hereafter now or h hereaf";t; app con bra man cir oth acr use ele sha mai ) phrase "construct, maintain, and use" o construct, erect, install, lay, operate, se, repair, or replace. (f) The phrase "gross receipts" shall mean all gross operating revenues received by Grantee from the sale of electricity to Grantee's customers with points of service within the corporate limits of the City (including, but not limited to, sales to military reservations with points of service within the City's corporate limits) which are credited in Account Nos. 440, 442, 444, 445 and 446 of the current Uniform System of Accounts of the Federal Power Commission as adopted by the California Public Utilities Commission ("CPUC") or similar superseding accounts less the following: 2 8-23 1. any uncollectible amounts; and SECTION 2. 2. any refunds or rebates made by Grantee to such customers pursuant to California Public Utilities Commission orders or decisions. (g) The phrase "Utility Users' the local taxes added to utility bills of resident' commercial utility customers as defined in Chul Municipal Code, Chapter 3.44 entitled "Uti lit GRANT OF FRANCHISE. The franchise to constr poles, wires, conduits and appu communication circuits, necess transmitting and distributing any and all purposes i along over the public str ays is hereby grante . ego successors and a C· the provision of le Distribu Ser juris b how con and Mem app Ser Cit fac pla dis the upo eve fra pla mat fra er, said Company, ticipate ion or s within . is franchise odi ty to itted by law I.14.A of the y and SDG&E "Distribution d or operation by the third party, of any res, and electric utility r the transmission or y lectricity to consumers within e City. This franchise is granted condition herein contained, and shall tl construed. Nothing shall pass by the anted hereby to Grantee unless it be granted in nambiguous terms. Each of said conditions is a and essential condition to the granting of said SECTION 3. TERM. Said franchise shall commence on January 1, 2005 and shall have a primary term of ten (10) years and shall be automatically extended for a new term for an additional twenty (20) year period upon Grantee's material satisfaction of all of the obligations of the MOU. Throughout such term said franchise shall endure in full force and effect until the same shall, with the consent of 3 8-24 the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by the Grantee, or until the state or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in territorial limits of the state, municipal, or public corporation purchasing or condemning such property, until said franchise shall be forfeited for non- with its terms by the Grantee. SECTION 4. CONSIDERATION. (a) Franchise Fees. franchise shall, during the term twenty-five hundredths receipts of said Grant City. In the event the statutory el cities in Calif of gross annual shall be te to th 1 aut th the obl wil cit' the wit Gra ele Cit mon sub' agr ax-Collection Services. To JI~n~h:o~~~~ ~~~l~~o~~r~~~i;m~;s rs purchasing power from other s), Grantee agrees to collect the , Tax and remit same to the City on a additions or deletion to the parties his tax shall be made absent the mutual f the parties. ) California Municipal Lands Use. Grantee shall implement the provisions of California Public Utilities Code Sections 6351, 6352, 6353, 6354 and 6354.1 applicable to a customer who receives electric transmission or distribution service subject to this franchise, and remit such funds collected to the City. 4 8-25 SECTION 5. REPORTS, DATES OF PAYMENT AND CITY AUDITS. (a) The Grantee shall file with the Director of Finance of said City, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting hereof, and three months after the expiration of each and eve calendar year thereafter, a duly verified stat in detail the total gross receipts of such G the preceding calendar year, or such frac . year, from the sale of electricity withi (b) Such Grantee shall later than the end of August of year, an amount equal to fifty year's annual payment, and by March of the followin enda added to the initia ayme City's annual fr fo year. By this me e understood that in gross re ar year. sh ~e pre ~e Cit pal nds Use collected by ) shall also be paid in egl ,omission, or refusal by said verified statement, or to pay said me and in the manner specified, shall e declaration of a forfeiture of this rights of Grantee hereunder. COMPLIANCE WITH LAWS. (a) In General. All facilities or equipment of Grantee that Grantee shall construct, maintain and use or remove, pursuant to the provisions of the franchise granted herein shall be accomplished in accordance with the ordinances, rules and regulations of City now or as hereafter adopted consistent with such rules and regulations as are promulgated under state law, or orders of the California Public Utilities Commission or other governmental authority having jurisdiction. 8-26 5 (b) Public Information. Grantee shall provide information to its customers as required by law, or upon request by customers, regarding utility restructuring, options for selection of an energy retailer, service options, and default provider regulations as well as the City's role in the deregulated industry. SECTION 7. ADMINISTRATIVE PRACTICES. (a) Installation, Maintenance Removal of Facilities. Grantee and City s preparing a manual of administrative pra govern the permitting, installation, mai and removal of Grantee's faciliti in t which shall include, but not be ted protection and street repair st ds p year, commencing with the firs cal franchise granted here' it i th responsibility of G and such administrat' es. charged with the administrative p which sh ke conve by cos app of ins fac the enh (e. the pol bas Gra agrees to include system-wide upgrades and ancillary services) to usion is consistent with Grantee's then ori 1ze and construct such system enhancements condition of existing infrastructure in ervice territory. SEC CITY RESERVED POWERS. (a) Consistent with the terms of Section 2 herein City reserves the right for itself to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade or maintain below surface or above surface improvements of any type or description in, upon, along, across, under or over the streets of the City. City further reserves the right to relocate, remove, vacate, or replace the streets themselves. If the necessary exercise of the aforementioned reserve rights conflicts 6 8-27 with any poles, wires, conduits, and appurtenances of Grantee constructed, maintained, and used pursuant to the provisions of the franchise granted hereby, whether previously constructed, maintained and used or not, Grantee shall, without cost or expense to City within ninety (90) days after written notice from the City Manager, or his designated representative, and request so to do, begin t physical field construction of changing the location 0 facilities or equipment so conflicting. Grantee sha proceed promptly to complete such required work. (b) Notwithstanding anything el ordinance to the contrary, the City's ri electricity generator retailer, to the e law, shall not be limited in any m this franchise. on SECTION 9. converting Utilities Grantee certa' suc pro thr the gov dges and agrees as follows: (1) ity's CPUC Rule 20A Fund all mately $ 5 million. In add' to spend existing balances of CPU provided above, during the term of thi tee agrees to allocate two million dol CPUC Rule 20A funds to the City. The Par upon specific terms for the allocations of truction of projects related to such 20A funds set in the MOU. Grantee shall not reallocate such mon for any other purpose except with the agreement of the City. (c) The City must create the undergrounding districts in a timely manner to give all participants sufficient time to design and build. Changes in the order of project development must be mutually agreed upon at least 12 months in advance. The City must take an active role in requiring customers to complete their work and to involve telephone and cable companies in the projects. If right-of-way becomes an issue with any project, Grantee may 7 8-28 seek help from the City to resolve the issues. (d) Grantee agrees to apply for approval of budgeted expenditures of CPUC Rule 20A funds to the extent mandated by the CPUC each year as necessary to implement its obligations under this Section and the MOU. Grantee is responsible for its own actions and those things within control. Grantee will not be held liable for nonperfo by telephone system operators, water companies, or communications or cable system operators, City 0 customers. f fJ!~ise. Any name for the forfeiture of to this chapter, in the any of the conditions thereof (e) Except as provided in the contained herein is intended to prevent informing City and the California lic Commission of then existing or eeab conditions or other factors whi the make unwise the granting in wh particular annual app of the rights not cr o the, by d ty. The Grantee shall indemnify and hold municipality and its officers from all or damages proximately resulting from any s under the franchise. (c) Notification of municipality of sale or transfer of franchise. The Grantee shall file with the legislative body of the municipality within thirty (30) days after any sale, transfer, assignment, or lease of the franchise or any part thereof, or any of the rights or privileges granted thereby, written evidence of the transaction certified to by the Grantee or its duly authorized officers. 8-29 8 SECTION 11. REPAIR COSTS. Grantee shall pay to City on demand the cost of all repairs to City property made necessary by any of the operations of Grantee under the franchise granted hereby, provided, however, that Grantee may make repairs to streets, sidewalks, curbs and gutters itself at its own cost in accordance with City and Grantee's previousl agreed specifications if the same can be done with inconvenience to the public use of the streets. thO in this ordinance or in the franchise y shall be construed as in any way impairing ts to acquire property of Grantee through the f City's power of eminent domain, or through ry agreement between City and Grantee, except as pro ~ded in the MOU. In the event that City chooses to exercise its power of eminent domain, it shall do so in accordance with the procedures provided by the general law of the State of California for the condemnation of public utility property. The valuation of such property for condemnation purposes shall be made in accordance with such general law. FORFEITURE AND OTHER SECTION 12. the SEC UISITION AND VALUATION. 9 8-30 SECTION 14. AUTHORITY FOR GRANT. Notwithstanding any other provision herein contained, this franchise is granted solely and exclusively under Section 1200, 1201, 1202, 1203, 1204, 1205 and 1206 of Article XII of the Charter of the City of Chula Vista and Chapter 5.30 of the Chula Vista Municipal Code. This franchise is granted subject to any and all additiona terms and conditions contained herein. SECTION 15. EFFECTIVE DATE. Subject to the requirements ordinance) shall become effective thirty final passage. Upon the effec ess the commencement of the term sh e Ja provided in Section 3. SECTION 16. City a sum publica grant' (30)·· wit pay to it for al ction wit thin thirty such Grantee E ..~J' hereby shall not become nce thereof, in a form , shall have been filed by the PUBLICATION. City Clerk shall cause this ordinance to be ce within fifteen (15) days after its passage la Vista Star News, a newspaper of general tion published and circulated in said City. SECTION 19. MISCELLANEOUS OBLIGATIONS. (a) Notice of Significant Transactions. Grantee agrees to provide as much reasonable advance notice as is legally permissible to the City regarding any mergers, buyouts, spin-offs or other transactions materially affecting the nature of the entity to which the City grants this franchise. Such notice shall be consistent with Grantee's obligations under the law relating to disclosures and the limitations placed upon Grantee. 10 8-31 GRANTEE'S ACCEPTANCE: By its signature hereto, Grantee accepts the franchise granted hereby and agrees to be bound and abide by all covenants, terms and conditions contained herein. Grantee warrants and represents that it is authorized enter into this Franchise Agreement and that the pa executing this franchise on its behalf is duly a t to do so, without the need for any further ac Michael T. Meach Director of Cons Environmental S ACKNOWLEDG Presented by 11 8-32 WHEREAS, on October 26 Council Resolution No. the of intention to consi ad and set a public he su 2004/ and AN ORDINANCE GRANTING SAN DIEGO GAS ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS, OR UPON THE PUBLIC STREETS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF CHULA VISTA WHEREAS, in 1998, in accordance with Art of the City Charter, City granted a gas franch' ("Original Franchise") to San Diego Gas & ("SDG&E") pursuant to Ordinance No. 2747; WHEREAS, the Original Franchise City staff and SDG&E representativ have terms for a new franchise ("New his public h public Council approve the pla Franchi , 2004, the City chise for second reading Chula , the City Council of the City of ordain as follows: d all protests or objections presented to the of the New Franchise are hereby overruled. B. TERMS AND CONDITIONS OF NEW FRANCHISE. SECTION 1. DEFINITIONS. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning) : I 8-33 AN ORDINANCE GRANTING SAN DIEGO GAS ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS, OR UPON THE PUBLIC STREETS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF CHULA VISTA WHEREAS, in 1998, in accordance with Art' of the City Charter, City granted a gas franchi ("Original Franchise") to San Diego Gas & EI ("SDG&E") pursuant to Ordinance No. 2747; WHEREAS, the Original Franchise City staff and SDG&E representativ terms for a new franchise ("New F" WHEREAS, on October 26 Council Resolution No. the of intention to consid ad and set a public he su 2004/ and public h public Council approve the pIa Franchi , 2004, the City chise for second reading , the City Council of the City of ordain as follows: d all protests or objections presented to the of the New Franchise are hereby overruled. B. TERMS AND CONDITIONS OF NEW FRANCHISE. SECTION 1. DEFINITIONS. