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Home My WebLink AboutAgenda Packet 2004/12/14 CITY COUNCIL AGENDA December 14, 2004 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~~ ~ --- --- --- - ~~~~ CllY OF CHULA VISfA City Council Patty Davis John McCann Jerry R. Rindone Steve Castaneda 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 ********** AGENDA December 14, 2004 6:00 P.M. CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCarm, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY · INTRODUCTION BY LAURIE MADIGAN, DIRECTOR OF COMMUNITY DEVELOPMENT, OF THE EMPLOYEE OF THE MONTH, LINDA WELCH, SENIOR SECRETARY · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DAVID LOPEZ, EQUIPMENT OPERATOR IN THE PUBLIC WORKS OPERATIONS DEPARTMENT, RECOGNIZING HIM FOR HIS HEROIC EFFORTS AT THE SCENE OF A PEDESTRIANNEHICLE ACCIDENT ON NOVEMBER 18, 2004 · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO DENNIS BURLASON, SENIOR HV AC TECHNICIAN IN THE GENERAL SERVICES DEPARTMENT, RECOGNIZING HIM FOR HIS EFFORTS IN ACCOMPLISHING SUBSTANTIAL COST SAVINGS FOR THE CITY· · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO UNITED STATES ARMY STAFF SERGEANT FRANCISCO PINEDO, RECOGNIZING HIM AS A RECIPIENT OF TWO PURPLE HEARTS FOR HIS COMBAT SERVICE IN IRAQ THIS YEAR CONSENT CALENDAR (Items 1 through 26) 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 October 26, 2004 Staff recommendation: Council approve the minutes. 2. WRITTEN COMMUNICATIONS A. Letter from Councilmember Castaneda resigning from the Planning Commission and Mobilehome Rent Review Commission. Staff recommendation: Council accept the resignation and direct the City Clerk to post the vacancies in accordance with Maddy Act requirements. Page 1 - Council Agenda December 14, 2004 B. Memorandum from Councilmember McCarm requesting an excused absence from the Meeting of November 23, 2004. Staff recommendation: Council excuse the absence. C. PETITION SIGNED BY RESIDENTS OF SILVERCREST RESIDENCE AT 636 THIRD AVENUE REQUESTING RESTORATION OF PARKING SPACES This is a petition request from the residents of Silvercrest Residence at 635 Third Avenue to reinstate three on-street parking spaces along Third Avenue. Staff recommendation: That the request be denied due to public safety and medical emergency response needs. 3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REPEALING ORDINANCE NO. 2884, RELATING TO THE PUMPED SEWER DEVELOPMENT IMPACT FEE (SECOND READING) Adoption of the ordinance repeals ordinance no. 2884. Since the Salt Creek Trunk Sewer has been constructed, and there is no longer any need to pump flows out of the Salt Creek basin, staff recommends that the Pumped Sewer Development Impact Fee be repealed. This ordinance was introduced on November 23, 2004. (Director of General Services, City Engineer) Staff recommendation: Council adopt the ordinance. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.05.0101 OF THE CHULA VISTA MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF DIRECTOR OF BUDGET AND ANALYSIS (SECOND READING) Since the Assistant City Manager (Administrative Services) position was combined with the Director of Budget and Analysis position in March 2003, the duties associated with both positions have changed and expanded. Given these increases in responsibilities it is recommended that the positions of Assistant City Manager and Director of Budget and Analysis be separated. This ordinance was introduced on November 23,2004. (Assistant City Manager Fruchter) Staff recommendation: Council adopt the ordinance. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2005 The Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document armually. Adoption of the resolution fulfills this requirement. (Director of Human Resources) Staff recommendation: Council adopt the resolution. Page 2 - Council Agenda December 14, 2004 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING OPEN SPACE DISTRICT 20 FUNDS AND AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE REFUNDS (4/5THS VOTE REQUIRED) Sixty condominium properties (Eucalyptus Ridge), adjacent to Open Space District 20 (Rancho del Rey), were erroneously charged special assessments between Fiscal Years 2001/2002 and 2003/2004. Adoption of this resolution appropriates $15,322 from the available balance of the Open Space District 20 Fund and authorizes staff to refund these assessments to the original payers. (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 TO AMEND LEGAL DESCRIPTIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT In August 2002, McMillin Otay Ranch, LLC recorded an "A" map for Village Six, along with certain agreements, including McMillin's ownership within Village Seven as a remainder lot. In order for McMillin to deliver the Village Seven high school no. 13 site, which is a portion of the remainder lot, to the Sweetwater Union High School District, the lot must be free and clear of all encumbrances imposed by the Village Six "A" Map. Adoption of the resolution approves an agreement to amend the legal descriptions of certain recorded agreements that run with the land owned by McMillin. The proposed agreement makes those existing agreements consistent with the Village Six boundaries. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 8 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF CERTAIN TERRITORY TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA B THERETO B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE DESIGNATION OF TERRITORY WITHIN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), AND DECLARING ITS INTENTION TO CONSIDER MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FINANCED BY SUCH COMMUNITIES FACILITIES DISTRICTS, THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA B THEREOF, AND THE AUTHORIZED BONDED INDEBTEDNESS FOR SUCH IMPROVEMENT AREA C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), ADOPTING AN ANNEXATION MAP SHOWING PROPERTY PROPOSED TO BE ANNEXED TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA B THERETO Page 3 - Council Agenda December 14, 2004 Adoption of the resolutions initiates proceedings to change and modify the Rate and Method of Apportionment (RMA) for Improvement B, amend the Special Tax Report, move certain territory from Improvement Area A to Improvement Area B, armex certain territory into Improvement Area B for CFD No. 2001-1 and adopt an armexation map. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING THE NEW CLASSIFICATION OF SIGNAL SYSTEMS ENGINEER I AND II IN THE CVEA BARGAINING UNIT, ELIMINATING THE EXISTING CLASSIFICATION SIGNAL SYSTEMS ENGINEER FROM THE CVEA BARGAINING UNIT; AND DELETING TWO ENGINEERING TECHNICIAN II POSITIONS AND ONE SUVEY TECHNICIAN II POSITION, ADDING ONE TRAFFIC DEVICES TECHNICIAN, ONE SIGNAL SYSTEMS ENGINEER I, AND ONE ADMINISTRATIVE ANALYST II, AND AMENDING THE FISCAL YEAR 2005 GENERAL SERVICES DEPARTMENT BUDGET THERFOR (4/5THS VOTE REQUIRED) In January of 2004 the Engineering Department underwent a major reorganization and was absorbed into the General Services Department. Several staffing changes were adopted at that time; however, the majority of the modified positions were managerial or administrative in nature. Staff has since studied the operations of the department, identifying potential areas for, improved resource allotment. Adoption of this resolution will realign existing staff to better meet the needs of the department. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INC. TO INCORPORATE ADDITIONAL DESIGN SERVICES AS REQUIRED TO DESIGN AND CONSTRUCT UPGRADES AND REPLACEMENTS TO THE NATURE CENTER INTERIOR EXHIBITS (NATURE CENTER GALLERIA REMODEL) The Council previously approved an agreement with Rudolph and Sletten, Inc. for the provision of services necessary to design and construct upgrades and replacements to the Nature Center Interior Exhibits (Nature Center Galleria Remodel) capital improvement project, GG175. Through the process of the design development phase, it became apparent that there was a need for specialized design services. Adoption of the resolution approves an amendment to the agreement to include the additional design services necessary to complete the project. (Director of General Services) Staff recommendation: Council adopt the resolution. 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $450,000 FROM THE GENERAL FUND, BASED ON THE SETTLEMENT FUNDS TO THE "SOUTH CHULA VISTA LIBRARY IN THE CITY OF CHULA VISTA, CALIFORNIA" CAPITAL IMPROVEMENT PROJECT (LB-125) AS NECESSARY, TO AMEND THE CONSTRUCTION DEFICIENCIES OF THE SOUTH CHULA VISTA LIBRARY (4/5THS VOTE REQUIRED) Page 4 - Council Agenda December 14, 2004 On November 2, 1993 the City Council approved a contract with Douglas E. Barnhart, Inc. for the construction of the South Chula Vista Library. The facility was dedicated and opened to the public in 1994. Shortly thereafter, several building/construction issues arose that fell under the obligation of the contractor to correct. After a number of investigations and studies to determine the cause of inconsistencies in the building's structure, the City and Douglas E. Barnhart, Inc. reached a settlement to correct the deficiencies. (Director of General Services) Staff recommendation: Council adopt the resolution. 12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SETTING JANUARY 25, 2005 AT 6:00 P.M. AS THE DATE AND TIME OF A PUBLIC HEARING ON ASSESSMENT DISTRICT 2002-1 (QUINTARD STREET) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST AND FINANCING PERIOD APPLIED TO DEFERRALS FOR ASSESSMENT DISTRICT 2002-1 On July 22, 2003, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"), Council awarded a contract in the amount of $206,291.50 to Star Paving, Inc. of San Diego for the construction of sidewalk improvements on Quintard Street between Third Avenue and Orange Avenue. Adoption of the resolution accepts filing of the Engineer's Report on the cost of construction and sets the public hearing on the assessments. (Director of General Services) Staff recommendation: Council adopt the resolutions. 13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR RESTROOM RENOVATION AT MULTIPLE LOCATIONS IN THE CITY OF CHULA VISTA (pROJECT CIP PR-214) TO PRECISE CONSTRUCTION MANAGEMENT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT . On November 10, 2004, the Director of General Services received sealed bids for this project. The work consists of the demolition of existing restrooms at Los Niños Park and Rohr Park, and construction of new restrooms including labor, material, equipment and transportation necessary to complete the project. (Director of General Services) Staff recommendation: Council adopt the resolution. 14. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $223,498 TO D3 EQUIPMENT INC., FOR THE REPLACEMENT OF THREE TRACTOR LOADER BACKHOES THROUGH A COOPERATNE PURCHASE WITH THE CITY OF SAN DIEGO Page 5 - Council Agenda December 14,2004 The City of Chula Vista is participating in a current City of San Diego bid from D3 Equipment, Inc. for the purchase of three tractor loader backhoes. The City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. There are no vendors in the City of Chula Vista that normally furnish this type of heavy equipment. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECLASSIFYING A VACANT ASSISTANT ENGINEER POSITION IN THE PUBLIC WORKS OPERATIONS DEPARTMENT/STORM WATER MANAGEMENT SECTION TO AN ENVIRONMENTAL HEALTH SPECIALIST, ESTABLISHING THE NEW CLASSIFICATION OF ENVIRONMENTAL HEALTH SPECIALIST TO BE REPRESENTED BY THE CHULA VISTA EMPLOYEES ASSOCIATION, AND SETTING THE SALARY FOR SAID NEW CLASSIFICATION As a result of a staff transfer and promotion, the Assistant Engineer position in the Storm Water Management Section has been vacant since February 2004. The NPDES permitting process has been increasingly oriented toward an emphasis on the sources and impacts of toxic chemicals, bacteria, and other pollutants in urban runoff and receiving waters and their impacts on aquatic organisms. Analysis of such topics requires knowledge of water science and analytical methods. Staff recommends that the vacant position be reclassified as an Environmental Health Specialist. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENTS AND ADDITIONAL ONE-YEAR EXTENSIONS OF THE AGREEMENTS BETWEEN (A) THE CITY OF CHULA VISTA AND MACTEC (PREVIOUSLY LAW CRANDALL, A DNISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC.) AND (B) THE CITY OF CHULA VISTA AND TESTING ENGINEERS-SAN DIEGO, INC. FOR PROVIDING CONSULTING SERVICES FOR MATERIALS TESTING, GEOTECHNICAL, AND STORM WATER MONITORING REQUIRED FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM PROJECTS DURING THEIR DESIGN AND CONSTRUCTION PHASES, AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS AND EXTENSIONS TO SAID AGREEMENTS ON BEHALF OF THE CITY On April 23, 2002 Council approved agreements with Law Crandall and Testing Engineers-San Diego, Inc. for services from April 1, 2002 to December 31, 2003. Subsequently, Council approved the first amendment of one-year extension with both companies. Staff would like to exercise the option to extend the agreements for an additional one-year term. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. Page 6 - Council Agenda December 14, 2004 17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TO VILLA FORD IN THE AMOUNT OF $521,755 FOR THE REPLACEMENT OF FIFTEEN POLICE PURSUIT SEDANS AND THREE FULL SIZE SEDANS, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO COOPERATIVE BID A3044-00A; AND WAIVING THE FORMAL BID PROCESS AND ACCEPTING AN OFFER TO EXTEND TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID Q2865/00, FOR SIX INTERMEDIATE SEDANS The Fiscal Year 2004/2005 Central Garage Budget provides for the replacement of twenty-four vehicles in the Police Department. The Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing, and to accept an offer to extend terms and pricing of a recently expired bid. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND AWARDING A PURCHASING AGREEMENT TO GBA MASTER SERIES, INC., IN THE AMOUNT OF $138,675 FOR THE PURCHASE AND INSTALLATION OF A NEW WORK MANAGEMENT SYSTEM FOR THE PUBLIC WORKS OPERATIONS DEPARTMENT, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT Adoption of the resolution awards a purchasing agreement to GBA Master Series, Inc, for the purchase and installation of a new work management system. The vendor who supplied, implemented, and maintained the current Work Management System, Stantec Consulting, Inc. will no longer be providing support services for any of their management software effective January 1, 2005. Staff recommendation: Council adopt the resolution. 19. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD WASTE TIRE TRACK AND OTHER RECREATIONAL SURFACING PROGRAM, FOR RUBBERIZED FLOORING FOR A NEW FITNESS ACTIVITY AREA AT NORMAN PARK CENTER, AND AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING $26,878.09 BASED ON UNANTICIPATED DONATION REVENUE (4/5THS VOTE REQUIRED) The California Integrated Waste Management Board (CIWMB) offers a Waste Tire Track and Other Recreational Surfacing Grant to promote markets for recycled-content products derived from waste tires generated in California and $800,000 has been allocated for this competitive grant program for Fiscal Year 2004/2005. The Recreation and General Services Departments recommend that the City apply for grant funding ftom this program for $7,535.14 to provide shock-absorbing rubberized floor tiles for a fitness area being proposed at Norman Park Center. (Director of Recreation) Staff recommendation: Council adopt the resolution. Page 7 - Council Agenda December 14, 2004 20. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RESEARCH NETWORK, LTD., FOR THE PREPARATION OF A PARKS AND RECREATION NEEDS ASSESSMENT UPDATE; AMENDING THE FISCAL YEAR 2005 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $102,840 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE; AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) The City is in the process of updating its General Plan and creating an Urban Core Specific Plan. The preparation and anticipated adoption of these two policy documents will result in an expanded vision for development within the City. The City's existing Parks and Recreation Master Plan will need to be updated to reflect policy updates and population projections envisioned. In order to update the Parks and Recreation Master Plan, the City must first prepare an updated Parks and Recreation Needs Assessment. (Director of Recreation) Staff recommendation: Council adopt the resolution. 21 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $4,041 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER-SCHOOL PROGRAM HOURS, AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $10,797 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE YMCA OF SAN DIEGO COUNTY FOR THE PROVISION OF BEFORE AND AFTER- SCHOOL PROGRAM HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,763 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED) D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT OF $1,750 FROM THE POLICE ACTIVITIES LEAGUE (PAL) FOR THE PROVISION OF YOUTH SPORTS IN THE MIDDLE SCHOOL AFTER-SCHOOL PROGRAM, AND AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $1,750 BASED ON UNANTICIPATED REVENUE (4/5THS VOTE REQUIRED) Page 8 - Council Agenda December 14,2004 E. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,100 BASED ON UNANTICIPATED DONATION REVENUE FROM ELITE RACING FOR THE MIDDLE SCHOOL AFTER-SCHOOL PROGRAM (4/5THS VOTE REQUIRED) The Recreation Department and the Sweetwater Union High School District (District) jointly fund the Middle School after-school program (Club Teen Connection or Club TC). The program is additionally funded from Critical Hours grants and Safe Neighborhood, Safe School grants received by the individual schools. (Director of Recreation) Staff recommendation: Council adopt the resolutions. 22. REPORT REGARDING THE DEVELOPMENT IMPACT FEE, PARK ACQUISITION AND DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE UNEXPENDED FUNDS IN THE PARK ACQUISITION AND DEVELOPMENT FEE FUND ARE STILL NEEDED TO PROVIDE FOR CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED State law requires local agencies assessing Development Impact Fees (DIF) and sewer capacity charges to make available specified financial data to the public each fiscal year. This report satisfies that requirement and provides the public with information on Parkland Acquisition and Development fees. (DireGtor of Finance) Staff recommendation: Council accept the report and adopt the resolution. 23. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT BID PROCESS, AND APPROVING A THREE- PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BURKETT & WONG ENGINEERS (CONSULTANT), AND SUDBERRY PROPERTIES, INC. (APPLICANT), FOR THE PREPARATION OF AN AMENDMENT TO THE EASTLAKE VILLAGE CENTER NORTH SUPPLEMENTAL PUBLIC FACILITIES FINANCING PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Adoption of the resolution approves a three-party agreement between the City of Chula Vista, Burkett & Wong Engineers and Sudberry Properties, Inc. for professional consulting services related to the preparation of an amendment to the EastLake Village Center North Supplemental Public Facilities Financing Plan (SPFFP). The SPFFP is being prepared to address the changes in infrastructure requirements and fiscal impact as a result changing the land use designation for a 13-acre parcel at the southeast corner of EastLake Parkway and the future alignment of the SR-125 toll-road. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. Page 9 - Council Agenda December 14,2004 24 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESTRICTIVE COVENANT AGREEMENT BETWEEN THE BORST FAMILY TRUST, FASK LAND INC., AND THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $188,000 FROM THE BORST FAMILY TRUST AND FASK LAND INC. TO BE USED IN FURTHERANCE OF THE OTAY V ALLEY REGIONAL PARK The Borst Family Trust and Fask Inc., have committed to setting aside approximately 70- acres of open space they own within the Otay River Valley, south and east of the plarmed Auto Park East proj ect for purposes of the Otay Valley Regional Park. Adoption of the resolution approves a restrictive covenant agreement between the Borst Family Trust, Fask Land Inc., and the City of Chula Vista; and acceptance of a donation of $188,000 for Otay Valley Regional Park activities. (Director of Planning and Building) Staff recommendation: Council adopt the resolutions. 25. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ECONOMIC AND PLANNING SYSTEMS, INC. FOR CONSULTING SERVICES, WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAID AMENDMENT On May 21, 2004, the City entered into an agreement with Economic and Planning Systems, Inc. The agreement provided for a review and assessment of the current Growth Management Program, suggestions for improvement, drafting of a new Growth Management Element as part of the General Plan Update, and assisting in the preparation of a revised Growth Management ordinance. Approval of the amendment allows the consultant to assist in finalizing the Growth Management ordinance and redrafting the Growth Management Program Document. (Director of PI arming and Building) Staff recommendation: Council adopt the resolution. 26. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 BUDGET BY TRANSFERRING THE EMERGENCY MANAGEMENT FUNCTION AND ASSOCIATED PERSONNEL AND BUDGET FROM THE FIRE DEPARTMENT TO THE MANAGEMENT AND INFORMATION SERVICES DEPARTMENT (4/5THS VOTE REQUIRED) In order to more effectively manage disaster preparedness citywide, effectively coordinate the Emergency Operation Center (EOC), manage the EOC staff and meet the guidelines of the Fire Department's recently-completed strategic plan, it is recommended that responsibility for the City's emergency operations be transferred from the Fire Department to the Management and Information Services Department. (Director of Management and Information ServicesIFire Chief) S~aff recommendation: Council adopt the resolution. Page 10 - Council Agenda December 14, 2004 ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 27. CONSIDERATION OF ADOPTION OF AN ORDINANCE TO ALLOCATE ADEQUATE STORAGE SPACE FOR THE SEPARATION AND TEMPORARY STORAGE OF RECYCLABLES AND SOLID WASTE IN DEVELOPMENT PROJECTS Chapter 18 of the Califomia Public Resources Code requires jurisdictions adopt a space allocation ordinance to ensure adequate space for the temporary storage, separation and collection of solid waste and recyc1ables at all facilities within the jurisdiction. (Director of Conservation and Environmental Services) Staff recommendation: Council continue the public hearing to January 18, 2005. 28. CONSIDERATION OF THE PROPOSED ASSESSMENT OF CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND, AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL FOR COLLECTION The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. (Director of Finance) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER-OCCUPIED PARCELS OF LAND, AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL Page 11 - Council Agenda December 14, 2004 29. CONSIDERATION OF APPROVAL OF THE VACATION OF THE PEDESTRIAN EASEMENT LOCATED WITHIN 624 MARIPOSA CIRCLE (APN: 639-682-31-00) The City of Chula Vista is considering vacating a six-foot wide pedestrian easement located within 624 Mariposa Circle. The easement does not provide access to a public street as originally intended, but dead-ends at the adjacent private property located at 505 East Naples Street. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, Council adopted a Resolution of Intention setting the public hearing to consider the vacation of the easement. In order to vacate, the Council must adopt a resolution ordering the vacation of the easement. (Director of General Services, City Engineer) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF THE PEDESTRIAN EASEMENT LOCATED WITHIN 624 MARIPOSA CIRCLE (APN: 639-682-31-00) 30. CONSIDERATION OF I) AN AMENDMENT TO THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN UPDATING THE PUBLIC FACILITIES FINANCE PLAN AND AIR QUALITY IMPROVEMENT PLAN (PCM 04-15A); 2) A TENTATIVE SUBDIVISION MAP ON 86.9 ACRES OF THE OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN (PCS 05-02); AND 3) A CONDITIONAL USE PERMIT FOR A MULTIPLEX MOVIE THEATER IN THE OT A Y RANCH FREEWAY COMMERCIAL SPA PLAN (PCC 05-013) On September 14, 2004 the Council approved amendments to the Freeway Commercial SPA Plan proposed by General Growth Properties. General Growth Properties has now applied to update the associated Public Facilities Finance Plan and Air Quality Improvement Plan. General Growth also submitted the new Tentative Subdivision Map consisting of seven lots for freeway-oriented commercial uses on 86.9 acres of the Freeway Commercial SPA Plan. In addition, they have applied for a Conditional Use Permit for a multiplex movie theater for up to 16 screens in an approximately 70,000 square-foot building on Lot 6 of the proposed tentative map. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN, UPDATING THE PLAN PUBLIC FACILITIES FINANCE PLAN, AND AIR QUALITY IMPROVEMENT PLAN Page 12 - Council Agenda December 14,2004 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR 86.9 ACRES OF THE OTA Y RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA PLAN-CHULA VISTA TRACT 05-02 C. RESOLUTION OF CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT FOR A MULTIPLEX MOVIE THEATER LOCATED IN THE OTAY RANCH FREEWAY COMMERCIAL SPA PLAN 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. 31. CONSIDERATION OF ADOPTION OF THE 2005 LEGISLATIVE PROGRAM The Legislative Program represents the Council's positions on items likely to be acted upon by the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the beginning of each two-year legislative session, and amending it at mid-term, Chula Vista is able to take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities. (Office of the Mayor and Council) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2005 LEGISLATIVE PROGRAM 32. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO AN AGREEMENT WITH STRATUS, A DIVISION OF THE JCM GROUP, FOR HIGHER EDUCATION PLANNING AND CONSULTING SERVICES, FOR THE CITY'S HIGHER EDUCATION STRATEGY In November 2003, the Council/Staff University Working Group finalized the process of interviewing qualified candidates to assist with the strategic planning process. As a result of this competitive process, the City Council/Staff University Working Group selected the team of consultants lead by STRATUS. Adoption of the resolution approves an amendment to the agreement with STRATUS. (Director of Community Development) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND STRATUS, A DIVISION OF THE JCM GROUP, FOR CONSULTING SERVICES RELATED TO THE DEVELOPMENT OF A HIGHER EDUCATION RECRUITMENT STRATEGY (4/5THS VOTE REQUIRED) Page 13 - Council Agenda December 14,2004 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 33. CITY MANAGER'S REPORTS 34. MAYOR'S REPORTS Appointment of Deputy Mayor. 35. COUNCIL COMMENTS ADJOURNMENT to the Regular Meeting of January 11, 2005, at 6:00 p.m. in the Council Chambers (The Meetings of December 21,2004, December 28,2004, and January 4, 2005 have been cancelled). Page 14 - Council Agenda December 14, 2004 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA October 26, 2004 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 1 0 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Davis, McCarm, Rindone, Salas, and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . OATH OF OFFICE - Virginia Martinez, Board of Library Trustees City Clerk Bigelow administered the oath to Virginia Martinez, and Deputy Mayor Salas presented her with a certificate of appointment. CONSENT CALENDAR (Items I through 8) Deputy Mayor Salas stated that she would abstain from voting on Item 4 due to the proximity of her residence to the subject area. 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 NO. 2982, 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 (SECOND READING) Page 1 - Council Minutes / October 26, 2004 CONSENT CALENDAR (Continued) 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. 4. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING SECTIONS 10.52.480, 10.56.040 AND 10.56.290 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 oflocations 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. 5 A. 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 PARKWAY (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 Chula Vista Municipal Code. (Director of General Services, City Engineer) Staff recommendation: Council place the ordinances on first reading. 6. RESOLUTION NO. 2004-340, 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 Page 2 - Council Minutes October 26, 2004 CONSENT CALENDAR (Continued) Rolling Hills Ranch Neighborhood 12 is comprised of 96 residential estate lots, 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 NO. 2004-341, 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 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 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 NO. 2004-342, 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 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. ACTION: Mayor Padilla moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 5-0, except for Item 4, which carried 4-0-1, with Deputy Mayor Salas abstaining due to theproximity of her residence to the subject area. Page 3 - Council Minutes October 26, 2004 ORAL COMMUNICATIONS Steve Palma, representing south Chula Vista businesses, spoke regarding a recent community beautification meeting and thanked City Manager Rowlands, Assistant City Manager Krempl, Councilmember McCann, and Assistant Director of Building & Housing Remp for their assistance in saving five businesses located on Main Street from eviction due to code enforcement issues. Councilmember McCarm thanked Mr. Palma for bringing the matter to the attention of the Council and staff and for facilitating the meeting between all involved parties. Kevin O'Neill expressed concerns regarding the plarming process for the proposed Españada project, stating that he favored the project in concept only. He reported that the Resource Conservation Commission denied the proposed project, while the Planning Commission expressed concern regarding the draft environmental impact report. The project has now been forwarded to the Design Review Committee with incomplete information, yet the developer has objected to a continuance by the committee. Mr. O'Neill said he was nervous about the future of the project, which he believed had no direction, and about a developer seemingly uninterested in working with staff or the community. PUBLIC HEARINGS 9. CONSIDERATION OF THE GROWTH MANAGEMENT OVERSIGHT COMMISSION'S (GMOC) 2003/2004 SCHOOLS ELEMENT OF ITS ANNUAL REPORT On June 23, 2004 the GMOC presented its 2003 armual 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) 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. Plarming and Building Director Sandoval reported that the GMOC, together with local school districts, presented recommendations that were approved by the Planning Commission. He then introduced GMOC Commissioner Bill Tripp and Chair Gary Nordstrom, who gave brief presentations regarding the schools element ofthe armual GMOC report. Commissioner Tripp reported that the review resulted in three recommendations regarding financing schools in western Chula Vista, construction of elementary schools, and construction of high school 13. Chair Nordstrom stated that the school districts' completed long range plans indicate a positive and bright future for all parties involved. With no members of the public wishing to address the Council, Mayor Padilla closed the public hearing. Page 4 - Council Minutes October 26, 2004 . PUBLIC HEARING (Continued) Deputy Mayor Salas acknowledged the positive partnership between the City and the school district in ensuring that high school 13 remains on track. ACTION: Deputy Mayor Salas then offered Resolution No. 2004-343, heading read, text waived: RESOLUTION NO. 2004-343, 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 RECOMMENDATIONS/PROPOSED IMPLEMENTING ACTIONS SUMMARY" The motion carried 5-0. Councilmember McCann thanked the members of the GMOC for their work and the good strides that have been made to improve communication between the City and school districs. He also thanked Planning and Building Director Sandoval and staff for seeking creative ways to keep high school 13 on track. Councilmember Rindone asked about grade levels for the schools. Director Sandoval responded that he believed the grades would be added in phases, with the first two grades opened first. ACTION ITEMS 10. CONSIDERATION OF APPROVAL OF STREET CLOSURES OF PORTIONS OF MARINA P ARKW AY 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) ACTION: Councilmember Davis offered Resolution No. 2004-344, heading read, text waived: RESOLUTION NO. 2004-344, 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 The motion carried 5-0. Page 5 - Council Minutes October 26, 2004 ACTION ITEMS (Continued) 11. CONSIDERATION OF APPROVAL OF APPROPRIATIONS NECESSARY TO PROCURE ISTREETVIEW IMAGERY AND SOFTWARE PROGRAM iStreetView™ 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 (GIS) and would be utilized by almost all departments. The overall cost to acquire the imagery is $76,650 plus tax. (Director of General Services) Geographic Information Systems Manager McDowell briefly explained the benefits of the iStreetView™ software. He then introduced Won Yi, representing @City, who gave an overview and demonstration of the proposed software. Mayor Padilla questioned how changes in the field would be kept updated in the database. Mr. McDowell replied that staff would perform periodic updates that would require a minimum $5,000 update fee. He added that the data from the proposed software application is fully compatible with the City's current GIS system. Councilmember Davis asked why the City is not looking at more progressive technology, such as satellites, and expressed concern that the imagery would become outdated soon after its implementation. Mr. McDowell responded that satellite does not provide the necessary high quality resolution required by staff. He added that a new, high-resolution, aerial photograph of the City was recently taken, and the proposed software would supplement the aerial imagery. Councilmember Davis asked if the City could perform its own updates utilizing the proposed software. Mr. McDowell stated that it would not be cost-effective for the City, since the imagery requires a sophisticated camera system and set-up. Councihnember Davis asked if the City had considered other imagery programs. Mr. McDowell responded that the Director of Public Works recently attended a conference that showcased various software options, and he recommended the iStreetView software as the first choice. Deputy Mayor Salas viewed the proposed software as a supplement to the City's existing technology. She commented on the amount of staff time expended in the field versus the cost of the proposed software and asked if update costs would be less than the initial costs. Mr. Yi replied that discounts would be offered over a period of time. Mayor Padilla asked how long it would take to implement the database system. Mr. Yi replied that implementation would take approximately one-and-a-halfmonths. Mayor Padilla expressed concern about the ability to maintain a current and accurate database, particularly in terms of public safety access. He asked if a policy would be implemented to require that permit changes would lead to the necessary updates. Director of General Services Griffin replied that the goal would be to reach a critical mass of sufficient updates to acquire a logistical re-photographing of the area. Page 6 - Council Minutes October 26, 2004 ACTION ITEMS (Continued) Councilmember McCarm asked how many other software products were examined. Director Griffin replied that the Public Works Director recently attended the American Public Works Convention in Atlanta, where he looked at a number of different vendors. Councilmember McCarm asked how many companies provide services similar to those of the proposed vendor. Director Griffin suggested, in the absence of the Public Works Director, that staff return to the Council with the information. Councilmember McCarm asked why the City had not obtained a quote for future imaging updates. Mr. McDowell responded that staff had not reached a consensus on how much would need to be updated armually, but staff was aware that @City would be offering discounts on the armual updates. Councilmember McCarm stated that in order for the City to obtain a return on its investment, the proposed software program would need to function in an accurate and up-to-date marmer over an extended period of time. Councilmember Rindone expressed concem about the lack of information regarding the functional advantages of the software, the update packages offered to the City, and the positive impacts specifically on public services in relation to other teclmology advantages. ACTION: Councilmember Davis moved to continue the item to late November 2004, pending receipt of additional information. Deputy Mayor Salas seconded the motion, and it carried 5-0. OTHER BUSINESS 12. CITY MANAGER'S REPORTS City Manager Rowlands· recommended that a joint workshop of the City Council and the Planning Commission be held on November 17, 2004, regarding the Urban Core Specific Plan. Staff was asked to poll the Council regarding the meeting time. 13. MAYOR'S REPORTS A. Ratification of appointment of Din a Chavez to the Housing Advisory Commission ACTION: Mayor Padilla moved to ratify the appointment of Dina Chavez to the Housing Advisory Commission. Councilmember Davis seconded the motion, and it carried 5-0. B. Affordable Housing Policy Mayor Padilla stated that the Mayor's Office recently requested a memorandum from the City Attorney's Office regarding the City's affordable housing policy and whether or not an affordable housing preference could be given to local residents. He stated that there might be the ability to pursue a policy consistent with the law. ACTION: Mayor Padilla moved to direct staff to come back with a draft policy that addresses the preference issue for local residents, as well as for people who work in Chula Vista, as recommended by Councilmember McCarm. Deputy Mayor Salas seconded the motion, and it carried 5-0. Page 7 - Council Minutes October 26,2004 OTHER BUSINESS (Continued) 14. COUNCIL COMMENTS Councilmember Davis r~orted that she would attend the San Diego Board of Supervisors meeting on November 27' to discuss the request by Steele Canyon Golf Course to change its major use permit to allow the pumping of 196,000,000 gallons of ground water armually. She stated that this request would affect Otay Water, since it has provided infrastructure to supply water to the golf course, which could potentially affect water rates. She also expressed concerns about potential impacts on the wildlife refuge and the water run-off into the Sweetwater River and reservoir. She believed that approval of the request by the golf course would be poor public policy. Deputy Mayor Salas commended the City's Public Works staff for their hard work during the cleanup after the rainstorms last week. Councilmember Rindone asked when the Urban Development Committee proposal would be scheduled for Council consideration. Staff responded that the item would be scheduled for the meeting of November 23,2004, or sooner. Councilmember McCarm reported on his recent attendance at the South County economic development summit, said he was amazed at the potential opportunities that exist for the City, and was hopeful that the City would continue to pursue those relationships. He congratulated the City on being a sponsor for the event. Councilmember McCarm also stated that he attended the Veterans Home Fleet Week barbecue, and he thanked the Veterans Home and organizers of Fleet Week. ADJOURNMENT At 7:50 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of November 2, 2004, at 4:00 p.m. in the Council Chambers. G--"l.u.~~t~ Susan Bigelow, MMC, City Clerk Page 8 - Council Minutes October 26, 2004 RECEIVED December 8, 2004 "04 IJEC-9 A 9 :48 CITY OF CHUlA VIS T A CJTY CLERK'S OFFICE Mr. Jim Sandoval City of Chula Vista Director of Planning and Building 276 Fourth Avenue Chula Vista, CA 91910 Dear Mr. Sandoval: Please accept my resignation from the Chula Vista Planning Commission effective immediately. Thank you very much. Sincerely, ~~ Steve Castaneda Cc: Susan Bigelow Chula Vista City Clerk J2/1 - / RECEIVED '04 IJEC -9 A 9 :48 December 8, 2004 CITY OF CHULA VIS ¡ Ä CITY CLERK'S OFFICE Ms. Laurie Madigan City of Chula Vista Director of Community Development 276 Fourth Avenue Chula Vista, CA 91910 Dear Ms. Madigan: Please accept my resignation from the Chula Vista Mobilehome Rent Review Commission effective immediately. Thank you very much. Sincerely, ~~ Steve Castaneda Cc: Susan Bigelow Chula Vista City Clerk ;¿/J- d- December 9, 2004 MEMO TO: Mayor and City Council FROM: Monica Pedraza- . ~¡rj :~4". - ',"''/ ¡', \, ". F ~ "', SUBJECT: REQUEST FOR EXCUSED ABSENCE Councilmember John McCann has requested an excused absence from the regular City Council meeting of November 23, 2004 Council meeting. ThankYou. Cc: City Manager City Attorney City Clerk Tom Oriola rJi3 INFORMATION ITEM ~c- Item No~ - December 8, 2004 TO: VIA: FROM: Honorable Mayor and City Council Dave Rowlands, City Manager~( íjI: Alex Al-Agha, City Engineer ~ Doug Perry, Fire Chief1)A? SUBJECT: Parking on Third A venue at the Silvercrest Residence Recently, the City received a petition from the residents of the Silvercrest Residence at 636 Third Avenue. The petition requested the restoration of on-street parking spaces on Third Avenue that were removed from in front of their building in March 2004. The residents have indicated that they will attend the December 14, 2004 City Council meeting to address the Council on this issue. The following is a history of events relating to the parking at the Silvercrest Residence. In January 2004, an employee of the Silvercrest Residence contacted City Staff concerned about a lack of parking for emergency vehicles at the Residence and asked if anything could be done to provide for such parking in the front of the building allowing for direct emergency access to the front doors. After visiting the site, City Staff agreed that there was a lack of emergency vehicle parking. At the time, there were three time-restricted parking spaces and one loading-zone space in front of Silvercrest. Staff decided to remove two of the three time-restricted parking spaces in order to make room for emergency vehicles. This decision was made knowing that the City Council had already passed a resolution to eliminate all on-street parking along Third Avenue the next time the street was re-surfaced. Council's resolution was passed in an effort to reduce accidents and increase visibility for the numerous driveways along this block of Third Avenue by removing parking and providing a center two-way left turn lane. In the last three years there have been 21 mid-block accidents along Third Avenue between I Street and J Street. This indicates that there is still a need to proceed with the removal of all on-street parking along this portion of Third Avenue. Not long after the two spaces were removed, a fire truck responded to a medical emergency at the Silvercrest Residence. Even with the two removed spaces, the fire truck was unable to park in front of the building. As a result, City crews went back to the site and removed the remaining time restricted parking space. In April 2004, the City received a letter from Congressman Filner, on behalf of a resident at Silvercrest regarding the elimination of the parking spaces. Staff responded to the resident and to Congressman Filner, explaining the reason for removing the parking. Staff has talked to the Fire Department about this issue and they agree that the parking should not be put back on Third A venue. If parking were restored on Third Avenue, this would require emergency vehicles to park in the gated driveway to Silvercrest. This blocks access to the facility for the entire time the emergency crew is on-site and requires the emergency vehicle to back out into traffic on Third A venue in order to leave the facility. It should be noted that prior to the removal of the Third Avenue parking, a Fire Department emergency vehicle, while parked in the driveway of the S ilvercrest Residence on an emergency call, was struck by a resident's vehicle resulting in damage to the emergency vehicle. In 2003, there were 19 emergency calls to the Silvercrest Residence at 636 Third Avenue. So far this year (January I-December 8, 2004), there have been 18 emergency calls. Staff regrets any inconvenience that this removal of parking may cause to the residents of Silvercrest. However, it is staff's belief that the ability for emergency vehicles to park directly in front of the building is a benefit worth the cost. Exhibit A: Silvercrest Petition Exhibit B: Letter to Mr. McLendon, Silvercrest resident Exhibit C: Resolution 2000-028 J:\Engineer\AGENDA\Info item Silvercrest on Third Ave.doc ø?C -/ ~ ~ f.t.. ~ ~<---~ '-- "'- """::I.. "'- CITY OF CHULA VISTA DEPARTMENT OF ENGINEERING May 14,2004 File #: 0100-15-KY-157 Congressman Filner's Case # 146287 Mr. Alonzo McLendon 636 Third Avenue Chula Vista, CA 91910 Dear Mr. McLendon, I recently received a copy of your casework form from Congressman Filner regarding the elimination of parking in front of the Silvercrest Residence on Third Avenue in Chula Vista. I am sorry to hear that your original complaint to the City did not result in a satisfactory response. Hopefully this letter will answer your questions and concerns regarding the issue. City Staff was contacted by Mr. Ortiz, the property manager of the Silvercrest Residence, because he was concerned about a lack of parking for emergency vehicles. Mr. Ortiz asked if there was anything that could be done to provide for such parking in the rront of the building allowing for direct emergency access to the rront doors. After visiting the site, City Staff agreed that there was a lack of emergency vehicle parking. At the time, there were three time-restricted parking spaces and one loading-zone space in front of Silvercrest. Staff decided to remove two of the three time-restricted parking spaces in order to make room for emergency vehicles. This decision was made knowing that the City Council had already passed a resolution to eliminate all on-street parking along Third Avenue the next time the street was to be re-surfaced. Council's resolution was passed in an effort to increase visibility for the numerous driveways along Third Avenue and to provide a center two- way left turn lane in order to reduce the number of accidents. . Not long after the two spaces were removed, a fire truck responded to a medical emergency at the Silvercrest Residence. Even with the two removed spaces, the fire truck was unable to park in front of the building. As a result, City crews went back to the site and removed the remaining time restricted parking space. While the removal of these spaces may have caused a slight inconvenience, it is the City's belief that the ability for emergency vehicles to park directly in front of the building is a benefit worth the cost. I hope that this response will answer all your questions and concerns regarding parking along Third Avenue. If you would like to discuss the matter further, or any other traffic related issue within the City of Chula Vista, please do not hesitate to call me at 619-691-5237. Sincerely, L:::~ ~ James Newton, P.E. Civil Engineer City of Chula Vista Traffic Engineering Section cc: The Honorable Bob Filner, Congressman 51" District, 333 F Street, Chula Vista CA 91910 Dave Rnwlands, Citv Mana¡¡er -Fõr written replíés, respdT'ld to: J:\E.ngineer\TRAFFIC\CORRESPONDENCE\CITIZEN REQUESTS\silvercrestparking.jrn.doc o 276 FOURTH AVENUE 1 CHULA VISTA. CALIFORNIA 9191 0-26311 (619) 691-5021 01800 MAXWELL ROAD 1 CHULA VISTA, CALlFORNIA91911-61581 (619) 691-5021 @ Post-Consumer Recycled Paper c?C-5 tf ~l ,,~a.~ ... ~ ..,;;' ....... The Salvation ~E.\\jt.D Ch ula Vista Silverer est Residence ') ."lY...,. .. 636 Third Avenue, Chula Vista, Cali mia 91910. (935) 427-4991 IN HOPES OF PERSUAf)ING~~O~]ftHULA VISTA TO RESTORE THE "VERY NEEb1S"D" P ARK.mG SPACES \VHICH \VERB ELllvllNA TEn IN FRONT OF OUR BUILDING SEVERAL MONTHS AGO, \i\TE THE RESIDENTS HERE AT SIL VERCREST RESIDENCE AT 636 TIIIRD AVENUE, ~ I' Y. CIf- . SUB1v11T THIS PETITION TO THE CITY COUNCIL FOR IMJ\1EDIATE RESTOR1\.TION OF THE MUCHN"EEDED REMOVED SPACES. THIS PETITION WAS SIGNED BY 69 RESIDENTS OF SIL VERCREST RESIDENCES ~G-0 BOB FILNER 51~T DISTRICT, CALIFORNIA TRANSPORTATION AND INFRASTRUCTURE COMMITTEE 2428 RAYBURN HOUSE OFFICE BUIl.DING WASHINGTON, DC 20515 TEL: (202) 225-8045 FAX: (202) 225-9073 SUBCOMMITTEES COAST GUARD AND MARmME TRANSPOR.TATION RANKING MEMBER RAn.Ro~ 333 F STREET, SUITE A CHULA VISTA, CALIFOR.NIA 91910 TEL; (619) 422-5963 FAX: (619) 422-7290 CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES A VIA TION VETERANS' AFFAIRS COMMITTEE SUBCOMMITTEE VETERANS' HEALTH 1101 AIRpORT ROAD, SUITE D IMPERIAL, CALIFORNIA 92251 TEL: (760) 355-8800 PAX: (760) 355-8802 website: www.house.govIfIlner April 19, 2004 David D. Rowlands, Jr. City Manager City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 Dear David: I recently received the enclosed documents from my constituent, Alonzo McLendon, regarding the elimination of a Senior Citizen parking space at the Silvercrest Residence on 636 3rd Avenue in Chula Vista. Mr. McLendon claims he tried to contact the City of Chula Vista in regard to this parking space, but was not given a response. I would appreciate your looking into this matter and providing me with a report. Please refer to case #146287 in your correspondence. If you have any questions, please contact me or Deirdre Smith of my staff at (619) 422-5963. I look forward to your response. Sincerely, Æo6 F~ r- BOB FILNER Member of Congress BF/dcs 2151230 Enclosure O?C -7 "CALIFORNIA'S BORDER CONGRESSMAN" Printed on Recycled Paper BOB FILNER 51sT DISTRICT, CALIFORNIA @ /4&J 2Ft / c..~1') oc¡..92 TRANSPORTATION AND INFRASTRUcruRE COMMITI'EE 333 F STREET, SUITE A CHul.A VISTA, CALIPORNIA 91910 ~(619)422-5963 FAX: (619) 422-7290 CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES SUBCOM!oII1TIES COAST Gu.-.JU:> ANI)~'1'RANsPoRTATION IWOONGM>MBER """"0,"", AV>AT>ON 2428 RAYBURN HOUSB ÜFFIæ Bun..DD'm W ASHrNGTON. DC 20515 TEL: (202) 225-8045 FAX: (202) 225-9073 VE'IERANS' AFFAIRS COMMTITEE So S1JlCOMMl'ITIœ VE'I'ERANS'HEALTH 1101 AIRPoRT ROAD, SUITE D lMPER1AL, CAuFoRNlA 92251 TEL: (760) 355-8800 FAX: (160) 355-8802 CASEWORK FORM API( I J website:www.bouse.govlfiJncr .. 200~ NAME/¡tltJ£tJ ¡J/ck~ ~ J SSN AIOW~~ (If appli~ :MILITARY BRANCH: DATES OF SERVICE: (If applicable) A# DATE OF BIRTH: (If applinble) ADDRESS: ?36 J~ /1(/'£ CITY:~j(/Ù vi% ZIP: Qf9'/ó TELEPHO~'E: (H) G/fj)c¡)7-'f!ttj (W) SUBJECT, ,o/l/l/ríJ; 7fJ/fcc> (dë7Yl;"M'k"N) / . If you do not live in the 51 sf Congressional District, please state why you are requesting assistance from this office: / 017 ~frecl. L2lrkr¡7j) \ ' ,~mG~ /(SIGNATURE) on y¡Í3ft¡Y (DATE)- .- give Congressman Filner and his staff the authority to look into this matter on my behalf. (OVER) o?C -1/ "CALIFORNIA'S BORDER CONGRESSMAN'" Printed on R~cycled Paper ·. . i ;.,', Please explain the problem for w~ich you IJ.eed çongressman FiIner's help: , ¡. : - : -, . .,~.. . '. J .'_ : , ,,- , _ 'f l ".- - _ r. ",' '.L '5é'#1 tJ R- ê/07-i!- /Û. /01/2 1:(0)". ~~ ~ c e: - , ~ £.-L E7yJ 111/'/7-- r;..: J /f r .~. L v t:.t1- e.æ-ç 5 r ?£'0 c/è,V'c..é/ ~ 3 6 '3/U( //(/£r C/,(C/iA- 0>0 {Ã,1/tJ/eJ ·-"--.7/'/1 0"H-L ¿Oh?P!.h7n../'/ ?f///Z / ,10 C /! L /I i/ 7!Jtl /2;' /(../ - /Vtl .. ßr:j'u;L 15. . / G c/ E /1/ /2 u /U h- I'J-ð J /LJ cI ~------_._- ---~ - -------------------- --".,.,..---..,....---_._-......,....--,--_._-_._--~- ~c. ? RESOLUTION NO. 2000-028 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING AN AREA OF "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS" ON THIRD AVENUE BETWEEN I STREET AND J STREET FOR THE PURPOSE OF INSTALLING A TWO-WAY LEFT TURN LANE TO IMPROVE PUBLIC SAFETY, IN ACCORDANCE WITH SECTION 10.52.270 OFTIffi CHULA VIST AMUNICIP AL CODE, THEREBY AMENDING SCHEDULE III, AS MAINT AINED BY THE CITY ENGINEER IN A REGISTER WHICH LISTS THE STREETS OR PORTIONS THEREOF UPON WHICH THESE PROHIBITIONS ARE IN EFFECT WHEREAS, on May 12, 1998, staff received a written request from Jill Eichmann, 678 Third Avenue, Suite 101, implying that parking along both sides of Third Avenue between I Street and J Street needed to be removed and asking that a two-way left-turn lane be installed along that segment of the roadway and stating it was unsafe to merge into traffic on Third Avenue rrom driveways along Third Avenue because of parked vehicles along both sides of the street; and WHEREAS, staff recommends that the Council approve the resolution amending Schedule ill to prolribit parking between I Street and J Street in order to install a two-way left turn lane; and WHEREAS, the Safety Commission at its meeting of October 14, 1999, voted to adopt stafl's recommendation and recommend to the City Council to remove all on-street parking from the 600 block of Third Avenue between I Street and J Street and to install a two-way left turn lane. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City ofChula Vista does hereby establish an area of "Parking Prohibited at all Times on Certain Streets" on Third· Avenue between I Street and J Street for the purpose ofinstalling a two-way left turn lane to improve public safety, in accordance with Section 10.52.270 of the Chula Vista Municipal Code, thereby amending Schedule HI, as maintained by the City Engineer in a register which lists the streets or portions thereofupon which these prohibitions are in effect. Presented by Approved as to form by f Jo P. Lippitt Pu lic Works Director ~.c -/(J Resolution 2000-028 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of January, 2000, by the following vote: AYES: Councilmembers: Davis, Moot, Padilla, Salas, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: ,¿f¿û~rdtVf Shirley Ho n, Mayor ;;: -.II ~ (1 I ~?, I ^ Susan Bigelow, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing Resolution No. 2000-028 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day ofJanuary, 2000. Executed this 25th day of January, 2000, -~Uð..J. ~J...~ Susan Bigelow, City Clerk c1 C -// ~U¿.. :---:-: ~~~~ - --- -:;.,..- - - CIlY OF CHUlA VISTA DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION May 21, 2002 File #: 0100-15-KY-157 0735-10-STL-277 Chula Vista Resident TRAFFIC AND PARKING CHANGE - THIRD AVENUE BETWEEN "I" & "J" STREETS This letter is to inform you that in response to requests from numerous businesses located on the 600 block of Third Avenue, most recently received on May 18,1998 and dating back to 1987, expressing concerns about on street parJsing in the area adjacent to the frontage of your property along Third Avenue, this parking will be removed. The concerns relate to the visibility issues raised by parked vehicles adjacent to driveways, as well as an expressed desire to place a two-way turn lane on this block of Third Avenue. This block of Third Avenue is the only block this street, south of"H" Street not to have a two-way turn lane. Staff studied this request and the City Engineer has determined that in the interest of minimizing traffic hazards and traffic congestion, and for the promotion of public safety, the parking on both sides of Third Avenue from "I" Street to "J" Street shall be removed and a two-way turn lane be installed. Staff proposed this change to the Safety Commission on October 14, 1999 and the Commission recommended to the City Council to implement this traffic change. The City Council, on January 25,2000 passed resolutions establishing the area as "Parking Prohibited At All Times", and authorizing the City Engineer to add a striping project to an existing Capital Improvement Project and appropriated the money to pay for these traffic safety improvements. The proposed Capital Improvement Project that will resurface the roadway will be put in effect soon which will allow for the creation of the new striping plan. The purpose of this letter is to allow a reasonable amount of time for the residents to make other arrangements for parking once this plan is implemented. The project is tentatively scheduled for completion in August 2002. If you have any «~_ thi, mf~,tioo, p1,~, 00',,"' o~ om" ,'691-5026 SENIOR CIVIL ENGINEER/TRAFFIC MLCM:drnw cc: Cliff Swanson, Deputy Director of Public Works/City Engineer ...{ ¿ -/..l.... , (I:\HOME\ENGINEER\TRAFFlaTHIRDA VEI-J.DMW) 276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-2631/ (619) 691-5021 Of(\\O~ ~\) ¡>-'\) ~G~ ~'t.¡>-\)'\ ORDINANCE OF THE CITY COUNCIL oc<7'fI~ CITY OF CHULA VISTA REPEALING ORDINANcÈ"'i884 RELATING TO THE PUMPED SEWER DEVELOPMENT IMP ACT FEE. ORDINANCE NO. WHEREAS, the City's General Plan requires adequate, safe sewerage facilities to be available to accommodate the increase flow created by new development; and, WHEREAS, the City Council determined that potential delays in the construction of the Salt Creek Sewer interceptor would adversely impact the City's ability to accommodate said increased flows; and, WHEREAS, the City Council allowed the temporary diversion of pumped flows from the Salt Creek Basin to the Telegraph Canyon Basin and later to the Poggi Basin: and, WHEREAS, Ordinance 2884 established a Development Impact Fee which recognized the importance of enhanced facilities within the gravity sewer basins of Poggi and Telegraph Canyon and levied a fee on new development within the Salt Creek Basin to pay for enhanced facilities within the gravity basins; and, WHEREAS, the Salt Creek sewer interceptor is complete and collecting the fees from the Pumped Sewer Development Impact Fee is no longer needed to protect the public's health, safety and welfare or to assume effective implementation of the City's General Plan. NOW, THEREFORE, the City Council ofthe City of Chula Vista does ordain as follows: SECTION 1. Ordinance 2884, is hereby repealed in its entirety SECTION 2. This ordinance shall take effect and be in full force 30 days after its adoption Presented by Approved as to form by Jack Griffin Director of General Services <Ùh f /liu-- æMoore City Attorney g-/ ORDINANCE NO. r::rJ~ç, ~()~ ~()~~ AN ORDrnANCE OF THE CITY OF CHULA VISTA ~G CHAPTER2.0S.0100F THE CHULA VISTA :ALCODE RELATING TO THE ESTABLISHMENT OF SIFIED POSITIONS TO ADD THE POSITION OF DIRECTOR OF BUDGET AND ANALYSIS WHEREAS, the Assistant City Manager position was combined with the Director of Budget and Analysis position in March 2003; and WHEREAS, the duties associated with both positions have changed and expanded, it is recommended that the positions of Assistant City Manager and Director of Budget and Analysis be separated; and WHEREAS, the Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a. four-fifths vote of the CounciL NOW THEREFORE, the City Council of the City Of Chula Vista does ordain as folloWs: SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established: In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled deputy city manager, administrative services manager, deputy fire chief, assistant fire chief, assistant chief of police, assistant director of finance, assistant director of budget and analysis, fiscal operations manager, funds development strategic plamúng manager, purchasing agent, treasury manager, assistant director of human resources, director of employee development, risk manager, assistant director of public works and operations, assistant director of building and housing, deputy building official, building services manager, building and park construction manager, parks and open space manager, assistant director of recreation, housing coordinator, real property manager, transit coordinator, assistant director of community development, community relations manager, Western Chula Vista development manager, traffic engineer, deputy director of engineering, assistant library director, chieflearning officer, director of communications, police captain, director of conservation and environmental services, deputy director of planning, assistant director ofplamúng, special plamúng projects manager, general plan project manager, chief of staff, constituent services manager, community liaison (assigned to the Office of the Mayor and City Council), human resources operations manager, director of budget and '-1-/ analvsis. California border alliance group deputy executive director, California alliance group budget manager, California border alliance group methamphetamine strike force coordinator, California border alliance group network administrator, California border alliance group operations/intelligence coordinator, California border alliance program manager, Califoriùa b:'prc;\1'l: alliance group program analyst, California border alliance group management assi'štåD.t;·and California border alliance group network assistant. SECTION II: This ordinance shall take effect and be in full force and effect upon the second reading and adoption. Subrnitted by: Approved as to form by: ~~~\\~~""\\ Ann Moore ' City Attorney J:I Attomey/OrdinancelDir OBA Ordinance 'f--- ;}- COUNCIL AGENDA STATEMENT ITEM 5 MEETING DATE 12/7/04 ITEM TITLE: RESOLUTION Adopting the City of Chula Vista Cafeteria Benefits Plan for 2005 SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES (rç2-- REVIEWED BY: CITY MANAGER ell" ï' (4/5th Vote: Yes_ No~) irQ The I nternal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document, and that the employer adopt the plan document annually. This resolution will fulfill this requirement. RECOMMENDATION: That Council adopt the resolution. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: In June 1998, Council authorized updates to the City's flexible benefit plan in compliance with Internal Revenue Service (IRS) guidelines. The document presented here contains the health, dental, 'Iife and flexible spending account options for Plan Year 2005. The medical and dental packages have been reviewed by all of the City's recognized employee groups. FISCAL IMPACT: None with this action. Attachment: A - City of Chula Vista Cafeteria Benefits Plan 2005 5-1 City of Chula Vista CAFETERIA BENEFITS PLAN YEAR 2005 5-2 Page 1 of 13 City of Chula Vista Cafeteria Benefits Plan This is a Cafeteria Plan of benefits for City of Chula Vista employees and is intended to qualify under Section 125 of the Internal Revenue Code. ELIGIBILITY FOR PARTICIPATION This Plan is for the exclusive benefit of employees of the City of Chula Vista. Eligible employees are defined as individuals who are: 1. Directly employed by the City of Chula Vista, and 2. Working in a part-time or full time benefited status. Hourly employees are not eligible for this plan except for School Site Coordinators under the STRETCH Program. Coveraqe under Familv and Medical Leave Act Employees who are on approved leave, with or without pay, under the provisions of the Family Medical Leave Act (FMLA), are entitled to full access to their flexible benefit plan during their absence. If an employee fails to return to work after such leave for any reason other than the serious illness of the employee or the family member for whom the leave was granted or through no fault of the employee, they will be required to pay all flexible benefit plan monies paid to them, or on their behalf during the absence. Coveraqe While on Leave of Absence with Benefits Employees who are authorized to take leave with benefits (e.g., Military Leave as approved by the City Council and disability leave pursuant to memoranda of understanding provisions) will continue to be covered under the flexible benefit plan until expiration of leave. Employees who are on an approved unpaid leave of absence for their own disability or illness, beyond the 12 weeks allowed under the FMLA will continue to have their health insurance and their basic life insurance premiums paid by their Flexible Benefit Plan. Coveraqe While on Leave of Absence without Benefits The Çity of Chula Vista does not pay for an employee's benefits if the employee is in an unpaid status for any reason than those indicated above. The employee may choose to continue their health, and certain optional benefits coverage at their own cost thr.ough the COBRA continuation plan until they return to work or for the designated length of time as determined by the City of Chula Vista. If the premiums are not paid, the coverage will be canceled the first day of the month following the employee's last paid time. Coverage will be reinstated immediately upon the employee's return to work, or the first of the month after their return if premiums were not paid during the employee's absence. 5-3 Page 2 of 13 . PLAN YEAR The Plan Year is from January 1 to December 31 of each year. ELECTIONS Election of benefits must occur during the open enrollment period prior to the start of each Plan Year or, in the case of a newly hired employee, within 30 days from eligibility date. Enrollment Forms Elections must be made in writing on forms/workbooks provided by the Human Resources Department/Risk Management Division. An authorization form must be signed by employees to allow for necessary deductions from their paychecks to provide the benefit coverage selected. In addition to the benefit election form (if applicable), the employee must also complete and sign all appropriate applications and enrollment forms for the specific benefits selected. Default Enrollment Miscellaneous Employees If an employee fails to complete the election of benefits prior to the start of the Plan Year, that employee will automatically be enrolled in their previous year's Health Insurance Plan (including any dependent health offset). If not available, Risk Management will enroll the employee in a comparable plan. The remainder of the annual allotment will be placed in the taxable Cash Payment option. In the case of a new hire or newly eligible employee, failure to turn in the completed forms within 30 days from eligibility date will result in automatic enrollment in the least costly health plan made available by the City and the remaining funds will be placed in the taxable Cash Payment option. Safety Employees If a Police Officers Association (POA) and International Association of Firefighters (IAFF) represented employee does not complete enrollment within the open enrollment period, medical, dental and/or optional life insurance benefits will remain unchanged. If the employee is making any changes to his or her medical and/or dental coverage, or re- electing payroll deduction MyFund Flexible Spending Accounts (FSAs), a Benefits Workbook and Election Form as well as necessary enrollment/change form must be submitted. Effective Date of Coveraoe The elections are effective for the period of January 1 to December 31 of each year. For employees hired after January 1 of a Plan Year, for the remainder of the Plan Year following eligibility date. Benefits are prorated for employees hired after January 1 of each Plan Year. 5-4 Page 3 of 13 Termination of Coveraqe Upon Separation Benefits terminate at the time an employee terminates employment except for health and dental, which terminate on the last day of the month in which the employee terminates his/her employment. An eligible employee who terminates and is rehired within 30 days will be reinstated to his or her prior benefit elections at termination unless another qualifying event has occurred that allows a change. An employee who is reinstated after 30 days may make new elections. Qualified Chanqe in Familv Status Elections are irrevocable except to accommodate changes in family status as defined in the Income Tax Regulations, 26 CFR Part 1, or to accommodate any significant curtailment or reduction of coverage under any given benefit plan, or in the case of any significant premium increase or decrease imposed by a third-party insurer. Participants who experience a change in family status may be allowed to change or revoke elections. Several examples, although not all inclusive, of the types of events that constitute a change in family status are as follows: o The marriage, legal separation or divorce of the employee o The birth or adoption of a child o The death of the employee's spouse or dependent o Court-order with specific requirement to cover dependent o Significant cost change or coverage change o Termination or commencement of employment by employee's spouse o Unpaid leave of absence by the employee or the employee's spouse Changes are also permitted in the event of significant changes in health coverage of the employee or the employee's spouse that are related to the spouse's employment or are subject to the Special Enrollment Period as described in the Health Insurance and Portability and Accountability Act (HIPAA). Changes to benefit elections will be permitted only to the extent that they are consistent with and appropriate to the reason the change is requested. Proof will be required for all changes in family status. The employee must submit the request to change plan benefits within 30 davs of the chanqe in familv status to Risk Management. If the request is made after 30 days, the change must wait until the next open enrollment period. 5-5 Page 4 of 13 CONTRIBUTIONS Employer contributions are a fixed amount provided by the City to each eligible employee on a non-elective basis. Salary reduction agreements are provided for in this Plan for Health Insurance premiums in excess of the employer's contributions. In the event payroll deductions for reimbursement accounts are selected and subsequently stopped due to an eligible family status change, the reactivation of the account will not be permitted until the next plan year if elected during open enrollment. FLEXIBLE ALLOTMENTS FOR MISCELLANEOUS EMPLOYEES Eligible employees are allotted funds based on their bargaining groups. These amounts are prorated for non-full-time benefited employees. The allotments are as follows: EMPLOYEE GROUP AMOUNT Confidential $8,646 CVEA $7,646 Executive $11,546 Middle Managers $9,146 Senior Managers $10,146 WCE $9,146 Mavor $11,546 Council Members $11 ,546 CITY CONTIRIBUTION FOR SAFETY EMPLOYEES (IAFF and POA) The City will pay the full cost of the Kaiser Permanente Plan premium for Safety employees and their dependents. In a non-Kaiser Health Maintenance Organization (HMO) plan, the City will pay the cost of the premium less $600. The employee will pay the $600 premium. If the employee is enrolling in a non-Kaiser Preferred Provider Organization (PPO) plan, the City will pay an amount equal to the City's share of the non-Kaiser HMO premium. The employee through payroll deductions will pay any difference between the City's share of the medical HMO premium and the full PPO premium cost. . For dental coverage, the City will pay an amount equal to the pre-paid dental plan premium. For a PPO dental plan, the Safety employee will pay any difference between the pre-paid dental plan premium and the PPO dental plan premium through payroll deductions. 5-6 Page 5 of 13 In those cases where the employee pays a portion of the premiums for medical and/or dental insurance, they will be deducted from the employee's paycheck on a pre-tax basis. If the City does not meet IRS requirements, or if IRS regulations change for any reason, this benefit may be discontinued. BENEFIT PLANS Each employee must select one health insurance coverage, unless married to another City employee and is covered under the spouse's policy. The Mayor and Councilmembers have the option to waive medical insurance coverage. All employees except those represented by IAFF, POA and WCE, the Mayor and Councilmembers must pay the premium for $3,000 in life insurance coverage, currently $6.00 per year. The options in this plan are as follows: 1. Health Insurance a. Kaiser Permanente Health Plan b. PacifiCare PPO Plan c. PacifiCare (HMO) Low Option d. PacifiCare (HMO) High Option e. Spouse of City employee coverage 2. Dental Insurance a. Delta PMI (HMO) b. Delta DPO (PPO) 3. Life Insurance a. $3,000 * *Note: Does not apply to POA, IAFF, WCE, Mayor or Councilmembers 3. For Miscellaneous Employees, any remaining Flexible Allotment money may be used for: 1. Dependent health insurance 2. Employee and/or dependent group dental insurance 3. Cash Payment (taxable) 4. Dental/MedicalNision reimbursement 5. Dependent/Child Care (daycare) reimbursement 5-7 Page 6 of 13 Each of these benefits is described in more detail in the Summary Highlights of Employee Benefits and in the respective Plan Documents or insurance contracts, which are incorporated here by reference. BASIC LIFE INSURANCE AND ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) The City provides group term life insurance and AD&D at no cost to employees except for $3,000 of the group term insurance premium, which is deducted from the Flexible Allotment. For employees represented by WCE, including Council Members and the Mayor, there will be no basic life premium deducted from the Flex Allotment. POA and IAFF represented employees also do not pay the premium for $3,000 basic life coverage. Basic Life Insurance coverage is based on employee groups as follows: Employee Groups City Provided Coveraae City Council Members $50,ÒOO Mavor $50,000 Confidential $20,000 CVEA $20,000 Executive Manaoement $50,000 IAFF $10,000 Mid-Manaqers $50,000 POA $10,000 Senior Manaoement $50,000 WCE $10,000 In addition to basic life insurance, an employee may elect to purchase additional life insurance at group rates. Premiums are deducted from the employee's paycheck. FLEXIBLE SPENDING ACCOUNTS A Flexible Spending Account (FSA) is a way to pay eligible health and dependent care expenses with tax-free dollars. An eligible employee may set aside money on a pre-tax basis from the Flex Allotment and/or from his/her paycheck to fund FSA accounts as follows: Miscellaneous Employees: · Cafeteria Dental/MedicalNision (D/MN) Spending Account; · Cafeteria Dependent/Child Care Spending Account; · MyFund Dental/MedicalNision (D/MN) Spending Account; and/or · MyFund Dependent/Child Care Spending Accounts Safety Employees: · MyFund Dental/MedicalNision (D/MN) Spending Account; and/or 5-8 Pàge 7 of 13 · MyFund DependenVChild Care Spending Accounts When the employee incurs an eligible expense, the employee may submit a claim form to Human Resources for reimbursement. An eligible employee may elect up to $2,500 for a Payroll Deduction (MyFund) Dental/MedicalNision (D/MN) Spending Account. Single or married (filing a joint return), eligible employees may also set aside up to $5,000, from all sources, per plan year for a Payroll Deduction (MyFund) Dependent /Child Care Reimbursement Account. A married employee filing returns separately may set aside up to $2,500 per plan year. HIPAA PRIVACY POLICY FOR HEALTH FSAACCOUNTS The City's HIPAA Privacy Policy is in compliance with the regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), restricting the City's use and disclosure of protected health information (PHI) obtained from the City's self-administered Cafeteria Dental/MedicalNision (DMV) Care and MyFund Health Flexible Spending Accounts. Scope This policy applies to all plan participant protected information obtained through the City's administration of health care flexible spending accounts (FSAs). Definition The Health Insurance Portability and Accountability Act of 1996 and its implementing regulations restrict the City's ability to use and disclose protected health information. HIPAA is the "Health Insurance Portability and Accountability Act of 1996". This legislation was designed to improve the portability of health coverage, reduce health care costs by standardizing the processing of health care transactions, increase the security and privacy of health care information and to make other changes to the health care delivery system. .This policy is to comply with HIPAA's privacy requirements. Plan as referred to in this policy is the City's Health Care Flexible Spending Accounts (FSA): (1) Cafeteria Dental/MedicalNision (D/MN) and (2) MyFund Payroll Deduction Health FSA. Plan Participant is a benefited employee who is participating in one or both of the City's Health Care FSAs. 5-9 Page 8 of 13 Protected Health Information is information that is created or received by the City and relates to the past, present, or future physical or mental health condition of a participant; the provision of health care to a participant; and that identifies the participant or for which there is a reasonable basis to believe the information can be used to identify the participant. PHI includes information related to persons living or deceased. Procedure Employees submit claims to Human Resources and eligible expenses are reimbursed via the employees' paycheck. Employee Benefits staff of Human Resources, Risk Management have access to the individually identifiable health information of Plan participants to perform administrative functions of the Plan. The City's Responsibilities as Covered Entity I. Privacy Officer and Contact Person The Employee Benefits Manager is designated to act as Privacy Officer for the "Plan". The Privacy Officer is responsible for the development and implementation of policies and procedures relating to privacy. The Privacy Officer will also serve as the contact person for participants who have questions, concerns, or complaints about the privacy of their PHI. II. Workforce Training The City will train Employee Benefits staff on its privacy policies and procedures. The Privacy Officer is charged with developing training schedules and programs so that all Employee Benefits staff receive the training necessary and appropriate to permit them to carry out their functions within the Plan. III. Technical and Physical Safeguards and Firewall The City will establish on behalf of the Plan appropriate technical and physical safeguards to prevent PHI from intentionally or unintentionally being used or disclosed in violation of HIPAA's requirements. Technical safeguards include limited access to information by creating computer firewalls. Physical safeguards include locking doors and filing cabinets. IV. Privacy Notice The Privacy Officer is responsible for developing and maintaining a notice of the Plan's privacy practices. The notice will inform participants that the City will have access to PHI in connection with the Plan's administrative functions. The privacy notice will also provide a description of the City's complaint procedures, the name and telephone number of the contact person for further information. The notice will be mailed to all participants at the beginning of each Plan Year. 5-10 Page 9 of 13 V. Complaints The Privacy Officer is responsible for creating a process for individuals to file complaints about the Plan's privacy procedures. Sanctions for using or disclosing PHI in violation of this Privacy Policy will be imposed in accordance with the City's discipline policy, up to and including termination. No employee may intimidate, threaten, coerce, discriminate against, or retaliate against individuals for exercising their rights, filing a complaint, participating in an investigation, or opposing any improper practice under HIPAA. No individual shall be required to waive his or her privacy rights under HIPAA as condition of receiving FSA reimbursements. VI. Mitigation of Inadvertent Disclosures of Protected Health Information The City shall mitigate, to the extent possible, any harmful effects that become known to it of a use of, or disclosure of an individual's PHI in violation of the policies and procedures set forth in this Policy. If an employee becomes aware of a disclosure of protected health information, either by an employee of the Plan or an outside consultant/contractor, that is not in compliance with this Policy, immediately contacts the Privacy Officer so that the appropriate steps to mitigate the harm to the participant can be taken. VII. Plan Document and Documentation The Plan Document shall include provisions describing the use and disclosure of PHI by the City for plan administrative purposes. The City shall document and maintain authorizations, requests for information, sanctions, and complaints relating to an individual's privacy rights for six (6) years. VIII. Use and Disclosure of PHI The following employees have access to PHI: o Human Resources staff assigned to process Flexible Spending Account reimbursements and maintain FSAs. o Human Resources Director, Risk Manager and Employee Benefits Managerwho have access to PHI on behalf of the City of Chula Vista for its use in "plan administrative functions". These employees may not disclose PH I to other employees unless an authorization is in place. PHI may be disclosed for the Plan's own payment purposes, and PHI may be disclosed to another covered entity for the payment purposes of that covered entity. The amount of PHI disclosure must be reviewed on an individual basis with the Privacy Officer to ensure that the amount of information disclosed is the minimum necessary to accomplish the purpose of the disclosure. Mandatory Disclosures of PHI 5-11 Page 10 of 13 A participant's PHI must be disclosed as required by HIPAA to: o The individual who is the subject of the information o The Secretary of Health and Human Services for purposes of enforcement of HIPAA Permissive Disclosures of PHI PHI may be disclosed in the following situations without a participant's authorization, upon approval of Privacy Officer: o Disclosures about victims of abuse, neglect or domestic violence o Disclosures for judicial and administrative proceedings o Disclosures for law enforcement purposes o Disclosures for public health activities o Disclosures is about decedents o Disclosures to avert a serious threat to health or safety o Disclosures that relate to workers' compensation programs Disclosures of PHI to an Authorized Recipient PHI may be disclosed for any purpose if the participant provides a valid authorization. All uses and disclosures made pursuant to a signed authorization must be consistent with the terms and conditions of the authorization. De-Identified Information The Plan may freely use and disclose de-identified information. De-identified information is health information that does not identify an individual. This information may be used for statistical analysis, research, public policy or health care operations. Individual Riahts HIPAA gives participants the right to access and obtain copies of their protected health information that the plan maintains. HIPAA also provides that participants may request to have their PHI amended. An individual also has the right to obtain an accounting of certain disclosures of his or her own PHI, made in the last six (6) years. The Plan shall respond to an accounting request within sixty (60) days. The first accounting in any 12-month period shall be provided free of charge. The Privacy Officer may impose reasonable production and mailing costs for subsequent accountings. Responsible Partv - Director of Human Resources, Risk Manager, Benefits Manager 5-12 Page 11 of 13 CONSTRUCTION If this Plan contains contradictory provisions or if there appears to be a conflict between its provisions, the following rules apply: a. The interpretation that favors the Plan as a tax-free plan over any interpretation that might render the Plan taxable. b. Subject to paragraph (a), the rules established by the .Supreme Court of California for the construction of like instruments will apply. PLAN PARTICIPATION RIGHTS As a participant in the plan, you are entitled to examine, without charge, at the Plan Administrator's office all plan documents including insurance contracts; obtain copies of all Plan Documents (at a reasonable cost) and other Plan information upon request to the Administrator. PLAN IS NOT AN EMPLOYMENT CONTRACT This plan document is not a contract of employment. Neither the creation of the Plan nor any amendment to it gives any legal or equitable right to any person against the employer. Participation in the Plan does not give any member any right to continued employment. PLAN ADMINISTRATOR The Plan Administrator is the Risk Manager of the Human Resources Department or his/her designees. The address of the Plan Administrator is: 276 Fourth Avenue Chula Vista, CA 91910 Telephone: (619) 691-5096 PLAN AMENDMENT OR TERMINATION The City of Chula Vista reserves the right to amend the Plan from time to time if deemed necessary or appropriate to meet the requirements of the Internal Revenue Code and any similar provision of subsequent revenue or other laws or pursuant to negotiations with the Employee groups; provided that no such modification or amendment shall make it possible for any benefit contributions or payment to be used for, or directed to purposes other than for the exclusive benefit of participating employees and their beneficiaries under the Plan. The City reserves the right to discontinue or terminate the Plan at the end of any Plan Year 5-13 Page 12 of 13 or in accordance with negotiations with the Employee Groups. Any such amendment, discontinuance or termination shall be effective on January 1 of any given year or such date that is agreed upon by the City and Employee Groups. No amendment, discontinuance or termination shall allow the return of funds to the City or the use of any funds for any purpose other than for the exclusive benefit or participating employees and their beneficiaries. . 5-14 Page 13 of 13 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2005 WHEREAS, the Internal Revenue Code requires that employers offering cafeteria plans under Section 125 have a written plan document and that the employer adopt the plan document armually; and WHEREAS, in June of1998, Council authorized updates to the City's flexible benefit plan in compliance with Internal Revenue Service guidelines; and WHEREAS, the document attached for formal adoption is the result of the meet and confer process and the 2005 Plan Document has been updated to reflect the 2005beginning Flex Plan amounts, current health and dental plan options, and other changes to comply with current IRS regulations related to Section 125 Plans (i.e., definition of qualified change in family status and access to Plan while on FMLA). NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista does hereby adopt the City of Chula Vista Cafeteria Benefits Plan for 2005 as set forth in Attachment A. Presented by Approved as to form by ',:\" rr. \i\ \'fD~\) \\ Ann Moore City Attorney Marcia Raskin Director of Human Resources J:lAttomeyIRESO\Cafeteria Plan 2005.doc 5-15 COUNCIL AGENDA STATEMENT Item ¿, Meeting Date 12/14/04 ITEM TITLE: Resolution appropriating Open Space District 20 funds and authorizing the Director of Finance to make refunds SUBMITTED BY: Director of General Services/City Engineer Sp.- Director of Finance REVIEWED BY: CitYManager~9o/ (4/SthsVote: Yes--X No~ Sixty condominium properties (Eucalyptus Ridge) adjacent to Open Space District 20 (Rancho del Rey) were erroneously charged special assessments between Fiscal Years 2001/2002 and 2003/2004. This resolution will appropriate $15,322 from the available balance of the OSD 20 Fund and authorize staff to refund these assessments to the original payers. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSION: Not applicable. DISCUSSION: In 1989, the City established OSD 20 in the Rancho del Rey subdivision. This is a large maintenance district, without uniform areas of benefit. As a result, nine individual zones within the district were established. The zones of benefit include Zone 1 for detention basin maintenance, Zone 2 for Rice Canyon recreational facilities, Zone 3 for East H Street median maintenance and Zone 5 for Rancho del Rey SPA 1 residential open space maintenance. The Eucalyptus Ridge properties are located adjacent to the Rancho del Rey SPA I residential area. However, they are not a part of the project. The original district map for OSD 20 appears to include these properties in the assessment area. Based upon review of the original benefit area maps and updated GIS data, staff modified the district maps to include the Eucalyptus Ridge properties in the district. The property owners were assessed in the Fiscal Year 2001/02 and 2002/03 armuallevies for OSD 20 Zones I and 2. In Fiscal Year 2003/04 the Eucalyptus Ridge properties were also assessed for Zones 3 and 5. In response to questions raised by one of the property owners, staff researched the special assessments levied against these properties. The outcome indicates that the Eucalyptus Ridge properties should not be included in OSD 20. This determination is based upon the following findings: · The Eucalyptus Ridge properties existed prior to the formation of OSD 20 and there is no documentation on file that these properties were notified of the OSD 20 formation process. · The Eucalyptus Ridge properties were not a part of Rancho del Rey SPA's 1,2 and 3 (the benefit area of OSD 20 according to the Engineer's Report) · The Eucalyptus Ridge properties were not assessed for the first year assessment or any year after that until the OSD 20 maps were being updated. 6-1 Page 2, Item_ Meeting Date 12/14/04 Based upon the above, staff believes that the original OSD 20 maps incorrectly identified these properties as within OSD 20. Staff recommends refunds as shown below: Fiscal Year OSD 20 Zones Refund per condo Total RefundT FY 2001/02 Zones 1 & 2 $S.80 $348 FY 2002/03 Zones I & 2 $6.20 $372 FY 2003/04 Zones 1, 2, 3 & S $243.36 $14,601.60 TOTAL $255.36 $15,321.60 The Engineer's Report presented to Council in July 2004 anticipated the refunds in the total funds available. Staff is in the process of identifying all assessments received ftom the Eucalyptus Ridge properties for OSD 20. Upon verification of payments received and identiJication of payer, staff will issue refunds as appropriate. FISCAL IMPACT: There is no impact to the General Fund. Approval of the resolution appropriates $IS,321.60 ftom the available balance of the OSD 20 fund for refunds as shown: OSD 20 Zone Total ADUfopriation Zone I $253.20 Zone 2 $738.00 Zone 3 $202.80 Zone 5 $14,127.60 TOTAL $15,321.60 Attachment I - OSD 20 benefit area map (1989 Engineer's Report) Attachment 2 - Eucalyptus Ridge Assessor Maps Attachment 3 - 1990/91 Levy of assessments (I st year oflevy) Attachment 4 - Rancho Del Rey SPA's I, 2, and 3 areas J:\EngineerIAGENDA\OSD 20 Refunds.doc I Based upon 60 condominiums. 6-2 I I I I I I I I I I I I I I I I - f I ! R" '~CHO DEL REY OPEN S"'~CE' MAINTENANCE DISTRICT NO. 20 ATTACHMENT / , r ~ ZONE 1 DESILTING BASIN. I I I I I I I I I I I I I I I I I I: -I I RANCHO DEL REY OPEN . AINTENANCE DISTRICT SPACE JO. 20 .-. ", .rJ·-~--".-......·"'" ." ZONE 2 RICE CANYON LANDSCAPE MAINTENÞNCE 6-4 .ìANCHO DEL REY OPE SPACE MAINTENANCE DISTRICT NO. 20 I I I I I I I I ZONE 3 EAST "H" STREET I "1ANCHO DEL REY OPE~' SPACE MAINTENANCE DISTRICT NO. 20 I I I I I I I . . .-. I ", rJ '-..~-......- ." ',' t t I I I I I ZONE 4 I SPA !-PHASE I I EMPLOYMENT PARK I I ':\ANCHO DEL REY OP~" SPACE MAINTENANCE DISTRICT NO. 20 I I I I I I I I I I I I I ~L . , (' ~ , ,r:----~. ~ ~ - ,,. '., ...... "-, '. ... ,,- \ .0.....::1 _"'; r:- .) '. .r.I--....--..--....:.... - '.' ZONE 5 SPA I,PHASES 2-6 RESIDENl1Al RAN~HO DEL REY OPEN SPACE MAII'ÍTENANCE DISTRICT Nt..,. 20 --" .-. rJ '----.:- ... .':. ZONE 6 SPA II 6-8 I RANCHO DEL REY OPEN SPACE ,,¡jAINTENANCE DISTRICl NO. 20 I I , f "'- I I I I ~ .-. - " ).-~ ZONE 7 .SPA "' '0 o ~,~r ~ .;-. · é- Q cow.. - cry 0 ~ 1- z Moo ~ '<tI · · "H" , ~ · · . .~ <. .~ .' ¡jl "'",<:1 ¡ia .. . ¡~:~ r~_·:z' ¡ ~~§ I ,.~> I·:~ ... 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" . . . .~ .< ~ i.:~ 8<Clc ~ ...:lc II: !~ 8~~. ~ I ã~:~ :S=8~ <'1<...2 ç, ·;0 ATTACHMENT. 3 COUNCIL AGENDA STATEMENT Item Meeting Date 12(5(89 ITEM TITLE: Resolution a) Establishing Rancho Del Rey Open Space District No. 20 b) Confi rmi ng Report. orderi ng improvements and levying first annual assessment Director of Public Works ~ Director of Parks and Recreatio~~ City Manager (4(5ths Vote: Yes___No~) SUBMITTED BY: REVIEWED BY: On February 2, 1988, the City Council adopted Resolution 13442 approving tentative residential subdivision map for Rancho del Rey. Condition 5 of said resolution states that the developer shall request the fonnation of an open space maintenance district. Attached is a copy of the developer's request to do so. The following resolutions will establish the district. confirm the En9ineer's Report and levy the first annual assessment. RECOMMENDATION: Approve the resolution establishing Rancho del Rey Open Space District No. 20. BOARDS(COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On February 2, 1988, the Ci ty Council approved the tentati ve map for Chul a Vista Tract 88-1 (Rancho del Rey) by Resolution No. 13442. Among the conditions of approval of the tentative map was the requirement that the developer request formation of an open space district to assure maintenance of open space lots within the subdivision. The developer has submitted such a request, indicating the proposed district boundaries. the areas to be maintained and an estimate of the annual cost of maintenance. The boundary of the proposed open space di stri ct is the boundary of the boundary of Rancho Del Rey property including SPA I, II and III. The areas to be maintained by the proposed open space district consist of all open space lots of natural or landscaped open space within Rancho Del Rey SPA I. II. and III. Additional features proposed to be maintained by the open space district include: 1. Maintenance of landscaping and irrigation system improvements in the designated street area of East "H" Street, Otay Lakes Road and Telegraph Canyon Road generallY fronting the Rancho Del Rey Subdivision This is consi stent with pri or Council actions for Terra Nova, EastLake, Sunbow. and Bonita Long Canyon. 6-12 Page 2, Item Meeting Date 12/5/89 2.. Mai ntenance of 1 andscapi ng and i rri gati on system areas associ ated wi th the Rice Canyon Open .5pace area including the access road, drain pipe crossings, desilting basins, stabilization structures, and parking area. 3. Stucco "community theme" wall sand monumentation maintenance and replacement cost will be provided by the District. 4. The maintenance of the open space lot designated for parking area at the east end of Rice Canyon will include but not be limited to landscaping, irrigation system and paving. Because of the wide variation in the nature, location and extent of the improvements, the various areas of the district will receive different degrees of benefit from each of the improvements to be maintained by the district. Therefore, it was necessary to break up the territory into several benefit zones consisting of territories receiving substantially the same degree of benefit from the improvements. The zones are as follows. Zone 1 Benefit Factor This zone includes all land within the Rice Canyon drainage basin. A drainage runoff factor is used for this zone in order to establish benefit to be received by each lot or parcel of land. Zone 2 Benefit Factor This zone is designated as Rice Canyon Recreation Area. It includes Rice Canyon Open Space area including the access road, all the irrigated landscaping and parking area. A recreation factor is used for this zone in order to establish benefit to be received by each lot or parcel of land. The recreation factor is directly related to the people living in Rancho Del Rey Community or working at the business center who use the recreation area during lunch time or after work hours. Zones 3 through 7 Benefit Factor The amount of the estimated assessment on each lot or parcel of land in the District is in proportion to the estimated benefit to be received by each such lot or parcel of 1 and from the use of road network in and around the Rancho Del Rey development. A standard establ i shed withi n San Di ego County is the average daily traffic (ADT) generation factors published by SANDAG. An ADT factor has been assigned to each use type and an estimate of the traffic generated by that land use type is made. Zone 3 is desi gnated for the East "H" Street 1 andscapi ng an d i rri gati on. Zones 4 through 7 are designated for open space areas within specific phases of the development as follows: Zone 4 - SPA I, Phase I (Business Center) Zone 5 - SPA I, Phases 2-6 Zone 6 - SPA II Zone 7 - SPA III 6-13 Page 3, Item Meeti ng Date 12/5/89 To compare the benefit factors for Zone 1, 2, and 3 through 7 across different 1 and use types, drainage runoff coeffi ci ent, reacti on coeffi ci ent, and ADT' s are converted to Equivalent Dwelling Unit (EDU) Benefit Factors with a single family detached unit having a base EDU of 1. The sum of all the benefit units for each of the lots or parcels of land to be assessed in each zone is di vi ded into the total amounts to be generated by assessments to arrive at the amount of each benefit unit. The amount of the benefit unit is then used to establish the benefit charge for a particular lot or parcel of land. The following table outlines the cost by zone for fiscal year 1990-91 and also presents the cost per EOU for each zone. The costs for the areas shown as zero will be included as those areas develop in subsequent years. Maintenance Cost by Zone Zone 1 Desilting Basin $31,000 Zone 2 Ri ce Canyon 32,351 Zone 3 East "Hn St 19,860 Zone 4 SPA I, Phase 1 (Bus. Ctr. ) 84,308 Zone 5 SPA I, Residential Phase 2 114,800 Phase 3 222,930 Phase 4 119,746 Phase 5 0 Ph ase 6 0 Total SPA I, Residential 457,476 Zone 6 SPA II 0 Zone 7 SPA I I 0 Total Maintenance Cost $624,995 Cost per EOU $28.33 6.14 2.95 33.32 $234.06 o o From the above table, a typical single family home in SPA I ...·ill have an annual assessment of $271.48 and the employment park \~ill have an annual assessment of $8,244.43 per acre for Fiscal Year 1990-91. A single family home in SPA lis benefited by zones 1, 2, 3 and 5. The Business Park is benefited by zones 1 through 4. The rate for a typical single family home in SPA I when SPA I is fully developed will increase to approximately $450 per year. This is because the cost for zone 5 are spread over. phases 2 through 6 (SPA I). However, the costs for phases 5 and 6 are $0 at this time because it is not anticipated that wi 11 wi 11 come on board duri ng the next year. Hhen they do come on board, the costs will increase but will be spread over the same number of parcels, therefore, increasing the cost per parcel. A comparable home in EastLake is paying now $498 per year for Homeowner Association and $10 per year for the EastLake r1ai ntenance Di stri ct. Rancho Del Rey Open Space District No. 20 is the first district proposed to be establ i shed under the new City Open Space Ordi nance. The intent of the City Ordinance is to adopt the State of California 1972 Landscaping and Lighting Act in its entirety as part of the City Code with minor modifications of that Act to more specifically meet Chula Vista's needs. Section 22608.1 of Article 6-14 Page 4, Item Meeting Date12/5789- 2, Chapter 2, Landscaping and Lighting Act of 1972 states that if all the owners of property within the territory proposed to be formed into an assessment have given written consent to the proposed formation, the territory may be formed into an assessment district without notice and hearing~or filing of an Engineer's Report, or both. In accordance with said Section 22608.1 of the Landscaping and Lighting Act of 1972, the following resolutions will establish the District and levy the first annual assessment. FISCAL IMPACT: sum of $18,000 of the report. None. Rancho del Rey Partnership deposited with the City a to the City staff time and the consultant for the preparation WPC 4657E 6-15 Cf) Q) ·C CÖ "'0 .c:: ð OJ ct CI) 5 ~ ¡ I~m i~g!;J nil fl :: 51 : : : : :: I . .. .. : . .. .. ~ . 1 "1"1"_:;:_ ! I ! .. .. .. . ~ ~ : I U "',,"'''! -"'.. <II! . .. . . 1-' =.::2;;,:: : a = ::: :! ~ ~ .. .. ~ f J .n~il i J ~H~f~~qLfu , f i J~JáBIB , . .. , ¡ . , - . . ., . .; . . , 6-16 ATTACHMENT .L I . 'III _! '" . I. I ;! it 5Hi i ¡! 'j f.l!i 5 I II if 00: 8 ¡ ~j ~ ~a: ãj g~ (I RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING OPEN SPACE DISTRICT 20 FUNDS AND AUTHORIZING THE DIRECTOR OF FINANCE TO MAKE REFUNDS WHEREAS, in 1989, the City established Open Space District 20 in the Rancho del Rey Subdivision; and WHEREAS, certain properties, more commonly known as the "Eucalyptus Ridge properties," were erroneously assessed Open Space District 20 maintenance fees in Fiscal Years 2002, 2003, and 2004, and WHEREAS, the amount of the erroneous assessments totaled $15,321.60; and WHEREAS, the City plans to refund these assessments to the property owners who paid them, but the funds to cover such a refund where not included in this fiscal year's budget and need to be appropriated from the Open Space District's fund balance. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City Chula Vista hereby appropriates $15,322 from Open Space District 20's fund balance to the District's Fiscal Year 2004/2005 operating budget. BE IT FURTHER RESOLVED, that the Director of Finance is hereby authorized to make refunds, when appropriate, and after the claimants have abided by all state and city laws addressing assessment district refunds. Presented by Approved as to form by ~ t.. fJ- - Jack Griffin Director of General Services Anne Moore City Attorney \home\attomey\resolfinance\osd 20 refunds. doc 6-17 COUNCIL AGENDA STATEMENT Item Meeting Date 7 12/14/04 ITEM TITLE: Resolution Approving an Agreement to Amend Legal Descriptions and authorizing the Mayor to execute said Agreement. SUBMITTED BY: Director of General Services/City Engineer ~ REVIEWED BY: City ManageltÞ(V (4/5ths Vote: Yes_No X) In August 2002, McMillin Otay Ranch, LLC recorded an "A" map for Village Six, along with certain agreements, that included McMillin's ownership within Village Seven as a remainder lot. In order for McMillin to deliver the Village Seven high school #13 site, which is a portion of the remainder lot, to the Sweetwater Union High School District, the lot must be rree and clear of all encumbrances imposed by the Village Six "A" Map. Tonight, Council will consider the approval of an Agreement to Amend the Legal Descriptions ("Agreement") of certain recorded agreements that run with the land owned by McMillin. The proposed Agreement will make those existing agreements consistent with the Village Six boundaries. RECOMMENDATION: That Council adopt the Resolution approving the Agreement to Amend Legal Descriptions and authorizing the Mayor to execute said Agreement. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: Table I below lists the agreements, which will have changes to the legal descriptions that will exclude the remainder Lot 10 of Village Six "A" Map (See Exhibit A). McMillin is currently processing an "A" map for Village Seven that will include applicable separate agreements for the Village Seven project. The original agreements will remain in full force and effect on the Village Six project as intended. Staff has reviewed the proposed agreement and recommends Council approval. The City Attorney has already approved the proposed agreement as to form. Table 1 Item Agreements 1. Su lemental Subdivision Im rovement A eement 2. Desiltation and Maintenance A eement 3. Affordable Housin A eement 4. First Amendment to Affordable Housin eement 5. Subdivision Im rovement A eement 7-1 Page 2, Item 7 Meeting Date 12/14/04 FISCAL IMPACT: None to the General Fund. All cost associated with the agreements will be reimbursed from developer deposits. Exhibit A - Lot 10 of the Village Six "A" Map Exhibit A-I McMillin Otay Ranch Village Seven, Tract OS-07 J,\ENGINEERILANDDEV\PROJECTSIMCMILLIN OTA Y RANCH\VILLAGE 7\A113 AGREEMENT TO AMEND LEGALDESCRlPTIONS.DOC 7-2 Exhibit A CHULA VISTA TR.AÙ~8=;-4 _...-.tJ~ McMILLIN OTAY RANcH ~ SPA / PHASE 3 ? \ MAP NO, 13884 \ PARCEL 5 PlY! /8789 PARCEL -4 LOT3 PCL 2 PM 18789 PARCEL _ PM 1845 I I LaTa LOT· MD' PM /8789 PARCEL 3 PM /8789 PARCEL , PM 1848 I I PARCEL 6 PlY! 18471 \ \ . LOT 10 \ , SCAlE: 1'=800' ~~~ ~~ \ L u f .. RICK S ENGINEERING . ~_ ~ _.___ ... ('~___~~_...n7 C/1YTRACTNO.02-03 McM/t.lIN OTA Y RANCH _. .. ~ .. - _~.. ~_ >__~. -.-_=._-=-m ........ ,I ,==:=.'=;?:-=:::::- 11 Ji {¡ ". :~ i,' ~ ~ 7' - - J ¡r¡¡jW ~ - - 500' O· 500' . GRAPHIC SCALE: 1"-500' .---- {p>"1I 8 ~ ô ~ ~ u 1J ~ 1-------- $4 ~11 I I ,L \ , - ~ - EXHIBIT A-1 VILLAGE OF VISTA VERDE SITE PLAN ---- II P&D CONSULTANTS, INC. . 8154- RIO SAN DIEGO ORt\€, SUi'll:: 1110 SAN DIEGO. CAI.JF"ORNIA !il2101 1U£: (1I1!1) 2111-1475 floX: 291-14711 ". 175221 OCTOBER 7, 2004 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 ~ha e Ann Moore City Attorney Dated: I d.-I '/0'1 , AGREEMENT TO AMEND LEGAL DESCRIPTIONS AND AUTHORIZING MAYOR TO EXECUTE 7-5 Recording Requested By: When Recorded Mail to: McMillin Companies 2727 Hoover Avenue National City, CA 91950 Attn: Frank Zaidle AGREEMENT TO AMEND LEGAL DESCRIPTIONS This Agreement to Amend Legal Descriptions ("Agreement") is entered into as of October _' 2004 by and between McMillin Otay Ranch, LLC, a Delaware limited liability company ("McMillin") and the City of Chula Vista, a chartered municipal corporation of the State of California ("City") with respect to the following facts: A) WHEREAS, McMillin Otay Ranch, LLC, owned real property within, Chula Vista Tract No. 02-03, McMillin Otay Ranch Village Six ("Village Six"); and B) WHEREAS, McMillin Otay Ranch, LLC owns real property located within the City of Chu1a Vista, as described by Chu1a Vista Tract No. 05-07, McMillin Otay Ranch Village Seven (Village Seven); and C) WHEREAS, the City has approved Resolution 2002-347, pursuant to which it has approved the Village Six "A" Map ("A" Map) and recorded as Map No. 14432. D) WHEREAS, Lot 10 of the "A" Map (Lot 10) is also within the boundary of the Village Seven Tentative Map approved by City Council on October 12, 2004 by Resolution 2004-331; and E) WHEREAS, certain documents have been recorded against Lot 10, which set forth the legal descriptions of the parcels affected by those documents, which legal descriptions must be amended to reflect that Lot 10 is not subj ect to the terms of said agreements; and F) WHEREAS, a document entitled Affordable Housing Agreement with McMillin Otay Ranch, LLC, dated June 18,2002, executed by City and McMillin Otay Ranch LLC. was recorded against Lot 10 on August 12, 2002 as File No. 2002-0679120; and G) WHEREAS, a document entitled First Amendment to Affordable Housing Agreement with McMillin Otay Ranch, LLC, dated June 17, 2003, executed by City and McMillin Otay Ranch LLC. was recorded against Lot 10 on June 27, 2003 as File No. 2003-0764534; and 146 H) WHEREAS, a document entitled Desiltation and Maintenance Agreement, executed by McMillin and City was recorded on June 28, 2000 as File No. 2000-0341828; and 1) WHEREAS, a document entitled Subdivision Improvement Agreement, executed by McMillin and City was recorded on August 30,2002 as File No. 2002-0741574; and J) WHEREAS, a document entitled Supplemental Subdivision Improvement Agreement for McMillin Otay Ranch Village Six "A" Map, executed by McMillin and City was recorded on August 30, 2002 as File No. 2002-0741463; and K) WHEREAS, all of the documents referenced in Recitals F and J above are hereinafter referred to as the "Recorded Agreements"; and L) WHEREAS, McMillin and City now desire to amend the legal descriptions of the Recorded Agreements such that the Recorded Agreements currently recorded against the Lot 10 will be removed; NOW, THEREFORE, the parties hereto mutually agree as follows: 1) The legal description referenced in each of the Recorded Agreements is hereby amended to except therefrom the Lot 10. 2) McMillin affirmatively represents that as of the date frrst set forth above, no intervening acts have affected the Recorded Agreements' place in their respective chains of title as to the Property. 3) As to Village Six, this Agreement is intended to amend and restate the Recorded Agreements and assume the same recording priority as the original Recorded Agreements. 4) McMillin hereby agrees to indemnify and hold the City, and each of its officers (including elected officials), employees and agents ("Indemnitees") harmless from and against any and all claims, suits, actions, or other proceedings to which the Indemnitees are exposed ("Proceedings") and from and against any and all losses, expenses, expenditures, costs, judgments, decrees, and orders (including orders for the payment of attorney's fees and costs) to which the Indemnitees are exposed or which the Indemnitees incur ("Losses") relating to, caused by, or resulting from the Indemnitees's preparations, review, approval or implementation of this Agreement ("Indemnitee's Actions"), including, but not limited to: 1) any and all Proceedings to attack, set aside, void or annul any of the decisions and determinations that the Indemnitees make in connection wti th the approval ofthis Agreement; and 2) any and all Proceedings contending that the Indemnitee's Actions are invalid whether such claim is based on alleged violation of an applicable ordinance, statute or constitutional provision. ; or 3) any and all Proceedings asserting any other theory contesting or challenging the lawfulness or legality of the Indemnitee's Actions. 5) All other terms and provisions of the Recorded Agreements shall remain in full force and effect. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGE] H8 IN WITNESS WHEREOF, this Agreement has been executed as of the date set forth above. McMILLIN OTA Y RANCH, LLC A Delaware limited liability company By: McMillin Companies, LLC A Delaware limited liability company ~: ¡:~u~ Its: \¡, 0- :~~ (ATTACH NOTARY ACKNOWLEDGEMENTS) [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGE] 7-9 4 } STATE OF CALIFORNIA }ss. COUNTY OF SAN DIEGO } On 11/16/04 , before me, Dawn B. Mendoza. Notary Public personally appeared Frank Zaidle and Don Mitchell , personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. Signature ¡j¿a.LL!¡,., (ß /"tl4..¡~ r@~~~~~~~âžA1 :;: . COMM.# 1289356 z ~ _ NOTARy PUBLlC-cAUFOANIA ~ ') ~ SAN DIEGO COUNTY ...... ~~~~ WITNESS my hand and official seal. This area fer official notarial seal Title of Document Aqreement to Amend LeQal Descriptions - Otav Ranch Date of Document No. of Pages Other signatures not acknowledged 7-10 IN WITNESS WHEREOF, this Agreement has been executed as of the date set forth above. CITY OF CHULA VISTA By: Stephen C. Padilla, Mayor Attest: Susan Bigelow City Clerk Approved as to form: City Attorney 5 7-11 RESOLUTION NO. xxxx-xxx RESOLUTION APPROVING AN AGREEMENT TO AMEND LEGAL DESCRIPTIONS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City has approved Resolution 2002-347, pursuant to which it has approved the Village Six "A" Map (Village 6 "A" Map) and recorded as Map No. 14432 along with various agreements encumbering all property within Village 6 "A" Map; and WHEREAS, staff is currently processing an "A" map for McMillin Otay Ranch Village Seven (Village 7 "A" Map); and WHEREAS, Lot 10 of the Village 6 "A" Map is also located within the boundary of the Village 7 "A" Map and is subject to the tentative map conditions approved with Chula Vista Tract No. OS-07 by Resolution No. 2004-331; and WHEREAS, certain legal descriptions attached to various agreements need to be revised to delete Lot 10 of the Village 6 "A" Map; and WHEREAS, this resolution will approve an Agreement to Amend the Legal Descriptions ("Agreement") of certain recorded agreements that run with the Village 6 "A" Map. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Agreement with McMillin Otay Ranch, LLC to Amend Legal Descriptions, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula Vista. Presented by Approved as to form by Jack Griffin General Services .oL P/VL~ 7-12 Page 1, Item 9 Meeting Date 12/14/04 COUNCIL AGENDA STATEMENT ITEM TITLE: A) Resolution of the City Council of the City ofChula Vista, California, acting in its capacity as the legislative body of Community Facilities District No. 2001-1 (San Miguel Ranch), declaring its intention to authorize the armexation of certain territory to such Community Facilities District and Improvement Area B thereto B) Resolution of the City Council of the CityofChula Vista, California, modifying the designation of territory within Improvement Area A and Improvement Area B of Community Facilities District No. 2001-1 (San Miguel Ranch) and declaring its intention to consider modifications to the facilities authorized to be financed by such Communities Facilities District, the Rate and Method of Apportionment of Special Taxes authorized to be levied within Improvement Area B thereof and the authorized bonded indebtedness for such Improvement Area C) Resolution of the City Council of the CityofChula Vista, California, acting in its capacity as the legislative body of Community Facilities District No. 2001-1 (San Miguel Ranch), adopting an annexation map showing property proposed to be armexed to such Community Facilities District and Improvement Area B thereto SUBMITTED BY: Director of General Services/City Engineer ~ REVIEWED BY: City ManagerG It. Dr (4/Sths Vote: Yes_No X-) Ii On December 4, 2001, Council approved the Resolution to form Community Facilities District No. 2001-1 (San Miguel Ranch)(CFD No. 2001-1). On July 23, 2002, Council approved the form ofthe bond documents for Improvement Area A and the Acquisition/Financing Agreement (A/F A) for the entire CFD No. 2001-1. Tonight's actions are to initiate proceedings to change and modify the Rate and Method of Apportionment (RMA) for Improvement B, amend the Special Tax Report, move certain territory ftom Improvement Area A to Improvement Area B, armex certain territory into Improvement Area B for CFD No. 2001-1, and adopt an armexation map. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. RECOMMENDATION: That Council approves resolutions. DISCUSSION: Backe:round On December 4,2001, Council approved the Resolution to Form Community Facilities District No. 2001-1 (SanMiguel Ranch) (CFD No. 2001-1). Since that time, the Developer and the CityofChula 8-1 Page 2, Item Meeting Date 12/14/04 Vista have sold $14.4 million in bonds for Improvement Area A facilities. Thé authorized bonded indebtedness for Improvement Area B is $6,000,000. It is now being proposed to be increased to $14,000,000 due to additional facilities being financed. Currently, there is a 14.40-acre commercial area being proposed to be developed at the southeast corner of Mount Miguel Road and Proctor Valley Road. This commercial site is composed ofthree parcels: I) 9.87-acre parcel, 2) 4.07-acre parcel, and 3) .46-acre easement parcel (Old Proctor Valley Road to be abandoned). The 9.87-acre parcel is within CFD No. 2001-1, while the 4.07 and.46 acre parcels are not. City staff has recommended that the entire commercial site be within the CFD No. 2001-1 prior to its development. To facilitate combining the commercial parcels, the finance team is recommending that the 9.87 acre parcel of commercial property within CFD No. 2001-1, Improvement Area A, incur a cessation for this 9.87 acre parcel from Improvement Area A and add this area into Improvement Area B. As noted above the City and the developer are requesting that the 4.07 acre commercial and .46 acre easement parcels which are currently outside of CFD No. 2001-1 be armexed into Improvement Area B. The outcome of these two actions will be that these commercial parcels will be entirely within CFD No. 2001-1, be added into Improvement Area B and have a consistent Special Tax per the amended RMA for Improvement Area B. The current development proposal is to construct 286 Single Family Detached Units in Improvement Area B. These units range in size from 3,100 sq. ft. to 5,000 sq. ft., with a price range from the approximately $720,000 to $1,083,000. Approved by Council on September 25, 2001, the current RMA for Improvement Area B has an Assigned Special Tax Rate for residential property of$475.00 per unit plus $.32 per square foot of residential floor area, which leaves a total tax rate not to exceed 1.62% of the appraised value. The current commercial rate was $2,263 per acre, which was assigned when there was no proposed commercial property in Improvement Area B. The applicant proposes to amend the current RMA (Attachment 1) for Improvement Area B, which will increase the Assigned Special Tax for residential property to $475.00 per unit plus $.82 per square foot, which leaves a total Special Tax Rate not to exceed 1.74% of the appraised value. The commercial rate is proposed to be adjusted up to $4,000 per acre to be in conformance with other City of Chula Vista CFD's. The commercial property will have approximately $612,000 in credit towards its TDIF obligation from existing cash credits and CFD 2001-1 Improvement Area A Bond proceeds. With this credit in place and the Commercial Special Tax of$4,000 per acre, the commercial property will be paying the same proportion of their TD1F obligation as other commercial properties in CFD's, which have a Commercial Special Tax of $6,000 per acre. District Boundaries Attachments 2 and 3 represent the amended district boundaries and armexation map of the proposed commercial parcels to be included within San Miguel Ranch owned by NNP- Trimark and Proctor Valley West Partners, LLC. The proposed armexation commercial property is located in the southeast quadrant, which fronts Proctor Valley Road to the north and Mount Miguel Road to the west. The residential property is in the western half ofthe CFD No. 200 I ~1 and is bounded by the Proposed SR- 125 to the east and extension of Proctor Valley Road to the west and south. 8-2 Page 3, Item Meeting Date 12/14/04 The Improvements The maximum Special Tax revenue (using the proposed revised Special Tax rates noted previously) from all properties within Improvement Area B would support a total bonded indebtedness of approximately $12 million (assuming a 6.5 % interest rate and a 30-yearterm on the bonds). A bond sale amount of$12 million will finance approximately $9.5 million in eligible facilities. The balance of proceeds would be allocated to reserve fund, capitalized interest, district formation consultants, and bond issuance costs. The developer is proposing the fmancing of backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, and utilities), San Miguel Community Park, and Public Development Impact Fee (PFDIF) improvements. Following is a general description of the proposed facilities, but not limited to: Improvement Area B · San Miguel Ranch Road · Proctor Valley Road · Those facilities to be financed from the proceeds of Public Facilities Development Impact Fees payable as a condition of development of property within CFD No. 2001-1 · Those facilities to be financed from the proceeds of the Park Acquisition and Development Fees payable as a condition of development of property within CFD No. 2001-1 · Those facilities to be financed from the proceeds of the Fiscal Deficit Impact Fee. The actual amount to be financed by Improvement Area B within CFD No. 2001-1 would depend upon a number of factors including final interest rate on the bonds and value-to-lien ratio and may be higher or less than the potential bond costs mentioned above. Special Tax Report The Special Tax Report ("Community Facilities District Report for CFD No. 2001-1 for San Miguel Ranch) will be amended to incorporate the proposed changes in the RMA, certain eligible facilities, DIF program elements, and reflect the proposed Special Tax Rate adjustments. The Special Tax Report will be presented during the public hearing proceedings. Maximum Tax Policy Council Policy establishes that the maximum armual CFD special taxes applicable to any newly developed residential property shall be no more than 1 % of the sale price of the house. In addition, the aggregate of all armual taxes and assessments is limited to 2% of the sale price of the house. A preliminary calculation ofthe maximum tax, using estimated house prices, has been completed and all homes fall within the 2% limit (Attachment 4). A final test will be performed at escrow closing using the actual sale price of the house. Council Policy requires that at or prior to each closing of 8-3 Page 4, Item Meeting Date 12/14/04 escrow, the escrow company shall apply a "calculation fo=ula" previously approved by the City Engineer to dete=ine the aggregate of regular County taxes, Mello-Roos taxes, and assessment installments. Ifthe 2% limit were exceeded, the developer would be required to provide cash to buy down the lien to an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate tax to be paid by the purchaser of the house meets the City's criteria, since the 2% limit is a City policy, the limit is not being included in the rate and method of the district. The proposed Special Tax rate with the proposed revisions to the RMA as previously discussed above will not exceed 1.74% of the sale price of the house. Resolutions There are three resolutions on today's agenda that, if adopted, will accomplish the following: A) DECLARE ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA B THERETO and perfo=s the following: · Annexes 4.53 acres of commercial property into CFD No. 2001-1 Improvement AreaB. 2) MODIFY THE DESIGNATION OF TERRITORY WITHIN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF COMMUNITY 2001-1 (SAN MIGUEL RANCH) AND DECLARING ITS INTENTION TO CONSIDER MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FINANCED BY SUCH COMMUNTIY FACILITIES DISTRICT AND, THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA B THEREOF AND THE AUTHORIZED BONDED INDEBTEDNESS FOR SUCH IMPROVEMENT AREA and perfo=s the following: · Consider changes to the Special Tax Rates for Improvement Area B. · Adds PFDIF and PAD facilities as improvements to be fInanced by CFD No. 2001-1. · Modify the territory that is in Improvement Area A and Improvement Area B. · Increase the authorized bonded indebtedness !Tom $6,000,000 to $14,000,000. 3) ADOPTING AN ANNEXTION MAP SHOWING PROPERTY PROPOSED TO BE ANNEXED TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA B THERETO and perfo=s the following: · Adopts an Annexation Map No.1 which illustrates the armexation of a 4.S3 acre parcel into CFD No. 2001-1(San Miguel Ranch). Future Actions Adoptions of tonight's Resolutions will set the Public Hearing Date for January 11, 200S. Therewill be a special election following the Public Hearing for the landowners to vote on the annexation, 8-4 Page 5, Item Meeting Date 12/14/04 cessation and modifications to the RMA. Once the votes are cast, the City Clerk will tally the votes and come back to Council to announce the results. Fiscal Impacts There will be no direct fiscal impact to the City. The developer will pay all formation costs and has deposited money to fund initial consultant costs, and City costs in accordance with the approved Development Reimbursement Agreement. Staff anticipates that most of the CFD No. 2001-1 administration will be contracted out. The CFD Administration Cost is estimated at $7S,000 armually. In accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding capacity to provide the financing mechanism for the construction of the proposed improvements, the developer will pay one percent (1 %) of the total bond authorization. Said requirement will be memorialized in the AcquisitionlFinancing Agreement that will be brought to Council at a later date. Based on a bond sale of $12 million said monetary compensation would be $120,000. Said amount shall be paid prior to bond sale (scheduled for Spring 200S) and will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by CFD No. 2001-1. Attachments: 1. Amended RMA for CFD No. 2001-1 Improvement Area B 2. Amended Boundary Map for CFD No. 2001-1 3. Annexation Map for CFD No. 2001-1 4. 2% Maximum tax analysis J:\engineer\agENDA\CAS 12-7-04.doc 8-5 ATTACHMENT / AMENDED RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 2001-1, IMPROVEMENT AREA B (San Miguel Ranch) A Special Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property within the City of Chula Vista Co=unity Facilities District No. 2001-1 ("CFD No. 2001-1 Improvement Area B") and collected each Fiscal Year co=encing in Fiscal Year 2Ò05-06, in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property," and "Undeveloped Property as described below. All of the real property in Improvement Area B, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: " 'A' Map" shall mean a master fmal subdivision or parcel map, filed in accordance with the Subdivision Map Act and the Chula Vista Municipal Code, which subdivides the land or a portion thereof shown on a tentative map into "super block" lots corresponding to units or phasing of a combination of units as shown on such tentative map and which may further show open space lot dedications, backbone street dedications and utility easements required to serve such "super block" lots. "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps are not available, the Acreage shall be determined by the City Engineer. "Act" means the Mello-Roos Co=unity Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 òfTitle 5 of the Gove=ent Code of the State of California. "Administrative Expenses" means the following actual or reasonably estimated costs directly related to the administration of Improvement AreaB ofCFD No. 2001-1 including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2001-1, or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2001-1, or any designee thereof of complying with disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure City ofChulo VIsta Community Facilities District No. 2001-1, ImprovementArea B San Miguel Ranch 8 - 6 . Revised October 2004 Parze 1 statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2001-1, or any designee thereof related to an appeal of the Special Tax; and the costs associated with the release of funds from an escrow account, if any. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 200 I-I, Improvement Area B for any other administrative purposes of CFD No. 2001-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C.1. a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of the Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments, the Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such Indenture. "Backup Special Tax" means the Special Tax amount set forth in Section C.1.b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD No. 2001-1 for Improvement Area B under the Act. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 2001-1" means City ofChula Vista, Community Facilities District No. 2001-1 (San Miguel Ranch). "City" means the City of Chula Vista. "Commercial Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more non-residential structures, excluding Community Purpose Facility Property. "Community Purpose Facility Property" means all Assessor's Parcels which are (a) classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2002-2883 as amended on November 5, 2002 or (b) designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as a community purpose facility. CUy ofChula Vista Community Facilities District No. 2001-1, ImprovementArea B San Mi¡;uel Ranch ¡¡ 7 Revised November 2004 Pa?;e 2 "Council" means the City Council of the City, acting as the legislative body of CFD No. 2001-1. "County" means the County of San Diego. "Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to March 1 of the prior Fiscal Year. "Exempt Property" means all Assessor's Parcels that are exempt from the levy of the Special Tax pursuant to the provisions of Section E. "Final Map" means a subdivision of property created by recordation of a fmal map, parcel map, or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (Califomia Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Improvement Area B" means Improvement Area B ofCFD No. 2001-1. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table I of Section C. "Lot(s)" means an individual legal lot created by a Final Map for which a building permit for residential construction has been or could be issued. "Master Developer" means the owner of the predominant amount of Undeveloped Property in Improvement Area B. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C , that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Outstanding Bonds" means all Bonds which remain outstanding. "Property Owner Association Property" means any property within the boundaries of CFD No. 2001-1 which is (a) owned by a property owner association or (b) is designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property owner association property. As used in this defInition, a property owner association property includes any master or sub-association. City ofChula Vista Community Facilities District No. 2001-1, Improvement Area B San Miguel Ranch a a Revised November 2004 Page 3 "Proportionately" means for Developed Property that the ratio of the actual Special Tax levy to the Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of Developed Property within Improvement Area B. For Undeveloped Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property within Improvement Area B. "Public Property" means any property within the boundaries of CFD No. 2001-1 that which (a) is owned by a public agency, (b) has been irrevocably offered for dedication, prior to June 1st of the preceding Fiscal Year, to a public agency or (c) is designated with specific boundaries and acreage on an 'A' Map or Final Subdivision Map as property which will be owned by a public agency. For purposes of this defInition, a public agency includes the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by reference to appropriate records kept by the City's Building Department. Residential Floor Area will be based on the building permit( s) issued for each dwelling unit prior to it being classified as Residential Property, and shall not change as a result of additions or modifications made after such classification as Residential Property. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement "Special Tax Requirement" means that amount required in any Fiscal Year for CFD No. 2001-1, Improvement Area B to: (i) pay annual debt service on all Outstanding Bonds; (ii) pay periodic costs on the Bonds, including but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay Administrative Expenses; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; (v) and pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD No. 2001-1 for Improvement Area B; (vi) less a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of Improvement Area B} which are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. City ofChula Vista Revised November 2004 Community Facilities District No. 2001-1, Improvement Area B San Miguel Ranch 8 _ 9 Page 4 "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. "Zone 1" means a specific geographic area as depicted in Exhibit A attached hereto. "Zone 2" means a specific geographic area as depicted in Exhibit A attached hereto. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Taxable Property within Improvement Area B shall be classified as Developed Property or Undeveloped Property and shall be subject to the levy of armual Special Taxes determined pursuant to Sections C and D below. Furthermore, Developed Property shall be classified as Residential Property or Commercial Property. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Commercial Property that is classified as Developed Property shall be the greater of (1) the Assigned Special Tax described in Table I below or (2) the amount derived by application of the Backup Special Tax. a. Assil!ned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE 1 Assigned Special Tax for Developed Property within Zone I and Zone 2 Land Use Class Descrintion Assil!ned SDecial Tax I Residential Property $475.00 per unit plus $0.82 per square foot of Residential Floor Area 2 Co=ercial Property $4,000 per Acre of Commercial Property City ofChula Vista Community Facilities District No. 2001-1, Improvement Area B San Miguel Ranch ¡¡ 1 () Revised November 2004 Page 5 b. Backup Special Tax When a Final Map is recorded within Zone I or Zone 2, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Commercial Property shall be determined as follows: For each Assessor's Parcel of Developed Property classified as Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property within the Final Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone 1 $10,444xA B= ------------------------ L Zone 2 $4,444xA B= ------------------------ L The terms above have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year. A = Acreage classified or to be classified as Residential Property in such Final Map. L = Lòts in the Final Map which are classified or to be classified as Residential Property. For each Assessor's Parcel of Developed Property classified as Commercial Property or for each Assessor's Parcel of Undeveloped Property to be classified as Commercial Property within the Final Map area, the Backup Special Tax shall be determined by multiplying $10,444 for Zone 1 and $4,444 for Zone 2 by the total Acreage of the Commercial Property and Undeveloped Property to be classified as Commercial Property within the Final Map area. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Commercial Property or Undeveloped Property for which the total Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Map, then the total Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the amount of total Backup Special Tax that would have been generated if such change did not take place. City ofChula Vista Community Facilities District No. 2001-1, Improvement Area B San Miguel Ranch ¡¡ -11 Revised November 2004 Page 6 2. Undeveloped Property The Maximum Annual Special Tax for each Assessor's Parcel classified as Undeveloped Property shall be $10,444 per Acre for Zone 1 and $4,444 per Acre for Zone 2. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Co=encing with Fiscal Year 200S-06 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied on each Assessor's Parcel of Developed Property at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement Second: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property, excluding any Assessor's Parcels classifIed as Undeveloped Property pursuant to Section E, at up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst two steps have been completed, the Special Tax to be levied on each Assessor's Parcel whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax and shall be increased Proportionately from the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's ParceL Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the fIrst three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel classifIed as Undeveloped Property pursuant to Section E at up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel in Improvement Area B. City ofChula Vista Community Facilities District No. 2001-1, ImprovementArea B San Miguel Ranch g 1 2 Revised November 2004 Page 7 E. EXEMPTIONS 1. The CFD Administrator shall classify as Exempt Property (i) Assessor's Parcels defined as Public Property, (ü) Assessor's Parcels defined as Property Owner Association Property, (üi) Assessor's Parcels defmed as Co=unity Purpose Facility Property or (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, provided that no such classification would reduce the sum of all Taxable Property to less than 100.94 Acres in Zone 1 and 9.63 Acres in Zone 2. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 100.94 Acres in Zone 1 and 9.63 Acres in Zone 2 will be classified as Undeveloped Property and shall be taxed as such. Tax-exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes Exempt Property. 2. The Maximum Annual Special Tax obligation for any Public Property which carmot be classified as Exempt Property as described in the first paragraph of Section E shall be prepaid in full by the seller pursuant to Section H.l, prior to the transfer/dedication of such property. Until the Maximum Annual Special Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Undeveloped Property. 3. If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in paragraph 1 that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. F. REVIEW/APPEAL COMMITTEE The Council shall establish as part of the proceedings and administration ofCFD No. 2001- 1, Improvement Area B a special three-member Review/Appeal Committee. Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error may file a written notice with the Review/Appeal Committee appealing the amount of the Special Tax levied on such Assessor's Parcel. The Review/Appeal Committee may establish such procedures; as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the armual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be fmal and binding as to all persons. RiNised November 2004 City ofChu/a Vista Community Facilities District No. 2001-1, ImprovementArea B San Miguel Ranch 8 1:3 Page 8 G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2001-1, Improvement Area B may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels which are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the CounciL H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means those public facilities authorized to be fmanced by Improvement Area B. "CFD Public Facilities Costs" means either $9.75 million, or such lower number as shall be determined either by (a) the CFD Administrator as sufficient to fmance the CFD Public Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds to be secured by Special Taxes levied under this Rate and Method of Apportionment "Construction Fund" means an account specifically identified in the Indenture to hold fundsJwhich are currently available for expenditure to acquire or construct the CFD Public Facilities. "Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFD Public Facilities Costs previously funded (i) from the proceeds of all previously issued Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to the date of prepayment and (iii) directly from Special Tax revenues and (b) the amount of the proceeds of all previously issued Bonds then on deposit in the Construction Fund. "Outstanding Bonds" means all previously issued Bond~which will remain outstanding after the fIrst interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. City ofChula Vista Community Facilities District No. 2001-1. ImprovementArea B San Miguel Ranch ¡¡ 1 4 RlNised November 2004 Page 9 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied by an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Public Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount (defined below) shall be calculated as su=arized below (capitalized terms as defined below): Bond Redemption Amount plus plus plus plus less less Total: equals Redemption Premium Future Facilities Amount Defeasance Amount Prepayment Fees and Expenses Reserve Fund Credit Capitalized Interest Credit Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defmed below) shall be calculated as follows: Paragraph No.: 1. For Assessor's Parcels of Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor's Parcel. For Assessor's Parcels of Public Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. 2. Divide the Maximum Annual Special Tax computed pursuant to paragraph 1 by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within Improvement Area B excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. City ofChula Vista Community Facilities DÚtrict No. 2001-1, ImprovementArea B San Miguel Ranch ß-15 Revised November 2004 Page 10 3. Multiply the quotient computed pursuant to paragraph 2 by the principal amount of Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to paragraph 3 by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. If all the Bonds authorized to be issued for Improvement Area B have not been issued, compute the Future Facilities Costs. 6. Multiply the quotient computed pursuant to paragraph 2 by the amount determined pursuant to paragraph 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. ConfIrm that no Special Tax delinquencies apply to such Assessor's ParceL 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the fees and expenses of Improvement Area B, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds from the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses"). 11. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Prepayment Fees and Expenses as determined pursuant to paragraph 10, from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 12. Add the amounts computed pursuant to paragraphs 7 and 9 and subtract the amount computed pursuant to paragraph II (the "Defeasance Amount"). 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defmed in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. City ofChula Vista Community F ocilities District No. 2001-1, Improvement Area B San Miguel Ronch 8-16 R<Nised November 2004 Page 11 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 2 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to paragraphs 3, 4, 6, 10 and 12, less the amounts computed pursuant to paragraphs 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the amounts computed pursuant to paragraphs 3, 4, 12, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to paragraph 10 shall be retained by CFD No. 2001- 1, Improvement Area B. The amount computed pursuant to paragraph 6 shall be deposited in the Construction Fund. The Prepayment Amount may be insufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within CFD·No. 2001-1, Improvement Area B both prior to and after the proposed prepayment is at least 1.1 times the maximum armual debt service on all Outstanding Bonds. Tenders of Bonds in prepayment of Maximum Annual Special Taxes may be accepted upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. 2. Prepayment in Part The Maximum Annual Special Tax obligation on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as City of Chu/a Vista Community Facilities District No. 2001-1. Improvement Area B San Mil!;Ue/ Ranch Revised November 2004 !j-ll Page 12 in Section H.1; except that a partial prepayment shall be calculated according to the following formula: PP = (PE X F) + A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.1, minus Prepayment Fees and Expenses pursuant to Step 10. F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A= the Prepayment Fees and Expenses pursuant to Step 10. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and·(iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Paragraph 16 of Section H.l, and (ii) indicate in the records of CFD No. 2001-1, Improvement Area B that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. I. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2005-06 to the extent necessary to fully satisfy the Special Tax Requirement for a period no longer than 2041-42. City ofChula Vista Community Facilities District No. 2001-1, Improvement Area B San Miguel Ranch Revised November 2004 8-18 Pa"e 13 ATTACHMEN1_ ri .d~ ~ . 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"" "'! , , i " '~I , . i~ ~ , - , ' ! i , ¡ " I I. i !Ii:!, ¡: t, I :!! :;1 !F::¡:t~!~ ¡::¡~,:!!I'¡!:¡ ~:~:'¡!:¡I~:o;ji¡ - ' " ' " ... I ;~¡ \ , , , ' '.:!I t:!~:fi!'Ifi!:fi!'t:;fi!it::t:!t:!t:¡t:: e :",1",,,,,,,.,,,1,,,,,,,,,,,,,,,,,,,.,,,1,,,,8 1 ! ~, ; ¡ 'U I ~I :, ¡ ~ 1 :¡ , 1 .51 ...!,:¡ :¡,;:;:5:!~i:.(:.::.:!...I ...1;...1: ê ~ ~! ð ¡- '" ATTACHMENT_ 4 · · ~ · ~ , 1, ~ · ~ · · · · · ì , · 8-21 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF TERRITORY TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA B THERETO WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, ("City Council"), formed a Community Facilities District and designated two improvement areas therein including Improvement Area B pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City ofChula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City ofChula Vista under Sections 3, 5 and 7 of Article XI ofthe Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). The Community Facilities District has been designated as Community Facilities District No. 2001-1 (San Miguel Ranch) (the "District"); and, WHEREAS, the City Council desires to initiate proceedings to consider the annexation of certain real property to the District (the "Territory") and Improvement Area B thereto; and WHEREAS, a map entitled "Annexation Map NO.1 to Community Facilities District No. 2001-1 (San Miguel Ranch), City ofChula Vista, County of San Diego, State of California" (the "Annexation Map") showing the Territory proposed to be armexed to the District and Improvement Area B thereto has been submitted, which map has been previously approved and a copy of the map shall be kept on file with the transcript of these proceedings; and WHEREAS, this City Council now desires to proceed to adopt its Resolution of Intention to armex the Territory to the District and Improvement Area B thereto, to describe the territory included within existing District and Improvement Area B thereto and the Territory proposed to be armexed thereto, to specify the facilities to be financed from the proceeds ofthe levy of special taxes within the Territory, to set and specify the special taxes that would be levied within the Territory to finance such facilities, and to set a time and place for a public hearing relating to the armexation of the Territory to the District and Improvement Area B thereto. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Legal Authority. These proceedings for armexation are initiated by this City Council pursuant to the provisions of and authorization contained in the Community Facilities District Law. 1 8-22 SECTION 3. Intention To Annex: Description Of Territorv And The District. This legislative body hereby determines that the public convenience and necessity requires that the Territory be added to the District and this City Council declares its intention to armex the Territory to the District and Improvement Area B thereto. A description of the Territory is as follows: All that property within the Territory proposed to be annexed to the District and Improvement Area B thereto, as such property is shown on the Annexation Map as previously approved by this legislative body, a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. A general description of the territory included in the District is hereinafter described as follows: All that property and territory as originally included within the District, as such property was shown on a map of the original District as approved by this City Council and designated by the name ofthe original District. A copy of such map is on file in the Office of the City Clerk and has also been filed in the Office of the County Recorder. SECTION 4. Facilities Authorized To Be Financed By The District The facilities that are authorized to be financed by the District from the proceeds of special taxes levied within the District (the "Facilities") are generally described in Exhibit A attached hereto and incorporated herein by this reference. These same Facilities are proposed to be financed by the levy of special taxes within the Territory upon the armexation thereof to the District and Improvement Area B thereto. The District shall finance all direct, administrative and incidental armual costs and expenses necessary to provide the Facilities. The Facilities authorized to be financed by the District from the proceeds of special taxes levied within Improvement Area B or the proceeds of bonds issued by the District for Improvement Area B and secured by the levy of such special taxes are the types of facilities to be provided in the Territory. If and to the extent possible the Facilities shall be provided in common within the District and the Territory. SECTION 5. Special Taxes. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for the Facilities and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in the Territory, will be levied armually within the boundaries of such Territory. For further particulars as to the rate and method of apportionment ofthe proposed special tax, reference is made to Exhibit B (the "Rate and Method"), which is attached hereto and incorporated herein by this reference and which sets forth in sufficient detail the method of apportionment of such special tax to allow each landowner or resident within the proposed Territory to clearly estimate the maximum amount that such person will have to pay. 2 8-23 The special tax proposed to be levied within the Territory shall be equal to the special tax levied to pay for the Facilities in Improvement Area B of the District, except that a higher or lower special tax may be levied within the Territory to the extent that the actual cost of providing the Facilities in the Territory is higher or lower than the cost of providing those Facilities in Improvement Area B of the District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher that the maximum special tax authorized to be levied pursuant to the Rate and Method. The special taxes, to the extent possible, shall be collected in the same marmer as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that carmot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different marmer if necessary to meet its financial obligations. Under no circumstances will the special tax to be levied against any parcel within the Territory and used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within Improvement Area B of the District as a whole by more than 10 percent. This legislative body further authorizes that special taxes authorized to be levied within the Territory may be prepaid and satisfied by payment of the prepayment amount calculated pursuant to the Rate and Method. Upon recordation of a Notice of Special Tax Lien pursuant to Section 3114.5 of the Streets and Highways Code of the State of California, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the Territory and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the tax by the legislative body ceases. The maximum special tax rate authorized to be levied within Improvement Area B of the District shall not be increased as a result of the armexation ofthe Territory to the District and Improvement Area B thereto. SECTION 6. Public Hearing. NOTICE IS GNENTHAT ON JANUARY 11,2004, AT 6:00 P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS OF THE CITY OF CHULA VISTA, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE TERRITORY TO THE DISTRICT, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD. 3 8-24 PROTESTS AGAINST THE PROPOSED ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. SECTION 7. Maioritv Protest. If(a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the Territory, ( c) owners of one-half or more of the area ofland in the territory included in the District, or (d) owners of one-half or more of the area of land in the territory included in the Territory, file written protests against the proposed armexation of the Territory to the District and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issues discussed at the public hearing. SECTION 8. Election. Upon the conclusion ofthe public hearing, ifthe legislative body determines to proceed with the armexation, a proposition shall be submitted to the qualified electors of the Territory. The vote shall be by registered voters within the Territory; however, ifthere are less than 12 registered voters, the vote shall be by landowners, with each landowner having one vote per acre or portion thereof within the Territory. SECTION 9. Notice. Notice ofthe time and place ofthe public hearing shall be given by the City Clerk by publication in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 ofthe Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. PREPARED BY: APPROVED AS TO FORM BY: JACK GRIFFIN DIRECTOR OF GENERAL SERVICES ?!h J MOORE TY ATTORNEY 4 8-25 EXHIBIT A COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) Description of Public Facilities . San Miguel Ranch Road . Proctor Valley Road Additional Facilities may be financed by proceeds of Development Impact and/or Acquisition Fees A -1 8-26 EXHIBIT B AMENDED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR IMPROVEMENT AREA B OF COMMUNITY FACILITIES DISTRICT NO. 200I-l CITY OF CHULA VISTA A-I 8-27 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MODIFYING THE DESIGNATION OF TERRITORY WITHIN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF COI\1MUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) AND DECLARING ITS INTENTION TO CONSIDER MODIFICATIONS TO THE FACILITIES AUTHORIZED TO BE FINANCED BY SUCH COMMUNITY FACILITIES DISTRICT, THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE LEVIED WITHIN IMPROVEMENT AREA B THEREOF AND THE AUTHORIZED BONDED INDEBTEDNESS FOR SUCH IMPROVEMENT AREA WHEREAS, the City Council of the City of Chula Vista, Califomia, (the "City Council") previously has previously undertaken proceedings to fo= Community Facilities District No 2001-1 (San Miguel Ranch) (the "District"), to designate two improvement areas therein ("Improvement Area A" and "Improvement Area B") and to authorize the levy of special taxes within each Improvement Area and the issuance by the District of bonds for each Improvement Area pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended (Government Code Section 53311 and following) (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law") to finance the acquisition or construction of certain authorized facilities; and WHEREAS, the qualified electors of each Improvement Area of the District, voting in a special election held on December 11,2001, approved the authorization to (a) levy special taxes within each Improvement Area pursuant to a separate rate and method of apportionment of such special taxes for each Improvement Area (the rate and method of apportionment of special taxes approved for Improvement Area B shall be referred to as the "Existing Improvement Area B RMA") and (b) to incur a bonded indebtedness of the District for Improvement Area B in a principal amount not to exceed $6,000,000 (the "Existing Improvement Area B Bond Authorization"); and WHEREAS, subsequent to the formation of the District and such election, NNP-Trimark San Miguel Ranch, LLC and Procter Valley West Properties, LLC, the current master developers of the property within the District, have requested that the City Council, acting as the legislative body of the District, initiate proceedings to consider modifications to (a) the territory designated within Improvement Area A and Improvement Area B of the District by deleting certain commercial property from Improvement Area A and adding such property to Improvement Area B, (b) the facilities authorized to be financed (the "Authorized Facilities") from the proceeds of special taxes levied within Improvement Area B of the District and/or bonds issued by the District for Improvement Area B which are secured by the levy of such special taxes, ( c) the Existing Improvement Area B RMA and (d) the Existing Improvement Area B Bond Authorization; and 1 8-28 WHEREAS, the modified Improvement Areas are shown on an amended boundary map of the District, a copy of which is on file in the office of the City Clerk (the "Amended Boundary Map"); and WHEREAS, this City Council desires to initiate such proceedings and to set the time and place for a public hearing on this Resolution. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH), DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. DESIGNATION OF TERRITORY WITHIN IMPROVEMENT AREA A AND IMPROVEMENT AREA B OF THE DISTRICT. The Amended Boundary Map designated as "AMENDED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH)" showing the amended boundaries of the territory included in Improvement Area A and Improvement Area B of the District including the parcels of land proposed to be subject to the levy of the special tax by the District within each respective Improvement Area is hereby approved and adopted. A certificate shall be endorsed on the original and on at least one (1) copy of the Amended Boundary Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of this Resolution, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the marmer and form provided for in Sections 3110 and 3111 of the Streets and Highways Code of the State of California. SECTION 3. DESCRIPTION OF THE AREA TO BE AFFECTED. The area to be affected by the proposed modifications to the Authorized Facilities, the Existing Improvement Area B RMA, and the Existing Improvement Area B Bond Authorization if approved, is all of Improvement Area B of the District as shown on the Amended Boundary Map. SECTON 4. DECLARATION OF INTENTION TO CONSIDER THE MODIFICATION OF THE FACILITIES AUTHORIZED TO BE FINANCED BY THE DISTRICT. This City Council hereby declares its intention to consider modification of the Authorized Facilities to authorize the District to finance the additional facilities set forth in Exhibit A attached hereto and incorporated herein by this reference. SECTION 5. DECLARATION OF INTENTION TO CONSIDER THE MODIFICATION OF THE EXISTING IMPROVEMENT AREA B RMA This City Council hereby declares its intention to consider modification of the Existing Improvement Area B RMA so·that the rate and method of apportionment of special taxes authorized to be levied within Improvement Area B reads as set forth in Exhibit B attached hereto and incorporated herein by this reference. 2 8-29 SECTION 6. DECLARATION OF INTENTION TO CONSIDER THE MODIFICATION OF THE EXISTING IMPROVEMENT AREA B BOND AUTHORIZATION. This City Council hereby declares its intention to consider modification of the Existing Improvement Area B Bond Authorization by increasing such authorization from $6,000,000 to $14,000,000. SECTION 6. PUBLIC HEARING. NOTICE IS HEREBY GIVEN that on , 200_, at the hour of _ p.m., in the regular meeting place of the City Council, being the Council Chambers located at 276 Fourth Street, Chula Vista, California, the City Council will hold a public hearing to consider this Resolution and to consider the approval of the modification of (a) the Authorized Facilities, (b) the Existing Improvement Area B RMA and (c) the Existing Improvement Area B Bond Authorization, all as proposed herein. At such time and place all interested persons or taxpayers for or against the approval of the modification of the Authorized Facilities, the Existing Improvement Area B RMA and/or the Existing Improvement Area B Bond Authorization will be heard. At the above-mentioned time and place for public hearing any persons interested, including taxpayers and property owners may appear and be heard. The testimony of all interested persons for or against the modification of the Authorized Facilities, the Existing Improvement Area B RMA and/or the Existing Improvement Area B Bond Authorization will be heard and considered. Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk of the City on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Improvement Area B, or (b) owners of one-half or more of the area of land in the territory included in Improvement Area B, file written protests against the proposed modification of Authorized Facilities and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the proposed modification of the Authorized Facilities. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Improvement Area B, or (b) owners of one-half or more of the area of land in the territory included in Improvement Area B, file written protests against the proposed modification of Existing Improvement Area B RMA and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the proposed modification of the Existing Improvement Area B RMA. SECTION 7. ELECTION. If, following the public hearing described in the Section above, the City Council determines to approve the modification of the Authorized Facilities, the Existing Improvement Area B RMA and/or the Existing Improvement Area B Bond Authorization, the City Council shall then submit such modifications to the qualified electors of Improvement Area B of the District. The City Council may also submit to the qualified electors a separate proposal to amend the appropriations limit for Improvement Area B. If at least twelve (12) persons, who 3 8-30 need not necessarily be the same twelve (12) persons, have been registered to vote within Improvement Area B for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of Improvement Area B, with each voter having one (I) vote. Otherwise, the vote shall be by the landowners of Improvement Area B who were the owners of record at the close of the subject hearing, with each landowners or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within Improvement Area B. SECTION 8. NOTICE OF PUBLIC HEARING. The City Clerk is hereby authorized and directed to give notice of such public hearing in the following manner: Notice of Public Hearing shall be published pursuant to Government Code Section 6061 in a legally designated newspaper of general circulation with such publication to be completed at least seven (7) days prior to the date set for such public hearing. SECTION 9. EFFECTNE DATE. This Resolution shall become effective immediately upon its adoption. PREPARED BY: ED AS TO FORM BY: p~ Jack Griffen Director of General Services 4 8-31 EXHIBIT A COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) IMPROVEMENT AREA B ADDITIONAL AUTHORIZED FACILITIES · Facilities to be financed by proceeds of the Public Facilities Development Impact Fee · Facilities to be financed by proceeds of the Park Acquisition and Development Fee · Facilities to be financed by proceeds of the Fiscal Deficit Impact Fee A-I 8-32 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH) IMPROVEMENT AREA B MODIFIED RATE AND METHOD OF APPORTION OF SPECIAL TAXES B-1 8-33 RESOLUTION NO. - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2001-01 (SAN MIGUEL RANCH), ADOPTING AN ANNEXTION MAP SHOWING PROPERTY PROPOSED TO BE ANNEXED TO SUCH COMMUNITY FACILITIES DISTRICT AND IMPROVEMENT AREA B THERETO WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA CALIFORNIA (the "City Council"), desires to initiate proceedings to armex territory to an existing Community Facilities District and Improvement Area B thereto pursuant to the te=s and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, and specifically Article 3.5 thereof. The existing Community Facilities District has been designated as Community Facilities District No. 2001-01 (San Miguel Ranch) (the "District"); and, WHEREAS, there has been submitted a map entitled "Annexation Map No. I To Community Facilities District No. 2001-01 (San Miguel Ranch), City of Chula Vista, County Of San Diego, State Of California" (the "Annexation Map") showing the territory proposed to be armexed to the District and Improvement Area B thereto (the "Territory"). NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct SECTION 2. The Annexation Map showing the Territory proposed to be armexed to the District and to Improvement Area B thereto and to be subject to the levy of a special tax is hereby approved and adopted. SECTION 3. A certificate shall be endorsed on the original and on at least one (I) copy of Annexation Map, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on the intention to armex or extent of the armexation to the District and Improvement Area B thereto, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the marmer and fo= provided for in Section 3111 of the Streets and Highways Code of the State of California. 8-34 PREPARED BY: Jack Griffin Director of Genéral Services APPROVED AS TO FORM BY: 8-35 ~ COUNCIL AGENDA STATEMENT Item: 9' Meeting Date: 12/14/04 ITEM TITLE: Resolution of the City Council of the City of Chula Vista creating the new classifications of Signal Systems Engineer I and II in the CVEA bargaining unit, eliminating the existing classification Signal Systems Engineer from the CVEA bargaining unit; and deleting two Engineering Technician II positions and one Survey Technician II position, adding one Traffic Devices Technician, one Signal Systems Engineer I, and one Administrative Analyst II, and amending the Fiscal Year 200S General Services Department budget therefore. SUBMITTED BY: Director of General Services ¿j<: . City Engineer REVIEWED BY: City ManagerGt \)~ (4/Sths Vote: Yes -X- No--> In January of 2004 the Engineering Department underwent a major reorganization and was absorbed into the General Services Department. Several staffing changes were adopted at that time, however, the majority of the modified positions were managerial or administrative in nature. Staff has since studied the operations of the department, identifying potential areas for improved resource allotment. This resolution will realign existing staff to better meet the needs of the department by deleting four currently vacant positions and creating four new positions. The proposed actions will result in no net change to the staffing levels of the General Services Deparment, while effecting a net positive impact on the General Fund. RECOMMENDATION: Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION: N/A DISCUSSION: In coordination with other departments within the City, the General Services Department is currently developing its own Strategic Business Plan for FY 200S-201O. The plan will be closely aligned with the City Council's strategic themes. The proposed staff changes mirror the strategic themes, especially as they relate to safe neighborhoods (Theme # 2) and cost effective goverrunent (Theme # S). Traffic Maintenance: The Traffic Maintenance Section of the Engineering Division is responsible for the maintenance and field operation of the City's traffic signals and streetlights. The last increase to the staffmg levels in this section occurred in February of 2000. At that time, the section was responsible for the maintenance of 6600 streetlights and 148 traffic signals. This section is now responsible for 9-1 Page 2, Item: ~ Meeting Date: 12/14/04 maintenance and operation of 8100 streetlights and 196 traffic signals, a workload increase of over 22%. This static staffing has led to challenges in meeting the minimum maintenance levels required to keep these systems serviceable. With all staff devoted to repairing malfunctioning lights and signals, the section is unable to effectively implement preventative maintenance measures. For example, the section standard requires for the routine maintenance of 16 traffic signals every month. Staff is currently unable to perform any such maintenance. The inability of staff to meet this standard results in traffic signal malfunctions requiring repair or replacement of equipment, tangibly increasing the cost of providing these services to the City. These limited resources also impact the ability of the section to provide a timely response to citizen requests. Timely response in this instance is not only a customer service issue, but a safety issue as well. Out of service streetlights and traffic signals directly impact the ability of the City to protect both motorists and pedestrians. In addition to internal analysis, staff conducted a survey of several agencies within San Diego County to determine the competitiveness of current staffmg levels. As illustrated in the attached exhibit, Chula Vista ranks below average in terms of fmancial commitment to this type of maintenance. A number of the compared agencies contract out their maintenance services. However, staff has learned that at least one agency is considering abandoning the service contract method and hiring their own staff instead. The type of service delivered via outside contracts appears to be inferior to staff services and less responsive to citizen complaints. The section currently consists of one Traffic Devices Technician Supervisor (1 FTE), three Traffic Devices Technicians (3 FTE), and one Signal Systems Engineer (1 FTE). In order to ensure the Traffic Maintenance Section has the resources necessary to maintain an expanding City without compromising service levels, staff recommends the addition of a Traffic Devices Technician and a Signal Systems Engineer I to the section. The Signal Systems Engineer I classification does not yet exist in the City. Based upon the direction of the Human Resources Department, staff recommends the creation of a new Signal Systems Engineer series in the CVEA bargaining unit. This series would be comprised of Signal Systems Engineer I and II classifications. The Signal Systems Engineer I would be an entry-level classification working directly under the supervision of the Signal Systems Engineer II while learning job tasks and gaining responsibility. Staff recommends the salary scale for the existing Signal Systems Engineer classification be carried over as the salary scale for the Signal Systems Engineer II ($6,036.46 per month at E step.) Staff also recommends the creation of a Signal Systems Engineer I classification, with a salary scale set at 10% of the Signal Systems Engineer II scale. At E step, this classification would earn $5,487.69 per month. In addition to the assignment of one Signal Systems Engineer to the section, staff also recommends the reclassification of the existing Signal Systems Engineer to a Signal Systems Engineer II, the full journey level classification in the new series. This modification is a title change only, and will result in no change in the responsibilities or duties performed by the current Signal Systems Engineer. 9-2 Page 3, Item:Cf Meeting Date: 12/14/04 Engineering staff critically examined the department's budget for resources that might be realigned in order to offset this cost. As a result of this analysis, staff recommends the deletion of one vacant Engineering Technician II position from the Wastewater Engineering Section and one vacant Survey Technician position from the Survey Section. The job duties performed by this Engineering Technician position in Wastewater have evolved such that the position no longer demands the same level of technical knowledge required of other employees in the same classification. An Engineering Aid more appropriately performs these duties, and staff therefore recommends the transfer of the currently vacant Engineering Aid position from the Traffic Operations Engineering Section to the Wastewater Section. The Engineering Technician II position will be moved from the Wastewater Section to the Traffic Maintenance Section and reclassified as a Traffic Devices Technician. Following the recent reorganization and absorption into the General Services Department, the Survey Section has taken great strides to improve their efficiency and productivity. As an extension of that exercise, staff now recommends the deletion of one Survey Technician from the section. This change will reduce the staffing arrangement of the Survey program from 6 FIE to 5 FIE. The Survey Technician position will be moved from the Survey Section to the Traffic Maintenance section and reclassified as a. Signal Systems Engineer I Financial Management / Special Tax Districts: The Special Tax District Section of the Engineering Division is responsible for the administration of all special tax districts in the City. Though the formation of these districts is closely tied to the entitlement process, and therefore the Engineering program as a whole, the duties and responsibilities associated with assessment district formation, fiscal management of community facility districts, budgeting of open space districts and other related functions have evolved over time. A Senior Management Analyst, an Administrative Analyst, and an Engineering Technician II currently staff the section. These functions are predominately of a fiscal nature and do not fit within the typical responsibilities of an Engineering Technician, nor take advantage of the skills that technicians possess. Due to the fiscal tracking and analytical nature of both the present and anticipated work, an Administrative Analyst would more appropriately staff this position. In addition to the current tasks performed by the section, the Engineering Division anticipates phasing over additional special tax district administration duties to the section in the coming year. These responsibilities encompass the stage between formation of new community facility districts, and the actual levying of tax upon the districts. This new function is indicative of the section's turn toward a more financial and administrative role within the Division. In order to ensure the most effective use of the department's resources in meeting these increasing fiscal responsibilities, staff recommends the deletion of the currently vacant Engineering Technician II positions from the Special Tax Districts Section and the addition of an Administrative Analyst II position to the section. 9-3 Page 4, Item: l Meeting Date: 12/14/04 FISCAL IMPACT: Budget Impact: The General Services Department has realized sufficient salary savings not otherwise accounted for in the Fiscal Year 04/05 budget to offset the additional staff costs associated with the proposed modifications. The net budgetary impact for personnel costs resulting from this action, assuming a start date of January 7, 2005 would be $13,866. No additional appropriation is necessary at this time. The costs associated with each of the proposed modifications is detailed in the following table: Position ---..-...-'.-.- EnØneeting~eelmicillIl II gngiIleering l~id_ _ .___ ___ ~ngineeIing T.ec~~ciaJ1 ;g S_ur:'Iey ~ecl1I1i_cian__ Si al S stems En . neer Total :r<;~y 'Salary ___ i __ Position .l :r<;ey J Sa!an 1062~L$33,~72-,8'± JAdIDÍI1i~tr~ti~e A.nalYS.tII. J 10622J~0,~3~.6!. l()65~J~26,§17.·~ºiEngiI1ee!!ng~d_ _.._ ...._.1 1º§?}-!t~6,6r!:2º 10653 i $ 33,972.84 iTraffic Devices Technician' 10654 i $ 35,114.64 --..;....--.. ,. '.... .. -,_. .-.." -,- -. "0 ~., ....__" -__... ,..._......__... ~ ".,_ ..._. ," _ .."'...'_0 __,_. ___.._ '. .'.., 'm ..........., __ __.. 0_' ,_,___ i}0_6~~j$3~,922:_8~__[~_i~a!_SYs.t_ep.1s ªilgiile~rI~ ! 0§_5~J_ ~}~,7}~A?___ i 10654' $ 43,745.99 ¡Si al S stems En 'neer II' 10654 i $ 43,745.99 $172,281.69 !Total $ 186,147.90 General Fund Impact: Several of the positions included in the proposed modifications are General Fund funded positions. However, there are also several included positions with other funding sources. As a result of this realignment, there will be a net positive impact to the General Fund of $53,627.27 for Fiscal Year 2005, with an ongoing armual savings of $107,254.54. Existin~ Stamn~ Proposed Staftïn~ , ' E;ii~~~~~l!_-- +___!!lIlL_+ ..- s.!ll!iD'---i~:~~\~~e--i----_!!lII~I___--f __ _~I!l!!ry___ 'Te.cl:IJ1i<:ian II__~ºe.Il~ral.~lIIid} $}3,~?2.~4IAn<1lystII__u___ _ jQeIl_era.l£undJ t40,935 .61 i i I i Sewer Service i En~!le.e~g Aid .L_ ~neral }¡·_~Ild!~2§,§17..?ºjEnßiIiee.~ ,4.i~mJ _.~e.ve.n!le__l$ 26,§l} .20 EngmeeDng I Sewer ServIce i ¡Traffic DevIces ! I~~£i8!1It__+__ ~e.:v_elll,1e. c_ _I J}3-,9?2.·ª:1:-¡If~~_~i~~~~ _. _ ___Q¡¡s!ax. _!J35, 11~,-64 ~e£l1r1ic:i8Jl. ___1 SÌe.l1e.ra.l_Flln~_j t3},?7_2.,8_4_ JgilgiIie_erI __. _ .. . Qas]ax_ H}9,?}4:47 . Signal Systems i i ¡Signal Systems i , En 'neer I Gas Tax I $ 43,745.99 IEn' eer II Gas Tax i $ 43,745.99 Total General Fund Cost $ 94,562.88 ¡Total General Fund Cost $ 40,935.61 Attachment 1 - Countywide fmancial commitment comparison J:\Engineer\AGENDA\Survey Traffic & Assessments Staffing.doc 9-4 Attachment 1 Traffic Signal and Street Light Maintenance Costs Number of Number of Street Cost/ Agency Signals LightsA Cost / Signal St. Light Chula Vista 196 81008 2,193.34 22.81 Carlsbad 130 6,445 5,016.28 26.69 County of San Diego 159 9,030 2,009.29 20.90 EI Cajon" 108 2,025 2,607.18 27.11 Lemon Grove" 28 342 1,857.41 29.22 Poway" 50 2,806 2,900.00 45.62 Santee" 50 1,669 2,028.90 31.91 Solana Beach" 13 420 2,400.00 43.33 " Cities that contract out their signal maintenance Does not include SDG&E maintained lights Includes all City maintained street lights (both on concrete poles and on wooden poles). A B 9-5 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CREATING THE NEW CLASSIFICATIONS OF SIGNAL SYSTEMS ENGINEER I AND II IN THE CVEA BARGAINING UNIT, ELIMINATING THE EXISTING CLASSIFICATION SIGNAL SYSTEMS ENGINEER FROM THE CVEA BARGAINING UNIT; AND DELETING TWO ENGINEERING TECHNICIAN II POSITIONS AND ONE SURVEY TECHNICIAN II POSITION, ADDING ONE TRAFFIC DEVICES TECHNICIAN, ONE SIGNAL SYSTEMS ENGINEER I, AND ONE ADMINISTRATIVE ANALYST II, AND AMENDING THE FISCAL YEAR 2005 GENERAL SERVICES DEPARTMENT BUDGET THEREFORE. WHEREAS, in January of 2004, the Engineering Department was reorganized and absorbed into the General Services Department; and WHEREAS, staff has critically reviewed the staffing resources of the department to identify any deficiencies or surpluses; and WHEREAS, staff has identified the need to eliminate the existing classification of Signal Systems Engineer from the CVEA bargaining unit and to replace it with a new series consisting of a Signal Systems Engineer I classification and a Signal Systems Engineer II classification, and to reclassify the current Signal Systems Engineer as a Signal Systems Engineer II; and, WHEREAS, staff has identified the need to add one Traffic Devices Technician, one Signal Systems Engineer, and one Administrative Analyst II; and WHEREAS, there are currently vacant positions which may be deleted to fund these necessary positions. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby delete two Engineering Technician II positions and one Survey Technician II position, and add one Traffic Devices Technician position, one Signal Systems Engineer position, and one Administrative Analyst II position; and 9-6 IT IS FURTHER RESOLVED the City Council of the City ofChula Vista does hereby amend the Fiscal Year 2005 General Services Department budget for personnel, and appropriating the necessary funds therefore. Presented by Approved as to form by Jack Griffin Director of General Services 7JhClh-CTP-Ø} mar5ÁdC Ann Moore City Attomey J:\attomeylreso\financelEngineering Technician II - Eng. 9-7 COUNCIL AGENDA STATEMENT Item V:> Meeting Date 12/14/04 ITEM TITLE: SUBMITTED BY: Resolution approving the first amendment to the agreement with Rudolph and Sletten, Inc. to incorporate additional design services as required to design and construct upgrades and replacements to the Nature Center Interior Exhibits (Nature Center Galleria Remodel). General Services Director Ò~ C¡:.. REVIEWED BY: City Manager/" 0"'- (4/5ths Vote: Yes _ No X ) The City Council previously approved a Design Build agreement with Rudolph and Sletten, Inc. by Resolution 2004-187 for the provision of services necessary to design and construct upgrades and replacements to the Nature Center Interior Exhibits (Nature Center Galleria Remodel) capital improvement proj ect, GG 17 5. The proj ect is in the design development phase. Through the process of the design development phase, it has become apparent that the need for a specialized designer is required to complete the project, thus increasing the scope of work for design services to be provided. Per Section 35 of the Design Build agreement with Rudolph and Sletten, Inc., staff is recommending amending the agreement to include the additional design services necessary to complete the design development phase of the proj ect. RECOMMENDATION: That the City Council approve the first amendment to the agreement with Rudolph and Sletten, Inc. to incorporate additional design services as required to design and construct upgrades and replacements to the Nature Center Interior Exhibits (Nature Center Galleria Remodel). BOARDS/COMMISSION: Not Applicable DISCUSSION: The Nature Center Galleria Remodel project is a unique project in that it involves the redesign and replacement of Nature Center interior exhibits such as structural and electrical components as well as new drainage systems that support a saltwater-rich environment. Over the past seventeen years, there have been many repairs to exhibit text panels, plumbing, electrical and drainage systems. The existing exhibits have become worn and are in need of replacement and configuration such that the Center can continue to provide safe, up-to-date, quality services. PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS As proposed, the Design-Build Agreement with Rudolph and Sletten, Inc. will provide the City with redesigned and replacement of interior exhibits at the Nature Center. The scope of work includes, but is not limited to the following: 10-1 Page 2, Item \ 5 Meeting Date 12/14/04 Design and construction of upgraded and/or replacement of interior exhibits at the Nature Center. The facility shall include, but not be limited to all components as outlined in the Chula Vista Nature Interior Remodel Project Programming. As original1y written, Rudolph and Sletten, Inc. would perform all services, work and obligations as described in the agreement for the not to exceed amount of $723,000, which would include Design Services, General Conditions, Insurance, Bonds and all Hard Construction costs necessary to provide a ful1y completed and functional Project. Of that $723,000, the design services and genera1 conditions were budgeted at $178,395. At 90% complete documents a Guaranteed Maximum Price (GMP) will be established as part of the agreement, which will include, but not be limited to, the cost for all labor, equipment, and material to design and construct upgraded and replaced interior exhibits at the Nature Center in accordance with all applicable building codes. During the design development phase it has become apparent that the need for a specialized designer is required to complete the project, thus increasing the scope of work for design services to be provided. As a subcontractor to the Design Builder, the specialized designer, BIOS, possesses the knowledge and expertise of designing marine life/aqua containments that will enhance the conceptual ideas of the Design Build Team Architect. BIOS is a premier exhibit designlbuilder with several similar projects completed including the Monterey Bay Aquarium. The additional design services proposed would increase the desigi1 services and general conditions from $178,395 to $319,926. Per Section 35 of the Design Build agreement with Rudolph and Sletten, Inc., staff is recommending amending the agreement to include the additional design services necessary to complete the design development phase of the project in the amount of $319,926, thus increasing the not to exceed amount from $723,000 to $864,531. Cost to Date: Ori2inal Estimate Additional Cost Total Design Services and $178,395 $141,531 $319,926 GC's Construction Cost $504,605 $504,605 Desig¡¡ Build Fee $40,000 $40,000 Total $723,000 $141,531 $864,531 Staff recognizes that the increase in design services will, in due course, increase the not to exceed price beyond $864,531. Preliminary budgeting and cost analysis by staff and the Design Builder forecast that the GMP wil1 not exceed a cost estimated at $1.8 focusing on an increase cost in construction and the design build fee consistent with the additional scope of work contemplated by the specialized design services to be provided. Adjusted Cost Estimated Addt'l Cost Total Design Services and $319,926 $319,926 GC's Construction Cost $504,605 $847,540 $1,352,145 Desig¡¡ Build Fee $40,000 $92,407 $132,407 Total $864,531 $939,947 $1,804,478 10-2 Page 3, Item V·..· Meeting Date 12/14/04 FUNDING Through previous actions, Council approved a resolution authorizing the Nature Center to apply for a grant from the Land and Water Conservation Fund Program (LWCF) for a potential request in the amount of $210,00 for this project. Nature Center staff and volunteers are in the process of developing financial participation from the Friends of the Chula Vista Nature Center, the County, US Fish and Wildlife Service and other local grant making agencies. Currently, approximately $370,00 has been raised. If the $210,00 monies are realized from the grant, the total participation would be $580,000 ($210,000 + $370,000). Uti1izing the City's matching capability, from the General Fund, the potential project budget would be $1.16 million ($580,000 + $580,000). For the balance, Nature Center staff and volunteers will continue to develop financial participation from those groups mentioned previously, thus increasing the City's match and the project budget to meet the preliminary not to exceed cost estimate of $1.8. Existing appropriations to the project are from the General Fund and will potentially be offset by the fund raising activities of the Nahrre Center staff and potential receipt of grant funds. FISCAL IMPACT: Rudolph and Sletten, Inc. shall perfo= design services, and general conditions for the not to exceed amount of $319,926. At 90% complete documents a GMP will be established as part of this agreement, which will include, but not be limited to, design costs, general conditions, project management, the cost for all labor, equipment, and material to design and construct newly upgraded and replacement of interior exhibits at the Nature Center in accordance with all applicable building codes. Staff will return to Council for approval of the GMP once the construction documents reach 90% completion. At the same time, staff will request that Council appropriate additional funds to construct the project. In an attempt to offset the impact to the General Fund, Nature Center staff and volunteers are in the process of developing financial participation from the Friends of the Chula Vista Nature Center, the County, US Fish and Wildlife Service and other local grant making agencies. Previously· appropriated funds from the General Fund in the amount of $336,949 are sufficient to complete the design phase. Attachment(s): 1 - Design Build Agreement First Amendment 2 - Revised Exhibits 2 and 3 10-3 First Amendment To the Design Build Agreement between the City of Chula Vista and Rudolph and Sletten, Inc. For Design and Construction of the Nature Center Interior Exhibits (Nature Center Galleria Remodel) This first amendment is made and entered into this 7th day of December, 2004 by and between the City of Chula Vista (herein "City"), a municipal corporation, and Rudolph and Sletten, Inc. (herein "Design Builder or D/B"). City and Design Builder are sometimes hereinafter referred to as Parties ("Parties") RECITALS WHEREAS, the City and D/B entered into an agreement ("Original Agreement") dated June 8, 2004 and approved by City Council Resolution 2004-187, whereby D/B provides design and construction services to the City for the provision of services necessary to design and construct upgrades and replacements to the Nature Center Interior Exhibits (Nature Center Galleria Remodel) capital improvement project, GG175. including the facilities and site-work; and WHEREAS, the Original Agreement contained a guaranteed maximum price not to exceed amount of$723,000; and WHEREAS, during the design development phase it has become apparent that the need for a specialized designer is required to complete the proj ect, thus increasing the scope of work for design services to be provided. ; and WHEREAS, D/B and City staff have participated in the design development phase activities and concur that additional design services are necessary to complete the project; and WHEREAS the parties now desire to amend the Agreement to increase the design and general conditions amount to $319,926 as necessary to complete Phase I, Design Development. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set forth herein, the City and Design Builder agree as follows: 1. Section 1 of Original Agreement, entitled General Scope of Work to be Performed by D/B, is hereby amended as follows: 1.3.1 Perform all services, work and obligations as described herein for the not to exceed amount of $723,000 $864,531, which shall include Design Services and General Conditions necessary to provide a fully completed and functional Project. D/B shall perform all Design Services and General Conditions for the not to exceed amount 0[$178,395 $319,926 as outlined in the Design Build Fee Structure (Exhibit 2). At 90% complete construction documents a Guaranteed Maximum Price (GMP) 10-4 will be established pursuant to Section 13 of this Agreement, which will include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully functional Nature Center Galleria Remodel in accordance with all applicable rules, regulations, and laws. The D/B fee shall be based upon the Design Build Fee Structure (Exhibit 2) and is estimated at $40,000. Any costs incurred by D/B in excess of said GMP shall be the sole responsibility of the D/B, unless a change order is approved by the City pursuant to Sections 9 and 14 of this agreement. All funds remaining in the GMP at the completion of the project shall belong to the City. 2. Section 13 of the Original Agreement, entitled D/B GMP for Services and Reimbursements, is hereby amended to read as follows: 13.1.1 The GMP shall not exceed $723,090 $864,531 and include within said GMP shall be no more than $17&,395 $319,926 for Design Services and General Conditions as previously identified in Section 1.3.1 of this agreement. 13.2 Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all services and obligations under this Agreement, D/B shall be compensated ("D/B GMP") by a sum to be determined at 90% construction documents. GMP shall include the not to exceed amount of $178,395 $319,926 for General Conditions and Design Services. Said $178,395 $319,926 for General Conditions and Design Services shall not be exceeded unless additional services are requested pursuant to § 7 above or a change order issued pursuant to § 14. Unless otherwise expressly provided in this Agreement, D/B GMP shall include full compensation for all costs of any type incurred by D/B in performing all services and obligations under this Agreement, including but not limited to the following: 3. Exhibit 2 of the Original Agreement shall be supplemented with the Exhibit 2 - Revised Line 1 Totals. 4. Exhibit 3 of the Original Agreement shall be substituted with the Revised Exhibit 3. 5. Except as expressly provided herein all other provisions of the Original Agreement shall remain in full force and affect. 10-5 Signature Page to the First Amendment to the Design Build Agreement between the City of Chula Vista and Rudolph and Sletten, Inc. For Design and Construction of the Nature Center Interior Exhibits (Nature Center Galleria Remodel) City of Chula Vista Rudolph and Sletten, Inc. by Stephen C. Padilla, Mayor by Date ATTEST: Susan Bigelow, City Clerk Approved in form by: Ann Moore, City Attorney M:\General Services\GS Administration\Council Agenda\Nature Center Renovation GG175\GG175 Amendment Signature Page.doc 10-6 EXHIBIT 2 - REVISED LINE 1 TOTALS "DESIGN BUILD FEE STRUCTURE" ORIGINAL CONTRACT DESCRIPTION CONTRACT ADDITIONS TOTALS 1. Design Services and General Conditions $178,395 $141,531 $319,926 a. Architectural & Engineering $75,000 $141,531 $216,531 b. General Conditions - Design $31,000 $0 $31,000 c. General Conditions - Construction $72,395 $0 $72,395 10-7 EXHIBIT 3 "IDENTIFICATION OF DESIGN BUILD TEAM MEMBERS" Legal Name and Address Rudolph and Sletten, Inc. 989 East HilIsdale Boulevard, Suite 100 Foster City, CA 94404 Legal Form of Company Corporation Parent Company Same San Diego County Office Address 1359 E¡¡e6IHive Driye, SHite 391 San Diego, CA 92121 10955 Vista Sorrento Parkway, Suite 100 San Diego, CA 92130 Number of Years in San Diego 11 ye!ll's 15 years Number of Employees in San Diego 115 Chula Vista License Number 39531 Persons assigned to project Bruce Zelenka, Project Executive Matt Frey, Project Manager John Bunje, Project Engineer Cal Prochnow, Field Supervisor 10955 Vista Sorrento Parkway, Suite 100 San Diego, CA 92130 (858) 259-6262 Design Consultants Jeff Katz Architecture, Principal, Project Architect BIOS, Design Build Consultants, Exhibits Contract Contact Bruce Zelenka, Project Executive 10955 Vista Sorrento Parkway, Suite 100 San Diego, CA 92130 (858) 509-2217 10-8 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INC. TO INCORPORATE ADDITIONAL DESIGN SERVICES AS REQUIRED TO DESIGN AND CONSTRUCT UPGRADES AND REPLACEMENTS TO THE NATURE CENTER INTERIOR EXHIBITS (NATURE CENTER GALLERIA REMODEL) WHEREAS, City Council approved a Design Build agreement with Rudolph and Sletten, Inc. by Resolution 2004-187 for the provision of services necessary to design and construct upgrades and replacements to the Nature Center Interior Exhibits (Nature Center Galleria Remodel) capital improvement project GG175; and WHEREAS, the project is in the design development process; and WHEREAS, the Guaranteed Maximum Price (GMP) is to be established at 90% construction documents, which would include, but not be limited to, the cost for all labor, equipment, and material to design and construct upgraded and replaced interior exhibits at the Nature Center in accordance with applicable building codes; and WHEREAS, during the design development phase process, it has become apparent that the need for a specialized designer is required to complete the proj ect, thus increasing the scope of work for design services to be provided; and WHEREAS, the specialized designer, BIOS, possesses the knowledge and expertise of designing marine life/aqua containments that will enhance the conceptual ideas of the Design Build Team Architect; and WHEREAS, the additional design services proposed would increase the design services and general conditions from $178,395 to $319,926; and WHEREAS, per Section 35 of the Design Build agreement with Rudolph and Sletten, Inc., staff is recommends amending the agreement to include the additional design services necessary to complete the project in the amount of $319,926, thus increasing the not to exceed amount from $723,000 to $864,531. 10-9 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the First Amendment to the agreement with Rudolph and Sletten, Inc. to incorporate additional design services as required to design and construct upgrades and replacements to the Nature Center Interior Exhibits (Nature Center Galleria Remodel) and increasing the project not to exceed amount from $723,000 to $864,531. Presented by Approved as to form by !Jull Jack Griffin Director of General Services u J:\attomey'lJ"eso\amendment\l st Amendment Nature Center-Rudolph Sletten 10-10 COUNCIL AGENDA STATEMENT Item ~\ Meeting Date 12/14/04 ITEM TITLE: Resolution appropriating $450,000 from the General Fund based on the settlement funds to the "South Chula Vista Library in the City of Chula Vista, CA" Capital Improvement Project (LB-125) as necessary to amend the construction deficiencies of the South Chula Vista Library. SUBMITTED BY: General Services Director aJ\-- City Manager~9~ (4/Sths Vote: Yes...x.. No ~ REVIEWED BY: On November 2, 1993 the City Council approved by Resolution No. 17290 a contract with Douglas E. Barnhart, Inc. for the construction of the South Chula Vista Library. The facility was dedicated and opened to the public in 1994. Thereafter, several building/construction issues arose. As a result, the City initiated litigation against the General Contractor, Douglas E. Barnhart, Inc. After a number of investigations and studies to determine the cause of inconsistencies in the building's structure the City and Douglas E. Barnhart, Inc. reached a settlement to correct the deficiencies. RECOMMENDATION: That Council adopt the resolution approving the appropriation of $450,000 ITom settlement funds to the "South Chula Vista Library in the City of Chula Vista, CA" Capital Improvement Project (LB-125) as necessary to amend the construction deficiencies of the South Chula Vista Library. BOARDS/COMMISSION: Not applicable DISCUSSION: The South Chula Vista Library is a 37,000 square foot structure consisting of stone and carpeted floors, three fountains, stucco and nine copper pyramids roofs with skylights. The Library was dedicated and opened to the public in 1994. Thereafter several building/construction issues arose. These issues included construction shortcomings with regard to unexplained water seepage and cracks in the flooring, separation in the gutter system of the roof due to absence of expansion joints which created fractures in the copper which in turn resulted in leakage, color deterioration of exterior walls (paint) and stucco. The City initiated litigation against the General Contractor, Douglas E. Barnhart, Inc. as a result of the construction issues. As part of the litigation, several investigations and studies were conducted in an attempt to resolve the construction issues of the facility. City Council previously authorized a settlement with Douglas E. Barnhart, Inc., regarding their involvement over the South Chula Vista Library. The settlement included a required a payment by Barnhart to Chula Vista in the amount of $450,000. Payment has been received. In an effort to maximize the City's expenditure of settlement funds, staff is recommending the appropriation of $450,000 to the "South Chula Vista Library in the City of Chula Vista, CA" 11-1 Page 2, Item ~ Meeting Date 12/14/04 Capital Improvement Project (LB-125) whereas staff will then proceed with bidding construction services necessary to amend the construction deficiencies of the South Chula Vista Library following procedures outlined in Section 2.56 (Purchasing System) of the City's Municipal Code. FISCAL IMPACT: Approval of tonight's resolution will authorize the appropnatIon of $450,000 from the General Flmd based on the settlement settle funds to the "South Chula Vista Library in the City of Chula Vista, CA" Capital Improvement Project (LB-125) as necessary to complete the construction deficiencies of the South Chula Vista Library. M:\General Services\GS Administration\Council Agenda\South CV Library LB125\Barnhart Settlement A113 LB125 Rev.doc 11-2 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, APPROPRIATING $450,000 FROM THE GENERAL FUND BASED ON THE SETTLEMENT FUNDS TO THE "SOUTH CHULA VISTA LIBRARY IN THE CITY OF CHULA VISTA, CA" CAPITAL IMPROVEMENT PROJECT (LB- 125) AS NECESSARY TO AMEND THE CONSTRUCTION DEFICIENCIES OF THE SOUTH CHULA VISTA LIBRARY WHEREAS, on November 2, 1993,the City Council approved by Resolution No. 17290 a contract with Douglas E. Barnhart, Inc. for the construction of the South Chula Vista Library; and WHEREAS, the facility was dedicated and opened to the public in 1994; and WHEREAS, thereafter several building/construction issues arose that fell under the obligation ofthe Contractor to correct per the contract; and WHEREAS, during litigation with the original Contractor, several investigations and studies were conducted in an attempt to resolve the construction issues of the facility; and WHEREAS, City Council authorized a settlement with Douglas E. Barnhart, Inc. regarding their involvement over the South Chula Vista Library for the amount of $450,000; and WHEREAS, staff recommends the appropriation of $450,000 to the "South Chula Vista Library in the City of Chula Vista, CA" Capital Improvement Proj ect (LB-125), whereas staff will then proceed with bidding construction services necessary to amend the construction deficiencies of the South Chula Vista Library, as defined in Section 2.56 (purchasing System) of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve and appropriate $450,000 from the General Fund based on the settlement funds to the "South Chula Vista Library in the City of Chula Vista, CA" Capital Improvement Project (LB-125), as necessary to amend the construction deficiencies of the South Chula Vista Library. Presented by Approved as to form by ~µí1 'h4ívl£( ~ Moore City Attorney Jack Griffin Director of General Services J:Attorney/Reso/Bids/Soutb Chula Vista Lihrary 11-3 COUNCIL AGENDA STATEMENT Item \.:k Meeting Date 12/14/04 ITEM TITLE: Resolution Accepting filing of Engineer's Report by the City Engineer on the cost of construction and setting January 25,2005 at 6:00 p.m. as the date and time of a public hearing on Assessment District 2002-1 (Quintard Street) Resolution Approving the deferral of assessments and establishing the rate of interest and financing period applied to deferrals for Assessment District 2002-1 SUBMITTED BY: Director of G~eral Services Ò J.} City Manage"t \) \'" (4/5ths Vote: Yes _ NoX) REVIEWED BY: On July 22,2003, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XIIID of the Constitution of the State of California ("Article XIIID"), Council adopted Resolution No. 2003-305 awarding a contract in the amount of $206,291.50 to Star Paving, Inc. of San Diego for the construction of sidewalk improvements on Quintard Street between Third Avenue and Orange A venue. The work is now complete and improvements have been accepted by the City Manager. A resolution must now be approved to accept filing ofthe Engineer's Report on the cost of construction and to set the public hearing on the assessments. RECOMMENDATION: That Council adopt resolutions: 1. Accepting filing of the Engineer's Report on the cost of construction of the sidewalk improvements on Quintard Street between Third Avenue and Orange Avenue; 2. Setting January 25,2005 at 6:00 p.m. as the date and time for the public hearing on the proposed assessments for the sidewalk improvements on Quintard Street; 3. Approving the deferral of assessments and establishing the rate of interest and financing period. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On March 4,2003 Council adopted Resolutions 2003-093, 2003-094, and 2003-095 (Attachment A). Resolution 2003-093 accepted a petition signed by the property owners along Quintard Street for the formation of an assessment district pursuant to the Block Act to finance the construction of missing sidewalk improvements along Quintard Street. Resolution 2003-094 approved the proposed district boundary map. Resolution 2003-095 declared the intent to form Assessment District No. 2002-1, ordered the installation of certain improvements on Quintard Street, approved the Preliminary Assessment Engineer's Report, set the public hearing for May 6,2003, and ordered the initiation of Assessment Ballot proceedings. 12-1 Page 2, Item \';;,;,. Meeting Date 12/14/04 The following cost information was obtained from the Preliminary Engineer's Report and was included on the property owners' Assessment Ballots as the amount of the assessment proposed to be levied against each respective parcel. The total estimated construction cost, including the City's share, was $329,882.00. These ballots were subsequently mailed to the property owners on March 17,2003. Address 315 Quintard Street 325 Quintard Street 333 Quintard Street 341 Quintard Street 347 Quintard Street 353 Quintard Street 354 Quintard Street 357 Quintard Street 360 Quintard Street 364 Quintard Street 365 Quintard Street 366 Quintard Street 369 Quintard Street 372 Quintard Street 374 Quintard Street 385 Quintard Street 392 Quintard Street TOTAL Parcel Number 623-050-13-00 632-050-01-00 623-040-09-00 623-040-16-00 623-040-06-00 623-040-05-00 619-290-55-00 623-040-03-00 619-290-86-00 619-290-87-00 623-040-02-00 619-290-52-00 623-040-02-00 619-290-51-00 619-290-50-00 623-040-01-00 619-290-49-00 Prelirninarv Assessment $3,768.00 $3,928.00 $3,224.00 $5,764.00 $3,516.00 $3,352.00 $6,480.00 $3,720.00 $5,944.00 $3,148.00 $3,352.00 $2,044.00 $3,864.00 $2,044.00 $3,352.00 $6,704.00 $3.768.00 $67,972.00 Final Assessment $2,667.50 $3,124.00 $2,304.50 $1,626.63 $2,596.00 $2,304.50 $4,545.75 $2,836.63 $1,820.50 $2,208.25 $2,527.25 $1,432.75 $2,524.50 $1,432.75 $2,348.50 $1,028.50 $2.838.00 $40,166.51 On May 6, 2003 Council held the public hearing on the Quintard Street sidewalk improvements. There was no public testimony, so the hearing was closed and ballots were tabulated. Since greater than 50% of the property owners, based on property frontage, voted in favor of the proposed assessments, Council adopted Resolution No. 2003-178 (Attachment B), which ordered the installation of improvements in accordance with Article XIIID of the California Constitution. In accordance with Section 20852 of the Public Contract Code, the City advertised and obtained sealed bids as part of a formal bidding process and awarded the contract to the lowest responsible bidder. Out ofthe eleven firms that submitted bids, Star Paving, Inc. was the lowest at $206,291.50. On July 22,2003 Council adopted Resolution No. 2003-305 (Attachment C) awarding the contract for construction of sidewalk improvements on Quintard Street to Star Paving, Inc. Star Paving completed the construction of improvements, as described in the Notice of Completion, recorded on June 8, 2004 (Attachment D). A final inspection was made, all work was found to be completed in accordance with the contract plans and specifications and to the satisfaction of the City Engineer. Staffhas now received, and the City has paid, all the contractual invoices for this proj ect. The amount paid to the contractor was $201,723.91. This reduction of $4,567.59 was due to an adjustment in contract quantities. Additionally, staff applied for and received a grant for Transportation Development Act (TDA) funding from the San Diego Association ofGovemments (SANDAG). These funds can only be used 12-2 Page 3, Item \;L Meeting Date 12/i4/04 to finance the construction of sidewalks and design and advertising costs directly related to sidewalk construction, amounting to $49,950. Of the total construction costs, only concrete driveways were proposed to be assessed to the property owners. The final construction costs for the concrete driveways total $40,166.51. Staff has completed the accounting of the expenditures and apportionment to property owners, as shown in the Engineer's Report (Attachment E). This document amends the Preliminary Engineer's Report adopted by Council on March 4, 2003. Since the amounts now allocated to the property owners based on actual construction costs (totaling $40,166.51) are equal to orless than the amounts originally included on the homeowners' ballots (totaling $67,972), an additional assessment ballot proceeding will not be required. The following amounts will be assessed to each property owner. These amounts are based only on construction costs for the driveway aprons. Address 315 Quintard Street 325 Quintard Street 333 Quintard Street 341 Quintard Street 347 Quintard Street 353 Quintard Street 354 Quintard Street 357 Quintard Street 360 Quintard Street 364 Quintard Street 365 Quintard Street 366 Quintard Street 369 Quintard Street 372 Quintard Street 374 Quintard Street 385 Quintard Street 392 Quintard Street TOTAL Parcel Number 623-050-13-00 632-050-01-00 623-040-09-00 623-040-16-00 623-040-06-00 623-040-05-00 619-290-55-00 623-040-03-00 619-290-86-00 619-290-87-00 623-040-02-00 619-290-52-00 623-040-02-00 619-290-51-00 619-290-50-00 623-040-01-00 619-290-49-00 Preliminary Assessment $3,768.00 $3,928.00 $3,224.00 $5,764.00 $3,516.00 $3,352.00 $6,480.00 $3,720.00 $5,944.00 $3,148.00 $3,352.00 $2,044.00 $3,864.00 $2,044.00 $3,352.00 $6,704.00 $3.768.00 $67,972.00 Final Assessment $2,667.50 $3,124.00 $2,304.50 $1,626.63 $2,596.00 $2,304.50 $4,545.75 $2,836.63 $1,820.50 $2,208.25 $2,527.25 $1,432.75 $2,524.50 $1,432.75 $2,348.50 $1,028.50 $2.838.00 $40,166.51 Following confirmation of the final assessments, the property owners will have the option of paying any portion of the assessments during the 30-day payoff period following acceptance of improvements and confirmation of assessments. If assessments are not fully paid during that time, Section 5895 ofthe Streets and Highways Code permits the City to collect the unpaid balance over a maximum period of ten years, together with interest on the unpaid principal at a maximum rate of7 percent per year. Based on the current interest rates, the City will charge 5 percent interest for a period often years. Property owners may pay the balance oftheir assessments at any time during the 30-day repayment period without penalty. This period is anticipated to commence on January 26, 2005, after the final district boundary map is recorded and Notices of Assessment are mailed to property owners and end on February 25,2005. The remaining balance will be paid on tax rolls beginning in Fiscal Year 2005-06. 