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning) : 8-34 I (a) Gas & Electric assigns; The word "Grantee" shall mean San Diego Company, and its lawful successors or (b) The word "City" shall mean the City of Chula vista, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged, or reincorporated form; (d) The word "gas" s artificial gas, or a mixture of gas; intain and use" shall all, operate, maintain, (c) The word "streets" shall mea streets, ways, alleys and places as the s hereafter exist within said City, includi now or hereafter established within said hereafter established within said y; (e) Th mean pipes, pipeli vaults, manh s, conduits, other p across, or usef distrib mean use, "gross annual receipts" shall mean a revenues received by Grantee in a calend rt thereof if the effective is not on Januar date is not December 31 of any such year), e sale of gas to Grantee's customers with points vice within the corporate limits of the City (incl but not limited to, sales to military reser 10ns with points of service within the City's corpo ate limits) which are credited in Account Numbers 480, 481 and 482 of the current Uniform System of Accounts of the Federal Power Commission as adopted by the California Public Utilities Commission, or similar superseding accounts, less uncollectible amounts and less any refunds or rebates made by Grantee to such customers pursuant to orders or decisions of the California Public Utilities Commission. (h) The phrase "Utility Users' Tax· shall mean the local taxes added to utility bills of residential and 2 8-35 commercial utility customers as defined in Chula vista Municipal Code, Chapter 3.44 entitled "utility Users' Taxi'. SECTION 2. GRANT OF FRANCHISE. The franchise to install, maintain and use streets of said City all pipes and appurtenances for transporting, transmitting and distributing gas to t public for any and all purposes within said City i granted to San Diego Gas & Electric Company, (" successors and assigns. The City will not pa the provision of any such gas transmissio Services by itself, or by others within i boundaries for the term of this franchise excluding those rights and duties cifi gas commodity to consumers as ma as may be provided in Section I. Memorandum of Understanding betw approved by Resolution (" Services" shall mean ers City itself, or wi ny facilities, includ' an related servi es f ns delivery 0 ra on of the hu Th each an be stri granted unambig and ess said fr is shall commence on January 1, 2005 a ue for a term of ten (10) years and shall automatically extended for an additi of twenty (20) years upon Grantee's mater' sfaction of all obligations of the MOU. Throu such term said franchise shall endure in full force effect until the same shall, with the consent of the P lic Utilities Commission of the State of California, be voluntarily surrendered or abandoned by the Grantee, or until the state or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in the territorial limits of the state, municipal, or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for non-compliance with its terms by the Grantee. 8-36 3 SECTION 4. CONSIDERATION. (a) Franchise Fees. The Grantee of said franchise shall during the term hereof pay to the City percent (2%) of the gross annual receipts of said Gran collected within the corporate limits of the City. event that during the term of this franchise the gas franchise fee paid to general law cities is increased to be more that (2%) of gross as defined herein, the fee to City shall equal such new percentage which fee will as of the date Grantee is authorize by t collect such increased amount in rate City does not meet it obligation sua hereof this franchise fee will b uce fee paid to general law c ies. shall utili 6354. trans franc ands Use. Grantee lifornia Public 6353, 6354 and r who receives natural gas on service subject to this funds collected to the City. the extent Grantee, Users' T No addi shall b DATES OF PAYMENT, AND CITY AUDITS. Grantee shall file with the Director of Fina said City, within three months after the expi n of the calendar year, or fractional calendar year, 'following the date of the granting hereof, and within three months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross annual receipts of such Grantee during the preceding calendar year, or such fractional calendar year, from the sale of gas within said City. (b) Such Grantee shall pay to said City by no later than the end of August of the following calendar year, an amount equal to fifty percent of the previous year's 4 8-37 Grante pur sua herein ordina adopte promul Utilit having annual payment, and by no later than the end of March of the following calendar year an amount which, when added to the initial 50% payment above, constitutes the City's annual franchise fee for the preceding calendar year. By this method of payment, it is contemplated and understood that Grantee is in effect calculating the actual gross annual receipts once each year following the end of each year. Accordingly, Grantee shall estimate the percenta due City for the period January through June based 0 previous year's payment and shall calculate the e amount due for said period and shall remit the amount to City no later than the end of Marc following year. (c) California Grantee pursuant to Section 4(c) accordance with this schedule. to r remove, granted e with the ity or as hereafter les r regulations as are orders of the Public governmental authority remises. ISTRATIVE PRACTICES. (a) I ion, Maintenance, Re air and Removal of Facil~~,~:"Grantee and City shall cooperate in preparing a manua~f administrative practices which shall govern the permiéting, installation, maintenance, repair and removal of Grantee's facilities in the streets of City which shall include, but not be limited to, cathodic protection and street repair practices. Once each year, commencing with the first full calendar year of the franchise granted herein, it is to be the joint responsibility of Grantee and City to review and update such administrative practices. Both Grantee and City are charged with the duty to prepare, review and update such administrative practices by a method of mutual cooperation which shall take into consideration reasonable needs and 5 8-38 convenience of each party in order to streamline permitting by e.g. development of master permits and to minimize costs. Following the preparation of said manual, and its approval by the City Council, it shall govern the practices of City and Grantee in the issuance of permits and installation, maintenance and removal of Grantee's facilities in the streets of City. SECTION 8. CITY RESERVED PO (b) system Upgrades. Grantee agrees to include the City in the early implementation of wide enhancements (e.g. infrastructure upgrades ancillary services) to the extent such inclus' consistent with Grantee's then policy to p . construct such system enhancements based condition of existing infrastructure in G service territory. (a) Consis City reserves the rig erect, install, use relocate, regrade surface improvemen along, acro nd further t replace t of the pipes a and use granted and use City w' City so to the 10 Grante work. n, i~ ove, vac e or ssary exercise cts with any ted, maintained franchise ructed, maintained ut cost or expense to ter written notice from the representative, and request ield construction of changing ac ies or equipment so conflicting. promptly to complete such required ) Consistent with Section 2 above, the City's a gas commodity retailer, to the extent by law, shall not be limited in any manner by the of this franchise. SECTION 9. Duties and Liabilities (a) Suit for forfeiture of franchise. Any municipality may sue in its own name for the forfeiture of any franchise granted pursuant to this chapter, in the event of noncompliance with any of the conditions thereof by the Grantee, its successors, or assigns. 6 8-39 (b) Indemnity. The Grantee shall indemnify and hold harmless the municipality and its officers from all liability for damages proximately resulting from any operations under the franchise. (c) Notification of municipality of sale or transfer of franchise. The Grantee shall file with legislative body of the municipality within thirty days after any sale, transfer, assignment, or leas franchise or any part thereof, or any of the ri privileges granted thereby, written evidence transaction certified to by the Grantee 0 authorized officers. SECTION 10. REPAIR COSTS. Grantee shall all repairs to City prop operations of Grantee provided, however, streets, sidewalks, cost in accordance agreed upo cif' undue in S. . eøif:: or refuse to comply e franchise granted hereby, or refusal shall contin 30) days after written demand compliance therewith, then City, n addition to all rights and remedi aw hereupon may terminate the right, franchise granted in and by this ordina e rights, privileges and the franch ran tee granted hereby shall thereupon be at an en upon and immediately, Grantee shall surrender all r' nd privileges in and to the franchise granted hereb provision herein made for the purpose of secur g the enforcement of the terms and conditions of the franchise granted hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies and procedure outlined herein or provided, including forfeiture, shall be deemed to be cumulative. SECTION 12. ACQUISITION AND VALUATION. Nothing in this ordinance or in the franchise granted hereby shall be construed as in any way impairing 8-40 7 City's rights to acquire property of Grantee through the exercise of City's power of eminent domain, or through voluntary agreement between City and Grantee, except as provided in the MOU. In the event that City chooses to exercise its power of eminent domain, it shall do so in accordance with the procedures provided by the general law of the State of California for the condemnation of public utility property. The valuation of such property for condemnation purposes shall be made in accordance wit general law. SECTION 13. AUTHORITY FOR GRANT. Notwithstanding any other provi contained, this franchise is granted under Section 1200, 1201, 1202, 12 of Article XII of the Charter of This franchise is granted subjec terms and conditions contained h SECTION 14. ordinance final pas filed a ordinan 1, 2005 City a public granti (30) d with a ranchise shall pay to the to reimburse it for all by it in connection with the ent to be made within thirty shall have furnished such Grantee of such expenses. WRITTEN ACCEPTANCE. The franchise granted hereby shall not become effec ve until written acceptance thereof, in a form approved by the City Attorney, shall have been filed by the Grantee with the City Clerk. SECTION 17. PUBLICATION. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Chula vista Star News, a newspaper of general circulation published and circulated in said City. 8 8-41 SECTION 18. MISCELLANEOUS OBLIGATIONS. Grantee agrees to provide as much reasonable advance notice as is legally permissible to the City regarding any mergers, buyouts, spin-offs or other transactions materially affecting the nature of the entity to which the City grants this franchise. Such notice shall be consistent with Grantee's obligations under the law relating to disclosures and the limita . placed upon Grantee. GRANTEE'S ACCEPTANCE: By its signature hereto, Grantee acc granted hereby and agrees to be bou covenants, terms and conditions c warrants and represents that it . into this Franchise Agreement an this franchise on its behalf is without the need for an the Presented by 9 8-42 COUNCIL AGENDA STATEMENT Item No.: q Meeting Date: 10/26/04 ITEM TITLE: Report: Review and Consideration of the Schools Element of the Growth Management Oversight Commission's (GMOC) 2003-04 Annual Report Resolution ofthe City Council of the City OfChula Vista accepting the 2003 -04 GMOC Annual Report Regarding Schools and approving the recommendations cntained therein; and directing the City Manager to undertake actions necessary to implement those recommendations as presented in the "2003-04 GMOC Recommendations/Proposed Implementing Actions Summary" . SUBMITTED BY: Director of Planning and Buildin;¡;f13 ~ J~ REVIEWED BY: City ManagerGßjJ(" (4/5ths Vote: Yes_NolL) On June 23, 2004 the GMOC presented its 2003 Annual Report to the City Council regarding compliance with the City's eleven Quality-of-Life Threshold Standards. At the presentation, the GMOC Chair with the concurrence of the Mayor and City Manager, decided to recommend continuance of the presentation of the Schools element until a later time. The GMOC had decided to broaden the traditional definition of the schools threshold. The delay was allowed based on assurances by the Sweetwater Union High School District that their Long Range Facilities Master Plan (LRFMP), would be made available to the GMOC after approval by their board, expected in July 2004. The GMOC has received the LRFMP with the [mdings presented by the SUHSD staff. After considering this information the GMOC has finaled their schools findings and recommendations and are reporting back to Council The report covers the period fi:om July 1, 2002 through June 30, 2003, identifies current issues in the second half of2003 and early 2004, and finally assesses threshold compliance concerns overtbe next 5 years. The report discusses current compliance, issues, and corresponding recommendations. A summary of the GMOC's recommendations for Schools and staffs proposed implementation actions is included as Attachment 1. Once approved the schools element will be integrated into the remainder of the GMOC report as was approved by Council on June 23, 2004. RECOMMENDATION: 1) That the City Council: a) Adopt a resolution accepting the Schools element of the 2003-04 GMOC Annual Report and approving the recommendations contained therein; and direct the City Manager to 9-1 Page 2, Item No.: Meeting Date: '9' 10/26/04 undertake actions necessary to implement those recommendations as presented in the "2003- 04 GMOC Recommendations/Proposed Implementing Actions Summary" (Attachment 1). BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission reviewed the Schools Element of the GMOC report on October 13, 2004. At that meeting they passed a resolution (Attachment 2) which accepted the report and recommendations therein, and recommends that Council do the same. DISCUSSION: 1. Summary of Findings Threshold Compliance Chula Vista Elementary School District Threshold met Threshold likely met over the next five years Sweetwater Union High School District Threshold met Threshold likely met over the next five years 2. Summary of Key Issues School Threshold The measures of whether schools have met the growth management threshold has been the "Capacity to accommodate students used now or committed." Evaluation of this criteria is based on a self-assessment by the districts, of their ability to house students. To house students has been traditionally interpreted by the GMOC to mean to provide a desk. The GMOC is continuing to use this definition. Using this definition the CVESD and the SUHSD have met the threshold and are expected to do so over the next five years. Looking to the future the GMOC has stated that the definition of "accommodate" should be expanded to include a broader definition of the physical needs of students necessary for the education process and for parity of school facilities across the district. The GMOC has indicated their intent to work through the "Top to Bottom" review of the growth management program and in consultation with the school districts, to accomplish this end. Financing for West Side Schools Over the long term there is the potential for significant residential growth on the west side of the City. These demands, while several years away, may exceed the school districts current capacity to 9-2 Page 3, Item No.:~ Meeting Date: 10/26/04 accommodate students. The remedy to build additional capacity is hampered due to the lack of identified financing. The GMOC recognizes that being proactive in identifying a strategy for financing construction of new school capacity in the City's established westem neighborhoods is a timely action. The GMOC believes that the respective school districts should take the lead role once the broad growth parameters are identified in the General Plan Update and Urban Core Specific Plan. The GMOC is recommending that the City provide assistance to the school districts as appropriate in the identification of viable fmancing options. Extraordinary Delay Last year the GMOC issued a Statement of Concern regarding the timing for high school (HS) 13, which the Sweetwater Union High School District (SUHSD) has indicated, will be needed by July or September of 2006. As then, it is recognized that efforts are fully underway between the school district, the City and the major developers in eastern Chula Vista to meet this schedule. To date the schedule for HS 13 is on track to meet the deadline. The GMOC was satisfied that the schedule although tight is obtainable and that time for unanticipated delay is factored into the program. However, should an extraordinary delay occur that creates a situation where HS 13 will not open by September 2006, the GMOC is recommending that the City, staying within their jurisdictional domain, provide assistance to the SUHSD in developing options so as to avoid school crowding. 3. Conclusions To assist Council in evaluating and acting upon the GMOC's recommendations, a concise summary of the GMOC's recommendations and corresponding staff responses is presented in Attachment 1 (labeled as Appendix A in the GMOC Report). Staff requests direction ftom'Council regarding implementation of those recommendations as outlined in the right-hand column of Attachment 1. FISCAL IMPACT: None at this time. As specified follow-up actions are brought forward to the City Council, fiscal analysis of these actions will be provided. Attachments: 1 - 2003-04 GMOC Schools Element Recommendations/Proposed Implementing Actions Summary (Will be included as Appendix A, in the 2003-04 GMOC Annual Report). 2 - Planning Commission Resolution 3 - Chairperson's Revised Cover Memo and GMOC 2003-04 Schools Element of the Annual Report. 9-3 .... I- Z w 2 J: U « I- -"'" I- U « 0 ~~ ~~ CIJCIJ ""'CIJ ~~ 0"'" Ut) E-<-< Gø « ,....Z CIJ"'" ~E-< >< ~Z c O~ z w E-<~ c.. 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PCM 04-02C RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA ACCEPTING AND APPROVING THE SCHOOLS ELEMENT OF THE 2003-04 GMOC ANNUAL REPORT WHEREAS, the City's Growth Management Oversight Commission (GMOC) is responsible for monitoring the City's eleven growth management quality of life threshold standards and reporting their findings and recommendations to the City Council; and WHEREAS, on September 14, 2004, the GMOC finalized its 2003-04 Schools Element of their Annual Report; and WHEREAS, the report covers the period from July 1, 2002 through June 30, 2003, identifies current issues in the second half of 2003 and early 2004, and finally assesses threshold compliance concems over the next 5 years. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista accepts the 2003-04 GMOC Schools Element of the GMOC Annual Report and approves the recommendations contained therein; NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission wishes to expedite the recommended financing plan for potential west-side school needs and to refine the schools threshold definition; NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council accepts the Schools Elemènt of the 2003-04 GMOC Annual Report and the recommendations contained therein. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13 day of October 2004 by the following vote to- wit: AYES: NOES: ABSENT: ABSTENTIONS: Marco Polo Cortes, Chairman 9-5 ATTACHMENT 3 September 14, 2004 TO: The Honorable Mayor and City Council City of Chula Vista FROM: William Tripp, Chairperson 7/1/2003 to 6/30/2004 Gary Nordstrom, Chairperson 7/1/2004 to 6/30/2005 Growth Management Oversight Commission (GMOC) SUBJECT: 2003-04 GMOC Annual Report (July 2002 to June 30, 2003, to the Current Time and Five Year Forecast) The GMOC is appreciative of the time and professional expertise given by the various City department staff as well as the school districts, water authorities, and Air Pollution Control District in helping us complete this year's annual report. The comprehensive written and verbal reports presented to the GMOC illustrate the commitment of these dedicated professionals to serving the Chula Vista community. Special thanks to Dan Forster and Cherryl Cisneros who provided excellent staff support. We would like to recognize the commissioners of the GMOC: Vice Chair, David Krogh, Rafael Munoz, Michael Spethman, Steve Palma, Arthur Garcia, Kevin O'Neill, and Richard Arroyo. This dedicated and diverse team of citizens read numerous reports, listened to detailed presentations, and participated in hours of thoughtful discussion about the impact of development on the "quality of life" in Chula Vista. Over the last few years the GMOC has been in the lead identifying ways we can become more responsive to the community and effective in our message to Council. The most important aspects of those changes has been: · Holding regular public workshops; · Focusing greater attention on western Chula Vista; and, · Having greater future vision, by dealing with current issues and looking critically at the next 5 year time period. · This years report will be dated 2003-04 to reflect focus on current issues, in subsequent years the report will be dated the year it is presented, i.e. next years GMOC report will be dated 2005. The GMOC is pleased with these accomplishments and looks forward to additional changes brought forth through the "top to bottom" review process. As we review the City's growth over the last several years, two things are clear, first there has been a lot of growth, and second the City has done a remarkable job in providing the facilities 9-6 and services necessary to accommodate this rate of development. It is a testament to the current growth management program, and all the individual actions that have taken place, that we are doing so well. We all hear the complaints about growth, but I know of no other jurisdiction that has handled this level of growth so well, and has maintained a desirable city image. But, we all know we can and must continue to strive to do better. Eight of the eleven quality of life thresholds were judged by the GMOC to be III full compliance, these include: · Fiscal · Air quality · Sewer · Water · Drainage · Parks and Recreation · Traffic · Schools Three of the thresholds failed or had at least partial non-compliance: · Library has fallen below the threshold but a program is in place to correct this. · The Police threshold has two components, Emergency and Urgent response times. The emergency response time threshold was met but the urgent response time was not. · The Fire/EMS response time did not meet the threshold. The following report includes a more detailed presentation of the eleven threshold standards, identified issues, findings, and recommendations to the City Council. The GMOC was appreciative of the time extended to us during the joint City Council, Planning Commission and GMOC workshop on June 23, 2004, and look forward to sending the final section on schools to Council in October 2004. 9-7 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2003 -04 GMOC ANNUAL REPORT REGARDING SCHOOLS AND APPROVING THE RECOMMENDATIONS CONTAINED THEREIN; AND DIRECT THE CITY MANAGER TO UNDERTAKE ACTIONS NECESSARY TO IMPLEMENT THOSE RECOMMENDATIONS AS PRESENTED IN THE "2003-04 GMOC RECOMMENDATIONS/PROPOSED IMPLEMENTING ACTIONS SUMMARY" . WHEREAS, the City's Growth Management Oversight Commission (GMOC) is responsible for monitoring the City's eleven growth management quality of life threshold standards and reporting their findings and recommendations to the City Council; and WHEREAS, on September 14, 2004, the GMOC finalized its 2003-04 Schools Element of their Annual Report; and WHEREAS, the report covers the period from July 1, 2002 through June 30, 2003, identifies current issues in the second half of 2003 and early 2004, and finally assesses threshold compliance concerns over the next 5 years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accept the 2003-04 GMOC Schools Element of their Annual Report and approves the recommendations contained therein; NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council directs the City Manager to undertake actions necessary to implement those recommendations as presented in the "2003-04 GMOC Recommendations/Proposed Implementing Actions Summary." Presented by: Approved as to form by: James Sandoval Director of Planning and Building Q -nt~ Ann Moore City Attorney 9-8 _..._________.._M·..·._ __ _._.___.___.."__~_________ ATTACHMENT 3 3.11 SCHOOLS Threshold: The City of Chula Vista shall annually provide the two local School Districts with a 12-18 month forecast and request an evaluation of their ability to accommodate the forecasted and continuing growth. The Districts' replies should address the following: 1. Amount of current capacity now used or committed. 2. Ability to absorb forecasted growth in affected facilities. 3. Evaluation of funding and site availability for projected new facilities. 4. Other relevant information the Districts desire to communicate to the City and GMOC. THRESHOLD FINDING: CURRENT: Capacity to accommodate students used now or committed. CHULA VISTA ELEMENTARY SCHOOL DISTRICT - Threshold Met SWEETWATER UNION HIGH SCHOOL DISTRICT- Threshold Met FORECAST: Ability to accommodate forecasted growth - Funding and site availability for projected new facilities. CHULA VISTA ELEMENTARY SCHOOL DISTRICT - Threshold Likely Met SWEETWATER UNION HIGH SCHOOL DISTRICT- Threshold Likely Met 9-9 1 3.11.1 Threshold Compliance Discussion: The school threshold issue is undoubtedly the most complex topic the GMOC has to consider. Schools are among the most important community resources but since the schools are governed by a political body separate from the City, the GMOC has no direct means to affect change. Moreover, because of Senate Bill 50, which was enacted to obtain support from the Building Industry Association (BIA) for school bond issues, local governments cannot require extra fees or require the establishment of a Mello Roos from new development to fmance schools. So, although the City can levy fees for road, sewer, and park improvements, the city cannot do the same for schools. Also, based on the same law cities are not allowed to regulate the rate of growth of residential development based on school impacts. Even though there is little recourse for action, the GMOC believes that it must take a strong position if a school threshold compliance is in question. In this context the GMOC must make a judgment call on whether the schools are accommodating the existing student population and whether there will be adequate capacity to accommodate future students in the next 5 years. If the GMOC believes that students are not being accommodated now, then the threshold fails. If the evidence (including testimony) reviewed by the GMOC results in its conclusion that accommodation might not be met in the future, a "Statement of Concern" may be issued. The defmition of the term "accommodate" is key. Since the threshold has been monitored the term "accommodate" has been narrowly interpreted by the City/GMOC to mean the physical housing of students, specifically that each student has a chair/desk. The term "accommodate" can also be used in a broader context that includes more qualitative topics such as adequate non-classroom facilities as restrooms, proper lighting, having comparable facilities across the district, or setting a standard for being technologically equipped. The standards themselves defmed by the districts governing agencies. Statement: After a significant amount of discussion, the GMOC has concluded that "accommodate" as referenced in the Schools quality of life threshold language, should mean more thanjust to house students. The GMOC has decided that in the spirit of creating a quality of life threshold, it is a reasonable interpretation that a quality of life threshold cannot be only students being housed, but must instead be inclusive of those aspects that give it quality. 9-10 2 Finding: Special Comment: 3.11.2 Issue: . The GMOC recognizes that both school districts currently meet the threshold standard. At the same time, as indicated above, the GMOC has concluded that the traditional threshold defmition of "accommodate" being a desk per each student does not adequately address the intent of the threshold. The GMOC will work with staff on the "Top to Bottom" update of the City's Growth Management program, with school district participation, to recommend to Council the appropriate change so that the term accommodation is explicitly defined. The GMOC appreciates and aclmowledges the support and voluntary participation that the school districts provide to the City's Growth Management Program and the GMOC. Both school districts have completed questionnaires and assigned staff to brief the GMOC on various issues. Managing a schoòl district of the size and with the growth dynamics being faced in the South County is a monumental challenge. While improvements are being made and plans for further work are in place the GMOC continues to recognize problems, a principle conc= being the disparity of facilities among middle and high schools. While these disparities are an important issue, the GMOC recognizes and commends the SUHSD for its recently completed Long Range Facility Master Plan (LRFMP). It is the LRFMP that is designed, in part, to specifically address issues of basic parity among all schools. The LRFMP establishes facility quality standards, assessment of those standards by school, and a program for correcting deficiencies with a financing plan QVer a multi-year period. This is precisely the kind of program which is necessary to help assure future compliance. The GMOC seeks to support the SUHSD in whatever way possible to improve the physical condition of our schools so as to provide a quality learning environment and will be requesting annual updates on the progress of the LRFMP. Growth and School Financing School fmancing in new growth areas has been accomplished through the willingness of developers to add Mello Roos fees to their homes. While not required to do so, developers understand that without schools the marketability and therefore value of their homes will suffer. While this is a product of enlightened self-interest, many suburban developers in other areas are still not willing to add these fees to their homes. Chula Vista is fortunate to have the willingness of the developers who are 9-11 3 Recommendation: building in our eastern areas. This fmancing stream is then used to match state funds, and school construction goes foreword. In urban areas experiencing infill and demographic change financing is not so easy. When a new home is built or added on to, the owner must pay a set per foot fee with the maximum set by the state to offset school impacts. In Chula Vista that per foot fee is about $3.00 and covers both elementary and secondary schools. According to the school districts this amount is far short of what it takes to reach the match level to attract state funds for new construction. The other way to fmance schools is for the impacted area to establish a community fmance district (CFD) and then assess themselves a Mello Roos fee to pay for the school. This requires a 2/3 vote of approval from residents to pass. Most believe that such self-assessment is unlikely to receive the necessary votes, particularly in the lower income parts of the city and where there is a predominance of rental property by non-resident owners. There are three growth dynamics in play in the City's older urban areas. The first is that household size is increasing and the occurrence of more than one family per home/apartment is also on the rise. Both of these trends can be expected to produce more children per home/apartment. The second is the recently enacted right to build an accessory unit of 850 square feet on single-family lots, An 850 square foot unit is suitable to support a small 2 bedroom home/apartment. Depending upon the market, this could contribute an additional source of new students. And third, there is the possibility for residential intensification with increased densities across the range from town-home style, to low-mid and high- rise (8 to 14 stories) development. The acceptability of paying increased fees to pay for schools in western Chula Vista is unknown. As referenced earlier, areas experiencing demographic change and increased accessory units may not agree to a self-assessment. Residential intensification may be more agreeable to accept the fee but a school impact fee cannot be mandated. If the builder does not see the marketing advantage of having school availability they may not agree. The school districts and the City are aware of the impending demands that may be made on the districts' older established schools. These demands may exceed the school districts' capacity to house the students. The remedy to build additional capacity is hampered due to the lack of local financing. The GMOC believes that finding reasonable options for fmancing construction of new school capacity in the City's established neighborhoods is a timely consideration given the potential for growth in the next 5 years. Although it is the school districts responsibility to take the lead role in identifying fmancing, this issue will likely require multi-jurisdictional cooperation.. Schools are a key community resource that recognizes no 9-12 4 jurisdictional boundary. In that regard, the GMOC recommends that the City Council direct the City Manager to assemble a team of staff from the City, to assist school district staff in a review of financing options that are both feasible and politically acceptable, and report to the GMOC, on their fmdings. 