12-3 · ^',\ Page 4, Item ~ Meeting Date 12/14/04 FISCAL IMP ACT: A total of $450,832 was appropriated for planning and design work from the Gas Tax fund, Community Development Block Grant, Residential Construction Tax, and Transportation Development Act funds for the construction of missing sidewalk improvements, utility underground conversion, and pavement reconstruction along Quintard Street between Third and Fourth Avenues. A total of$40,166.51 shall be the property owner's share (concrete driveway aprons) of the total construction cost. The breakdown of the funding sources for this project are shown below. Funding Source Budget AcrualArnountSpent from Funding Source Gas Tax $245,882.00 $202,070.00 Community Development Block Grant (CDBG) $97,836.00 $97,836.00 Residential Construction Tax (RCT) $57,164.00 $57,164.00 Transportation Development Act (IDA) $49,950.00 $49,950.00 Total $450,832.00 $384,093.00 There are some minor staff time costs in the amount of $5,667.21 not yet posted to the project, however, it will not exceed the available balance budgeted. In addition, the amount of$40,166.51 received from the property owner's share win reimburse the Oax Tax fund. Attachments: A. Resolutions 2003-093, 2003-094, 2003-095, 2003-096 B. Resolution 2003-178,2003-179 C. Resolution 2003-305 D. Notice of Completion, recorded on June 8, 2004 E. Engineer's Report J:\General Services\GS Administration\Council Agenda\Quintard St Assessment\Quintard Street Const Al13.jcm.doc 12-4 Attachment A RESOLUTION NO. 2003-093 RESOLUTION OF THE CITY COUNCIL OF TIm CITY OF CHULA VISTA ACCEPTING A PETITION REQUESTING THE FORMATION OF AN ASSESSMENT DISTRIcr TO INCLUDE A PORTION OF QUINTARD STREET FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET IMPROVEMENTS . WHEREAS, the City Council of the City of Chula Vista, California, has been presented and bas received a petition from certain property owners requesting the installation of certain improvements, including cwb, gutter, sidewalk and street improvcments on Quintard Street betwcen Third and Fourth Avenues, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authoñty of Chapter 27 of the ''Improvement Act of 1911", being Division 70f the Streets and Highways Code of the State of California; and WHEREAS, such petition requests that such improvements be financed through the formation of an assessment district pursuant to the provisions of Chaptcr 27, such assessment district to be known and designated as Assessment District No. 2002-1 (Ouintard Street) (the "Assessment District"). NOW, TIlEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. It is hereby found that: A. Such petition has been signed by the owners owning land constituting more than sixty percent (60%) of (i) the front footage of the unimproved portion of the block requested by such owners to be improved and (ii) all assessable land proposed to be included within the boundaries of the Assessment District. B. Such petition meets aU of the requirements of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and Highways Code of the State of California (the "Investigations Act''). SECTION 3. No further proceedings or limitations under the Investigations Act shall be applicable to these proceedings. SECTION 4. This petition shall be as a part of the record of these proceedings and shall be open to public inspection as required by law. 12-5 Resolution 2003-093 Page 2 Presented by Approved as to form by ~'?-vI!~ . Swanson En eering Director Cr-.-~ Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of March, 2003, by the following vote: AYES: Councilmernbers: Davis, Rindone, Salas, McCann and Padilla NAYS: Counci1mernbers: None ABSENT: Councilmembers: None ATI'EST: Æ~¿¡o?L¿L - ~d...u~c::.:-.J £J_ J Susan Bigelow, City Oefk' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHUI.A VISTA ) I, Susan Bigelow, City Oerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-Q93 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of March, 2003. Executed this 4th day of March, 2003. - lu..LL.'Í3:q-~ Susan Bigelow, City Clei]( 12-6 RESOLUTION NO. 2003-094 RESOLUTION OF THE CITY COUNCIL OF 1HE CITY OF CHUIA VISTA ADOPTING A MAP SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICI' NO. 2002-1 (QUINTARD STREE1) WHEREAS, the City Council of the City Of Chula Vista, California, has been presented and has, received a map showing and describing the boundaries of the area proposed to be assessed in an assessment district under the provisions and authority of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California; said assessment district known and designated as Assessment District No. 2002-1 (Quintard Street) (the U Assessment District"). NOW, TIIEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. A map showing the boundaries of the proposed Assessment District and lands and property to be assessed to pay the costs and expenses of the proposed acquisition of certain public improvements designated as ''Proposed Boundaries of Assessment District No. 2002-1 (Quintard Street)" is hereby submitted, and the same is hereby approved and adopted. SECTION 3. The original map of the boundaries of the proposed Assessment District and one copy thereof is to be filed in the office of the City Oerk. SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map of the Assessment District, evidencing the date and adoption of this resolution, and within fifteen (15) days after the adoption of the resolution fixing the time and place of hearing on the formation or extent of the Assessment District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and form provided in Section 3111 of the Streets and Highways Code of the State of California. Presented by Approved as to form by ~~~~ Engmeering Director CA~ Ann Moore City Attorney 12-7 Resolution 2003-094 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of March, 2003, by the following vote: AYES: Counci1members: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None A1TEST: rYJJL dilla, Mayor ~ .'J3~()~.-- Susan Bigelow, City Clétk STATE OF CALIFORNIA ) COUNrY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-094 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of March, 2003. Executed this 4th day of March, 2003. - ~d....l. ~ J'{~ Susan Bigelow, City ClerIt-' 12-8 RESOLUTION NO. 2003-095 RESOLUTION OF THE CITY COUNCIL OF 1HE CITY OF CHUIA VISTA ORDERING THE INSTAUATION OF CERTAIN IMPROVEMENTS ON QUlNTARD STREET, APPROVING THE PREUMlNARY ASSESSMENT ENGINEER'S REPORT, SETI'ING THE TIME AND PLACE FOR A PUBUC HEARING, AND ORDERING THE INI11ATION OF BALLOT PROCEEDINGS WHEREAS, the City Council (the "City Council) of the City of Chula Vista (the "City"), California, has been presented and has received a petition from certain property owners requesting the installation of certain improvements, including curb, gutter, sidewalk and street improvements on Quintard Street between Third and Fourth Avenues, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 ("Chapter 27")of the "Improvement Act of 1911 ", being Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, the City Council, acting in response to such petition, desires to initiate proceedings to order the installation of such sidewalk improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Actj (Chapter 27, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law") to form an assessment district for the purpose of financing the cost of the installation of certain of those improvements, such assessment district to be known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment District"); and WHEREAS, there has been prepared and filed with this legislative body a report (the "Report") of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed Assessment District as provided for in and required by the Assessment Law and the Report has been presented to this legislative body for its consideration. NOW, THEREFORE, BE IT RESOLVED AS FOILOWS: SECIlON 1. Recitals. The above recitals are all true and correct. SECIlON 2. Description of Improvements. The public interest and convenience requires, and this City Council hereby orders the installation of the following public improvements (the "Improvements": Curb, gutter, sidewalk and street improvements on Quintard Street between Third and Fourth Avenues, together with appurtenances and appurtenant work in connection therewith. SECTION 3. Plans and Specifications. All of the Improvements shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans and specifications for such Improvements designated by the name and number of the Assessment District which are on file in the office of the Director of Public 12-9 Resolution 2003-095 Page 2 Works. For all particulars as to the alignment of the Improvements and a full and detailed description of such improvements, referenced is hereby made to such plans and specifications. SECTION 4. Area of Special Benefit. In the opinion of this City Council, certain of the Improvements, namely the curb, gutter and sidewalks, will be of general benefit to properties located both within and outside the proposed Assessment District. The driveway aprons, however, will be of special benefit to the abutting and fronting properties. It is the intention of this City Council to make the expenses of the construction of such driveway aprons assessable upon such properties within the proposed boundaries of the Assessment District. For a general description of the Assessment District and area of special benefit, reference is made to the map of the boundaries of the Assessment District identified as "Proposed Boundaries of Assessment District No. 2002-1 (Quintard Street)". A copy of such map is on file in the office of the Director of Public Works and open to public inspection during normal office hours of such department. It is the further intention of this City Council that the cost of the construction of the Improvements representing the general benefit to be conferred by such Improvements shall be paid for by a contribution from the City. SECTION 5. Construction of the Improvements. This City Council hereby orders the Superintendent of Streets to cause the construction of the Improvements. The Superintendent of Streets shall first give notice pursuant to the provisions of Chapter 27 to the owners of properties served by driveway aprons of their right to construct such driveway aprons and thereby avoid the levy of an assessment to finance such construction. Such notice shall specify that if the construction of such driveway aprons is not commenced within 60 days after such notice is given and diligently and without interruption prosecuted to completion, the Superintendent of Streets shall cause such construction to be done together with the construction of the remainder of the Improvements. SECTION 6. Authority for Construction. All of the construction proposed shall be done and carried through and financed pursuant to the provisions of Chapter 27. SECTION 7. Approval of the Report. The Report referred to herein above is adopted, passed upon, and preliminarily approved, and contains the following: A. A description of the Improvements to be constructed; B. The plans and specifications for the Improvements proposed to be constructed; C. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the Improvements and of the incidental expenses in connection therewith contained in the Report. Such estimate shall include (a) that portion of such costs and expenses representing the general benefit to be conferred by such Improvements and (b) that portion of such costs and expenses representing the special benefit to be conferred by such the driveway aprons on those parcels within the Assessment District to be served by such driveway aprons; D. The diagram showing the Assessment District and the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of this resolution, each of which subdivisions have been given a separate number upon such diagram, as contained in the Report; and E. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the driveway aprons to be constructed, and of the 12-10 . Resolution 2003-095 Page 3 incidental expenses thereof, as contained in the Report if such driveway aprons are not constructed by such property owners. The Report shall stand as the Report of the Assessment Engineer for the purpose of all subsequent proceedings had pursuant to the Assessment Law. SECTION 8. Notice of Public Hearing. Notice is hereby given that a public hearing to consider protests to the proposed aSSC'~sments is hereby scheduled to be held at the City Council meeting room of the City of Chula Vista located at 276 Fourth Avenue, Chula VISta, California on May 6, 2003 at 4:00 pm. As such public hearing, the City Council will hear and pass upon objections or protests, if any, which may be raised orally or in writing by any property owner or any other interested person. In addition, pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parcel located within the Assessment District and subject to a proposed assessment Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such assessment ballots must be received by the City Oerk at the following address at or before the time set for the close of the public hearing: City Oerk, City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 An assessment ballot received after the close of the public hearing will not be tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before the date of the public hearing. At the conclusion of the public hearing, the City Council shall cause the final tabulation of the assessment ballots timely received. If a majority protest exists, the City Council shall not impose an assessment within the Assessment District. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the Assessment District exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 9. Order to Provide Notice. The City Qerk is hereby directed to mail or cause to be mailed notice of the public hearing and the adoption of this and of the filing of the Report, together with the assessment ballot materials, to the record owner of all real property proposed to be assessed. 12-11 Resolution 2003-095 Page 4 Presented by Approved as to form by ~~~ CA.-~~ Ann Moore City Attorney PASSED, APPROVED, and ADOP1ED by the City Council of the City of Chula Vista, California, this 4th day of March, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: CounciImembers: None ABSENT: Councilmembers: None ATfEST: K9~ la, Mayor -~A-,~J~ Susan Bigelow, CitY OeiP STA1EOFCALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-095 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of March, 2003. Executed this 4th day of March, 2003. ~ t.u.-¿. 9~ Susan Bigelow, City Clerk 12-12 RESOLUTION NO. 2003-096 RESOLUTION OF THE CI1Y COUNCIL OF TIlE CI1Y OF CHULA VISTA TRANSFERRING $55,000 FROM CAPITAL IMPROVEMENT PROJECI' DR-127 TO STL-285 (QUlNTARD STREET) TO FINANCE PRECONSTRUcrrON COSTS WHEREAS, the Quintard Street project consists of construction of curb, gutter, sidewalk and driveway aprons, resurfacing and widening of the existing asphalt pavement, and installation of mailboxes and streetlights along Quintard Street between Third and Fourth Avenues; and WHEREAS, the total cost of this project is estimated to be $329,882, including $309,882 for design and construction and $20,000 for planning; and WHEREAS, it is necessary to transfer $55,000 in order to finance preconstruction costs such as planning, design and surveying; and WHEREAS, it is estimated that property owners will repay $67,976 of the cost of the project. NOW, TIffiREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby transfer $55,000 from Capital Improvement Project DR-127 (Drainage Improvements - Tobias Drivel Glenhaven Way), to the new Capital Improvement Project STL-285 (Quintard Street) to finance preconstruction costs. Presented by Approved as to fonn by ø··W~~ wanson En ring Director G.-.~ Ann Moore City Attorney 12-13 Resolution 2003-096 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of March, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATI'EST: ~J:tJ¡L ~ó-Ll~~J r> ~ Susan Bigelow, City Clerk:' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHUlA VISTA ) 1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-096 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of March, 2003. Executed this 4th day of March, 2003. -- ~~€{:~ Susan Bigelow, City Clerk 12-14 Attachment B RESOLUTION NO. 2003-178 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DEClARING THE RESULTS OF THE ASSESSMENT BALLOT TABUlATION FOR ASSESSMENT DISTRICf 2002-1 (QUINTARD STREE1) AND MAKING FINDINGS PURSUANT TO CHAPTER 27 OF THE IMPROVEMENT ACT OF 1911 AND ARTICLE XIDD OF THE CONS1TI'UTION OF TIlE STATE OF CALIFORNIA WHEREAS, the City Council (the "City Council") of the City of ChuIa Vista (the "City"), California, has received a petition from certain property owners requesting the installation of certain improvements, including curb, gutter, sidewalk and street improvements and driveway aprons on Quintard Street between Third and Fourth Avenues (the ''Improvements''), together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 ("Chapter 27") of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of Calüornia; and WHEREAS, this City Council, acting in response to such petition, initiated proceedings to order the installation of the driveway aprons included among the Improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XTIID of the Constitution of the State of California ("Article XIIID'') and the Proposition 218 Omnibus Implementation Act. (Government Code Section 53750 and following) (the ''Implementation Acf') (Chapter 27, Article XIDD and the Implementation Act. may be referred to collectively herein as the "Assessment Law") to form an assessment district for the purpose of financing the cost of installation of such driveway aprons, such assessment district to be known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment District"); and WHEREAS, a report of the Assessment Engineer (the "Preliminary Assessment Engineer's Report"), required by the Assessment Law was previously presented, considered and preliminarily approved; and WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved, was prepared and contained all the matters and items called for pursuant to the provisions of the Assessment Law, including the following: A Plans and specifications of the driveway aprons; B. An estimate of the cost of the construction of the driveway aprons, including the cost of the incidental expenses, in connection therewith, including that portion of such costs and expenses representing the special benefit to be conferred by such driveway aprons on the parcels within the Assessment District; C. A diagram showing the Assessment District, which also shows the boundaries and dimensions of the respective subdivisions of land within such Assessment District, with each of which subdivisions given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the construction of the driveway aprons upon the several divisions of land in the Assessment District in 12-15 Resolution 2003-178 Page 2 proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by such driveway aprons. Such assessment refers to such subdivisions upon such diagram by the respective numbers thereof; and E. A description of the Improvements including the driveway aprons. WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated, all in the manner provided by the Assessment Law; and WHEREAS, at this time this City Council determines that the assessment ballots received by the City in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. RECITALS. The above recitals are all true and correct. SECTION 2. ASSESSMENT BALLOT TABUlATION. The assessment ballots submitted pursuant to the Assessment Law in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots submitted in opposition to such proposed assessment and similarly weighted and it is therefore determined that a majority protest pursuant to Assessment Law to the levy of the proposed assessments does not exist. SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary Assessment Engineer's Report and the testimony and other evidence received at the public hearing, it is herebydetenrnnedthat A. All properties within the boundaries of the Assessment District to be assessed receive a special benefit from the driveway aprons; B. The proportionate special benefit derived by each parcel proposed to be assessed has been detennined in relationship to the entirely of the cost of construction of the driveway aprons; C. No assessment is proposed to be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit to be conferred on such parcel from the driveway aprons; D. Only special benefits have been assessed; and E. There ate no parcels which are owned or used by any agency as such term is defined in Article XIIID, the State of California or the United States that specially benefit from the driveway aprons. SECTION 4. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the completion of the construction of the driveway aprons, the Superintendent of Streets is ordered to prepare and file with this City Council a Final Assessment Engineer's Report that shall contain all of the 12-16 Resolution 2003-178 Page 3 infonnation contained in the Preliminary Engineer's Report modified to reflect the actual cost of construction of the driveway aprons. SECTION S. NOTIŒ OF COST OF CONSTRUCTION. Upon the completion of the construction of the driveway aprons and the preparation of the Final Assessment Engineer's Report, the Superintendent of Streets shall cause notice of the cost of the construction of the Driveway aprons to be given in the manner specified in Chapter 27. Such notice shall specify the time and place when this City Council will hear and pass upon the Final Assessment Engineer's Report, together with any protests or objections, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and other interested persons. SECTION 6. PUBliC HEARING. At the time and place of the public hearing, this City Council will hear and pass upon the Final Assessment Engineer's Report, together with any protests or objections, if any, which may be raised by any property owner liable to be assessed for the cost of such construction and other interested persons. Upon the conclusion of sµch public hearing, this City Council may make such revision, corrections or modifications in the Final Engineer's Report as it may deem just; provided, however, this City Council may not increase the assessment proposed to be levied on any parcel above the amount proposed in the Preliminary Assessment Engineer's Report (the "Preliminary Assessment'') without first providing the opportunity for the owner or owners of any parcel for which the assessment is proposed to be increased to express such owner or owners support for or opposition to such increase in assessment through an assessment ballot proceeding undertaken pursuant to the Assessment Law. No Preliminary Assessments may be increased if, following such assessment ballot proceeding, this City Council determines that a majority protest to such increase is found to exist. Presented by Approved as to form by ~~~ ~~=~g Director G-~ Ann Moore City Attorney 12-17 Resolution 2003-178 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of May, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATIEST: ,-=-</.) J (lJ. ~'Y', ~ 0_ Susan Bigelow, City ClerkJ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-178 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of May, 2003. Executed this 6th day of May, 2003. "":- ;¡Jl&.t~~/.'~~ Susan Bigelow, City Clerk ð 12-18 RESOLUTION NO. 2003-179 RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF CHUlA VISTA TRANSFERRING $174,882 FROM CAPITAL IMPROVEMENT PROmCf STL-267 AND $100,000 FROM DR-127 TO STL-285 (QUINTARD STREET) TO FINANŒ CONSTRUCTION COSTS WHEREAS, on March 4, 2003 the City Council adopted Resolution Nos. 2003-093, 2003-094, 2003-095 and 2003-096 which accept the petition, approve the proposed boundary map and preliminary Assessment Engineer's Report, appropriated $55,000 to finance preconstruction costs; and WHEREAS, this City Council, acting in response to such petition, initiated prooeedings to order the installation of the driveway aprons included among the Improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the ''Implementation Act") (Chapter 27, Article XIIID and the Implementation Act may be referred to collectively herein as the "AssessU'ent Law") to form an asse~ent district for the purpose of financing the cost of installation of such driveway aprons, such asst'osment district to be known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment Districf'); and WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full hearing has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated, all in the manner provided by the Assessment Law; and WHEREAS, at this time this City Council determines that the assessment ballots received by the City in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist. NOW, TIIEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the resolutions making findings at the public hearing pursuant to Chapter 27 of the Improvement Act 1911 ("the Block Acf') and transferring $274,882 to STL-285 to finance construction costs. Presented by Approved as to form by æß~~ÁflJ>/JØ ~Šwanson Engineering Director G~~ Ann Moore City Attorney 12-19 Resolution 2003-179 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of May, 2003, by the following vote: AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: -.<=:>f...u A. . --:==:::.' ð r J.J. x- ~C'Y.... ...... Susan Bigelow, City ClerIò STATE OF CALIFORNIA ) COUNfY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Qerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-179 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of May, 2003. Executed this 6th day of May, 2003. ~-~j)....l Lt. ~\ý~()~ Susan Bigelow, City ClerkD· 12-20 Attachment C RESOLUTION NO. 2003-305 RESOLUTION OF TIlE CITY COUNCIL OF TIm CITY OF CHUlA VISTA ACCEPTING BIDS AND AWARDING CONTRACI' FOR THE QUlNTARD STREET IMPROVEMENTS, BE'IWEEN ORANGE AVENUE AND THIRD AVENUE IN TIm CITY OF CHUlA VISTA (pROrner STL-285), AND TRANSFERRING FUNDS FOR PROmer CONSTRUCTION WHEREAS, on Wednesday, Iune 11, 2003, the Director of Engineering received the folowing eleven sealed bids for the Quintard Street improvements, between Orange Avenue and Third Avenue in Chula Vista (Project STL-285): CONTRACI'OR 1. Star Paving, Inc., San Diego, California 2. Scheidel Contracting & Engineering, Ine. La Mesa, CA 3. MJ.C. Construction, Chula VISta, CA 4. HTA Construction, La Mesa, CA 5. SRM Contracting & Paving, San Diego, CA. 6. I.D. Paving, Inc., San Marcos, CA 7. Heffler Company, Inc., National City, CA 8. ABC Construction Co., Inc. San Diego, CA 9. Hanson SJH Construction, San Diego, CA 10. Tri-Group Construction, Poway, CA 11. T.B. Penick & Sons, Ine. San Diego, CA BID AMOUNT $206,29150 $229,376.25 $233,654.00 $246,865.00 $249,40950 $262,543.38 $265,612.15 $273,942.92 $281,820.07 $308,172.00 $452,833.16 WHEREAS, the total low bid from Star Paving, Inc., is $49,488.50 (19%) below the &gineer's estimate of $255,780.00; and WHEREAS, Engineering staff checked the references that the contractor submitted and their work has been satisfactory; and WHEREAS, Star Paving, Ine. has also completed several Capital Improvement Program (CIP) projects for the City with satisfactory results; and WHEREAS, staff has review~ the low bid and is recommending awarding a $206,291.50 contract to Star Paving, Inc. of San Diego, California; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Oass 1 categorical exemption pursuant to Section 15301 of the State 12-21 Resolution 2003-305 Page 2 California Environmental Quality Act (CEQA) Guidelines; thus, no further environmental review is necessary; and WHEREAS, the contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women-owned business requirements were necessary as part of the bid documents. However, the "Notice to Contractors" was sent to various trade publications in order to encourage disadvantaged businesses to bid on the project; and WHEREAS, funding for this project includes $155,000 in Community Development Block Grant (CDBG) funds, which stipulates prevailing wade construction labor; and WHEREAS, $35,738 in CDBG funds have already been expended to date for allowable staff and design costs related to the Quintard Street project; and WHEREAS, to avoid the expense and delay of having to re-bid the project with a prevailing wage requirement, staff suggests that the CDBG funds from the Quintard Street project (STL-285) be transferred to another project (STM-354) and replaced with Residential Construction Tax funds (ReI) transferred from that project. NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista does hereby accept the bids and award the contract in the amount of $206,291.50 to Star Paving, Inc. of San Diego, California for the Quintard Street improvements, between Orange Avenue and Third Avenue in the City of Chula Vista (project STL-285); and BE IT FURTIŒR RESOLVED that $119,262 in RCI' funds shall be transferred from the North Broadway Basin Reconstruction project (STM-354) into project STL-285; and $119,262 CDBG funds shall be transferred from project S'IL-285 into the North Broadway Basin Reconstruction project. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said contract on behalf of the City of Chula Vista. Presented by Approved as to foan by ~~ EnJfll~~~fct:r CÀ ~51- Ann Moore City Attorney 12-22 Resolution 2003-305 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 22nd day of July, 2003, by the following vote: AYES: Counci1members: Davis, McCann, Rindone, Salas and Padilla NAYS: CounciImembers: None ABSENT: Councilmembers: None A':TEST: ~~ Itltry..£t ¿ r.fohMC Donna Norris, ABsism5t¡ City Clerk S':"ATE OF CALIFORNIA ) COUNfY OF SAN DIEGO ) CITY OF CHUlA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2003-305 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 22nd day of July, 2003. Executed this 22nd day of July, 2003. Jh..t.<1... JÇM.4A'.I Donna Norris, ~~t City Clerk 12-23 Attachment D RESO # 2003-305 PROJECT # STL-285 THE üF~IGINHL ûF THIS DOCUMfNT WAS ~fCORDED ON ,JON 08, 2004 mJCUMENT NUMBER 2004-0534138 Gi\fGOF:V ,J. SMITH, COUNTY KfCüRDER SAN DIEGO COUNTY REGORDER!S DFFICE HI{: 12:48 PM WHEN RECORDED MAIL TO: City of Chula Vista City Clerk 276 Fourth Avenue Chula Vista, CA 91910 SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The undersigned is OWNER or agent of the OWNER of the interest or estate stated below in the property hereinafter described. 2. The FULL NAME of the OWNER is The City of Chula Vista 3. The FULL ADDRESSS of the OWNER is 276 Fourth Avenue, Chula Vista, CA 91910 4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In fee. 'IN FEE' (If other than fee, strike "in fee" and insert, for example. "purchaser under contract of purchase," or "lessee. ") 5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS or as TENANTS IN COMMON are: NAMES ADDRESSES NONE 6. The fuB names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to: NAMES ADDRESSES NONE 7. A work of improvement on the property hereinafter described was COMPLETED June 2, 2004 8. The work of improvement completed is described as follows: Quintard Street Improvements from Orange Ave. to Third Ave. in the City ofChuIa Vista, CA 9. The NAME OF THE ORIGINAL CONTRACTOR, if any. for such work of improvement is Star Paving 10. The street address of said property is Quintard Street from Orange Ave. to Third Ave. ithe City of Chula Vista, CA 11. The property on which said work of improvement was completed is in the City of CHULA VISTA, County of SAN DIEGO, State of California, and is described as foBows: (continued on reverse side) 12-24 Form 1054 (1/94) Page 1 of2 REQUEST FOR NOTICE OF COMPLETION Date: / ~1~/~¿J To: , Senior Office Specialist Munithbert, Civil Engineer - &2LX ,,{/&E7v'~ / I Via: From: ',",-,> RE: Project Name: Project No.: . Public Works Inspector ,.. ({Jc//~ÞY~ s;=~ þ~i/£ß£Ä/7T I' ~ ~~ Â-2=.'/è /H.r4 4Æ. /'µ '/ hE. &y ù=- êÞ..,<.4 f{ø.-4 57L' z¿3S- The above referenced project was completed on &.1,4ji Please prepare and file a Notice of Completion with the County Recorder. ~ ~(Ó /(<f/OY Muna Cuthbert (date) Civil Engineer The Notice of Completion was filed on: G/g/oy I 15ec<./-,¡'l. Dfr...d", Senior Office Specialist (H:HOMEIENGRIINSPECTlFORMSIREQUEST NOC.DOC) 12-25 Updated 5/27/2004 Attachment E ENGINEER'S REPORT QUINTARD STREET SIDEWALK IMPROVEMENTS 1911 ACT ASSESSMENT DISTRICT AD 2002·1 AUGUST 2,2004 12-26 ----_._.._._-~._.__.._-------_._~. Back!!round Quintard Street between Third and Fourth Avenues in Chu1a Vista is a residential street with an 80-foot width of right-of-way. It connects at a diagonal to Orange Avenue near its intersection to Fourth Avenue. The South Chula Vista Library is located at this intersection. Existing improvements generally consist of asphalt concr~te pavement with gravel shoulders. There are full street improvements (curb, gutter and sidewalk) at 1388 El Lugar Street (at Quintard Street) and adjacent to all properties on the north side of Quintard between El Lugar and Third Avenue. Additionally, two properties on the south side of Quintard Street, 317 Quintard and 1408 Third Avenue, have full improvements. In December 2001 sixteen Quintard Street property owners submitted a petition to the City requesting the initiation of proceedings to form an assessment district in accordance with the Improvement Act of 1911. This district would finance the construction of the missing curb, gutter and sidewalk and other street improvements on the north and south sides of Quintard Street. The City currently has a policy regarding participation in 1911 Block Act proceedings. According to this policy, the City will provide all engineering, inspection, and administrative services at no cost to the property owners. It is the City's responsibility to relocate or replace all existing public improvements, which would be in conflict with the new improvements, including utilities. Additionally, due to the use of Quintard Street as an access road to the South Chula Vista Library, the City has decided to pay for costs associated with construction of the additional shoulder and the curb, gutter and sidewalk. These costs would not be assessed to the property owners. 2 12-27 Overall Desi1!n and Cost Estimate The project area and general location of improvements are shown on the Assessment Diagram for Assessment District 2002-1, Quintard Street. The properties, which will benefit from these improvements and would be a part of the district are as follows: Address 315 Quintard Street 325 Quintard Street 333 Quintard Street 341 Quintard Street 347 Quintard Street 353 Quintard Street 354 Quintard Street 357 Quintard Street 360 Quintard Street 364 Quintard Street 365 Quintard Street 366 Quintard Street 369 Quintard Street 372 Quintard Street 374 Quintard Street 385 Quintard Street 392 Quintard Street Parcel Number 623-050-13-00 632-050-01-00 623-040-09-00 623-040-16-00 623-040-06-00 623-040-05-00 619-290-55-00 623-040-03-00 619-290-86-00 619-290-87-00 623-040-02-00 619-290~52-00 623-040-02-00 619-290-51-00 619-290-50-00 623-040-01-00 619-290-49-00 The improvements included within this district consist of the reconstruction of the asphalt concrete pavement section, construction of monolithic curb, gutter and sidewalk, and installation of streetlights and new mailboxes. The five-foot wide sidewalk was constructed to match the existing sidewalk at the intersection of Quintard Street and Orange Avenue. Where driveways were located, a driveway apron was constructed to provide a transition between the street, the sidewalk and the driveways. In addition to the street and sidewalk improvements, the City had coordinated with the utility companies for the underground relocation of all overhead utilities along Quintard Street. This work was conducted prior to the construction of street improvements. The total estimated construction cost was $239,882, including the City's share. The lowest bid for this project was $206,291.50, as shown on Table 1. The amount allocated to the property owners was estimated at $67,976, which included only the cost of constructing the driveway aprons. 3 12-28 Method of Apportionment Costs must be apportioned to each property in proportion to the benefit received by that property. In apportioning the cost of street improvements, it can generally be assumed that the property adj acent to the improvements will receive the direct benefit. The adjacent properties would be most likely to use the improvements, particularly with respect to the driveway aprons. Additionally, construction of street and sidewalk improvements generally results in increased property values for the adjacent residences. For this project, the City agreed that the sidewalks and street improvements should be financed by the City due to the use of the street and sidewalk as a general public route to the South Chula Vista Library. It is generally the City's policy to pay for replacement of existing improvements and City staff costs related to planning, design, surveying and construction inspection. Therefore, the only cost that was to be paid by the property owners is the cost of constructing the driveway aprons. This is Item #5 on the cost estimate, 6" PCC Driveways, and has a total estimated cost of$67,976. Only those properties, which would benefit from the new driveway aprons fronting Quintard Street were included in the assessment district. Thus 398 Quintard Street, which has direct access to Fourth Avenue, was excluded. Similarly, 394 and 396 Quintard Street were excluded from the district because field inspections indicated that these residents were crossing a gravel area adjacent to Orange Avenue. The cost for driveways used by two properties was split between these properties. The most unusual situation pertaîns to the property at 364 Quintard (APN 619-290-87-00), which does not front Quintard Street. However, access to this parcel is provided by a long driveway to the west side of the property at 360 Quintard (APN 619-290-86-00). Therefore, a portion of the driveway apron at this location was allocated to 364 Quintard based on the width of the asphalt driveway. The breakdown of construction costs among the seventeen properties within the district is shown on Table 2. For each property, the square footage of driveway apron was individually calculated. The calculation was broken into two parts: the actual driveway and the wing area on each side of the driveway, which provides a transition between the driveway and the sidewalk. 4 12-29 The amounts to be assessed to the property owners based on the final construction costs can thus be compared to the amounts estimated in the Preliminary Engineer's Report as follows: Address 315 Quintard Street 325 Quintard Street 333 Quintard Street 341 Quintard Street 347 Quintard Street 353 Quintard Street 354 Quintard Street 357 Quintard Street 360 Quintard Street 364 Quintard Street 365 Quintard Street 366 Quintard Street 369 Quintard Street 372 Quintard Street 374 Quintard Street 385 Quintard Street 392 Quintard Street TOTAL Parcel Number 623-050-13-00 632-050-01-00 623-040-09-00 623-040-16-00 623-040-06-00 623-040-05-00 619-290-55-00 623-040-03-00 619-290-86-00 619-290-87-00 623-040-02-00 619-290-52-00 623-040-02-00 619-290-51-00 619-290-50-00 623-040-01-00 619-290-49-00 Preliminary Assessment $3,768.00 $3,928.00 $3,224.00 $5,764.00 $3,516.00 $3,352.00 $6,480.00 $3,720.00 $5,944.00 $3,148.00 $3,352.00 $2,044.00 $3,864.00 $2,044.00 $3,352.00 $6,704.00 $3.768.00 $67,972.00 Final Assessment $2,667.50 $3,124.00 $2,304.50 $4,019.13 $2,596.00 $2,304.50 $4,545.75 $2,836.63 $4,169.00 $2,208.25 $2,527.25 $2,044.00 $2,524.50 $1,432.75 $3,352.00 $1,903.00 $2.838.49 $47.396.75 The Preliminary Assessment amounts were included on the ballots submitted to the property owners and tallied in accordance with Article XIIID of the Califomia Constitution. 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'" 'r ., o o '" ~ , o û 1ii ,S w => Z W ~;;C Zw w'" ~~ 00 !J:" ~~:ß f-WN 1±1ž2 "'w", t;~ "" ~~ Zf- 5z OW W ~ W '" jj :¡: " o o ¡¡ ~ . § 0 . " u. Ci5 U) -E -g a:: - :J III @ -g -g.s æ ~~~ :g .s _<.J III rrj ~~I ~ ~ u.~új s-~ ~j Õ.s CI),g-e ~ c:: 111_ C:::J 8 ,g'fi~8ü ~CQBaðESlffi II~tí~~'Ë zzc:: a..1-:E " " , -=.~ Os ~B 0" .", ~'" ,~ ",- '" ~ l o = . ;jj ! I I ¡¡ . õ' o!: ò z _N(')~1n '" ~ ;:~~ ~~ ~~~~ . m 12-36 RESOLUTION NO.2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FILING OF ENGINEER'S REPORT BY THE CITY ENGINEER ON THE COST OF CONSTRUCTION AND SETTING JANUARY 25, 2005 AT 6:00 P.M. AS THE DATE AND TIME OF A PUBLIC HEARING ON ASSESSMENT DISTRICT 2002-01 (QUINTARD STREET) WHEREAS, on July 22,2002, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XITID of the Constitution of California ("Article XITID"), Council adopted Resolution No. 2003-305 awarding a contract in the amount of$206,291.50 to Star Paving, Inc. of San Diego for the construction of sidewalk improvements on D Street between Third Avenue and Landis Avenue; and WHEREAS, on March 4, 2003, Council adopted Resolutions 2003-093, 2003-094, and 2003-095 (Exhibit "A"); and WHEREAS, Resolution 2003-093 accepted a petition signed by the property owners along Quintard Street for the formation of an assessment district pursuant to the Block Act to finance the construction of missing sidewalk improvements along Quintard Street; and WHEREAS, Resolution 2003-094 approved the proposed district boundary map; and WHEREAS, Resolution 2003-095 declared the intent to form Assessment District No. 2002-1, ordered the installation of certain improvements on Quintard Street, approved the Preliminary Assessment Engineer's Report, set the public hearing for May 6,2003, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on May 6, 2003, Council held a public hearing on the Quintard Street sidewalk improvements wherein Council adopted Resolution No. 2003-178 {Exhibit "B''); which ordered the installation of improvements in accordance with Article XITID of the California Constitution; and WHEREAS, on July 22, 2003, Council adopted Resolution No. 2003-305 (Exhibit "c'') awarding the contract for construction of sidewalk improvements on Quintard Street to Star Paving, Inc.; and WHEREAS, staff received a grant for Transportation Development Act (TDA) funding from the San Diego Association of Governments (SANDAG), which funds can only be used to finance the construction of sidewalks and design and advertising costs directly related to sidewalk construction; and WHEREAS, staff has completed the accounting of the expenditures and apportiomnent to property owners as shown in the attached Engineer's Report (Exhibit "D"). This report amends the 1 12-37 Preliminary Engineer's Report adopted by Council on March 4, 2003; and WHEREAS, upon confirmation of the final assessments, property owners will have the option of paying any portion of the assessments during the 30-day payoff period. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the filing of the Engineer's Report on the cost of construction, a copy of which will be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council does hereby set January 25,2005 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, Califomia as the date and time for the public hearing on Assessment District 2002-1 (Quintard Street). Presented by Approved as to form by £ò.-"¿ ~ Ann Moore CityAttorney Jack Griffin Director of General Services J:\Attomey\reso\Finance\Accept filing Engineers Report 2002-1 2 12-38 RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST AND FINANCING PERIOD APPLIED TO DEFERRALS FOR ASSESSMENT DISTRICT 2002-1 WHEREAS, on July 22,2003, pursuant to Chapter 27 of the Improvement Act of 1911 (the "Block Act") and Article XllID of the Constitution of California ("Article XllID''), Council adopted Resolution No. 2003-305 awarding a contract in the amount of$206,291.50 to Star Pavjng, Inc. of San Diego for the construction of sidewalk improvements on Quintard Street between Third Avenue and Orange Avenue; and WHEREAS, the work is now complete and improvements have been accepted by the City Manager; and WHEREAS, the City funded a portion of the project cost to construct the sidewalks from a grant received from the San Diego Association ofGovemments (SANDAG) under the Transportation Development Act (TDA); and WHEREAS, the remaining construction cost of $2,950.00 are to be assessed to the property owners; and WHEREAS, staff has completed the accounting of the expenditures and apportionment to property owners as shown in the attached Engineer's Report (Exhibit "A"); WHEREAS, the following amounts will be assessed to each property owner and are based only on construction costs for the driveway aprons: Address Parcel No. Preliminary Assessment Final Assessment 315 Quintard Street 623-050-13-00 $ 3,768.00 $2,667.50 325 Quintard Street 632-050-01-00 $ 3,928.00 $3,124.00 333 Quintard Street 623-040-09-00 $ 3,224.00 $2,304.50 341 Quintard Street 623-040-16-00 $ 5,764.00 $1,626.63 347 Quintard Street 623-040-06-00 $ 3,516.00 $2,596.00 353 Quintard Street 623-040-05-00 $ 3,352.00 $2,304.50 354 Quintard Street 619-290-55-00 $ 6,480.00 $4,545.75 357 Quintard Street 623-040-03-00 $ 3,720.00 $2,836.63 360 Quintard Street 619-290-86-00 $ 5,944.00 $1,820.50 364 Ouintard Street 619-290-87-00 $ 3,148.00 $2,208.25 I 12-39 365 Ouintard Street 623-040-02-00 $ 3,352.00 $2,527.25 366 Ouintard Street 619-290-52-00 $ 2,044.00 $1,432.75 369 Ouintard Street 623-040-02-00 $ 3,864,00 $2,524.50 372 Ouintard Street 619-290-51-00 $ 2,044.00 $1,432.75 374 Ouintard Street 619-290-50-00 $ 3,352.00 $2,348.50 385 Ouintard Street 623-040-01-00 $ 6,704.00 $1,028.50 392 Ouintard Street 619-290-49-00 $ 3,768.00 $2,838.00 TOTAL $67,972.00 $40,166.51 WHEREAS, upon confumation of the final assessments, property owners will have the option of paying any portion of the assessments during the 30-day payoff period; and WHEREAS, if assessments are not fully paid during the 30-day payoff period, in accordance with section 5895 of the Streets and Highways Code, the City will charge interest at the rate of7% per armum for a period often (10) years; WHEREAS, property owners may pay the balance of their assessments at any time during the 30-day repayment period without penalty; and WHEREAS, this period will commence following recordation of the final district boundary map and when Notices of Assessment are mailed to property owners. NOW, THEREFORE, BE IT RESOLVED that the City Council of the CityofChula Vista does hereby approve the deferral of assessments and establishing the rate of interest and financing period applied to deferrals for Assessment District 2002-1. Presented by Approved as to form by Jack Griffin Director of General Services ~h~ Ann Moore CityAttorney J:\attcmey\reso\finance\deferfor Assessment Dismct2002·1 2 12-40 COUNCIL AGENDA STATEMENT Item \ ~ Meeting Date 12/14/04 ITEM TITLE: Resolution Accepting bids and awarding a contract for the "Restroom Renovation at Multiple Locations in the City of Chula Vista (CIP PR-214)" project to Precise Construction Management and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of General Services @ City Manager C;IJ. "ì" PI, (4/Sths Vote: No X ) REVIEWED BY: At 2:00 p.m. on Wednesday, November 10, 2004, the Director of General Services received sealed bids for the "Restroom Renovation at Multiple Locations in the City of Chula Vista (CIP PR-214)" project. The work consists of the demolition of existing restrooms at Los Ninos Park and Rohr Park, and construction of new restiooms including labor, material, equipment and transportation necessary to complete the proj ect. RECOMMENDATION: That Council accept the bids received and award a contract for the "Restroom Renovation at Multiple Locations in the City of Chula Vista (CIP PR-214)" project to Precise Construction Management and authorizing the Mayor to execute said agreement. BOARDS/COMMISSION: Not Applicable DISCUSSION: The project provides for improvement work within the existing Los Ninos Park located at 150 Teal Street and Rohr Park located at 4548 Sweetwater Road. The improvement work to be done includes grading, excavation and compaction, demolition of existing restroom, construction of a new ADA restroom with storage facilities and ADA accessible walkways to comply with federal law. There have been numerous repairs to the existing restrooms that should decrease with more spacious and modern facilities. The architectural services of Eric Davy Architects were retained for the preparation of the project's scope of work and plans. Eric Davy Architects has worked on several of the City's projects including the Animal Care Facility, Otay Recreation Center and most recently, the Marketplace at the Civic Center Library complex. Staff advertised the project on October 22, 2004. Staff received and opened bids on Wednesday, November 10, 2004 from four (4) contractors to perform the work as follows (listed in order of base bid amount): 13-1 Page 2, Item \ ;:;. Meeting Date 12/14/04 Contractor Base Bid Precise Construction Management $316,000 3970 Tynebourne Circle San Diego, CA 92130-1219 Randall Construction $365,352 3656 Ruffm Road, Suite D San Diego, CA 92123 LJ. Ninteman Construction Services $382,500 P.O. Box 1067 Spring Valley, CA 91979 St. Thomas Enterprises $422,000 3817 Palm Drive Bonita, CA 91902-2515 The low bid by Precise Construction Management in the amount of $316,000 is within the project's estimated cost range of $300,000 to $325,000. Environmental Status The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 2 categorical exemption pursuant to Section 15302 of the State CEQA Guidelines. Thus, no further environmental review is necessary. Disclosure Statement A copy of the contractor's Disclosure Statement is attached. Prevailinl!: Wal!:e Statement The project is being partially financed with Park Acquisition Development funds and Residential Construction Tax funds. Based on the current project funding guidelines, the contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this proj ect. FISCAL IMPACT: The tables below detail the funds required and the funds available for the projects: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount (Precise Construction Management) $316,000 B. Contingency (Approximately 15%) $47,400 C. City Oversight (Including Architects fees, staff costs, etc.) $123,325 TOTAL FUNDS REQUIRED FOR CONSTRUCTION . $486,725 13-2 Page 3, Item I =<. Meeting Date 12/14/04 FUNDS AVAILABLE FOR CONSTRUCTION A. Residential Construction Tax (RCT) $119,000 B. Park Acquisition Development (pAD) Fund $367,725 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $486,725 On May 20, 2003 staff previously requested that Council reject bids received due to lack of availability of State Recreational Grant funds. Currently, there are sufficient funds in the proj ect from the Park Acquisition Development (pAD) fund and Residential Construction Tax fund (RCT) to fully offset all costs with no impact to the General Fund. Staff is recommending that Council accept the bids and award a contract for the "Restroom Renovation at Multiple Locations in the City ofChula Vista (CIP PR-214)" project to Precise Construction Management in the amount of $316,000 and authorize Mayor to execute said agreement. Upon completion of the project, only routine City maintenance will be required. Attachment (s): Contractor's Disclosure Statement File: PR2l4 M:\General Services\GS Administratton\Council Agenda\PR214 RR Renoy - Los Ninos and Rohr Park\PR2I4 A1l3 LNR.doc 13-3 City of Chula Vista Disclosure Statement Pursuant to Coùncil Po1icy 10 1-0 1, 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 fmancial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: I. List the names of all persons having a fmancia1 interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supp1ier. ~ ~ PRECISE CONSTRUCTION MANAGEMENT 'I DC::;: G-?-J "'. r> vrT¡"'-'-" 3§ìô T'iNCBOIdRIIE CJRr.1 F ~ SAN DIEGO, CA 92130- PH: \ö~ö} T§l-6284 fA;(:(g¡¡ª) 7Q?-4'i90 ~~ www.pcmdalal.com 2. If any person* identified pursuant to (1) above is a corporation or partnership, 1ist the names of all individuals with a $2000 investment in the business ( corporation/Partnership) entity. t/lr- 3. If any person* identified pursuant to {I) above is a non-profit organization or trust, list the names of any person serving as djrector of the .non.-profit OI:ganization ·or as trustee or beneficiary or trustor oÏ1:he trust. W!-Þ- 4. Please identifY every person, including any agents, employees, consultants, or independent contractors y?~ have assigned to represent you before the City in this matt. er. tf¡A-- . 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chu1a Vista as it relates to this contract within the past 12 months? Yes_No f'/ ~/~. ~ , I3 13-4 I If Yes. briefly describe the nature of the financial interest the official*'" may have in this contract. 6. Have you made a contribution of more than~]1~ within the past twelve (12) months to a current member of the Chu1a Vista City Council? N~Yes _ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official.. of the City ofChula Vista in the past twelve (12) months? (T!:lÎs includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes _ No ~ IIYes, which official·· and what was the nature of item provided? "'M'/ lJ\ I .,.,1 ,Date: 1'1"" . _ v-r ~~ Signature of Contractor/Applicant ,/oG5-rJ ~ Print or type name of Contractor/Applicant · Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. .. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. PRECISE CONSTRUCTION MANAGEMENT 3970 TYNEBOURNE CIRCLE SAN DIEGO, CA 9213ù: n PH: (858) 792-6294 fAX: (858) 79¿-4590 www.pcmdalal.com 14 13-5 RESOLUTION NO. 2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "RESTROOM RENOVATION AT MULTIPLE LOCATIONS IN THE CITY OF CHULA VISTA PROJECT (CIP PR-214) TO PRECISE CONSTRUCTION MANAGEMENT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, on Wednesday, November 10, 2004, the Director of General Services received sealed bids for the "Restroom Renovation at Multiple Locations in the City of Chula Vista (CIP PR-214)" project; and . WHEREAS, four contractors submitted bids to perform the work as follows: Contractor Address Base Bid Amount Precise Construction Management 3970 Tvneboume Cir., San Diego, CA $316,000 Randall Construction 3656 Ruffin Rd., Ste. D, San Diego, CA $365,352 LJ. Ninteman Construction Svcs P.O. Box 1067, Snring Valley, CA $382,500 St. Thomas Enterprises 3817 Palm Drive, Bonita, CA $422,000 WHEREAS, the low bid by Precise Construction Management in the amount of $316,000 is within the project's estimated cost range of$300,000 - $325,000; and WHEREAS, staff has reviewed the low bid and recommends awarding the contract to Precise Construction Management in the amount of$316,000; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 2 categorical exemption pursuant to Section 15302 of the State CEQA Guidelines. Thus, no further environmental review is necessary; and WHEREAS, the project is being partially financed with Park Acquisition Development funds and Residential Construction Tax funds. Based on the current project funding guidelines, the contractors bidding this project are not required to pay prevailing wages to persons employed by them for the work under this proj ect; and NOW, THEREFORE, be it resolved the City Council of the City of Chula Vista does hereby accept bids and award the contract for the Restroom Renovation at Multiple Locations in the City ofChula Vista Project (CIP PR-214) to Precise Construction Management in the amount of$316,000. 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. 1 13-6 BE IT FURTHER RESOLVED that staff is authorized to expend available funds as necessary to complete the project in accordance with the agreement. Presented by Approved as to form by Jack Griffin Director of General Services J:\attomey\reso\bids\award contract Precise Construction 2 13-7 . COUNCIL AGENDA STATEMENT Item ¡ 4- Meeting Date 12/14/2004 Resolution Awarding a Purchase Agreement in the amount of $223,498 to D3 Equipment Inc., for the replacement of three tractor loader backhoes through a cooperative purchase with the City of San Diego SUBMITTED BY: Director of Public Works Operation.!, / Director of Finance V REVIEWED BY: City ManagerC\ÿ 'ìfY (4/5Vote:Yes_Nol) f'<i The City of Chula Vista is participating in a current City of San Diego bid from D3 Equipment, Inc. for the purchase of three tractor loader backhoes. The City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. There are no vendors in the City of Chula Vista that normally furnish this type of heavy equipment. ITEM TITLE: RECOMMENDATION: That the City Council award a Purchase Agreement in the amount of $223,498 to D3 Equipment, Inc., for three tractor loader backhoes. BOARD/COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: In the past, the City of Chula Vista has entered into purchasing agreements with the City of San Diego for various pieces of equipment. The three tractor loader backhoes are 2-wheel drive and are being replaced in their normal replacement cycle. The Wastewater Maintenance crews will utilize two of these backhoes. As approved during the FY03-05 two-year budget process, two of the backhoes win be upgraded to 4-wheel drive and will be used to drive up and down steep embankments to clean unlined and lined storm drain charmels and silt basins. A total of $18,600 was appropriated in the Sewer Fund for this upgrade. Street Maintenance crews will utilize the remaining backhoe. FISCAL IMPACT: The net total cost including taxes and deductions for the trade-in allowance is $223,498. Sufficient funds are available in the Equipment Replacement Budget and Sewer Fund for the replacement of these tractor loader backhoes. C:\Documents and Settings\robertb\My Documents\Bob\equipment\Al13 Backhoes FY05.doc 14-1 RESOLUTION NO. 2004-_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASING AGREEMENT IN THE AMOUNT OF $223,498 TO D3 EQUIPMENT INC., FOR THE REPLACEMENT OF THREE TRACTOR LOADER BACKHOES THROUGH A COOPERATIVE PURCHASE WITH CITY OF SAN DIEGO WHEREAS, the City of Chula Vista wishes to participate in a current City of San Diego bid from D3 Equipment, Inc., for the purchase of three tractor loader backhoes; and WHEREAS, the City of Chula Vista Municipal Code Section 2.56.140 authorizes the Purchasing Agent to participate in cooperative arrangements with other governmental agencies for the acquisition of equipment purchased through a competitive process; and WHEREAS, the three tractor loader backhoes are being replaced in their normal replacement cycle; and WHEREAS, the City's Purchasing Agent has made the determination that the procedure used in awarding the backhoes was highly competitive and consistent with good purchasing practices. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the Purchasing Agent, through a cooperative purchase with the City of San Diego, to enter into a $223,498 purchase agreement with D3 Equipment, Inc. for three tractor loader backhoes. Presented by: Approved as to form by: ::Do..- l . H-. Ann Moore City Attorney Dave Byers Director of Public Works Operations J:attorneylReso/Agreement/D3 Equipment 14-2 COUNCIL AGENDA STATEMENT Item \ S Meeting Date 12/14/04 ITEM TITLE: Resolution Reclassifying a vacant Assistant Engineer position in the Public Works Operations Department/Storm Water Management Section to an Environmental Health Specialist, establishing the new classification of Environmental Health Specialist to be represented by the Chula Vista Employees Association, and setting the salary for said new classification SUBMITTED BY: Director of Public Works Operations W REVIEWED BY: City Manager~", ,,'ì (4/5ths Vote: Yes _No...xJ As a result of a staff transfer and promotion, the Assistant Engineer position in the Storm Water Management Section has been vacant since February 2004. The NPDES permitting process has been increasingly oriented toward an emphasis on the sources and impacts of toxic chemicals, bacteria, and other pollutants in urban runoff and receiving waters and their impacts on aquatic organisms. Analysis of such topics requires knowledge of water science and analytical methods. For this reason, staff, in collaboration with the Department of Human Resources, recommends that the vacant position be reclassified as an Environmental Health Specialist, which would be a new employee classification represented by the Chula Vista Employees Association. RECOMMENDATION: That Council approve the resolution reclassifying a vacant Assistant Engineer position in the Public Works Operations Department/Storm Water Management Section to an Environmental Health Specialist, establishing the new classification of Environmental Health Specialist to be represented by the Chula Vista Employees Association, and setting the salary for said new classification. DISCUSSION: The City of Chula Vista, and 19 other municipalities and public agencies within San Diego County (collectively known as the Copermittees) are required to comply with requirements of the NPDES Municipal Permit, Regional Water Quality Control Board's Order No. 2001-01. The Public Works Operations/Storm Water Management Section is responsible for assuring the City's compliance with the NPDES Municipal Permit. The Section currently functions with one Civil Engineer, one Assistant Engineer (vacant), and two Storm Water Compliance Inspectors. Considering the workload and diversity of responsibilities of the Section, the Assistant Engineer position, which is vacant due to the promotion of the Section's Assistant Engineer to the Section's Civil Engineer, needs to be filled as soon as possible in order for the City to be able to maintain compliance with the Municipal Permit requirements and to avoid potential Notices of Violation and/or fines from the Regional Water Quality Control Board. Although it is critical to fill the vacant position as soon as possible, staff felt that it was equally important to take the opportunity to review the requirements for the position and to determine if an Assistant Engineer 15-1 Item , 5 Meeting Date 12/14/04 is still needed for the position or if another professional science discipline would meet the longer term needs and goals of the City's storm water management program. Staff determined that the emphasis of the NPDES Municipal Permit program is increasingly oriented toward watershed management and identifying the presence and sources of toxic chemicals, bacteria, and other pollutants in urban runoff and receiving waters, as well as the effect of such pollutants on aquatic organisms and the environment. Analysis of such subject matter requires knowledge of water science and analytical methods. As a result, staff and the Department of Human Resources, reco=ends that the vacant position be filled with a science-based discipline, such as Environmental Science, Chemistry, Biology, Environmental Planning, Public Health, Environmental Health, or Environmental Engineering. This recommendation has been discussed with the Western Council of Engineers and has their support. It should be noted that staff contacted other comparable agencies and requested information on their staff positions that satisfied the above requirements. The information requested included classification specifications and salary ranges. Based upon the information provided and additional research, Human Resources determined that the position title for the new classification should be "Environmental Health Specialist" and that the salary range for the position should be set at fifteen percent above the Section's Storm Water Compliance Inspector position. The Environmental Health Specialist will be represented by the Chula Vista Employees Association. FISCAL IMPACT: By reclassifying the Assistant Engineer position to the new classification, Environmental Health Specialist, in the Public Works Operations Department/Storm Water Management Section, the City will save approximately $15,000 per year in salary and benefit costs. The salary for the Environmental Health Specialist would be set at fifteen percent above the Section's Storm Water Compliance Inspector position. Attachment: Class Specification for Environmental Health Specialist H:\Public Works OperationslAll3's 2004\Environmental Health Specialist doc 2 15-2 CITY OF CHULA VISTA ENVIRONMENTAL HEALTH SPECIALIST DEFINITION To assist in the implementation of the National Pollutant Discharge Elimination System (NPDES); to perform thorough review of all development reports and plans requiring storm water quality review, including Initial Studies, Hydrology and drainage studies, Environmental Impact Reports, Water Quality technical Studies, Strom Water Pollution Prevention Plans, Tentative Maps, and other related documents; and to support the goals of the Storm Water Management Section, and assist in a wide variety of related programs and projects carried out by the Engineering Department. SUPERVISION RECEIVED AND EXERCISED Receives general supervision from an assigned supervisor. May exercIse technical and functional guidance over assigned staff. ESSENTIAL FUNCTIONS - FWlctions may include, but are not limited to, the following: Assist in the implementation of the National Pollutant Discharge Elimination System (NPDES) program, and review development proposals, designs and plans for compliance with storm water regulations, and enforce the City's Storm Water Management Ordinance. Evaluate and interpret technical reports, plans, documents, manifests, applications and permits related to environmental regulations and compliance with local, state and federal regulations. Oversee and review monitoring NPDES programs such as dry weather and wet weather mandatory programs. Coordinate with GIS staff to create, update and quality control various databases and maps that are required by the Regional Water Quality Control Board. Prepare notices of violation, compliance schedules, and cases for court action; appear in court to testify in such action. Provide instruction to public/city staff regarding codes and regulations as required by NPDES; prepare applicable state mandated reports. Write cOWlcil agenda statements, comprehensive reports, and correspondence, as required. Collect environmental samples and perform related field tests. Represent the City in meetings, workshops and technical committees; participate in regional work groups and joint activities. Page 1 of4 15-3 CITY OF CHULA VISTA Develop, maintain, and analyze databases and inventories; update the City's storm water program web page. Answer questions for the general public, contractors, developers, and others. Prepare and administer Requests for Proposals. Conduct construction, industrial, commercial, municipal, and residential inspections for storm water compliance. Organize public education workshops and community events; develop educational brochures and other materials. Respond to reported storm water violations. Build and maintain positive working relationships with co-workers, other City employees and the public using principles of good customer service. Perform other duties related to this position. MINIMUM OUALIFICA TIONS Knowledge of: Principles and practices of municipal storm water laws and legal terminology. Principles and practices of Chemistry and Biology. Methods of detection of chemical and bacteriological pollutants present in urban runoff and the effect on the environment. Pertinent, federal, state, and local codes, ordinances and regulations affecting the NPDES Permit and Storm Water Pollution Program. Water sampling techniques and laboratory analytical methods. Data analysis methods and proper use of monitoring, sampling and basic testing equipment. Safety principles and practices related to industrial waste inspections. Computer equipment and software applications related to assignment. Principles of public speaking. Page 2 of 4 15-4 CITY OF CHULA VISTA Principles of customer service and conflict resolution techniques. English usage, spelling, grammar, and punctuation. Ability to: Develop and oversee implementation of various storm water management programs. Collect environmental samples and perform field tests. Read and interpret maps and development study reports. Interpret and apply applicable codes and ordinances. Participate in regional and watershed based activities. Implement public education and outreach programs to various target audiences. Prioritize assignments and resources to respond to emergency, special or routine situations and deadlines in a timely manner Analyze and evaluate situations and take appropriate action; use independent judgment in the exercise of daily responsibilities. Prepare comprehensive reports, clear and concise logs, reports and correspondence using a computer. Communicate clearly and concisely, both orally and in writing; speak effectively before individuals and groups. Establish and maintain effective working relationships with those contacted in the course of work. Work with various cultural and ethnic groups in a tactful and effective manner. Experience and Training Any combination of education and/or experience and training that would likely provide the required knowledge and abilities is qualifYing. A typical way to obtain the knowledge and abilities would be: Experience: Three years of experience in environmental science, physical science, engineering or a related field, including one year of experience working with stonn water Page 3 of 4 15-5 CITY OF CHULA VISTA management regulations, analysis, planning, and/or implementation of environmental programs or other related environmental regulations. Training: Equivalent to a Bachelor's degree from an accredited college or university with major course work in Biology, Environmental Science, Environmental Engineering, Environmental Planning, Public HealthlEnvironmental Health, or a related field including laboratory coursework in chemistry and biology License or Certificate Valid California driver's license. PHYSICAL DEMANDS On a continuous basis, sit at a desk, walk, or stand up for long periods of time. Intermittently twist and reach office equipment; use telephone; write or use keyboard to communicate through written means; may lift up to 50 pounds; walk on uneven surfaces, kneel, stoop, bend, and climb up or down slopes while conducting field inspections and exposure to varied weather conditions. See in the normal vision range with or without correction to read typical business documents, computer screens, blueprints, and drafting plans, hear in the normal range with or without correction. WORKING ENVIRONMENT Work is performed both outdoors and indoors; the performance of fieldwork tasks requires exposure to a variety of weather conditions; work with exposure to traffic, loud noise, physical barriers and around storm water, wastewater, industrial wastes, hazardous substances, and in the immediate vicinity of laboratory chemicals and reactive agents used to analyze storm water run- off samples. Indoors work is performed in a carpeted and air-conditioned office environment with fluorescent lighting and moderate noise level. Work is frequently disrupted by the need to respond to in-person and telephone inquiries. 11/04 Page 4 of 4 15-6 . RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECLASSIFYING A VACANT ASSISTANT ENGINEER POSITION IN THE PUBLIC WORKS OPERATIONS DEPARTMENT/STORM W ATERMANAGEMENT SECTION TO AN ENVIRONMENTAL HEALTH SPECIALIST, ESTABLISHING THE NEW CLASSIFICATION OF ENVIRONMENTAL HEALTH SPECIALIST TO BE REPRESENTED BY THE CHULA VISTA EMPLOYEES ASSOCIATION, AND SETTING THE SALARY FOR SAID NEW CLASSIFICATION WHEREAS, the City of Chula Vista, and 19 other municipalities and public agencies within San Diego County are required to comply with requirements of the NPDES Municipal Pennit, Regional Water Quality Control Board's Order No. 2001-01; and WHEREAS, the Public Works Operations/Storm Water Management Section is responsible for assuring the City's compliance with the NPDES Municipal Permit; and WHEREAS, as a result of a staff transfer and promotion, the Assistant Engineer position in the Storm Water Management Section has been vacant since February 2004; and WHEREAS, the NPDES permitting process has been increasingly oriented toward an emphasis on the sources and impacts of toxic chemicals, bacteria, and other pollutants in urban runoff and receiving waters and their impacts on aquatic organisms; and WHEREAS, analysis of such topics requires knowledge of water science and analytical methods; and WHEREAS, staff recommends that the vacant position be reclassified as an Environmental Health Specialist, which would be a new employee classification by the Chula Vista Employees Association; and WHEREAS, the Environmental Health Specialist will be represented by the Chula Vista Employees Association; and WHEREAS, this recommendation has been discussed with the Chula Vista Western Council of Engineers and has their support; and WHEREAS, by reclassifying the Assistant Engineer position to an Environmental Health Specialist in the Public Works Operations Department/Storm Water Management Section, the City will save approximately $15,000 per year in salary and benefit costs; and WHEREAS, the salary for the Environmental Health Specialist would be set at fifteen percent above the Section's Storm Water Compliance Inspector position. 1 15-7 NOW, THEREFORE, BE IT RESOLVED the City Council ofthe City ofChula Vista does hereby approve the reclassification of a vacant Assistant Engineer posi tion in the Public Works Operations Department/Storm Water Management Section, establishing a new classification of Environmental Health Specialist to be represented by the Chula Vista Employees Association, and setting the salary for said new classification. Presented by Approved as to form by· ~\}:(~\\Thx~~ Ann Moore City Attorney Dave Byers Director of Public Works Operations ]\A TIORNEY\RESO\ Classification\reclassification - Environmental Health Specialist 2 15-8 COUNCIL AGENDA STATEMENT I I·' tem ib Meeting Date 12/14/04 ITEM TITLE: Resolution Approving Second Amendments and Additional One- Year Extensions of the Agreements Between (a) the City of Chula Vista and MACTEC (previously Law Crandall, a Division of Law Engineering and Environm'ental Services, Inc.) and (b) the City of Chula Vista and Testing Engineers-San Diego, Inc. for Providing Consulting Services for Materials Testing, Geotechnical, and Storm Water Monitoring Required for Various Capital Improvement Program (CIP) Projects during their Design and Construction Phases and authorizing the Mayor to Execute Amendments and Extensions to said Agreements on Behalf of the City SUBMITTED BY: Director of Public Works Operations r REVIEWED BY: City Manager~cfV (4/Sths Vote: Yes_ No.K) On April 23, 2002, the City Council adopted Resolution No. 2002-122 approving agreements with (a) Law Crandall, a Division of Law Engineering and Environmental Services, Inc. (subsequently changed to MACTEC) and (b) Testing Engineers-San Diego, Inc. for materials testing, geotechnical, and storm water consulting services required for various Capital Improvement Program (CIP) projects from April I, 2002 to December 31,2003. Each of the agreements includes provisions giving the City the option to extend the original agreement for up to two additional one-year terms. On December 9, 2003, the City Council adopted Resolution No. 2003-488 approving the first amendment and one-year extension of the agreements with both MACTEC and Testing Engineers-San Diego, Inc. Staff recommends that the City exercise said option to extend both agreements for an additional one-year term based upon said consultants' satisfactory performances. RECOMMENDATION: That City Council Adopt the Resolution Approving Second Amendments and Additional One-Year Extensions of the Agreements Between (a) the City of Chula Vista and MACTEC (previously Law Crandall, a Division of Law Engineering and Environmental Services, Inc.) and (b) the City of Chula Vista and Testing Engineers-San Diego, Inc. for Providing Consulting Services for Materials Testing, Geotechnical, and Storm Water Monitoring Required for Various Capital Improvement Program (CIP) Projects during their Design and Construction Phases and authorizing the Mayor to Execute Amendments and Extensions to said Agreements on Behalf of the City BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The construction of public works infrastructure improvements, including public right-of-way and building and parks projects, requires the use of quality materials to assure their longevity and usefulness. In order to verify that materials used in City construction proj ects meet the City's 16-1 Page 2, Item ! (::- Meeting Date 12/14/04 specifications, we obtain certifications from manufacturers and material suppliers and require supplemental testing on a project-by-project basis. The City does not have the staff or the equipment to perform this highly specialized material and soil testing and storm water monitoring in-house and it is more practical and feasible to hire a consultant on an as-needed, on-call basis for this work. The services currently provided by MACTEC and Testing Engineers-San Diego, Inc. have been performed on a contract basis by various consultants for the last fourteen years and have increased the City's ability to assure that quality materials are used in capital improvement projects. Each of the agreements with MACTEC and Testing Engineers-San Diego, Inc. includes provisions giving the City the option to extend the original agreements for up to two additional one-year terms upon mutual agreement between the City and the Consultants. MACTEC has expressed a desire to extend their agreement for an additional one year in accordance with said provision with a 4% increase in non-prevailing hourly wage rates for Building Construction Inspector and Soils Field Technician personnel. Also, Testing Engineers-San Diego, Inc. has expressed a desire to extend their respective agreement for an additional year in accordance with said provision with no increase in rates. It must be noted that MACTEC provided these same services under separate agreement from 1999 to 2001 and their rates for the Building Construction Inspector and Soils Field Technician have not changed in five years; therefore, staff has determined that the requested increase of 4% is reasonable and recommends approval of the rate increases requested by MACTEC. Public Works Operations and General Services staffs are satisfied with MACTEC and Testing Engineers-San Diego, Inc. and recommend approval of the second amendments and additional one-year extensions to the existing agreements from January I, 2005 through December 31, 2005. FISCAL IMPACT: The estimated cost of the existing agreements with MACTEC and Testing Engineers-San Diego, Inc. is $750,000 for each agreement through December 31, 2005. It should be noted that MACTEC has received approximately $460,000 in total compensation to date (2002, 2003, and 2004) and Testing Engineers-San Diego, Inc. has received $375,000 in total compensation to date (2002, 2003, and 2004). No additional appropriations are required by this action. Funding for material testing, geotechnical, and storm water monitoring consulting services are obtained from approved Capital Improvement Program (CIP) funds, and, to a smaller degree, from developer fees. There will be no expense to the City's General Fund. Attachments: Resolution No. 2002-122 - Approving Agreements Resolution No. 2003-488 -Approving First Amendment and Extension of Agreements Second Amendment and Extension of Agreements H:\Public Works OperationslAl13's 2005\MACTEC 2ND. A<lenda.doc 16-2 - RESOLUTION NO. 2002-122 RESOLUTION OF THE Cl1Y COUNCIL OF THE Cl1Y OF CHULA VISTA APPROVING AGREEMENTS WITH LAW CRANDALL, A DMSION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC., .ð.ND TESTING ENGINEERS-SAN DŒGO, INC., FOR MATERIALS TESTING, GEOTECHNICAL, AND STORM WATER. CONSULTING SERVICES, REQUIRED FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS DURING THEIR DESIGN AND CONSTRUcnON PHASES. AND AUlHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS WHEREAS, the construction of public WOIb inftastructurc improvement$ and buildings requires the use of quality materials and construction methods to assure longevity and usefuJness; and.., ,.< .,. .. .~,. _'~l' - WHEREAS, to assure that the City continues to obtain quality improvements, materials testing, and geotechnical engineering, specialty inspection services arc needed for projects built with both public and private funds; and WHEREAS, the procedures, as outlined in the City's Municipal Code for the selection of consultants, were utilized by staff in the selection of Law Crandall and Testing Engineers; and WHEREAS, the Request for Proposal (RFP) was sent to a City Bidder's List, and advertised in the Star News and San Diego Union- Tn'bune newspapc:t'S and eleven responses to the RFP were received; and WHEREAS, a Selection Committee was formed. and evaluated and rated the proposals, and narrowed them to the most qualified proponents who best responded to, and met the criteria outlined in, the RFP; and ---" WHEREAS, four of the firms were "short-listed" for oral interviews and were thereafter placed in final rank order; and WHEREAS, at the conclusion of the process, Testing Engineers and· Law Crandall ranked. the highest ~ of ability to provide all of the services requested in a timely manner an<i because of the quality and depth of their professional and technical staf&; and WHEREAs, the City bas used.. both consultants for similar services in the past and bas been satisfied with their wode; and --- WHEREAS, staff bas negotiated proposed contracts with Law Crandall and Testing Engineem-San Diego, Inc. to provide material testing (including specialty inspection), 16-3 Resolution 2002-122 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23n1 day of April, 2002, by the following vote: AYES: Councilmembers: Padilla, Rindone, Salas and Horton NAYS: Councilmembers: None ~SENT: Councilmembers: Davis JlYÅJ~l!tnz}( . Shirley Horton, ayor ATI'EST: ~htÅ. ~PI~ Susan Bigelo¥,' City Clerk fh - STATE OF CALIFORNIA ) COUNTY OF SAN DIEGo· ) CITY OF CHULA VISTA ) I. Susan Bigelow, City Clerk of Chula Vista, California, dohercby certify that the foregoing . Resolution No. 2002-122 Was duly passed, approved, and adopted by the City Council at a regular meeting ofthc Chula Vista City Council held on the 23n1 day of April, 2002. Executed this 23n1 day of April, 2002. ~"ð. ,_-'/.,2 1~ Susan Bigelow, City Clerk 16-4 STR DOCUMENT VIEW Page 1 of 1 Document Name: Reso 2003-488 lU!IIOWTION NO. 2OOS-4&5 RBSOumON OJ' T!IB CITY o;J~C¡¡. OF "I.1Œ an' 011 C8tJI.A. VISTA APPIIOVING AN AMJoNDMaNT AND QNB. YBAJI. EX'IBNSION OIlTIIB AORæMB!I'1'8 BBTWBIiN =~ <mr Of CHtJt..\ V1STA AND I.t'ACI'BC ¡¡SLy lÁW ~ A ntVWION O' LAW o AND BNVIRCNMl!NTAI.. SBRV!~~ ~'F aTY OF CHUI.A VISTA AND -SAN DII!GO. INC. !'Oil PROVIDINIJ CONSULTING SI!lWICI!S I'0Il. MA'mJ.1A1S TBS'!IN(t, GBC'I1!CIINICAI., AND IrnIIlM W ATBa NON11'OIUNO RJ3Qt.J1lIED !'OR VAiUOUS CAPITA!. IMPROVllMl!Nl' PROGRAM PRO/BC1'!l DUILJMJ T!lE[R DIiSlGN AND aJNS!'B.!ICTlON PHASES AND A!JTHOlUZl:NG 'IHII MAYOR TO exBCVI'B AMENDMBNTS AND BX'J'BNS[ON8 TO SAID AOJlEBMl!NTS ON BmAL> OF 'IHII CITY WHaJœAS. ... II¡o,Œ 2:3, :¡¡¡g:¡, .... arr CoomolJ a<Iopcad _l.b IIø. ~1~ ap¡KOOn¡ _II willi (1) LAw o.MIJl, A D_ .fú.w 1!ll¡l1IAd1ll....1iO.v!mnm_ Sonkoo, IIIe. (..b~ll~ ......011 10 IdAC1'I!C) .... (:z Tudo¡ Bop_·S.. DJoøo. ¡... Ibr _. _., 8I"'1OduI1C'*I, IJ14 1(¡)11II ".Ior ....1UJIi1ll ....,¡œ, '"'IWDId Ibr .ut'WI Cl.p¡IIlImpID'l""oœ~ (CIP)P<OJodI ~fIi AprlIl, 200: 10 D-m,,,,jl. 200>;.... WHJ!RI!oI>S, ..<II o! !hi 'II......rs Iac!_ p"~r Jlvlaa IbÞ O!:y IiID <Ipt!o. 10 _1iID orlgIlI&l .......""1I1br up 10 !WI> adl!3tloW ""..y... tmDo; i.Dd WHI.!IIIWI, bg( lllACflCand T9Ifng ~-I!mDlo&a, I... u. "'_ to ..- QW, ~'I_!of __,.... (flam J""""')' 1. »:)410 Do<occbU 31, 20(4) willl.""mcr_mmoo;o"'¡ WHBRI!A.S. 11011' __0 I!IaL ~ C!:y _.. .lid opiIœ ...1\4 opo, oaI~ comn1_'~ pm"""",,,. NOW.1HBRBPOlIB, IS IT IIBSOLVBD ÒII at¡¡ eo...,;¡ oCtbo CIty of ctoIJ& VIllI d... ÒIIOb1 .!!'P"''' _ ðm ""__ ODd ""..yur 0ItIJ01ll00'1 o~ Ibr Il1o "'_1 b_ 1M OIJ' otGwJI VI.. 1114 MACJ'SC IIIId cmlbr the .,_ b_ dW City ot 0nIJa V1IfI II1II THdO¡ Bo¡IuonoS.. DJOIo, In<. wIIld1 ~. ......tio¡ ....J... lot ",.1IIi8JB ...em,. ~"1:4a!aI, ODd mrm WIlt« ,"",,110M¡ reqW:cd "" o&rl... Cop!taI Im>rooIIIlIIIMPlOa.m (Cp) pool-....Ma Ibolrdo&lþ IOI! ooO/hudiol1~. BB rr JlURD!BK IIBIIOLVB!) !bat 1he M.,.. II hereby ~ 10 -..... IOdd "",__1IId IOCIoIIIIœt to Nld _" on boholfoffho Cit¡.. ~~ AppIOVOdll 1011"", by .&~~V ,~.~ CltyMomoy 16-5 11 /04/2004 STR DOCUMENT VIEW - - Document Name: Reso 2003-488 _1m... 2003...88 P>ge 1 PASIiBD, APPROVED, ami ADOP11!I) b, lito ar¡ eo..c:ð C1! IJIo at)' of Clul. VIm, C&lifoJ"".. tbJ.1Ith do> of 0....,.,." :1003, b¡o Ibdol1cwJn& ",10: A y¡¡&, Co..",iJ""",bon: DIY¡¡, M<CowI,~, Solu .ad PodiU. ]11_ NAYS, eo.m.um.",b""" AMBNT; O>ut>cl¡',,,,m¡'.,,,, 1;- ATI'!STJ ., ~.LJ..~~V"iI.ð~ hlon Bt¡mw, CldC, bt~k ilTATBOllCAIlliOBNIA ) COUNTY 01' BAN DIBCO ) CIty 0' C!ftIIÃ VISTA ) I, SOlI!! BlJoIow, C!1y a.... or QWo Viata, Ca/!l'orDlo, do 1Iw<by cmIlj> !bat 1M rOI.oin, a...,lWIon No. 2003-4S8 .... duly ¡1IHOd, a¡:p""'od, ana adcplOd OJ> !!:o a1>j OJ_I lit . '"I'ÙIl-113 cffhoa...l. VI,.. CIty Couodl hðI~ "" .,¡,.9tII.t&yofD......bor, 2D0!. -.b::d ibi. 9i11 day atn_beT, !003. --=:;'uft.,J,.,. ~~ 0 () s,;;;;B\ÞIiiø, CtdC, CIty k _____. - _..____u "'~"~_....__m_....._.___._ _..-.,- .--- 16-6 11/()L!.!'J()()L!. .J Page 1 of 1 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALL Y SIGNED UPON APPROVAL BY THE CITY COUNCIL -f}¡,,, p ~ Ann Moore , CIty Attorney Dated: December 6, 2004 Second Amendment and One-Year Extension of the Agreement with MACTEC 16-7 SECOND AMENDMENT AND EXTENSION OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MACTEC (FORMERLY LAW CRANDALL, A DIVISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INC.) Whereas, the City of Chula Vista ("City") and MACTEC ("Consultant") entered into an agreement for materials testing, geotecbnical, and storm water consulting services on April 24, 2002 ("Agreement"). Whereas, the City of Chula Vista and MACTEC entered into first amendment to the agreement for materials testing, geotecbnical, and storm water consulting services on December 9, 2003. Whereas, the parties wish to amend and extend the Agreement for another year co=encing as of January 1, 2005 and ending on December 31, 2005, all in accordance with Paragraph 8.D of Exhibit A to the Agreement Now, therefore, the parties agree as follows: I. Paragraph 8.D of Exhibit A to the Agreement (Page 19) shall be amended to read as follows: "Date for completion of all Consultant services: December 31, 2005. II. Paragraph 13 of Exhibit A to the Agreement (Page 25) shall be amended to read as follows: "Contract Administrators: City: Kirk Ammerman, Senior Civil Engineer 1800 Maxwell Road Chula Vista, CA 91911 Voice Phone: (619) 397-6121 FAX Phone: (619) 397-6254 Consultant: Pete Campbell Engineering Services Manager 9177 Sky Park Court, Suite A San Diego, CA 92123 Voice Phone: (858) 578-3600 Fax Phone: (858) 278-5300 III. The parties further agree that all insurance policies to be maintained by Consultant pursuant to the Agreement shall be modified for the extension period. Second Extension of Agreement MACTEC Engineering Department File No. 0780 October 7, 2004 Page 1 of3 16-8 A certificate of insurance demonstrating such extension shall be provided to the City within ten days after City's execution of this amendment. IV. All other terms and conditions of the Agreement not specifically modified by this amendment shall remain in full force and effect. v. MACTEC is proposing a cost of living increase of 4% for Building Construction Inspector and Soils Field Technician personnel. The Building Construction Inspector and Soils Field Technician personnel Non-Prevailing Hourly Rate shall be amended to read as follows, in Section C of Item 11 (Compensation) of Exhibit A to the Agreement (pages 22 and 23): Rate Schedule - Personnel Category of Consultant Non-Prevailing Hourly Rate Non-Prevailing Hourly Rate Employee (04/24/02 Agreement) New Rates start Januarv 1,2005 Building Construction $45.00/Hour $46.80/Hour Inspector Soils Field Technician $52.20/Hour $54.28/Hour Second Extension of Agreement: MACTEC Engineering Department File No. 0780 October 7, 2004 Page 2 of3 16-9 SIGNATURE PAGE TO SECOND AMENDMENT AND EXTENSION OF AGREEMENT Dated: ,2004 City of Chula Vista By: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated :~2004 MACTEC By: b ll, Engineering Services Manager Attachment: Consultant's letter of agreement to extension of contract, dated September 27,2004 J:\Engineer\AGENDA\MACTEC Agreement 2nd Extension.doc Second Extension of Agreement: MACTEC Engineering Department File No. 0780 October 7,2004 Page 3 00 16-10 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL h... P Ann Moore City Attorney Dated: December 6, 2004 Second Amendment and One-Year Extension ofthe Agreement with Testing Engineers-San Diego, Inc. 16-11 SECOND AMENDMENT AND EXTENSION OF AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND TESTING ENGINEERS-SAN DIEGO, INC. Whereas, the City of Chula Vista ("City") and Testing Engineers-San Diego, Inc. ("Consultant'') entered into an agreement for materials testing, geotechnical, and storm water consulting services on April 24, 2002 ("Agreement"). Whereas, the City of Chula Vista and Testing Engineers-San Diego, Inc. entered into first amendment to the agreement for materials testing, geotechnical, and storm water consulting services on December 9, 2003. Whereas, the parties wish to amend and extend the Agreement for another year commencing as of January 1,2005 and ending on December 31, 2005, all in accordance with Paragraph 8.D of Exhibit A to the Agreement. Now, therefore, the parties agree as follows: I. Paragraph 8.D of Exhibit A to the Agreement (page 19) shall be amended to read as follows: ''Date for completion of all Consultant services: December 31, 2005. II. Paragraph 13 of Exhibit A to the Agreement (Page 25) shall be amended to read as follows: "Contract Administrators: City: Kirk Ammerman, Senior Civil Engineer 1800 Maxwell Road Cbula Vista, CA 91911 Voice Phone: (619) 397-6121 FAX Phone: (619) 397-6254 Consultant: Themas Ck"lnnan µ-¥.t- ~.s Principal, ~ 7895 Convoy Court, Suite 18 San Diego, CA 92111 Voice Phone: (858) 715-5800 Fax Phone: (858) 715-5810 III. The parties further agree that all insurance policies to be maintained by Consultant pursuant to the Agreement shall be modified for the extension period. Second Extension of Agreement: Testing Engineers-San Diego, Inc. Engineering Department File No. 0780 November 2, 2004 Page I on 16-12 A certificate of insurance demonstrating such extension shall be provided to the City within ten days after City's execution of this amendment. IV. All other terms and conditions of the Agreement not specifically modified by this amendment sball remain in full force and effect. Second Extension of Agreement: Testing Engineers·San Diego, Inc. Engineering Department File No. 0780 November 2, 2004 Page 2 00 16-13 SIGNATURE PAGE TO SECOND AMENDMENT AND EXTENSION OF AGREEMENT Dated: ,2004 City of Chula Vista By: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to fonn: Ann Moore, City Attorney Dated: :~Û't~.m. t\ l , 2004 Testing Engineers-San Diego, Inc. By: ~J!~J- '];:Øgm:u: Ckapmaa, PriBsipal P .E. ~t ~.j {J/.-I¡'¡CI/J,fi. Attachment: Consultant's letter of agreement to extension of contract, dated October 28, 2004 J:\Engineer\AGENDA\TESTmG ENG Agreement 2nd Extension.doc Second Extension of Agreement: Testing Engineers..san Diego, Inc. Engineering Department File No. 0780 ~oveDlber2,2004 page3 on 16-14 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SECOND AMENDMENTS AND ADDITIONAL ONE-YEAR EXTENSIONS OF THE AGREEMENTS BETWEEN (A) THE CITY OF CHULA VISTA AND MACTEC (PREVIOUSLY LAW CRANDALL, A DNISION OF LAW ENGINEERING AND ENVIRONMENTAL SERVICES, INc.) AND (B) THE CITY OF CHULA VISTA AND TESTING ENGINEERS- SAN DIEGO, INC. FOR PROVIDING CONSULTING SERVICES FOR MATERIALS TESTING, GEOTECHNICAL, AND STORM WATER MONITORING REQUIRED FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM (CIP) PROJECTS DURING THEIR DESIGN AND CONSTRUCTION PHASES AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS AND EXTENSIONS TO SAID AGREEMENTS ON BEHALF OF THE CITY WHEREAS, on April 23, 2002, the City Council adopted Resolution No. 2002-122 approving agreements with (1) Law Crandall, a Division of La Engineering and Environmental Services, Inc. (subsequently changed to MACTEC) and (2) Testing Engineers- San Diego, Inc. for materials testing, geotechnical, and storm water consulting services required for various Capital Improvement Program (CIP) projects from April I, 2002 to December 31, 2003; and WHEREAS, each of the agreements includes provisions giving the City the option to extend the original agreements for up to two additional one-year terms; and WHEREAS, MACTEC is willing to extend its agreement for one additional year (from January 1, 2005 to December 31,2005) in accordance with said provisions with a four percent (4%) increase in non-prevailing hourly wage rates for Building Construction Inspector and Soils Field Technician personnel; and WHEREAS, Testing Engineers-San Diego, Inc. is willing to extend its agreement for one additional year (from January 1, 2005 to December 31, 2005) in accordance with said provisions with no increase in rates; and WHEREAS, staff recommends approval of the second amendments and additional one-year extensions to the existing agreements from January I, 2005 to December 31,2005 based upon said consultants' satisfactory performances. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve Second Amendments and One-Year Extensions between (a) the City of Chula Vista and MACTEC; and (b) the City of Chula Vista and Testing Engineers-San Diego, Inc., which provide consulting services for materials testing, geotechnical, and storm water 16-15 monitoring required for various capital improvement program (CIP) projects during their design and construction phases. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said amendments and extensions to said agreements on behalf of the City. Presented by Approved as to form by Dave Byers Director of Public Works Operations ~h,f~ Moore CIty Attorney l:\attomcy\reso\amendments\MACTEC 2,111 amendment & extensiOl1 16-16 COUNCIL AGENDA STATEMENT Item \ 7 Meeting Date 12/14/2004 SUBMITTED BY: Resolution Awarding a Purchase Agreement to Villa Ford in the amount of $521,755 for the replacement of fifteen (15) police pursuit sedans and three (3) full size sedans in accordance with the terms & conditions of City of San Diego cooperative Bid A3044-00-A; and waiving the formal bid process and accepting an offer to extend terms & conditions of City of San Diego Bid Q2865/00 for six (6) intermediate sedans. Director of Public Works Operations 6 Director of Finance ITEM TITLE: REVIEWED BY: CityManagerG~¡J Q9J (4/5 Vote: Yes_No...xJ The FY 2004-05 Central Garage Budget provides for the replacement of twenty-four (24) vehicles in the Police Department. The Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City has an opportunity to participate in a current City of San Diego bid for favorable terms and pricing, and to accept an offer to extend terms and pricing of a recently expired bid. RECOMMENDATION: That the City Council approve the Resolution awarding the Purchase Agreement in the amount of $521,755 to Villa Ford for fifteen (15) police pursuit sedans, three (3) full size sedans, and six (6) intermediate sedans. DISCUSSION: Fifteen (15) police pursuit sedans and nine (9) intermediate sedans assigned to Police are being replaced in their normal retirement cycle. However, due to the recent realignment of the Police Department resulting from the retirement of the Assistant Chief of Police, three (3) full size sedans instead of intermediate sedans were deemed more appropriate for the Police Captains. Therefore, fifteen (15) police pursuit sedans, six (6) intermediate sedans and three (3) full size sedans are being purchased for the Police Department. In the past, the City of Chula Vista has entered into purchasing agreements with the City of San Diego for various pieces of equipment. Several local agencies combined requirements for the pursuit and full size sedan bid (A3044-00-A) and, as a result, received favorable terms and pricing based on volume discounts. Similar results were achieved for the intermediate sedan bid (Q2865/00). However, this bid expired November 14,2004. Villa Ford has vehicles available and has offered to extend contract 17-1 !~ Page 2, Item ...':.L Meeting Date 12/14/04 terms and pricing. Therefore, the City of Chula Vista has an opportunity to participate in both City of San Diego bids and realize substantial cost benefits. Each bid was advertised and posted on the City of San Diego Website. Bid packets were sent out to at least eighteen (18) potential respondents. Local dealers were invited to participate, but unfortunately were either not competitive or non-responsive. Finally, purchasing staff checked with the State of California's Procurement Division and conducted a cursory market search to ensure that the City of Chula Vista receives excellent pricing. FISCAL IMPACT: Sufficient funds are available in the Equipment Replacement Budget for the replacement of fifteen police pursuit sedans, three full size sedans, and six intermediate sedans. A total of $1,253,801 was approved during the budget process for FY04-05 to purchase vehicles and equipment being replaced in their normal replacement cycle. Of this amount, $581,010 is available for the replacement of twenty-four vehicles for the Police Department, which represents a savings of$59,255. File No: 1320-50-00 C:\Documents and SettingslrobertblMy DocumentsIBoblequipmentlAl13 PD Sedans FY05.doc 17-2 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT TO VILLA FORD IN THE AMOUNT OF $521,755 FOR THE REPLACEMENT OF FIFTEEN (15) POLICE PURSUIT SEDANS AND THREE (3) FULL SIZE SEDANS IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF CITY OF SAN DIEGO COOPERATIVE BID A3044-00-A; AND WAIVING THE FORMAL BID PROCESS AND ACCEPTING AN OFFER TO EXTEND TERMS AND CONDITIONS OF CITY OF SAN DIEGO BID Q2865/00 FOR SIX (6) INTERMEDIATE SEDANS WHEREAS, the Chula Vista Municipal Code Section 22.56.140 and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage; and WHEREAS, in the past, the City of Chula Vista has entered into purchasing agreements with the City of San Diego for various pieces of equipment; and WHEREAS, several local agencies combined requirements for the bid and, as a result, received favorable terms and pricing based on volume discounts; and WHEREAS, similar results were achieved for the intermediate sedan bid (Q2865/00), which expired November 14, 2004; and WHEREAS, Villa Ford has available vehicles and has offered to extend contract terms and pricing; and WHEREAS, the City has an opportunity to participate in both City of San Diego bids and realize substantial cost benefits; and WHEREAS, staff is recommending the purchase of three full size sedans, fifteen police pursuit sedans, and six intermediate sedans for the Police Department; and WHEREAS, sufficient funds are available in the Equipment Replacement Budget for the replacement of these vehicles. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does approve the awarding of a Purchase Agreement in the amount of $521,755 to Villa Ford for the replacement of three full size sedans, fifteen police pursuit sedans, and six intermediate sedans. Presented by Approved as to form by ~ß.kÓ7~.m ¿ÿf S~ Ann Moore City Attorney Dave Byers Director of Public Works Operations J:IAttorneyIRESOIPURCHASE AGMTlPolice Dept vehicles.doc 17-3 COUNCIL AGENDA STATEMENT Item \ '3 - Meeting Date 12/14/04 ITEM TITLE: Resolution Waiving the consultant selection process as impractical and awarding a purchasing agreement to GBA Master Series, Inc. in the amount of $138,675 for the purchase and installation of a new Work Management System for the Public Works Operations Department and authorizing the Mayor to execute the Agreement SUBMITTED BY: Director of Public Works operations-8- REVIEWED BY: CityManagerG't..v (4/5Vote:Yes_No..KJ r'Y' The vendor who supplied, implemented and maintained the current Work Management System (WMS), Stantec Consulting, Inc., has made a strategic business decision to shift its focus from asset management software products to asset management consulting services. Stantec's intent is to become an independent consultant having no ties to any specific software package in all aspects of asset management. As a result of this decision, effective January 1, 2005, Stantec Consulting, Inc. will no longer be providing support services for any of their management software. Staff recommends waiving, as impractical, the normal consultant selection process under provision 2.56.070 of the Chula Vista Municipal Code. This project was approved as part of the Capital Improvement Program, GG171-Public Works Information System Modemization/Expansion Project. RECOMMENDATION: That Council adopt the Resolution waiving the consultant selection process as impractical and awarding a purchasing agreement to GBA Master Series, Inc. in the amount of $13 8,675 for the purchase and installation of a new Work Management System for the Public Works Operations Department and authorizing the Mayor to execute the Agreement BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Selection Process. When Stantec met with Public Works Operations' staff to announce their decision to stop providing software support, they also indicated that they would assist each of their customers in fmding a satisfactory replacement. Subsequently, Stantec requested that City staff develop a list of current and desired functions within a WMS. Stantec then forwarded the department's WMS software functionality requirements to several software vendors to solicit their responses and comments. Following receipt of the responses, staff from Public Works Operations, Management Information Systems, and GIS served as an evaluation committee for the software respondents. Once the 18-1 Page 2, Item i g Meeting Date 12/14/04 evaluation process was completed, demos were requested and made by three of the vendors, GBA Master Series, Inc., Azteca and Carte graph. The current Stantec WMS is viewed in tabular forms within the program. One can search for both Service Requests and Work Orders by date, individual, or location. Access to a GIS map within the program is not available. One of the main desires of Public Works Operations' staff for the new system was that it be very GIS centric. That means that the WMS program is actually viewed from what appears to be the City's GIS maps. This provides several advantages: · When the Public Works Operations' Dispatcher receives a Service Request, past Service Requests within the same area will also appear. · When crews fill a pothole on a street, they'll be able to point to the area on the map to tie the work to an exact location. · When sewer crews TV or clean a section of sewer, they'll be able to identify the asset by clicking on it within the map rather than entering a long identification number. · Allwork done on the City's infrastructure, whether it's by City crews or contractors will be tracked within the WMS. Based upon the demos and interviews, GBA Master Series, Inc. was selected by the committee as the vendor who best met the functionality requirements, monetary and time criteria of the project with which the City could negotiate an agreement. The formal consultant selection process must be waived because staff did not follow the precise process. Rather than issue an RFP, Stantec used their expertise with the City's existing software, the City's current and future requirements, and available WMS software to act as a screening committee for City staff. At that point, City staff functioned as a selection committee as would normally be done and evaluated the top three vendors based on how they met the City's needs. One of the most important items to City staff was that the data from our current system be converted into the new WMS. As part of the negotiations, GBA agreed to provide a citywide site license for their software at no charge. This will enable the General Services Department including Engineering to also use the WMS. In addition, because the WMS has a sophisticated Service Request tracking system, any Department in the City will be able to use the system at no charge. Because the WMS is very GIS centric, staff determined that it would be appropriate to upgrade the Citywide GIS system as part of this CIP project. As a result, GIS staff is shifting the GIS from an older version that used an internal database to the latest version that uses an industry standard (Microsoft SQL Server) enterprise database. The server and SQL license were purchased out of the previously appropriated CIP funds. In addition, these project funds will be used to purchase ArcGIS licenses for staff in Public Works Operations, Engineering, and General Services. 18-2 Page 3, Item ~ Meeting Date 12/14/04 GASB 34. Governmental Accounting Standards Board Rule 34 (GASB 34) requires that an agency report on all capital assets such as I) inventory of infrastructure assets, 2) historical costs of infrastructure, and 3) current value of infrastructure in order to evaluate changes over time. As an alternative to depreciating infrastructure assets, an agency must have an Asset Management system that: · includes an up-to-date inventory; · defines level of maintenance standards; · provides cyclical condition assessment; and · documents that asset is maintained at or above the adopted standard. The Public Works Operations Department is charged with providing daily maintenance for the City's infrastructure, which includes streets, sewers, storm drains, City trees, parks, open space, and street signage and striping. The infrastructure includes approximately 380 miles of streets (630 lane miles), 380 miles of wastewater lines, 200 miles of storm drain pipes and channels, approximately 35,000 trees, over 400 acres of parks, 1,500 acres of open space, approximately 22,000 traffic signs and 15,000 street names signs. General Services provides major maintenance for these infrastructure assets through Construction contracts. As previously indicated, the new WMS will link these costs to provide a more accurate view of maintenance and rehabilitation costs. Work Management System. Public Works Operations uses a WMS, which is an automated system used for collecting and tracking data about the work that an agency performs to maintain the City's infrastructure (excluding communications, vehicles and equipment). This system must be maintained in order to comply with GASB requirements. The WMS 1) eliminates paper tracking, 2) links service requests and backlogs with jobs, and 3) allows management to better plan and schedule work and evaluate crew performance and workload. The new system's emphasis is on meeting public needs, by changing the focus from measuring performance after the fact to scheduling and planning work based on service requests and work orders. FISCAL IMPACT: The total cost for purchase and implementation of the WMS from GBA Master Series, Inc., is $138,675. Included in this amount is $37,540 for support and maintenance for the first year. This project and funds were included as part as the City's Capital Improvement Program, GG171-Public Works Information System ModemizationÆxpansion Project. Support and maintenance cost after the first year will be $37,540. Since $19,728 is budgeted armually for support and maintenance cost for the current WMS, the net impact to the General Fund will be $17,812 armually. L:\Public Wow OperationsIAI13', 2005IA113 WMS REV.doc File: OIOO-IO-FB 18-3 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 ~~~~ Ann Moore City Attorney Dated: December 6, 2004 Purchase Agreement with GBA Master Series, Inc. 18-4 Agreement between City of Chula Vista and GBA Master Series, Inc. for the Purchase, Installation, and Maintenance of the Public Works Operations Department's Work Management System This agreement ("Agreement"), dated December 14, 2004, 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: Whereas, a work management application (WMA) is an automated system for collecting and tracking data about the work an agency performs; and, Whereas, the Public Works Operations Department has used a work management software system since 1986 to track the work production of most of the maintenance divisions, which was upgraded and expanded in 2000 to add infrastructure module applications (IMA) to better manage the City's assets and to provide a link to the City's Geographic Information System (GIS); and Whereas, the Department proposes to purchase a new Work Management Application (WMA) that is Windows-based, and that can be linked to the City's Geographic Information System (GIS) to visually show areas where work has been completed or has been planned; and, Whereas, the vendor who supplied, implemented and maintained the current Work Management System (WMS) , Stantec Consulting, Inc., has made a strategic business decision to shift its focus from asset management software products to asset management consulting services. As a result, effective January 1, 2005, Stantec Consulting Inc. will no longer be providing support services for any of their management software; and Whereas, Stantec Consulting, Inc. assisted the city by forwarding the department's WMS software functionality requirements Page 1 18-5 to several highly qualified software vendors to solicit their responses and comments. These requirements provided each vendor with a detailed list of essential functionalities that their software needed to achieve. Following receipt of the responses, staff from Public Works Operations, Management Information Systems and GIS evaluated the software respondents. Once the evaluation process was competed, demos were requested and made by three of the vendors. Based upon the demos and interviews, GBA Master Series, Inc. was selected as the vendor who best met the functionality requirements, monetary and time criteria of the project with which the City could negotiate an agreement. Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) Page 2 18-6 Obligatory provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a·corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragrapn 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. Page 3 18-7 E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation 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 demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required Page 4 18-8 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 to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark Page 5 18-9 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 shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Page 6 18-10 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") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Page 7 18-11 Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 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 Page 8 18-12 Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for 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 Page 9 18-13 employees. Consultant's indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property 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, Page 10 18-14 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". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control .of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or Page 11 18-15 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. good over Upon request by City, Consultant shall meet and confer in faith with City for the purpose of resolving any dispute the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate Page 12 18-16 broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in 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.] Page 13 18-17 Signature Page to Agreement between City of Chula Vista and [Name of Consultant] for 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: 200 City of Chula Vista by: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: GBA Master Series, Inc. ,.¿~ ham, Vice President & Operating Officer Exhibit List to Agreement ( x ) Exhibit A. Exhibit A to Agreement between Page 14 18-18 City of Chula Vista and GBA Master Series, Inc. 1. Effective Date of Agreement: December 14, 2004 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (x ) Corporation 6. place of Business, Telephone and Fax Number of Consultant: GBA Master Series, Inc. 10561 Barkley, Suite 500 Overland Park, KS 66212 Voice Phone (913) 341-3105 Fax Phone (913) 341-3128 7. General Duties: 8. Scope of Work and Schedule: A. Detailed Scope of Work: i. Provide a new Work Management Application (WMA) that is Windows-based, and that can be linked to the City's Geographic Information System (GIS). The WMA shall include but is not limited to track work production, service requests, backlogs of work, types of work performed, hours spent per job and per person, costs per job for labor, materials, and equipment, and locations of work. Work shall Page 15 18-19 be tracked for the City's Street Maintenance, Urban Forestry, Street Striping and Signing, Wastewater, Pool/Pump Station, Storm Drain, Parks, Open Space, Traffic Signals Maintenance crews, Design Section within General Services. GBA Master Series shall, in consultation with City to develop a comprehensive "Migration Plan" to be used as a detailed guide for the transition from the Stantec IIMS system to the GBA Master Series system with little down time. Consultant shall develop a sequential system as outlined below: Expedite "going live" with GBA Work Master® Implement integrated mapping Complete pilot program for mobile users Deploy the full-scale GBA Master Series system ii. SOFTWARE INSTALLATION. Over two (2) consecutive days (On-site Trip #1), the gbaMS Implementation Specialist shall meet with City staff to accomplish the following tasks: 1. Consultant shall meet with city to identify the existing data to be converted and the steps necessary to extract applicable data from appropriate sources. 2. Consultant shall meet with City's Project Manager and System Administrator to: a. Transfer knowledge of the software's file structure, Security Program, and installation routines b. Establish security rights for end-users c. Install production software (Enterprise Edition of the licensed GBA Master Series applications) onto the server and workstations d. Test the software in the final user environment to verify adequate system response times 3. Consultant shall conduct a workshop to be held to review the GBA Work Master application in detail to identify specific information useful in developing the application's Work Flow Setup Module codes, and insuring appropriate conversion of historic work order data. Page 16 18-20 iii. DATA CONVERSION. GBA Master Series shall convert Stantec IIMS work order history data to GBA Work Master. This shall include but is not limited to a mapping of categories, problems and tasks in the Stantec IIMS system to the GBA Master Series categories, problems, and tasks. Consultant shall collect existing electronic data from the City for conversion into the GBA Master Series software. It is anticipated that GBA Master Series will be converting data from work orders such as categories, problems, causes, tasks, employees, equipment, materials, fluids, contractors, customer list, street name list, historic work orders, etc. and transportation such as street segments, street intersections, poles, masts, signs, signals, street lights, sanitary sewer network, storm sewer network, etc. Consultant shall review the current use of the data with City staff and perform a high- level design on how the data will be converted based on Consultant's previous experience with conversion efforts completed for other Stantec IIMS clients. Consultant shall develop a 'Data Conversion Document' detailing the necessary data conversion effort. This document will identify source data fields being extracted, and associate these fields with the GBA Master Series software data fields to be populated. iv. GBA WORK MASTER ADMINISTRATIVE SUPPORT. GBA Master Series shall work with the City's System Administrator to leverage the extensive Work Flow Setup options to make data entry of work orders more efficient. WebEx will be used to conduct Internet meetings to answer specific questions for specific users. v. GIS DATA CONVERSION. The City will utilize ESRI® ArcSDE and their own geodatabase for maintenance of GIS data. Consultant shall ensure proper system configuration for GIS data edits with the GBA GIS Master® applications licensed by the City. To expedite the implementation, Consultant shall load all existing asset data from shapefile exports into the GBA Master Series database to allow City staff to link work orders to assets. City shall be provided the same functionality that currently exists with the IIMS solution. Consultant shall Page 17 1 8- 21 review the existing data and produce an exceptions report for the City to clean up the spatial data prior to integrating with the geodatabase. Once this is done, Consultant shall integrate GBA Master Series to the City's geodatabase and identify any data discrepancies on work orders that have been assigned to assets that don't exist in he geodatabase. vi. GIS INTEGRATION. GBA Master Series shall support the City's GIS developers in customizing their ESRI MapObjects application to integrate with the GBA Master Series system. vii. CCTV SETUP/INSTALLATION. The City will provide samples of Flexidata (Version 6) CCTV data (test data, observation data, manhole data, etc.) to gbaMS for review. For data collected by field crews to be properly imported into the GBA Sewer Master® application, the ·picklists" and codes used by each system need to be consistent. Consultant shall work with the City to determine the optimal configurations for the two systems to best work together. viii.TRAINING. The GBA Master Series Implementation Specialist shall provide the hands-on, workshop- style training sessions for the City's users. ix. SUPPLEMENTAL TRAINING/GIS WORK. GBA Master Series will perform follow-up training on an as-needed basis. Consultant shall perform additional GIS work, such as GIS integration related to map objects, the call center, writing reports, etc. B. Date for Commencement of Consultant Services: (x) Same as Effective Date of Agreement C. Dates or Time Limits for Delivery of Deliverables: Deliverable NO.1: WMA System Software Installation GBA Master Series Software System December 15, 2005 Deliverable NO.2: Data Conversion February 28, 2005 Deliverable No.3: GBA Work Master Administrative Support January 24, 2005 Page 18 18-22 Deliverable No.4: GIS Data Conversion February 28, 2005 Deliverable No.5: GIS Integration May 2, 2005 Deliverable No.6: CCTV Setup/Installation February 21, 2005 Deliverable No.7: Training GBA Work Master January 24-25, 2005 GBA Mobile Work Manager Part 1 January 31, 2005 GBA Mobile Work Manager Part 2 February 21, 2005 GBA Street, Sign, Signal, Right-of-Way, Storm external TV import program), Park, & Tree Master February 28-March 1, 2005 GBA GIS Master & Analyst March 28, 2005 GBA Mobile Work Manager Part 3 (with City's MapObjects application) April 4, 2005 Follow-up Workshop all applications May 2-3, 2005 D. Date for completion of all Consultant services: Upon deliverables. discretion. final acceptance by the City of these Dates may be extended in the City's sole 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1,000,000. (x) Commercial General Liability Insurance: $1,000,000. (x) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . 10. Materials Required to be Supplied by City to Consultant: None. 11. Compensation: A. (x) 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, Page 19 18-23 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. Page 20 18-24 . Phase Fee for Said Phase 1. GBA Master Series Software Installation $ 3,700 2. Data Conversion $15,000 3. GBA Work Master Administrative support $ 1,200 4. GIS Data Conversion $10,000 5. GIS Integration 6. CCTV Setup/Installation $ 2,500 $ 1,200 7. Training $38,100 Sub-Total $71,700 8. Project Management Fee $9,435 Total $81,135 Annual Support/Maintenance Fee: $37,540 B. (x) Hourly Rate Arrangement for Supplemental Training/GIS Work if requested by City. For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (x) Not-to-ExceedLimitation 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 $20,000 including all Page 21 18-25 Materials, and other "reimbursables" ("Maximum Compensation") . Rate Schedule Category of Employee of Consultant Hourly Rate (remote) On-site per day Principal Manager Product Manager IT Manager Project Manager Product Specialist Support Specialist Programmer Product Analyst Product Technician Product Support $200 $175 $150 $100 $150 $100 $125 $100 $ 75 $ 50 $3,000 $2,500 $2,000 $1,500 N/A $1,500 N/A N/A N/A N/A 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (x) None, the compensation includes all costs. 13. Contract Administrators: City: Robert Beamon, Principal Management Analyst, 1800 Maxwell Road, Chula Vista, CA 91911 (619) 397-6048 Consultant: Jim Graham, Vice President & Chief Operating Officer, 10561 Barkley, Suite 500, Overland Park, KS 66212 14. Liquidated Damages Rate: Not applicable. $ per day. Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (x) Not Applicable. Not an FPPC Filer. 16. ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Page 22 18-26 None. 18 Bill Processing: A. Consultant's Billing to be submitted for the following period of time: Based on % completion of phases B. Day of the Period for submission of Consultant's Billing: Every four weeks 19 Security for Performance (x) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (x) Retention Percentage: 10% per payment/invoice Retention Release Event: (x) Completion of All Consultant Services H:\Attorney\2PTYl4.doc Page 23 18-27 RESOLUTION NO. 2004_ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND AWARDING A PURCHASE AGREEMENT TO GBA MASTER SERIES, INC. IN THE AMOUNT OF $138,675 FOR THE PURCHASE AND INSTALLATION OF A NEW WORK MANAGEMENT SYSTEM FOR THE PUBLIC WORKS OPERATIONS DEPARTMENT AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the vendor who supplies, implemented and maintained the current Work Management System (WMS), Stantee Consulting, Inc., has made a strategic business decision to shift its focus from asset management software products to asset management consulting services; and WHEREAS, based upon the demos and interviews, GBA Master Series, Inc. was selected by the committee as the vendor who best met the functionality requirements, monetary and time criteria of the project with which the City could negotiate an agreement.; and WHEREAS, staff recommends waiving, as impractical, the normal consultant selection process under provision 2.56.070 of the Chula Vista Municipal Code; an WHEREAS,· City staff functioned as a selection committee as would normally be done and evaluated the top three vendors based on how they met the City's needs. One of the most important items to City staff was that the data from our current system be converted into the new WMS. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the consultant selection process as impractical and awarding a purchasing agreement to GBA Master Series, Inc., in the amount of $138,675 for the purchase and installation of a new Work Management System for the Public Works Operations Department and authorizing the Mayor to execute the Agreement. Presented by Approved as to form by <\\l'{CN\f\~~\} Ann Moore City Attorney Dave Byers Director of Public Works Operations J:\attomey\reso\GBA Master Series, Inc. 18-28 COUNCIL AGENDA STATEMENT Item I~ Meeting Date: 12/14/04 Resolution Approving the application for grant funds from the California Integrated Waste Management Board Waste Tire Track and Other Recreational Surfacing program for rubberized flooring for a new fitness activity area at Norman Park Center and amending the FY05 Capital Improvement Program budget by appropriating $26,878.09 based on unanticipated donation revenue Director of Recreatio@ Director of General Services @ REVIEWED BY: City Manager~~ ~-cv 4/5ths Vote: (Yes ~ No -.J The California Integrated Waste Management Board (CIWMB) offers a Waste Tire Track and Other Recreational Surfacing Grant to promote markets for recycled-content products derived from waste tires generated in California, and $800,000 has been allocated for this competitive grant program for FY 04/05. The program requires a 100% match from the applicant. The Recreation and General Services Departments recommend that the City apply for grant funding from this program for $7,535.14 to provide shock-absorbing rubberized floor tiles for a fitness area being proposed at Norman Park Center. ITEM TITLE: SUBMITTED BY: STAFF RECOMMENDATION: That Council adopt the resolution, approving the application for $7,535.14 in grant funds from the California Integrated Waste Management Board Waste Tire Track and Other Recreational Surfacing Program for rubberized flooring for a new fitness activity area at Norman Park Center, authorizing the Director of Recreation to execute any requisite applications, contracts, agreements, amendments, and reimbursement requests related to the grant, and amending the FY05 Capital Improvement Program budget by appropriating $26,878.09 based on unanticipated donation revenue. BOARDS/COMMISSIONS: The Parks and Recreation Commission is being apprised of this grant submittal at its regularly scheduled meeting of December 16. DISCUSSION: The California Integrated Waste Management Board is soliciting applications for its Waste Tire Track and Other Recreational Surfacing Grant Program. The Waste Management Board was authorized to establish this grant program under Senate Bill 876. The program was established to provide opportunities to divert wasted tires from landfill disposal, prevent illegal tire dumping, and to promote markets for recycled- content waste tire products. Procedures established by the Board require grant applicants to certify by resolution approval of the application. If the grant is awarded, the applicant will enter into an agreement with the State of California for development of the identified project. 19-1 Page 2, Item ('9 Meeting Date: 12/14/04 The grants are available to public entities that operate and manage public recreational sites in California. Funding of $800,000 has been allocated for FY 04/05, and agencies can apply for grants up to $100,000. There is a 100% matching fund requirement. The Recreation and General Services Departments are interested in pursuing this grant, applications for which are due December 10, 2004, for the purpose of providing shock- absorbing rubberized flooring for a fitness center at Norman Park Center. Staff from the Conservation Services Department provided support and information for the grant application. The Recreation Department is in the process of developing a new fitness activity area at Norman Park Center. The fitness center would be located on underutilized shuffleboard courts at Norman Park. Three of the existing six courts would be converted to a flat and level surface, allowing the installation of rubberized and shock-absorbing floor tiles that contain recycled rubber from automobile tires. Senior participant support for the fitness center conversion has been ascertained via surveys conducted at Norman Park Center. Three shuffleboard courts will be maintained, since there is small group of participants still interested in this activity. It is envisioned that the fitness area would contain various weight equipment and other exercise equipment designed for use by older adults, and open floor space would also be used for aerobic classes and activities as well as other fitness-related activities such as Tai Chi and yoga classes. Funding for the fitness center has been provided through a $26,878.09 bequest that was received by the City last year. This funding would be utilized to provide the 100% matching funds ($7,535.14) required by the grant with the remainder to be utilized for the purchase of weight and other exercise equipment. The grant will cover project costs including the flooring material, installation, administrative costs, costs for preparing the surface for the material, and related materials and labor. The grant will also include the cost of signage required by the CIWMB indicating that the flooring material contains recycled tires from California. City funds from the bequest will be utilized to purchase equipment for the fitness area. FISCAL IMPACT: There is no impact to the General Fund. Funding to provide the match required by the grant is currently available from a bequest received by the City. The City intends to apply for a $7,535.14 grant, and will contribute $26,878.09 from the bequest, which is higher than the required minimum of a 100% match. If the City does not receive the grant, the Recreation Department will still proceed with the project, by purchasing less fitness equipment initially. 19-2 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD WASTE TIRE TRACK AND OTHER RECREATIONAL SURFACING PROGRAM FOR RUBBERIZED FLOORING FOR A NEW FITNESS ACTIVITY AREA AT NORMAN PARK CENTER AND AMENDING THE FY05 CAPITAL IMPROVEMENT PROGRAM BUDGET BY APPROPRIATING $26,878.09 BASED ON UNANTICIPATED DONATION REVENUE WHEREAS, Senate Bill 876 (Escutia, Statutes of 2000, Chapter 838) authorizes the California Integrated Waste Management Board (CIWMB) to establish a grant program to provide opportunities to divert waste tires from landfill disposal, prevent illegal tire dumping, and to promote markets for recycled-content waste tire products; and WHEREAS, the CIWMB has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by California cities, counties, city and county, special districts or political subdivisions thereof, and Federally recognized California Indian tribes; and WHEREAS, said procedures established by the CIWMB requires the applicant to certify by resolution approval the application before submission of said application to the State; and WHEREAS, grants are available to public entities that operate and manage public recreational sites in California; and WHEREAS, if awarded the grant, the applicant will enter into an agreement with the State of California for development of the project; and WHEREAS, staff recomniends pursuing this grant for the purpose of providing shock absorbing rubberized flooring for a fitness center at Norman Park Center; and WHEREAS, funding for the fitness center has been provided through a $26,878.09 bequest that was received by the City in 2003; and WHEREAS, the funding will be used to provide the 100% matching funds ($7,535.14) required by the grant with the remainder to be used for the purchase of weight and other exercise equipment. 19-3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the submittal of an application to the CIWMB for rubberized flooring for a new fitness activity area at Norman Park Center and amending the FY05 Capital Improvement Program budget by appropriating $26,878.09 based on unanticipated donation revenue. IT IS FURTHER RESOLVED that the Director of Recreation for the City is hereby authorized and empowered to execute in the name of the City all necessary applications, contracts, agreements, amendments and payment requests hereto for the purposes of securing grants funds and to implement and carry out the purposes specified in the grant application. Presented by Approved as to form by 1ì~ ~~_..ÞJ. ~.: Ann Moore ~ U v City Attorney Buck Martin Director of Recreation J:\attomey\reso\Grant\Norrnan Center titness activity area 19-4 2 ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT "'""""-;';'''' Item: """"".J Meeting Date: 12/14/04 Resolution Waiving the consultant selection process and approving an agreement between the City of Chula Vista and Research Network, LTD., for the preparation of a Parks and Recreation Needs Assessment Update; amending the FY05 Capital Improvement Program (CIP) budget by appropriating $102,840 from the available balance of the Public Facilities Development Impact Fee (PFDIF) and authorizing the Mayor to execute said agJ:eement Director of Recreatio Æ r-' I.IC' Director of communi~velopm'Jf Director of Planning and Buildin fhlt.- City Manager -Jr! pf' (4/Sths Vote: Yes ...x...- N 0 ~ The City is in the process of updating its General Plan and creating an Urban Core Specific Plan. The preparation and anticipated adoption of these two policy documents will result in an expanded vision for development within the City. The City's existing Parks and Recreation Master will need to be updated to reflect policy updates and population projections envisioned under the updated General Plan, especially for the Urban Core area in Western Chula Vista. In order to update the Parks and Recreation Master Plan, the City must first prepare an updated Parks and Recreation Needs Assessment. RECOMMENDATION: That the City Council adopt a Resolution waiving the Consultant Selection process, approving the two-party agreement with Research Network, LTD. for preparation of an update to Chula Vista Parks and Recreation Needs Assessment, amending the FY05 Capital Improvement Program budget by appropriating $102,840 from the available balance of the Public Facilities Development Impact Fee (PFDIF), and authorizing the Mayor to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The updated Parks and Recreation Needs Assessment Study will provide City policy makers with information on existing and future residents' park and recreation needs, to assist in prioritizing future park planning and recreation progr~mming efforts. Proposed Scope of Work The original Parks and Recreation Needs Assessment Study was previously prepared by Research Network, LTD. (Consultant) in 1996/1997. The needs assessment information was utilized by staff 20-1 Page 2, Item:-';> ~ Meeting Date: 12/14/04 in the preparation of the Citywide Parks and Recreation Master Plan, adopted by City Council in November 2002. However, the preparation and anticipated adoption of the General Plan Update and Urban Core Specific Plan will result in an expanded vision for the City beyond that anticipated under the previously prepared Parks and Recreation Needs Assessment Study and Citywide Parks and Recreation Master Plan. Therefore, staff recommends updating the Parks and Recreation Needs Assessment to ensure consistency with the update to the General Plan and the Urban Core Specific Plan. Once completed, the update to the Parks and Recreation Needs Assessment will allow staff to update the original Citywide Parks and Recreation Master Plan. The proposed scope of work for the update of the Parks and Recreation Needs Assessment Study will include: · The design of a questionnaire pertaining to park usage patterns and preferences for parks and recreation facilities by citywide residents; · Implementing of a supervised bilingual professional telephone survey for collection of data within east, west, and urban core portions of the City; · Review of existing park user surveys related to sports group participants and recreational program participants; · Analysis of collected data in the context of current demographics and forecast demographics; · Development of a report that identifies existing demand for parks and recreation facilities and compares and contrast supply with demand; · Development of a year 2030 forecast of future parks and recreation facility demand accruing from the east, west, and urban core area residential populations; and · Creation of a summary of fmdings report suitable for use by staff for the preparation of an update to the existing Parks and Recreation Master Plan. The survey work will include a survey of200 people living in an area similar to that proposed in the Urban Core, such as Gaslamp or Little Italy in downtown San Diego; 300 residents in western Chula Vista, including 150 in northwestern area and 150 in the southwestern area of Chula Vista (with "L" Street as the demarcation line); and 300 residents in eastem Chula Vista, with 150 in Otay Ranch and 150 outside Otay Ranch. The intent of including 200 residents of an urban area is to ascertain as best as possible what future Chula Vista residents in the urban core may want and need in terms of parks and recreation amenities. In addition, Otay Ranch residents are specifically included since much of the growth in eastern Chula Vista is occurring in Otay Ranch and few, if any, Otay Ranch residents were surveyed in 1996 and 1997 since housing in Otay Ranch was just beginning construction. Having worked on the previous Chula Vista Parks and Recreation Needs Assessment Study, the Consultant has established familiarity with Chula Vista's demographics and park and recreation needs issues. This Consultant was successful in demonstrating knowledge and experience in matters pertaining to conducting park and recreation user surveys and compiling quantitative and qualitative information relating to residents' needs. The Consultant's knowledge and familiarity with Chula Vista and the southern California region at large makes this Consultant uniquely qualified to prepare the needs assessment update. 20-2 Page 3, Item: .:::) .::::; Meeting Date: 12/14/04 Research Network, LID. staff has reviewed the City's proposed scope and 17 week-schedule for completion of the Final Parks and Recreation Needs Assessment Report and has assured staff that they can prepare and deliver the services required of them within the time frames provided, all in accordance with the terms and conditions of the attached agreement. Justification for waiving the consultant selection process Staff is recommending that the City Council waive the City's consultant selection process of Municipal Code Section 2.56.110 as impractical in the interest of preparing necessary studies in a timely and efficient marmer; and due to the intimate knowledge and familiarity of the project that Research Network has gained as a result of its previous involvement in this type of work with the City. The Consultant represents that they are experienced and staffed in a marmer such that they can prepare and deliver the required services to the City within necessary timeframes. ENVIRONMENTAL STATUS: The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a statutory exemption pursuant to Section 15262 of the State CEQA Guidelines. Thus, no further environmental review is necessary. FISCAL IMPACT: The total cost of the proposed contract for Research Network LID for consulting services is an amount not to exceed $102,840. A new Capital Improvement Program project will be established with funds appropriated from the available balance of the PFDIF fund. There will be no impact to the General Fund. Attachments: I. Two-Party Agreement Between the City ofChula Vista and Research Network 20-3 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 hl\ Moore ity Attorney Dated: \ '2 \ '1 ~ AGREEMENT BETWEEN THE CITY AND RESEARCH NETWORK, LTD. 20-4 Two-Party Agreement between City of Chula Vista and Research Network Ltd. For services related to the preparation of an update to Chula Vista Parks and Recreation Needs Assessment. This agreement ("Agreement"), dated December 14,2004 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 Research Network Ltd., the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business fOffil 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, based on the evaluation of services required to prepare an update to the City of Chula Vista's Parks and Recreation Needs Assessment, the Recreation Department deteffilined that the consulting services of a firm that specializes in conducting parks and recreation needs surveys and preparing needs assessment summary reports would be necessary to ensure the timely completion of a study; and, Whereas, the Recreation Department has deteffilined that an update to the Chula Vista Parks and Recreation Master Plan will be necessary to be consistent with the proposed General Plan Update; and, Whereas, the Recreation Department has determined that prior to preparing an update to the Parks and Recreation Master Plan it is necessary to conduct an updated parks and recreation needs survey and needs report; and, Whereas, Consultant is a specialist and has extensive experience in the area of developing and conducting parks and recreation needs assessments; and Whereas, Consultant previously provided services required for parks and recreation needs assessment work under a different contract, and has an established familiarity with Chula Vista's demographics and park and recreation needs issues; and, C:\Documents and Settings\StephanieM\Local Settings\Ternporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc APPROVED FINAL Page 1 20-5 Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the tenns and conditions of this Agreement. (End of Recitals. Next Page starts Obligatory Provisions.) C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc APPROVED FINAL Page 1 20-6 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED, that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled " Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time trames 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 ofW ork 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 trom Consultant, trom time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph II (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 3 20-7 E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation 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 ofthe general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates ofInsnrance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Reqnired. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 4 20-8 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 Consultimt to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a'performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount siitisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license ÍÌ'om the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 5 20-9 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 oflhis 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 úom Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more úequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 6 20-10 5. Liquidated Damages The provisions ofthis 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 ITom 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 ITom monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions oftime, 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 Consnltant 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 ofExhibit 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 C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 7 20-11 interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant wil1 not acquire, obtain, or assume an economic' interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City ifConsultaI)t 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 ofthe Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term ofthis Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates sha11 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. C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page B 20-12 7. Hold Harmless Consultant shall defend, indemniíÿ, 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 ofthe 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, indemniíÿ, protect and hold harmless the City, its elected and appointed officers and employees, from and against aU claims for damages, liability, cost and expense (including without limitation attorneys fees) except for those claims arising from the negligence or wil1ful misconduct of City, its officers or employees. Consultant's indemnification shall include any and an costs, expenses, attorneys fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whetherthe 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 fol1owing indemnification provisions should be utilized: 1. Indemnification and Hold Harmless Agreement. With respect to any liability, including bùt not limited to 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 Professional Services covered under SectionX.2, the Consultant agrees to defend, indemniíÿ, 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 indemniíÿ, protect and held harmless shall not include any C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 9 20-13 claims or liabilities arising ITom the sole negligence or sole winful misconduct of the City, its agents, officers or employees. This section inno 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, attomeys fees, losses or payments for injury to any person or property, caused directly or indirectly ITom 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 Canse If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option ofthe 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, an finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 10 20-14 sole and exclusive property. ¡fthe 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. Assigna bility The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and sha1l not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material A1I reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City . City sha1l 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 sha1l not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City wi1l 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. C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 11 20-15 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out ofthis agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement ofthe numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant andlortheir 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 C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 12 20-16 . AH notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shaH be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shaH 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. C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYReSearch Network LTD. Approved FINAL Al.doc Approved final Page 13 20-17 Signature Page to Agreement between City or Chula Vista And Research Network LTD. For services relateu 1\1 the preparation or an update to Chula Vista Parks and Recrealion N~eds Assessment. IN WITNESS WI1EREOF.. City and ConslllJant have executed this Agreement therchy indicating that thcy have read and U]1ucr:;tt1od same, and indicate their full and complete consenttn its t.erms: Dated: Decem ber ¡ 4, 2004 City ofChula Vista by:___. Sterhcn C. Padilla, Mayor Allcst: Susan Oigelow, City Clerk Approved as to form: Ann Moore, City Attorney Oated: Research Nctwork l.TD. B Pamela Wooldridge, Principal Exhihit List to Agreement (X)Exhibit A. C1 \Documenls and set.t:inga\StephanieM\Local Settings\Túl'npoI'ðry 'lntl;'!rnet Filt:!.Q\OLK16\2PTYRE;!:search Network I/T'D. Approved FINAL A.dQC ^lJPLovec:1 t1n~] Page 14 20-18 Exhibit A to Agreement between City of Chula Vista and Research Network Ltd. 1. Effective Date of Agreement: December 14, 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: , a [insert business form] ("City") 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Research Network Ltd. 2700 I La paz Road, Suite 446 Mission Viejo, CA 92691 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYReSearch Network LTD. Approved FINAL Al.doc Approved final Page 15 20-19 6. Place of Business, Telephone and Fax Number of Consultant: 27001 La Paz Road, Suite 446 Mission Viejo, CA 92691 Voice Phone (949) 951-0120 Fax Phone (949) 95]-0]60 7. General Duties: Consultant shall prepare a parks and recreation needs assessment. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Consultant shall provide the following services all to the satisfaction of the Director of Recreation: TASK ONE: RESIDENT HOUSEHOLD TELEPHONE SURVEY 1.1 Agreement of Proposed Methodology The Consultant will include one meeting with appropriate Client representatives to refine the methodological direction for the project and to discuss the subject areas to be included in the telephone survey questionnaire. 1.2 Questionnaire Design Using input received from Staff, Consultant will design a draft questionnaire to be conducted by telephone. The subject areas of this interview may include, but are not limited to the following list of subjects excerpted from the survey conducted in East Chula Vista in 1996: Frequency of Parks and Recreation Facility Usage Most Often Used Park Frequency of Use of Most Used Park Positive Attributes of Most Often Used Park, Recreation or Program Facility Negative Attributes of Most Often Used Park, Recreation or Program Facility Satisfaction with Safety in ChuJa Vista Parks and Recreation Facilities Recreation Activity Participation for Each Household Member: Organized Softball (Adult) Organized Softball (Youth) Organized Baseball (Adult) Organized Baseball (Youth) C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 16 20-20 Organized Soccer (Youth) Basketball Organized Football (Youth) Rollerlblade skating Skate boarding Swimming in Public Pools for Recreation Using playground/tot lots W alkinglJ oggingIRunning Picnicking Tennis Indoor Classes (Adult) Indoor Classes (Youth) One Facility or Activity to Add to Study Area Preferred Feature in new Park or Recreation Facility Design Frequency of Recreation Program Usage Location of Recreation Program Participation Rating Priority of Suggested Facility or Program Improvements Softball fields for organized adult games Baseball fields for organized adult games Softball fields for organized youth games Baseball fields for organized youth games Soccer fields for organized youth games Indoor basketball courts Outdoor basketball courts Playgrounds and tot lots Picnic facilities Indoor areas for classes or programs for adults 65 and over Indoor areas for classes or programs for adults under 65 years Indoor areas for classes or programs for children under 18 years Football fields for organized youth games Swimming pool for recreation Swimming classes Walking paths Jogging and running paths Golf course Tennis courts Rollerlblade skating arena Skateboarding facility Age and Number of Persons in Hoùsehold Description of Household (singles, couples, etc.) Type of Residence/Ownership Characteristic Ethnicity Household Income Residence location by sub-area of the City C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final 20-21 Page 17 Residential Tenure During the questionnaire design task, input ÍÌ'om the City will be solicited in order to assure maximum applicability of the information gathered. The budget estimate assumes a questionnaire length of 15 minutes which accommodates the inclusion of approximately 70 questions/responses on the questionnaire. Significant reduction or expansion in the volume of questions/responses included in the survey instrument will impact the budget estimated. 1.3 Sample Design The sample for the telephone-administered survey will be designed to allow statistically valid inferences to be made during the final analysis of the universe (the City of Chula Vista and the Exemplar Areal) as well as four geographic sub-areas of the universe (1) Chula Vista West ofI805 and North ofL Street, 2) Chula Vista West ofI805 and South of L Street, 3) Chula Vista East ofI805 in Otay Ranch, and 4) Chula Vista East ofl805 not in Otay Ranch.) The following sample matrix identifies the total number of proposed interviews indicated as "N= '~: Parks and Recreation Needs Assessment Survey City ofChula Vista Proposed Sample Design N=800 City of Chula Vista Exemplar Area (Sublotal N=óOO, Í 4% Sample Errolj N=200 ± 7% Sample Error East Chula Vista West Chula Vista (Sublolal N=30O) (Sublolal N=.JOO) + ó%Samole Error + 6% SamDle Error Otay Ranch Non-Otay Northwest Southwest N=150, Ranch N=150, N=150 ± 8% Sample N=150, ± 8% Sample ± 8% Sample Error ± 8% Sample Error Error Error 1 An exemplar area located outside of ChuJa Vista will be selected to represent a community comparable (in density and resident profile) to the planned Urban Core area of Western Chula Vista. C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 18 20-22 The sample for the City Universe will be structured to align with known demographic characteristics (such as ethnicity and housing type) to further solidify the reliability ofthe sample. The sample for those interviews conducted within the City of Chula Vista will be primarily derived from a sample list purchased from a local organization specializing in providing random digit dial telephone lists. Such samples have the advantage of compensating for unlisted telephone numbers as well as functionally being made available in machine-readable form at a reasonable cost. The sample for those interviews conducted within the Exemplar Area and Otay Ranch area will be developed using telephone directories listed by street address. This process will require that the street names and addresses that pertain to the Exemplar Area and Otay Ranch be collected and alphabetized. The number of addresses required will be approximately 5 to 6 times the volume of completed interviews desired (approximately 1,200 addresses in the Exemplar Area and l,OOO addresses in Otay Ranch). The budget for the Exemplar Area and Otay Ranch sample development assumes that Staff will provide the street names/addresses for the exemplary residential projects. ln the case of those addresses for the Exemplar Area, the City may deem it desirable to provide information regarding the density and ownership form for each address as welL With this information, Consultant will make a comparison to street address telephone directories to produce a list of telephone number contacts. 1.4 Telephone Snrvey Data Collection Telephone response data will be collected by supervised professional interviewers using the resources of a professional field personneL Interviews in both English and Spanish will be accommodated. Ten percent of the total interviews will be validated for accuracy by supervisory staff. 1.5 Review of Marginal Results and Banner Design The consultant will complete a review of the marginal results for the telephone survey data and make written recommendations regarding the banner specifications to be used in the final tabulation of results. Based upon any revisions necessary, a final banner specifications set will be agreed upon. This budget estimate includes sub-analysis of the telephone sample of interviews into up to 80 sub-groups (four banners) which may include, but is not limited to, characteristics such as age, income, presence of children, park usage, sub-area, etc. C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 19 20-23 1.6 Complete Data Tabulations of Survey Responses After editing and coding are completed, the interviews will then be computer-processed with appropriate cross-tabulations specified. TASK TWO: HISTORICAL/FORECAST POPULATION & HOUSEHOLD GROWTH 2.1 Historical Populations and Household Growth Consultant will prepare a comprehensive analysis of historical population and household growth volumes and rates for the City of Chula Vista, those sub-areas identified in Task 1.3, SANDAG's South Suburban region, and the County as a whole during the 1990 to 2004 period. 2.2 Forecast Population and Household Growth Projections of anticipated population and household growth through the year 2030 (based upon the General Plan Update) will be compiled by Consultant for each ofthe geographic areas identified in Task 2. I. Such projections will be derived through a thorough analysis of existing projections compiled by recognized experts such as SANDAG, the California Department of Finance, the County of San Diego, contacts with appropriate City personnel in the local region, accommodation ofthe expanded vision for development within West Chula Vista and accommodation of the nature of growth anticipated in East Chula Vista. TASK THREE: ffiSTORICAUFORECAST DEMOGRAPffiC PROFILE 3.1 Historical Demographic Profile Consultant will prepare a comprehensive analysis of historical demography of the population for the City ofChula Vista, those sub-areas identified in Task 1.3, SANDAG's South Suburban region, and the County as a whole for 1990 and 2000, relying upon the resources of the Federal Census data. This demographic profile analysis will focus on changes in the demographic character- istics of the population during this time frame with particular emphasis on those factors that are predictors of parks and recreation demand patterns (age, income, presence of children, ethnicity). 3.2 Forecast Demographic Profile C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 20 20-24 Projections of anticipated change in demographic composition of the population through the year 2030 will be compiled by Consultant for each of the geographic areas identified in Task 3.1. Such projections will be derived through a thorough analysis of existing projections compiled by recognized experts such as SANDAG, the California Department of Finance , the County of San Diego, contacts with appropriate City personnel in the local region, accommodation of the expanded vision for development within West Chula Vista2 including knowledge gained from the survey of Exemplar Area residents, and accommodation of the nature of growth anticipated in East Chula Vista. This demographic profile forecast will focus on the demographic characteristics of the population that are predictors of parks and recreation demand patterns (age, income, presence of children, ethnicity). TASK FOUR: COMMUNITY RECREATION USER GROUP INTERVIEWS Consultant will provide to Staff a questionnaire to be distributed by the City to one key representative of each community recreation user group (e.g., soccer, baseball, football, tennis, etc.) for completion and return to Consultant Upon receipt of completed questionnaires, Consultant will analyze data and compare to usage data gleaned from the telephone survey to provide a foundation of information for the demand calculation conducted in Tasks Five and Six. TASK FIVE: 2004 PARKS NEEDS ASSESSMENT 5.1 Existing Parks and Recreation Demand Estimate Consultant will develop an estimate of existing parks and recreation facility demand accrued from today's residents of the City ofChula Vista and those sub-areas identified in Task 1.3. Such demand will be derived utilizing: o the results of the telephone survey research on usage and frequency patterns by specific recreation activity. o National Recreation and Park Association facilities to population standards. o current City standards, i.e., three acres of park land per thousand population. o existing population volume estimates and demographic characteristics profiled. 2 The expanded vision includes the addition of in-fill urban residential development such as multi-story condominiums, town homes, apartments and/or lofts. C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 21 20-25 5.2 Existing Supply/Demand Comparison Utilizing the inventory of existing parks, facilities, trails, and open space areas prepared by the City Staff as an estimate of current supply for the City of Chula Vista and those sub- areas identified in Task 1.3, Consultant will compare and contrast such supply with the demand estimated. The result of this comparison will be the identification of any exjsting surpluses or deficiencies in parks and recreation facilities for the City and sub-areas. TASK SIX: 2030 PARKS NEEDS ASSESSMENT 6.1 Forecast Parks and Recreation Demand Estimate Consultant will develop a forecast demand of future residents (at 2030) for the City of Chula Vista and those sub-areas identified in Task 1.3. This demand forecast will rely upon elements used in the existing demand calculation as well as: o forecast population growth. o anticipated change in demographic characteristics of the City population base (based on conclusions ITom Task 3.2). 6.2 Forecast Parks and Recreation Supply/Demand Comparison Utilizing a future supply component for the City of ChuIa Vista and those sub-areas identified in Task 1.3 provided by the City staff, Consultant will compare the forecast demand to derive the surplus/deficiency condition to the year 2030. TASK SEVEN: REPORT PREPARATION 7.1 Draft Parks and Recreation Needs Assessment Report Consultant shall prepare five copies of a draft written summary and presentation of the Parks and Recreation Needs Assessment findings and conclusions. 7.2 Final Parks and Recreation Needs Assessment Report Consultant shall incorporate necessary revisions and create a final approved report after the draft report has been reviewed and discussed with Staff. The final report work product C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 22 20-26 shall include 5 copies plus one original reproducible and an electronic file copy compatible with Microsoft Word 97. MEETINGS Consultant will be available for all meetings required during the initial start-up of the project and as may be required to keep the client abreast of the progress of the study. Included within the outlined budget are twelve meetings to be agreed upon with the Client. Additionally, we will be available to participate in additional meetings as required at the rate of $125 hourly for Principal time. Consultant shall develop and conduct a parks and recreation attitude and demand assessment for the western and eastern Chula Vista areas of the City and document findings and conclusions in written report format. Consultant's services shall consist of the following: 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. I: Demographic Analysis Summary Memorandum (within six weeks of effective date of contract) Deliverable No.2: Draft Parks and Recreation Needs Assessment Report (within ] 4 weeks of effective date of contract) Deliverable No.3: Final Parks and Recreation Needs Assessment Report (within 17 weeks of effective date of contract) D. Date for completion of all Consultant services: . Within 26 weeks of effective date of contract. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. C:\Documents and Settings\StephanieM\Loçal Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 23 20-27 (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance; None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Cousultant: The City shaIJ supply the consultant with existing public park inventory information, current and projected demographic information, and street names/addresses for the exemplary and Otay Ranch residential projects as described in Task One, 1.3. 11. Compensation: A. () Single Fixed Fee Arrangement For performance of aIJ of the Defined Services by Consultant as herein required, City shaIJ pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: SingJe Fixed Fee Amount: , payable as foHows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) 1. Interim Monthly Advances. The City shaIJ make interim month1y advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase on1y the compensation for that phase has been paid. Any payments made hereunder shaIJ be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shaIJ receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the fuH retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shaIJ designate, but on1y upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shaIJ have represented in writi ng that said percentage of completion of the phase has been performed by the C:\Docurnents and Settings\StephanieM\Local Settìngs\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 24 20-28 Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. For the perfonnance 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 DeIiverabIes 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 1. 2. 3. Fee for Said Phase $ $ $ ( ) 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been perfonned by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 25 20-29 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 herein below according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all ofthe Defined Services herein required of Consultant for $ 102.840 including all Materials, and other "reimbursables" ("Maximum Compensation"). IfCity, in its sole discretion, provides Errors and Omissions Insurance on behalf of the Consultant for the described scope of work contained in this Agreement, Consultant's compensation shall be reduced in an amount equal to the cost of the City acquiring said insurance. (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 Principal Pamela Wooldridge $ 125 (X) Hourly rates may increase by 6% for services rendered after May, 2005, if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 26 20-30 (X) None, the compensation includes all costs. Cost or Rate' () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 13. Contract Administrators: City: Joe Gamble, Landscape Planner II, Public Services Building 276 Fourth Avenue, Chula Vista, CA 91910, (619) 397-6030 Voice Phone (619) 397-6030 Fax Phone (619) 397-6295 Consultant: Pamela Wooldridge, Principal Research Network Ltd. 27001 La Paz Road, Suite 446, Mission Viejo, CA 92691 Voice Phone (949) 951-0120 Fax Phone (949) 951-0160 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 ofincome. C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL Al.doc Approved final Page 27 20-31 ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. () Category NO.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. () Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles ofProjett Property, if any: N/A 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Su bconsultants: U.S. Field Research. Coman Consulting 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X ) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 28 20-32 (X ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: PR 262 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: C:\Documents and Settings\StephanieM\Local Settings\Temporary Internet Files\OLK16\2PTYResearch Network LTD. Approved FINAL AI.doc Approved final Page 29 20-33 RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND RESEARCH NETWORK, LTD., FOR THE PREPARATION OF A PARKS AND RECREATION NEEDS ASSESSMENT UPDATE, AMENDING THE FY05 CAPITAL IMPROVEMENT PROGRAM (CIP) BUDGET BY APPROPRIATING $102,840 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE (PFDIF) AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the original Parks and Recreation Needs Assessment Study was previously prepared by Research Network, LTD. in 1996/1997; and WHEREAS, the needs assessment information was utilized by staffin the preparation of the Citywide Parks and Recreation Master Plan, adopted by the City Council in November 2002; and WHEREAS, the preparation and anticipated adoption of the General Plan Update and Urban Code Specific Plan will result in an expanded vision for the City beyond that anticipated under the previously prepared Parks and Recreation Needs Assessment Study and Citywide Parks and Recreation Master Plan; and WHEREAS, the update to the Parks and Recreation Needs Assessment Study will allow staff to update the original Citywide Parks and Recreation Master Plan; and WHEREAS, having worked on the previous Parks and Recreation Needs Assessment Study, the Research Network, LTD. has established familiarity with Chula Vista's demographics and park and recreation needs issues; and WHEREAS, the Consultant's knowledge and farniliaritywith Chula Vista and the southern California region at large makes this Consultant uniquely qualified to prepare the needs assessment update; and WHEREAS, Research Network, LTD represents that it is experienced and staffed in a marmer such that they can prepare and deliver the required services to the City within the necessary tÎrneframes in accordance with the terms and conditions of the agreement (Exhibit A); and 1 20-34 WHEREAS, staff recommends the waiving of the consultant selection process of Municipal Code Section 2.56.110 as impractical in the interest of preparing necessary studies in a timely and efficient marmer; and WHEREAS, the total cost of the contract with Research Network, LTD for consulting services is an amount not to exceed $102,840. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista, does hereby waive the consultant selection process and approves the two-party agreement with Research Network, LTD for preparation of an update to Chula Vista Parks and Recreation Needs Assessment, amending the FY05 Capital Improvement Program budget by appropriating $102,840 from the available balance of the Public Facilities Development Impact Fee (PFDIF). 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. Presented by: Approved as to form by: dcÝ!~'1 Moore City Attorney ~ü~ Buck Martin Director of Recreation J:\Attomey\reso\Agreements\ Waiving consultant selectioo -Research Network 2 20-35 COUNCIL AGENDA STATEMENT ITEM TITLE: Item: d\ Meeting Date: 12/14/04 (a) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Hilltop Middle School for the provision of extended before and after- school program hours, amending the FY05 Recreation Department budget by appropriating $4,041 based on unanticipated revenue, and authorizing the Mayor to execute said agreement; (b) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School for the provision of extended before and after- school program hours, amending the FY05 Recreation Department budget by appropriating $10,797 based on unanticipated revenue, and authorizing the Mayor to execute said agreement; (c) Resolution Approving the Memorandum of Understanding between the City of Chula Vista and the YMCA of San Diego County for the provision of before and after- school program hours at Castle Park Middle School and Hilltop Middle School, amending the FY05 Recreation Department budget by appropriating $6,763 based on unanticipated revenue, and authorizing the Mayor to execute said agreement; (d) Resolution Accepting a grant in the amount of $1,750 from the Police Activities League (PAL) for the provision of youth sports in the Middle Schooi After School Program, and amending the FY05 Recreation Department budget by appropriating $1,750 based on unanticipated revenue; and (e) Resolution Amending the FY05 Recreation Department budget by appropriating $3,100 based on unanticipated donation revenue from Elite Racing for the Middle Schoof After School Program SUBMITTED BY, Dfrecto' of R"~'ti@ REVIEWED BY: City Manage~¡(¡v (4/5ths Vote: Yes X No _) Hilltop Middle School and Chula Vista Middle School have been awarded a State grant for the provision of additional before- and after- school programming hours. The Schools have asked the Recreation Department to provide these services, via Memorandums of Understanding (MOU), for $4,041 and $10,797, respectively (please see Attachments "1" and "2"). These hours are in addition to the existing after-school hours provided by the Department to the Schools. The City has also been awarded $1,750 from the Police Activities League (PAL) to provide programs and services for youth. This program provides middle school age children with sports activities that are designed build self-esteem and sportsmanship through athletics. In addition 21-1 Page 2, Item -º\ Meeting Date: 12/14/04 the City has been awarded the sum of $3,100 from Elite Racing for participation by middle school students in the Arturo Barrios Race as aid station attendants and other race support assistance. Additionally, the YMCA of San Diego County has requested that the Recreation Department provide after school programming at Castle Park Middle School and Hilltop Middie School as part of the Critical Hours Program, via a Memorandum of Understanding (MOU), for $6,763 (Attachment 3). RECOMMENDATION: That Council: (a) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Hilltop Middle School for the provision of extended before- and after- school program hours, amending the FY05 Recreation Department budget by appropriating $4,041 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. (b) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School for the provision of extended before- and after- school program hours, amending the FY05 Recreation Department budget by appropriating $10,797 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. (c) Adopt the resolution approving the Memorandum of Understanding between the City of Chula Vista and the YMCA of San Diego County for the provision of after school program hours at Castle Park Middle School and Hilltop Middle School, amending the FY05 Recreation Department budget by appropriating $6,763 in Personnel Services based on unanticipated revenue, and authorizing the Mayor to execute said agreement. (d) Adopt the resolution accepting the Police Activity League (PAL) grant for the provision of youth after school services, and amending the FY 05 Recreation Department Budget by appropriating $1,750 in Supplies and Services based on unanticipated grant funds. (e) Adopt the resolution accepting the Elite Racing grant for the provision of youth after school services, and amending the FY 05 Budget by appropriating $3,100 in Supplies and Services based on unanticipated donation revenue. BOARDS/COMMISSIONS RECOMMENDATION: N/A. DISCUSSION: The Recreation Department and the Sweetwater Union High School District (District) jointly fund the Middle School after-school program (Club Teen Connection or Club TC). The program is additionally funded from Critical Hours Grants and Safe Neighborhood, Safe Schools Grants received by the individual schools. Collaborative partners in the program include South Bay YMCA and South Bay Community Services, as well as the individual schools. Activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more. The program is free to all participants. 21-2 Page 3, Item ;;;¿L Meeting Date: 12/14/04 The existing core program hours and participating schools are: Chula Vista Middle School Rancho Del Rey Middle School Castle Park Middle School Hilltop Middle School Eastlake Middle Bonita Vista Middle Monday through Friday, 3: 15 - 5: 15 PM Monday through Friday, 3:00 - 5:00 PM Monday through Friday, 3:00 - 5:00 PM Monday through Friday, 3:15 - 5:15 PM Monday through Friday, 3:00 - 5:00 PM Monday and Wednesday, 3:00 - 5:00 PM Due to the success of the program, Hilltop Middle School and Chula Vista Middle School have requested that additional hours of daily programming be provided by the Department, to be funded from a new State grant. Hilltop Middle School is proposing an MOU with the City for $4,041 to fund staffing for new extended from 5:15pm to 6:15pm Monday through Friday. The MOU covers the school year, from September 7,2004 through June 17, 2005. Chula Vista Middle School is proposing an MOU with the City for $10,797 to fund staffing for new extended hours from 6:15am to 8:15am and from 5:15pm to 6:15pm Monday through Friday. This MOU covers the school year, from September 7,2004 through June 17, 2005. Critical Hours: The YMCA Youth and Family Services has awarded the City, through its Recreation Department, a $6,763 contract for the provision of enhanced after-school programming at Castle Park Middle School and Hilltop Middle School. The funding is part of a grant applied for and received by the Chula Vista Youth Coalition from the County of San Diego Critical Hours funding. The YMCA is the designated fiscal agent for the grant, and, as such, is subcontracting various services to be provided by several Youth Coalition members. PAL: As part of the collaborative effort in Club TC, the Recreation Department offered to provide a flag football program for seventh and eighth grade students from the middle school program. Partial funding for the program came from a Police Activities League (PAL) grant of $1,750. Teams from Castle Park Middle, Chula Vista Middle, Eastlake Middle, Hilltop Middle and Rancho Del Rey Middle School participated in a seven-week flag football league, with games played on Saturdays at Otay Ranch High School. Participants received T-shirts with PAL logos, certificates of participation, and a season-ending pizza party. Trophies were awarded in two divisions. Elite Racing: The City was awarded the sum of $3,100 from Elite Racing, the race organizer for the Arturo Barrios Race, for participation by middle school students in the 2003 Arturo Barrios Race as aid station attendants and for other race support assistance. The funds will provide for cheerleading programs at all six Middle Schools and Friday special events, which are designed to attract new participants to the Middle School After School Program as well as provide healthy and safe activities after school. FISCAL IMPACT: The FY05 budget for the Recreation Department is proposed to be amended, as follows, with no net impact to the General Fund: 21-3 Page 4, Item _ Meeting Date: 12/14/04 (a) An appropriation of $4,041 for staffing costs associated with the provIsion of additional program hours for the 2004-05 school year, from September 7, 2004 through June 17,2005, at Hilltop Middle School. The school will reimburse the City for expenses following the submittal of quarterly invoices for services rendered. (b) An appropriation of $10,797 for staffing costs associated with the provision of additional program hours for the 2004-05 school year, from September 7, 2004 through June 17, 2005, at Chula Vista Middle School. The school will reimburse the City for expenses following the submittal of quarterly invoices for services rendered. ( c ) An appropriation of $6,763 for staffing hours and related costs for provision of services at two middle schools. The YMCA of San Diego County is subcontracting with the City for $6,763, or $3,396.50 for each of two school sites (Castle Park and Hilltop Middle Schools). The YMCA will reimburse the City for expenses following the submittal of invoices for services rendered. (d) An appropriation of $1,750 in unanticipated revenue from PAL grants for Supplies and Services for Middle School After School sports programs. (e) An appropriation of $3,100 in unanticipated revenue from the Library Donation Deposit account from Elite Racing for Supplies and Services for Middle School After School programs. Attachment: "1" - Agreement between Hilltop Middle School and City of Chula Vista Attachment: "2" - Agreement between Chula Vista Middle School and City of Chula Vista Attachment "3" - Agreement between the YMCA of San Diego County and the City of Chula Vista 21-4 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 Ann Moore City Attorney Dated: MOD between the City ofChula Vista and Hilltop Middle School for the.provision of extended before and After School program hours 21-5 Attachment 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and Hilltop Middle School (hereinafter "Middle School") to provide after-school program hours at Hilltop Middle School during the time school is in session between September 7,2004 and June 17, 2005; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBILITIES OF THE HILLTOP MIDDLE SCHOOL 1. Provide on-site indoor and outdoor facilities for the additional after-school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful after-school program. 3. Host bi-weekly meetings with City· staff to discuss program goals and effectiveness. 4. F;rovide storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the after-school program hours. 6. Pay to the City an amount up to $4,041 for the City staff costs to provide the additional after-school program hours, as shown in Attachment A. II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA 1. Provide sports and recreational activities similar to the existing after school pmgram to students participating in the additional after-school program. Activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more. The program is free to all Page 1 21-6 participants. 2. Provide Recreation Department staff to operate the additional after- school program at Hilltop Middle School, during the days school is in session, from September 7,2004 through June 17, 2005. Staffing will consist of 190 hours of Recreation Specialist and 190 hours of Recreation Leader for a total of 380 hours at the City's prevailing wages. Additional after-school hours are added for both the Recreation Leader and Recreation Specialist, from 5:15pm to 6:15pm Monday -Friday. Please see attachment "A" for a complete list of hours by staff and the time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the After School Coordinator or appropriate Middle School staff. 4. Attend bi-weekly meetings with Middle School staff to discuss program goals and effectiveness. 5. Provide a Recreation Department Supervisor to oversee and coordinate the additional after-school program, in cooperation with Middle School staff. III. COMPENSATION Hilltop Middle School agrees to pay the City up to $4,041 to support activities provided by the City for the additional after-school program. Compensation shall be based on the prevailing hourly wage for each City employee performing services pursuant to this Agreement. In addition to said hourly wage, City shall also be compensated for all retirement and Medicare costs attributable to those employees. The City will invoice Hilltop Middle School twice during the school year beginning January 28, 2005 and at the school end, June 17, 2005 payable within 30 days of receipt. IV. TERM/TERMINATION The term of this Agreement shall commence on September 7, 2004, and continue through June 17, 2005, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate this Agreement. V. HOLD HARMLESS /INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the Page 2 21-7 performance of this subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federallawsfregUlations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: December 7,2004 THE CITY OF CHULA VISTA Stephen C. Padilla, Mayor ~ M Approved as to form by: Ann Moore City Attorney Page 3 21-8 Attachment A City of Chula Vista Recreation Department Staffing For Additional After-school Program At Hilltop Middle School The City shall provide the following staff and hours for the period of September 7, 2004 through June 17, 2005, on the days that school is in session from Monday through Friday, based on 180 school days: 5:15pm - 6: 15pm (1.00 hours per day - Monday - Friday) Recreation Leader: - 190 hours Recreation Specialist: - 190 hours TOTAL: 380 Hours Page 4 21-9 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND HILLTOP MIDDLE SCHOOL DISTRICT FOR THE PROVISION OF EXTENDED BEFORE AND AFTER SCHOOL PROGRAM HOURS, AMENDING THE FY 05 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $4,041 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the Hilltop Middle School has been awarded a State grant for the provision of additional before and after school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandum of Understanding (MOD) for $4,041; and WHEREAS, these hours are in addition to the existing after-school hours provided by the Department to the School. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and Chula Vista Middle School for the provision of extended before and after school program hours, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the FY05 Recreation Department budget is hereby amended by appropriating $4.041 in unanticipated revenue. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City of Chula Vista. Presented by Approved as to form by Buck Martin Recreatio·n Director J:\AttomeyIRESOIMOU Hilltop After SchooL doc 21-10 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 Ann Moore City Attorney Dated: MOU between the City ofChula Vista and Chula Vista Middle School for the provision of extended before and After School program hours .2/-1/ ---.--,...-.""- . ._.,""---~. Attachment 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL THIS AGREEMENT, by and between the City of Chula Vista, a municipal corporation (hereinafter "City"), and Chula Vista Middle School (hereinafter "Middle School") to provide before- and after- school program hours at Chula Vista Middle School during the time school is in session between September 7, 20'04 and June 17, 2005; NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties hereto as follows: I. RESPONSIBILITIES OF THE CHULA VISTA MIDDLE SCHOOL 1. Provide on-site indoor and outdoor facilities for the additional before- and after- school program appropriate to the number of participants. 2. Promote and foster a positive environment for the development of a successful before- and after- school program. 3. Host bi-weekly meetings with City staff to discuss program goals and effectiveness. 4. Provide storage for the City's staff supervisor (Recreation Specialist). 5. Provide an on-site After School Coordinator or staff during the before- and after- school program hours. 6. Pay to the City an amount up to $10,797 for the City staff costs to provide the additional before- and after- school program hours, as shown in Attachment A II. RESPONSIBILITIES OF THE CITY OF CHULA VISTA 1. Provide sports and recreational activities similar to the existing after school program to students participating in the additional before- and after- school program. Activities include sports, crafts, homework help, games, special events, field trips, specialized classes and much more. The program is free to Page 1 21-12 all participants. 2. Provide Recreation Department staff to operate the additional before- and after- school program at Chula Vista Middle School, during the days school is in session, from September 7, 2004 through June 17, 2005. Staffing will consist of 304 hours of Recreation Specialist and 684 hours of Recreation Leader for a total of 988 hours at the City's prevailing wages. Additional before-school hours will be from 6:15am to 8:15am Monday - Friday for a Recreation Leader. Additional after-school hours are added for both the Recreation Leader and Recreation Specialist, including one additional hour from 5: 15pm to 6: 15pm Monday -Friday. Please see attachment "A" for a complete list of hours by staff and the time of day. 3. Submit completed daily attendance rosters for each activity provided by City to the After School Coordinator or appropriate Middle School staff. 4. Attend bi-weekly meetings with Middle School staff to discuss program goals and effectiveness. 5. Provide a Recreation Department Supervisor to oversee and coordinate the additional before- and after- school program, in cooperation with Middle School staff. III. COMPENSATION Chula Vista Middle School agrees to pay the City up to $10,797 to support activities provided by the City for the additional before- and after- school program. Compensation shall be based on the prevailing hourly wage for each City employee performing services pursuant to this Agreement. In addition to said hourly wage, City shall also be compensated for all retirement and Medicare costs attributable to those employees. The City will invoice Chula Vista Middle School twice during the school year beginning January 28, 2005 and at the school end, June 17, 2005 payable within 30 days of receipt. IV. TERM/TERMINATION The term of this Agreement shall commence on September 7, 2004, and continue through June 17, 2005, matching the term of the grant funding previously mentioned. Either party upon sixty- (60) day advance written notice may terminate this Agreement. Page 2 21-13 V. HOLD HARMLESS I INDEMNIFICATION Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the performance of this subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. it is understood that such indemnity shall survive the termination of this agreement. VI. FINGERPRINT CLEARANCE Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle School discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status and/or duties will be altered to comply with all local, state, and federal laws/regulations. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day indicated in the terms of the Agreement. Dated: December 7,2004 THE CITY OF CHULA VISTA CHULA VISTA MIDDLE SCHOOL Stephen C. Padilla, Mayor Sandra Bisho , Approved as to form by: Ann Moore City Attorney Page 3 21-14 Attachment A City of Chula Vista Recreation Department Staffing For Additional Before- and After- School Program At Chula Vista Middle School The City shall provide the following staff and hours for the period of September 7, 2004 through June 17, 2005, on the days that school is in session, from Monday through Friday, based on 180 school days: 5: 15pm - 6: 15pm (1 hour per day) Recreation Specialist: - 190 hours Recreation Leader - 190 hours TOTAL: 380 hours 6: 15am - 8: 15am (2 hours per day) Recreation Leader - 380 hours' TOTAL: 380 hours Hours for staff meetinqs. field trips. special events, PHAT Fridays, as needed Recreation Specialist: - 113.75 hours Recreation Leader - 113.75 hours TOTAL: 228 hours Summarv: Recreation Specialist: - 303.75 hours Recreation Leader - 683.75 hours TOTAL: 988 hours . The Chula Vista Middle School will ensure that additional staff from the school and the South Bay Community Services, a collaborative partner to the school, is also present during these hours so that the Recreation Leader is not alone during these early morning hours. Page 4 21-15 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA MIDDLE SCHOOL FOR THE PROVISION OF EXTENDED BEFORE AND AFTER SCHOOL PROGRAM HOURS; AMENDING THE FY 05 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $10,797 IN UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the Chula Vista Middle School has been awarded a State grant for the provision of additional before and after school programming hours; and WHEREAS, the School has asked the City Recreation Department to provide these services, via a Memorandum of Understanding (MOD) for $10,797; and WHEREAS, these hours are in addition to the existing after-school hours provided by the Department to the School. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the Memorandum of Understanding between the City ofChula Vista and Chula Vista Middle School for the provision of extended before and after school program hours, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the FY05 Recreation Department budget is hereby amended by appropriating $10,797 in unanticipated revenue. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute the MOU on behalf of the City ofChula Vista. Presented by Approved as to fonn by Buck Martin Recreation Director ~~~~ City Attorney J;\AttomeylRESOIMOU CVMS After School 2004.doc 21-16 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 Dated: MOU between the City of Chula Vista and . YMCA of San Diego County for the provision of extended before and After School program hours at Castle Park Middle School and Hilltop Middle School 21-17 Attachment 3 SUBCONTRACT BETWEEN THE YMCA OF SAN DIEGO COUNTY, YOUTH & FAMILY SERVICES· SCHOOL OUTREACH SERVICES AND THE CITY OF CHULA VISTA This Subcontract, entered into on this day of 2004, by and between the YMCA of San Diego County - Youth & Family Services (''YMCA"), a California Non-Profit Public Benefit Corporation, 4080 Centre Street, #101, San Diego, CA 92103, hereinafter referred to as YMCA and the City of Chula Vista, 276 - 4th Ave, Chula Vista, CA 91910 ("City"). RECITALS WHEREAS, the County of San Diego ("County") has established the Critical Hours Program, which purpose is to provide after school sports, recreation activities and specialized classes to students during the hours of the day when most parents are still at work; and WHEREAS, the County has contracted with the YMCA to implement this program in schools throughout the County; and WHEREAS, the YMCA and the City desire to work cooperatively to operate the Critical Hours Program at Castle Park and Hilltop Middle Schools, which are part of the Sweetwater Union High School District (hereinafter "District"); and WHEREAS, to effectuate this goal, the YMCA is subcontracting with the City to provide after school sports, recreational activities, and specialized classes to students at the Middle Schools; and WHEREAS, the purpose of this Subcontract is to establish a formal working relationship between the YMCA and the City, based upon the policy, set forth in the Critical Hours Program contract between the County and YMCA. NOW, THEREFORE, the Parties hereto do mutually agree as follows: I. RESPONSIBILITIES OF THE YMCA The YMCA shall perform the following: A. Fiscal Lead Agency 1. YMCA shall serve as the lead fiscal agency in obtaining funds for the administration and 0 peration 0 f t he Critical Hours Program at Castle Park and Hilltop Middle Schools. 21-18 2. Administer and report back to the funding source, the County, on the objectives outlined in the Critical Hours contract. 8. Program staffing. The YMCA agrees to provide the following staff to meet the Critical Hours objectives: Regional Coordinator to oversee both sites and 0 ne Site Supervisor and 0 ne Youth 0 utreach Leader per site. C. Program Management - as per contract with the County. D. Program Monitoring - as per contract with the County. E. Program Evaluation - as per contract with the County. II. RESPONSIBILITIES OF THE CITY The City shall perform the following services at Castle Park and Hilltop Middle Schools: A. Provide sports and recreational activities similar to the existing after school program to students participating in the Critical Hours-funded after school program. Planned activities include sports, crafts, homework help, games, special events, field trips, and specialized classes. The program shall be free to all participants. 8. Allocate Recreation Department staff time to after school programs at Hilltop Middle School and at Castle Park Middle School as outlined in Attachment A. C. Provide contractual classes in the area of recreation, as needed, as an incentive for youth participating in Critical Hours programs at both Castle Park and Hilltop Middle Schools. D. Adhere to all program objectives as required by the County-YMCA Critical Hours contract. E. Notify YMCA Critical Hours Site Supervisors should staff be unable to attend any of the required days or if contractual services schedules need to be changed. F. Staff shall attend all trainings for Critical Hours and other appropriate trainings provided by the Chula Vista Youth Coalition. This Coalition is comprised of all of the agencies involved with the Middle School after school program. 2~-19 G. Staff shall participate in community events such as Safe Nights, school orientations and other events sponsored by the Chula Vista Youth Coalition. III. COMPENSATION A. The YMCA a grees to compensate the City the sum of up to $ 6,763 from the Critical Hours Program funds granted to the YMCA by the County to pay for the City staff time actually expended to perform the after school programs which are the subject of this Subcontract. This amount is based on $3,379 ($337.94 per month) for Hilltop Middle School and $3,384 ($338.42 per month) for Castle Park Middle School. The only City services/expenditures eligible for payment are those costs outlined in Attachment A. Payment will be made only upon submittal of an invoice as detailed below. This is also contingent upon the program being operational from September 7, 2004 - June 17, 2005. All invoices must be accompanied by a computer-generated (not spreadsheet) report for the funds being requested for reimbursement. A trial balance sheet, general ledger or a report that shows revenue and expense for this Subcontract shall be accepted. All invoices shall show staff names, positions, hourly rates, and costs. B. Transfer payments shall be made to the City within one month of the YMCA receiving payment from the County and is contingent upon receipt of monthly statistical reports, Attachment 3 - CSA Debarment and OIG Exclusion List Check, and the computer-generated report detailing all program-related expenses. Failure to send in the requested required Debarment form, and computer-generated report shall result in a delay of payment. IV. TERMITERMINATION A. The term of this Subcontract shall commence on September 7, 2004 and continue through June 17, 2005. This Subcontract may be terminated by either party upon thirty (30) day advance written notice. V. AMENDMENTS A. Amendments to this Subcontract may only be made through a mutual written agreement by both parties. 213.20 VI. HOLD HARMLESS INDEMNIFICATION A. Each party agrees to hold harmless the other, their elected and appointed officers, trustees, agents and employees from and against all claims or damages, liability or costs and expense (including without limitation attorney's fees) arising out of the performance of this Subcontract by the parties, their agents, employees, subcontractors or others, except for only those claims arising from the sole negligence or sole willful misconduct of either party, or their officers or employees. It is understood that such indemnity shall survive the termination of this Subcontract. B. The YMCA shall be maintain a $2 million in liability insurance and shall name the City, the County and the District as additionally insured. VII. FINGERPRINT CLEARANCE A. Each party is responsible for fingerprinting its employees who will be working with students. If the City or Middle Schools discover that an individual in their respective employment is placed at the school site who has a serious or violent felony conviction as defined by the Education Code, Section 44830.1, or a sex offense conviction or controlled substance conviction as defined by the Education Code, Section 44011, that individual's employment status a ndfor duties will be altered (to the extent allowed by law) to comply with all local, state, and federallawsfregulations. IN WITNESS WHEREOF, the City and the YMCA have executed this Subcontract thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: By City of Chula Vista Date x- l I /;;Ie¡ h rf / I By Stephen C. Padilla, Mayor Title Date Approved as to form by: Ann Moore, City Attorney 21¢-21 Attachment A City of Chula Vista Recreation Department Staffing For Additional After- School Programs At Hilltop and Castle Park Middle Schools The City shall provide the following staff and hours for the period of September 7,2004 through June 17,2005, on the days that school is in session, funded by the Critical Hours Grant: Hilltop Middle School Fall: Monday and Wednesday 3:15 - 5:15pm for 15 weeks Winter and Spring: Monday and Wednesday 3:15 - 5:15 pm for 23 weeks Parent Orientations/Open Housefrrainings: Three times per year (7 hours total) Recreation Specialist - 159 hours = $1,867 Recreation Leader - 159 hours = $1,512 Total: 318 hours = $3,379 Castle Park Middle School Fall: Tuesday and Thursday 3:15 - 5:15pm for 15 weeks Winter and Spring: Tuesday and Thursday 3:15 - 5:15pm for 23 weeks Parent Orientations/Open Housefrrainings: Three times per year (7 hours total) Recreation Specialist - 159 hours = $1,867 Recreation Leader - 159 hours = $1,517 Total: 318 hours = $3,384 Grand Total: $6,763 215"22 RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CIDJLA VISTA AND THE YMCA OF SAN DIEGO COUNTY FOR THE PROVISION OF BEFORE AND AFTER-SCHOOL PROGRAM HOURS AT CASTLE PARK MIDDLE SCHOOL AND HILLTOP MIDDLE SCHOOL, AMENDING THE FY05 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $6,763 BASED ON UNANTICIPATED REVENUE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the YMCA of San Diego County has requested that the Recreation Department provide after school programming at Castle Park Middle School and Hilltop Middle School as part of the Critical Hours Program; and WHEREAS, the YMCA Youth and Family Services has awarded the City, through its Recreation Department, a $6,673 contract for the provision of enhanced after-school programming at Castle Park Middle School and Hilltop Middle School; and WHEREAS, the funding is part of a grant applied for and received by the Chula Vista Youth Coalition from the County of San Diego Critical Hours funding; and WHEREAS, the YMCA is the designated fiscal agent for the grant, and as such, is subcontracting various services to be provided by several Youth Coalition members. NOW, THEREFORE, BE IT RESOLVED the City Council of the City ofChula Vista does hereby approve the Memorandum of Understanding between the City of Chula Vista and the YMCA of San Diego County for the provision of after school program hours at Castle Park Middle School and Hilltop Middle School, amending the FY05 Recreation Department budget by appropriating $6,763 in Personnel Services based on unanticipated revenue, a copy of which will be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City ofChula Vista is hereby authorized to execute said Memorandum of Understanding on behalf of the City of Chula Vista. Presented by Approved as to fo= by rz~ ~{~t"L Ann Moore City Attorney Buck Martin Director of Recreation . J:lAttorneyIRESOIMOU\MOU YMCA 2004 21-23 RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT IN THE AMOUNT $1,750 FROM THE POLICE ACTIVITIES LEAGUE (pAL) FOR PROVISION OF YOUTH SPORTS IN THE MIDDLE SCHOOL AFTER SCHOOL PROGRAM, AND AMENDING THE FY05 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $1,750 BASED ON UNANTICIPATED REVENUE WHEREAS, the City has been awarded $1,750 from the Police Activities League (PAL) to provide programs and services for youth; and WHEREAS, the program provides middle school age children with sports activities that are designed to build self-esteem and sportsmanship through athletics; and WHEREAS, as part of a collaborative effort in the Club TC, the Recreation Department offered to provide a flag football program for seventh and eighth grade students from the middle school program; and WHEREAS, partial funding for the program came from a Police Activities League (PAL) grant of$1,750. NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista does hereby accepts a grant in the amount of $1,750 from the Police Activities League (pAL) for the provision of youth sports in the Middle School After School Program, and amending the FY05 Recreation Department budget by appropriating $1,750 based on unanticipated revenue, a copy of which will be kept on file in the office of the City Clerk. Presented by Approved as to form by Buck Martin Director of Recreation J:lAnomeyIRESOIMOU\MOU PAL 2004 21-24 RESOLUTION NO. 2004- - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY05 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $3,100 BASED ON UNANTICIPATED DONATION REVENUE FROM ELITE , RACING FOR THE MIDDLE SCHOOL AFTER SCHOOL PROGRAM WHEREAS, the City was awarded the sum of $3,100 from Elite Racing, the race organizer for the Arturo Barrios Race, for participation by middle school students in the 2003 Arturo Barrios Race as aid station attendants and for other race support assistance; and WHEREAS, the funds will provide for cheerleading programs at all six Middle Schools and Friday special events, which are designed to attract new participants to the Middle School After School Program as well as provide healthy and safe activities after school. NOW, THEREFORE, BE IT RESOLVED the City Council of the CityofChula Vista does hereby amend the FY05 Recreation Department budget by appropriating $3,100 based on unanticipated donation revenue from Elite Racing for the Middle School After School Program, a copy of which will be kept on file in the office of the City Clerk. Presented by Approved as to form by Buck Martin Director of Recreation J:\AttomeyIRESOIMOU\MOU Elite Racing 2004 21-25 Item ..:;;;;.::;... Meeting Date 12/14/2004 COUNCIL AGENDA STATEMENT ITEM TITLE: Report Regarding the Development Impact Fee (DIF), Park Acquisition and Development (PAD) Fee, and Trunk Sewer Capital Reserve Funds for the Fiscal Year Ended June 30, 2004 Resolution No. Finding that the Unexpended Funds in the PAD Fee Fund are still needed to provide for construction of facilities for which the fees were collected SUBMITTED BY: Director ofFinanc~ Director of General Services REVIEWED BY: City ManagerG'I<- "\,,, ¡¡,I 1/ (4/5THS Vote: Yes_NolO BACKGROUND: State Government Code Section 66000 requires local agencies assessing Development Impact Fees (DIF) and sewer capacity charges to make available specified financial data to the public each fiscal year. It also requires that the local agency provide this information to the public for a minimum of fifteen days prior to reviewing this information at a public meeting. These reports satisfY that requirement and have been available in the City Clerk's office for public review since November 30, 2004. We have also included the report on Parkland Acquisition and Development (PAD) fees in the same report for ease of reference and convenience to the public. Local agencies are also required to make findings every five years for any DIF funds remaining unexpended that identifY the purpose of the fee and demonstrate a reasonable relationship between the fee and the purpose for which it was charged. This year the City has elected to make such findings for any funds remaining unexpended for five or more years. RECOMMENDATION: That Council accept the report and approve the Resolution finding that the unexpended Recreation component of Public Facilities DIF funds are still needed to provide construction of facilities for which the fees were collected. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: 22-1 Item ,,;:;:>..::.t Meeting Date 12/14/2004 The City ofChula Vista has several types of Development Impact Fees, Parkland Acquisition and Development fees, and Trunk Sewer Capital Reserve fees, which were assessed during the fiscal year ending June 30, 2004. The major categories of DIFs are for transportation, traffic signal, park, drainage, sewer and public facilities. The Transportation DIF was increased in October 2003 from $8,180 to $8,290 per single family equivalent dwelling unit (EDU). The Traffic Signal fee, last updated in October 2002, was increased by Council in October 2003 from $23.72 to $24.04 per average daily vehicle trip to account for inflation. Other existing DIFs remain at the same rate as the previous year. DEVELOPMENT IMPACT FEES TRANSPORTATION DEVELOPMENT IMPACT FEE This fee was adopted by the City to finance and coordinate the construction of new transportation facilities so that streets are built when needed. This fee is applicable to all new development east ofI-805. Prior to the program, streets were built by developers in a fragmented fashion with 6- lane facilities, necking down to 2-1anes and expanding back to 6 lanes again. In addition, there was a fairness issue since some developers fronted on large streets and others did not. Now all developers in the Eastern portion of Chula Vista pay the same fee per dwelling unit and either the City constructs the street or a developer does. If the developer constructs the street they will receive a TransDIF fee credit when they apply for a building permit. The fee for FY04 was $8,290 per equivalent dwelling unit. The fees for other land use types, as well as detailed FY04 fmancial information, are presented in Attachment A - Schedule I. INTERIM PRE-SRI25 DEVELOPMENT IMPACT FEE This fee was adopted by the City to fmance transportation facilities in the Eastem Territories that would be needed to provide adequate and safe transportation facilities if there are delays in the construction of State Route (SR) 125 by CALTRANS or others. With financing now secured and construction underway, Council approved the tolling of the fee. The fee ordinance was also modified to allow the expenditure of fees collected to date on transportation capacity enhancement programs. Detailed FY04 financial information is presented in Attachment A - Schedule 2. TRAFFIC SIGNAL FEE This fee was adopted to provide for the projected traffic signal needs of the City that result from increases in traffic volume caused by development. As funds are accumulated they are expended 22-2 Item ..::::r:;;... Meeting Date 12/14/2004 on traffic signal projects. This is a citywide fee with a FY04 rate of $24.04 per trip generated. Detailed FY04 financial information is presented in Attachment A - Schedule 3. TELEGRAPH CANYON DRAINAGE DIF This fee is applicable to all new development within the Telegraph Canyon Drainage Basin and has remained unchanged since 1998. Detailed FY04 financial information is presented in Attachment A - Schedule 4. TELEGRAPH CANYON GRAVITY SEWER DIF This fee is for the expansion of the trunk sewer within the basin for tributary properties. The fee has remained unchanged at $216.50 per EDU since 1998. Detailed FY04 financial information is presented in Attachment A - Schedule 5. PUMPED SEWER DIF This fee was adopted by the City to finance the facilities necessary to provide sewer service to developments within the pumped flow basin. The name was changed from Telegraph Canyon Sewer Pumped Flows Development Impact Fee to Pumped Sewer Development Impact Fee due to the addition of Poggi Canyon Basin Sewer Interceptor as one of the facilities financed by this fee. The FY04 fee has remained unchanged at $180 per EDU. Detailed FY04 financial information is presented in Attachment A - Schedule 5. POGGI CANYON SEWER BASIN DEVELOPMENT IMPACT FEE This fee was adopted to provide the necessary financing to construct a trunk sewer in the Poggi Canyon Sewer Basin from a proposed regional trunk sewer west of 1-805 along Olympic Parkway to the boundary of Eastlake. The fee was established at $400 per equivalent dwelling unit and has remained unchanged since 1997. Detailed FY04 financial information is presented in Attachment A- Schedule 5. SALT CREEK SEWER BASIN DEVELOPMENT IMPACT FEE This fee was adopted to provide the necessary financing to construct the Salt Creek Interceptor. This fee is applicable to the Salt Creek Sewer Basin, a portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, and a portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. The fee in FY04 was $284 per EDU, has remained unchanged since 1994. Detailed FY04 fmancial information is presented in Attachment A - Schedule 5. 22-3 Item ~ Meeting Date 12/14/2004 OTAY RANCH VILLAGE 1, 5, & 6 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE This fee was adopted to provide the necessary financing to construct the facilities. The fee remained unchanged in FY04 at $783 per EDU. Detailed FY04 financial information is presented in Attachment A - Schedule 6. OTAY RANCH VILLAGE 11 PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE This fee was adopted to provide the necessary financing to construct four pedestrian bridges in Otay Ranch Village 11. The fee for FY04 was $827 per EDU. Detailed FY04 financial information is presented in Attachment A - Schedule 6. PUBLIC FACILITIES DlF The Public Facilities DIP is a citywide fee with several components levied to fund that portion of public facilities projects attributable to new development. The total fee for all components is $5,048 per EDU in FY04. Detailed FY04 financial information is presented in Attachment A- Schedule 7. The components ofthe Public Facilities DIF with the current fees are as follows: ADMINISTRATION ($139) - Administration of the Public Facilities DIF program, overseeing of expenditures and revenues collected, preparation of updates, calculation of costs, etc. CIVIC CENTER EXPANSION ($1,089) - Expansion of the Civic Center per the Civic Center Master Plan 1989 to provide sufficient building space and parking due to growth and development. The Civic Center Master Plan was updated in July 2001 to include the Otay Ranch impacts. POLICE FACILITY ($804) - Accommodation of the building space needs per the Civic Center Master Plan, which included the newly constructed police facility, upgrading of the communications center and installation of new communication consoles. Also included is the purchase and installation of a new computer aided dispatch system (CAD), a new Police Records Management System, and new Mobile Data Terminals. CORPORATION YARD RELOCATION ($706) - Relocation of the City's Public Works Center from the bay front area to the more centrally located site on Maxwell Road. 22-4 Item ¡;;:::;;... Meeting Date 12!l4/2004 LIBRARIES ($753) - Improvements include construction of the South Chula Vista library and Eastern Territories libraries, and installation of a new automated library system. This component is based on the updated Library Master Plan. FIRE SUPPRESSION SYSTEM ($450) - Projects include the relocation of Fire Stations #3 & #4, construction of a fire training tower and classroom, purchase of a brush rig, installation of a radio communications tower and construction of various fIre stations in the Eastern section of the City. This fee also reflects the updated Fire Station Master Plan, which includes needs associated with the Otay Ranch development. GEOGRAPHIC INFORMATION SYSTEM ($9) - Purchase and installation of a GIS system for mapping of various base maps and creation of geo-data files to aid in plarming and processing of land developments. This is a joint impetus project, with both a City and new development share. COMPUTER ($6) - Purchase and installation of a new mainframe computer and various enhancements to meet existing and future needs, Citywide for additionaJ memory, storage space and enhanced processing speed. TELEPHONE SYSTEM UPGRADE ($5) - Upgrade and expansion of the City's existing telephone system to accommodate growth, including installation of new conduit, wiring additional telephone lines, and a voice processing system. RECORDS MANAGEMENT SYSTEM ($8) - Updating and modernization of the existing Citywide records system to prepare for anticipated increases in transactions and volumes of records. RECREATION ($1,079) - New component adopted in November 2002 to build major recreation facilities created by new development such as community centers, gymnasiums, swimming pools, and senior/teen centers. Although the majority of project costs are to be borne by new development, it is important to note that various components or specific proj ects within a component contain both a City and new development cost share. The City share often reflects "joint impetus" projects, which are necessitated by both growth and non-growth factors and/or the City's obligation to correct pre- existing space/equipment defIciencies. The PFDIF fees only relate to new development's cost share for each component. 22-5 Item ';;::::'.::::.." Meeting Date 12/14/2004 PARKLAND AOUlSITION AND DEVELOPMENT (PAD) FEES This in-lieu fee was adopted by the City to acquire neighborhood and community parkland and to construct parks and recreational facilities. Detailed FY04 financial information is presented on Attachment B. TRUNK SEWER CAPITAL RESERVE FEES This fee was established to pay all or part of the cost and expense to enlarge sewer facilities of the City so as to enhance efficiency of utilization and/or adequacy of sewer capacity. Detailed FY04 financial information is presented on Attachment C. FY04 FINANCIAL INFORMATION Attachment A, Schedules I through 6 reports the required financial information for all DIFs other than public facilities. Attachment A, Schedule 7 reports the required financial information for the Public Facilities DIF and its components. Attachment B reports the required financial information for the PAD fees. Attachment C reports the required information for the Trunk Sewer Capital Reserve fees. The schedules contain the following items: · The beginning balances as of July I, 2003. · The fees received during the fiscal year ended June 30, 2004. · Other miscellaneous revenues received during the fiscal year ended June 30, 2004. · The interest eamed from investing the cash balances available in each fund during the fiscal year ended June 30, 2004. · The expenditures from each of the funds during the fiscal year ended June 30, 2004. · A description of each capital project with expenditures funded entirely or in part by DIF/P AD/Trunk Sewer in FY04 and the percentage of the project funded by this fee through FY04. More detailed information on any project is available in the armual Capital Improvement Project (CIP) Budget. · Information on any loans from DIF/PAD/Trunk Sewer Capital Reserve funds during FY04. · The ending balances as of June 30, 2004 for each of the DIF/P AD/Trunk Sewer Capital Reserve Funds. · The amount, description and purpose of the fee. · An identification of an approximate date by which the construction of the public improvement will commence. The ending balances as of June 30, 2004 are in the process of being audited as part of the audit of 22-6 . Item ~ Meeting Date 12/14/2004 citywide financial statements, and are therefore subject to adjustment. FINDINGS REQUIRED FOR FUNDS IN POSSESSION OVER 5 YEARS Government Code Section 66001(d) requires the local agency to make findings every five years with respect to any portion of the DIP fees remaining unexpended to identify the purpose for which it was charged. This year the City has elected to make such findings for any funds remaining unexpended for five or more years. The following project has fees, which were collected five or more years ago, which remain unexpended and is listed to satisfy Section 66001(d) of the Government Code. a. Eastlake Park Development Impact Fee The Eastlake Development Impact Fee was approved by Council Resolution No. 12409 on March 18, 1986. The development impact fee was adopted to insure that adequate funds are available for the construction of the necessary improvements due to the construction of the Eastlake Development. The fees collected prior to FY99 plus the interest earned ($819,942) is still needed for park and recreation facilities. Per Council approval and a request from the Eastlake Development Co. for their cash flow needs, the funds were on loan to Eastlake Development Company and repaid in November 2002. The loan repayment was deposited into the Recreation DIF component to be used for the construction of the Eastlakegymnasium proj ect. No other DIF or PAD funds contain monies that have been on deposit for five or more years. Copies of this report were sent to the Ayres Land Company, the Building Industry Association of San Diego, the Eastlake Development Company, the McMillin Companies, the Otay Ranch Company, Trimark Pacific Homes and Brookfield Homes·. FISCAL IMPACT: With findings that identify the continued need for the unexpended and/or committed or uncommitted fees, the City retains the fees for future projects. Without findings that the unexpended funds are still needed for the projects, the City would be obligated to refund the $819,942 in park funds plus interest accrued that have been held for five or more years pursuant to State Government Code Section 66000. The loss of the funds would jeopardize the Eastlake Park Agreement and the future EastLake gymnasium. 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OJ '" o ri ~ ... ..,. o o N ,..: ro Õ >- RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FINDING THAT THE UNEXPENDED FUNDS IN THE PAD FEE FUND ARE STILL NEEDED TO PROVIDE FOR CONSTRUCTION OF FACILITIES FOR WHICH THE FEES WERE COLLECTED WHEREAS, state law requires local agencies assessing Development Impact Fees CDIF") and sewer capacity charges to make available specified financial data to the public each fiscal year; and WHEREAS the report on file with the City Clerk satisfies that requirement and provides the public with information on Parkland Acquisition and Development (PAD) fees, Development Impact Fees (DIF), and Trunk Sewer Capital Reserve Funds; and WHEREAS, State Law requires that the local agency review this information at a public meeting; and WHEREAS, local agencies are also required to make available to the public, within 180 days after the last day of each fiscal year, information about capacity charges; and WHEREAS, this report has been available in the City Clerk's Office for public review since November 30,2004; and WHEREAS, Government Code Section 66001(d) requires the local agency to make findings every five years with respect to any portion of the DIF fees remaining unexpended to identify the purpose for which it was charged. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Chula Vista does hereby make fmdings that the unexpended funds in the Parkland Acquisition and Development (PAD) fee fund are still needed to provide construction of facilities for which the fees were collected for the following projects: Eastlake Park Development Impact Fee The Eastlake Development Impact Fee was approved by Council Resolution No. 12409 on March 18, 1986. The development impact fee was adopted to insure that adequate funds are available for the construction of the necessary improvements due to the construction of the Eastlake Development. The fees collected prior to FY99 plus the interest earned ($819,942) is still needed for park and recreation facilities. Per Council approval and a request from the Eastlake Development Co. for their cash flow needs, the funds were on loan to Eastlake Development Company and repaid in November 2002. The loan repayment was deposited into the Recreation DIF component to be used for the construction of the Eastlake gynmasiumproject. 22-28 No other DIF or PAD funds contain monies that have been on deposit for five or more years. BE IT FURTHER RESOLVED that the staff report and all exhibits are hereby incorporated into the record of these proceedings. Presented by Approved as to form by ~ hn f Maria Kachadoorian Director of Finance Jack Griffin Director of General Services J:Attorney/ResolFinance/DIF PAD 6-30-04 22-29 COUNCIL AGENDA STATEMENT Item No.: ,:)~ Meeting Date: 11/14104 ITEM TITLE: Resolution of the City Council of the City of Chula Vista, waiving the Consultant Selection process and approving a three-party agreement between the City of Chula Vista; Burkett & Wong Engineers, Consultant; and Sudberry Properties, Inc., for the preparation of an amendment to the EastLake Village Center North Supplemental Public Facilities Financing Plan, and authoriiing the Mayor to execute said agreement. SUBMITTED BY: Director OfPl~g and Building~ REVIEWED BY: CityManager~o¡v' (4/5ths Vote: Yes~o-L) The item before the City Council is a request to waive the Consultant Selection process and approve a three-party agreement between the City of Chula Vista, Burkett & Wong Engineers and Sudberry Properties, Inc. for professional consulting services related to the preparation of an amendment to the EastLake Village Center North Supplemental Public facilities Financing Plan (SPFFÞ). The SPFFP is being prepared to address the changes in infrastructure requirements and fiscal impact as a result of a request to change the land use designation of a 13-acre parcel at the southeast comer of EastLake Parkway and the future alignment of the SR-125 toll-road (see Locator). The maximum compensation under the agreement is $20,000.00. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of that State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is necessary. RECOMMENDATION: That the City Council adopt a Resolution waiving the Consultant Selection process and approving the three-party agreement for consulting services related to the preparation of an amendment to the previously adopted EastLake Village Center North Supplemental Public Facilities Financing Plãh, and authorizing the Mayor to execute said amendment. BOARDS/COMMISSIONS RECOMMENDATION: N/A 23-1 Page 2, Item No.: ;;)~ Meeting Date: 12/14104 DISCUSSION: H""k¡;rollnel Sudberry Properties, Inc. submitted an application (PCM 04-14) in March of 2004 to amend the General Plan, the EastLake II General Development Plan and the EastLake Village Center North Supplemental Sectional Plarming Area (SPA) Plan. The proposed amendment consists of changing the land use designation of a 13-acre parcel at the southeast corner of EastLake Parkway and the future aligrunent of the SR-125 toll road from a Research and Limited Industrial designation to Retail Commercial. The proposed land use change also requires an amendment to the adopted EastLake Village Center North Supplemental Public Facilities Financing Plan to address the changes in infrastructure requirements and fiscal impact associated with the development ofthe 13-acre site. The Supplemental PFFP amendment is also required to evaluate the proposed project compliance with the City's Growth Management Threshold Standards, and to ensure that the threshold standards are met before or concurrent with the development. ron<mltilnt ~p.rv;(,;p.~ Self':r.tion Pr()(';f':~~ Although the amount of the contract is less than $50,000.00, and can be approved by the purchasing agent, the Consultant has other active contracts with the City that combined exceed $50,000.00. For this reason, this three-party agreement is subject to the formal consultant selection process as outlined in Section 2.56.110 of the City's Municipal Code. Based on the Consultant's prior experience preparing PFFP's, their knowledge of the EastLake. Village Center North SPA plan regulations, and the fact that this firm prepared the Supplemental PFFP for this SPA, staff is requesting that the City Council consider waiving the formal consultant selection process and authorize the Mayor to execute the agreement. Waving the formal consultant selection process is in the best interest of the City because the consultant has prior experience working with city staff, knowledge of the city's regulations to prepare the PFFP's and is familiar with the overall planning process. The Consultant's knowledge and professional experience would also result in a lower cost for the applicant. ~"OP" of Work Under the agreement, which is based on the City's standard three-party agreement, Burkett & Wong Engineers will perform tasks associated with the scope of work which includes, but is not limited to the following tasks, which are described in more detail on pages 14-16 within the three party agreement: . R".""r"ñ "nel An"ly.i.: The consultant will gather and review all pertinent data and available documents. The consultant will meet with City staff to discuss the project, issues, project schedule, etc.. Confirmation of the project's statistics and criteria will be confirmed 23-2 Page 3, Item No.: Q. ~ Meeting Date: 12/14104 at this stage as well. . F"~iliti,,< An"l}"'i<: The consultant will initiate and prepare an independent analysis of short-term and long-term impact of the project on public facilities. In addition, the consultant will evaluate the project's compliance with the City's adopted Growth Management threshold Standards. . Fi<~"l Tmp"d Aml}"'i<: The consultant will conduct a fiscal impact analysis that will address the costs and revenues associated with the development of the project and its relationship with the City of Chula Vista General Fund. The fiscal analysis will utilize a fmancial "model" that will utilize the City's most current budget and fiscal costs and revenues on an armual basis. A copy of the proposed agreement with signatures of the applicant and consultant is attached hereto. FISCAL IMPACT: The preparation of this Supplemental PFFP will not result in an impact to the City's General Fund. Sudberry Properties, Inc., will pay for consulting services in the amount of the contract and staff time associated with this project. The total amount for the contract is $20,000.00 for Burkett & Wong Engineers consultant services. A tt:u~ hmP.nt'õ:: 1. Locator Map 2. Agreement J:\P1anning\StanD\EastlakcWiUage Walk\PFFP\CC Agenda Statcment1.doc 23-3 CfJ :N I ~ J\.) (J1 J ) t CHULA VISTA PLANNING AND BUILDING DE PARTM E NT LOCATOR PROJECT PROJECT DESCRIPTION: C) APPLICANT: Sudberry Properties Inc. MISCELLANEOUS PERMIT PROJECT Eastlake Pkwy @ SR-125 ADDRESS: Request: Proposal a GDP & GPA amendment & Environmental Review to change 13 acres of Eastlaka Village Walk at Eastlake from Research & Umited SCALE: FILE NUMBER: Manufacturing to Retail Commercial. NORTH No Scale PCM-04-14 Related cases: GPA-Q4-04, 15-Q4-027 J:\planning\carlos\locators\pcm0414.cdr 04.01.04 23 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 {}kt:~ City Attorney Dated: I b-/7/ D~ . AGREEMENT BETWEEN THE CITY AND BURRKETT & WONG ENGINEERS AND SUDBERRY PROPERTIES, INC. ~.-- 23-5 Attachment #2 Three-Party Agreement Between City of Chula Vista, Burkett & Wong Engineers, (Consultant), and Sudberry Properties, (Applicant) For Consulting Work to be Rendered in Preparation of a Supplemental Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis for the Applicant's 13-acre EastLake Village Walk portion of the EastLake Village Center North EastLake I Sectional Plarming Area (SPA) Plan Project 1. Parties. This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between the City of Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated on the attached Exhibit A as "Consultant", Burkett & Wong, Engineers, whose business form and address are indicated on the attached Exhibit A, and the person designated on the attached Exhibit A as "Applicant", Sudberry Properties, Inc. , whose business form and address are indicated on the attached Exhibit A, and is made with reference to the following facts: 2. Recitals. Warranties and Representations. 2.1. Warrantv of Ownership. Applicant warrants that Applicant is the owner ofland ("Property") corrnnonly known as, or generally located as, described on Exhibit A, Paragraph 1, or has an option or other entitlement to develop said Property. 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that regard, has made application ("Application") with the City for approval of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3. 2.3. In order for the City to process the Application of Applicant, Work of the general nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed. 2.4. City does not presently have the "in-house" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This Agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. EastLake Village Walk PFFP (3) 12/07/2004 23-6 Thee Party Agreement Page 1 2.6. Additional facts and circumstances regarding the background for this Agreement are set forth on Exhibit B. 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Employment of Consultant by Applicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all ofthe services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonably necessary to accomplish said General Services and Detailed Scope-of- Work, and shall deliver such documents required ("Deliverables") herein, all within the time frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of this covenant. The Consultant does hereby agree to perform said General and Detailed Services to and for the primary benefit of the City for the compensation herein fixed to be paid by Applicant. In delivering the General and Detailed Services hereunder, the Consultant shall do so in a good, professional marmer consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations, at its own cost and expense except for the compensation and/or reimbursement, if any, herein promised, and shall furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and facilities, calculations, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. Compensation of Consultant. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit B adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit B, if checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for EastLake Village Walk PFFP (3) 12/07/2004 23-7 Three Party Agreement Page 2 the compensàtion unless it receives same from Applicant. Applicant shall not make any payments of compensation or otherwise directly to the Consultant. 3.2.1. Additional Work. If the Applicant, with the concurrence of City, determines that additional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.2. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange ànd pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs ofthe additional work which. the City determines is or may be required. Applicant shall pay any and all additional costs for the additional work. 3.2.3. Reductions in Scope ofW ork. City may independently, or upon request from Consultant, from time to time reduce the 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. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount oftime and materials budgeted by Consultant for the Services deleted. 3.3. Security for Payment of Compensation by Applicant. 3.3 .1. Deposit. As security for the payment of Consultant by Applicant, Applicant . shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as herein below set forth: 3.3.1.1 Other Terms of Deposit Trust. 3.3 .1.1.1. City shall also be entitled to retain from said Deposit all costs incurred by City for which it is entitled to compensation by law or under the terms of this Agreement. 3.3 .1.1.2. All interest eamed on the Deposit Amount, if any, shall accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate bank account, separately account for said deposit in one or more of its various bank accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average interest eamed during the period on its general fund. EastLake Village Walk PFFP (3) 12/07/2004 23-8 Tbree Party Agreement Page 3 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earned, shall be returned to Applicant not later than 30 days after the termination of this Agreement and any claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any marmer. Nothing herein shall invalidate use of the Deposit in the marmer herein authorized. 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this Agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Cönsultant represents that it and its agents, staff and sub consultants 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: 4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10. 4.1.2. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same marmer as members of the. general public ("Cross-liability Coverage"). 4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy. EastLake Village Walle PFFP (3) 12/07/2004 23-9 Tbree Party Agreement Page 4 4.2. Proof of Insurance Coverage. 4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least 30 days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to Applicant. Consultant shall not communicate directly to the Applicant except in the presence ofthe City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request such meetings with the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the Applicant. 5.1. Documents Access. The Applicant shall provide to the Consultant, through the City, for the use by the Consultant and City, such documents, or copies of such documents requested by Consultant, within the possession of Applicant reasonably useful to the Consultant in performing the services herein required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7. 5.2. PropertY Access. The Applicant hereby grants permission to the City and Consultant to enter and access the Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall promptly repair any damage to the subject property occasioned by such entry and shall indenrnify, defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in connection with or arising from any such entry and access. EastLake Village Walk PFFP (3) 12/07/2004 23-10 Three Party Agreement Page 5 5.3. Communication to Consultant. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to ensure the adequacy of services performed by Consultant. 6. Administrative Representatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this Agreement. 7. Conflicts of Interest. 7.1. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as determined by the City Attorney. 7.2. 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. 7.3. 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 7.4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. EastLake Village Wa1k PFFP (3) 12/07/2004 23-11 wee Party Agreement Page 6 7.5. 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 hereunder. 7.6. 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 the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). 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 by Applicant or by any other party as a result of 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. Consultant may not conduct or solièit 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. 8. Default of the Consultant for Breach. This Agreement may be terminated by the City for default if the Consultant breaches this agreement or if the Consultant refuses or fails to pursue the work under this Agreement or any phase of the work with such diligence which would assure its completion within a reasonable period of time. Termination of this Agreement because of a default of the Consultant shall not relieve the Consultant from liability of such default. 9. City's Right to Terminate Payment for Convenience. Documents. 9.1. Notwithstanding any other section or provision of this Agreement, the City shall have the absolute right at any time to terminate this Agreement or any work to be performed pursuant to this Agreement. 9.2. In the event of termination of this Agreement by the City in the absence of default of the Consultant, the City shall pay the Consultant for the reasonable value of the· services actually performed by the Consultant up to the date of such termination, less the aggregate of all sums EastLake Village Walk PFFP (3) 12/07/2004 23-12 Three Party Agreement Page 7 previously paid to the Consultant for services performed after execution of this Agreement and prior to its termination. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this Agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this Agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this Agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost, of all such documents to the Applicant. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures. No suit 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 of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, the provisions of which are incorporated by this reference as if set fully set forth herein. 11. Hold Harmless and IndemnifIcation. 11.1. Consultant to Indemnify City and Applicant re Iniuries. Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed offIcers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for (i) those claims, damages, liability, costs and expenses (including without limitation, attorney fees) arising from the sole negligence or sole willful misconduct of the City its offIcers, employees, or (ii) with respect to losses arising from Consultant's professional errors or omissions, those claims arising from the negligence or willful misconduct of City its offIcers, employees. Consultant's indemnifIcation shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its offIcers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Consultant's obligations under this section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this section shall survive the termination of this Agreement. EastLake Village Walk PFFP (3) 12/07/2004 23-13 Three Party Agreement Page 8 12. Business Licenses. Applicant agrees to obtain a business license from the City and to otherwise comply with Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13. Miscellaneous. 13.1. Consultant not authorized to Represent City. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified for the parties in paragraph 8 of Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not herein legally required to be given shall in itself create the right in the parties to any other or further notice or demand in the same, similar or other circumstances. 13.4. Entire Agreement. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subj ect matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 13.5. 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; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.6. Governing LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the EastLake Village Walk PFFP (3) 12/07/2004 23-14 Three Party Agreement Page 9 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. 13.7. Modification. No modification or waiver of any provision of this Agreement shall be effective unless the same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific instance and for the purpose for which given. 13.8. Counternarts. This Agreement may be executed in more than one counterpart, each of which shall be deemed to bean original but all of which, when taken together shall constitute but one instrument. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effeGt to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are for convenience only and shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or privilege, 011 the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13.12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies, which the parties might otherwise have unless, this Agreement provides to the contrary. 13.13. No Additional Beneficiaries. Despite the fact that the required performance under this Agreement may have an affect upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no performance hereunder may be enforced by any person not a party to this Agreement. EastLake Village WalkPFFP (3) 12/07/2004 23-15 Three Party Agreement Page 10 Notwithstanding the foregoing, this is a Three Party Agreement and the City is an express third party beneficiary of the promises of Consultant to provide services paid for by Applicant. 14. Ownership. Publication. Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. (End of Page. Next Page is Signature Page.) EastLake Village WaIk PFFP (3) 12/07/2004 23-16 Three Party Agreement Page 11 Signature Page NOW THEREFORE, the parties hereto, having read and understood the terms and conditions of this Agreement, do hereby express their consent to the terms hereofby setting their hand hereto on the date set forth adjacent thereto. Dated: City of Chula Vista Attest: by: Stephen C. Padilla, Mayor Susan Bigelow, City Clerk Approved as to Form: Ann Moore, City Attorney Dated: 12/8/04 Consultant: Burkett & Wong, Engineers BY.~ ~ te 0, Principal By: Dated: 12/8/04 EastLake Village Walk PFFP (3) 12/09/2004 23-17 Three Party Agreement Page 12 Exhibit A Reference Date of Agreement: Date signed by City's Purchasing Agent Effective Date of Agreement: The date City's Purchasing Agent executes this Agreement City: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Burkett & Wong, Engineers Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 3434 Fourth Avenue, San Diego, CA 92103 Applicant: Sudberry Properties, Inc. Business Form of Applicant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation Address: 5465 Morehouse Drive, Suite 260, San Diego, CA 92121 I. Property (Commonly known address or General Description): Portion of Parcel E-10 of adopted Eastlake II Village Center north SPA Plan, east of future SR-125, north of East lake Village Center Market Place, and west of Eastlake Parkway. 2. Project Description ("Project"): Preparation of a Supplemental Public Facilities Financing Plan (pFFP) including a Fiscal Impact Analysis (FIA) for the 13-acre property as required by the City's Growth Management Ordinance in conjunction with the concurrent processing of the requested amendments to the City's General Plan and the EastLake II General Development Plan, and the EastLake Village Center North EastLake I Sectional Planning Area (SPA) Plan. 3. Entitlements applied for: GDP and SPA Plan Amendments: . Amendment to the EastLake II General Development Plan to change the land use designation of the site from Research and Limited Manufacturing to Commercial-Retail. EastLake Village Walk PFFP (3) 12/07/2004 23-18 Three Party Agreement Page 13 · Amendment to the EastLake Village Center North Supplemental Sectional Planning Area Plan (EastLake I SPA Plan) comprising of minor changes to tables and exhibits within the document. No changes to the Development Phasing are proposed but the proj ect will require minor changes to Design Guidelines. . Amendment to the EastLake II PI armed Community District Regulations to expand the VC-1 Land Use District to include the 13-acre Village Walk at Eastlake development area. 4. General Nature of Consulting Services ("Services--General"): Prepare the Supplemental Public Facilities Financing Plan (PFFP) and Fiscal Impact Analysis (FIA) for the 13-acre portion of the EastLake Village Center North EastLake I SPA Plan to identify the amount, location, timing and financing mechanisms necessary to build and deliver required public facilities and services to the project, and to identify the overall, net fiscal impact that the project will have on the City in terms of revenues and expenditures and to meet the City ofChula Vista Municipal Code Requirements. 5. Detailed Scope of Work ("Detailed Services"): The following tasks shall be performed by the consultant to the satisfaction of the Director of Planning and Building: Public Facilities Financine: Plan (PFFP) Task A: Preliminary ResearchIData Gathering Gather and review all available data regarding the EastLake Village Center North EastLake I and Village Walk proj ect, including the existing EastLake II General Development Plan, and related documents, and any conditions of approval; the technical studies prepared for the project; PFFP' s for other eastern Chula Vista projects; Master Facilities plans; related tentative maps and associated conditions of approval; related City Resolutions; current environmental impact reports with all retated back-up technical reports; and any other environmental documentation including prior EIR's. Hold meetings with City staff, the applicant or their consultants, and affected agencies as necessary to gather and review data. Task B: Identify and Describe Facilities and Services Impact. Following the review of the available data, identify in writing, (at first draft of the Supplemental PFFP) facilities and services that may be impacted by the SPA pursuant to the adopted City Growth Management Threshold Standards; provide in writing, (at first draft of the Supplemental PFFP) a preliminary cost estimate for the new and/or upgraded infrastructure and services required both on-site and off-site to support the 13-acre EastLake Village portion of the EatLake Village Center North EastLake I SPA; and identify costs, (at first draft of the Supplemental PFFP) and financing methods for that infrastructure and services. The cost estimate for the new and/or upgraded infrastructure and services analysis shall summarize the impact fees and any fee credits as EastLake Village Walk PFFP (3) 12/0712004 23-19 Three Party Agreement Page 14 applicable, and shall coordinate with and incorporate any other relevant fiscal impact data, evaluations or recommendations arising from the Fiscal Impact Analysis (FIA). Task C: Independent Evaluation and Recommendations to Mitigate Impacts. Conduct an independent evaluation of the project's compliance with the adopted City Threshold Standards and provide in writing, (at first draft of the Supplemental PFFP) an assessment of the probable short- and long-term impacts as well as recommendations to mitigate impacts and maintain compliance with the City's Growth Management Threshold Standards. Task D: Attendance at meetings and other coordination The Consultant (and any of their subcontractors) shall attend one public forum, and up to two Planning Commission hearings and two City Council hearings. These are in addition to meetings with City staff, coordination with EIR consultant, or others as the Planning Department deems necessary to complete the work. Attendance at said meetings or other methods of coordination is required of the Consultant on an as needed basis as determined by the City, given sufficient lead-time (minimum five days) for the Consultant to schedule such coordination. It is further anticipated that informal coordination will take place between the Consultant and the EIR consultant at various times throughout the process. Task E: Preparation of Draft and Final PFFP Documents Prepare a Preliminary Draft, Draft and Final Supplemental Public Facilities Financing Plan (pFFP) for the EastLake Village Walk project, including but not limited to the statistical tables, exhibits, text, public facilities and services phasing, methods of financing public facilities and services, and other pertinent items to ensure that the proj ect would have the necessary infrastructure and services prior to or concurrent with need. The Consultant shall deliver the requisite number of copies, which will include incorporation of staff comments, of the Preliminary Draft, Draft and Final Supplemental PFFP documents as set forth in Paragraph 6. Fiscal Impact Analvsis (FIA) Task F: Preliminary Research Gather and review all available and relevant data regarding the EastLake Village Walk portion of the EastLake Village Center North EastLake I SPA's impact upon the operation and maintenance budgets of the City and its General Fund, and considering the current information associated with the City's Fiscal Year 2003-2004 budget. Gather and review information from the Applicant regarding the land uses, residential product types, and phasing and build-out schedules for the SPA. This shall include as many meetings with City staff and administrators, and the applicant or their consultants as are necessary to gather and review the data. EastLake Village Walle PFFP (3) 12/07/2004 23-20 Three Party Agreement Page 15 Task G: Identify and Describe Fiscal Impacts Conduct an analysis utilizing City of Chula Vista's current fiscal model. Update the model with Fiscal-Year 2004/2005 data and customize it as necessary to fit the characteristics of the 13-acre Village Walk. Analyze and address the fiscal impacts that the Village Walk portion of the EastLake Village Center North EastLake I SPA will have upon the City's operation and maintenancè budgets considering the costs and revenues to the City in providing infrastructure and services to, and as a result of, the proj ect. Contact City Department heads and staff as necessary to help identify any unique conditions or problems with providing infrastructure and services to the project, including those that may be associated with armexation. The analyses shall be presented (at first draft of the Supplemental PFFP) in both written and tabular format, and shall present City revenues and expenditures armually based upon the project's development absorption schedule, and the according fiscal surpluses and deficits. Task H: Incorporation of FIA into Draft PFFP document Prepare a Draft Fiscal Impact Analysis Report for incorporation into the Supplemental PFFP document for review by City staff and any affected agency in the requisite number of copies and per the schedule presented in Paragraph 6. Prepare a Final Fiscal Impact Analysis to be incorporated into the Supplemental PFFP document. Task I: Revise Drafts as City Determines Necessary The consultant shall prepare revisions to the satisfaction of City staffto Supplemental PFFP document based upon comments received from City staff, Planning Commission and City Council and any other comments from outside agencies or individuals. Said revisions shall be incorporated into the appropriate draft or fmal document as outlined in paragraph 6 below under "Dates or Time Limits for Delivery of Deliverables". TaskJ: Draft Tentative Map Conditions of Approval The Consultant shall prepare draft conditions of approval for the parcel map for the EastLake Villa!!e Walk based on the threshold analvsis of the PFFP. 6. Schedule, Milestone, Time-Limitations within which to Perform Services: Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement Dates or Time Limits for Delivery of Deliver abIes: EastLake Village Walk PFFP (3) 12107/2004 23-21 Three Party Agreement Page 16 Deliverable No.1: Delivery of the First Draft Supplemental PFFP (including the Fiscal Impact Analysis Report) for staff review and distribution in the form 000 copies. Due date: February 4, 2005 or a minimum of eight weeks after City's notice to proceed, whichever is later. Deliverable No.2 Delivery of the revised Second Draft Supplemental PFFP (including the Fiscal Impact Analysis Report) containing all staff comments on the First Draft PFFP in the form of 10 copies. Due date: March 15, 2005 or three weeks after the consultant receives comments back from the City's review of first draft, whichever is later. Deliverable No.3 Delivery of the revised Third Draft PFFP (including the Fiscal Impact Analysis Report) containing all staff comments in the form of 10 copIes. Due date: April 13, 2005 or two week after the consultant receives comments back fÌ'om City's review of second draft, whichever is later. Deliverable No.4: Delivery of pre-press (screencheck) copy of PFFP (including the Fiscal Impact Analysis Report) incorporating all of staffs comments in the form of three copies. Due date: May 4, 2005 or one week after staffi'consultant discuss staff comments on the third draft, whichever is later. Deliverable No.5: Delivery of the Final PFFP (including the Fiscal Impact Analysis Report) for public hearings in the form of20 copies and a computer diskette file formatted for Microsoft Word. Due date: May 18, 2005 or one week after City delivers pre-press (screencheck) comments to the Con$ultant. Deliverable No.6: Delivery of City Council approved PFFP (including the Fiscal Impact Analysis Report) to City Staff in the form of 30 copies plus one master copy set up to print additional copies to be incorporated into binders, plus draft conditions of approval for the tentative map. Due date: July 15, 2005 or within two week following City Council hearing. EastLake Village WalkPFFP (3) 12/07/2004 23-22 Three Party Agreement Page 17 ----,..~."-_.._-~.~------"_.. ...._,_._-~..+~-----"'.__.~ Deliverable No.7: Delivery of draft conditions of approval for the parcel map. Due date: May 18, 2005 or two weeks after the consultant delivers pre-press (screencheck) copy ofPFFP (including the Fiscal Impact Analysis Report), whichever is later. Dates for completion of all Consultant services: Fourteen months from the effective date of Agreement or as extended by the Director of Planning and Building in the Director's sole discretion. 7. Documents to be provided by Applicant to Consultant: (1) project description; (1) technical studies including water, wastewater, drainage, traffic; (1) site plans/draft SPA document; (1) phasing plan; (1) grading plans; (1) architectural elevations, design plan, etc. 8. Contract Administrators: City: Stan DODD, AICP Associate Plarmer City of Chula Vista Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 Applicant: Colton Sudberry, Vice President Sudberry Properties, Inc. 5465 Morehouse Drive, Suite 260 San Diego, CA 92121 Consultant: Anthony G. Ambrose, AICP Burkett & Wong Engineers 3434 Fourth Avenue San Diego, CA 92103 9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. ( ) Category No. 1. ( ) Category No.2. ( ) Category No. 3. Not an FPPC Filer. Investments and sources of income. Interests in real property. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. EastLalœ Village Walk PFFP (3) 12/07/2004 23-23 Three Party Agreement Page 18 () Category No.4. () Category No.5. () Category No.6. () Category No. 7. 10. Insurance Requirements: Investments in business entities and sources of income, which engage in land development, construction or the acquisition or sale of real property. 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. 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. Business positions. (X) Statutory Worker's Compensation Insurance () Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions insurance: $250,000 (not included in Commercial General Liability coverage). EastLake Village Walk PFFP (3) 12/07/2004 23-24 Three Party Agreement Page 19 Exhibit B Compensation Schedule and Deposit: Terms and Conditions (X) Single Fixed Fee Arrangement For performance of all general and detailed services of Consultant prescribed in Exhibit A, paragraphs 4 and 5, Applicant shall pay a single fixed fee, all of which is to be deposited upon execution of this Agreement. The City shall pay Consultant in increments and at the times or milestones set forth below: (X) Single Fixed Fee Amount: $20,000.00 Milestone Amount/Percentage of Fixed Fee to be Paid 1. Signing of this Agreement by all parties and upon request by the Consultant 25% 2. Deliverable #1 First Draft PFFP (including the Fiscal Impact Analysis Report) 35% 3. Deliverable #4 Pre-press (Screencheck) Draft PFFP (including the Fiscal Impact Analysis Report) 15% 4. Deliverable #5 Final PFFP (including the Fiscal Impact Analysis Report) 15% 5. 10% retention amount 10% Security for Performance () Performance Bond, $ () Letter of Credit, $ () Other Security: () Type: () Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% () Retention Amount EastLake Village Walk PFFP (3) 12/07/2004 23-25 Three Party Agreement P¡¡ge 20 Retention Release Event: (X) Completion of All Consultant Services to the satisfaction of the Director of Planning and Building. ( ) . Other: () 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 General and Detailed Services herein required of Consultant for $20,000.00 including all Materials, and other "re-irnburseables" ("Maximum Compensation"). Rate Schedule Category of Employee Hourly Rate of Consultant Burkett and Wong Engineers: Principal Principal Associate Engineer Assistant Planner Teclrnician Clerical $125 $ 95 $ 95 $ 65 $ 60 $ 45 (X) Permitted Subconsultants: CIC Research, Inc. 8361 Vickers Street San Diego, CA 92111 (858) 637-4000 Linscott, Law and Greenspan 1565 Hotel Circle South, Suite 310 San Diego CA92108 (619) 299~3090 EastLake Village Walk PFFP (3) 12/07/2004 23-26 Three Party Agreement Page 21 ************** Deposit (X) Deposit Amount: At execution of Agreement - $20,000.00 (X) Use of Deposit to Pay Consultant. Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City in good faith that Consultant's billing is proper, ajudgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time : ( ) Monthly ( ) Quarterly (X) Other: Upon completion of each milestone B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: On the 10th day of each month following completion of each milestone C. City's Account Number: EastLake Village Wall< PFFP (3) 12/07/2004 23-27 Tbree Party Agreement Page 22 Materials Separately Paid For by Applicant ( ) Materials Reports Copies ( ) Travel ( ) Printing ( ) Postage ( ) Delivery ( ) Long Distance Telephone Charges ( ) Other Actual Identifiable Direct Costs EastLake Village Walk PFFP (3) 12107/2004 23-28 Cost or Rate None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. None. Included in Cost. Tbree Party Agreement Page 23 ----------------------------------- Deposit (X) Deposit Amount: $20,000.00 (X) Use of Deposit to Pay Consultant Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is "checked", upon City's receipt of billing by Consultant, and dete=ination by City in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit If Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by Applicant in making its good faith dete=ination of propriety. Applicant agrees to maintain a minimum balance of$5,000 in subject account that shall be immediately replenished upon the request of the City. () Use of Deposit as Security Only; Applicant to Make Billing Payments. Upon determination by City made in good faith that Consultant is entitled to compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit to pay said billing. ---------------------------------- (X) Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly (X) Other: In accordance with milestones identified herein. B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month (X) Other: Upon completion of the milestones identified herein. C. City's Account Number: To be assigned after Agreement is processed. EastLake Village Walk PFFP (3) 12/07/2004 23-29 'Three Party Agreement Page 24 D. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment 0 f compensation to the Consultant sooner, the City shall be entitled to retain, at their option, the following Retention Percentage until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $_2,000.00_ Retention Release Event: N/A EastLake Village Walk PFFP (3) 12/07/2004 23-30 Three Party Agreement Page 25 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT BID PROCEDURE AND APPROVING A THREE PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA; BURKETT & WONG ENGINEERS, CONSULTANT; AND SUDBERRY PROPERTIES, INC., APPLICANT; FOR THE PREPARATION OF AN AMENDMENT TO THE EASTLAKE VILLAGE CENTER NORTH SUPPLEMENTAL PUBLIC FACILITIES FINANCING PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. WHEREAS, the Applicant submitted an application on March 17, 2004 to change the land use designation of 13 acres at the southeast corner of EastLake Parkway and the future alignment of the SR-125 toll road ("Propert y") from Industrial Research & Limited Manufacturing (IR) to Retail Commercial (CR); and, WHERAS, the proposed land use change also requires an amendment to the adopted EastLake Village Center North Supplemental Public Facilities Financing Plan (SPFFP) to address the changes in infrastructure requirements and associated fiscal impact; and, WHEREAS, the City Council approved the above mentioned SPFFP on July 23, 2002 ("Orig inal SPFFP") as a component of the EastLake Village Center North Supplemental Sectional Planning Area Plan; and, WHEREAS, the amendment to the previously adopted SPFFP is required to evaluate the supply and demand of public infrastructure and services for the property; and, WHEREAS, the amount of the contract is less than $50,000.00, and could be approved by the purchasing agent, the Consultant has other active contracts with the City that combined exceed $50,000.00. For this reason, this three-party agreement is subject to the formal competitive bid procedure outlined in Section 2.56.110 D of the Chula Vista Municipal Code; and WHEREAS, the Consultant's prior experience preparing PFFP's, their knowledge of the EastLake Village Center North SPA plan regulations, and the fact that this firm prepared the Supplemental PFFP for this SPA, staff is requesting that the City Council consider waiving the bidding procedure and authorize the Mayor to execute the agreement; and 23-31 WHEREAS, waving the competitive bid procedure is in the best interest of the City because the consultant has prior experience working with city staff, knowledge of the city' s regulations to prepare the PFFP' s and is familiar with the overall planning process. The Consultant's knowledge and professional experience would also result in a lower cost for the applicant; and, WHERAS, the cost for the preparation of the Supplemental PFFP is a fIxed amount of $20,000.00; NOW, THERFORE, BE IT RESOVLED the City Council waives the formal consultant bid procedure and approves the agreement between the City of Chula Vista; Burkett & Wong Engineers, consultant; and Sudberry Properties, Inc., applicant; for the preparation of an amendment to the EastLake Village Center North Supplemental Public Facilities Financing Plan, and authorizing the mayor to execute said agreement as follows in Exhibit" A": Presented by 7r~f¡~ Moore Cl y Attorney James D. Sandoval Director of Planning and Building J :\attomeylj ohnmlBurkettW ong.Eastlake VillageN orth 23-32 COUNCIL AGENDA STATEMENT Item: .,::)+ Meeting Date: 12/14/04 ITEM TITLE: Resolution No. ; Resolution of the City Council of the City of Chula Vista approving a restrictive covenant agreement between the Borst Family Trust, Fask Land Inc. and the City of Chula Vista and Authorizing the Mayor to Execute said agreement. Resolution No. ; Resolution of the City Council of the City of Chula Vista accepting a donation of $188,000 from the Borst Family Trust and Fask Land Inc., to be used in furtherance of the Otay Valley Regional Park. SUBMl'ITED BY' I>re_ ofP<mmng "'" BillJdiog t REVIEWED BY: CityManager(P)~ í?~ (4/Sths Vote: Yes No X) The Borst Family Trust and Fask Inc., have committed to setting aside approximately 70- acres of open space they own within the Otay River Valley south and east of the plarmed Auto Park East project for purposes of the Otay Valley Regional Park. Pursuant to prior discussions with the City, the owners are asking the City of Chula to enter into a restrictive covenant agreement to ensure the property's perpetual use as open space and natural habitat consistent with the Otay Valley Regional Park Concept Plan. They are also asking that the City accept a donation of$188,000 for Otay Valley Regional Park activities. RECOMMENDATION: That the City Council approve both Resolutions. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Backgroundc On June 1,2004, the City Council adopted a Specific Plan for the Auto Park East project located south of Main Street, and immediately east of the existing Chula Vista Auto Park. Although not a part of the project, or a condition of approval, the property owners (the Borst Family Trust and Fask Land Inc.) have proposed to dedicate approximately 70-acres of adjoining land to the south and east of the project for purposes of the Otay Valley Regional Park (OVRP). Approximately 59 of those acres are currently within the City of Chula Vista, and 11 acres are within the City of San Diego. Planning and acquisition of the plarmed 8,000-acre, 13-mi1e long OVRP first began over a decade ago through a Joint Exercise of Powers Agreement between the City of San Diego, the County of San Diego and the City ofChula Vista and with the adoption of the OVRP Concept Plan in 2001. To- 24-1 Page 2, Item ""::;:'4 Meeting Date 12/14/04 date, approximately 726 acres have been acquired for the regional park, primarily through state and local public funds. The Proposed Agreement. Assignable IOD and Donation- Through the proposed "Restrictive Covenant Agreement", the owners agree to permanently relinquish all rights to develop the property, and to restrict in perpetuity the use of the property for natural habitat, conservation and open space uses in conjunction with the OVRP. The Agreement spells out these provisions that run with the land, and identifies acceptable uses and prohibited activities on the property. In consideration of the 70-acre land dedication, the owners will be seeking federal tax credits for calendar year 2004, and are therefore requesting approval of the Agreement prior to the end of December. In approving the Agreement, the City assumes no particular responsibility for the property at this time, other than to ensure that through actions the City controls, that appropriate use of the property occurs. The property owners are also proposing to execute an Assignable Irrevocable Offer of Dedication (AIOD) to the City of Chula Vista for the approximately 70-acres. Through the proposed AIOD, the City will not be accepting title to any of the property at this time, but will be able in the future to assign ownership to an appropriate OVRP entity when one is formed. As such, the AIOD does not trigger any maintenance or management obligations to the City at this time. Those responsibilities will remain with the current property owners until the AIOD is exercised, and a new ownership entity takes title to the land. In addition to the above Restrictive Covenant Agreement and AIOD, the property owners are also offering to provide the City a donation of $188,000 that may be used at the City's discretion for activities consistent with the OVRP Concept Plan. For example, the funds could be used to address trails planning and construction through this portion of the OVRP, or other park implementation efforts. CONCLUSION: By approving the restrictive covenant agreement, and consenting the AIOD, the City of Chula Vista can choose to accept or assign all or a portion of the property and the restrictive covenant to any OVRP entity in the future. If the property is assigned to others, the City of Chula Vista will not be included in the property chain of title. Until acceptance, maintenance and management of the property will be the responsibility of the current property owners. FISCAL IMPACT: None associated with the approval of the Restrictive Covenant Agreement or the AOID as the City will not be in the chain of title for the property, nor assume any responsibility for the property. The $188,000 is a donation to the City that must be spent in furtherance of the OVRP. (H:\PLANNINGIEDI ...\BorsUOD.doc) 24-2 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 ~n \ Ann Moore City Attorney Dated: December 7, 2004 Restrictive Covenant Agreement with the Borst Family Trust, Fask Land, Inc. 24-3 __ DEC_~09-2004 .THU 10: ~O AM Procop i 0, CH&S FAX NO, 619 238 4124 p, 02 ,. RfCOItDING REQt.n~..~·fË!) BY; Borst Family TruST Fred Borst .P.O. Box 2008 EI Caj on, CA 92021 fask Lond, IDC. Harold Kapelovil% 81 I Hillcresl Road Boveily Hms, CA 90210 WHf.N fŒCQR.DBD MAIL TO: Procopio, Cory, Hargreaves &. Savitch LLP 530B Str..~ Suite 2100 . San Diego, Califoruia ')2101-4469 Attn.: Theodore J. Griswold, Esq. Sr-AC£ AaoVIi 'r¡.ns LINE Rf.S1:I(VeD'fOR RfrollDER.'S USE AGREEME)"T FOR RESTRICTIVE COVENANT APN: 644-040-64. 644-040-65. 644-040-67. 645-010-08 AGREEMENT FOR RESTRICTIVE COVENANT TIIIS AGREEMENT TO A RESTRICTIVE COVENANT is made this _ day of ,2004, by the Borst Family Trust and Fask Land, Ine, ("Covenantors"), in favor of the City of Chula Vista ("Covenantee") (collectively, the "Parties"). WHE.REAS, Covenantors are the sole owners in fee simple of approximately 78.56 acres of real property in San Diego County, California, more particularly identified and described in Exbibits A and B (the "Property"), attached hereto and incorporated by this reference; and WHEREAS, the Property that is subject to this Agreement is also identified by and consists of all of the real property identified by APN 644_040_64.,644_040_65,645_010_08 and that certain 15.60 acre portion of APN 644-040-67, which is more particularly identified as "Parcel B" on Exhihit B; and WHEREAS, Covenantor intends to relinquish all right, title and interest in the development of the Property, and shall retain aU right, title and interest in the development of the remaining 8.21 acre portion of APN 644-040-67, which Ü nlore particularly identified as the eastem most segment of "Parcel A" on Exhibit B; and WHEREAS, Covenantee is the owner of certain real property ("Covenantee Property"), more particularly described in Exhibit C attacbed hereto and incorporated by this reference, which it hoJdsfor the benefit of the Otay Valley Regional Park ("OVRP"),a multi-jurisdictional planning effort organized under the tenns of a Joint Exercise of Powers Agreement by and between the Covenantee, the City of San Diego and the County of San Diego whose purposes ¡nchlde the management, preservation and conservation of open space areas; and J QCJJñ3.00UOOI/S0312S.01 Poge 1 01'8 24-4 ___~~C-09-2004 THU 10:30 AM Procop;o,CH&S FAX NO. 619 238 4124 P. 03 WHEREAS, it is the desire and intention of the Parties to this Agreement to restrict the Property in perpetuity for the purpose of preserving tlle Property's natura! habitat, open space and conservation values 50 that the Property and the Covenantee's Property (collectively, the "Lands"), the plant and wildlife species thereon, and the people oftlle City ofChula Vista, the County of San Diego and the State of California wilJ be benefited by the preservation of the open space and conservation values of the property; and WHEREAS, it is the desire and intention of the Partics to this Agreement that the restrictive covenants contained herein shall n.m with the land, and the Lands will be benefited by said restrictive covenants and each successive owner of all or part of the Lands will be benefited by the preservation of the open space and conservation values of the Property. NOW, THEREFORE, in consideration oflhe muttlal promises of the Parties to this Àgreement, each to the others as Covenantors and Covenantee, and expressly for the benefit of, and to bind, the.ir successors in interesl, the Parties agree as follows: I. Land Use. The Property shall be preserved in perpetuity for "conservation pmposes," so as to prevent any use of the Property that will impair or otherwise interfere with the open space and conservation values of the Property. For purposes ofthìs Agreement, "conservation purposes" shall include: a. The preservation of the Property for outdoor recreation by, or the education of the general public, including public recreational and educational activities consistent with the OVRP Concept Plan. b. The protection oflhe natural habitat offish, wildlife, or plants, or similar ecosystems present on the Property. c. The preservation of open space on the Property for the public benefit. d. The use of the mitigation value andfor credits in order to mitigate impaots from other projects by Covenantee. 2. Prohibited Activities. Any activity on or use of the Property that is inconsistent with the conservation purposes stated in Section 1 is prohibited. Without limiting the generality of the foregoing, the following activities and uses arc expressly prohibited: a. The disturbance, alteration or impairment of the nanlral ecological values oflhe Property, and the plant and wildlife species located thereon. except: I) Those activities that may be necessary to provide the public with access to pUblic recreational and educational activities associated with the OVRP including but not limited to placement of pedestrian hiking, biking Of equestrian trails and posting of educational or infonnational materials pertaining to the OVRP. should such activities be authorized by later regulatory approvals; and 10Q)ó3.000001/50J 1 ¡¡01 Page 2 ofS 24-5 _..---'pEC-09.::2004 THU 10:31 AM Procopio,CH&S FAX NO, 619 238 4124 p, 04 2) Those activities required for the enhancement, creation or restoration of habitat on the property. b The planting of trees or crops or new exotic plant species for the conversion of native habitat to non-native landscaping. c. The intentional introdttction of non-native plant or animal species. d. The hunting, trapping or interference with wiJd1ife on the Property. e. The exploration for or extraction of11lincrals, hydrocarbons, or soils or other materials on or below the surface of the Property. f. The construction or placement of any mobile homes, trailers, camping facilities, billboards or other advertising material or any other stll.tcturcs. g. The dumping of ashes, trash, garbage or other tmsightly or offensive material. h. Removing, destroying, cutting, altering, or spraying with biocides of any vegetation except as necessary to contro! an actual threat of infestation by exotic vegetation as part of an approved habitat en11ancement pJan. i. The changing ofthe topography through the placing of soil, dredging soils, landfill or other materials except as necessary for habitat enhancement pursuant to an approved habitat enhancement plan. j. Fi1ling, excavating, dredging, mining, drilling or removal of topsoil, sand, gravel, rock, minerals or other materials except as necessary for habitat enhancçment pursuant to an approved habitat enhancement plan. k. The alteration or manipulation of existing patterns of water drainage or of water quality except as necessary to maintain stonnwater control devices adjacent to the property. LGrazing of domestic livestock. In. The operating of motor vehicles on the Property, except as may be necessary for OVRP activities should such activities be authorized by later regulatory approvals. n. Constructing of any buiJdings or structures, except as may be necessary for OVRP activities should such activities be authorized by later regulatory approvals. o. Subdivision of the Property. 3. Relinouishment of Mitiu;ation Value. Covcnantor expressly relinquishes rights to and transfers to the Covenantee the rights to and the ability 10 use any resource values, including I09363.00POOI150J 125.01 PaS·30f8 24-6 ~-03-2004 THU 10:31 AM ProcoPÎo,CH&S FAX NO. 619 238 4124 p, 05 marketable values and/or credits and natural resources consistent with the intent of this restrictive covenant, which the Property holds, excepting therefrom the 2.1] acre segment of the prOPCrty identified by APN 644-040-65, whose mitigation value has already been used. 4. Enforcement. Enforcement will be by proceedings allaw or in equity against any person or persons violating or attempting to violate or to recover damages. 5. Severability. Invalidation of anyone of these covenants by judgment or court order wi II not affect any of the other provisions, which wiU remain in full force and effect. IN WITNESS WHEREOF, the Parties to this Agreement have executed this Agreement on the date first above written. Covenantal's: Borst FamiJy Trust ·By: (~,I,'IJ\} 11:4- . ~:rickBorst Title; Trustee WITNESS my hand and seal trus (¡¡4Ð day of 'Ù::te.~h(/, 2004.. (Notary Acknowledgement Required for Each Signature) State of Cè¡\\ hxfV:' ) County of::3C1n D"~p ) On ~__, before me, -Jyil' £Ue.rf::Ù') .. , Notary Public, personaJJy appeared f-rt'Of'.r,C/I- (À,,)'5, f- personally known to me or proved to me on the basis of satisfactory evidence) to be the person~ whose nameQ()@are subscribed to the within instrument and acknowIed~to ~e thatfuØ/¡¡;ei~¡ey executed the same in@h~r authorized capacity~, and that by~lieffffteir signaturtS on ~'e instmment, the persont1!1, or the entity upon behalf of which the person~, executed the I1lstnlment. r )8- - - - "'~~I ;VE~S~. N - - 19natures Follow \.... ,,' " -/B,¡(.~ J Commission #t 1298oC73 f J !. NoIOry Public· CaJlIomJa ! .I jõl: Rive~ide County t- ¡ , Mv Comm. EocPÆsM724.:!DD5 , . -----~~_.._---- 1 o~JtU _00000 1/50) I ~S.OI Poge 4 efS 24-7 ~C-~:~004 THU 10:31 AM Procopio,CH&S FAX NO, 619 238 4124 P. 07 12/6B12664 15:55 3J.B2759157 HAROLDKAPELOVITZ PAGE 61 Fask Land, Inc. ~ B" 1i:.:::1d........ Title: Presi(!ent WITNESS my hand and seal this -g-;;z.S day ofJ) .. -. .._ ~01.>4. (Notary AckDo"J1edgedlent Required for Each Signature) ~ D . ~~:::~-l. d~') . . On :b...-. '6 ..:I.ðI>4--. before lIIe, ~ ~ ~ . Nntary Public. personally appellI'Cd ~ ~~¡:::Z' \I Co personally known to me or proved to me on tI1e basis of sati5factory evidence) to be the per¡Cn~ whose n¡un~ is!_ subscribed to the within instrument and acknowledged 10 me that heJ~ executed the same in hislhlw<llleir authorized capacit}{~ and that by hislher.'tÀ8Ïr signatures on the instrument, the personfe}, or the entity npcn behaJf of which the person(~ acted, e;teÇ\l8d the insuument. . ~."- _I'US\JC. G,I1.JI'OANtA. --CQIIIIISØ!ON' '1\117111 LOa -"LEI COI.MY MIJ ComllL Eap. ,.þru.,y 2, aGO' Signatures Follow o æ #.-ð cia ~ "- IO~J61.DaOOOI'SOJ I JS.OI pas. 60r8 PAGE 113' RCVD AT 121t1lO84 3:55:11 PM ~a(iit Stmdard íllDe' S'ltRIGHiFAXl2' Dtm417' CSlD:3102159t67' DURATION ~oSSl:01·24 24-8 --pEc-oe-2Q04 THU 10:32 AM Procopio,CH&S FAX NO, 619 238 4124 p, 09 Cov~nantee: City of Chula Vista By: WITNESS my hand and seal this day of ,2004. (Notary Acknowledgement Required for Eacll Signature) State of County of ) ) On , before me, , Notary Public, personally appeared personally known to me or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/arc subscribed to the within instrument and aCQ1owledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/her/their signatures on the instrument, the person(s), or the entity upon behalf of which the person(s) actcd, executed the instrument. End of Signatures IOOJ61000(1OII~OJ 125.01 Page 8 ofB 24-9 DEC-09-2004 THU 10:32 AM Procopio,CH&S -.. _._. ..- "- FAX NO, 819 238 4124 p, 10 EXHIBIT 'A' LEGAL DESCRIPTION THOSE PORTIONS OF PARCELS 3 AND 4 OF PARCEL MAP NO. 18372, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY NOVEMBER 12, 1999 AS FILE NO. 1999-752372 OF OFFICIAL RECORDS; TOGETHER WITH PARCEL 3, OF PARCEL MAP NO. 15134, IN SAID CITY OF CHULA VISTA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY FEBRUARY 11, 1988 AS FILE NO. 1988-064875 OF OFFICIAL RECORDS TOGETHER WITH THOSE PORTIONS OF PARCELS A AND B OF CITY OF CHULA VISTA ADJUSTMENT PLAT NO. 04-12, RECORDED AUGUST 23, 2004 AS FILE NO. 2004-0799907 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL MAP NO. 18372; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL MAP NORTH 00'18'44' EAST, 844.04 FEET TO THE NORTHWEST CORNER OF SAID PARCEL B OF SAID ADJUSTMENT PLAT NO. 04-12, SAID CORNER BEING THE BEGINNING OF A NON-TANGENT CURVE . CONCAVE TÖ THE SOUTH HAVING A RADIUS OF 25.00 FEET TO WHICH A RADIAL BEARS NORTH 21'02'23" WEST: THENCE LEAVING SAID WESTERLY LINE EASTERLY 20.32 FEET ALONG THE NORTHERLY LINE OF SAID PARCEL B AND SAID CURVE THROUGH A CENTRAL ANGLE OF 46'34'17"; THENCE SOUTH 64'28'06" EAST, 6.54 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 25.00 FEET; THENCE EASTERLY 9.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22'42'54" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTHWEST HAVING ARADIUS OF 2.15.00 FEET THROUGH WHICH A RADIAL BEARS NORTH 02'49'00" EAST; THENCE NORTHEASTERLY 205.04 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54"38'27" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 48.00 FEET THROUGH WHICH A RADIAL BEARS SOUTH 51'49'27" EAST; THENCE NORTHEASTERLY EASTERLY AND SOUTHEASTERLY 113.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 135"02'02" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 150.00 FEET THROUGH WHICH A RADIAL BEARS NORTH 83·12'35" EAST; THENCE SOUTHEASTERLY 196.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 74'55'56"; THENCE SOUTH 81'43'21' EAST, 110.24 FEET; THENCE NORTH 84'11'16" EAST, 292.82 FEET; THENCE SOUTH 86"25'15" EAST, 191.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 55.00 FEET; THENCE SOUTHEASTERLY 12.92 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13'27'43"; THENCE SOUTH 73'01'10" EAST. 197.02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 300.00 FEET; THENCE EASTERLY 113.67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21'42'33" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIU5 OF 115.00 FEET THROUGH WHICH A RADIAL BEARS SOUTH 05"10'53" EAST; THENCE SOUTHEASTERLY 129.64 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64'35'20" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 100.00 FEET THROUGH WHICH A RADIAL BEARS NORTH 59"24'27" EAST; THENCE SOUTHEASTERLY 91.43 FEET ALONG SAID N:\~rln.un\n,.,r.II"""nr.::;\J",clal dR!:~r1Dtion.\2DC41102 OPEN SPAC&.dQC 24-10 DEC-09-2004 THU 10:32 AM Procopio,CH&S FAX NO, 619 238 4124 P. 11 CURVE THROUGH A CENTRAL ANGLE OF 52'23'04"; THENCE SOUTH 82'58'37" EAST, 308.20 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 550.00 FEET; THENCE EASTERLY 163.80 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17'03'50" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 100.00 FEET THROUGH WHICH A RADIAL BEARS NORTH 24'05'13" EAST; THENCE EASTERLY 30.73 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17'36'24'; THENCE SOUTH 83'31'11" EAST, 349.85 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 100.00 FEET; THENCE EASTERLY 31,22 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17'53'14" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 390.00 FEET THROUGH WHICH A RADIAL BEARS SOUTH 11'24'25" EAST; THENCE EASTERLY 66.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9'43'26' TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 100.00 FEET THROUGH WHICH A RADIAL BEARS NORTH 01'40'59" WEST; THENCE NORTHEASTERLY 91.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52'42'05" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 50.00 FEET THROUGH WHICH A RADIAL BEARS NORTH 54'23'04' WEST; THENCE NORTHEASTERl Y, NORTHERLY AND NORTHWESTERLY 53.08 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60'49'36"; THENCE NORTH 37'54'05' WEST, 65.61 FEET; THENCE NORTH 19'47'19': EAST, 9.09 FEET; THENCE NORTH 78'23'53" EAST, 204.32 FEET; THENCE SOUTH 86'34'20" EAST. 98.87 FEET TO THE BEGINNING OF A NON·TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 151.00 FEET TO WHICH A RADIAL BEARS SOUTH 52'48'51" EAST; THENCE NORTHEASTERLY 7.76 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2'56'39" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 50.00 FEET THROUGH WHICH A RADIAL BEARS NORTH 55'45'30" WEST; THENCE NORTHEASTERLY 14,26 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16'20'33'; THENCE NORTH 17'53'57" EAST, 122.20 FEET TOA POINT ON THE NORTHERLY LINE OF SAID PARCEL S, SAID NORTHERLY liNE ALSO BEING THE SOUTHERLY RIGHT OF WAY LINE OF MAIN STREET (FORMERLY OTAY VALLEY ROAD); THENCE ALONG SAID NORTHERLY LINE OF SAID PARCEL B SOUTH 72'56'45" EAST, 420.74 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 1,282.97 FEET; THENCE EASTERLY 735.62 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32'51 '07'; THENCE NORTH 74'12'06", 163.19 FEET TO . THE NORTHEAST CORNER OF SAID PARCEL B; THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 00'25'50· WEST, 777.75 FEET TO THE NORTHEAST CORNER OF PARCEL 3 OF SAID PARCEL MAP NO. 15134; THENCE ALONG THE EASTERLY LINE THEREOF SOUTH 00'24'47" WEST. 174.38 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE ALONG THE SOUTHERLY liNE THEREOF SOUTH 68'50'31" WEST, 457.73 FEET; THENCE NORTH'53'23" WEST, 1,011.61 FEET; THENCE NORTH 84'41'08" WEST, 561,41 FEET; THENCE NORTH 76"20'35' WEST, 622.60 FEET; THENCE NORTH 87'50'36" WEST, 239.17 FEET; THENCE NORTH 81'49'42" WEST, 21.61 FEET TO THE SOUTHERLY LINE OF SAID PARCEL MAP NO, 18372; THENCE ALONG SAID SOUTHERLY LINE NORTH 89'01'56" WEST, 1,280.44 FEET TO THE POINT OF BEGINNING. ......~...r,..\...___,._.._P_~,....~, ........._.:.....õ.......\')"t'lA"I\~ noS'", O:II~/""¡;'.-I....... 24-11 __ -pEC-09-2004 T~U 10:33 AM Procopio,CH&S CONTAINING 3.421,925 SQUARE FEET 78.557 ACRES FAX NO, 619 238 4124 ALL AS SHOWN ON THE PLAT ATTACHED HEREWITH AND MADE A PART HEREOF. PREPARED BY: NOLTE ASSOCIATES. INC. ~ J>...-.- if... RONALD C. PARKER L.S. 4312 I',~/pf . DATE ..\eo""....",..\,..__._.....,'....,.., ,.I.....~.....,.;,...."'\.,n"...l'fI., ng~N .~fI"("1I':.rln~ 24-12 p, 12 DEC-09-2004 IHU 10:33 AM Procopio,CH&S "''''':.':,1 ...~~ ... J! : ~I : ,i : ..I : ~I . " ~ I ~ " " ii " . I." ,,::- ("I ("\ n n (") ~ n C"'1 ""' n n n n n n ("') n n ~ !'OR lOT 2 \ß P.'u 1."''0 I ¡¡; :::; ¡;; ¡;; ;: ¡;; ;;; - õ .., co " '" ... ~ '" ~ - ~ I Þ SW V-INW Vol \~ "'" "" _ I rø SEC 19. Tfas, RIW ~ t,ARCfJ. 3 __UlðlJrt",,_.....c...oUt~~ n .... ' \j""_ ~ ¡; ~ g ~ U! :;:::¡ ..., ...,¡ ~ .A; -:;;:¡ ~ '" "': . 13! = <= r......::.. 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I !;i-j I I I I I DEC-09~2004 THU_IO:33 AM Procopio,CH&S FAX NO, 619 238 4124 BORST PROPERT - OPEN SPACE PARCELS P. 14 r ~.._______.______________._______________._______________4______________._a Norch, 1795777.3850 Line Course: N 00-18-44 E Nor~h; 1756521.4124 Curve Len9~h, 20.32 Del~a: 46-)4-17 Chord; 19.77 Course In: S 21-02-23 E RP Nor~h, 1795598.0792 &nd Nor~h, 1756620.6376 Line Course' S 64-28-06 E Norch, 1796617.8188 Curve Length: 9.~1 Del~a, 22-42-54 Chord, 9.85 Cour.e In: N 25-31-54 & RP North, 1H6640.3775 End Nor~h: 1796615.4068 Curve Lengch, 205.04 ne1ta: 54-38-27 Chord: 197.35 Course In, N 02-49-00 E RP North, 1796830.1471 End Norch. 1796697.2629 Curve Length, 113.13 Delta. 135-02-02 Chord 1 sa.70 Cour.e In, S 51-49-27 E RP North. 1796667.5552 End North, 1795673.2714 Curve Length: 196.17 Delta, 74-55-56 Chord: 182.49 courQe In. N 8]-12-]5 & RP North, 17~6591.0067 End North: 17~6542.5677 Line Course: S 81-43-21 E North: 1796525.5967 Line Cour~è: N 84-11-16 E North: 1796556.3501 Line Course: S 86-25-15 E North, 1795544.4254 Curve Length, 12.92 Delta; 13-27-43 Chord: 12.89 Cour$e In: S 03-)1-07 W RP North, 1796489.5301 End North; 1795542.1328 Line Course: S 73-01-10 E North. 1796484.5937 Curve Length: 113.67 Delta; 21-42-33 Chord; 112.59 Couree In. N 16-31-40 & East : 6321B59.9350 Leng~h: 844.04 Eaat ; Radius, Tangen ~ ; Course: Course Out.: ¡:as~ Ea.st Length: 6.54 East Radius: Tangenc: Course: Course Out; East : Eaet ; Radius: Tangent: CourJ!le. Courge Out.: East: East . I!adiu., Tangent.: Course: COl.lrse Out: East: East : Radius: Tangen!:.: Course: Courliie Out: East : East ': Len9th: 110.24 East, 5322441.1648 Length, 292 _ 82 Ea.t : 6322732.4794 Length: 191. DO East. : Radius, Tangent: Course: Course Out: I East.: I East: , Length, 197.02 J East: 1 Radius: ! Tangon. : I Cour... Course Out.: I IN· ¡;;,nnOd¡;nnna'''' PA(¡F ~ 24-14 6321904.53H 25.00 10.?6 S 87-45-14 E N 25-31-54 E 6321913.509B 15321324.2892 6323930.1906 25.00 . 5.02 S 73-49-33 E S 02-49-00 W 6321940.9658 6321939.7407 215.00 111.07 N 65-29-46 E S 51-49-27 E 6321950. ]059 5322119.3251 48.00 115.96 S 74-18-26 E N 83-12-35 E 6322157.0567 6322204.7169 150.00 114.9. S H-15-23 & S 08-15-39 W 5322353.6567 6322332.0732 6322923.1059 55.00 6.49 S 79-45-01 E N 16-58-50 E 6322919.7314 6322935.7912 6323124.2219 300 . DO 57.52 S B4-19']5 E S 05-10-53 E ¡1/0R104 ___~EC-0~~2004 THU 10:34 AM Procopio,CH&S FAX NO, 619 238 4124 BORST PROPERT - OPEN SPACE PARCELS RP North, 1796772 .1983 East , 6323209.5659 End North: 1796473.4239 East , 6323236.6584 Curve Length, 129.64 Radius, 115.00 Pel ta, 64-35-20 Tang..nt: 72.68 Chord: 122.88 Course: S 62-53-13 E Course In: S 05-10-53 E CQurse cue; N 59-24 -27 E RP North, 1196158.8938 East : 6323247.0440 End North: 1796417.4216 East : 6323346.0350 Curve Length, 91.43 Radius: 100.00 Delta: 52-23-04 Ta"g..nt: 49.19 Chord, 88.29 Course: S 56-41-05 E Cour¡e In: N 59-24-21 E Cou.rse Out: S 07-01-23 W RP North: 1196468.3145 East : 6323432.1159 End North: 1796369.0630 East : 6323419.8911 Line CO'Jrlòe: S 132-58-31 E Length: 308.20 Ea.st : Radius: Tangent: Course; Course Oue: East : East : Radius: Tangent: Ccurse= Course Out: East: East : Length: 349.85 North, 1196331.3198 Curve Length: 163,80 Delta. P-03-50 Chord: 163.20 Course In: S 01-01-23 W RP North: 1795785.5064 End North, 179.287.6155 Curve Lengt:h: 30.73 Delta: 11-36-24 chord: 30.51 Course In: N 24-05-13 E RP North: 1796378.9083 End North: 179.279.5468 Line Course: S 83-31-11 E North, 1796240.0.23 CUrve Length: 31.22 Pelta: 17-53-14 Chord: 31.09 Course In: N 06-28-49 E RP North: 1796339.4234 End North: 1196241.3986 Curve Length: 66.19 Delta, 9-43-26 chord: .6.11 Course In: S 11-24-25 E RP North: 1795859.1022 End Nortll, 17!1624Ø.9HO Curve Length: 91.98 Delta: 52-42-05 Chord, 88.77 Course In: N (11-40-59 W RP North, 17!16348. 8909 ~nd North: 1796290..554 Curve Length: 53.08 Pelt·a: 60-49-:\7 Chord, 50,62 CQur~e In: N 54-23-04 W RP ~oroh, 1796319.7726 End North, 1756341.0669 Line Course: N 37~54-0S W Length: North, 1796392.8377 ft.,. r:-nl"l""I':/'tfln.,1;: East. : Radius: Tangent: Course: course Out: East : East: Radius: Tangent, Course: course au t : East: : East, Radiu:I ; Tangent: Course: Course Out: Ease: : East : Radius: Tangent: Course: Course Out: East East 65.61 East. PAr;F Ii. 24-15 6323725.7793 550.00 82.51 S 74-26-42 E N 24-05-1) ~ .323658.5315 6323883.0018 100 . 00 15.49 S 14-42-59 E 5 06-28-49 W 6323923.8141 6323912.5292 63242.0.1440 100.00 15.14 1/ 87-32-12· E S 11-24 -25 E 6324271.4301 6324291.2052 390.00 33.11 N 83-27-18 E ~ 01-40-59 W 6324368.3379 .324356.8844 100.00 49.53 N 61-51-58 E S 54-23-04 E 6324353.9473 6324435.2390 50.00 29.35 II 05-12-0S E N 64-47-19 E 6324394.591S 6324439. S287 6324399.5242 J li08/04 p, 15 _DEC-09-2004 THUJQ.:l4 AM Procopio,CH&S FAX NO, 619 238 4124 BORST PRO PERT - OPEN SPACE PARCELS Line Course: N 19-47~19 E Nor~h. 1796401.3909 ~ine course, N 78-23-53 E North. 1796442.4820 ~ine Course. S 86-34-20 E Nor~h, 1796436.5705 curve Leng~h, 7.76 Del~a, 2-56-39 Chord, 7.76 course In. N 52-48-51 W RP Nor~h: 1796527.8352 End Nor~h: 1796442.8712 Curve Leng~h, 14.26 Delta, 16-20-33· Chord: ·14.21 Cour.e In' N 55-45-30 W RP North, 1796471.0054 End North: 1796455.6354 Line Course: N 17-53-57 E North: 1796571.9207 Line course' S 12-56-45 E Length. North: 1796448.5279 Curve Length. 735.62 Delta, 32-51-07 Chord: 725.59 Course In, N 17-03-15 E RP North. 1'/97675.0831 End North: 1796440.5745 Line Course, N 74-12-08 E Length: Nor~h: 1796485.0018 Line Course, S 00-25-50 W Length, North: 1796134.6417 Line Course. S 00-25-50 W Length, North, 1795707.2837 Line Course: S 00-24-47 W Leng~h, North. 1795532.9083 Line Course. S 68-50-31 W Length: North: 1795367.6943 Line Course, N 79-55-23 W Length: North. 1795544.6963 Line Course. N 84-41-08 W Length, North: 1795596.6950 Line Course: N 76-20-35 W Length: North: 1795743.6958 Line Course: N 87-50-36 W Length: North, 1795752.6963 Line Course: N 81-49-42 W Length. North, 179575S.7679 ~ine course. N 89-01-58 W Length, North: 1795777.3822 Length, 9.09 E&sc Length, 204.32 East. Length, 98.87 East Radiu. : Tangent. Course: Cou.rse Out. East : East: Radius: Tangent: Course: Course au t: East : East : Length: 122.20 Ba.t : 6324749.7722 420.74 Ea.t .: Radius: Tangent: Course; Course Out:: East, East , 163.U East: 5326034.5839 350.37 East , 6326031.9510 427.37 East, 6326028.7396 174.38 Ea.t , G326027.4824 457.73 Eas~ : 6325600. GOes 1011.61 East , 6324604.6042 561. 41 Ea.. : 6324045.6075 622.60 East : 6323440.6104 239.17 East 21.61 East 1280.44 East : 6321899:9617 6324402.6017 G324502. 74?l 6324701.4402 151.00 Le8 N 35-42-49 E S 55-45-30 E 6324581.1416 6324105.9700 50.00 7.lB N 26-04-14 E S 72-06-·03 E 6324564.6364 6324712.2150 6325152.0114 1282.97 378.23 S 89-22-19 B S 15-47-52 Ii: 6325528.2753 632S877.5578 6323201.6098 6323180.2192 Perimeter: 10617.28 Area: 3,421,925 S.F. 78.557 AC. Mapcheck Closure - (Uses Error Closure, 0.0268 Error North, -0.00273 Preci~ion 1: 393,417.54 list~d courses and chords) Course: 5 84-09-16 E East : 0.02667 "",I. 'i:'nnn..~nnn "H P 4íïr. 7 24-16 11/08/04 P. 16 -4 ',\ r- f\ __ I) f- ~0j/ f'.. Ì'- a:y J } ~/ -:---. / h V~~L-/; I o / ~ ,. d ,. ~ ¡¡ ( . . .. . ¡l'~ D7 ( ---J. ¡..; I a.. ()~:i: ::;:z... ~wa: ..J:Ew ;:)a..z 0;: o..Jo ¡..;w 7?':~ wcz a:ww ~a:9 u ~\\HI .1 ::XJ - ~\\ -- @:¿s¿ - }- c ~ -\: r-]JJ~ ÇJ CDJ ' \.l .1 \ "- :III I \ Ul \.11 _\ D :\ · · · · · · . · .: .:. --... · · · · · · I. ,. · · · · · 24 17 . . ( " 0 ~ ;! .. A 0 0 ... n ~ .c 0 " " .6 ~ ~ w ;;! u en \ 01- I-~ I-z Ow w> "'0 !!O (/)w - ~;: ~o wit: Dol- o(/) ~w Do~ I/~I 1IIIIJr ~ é5;\~(:.);::\ ~I UUJ t- f:::: @ I'~ == ''¿~~ \~r::::: \B\~ ~R ~ \\~ ~ ~~'\':7 \'\ ~ .';)..)1 ~~ ~~,~ ~J8~ f '-<J:[¡j¡, 0~31a NVS ,10 AlI::J \ V1S,^ VlnH::J,O AlI::J J " z+ ~ j U 1-1 ~ ~ Þ ØoI ~ Z 1-1 Z 1-1 o ~ ~ r.c o Z o 1-1 ~ U o ~ o ¡..; IX! J: >< W RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A RESTRICTIVE COVENANT AGREEMENT BETWEEN THE BORST FAMILY TRUST, FASK LAND INC. AND THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS the Borst Family Trust and Fask Land Inc. ("Property Owners") are the sole owners in fee simple of approximately 78.56 acres of real property in the County of San Diego, identified as Assessor Parcel Numbers ("APN") 644-040-64, 644-040-65, and 644-040-67, and 645-010-08 ("the Property"), and more particularly described in Exhibits A and B to the Restrictive Covenant Agreement ("Agreement") on file with the City Clerk; and WHEREAS, Property Owners intend to pe=anently relinquish all rights to develop the Property, excepting the eastern most 8.21-acre section of APN 644-040-67, which is more particularly identified as "Parcel A" on Exhibit B; and WHEREAS, the purpose of the Agreement is to restrict in perpetuity the use of the Property to ensure its natural habitat and open space and conservation values consistent with the Otay Valley Regional Park Concept Plan as may be amended from time to time; and WHEREAS, pursuant to Government Code section 7050, the Property Owners have executed an assignable irrevocable offer to dedicate ("IOD") approximately 70 acres of the Property to the City of Chula Vista; and WHEREAS, the City of Chula does not accept title to any of the Property at this time, however, the City hereby consents to the recordation of the IOD. NOW THEREFORE BE IT RESOLVED that the City Council of the City Of Chula Vista does hereby approve the Restrictive Covenant Agreement on file with the City Clerk; BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for, and on the behalf of the City of Chula Vista. Approved as to fo= by Æ~-r:.1LuL City Attorney Presented By Jim Sandoval Director of Planning and Building 24-18 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION OF $188,000 FROM THE BORST FAMILY TRUST AND F ASK LAND INC. TO BE USED IN FURTHERANCE OF THE OT A Y V ALLEY REGIONAL PARK WHEREAS, the Borst Family Trust and Fask Land Inc. ("Property Owners") are the sole owners in fee simple of approximately 78.56 acres of real property in the County of San Diego, identified as Assessor Parcel Numbers ("APN") 644-040-64, 644-040-65, 644-040-67, and 645-010-08 ("the Property") more particularly described in Exhibits A and B to the Restrictive Covenant Agreement ("Agreement") on file with the City Clerk; and WHEREAS, Property Owners intend to permanently relinquish all rights to develop the Property, excepting the eastern most 8.21-acre section of APN 644-040-67, which is more particularly identified as "Parcel A" on Exhibit B; and WHEREAS, the purpose of the Agreement is to restrict in perpetuity the use of the Property to ensure its natural habitat and open space and conservation values consistent with the Otay Valley Regional Park Concept Plan as may be amended from time to time; and WHEREAS, pursuant to Government Code section 7050, the Property Owners have executed an assignable irrevocable offer to dedicate ("IOD") approximately 70 acres of the Property to the City of Chula Vista; and WHEREAS, the Property Owners have also offered to provide the City with a gift of $188,000 which may be used in the discretion of the City for activities consistent with the OVRP Concept Plan, as may be amended from time to time; NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista accepts the donation of $188,000 from the Borst Family Trust and Fask Land, Inc.. Presented By Approved as to form by ~~ Pll~ Jim Sandoval Director of Planning and Building (J:lplanningledlgpu rfpslfia contract reso.doc) 24-19 COUNCIL AGENDA STATEMENT Item No.: Meeting Date: c9.6 12/14/04 ITEM TITLE: Resolution approving an amendment to the two- party agreement between the City of Chula Vista and Economic and Planning Systems, Inc For consulting services and waiving the formal consultant selection process, and authorizing the purchasing ""~t to "=,, "" =~dm':tft. . SUBMITTED BY: Director of Planning and Build' REVIEWED BY: City Manage~ Q\" (4/Sths Vote: Yes_ No K.) On May 21, 2004 the City entered into a contractural agreement with Economic and Planning Systrnes, Inc. (EPS). This contract provided for a review and assessment of the current Growth Managernnt Program, suggestions for improvement, drafting of a new Growth Management Element as part of the General Plan Update, and assisting in the preparation of a revised Growth Management ordinance. This amendment allows the same consultant to assist in the next logical step which is finalizing the Growth Managemnt Ordinance and redrafting of the Growth Management Program Document which describes in detial how the Element and Ordinance will be implemented. The $25,000 amendment will cover this extended work program. RECOMMENDATION: That the City Council adopt the Resolution approving the proposed Amendment, waiving the formal consultant selection process, and authorizing the purchasing agent to sign on behalf of the City. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Back!!round Following Council's directive on April 15,2003, City staff have been undertaking the task to update the City's Growth Management Program., known as the "Top-to-Bottom review". The full growth management program includes three fundamental components which are the: 1. Growth Management Element in the General Plan; 2. Growth Management Ordinance, and; 3. the Growth Management Program Document. The Growth Management Element of the General Plan establishes the broad policy basis that underlies the need for and content of a Growth Management Program. Building from the General Plan, an ordinance is developed which establishes the legal parameters and is where the 25-1 Page 2, Item No.: &;:ì S Meeting Date: 12/14/04 City's quality of life threshold standards are defined. The program document specifies the implementation mechanics of the program, how the thresholds are monitored, the reporting requirements, and the roles of the participants including the Growth Management Oversight Commission. In April of 2004 the city contracted with an outside consultant, Walter Kieser ofEPS to assist in reviewing and updating the growth management program. The consultant's initial focus was on preparing a general review and critique of the program in the form of a White Paper that was presented to Council on May 27, 2004. Following this presentation staffretumed to Council on June 15 and June 23, 2004 for further direction. Since that time we have called upon Mr. Kieser's service for additional consultation Progress has been made in drafting the Growth Management Element of the General Plan and making preliminary revisions to the existing growth management ordinance. Our current contract with EPS is sufficient to finalize work on the Growth Management Element. However, it is our intent to amend the City's contract with EPS, so that Mr. Kieser may also assist in fmalizing the Growth Management Ordinance and in developing the Growth Management Program Document. Maintaining the same consultant to continue this work is the most practical way to proceed, and will follow successful contributions thus far provided in the overall growth management program update. Scope of Additional Consultant Services The additional services of EPS are summarized below and are more fully described in the proposed contract amendment in Attachment 2. 1. Establish Direction for the Growth Management Ordinance and Program through the preparation of a Growth Management Program Report Outline and Issue Paper. This Paper will summarize the issues in regard to the updated Growth Management Element that will need to be reflected in the ordinance. In addition, there will be an assessment of the present and possible additional quality of life thresholds and how they are measured. In a parallel fashion the paper will highlight how these changes/additions will need to be reflected in an updated Growth Management Program document. Changes include technical advances, policy considerations, inter-governmental affairs, the revised Threshold Standards, and how growth management relates to the broader concems of maintaining the quality of life in Chula Vista. The Outline and Issue Paper will be discussed with the GMOC as a part of their regular meetings. Staff and Consultant will seek direction from the Commission on the key issues raised. 2. Finalize research and development of appropriate quality of life indicators and measurement mechanisms. A key aspect of this effort will be the identification of how the Growth Management Thresholds and Program will respond to the changing nature of Chula Vista development from being almost exclusively in the eastern territories to one where there is also an emphasis upon urban infill and intensification in western Chula Vista. The research and analysis required will engage City staff, relevant outside 25-2 Page 3, Item No.: ;;:¡s. Meeting Date: 12/14/04 agencies, and the Consultant in a cooperative effort. Insofar as individual operating departments have a role in the Program (e.g. traffic monitoring) they will be enlisted to assist with specific technical efforts and establishing protocols and procedures. 3. Prepare the Growth Management Ordinance and Program, given the policy direction provided by City Council and the GMOC and the results of research and analysis, the Consultant, in cooperation with City staff, will assemble an Administrative Draft Growth Management Ordinance and Program Report. This Draft Report will be presented to the GMOC for their review and comment. Following a first round of review and subsequent edits and additions a Public Review Draft Report will be prepared for public distribution and comment including a community workshop. It is expected that members of the development community and other interested organizations will be solicited to comment upon the Draft Report. Following another round of subsequent edits and additions a Final Draft Report will be prepared for recommendation by the GMOC for adoption by the City Council. The Consultant will be available and participate in the required meetings with the GMOC, the public, and the Council as a part of this Draft Report reVIew process. Total Amendment Cost The original Agreement was for $49,000, which included $30,000 in fixed fees and $19,000 in hourly charges. The first amendment will add another $30,000 in fixed fees bringing the total contract amount to $79,000, comprised of$60,000 in fixed fees and $19,000 in hourly charges. FISCAL IMPACT: No additional funding is requested for this contract amendment, the $30,000 will come from the existing FY 05 expenditure budget of the Plarming & Building Department. Aside ftom this contract, the City has two other contracts with EPS. Over the past year, the City has paid $44,700 to EPS for consulting services. Attachments l. Initial Contract with EPS. 2. Proposed First Amendment to the Agreement with EPS. H:\PlanninglDanF\EPS Amend 1 Al13.doc 25-3 Parties and Recital Page(s) Agreement between City of Chula Vista and Economic and Planning Systems, Inc. for Planning Consulting on the Growth Management Program for the General Plan Update This agreement ("Agreement"), dated 3/12/2004 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, City is currently updating the Growth Management element of the General Plan; and, Whereas, City is working to meet strict deadlines that require certain products to be completed in March and April of 2004; and, Whereas, Contractor is uniquely qualified with over 20 years of planning experience focusing on growth management programs and implementation, is experienced in coordinating with multiple disciplinary teams working on large-scale public projects, is experienced in preparing supporting elements for General Plan updates, has demonstrated the ability to carry a project to completion and meet deadlines, and has demonstrated the ability to achieve overall project goals while maintaining attention to detail; and, Whereas, Contractor is available to work at this time in an intense effort to complete the tasks described below, and has agreed to work for City for the duration of Agreement; and, Whereas, Consultant warrants and represents that Consultant is experienced in a manner such that Consultant is and can prepare and deliver the services required of Consultant to City 2PtyEPS4-9.doc Page 1 25-4 /) 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.) 2PtyEPS4-9.doc Page 2 25-5 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames ~et 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 "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate 2PtyEPS4-9.doc Page 3 25-6 fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categor- ies, 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 demonstrating same, and further indicating that the policies may 2PtyEPS4-9.doc Page 4 25-7 not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney" which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark 2PtyEPS4-9.doc Page 5 25-8 in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed ina 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 shall compensate Consultant for all services rendered by Consult- ant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's 2PtyEPS4-9.doc Page 6 25-9 account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,. Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate") . Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. 2PtyEPS4-9.doc Page 7 25-10 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. Seàrch to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 2PtyEPS4-9.doc Page 8 25-11 F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for 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 2PtyEPS4-9.doc Page 9 25-12 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. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City 2PtyEPS4-9.doc Page 10 25-13 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". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City sh~ll 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, 2PtyEPS4-9.doc Page 11 25-14 studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 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. good over Upon request by City, Consultant shall meet and confer in faith with City for the purpose of resolving any dispute the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs 2PtyEPS4-9.doc Page 12 25-15 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, Consult- ant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 2PtyEPS4-9.doc Page 13 25-16 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 b~ 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.] 