3.11.3 School Construction Discussion: Both school districts serving Chula Vista, Chula Vista Elementary School District (CVESD) and the Sweetwater Union High School District (SUHSD) have engaged in significant building and expansion programs to match the areas rapid growth. The school district's efforts are commendable. At the same time the pressure to provide more classrooms and more schools to satisfY demand shows no sign of a slowdown. In response to this challenge each district is continuing to expand. 3.11.3 A School Construction - Elementary Schools Issue: In last year's GMOC report, it was recognized that the CVESD had maintained a pace of building a new elementary school a year not to mention the addition of relocatable classrooms on existing school sites. As one of last year's recommendations the GMOC recommended that over the next 2 years that 3 schools be built as compared to the usual 2. It has been reported that over the last year construction of 2 schools has been completed, one located in Rolling Hills Ranch and the other in EastLake. The next school is targeted to be in Otay Ranch Village 6. Construction will begin in November 2004 with completion planned for September 2005. Recommendation: That the City continues to work with the CVESD in identifying areas approved for residential development that will require the construction of elementary schools with the schools in Otay Ranch Village 6 and then Village II being on the critical path of development. 3.11.3 B School Construction - Middle and High Schools Issue: The SUHSD has completed the construction of 2 high schools and I middle school in the last two years. The only thing more remarkable than this achievement is that this added capacity at the high school level will be consumed in the next 2 years. It was reported last year by the SUHSD that another high school, starting with a 9th grade class, is 9-13 5 Recommendation: 3.11.4 Joint Use Issue: needed for the 2006-07 school year beginning in July or September of 2006. The SUHSD, the City of Chula Vista, and the development community are working in close coordination to meet this timeftame. Currently a new high school site has been identified with a purchase agreement in process, Construction funding is anticipated to be available, and plans used for the Otay Ranch High School are being reused so as to fast track the approval process. Timing will be contingent upon receiving the necessary environmental approvals and the ability to provide inftastructure to the location in a timely fashion so that construction can begin on schedule. City assistance has been requested and given to facilitate this effort. A moderated amount of possible delay due to rain has been included in the schedule. The GMOC commends the SUHSD and the City of Chula Vista for pursuing and staying on-track with an aggressive construction schedule. Should there be an extraordinary delay in the construction of high school 13 that will put completion of phase one past the 2006-07 opening date of September 2006, the City Council shall direct the City Manager to alert the GMOC and offer continued assistance, within the jurisdictional ability of the City, to the SUHSD in developing student accommodation options so that over crowding may not occur. Schools belong to the community. Naturally their priority is for education. But schools are also a community resource and should be potentially available for broader usage. In fact this philosophy is in practice with a joint use library, some joint use recreational resources, and joint use offacilities. The GMOC holds public workshops in school facilities and recognizes this as a form of joint use. The overall success of joint use activities depends upon the mutual benefit that can be derived between the City and the school districts. While some successes can be pointed to, there are also examples of failure. These failures have been attributed to organizational culture and the individual principal being able to act unilaterally in restricting such activities. Ultimately, the joint use agreement fails when the two parties do not see an overriding benefit. 9-14 6 . lr.,l Shone.s Inltnil'8tion'" "..n............".......,,""-~~~y...,_.'" oom"."''''' (/, '/1L Lo!f/!f/UN/(/f 7IQf/J MISSION- The mission of Shone's Inspiration is to develop Universally Accessible Play Environments and provide community outreach, education and transportation programs. Universally Accessible Playgrounds allow children with disabilities to play side by side with their able-bodied peers, creating a truly integrated play environment where compassion and acceptance flourish. Shane's Inspiration Universolly Accessible Ploygraunds are designed far children of all abilities, including children using wheelchairs and walkers. Although ramps have been installed in many typical playgrounds so that children with disabilities may enter, virtually all playgrounds require children to leave their wheelchairs, walkers or braces to acceSs play structures, making ploy practicolly impossible. In fact, sadly, most children with disabilities never have the chance to play independently with peers or siblings in a neighborhood playground. Universally AccesSible Playgrounds are built so that of the equipment is playable for children with disabilities while in their support opparatus. At the some time, our equipment is fun, imaginative ond appeals every bit as much to able- bodied children. HISTORY- Shane's Inspiration is the brainchild of Catherine Curry-Williams and Scott Williams and the realization of a dream that emerged from tragedy. Shane Alexander Williams was born in Los Angeles in 1997 with spinal muscular atrophy, a genetic disorder that leads to Severe disability. Within two weeks of his birth, Shane died. Knowing the life that their son would have led if he had lived, the Williams's soon realized that there waS no public playground in Los Angeles where Shane could have played. Giving his brief life special meaning, the Williams' devoted themselves to creating a playground where kids with and without disabilities could play together. With the help of many supporters, Catherine and Co-Founder Tiffany Harris, raised funds and partnered with the City of Los Angeles which allocated two acres of land in Griffith Park - a central location frequented by many - to create their first extraordinary playground. At this park, among many other features, wheelchair friendly ramps and bridges lead to platforms with steering wheels and other features that spark the imagination. Sandboxes are raised, swings are large and have high backs accommodating children with leg braces and mobility problems and basketball hoops are lowered. Equipment is designed to be sensory rich so that children with developmental and sensory disabilities such as Cerebral Palsy, Autism, Down Syndrome and visual impairments, can actively and safely participate. Shane's Inspiration at Griffith Park ServeS thousands of children. NEEDS AND GOALS- The opening of Shane's Inspiration in September 2000 was just the beginning for everyone involved at Shane's inspiration. Nationwide, there are five million children under the age of 15 with disabilities. The Los Angeles Unified School District alone has identified 160,000 children with some type of disability. Our goal is to have a Universally Accessible Playground within reach of every child with a disability. Shane's Inspiration opened its second playground, Aidans Place, in Westwood, California in December 2001, and the third playground located in Riverside County at the Carana-Norca Family YMCA, in August of 2003. Other Universally Accessible Playground projects currently in progress include Santa Clarita, Los Angeles Orthopaedic Hospital. Santa Fe Springs, East Los Angeles, San Clemente, Pico Rivera, Hansen Dam, Childrens Hospital Los Angeles, Ft. Collins, Colorado and Central Park in New York City. Shane's Inspiration is committed to providing young children a chance to experience some of childhood's most basic joys. ..;, .- , ,- - fJIIiiI .' " ,'.,.' I I ~.. .' ~':';f; ,! r,,~ ,-, ~:~ ~.'- / J I ___j' -' "', J .'. ! " .~, ..-... "', '~ , ..., ,... 'if ....~ .. Shane's Inspiration' Creating Universally Accessible Playgrounds for Children of All Abilities 4804 Laurel Canyon Blvd. #542, Valley Village, CA 91607 (818) 752-5676 Fax: (818) 506-1232Web: www.shanesinspiration.org E-mail: info@shanesinspiration.org , It!,l ~n~~~,~!!!~~T" Mision- La mision de Shane's Inspiration es crear Accesibilidad Universal y un medio ambiente multigeneral para jugar, desarrollar programas para la comunidad, programas de educacion y transportacion para los ninos con impedimentos. Patios de Recreo Universal Accesible ayuda a realzar a ninos desarrollo emocional, fisico y social, y ademas ensena compasion y aceptacion. Shane's Inspiration Patio de Recreo Universal Accesible eston disenados para ninos de toda habilidades, incluyendo ninos usando sillas de ruedas y andadores. T1picamente en muchos Patios de Recreo, rampas han sido instaladas para los ninos con impedimentos puedan entrar, procticamente todos los Patios de Recreos requiere que todos los ninos dejen sus sillas de ruedas, andadores y riostras, para entrar al Patio de Recreos. Es lamentable la mayoria de los ninos con impedimentos nunca tienen la oportunidad de jugar independientemente con sus hermanos en un Patio de Recreo en su comunidad. Patio de Recreo Universal Accesible eston construidos 70 '70 de equipo disponible para jugar, asi los ninos con impedimentos usen sus aporatos de apoyo. AI mismo tiempo, nuestro equipo es divertido, imaginativo y su apariencia atrae a ninos con habilidades. Historia- Shane's Inspiration es un invento de Catherine y Scott Williams y la realizacion de un sueno que resulto de una tragedia. Shane Alexander Williams nacio en Los Angeles en 1997 con atrofiada vertebral muscular, es una enfermedad generica produce danos severos de invalidez 0 impedimentos. Despues de dos semanas de haber nacido, Shane murio. Los padres de Shane se dieron cuenta que si Shane hubiera vivido, iba hacer bien dificil, porque no existia un Patio de Recreo en Los Angeles para ninos con impedimentos. Dado que por poco tiempo de tener a su hijo, los Williams decidieron crear un Patio de Recreo para que ninos con y sin impedimentos puedan jugar juntos y lIenos de felicidad. Con la ayuda y respoldo de mucha gente, Catherine Curry-Williams Co-fundador Tiffany Harris, con la ayuda generosa de personas y contribuciones, y ademas conjuntamente unidos con la ciudad de Los Angeles. La ciudad de Los Angeles cedio dos acres de terreno en Griffith Park- es una localizacion central frecuentada por muchos para crear el primer y extraordinario Patio de Recreo. En este porque, tiene rampas y puentes accesibles para las sillas de ruedas y esto Ie da un concepto favorable y a gusto para los ninos. Cajas de arena eston elevadas, los columpios son anchos y tienen a la porte de atras un soporte para acomodar los ninos con equipos de rodillera especial y problemas de movilidad y un aro de baloncesto mas bajito. EI equipo esta disenado pora proporcionar 10 mejor a ninos con Parolisis Cerebral, Autismo, Sindrome de Down e impedimentos visuales. Este equipo a su vez Ie do actividades y participacion segura. Shane's Inspiration en Griffith Park sirve a miles de ninos. Deberes Y Metas- La apertura de Shane's Inspiration fue en Septiembre del 2000, Y a su vez fue la primera vez para todos en Shane's Inspiration. Nacionalmente, hay cinco millones de ninos menores de 15 anos de edad con impedimentos. En el Distrito Escolar de Los Angeles tiene 160,000 mil ninos con algun impedimento. Nuestro meta es de tener un Patio de Recreo Universal Accesible para cada nino(a) con un impedimento. Shane's Inspiration abre su segundo Patio de Recreo lIamado Aidan's Place en Westwood, California en Diciembre del 2001. Otros, Patios de Recreos Universal Accesible estan actualmente en pro- greso, incluyendo Pacoima, Santa Fe Springs, Este de Los Angeles, San Clemente, Corona, Pico Rivera, Pan Pacific Park, Hansen Dam, Hospital de los Ninos en Los Angeles y Lago Balboa/Van Nuys. Shane's Inspiration tiene un compromiso de proveer a ninos una oportunidad de experimentar 10 basico en el desarrollo de la infancio que reflejaro alegrias y felicidad en los rostros de coda criatura que Dios bendice. . ~._. .5111-.'_ h t."'\-.:..' a.:.._~ I~.. . ~ . . j ~~ Shane's Inspiration * Creando Patio de Recreos Universal Accesibles y Integraci6n Ambiental para Jugar 4804 Laurel Canyon Blvd #542, Valley Village, CA 91607 (818) 752-5676 Fax: (818) 506-1232 Web: www.shanesinspiration.ora E-mail: info@shanesinspiration.ora Creating universally accessible playgrounds for children of all abilities ,'1// j.. -. "e- 1L ~ \ ,,,,,, . -.lrt A Shane.s I irationTH fOR CHILDREN OF ALL "1'LITlES Shane's Inspiration In 1997, Catherine Cuny-Williams and Scott Williams lost their son, Shane Alexander, to a degenerative spinal condition only a few weeks after his birth. Had Shane lived, he would have spent his life in a wheelchair. Because of a physical dis- ability, Shane would have been denied one of the most funda. mental rights of childhood: the right to play independently with friends and family at neighborhood and school play- grounds. This realization encoumged the Williams and their life-long friend Tiffany Harris to turn a tragedy into a vision that resulted in Shane's Inspiration...a non-profit organization dedicated to improving the lives of children with disabilities. The mission of Shane's Inspiration is to develop Universally Accessible Playgrounds and provide transportation, education, and community outreach programs. Shane's Inspiration's Playgrounds enhance a child's emotional, physical and social development, as well as teach compassion and acceptance. Shane's Inspiration gave a gift to thousands of Los Angeles children through the creation of an environment where all children can play together at the highest level of their ability. With the support of visionary community leaders, Shane's Inspiration rallied Los Angeles to create the first and largest Universally Accessible Playground in the Western United States: "'Shane's Inspiration." Located in Griffith Park, it provides two acres of in depend- ent play, sensory-rich and physically challenging equipment and the rare opportunity for disabled and able-bodied children to experience and accept one another. After "Shane's Inspiration" opened in 2000, the organization was inundated with requests from families who wanted accessible play in their community. This prompted them to work with a family, who also suffered the loss of a son, to design and build the second Universally Accessible Playground in Los Angeles: "Aidan's Place" located on Sepulveda Boulevard in West Los Angeles. Since that time, the organization has helped raise millions of dollars, initiated over 30 Universally Accessible Playground proj- ects throughout Southern California and beyond, and created community outreach programs that educate the public as well as help dissolve barriers for the disabled youth. This is not just another playground... It is a symbol of hope and love and a beacon of joy for thousands of children in our city. - Fonner Mayor Richard Riordan speaking at the opening of Shane's Inspiration Playground Our playgrounds In Southern California alone, tens of thousands of children are excluded from traditional neighborhood and school playgrounds because they are disabled. Most playgrouods provide equipment that is not easily accessible... wheelchairs get trapped in sandpits and leg braces get caught in narrow pathways. This leaves disabled children sitting on the sidelines... watching as their able-bodied friends and siblings play. Because there are so few opportunities for children with disabilities to interact with their ahle.bodied peers, many children spend their lives isolated and stigmatized. Excluding them from play environments at an early age hinders their ability to develop emo- tionally, cognitively and physically. Studies have proven that integrated play helps disabled children develop: fine and gross motor skills; receptive communication skills; cerebral functions; physical strength; and social skills, including independence and self esteem. Integrated play also gives able-bodied children the opportunity to experience and accept disabled children as equals. At Shane's Inspiration's Universally Accessible Playgrounds the sensory-rich equipment is independently playable for children with disabilities while exciting and challenging for able-bodied children. Our playgrounds delight all children, providing a place where compassion and acceptance can flourish. "Shane's Inspiration" Opened September 2000 ... Griffith Park, Los Angeles, CA "Aidan's Place"... West Los Angeles, CA Opened December 2001 "Corona-Norco Family YMCA" ... Corona, CA Opened August 2003 Shane's Inspiration's Impact and Services Shane's Inspiration raises the quality of life for children living with disabilities by building Universally Accessible Playgrounds and more... Our Impact on the Community: WE BUILD BRIDGES for the disabled community by creating accessible, integrated play environments in all neighborhoods... regardless of socio-economic conditions. WE DISSOLVE THE BARRIERS of discrimination by working to educate children, parents, teachers, communities, municipalities and government agencies about the needs of special children. WE RAISE THE BAR on accessibility standards. Even the decade-old Americans with Disabilities Act only provides the mini- mum standards for integration. Our playground designs extend far beyond those guidelines into the future of what accessible play will become. WE FACILITATE PLAY! Each month, we bring together over a hundred children with disabilities and their families to our complet- ed playgrounds. The fun-filled day includes games, face painting, snacks, and making new friends while playing on the playground! Our Programs , 1(; .1 THE CATALYST PROGRAM: Shane's Inspiration playground professionals guide families, communities and municipali- ties through the playground development process. Support includes guidance in such areas as; playground planning develop- ment meetings, creating and managing a budget, building community support, navigating government regulations, securing land for the site, choosing and negotiating with vendors, fundraising, and evaluating the success of each playground. The Catalyst Program has an average of twenty projects in development per year. COMMUNITY OUTREACH PROGRAM: This prognun increases the use of the playgrounds while building public awareness of the tremendous benefits of integrated play for both disabled and able-bodied children and their families. Outreach services include: a free bussing/field trip program that brings 2,000 children annually to the existing playgrounds; public speaking engagements at local schools, Regional Centers, hospitals and communities; newsletters targeting disabled children and adults; a newsletter written by and for children with disabilities, their peers and siblings; and hospital research collaborations that identify existing disabilities and their corresponding needs. Another major component of this program is Shane's Club, a monthly play date at one of our playgrounds that brings children of all abilities together to talk, make friends, and play together. TECHNICAL SUPPORT & DESIGN PROGRAM: Each playground has a unique, community-driven design. Through "Community Options & Priorities Sessions," our Project Management Team works closely with the community and children to create a cohesive design that meets the needs of a variety of disabled children, able.bodied children and community mem- bers. Included in the design oversight process are special education teachers, rehabilitation therapists and other health-care professionals. Playgrounds opening in 2004 Los Angeles Zoo in Griffith Park, Lincoln Park amd Paque de IDS SueDos, both located in East Los Angeles, Temple Street-Beverly Park in Downtown Los Angeles and Wilshire Crest Elementary in the Los Angeles Unified School District. Playgrounds in development Santa Clarita, Los Angeles Orthopaedic Hopsital, San Bernardino, Santa Fe Springs, Playa Vista, Calabasas, Redondo Beach, Thousand Oaks, San Clemente, Hollywood, Sylrnar, Hansen Dam, Valley Beth Shalom in Encino, Childrens Hospital Los Angeles, Ft. Coilins, Colorado and New York City. An addi- tional 10 playgrounds are in development through a partnership with the City of Los Angeles Department of Recreation and Parks. Internationally, we are working with Bombay, India; as well as Jerusalem and Tel Aviv, Israel, providing assistance in the establish- ment of a Universally Accessible Playground. Our Friends & Collaborators Anne & Kirk Douglas Playground Award, California Park & Recreation Society, Los Angeles City Council, Cedars Sinai Hospital, Center for Healthy Aging, Children's Hospital Los Angeles, City of Los Angeles Department on Disability, City of Los Angeles Recreation & Parks Department:, Congressman Henry Waxman, Corona-Norco Family YMCA, Easter Seals of Southern California, Down Syndrome Association of Los Angeles, The Honorable Mike Feuer, Foundation for the Junior Blind, Kiwanis Club of Woodland Hills, Los Angeles Business Council, Calfomia Regional Centers. L.A.U.S.D. serving children with disabilities, Muscular Dystrophy Association. San Clemente Junior Woman's Club, Laura San Giacomo and the Chimes School, Universal Sunrise Rotary Club, Weingart Foundation, Ralph M. Parsons Foundation, Northrup Grunmna, S. Mark Taper Foundation. Norris Foundation, Toyota, and most importantly...each and every child that has crossed our paths and touched our lives. Accomplishment Highlights The City of Los Angeles passed a motion in support of establishing 21 Universally Accessible Playgrounds throughout Los Angeles. A recent Prop 40 allocation will support this motion through the development of Universally Accessible Playgrounds in every Los Angeles district which does not currently have one. Shane's Inspiration was honored with the first "Heroes for Health Award" by Good Housekeeping Magazine and General Electric. A featured article in Good Housekeeping Magazine was followed by an interview with Matt Lauer on "The Today Show" and an awards ceremony at Carnegie Hall in New York City. Shane's Inspiration was the recipient of the 2003 Access Award from the Los Angeles County Commission on Disabilities. Our playgrounds have received numerous awards, including: "Best Playground" from Los Angeles Magazine's" I 0 I Things to Shout About," the L.A. Parent Award for Outstanding Playgrounds and the Architectural Landscape Design Award from the L.A. Business Council. You Can Help... Shane's Inspiration's message is simple: It is the birthright of every child to play in the park. The need is compelling because, unfortunately, chil- dren with disabilities continue to live on the fringe of society. The poten- tial of realizing our vision is extraordinary. There are hundreds of families, educators, healthcare professionals, corporations, foundations and civic leaders fighting for inclusion and integration. Please join them. Here are a few ways in which you can help: Become a Corporate Ambassador... You can connect Shane's Inspiration with corporations that you or your loved ones work with. Once you open the door, we will step in and find a program that best fits their interest! Be an Individual Donar...the generous, tax~deductible support ofindi- viduals like you is vital to our work. You can give throughout the year or support our special events. Each year, we host a black-tie dinner and 10K Walk. Run, Roll~A- Thon - both exhilarating, fun events! Volunteer! Throughout the year, we need helping hands at special events, in the office and at the play dates in a variety of capacities. You can also donate your professional services, join our fundraising efforts or join our community outreach team and speak at local venues. Become a member of our Professional Advisory Board. Do you know friends and colleagues who are capable of giving? Host a small gathering at your house and we will introduce them to the organization and our many projects. Bring your children to the park. All children are welcome every day of the week! Consider becoming a Legacy Donor with an annual commitment of $10,000 or more. FOR MORE INFORMATION, PLEASE CONTACT... Tiffany Harris, Executive Director, Shane s Inspiration 4804 Laurel Canyon Blvd., #542 - Valley Village. CA 91607 (818)752-5676 Fax: (818)506-/232 tiffany@shanesinspiration.org What makes our Universally Accessible Playgrounds Special? OUR STANDARDS: Our commitment is to create safe play environments that are enjoyable and challenging regradless of their physical or cognitive ability. The final objective is to create a fully integreated play environment so children will have an opportunity to socialize and develop friendships. To accomplish these objectives, we design playgrounds that meet the following standards: 1. All materials used meet safety standards for city/state/federal requirements, such as American Society for Testing and Materials (ASTM), United States Consumer Product Safety Commission (USCPSC), NPSI (National Playground Safety Institute) and the Americans with Disabilities Act Accessibility Guidelines (ADAAG). 2. Shane's Inspiration '5 equipment and designs provide the highest level of interactive play available for all children. 3. Each of Shane's Inspiration's designs is unique and commu- nity-driven. We facilitate Community Options & Priority Sessions to ascertain a community's needs and desires for multi-generational play environments. 4. We collaborate with landscape architects to create a theme for each playground and its surrounding environment. 5 We consult with our Professional Advisory Board (PAB), which consists of doctors, physical therapists, psychologists, child development specialists and occupational therapists, to help us determine the play environment needs of communi- ties that may have a high incidence of a particular disability. 6. Our equipment is designed to be challenging. sensory-rich, age-appropriate and to encourage cerebral and physical development.. 7. Shane's Inspiration's Director of Design, who has back- ground in landscape architecture and construction project management, provides a Design Review for all playgrounds. 8. Shane's Inspiration designs are environmentally-conscious. It is our commitment to incorporate and preserve each site's natural surroundings. 9. We make every effort to insure usage of the playgrounds by applying a community outreach model to each project. This helps connect families with Shane's Inspiration's resources, such as play dates, special transportation and educational programs. 10. All playgrounds receive the Shane's Inspiration Design Seal of Approval when they have met our criteria. Our design commitment to you OUR COMMITMENT is to the spirit of the law: For over ten years, public facilities have been implementing the mandatory guidelines outlined in the Americans with Disabilities Act. However, most playgrounds fall short of achieving the true spirit of the law, which isfull equality for dis- abled individuals in body, mind and heart. In the world of a special-needs child, full equality is essential, not optional. OUR DESIGN PROCESS: We recognize that equipment is only half of a playground.. .the other half is the rich, imaginative world of the children, their families and the community. The reason we turn to the community for design ideas is simple. Children know what they love to play 00. Parents know what they need so that their families can play together. Senior Citizens know what elements serve their needs and allow them to play with their grandchildren. To build the best possible playground, we invite these community experts to participate in Community Options & Priorities Session. Other community participants include special education teachers, rehabilitation therapists and health pro- fessionals who further shape the design from their perspectives. OUR PROFESSIONAL ADVISORY BOARD: We combine real-world needs with proven therapeutic and child development theories and existing disability research. We have compiled a team of experts consisting of Physical Therapist, Children's Hospital; Nursing Director, Children's Hospital Los Angeles, USCfUAP; Parent Family Resource Director, Children's Hospital Los Angeles, USCIUAP; Pediatric Physical Therapist; Child, Family and Adult Psychotherapist; Developer of Children's Programs for Alma Family Services; Parent Advocate for Children with Disabilities; Clinical Psychologist; Community Services Specialist, Eastern Los Angeles Regional Center; Occupational Therapist; L.A.U.S.D. Early Childhood Special Educator; Educational Director, Center for Disabilities Studies and Community Inclusion. These experts lend their expertise in the area of disabilities such as Autism, Down Syndrome, Cerebral Palsy, Sensory Development and Mobility Development. Their unique insight into the rehabilitative play process provides an opportunity for our design team to integrate the needs of these children into fun, state- of-the-art equipment, which serves the needs of typically abled-bodied children as well. Design In the words of one phySically-challenged child: "At most playgrounds, I have to crawl out of my wheelchair if I want to play. It makes me feel like