2PtyEPS4-9.doc Page 14 25-17 Signature Page to Agreement between City of Chula Vista and Economic & Planning Systems, Inc. (EPS) for Planning Services on the Growth Management Element of the General Plan Update IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read an~ understood same, and indicate their full and complete consent to its terms: Dated: ~ ( ':>-\ , 2004 City of Çhula Vista by: John Purchasing Agent Dated: Economic & Planning Systems, Inc. By:\N Ck -f. \, Wàlter F. Kieser, Managing Principal , Exhibit List to Agreement (LJJ. L. A2-- prtt\L4 p~ (X Exhibit A. 2PtyEPS4-9.doc Page 15 25-18 Exhibit A to Agreement between City of Chula Vista and Economic & Planning Systems, Inc. 1. Effective Date of Agreement: 3/12/04 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, Planning Division 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Economic & Planning Systems, Inc. 5. Business Form of Consultant: ) Sole Proprietorship ) Partnership X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 2501 Ninth Street, Suite 200 Berkeley, California, 94710-2515 Voice Phone (510) 841-9190 2PtyEPS4-9.doc Page 16 25-19 Fax Phone (510) 841-9208 7. General Duties: Consultant shall provide limited planning assistance for the General Plan Update, working on the Growth Management Element, all to the satisfaction of the City's Director of Planning & Building. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The Consultant shall: 1. Produce a White Paper a. Obtain, read and become familiar with a large body of information available through the City including, but not limited to, the Growth Management Ordinance, recent Annual Reports, other growth management background documents, the draft General Plan Elements currently under preparation, and information available regarding downtown development and redevelopment planning and projects. b. Conduct a minimum of 10 one hour interviews with City staff and other knowledgeable individuals. c. The White Paper shall: i. identify the key issues that have arisen as the existing Growth Management Ordinance has been implemented over the past 16 years; ii. contrast and compare other growth management approaches providing examples of how other jurisdictions around the Country engage in growth management have addressed similar issues; identify policy options; review all current growth management service standards with particular focus on urban vs. suburban service standards for schools, traffic, and parks; v. address the need and rationale for ~dual" standards (for older iii. iv. provide the performance urban areas 2PtyEPS4-9.doc Page 17 25-20 2 . 2PtyEPS4-9.doc anticipating redevelopment versus suburban new growth locations); vi. outline the possible policy changes within the growth management program needed to address the range of issues that have been identified; vii. provide examples of policy and the means for monitoring growth such as the current threshold standards as well as other options; viii. provide direction to subsequent technical work and program revisions; ix. include the delivery of a,formal presentation of the White Paper including illustrations of communities with similar problems and their solutions. d. In addition to previously identified interviews/meetings, Task 1 shall include three site visits with associated meetings, to include: Discussion of traffic related thresholds. To present the White Paper findings to the Management Team. To brief senior staff and elected officials (at multiple meetings) . a. The Consultant shall draft, with assistance from City staff, the Growth Management and Implementation Element of the Updated General Plan. With the objective that: i. the City's Growth Management Program is set firmly in the context of broader General Plan Goals, Policies, and proposed implementation actions; ii. the revised set of goals and policies will address overall direction for growth management and set the stage for reforms to implementing documents (e.g., the Growth Management Ordinance) and other implementation efforts; iii. changes, edits, and additions in the Page 18 25-21 Growth Management Program are based upon experience in other jurisdictions, the White Paper prepared in Task 3, comments received from City staff, and ongoing analysis of conditions in Chula Vista. iv. revíew, under the direction of the Contract Manager, the General Plan EIR technical analysis for the purpose of framing the EIR effort in a manner that provides an improved analysis of and a factual underpinning for the Growth Management element. 2. b. Task 2 will include 2 visits: A briefing of the General Plan Update Subcommittee on public Facilities and Services A presentation to the GPU Management Committee, senior staff and public officials. 3. Task 3, outline steps for assistance with implementation and redrafting of the Growth Management Ordinance. 4. Task 4, other work tasks related to though not specified in this contract as mutually agreed, on a time and materials basis, for an amount not to exceed $19,000. 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: Prepare Draft White Paper by March 26, 2004, with presentations as arranged as described under Task 1. Deliverable NO.2: Prepare Final Draft of the Growth Management Element by April 23, 2004, with presentations as arranged as described under Task 2. 2PtyEPS4-9.doc Page 19 25-22 Deliverable No.3: Outline steps for involvement in implementation program by April 23, 2004. D. Date for completion of all Consultant services: 09/31/2004 or until City accepts all work produced, whichever occurs later. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance, $lM per occurrence (X) Automobile Liability, $lM per accident () Employer's Liability Insurance coverage: $lM per accident (X) Commercial General Liability Insurance: $lM per occurrence (X) Errors and Omissions Insurance: $500K each occurrence, $lM policy aggregate 10. Materials required to be supplied by City to Consultant: Refer to item B.A.1.a 11. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $30,000 for deliverables 1-3 as described in paragraph B.C, to be billed monthly on a percent completion basis as determined by, or agreed to, by the Contract Manager. Any tasks assigned pursuant to the Paragraph 7, and Task 4 above, will be materials basis, described in paragraph Additional Services, compensated on a time and 11.C.l. 2PtyEPS4-9.doc Page 20 25-23 Milestone or Event or Deliverable Amount or Percent of Fixed Fee 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by 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. 2PtyEPS4-9.doc Page 21 25-24 Phase Fee for Said Phase 1 . $ 2 . $ 3 . $ 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that; at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans that must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required by Task 4, Exhibit A paragraph 8(a) (4), City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or 2PtyEPS4-9.doc Page 22 25-25 amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Services assigned pursuant to Exhibit A paragraph 8(a) (4)for the not to exceed amount of $ 19,000 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 Managing Principal Walter F. Kieser $235.00 Research Analyst Sarah Harris $80.00 2PtyEPS4-9.doc Page 23 25-26 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ Other Actual Identifiable Direct Costs: not to exceed $ , not to exceed $ 13·. Contract Administrators: City: Daniel W. Forster, Growth Management Coordinator, Advance Planning Section, Planning Division, 276 Fourth Avenue, Chula Vista, Ca 91910, 619-476-5348. Consultant: Walter F. Kieser, Managing Principal, EPS, 2501 Ninth Street, Suite 200, Berkeley, California, 94710-2515, (510) 841- 9190. 14. Liquidated Damages Rate: N/A $ per day. Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. 2PtyEPS4-9.doc Page 24 25-27 FPPC Filer Category No.1. Investments and sources of income. Category No.2. Interests in real property. 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 2PtyEPS4-9.doc Page 25 25-28 17. Permitted Subconsultants: None. 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( X) Monthly ( ) Quarterly ( ) Other: B. Billing: Day (X ( ( ( of the Period for submission ) First of the Month ) 15th Day of each Month ) End of the Month ) Other: of Consultant's C. City's Account Number: 19. Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ (X ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X Retention Percentage: 10 % ( Retention Amount: $ Retention Release Event: (X ) Completion of All Consultant Services ( ) Other: 2PtyEPS4-9.doc Page 26 25-29 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 Ann Moore City Attorney Dated: December 6, 2004 AMENDMENT TO THE TWO-PARTY AGREEMENT WITH ECONOMIC AND PLANNING SYSTEMS, INC. FOR CONSULTING SERVICES 25-30 FIRST AMENDMENT to the Agreement hetween the City of Chula Vista and Economic and Planning Systems, Inc. a California Corporation Recitals This Amendment is entered into effective as of December 14, 2004 by and between the City of Chula Vista ("City") and Economic and Planning Systems, Inc., a California Corporation ("Consultant"), with reference to the following facts: WHEREAS, City and Economic and Planning Systems, Inc.. (EPS) entered into an agreement on May 21, 2004 whereby the consultant was to provide professiollal planning services to City, focusing on updating the City's Growth Management element and ordinance; and WHEREAS, anticipating the successful update of the Growth Management Element, the next task is to finalize the Growth Management Ordinance and revise the Growth Management Program Document accordingly; and WHEREAS, Consultant has extensive growth management knowledge and of the Chula Vista growth management program, has proven expertise and commitment, is efficient and flexible in their work efforts, and has performed satisfactorily in Original Agreement; and WHEREAS, maintaining the same consultant to assist in the preparation of the Growth Management Ordinance and Program Document as assisted in the Growth Management Element and Ordinance provides for continuity of direction and creates an efficiency; and WHEREAS, City staff is recommending the City Council of the City of Cbula Vista waive the formal consultant selection process since this work is a natural extension of previous work and it would be impractical to solicit formal proposals; and NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, City and Consultant agree as follows: 1. Exhibit A, Section 7 of the Original Agreement, entitled General Duties is amended to read as follows: Provide professional planning services to City in the update of City's Growth Management Program Document, focusing on Program Implementation and Administration, all to the satisfaction of the Director of Planning and Building. I 2. Exhibit A, Section 8.A. oftheP.ri.,g!I!~_~gr~"J!l~tL"l!tit!eß_I)"Í!'~I"<!§~~p'e_~t:'!v:o!~,_~__--1 D.leted'on....' hereby amended to read as follows: 5. Task 5 - Establish Direction for Growth Management Program, preparation of a Growth Management Program Report Outline and Issue Paper. This Paper will EPS First Amendment Page 1 of4 25-31 summarize the issues in regard to the updated Growth Management Element that wiII need to be reflected in the ordinance. In addition, there wiII be an assessment of the present and possible additional quality of life thresholds and how they are measured. In a paraIIel fashion the paper wiII highlight how these changes/additions wiII need to be reflected in an updated Growth Management Program document. Changes include technical advances, policy considerations, inter-governmental affairs, the revised Threshold Standards, and how growth management relates to the broader concerns of maintaining the quality of life in Chula Vista. The Outline and Issue Paper wiII be discussed with the GMOC as a part of their regular meetings. Staff and Consultant wiII seek direction !Tom the Commission on the key issues raised. 6. Task 6 - Finalize research and development of appropriate quality of life indicators and measurement mechanisms. A key aspect of this effort wiII be the identification of how the Growth Management Thresholds and Prognnn wiII respond to the changing nature of Chula Vista development !Tom being aJmost exclusively in the eastern territories to one where there is also an emphasis upon urban infiII and intensification in westem Chula Vista. The research and analysis required wiII engage City staff, relevant outside agencies, and the Consultant in a cooperative effort. Insofar as individual operating departments have a role in the Program (e.g. traffic monitoring) they wiII be enlisted to assist with specific technical efforts and establishing protocols and procedures. 7. Task 7 - Prepare the Growth Management Ordinance and Program, given the policy direction provided by City Council and the GMOC and the results of research and analysis,· the Consultant, in cooperation with City staff, wiII assemble an Administrative Draft Growth Management Ordinance and Program Report. This Draft Report wiII be presented to the GMOC for their review and comment. FoIIowing a first round of review and subsequent edits and additions a Public Review Draft Report wiII be prepared for public distribution and comment including a community workshop. It is expected that members of the development community and other interested organizations wiII be solicited to comment upon the Draft Report. FoIIowing another round of subsequent edits and additions a Final Draft Report wiII be prepared for recommendation by the GMOC for adoption by the City Council. The Consultant wiII be available and participate in the required meetings with the GMOC, the public, and the Council as a part of this Draft Report review process. 3. Exhibit A, Section 8.C. of the Original Agreement, entitled Dates or Time Limits for Delivery ofDeliverables, is hereby amended to read as foIIows: Deliverable No.3: Task 5 preparation ofa Growth Management Program Report Outline and Issue Paper, by February 2005, with presentations as arranged as described under Task 5. Deliverable No.4: Task 6 assembling documentation and conducting research and analysis, on-going through May 2005. EPS First Amendment Page 2 cf4 25-32 ,-----_.__.._-"..._-----~-~-- Deliverable No.5: Task 7 preparation of the draft Growth Management Ordinance and Program and related presentations, on-going through May 2005 . 4. Exhibit A, Section 8.D. of the Original Agreement, entitled Date for completion of all Consultant services, is hereby amended to read as follows: 06/30/2005 5. Exhibit A, Section 11.A of the Original Agreement, entitled Single Fixed Fee Arrangement, is hereby amended to read as follows: SinŒle Fixed Fee Amount: $ 60.000 6. Except as herein provided, all other provisions of the Original Agreement shall remain in full force and effect. EPS First Amendment Page 3 of 4 25-33 SIGNATURE PAGE TO FrnBT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ECONOMIC AND PLANNING SYSTEMS, INC, A CALIFORNIA CORPORATION. IN WITNESS WHEREOF, City and Consultant have executed tbis First Amendment to tbe Agreement tbereby indicating tbat tbey have read and understood same, and indicate tbeir full and complete consent to its terms: City of Chula Vista by: John Coggins, Purchasing Agent Approved as to form: Ann Moore, City Attomey Dated: Economic and Planning Systems, me. ÇJ~vU0'((~6~ BJtJ J--~( \/ . Walt& F. Kieser, Managing Principal Dated: I ~! D 8 JD 1 H:\PlamringIDanF\EPS Amend r<:citals.doc BPS First Amendment Pagc4of4 25-34 RESOLUTION NO. RESOLUTION OF THE CHULA VISTA CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ECONOMIC AND PLANNING SYSTEMS, INC. FOR CONSULTING SERVICES, WAIVING THE FORMAL CONSULTANT SELECTION PROCESS, AND AUTHORIZING THE PURCHASING AGENT TO EXECUTE SAID AMENDMENT. WHEREAS, City and Economic and Planning Systems, Inc. (EPS) entered into an agreement on May 21,2004 whereby the consultant was to provide professional planning services to City, focusing on updating the City's Growth Management element and ordinance; and WHEREAS, anticipating the successful update of the Growth Management Element and Ordinance the next task is to revise the Growth Management Program Document accordingly; and WHEREAS, Consultant has extensive growth management knowledge and of the Chula Vista growth management program, has proven expertise and commitment, is efficient and flexible in their work efforts, and has performed satisfactorily in Original Agreement; and WHEREAS, maintaining the same consultant that assisted in the Growth Management Element and Ordinance to assist in the preparation of the Growth Management Program Document provides for continuity of direction and creates an efficiency; and WHEREAS, City staff is recommending the City Council of the City of Chula Vista waive the formal consultant selection process since this work is a natural extension of previous work and it would be impractical to solicit formal proposals; and NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City of Chula Vista does hereby approve the Amendment to the two-party agreement with EPS, waive the formal consultant selection process, and authorize the Purchasing Agent to execute said Amendment. Presented by Approved as to form ~J. S uv-hv ~VL /JJÞ¡ 1- J. . Sandoval f Director of Planning and Building h'1 f H:\PlanninglDanFìEPS Amend 1 Reso.doc 25-35 " ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item: ~b Meeting Date: 12/14/2004 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2005 BUDGET BY TRANSFERRING THE EMERGENCY MANAGEMENT FUNCTION AND ASSOCIATED PERSONNEL AND BUDGET FROM THE FIRE DEPARTMENT TO THE MANAGEMENT AND INFORMATION SERVICES DEPARTMENT Direc:~agement & Information service~ Fire Cry" Glv City Manager jt' 9'?:'" (4/5ths Vote: Yes X No_> In order to more effectively manage disaster preparedness citywide, effectively coordinate the Emergency Operation Center (EOC), manage the EOC staff and meet the guidelines of the Fire Department's recently-completed strategic plan, it is recommended that responsibility for the city's emergency operations be transferred from the Fire Department to the Management & Information Services Department, transferring the associated staff and budget. During the past few years, good progress has been made to enhance the City's EOC and related training programs. It is anticipated that with the increased federal focus on homeland security and corresponding increases in grant opportunities, a centralized department that envelopes police, fire, communications and technology would further enhance disaster preparedness, providing optimal coordination and funding opportunities. After reviewing the City's disaster preparedness program, and the status of the EOC, it appears that Management and Information Services is best positioned to take on this role. RECOMMENDATION That the City Council amend the FY 2005 budget by transferring management for disaster preparedness from the Fire Department to the Management and Information Services Department and transfer the Disaster Preparedness Manager and $59,686 in personnel services and $3,050 in supplies and services, effective December 10, 2004. ~b-/ J±£~ ~(., BOARDS/COMMISSIONS RECOMMENDATION: N/A As a division of the Fire Department, disaster preparedness provided training, coordination and consultation services to the community, businesses, and City employees to mitigate, respond to and recover from natural and human-caused disasters. The recently completed Fire Department Strategic plan recommended that disaster preparedness be transferred from the Fire Department to a more centralized department. This recommendation was formulated after assessing all services provided by the Fire Department and completing an assessment of optimal service delivery to the customer. Many of the services provided by the Office of Emergency Management have citywide impact and require internal and external citywide training and coordination. Services include: · Emergency Operations Center · Disaster preparedness plans and coordination (including Weapons of Mass Destruction) · Hazard mitigation plans and coordination · Citywide and inter-agency disaster response plans · City Emergency Response Team (CERT) recruitments · Community Emergency Response Team training sessions · City staff emergency management training sessions · Community education presentations · Public training sessions · Customer information responses · Disaster Communication Coordination · Disaster software procurements · Disaster software training sessions Many cities have established Homeland Security Departments, independent of their Fire and/or Police Departments. This effort ensures that Disaster Preparedness Services are provided in a consistent manner according to citywide priorities. Additionally, centralization better positions cities to compete for grant funding and have a formal say in regional plans/strategies, for example: · Significant funding is anticipated as part of the Federal and State's Homeland Security Funding over the next few years requiring coordination of all first responders, including Police, Fire, Public Works, health agencies, emergency medical providers, the County and other area and regional groups. The grant funds are to be used for specific personnel protective equipment, devices and training. Establishing baseline requirements and allocation of resources to all parties involved requires significant neutral coordination based on citywide needs and priorities and a coordinated strategy to deal with natural and human-made disasters citywide. .2& -2.. .._.._".._-_._......._._._,_.._--,.,--~ ~:~ · Moving this line of business to a neutral location minimizes potential conflict among departments and improves the overall emergency readiness and service to our customer - the resident's of the City of Chula Vista. Transfer of this line of business will result in better enforcement of emergency preparedness training requirements. It is very difficult for one operating department to hold another department accountable or mandate training. · While everyone recognizes the importance of disaster preparedness, funding programs of this nature within a department budget is difficult as centralized programs rarely compete favorably compared to mission- oriented department priorities. The City of Chula Vista hired an Emergency Operations Manager to coordinate the activities to establish an EOC in the City of Chula Vista, ensure that the appropriate staff are trained in the functions and duties of the EOC and to help ensure that the City of Chula Vista is prepared in case of an emergency. During the past few years staff has made good progress toward this end and has implemented the following: · Set aside a portion of the old Police facility for use as the primary EOC, until the completion of the final phase of the City Hall remodeling at which time a permanent location will be found. · The primary EOC will be fully equipped with computers, fax machines, printers, projectors and other equipment as identified by the EOC manager and other City staff to be sure the EOC can be operational quickly in an emergency. Several steps need to be done to complete this item but this portion is about 90% complete. · The Public Works facility at 1800 Maxwell Road has been selected as a secondary EOC location in case the primary location is not functional or feasible during an emergency. · Currently determining an equipment plan for the backup EOC location considering several factors including the need to use space that is already being utilized for other functions. In the coming months, staff will find a permanent location for the EOC, once the old Police facility is remodeled and used for staff. In addition, staff will be trained in the use of the current primary and secondary EOC locations. A plan will also be developed to ensure ongoing training for key staff, coordination among various other County and State agencies as well as other major tasks. FISCAL IMPACT There is no fiscal impact from this action - staffing and budget will just be transferred from the Fire Department to the MIS Department. ~r; ~3 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 2005 BUDGET BY TRANSFERRING THE EMERGENCY MANAGEMENT FUNCTION AND ASSOCIATED PERSONNEL AND BUDGET FROM THE FIRE DEPARTMENT TO THE MANAGEMENT AND INFORMATION SERVICES DEPARTMENT WHEREAS, In order to more effectively manage disaster preparedness citywide, effectively coordinate the Emergency Operation Center (EOC), manage the EOC staff and meet the guidelines of the Fire Department's recently-completed strategic plan, it is recommended that responsibility for the city's emergency operations be transferred from the Fire Department to the Management & Information Services Department, transferring the associated staff and budget; WHEREAS, During the past few years, good progress has been made to enhance the City's EOC and related training programs; WHEREAS, It is anticipated that with the increased federal focus on homeland security and corresponding increases in grant opportunities, a centralized department that envelopes police, fire, communications and technology would further enhance disaster preparedness, providing optimal coordination and funding opportunities; WHEREAS, After reviewing the City's disaster preparedness program, and the status of the EOC, it appears that Management and Information Services is best positioned to take on this role; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby amend the FY 2005 budget by transferring management for disaster preparedness from the Fire Department to the Management and Information Services Department and transfer the Disaster Preparedness Manager and $59,686 in personnel services and $3,050 in supplies and services, effective December 10, 2004. Presented by: ~~A. -e.'{f Fire C let" / ~ c...-v0 and Information -Z(; -'I ITEM NO. 27 CONSIDERATION OF ADOPTION OF AN ORDINANCE TO ALLOCATE ADEQUATE STORAGE SPACE FOR THE SEPARATION AND TEMPORARY STORAGE OF RECYCLABES AND SOLID WASTE IN DEVELOPMENT PROJECTS STAFF RECOMMENDATION: COUNCIL CONTINUE THE PUBLIC HEARING TO JANUARY 18, 2005 COUNCIL AGENDA STATEMENT Item ~ Meeting Date DAr.AmhAr 14,,2004 ITEM TITLE: PUBLIC HEARING: Regarding the Proposed Assessment of Certain Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Placement of Delinquent Charges on the Next Regular Tax Bill for Collection RESOLUTION No. Assessing Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Owner Occupied Parcels of Land and Approving Placement of Delinquent Charges on the Next Regular Tax Bill SUBMITTED BY: Director of FinancefTreasur~ REVIEWED BY: City Manag~.,.,j)('" (4/5ths Vote: Yes _NoL) In order to adequately protect the City's interest in delinquent sewer service charges and insure that collection efforts are directed towards the responsible property owner in the event of a change in ownership, staff is recommending approval for liens against affected properties as a preliminary action to replacing the delinquencies on the property tax rolls if they remain unpaid. Adoption of this resolution will enhance the collection process for delinquent sewer service charges by ensuring that the correct property owners are charged. and that payment be received on a more timely basis. This is the identical process approved by City Council since August 1998. RECOMMENDATION: That Council open the public hearing to consider assessing delinquent sewer service charges as recorded liens on the affected properties, consider all testimony and adopt the resolution overruling all protests and assessing these charges as liens upon the respective owner occupied parcels of land. BOARDSICOMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bills for collection. The ordinance states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over sixty days delinquent. At the hearing the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council, may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council. Lastly, the City .¿p-i Page 2, Item.. .~ ~ Meeting Date December 14, 2004 Council adopts a resolution assessing such amounts as liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bil.1. Because charges can only be submitted for placement on the property tax bills once a year in August, staff is recommending assessing liens on the affected properties midyear as to better ensure the City's chances for collection. If the City were to address these delinquent charges only once a year in August, the effectiveness of using the property tax bill as a means of collection would be significantly reduced as the owners of record in August would not necessarily be the people responsible for the delinquent charges. In cases where the properties are sold or transferred, assessing liens midyear holds the correct parties responsible for the delinquent charges. In cases where the property owners choose to refinance their mortgages, the midyear liens would ensure the City receiving payment in a more timely manner as the delinquent charges would be paid through escrow during the refinancing process. In July 2004, City Council approved liens for 128 delinquent sewer service accounts valued at $51,300 to be forwarded to the County for collection on the next regular property tax bill. Staff has currently identified 188 owner occupied accounts totaling $45,900 as being over 60 days delinquent (listing available at the City Clerk's office). Many of these property owners have gone through this lien process previously as they continue to leave their sewer service accounts unpaid. These property owners have been notified of their delinquencies, and last month, they were notified of the public hearing and were asked again to pay their delinquent sewer service charges to avoid a lien being placed on their property. Payment arrangements will be set up as needed, and staff will continue to update this list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration as soon as all payments are recorded. Staff is recommending that the City Council approve the final list of delinquent sewer accounts as submitted, and that these charges be forwarded to the County and assessed as liens on the respective owner occupied parcels of land and ultimately placed on the next regular tax bill for collection. FISCAL IMPACT: By placing delinquent sewer service charges on the property owner's regular tax bill, $62,000 in additional sewer fund revenues were collected in FY03-04. For FY04-05, an estimated $64,000 in additional revenues should be realized using this collection method. _)];-.2 RESOLUTION NO.2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE OWNER OCCUPIED PARCELS OF LAND AND APPROVING PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR TAX BILL WHEREAS, Chula Vista Municipal Code Section 13.14.150 allows for delinquent sewer service accounts to become a lien upon the affected property served and also charged to the property owner on the next regular tax bill as a special assessment; and WHEREAS, the ordinance states that upon notifi¡;;ation of the property owners, a public hearing may be set for sewer service accounts which are over sixty (60) days delinquent at which time the City Council is to consider the accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts as submitted or as modified or corrected by the City Council; and WHEREAS, these property owners have been notified of their delinquencies, and of the public hearing, and asked to pay the delinquent sewer service charges prior to said hearing to avoid property liens; and WHEREAS, staff is recommending that the City Council approve the final listing of delinquent sewer service accounts as submitted and that these charges be forwarded to the County Assessor/Recorder/Clerk (hereinafter "County") for recordation as a lien and placement on the next regular tax bill for collection; and WHEREAS, the City Council held the required public hearing on December 14, 2Q04, and considered any and all protests and objections presented. NOW, THEREFORE, BE IT RESOLVED the City Councii of the City of Chula Vista does hereby: (1) overrule any and all protests or objections presented at the public hearing; and (2) approve, with respect to the delinquent account list presented by staff and on file in the office of the City Clerk, assessing delinquent sewer service charges as recorded liens upon the respective owner occupied parcels of land and the placement of such delinquent charges on the next corresponding regular tax bill, unless cleared prior to transmittal of the delinquent account list to the County. Presented by Approved as to form by ~ ~..!4- Maria Kachadoorian Director of Finance Ann Moore City Attorney J:\attomey\reso\sewer\Sewerde1inquencies 1214 04.doc e:2J~ 3 COUNCIL AGENDA STATEMENT '""e'> Item """'I Meeting Date 12/14/04 ITEM TITLE: Public Hearing to consider the City's intent to vacate the pedestrian easement located within 624 Mariposa Circle (APN: 639-682-31-00) Resolution ordering the vacation of the pedestrian easement located within 624 Mariposa Circle (APN: 639-682-31-00) Director of General Services/City Engineer ~ City Manageíf-{ (4/5ths Vote: Yes: _No:...xJ The City of Chula Vista is considering vacating a 6-foot wide pedestrian easement located within 624 Mariposa Circle (APN: 639-682-31-00). The aforementioned pedestrian easement does not provide access to a public street as originally intended, but dead ends at the adjacent private property located at 505 East Naples Street. In accordance with Part 3, Chapter 3 of the California Streets and Highways Code, Council adopted the Resolution of Intention No. 2004- 354 setting a public hearing for December 14, 2004 at 6:00 p.m. in the Council Chambers to consider the vacation of the pedestrian easement. In order to vacate, Council must adopt a resolution ordering the vacation of the easement. SUBMITTED BY: REVIEWED BY: RECOMMENDATION: That Council hold the subject public hearing and adopt a resolution ordering the vacation of the pedestrian easement located within 624 Mariposa Circle (APN: 639- 682-31-00). BOARDS/COMMISSIONS RECOMMENDATIONS: City staff presented this item to the Safety Commission on September 16,2004. The Committee recommended vacating the 6-foot wide pedestrian easement located within 624 Mariposa Circle (see Exhibit A for the excerpt from the 9/16/04 Safety Commission Meeting). DISCUSSION: On April 15, 2004, the City of Chula Vista received a letter from a resident of Mariposa Circle voicing his concern about the conditions of the partial pedestrian path located between 624 and 626 Mariposa Circle. For the location of the existing partial pedestrian path and pictures of the site, please refer to the attached Exhibits B and C. As part of the original Lócdel Estates subdivision, the 6-foot wide pedestrian easement was granted to the City of Chula Vista back in 1972 to enable pedestrian access from Mariposa Circle to East Naples Street and to Greg Rogers Elementary School. At that time, it was the City's intention to pursue an easement from the Bayview Orthodox Presbyterian Church. The próperty ~9-/ _____..._.___.__ _~,__.__...___~__._~.·M_ Page 2, Item ..;;)C:,,! Meeting Date 12/14/04 of the church is to the south of 624 Mariposa Circle and located at 505 East Naples Street, APN: 639-160-26-00. The pedestrian easement was never granted across the church's property. The limits of the 6-foot wide pedestrian easement are from the right-of-way of Mariposa Circle south approximately 90 feet to the northerly property line of the parcel located at 505 East Naples Street, APN: 639-160-26-00 (see Exhibit D for Map No. 7333 showing the limits of the easement). The City of Chula Vista's easement rights are only within the residential parcel at 624 Mariposa Circle and end at the northerly property line of the church's parcel. City staff has verified the lack of an easement on the property of the church per the title report prepared by the LandAmerica Commonwealth Company, dated August 27, 2004. As it exists today, the southerly limits of the pedestrian easement are denoted with metal bollards. These metal bollards do not impede access to the back portion of the church's property. The access makes it difficult for the personnel to keep control of the ingress/egress to the church's grounds during school hours and during the night. According to the Bayview Orthodox Presbyterian Church, the Covenant Christian School (located within the church's premises) and the property owner of 624 Mariposa Circle where the pedestrian easement is located, they have problems with vandalism, trespassing and littering on a continuous basis (see attached police report on calls for service for the property located at 505 East Naples Street-Exhibit E-). From conversations with the church and the school's personnel and correspondence received from the property owner (Exhibit F), City staff believes that all parties favor the option to vacate the 6-foot wide pedestrian easement and close off the partial pedestrian path. In addition to the safety of the children attending the church's school, City staff is concerned about the safety of the Greg Rogers School's students using the pedestrian easement since the mid-block location encourages trespassing onto the church's site and jaywalking across East Naples Street. The main concern is that the pedestrian path would terminate mid-block on East Naples Street; approximately 325 feet east of the East Naples Street/Oleander Avenue intersection and 460 feet (approximately) west of the East Naples StreetIFoxboro Avenue intersection. East Naples Street is a Class II Collector with an approximately 6,428 Average Daily Vehic1e Trips (ADT) as of 2002, designed for a minimum speed of 30 mph that is heavily traveled during peak hours. Most of this heavy traffic is generated by the school's pickup/drop- off of students. Furthermore, the pedestrian path that was projected in 1972 ends across from the parking lot of the Greg Rogers School and no current signage is in place to caution drivers of pedestrians crossing East Naples Street, making it an unsuitable place for a pedestrian crossing point. City staff spoke to the Principal of the Greg Rogers School, Mr. Larry Alvarado about the current situation of the pedestrian easement. Mr. Alvarado mentioned that the school is inclined to have an access point from Mariposa Circle all the way through the church's property, since five families with eight students that reside at the Mariposa Circle use the pedestrian easement to attend the school. Mr. Alvarado's concern is that if the pedestrian easement were to be closed, 29- .2. Page 3, Item ':>1 Meeting Date 12/14/04 students with residences at the Mariposa Circle would have to walk along Oleander Avenue, which according to Mr. Alvarado could be a dangerous route. Oleander Avenue is a Class III Collector, with an approximately 6,458 ADT (last surveyed on 2002) designed for a minimum speed of 30 mph. Staff has compared the following possible routes a resident of Mariposa Circle has to travel to the Greg Rogers School. The address analyzed was 636 Mariposa Circle, since this parcel will be the most inconvenienced by the closure of the pedestrian easement (for the possible routes, refer to Exhibit G): ODtion 1: UsinQ the MariDosa Circle Pedestrian Easement and JavwalkinQ across East NaDles Street AdvantaQe Traveling from 636 Mariposa Circle along the pedestrian easement, users only walk approximately 890 feet. Typical walking time is about 4 minutes. This is approximately 1,890 feet less than the longest route (Option 4). DisadvantaQe Using the pedestrian easement encourages jaywalking and trespassing of private property. The pedestrian easement leads into the back property of 505 East Naples Street (Bayview Orthodox Presbyterian Church's property). Often, pedestrians have to trespass the property and jump a fence fronting the church along East Naples Street. When pedestrians reach East Naples Street, they are approximately 325 feet east of the East Naples Street/Oleander A venue intersection and 460 feet (approximately) west of the East Naples StreetIFoxboro Avenue intersection and across of the driveway to Greg Rogers School. Currently, signage is not in place to caution drivers of crossing pedestrians making it a suitable place for a pedestrian/vehicle incident. For pedestrian counts, please refer to Exhibit H. ODtion 2: UsinQ the Marinosa Circle Pedestrian Easement. TuminQ East AlonQ East Nanles Street and CrossinQ at the East NaD]es StreetIFoxboro A venue Intersection AdvantaQe Traveling from 636 Mariposa Circle along the pedestrian easement and walking across the church's property, users only walk approximately 1,800 feet. Typical walking time is about 8 minutes. This is approximately 980 feet less than the longest route (Option 4). The East Naples Street/Foxboro Avenue intersection is an all-,way stop intersection where the school's safety patrol is located. DisadvantaQe There is potential for jaywalking and since the City does not have easement rights within 505 East Naples Street, there is trespassing of private property. Most likely, not all pedestrians will walk out of direction to use the East Naples StreetIFoxboro Avenue intersection, where a safety patrol is located. Using Option 2, a pedestrian will walk approximately 910 feet more than the ~~3 __".,.._,._._.....__.__.___....__~_..~._.___.___. m._______,·.___ Page 4, Item =') 1 Meeting Date 12/14/04 shortest route (Option 1). At present, the church has a gate along its southerly property line that impedes free access from Mariposa Circle to East Naples Street. Typically, if the gate is not open, pedestrians have to climb the gate to get to East Naples Street. Ovtion 3: Using: the Marinosa Circle Pedestrian Easement. Turning: West Along: East Nanles Street and Crossing: at the East NavIes Street/Oleander A venue Intersection Advantag:e Traveling from 636 Mariposa Circle along the pedestrian easement and walking across the church's property, users only walk approximately 1,540 feet. Typical walking time is about 7 minutes. This is approximately 1,240 feet less than the longest route (Option 4). The East Naples Street/ Oleander Avenue intersection is an all-way stop intersection where the school's safety patrol is located. Disadvantag:e Similar to Option 2, due to the out of direction travel, there is potential for jaywalking. Most likely, not all pedestrians will use the East Naples Street/Oleander Avenue intersection, where the safety patrol is located. Using Option 3, a pedestrian will have to walk approximately 650 feet, an additional 3 minutes more than shortest route (Option I). In addition to the safety concerns, the City does not have easement rights within the 505 East Naples Street property. At present, the church has a gate along its southerly property line that impedes free access from Mariposa Circle to East Naples Street. Typically, if the gate is not open, pedestrians have to climb the gate to get to East Naples Street. Ovtion 4: Traveling: along: Marivosa Circle and Oleander Avenue (Not Using: the Pedestrian Easement) Advantag:e No jaywalking and trespassing of private property are encouraged. It appears to be the safest route to the school, since although traveling along Oleander A venue, no streets need to be crossed until the Oleander A venue/East Naples Street, where the school's safety patrol will be located. In addition, the City does have a planned traffic signal for this intersection that will be installed by March 2005. Disadvantag:e A resident walking from 636 Mariposa Circle to the Greg Rogers School will have to travel 2,780 feet. Typical walking time is about 12 minutes. This is approximately 1,890 feet more (8 minutes longer) than the shortest route (Option I). CITY STAFF RECOMMENDATIONS: Taking into account the lack of easement rights within the property located at 505 East Naples Street (Bayview Orthodox Presbyterian Church), the consideration of the citizens' concerns and the safety of pedestrians, staff believes that the best action would be to vacate the pedestrian e27~« Page 5, Item d "ì Meeting Date 12/14/04 easement located within 624 Mariposa Circle. This action entails closing access to the pedestrian easement and removing the encumbrance on the residential property (624 Mariposa Circle), so that the existing easement can revert to a side yard. FISCAL IMPACT: None. Exhibits: A. Excerpt from Safety Commission Minutes of 9/16/04 B. Site Map C. Pictures of the Pedestrian Easement D. Map No. 7333 (Locdel Estates Unit No.2) E. Police Report (Calls for Service to 505 East Naples, Chula Vista) F. Letter to the City from the property owner of 624 Mariposa Circle G. Possible Routes of Travel H. Pedestrian Counts J:\Engineer\ADVPLAN\Citizen Request\Mariposa\A-113-Mariposa (Dee 14 Meeting).sh.doc FILE #: 0100-15-KY 157-02 ....2ý- ~ -.-., ~-,.~...__._-_.-._-,----'_._'---- Excerpt from 9/16/04 Safety Commission meeting. EXHIBIT A 7. Report on vacatinQ an easement for the partial pedestrian path located between 624 and 626 Mariposa Circle It was brought to City staff's attention that a pedestrian path located between 624 and 626 Mariposa Circle was subject to constant vandalism and for the past few years, has been closed off by the adjoining property owner. In addition, since this pedestrian path has not been granted across the adjoining church's property to the south, there was a greater concern about the pedestrian path's impact on the safety of the children attending the Covenant Christian School and the Greg Rogers School. Sr. Civil Engineer Nuhaily showed a Powerpoint presentation. He stated that staff has received two letters. The first letter received back in April requesting the closure of the pedestrian path and the second ietter from the resident of 624 Mariposa supporting staff's recommendation to vacate the easement. He also stated that the property owner of 624 Mariposa agrees with staff's recommendation. He clarified the City will not expend any funds to remove the wall on the property. This will be done by the property owner. He also clarified that if the Commission votes to accept staff recommendation, the easement will revert back to the property owner of 624 Mariposa. Staff Recommendaton: To vacate the 6-foot wide pedestrian easement between 624 and 626 Mariposa Circle. Public hearing opened. The following persons spoke in favor of staff's recommendation: 1. Ms. Joann Bonner, 626 Mariposa Circle, Chula Vista, CA 2. Chuck Teaman, 517 Kiley Road, Chula Vista, CA (representing Covenant Christian School) 3. Bill Adsit, 871 Verin Lane, Chula Vista, CA (representing Bayview Orthodox Presbyterian Church) Mr. Adsit submitted photos showing vandalism at the church. Public hearing closed. Commission Discussion: Commissioner AI-Ghafry asked if the property owner of 624 Mariposa has agreed to the vacation proceedings and if so, are there timelines/conditions they must meet. Mr. Nuhaily stated that the letter they received from the property owner was from out-of-state. They expressed support for staff's recommendation. He clarified that the easement will revert back to the property owner and what happens after that is up to the property owner. Commissioner AI-Ghafry asked as part of the vacation proceedings, à requirement be included that the property owner close off the frontage of the easement. Mr. Nuhaily stated that would be taken into account. Both Commissioners Perrett and Lopez agreed with Commissioner AI-Ghafry's suggestion. Commissioners Willett and Perrett stated they supported staff recommendation with Commissioner Perrett expressing concern about the ciosure of the front and back entrances. Chair White clarified that if. the easement is vacated all improvements will be borne by the property owner. Mr. Nuhaily stated that the suggestion to make the property improvement a condition of the easement vacation will be researched and if possible, included in the vacation proceedings. He again clarified that the City will not be responsible financially for any physical changes on that property. MSUC (Gove/AI-Ghafry) to vacate the 6-foot wide pedestrian easement between 624 and 626 Mariposa Circle and to include closing off the front entrance on Mariposa and the back entrance adjacent to the church property. (7-0) J:\EngineerlsafetyIExcerpt from 9-16-04 mtg.doc ~9-(" . N W*E EXHIBIT B ~'ft.. "" cnv OF CHUIA VISTA s NTS PEDESTRIAN EASEMENTWITHIN 624 MARIPOSA CIRCLE, CHULA VISTA, CA DRAWN BY: SH DATE: 10/08/04 e:29-? EXHIBIT C Pedestrian easement within 624 Mariposa Circle, Chula Vista, California. View of easement from Mariposa Circle looking south. 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'-'. 1.101 1:: I' ,~'... ~ .~;.- '\ \.~ J -t \ .""1'# _ ,'~W' :-t.. ..z:fS; .'; -- --: ~ t" .:;~~ M·-.~;~í .ß·,m~ ~d , -T- t I ~ ! · i lj,~~ I~, , " I ~~ [I 'tt ¡ :~.~~S¡. ;~"'~ ::) ~ ~ _: I ~~( ~ '(, "'C e8117 ¡¿·V'lN , Z 'ON AA3;i\~n'1J AtlJ Nn'JJ u ~ 4-7 "-~-""""--~--"--'--------"--- CALLS FOR SERVICE by LOCATION 01101/98 - 07/23/04 505 E Naples DATE AND TIME OF CALL APT/SUITE BURGLARY - COMMERCIAL = 3 10105/01 12:55 05/11/03 10:57 05/13/03 07:02 BURGLARY - UNDEFINED = 3 OS/24/99 11 :33 . 06/12/99 08:21 06/25/99 09:48 DOMESTIC VIOLENCE = 1 03/10/04 14:06 GRAFFITI = 4 04/08/02 11 :01 04/10/02 11:09 02/05/03 13:38 04/09/03 09: 17 PETTY THEFT = 1 09/14/00 21:15 TEMPORARY RESTRAINING ORDER VIOLATION = 1 12/05/00 15:31 VANDALISM = 2 06/04/02 09:03 12/08/02 14:40 SUSPICIOUS CIRCUMS = 2 04/07/00 07:29 08/10/02 03:47 SUSPICIOUS VEHICLE = 1 02/19/03 08:04 TOTAL POLICE RESPONSES: 18 Page -1 of·1 ØIIlørF E _OrD.. h..,Q.Il.Ç rim e ~~t.. PollclO Cepartm.nt CASE NO. INCIDENT DISPOSITION NO. 010020639 L175 CR 030008749 L109 CR 030008858 L61 CR 990008725 L114 RPT 990009859 L59 RPT 990010687 L85 RPT L208 CI 020006962 L106 CR 020007096 L161 CR 030002364 L175 CR 030006587 L84 CR 000016898 L251 RPT L180 ADV 020011038 L103 CR 020023758 L114 CR L60 OK L63 CI L77 CK Report Date: 7/23/2004 K:\USR\NancîP\Crystal\GROUPED CATEGORY CFS REPORTS\LOCATION.rpt Jp-/ () Sep 13 04 04:58p p.2 EXHIBIT F Douglas A. & SherTi L. Dreesen 1425 W Swan St. Springfield, MO 65807 September 13,2004 Rick Ryals, Real Property Manager 276 Fourth Ave. Chula Vista, CA 91910 Dear Mr. Ryals, Weare in support of the vacation of the pedestrian easement between 624 and 626 Mariposa Circle. We own the property at 624 Mariposa Circle and lived there for nearly ten years. We kept our home on Mariposa Circle while attending school in Missouri so we could return. The easement, from our observation, seemed to be used by youth older than elementary school age as much or more than it was used by kids going to Greg Rogers School. We regularly cleaned up trash from the easement and it was a frequent target of graffiti. We have had pornographic material and beer cans and bottles thrown in our yard, and have found used condoms in the school yard. Another disturhing area of concern is that the easement ends at the rear of a private school and provides an entry to the playground area. When the school has their front gates closed after school hours, on weekends, and during the summer, pedestrians using the walkway climb the fences to pass through. We believe the schooIs gates are a good thing, but the easement is not. These eJements are not new. The original owners of this property, Doug's parents Bob and Nancy Dreesen, had these same problems and areas of concern. We feel strongly that vacating the easement would benefit the whole neighborhood. Sincerely, ~~~. ·_..~·:c-.:~: ~ Doug and Sherri Dreesen ~-// __.._"_."_~..,.,_..~_._,__,~,___.___~__u EXHIBIT G ;¿ ...., ~ ¡¡j 901 N w*. -----' Greg Rogers School I ---- Option 1 (approx. 890') Option 2 (approx. 1,800') 636 Mariposa Circle ....... Option 3 (approx. 1,540') Option 4 (approx. 2,780') Greg Rogers School - Limit of Project ---- * + Possible Routes of Travel for the Pedestrian Path (Projected in 1972) between 624 & 626 Mariposa Circle ~'ft.. .. mY OF CHUIA VISTA DA E: 08/02/04 ~-/,.L . ~4 VIQ..W C-\¡uV"c}¡ A E^HIß\T H r . ,j , East Naples D B East Naples . - . c Greg Rogers school driveway PEDESTRIAN COUNTS ". DATE: 07/26/2004 LOCATION: East Naples - Greg Rogers School -. B&D JwaJk B&D J waJk J.1ME (AM) j walk- through j walk through 7:30-8:45 path school . path adult School Age age AdcltAge age 7:30-7:45 1 .- 7:45-8:00 3 3 8:00-8:15 2 6 8:15-8:30 3 6 . REMARKS: TIME (AM) 8:30-8:45 4 3 10 4 . TOTAL 13 3 25 4 c:¿9··/3 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF THE PEDESTRIAN EASEMENT LOCATED WITHIN 624 MARIPOSA CIRCLE (APN: 639-682-31-00) WHEREAS, the City of Chula Vista is considering the vacation of a six-foot wide pedestrian easement located within 624 Mariposa Circle (APN: 639-682-31-00), which was granted as part of the Locdel Estates subdivision in 1972; and WHEREAS, the purpose of the easement was to enable pedestrian access from Mariposa Circle to East Naples Street, and then on to Greg Rogers Elementary School; and WHEREAS, the aforementioned pedestrian easement does not provide access to a Naples Street as originally intended because another easement, which would have extended the easement across an adjacent property (505 East Naples Street), was never pursued by the City; and WHEREAS, the lack of an extending easement results in the termination of the existing pedestrian easement at the southern property boundary of 624 Mariposa Circle; and WHEREAS, nearby residents and the owner of 505 East Naples Street (a church) have complained of vandalism, trespassing and littering on a continuous basis; and WHEREAS, City staff is concemed about the safety of students at Greg Rogers Elementary who use the pedestrian easement because its mid-block location encourages trespassing on the church's property and jaywalking across East Naples Street; and WHEREAS, in accordance with Part 3, Chapter 3 of the California Streets and Highways Code (general vacation of a public service easement), the City Council, on November 9, 2004, Council adopted the Resolution of Intention No. 2004-354 setting a public hearing for December 14, 2004 at 6:00 p.m. in the City Council Chambers to consider the vacation of the pedestrian easement. NOW, THEREFORE, BE IT RESOLVED that after conducting the public hearing and considering the evidence submitted, the City Council finds that the six-foot wide pedestrian easement located within 624 Mariposa Circle (APN 639-682-31-00), more particularly described in Map 7333, LOCDEL ESTATES UNIT NO.2 (Exhibit A), is unnecessary for present or prospective public use. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista, in accordance with the finding made above, does hereby order the vacation of the six-foot wide pedestrian easement. 29--1'/ - -_._--~_.~_._~~~~~-----~ Resolution No. Page 2 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause a certified copy of the resolution of vacation, attested by the clerk under seal, to be recorded without acknowledgement, certificate of acknowledgement, or further proof, in the office of the County Recorder. Presented by Approved as to form by Vo.-.- -t. ~ Jack Griffin Director of General Services Ann Moore City Attorney \home\attomey\reso\easements\vacation general ped easement 624 Mariposa.doc ...2-9 .,/.5 COUNCIL AGENDA STATEMENT Item No.: 3c::.:J Meeting Date: 12/14/04 ITEM TITLE: PUBLIC HEARINGS: PCM 04-15A; Consideration of an amendment to the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan updating the Public Facilities Finance Plan and Air Quality Improvement Plan; and, PCS 05-02; Consideration of a Tentative Subdivision Map on 86.9 acres of the Otay Ranch Freeway Commercial SPA Plan; and, PCC 05-013; Consideration of a Conditional Use Permit for a multiplex movie theater in the Otay Ranch Freeway Commercial SPA Plan. Applicant: General Growth Properties, Inc. Resolution of the City Council of the City of Chula Vista approving an Amendment to the Otay Ranch Planning Area 12 Freeway Commercial Sectional Planning Area (SPA) Plan updating the Plan Public Facilities Finance Plan and Air Quality Improvement Plan. Resolution of the City Council of the City of Chula Vista approving a Tentative Subdivision Map on 86.9 acres of the Otay Ranch Freeway Commercial SPA Plan-Chula Vista Tract 05-02. Resolution of City Council of the City of Chula Vista approving a Conditional Use Permit for a Multiplex Movie Theater located in the Otay Ranch Freeway Commercial SPA Plan. REVIEWED BY: í.{f .. City Manager~.()' x ) SUBMITTED BY: Director of Planning and Building On September 14, 2004, the City Council approved amendments to the Freeway Commercial SPA Plan proposed by General Growth Properties. General Growth Properties has now applied to update the associated Public Facilities Finance Plan and Air Quality Improvement Plan. General Growth has also submitted the new Tentative Subdivision Map consisting of seven lots for freeway-oriented commercial uses on 86.9 acres of the Freeway Commercial SPA Plan. In 30-1 ~-) Page 2, Item: .:;, C Meeting Date: 1? /14104 addition, they have applied for approval of a Conditional Use Permit for a multiplex movie theater for up to 16 screens in an approximately 70,000 square foot building on Lot 6 of the proposed tentative map. The City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed proj ect was adequately covered in previously adopted Freeway Commercial SPA Plan Final EIR 04-02 and addendum to the Final EIR. Thus, no further environmental review or documentation is necessary. RECOMMENDATION: That the City Council adopt the: · Resolution approving an amendment to the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan updating the Public Facilities Finance Plan and Air Quality Improvement Plan. · Resolution approving a Tentative Subdivision Map on 86.9 acres of the Otay Ranch Freeway Commercial SPA Plan-Chula Vista Tract 05-02. · Resolution approving a Conditional Use Permit for a Multiplex Movie Theater in the Otay Ranch Freeway Commercial SPA Plan. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission held a public hearing on November 10,2004 to consider the Project. The Planning Commission voted 4-0-3 to recommend approval to the City Council of the amended Freeway Commercial SPA Plan, the Freeway Commercial tentative map CVT 05-02 and the Conditional Use Permit for the multiplex movie theater. BACKGROUND: In the spring of 2003, the City Council approved McMillin Companies' application for a SPA Plan on the Freeway Commercial portion of Plarming Area 12 in the Otay Ranch master plarmed community. Subsequent to the SPA Plan approval, McMillin requested approval of a tentative map on their 86 acres of the Freeway Commercial. The City Council approved the tentative map in March of2003. General Growth Properties is acquiring the site from McMillin Companies and processed a SPA Plan amendment, which was approved by the City Council on September 14, 2004. General Growth submitted a new tentative map and staff had the Public Facilities Finance Plan updated to analyze the new map. The Air Quality Improvement Plan (AQIP) is also being updated to reflect the proposed project. The AQIP recognizes General Growth's selection of the GreenStar Energy 30-2 Page 3, Item: 30 Meeting Date: 1? /14/04 conservation program. In addition, General Growth is requesting approval of a Conditional Use Permit for the movie theater multiplex. It is anticipated that the balance of the Freeway Commercial in Planning Area 12 owned by the Otay Ranch Company will be subdivided in the future. a. Fyi~tiT1E ~itp. rn;:1r;:lr.tP.Ti~ti~~ The Freeway Commercial site, located at the northeastern section of the Otay Valley Parcel of the Otay Ranch, consists of 132.9 acres of land characterized by fairly flat mesa tops and gently rolling hills. This tentative map is to subdivide the 86.9-acre FC-1 portion (McMillin ownership) in the southern area of the Freeway Commercial. Immediately north of the proposed tentative map is approximately 34 acres of Freeway Commercial land owned by the Otay Ranch Company. The EastLake Terraces project is located directly north of the Project across Olympic Parkway. Village Six is located to the west, separated by the future alignment of SR-125. Village 11 is located to the east across Eastlake Parkway; and the future Eastern Urban Center (EUC) is located to the south across future Birch Road. G""ffl'~l P1~n Zoning ~nn T ~nn n." The Otay Ranch GDP sets aside Planning Area 12 for large regional commercial retailers that are excluded from the Village Core's mixed-use areas. The GDP specifically designated Freeway Commercial as a land use category for regional retail uses, which require automobile access near regional transportation systems. City of Chula Vista zoning for the project area is Planned Community (PC). The Freeway Commercial SPA Plan Zoning District identifies the project area as FC and provides land use regulations, development standards and processing for the proposed subdivision. The PC District Regulations require a conditional use approved by the City Council for the movie theater multiplex. b. Propo."n PlRn SPA Plan Aml!ndmpnf' Public Facilities Finance Plan (PFFP) and Air Quality Improvement Plan (AQIP) The original SPA Plan approved in March of 2003 anticipated development of five phases with two phases on FC-2 (Otay Ranch Company) and three on FC-1 (McMillin Companies). The new tentative map proposes that the entire FC-l project be developed in one phase, so the PFFP has been updated to reflect just one phase for the General Growth project in·FC-1 and a second for Otay Ranch Company's FC-2 area. All street improvements for Town Center Drive, Eastlake Parkway and Birch Road will be completed with this first phase. All traffic signals will be installed and pedestrian connections to Village 11 and the EUC completed as part of this project. The improvements will all be completed prior to the opening of the shopping center. 30-3 Page 4, Item: 3e> Meeting Date: 1? /14104 Air Quality Improvement Plan When the original SPA Plan was approved in March of 2003, the City was in the process of updating the air quality standards and had a test program underway. Since the approval of the SPA Plan, the City has initiated the implementation of the updated standards and the Freeway Commercial SPA Plan AQIP needs to be updated to reflect current air quality programs. General Growth has selected to implement the GreenStar Program in the project. Under this program, they have committed to exceeding Title 24 Energy Efficient Standards by 10% on 50% of the project. In addition, the project will identify the specific building efficiency program to be used, the number of structures committed to participate and project features incorporated in the land use design to further conserve and reduce emissions and air pollutants prior to the issuance of building permits. Tpntntivp. Mnn . Land Use The Freeway Commercial's approved SPA allows a total of approximately 1,215,000 square feet of commercial development to be constructed in two phases on the entire 120-acre planning area. The proposed tentative map will subdivide the FC-1 area into seven parcels within a street network that also accommodates a transit line right-of-way, a transit station and a park and ride facility. This tentative map establishes subdivision of approximately 86.9 acres to accommodate up to 867,000 square feet of commercial development that will feature three department store anchors, a multiplex movie theater, restaurants, a book store, a specialty food market, sporting goods stores and a variety of smaller stores. Lot I of the proposed tentative map contains the "Main Street" area and the Park-and-Ride facility. The "Main Street" is a private drive that has on-street parking and a wide sidewalk with the smaller shops fronting on the street. These retailers will lease their shops from General Growth. Lots 2, 3 and 4 will contain the three anchor stores and their parking fields along with the multiplex theater. These lots will be sold to the commercial users. A reciprocal easement agreement is proposed for General Growth to maintain the landscaping and parking fields and drives with special enhancements. Lot 6 contains the landscape buffer between Eastlake Parkway and the Bus Rapid Transit (BRT) right-of-way. Lot 7 is the BRT right-of-way. The Freeway Commercial project does not have residential uses and will not generate a population in the area; therefore, it has no requirements to provide parks or recreation facilities. For the same reason, the tentative map for Planning Area 12 - Freeway Commercial (South) does not have a Community Purpose Facility obligation. Circulation Vehicular access to the lots in this tentative map is proposed from the following public streets: Olympic Parkway, EastLake Parkway, Birch Roàd and Town Center Drive. Two private full- 30-4 Page 5, Item: 2:::' Meeting Date: 17/14/04 access driveways are proposed off Birch Road, which also provides access to the Eastern Urban Center. Both of these access streets have dual left turn pockets from Birch Road into the shopping center. Full access off Eastlake Parkway is provided opposite Kestrel Fall in Village 11. This access becomes the "Main Street" in the shopping center with on-street parking and wide sidewalks along the storefronts. Dual left turn movements are also provided at this location from northbound Eastlake Parkway into the shopping center. The access from Olympic Parkway is provided by Town Center Drive, which extends south from the traffic signal at the entrance to the Eastlake Terraces shopping center. Two private access driveways will be located off Eastlake Parkway. Only right-in, right-out turning movements are allowed at these private driveways. Since these drives cross the BRT right-of-way, separate traffic signals are needed at the intersections, along with a deceleration/stacking lane on Eastlake Parkway. Internal circulation is provided by a private loop road around the perimeter of the center that connects with the drives off the arterials. The shopping center fronts on the "Main Street" running through the center of the project, and there are intemal driveways in a grid system to provide connections between the "Main Street" and the loop road. Consistent with the GDP policy to locate transit line rights-of-way and trolley stops/stations in the Freeway Commercial area, a transit station is sited on the "Main Street" at the project entry of Eastlake Parkway with park-and-ride facilities for 200 vehicles to be provided immediately north of the station. Grading Mass grading of the entire Freeway Commercial site is currently being accomplished under the original tentative map approved for the McMillin Companies. The proposed grading plan of this tentative map is designed to comply with the General Plan and Otay Ranch GDP policies for landform grading. The Freeway Commercial EIR 02-04 and addendum analyzed the grading on both the FC sites. McMillin Companies and the Otay Ranch Company have reached agreement on the grading of the entire Freeway Commercial site to one continuous pad from Olympic Parkway to Birch Road. rnndifinnnl r¡{¡p pprmitfnr thp. Multi...nlpy Mnvip. Thpnfpr In the original Freeway Commercial SPA Plan approval for McMillin Companies, the Plarmed Community District Regulations required a conditional use permit approved by the City Council for a movie theater in the Planning Area. This additional review and approval by the City Council was required to ensure that a market for movie theaters would still exist for the EUC if a theater was approved in the Freeway Commercial. At that time, the Freeway Commercial SPA Plan was being processed with the large format discount retailers, and it was believed by the City's economic consultant that allowing movie theaters in the project would be detrimental to the viability of the EUC. A movie theater and a restaurant row were seen as key components of 30-5 Page 6, Item: 2,(:) Meeting Date: 17/1 4/04 the pedestrian-oriented EUC. Now that the format of the Freeway Commercial has changed from the large discount retailer to the pedestrian-oriented fashion store format, the focus now shifts to ensuring a strong pedestrian connection between General Growth's Town Center project in the Freeway Commercial and the EUC. The concern on pedestrian orientation has been satisfied with the "Main Street" design proposed by General Growth. This connection will be provided along Street "C" at Birch Road. The traffic volumes on Birch Road drop as vehicle trips turn into the Freeway Commercial and EUC from 42,000 at SR-125 to 12,000 at Eastlake Parkway. Staff has proposed that the since the travel lanes are not needed between Street "C" and Eastlake Parkway, the lanes be reduced from six to four and a pedestrian refuge be provided in the median. This median refuge will provide an enhanced pedestrian experience and safety while crossing Birch Road. This design will protect the right-of-way in case the additional lanes are ever needed in the future. General Growth has applied for approval of the Conditional Use Permit for the multiplex theater to expedite the construction of the movie theater with the rest of the shopping center. They propose up to a 16 screen multiplex within a 70,000 square-foot building. This theater is projected to have a 5-mile service radius, and, while initially the support population is below the industry standard projected population, household incomes and prime movie going sector (35 to 65 year olds) exceed the composite norms for the industry. The project site is in the center of a growth corridor along SR-125. However, even at buildout of the Otay Ranch, there is a market for one multiplex theater in the Otay Ranch according to the applicant. Any additional theaters will have a specialized market segment such as art-house theater, which could fit very well within the EUC or University area. ANALYSIS: This tentative map proposes to subdivide the 86.9 areas of FC-1 into seven parcels for regional commercial retailers. Each lot has its own parking field and access points are sized to accommodate the projected traffic turning into the different parking fields. The reduced pedestrian travel distance across Birch Road will provide a stronger connection to the EUC and potential University to the south. . The tentative map is consistent with and implements the approved General Development Plan (as amended) and, more specially, the Planning Area 12 - Freeway Commercial SPA Plan policies. The tentative map lotting of the planning area is consistent with the land uses allowed in the PC District Regulations. CONCLUSION: The update to the PFFP analyzes the revised Freeway Commercial project proposed by General Growth and the AQIP has been updated to select the GreenStar conservation program. These two SPA amendments are consistent with the Otay Ranch GDP. Staff believes that the new proposed tentative map for Planning Area 12 - Freeway Commercial (South) is consistent with the Otay 30-6 Page 7, Item: .3(;) Meeting Date: I? /14/04 Ranch GDP and recommended Planning Area 12 - Freeway Commercial SPA policies and recommends approval of the tentative map subject to the Conditions of Approval (see Council Resolution, Exhibit 'B'). The City Attorney's office has reviewed the tentative map Conditions of Approval and believes that they meet the requirements of the Subdivision Map Act and have approved them as to form. With the revision to the SPA Plan proposed by General Growth and approved by the City Council, the character of the Freeway Commercial changes from a large discount retailer format to a pedestrian-oriented regional center with a "Main Street". The movie theater multiplex is consistent with this pedestrian-oriented design. The Otay Ranch GDP policies for Freeway Commercial indicate the area will consist of auto- oriented large-scale retail establishments. The proposal by General Growth to provide major retail stores instead of discount retail stores is consistent with the GDP policies for Freeway Commercial. The proposed amount of square footage is consistent with the approved SPA and that authorized by the GDP. Other GDP requirements, such as siting a transit station, are maintained in the SPA Plan. Staff is supportive of General Growth's proposal for a high quality retail project that is consistent with the Otay Ranch GDP policies. FISCAL IMP ACT: Processing costs for the SPA Plan are covered by the developer's deposit account under their processing agreement. Development of the SPA Plan area will generate positive net revenues for the City. Att::lr.hmAnt<:: L Locator Map 2. Public Facilities Finance Plan and Air Quality Improvement Plan 3. Tentative Subdivision Map (C.V.T. 03-11) 4. CUP Location Map 5. Draft Tentative Map Conditions of Approval 6. Planning Commission Resolutions PCM 04-1 SA 7. Planning Commission Resolutions PCS 05-02 8. Planning Commission Resolutions PCC 05-013 9. Planning Commission Minutes, 11/10/04 10. Disclosure Statement H:IPLANNINGlOtaLRanchlFrwLComm_SPA\General Growth\TMlFCml_SPA3M_CUP _ cc_ STFRPT.doc 30-7 ~.. §u~ §mllTiíD 1IIIIilllJD IIIIIIIITITTJ 11I111111I1111 11I1 I I I I I I 1 I IJ 111\1111111111 11111\11111 \ \J I1111 \ 1 \ 1111\\ ü ~~I;II 9B~¡j1E 8J bD~~~8J~¡¡¡ ~ ~sm~~8J Ii RI 1, Village 6 BJ ì~ ~(.J(Jt!~§ ?~~øfj ¡g A~ g¡: ------------- "' " .~ FC-2 , , , , , , , , , , , , , : : , , , , , , , , , f MumDlex ~ , , , , : , , , " ¡>CC.oS-13 \ : : ~.._~'-;-:-~ .--, ..-..- " " " " " " " " " " " " " : ;:.-----:.::.---------:--_..- , , , , " " :' ____ --" I ---- ---" ---- --- ' , : : : , , , ' '" '" I I ~ FC-l w '" => ~ => u. Birch Rd PROJECT LOCATION CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Freewar Commercial SPA Plan PROJECT DESCRIPTION: ø APPLICANT: Genera Growth Properties, Inc. MISCELLANEOUS PROJECT Eastlake Parkway Request Proposal for a SPA Amendment for a retaii deveiopment within ADDRESS: & Olympic Parkway the Olay Ranch Planning Area 12, Freeway Commercial site. Tentative SCALE: FILE NUMBER: Subdivision Map and Condtional Use Pennit for movie theater. NORTH No Scale PCM-04-15A Related Cases: PCS-05-02, PCC-05-13 ATTACHMENT 1 J:\planmnç¡\carlos\locators\pcm0415a.cdr 11.17.04 CUP Location Map Proposed MultiplexTheater _ CUP Location EastLake Village 6 It> '" .... , 0: (I¡ ~'Y11J / f ~.Ic~ F "- i /' . - C , ':, Conceptual ~ / f Theater [IT : : Location : - , , .... I I " 1 1 :lit" 1 I (Ð , . . Village 11 1<.O~Òf' foIlS Birch R . ¡ r Eastern Urban Center ~~ . . ~t!~ Freeway Commercial ~ 01Y Of ŒIUI.A VISrA OTAY RANCH 30-9 Clnti Land Planning iÞor~~;"-1 m . 201 4011 ..U g},5X).4 ATTACHMENT 4 EXHIBIT B GENERAL/ PRELIMINARY 1. The following conditions of approval are based upon the project having one Final Map for the entire subdivision, which shall be referenced hereinafter as "Final Map". Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the Final Map. (Engineering) 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". "Owners" refers to the property owners whose land is contained in the Freeway Commercial SPA Plan. "Project" shall mean the amendment to the Planning Area 12-Freeway Commercial Sectional Planning Area (SPA) Plan. The conditions of approval applicable to the Applicant contained herein supersede previous SPA plan conditions approved by the City Council on April 1, 2003. (Engineering Planning & Building) 3. Applicant shall comply, remain in compliance, and implement the terms, conditions and provisions, as are applicable to the Property of: I) Otay Ranch General Development Plan (GDP); 2) Freeway Commercial Sectional Planning Area (SPA) Plan (as amended); 3) Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04 and addendum to EIR 02-04; 4) Freeway Commercial Public Facilities Financing Plan approved by the City Council on November 9, 2004 and the Freeway Commercial Plarmed Community District Regulation and Land Use Map approved by City Council Ordinance No. 2977 on September 21, 2004. The Applicant shall enter 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 to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the Final Map, the Applicant will continue to comply, remain in compliance, and implement such Plans. (Planning & Building) 4. Applicant shall submit and obtain the approval of the City of a Final Map containing the entire Project's area showing lots corresponding to the lots on the Tentative Map. Said Final Map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the lots created by this Final Map. All lots created by this Final Map shall have access or be provided an access easement to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the Final Map. (Engineering) 5. In the event of a filing of a Final Map which requires oversizing of the improvements necessary to serve other properties, said Final Map shall be required to include the installation of all necessary improvements to serve the project, plus the necessary improvements for oversizing of facilities required to serve such other properties. At the request of Applicant, City shall consider formation of a reimbursement district or any other reimbursement mechanism in accordance with the restrictions of State Law and City ordinances. (Engineering) Attachment 5 30-10 6. If Applicant desires to do certain work on the property after approval of the Tentative Map, but prior to recordation of the applicable Final Map, he may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., grading or improvement plans) will be approved. All work performed by the Applicant prior to approval of the applicable Final Map shall be at Applicant's own risk. Prior to issuance of a grading and/or construction permit, the Applicant shall acknowledge in writing that subsequent submittals (i.e., grading or improvement plans) may require extensive changes, at Applicants cost, to work done under such early permit. Prior to the issuance of a permit, the Applicant shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable Final Map does not record (Engineering) 7. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all administrative approvals to which the term, covenant, or condition applies, including issuance of building permits; deny, or further condition the subsequent approvals that are derived from the approvals herein granted; institute and prosecute litigation to compel compliance with said conditions and/or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given an opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. (Engineering, Planning & Building) 8. Applicant shall indemnifY, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including reasonable attorney's fees, arising from challenges to to environmental review for the "Project." Applicant and Owners shall indemnifY, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including reasonable attorney's fees, arising from challenges to entitlements and approvals issued by the City in connection with the Project. (Engineering, Environmental, Planning & Building) 9. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. (City Attorney) 10. The subsequent development of a parcel which does not require the filing of a subsequent Final Map shall meet, prior to issuance of a building permit for that parcel, all the applicable conditions of approval of the Tentative Map Conditions, as determined by the City Engineer and Director of Planning and Building. (Planning and Building, Engineering) 11. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. 12. The applicant shall comply with all applicable Freeway Commercial SPA conditions of approval, (PCM 04-15) as may be amended from time to time. (Planning and Building) 30-11 13. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). (Planning and Building) 14. Prior to approval of the Final Map, Applicant shall submit and obtain approval of a revised Otay Ranch Plarming Area 12IFreeway Commercial (C.V.T. 05-02) Maintenance Responsibility Map for the Project from the Director of Planning and Building and the City Engineer, which shall include delineation of private and public property. A digital copy of the Maintenance Responsibility Map shall be submitted to the City prior to approval of said Final Map to the satisfaction of the City Engineer. (Planning and Building, Engineering) 15. Prior to approval of the applicable site plan by the Design Review Committee, Applicant shall demonstrate to the satisfaction of the City Engineer and Director of Planning and Building that the proposed site plan design incorporates the following features: I. All right in/out locations provide for straight through circulation without the blocking of any parking spaces; and 2. Ensure that internal circulation willlirnit vehicular egress at the right inlright out access proposed along EastLake Parkway to the satisfaction of the City Engineer. ENVIRONMENT AL/PRESERV AnON 16. The Applicant shall comply with all applicable requirements of the California State Water Resources Quality Control Board. (Planning and Building) 17. Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04) and addendum. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Plarming and Building. (Planning & Building) 18. Applicant shall comply with all applicable requirements of the Califomia Department of Fish and Game, the Califomia State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Applicant shall comply with all applicable requirements prescribed in the Otay Ranch GDPIFreeway Commercial Environmental Impact Report EIR 02-04 (SCH #1989010154), and Mitigation Monitoring and Reporting Program. If any permits are required to be obtained by Applicant, Applicant shall obtain said permits with applicable agencies in consultation with the City. Applicant shall obtain said permits with applicable agencies in consultation with the City. 19. The Applicant shall comply with the take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, and comply with the approved City of Chula Vista MSCP Subarea Plan. (Planning and Building) 20. Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4, 1996, and 30-12 as may be amended from time to time by the City. (Planning and Building) 21. The applicant shall comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996, as may be amended from time to time. (Planning and Building) 22. Simultaneously with conveyance of land to the Preserve Owner/Manager (p0M) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas carmot access the land being conveyed. (Planning and Building) 23. Prior to the approval of the Final Map for the Project, the Applicant must demonstrate to the satisfaction of the City Engineer and the Director of Plarming and Building that the entire Project has been armexed into C.F.D. 97-02 for the maintenance, management, and monitoring of the Otay Ranch Preserve per the requirements of the Otay Ranch Resource Management Plan (RMP), Phase 2. (Engineering, Planning and Building) 24. The Applicant and Owners shall convey fee title, or upon the consent of the Preserve Owner/Manager (p0M) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant and Owners shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination carmot be obtained, the Applicant and Owners shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each Tentative Map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant and Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to convey land to the Preserve. The Applicant and Owners shall maintain and manage the offered conveyance parcel consistent with the Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance parcel. (Planning and Building) SUBDIVISION DESIGN 25. Prior to the issuance of any rough grading permit proposing to grade individual lots and/or public streets for the Project, Applicant shall submit a study showing that all curb returns for any intersection proposed to have centerline grades in excess of four percent, located within the permit boundaries comply with ADA standards at the front and back of sidewalks to the satisfaction of the City Engineer. (Engineering) 26. Install all street trees on public streets in accordance with Section 18.28.010 of the Chula Vista Municipal Code, the City's Landscape Manual and approved cross-sections in the Otay Ranch Plarming Area 12/Freeway Commercial SPA Plan; or as otherwise approved by the Director of General Services and Director of Public Works Operations. Applicant agrees to provide any and all special tree installation conditions as requested by the Director of General Services. 30-13 Street trees shall be shown on street landscape and irrigation plans submitted for approval by the Director of General Services and the Director of Public Works Operations prior to, or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute fmal approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. (Public Works, General Services) 27. Any proposed monument signage shall be consistent with the Freeway Commercial SPA and Freeway Commercial Design Plan, as amended, and shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate Final Map. (Planning and Building) STREETS. RIGHTS-OF-WAY & PUBLIC IMPROVEMENTS 28. Provide security in accordance with chapter 18.16 of the Municipal Code, and construct full improvements for all public improvements shown on the Tentative Map within the subdivision boundary or off-site, as deemed necessary by the City Engineer to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Streets Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the City Engineer. Said public improvements shall include, but are not limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, water quality BMPs, street lights, traffic signals, signs, striping, fire hydrants and transitions to existing improvements in the marmer required by the City Engineer. If improvement plans have been approved by the City, the amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the City Engineer. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the City Engineer. A lesser percentage may be required if it is demonstrated, to the satisfaction of the City Engineer, that sufficient data or other information is available to warrant such reduction. (Engineering) 29. If Applicant proposes multiple building permits, Applicant shall submit and obtain approval of a development phasing plan from the City Engineer and Director of Planning and Building prior to issuance of any building permit. The phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers, and proposed building square footage in each phase; and b. A table showing the phase number, the lots included in the phase and the proposed building square footage included in each phase. Improvements, facilities and dedications to be provided with each phase shall be determined by the City Engineer and Director of Planning and Building. The City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the circulation requirements of Police and Fire Departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revisions(s). (Engineering, Planning and Building) 30-14 30. Applicant shall enter into an agreement with the City to accomplish the following: a. Construct and secure all the street improvements identified in Table A below; b. Complete to the satisfaction of the City Engineer said street improvements or that portion thereof serving any building or structure ready for occupancy prior to issuance of any certificates of clearance for utility connection for said building or structure. (Engineering) Table A Public Streets Re uired to be Constructed b Freewa Commercial Description Exclusive right turn lanes into the Project along EastLake Parkwa Town Center Drive from Olympic Parkway to FC-2 fa e line Birch Road from SR-125 to EastLake Parkway 31. Design all public street vertical and horizontal curves and intersection sight distances to conform to the CalTrans' Highway Design Manual and City Standards. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirements in accordance with City Standards. When a conflict between the CalTrans Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves may be permitted at intersections per AASHTO standards and with approval of the City Engineer. The streets subject to this condition are: a) Public Streets i. EastLake Parkway ii. Birch Road iii. Town Center Drive b) Private Streets i. Internal ring road ii. Street "A" iii. Street "B" (from EastLake Parkway to ring road) iv. Street "C" (Engineering) 32. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. In the event the Federal Government adopts new ADA standards for street rights-of-way which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. (Engineering) 33. Grant sight visibility easements to the City of Chula Vista as required by the City Engineer at public streets or public rights-of-way, to keep sight visibility areas clear of any obstructions. 30-15 Sight visibility easements shall be shown on grading plans, improvement plans, and Final Maps to the satisfaction of the City Engineer. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista standards. (Engineering) 34. Construct, and/or provide security for traffic signal interconnect conduit and all appropriate wiring as depicted on the approved improvement plans for all proposed signalized intersections to the satisfaction of the City Engineer. (Engineering) 35. Applicant shall install all conduits and interconnect improvements for the future traffic and/or pedestrian signals associated with the proposed BRT line and stations as depicted on the approved improvement plans in conjunction with the construction of the related street improvements to the satisfaction of the City Engineer. (Engineering) 36. Prior to the Design Review Committee approval for the project, Applicant shall submit and obtain the approval of the City Engineer and Director of Plarming and Building of a design for that portion of Street "B" located westerly of the intemalloop road which shall identify i) all those onsite and offsite improvements and/or facilities that need to be constructed by Applicant for providing adequate vehicular and pedestrian circulation and 2) a conceptual design and location of neck-downs and/or other traffic calming features, as described in the Freeway Commercial SPA Plan, as amended. (Engineering, Director of Planning and Building) 37. Agree to install permanent public street name signs prior to the issuance of the first building permit for the Project (Engineering) 38. Acquire and then grant to the City all off-site rights-of-way and easements necessary for the installation of required street improvements and/or utilities, as shown on the Tentative Map. (Engineering) 39. Notify the City, at least 60 days prior to consideration of the approval of the applicable Final Map by City Council, if off-site right-of-way and easements carmot be obtained as required by these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification the Applicant shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the City Engineer. . c. Have all right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation proceeding, and as determined by the City Engineer. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements, or licenses needed for off-site improvements, or work related to the Final Map. The Applicant shall pay all costs, both direct and indirect, incurred in said acquisition. 30-16 . Items a, b, and c above shall be accomplished prior to the approval of the applicable Final Map. (Engineering) 40. Applicant shall enter into an agreement to construct and secure all those improvements deemed necessary by the City Engineer to provide a fully actuated traffic signal including interconnected wiring at the following intersections: 1. Olympic Parkway and Town Center Drive, 11. Birch Road, and Streets "A" and "C" 111. EastLake Parkway and Street "B" iv. Birch Road and EastLake Parkway The Applicant shall fully design the aforementioned traffic signals in conjunction with the improvement plans for the related streets. (Engineering) 41. Street cross sections shall conform to the cross sections shown on the Tentative Map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 42. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 43. Prior to approval of the Final Map, or issuance of a construction permit for the construction of Birch Road, Applicant shall provide evidence satisfactory to the City Engineer demonstrating that the proposed design of Birch Road meets all the Caltrans "access control" requirements. (Engineering) 44. Applicant shall comply with all the Applicant requirements of the Updated Internal Circulation Study for the Proposed Otay Town Center, dated August 13, 2004 and prepared by Darnell and Associates, and any revisions thereto approved by the City Engineer. (Engineering) 45. Provide graded vehicle access to all public storm drain clean-outs and/or detention facilities, or implement other access solutions approved by the City Engineer. Public storm drain clean-outs shall not be located on landscaped slopes or inaccessible areas for maintenance equipment. (Engineering) 46. Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground storm drain, if the slope is over 10 feet in height and steeper than 4: 1. (Engineering) 47. Prior to approval of each grading plan, demonstrate the adequacy of existing downstream drainage facilities or include, in the grading plans, the construction of additional temporary detention facilities, to ensure that the discharges after development are conveyed by existing downstream drainage facilities to the satisfaction of the City Engineer. Applicant shall enter into an agreement with the City, where Applicant agrees to provide for the maintenance of said facilities until such time as they are replaced by permanent facilities approved by the City. (Engineering) 30-17 48. Construct a protective fencing system around all proposed detention and/or desilting facilities and the inlets and outlets of storm drain structures and water quality BMPs within the project, as determined by the City Engineer. The final fencing design and types of construction materials shall be subject to approval by the City Engineer and Director of General Services. (Engineering, General Services) 49. Submit to and obtain approval from the City Engineer and Director of General Services of an erosion and sedimentation control plan as part of grading plans per City standards. (Engineering, General Services) 50. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director of Plarming and Building. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property except as shown on the Tentative Map or as approved by the City Engineer and Director of Planning and Building. (Engineering, Planning and Building) 51. Design and construct all grading and pad elevations to be within 3 feet of the grades and elevations shown on the approved Tentative Map or as otherwise approved by the City Engineer and Director of PI arming and Building. (Engineering, Planning and Building) 52. Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. (Engineering) 53. Design and construct all public storm drains as close to perpendicular to the slope contours as feasible, but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 54. Provide a minimum of three (3) feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved for slopes by the City Engineer and the Director of Planning and Building. (Engineering, Planning and Building) 55. Prior to issuance of grading permits, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading outlined in the Tentative Map. (Engineering, Planning and Building) 56. Construct energy dissipaters at all storm drain outlets, as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 57. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be steeper than 2: I (two horizontal to one vertical), except for minor slopes as herein defmed. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5: I) contingent upon: a. Submittal and approval of reports by both a soils engineer and a certified engineering geologist containing the results of surface and sub-surface exploration, and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in 30-18 their professional op1illon, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property. b. The installation of an approved slope planting program and irrigation system. c. "Minor Slope" is defmed as a slope four (4) feet or less in vertical dimension in either cut or fills, between parcels and not parallel to any roadway. (Engineering) 58. Construct temporary desilting basins at all discharge points adjacent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological modeling, and determined pursuant to direction by the City Engineer. (Engineering) 59. 59. The Development shall comply with all operational regulations established by the United States Environmental Protection Agency (USEPA), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. The development shall also comply with all structural requirements of such regulation as they apply to each building permit at the time of building permit issuance. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Applicant shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. (Engineering) 60. Applicant shall enter into an agreement with the City where Applicant agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Project. (Engineering) 61. Developer shall comply with all of the applicable provisions of the Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code, the Development and Redevelopment Project Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista SUSMP to the satisfaction of the City Engineer. (Engineering) 62. Enter into a maintenance agreement with the City, where Applicant agrees to operate and 30-19 maintain in perpetuity all private permanent BMPs required by the Water Quality Technical Report for the Project, as approved by the City Engineer. Applicant shall submit and obtain approval from the City Engineer of a maintenance program for the proposed permanent BMPs. The maintenance program shall include, but not be limited to: 1) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance activities, and 3) a funding mechanism for financing the maintenance program. (Engineering) 63. Prior to the issuance of each grading permit, or as otherwise approved by the Director of General Services, the Applicant shall prepare, submit and obtain the approval of the Director of General Services, City Engineer and Environmental Review Coordinator for a landscape and irrigation slope erosion control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance. Applicant shall install erosion control in accordance with approved plans within six months from the commencement of grading. (General Services, Engineering, Planning and Building, Environmental) 64. All private storm drains from the project shall connect into the public storm drain system at a structure such as a cleanout or catch basin. Storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be submitted for approval to the City for private storm drains within the public right-of-way. (Engineering) 65. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 66. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3: I gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The applicant shall ensure that brow charmels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and charmels from private property shall not be routed through City open space unless approved by the City Engineer. (Engineering) 67. Prior to issuance of each grading permit, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Freeway Commercial SPA Plan and consistent with the landform grading policies described in the City's General Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent natural slopes. (Engineering, Planning and Building) SEWER 68. Applicant shall design all public sewer in accordance with the following requirements: . a. Design all sewer access points (manholes) to be located at centerline of street, cul-de- 30-20 sac center, or at the center of a travel lane, unless otherwise approved by the City Engineer. b. Provide improved all-weather paved access to all sewer manholes designed with a minimum traffic index factor of 5 or other loading as approved by the City Engineer. c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for maintenance equipment. d. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the City Engineer. Install sewer mains such that there are no bends exceeding 45- degree to the direction of flow. e. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the City Engineer. Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M-4 (Locking). f. Sewer main pipes shall not run parallel and under slopes greater than 5: I unless otherwise approved by the City Engineer. g. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the City Engineer. (Engineering) WATER 69. Submit verification to the City Engineer in the form of a letter from Otay Water District indicating that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no assessments/bonded indebtedness exist on the parcel(s). (Engineering) 70. A void installation of privately owned water, reclaimed water, or other utilities crossing any . public street. This shall include the prohibition of installing sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The Applicant enters into an agreement with the City where the Applicant agrees to the following: 1. Apply and obtain approval of an encroachment permit for installation of private utilities within public right-of-way. 11. Maintain membership in an advance notice service" such as: the USA Dig Alert Service. iii. Mark out all private facilities/utilities owned by the Applicant whenever work is performed in the area. IV. The terms of this Agreement shall be binding upon the successors and assigns of the Applicant. b. Shutoff devices, as determined by the City Engineer, are provided at those locations where 30-21 private facilities traverse public streets. (Engineering) AGREEMENTS/FINANCIAL 71. Prior to the approval of the Final Map, the applicant shall enter into a supplemental agreement with the City wherein the Applicant agrees as follows: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: 1. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Applicant may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning and Building and the City Engineer. (Engineering, Planning and Building) b. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or armul any approval by the City including approval by its Planning Commission, City Council or any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. (Engineering, Planning and Building) . c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Final Map area. Applicant further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Final Map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Applicant's construction schedule so that it does not delay or impede Applicant's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Applicant hereby conveys to. the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning and Building) . d. That the City may withhold the issuance of building permits for the Project, should the Applicant be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Applicant of 30-22 notice of such determination and allow the Applicant reasonable time to cure said breach. (Engineering, Planning and Building) e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering, Planning and Building) f. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP) if adopted prior to issuance of building permits. (Engineering) h. The Project shall pay its fair share fees as part of any future regional impact fee program for regional facilities as defined in the GDP/SRP, should such a fee program be enacted prior to the issuance of building permits for the project. 