an ant, with all these giant kids running around me. My wheelchair is my legs. Would you want to take your legs off to play?" Our unique designs include... HORIZONTAL LADDERS I UPPER BODY PEDDLERS encourages multiple motor skills: reaching, pushing, pulling, releasing and grasping. Builds upper-body strength RUBBERIZED SURFACING encourages complex motor skills: walking, running and climbing, which is promoted through ambulatory games such as hide-and-go-seek or tag. Builds coordination and lower body strength. COMMUNICATION STRATEGIES games and signage teach a variety of communication skills: following verbal instructions, learning non~verbal communication, practicing sign language or use of pictorial symbols PLAY AS THERAPY used for rehabilitation: children utilize play equipment to practice physi- cal therapy exercises, such as extending legs, trunk, arms or lifting I pulling to strengthen muscles and coordination. MAGICAL WATER AND SOUND WALLS EMBEDDED WITH SHELLS. ANIMAL SHAPES AND WHIMSICAL SOUND PUCKS which stimulate tactile senses for sight-impaired children SHADED. ENCLOSED STORY CIRCLES provides reduced stimuli for children with conditions such as Autism, Down Syndrome or Cerebral Palsy Shane's Inspiration gathers all of these ideas and takes them back to our Director of Design, Virginia Hatley. Virginia Hatley is a professional Landscape Architect and holds a Bachelor of Science degree from California Polytechnic University, Pomona. She is a certified National Institute of Parks Safety Inspector and brings over 17 years of experience as a Landscape Architect and Project Manager to Shane's Inspiration. Virginia has worked with the City of Los Angeles to revitalize recreational parks, trails, equestrian facilities and a variety of other projects. She is the primary Playground Designer for Shane's Inspiration and has a tremendous amount of experience in creating community~driven collaborative designs. Our design team works with government agencies, landscape and architecture professionals to make sure these designs are both safe and feasible. The result is a high-quality, multi-generational Universally Accessible Playground built by and for the community. "! am from Richland Avenue Elementary Schoo/. ! use crutches. We need more parks like these. Now we will be able to play ball, go in the swing and play in the sand Now we can do anything that we couldn t do before!" - Anariqna Thomas, age 8 Children's Letters C/-,,-- ~~. ~ ,.,_....._~..,.,~ ~d r ~ ~ \ J re.r'\ o~ ,.A \ \ '-" a \J'\ \ \ \- \ <":J :) .J ~ .,~ ~ \..-'V~ v ov~ ~ <J , ~ ~ Z r J >, ~ ~ O~ "- \~ II) " .,,;/ "3 f' ." '" J f- I c^ C> t' ~'e Cv\ If) h L).. \J ~ 1,.) C\ 'To, \ ~(\ \ -C':'-_,).J\ -'':'::'" '" A' \ I \.~ \ \111 ~'----'- I Jtl j-Il' -1i f iii:' II I Omr !'1r. L\ryJ n ' I h. N"',k. obJ.rS ii (. A /l "' 'f ' . ?) ~ \ X ,/ ' ~-- ~ - A PfoJcrl " l , . A llP'{~\~'''''1'\ ,""'"1<'"' _, ('1f~. (;0- (rnC;J! (I; ['I.(h (,.,r 6", /j-", ,-' Cc-.n rLj /i-" . -~nJ/ ..;._('<'"1 j- '~~. (' y"', .. be.... l Co U r~~ V:.J /'.11 r-'i lA(;, ,";,/ fi , ~0 .. j~' t ( .- I , jn;. f""( I: , (j" I , , r'Y/c,1;\: r .. " t~I~\6 Ad.l(_,\1j 5r"",(" t-(-..,.,j-" '1r''''"j-,'' V '-)(Ht" " t"ho.-f n'1 .1(( (~ . ",{i ertl\L~ '/10,' I, " /"". / ~14.Yl /" ro ('1,->'1 ~::1 -, " , , j ( -.jf"'j i :,', -1- ,. "J i j' :, , I: , 'I /-",.! I' i I J !! lei,':) rJ k .,/rIde f*"P~ :f'- :oJ' "/6(,1 (). "'0.._/..- H.,<.r ":'~1~,,~ '( -h?, &.c;."f'_ cf ....n .if) -~ -jJ\rci /.' { _r- hl\,/c' (~...,,""...., .~ / J'<C- _-J-_ r.-", Ene., ~7 '\ jJ..o.,,~, y_. S.jo-(.r,'"..,J?f "I Ms-, ;"~.< '~i( J,j-- Community Outreach .. Our Universally Accessible Playgrounds allow children with disabilities to play slde-by-slde with their oble- bodied peers and siblings. 70% of the equipment IS Independently playable far children with disabilities while in their support apparatus. At the same time, the equipment IS fun and challenging for able-bodied children. ~o.ne' s C~ (,j .: )rOt 1 ~ ~~:.~,~l!!~'. Come Out and Play What: Shone's Club IS 0 free club that meets monthly for 0 Ploy Dote at one of Shone's Inspiration's Universally Accessible Playgraunds.* Face Pointing, Arts & Crofts, and Treats ore provided (but please feel free to bring 0 sock lunch). Children will hove 0 great time meeting new kids and plaYing on the playground. Who: Children of 011 abilities who who wont to ploy together and make new friends. Why: To give children with disabilities the opportunity to ploy with other kids, while giving their parents a chance to share experiences and advice with other parents/caregivers. How: Free, accessible transportation IS available from 0 deSignated pick-up pOint for children with disabilities and their families. If you need accessible transportatIOn, you must RSVP by the Monday prior to the Ploy Dote. Space on the bus IS limited. When: Shone's Club meets monthly on about the lost Saturday from JO:30am-J:OOpm: * Shone's Inspiration Playground (51): Griffith Pork (Pork In Merry-Go-Round Lot #3) * Aidan's Place Playgrouncf(AP): 1350 S. Sepulveda Blvd. (between Wilshire & Ohio) * TBD: To be determined - at one of our 4 New Playgrounds opening this year! Schedule for 2004: ~ .. January 24, 2004 at AP February 28, 2004 at 51 March 27, 2004 at AP April 24, 2004 at 51 May 22, 2004 at AP June 26, 2004 at 51 July 31, 2004 at AP August 28, 2004 - TBD September 19, 2004 - Walk-fun-Roll Sunday at 51 October 30, 2004 - TBD November 20,2004 - TBD PLEASE RSVP by the Wednesday prior to the Play Date. For more information, call (818) 752-5676 or email mar jorie@shanesinspiration.org ~ It's about giving children of all abilities a chance to play together! Shone's Inspiration - 4804 Laurel Canyon 81vd. #!l42 - Volley Village, CA 91607 (818) 752-5676 - www.shanesinspiration.org Shane's Club monthly play dates bring together over 1,000 children with disabilities and their peers together each year. Our annual 5K11 OK Walk-FUN-RolI provides an opportunity for the community to support the mission of Shane's Inspiration. Our School Transportation Program transported 2,197 students in 86 busses on 39 field trips in 2003. Junior Design Parties give children of all abilities a chance to share their ideas for future playgrounds. Letters of Recommendation BOARD OF RECREATION AND PARK COMMISSIONERS CITY OF Los ANGELES CALIFORNIA DEPARTM~NT OF RECREATION AND PARKS 200 NORTH MAIN STREET 13TH FLOOR LOS ANGELES, CA 90012 (213)473-6833 FAX (213) 978-0014 MIKE RODS President I) CHRISTOPHER C. PAK VlcePresiclent CHRISTOPHER W. HAMMOND CHRISTINA SANCHEZ-cAMINO LISA SPECHT JAMES K. HAHN MAYOR MANUEL A. MOLUNEDO GENERAL MANAGER April 24, 2003 Ms. Tiffany Harris, Executive Director Ms. Catherine Curry-Williams, Executive Program Director Shane's Inspiration 4804 Laurel Canyon Blvd., #542 Los Angeles, CA 91607 Dear Tiffany and Catherine: I am writing to thank you for the honor of being presented with the Shane's Inspiration Hero Award 2002. In the coming years, I will have the great pleasure of overseeing the application of $9.5 million designated by the State to develop Universally Accessible Playgrounds throughout the City of Los Angeles. This generous allocation was inspired by Shane's Inspiration's extraordinary vision and community outreach, which lead to efforts by Assemblyman Tony Cardenas to champion this funding program. The award ceremony and press conference which took place at Aidan's Place provided a wonderful opportunity to meet the children with disabilities and their families who so freely played on this unique playground. I was especially moved by the father who spoke at the ceremony on the important role Shane's Inspiration has played in his family's life, allowing all of his children to finally have the opportunity to play together. Jt is my commitment, through partnership with Shane's Inspiration, to make Los Angeles the preeminent leader in the area of Universally Accessible play. The $9.5 million will create a playground in each City Council district, making Los Angeles the first in the nation to establish a comprehensive recreational plan to serve children of all abilities through the medium of play. The collective work of the Los Angeles Recreation and Parks Department with the expertise and vision of Sh8.Q.e's Inspiration will create a prototype to inspire other municipalities to create these extraordinary environments for the children of their community. I look forward to a long journey together on behalf of children of all abilities throughout Los Angeles. Sincerely, ~~ MANUEL A. MOLLINEDO General Manager AN EQUAL EMPLOYMENT OPPORTUNITY - AFFIRMATIVE ACTION EMPLOYER . THE CITY OF SAN DIEGO April 28, 2003 Ms. Tiffany Harris Executive Director Shane's Inspiration 4804 Laurel Canyon Blvd., #542 Valley Village, CA 91607 Dear Ms. Harris, It was a pleasure meeting with you again recently. Throughout my prior service as General Manager of the Los Angeles Recreation and Parks Department, I had the pleasure of working with Shane's Inspiration towards the development of the first Universally Accessible Playgrounds for the children of Los Angeles. The extraordinary commitment of your organization to children of all abilities is inspiring and it was my honor to join in partnership with the creative team at Shane's Inspiration. Your professionalism, cutting edge design efforts and expedient project management provided a unique and invaluable contribution to the Recreation and Parks Department and the City of Los Angeles. Now, serving as Director of the City of San Diego Park and Recreation Department, I am looking forward to a continued working relationship with Shane's Inspiration. I appreciate you taking the time to meet with my staff regarding the playground design to satisfy the play needs of all children. I have spoken with several of my staff members who reported that they were impressed by your presentation. I have always admired and strongly supported the mission of Shane's Inspiration and highly recommend your organization as a powerful tool for any Recreation and Parks Department whose goal is to better serve the needs of all children throughout the community. I look forward to meeting with you again in the near future. Since~ely, ~-UJ L/1f'lw'hl0- Ellen Oppenheim City of San Diego Park and Recreation Director ~'..'jo, ,x-', ". ,x. _ ~ " " "I .; D1VERSITY ,',.'",."r",,".GW" Office of the Director · Park and Recreation 202 (Snoot. MS 98. Son Diego. CA 92101.3864 Tel (619) 236.6643 Fox (619) 236.6219 (oastol Parks Division. Inland Parks Division. Metro Parks Division Northern Parks Division. Special Services Division. Torrev Pines and Balboa Golf (ourses '" TRAVEL. MAKING A BETTER WEST Fun for all A California duo builds playgrounds for children of all abilities By Lisa Taggart. Photograph by Todd BigelOW Shane's Inspiration, a playground in Los Angeles' Grif- fith Park, has just about everything a kid needs to have a good time. There's a play structure resem- bling a rocket ship. Swings, some with simple seats and others with straps. stand next to a sandpit that's stocked with digging toys. Nearby, a panel spells out "I feel good" in English and braille. Feeling good is what Shane's Inspiration is all about. It's also revolutionary-the frrst universally accessible play. ground in the West. Opened in 2000, Shane's Inspiration exists because of Catherine Curry.Williams and Tiffany Harris, friends and fclJow actresses who had produced plays together. In 1997, Curry-Williams's first child, Shane Alexander, was born with spinal muscular atrophy. He lived only 14 days. A few months after her son's death, Curry-Williams read about a woman in West Hartford, Connecticut, whose child had the same disease as Shane. Amy Jaffe Bar7.ach had built a playground in her chil.d's memory and started a nonprofit organization to promote universally accessible play environmentS. "It felt like God saying, 'Here's something to gct you out of your bed,'" Curry-Williams says today. She and Harris discovered that the city of Los Angeles did not have a single fully accessible playground, leading them to ponder how they might bring Barzaeh's concepts out WesL A place where every~ can play The difference between playgrounds equipped with a single wheelchair ramp and what Hanis calls truly "playable" structures can break a child's heart. "A ramp would lead to 32 SUNSET nowhere," Harris says, "just getting kids closer to the things they can't play on. That closes the door 011 play- ing with other children." T ogcther, she and Curry-Williams raised $1 million to build Shane's inspi- ration, forming a nonprofit by the same name along the way. The goal was to integrate: able-bodicd and dis. abled kids in a 2.acre world of play trains, castles, ships, and dinosaurs. Visit the playground and you will see that their plan has worked_ Chil- dren, says Harris, "are all just there playing at the park-there arc no special sections." Curry-Williams and Harris had stumbled upon a vast need. Mter the opening, the nearby community of Westwood asked the duo for assis- tance in building another playground. With help from the family of Aidan Gaffney, a local disabled boy, they raised $900,000. The playgrouud was christened Aidan's Place when it opened, months after its namesake passed away. The two are now helping to build more than 40 playgrounds, including 21 in Los Angeles and others in cities from San Diego to Mumbai, India. Barzach describes the women's efforts as "superhuman." Today, Curry-Williams and Harris have 3-year-old daughters, born five weeks apart. When the girls play to- gether, they often prer=d to be moms going off to work. "Good-bye," Curry-Williams's daugh- ter, Grace, will tell her friend Jade. "I'm going to bui1d playgrounds." . Accessible playgrounds For mOJe infonnation. contact the Shane's Inspiration office: 4B04 Laurel Canyon /3Jvd.. 8te. 542, VaHey Vlllsgo, CA; (BIB) 752-5676- A1dan's Place. Westwood Recreation Com- plex, 1350 Sepulveda Blvd., Los AnJeIes. Corona-Norco Family YMCA. 1331 River RcJ.. Corona, C4; (009) 736-9622. Shane's Inspiration. 4800 Crystal Springs Dr., GrifffftJ Parl<, Los Angeles; (8IB) 752- 5676. SEPTEMBER 2003 33 (December 2002 Issue) The 2002 Heroes for Health Awards Call them angels of well ness, or saviors of the sick. These women have made other people's health their number one priority -- and we want to celebrate them for it. This year, Good Housekeeping teamed up with GE to present the first-ever Heroes for Health Awards. Meet our miracle workers. She lost a child -- and found a loving cause * Catherine Curry-Williams and Tiffany Harris (PHOTO: LARSEN AND TALBERT) In the summer of 1996, life seemed perfect for 37-year-old Catherine Curry-Williams of Los Angeles. Just wed, she discovered that her honeymoon had produced the most precious of souvenirs: a baby. On March 28, 1997, seven-pound Shane Alexander Williams entered the world. Then, suddenly, time stood still. Shane was born with the severest possible form of spinal muscular atrophy, a rare genetic neuromuscular disease that left him para- lyzed and unable to breathe without a respirator. There was no cure. A fleeting 14 days after baby Shane was born, he was removed from the respirator and placed in his parents' embrace. Within moments, he passed away. For months, Curry-Williams, an actress, felt completely drained. But as the one-year anniversary of her child's death approached, Curry-Williams and her husband sensed a need to honor their son. Around this time, Curry-Williams began hearing stories about another woman in Connecticut, who had lost her child to the same disease that took Shane. She was becoming known for creating a playground designed specifically to meet the needs of disabled youngsters -- as a tribute to her son. Inspired, Curry-Williams called her best friend, Tiffany Harris and the two watched a video about the Connecticut playground. "In that instant, I knew I'd found a new pur- pose in life," Curry-Williams says. And in Harris, she had a willing partner. After exten- sive research and many talks with parents of disabled kids, Curry-Williams and Harris created Shane's Inspiration, a nonprofit organization, in June 1998. For more than two years, the duo made their case for a Universally Accessible Playground to anyone who would listen. Word of the women's crusade reached then-Los Angeles City Councilman Mike Feuer, who helped secure two acres of land in Griffith Park in L.A. for their project. On September 21, 2000, Shane's Inspiration playground opened. Today, Shane's Inspiration has more visitors than any other playground in Los Angeles. The women have since opened a second Universally Accessible Playground in Westwood, and plans are in the works for some two dozen new sites. Curry-Williams and Harris refuse to take credit for these exceptional achievements. "We feel humbled by the opportunity to do this work. The challenged children we serve - and their families - are the heroes here." Of course, even heroes need their guardian angels to bravely lead the way. organizatio.naJspotlight BUILDING EXCEPTIONAL PLAYGROUNDS... Exceptional COl11munities By Terry Marks ^ fter losing their son, Shane Alexander, /"\to spinal muscular atrophy in 1007, Catherine Cun:v~ WIlliams and Scott W1lliam.~ had a vision that. they, along with Iheir life-long friend TIJIany Hams, turned into I'PAlity. Had Shane lived, h(~ would have spent hie:; life in a wheelchair. Shane would have been denied onl' of the most ftmdamental rights of childhood: tll<' right to play inde- pendently with friends and family at a neighborhood playground; Shane's In- spiration, a non-profit organization deili- eated to improving the lives of children with disabilities, was (TE".ated to build uni- versally 3Cecssible playgrounds that allow children of all abilities to play alongside one another. Five years have passed since the ineep- tion of this vision, three playgrowuis have been built and over twenty-one more are in liB j (:eptioua!; Parent development But Shane's Inspiration also accomplished something no one planned on; they bUilt communities. Shane's Inspiration's first playgronnd, named after Shane Williams, is local.ed. in Griffith Park, providing two acres of inde- pendent pl"ll, sensory-rich and physically cha.Ilenging equipment and the rare oppor- tunity for disabled and able-bodied chil- dren to experience and accept one another. After Shaml's In.<;piration was fonned in 2000, the organization was innndated with The organization has injtJated 21 other Universally Accessible Playground projects throughout Southern California and beyond. requests from families who wanted acCl.'S- sible play in their communities. This prompted them to work with a fan1ily to design and build the second Universally Accessible PIayground in Los Angeles, "Aidan's Place,'" located in West Los Angeles. The third playgrOlUld, in Corona, CA, wa.<; completed in August of this year and that community just recently celebrat- ed their opening day. The organization has 1nitiated :~o other UoiversaJly Accessible PlaygroWld projects across the COWltry from Sout.hern California to New York City; and has recently taken an international leap to Bombay, India DuriIig this process, the foWldeJs r<'a1ized Il1at boilding a playground was only the fust hurdle; ensuring its usage, particularly by children and families with special needs, was the key to success. The only way to ensure usage and "own- l.'t'Ship'" of the playgrOlmd was to involve ronlimwd OIl pntJP 68 EP MAGAZINE. DECEMBER 2003 67 rrmlilIut.d.from page fi7 community membets on an intimate basis. Reaching out to build community support became essential for every ~ied, under- taken. As a result, Shane's Inspiration ere- ated a community outreach Program to bring their playground professionals in touch with families, community leaders and govenunental partne~. 68 DECEMBER 2003 . EP MAGAZINE Exduding children with dlsabllllitles from play environments at an early age hinders thetr ability to d~lop emotionally. cognltlvely and physically. Guiding tllese stakeholdCIS through the development proceaco of playgroWld plan~ ning are the Shane's In."Ipiration design pro- fessionals. They assL"it in creating and managing a budget, building conununity support, navigating govenunent regula- tions, securing land for the sites, choosing and negotiating with vendors, providing guidance regarding raising firulncial sup- port for each playground and evaluating the suecess of eveEy project. This comprehensive Program Wa."I the seed in building exceptional conununities. Added to this effort was a free bussing! field trip program that brings 2,000 ehil- dren annually to the existing playgrounds. In addition, Shane's Inspiration outreach indudf"-s public speaking engagemp..nts at local schools, regional centers, hospitals and communities; newsletters targeting children and adults with disabilities; a newsletter written by and for children with disabilities, their peers and sihlings; HIld hospital researcll collaborations that iden- tify existing disabilities and their corre- sponding need 'i. Because there have been so few opportu- nities for children with disabilities to inter- act with their able-bodied peers, many chil- dren have spent their lives isolated and stig- matized. Excluding them from play environ- ments at an early age hinders their ability to develop emotionally, cognitively and physi- cally. Studies have proven that integrated play helps childrf!n with dic:;abilities develop fine and gross motor skills, receptive com- munication skills, cerebral functions, physi- cal strength and social skills, including inde- penden(:e and self esteem. Integrated play also gives able-bodied cllildren the opportunity to experience and accept children with disabilities a<i equals. At Shane's Inspiration's Universally Accessible Playgrounds, the sensory-rich equipment is independently playable for children with disabilities while exciting and challenging for able-bodied children. These playgrotUlds delight all children, providing a place where compassion and aL'Ceptance can nourish. The pIaygrounds not only create oppor- tunities for children of all abilities to meet, but opportunities for parents and siblings as well. Those who were hesitant to take their child with a disability to a public play- ground for fp.aT of discrimination now have an opport:uI\iq" to meet other families who have similar life experiences. This community is growing by leaps and b01mds. Friendships are Conning, families are corning to know one another and sib- lings are playing alongside their special needs brothers and sisters for the first time. In addition, every day Shane's Inspiration witnesses new compassion and acceptance as they watch their oomrmmity grow and the chUdren flourish. Shane's Inspiration was recently hon- ored with the first "Heroes for Health Award" by Good Housekf'<'ping Mag- azine and General Electric, followed by an interview with Matt Lauer on '"'The Today Show." Our playgrounds have re- ceived numerous awards, including: "Best Play-ground" from Los Angeles Magazine's "WI Things to Shout About," the LA Parent Award for Outstanding Playgrounds and the Architectural Landscape Design Award from the L.A. Business Council. EP losangd~ '" IIiiIi Pla99reultd The range and quantity of the equipment at SHANE'S INSPIRATION in Griffith Park and AIDAN'S PLACE in West L.A. (built by the same organization) are unparalleled - seesaws, swings, springy things, and contraptions creative enough to tempt parents. Most equipment sprouts from a thick rubberized surface and is handicap accessible. 501 (c)3 Internal Revenue Service Department of the Treasury P. O. Box 2508 Cincinnati, OH 45201 Date: Merch 28, 2001 Person to Contact: Mr. Mason 31-07424 Customer Service Specialist Toll Free Telephone Number: 8:00 am. to ':30 p.m. EST 877-829-5500 Federal Identification Number: 95-4760497 Advance Ruling Period Begins: July 1999 Advance Ruling Period Ends: June 30, 2004 Shanes Inspiration % Catherine Curry-Williams 4804 Laurel Canyon Blvd 542 Valley Vlg, CA 91607-3717 Dear Sir or Madam: This is in response to your telephone inquiry of requesting a copy of your organization's determination letter. This letter will take the place of the copy you requested. Our records indicate that by a determination letter issued in November 1999, your organization was recognized as exempt from federal income tax under section 501 (c)(3) of the Internal Revenue Code. Because your.organization was newly created, we did not at that time make a final determination of its foundation classification under section 509(a) of the Code. However, based on information submitted with the application, we classified your organization as one that is not a private foundation within the meaning of section 509(a) of the Code because it can reasonably expect to be a publicly supported organization described in sections 509(a)(1) and 170(b)(1)(A)(vi). According to this advance ruling, your organization will be treated as a publicly-supported organization and not as a private foundation until the end of the advance ruling period as shown above. Within 90 days from the end of the advance ruling period, your organization must submit to us information needed to determine whether it has met the requirements of the applicable support test during the advance ruling period. This information is currentiy supplied on the Form 8734, Support Schedule for Advance Ruling Period. Grantors and contributors may rely on the determination that your organization is not a private foundation until 90 days after the end of its advance ruling period. If the organization submits the required information within 90 days, grantors and contributors may continue to rely on the advance determination until the Service makes a final determination of your organization's foundation status. The classification discussed in paragraph three (3) was based on the assumption that your organization's operations would continue as stated in its application. If your organization's sources of support, or its character, method of operations, or purposes have changed, please let us know so we can consider the effect of the change on your organization's exempt status and foundation status. . Your organization is required to file Form 990, Return of Organization Exempt from Income Tax, only if its gross receipts each year are normally more than $25,000. If a return is required, it must be filed by the 15th day of the fifth month after the end of the organization's annual accounting period. The law imposes a penalty of $20 a day, up to a maximum of $10,000, when a return is filed late, unless there is reasonable cause for the delay. Our Board of Directors President, Anthony G Peyrot, CPA, Lagoese, Peyrot & Mucci, Inc. Vice President, Hope Bourman, Senior Loan Consultant, Mortgage Financial Planner Treasurer, Lucy Matsumoto, Prudential California Realty Secretary, Laura G. Meyer, Attorney at Law Elizabeth Bachmayer, Physical Therapist, Childrens Hospital L.A. Catherine Curry-Williams, Founder, Shane's Inspiration J. Thomas Fagan, S.V.P.lSr. Bus. Exec., Bank of America Barbara Firestone, Ph.D., President & CEO, The Help Group Tiffany Harris, FounderlExecutive Director, Shane's Inspiration Dan Hulbert, Executive Director, CAPC, Inc. Jeff Kossack, Professional Container Service, Inc. Robyn L. Roth, Esq., Sr. Vice President, Stratus Films Co. Judge David Sotelo, Los Angeles Superior Court Maria Swann, Ph.D., Clinical Psychologist Our Staff Catherine Curry-Williams, Founder Tiffany Harris, Founder, Executive Director Terry Marks, Director of Development Virginia M. Hatley, Landscape Architect, Director of Design Bradley J. Thornton, Director of Project Development Marci Moran, Director of Community Outreach & Special Events Mamie Norris Fisher, Development Associate Shirley Bresnick, Community Outreach Associate Marjorie Stark, Office Administrator -. 'Jr~~ ~ Shane"s I irationT" 4804 Laurel Canyon Blvd., #542 Valley Village, CA 91607 (818) 752-5676 Fax: (818) 506-1232 www.shanesinspiratlon.org Page 1, Item \6 Meeting Date 10/26/04 COUNCIL AGENDA STATEMENT ITEM TITLE: Resolution Approving street closures subj ect to an encroachment permit of portions of Marina Parkway and G Street in accordance with the Relocation Agreement between the City, the Redevelopment Agency, the Port District and ROHR, Inc (Goodrich) dated July 13,1999 Director of General Services / City Engineer ~ S·~ ClL 1j City Manager tf'fI'ì" (4/Sths Vote: Yes_NoX) The Goodrich Aerostructures Group (Goodrich) has requested the City to close portions of Marina Parkway and G Street subject to an encroachment permit in accordance with the Relocation Agreement between the City, the Redevelopment Agency, the Port District and ROHR, Inc (Goodrich) dated July 13, 1999. SUBMITTED BY: REVIEWED BY: BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council adopt the resolution authorizing the street closures of portions of Marina Parkway and G Street. DISCUSSION: An agreement titled "Relocation Agreement by and among City of Chula Vista, Redevelopment Agency ofthe City ofChula Vista, San Diego Unified Port District and ROHR, Inc. operating as BF Goodrich Aerospace Aerostructures Group", dated July 13, 1999 (Agreement) requires the ultimate abandonment or vacation of portions ofG Street and Marina Parkway. The Agreement requires the City to process the abandonment or vacation of the current alignment of Marina Parkway north of the proposed H Street extension and vacate G Street east ofthe new alignment of Marina Parkway (see Exhibit "A"). The City retains discretion to approve or deny the abandonment or vacation when it is brought to the City Council for action. This street abandonment or vacation is to talœ place only after the Port District grants right-of-way or an Irrevocable Offer of Dedication (IOD) for the new alignment of Marina Parkway over Port District property. At this time, the Port is undergoing master planning for the bayftont and is therefore unable to accurately predict where the future realigned Marina Parkway will be located. The Port estimates that it will take another year before planning studies are far enough along to grant the right-of-way or an IOD to the City for the future Marina Parkway. Therefore, in order to work cooperatively with Goodrich and the Port, the City has agreed to process a street closure until the Port provides the right-of-way or IOD for the future Marina Parkway. Goodrich has requested that the same portions of Marina Parkway and G Street that the City has agreed to process a vacation or abandonment for under the Agreement, be closed to public traffic at this time, so that they can talœ advantage of the land for temporary purposes such as parking and storage (see Exhibit "B") subject to an encroachment permit. Their request stems from 10-1 Page 2, Item \ 0 Meeting Date 10/26/04 the fact that the street abandonment or vacation was to been completed by 2003 according to the Agreement. If Council approves the closures of portions of Marina Parkway and G Street, traffic will be diverted onto Sandpiper Way and G Street until the Port District constructs the new realigned Marina Parkway per .the Agreement. This is a lightly used segment of Marina Parkway and 'G Street primarily only being used by Goodrich employees and it's associated businesses. Traffic counts prepared by staff indicate less than five hundred trips per day in either direction. Fencing and new entry gates will be provided at the street closure points with adequate signage of the street closures for motorists. The Engineering Division has reviewed and approved the traffic control and fencing plans submitted by the Port. City Police and Fire Departments have been noticed ofthe street closures. Emergency services and utility companies will still have access to the closed portions of Marina Parkway and G Street through the new entry gates located at the closure points. The Port notified all its tenants about the street closure in the area including the RV Park, the two marinas, restaurants and commercial businesses. Port staff conveyed to the City that none of the tenants indicated any concern over the street closure. Coastal development review does not apply because the proposed temporary roadway closure does not meet the definition of development per Section 19.83.002 of the City's Coastal Development Permit Procedures. 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. Thus, no environmental review is necessary. FISCAL IMP ACT: None to the City. The Port District is funding preparation of all traffic control and signing plans and the installation of all fencing, protective barriers and signage. All staff costs associated with processing of the street closure will be reimbursed from Port District plan review deposits. 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'-, ,ho_ ~m~ I i I "' ~., ;,' ~ ~ .1 n [ '" " ~~i '.;¥i~'f.~_~ :~:-7~ ,,-.- , 10-7 I ., - Ii: ¡ , ¡ , ~ .~."'''':'I;.~ . ~ _ 'i.';::¡ .....,,,( ~ ~ I~> I¡:jE I~~~ ~.u I u « 3" l-x;J ~~II. 15:,::1'-1 I.o;~~ 1!!å~9 I>,:¡u I~o I~e u I~ [0 - I 1: ,u ~ -: : --' =..= ,;:~: II :,;. --. ø;= .- · . · · . ~ ~ . I ! 5 5 1 l. · :J · ~ . ~ , " ~ ~I · ~ j . , " · \ ¡ · z¡" § <- ~. c-- · }. ~ ~. ~ ~ I ! ! · .¡" ,11,1 · ¡ .. !r~!¡i · I ~ i ! I !. ~ , œ ¡ IQ, I·' ¡. ,: ~ 'I .,. ~. ~ ....'iB ......". III"" ~ 2 J ~.' ¡. .;~ , .1 ~-~---,~--'----~~ - ~~,_ ~__ø~_ " I -----¡ >- « >-Os sL5~ ~IW 0..«0.. «00.. ZWO -Cf)Z 0::0« «.....JCf) ~üW Cf) ::J -tF.n .n-J:- " " ~ ~ " · ~ ~ · · . § i " I. " I-----¡ ~ WCf) I f-(/)>- 1~ «W.....J I >oz ~ I , ~üO I 0..« I ." ,., UJ 0: :¡: '" UJ <D 0: "" <D '" ~!i " 0: "" Z o ¡¡; z UJ >- X UJ 10-8 " >- Os «~ f-Wo.. WI« W«z 0::0- f-wO:: Cf)Cf)« c.90~ .....Jw üCf) ::> l)Fr, )·o..::¡r:- , I ~ ~ i~ I " j' - .j ~ i I ! .~.,~" ~ ö ~ ;:::; '.....,"IJ !; < ~ I~)o . I ~ S -: -: I ~: =:= I <..> ~ Z -;--; 153 ¡¡¡¡ . ~='III ~ ~ ~ .: <..; f;;¡ :'a. I t1 ~ g .=_ I>; ....:. I j::> :.:. I æ ã .' " . I ~ ..: I Q . 1: I 1_ ," j i ~ i l. d ) . ~ ~I ! ~ . ¡,I I i l- ·'1" Iii' ·1 ,1'1 . ~ " ä . i II ! ~.~ Ii . I i I ! ~ i' CÞ¡ 10- ¡¡ in .. " ;:;' ; tilt ~,~ ",,, "j '-I'J1J.. ",i;'; "I~ H~ RESOLUTION NO. 2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING STREET CLOSURES SUBJECT TO AN ENCROACHMENT PERMIT OF PORTIONS OF MARINA P ARKW A Y AND G STREET IN ACCORDANCE WITH THE RELOCATION AGREEMENT BETWEEN THE CITY, THE REDEVELOPMENT AGENCY, THE PORT DISTRICT AND ROHR, INC. (GOODRICH) DATED mLY 13,1999. WHEREAS, an agreement titled "Relocation Agreement by and among City ofChula Vista, Redevelopment Agency of the City ofChula Vista, San Diego Unified Port District and ROHR, Inc. operating as BF Goodrich Aerospace Aerostructures Group" dated July 13, 1999 (Agreement) requires the City to process an abandonment or vacation of portions of G Street and Marina Parkway; and WHEREAS, this street abandonment or vacation can only take place after the Port District grants right-of-way or an Irrevocable Offer of Dedication (IOD) for the new alignment of Marina Parkway over Port District property; and WHEREAS, the Port District is currently master planning this area and is unable to provide an IOD or right-of-way for the new alignment of Marina Parkway at this time; and WHEREAS, Goodrich has requested that the same portions of Marina Parkway and G Street that the City is required to process a vacation or abandonment for under the Agreement, be closed to public traffic at this time, so that they can take advantage of the land for temporary purposes such as parking and storage; and WHEREAS, the Engineering Division has reviewed and approved traffic control and fencing plans submitted by the Port and access for emergency vehicles and utility companies will still be maintained through the new Goodrich guarded entry points; and WHEREAS, City Police and Fire Departments have been noticed of the street closures; and WHEREAS, the Port noticed all existing tenants in the area about the street closures including the RV Park, the two marinas, restaurants and commercial businesses; and WHEREAS, Coastal development review does not apply because the proposed temporary roadway closure does not meet the definition of development per Section 19.83.002 of the City's Coastal Development Permit Procedures; and WHEREAS, 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 "Proj ect" as defmed 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 and no environmental review is necessary. 1 10-9 NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City ofChula Vista does hereby approve street closures of portions of Marina Parkway and G Street subject to an encroachment permit being issued by the City to Rohr, Inc. pursuant to City's rules and regulations. Presented by Approved as to form by Jack Griffin Director of General Services 0--- ~ AnTI Moore City Attorney J:\Attorney\RESO\Street\Street Closure - Goodrich 2 10-10 COUNCIL AGENDA STATEMENT Item I ¡ Meeting Date 10/26/04 ITEM TITLE: Resolution authorizing the appropriation of additional funds to the "GIS - Orthophotography/Topography Project (GGI83)" for the provision of procuring the iStreetView imagery and software program. Director of Management and ~ormation Servíce~ Director of General Services (}16-,../1/ Director of Public Works Operationsr CityManager~p~ (4/Sths Vote: X No~ SUBMITTED BY: REVIEWED BY: iStreetView™ is a dynamic, street-level image set that can be integrated with the City's current Geographic Information System (GIS) and will be of significant assistance to a number of programs in multiple City departments. It also provides a web-based viewer that will allow city staff to simulate navigating down our streets, permitting them to stop at any time and pan around. The interface that City staff will use is very intuitive, requiring very little training. During the Fiscal Year 2002-2003 CIP budget process, staff informed Council that the existing orthophotography is several years old and will require the acquisition of 6 inch orthophotography of the City, supplemented with two foot contours (CIP GGI83). The iStreetViewTM is a compliment to the original scope of work and update of the City's Geographical Information System and will be utilized by almost all City Departments. The overall cost, which includes an estimate from @City, Inc. in the amount of $76,650 ($146/linear mile) plus tax. At this time staff is recommending appropriating additional funds in the amount of $30,000 to the existing CIP, "GIS - Orthophotography/Topography Project (GG183)", as necessary to procure the iStreetView imagery and software program that will enhance the City's orthophotography of the City. RECOMMENDATION: That Council authorize the appropriation of additional funds ftom the Transit Capital Fund to the "GIS - Orthophotography/Topography Project (GG183)" for the provision of procuring the iStreetView imagery and software program. BOARDS/COMMISSION: N/A DISCUSSION: In an effort to integrate the latest technology available into our systems that would benefit the City and its citizens, staff has been actively seeking programs that can be integrated with other data that the City has stored into GIS. iStreetView™ has that capability. iStreetView consists of a set of 6 images shot simultaneously in different directions (ftont, right-ftont, right-rear, rear, 11-1 Page 2, Item L Meeting Date left-rear, ftont-front) plus a 360-degree panoramic image. These shots are taken from a vehicle every 10 meters as it travels all of our City's streets. However, iStreetViewTM consists of more than a set of images, it also provides a web-based viewer that will allow city staff to simulate navigating down our streets, permitting them to stop at any time and pan around. These images can be made available on our Internet for general public use or for targeted uses such as promoting selected tourist sites. Several Departments within the City have expressed interest and are eager to utilize the program to assist them in proactively managing their projects. They can be of great assistance to our asset management staff in Engineering and Public Works. The City has begun to build an Inftastructure Deficiency database and having these images on- line can save significant time in identifying deficiencies. The iStreetViewTM database will be extremely valuable in providing immediate imagery of the City's surface inftastructure including pavement, curbs, gutters, sidewalks, raised medians, fire hydrants, driveways, striping, signage, traffic signals, bikeways, parking areas, wheelchair ramps, utility boxes and vaults, overhead utility lines, street trees/landscaping, transit stations, and other street furniture. Said imagery will enable staff to immediately analyze and assess infrastructure questions and to promptly respond to citizen requests. '. Our Transit program can benefit greatly ftom iStreetViewTM when planning new transit routes and siting new bus stops. It also allows them the capability to quickly respond to changes in bus routes offering various alternative routes when the need arises. With this imagery and software, City planners will have the capability to see actual street and sidewalk conditions related to environmental impact reviews. They can also use iStreetView images to support zoning reviews. Various stakeholders during public meetings will be able to share a common perspective on the city conditions under discussion. iStreetView™ has proven to be a time and cost saving asset in an annexation project for Hayward, CA. The applications are multiple and will be of great use to the City. Public safety has expressed strong interest in using the imagery for crime analysis and crime prevention. In particular, the Police Department can use the iStreetView™ images to plan crime response tactics based on a review of street conditions. SWAT units can conduct pre-deployment sites reviews for developing field tactical procedures and perimeters. Police planners also can advise patrol officers about site access conditions and vehicle routes. The benefits of the program far outweigh the initial cost of procuring the iStreetViewTM imagery and software. After analysis of the program and its complimentary benefits to the City's Orthophotography system, staff is recommending that Council approve the appropriation of additional funds to procure the iStreetView™ imagery and software. Since this is in addition to the original scope of work described in CIP GG 183, staff will, in the upcoming fiscal year 2005- 2006 budget, request additional funds to complete the original scope of work. There is no significant impact to the progress of the completing the original scope of work since the orthophotographywas acquired much later than originally anticipated. This delay was solely due to the lack of good flying weather until late September 2004. The next phase of the orthophotography is the generation of two-foot contours, which will not be ready to begin until 11-2 Page 3, Item-.iL Meeting Date beginning of fiscal year 2005-2006 at which time staff will request additional funds through the CIP budget process as necessary to complete the project. FISCAL IMPACT: The City has about 525 miles of street to be imaged. As mentioned previously the overall cost includes an estimate ftom @City, Inc. in the amount of $76,650 ($146/linear mile) plus tax. There are available funds in the proj ect for the cost of the original scope of work; however, additional funds will be required to facilitate the expanded scope of work and purchase of the iStreetViewTM program. Staff is recommending appropriating additional funds in the amount of $30,000 ftom the Transit Capital Fund to the existing CIP, "GIS - Orthophotography/Topography Project (GGI83)", as necessary to procure the iStreetView™ imagery and software program that will enhance the City's orthophotographyof the City. There are no additional operating or licensing costs to utilize the software. In the future should the City decide to supplement the imagery provided, there could be additional costs, which would be addressed through the capital improvement budget process. J:\General Services\GS Administration\Council Agenda\GIS Project GGl83\GG183 A113.doc 11-3 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF ADDmONAL FUNDS TO THE GIS-ORTHOPHOTOGRAPHY/ TOPOGRAPHY PROJECT (00183) FOR THE PROVISION OF PROCURING THE ISTREETVIEW IMAGERY AND SOFTWARE PROGRAM WHEREAS, iStreetViewTM is a dynamic, street-level image set that can be integrated with the City's current Geographic Information System (GIS) and will be of significant assistance to a number of City departments; and WHEREAS, iStreetView™ provides a web-based viewer that allows City staff to simulate navigating down our streets, permitting them to stop at any point and pan around; and WHEREAS, during the Fiscal Year 2002-2003 CIP budget process, staffinformed:Council that the existing orthophotography is outdated and requires the acquisition of a six-inch orthophotography of the City, supplemented by two-foot contours (CIP GGI83); and WHEREAS, the iStreetView™ is a compliment to the original scope of work and an update of the City's GIS and will be utilized by almost all City departments; and WHEREAS, the overall cost to acquire the imagery is $80,000; and WHEREAS, there will be unused funds in the project (GG183) after completion of the original scope of work, but not enough to pay for the entire cost of the iStreetViewTM imagery and software; and WHEREAS, staff recommends appropriating $30,000 fi:om the Transit Capital Fund to the "GIS - OrthophotographylTopography (GG183)" Project to allow procurement of the iStreetView™ product. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby appropriate $30,0000 ftom the Transit Capital Fund to the "GIS - OrthophotographylTopography Project (GGI83)" project to allow procurement of the iStreetView™ imagery and software program. Presented by Approved as to form by DOl.- 7. H-o.-- Jack Griffin Director of General Services Ann Moore City Attorney J:/attorney/reso/appropriation funds - Istreetview imagery 11-4 CITY OF CHULA VISTA MA VOR/COUNCIL Metno To: Lorraine Bennett, Deputy City Oerk From: Anne L Harrison, Constituent Services Manager Date: 10/19/2004 Re: Appointment to the Housing Advisory Commission Mayor Stephen Padilla would like to recommend the following community member to fill a vacancy on the Housing Advisory Commission, which fills the requirement to have a representative of a non-profit housing development organization: Ms. Dim Chavez (South Bay Community Services) Please pJace this on the October 26, 2004 Council agenda for ratification. If you have any questions, please contact me at x5812. Thank you for your assistance. /1 . ~ ~¡. VI~ Anne L Harrison Constituent Services Manager \ cD /l"tt /ð4-- ~s. C1o.ve..~ oI~ ~~ c.u¡lVezy.!.-\'"\ Qv\. 6 c v, b/c/cs. ~ 1 13A - ¡