1. Indemnify, and hold harmless the City, its elected and appointed .officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Applicant, any agent or employee, subcontractors, or others. The Applicant's indemnification shall include reasonable costs, expenses, attorney's fees and liability incurred by the City. (Engineering) 72. Applicant shall grant an Irrevocable Offer of Dedication (LO.D.) in fee to the City, in a form approved by the City Attorney, for the right-of-way deemed necessary by the City Engineer to accommodate the future BRT facilities. Said right-of-way shall be shown as a separate lot in the Final Map. 73. Prior to the approval of the Final Map, the Applicant shall enter into an agreement with the City by which the Applicant agrees to: a. Provide all those easements and enter into those agreements with SANDAO reasonable needed for providing adequate conveyance of the storm water flow generated by the BRT right-of-way; and b. Provide all those easements reasonably needed to install BRT and/or pedestrian signals and/or signs at the intersection of the BRT with the proposed private project entry driveways along EastLake Parkway. 74. The Applicant shall implement the final Air Quality Improvement Plan (AQIP) measures as approved by the City Council, and to comply and remain in compliance with the AQIP. The Applicant shall also waive any claim that the adoption of a final AQIP constitutes an improper subsequent imposition of the condition. Applicant shall implement the GreenStar Building Efficiency Program. (Planning and Building) 75. The Applicant acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall modify the AQIP to incorporate those new measures, which are in effect prior to each Final Map approval within the Project. The new measures shall apply, as applicable, to development within all future Final Map areas, but shall not be retroactive to those areas that received Final Map 30-23 approval prior to effect of the subject new measures. (Planning and Building) 76. The Applicant acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall be required to rnodify the Water Conservation Plan (WCP) to incorporate those new measures, which are in effect prior to each Final Map approval within the Project. The new measures shall apply to development within all future Final Map areas, but shall not be retroactive to those areas that received Final Map approval prior to effect of the subject new measures. (Planning and Building) 77. Applicant shall enter into an agreement with the City encumbering the entire Project, which shall include all of the following: a) Provisions ensuring the Applicant's maintenance of all private common facilities located within the project including, but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures, water quality treatment facilities, landscaping, trees, streets, parking lots, driveways, and sewage systems that are private. Common facilities are to be identified or labeled in an exhibit in the agreement. b) Language establishing the Applicant's responsibilities to maintain public landscaping and/or improvements in conformance with the Maintenance Responsibility Map. c) Language establishing Applicant's responsibility to maintain all private temporary slopes and associated temporary facilities adjacent to the south side of Birch Road (from SR-125 to EastLake Parkway) needed for the construction of said portion of Birch Road. f) Provisions indemnifying and holding the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the Applicant. g) The requirement for the Applicant to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured and shall not contain a cross-party exclusionary clause. h) Provisions requiring daily sweeping of common parking lots and internal drives by a reputable sweeping company. . i) Language assuring Project's membership in an advance notice service such as the USA Dig Alert Service in perpetuity. j) Provisions establishing the Applicant's responsibility to: 1.) maintain all sewer access roads as they may exist from time to time in adequate condition as determined necessary by the Director of Public Works operations and 2.) replace any 30-24 . enhanced pavement, sidewalk, and other non-standard facilities or improvement removed by the City during construction and/or maintenance of public sewer facilities within the Project. Applicant shall acknowledge and agree that City will only be responsible for restoring the site using standard asphaltic concrete pavement and/or concrete as determined necessary by the Director of Public Works Operations. 78. Prior to issuance of each building permit within the Freeway Commercial SPA, the Applicant shall pay fees or some other financing mechanism approved by the school district to provide for the construction of needed elementary, middle and high schools. (Engineering) 79. Prior to approval of the Final Map, Applicant shall establish an endowment to provide for the Project's prorated share of the perpetual maintenance of the Poggi Canyon Charmel. The amount of such endowment shall be equal to $40,917.00 (estimate as of 5/9/02) increased by a factor equal to the percentage change in the San Diego Area All Consumer Price Index (All Items) from May 9, 2002 to the date the endowment is established. The documents establishing the endowment shall be subject to the approval of the City Attorney. (Engineering, City Attorney) OPEN SPACE/ASSESSMENTS 80. In the event Applicant requests the formation of a Community Facility District (CFD) for providing a funding mechanism for the maintenance of public improvements within the Project, the Applicant shall make such request, and obtain City Council approval for the formation of said CFD prior to the approval of the Final Map for the Project. The Applicant shall submit a list of amenities, acreage and maintenance costs for all public open space lots and facilities, including, but not limited to the parkways, medians, open space lots, enhanced paving and water quality treatment facilities. Maintenance of the improvements shall be accomplished by the Applicant for a minimum period of one year, or until such time as accepted into the CFD by the Director of Public Works Operations. If Council does not approve the CFD formation, some other financing mechanism, such as Business Owners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the Final Map. All costs of formation and other costs associated with the processing of the CFD for this project shall be paid for by the Applicant. The Applicant shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed CFD. (Engineering) 81. All Project landscaping shall conform to the design elements of the City's Landscape Manual. (General Services) 82. Applicant shall enter into a maintenance and grant of easements agreement, encumbering the entire Project, as necessary for landscaping and other improvements maintained by Applicant within City right-of-way or such other public areas as required by the City. Said public improvements shall include, but are not limited to: a) Landscaped parkways along the westerly side of EastLake Parkway, and full landscaped median improvements (including hardscape, landscaping and irrigated improvements) on EastLake Parkway between Street B and Birch Road. b) Northerly and southerly landscaped parkways, full landscaped medians (including 30-25 hardscape, landscaping and irrigated improvements), along Birch Road until such time that the City approves a different financing mechanism for maintaining said southerly parkways and fair share of said median improvements. c) Landscape improvements located within the proposed BRT right-of-way until such time that this right-of-way is ultimately conveyed to SANDAG. d) Easterly and westerly landscaped parkways, full landscaped median (including hardscape, landscaping and irrigated improvements) along Town Center Drive until such time that the City approves a different financing mechanism for maintaining said improvements. (Engineering, General Services) 83. Provide minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 84. Provide minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of public storm drain facilities. (Engineering) 85. Provide a blanket easement over private roadways and parking lots to the City providing reasonable access to public sewer facilities to the satisfaction of the City Engineer. (Engineering) 86. Grant on all applicable Final Maps, easements along all public streets within the subdivision as shown on the Tentative Map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Planning and Building. The City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 87. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any Final Map that proposes private access, utilities or drainage facilities crossing property lines as directed by the City Engineer. (Engineering) LANDSCAPE 88. Prior to issuance of each construction permit and grading permit for the Proj ect, the Applicant shall secure all landscape improvements associated with the improvements covered by said permit. The security shall be in amounts as determined by the Director of General Services and approved in form by the City Attomey. Applicant shall prepare and submit to the Director of General Services landscape improvement plans concurrent with the second submittal of street improvement or grading improvement plans for corresponding areas. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the SPA. Applicant shall agree to and shall install all landscape improvements in accordance with the approved plans to the satisfaction of the Director of Planning and Building and the Director of General Services. (Planning and Building, Engineering, General Services) . 89. The applicant shall install all public street trees in accordance with Section 18.28.010 of the Chula Vista Municipal Code. All public street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Public street trees are to be . 30-26 consistent with tree species described in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape Master Plan, and shall be subject to approval by the Director of Plarming and Building and Director of Public Works Operations. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary public street improvement plans that show the location of all future public street trees, which will be subject to the review and approval of the Director General Services and the Director of Planning and Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary public street improvement plans that depict public street trees and shall be painted a bright color and labeled as future public street tree location. Applicant further agrees to provide City documentation, acceptable by the Director General Services and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain public street tree identification stakes in locations as shown on approved preliminary plans until all dry utilities are in place. A public street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Plarming and Building and the City Engineer prior to or concurrent with the second submittal of public street improvement plans within the subdivision. Approval of the public street tree improvement plans shall constitute final approval of the selection of public street trees for the public street parkways. (Engineering, Planning and Building, General Services) 90. Design landscape and irrigation plans such that street tree placement is not in conflict with the sight visibility of any traffic signage. The Applicant shall be responsible for the removal of any obstructions within the sight visibility of said traffic signs consistent with the Chula Vista Design Standards and to the satisfaction of the City Engineer. (Engineering) 91. Prior to the approval of the Final Map or issuance of the first grading permit proposing to create finished lots, whichever occurs first, Applicant shall prepare, submit and receive approval from the Director of General Services of a Conceptual Landscape Plan for all public streets. Such approval shall be indicated by means of the Director's signature and date on said Plan. The contents of the Conceptual Landscape Plan shall conform to the City staff checklist and contain the following major components: Landscape Concept Planting Concept Plan Master Irrigation Concept Plan (General Services, Planning and Building, Engineering, Public Works) MISCELLANEOUS 92. Applicant shall submit copies of the Final Map in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the Final Map shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: Subdivision Boundary (closed polygons), Lot Lines (closed polygons) Street Centerlines (polygons) 30-27 Easements (polylines) Public Street names (armotation) Lot numbers (armotation) (Engineering) 93. Within thirty (30) days of the City Engineer approval, the Applicant shall submit copies of all approved grading and improvement plans associated with the project in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital files shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. (Engineering) . 94. Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval. The Plan shall demonstrate those steps the Applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25 and meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. (Conservation and Environmental Services) 95. Within thirty (30) days of the City Council approval of these Tentative Map conditions, or prior to the submittal of the Final Map for the Project, whichever occurs first, the Applicant shall submit a digital drawing file of the Tentative Map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Public Street Names (armotation) f. Lot Numbers (armotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3-Yz" disks or CD, as an e-mail attachment to the City Engineer, or as otherwise approved by the City Engineer. (Engineering) FIRE 96. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention. The Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet (or an acceptable alternative 30-28 approved by the Fire Marshal and in compliance with the U.F.C.). c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Marshal. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Marshal. (Fire, Engineering) 97. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Project. (Fire, Engineering) 98. Prior to issuance of the first building permit and in addition to those fire hydrants depicted on the Tentative Map, the applicant shall install additional fire hydrants per 2001 Califomia Fire Code and City of Chula Vista Fire Department policies. (Fire, Engineering) 99. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 feet in length (as measured from the nearest street centerline intersection). (Engineering) CODE REOUIREMENTS 100. Comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final Maps and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering) 101. Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. (Engineering) 102. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Applicant shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. (Engineering) 103. Pay all required fees, including the following fees, in accordance with the City Code and Council Policy: The Transportation and Public Facilities Development Impact Fees; Traffic Signal Participation Fees; All applicable sewer fees, including but not limited to sewer connection fees; and Poggi Canyon Gravity Sewer Basin DIF. Pay the amount of said fees in effect when payment is due pursuant to the Chula Vista Municipal Code. (Engineering, Planning and Building) 30-29 GROWTH MANAGEMENT/PUBLlC FACILITIES FINANCING PLAN (PFFP)/ PHASING 104. Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering, Planning and Building) 105. Install public facilities in accordance with the Freeway Commercial Public Facilities Finance Plan as may be amended from time to time, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering, Planning and Building) PHASING 106. If the applicant proposes to modify the Freeway Commercial SPA's approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval upon request of the City Engineer prior to approval of the first Final Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Engineering) 107. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and Tentative Map with improvements installed in accordance with said plan or as required to meet the City's Growth Management Ordinance. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of the Freeway Commercial SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Freeway Commercial SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Freeway Commercial SPA's facility improvement requirements to those identified in the PFFP. The Growth Management Ordinance, as it exists at the time of building permit issuance, shall govern Freeway Commercial SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction, should conditions change to warrant such a revision in accordance with the Growth Management Ordinance. (Engineering) 30-30 ArrACHMCNí~ RESOLUTION NO. PCM-04-15A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE AMENDMENT TO THE PLANNING AREA 12 - FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED COMMUNITY DISTRICT REGULATIONS AND DESIGN PLAN FOR OTAY RANCH PLANNING AREA 12 - FREEWAY COMMERCIAL UPDATING THE PUBLIC FACILITIES FINANCE PLAN AND AIR QUALITY IMPROVEMENT PLAN WHEREAS, a duly verified application was filed with the City of Chula Vista Planning Department by General Growth Properties, Inc. ("Applicant") requesting approval of amendments to the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan and associated regulatory documents, Plarmed Community District Regulations. The SPA Plan includes updates to the Public Facilities Finance Plan and Air Quality Improvement Plan ("Project"); and, WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically represented in Exhibit "A" and commonly known as Planning Area 12 - Freeway Commercial, and for the purpose of general description herein consists of approximately 132.9 acres located in the area bounded by the existing and future roadways of State Route (SR-) 125, Olympic Parkway, EastLake Parkway and Birch Road within the Otay Ranch Plarmed Community ("Project Site"); and, WHEREAS, the development of the Property has been the subject matter of the Otay '- Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and WHEREAS, the City Council of the City of Chula Vista has previously reviewed, analyzed, considered and certified Otay Ranch Planning Area 12 - Freeway Commercial SPA Plan Final Environmental Impact Report (FEIR 04-02) and addendum; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 02-04 and addendum. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; and, 30-31 ---."-.. ~._~,_.- .._.._-_..,-~~._----~------- WHEREAS, the Planning Commission having received certain evidence on November 10, 2004, as set forth in the record of its proceedings herein by reference as is set forth in full, made certain findings, as set forth in their recommending Resolution PCM-04-l5A, herein, and recommended that the City Council approve the Project based on certain terms and conditions; and, WHEREAS, the Planning and Building Director set the time and place for a hearing on the Project, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least 10 days prior to the hearing and its mailing to property owners within 500 feet of the exterior boundaries of the property; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., October 27, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT, fÌ'om the facts presented to the Planning Commission, the Planning Commission has determined that the approval of the amendment to the Sectional Planning Area (SPA) Plan for Otay Ranch Planning Area 12 - Freeway Commercial (pCM-04-15A) updating the PFFP and AQIP is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving the amendments to the Otay Ranch Planning Area 12 - Freeway Commercial SPA (pCM-0415A) in accordance with the findings contained in the attached City Council Resolution and that a copy of this resolution be transmitted to the owners of the property and the City Council. 30-32 ~. --.---- ._"-~_. .. ...-. ~- -. ~ _. .-~---_... PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this lOth day of November, 2004, by the following vote, to-wit: AYES: Cortes, Felber, Horn, Madrid NOES: ABSENT: Castaneda, Hall, O'Neill ABSTENTIONS: arco Cortes, Chair ATTEST: Attachments Exhibit A Draft City Council Resolution H:'J'LANNINGIOtay _ Ranch\Frwy_ COnuTI_SP AIGeneral GrowthITM\FCmI_SP A_Amend ]CM4I-15A PCRESO.doc 30-33 ;41T'4C.ItME::AfÍ 7 RESOLUTION NO. PCS-05-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE A TENTATIVE SUBDMSION MAP FOR A PORTION OF THE OTAY RANCH, FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN- GENERAL GROWTH PROPERTIES, CHULA VISTA TRACT 05-02. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution and described on Chula Vista Tract 05-02, and is commonly known as "Otay Ranch Freeway Commercial Tentative Map", ("Property"); and, WHEREAS, a duly verified application for the subdivision of the Property in the form of a tentative subdivision map known as "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", ("Project"), was filed with the City of Chula Vista Planning and Building Department on August 24, 2004 by General Growth Properties, ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 86.9 acres of land located east of SR-125 and north of Birch Road within Otay Ranch Freeway Commercial SPA into 7 commercial lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan C'GDP'') previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the enviromnental evaluation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01''); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 02-04 and addendum. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02, (pCS-05-02) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on November 10, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. 30-34 ----_.__._~---- ..-------..--..-.-.---.--- --~. ..-----. _._._ _ .. ~.u . ...~... ___..__ . Planning Commission Resolution PCS 05-02 Page 2 NOW, THEREFORE, BE IT RESOLVED THAT, from the facts presented to the Planning Commission, the Commission has determined that the approval of "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", (PCS-05-02) is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Otay Ranch Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning practice support the approval. BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION recommends that the City Council adopt a resolution approving "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", (pCS-05-02) in accordance with the findings contained in the attached draft City Council Resolution; and that a copy of this resolution be transmitted to the owners of the property and the City Council. . PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 10th day of November, 2004 by the following vote, to-wit: AYES: NOES: ABSENT: ABSTENTIONS: Cortes, Felber, Horn, Madrid Castaneda, Hall, O'Neill ~ ATTEST: ~ Diana Vargas, secretary~ H:\PI..AN~ING\Otuy _Ram:h\Frwy _ Comm_ SF A I,Gel1erul GWVY1h\TM\PC_FC ]CS 05-02_Resolutii".\1l.doc 30-35 A m:¡CIiM~AJí r RESOLUTION NO. PCC 05-13 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE CITY COUNCIL APPROVE A CONDITIONAL USE PERMIT FOR A MULTIPLEX MOVIE THEATER LOCATED THE FREEWAY COMMERCIAL SPA PLAN IN THE OTAYRANCH. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described as Lot 6 of Chula Vista Tract 05-02, and is commonly known as the Freeway Commercial-Planning Area 12("Property"); and, WHEREAS, a duly verified application (FCC 05-13) for a Conditional Use Permit ("Project") to consider granting approval for the operation of a multiplex movie theater in the Freeway Commercial portion of Planning Area 12 in the Otay Ranch was filed with the City of Chula Vista Planning and Building Department on September 1, 2004 by General Growth Properties, ("Applicant"); and, WHEREAS, the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Plan, Planned Community District Regulations require movie theaters to be approved by a Conditional Use Permit in the Freeway Commercial portion of Planning Area 12 of the Otay Ranch; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Planning Area ("Freeway Commercial SPA Plan") previously approved and amended by the City Council on September 14, 2004, wherein the City Council, in the environmental evaluation of said Freeway Commercial SPA Plan, relied in part on the original Otay Ranch Freeway Commercial SPA Plan Final Environmental Impact Report No. 02-04, ("FEIR 02-04") and addendum; and, WHEREAS, the development of the Property will be the subject matter of a Design Review application to be approved by the City's Design Review Committee; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project would result in no new impacts that were not identified in the previously adopted Final Second-Tier Environmental Impact Report for the proposed Freeway Commercial SPA Plan (FEIR-02-04) and addendum. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m. November 10,2004, in the Council Chambers, 276 Fourth Avenue, before the Planning 30-36 - _.._._--"_._..._.~...._--,._~-_._---._.,- .- -~-~_.._--~-- . .~_.- _.._-~--,.._--- ._-~ Resolution No. PCC -05-13 Page No.2 Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION, does herebyrecommend approval of Conditional Use Permit PCC 05-13 to the City Council in accordance with the findings and subject to the conditions and fmdings contained in the attached draft City Council Resolution. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 10th day of November, 2004 by the following vote, to-wit: AYES: Cortes, Felber, Horn, Madrid NOES: ABSENT: Castaneda, Hall, O'Neill ABSTENTIONS: ~ Marco Cortez, Chair . ATTEST: Di~~g~~ Attachment: Exhibit A J:\Pltmnmg.\Otayr.m\:h\OtaLRun..;h_ Company\. Vill,lge_l \Vl_ SP A_ One_CUP _Gas _ St'<.\tì01\_PC_Res').doc 30-37 A- T7 A c..tt M~ JJT c¡ MINUTES OF THE CITY PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA 6:00 p.m. Wednesday, November 10,2004 Council Chambers Public Services Building 275 Fourth Avenue, Chula Vista ROLL CALU MOTIONS TO EXCUSE: Present: Absent: Cortes, Felber, Horn, Madrid Castaneda, O'Neill, Hall Staff Present: Luis Hernandez, Development Planning Manager Rick Rosaler, Principal Planner Michael Walker, Associate Planner Elizabeth Hull, Assistant City Attorney John Mullen, Deputy City Attorney III MSC (Madrid/Felber) (4-0-3-0) to excuse the Commissioners who are absent. Motion carried. PLEDGE OF ALLEGIANCE/SILENT PRAYER INTRODUCTORY REMARKS: Read into the record by Chair Cortes ORAL COMMUNICATIONS: No public input. 1. Public Hearing: PCM 04-15A; Consideration of an amendment to the Sectional Planning Area (SPA) Plan for the Freeway Commercial portion of Planning Area 12 of the Otay Ranch to update the Public Facilities Finance Plan and Air Quality Improvement Plan. PCS 05-02; Consideration of a Tentative Subdivision Map on 86.9 acres of the Freeway Commercial portion of Planning Area 12 of the Otay Ranch. PCC 05-13; Consideration of a Conditional Use Permit for a multiplex movie theater in the Freeway Commercial portion of Planning Area 12 ofthe Otay Ranch. 30-38 Planning Commission Minutes - 2 - November 10,2004 Background: Rick Rosaler reported that for the Commission's consideration is the next phase of the implementation of the Freeway Commercial Project consisting of an update of the PFFP and the Air Quality Improvement Plan, as well as a proposal from General Growth for a new Tentative Subdivision Map to re-subdivide the FC-1 portion, and consid'eration of a Conditional Use Permit for a movie theatre complex. Mr. Rosaler stated that the approved SPA Plan anticipated the development of two phases on FC-2 (Otay Ranch Company) and three on FC-1 (McMillin Companies). The new TM proposes that the entire FC-1 project be developed in one phase, therefore, the PFFP has been updated to reflect this change. All street improvements for Town Center Dr., Eastlake Pkwy. and Birch Rd. will be completed with this first phase. The Freeway Commercial SPA Plan Air Quality Improvement Plan needs to be updated to reflect the current air quality program. General Growth has selected the GreenStar Program for this project, which exceeds the Title 24 Energy Efficient Standards by 10% on 50% of the project. General Growth has applied for approval of the Conditional Use Permit for the 16- screen multiplex theater to expedite the construction of the movie theater with the rest of the shopping center. Staff Recommendation: That the Planning Commission adopt Resolutions: · PCM 04-15A; recommending that the City Council approve the SPA Plan amendments updating the Public Facilities Finance Plan and Air Quality Improvement Plan · PCS 05-02; recommending that the City Council approve Tentative Subdivision Map (CVT 05-02) in accordance with the findings and subject to the conditions contained therein · PCM 05-13; recommending that the City Council approve the Conditional Use Permit for the multiplex movie theater on Lot 6 of the proposed tentative map. Commission Discussion: . Cmr. Felber stated that parking is a problem in the restaurant row of the Eastlake Village Shopping Center, and inquired what, if any, measures went into the parking plan to ensure that the same thing doesn't happen in the Freeway Commercial Center. Mr. Rosaler responded that parking should not be a problem because there will be parking lots on both sides of the restaurants row, and some of the restaurants will have valet parking. 30-39 Planning Commission Minutes - 3 - November 10, 2004 Cmr. Madrid inquired if the Freeway Commercial project would have appropriate pedestrian linkage between it and the Eastern Urban Center. Mr. Rosaler responded that there are pedestrian crossings on the eastern side of the intersection on streets A and C. According to the traffic analysis, a pedestrian crossing on the other side would slow down the intersection cycling time. Public Hearing opened. Chris Longson, General Growth Properties, gave a presentation on the design of the project, detailing its innovative features, i.e. pedestrian-friendly promenades, court areas for gathering, fun features like a pop-jet fountain, flush to the ground where children can play, and a fire place surrounded by a seating area. Mr. Longson indicated that the freeway pylon sign has no words and is solely a graphic-design icon identifying the center, however, the monument signs within the center will have name identifiers for various major tenants and will also have the City of Chula Vista name and logo. Public Hearing closed. MSC (FelberIHom) (4-0-3-0) That the Planning Commission adopt Resolutions: · PCM 04-15A; recommending that the City Council approve the SPA Plan amendments updating the Public Facilities Finance Plan and Air Quality Improvement Plan; · PCS 05-02; recommending that the City Council approve Tentative Subdivision Map (CVT 05-02) in accordance with the findings and subject to the conditions contained therein; and · PCM 05-13; recommending that the City Council approve the Conditional Use Permit for the multiplex movie theater on Lot 6 of the proposed tentative map. Motion carried. 30-40 ~T~ ~"~m ..., . ~ Æ rr;¡Uf""'E: JúT ( Ò . CITY Of OilJiA VlSfA PI¡¡nning & iBu¡lrllo·g O</:þ¡ortment Planning Diylsion I D",vel<>pment Processing DiS(¡IO$I,I1;¡! St<ttéme-nt Pursvant to COUTIr;;n Policy 101-{)1, prior 10 any action <JpOn rri.a:tters 'that will require d!sCretJonery aOllon by !lie Counci~ Planning CommissÎOOand all othe'r pfflcia! bOOie:; Df j¡¡e City, a statemè;rt Of disclosure of œrtairi Ö'.\ITIern/i¡lp· or -{j11$x:ie ¡rrterests, payments, or cømpaign conlribuüons for a c¡tjrot ClJula Visf¡¡ e!ecDon ~ be !lied. The.Ioßo»Yil'!f ír1fu¡"",!ioo ffil)S! b~ ÒlsdoseQ: 1. !.J$t 1m, nam~s 01 aJJ ~s hw!ng<;\ ftrmnc!al in!êre$t in. 1ft.. proþerty ~ Is 1ft</: S\1bJect 01 the "'ppliCiJWn or the contrac~ ~.g., OWner, ¡¡ppfJCM~ c<mtraC¡or, sUbco<itr<!Çtor, rr¡atern.¡ S1Jpptier. . GC11ernJ Growth ¡'ropeni"" in<: (n pll~lidr tr:lùC¡1 comp:!!)v on the NY St¢çk E.~t,) />kMill'" Campa"Ü:. 2. ¡¡:ariy person' identified pulwan4 to (1) abóve is a còrp~tion Or ~shí¡;;, f$l the naJ'!Je$ (Jf all fnçfiv!duaJ$ wiíJi <i $2000 invl>sttnen4 in lI1e Dusinass. (COI'pO!'ajjOlilpaltnt>r<sltip) errt!!y. úenCT:\ Gro\'1J¡ I'ropt:rlj<s, ¡nc, is 9 publidy Irndc" çp"'P3'1)o' on the ~ Yon: Stock E.\:t>hong. l\'k:l'vtjllin -C(''Jjn''P3n1~ 3. If aoy person' ictentified p\Jrs.usnt to ('1) above is a non·prolit organiz'atio¡¡ or irwt, iiSt the· namEis o.'f any perooT! saNing as {j iractor of the non-profit organlza-trorior ¡.!;. trustee or ~licie ry or tNstór of !he trust 4. ÞJa~e ídentifyevery pers.:>n.· locIvcHr>g "l1y·ag'mts., ·empJÖyéa$, coosultants; or ¡t1depeTld~te6~n; you /¡we $$Igned to represel)! you before the City in lI)i5 ma..te¡. John Bcr¡t>trom . DvuuJo;; Mc\;h.-.re Kris lOJ1!1$on G~ry Ci"ù D:n;d F. Pune! Chuck Moore 5. Has any person' associated with this contrøcl had any flnancI<d dealings wi\/) an offidaJ"" of !he City of Chulà Vf5Cta as a relales 10 this corrtr,¡cl within the pa.t12 mclilhs. Yes_No....,-L If Yes, briefly descríbethe "aWe of !he mancW iotere~t 11>" officia!'" may have In tliIs oonfmct. ì. Have you made e contribution of more than $250 witJJjitthe past twelve (12) months to a ~nt member of the Chula VISta City CÖ\Jnèil? No X Yes _If yes, whíchCoun(;j memoo<? 275 Fourth f\\'et'Ju~ (Mula V¡s~~ ColtjU"'i41 1-61 91910 (619) 691-5!Dl City Of Cbula V'JSta DÏ$CJosW"e Statement - Page :2 1. Nave you providl>d more !h?n $340 (or en !rem of ß<PJÌVõ1 Je;nt y¡¡¡,>e) 10 en Qffidar' of the City o1'Cf¡¡ula Vi$Ia In 1he past twelve (12) months? (This Jnc1udes being a source of Income, moM}' 10 refire a legal deb!, gm, loan, etc.) Yes _ No--X- If Yes, whid¡ offidar" ;¡¡<¡¡d woot was !he nature or Item provjdeJ:J? . Date: 9A-/J ~ - / Signature of lølJ'aç!ooAppli¡;ant (kner:¡) Gro\\'tn 'Properti..... b><:. BY" Jon1l Ber;g$lrol1>. Sr. VP F'r!I1t Of type nan;e of CDn1;rac:Ipr/AppJical1t . Parson is de!iòed = any indMdual, firm, ¡»partnership, jaW \/!IDlurn, assocjgfton, socia! club, fi:õl.ema1 organlza!fon, corþotatioo. e$l'ate, trost, receæver, ¡¡ynd!cam, ;¡¡¡ry otber cPUnty, cJ!y, munidpany, ~~ or oI!Ier PoIilical t.uMiV!$lon, -<;II' anyO!!'et group Of 1»mbjnation ac!:íng a.!!. a unit. Olfi.cisl Inctudes, but f!¡ OOlJJmi;ted 10: Mayor, Council mem!:>er, ?1ai1:rn'ng Co!11iTÙ5!lloner. MernÞer efa boai'd, ~ml$$fon, orœmmjil!ee of 111& CIty, .emþ~, or $taJ'f memœrs, .. ..... __u 275 FouttJo¡ Avenue ! C1wla Yi,la California I 91910 31(}-fß!2 / , . , " . ß J-C> I.,..-~ (619) b91.S101 u.___...._._.._._··_···__····__···_··,··_·__ RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE OTAY RANCH PLANNING AREA 12 FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN UPDATING THE PUBLIC FACILITIES FINANCE PLAN AND AIR QUALITY IMPROVEMENT PLAN WHEREAS, the property which is the subject matter of this Resolution is identified as Exhibit "A" attached hereto and commonly known as Planning Area 12 - Freeway Commercial, and for the purpose of general description herein consists of approximately 132.9 acres located in the area bounded by the existing and future roadways of State Route (SR-) 125, Olympic Parkway, Eastlake Parkway, and Birch Road within the Otay Ranch Plarmed Community ("Project Site"); and, WHEREAS, the City Council adopted the Planning Area 12 - Freeway Commercial Sectional Plarming Area (SPA) Plan on April I, 2003 by City Council Resolution 2003-132 and amended the SPA Plan by Resolution 2004-300 on September 14, 2004; and, WHEREAS, an application for an amendment to the Planning Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan was filed with the City of Chula Vista Planning Department by the General Growth Properties, Inc. ("Applicant") updating the Public Facilities Finance Plan (PFFP) and Air Quality Improvement Plan (AQIP) attached as Exhibit "B"; and WHEREAS, the application requests consideration of an amendment to the Sectional Planning Area (SPA) Plan and supporting regulatory documents including Plarmed Community District Regulations for 132.9 acres known as "Otay Ranch, Planning Area 12 - Freeway Commercial" located in the north-central area of the Otay Valley Parcel, between the future extension alignment of Olympic Parkway, Eastlake Parkway, Birch Road and SR-125; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project was adequately covered in previously adopted Freeway Commercial SPA Plan Final EIR 02-04 and addendum. Thus, no further environmental review or documentation is necessary; and, WHEREAS, the Planning Commission held a public hearing on said amendment to Plarming Area 12 - Freeway Commercial Sectional Planning Area (SPA) Plan (PCM-04-15A) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on November 10, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning 30-43 Attachment City Council Resolution Page 2 of 5 Commission and the Plarming Commission recommended approval of the Amendment and said hearing was thereafter closed; and WHEREAS, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista on the Amendment to the Plarming Area 12 - Freeway Commercial SPA Plan, namely 6:00 p.m. December 14, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, dete=ine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 10, 2004 and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 02- 04 and addendum, would have no new impacts that were not examined in said FEIR [Guideline 15168(c)(2)], and therefore, no further environmental review or documentation is necessary; Ill. ACTION The City Council hereby approves the Amendment and all supporting regulatory documents including the Design Plan, involving approximately 132.9 acres of land known as "Otay Ranch, Plarming Area 12 Freeway Commercial" based upon findings contained herein. The City Council finds that the Amendment is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, and all other applicable plans, and that the public necessity, convenience, general welfare and good plarming and zoning practice support their approval and implementation. IV. SECTIONAL PLANNING AREA (SPA) PLAN FINDINGS The Amendment is consistent with the Chula Vista General Plan and the Otay Ranch General Development Plan, and the Amendment does not require any changes to the City Council's prior dete=inations that the SPA Plan met all applicable requirements, for the following reasons: A THE SECTIONAL PLANNING AREA PLAN IS IN CONFORMITY WITH THE OTAY RANCH GENERAL DEVELOPMENT PLAN AND THE CITY OF CHULA VISTA GENERAL PLAN. 30-44 City Council Resolution Page 3 of5 The Plarming Area 12 Freeway Commercial SPA Plan area of Otay Ranch that creates vehicular-oriented freeway commercial uses and accommodates a transit station and transit right-of-way reflects the land uses, circulation system, open space and recreational uses, and public facility uses consistent with the Otay Ranch General Development Plan and Chula Vista General Plan. The PFFP and AQIP implement the General Plan and GDP policies concerning thresholds and improvements to air quality. B. THE SECTIONAL PLANNING AREA PLAN WOULD PROMOTE THE ORDERLY, SEQUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The Planning Area 12 - Freeway Commercial SPA Plan contains provisions and requirements to ensure the orderly, phased development of the Project. The PFFP specifies the public facilities required by the Freeway Commercial in order for it to function properly and not become a public burden, and also the regional facilities needed to serve it. C. THE SECTIONAL PLANNING AREA PLAN WOULD NOT ADVERSELY AFFECT ADJACENT LAND USE, RESIDENTIAL ENJOYMENT, CIRCULATION OR ENVIRONMENTAL QUALITY. The land uses within Otay Ranch, Planning Area 12 - Freeway Commercial Sectional Plarming Area (SPA) Plan are designed with a 75-foot landscaped enhancement buffer along adjacent arterials. The project will provide a variety of vehicle-oriented freeway commercial land uses to serve nearby and regional residents and accommodates a transit station and right-of-way, as required by the Otay Ranch General Development Plan. A comprehensive street network serves the project and provides for access to off-site adjacent properties. The proposed SPA Plan follows all existing environmental protection guidelines and will avoid unacceptable off-site impacts through the provision of mitigation measures specified in the Otay Ranch, Plarming Area 12 - Freeway Commercial Final Second-Tier Environmental Impact Report (FEIR 02-04). The AQIP implements the GreenStar energy conservation program. D. IN THE CASE OF INSTITUTIONAL, RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION AND OVERALL PLANNING TO THE PURPOSE PROPOSED, AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. 30-45 City Council Resolution Page 4 of5 The Planning Area 12 - Freeway Commercial SPA Plan includes on Freeway Commercial land use, which is considered appropriate for the area, location, and overall plarming for the area in that such uses are called for in the GDP. They have also been evaluated for their adverse land use effects on proposed surrounding development and none have been identified. . E. THE STREET AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. The circulation system depicted in the SPA Plan is consistent with the Circulation system identified on the City's General Plan and Otay Ranch General De,-:elopment Plan and contains adequate intemal circulation consistent with the policies of the Otay Ranch General Development Plan and the City's General Plan. Road improvements will be constructed per the timing and threshold requirements outlined in the Planning Area 12 - Freeway Commercial SPA Plan PFFP. . F. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ECONOMICALLY AT THE LOCATION PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION. The location of the proposed vehicular-oriented freeway commercial project in the Planning Area 12 - Freeway Commercial is consistent with the goals and policies of the Otay Ranch General Development Plan and the City's General Plan. G. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The Planning Area 12 - Freeway Commercial SPA Plan is consistent with the approved plans and regulations applicable to surrounding areas, and therefore said development can be plarmed and zoned in coordination and substantial compatibility with said development. The proposed Planning Area 12 - Freeway Commercial SPA Plan is consistent with the Otay Ranch General Development Plan and Chula Vista General Plan, as amended. VI. CONDITIONS OF APPROVAL The City Council hereby approves the Amendment subject to the conditions set forth in Exhibit "A", attached hereto and incorporated in the Project, which the conditions of City Council Resolution 2004-300 adopted by the City Council on September 14, 2004. 30-46 City Council Resolution Page 5 of5 VII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the forgoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, and any of such conditions fail to be so implemented and maintained according to the their terms, the City shall have the right to revoke or modify all administrative approvals granted, deny or further condition issuance of all future building permits, deny, revoke or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel compliance and/or seek damages for their violations. In addition to the foregoing, the City shall have the right to pursue available procedures to rescind legislative approvals for the Proj ect. Developer or successor in interest gains no vested rights by the City approval of this Resolution. VIIL INVALIDITY It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every term provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by the court of competent jurisdiction to be invalid, illegal or unenforceable, the City Council shall retain its sole discretion to determine how to correct any deficiencies identified by the court, which may involve the revision of terms, provisions or conditions not otherwise affected by the Court order. Presented by Approved as to form by James Sandoval Director of PI arming and Building Attachments: Exhibit A Exhibit B 30-47 ~ ~ ~ \. ..v/ \:(' :~'~<:"~' ^~ ~~~ ~, ~~'" .\ ' \ ~\ \'/',,- " ''', x ~ "'~/'¡ \ .~~ . "'. . <~" \ /" / l ','-'" /' ", 'K ç::::¡,t;;;-----".,'\ '/ ,,~I...-< ''\t'' "Ì' R;iÞ.n:mffiíID~'·'., ,\ '< " \, .-'?""~ Y", ~ '\ &/i1TtmD~:,\ \ \\::, \, '... ~ ~ /' , " IIIIII!IIIIO I \ '\ . ~\ \\ " Wlllllllln o~ )/./ \\ \ 1111111'\11111 \\. '~' \~\ \ /IIIIIIIIIIIIJ ~ \ \ 1II1I111111 \ II , . \ IIIII!IIIIIIIJ / ~, \ II11I11111 \ \ I r1 FC- 2 \ r------- #~··PROJECT \ \ LOCATION \ \~ CJ !8~!8~!8~ ~!8~!8~ :ìD!8~ g; ~8!8~~~!81 ~ ~SJIE§¡¡§ 0: Village 6 ~ Z;~ ~'-'(]t:!~& (~~~~ fiiÆ J ~= '" ~ . , gIuz¡ '" ¡,c: Q¡¡¡jJ lJ'~ '" I / ,i:::::ï'~' 'f 12i/j: ~ ,~ . w I !!lg. . '" , . => - ~ => vy u. ~ , i ( \, / ----------. CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Freeway Commercial SPA Plan PROJECT DESCRIPTlON: ø APPLlCAN1ò Genera Growth Properties, Inc. MISCELLANEOUS PROJECT Eastlake Parkway Request Proposal for a SPA Amendment for a retail development within ADORESS; & Olympic Parkway the otay Ranch Planning Area 12. Freeway Commercial site. Tentative SCALE; FILE NUMBER: Subdivision Map and Condtional Use Permit for movie theater. NORTH No Scale PCM-04-15A Related Cases; PCS-05-02, PCC-05-13 EXHIBIT A ,",u "TV J.\plannlng\carlos\locators\pcm0415a.ror 10.05.04 EXIllBIT "B" OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN AMENDMENT CONDITIONS OF APPROVAL GENERAL PROVISIONS 1. All of the terms, coVenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". "Owners" refers to the property owners whose land is contained in the Freeway Commercial SPA Plan. "Project" shall mean the amendment to the Planning Area 12-Freeway Commercial Sectional Planning Area (SPA) Plan. The conditions of approval applicable to the Applicant contained herein supersede previous SPA plan conditions approved by the City Council on April 1, 2003. 2. If any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all administrative approvals to which the term, covenant, or condition applies, including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel compliance with said conditions and/or seek damages for their violation. In addition to the foregoing, the City shall also have the right to pursue all available procedures to rescind legislative approvals for the "Project." The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given an opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. 3. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges environmental review for the Project. Applicant and Owners shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attomey's fees, arising from challenges to_entitlements and approvals issued by the City in connection with the Proj ect. 4. Approval of the Otay Ranch Freeway Commercial SPA Plan does not constitute approval of the final lot configurations, grading, or street designs shown within the SPA plan. Modifications must be reviewed and approved by the City Engineer and Director of Plarming and Building, the Planning Commission and/or the City Council during the tentative subdivision map process. 5. The Applicant and Owners shall comply with all requirements, guidelines, and policies of the City of Chula Vista including, but not limited to the following: its General Plan; the City's Growth Management Ordinance; Otay Ranch General Development Plan; Otay Ranch Resource Management Plan; Overall Design Plan; Otay Ranch Freeway Commercial Final Environmental Impact Report (EIR) and addendum, Otay Ranch Freeway Commercial Sectional Plarming Area (SPA) Plan as amended, PC District Regulations, Design Plan and supporting documents including: Freeway Commercial 30-49 - -- -------.-'-- ..---.----.----.-.----.- Public Facilities Finance Plan; and the Air Quality Improvement Plan, Water Conservation Plan, and Non-Renewable Energy Conservation Plan. . 6. The Applicant and Owners_shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18146 by the City Council on October 22, 1996 ("Conveyance Agreement"). ENVIRONMENTAL 7. The Applicant and Owners shall implement, to the satisfaction of the Director of Planning and Building, all environmental impact mitigation measures identified in Final EIR 02-04 (SCH#1989010154), the candidate CEQA Findings and Mitigation Monitoring Program (Final EIR 02-04) for this project. (Planning and BuildingfJ . 8. The Applicant and Owners shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) approved by the City Council on October 28, 1993, and Phase 2 Resource Management Plan (RMP2), including the Preserve Conveyance Schedule, as approved by City Council on June 4, 1996, or as amended from time to time, and shall enter into an agreement with the City prior to the approval of the first Final Map for the Freeway Commercial project, in order to implement the provisions of the Phase 2 Resource Management Plan. (Planning and Building) 9. The Applicant and Owners shall convey fee title, or upon the consent of the Preserve OwnerlManager (POM) and any lien holder, an easement restricting use of the land to those permitted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant and Owners shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination carmot be obtained, the Applicant and Owners shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM.shall also be conveyed. Where an easement is granted, each tentative map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant and Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each final map for an amount of land equal to the final map's obligation to convey land to the Preserve. The Applicant and Owners shall maintain and manage the offered conveyance parcel consistent with the Phase I and 2 RMP guidelines until such time when the POM has accepted the conveyance parcel. (Planning and Building) 10. The Freeway Commercial project shall be included in the Preserve Maintenance District (Community Facility District 97-2) prior to the first fmal map and to the satisfaction of the City Engineer and the Director of Planning and Building. (Engineering, Planning and Building) Page 2 of7 30-50 11. The Applicant and Owners shall obtain any necessary permits and comply with any applicable requirements of the California Department of Fish and Game, the U.S. Department of Fish and Wildlife, and the U.S. Army Corps of Engineers. If required, Developer(s) shall apply for and receive a take permit/authorization from the U.S. Department of Fish and Wildlife or comply with the approved City of Chula Vista MSCP Subarea Plan or other equivalent take permit-authorization applicable to the project. DESIGN 12. The architectural style of the two Design Review Planning Areas shall be compatible and consistent with each other. While variation is encouraged for individual identity of each Plarming Area, the two Planning Areas shall be compatible in building scale, proportions, mass and form; building and roofing materials and colors; lighting; and hardscape and landscape design and materials. Applicants shall prepare plans for Design Review Committee analysis that will enable the Design Review Committee to fmd that these plans are consistent with the Freeway Commercial SPA Design Guidelines. Rear elevations adjacent to public right-of-way or adjacent property shall have architectural treatment consistent with the front elevations. 13. Design features that promote pedestrian circulation shall be promoted over auto-oriented design. Pedestrian enhanced intersections shall be provided at all controlled intersections within the Freeway Commercial projects to the satisfaction of the City Engineer and Director of Plarming and Building. Enhancements shall include enhanced paving in pedestrian crosswalks, neckdowns, and other traffic calming measures. 14. Public spaces in the form of plazas or squares shall be provided in each Design Review Plarming Area. 15. The Applicants and Owners shall install all public street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code. All street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Street trees, which have been selected from the revised list of appropriate tree species described in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and Director of Pùblic Works. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary street improvement plans that show the location of all futures street trees, which will be subject to the review and approval of the Director Building and Park Construction and the Director of Planning and Building. Applicant( s) will maintain street tree identification staked in location as shown on approved preliminary plans until all dry utilities are in place. A street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Plarming and Building and the City Engineer prior to or concurrent with the second submittal of street improvement plans within the Freeway Commercial project. Approval of the street tree improvement plans shall constitute fmal approval of the selection of street trees for the street parkways. (Planning and Building, Engineering, Building and Park Construction. Page 3 of? 30-51 _n·_~_····___________~·__·_·_____ 16. Applicant(s) shall provide a 200-space Park-and-Ride facility in the FC-l area adjacent to the Transit Station. Applicant(s) shall provide safe convenient access for pedestrians to travel between the Transit Station and the Park-and-Ride facility. PUBLIC FACILITIES, UTILITIES, IMPROVEMENTS AND PHASING 17. The Applicant and Owners shall provide a conceptual design and depict locations of neck -downs or other traffic-calming designs at controlled intersections described and depicted in the Freeway Commercial SPA Plan at Streets "A", "B" and "c" for review and approval by the City Engineer and Director of Plarming and Building prior to approval of the appropriate tentative map for the Freeway Commercial project. . 18. The Applicant and Owners shall comply with the Fire Department's codes and policies for Fire Prevention, as amended ftom time to time. 19. The Applicant and Owners shall obtain approval from the City Engineer and the Director of Planning and Building for all proposed street names within the Freeway Commerical project prior to the approval of the Tentative Map. Approved street names shall be shown on Tentative Map. . 20. The Applicant and Owners shall provide the water and recycled water improvements in accordance with the SAMP or as amended by the Applicant and Owners and approved by Otay Water District and the City. The SAMP shall be consistent with the Freeway Commercial SPA Plan. The Applicant and Owners shall be responsible for obtaining the approval of any amendment to the Freeway Commercial SPA SAMP in order for the Freeway Commercial SPA SAMP to be consistent with the approved SPA Plan prior to the approval of the first final map for the Freeway Commercial project. 21. Prior to approval of each tentative map and/or site plan by the Design Review Committee, whichever occurs first, Applicant and Owners shall demonstrate compliance with the City of Chula Vista Storm Water and Discharge Control Ordinance and the National Pollutant Discharge Elimination System (NPDES) Municipal Permit and the City ofChula Vista SUSMP. Applicant and Owners shall obtain the approval of the City Engineer of a report that includes the following elements: a. Description ofproject characteristics, site conditions, and flow patterns, pollutants emanating from the project site, and conditions of concern. b. Description of site design and source control BMPs considered and to be implemented. c. Description of applicable treatment control BMPs considered and to be implemented to reduce or treat the identified pollutants. Treatment control BMPs may be selected from those post-construction BMPs analyzed in the Water Page 4 of7 30-52 Quality Report prepared by Rick Engineering or similar type of BMPs as approved by the City Engineer. d. Justification for selection of the proposed treatment control BMP(s) including I) targeted pollutants, justification, and alternative analysis, 2) design criteria (including calculations), 3) pollutants removal information (other than vendors specifications), and 4) literature references. e. Site plan depicting locations of the proposed treatment control BMPs; and f. Operation and maintenance plan for the proposed treatment control BMPs. (Engineering) 23. The Commercial Promenade in FC-2 shall meet the adopted Otay Ranch EntryNillage Entry standards (CVD-ST32) to the satisfaction of the City Engineer with a design speed of 35 mph (posted at 25 mph) and dimensions as modified by the Street Section provided in the SPA Plan. Parking on this facility will be allowed as determined by the City Engineer subj ect to sight distance requirements. All details of the Commercial Promenade Streets will be subject to approval by the City Engineer at the tentative map and [mal design stages to ensure compliance with the functional and safety standards of all public streets. 24. The following language to be added to section VI. Development Phasing: a. If developer proposes multiple building permits within a Plarming Area, the developer shall submit and obtain approval of a development phasing plan for said Planning Area by the City Engineer and Director of Planning and Building prior to issuance of any building permit within said Planning Area. The phasing plan shall include: b. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers, and proposed building square footage in each phase; and· c. A table showing the phase number, the lots included in the phase and the proposed building square footage included in each phase. d. Improvements, facilities and dedications to be provided with each phase shall be determined by the City Engineer and Director of Planning and Building. 25. The City reserves the right to require circulation improvements, facilities and/or dedications as necessary on-site within the SPA Plan to provide adequate circulation and to meet the circulation requirements of Police and Fire Departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvements and construction should conditions change to warrant such revisions(s). All improvements shall be guaranteed prior to the issuance of building permits. Page 5 of7 30-53 26. Prior to the approval of the tentative map or site plan by the Design Review Committee, which ever occurs first, the Applicant shall obtain the City Engineer's approval of: a. an internal traffic study that analyzes: i. Emergency vehicle access, ii. proposed lane configuration queuing, striping and safe sight distance at internal intersections and, iii. BR T line crossings and impacts on internal intersections and road crossings. b. the proposed lane transitions and striping of: 1. Birch Road (6 to 4 lanes) at the intersection of Birch Road and Eastlake Parkway, 11. Eastlake Parkway and Kestrel Falls lll. Commercial promenade and Olympic Parkway and the project intemalloop road AGREEMENTS/FINANCIAL 25. The Applicant and Owners shall implement an agreement to implement the Air Quality Improvement Plan (AQIP) measures contained in the Sectional Plarming Area (SPA) Plan and to comply and remain in compliance with the AQIP. Implementation Measures II.7.6 must specify the project commitment consistent with the Non- Renewable Energy Plan as follows: a. Energy efficient lighting fixtures and day lighting (skylights) systems. Use of T8 low-mercury florescent lamps and electronic ballasts. b. Use of energy efficient heating and cooling equipment, limiting windows and use of energy management systems. c. Recycling facilities for commercial users. d. Passive solar design and building orientation. e. Use of cool roofing materials (white roof design). f. Enhanced landscaping to shade street and parking areas. g. Pedestrian routes and pedestrian oriented design features provided within the project along the internal streets. h. Bicycle and electric cart facilities. 1. A public transit right-of-way alignment, transit station and park-and-ride facility. 28. The Applicant and Owners shall implement an agreement to implement the Water Conservation Plan (WCP) measures contained in the Sectional Planning Area (SPA) Plan and to comply and remain in compliance with the WCP. 29. The Project shall pay its fair share fees as part of any future regional impact fee program for regional facilities as defined in the GDP/SRP, should such a fee program be enacted prior to the issuance of building permits for the project. Page 6 of7 30-54 MISCELLANEOUS 30. Prior to issuance of any permit pursuant to the adopted Freeway Commercial SPA Plan, the Applicant shall submit the entire adopted document in an electronic file format acceptable to the Director of Management and Information Services. Said file shall be in the format of Microsoft Word 2000, or current version acceptable to the City of Chula Vista, at the time of the adoption of the Freeway Commercial SPA Plan. Any exhibits as part of said SPA Plan (Maps, Plans, etc.), which are not in Microsoft Word format, shall be submitted in a format acceptable to the City of Chula Vista, Director of Management and Information Services. 31. Within 30 days of the City Council's action on the Project, documents, the Applicant shall submit to the Planning and Building Department, ten (10) sets of all final SPA documents, each set in a three-ring plastic binder and in a format as prescribed by City staff. PHASING 32. Each Applicant and Owner shall file an initial master final map covering each owner's respective entire ownership area within the project, which creates lots corresponding to the units and phasing or combination of units and phasing thereof. The master final map may contain individual lots shown on the tentative map. If said lots do not show individual lots depicted on the approved tentative map, a subsequent final map shall be filed for any lot, which will be further subdivided. All lots created shall have access or an easement to a dedicated public street. Backbone facilities shall be guaranteed prior to approval of the related Final Map. The Applicant shall secure the installation of improvements in a form and amount determined by the City Engineer prior to approval of the Final Map. Page 7 of7 30-55 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TENTATIVE SUBDIVISION MAP FOR 86.9 ACRES OF THE OTAY RANCH FREEWAY COMMERCIAL SECTIONAL PLANNING AREA (SPA) PLAN-CHULA VISTA TRACT 05- 02. WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached to City Council Resolution and described on Chula Vista Tract 05- 02, and is commonly known as Otay Ranch Freeway Commercial Tentative Map, ("Property"); and, WHEREAS, a duly verified application for the subdivision ofthe Property in the fo= of a tentative subdivision map known as "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", ("Project"), was filed with the City of Chula Vista Planning and Building Department on July 29,2004 by General Growth Properties, ("Applicant"); and, WHEREAS, the application requests the approval for the subdivision of approximately 86.9 acres of land located west of Eastlake Parkway and south of Olympic Parkway and north of Birch Road within Otay Ranch Freeway Commercial SPA into 7 lots; and WHEREAS, the development of the Property has been the subject matter of the Otay Ranch General Development Plan ("GDP") previously approved by the City Council on October 28, 1993 by Resolution No. 17298, and as amended on November 10, 1998 by Resolution No. 19253 ("GDP Resolution") wherein the City Council, in the environmental eVi;\luation of said GDP, relied in part on the Otay Ranch General Development Plan, Final Environmental Impact Report No. 90-01, SCH #9010154 ("Program FEIR 90-01"); and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 02-04 and addendum. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subsequent document have occurred; and, WHEREAS, the Plarming Commission set the time and place for a hearing on said "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", (PCS-05-02) and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. on November 10, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the Planning Commission recommended approval of the Project and said hearing was thereafter closed; and 30-56 City Council Resolution No. Page 2 of5 WHEREAS, a public hearing was scheduled before the City Council of the City of Chula Vista on proposed "Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02", (PCS-05-02) and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, resolve and order as follows: 1. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on November 10, 2004, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision makers, and all documents identified in Public Resources Code Section 21167.8, shall comprise the entire record of the proceedings for any Califomia EnviroIUnental Quality Act (CEQA) claims. II. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in Second-Tier Final EIR 02-04 and addendum would have no new effects that were not examined in the said Final EIR (Guideline 15168 (c)(2» III. ACTION The City Council hereby approves the resolution approving the Otay Ranch Freeway Commercial Tentative Map, Chula Vista Tract 05-02, (PCS-05-02) involving 86.9 acres of land known as Otay Ranch Freeway Commercial Tentative Map in this resolution, finding it is consistent with the City of Chula Vista General Plan, the Otay Ranch General Development Plan, Freeway Commercial SPA Plan, and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support its approval and implementation. IV. TENTATIVE SUBDIVISION MAP FINDINGS Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Freeway Commercial Otay Ranch Tentative Map, Chula Vista Tract 05-02, (PCS-05-02) as conditioned, attached as Exhibit "B" to this resolution, herein for Applicant, is in conformance with all the various elements of the City's General Plan, the Otay Ranch General Development Plan and Freeway Commercial Sectional Plarming Area (SPA) Plan, based on the following: 1. Land Use The Project is in a plarmed area that provides regional commercial uses authorized by the Freeway Commercial Sectional Planning Area (SPA) Plan. 30-57 City COlrncil Resolution No. Page 3 of 5 2. Circulation All of the on-site and off-site public and private improvements required to serve the subdivision are part of the project description or are conditioned consistent with the Otay Ranch General Development Plan, and the Freeway Commercial SPA Plan. The Applicant shall construct those facilities in accordance with City and the Freeway Commercial SPA Plan standards. 3. Housing The project is entirely commercial as planned in the Otay Ranch GDP and Freeway Commercial SPA Plan and therefore has no housing component. 4. Parks. Recreation and Open Space The project is entirely commercial as planned in the Otay Ranch GDP and Freeway Commercial SPA Plan and therefore has no park requirement. 5. Conservation The Program EIR and FEIR addressed the goals and policies of the Conservation Element of the General Plan and found development of this site to be consistent with these goals and policies. The Otay Ranch Phase Two Resource Management Plan requires conveyance of 1.18 acres of land to the Otay Ranch Preserve for every 1-acre of developed land prior to approval of any Final Map. 6. Seismic Safetv The proposed subdivision is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. No seismic faults have been identified in the vicinity of the Project according to the Otay Ranch Planning Area 12 - Freeway Commercial SPA Geotechnical Reconnaissance Report. 7. Public Safetv All public and private facilities are expected to be reachable within the threshold response times for fire and police services. 8. Public Facilities The Applicant will provide all on-site and off-site streets, sewers and water facilities necessary to serve this Proj ect. The developer will also contribute to the Otay Water District's improvement requirements to provide terminal water storage for this Project as well as other major projects in the eastern territories. 30-58 City Council Resolution No. Page 4 of5 9. Noise The Project is not a sensitive receptor, however, all buildings are required to meet the standards of the Unifonn Building Code with regard to acceptable interior noise levels. 10. Scenic Highway The roadway design provides wide landscaped buffers along Olympic Parkway, the only General Plan, Otay Ranch GDP scenic highway adjacent to the Project. 11. Bicvc1e Routes The Project is required io provide on-site bicycle routes on Olympic Parkway, EastLake Parkway and Birch Road as indicated in the regional circulation system of the General Plan and the Otay Ranch GDP. 12. Public Buildings Public buildings are not proposed or required on the Project site. The conditions herein imposed on the grant of pennit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the proposed development. V. CONDITIONS OF APPROVAL The City Council hereby approves the Project subject to the conditions set forth in Exhibit "B", attached hereto. The conditions set forth in Exhibit B supercede all previous tentative map conditions for the Property. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their tenns, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their tenns, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building pennits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. VII. INVALIDITY It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every tenn, provision and condition herein stated; and that in the event that anyone or more tenns, provisions, or conditions are detennined by a 30-59 City Council Resolution No. Page 5 of 5 Court of competent jurisdiction to be invalid, illegal or unenforceable, the City Council shall retain its sole discretion to determine how to correct any deficiencies identified by the court, which may involve the revision of terms, provisions or conditions not otherwise affected by the Court order. Presented by Approved as to form by ~ AA-- J ames A Sandoval Director of Planning & Building Attachments: Exhibit A Exhibit B 30-60 ~ ~ \ ~" ~~, ~,~, "-'- ;:::::;.c---..~'\ . @0mml!\\J1~ 0/ \ \ \ ! \ I [I~\ IIIIII!!III\) III\!IIIIIIII ! III 1 III : ! 1m I 11111111111] 11111111111\11 IIIIIIIIIIIIIJ I1I1II111 I \ II \ 1J o ~~~~~~ ~~~~~ 0D~ ~ 131 t,8~~1ã~~~ ~ ~BI\E~~~ ~ Village 6 ~ t~ ~uot}J& . ~:9:Jg ;~::: äM &m ~s!i}~ = ,~~ R!!!E ¡.'-~~ /;:::/0,,~ 1/:::1, --.¡ .",. . 1/ .£::/¡. ,f::::;'/:sþ '~'F:! S:i! &gØj ~ . , ¡ , I i \ \ \ \ \ / -------........ "' ~/ \~. ". " FC-2 ~ , , , , , , , , , , , , , , , , , , , : ' ~s.o'. ',-------- "cs- -------:---- ---- , ;--;;' Muftiolex \: Theater , :: " " " f :: " " " f :: " " " I :: " " " 1 :: " " " " ~ \\ I, Il' \' f, ~\\ ----------/,: " ------ .--- - " ~ --------::-..---:::------- ': ~~------- \: :: ~ I II ~ BirchRd : \ - -- N -'. \ , :.._---~ .,.- , \ 1 . , .' pCC-OS·o\,3 \ \ , .~---- co ~ ---, ,- ., " " " " " " " " " " " w '" FC-l ::> ~ ::> \~ #-:··'ROJECT \ \ LOCATION \ \~ / CHULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Freewar Commercial SPA Plan PROJECT DESCRIPTION: Œ) APPLICANT: Genera Growth Properties. Inc. MISCELLANEOUS PROJECT Easijake Parkway Request Proposal for a SPA Amendment for a retail development within ADDRESS: & Olympic Parkway the Otay Ranch Planning Area 12. Freeway Commercial sile. Tentative SCALE: FILE NUMBER: Subdivision Map and Condtional Use Permit for movie theater. I NORTH No Scale PCM-04-15A Related Cases: PCS.QS-02. PCC-05-13 EXHIBIT A VV U-I J:\plannlng\carlos\locators\pcm0415a.cdr 10.05.04 City Council Resolution No. Page6of5 J :\P!anning\Otayranch\Freeway Commercial SPA \General Growth\FCml_ TM _ CC _ ResQ.doc 30-62 EXHIBIT B GENERAL/ PRELIMINARY 1. The following conditions of approval are based upon the project having one Final Map for the entire subdivision, which shall be referenced hereinafter as "Final Map". Unless otherwise specified, all conditions and code requirements listed below shall be fully completed to the City's reasonable satisfaction prior to approval of the Final Map. (Engineering) 2. All of the terms, covenants and conditions contained herein shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. For purposes of this document the term "Developer" shall also mean "Applicant". "Owners" refers to the property owners whose land is contained in the Freeway Commercial SPA Plan. "Project" shall mean the amendment to the Plarming Area 12-Freeway Commercial Sectional Planning Area (SPA) Plan. The conditions of approval applicable to the Applicant contained herein supersede previous SPA plan conditions approved by the City Council on April I, 2003. (Engineering, Planning & Building) 3. Applicant shall comply, remain in compliance, and implement the terms, conditions and provisions, as are applicable to the Property of: I) Otay Ranch General Development Plan (GDP); 2) Freeway Commercial Sectional Planning Area (SPA) Plan (as amended); 3) Final Environmental Impact Report (EIR) for the Freeway Commercial (EIR 02-04 and addendum to EIR 02-04; 4) Freeway Commercial Public Facilities Financing Plan approved by the City Council on November 9, 2004 and the Freeway Commercial Plarmed Community District Regulation and Land Use Map approved by City Council Ordinance No. 2977 on September 21,2004. The Applicant shall enter 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 to comply with the above regulatory documents. Said Agreement shall also ensure that, after approval of the Final Map, the Applicant will continue to comply, remain in compliance, and implement such Plans. (Planning & Building) 4. Applicant shall submit and obtain the approval of the City of a Final Map containing the entire Project's area showing lots corresponding to the lots on the Tentative Map. Said Final Map shall also show open space lot dedications, the backbone street dedications and utility easements required to serve the lots created by this Final Map. All lots created by this Final Map shall have access or be provided an access easement to a dedicated public street. A lot line adjustment, if utilized in accordance with City standards and procedures, shall not be considered the Final Map. (Engineering) 5. In the event of a filing of a Final Map which requires oversizing of the improvements necessary to serve other properties, said Final Map shall be required to include the installation of all necessary improvements to serve the project, plus the necessary improvements for oversizing of facilities required to serve such other properties. At the request of Applicant, City shall consider formation of a reimbursement district or any other reimbursement mechanism in accordance with the restrictions of State Law and City ordinances. (Engineering) 30-63 Attachment 5 6. If Applicant desires to do certain work on the property after approval of the Tentative Map, but prior to recordation of the applicable Final Map, he may do so by obtaining the required approvals and permits from the City. The permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies. Said permits do not constitute a guarantee that subsequent submittals (i.e., grading or improvement plans) will be approved. All work performed by the Applicant prior to approval of the applicable Final Map shall be at Applicant's own risk. Prior to issuance of a grading and/or construction permit, the Applicant shall acknowledge in writing that subsequent submittals (i.e., grading or improvement plans) may require extensive changes, at Applicants cost, to work done under such early permit. Prior to the issuance of a permit, the Applicant shall post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable Final Map does not record (Engineering) 7. If any of the terms, covenants or conditions contained herein shall fail to occur, or if they are, by their terms, to be implemented and maintained over time, and if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all administrative approvals to which the term, covenant, or condition applies, including issuance of building permits; deny, or further condition the subsequent approvals that are derived ftom the approvals herein granted; institute and prosecute litigation to compel compliance with said conditions and/or seek damages for their violation. The Developer shall be notified ten (10) days in advance prior to any of the above actions being taken by the City and shall be given an opportunity to remedy any deficiencies identified by the City within a reasonable and diligent time frame. (Engineering, Planning & Building) 8. Applicant shall indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including reasonable attorney's fees, arising ftom challenges to to environmental review for the "Project." Applicant and Owners sháll indemnify, protect, defend and hold the City harmless ftom and against any and all claims, liabilities and costs, including reasonable attorney's fees, arising from challenges to entitlements and approvals issued by the City in connection with the Project. (Engineering, Environmental. Planning & Building) 9. Any and all agreements that the Applicant is required to enter into hereunder shall be in a form approved by the City Attorney. (City Attorney) 10. The subsequent development of a parcel which does not require the filing of a subsequent Final Map shall meet, prior to issuance of a building permit for that parcel, all the applicable conditions of approval of the Tentative Map Conditions, as determined by the City Engineer and Director of Planning and Building. (Planning and Building, Engineering) 11. Unless otherwise specified, "dedicate" means grant the appropriate easement, rather than fee title. Where an easement is required, the Applicant shall be required to provide subordination of any prior lien holders in order to ensure that the City has a first priority interest in such land unless otherwise excused by the City. Where fee title is granted or dedicated to the City, said fee title shall be free and clear of all encumbrances, unless otherwise excused by the City. 12. The applicant shall comply with all applicable Freeway Commercial SPA conditions of approval, (PCM 04-15) as may be amended ftom time to time. (Planning and Building) 30-64 .---.------- ----_.._-~-_.._.. . 13. The applicant shall comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"). (Planning and Building) 14. Prior to approval of the Final Map, Applicant shall submit and obtain approval of a revised Otay Ranch Plarming Area 12IFreeway Commercial (C.V.T. 05-02) Maintenance Responsibility Map for the Project from the Director of Planning and Building and the City Engineer, which shall include delineation of private and public property. A digital copy of the Maintenance Responsibility Map shall be submitted to the City prior to approval of said Final Map to the satisfaction of the City Engineer. (Planning and Building, Engineering) 15. Prior to approval of the applicable site plan by the Design Review Committee, Applicant shall demonstrate to the satisfaction of the City Engineer and Director of Plarming and Building that the proposed site plan design incorporates the following features: . 1. All right in/out locations provide for straight through circulation without the blocking of any parking spaces; and 2. Ensure that internal circulation will limit vehicular egress at the right in/right out access proposed along EastLake Parkway to the satisfaction of the City Engineer. ENVIRONMENTAL/PRESERVATION 16. The Applicant shall comply with all applicable requirements of the California State Water Resources Quality Control Board. (Planning and Building) 17. Implement, or cause the implementation of all mitigation measures pertaining to the Project identified in the Final Environmental Impact Report (EIR) for the Freeway Commercial (ElR 02-04) and addendum. Any such measures not satisfied by a specific condition of this Resolution or by the project design shall be implemented to the satisfaction of the Director of Plarming and Building. (Planning & Building) 18. Applicant shall comply with all applicable requirements of the California Department of Fish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Applicant shall comply with all applicable requirements prescribed in the Otay Ranch GDPIFreeway Commercial Environmental Impact Report EIR 02-04 (SCH #1989010154), and Mitigation Monitoring and Reporting Program. If any permits are required to be obtained by Applicant, Applicant shall obtain said permits with applicable agencies in consultation with the City. Applicant shall obtain said permits with applicable agencies in consultation with the City. 19. The Applicant shall comply with the take permit/authorization from the U.S. Fish and Wildlife Service and California Department of Fish and Game, arid comply with the approved City of Chula Vista MSCP Subarea Plan. (Planning and Building) 20. Applicant shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) as approved by City Council on June 4,1996, and 30-65 as may be amended from time to time by the City. (Planning and Building) 21. The applicant shall comply with the requirements and policies of the Otay Ranch Resource Management Plan "Preserve Conveyance Schedule" as approved by City Council on June 4, 1996, as may be amended from time to time. (Planning and Building) 22. Simultaneously with conveyance of land to the Preserve Owner/Manager (POM) in fee title or by easement, the Applicant shall cease all cattle grazing on the land to be conveyed. In addition, the Applicant shall ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas carmot access the land being conveyed. (Planning and Building) 23. Prior to the approval of the Final Map for the Project, the Applicant must demonstrate to the satisfaction of the City Engineer and the Director of Planning and Building that the entire Project has been armexed into C.F.D. 97-02 for the maintenance, management, and monitoring of the Otay Ranch Preserve per the requirements of the Otay Ranch Resource Management Plan (RMP), Phase 2. (Engineering, Planning and Building) 24. The Applicant and Owners shall convey fee title, or upon the consent of the Preserve Owner/Manager (POM) and any lien holder, an easement restricting use of the land to those pe=itted by the Otay Ranch Resource Management Plan (RMP), to the POM upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to convey land to the Preserve. Where an easement is conveyed, the Applicant and Owners shall be required to provide subordination of any prior lien holders in order to ensure that the POM has a first priority interest in such land. Where consent and subordination carmot be obtained, the Applicant and Owners shall convey fee title. Where fee title or an easement is conveyed, access to the satisfaction of the POM shall also be conveyed. Where an easement is granted, each Tentative Map is subject to a condition that fee title shall be granted upon demand by the POM. The Applicant and Owners shall irrevocably offer for dedication to the City or its designee, fee title, upon the recordation of each Final Map for an amount of land equal to the Final Map's obligation to convey land to the Preserve. The Applicant and Owners shall maintain and manage the offered conveyance parcel consistent with the Phase 1 and 2 RMP guidelines until such time when the POM has accepted the conveyance parcel. (Planning and Building) SUBDIVISION DESIGN 25. Prior to the issuance of any rough grading pe=it proposing to grade individual lots and/or public streets for the Project, Applicant shall submit a study showing that all curb returns for any intersection proposed to have centerline grades in excess of four percent, located within the permit boundaries comply with ADA standards at the front and back of sidewalks to the satisfaction of the City Engineer. (Engineering) 26. Install all street trees on public streets in accordance with Section 18.28.010 of the Chula Vista Municipal Code, the City' s Landscape Manual and approved cross-sections in the Otay Ranch Planning Area 12/Freeway Commercial SPA Plan; or as otherwise approved by the Director of General Services and Director of Public Works Operations. Applicant agrees to provide any and all special tree installation conditions as requested by the Director of General Services. 30-66 Street trees shall be shown on street landscape and irrigation plans submitted for approval by the Director of General Services and the Director of Public Works Operations prior to, or concurrent with the second submittal of street improvement plans within the subdivision. Approval of the street tree improvement plans shall constitute final approval of the species selection of street trees. Location of trees and planters shall be contingent upon the location of street signs. Under no circumstance shall a tree or shrub block the visibility of any street sign, regulatory, warning or guide traffic signs. (Public Works, General Services) 27. Any proposed monument signage shall be consistent with the Freeway Commercial SPA and Freeway Commercial Design Plan, as amended, and shall be reviewed and subject to the approval of the Director of Planning and Building prior to approval of the appropriate Final Map. (Planning and Building) 28. . . STREETS. RIGHTS-OF-WAY & PUBLIC IMPROVEMENTS Provide security in accordance with chapter 18.16 of the Municipal Code, and construct full improvements for all public improvements shown on the Tentative Map within the subdivision boundary or off-site, as deemed necessary by the City Engineer to provide service to the subject subdivision, in accordance with Chula Vista Design Standards, Chula Vista Streets Standards, Chula Vista Subdivision Manual, and approved Tentative Map, unless otherwise approved by the City Engineer. Said public improvements shall include, but are not limited to, asphalt concrete pavement, base, curb, gutter and sidewalk, sewer, drainage facilities, water quality BMPs, street lights, traffic signals, signs, striping, fire hydrants and transitions to existing improvements in the marmer required by the City Engineer. If improvement plans have been approved by the City, the amount of the security for the above noted improvements shall be 110% of the construction cost estimate approved by the City Engineer. If improvement plans are being processed, 150% of approved cost estimate. Or, if improvement plans are not being processed by the City, 200% of construction cost estimate approved by the City Engineer. A lesser percentage may be required if it is demonstrated, to the satisfaction of the City Engineer, that sufficient data or other information is available to warrant such reduction. (Engineering) 29. If Applicant proposes multiple building permits, Applicant shall submit and obtain approval of a development phasing plan ftom the City Engineer and Director of Planning and Building priÇJr to issuance of any building permit. The phasing plan shall include: a. A site plan showing the lot lines and lot numbers, the phase lines and phase numbers, and proposed building square footage in each phase; and b. A table showing the phase number, the lots included in the phase and the proposed building square footage included in each phase. Improvements, facilities and dedications to be provided with each phase shall be determined by the City Engineer and Director of Planning and Building. The City reserves the right to require improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the circulation requirements of Police and Fire Departments. The City Engineer and Director of Plarming and Building may, at their discretion, modify the sequence ofimprovements and construction should conditions change to warrant such revisions(s). (Engineering, Planning and Building) 30-67 30. Applicant shall enter into an agreement with the City to accomplish the following: a. Construct and secure all the street improvements identified in Table A below; b. Complete to the satisfaction of the City Engineer said street improvements or that portion thereof serving any building or structure ready for occupancy prior to issuance of any certificates of clearance for utility connection for said building or structure. (Engineering) Table A Public Streets Re uired to be Constructed b Description Exclusive right turn lanes into the Project along EastLake Parkwa Town Center Drive from Olympic Parkway to FC-2 ro e line Birch Road from SR-125 to EastLake Parkway 31. Design all public street vertical and horizontal curves and intersection sight distances to conform to the CalTrans' Highway Design Manual and City Standards. All streets, which intersect other streets at or near a horizontal or vertical curve, shall meet intersection design sight distance requirements in accordance with City Standards. When a conflict between the CalTrans Highway Design Manual and adopted City standards exists, the adopted City standards shall prevail. Lighted sag vertical curves may be permitted at intersections per AASHTO standards and with approval of the City Engineer. The streets subject to this condition are: a) Public Streets i. EastLake Parkway ii. Birch Road iii. Town Center Drive b) Private Streets i. Internal ring road ii. Street "A" 111. Street "B" (from EastLake Parkway to ring road) IV. Street "C" (Engineering) 32. Construct sidewalks and pedestrian ramps on all walkways to comply with the "Americans with Disabilities Act" (ADA) standards, as approved by the City Engineer. In the event the Federal Government adopts new ADA standards for street rights-of-way which are in conflict with the standards and approvals for the Project, all such approvals conflicting with those new standards shall be updated to reflect the new standards. Unless otherwise required by federal law, City ADA standards may be considered vested, as determined by federal regulations, once construction has commenced. (Engineering) 33. Grant sight visibility easements to the City of Chula Vista as required by the City Engineer at public streets or public rights-of-way, to keep sight visibility areas clear of any obstructions. 30-68 Sight visibility easements shall be shown on grading plans, improvement plans, and Final Maps to the satisfaction of the City Engineer. Sight visibility easements shall be granted as necessary to comply with the requirements in the CalTrans Highway Design Manual and City of Chula Vista standards. (Engineering) 34. Construct, and/or provide security for traffic signal interconnect conduit and all appropriate wiring as depicted on the approved improvement plans for all proposed signalized intersections to the satisfaction of the City Engineer. (Engineering) 35. Applicant shall install all conduits and interconnect improvements for the future traffic and/or pedestrian signals associated with the proposed BRT line and stations as depicted on the approved improvement plans in conjunction with the construction of the related street improvements to the satisfaction of the City Engineer. (Engineering) 36. Prior to the Design Review Committee approval for the project, Applicant shall submit and obtain the approval of the City Engineer and Director of Planning and Building of a design for that portion of Street "B" located westerly of the internal loop road which shall identifY 1) all those onsite and offsite improvements and/or facilities that need to be constructed by Applicant for providing adequate vehicular and pedestrian circulation and 2) a conceptual design and location of neck-downs and/or other traffic calming features, as described in the Freeway Commercial SPA Plan, as amended. (Engineering, Director of Planning and Building) 37. Agree to install permanent public street name signs prior to the issuance of the first building permit for the Project (Engineering) 38. Acquire and then grant to the City all off-site rights-of-way and easements necessary for the installation of required street improvements and/or utilities, as shown on the Tentative Map. (Engineering) 39. Notify the City, at least 60 days prior to consideration of the approval of the applicable Final Map by City Council, if off-site right-of-way and easements carmot be obtained as required by these conditions. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition.) After said notification the Applicant shall: a. Pay the full cost of acquiring off-site right-of-way or easements required by the Conditions of Approval of the Tentative Map. b. Deposit with the City the estimated cost of acquiring said right-of-way or easements. Said estimate is subject to the approval of the City Engineer. c. Have all right-of-way and/or easement documents and plats prepared and appraisals complete, as necessary to commence condemnation proceeding, and as determined by the City Engineer. d. Request that the City use its powers of Eminent Domain to acquire right-of-way, easements, or licenses needed for off-site improvements, or work related to the Final Map. The Applicant shall pay all costs, both direct and indirect, incurred in said acquisition. 30-69 Items a, b, and c above shall be accomplished prior to the approval of the applicable Final Map. (Engineering) . 40. Applicant shall enter into an agreement to construct and secure all those improvements deemed necessary by the City Engineer to provide a fully actuated traffic signal including interconnected wiring at the following intersections: 1. Olympic Parkway and Town Center Drive, I!. Birch Road, and Streets "A" and "c" 111. EastLake Parkway and Street "B" IV. Birch Road and EastLake Parkway The Applicant shall fully design the aforementioned traffic signals in conjunction with the improvement plans for the related streets. (Engineering) 41. Street cross sèctions shall confo= to the cross sections shown on the Tentative Map, unless otherwise conditioned or approved herein. All other design criteria shall comply with the current Chula Vista Design Standards, Chula Vista Street Design Standards, and the Chula Vista Subdivision Manual unless otherwise conditioned or approved herein. (Engineering) 42. Submit to and obtain approval by the City Engineer of striping plans for all collector or higher classification streets simultaneously with the associated improvement plans. (Engineering) 43. Prior to approval of the Final Map, or issuance of a construction pe=it for the construction of Birch Road, Applicant shall provide evidence satisfactory to the City Engineer demonstrating that the proposed design of Birch Road meets all the Caltrans "access control" requirements. (Engineering) 44. Applicant shall comply with all the Applicant requirements of the Updated Internal Circulation Study for the Proposed Otay Town Center, dated August 13, 2004 and prepared by Darnell and Associates, and any revisions thereto approved by the City Engineer. (Engineering) 45. Provide graded vehicle access to all public sto= drain clean-outs and/or detention facilities, or implement other access solutions approved by the City Engineer. Public sto= drain clean-outs shall not be located on landscaped slopes or inaccessible areas for maintenance equipment. (Engineering) 46. Drainage shall be collected in an inlet and carried to the bottom of any slope in an underground sto= drain, if the slope is over 10 feet in height and steeper than 4:1. (Engineering) 47. Prior to approval of each grading plan, demonstrate the adequacy of existing downstream drainage facilities or include, in the grading plans, the construction of additional temporary detention facilities, to ensure that the discharges after development are conveyed by existing downstream drainage facilities to the satisfaction of the City Engineer. Applicant shall enter into an agreement with the City, where Applicant agrees to provide for the maintenance of said facilities until such time as they are replaced by pe=anent facilities approved by the City. (Engineering) 30-70 48. Construct a protective fencing system around all proposed detention and/or desilting facilities and the inlets and outlets of storm drain structures and water quality BMPs within the project, as determined by the City Engineer. The [mal fencing design and types of construction materials shall be subject to approval by the City Engineer and Director of General Services. (Engineering, General Services) . 49. Submit to and obtain approval from the City Engineer and Director of General Services of an erosion and sedimentation control plan as part of grading plans per City standards. (Engineering, General Services) 50. Locate lot lines at the top of slopes except as shown on the Tentative Map or as approved by the City Engineer and Director of Plarming and Building. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permitted to flow over slopes or onto adjacent property except as shown on the Tentative Map or as approved by the City Engineer and Director of Planning and Building. (Engineering, Planning and Building) 51. Design and construct all grading and pad elevations to be within 3 feet of the grades and elevations shown on the approved Tentative Map or as otherwise approved by the City Engineer and Director of Planning and Building. (Engineering, Planning and Building) 52. Obtain and submit to City staff notarized letters of permission for all off-site grading work prior to issuance of grading permit for work requiring said off-site grading. (Engineering) 53. Design and construct all public storm drains as close to perpendicular to the slope contours as feasible, but in no case greater than 15 degrees from perpendicular to the contours. (Engineering) 54. Provide a minimum of three (3) feet of flat ground access from the face of any wall to the beginning of the slope rounding for wall maintenance, unless otherwise approved for slopes by the City Engineer and the Director of Planning and Building. (Engineering, Planning and Building) 55. Prior to issuance of grading permits, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading outlined in the Tentative Map. (Engineering, Planning and Building) 56. Construct energy dissipaters at all storm drain outlets, as required by the City Engineer to maintain non-erosive flow velocities. (Engineering) 57. Design and construct the inclination of each cut or fill surface, resulting in a slope, to not be steeper than 2: 1 (two horizontal to one vertical), except for minor slopes as herein defined. All constructed minor slopes shall be designed for proper stability considering both geological and soil properties. A minor slope may be constructed no steeper than one and one-half horizontal to one vertical (1.5:1) contingent upon: . a. Submittal and approval of reports by both a soils engineer and a certified engineering geologist containing the results of surface and sub-surface exploration, and analysis. These results should be sufficient for the soils engineer and engineering geologist to certify that in 30-71 their professional oplIllon, the underlying bedrock and soil supporting the slope have strength characteristics sufficient to provide a stable slope and will not pose a danger to persons or property. b. The installation of an approved slope planting program and irrigation system. c. "Minor Slope" is defined as a slope four (4) feet or less in vertical dimension in either cut or fills, between parcels and not parallel to any roadway. (Engineering) 58. Construct temporary desilting basins at all discharge points adj acent to drainage courses or where substantial drainage alteration is proposed in the grading plan. The exact design and location of such facilities shall be based on hydrological modeling, and determined pursuant to direction by the City Engineer. (Engineering) 59. S9. The Development shall comply with all operational regulations established by the United States Environmental Protection Agency (USEP A), as set forth in the National Pollutant Discharge Elimination System (NPDES), permit requirements for urban runoff and storm water discharge, the Clean Water Act, and any regulations adopted by the City of Chula Vista, pursuant to the NPDES regulations or requirements. The development shall also comply with all structural requirements of such regulation as they apply to each building permit at the time of building permit issuance. Further, the Applicant shall file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identify funding mechanisms for post construction control measures. The Applicant shall comply with all the provisions of the NPDES and the Clean Water Program during and after all phases of the development process, including, but not limited to, mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units. The Applicant shall design the Project storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, to the satisfaction of the City Engineer. (Engineering) 60. Applicant shall enter into an agreement with the City where Applicant agrees not to protest the formation of a facilities benefit district or any other funding mechanism approved by the City to finance the operation, maintenance, inspection, and monitoring of NPDES facilities. This agreement to not protest shall not be deemed a waiver of the right to challenge the amount of any assessment, which may be imposed due to the addition of these improvements and shall not interfere with the right of any person to vote in a secret ballot election. The above noted agreement shall run with the entire land contained within the Proj ect. (Engineering) 61. Developer shall comply with all of the applicable provisions of the Storm Water Management and Discharge Control Ordinance (Chapter 14.20 of the Chula Vista Municipal Code, the Development and Redevelopment Project Storm Water Management Standard Requirements Manual (approved by Council Resolution 2002-475), and the City of Chula Vista SUSMP to the satisfaction ofthe City Engineer. (Engineering) 62. Enter into a maintenance agreement with the City, where Applicant agrees to operate and 30-72 . 63. 64. . maintain in perpetuity all private permanent BMPs required by the Water Quality Technical Report for the Project, as approved by the City Engineer. Applicant shall submit and obtain approval from the City Engineer of a maintenance program for the proposed permanent BMPs. The maintenance program shall include, but not be limited to: I) a manual describing the maintenance activities of said facilities, 2) an estimate of the cost of such maintenance activities, and 3) a funding mechanism for financing the maintenance program. (Engineering) Prior to the issuance of each grading permit, or as otherwise approved by the Director of General Services, the Applicant shall prepare, submit and obtain the approval of the Director of General Services, City Engineer and Environmental Review Coordinator for a landscape and irrigation slope erosion control plan. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and Grading Ordinance. Applicant shall install erosion control in accordance with approved plans within six months from the commencement of grading. (General Services, Engineering, Planning and Building, Environmental) All private storm drains from the project shall connect into the public storm drain system at a structure such as a cleanout or catch basin. Storm drain systems that collect water ftom private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected ftom public street right-of-way, public park or open space areas is first introduced into the system. Downstream from that point, the storm drain system shall be public. An encroachment permit shall be submitted for approval to the City for private storm drains within the public right-of-way. (Engineering) 65. Submit with grading and drainage and/or improvement plans, as applicable, hydrologic and hydraulic studies and calculations, including dry lane calculations for all public streets. Calculations shall also be provided to demonstrate the adequacy of downstream drainage structures, pipes and inlets. (Engineering) 66. Brow ditches that cross over slopes greater than 10 feet in height and steeper than 3: 1 gradient shall not be allowed. Drainage shall be collected in an inlet and carried via underground storm drain to the bottom of the slope or a drain inlet connected to an underground storm drain. The applicant shall ensure that brow charmels and ditches emanating from and/or running through City Open Space are not routed through private property. Brow ditches and charmels from private property shall not be routed through City open space unless approved by the City Engineer. (Engineering) 67. Prior to issuance of each grading permit, Applicant shall demonstrate that the grading plans are in substantial compliance with the grading concepts outlined in the Freeway Commercial SPA Plan and consistent with the landform grading policies described in the City's General Plan. Said grading concepts will ensure that manufactured slopes are contoured to blend with and reflect adjacent natural slopes. (Engineering, Planning and Building) SEWER 68. Applicant shall design all public sewer in accordance with the following requirements: a. Design all sewer access points (manholes) to be located at centerline of street, cul-de- 30-73 sac center, or at the center of a travel lane, unless otherwise approved by the City Engineer. b. Provide improved all-weather paved access to all sewer manholes designed with a minimum traffic index factor of 5 or other loading as approved by the City Engineer. c. Sewer access points (manholes) shall not be located on slopes or in inaccessible areas for maintenance equipment d. Provide sewer manholes at all changes of alignment of grade, unless otherwise approved by the City Engineer. Install sewer mains such that there are no bends exceeding 45- degree to the direction of flow. ~. Manholes should not be located in the wheel tracks on Class I Collector Streets and above, unless otherwise approved by the City Engineer. Manholes within intersections of Class I Collectors and above shall meet Regional Standard Drawing M-4 (Locking). f Sewer main pipes shall not run parallel and under slopes greater than 5: 1 unless otherwise approved by the City Engineer. g. Sewer lines, which are greater than 20 feet in depth, shall use C-900 or C-905 class pipe, as approved by the City Engineer. (Engineering) WATER 69. Submit verification to the City Engineer in the form of a letter from Otay Water District indicating that the assessmentslbonded indebtedness for all parcels dedicated or granted in fee to the City have been paid, or that no assessmentslbonded indebtedness exist on the parcel(s). (Engineering) 70. Avoid installation of privately owned water, reclaimed water, or other utilities crossing any public street. This shall include the prohibition of installing sleeves for future construction of privately owned facilities. The City Engineer may waive this requirement if the following is accomplished: a. The Applicant enters into an agreement with the City where the Applicant agrees to the following: 1. Apply and obtain approval of an encroachment permit for installation of private utilities within public right-of-way. 11. Maintain membership in an advance notice service, such as: the USA Dig Alert Service. iii. Mark out all private facilities/utilities owned by the Applicant whenever work is performed in the area. IV. The terms of this Agreement shall be binding upon the successors and assigns of the Applicant. b. Shutoff devices, as determined by the City Engineer, are provided at those locations where 30-74 . private facilities traverse public streets. (Engineering) AGREEMENTS/FINANCIAL 71. Prior to the approval of the Final Map, the applicant shall enter into a supplemental agreement with the City wherein the Applicant agrees as follows: a. That the City may withhold building permits for the subject subdivision if anyone of the following occur: 1. The required public facilities, as identified in the PFFP, or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The Applicant may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended, as approved by the City's Director of Planning and Building and the City Engineer. (Engineering, Planning and Building) . b. Defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or armul any approval by the City including approval by its Plarming Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act; provided the City promptly notifies the subdivider of any claim, action or proceeding, and on the further condition that the City fully cooperates in the defense. (Engineering, Planning and Building) c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Final Map area. Applicant further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the Final Map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: (a) such access is coordinated with Applicant's construction schedule so that it does not delay or impede Applicant's construction schedule and does not require the trenches to be reopened to accommodate that placement of such conduits; and (b) any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Applicant hereby conveys to the City of Chula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. (Engineering, Planning and Building) d. That the City may withhold the issuance of building permits for the Project, should the Applicant be determined by the City to be in breach of any of the terms of the Tentative Map Conditions or any Supplemental Agreement. The City shall provide the Applicant of 30-75 notice of such determination and allow the Applicant reasonable time to cure said breach. (Engineering, Planning and Building) e. Hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. (Engineering, Planning and Building) f. Participate, on a fair share basis, in any deficiency plan or [mancial program adopted by SANDAG to comply with the Congestion Management Program (CMP) if adopted prior to issuance of building permits. (Engineering) h. The Project shall pay its faiT share fees as part of any future regional impact fee program for regional facilities as defined in the GDP/SRP, should such a fee program be enacted prior to the issuance of building permits for the proj ect. 1. Indemnify, and hold harmless the City, its elected and appointed officers and employees, from and against all fines, costs, and expenses arising out of non-compliance with the requirements of the NPDES regulations, in connection with the execution of any construction and/or grading work for the Project, whether the non-compliance results from any action by the Applicant, any agent or employee, subcontractors, or others. The Applicant's indemnification shall include reasonable costs, expenses, attomey's fees and liability incurred by the City. (Engineering) 72. Applicant shall grant an Irrevocable Offer of Dedication (LO.D.) in fee to the City, in a form approved by the City Attomey, for the right-of-way deemed necessary by the City Engineer to accommodate the future BRT facilities. Said right-of-way shall be shown as a separate lot in the Final Map. 73. Prior to the approval of the Final Map, the Applicant shall enter into an agreement with the City by which the Applicant agrees to: a. Provide all those easements and enter into those agreements with SANDAG reasonable needed for providing adequate conveyance of the storm water flow generated by the BRT right-of-way; and b. Provide all those easements reasonably needed to install BRT and/or pedestrian signals . and/or signs at the intersection of the BRT with the proposed private project entry driveways along EastLake Parkway. 74. The Applicant shall implement the final Air Quality Improvement Plan (AQIP) measures as approved by the City Council, and to comply and remain in compliance with the AQIP. The Applicant shall also waive any claim that the adoption of a final AQIP constitutes an improper subsequent imposition of the condition. Applicant shall implement the GreenStar Building Efficiency Program. (Planning and Building) . 75. The Applicant acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall modify the AQIP to incorporate those new measures, which are in effect prior to each Final Map approval within the Project. The new measures shall apply, as applicable, to development within all future Final Map areas, but shall not be retroactive to those areas that received Final Map 30-76 approval prior to effect of the subject new measures. (Planning and Building) 76. The Applicant acknowledges that the City Council may, from time-to-time, modify water conservation measures related to new development as various technologies and/or programs change or become available. The Applicant shall be required to modify the Water Conservation Plan (WCP) to incorporate those new measures, which are in effect prior to each Final Map approval within the Project. The new measures shall apply to development within all future Final Map areas, but shall not be retroactive to those areas that received Final Map approval prior to effect of the subject new measures. (Planning and Building) 77. Applicant shall enter into an agreement with the City encumbering the entire Project, which shall include all of the following: a) Provisions ensuring the Applicant's maintenance of all private common facilities located within the project including, but not be limited to: walls, fences, water fountains, lighting structures, paths, trails, access roads, drainage structures, water quality treatment facilities, landscaping, trees, streets, parking lots, driveways, and sewage systems that are private. Common facilities are to be identified or labeled in an exhibit in the agreement. b) Language establishing the Applicant's responsibilities to maintain public landscaping and/or improvements in conformance with the Maintenance Responsibility Map. c) Language establishing Applicant's responsibility to maintain all private temporary slopes and associated temporary facilities adjacent to the south side of Birch Road (from SR-125 to EastLake Parkway) needed for the construction of said portion of Birch Road. f) Provisions indemnifying and holding the City harmless from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the Applicant. g) The requirement for the Applicant to procure and maintain a policy of comprehensive general liability insurance written on a per-occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured and shall not contain a cross-party exclusionary clause. h) Provisions requiring daily sweeping of common parking lots and internal drives by a reputable sweeping company. i) Language assuring Proj ect' s membership in an advance notice service such as the USA Dig Alert Service in perpetuity. j) Provisions establishing the Applicant's responsibility to: 1.) maintain all sewer access roads as they may exist from time to time in adequate condition as determined necessary by the Director of Public Works operations and 2.) replace any 30-77 enhanced pavement, sidewalk, and other non-standard facilities or improvement removed by the City during construction and/or maintenance of public sewer facilities within the Project. Applicant shall acknowledge and agree that City will only be responsible for restoring the site using standard asphaltic concrete pavement and/or concrete as determined necessary by the Director of Public Works Operations. 78. Prior to issuance of each building permit within the Freeway Commercial SPA, the Applicant shall pay fees or some other financing mechanism approved by the school district to provide for the construction of needed elementary, middle and high schools. (Engineering) 79. Prior to approval of the Final Map, Applicant shall establish an endowment to provide for the Project's prorated share of the perpetual maintenance of the Poggi Canyon Charmel. The amount of such endowment shall be equal to $40,917.00 (estimate as of 5/9/02) increased by a factor equal to the percentage change in the San Diego Area All Consumer Price Index (All Items) from May 9, 2002 to the date the endowment is established. The documents establishing the endowment shall be subject to the approval of the City Attorney. (Engineering, City Attorney) OPEN SPACE/ASSESSMENTS 80. In the event Applicant requests the formation of a Community Facility District (CFD) for providing a funding mechanism for the maintenance of public improvements within the Project, the Applicant shall make such request, and obtain City Council approval for the formation of said CFD prior to the approval of the Final Map for the Project. The Applicant shall submit a list of amenities, acreage and maintenance costs for all public open space lots and facilities, including, but not limited to the parkways, medians, open space lots, enhanced paving and water quality treatment facilities.· Maintenance of the improvements shall be accomplished by the Applicant for a minimum period of one year, or until such time as accepted into the CFD by the Director of Public Works Operations. If Council does not approve the CFD formation, some other financing mechanism, such as Business Owners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the Final Map. All costs of formation and other costs associated with the processing of the CFD for this project shall be paid for by the Applicant. The Applicant shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed CFD. (Engineering) 81. All Project landscaping shall conform to the design elements of the City's Landscape Manual. (General Services) 82. Applicant shall enter into a maintenance and grant of easements agreement, encumbering the entire Proj ect, as necessary for landscaping and other improvements maintained by Applicant within City right-of-way or such other public areas as required by the City. Said public improvements shall include, but are not limited to: a) Landscaped parkways along the westerly side of EastLake Parkway, and full landscaped median improvements (including hardscape, landscaping and irrigated improvements) on EastLake Parkway between Street B and Birch Road. b) Northerly and southerly landscaped parkways, full landscaped medians (including 30-78 hardscape, landscaping and irrigated improvements), along Birch Road until such time that the City approves a different financing mechanism for maintaining said southerly parkways and fair share of said median improvements. c) Landscape improvements located within the proposed BRT right-of-way until such time that this right-of-way is ultimately conveyed to SANDAG. d) Easterly and westerly landscaped parkways, full landscaped median (including hardscape, landscaping and irrigated improvements) along Town Center Drive until such time that the City approves a different financing mechanism for maintaining said improvements. (Engineering, General Services) 83. Provide minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of sewer facilities. (Engineering) 84. Provide minimum 15' wide easements to the City of Chula Vista as required by the City Engineer for construction and maintenance of public storm drain facilities. (Engineering) 85. Provide a blanket easement over private roadways and parking lots to the City providing reasonable access to public sewer facilities to the satisfaction of the City Engineer. (Engineering) 86. Grant on all applicable Final Maps, easements along all public streets within the subdivision as shown on the Tentative Map and in accordance with City standards unless otherwise approved by the City Engineer and the Director of Plarming and Building. The City Engineer may requiTe either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of-way. (Engineering) 87. Grant easements to subsequent owners pursuant to Section 18.20.150 of the City Code on any Final Map that proposes private access, utilities or drainage facilities crossing property lines as directed by the City Engineer. (Engineering) LANDSCAPE 88. Prior to issuance of each construction permit and grading permit for the Project, the Applicant shall secure all landscape improvements associated with the improvements covered by said permit. The security shall be in amounts as determined by the Director of General Services and approved in form by the City Attorney. Applicant shall prepare and submit to the Director of General Services landscape improvement plans concurrent with the second submittal of street improvement or grading improvement plans for corresponding areas. All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the SPA. Applicant shall agree to and shall install all landscape improvements in accordance with the approved plans to the satisfaction of the Director of Planning and Building and the Director of General Services. (Planning and Building, Engineering, General Services) 89. The applicant shall install all public street trees in accordance with Section 18.28.010 of the Chula Vista Municipal Code. All public street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building. Public street trees are to be 30-79 consistent with tree species described in the Freeway Commercial Design Plan, Freeway Commercial SPA Plan and Landscape Master Plan, and shall be subject to approval by the Director of Plarming and Building and Director of Public Works Operations. Prior to the installation of any dry utilities, including but not limited to cable, telephone, gas or electric lines, Applicant agrees to complete preliminary public street improvement plans that show the location of all future public street trees, which will be subj ect to the review and approval of the Director General Services and the Director of Planning and Building. Prior to any utility installation, wood stakes shall be placed by the Applicant on site according to approved preliminary public street improvement plans that depict public street trees and shall be painted a bright color and labeled as future public street tree location. Applicant further agrees to provide City documentation, acceptable by the Director General Services and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction. Applicant will maintain public street tree identification stakes in locations as shown on approved preliminary plans until all dry utilities are in place. A public street tree improvement plan, including mailbox locations, shall be submitted for review and subject to the approval of the Director of Planning and Building and the City Engineer prior to or concurrent with the second submittal of public street improvement plans within the subdivision. Approval of the public street tree improvement plans shall constitute final approval of the selection of public street trees for the public street parkways. (Engineering, Planning and Building, General Services) 90. Design landscape and irrigation plans such that street tree placement is not in conflict with the sight visibility of any traffic signage. The Applicant shall be responsible for the removal of any obstructions within the sight visibility of said traffic signs consistent with the Chula Vista Design Standards and to the satisfaction of the City Engineer. (Engineering) 91. Prior to the approval ofthe Final Map or issuance ofthe fIrst grading permit proposing to create finished lots, whichever occurs first, Applicant shall prepare, subrnit and receive approval from the Director of General Services of a Conceptual Landscape Plan for all public streets. Such approval shall be indicated by means of the Director's signature and date on said Plan. The contents of the Conceptual Landscape Plan shall conform to the City staff checklist and contain the following major components: Landscape Concept Planting Concept Plan Master Irrigation Concept Plan (General Services, Planning and Building, Engineering, Public Works) MISCELLANEOUS 92. Applicant shall submit copies of the Final Map in a digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file of the Final Map shall combine all map sheets into a single CADD drawing, in DXF, DWG or Arc View (GIS) format and shall contain the following individual layers: Subdivision Boundary (closed polygons), Lot Lines (closed polygons) Street Centerlines (polygons) 30-80 Easements (polylines) Public Street names (armotation) Lot numbers (armotation) (Engineering) 93. Within thirty (30) days of the City Engineer approval, the Applicant shall submit copies of all approved grading and improvement plans associated with the proj ect in digital format. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital files shall combine all sheets into a single CADD drawing for each set of plans, in DXF, DWG or Arc View (GIS) format. (Engineering) 94. Applicant shall develop and submit a "Recycling and Solid Waste Management Plan" to the Conservation Coordinator for review and approval. The Plan shall demonstrate those steps the Applicant will take to comply with Municipal Code, including but not limited to Sections 8.24 and 8.25 and meet the State mandate to reduce or divert at least 50% of the waste generated by all residential, commercial and industrial developments. The Applicant shall contract with the City's franchise hauler throughout the construction and occupancy phase of the project. (Conservation and Environmental Services) 95. Within thirty (30) days of the City Council approval of these Tentative Map conditions, or prior to the submittal of the Final Map for the Project, whichever occurs first, the Applicant shall submit a digital drawing file of the Tentative Map in its approved form. The drawing projection shall be in California State Plane Coordinate System (NAD 83, Zone 6). The digital file shall combine all map sheets into a single CADD drawing, in DXF, DWG or ArcView (GIS) format and shall contain the following individual layers: a. Subdivision Boundary (closed polygons) b. Lot Lines (closed polygons) c. Street Centerlines (polylines) d. Easements (polylines) e. Public Street Names (armotation) f Lot Numbers (annotation) The digital drawing file shall be submitted in accordance with the City Guidelines for Digital Submittal on 3-y," disks or CD, as an e-mail attachment to the City Engineer, or as otherwise approved by the City Engineer. (Engineering) FIRE 96. The Applicant shall comply with the Fire Department's codes and policies for Fire Prevention. The Applicant shall provide the following items prior to delivery of combustible materials on any construction site on the Project: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of 20 feet (or an acceptable alternative 30-81 approved by the Fire Marshal and in compliance with the UF.C.). c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Marshal. Locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Marshal. (Fire, Engineering) 97. Applicant shall obtain the approval of the City's Fire Marshal for the timing of construction of all internal streets in the Proj ect. (Fire, Engineering) 98. Prior to issuance of the fIrst building permit and in addition to those fIre hydrants depicted on the Tentative Map, the applicant shall install additional fire hydrants per 2001 Califomia Fire Code and City of Chula Vista Fire Department policies. (Fire, Engineering) 99. Construct a temporary turnaround or street improvements, upon the request of and as determined necessary by the City Engineer and Fire Marshal, at the end of temporarily stubbed streets greater than 150 feet in length (as measured from the nearest street centerline intersection). (Engineering) CODE REOlliREMENTS 100. Comply with all applicable sections of the Chula Vista Municipal Code including Chapter 15.04 "Grading Ordinance" as amended. Preparation of the Final Maps and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. (Engineering) 101. Underground all utilities within the subdivision in accordance with Municipal Code requirements to the satisfaction of the City Engineer. (Engineering) 102. Comply with all relevant Federal, State, and Local regulations, including the Clean Water Act The Applicant shall be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. (Engineering) 103. Pay all required fees, including the following fees, in accordance with the City Code and Council Policy: The Transportation and Public Facilities Development Impact Fees; Traffic Signal Participation Fees; All applicable sewer fees, including but not limited to sewer connection fees; and Poggi Canyon Gravity Sewer Basin DIF. Pay the amount of said fees in effect when payment IS due pursuant to the Chula Vista Municipal Code. (Engineering, Planning and Building) 30-82 ... ._-_._~..__....._.- - -- - - --~---~_._._-_... GROWTH MANAGEMENT/PUBLIC FACILITIES FINANCING PLAN (PFFP)! PHASING 104. Applicant shall comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management) as may be amended from time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities finance plan amendment procedures (19.09.100). (Engineering, Planning and Building) 105. Install public facilities in accordance with the Freeway Commercial Public Facilities Finance Plan as may be amended from time to time, or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Director of Planning & Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. (Engineering, Planning and Building) PHASING 106. If the applicant proposes to modify the Freeway Commercial SPA's approved phasing plan, the applicant shall submit to the City a revised phasing plan for review and approval upon request of the City Engineer prior to approval of the first Final Map. The PFFP shall be revised where necessary to reflect the revised phasing plan. (Engineering) 107. The Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and Tentative Map with improvements installed in accordance with said plan or as required to meet the City's Growth Management Ordinance. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the project area. Throughout the build-out of the Freeway Commercial SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Freeway Commercial SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Freeway Commercial SPA's facility improvement requirements to those identified in the PFFP. The Growth Management Ordinance, as it exists at the time of building permit issuance, shall govern Freeway Commercial SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any future amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer may modify the sequence of improvement construction, should conditions change to warrant such a revision in accordance with the Growth Management Ordinance. (Engineering) 30-83 RESOLUTION NO. RESOLUTION OF CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT FOR A MULTIPLEX MOVIE THEATER LOCATED IN THE OTAYRANCH FREEWAY COMMERCIAL SPA PLAN WHEREAS, the property which is the subject matter of this resolution is identified as Exhibit "A" attached hereto and described as Lot 6 of Chula Vista Tract 05-02, and is commonly known as the Freeway Commercial-Planning Area 12 ("Property"); and, WHEREAS, a duly verified application (PCC 05-13) for a Conditional Use Permit ("Project") to consider granting approval for the operation of a multiplex movie theater in the Freeway Commercial portion of Planning Area 12 in the Otay Ranch was filed with the City of Chula Vista Plarming and Building Department on September 1, 2004 by General Growth Properties, ("Applicant"); and, WHEREAS, the Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Planned Community District Regulation permits a multiplex movie theater subject to approval by the City Council ofa Conditional Use Permit according to Chula Vista Municipal Code, Title 19, Chapter 19.58 and the Otay Ranch, Freeway Commercial SPA Plarmed Community District Regulations, Section III.2; and, WHEREAS, the development of the Property has been the subject matter of a Sectional Plarming Area ("Freeway Commercial SPA Plan") previously approved and amended by the City Council on September 14, 2004, wherein the City Council, in the environmental evaluation of said Freeway Commercial SPA Plan, relied in part on the original Otay Ranch Freeway Commercial SPA Plan Final Environmental Impact Report No. 02-04, ("FEIR 02-04") and addendum; and, WHEREAS, the development of the Property will be the subject matter of a Design Review application to be approved by the City's Design Review Committee; and, WHEREAS, the City's Environmental Review Coordinator has reviewed the Project for compliance with the California Environmental Quality Act and has determined that the project was covered in previously adopted FEIR 02-04 and addendum. The Environmental Review Coordinator determined that no conditions described in Section 15162 and 15163 of the State CEQA Guidelines calling for the preparation of a subseqilent document have occurred; and, WHEREAS, the PI arming Commission set the time and place for a hearing on said Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Proj ect site at least ten days prior to the hearing; and, WHEREAS, a duly noticed hearing was held at the time and place as advertised, namely 6:00 p.m. November 10, 2004, in the Council Chambers, 276 Fourth Avenue, before the Planning 30-84 - _.__·_."0"..._____"_____ Page No.2 Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, does hereby approve Conditional Use Permit PCC -05-13 in accordance with the findings and subject to the conditions and fmdings contained in Sections III, IV and V hereto. I. COMPLIANCE WITH CEQA The City Council hereby finds that the Project, as described and analyzed in the FEIR 02-04 and addendum, would have no new impacts that were not examined in said FEIR [Guideline 15168 (c )(2)], and therefore, no further environmental review or documentation is necessary; and, II. ACTION The City Council grants the Conditional Use Permit for the operation of a multiplex movie theater in the Freeway Commercial SPA Plan in the Otay Ranch based upon findings contained herein that the Project is consistent with the City ofChula Vista General Plan, the Otay Ranch General Development Plan, the Freeway Commercial SPA Plan and all other applicable Plans, and that the public necessity, convenience, general welfare and good planning and zoning practice support the approval of the CUP with the conditions identified in section V. III. CONDITIONAL USE PERMIT FINDINGS The City Council of the City ofChula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. The City Council findings offact are as follows: a. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed facility within the Freeway Commercial planning area will provide the community a needed service for entertainment The provision of these services in close proximity to home and work contributes to the general well being of the neighborhood and community. b. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. 30-85 Page No.3 The facility has been designed and will operate in such a way as to avoid conflicts with the adjacent residential units and commercial/office uses within the Town Center. Circulation and access have been considered in placing the theater in the Town Center. Site operations will comply with all safety regulations. The facility has been designed as part of the larger T own Center proj ect and will include perimeter landscaping, thus visually tying the facility into the overall development. c. That the proposed use will comply with the regulations and conditions specified in this code for such land use. The proposed use is located in a Commercial Zone within the Otay Ranch Freeway Commercial SPA Plan. The facility complies with required development and operating regulations including setbacks, height and parking requirements contained in the Freeway Commercial SPA Plan Plarmed Community District Regulations. d. Thatthe granting ofthis conditional use permit will not adversely affect the general plan of the City or the adopted plan of any governmental agency. The proposed use is consistent with the General Plan designation of Commercial RetaiL The project is consistent with the goals and objectives of the General Plan's Land Use Elernent and the goals, objectives, policies and implementation measures described for commercial facilities in the Otay Ranch General Development Plan in that it is compatible with the adjacent land uses, located adjacent to a transit station, and integrated within a comprehensive development. This use is in compliance with the Chula Vista General Plan land use designation, the Otay Ranch General Development Plan, and the Otay Ranch Freeway Commercial SPA Plan regulations. The granting of the Conditional Use Permit will be in compliance with the provisions of the Otay Ranch Freeway Commercial SPA Plan if the conditions identified in Section V of this Resolution are implemented. IV. TERM OF GRANT OF PERMIT The City Council grants the Conditional Use Permit (PCC 05-13) subject to the conditions as set forth in Section V. V. CONDITIONS OF APPROVAL Prior to the issuance of a building permit, the project applicant or property owner shall submit building plans (and/or construction drawings) for the project for review and approval by the Director of Planning and Building subject to the conditions set forth below: 1. The Project is subject to all conditions of approval of the City' Design Review Committee. 30-86 Page No.4 2. This Conditional Use Permit shal1 become void and ineffective ifnot utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any conditions of approval shall cause this permitto be reviewed by the City in accordance with Section 19.14.270 of the Municipal Code. 3. Prior to the issuance of a certificate of occupancy for the theater, all landscaping and hardscape improvements shal1 be instal1ed in accordance with the approved landscape plan. 4. A graffiti resistant treatment shal1 be specified for all wal1 and building surfaces. This shall be noted on any building and wall plans and shall be reviewed and approved by the Director of Planning and Building prior to the issuance of building permits. Additional1y, the project shall conform with Sections 9.20.055 and 9.20.035 of the C.V.M.C. regarding graffiti control. 5. Plans for features such as sprinkler systems, stand pipes and alarm systems must be submitted and approved by the Fire Department prior to issuance of building permits. 6. Provide "2A 10BC" rated fire extinguishers (within 75 feet of travel distance). 7. All utility connections including outdoor mechanical equipment should be included on the site plan, and shielded with an appropriate screening device. All roof appurtenances including, but not limited to, air conditioning units and mechanical equipment are required to be shielded and architectural1y screened from view. The mechanical equipment proposed for the roof shall comply with the regulations of Freeway Commercial SPA Plan, Section iliA (screening), and shall be depicted and noted on the building plans to be reviewed and approved by the Plarming Division prior to issuance of building permits for this development. Backflow preventors shall be no higher than 42 inches and screened from view from both on and off-site. 8. The theater's hours of operation shall be limited to 10:00 a.m. - 2:00 a.m. Special engagements may have extended hours if approved by the Director of Planning and Building. 9. Prior to the issuance of building permits, the applicant shall obtain a sign permit for all proposed signage. 10. Schedule a security survey with the Crime Prevention Unit of the Chula Vista Police Department and implement the reasonable recommendations resulting therefrom. Specific responsible recommendations may be provided for access control, surveillance detection, and police response. 30-87 Page No.5 II. Alcohol sales shall be prohibited. 12. This conditional use permit shall become void and ineffective ifnot utilized or extended within one year fj-om the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 13. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, fj-om and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, fj-om (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and c) Applicant's installation and operation of the facility permitted hereby. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. 14. The permittee must comply with all applicable provisions offederal, state and local laws. Procedures for enforcing conditional use pem1its, which are currently set forth in Chapter 19.14.270 of the Chula Vista Municipal Code, are incorporated into this CUP. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, revoke or further condition issuance of all future building permits issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation, all to the extent provided in Municipal Code Section 19.14.270. VII. INVALIDITY It is the intention of the City Council that its adoption of this Resolution is dependent upon enforceability of each and every material term, provision, and condition herein stated; and that in the event that anyone or more terms, provisions, or conditions are detern1ined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, the City Council shall retain its sole discretion to detern1ine whether to revoke this resolution, and how to correct any deficiencies identified by the Court, which may involve the revision of terms, provisions or 30-88 · Page No.6 conditions not otherwise affected by the Court order. VIII. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the Applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and Applicant have each read, understood, and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or Applicant, and a signed, stamped copy of this recorded document within ten days of recordation to the City Clerk. Said document will also be on file in the City Clerk's Office. Signature of Property Owner Date Signature of Representative of Property Owner Date Presented by Approved as to form by James Sandoval Director of Planning and Building ò hvî P Moore ty Attorney 30-89 ~ ~ "-...~\ "'~/ \ \../ '--;:--'" ~. ¿.'.)- ~ ~ """-..'-'. \, ,'<\ (~\ '," " /,.~ ~....'~ '. "'. '. \'" \//", '. " >. '~, c.:.~,\_ '-'-,- ,', \ ,( l ',~" /', 'j->- ;Sjit~'o ", "\\\ / /\ , ):___ " .;y' ~. T:\') t1limrrDG "', , \'\/ \/ '. '~~~ ~ " ~~IIIIIII\D \ \ \\\ /'. /'\~. ffi:' // ,/, ~ . . . 11 / ' \ \ .", IDIlllIllI o~ \. \\ \ \'~' è. IIIIIIII\IIIIJ ~ '!-..";'\, \ ~,\ '\ \ /11111\1 \ I I i U ' ';1\\ \ \ \ \ ~~, IIIIIIIIIIIIIJ / \...." }) 1IIIIIIIIIIII1lJ FC-2 \. ' ,.' " " " I " " " " " " I " " : \ PCC-05.13 \ \ \ .--, ,_::~~ ~ \ I \\ :: ",\\ I \\ FC-l \\ ~ (i\ ~ " ~ ( " " I, \ ~ \ \ ~-------::---:::---:! ---- ~ ---------:::.::.--:~-~:::------ :: --- !!!!!!I--.-- : 1 : r---- I I I I 'L.. " Birch Rd I ' - PCM-04-1~~ \ \ MuNiolex Theater '" '" '" '" w '" => ~ => ~ -------- C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Freeway Commercial SPA Plan PROJECT DESCRIPTION: C) APPLICANT: Genera Growth Properties, Inc. MISCELLANEOUS PROJECT Eastlake Parkway Request Proposal for a SPA Amendment for a retail development within ADORESS: & Olympic Parkway the Otay Ranch Planning Area 12, Freeway Commercial site. Tentative SCALE: FILE NUMBER: Subdivision Map and Condtianal Use Permit for movie theater. NORTH No Scale PCM-04-15A~~ "ted Cases: PCS-Q5-02. PCC-OS013 EXHIBIT A J:\planning\carlos\Jocators\pcm0415a.a::Ir 10.05.04 COUNCIL AGENDA STATEMENT Item 3\ Meeting Date 12/14/04 ITEM TITLE: Resolution Adopting the 2005 Legislative Program SUBMITTED BY: Legislative Committee Erin Bradley, Intergovernmental Affairs Coordinator $ REVIEWED BY: Legislative Committee (4/Sths Vote: Yes_ NoX) The Legislative Program represents the City Council's position on items iikely to be acted upon by the State Legislature, Congress, or administrative agencies. By adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, Chula Vista is able to take a proactive role in sponsoring, supporting, or opposing bills related to the City's various legislative priorities, RECOMMENDATION: That the City Council approve the resolution adopting the 2005 Legislative Program, BOARD/COMMISSION RECOMMENDATION: This report fj-om the Legislative Committee reflects their comments as well as input fj-om the City's department directors. A copy of the draft Legislative Program was sent to Council as an Information Item 11/11/04 and on 12/1/04, DISCUSSION: Background on the Legislative Program The Legislative Program (as instituted by Council Policy 300-01 in 1987) is used to identify and adopt position statements regarding a variety of issues that reflect the policy and direction of the City Council. This action sets guidelines that permit staff to make timely responses consistent with the Council's desires to sponsor, support or oppose bills during the legislative session, By taking action on a comprehensive program at the start and midpoint of the state legislative and Congressional sessions, the City is able to work with our locally elected representatives to introduce needed legislation as well as position itself proactively on a wide range of issues, Presented in this report is an updated 2005 Legislative Program to guide staff and our legislative consultant throughout the coming legislative session, .3/-/ ~I Page 2, Item ;:;> i Meeting Date 12/14/04 Contents of the Legislative Program In general, the Legislative Program lays out the City's positions in the following subject areas: A, Economic Development B. Energy C, Environmental Protection D. Fiscal SupportlHome Rule E, General Government F, Housing & Community Development G. Land Use Planning H. Library 1. Parks & Recreation J. Public Employer-Employee Relations K. Public Liability 1.. Public Safety M, Public Works & Transportation N, Redevelopment The program is administered by the Legislative Committee and includes items that are generally non- controversial such as: · Supporting additional state or federal funding for local government and/or Chula Vista programs · Opposing unfunded mandates · Protecting home rule authority · Reforming various state and federal programs to improve local service delivery . Through the adoption of this program by the City Council, related bills can be acted upon directly by the Legislative Committee, so that the City's position can be communicated quickly to the City's lobbyist, appropriate legislators and other key decision-makers. Notification of positions taken and copies of any letters sent are then forwarded to the City Council for information. In addition, through the efforts of the League of California Cities, professional organizations to which various city staffbelong, or as a result of research by the City's lobbyist, legislative proposals may be brought to the attention of the Legislative Committee that are not covered by the Legislative Program. These items are brought to the City Council for review and direction, Items that may be seen as controversial, irrespective of whether they are covered by the Legislative Program, are also submitted to the Council. Proposed Legislative Program Changes for 2005 The proposed amendments for 2005 are relatively minor, These include: impacts associated with construction and maintenance of drainage facilities, revising the definition ofthe type of university the City is working to attract, and addressing the design/location of utility cabinets, boxes, pedestals and backflow preventors, The remaining items are carried over fj-om the 2004 Legislative Program, as adopted by Council 11/25/04. . ..;3/-L Page 3, Item 3:1 Meeting Date 12/14/04 In most cases, the City's priority issues for 2005 (e.g. reforming the state/local government fiscal relationship, protecting existing financial resources, promoting workers compensation reform, obtaining funds for City programs, protecting Federal CDBG and COPS grant allocations) are already included in the Legislative Program and thus do not require any amendments, A complete list of amendments is shown in Exhibit A, with additions denoted by underline and deletions by strikeout. The 2005 Session The State Legislature has not, as of this writing, adopted its 2005 meeting calendar, The two houses will convene briefly on December 6, 2004, then adjourn until the tentatively set date of January 3, 2005. While the Legislature can begin introducing, and acting upon, new proposals during the proceedings of December 6, the vast majority of proposals will be brought forward after the session reconvenes in 2005. The final day on which new bills can be introduced has been set tentatively for February 18, 2005. If the Mayor and Council wish to work with this region's Sacramento delegation to introduce bills, the proposals will need to be submitted in advance of the February deadline, Should one or more extraordinary sessions be called for any reason, they will not be bound by those deadlines, Of particular concern to the City in 2005 will be the approach taken by the incon1ing leadership to affect issues significant to cities (e.g, providing local services, stability oflocal revenue streams, home rule authority, etc.) Finally, as we look to Chula Vista's goals for 2005, the City will focus on the following key issues: · Implementation ofthe voter-approved ballot measure to protect local government revenues, · Allocation of State Park, Library and Water Bonds, · Protecting cities' authority to license or lease use of property within a municipality's jurisdiction by telecommunication companies, utilities or cable companies · Increased collaboration with other public agencies within the region to strengthen the City's position on issues of regional significance FISCAL IMPACT: Adoption of the Legislative Program for 2005 does not result in any direct cost to the City. There are, however, fiscal impacts associated with the Legislative Program; specifically the City's contract with a legislative advocate in Sacramento (Advocation, Inc,), which is capped at $79,000 per year, Achieving the goals ofthis program can, and has, lead to significant financial benefits. In addition to the grants and appropriations that the Program authorizes the staffto pursue, Legislative Program successes prevent loss of critical resources and protect the City's ability to deliver services to ourresidents and businesses. Attachments: I. Exhibit A: Draft 2005 Legislative Program c:I...\2004\agenda statementsl05legprg.113 3)-3 DRAFT 2005 CHULA VISf A LEGISLATIVE PROGRAM A. Economic Development. . 1, Support efforts to: a. Enhance California's overall business climate with particular emphasis on streamlined regulations and reduced costs of doing business (including the reactivation of Revenue and Taxation Code section 5108 personal property tax rebates). b, Strengthen existing business attraction and retention programs including: Enterprise Zones, Recycling Market Development Zones and California Infrastructure Bank. c. Continue and! or enhance funding of State and Federal Economic Development agencies, including: i. California Trade and Commerce Agency ü. U.S. Department of Commerce, Economic Development Adnùnistration (EDA) ill. U.S. Housing and Urban Development (HUD) Community Development Block Grant and Economic Development Initiative d. Create new business assistance programs with eligibility criteria for which Chula Vista would qualify. e. Create or enhance programs which support cross-border commerce and Chula Vista import! export companies. f. Increase the flexibility of the use of HUD Community Development Block Grant funds as they relate to general economic development projects and programs. g, Amend California redevelopment laws to allow agencies to extend the life of redevelopment project areas. h. Continue the Community Reinvestment Act and accountability to small businesses development programs. B. Energy. 1. Support measures that: a. Assist the City and its energy consumers in improving supply! demand conditions and enhance conservation measures. b. Require the Public Utilities Conunission to implement the intent and spirit of AB 117 (statutes of 2002) regarding "community aggregation" and "public purposes goods fees". c. d. . e. f. Preserve local options to control and fund the supply and distribution of energy (including the formation of a municipal utility district) or conservation programs. Enhance the City's ability to enter into distributed generation agreements without having to pay stranded transmission or ilistribution charges. Impose fair and reasonable price caps. Repeal the provisions in ABx11 (statutes of 2001) that suspend customer choice. 1 31-'/ g. Maintain the provision that municipal aggregation programs are available on an "opt-out" basis, and allow Municipal Utilities to phase,in aggregation within a reasonable period. h. Allow public agencies (not just municipal utilities) to participate in state power supply programs. i. Encourage the use of real time metering, j, Increase incentives for in-state or local photovoltaic and other "green" alternative energy sources. k. Ensure transmission of energy is' done through new or existing local generation sources and/ or renewable sources. Note: There is a growing movement to import energy from out of state that is generated using fossil fuels and other non-renewable souxces. This has long-term impacts on air quality as well as fiscal implicatiOI'\S related to traI'lSmission congestion charges imposed on Chula Vista and other local ratepayers. L Implement efficiency,enhancing technologies (such as combined cycle generation) that improve consumer choice and/ or enhance competition among energy providers, particularly in service territories primarily dependent on Investor Owned Utilities. 2. Oppose measures that a. Impinge on or restrict the City's ability to exercise land use review/control with respect to the generation or transmission of power, b. Erode the City's ability to acquire/ generate power from alternative sources, operate as a municipal utility, or enter into aggregation and/ or distributed generation arrangements. c, Impose municipal departing load charges and other municipal exit fees, as well as attempts to regulate or limit municipal rights under the state constitution. d. Would allow the Public Utilities Commission or Investor Owned Utilities to limit local participation in the use/ allocation of Public Purpose Goods Fees. C. Environmental Protection. 1. Support efforts to: a. Require an environmental impact report (EIR) for large projects/ utility mergers. b. Obtain funds for wetlands and riparian habitat acquisition & restoration, for acquisition of land needed for multi-species habitat conservation planning, for acquisition, development & maintenance of open space, greenbelts, rivers, streams and trails, so long as these funds are not provided at the expense of other, significant programs supported by the City, c. Fund plalUÚng and land acquisition for Natural Community Conservation plans. d. Obtain funds for comprehensive environmental management plarming for San Diego Bay. e. Prohibit the granting of new leases for oil and gas development in state-owned coastal waters off San Diego County, f. Encourage the installation of water/energy conserving fixtures in new & existing buildings. 2 $/-6' .--.. -,~._----_.__. . g. h. i. . j. k. 1. Obtain funding for water conservation to include the construction of reclaimed water distribution systems, and fixture and irrigation system renovation and retrofit. Encourage post,consumer recycled product use in manufacturing, residential and business applications through incentives, educations, promotions, etc. Ensure long-term agreements that provide recycling incentives and/ or profitable markets for a broader range of products than are currently recycled. Require "disposal warning" labeling on household hazardous materials, which reduce the use of toxic materials, and which promote nontoxic alternatives to present materials. Require minimum content standards for use of recycled materials in manufacturing processes. Provide funding for environmental enterprise incentives, specifically Recycling Market Development Zones (RMDZ). Note: The RMÐZ program has been extended through 2006. Chula Vista and the CitY of San Diego have a signed MOU for an RMDZ partnership. Program is being implemented. m. Expand the bottle bill legislation to include more food and beverage packaging. n. Expand the number of advance disposal fees and accompanying block grant programs to provide recycling incentives and funding for household hazardous waste, umversal wastes and electronic wastes, particularly computer momtors and television CRTs. o. Enact a statewide landfill ban on designated recyclables. Note: This would encourage development of new feedstock capacity and strengthen! stabilize long-term markets. p. Reauthorize the Federal Water Resources Act, including provisions to raise the reimbursement limit and provide reimbursement for construction expenditures. Note: With a revised reimbursement limit, Chula Vista could be eligible for up to an additional $5 million for further improvements along the Telegraph Canyon Creek flood control channel. q. Modify the Oean Water Act to give the City of San Diego an exemption from current "mass emission reductionll requirements. r. Impacts associated with the construction and maintenance of drainage facilities in urban areas should be allowed to receive mitigation credit for the inclusion of "Best Management Practices" to off-set impacts to sensitive sDeCÌes.1.:imH 8ft KemneRkd mHigaØ8R rei} KirSH! eM fer ii!8F1Ðiftt.e-B.8R af1 EI main'eøanee 8f àFlHfta.ge iaeiØüeB if¡ UfBilfl areas, eBf8eiaRS ÌfI Eley)elsfed øeig-k88M8SàB, ÌI'1 N 18f 8f Bm.U~fttle.l anà s\fter Reat ~.taRag@B em µ¡'aeäeea. Note: At present the City may be required to purchase mitigation land amounting to as much as four times the project size. ,ui\À 1'18jSE~ H<1 ¡is sI8IH!¡;I f'lei~13Ed:l8eFJ.e, &l.ÍØgaä8R feEl æS&lBflæ eæ reElwe &l8f'8 eel! Ide!i ~geiHIl'r8 eH Imts iIfIà!!fle liedieaä8f'1 eflMgBf1'8rä8FlB ef""e 1"81'8f~ 8ï 'fIerlslet s. Grant local agencies authority to file appeals with the State Water Quality Control Board (SWQCB) concerning actions by a Regional Water Quality Control Board (RWQCB). t. Advance the use of low-emission and zerü-€mission vehicles through market incentives, credits, rebates, publici private partnerships and other innovative solutions. u. Create incentives for renewable power generation and distribution. 3 ..3/ ~ ø v. Create incentives for energy-efficient building programs. w. Develop and apply a standardized state/ national definition of "greenpower". x. Require "truth in labeling" with respect to green power generators and providers, y. Improve the coordination of State, Federal and local agency responses to air quality control, energy and environmenW protection. z, Establish green house gas emissions as a regulated pollutant. aa. Provide State or Federal funding to construct facilities to capture and treat the flow of raw sewage entering San Diego from Tijuana. bb. Encourage development of environmentally sound techniques for treating hazardous waste to reduce its volume and eliminate any toxicity without infringing on home rule authority over the decision of whether (or when) to implement such techniques. cc, Provide funding from State, Federal or outside sources to study the water quality/toxic pollution in San Diego Bay, dd. Encourage development of water resource facilities and make improvements to the delta without imposing unfunded mandates on local governments, ee. Provide financial assistance to construct new and upgrade existing secondary treatment facilities in San Diego County. Note: Funds from all sources should be pursued. ff. Improve the efficiency of environmenW regulations and enforcement actions of such agencies as: Department of the Interior, Corps of Engineers, Department of Commerce, National Oceanic and Atmospheric Administration and EnvironmenW Protection Agency. gg. Provide for streamlined environmenW permitting processes for public works projects that are included within an adopted multiple species conservation plan that is in conformance with the State's Natural Community Conservation Program. 2. Oppose efforts to: a. Nullify or weaken the cmrent climate change treaty (Kyoto Protocol) that requires the United States to reduce its greenhouse gas emissions by 7% from 1990 levels by 2010. D. Fiscal Support / Home Rule. 1. Support efforts that: a. Permit retention and control by local governments of a greater portion of revenue generated by Federal, State, and local taxes, fees and fines (e.g. vehicle code fines). b, Require the Federal government and State to reimburse local governments for all mandated costs or regulatory actions or that allow cities to cease performance of unfunded mandates, 4 ..3/-7 c. Retain maximum flexibility in the administration of Article XIIIB, XIIIC and XllID of the state constitution (XIIIB: the Gann Initiative-local expenditures are limited by population growth and CPI factors; XllIC & D: Proposition 218), d. Expand local autonomy or the home rule authority to govern municipal affairs. e, Enhance the quality of urban life by funding the creation, improvement, or expansion of parks, libraries, community services and infrastructure, such as roads, flood control, etc. · f. Provide State/Federal funding for construction or renovation of public buildings such as community centers, libraries, civic center, etc. g. Expand the sales tax base to include mail order sales/home shopping sources, internet- based commerce. h. Provide that cities and school districts can issue general obligation debt with a majority vote instead of the current 2/3-vote requirement. i. Ensure that, upon dismantling of the South Bay power plant, the City/Agency receives in- lieu revenues to replace any monies lost as a result of plant relocation. j. Provide for fiscal reform in the form of greater reliability, certainty, and equitability of state funding for local governments, k. Reallocate sales and property taxes to the benefit of local governments. 1. Permit government agencies to pass through, to the consumer, the bank fees associated with credit card transactions. Note: The City would be better able to offer the convenience of credit card usage to axea/ residents, businesses if local government were not prohibited from passing these bank costs to the consumer. · m. Protect cities' ability to fund capital improvement projects through tax-exempt bonds. n. Increase the Industrial Development Bond cap, o. Promote cooperative purchasing opportunities for local government, (i.e. master agreements, California Multiple Award Schedules, State price lists) along with opportunities to process and disseminate bids via electronic means. 2. Oppose efforts to: a. Restrict the use of, or reallocate, city revenues such as Vehicle License Fee funds, Transient Occupancy Tax revenues, and Business License Tax revenues. · b. Exempt residential users from the Utility users tax, c, Reallocate fines and forfeitures to the detriment of cities, d. Repeal Gas Tax exemption for local agencies, e. Reallocate sales and property tax revenue to the detriment of cities. f. Limit cities' authority to enact or impose mobilehome or residential rent controL 5 .:31··/ g. Limit cities' authority to: enact and assess fees to recover the full cost of providing user- specific services; recover the full costs of assessment district maintenance; license or lease use of any property within the jurisdiction of the City by telecommunication companies, utilities or cable providers. h, Infringe on home rule authority to act on local budget and fiscal matters or other municipal affairs, or to impose unfunded mandates onto local government. i. Overhaul the California Public Records Act in a way that would: restrict cities' control of the means of access to information assets (e,g. computer databases, proprietary software), limit cost recovery for providing such access, or violate the privacy of the parties from whom the data was collected. j. Limit imposition of franchise fees, taxes, or other compensation for use of public right-of- way; local rate regulation; operational oversight; or right-of-way controls on cable or satellite television operators and other telecommunications providers and utilities. k. Preclude cities from collecting Utility users tax (UUT) revenue on cellular or digital telephone use when negotiating UUT agreements. E. General Government. 1. Support efforts to: a, Subject the State Legislature to the same requirements for public meetings, advance agenda, etc, as are currently imposed on cities through the Brown Act. b. Limit to 1% the amount of administrative costs the Board of Equalization may charge to administer local sales taxes such as San Diego's half-cent sales taxes for transportation and justice facility construction. c. Facilitate increases in Open Space District assessments by an amount not to exceed the Consumer Price Index (CPI) or higher if increased costs are beyond the control of local governments (e,g. imposed by water districts). d. Provide funding for the selection of Chula Vista as the site of a new collaborative campus including l'articipants such as the University of California. California State University. Southwestern Colleee and perhaps an international universitvJ:els@i CIulla "t,7:iøta as tile site sf a Re1'" lTRi @f8i~ sf CatifePRÏa Sf 8~er fsal year Ìf1BäiMti8~ as 1'.~eJfaB eU8Iæ 1:8 kteæææ BlieR Hl. eveMI:UH àesigRa.äsR. e. Provide funding for Chula Vista's SMART Community program, alternative fuels programs, and other technology-based projects. f. Fund school facility construction programs without increasing the fiscal burden of local government. g. Garity the authority of school districts to impose facilities fees established by Ch. 887, Statutes of 1986 (AB2926), h. Maintain Chula Vista's central position in the 40th Senate District and 7<)th Assembly District, 2. Oppose efforts to: a. Mandate district elections in all cities and/ or school districts. 6 .3/-9 b. Impose border crossing fees on the U.S./Mexico international border. c, Impose greater restrictions on local government through amendment of the Brown Act d. Divide cities among multiple Congressional, State or Supervisorial districts. · F. Housing & Community Development. 1, Support efforts to: a. Exclude redevelopment agencies from competitive bidding statutes and fair market value restrictions for resale of public properties to permit joint development of public facilities by private developers upon findings of public benefit b. Extend the following three Federal Low,Income Housing Programs: i, Mortgage Credit Certificate Program for low/moderate income home buyers; Ü. Tax Credits for low income housing programs; and, ill. Continue funding for HUD HOME and HOPE Programs, · c. Change Federal banking regulations to exempt banks from having to count financing or Letters of Credit for low income housing in their risk capital limit calculations. d. Provide additional or enhanced State/Federal or other assistance to first-time homebuyers, including efforts to increase funding for the City's Mortgage Credit Certificate program. e. Support principles for housing element reform legislation as recommended by the SANDAG Housing Element Advisory Committee and approved by the SANDAG Board. f. Prevent the loss of affordable housing units through federal funding for acquisition of at- risk units by non-profit agencies; and special section 8 subsidies for affected low-income tenants. · g. Encourage the use of alternative dispute resolution measures as opposed to costly and time consuming litigation in condominium and townhouse construction defect challenges. Note: The proliferation of lawsuits over alleged construction defects has led to a substantial withdrawal from condominiwnj townhouse construction by the development industry throughout California. These attached homes are a aitical element in the first-time home buyer market. h. Develop Federal and State participation and financial support for programs to provide adequate housing for the elderly, handicapped and low-income persons throughout the community. L Maintain and create tax incentives for private revitalization of existing commercial, industrial and housing resources where such assistance benefits the City. j. Allow local jurisdictions to adopt the International Residential Code as an alternative to state-mandated codes as a means of reducing the cost of new housing. Note: warring faCtiOIlS in the building industry are manipulating current state codes in a power struggle. This addition to the Legislative Program is suggested as a means of neutralizing that power struggle while still meeting the safety needs of the public. 2. Oppose efforts to: a. Grant the State or Federal government approval or veto authority in the implementation of local redevelopment and rehabilitation projects. · 7 . ...3/-/ t) b. Prohibit any state agency from making subventions, financing, insurance or any other kind of assistance, available to any city or county that has in effect any rent control measure. G. Land Use Planning. 1, Support efforts that: a. Strengthen local governments' powers and capacity to prepare, adopt and implement plans and programs for orderly growth, development, beautification, and conservation of their plamúng areas. b. Are consistent with the doctrine of "home rule" and the local exercise of police powers, through the planning and zoning processes, over local land use, c. Expand the land use, conservation, and growth management policies of municipalities to the unincorporated territories within their spheres of influence, d. Broaden local government's power to require developers and subdividers to provide the on-site and oft-site facilities and infrastructure needed by their projects. e. Maximize the authority of the City to exercise local control over general plan decisions. f. Require special districts and school districts, including community colleges, to adopt facility master plans which are consistent with City and County general plans and growth management programs, and to adopt five year capital improvement programs and financing plans which are consistent with their facility master plans. g. Limit Coastal Commission authority over land use decisions outside the Coastal Zone, including those that are tied to Federal permits such as Habitat Conservation Plans and Incidental Take Permits pursuant to the Federal Endangered Species Act. h. Provide local government incentives and funding priority for facilitating smart growth principles in their planning programs. 2. Oppose eftorts to: a. Abridge local governments' ability to effectively plan, or regulate local land use including: amendments to the laws governing the local agency formation commission (LAFCO); legislation which would financially overburden local governments in their efforts to amend plamúng policy, regulate land use through removal of incompatible developments, redevelop blighted areas, or annex territories which are within a city's spheres of influence. b. Site airports that would adversely impact the Chula Vista area. c. Politicize the adoption of State Mandated Building and Life Safety Codes. d. Introduce major changes to Building, Energy or Accessibility code requirements without providing sufficient time and resources for local government and industry training. H. Library, 1. Support efforts to: a. Provide continued, augmented or full funding for the: California Public Library Fund (PLF), Library of California and California Library Services Act (CLSA), including 8 .3/-// Transaction Based Reimbursements, literacy programs and library services for all age groups, b. Provide for continued and/ or augmented funding of the Federal Library Services and Technology Act. c. Fund library construction and/ or renovation. d. Provide programs at both the State and Federal level that guarantee for libraries the largest possible discount in rates for telecommunication services, internal connections and access to the Internet. . e. Preserve existing provisions that exempt libraries from having to act as censors of literature or information. I. Parks & Recreation. 1. Support efforts to: a. Provide State/Federal funding for such City programs as those supporting: the arts, child care, after school programs, gang prevention and diversion, and drug prevention and intervention in a community-based recreation setting. b. Provide funds for construction of new parks as well as renovation of deteriorating park and recreation facilities. J. Public Employer-Employee Relations. 1. Support efforts to: a, Protect the rights of cities to establish conditions of employment, including hours, wages, employee benefits, the meet-and-confer process, appeal procedures, and management rights. . b. Reform California Workers' Compensation Program to reduce public costs and tighten restrictions. c. Amend the Fair Labor Standards Act to ensure that executive, administrative and professional employees still qualify as exempt. 2. Oppose efforts to: a. Impose restrictions on the scope and authority of charter cities to control their own health plans or retirement systems. b. Mandate the inclusion of local government employees in the Social Security System and/ or Medicare. c. Increase workers' compensation benefits without also making needed reforms. d, Mandate changes, impose limitations, and/or other benefit plans, wages, hours, or working conditions that are properly determined through the meet- and-confer process. e. Mandate binding arbitration in public employee disputes. 9 .:3/ -/.).. f. Reduce local control over public employee disputes and impose regulations of an outside agency (such as PERB). g. Prohibit employers from testing employees or employment applicants for illegal substances. K. Public Liability. 1. Support efforts to: a. Change the legal principal of "joint and several liability" to protect the City against "deep pockef' liability. b. Reinforce public entity design and discretionary act immunity, c. Prohibit recovery by a plaintiff for injury where those injuries were caused as a result of avoiding a police pursuit. d. Minimize governmental financial exposure to frivolous lawsuits and improve liability protection for governmental agencies and their personnel. e. Expand the existing list of "hazardous activities" so that public entities and public employers are not liable for injuries to any individual(s) who participate in these activities (e.g. skateboarding, rollerblading). 2. Oppose efforts to: a. Further erode government immunity. b. Force the City to accept risks it would not normally accept in the ordinary course of business (e.g. mandating acceptance of below-grade or low-grade sureties on performance bonds or labor and materials bonds). c. Repeal Proposition 213 (1996) that prevents uninsured motorists from collecting damages, other than property damages, through litigation. Note: Trial Lawyers Assoc. hopes to repeal this measure protecting cities, among others, from undue liability. 1. Public Safety. 1. Support efforts to: a. Strengthen present State and Federal laws that give local governments the power to further restrict or regulate prostitution. b. Increase penalties for the manufacture or sale for profit of dangerous drugs, c. Prohibit the sale and brandishing of replica or facsimile firearms, d. Toughen drunk driving laws, penalties or enhancements. e. Strengthen the City's ability to regulate public displays of material that is harmful to minors. f. Legalize alternative methods of police enforcement activities, 10 ~/-/.3 -...-------..---------- g, h. i. j. k. . 1. Provide greater authority for police or other local agencies to control graffiti, curfews, juvenile crime and alcoholic beverage control. Provide funding for local public safety staffing, programs or equipment, as well as programs that foster interdepartmental or inter-agency cooperation, Develop a uniform "junk gun" ban that does not restrict the type of weaponry used by off, duty law enforcement officers. Protect local governments' ability to establish/determine the level of Emergency Medical Service (EMS) provided within their own boundaries. Provide reimbursement to local government for "first responder" costs associated with pre- hospital treatments such as those provided by local fire department personnel. Increase municipal funding for the removal of abandoned vehicles. 2. Oppose efforts to: a, Preempt local public safety ordinances. b. Reduce State/Federal funding for public safety programs. c. Reduce or impair the authority of local agencies to control graffiti, curfews, juvenile crime and other public safety issues. d. Change/ remove date, and/or shift to the employer, the burden of proof related to all illness presumptions. M. Public Works & Transportation. 1. Support efforts to: a. Provide funding to complete missing freeway links (e.g. SR-125 and 1-905) and other critical transit corridors or transportation projects. Note: Construction of the Sweetwater segment of SR-l25 has begun. It is in the City's best interest to ensure that completion of the project remain a high priority for the State. . b, Reduce municipal costs associated with CalTrans projects. c. Allow local agencies flexibility in compliance with the Americans with Disabilities Act to provide the greatest benefit to the local disabled population, rather than committing scarce resources to achievement of 2 % maximum sidewalk and driveway slopes. d. Revise speed limit laws to allow for radar enforcement of residential street speed limits (e.g. at levels below the 85th percentile as determined by a traffic study). e. Require CalTrans to allow cities an exemption from CalTrans' public work project requirements if that required work is a result of improper maintenance on CalTrans' part. or, require CalTrans to pay for such additional work if it is included as part of a local agencý s public works project. f. Amend PUC regulations to prohibit utilities from locating cables directly into concrete sidewalks and require said cables to be placed 24"-36" below sidewalk surfaces. Note: Engineering and Public Works staff report an on-going problem in finding telephone cables embedded in the concrete sidewalks. Sidewalk reconstruction becomes virtually impossible without damaging the cable lines. 11 , .3/-/1' g. Exempt all city vehicles and transit drivers from the Biennial Inspection of Terminals program requirements for "drivers hours of service" during emergencies, similar to the exemption granted to gas and electric companies. Note: This program was intended to regulate the times that commercial truck drivers spend on the road. but has . no exemptions for city vehicles other than those operated by the Fire Department. It urmecessarily restricts city public works vehicles and hampers local governments' ability to respond to emergency situations such as flooding or earthquake damages. h. Increase the priority given to public works facility funding from State and Federal sources to projects (including but not limited to roads, bridges and light-rail transit facilities) that are linked to implementation of "smart growth" policies (e.g. jobs/housing balance, transit oriented development, etc,) i. Allow cities to collect fees for use of the public right of way from currently exempt users such as telecommunications companies. j. Provide funds to assist cities in meeting the National Pollutant Discharge EIimination System (NPDES) requirements. k Provide fair share allocation of clean water grants and bond funding to communities in southern California. Note: A disproportionate share of these funds currently go to northern California. 1. Support efforts to reQuire public and private utilities to design. locate and screen utility cabinets. boxes. pedestals and backfIow preventors adiacent to the public right-of-way in aestheticallv acceptable manner to local iurisdictions. m. Place a greater emphasis on providing infrastructure funding to cities that do . smart growth' planning. 2. Oppose Efforts to: a. Further restrict development impact fees for roads, bridges, and public facilities levied against developers of property. b. Further restrict fees and assessments levied against individuals or entities receiving a special benefit. N. Redevelopment. 1. Support efforts to: a. Amend the State Community Development law to allow a jurisdiction to combine tax increment from all projects for use in a specific project. b. Extend the life of redevelopment project areas, as well as the time during which debt may be incurred or issued in those project areas. c. Facilitate the formation of Business Improvement Districts and extend the life of those districts. d. Increase funding/ incentives to redevelop brownfield projects e. Adjust Redevelopment Agency members pay (more than $30 per meeting, up to 4 times per month). 12 ~/"'"/5 f, Provide funding for urban waterfront restoration projects and the enhancement of the waterfront within the southern San Diego Bay, g. Provide funding for the Chula Vista Nature Center. h, Facilitate the recommissioning, redesign or relocation of the San Diego Unified Port District South Bay Power Plant and assist with the redevelopment of this bayfront property. i. Coordinate Federal Coast Zone Management Act, Environmental Protection Agency (EPA) regulations and State Coastal Zone Act, in an effort to eliminate duplicate efforts, j. Allow certain land uses under the State Tidelands Act that are conducive to providing jobs in the "high tech industry". 2. Oppose efforts to: a. Discontinue State supplemental subvention for redevelopment agencies. b. Further control or restrict the u,se of tax increments in redevelopment projects. c. Reduce the number of San Diego Unified Port District Commissioners and/or require commissioners to be elected members of the city council that they represent ' c\... \2004\memos\05dftlegpgm.doc 13 , d¡-/6 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE 2005 LEGISLATNE PROGRAM WHEREAS, Council Policy 300-01, dated January 1987, provides for the adoption of a City Legislative Program; and WHEREAS, the Legislative Program represents the City Council's position on items likely to be acted upon by the State Legislature, Congress, or administrative agencies; and WHEREAS, by adopting a Legislative Program at the beginning of each two-year legislative session and amending it at mid-term, Chula Vista is able to take a proactive role in sponsoring, supporting, or opposing bills related to the City's varioùs legislative priorities; and WHEREAS, it is necessary to adopt an updated 2005 Legislative Program to guide staff and the City's legislative consultant throughout the coming legislative session. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby adopt the 2005 Legislative Program as set forth in Exhibit "A". BE IT FURTHER RESOLVED that staff and the Legislative Committee are hereby authorized to implement this program. Presented by Approved as to form by ~!.dø{Y' !þ¿Þ Moore . ¿ity Attorney David D. Rowlands, Jr. City Manager J:\attorney\reso\policy\Legislative Program 2005 31-/7 Ii ¿/ì) 1F-~/ Update In Sacramento 1. The budget details are due January 10. It looks as if there was a $7 billion shortfall this year, and a predicted $10 billion shortfall in 2005. (The Governor has made a commitment not to dip into education and local government). 2. The State of the State is scheduled for January 5th (some budget details may come out at this time). 3. The Governor and his advisors are considering a long list of proposals to change the shape of legislative and congressional districts (to be drawn by retired Judges), require rapid disclosure of campaign donations, impose new limits on state spending, and subject the Legislature to more public scrutiny. Schwarzenegger has a couple of options: . Enact the new voting requirement through a bill that the Legislature will need to adopt through a majority vote. . Go to the ballot and get approval from voters, a strategy that has been effective for him in the past. The Governor is the only one with the ability to call a special election, and he is considering it. He needs to giue notice no later than 5 months ahead of the preferred date. 4. The California Performance Review, another item on the Governor's agenda, is hit or miss as far as making it on the ballot should the Governor call a special election. The California Performance Review is a set of recommendations from the governor's massive top-to-bottom review of state government. The major components include executive branch reorganization, program performance assessment and budgeting, improved services and productivity, asset management reform and acquisition reform. To see full reports log onto http: II cpr.ca.gov I · The California Performance Review: . Consolidates power within the Executive Branch . Eliminates 118 of the 339 state boards and commissions while moving many of their responsibilities to the executive branch. 5. Upcoming discussions and issues in Sacramento: · Illegal Driver's Licenses · Same-Sex Marriage (AB 19 - Leno, Núñez, Goldberg) · The Energy Shortages is a pressing issue affectirtg the State. Some predict shortage dilemmas starting at the end of the next calendar year, going into 2006. · Policy for an early end to parole supervision to save revenue. (Unsure yet what that would mean for local law enforcement). · Regional Water Quality Issues (proposal to have permitting issues go to the State and have the regional board act as a planning commission). · Big Priority for the Governor and the Democratic Legislature is CREATING JOBS · If the special election happens, the Community College League is likely to put an initiative on similar to Prop lA · Split roll property tax. (Increase commercial and business property tax, separate from home, to go to education). Not popular as of now because of there is concern that an increase in property tax would raise prices. *--. *--. *--. *--. *--. *--. *--. *--. tAUfOIIIIA IIMUC ....--. ...-- ...-.- ...-....... tAUfOUI'.1WUI: ...-.-. ...--. PAGE 1, ITEM NO.: '3:::L MEETING DATE: 12/1412004 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP FOR HIGHER EDUCATION PLANNING AND CONSULTING SERVICES FOR THE CITY'S HIGHER EDUCATION STRAT Y {.."vf SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR REVIEWED BY: CITY MANAGER 4/STHS VOTE: YES D NO 0 BACKGROUND The Chula Vista City Council has established a policy to attract a first-rate college or university to a 1500-acre site that has been set-aside for this purpose within the Otay Ranch area of the City's General Plan, In support of the Council's strategy of enhancing cultural, educational and recreational opportunities and as part of the City's Economic Development Strategy, the City has identified "educational excellence" and the development of a new, full-service campus as a top priority. In November 2003, the City Council/Staff University Working Group finalized the process of interviewing qualified candidates to assist with the strategic planning process, including the development of a conceptual master plan, identifying model institutions that are compatible with the City's established values, and facilitating potential partnerships. As a result of this competitive process, the City Council/Staff University Working Group selected the team of consultants lead by STRATUS and awarded a contract for a specified scope of work totaling $288,050. As the University Working group and STRATUS have met requirements covered in the original scope of work, momentum on the University Project has increased and the Council/Staff University Working Group has determined additional aspects of higher education planning and consulting services were needed which were not included in the original scope of work. As part of the FY 2005 budgeting process, City Council appropriated an additional $250,000 to continue efforts related to the development of it's Higher Education Strategy. Subsequent to this appropriation, STRATUS has provided services to support these additional requirements, 32-1 PAGE 2, ITEM NO.: s::::::L.. MEETING DATE: 12/14/2004 RECOMMENDATION Staff recommençls approval of the resolution amending the original agreement with STRATUS for the development of the higher education recruitment strategy. The proposed amendment would authorize the additional work in the amount not to exceed $225,000, BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION Backqround: In November 2003, the City Council/Staff University Working Group finalized the process of interviewing qualified candidates to assist with the strategic planning process, including the development of a conceptual master plan, identifying model institutions that are compatible with the City's established values, and facilitating potential partnerships. As part of the selection process, Community Development and Planning Department staff met with four candidate organizations representing a broad range of expertise related to campus planning and development As a result of this competitive analysis process, the City Council/Staff University Working selected the team of consultants lead by STRATUS, STRATUS, a division of the JCM Group was officially retained on February 3, 2004 and has provided exceptional services for the development of a Higher Education Recruitment Strategy. During the original contract, the City benefited greatly from the activities completed by STRATUS, The completed work from the original contract scope included: · Reviewing Background Materials · Reviewing General Plan Land Use Options and Evaluating Implications for the Development of the Higher Education Site and Regional Technology Park · Participating at the January Joint City Council and Planning Commission Workshop on General Plan Land Use Options · Conducting Stakeholder Interviews · Compiling a Comprehensive Site Analysis · Developing a Vision, Guiding Principles, and Interconnected Themes · Identifying Structural Models · Developing Campus/Technology Park Site Plan Concepts · Developing a Public Participation Process · Evaluating Campus/Technology Park Concepts 32-2 PAGE 3, ITEM NO.: ~ ~ MEETING DATE: 12/14/2004 · Evaluating Implications for the General Plan · Developing a Set of Implementation Strategies; and · Developing and Presenting a Final Report Beginning in July 2004, the City Council/Staff University Working Group requested work beyond STRATUS' original scope that became necessary due to the successful completion of their initial tosks, the identification of strategies related to the potential Global Energy Center recruitment, and the momentum created by public interest in the project, Per the request from the City Council/Staff University Working Graup, STRATUS has provided an amended scope of work which includes additional activities that have been underway beginning in July 2004 and will continue thraugh December 2004, These activities include: a, City Council Related Meetings 1, Staffing on-going University Working Group Meetings, 2, Consultant services for first public City Council Workshop, 3, Preporatory work, meetings and correspondence with Staff. b, Auraria Higher Education Center Site Visit 1. Preparatory work and coordination with Institution. 2. Consultant support for University Working Group (Dr. Sal Rinella and Rod Rose), c. City Hosted Tours 1, Preparatory work, including presentation development, renderings, additional research, and meetings, 2, Consultant Services for visits by potential University Park participants, d, Coordination with General Plan Update 1, Ongoing assistance and consultation (University Focused) 2, Initiation of preliminary meetings for the future Phase II Framework Strategy and/or Campus Master Plan. e, Communications and Research 32-3 PAGE 4, ITEM NO.: ",S,J MEETING DATE: 12/14/2004 1, Ongoing assistance in the development of press releases, and meetings with editorial boards and members of the press 2, Initial research on governance models, legal entities, and discussions with potential executive director candidates for the purposes of creation of on interim governance structure In addition to the above, the City Council/Stoff University Working Group has requested that STRATUS prepare 0 Phose II Planning proposal and scope of work that will be analyzed and presented to Council on January 18, 2005, Phose II anticipated costs will include activities required for January 2005 through June 2006, FISCAL IMPACT This action will result in no net impact to the General Fund, Sufficient funds hove been identified in the Community Development Deportment Budget for fiscal year 2004-05 (Approved and Adopted June 15, 2004) for costs associated with the expanded scope, A total of $520,000 has been appropriated to dote, Of this total, $288,050 was for the original STRATUS contract. Today's action authorizes 0 contract amendment of $225,000. ATTACHMENTS 1. Original Agreement 2. Scope of Work J:\COMMDEV\STAFF.REP\2004\12-14-04\Strctus - First Amendment.doc 32-4 ATTACHMENT 1 Agreement Between City Of Chula Vista And STRATUS, A Division Of The JCM Group For Consulting Services Related to the Development of a Higher Education Recruitment Strategy This agreement ("Agreement"), dated February 3, 2004 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 rCity"), whose business fonn is set forth on Exhibit A, paragraph 3, and the entity Indicated on the attached Exhibit A. paragraph 4, as Consultant, whose businessfonn is set forth on Exhibit A, paragraph 5, and whose place of business and.telephone numbers are set forth on Exhibit A, paragraph 6 rConsultanr1. and is made with reference to the following facts: Whereas, Consultant submitted a proposal to provide professional services as required for the development of a Higher Education Recruitment Strategy; and, Whereas, City desires to retain Consultant to assist the City with the preparation of proven positioning goals and a higher education røcruitment strategy, to achieve its Economic Development Strategy goal to "Promote Educational Excellence"; and, Whereas, Consultant possesses extensive expertise in advising public and private entities regarding the development of higher education campuses; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the tenns and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) (/J ..../1 T 32- Page 1 Obliaatorv Provisions Paaes NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultanfs 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. Time extensions for delays beyond the consultanfs control, other than delays caused by the City, shan be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time. when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 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 SBlVices 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, Consuttant shall perform same on a time and materials basis at1he rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate Page 2 3~_~/t fIXed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perfonn in a manner consistent with that level of care and skill ordinarily exercised by membem 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 Besfs 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 LiabUity 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 Coverageft). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General LiabHity 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 Certif"rcates of Insu ranee demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liabDity Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shaU deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. t-/1 32-7 Page 3 H. Security for Performance, (1) Performance Bond. In the eventthat Exhibit A, at Paragraph 19, indicates the need fcrConsultant 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.gov/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 au1horized 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 to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, -Letter of Credit", in said Paragraph 19. Exhibit A (3) Other Security In the event that Exhibit A, at Paragraph 19. indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City ((' "20 32-8 Page 4 A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the pÌOgress 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 Consultanfs performance of this agreement B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for aU services rendered by Consultant aCCOrding to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth In paragraph 19 of ExhIbit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. Timely payment of Consultant's invoices is a material part of the Agreement. If Consultanfs invoices are not paid within sixty (60) days of submission. Consultant may, at Its sole discretion, stop work until the past due invoices have been paid, at which time Consultant shall resume work. 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 specificaHy contain the City's account number indicated on Exhibñ A. Paragraph 18 (C) to b9 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 0;t' Page 5 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 Delìverable, the consultant shall pay to the City, or have withheld from monies due. the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ¡-Liquidated Damages Rate-). Time extensions for delays beyond the consultant's control, other than delays caused by the City. shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the wor1t 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 ·Consultanr 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 Attomey. 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 govemmental 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 Page 6 L -2"2-. ~-10 Fair Political Practices Commission. and has determined that Consultant does not, to the best of Consultant's knowledge, have, an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the te"" of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant win 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 rConsultant Associates") presently have any interest, directly or Indirecuy, 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 Defll1ed Services, ("Prohibited Interesf'), 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 madem Consultant or Consultant Associates in connection with Consultant's perfonnance 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 pe""ission of City. Consultant may not conduct or soßcit 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. ~-23 32-11 Page 7 7.1 Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attomey 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 Consultanfs employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against allliabnity. 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. 7.2 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 negrJgent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify, defend and hold harmless 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 Consultanfs obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice ofT ermination, not to exceed the amounts payable hereunder. and less any damages caused City by Consultanfs 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 ~ -.;2 V 32-12 PageS 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. 1 O. 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 satisfacfDrywork 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 ~Pennitted Subconsultants", 12. Ownership, Publication, Reproduction and Use of Material All reports, studies. information. data, statistics, forms, designs, plans. procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced In whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act). distñbute. 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. Without obtaining City's express written consent, Consultant may use the Project name, Project description. and any non- techn ical and non-professional public documents it produces to facilitate Consultant's Mure marketing efforts. 13. Independent Contractor City Is interested only in the results obtained and Consultant shall perfonn 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 Consultanfs agents, employees or ''''2~ 32-13 Page 9 representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax. social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14, Administrative Claims Requirements and Procedures No su it 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 fuDy set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. . Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The °prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16, Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall, if requested by City. include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker andlor Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of Califomia or some other state as a licensed real ~- 2., C!J 32-14 Page 10 estate broker or sarespernon. 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 property given or served if pernonally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the Jaws 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 Chura Vista. (next page is signature page) ~-)1 32-15 Page 11 Signature Page to Agreement Between City of Chula Vista and STRATUS. a division of The JCM Group For Consulting Services Related to the Development of a Higher Education Recruitment Strategy IN WITNESS WHEREOF. City and Consultant have exewted this AgreelTlerlt thereby indicating that they have read and understood same, and Indicate their fun and complete consent to its terms: Dated: ,200_ City of Chula Vista By: Stephen Padilla, Mayor Attest: Susan Bigelow. City Clerk Approved as to form: Ann Moore, City Attorney Dated: STRATus. . ."""on of~' By:Q~1 Richard Gartland, Chief Financial Officer EXhibit List to Agreement ( x ) Exhibit A. Page 12 ~-:;.r 32-16 Exhibit A . to Agreement between City of Chura Vista and STRATUS, a division ofThe JCM Group 1. Effective Date of Agreement: November 19, 2003. 2. City-Related Entity: (x) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chuta Vista, a politicaJ subdivision of the State of CaJiforrua () Industrial Development Authority of the City of Chula Vista, a () Other: business form] , a ~nsert 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: STRATUS, a division of The JCM Group 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (x) Corporation 6. Place of Business, Telephone and Fax Number of Consultant 6420 Wilshire Boulevard, Suite 1800 Los Angeles, California 90048-5502 Voice Phone (323) 651-1776 Fax Phone (323) 6064248 Page 13 ~-J. 9 32-17 7, General Duties: The Consultant shall provide consulting services related to the development of a Higher Education Recruitment Strategy. Consultant shall develop recommendations for positioning goals and dñve consensus among key department staff on these goals. Consultant shall make recommendations abou1future recruitment strategies and activities and. if appropriate. utilizing outside resources to complement or add to those of the intemal staff. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Project Kickoff Consultant will meet with City Staff to organize the project; identify appropriate Staff resources; determine the consultetion/communication process with Staff, Working Group, Planning Commission, and City Council; and determine schedule constraints and engagement deliverables. Tasks will include: · Meetings with Staff · Confirm work plan · Identify key leaders for interview · Recommend alternatives for public participation Review Background Materials Consultant will review pertinent background baseline data, reports, studies, and other materials that may influence the development of a higher education institution and technology park on the designated Qtay Ranch site; and identify critical issues and planning assumptions. This will encompass: · Population and socio-demographics · Workforce characteristics · Economic Development Strategy · Housing (including affordability) · Transportation and infrastructure · Environmental resources · Policy and regulatory documents (General Plan, zoning ordinance, MSHCP, etc.) · Environmental Impact Reports · Issue Papers prepared by other consultants, including Campus Master Plan prepared for Otay Land Company Review General Plan Land Use Options and Evaluate Implications for the Development of the Higher Education Site and Regional Technology Park Consultant will meet with City staff and review the land use options that have been formulated for the updated General Plan and identify critical assumptions and analyses that Page 14 Ç,-3ð 32-18 may be related to and affect the development of the proposed Higher Education site and technology park. Factors to be considered by Consultant wDl include: · land use designations (type. densityñntensity, other) Including those for non-higher education uses such as commercial and residential uses. · Net land area designated exclusively for Higher Education and related purposes. · Lands designated for ·spin-off" or ·supporting uses," include Research and Development uses. · Development capacity of the EastlOtay Ranch planning sub-area and comparison of this with SANDAG's regional growth and housing needs forecasts. . · Anticipated mix of housing units (single-family detached, attached, multi-family. etc.) and, if available, housing prices. · Amenities proposed forthe EastJOtay Ranch planning sub-area that may be used to attract the development of a higher education facility (parks, open spaces, cultural, "livable neighborhoods: transit-oriented development, etc.). · Transportation Plan. Level of Service standards, and planned improvements (how will the site be accessed?): automobile, public transit. bicycle, pedestrian, truck, other. · Infrastructure Plans (e.g., howwUl the site be served?) Based on the review of the informa1ion provided by staff. Consultant will formulate a comparative description of the implications of the land use altematives. This may consider such factors as: .. Sufficiency of the land area to accommodate a range of higher education facilities. · Sufficiency of the housing supply to accommodate students. faculty, staff, and other populations generated by the development of a higher education institution. (Determined by comparing the subarea's housing capacity with regional growth forecasts. If the housing capacity matches regional growth forecasts, there may be insufficient housing to meet the needs of a higher education facility). · Compatibility of adjoining land uses with a higher education facility. · Accommodation of uses within the planning sub-area and adjacent to the site that can capitalize upon the presence of an adjoining higher education facility, such as a research and development park. · Ability to accommodate transportation access needs for a higher education facility. · Ability to provide infrastructure and public services to support the needs of a higher education facility. · Presence of any use, design characteristic, or other attributes that may uniquely benefJt the attraction of a higher education facility. Joint City Council and Planning Commission Workshop on General Plan Land Use Options Consultant will provide Staff with preliminary implications of the three candidate General Plan land uses altematives on the development of a higher education facUity and technology park at the proposed Otay Ranch site for presentation at the Joint City CounciVPlanning Commission workshop. Consultant will be available as a resource to the Page 15 (- :r2~!I meeting to render expert opinion on higher education and campus planning and development. The detailed evaluation will be conducted during the "Testing Phase" of the General Plan Update process, following approval by the City Council of the proposed alternatives. Stakeholder Interviews Consultant will conduct up to forty (40) interviews with key community stakeholders to understand their perspective on the development of higher education institution and technology-park on the Otay Ranch site, as well as perceptions of critical obstacles and issues associated with such development. Questions will be posed regarding a variety of topics, and may address the type(s) of institution(s) to be attracted, its physical "fit" with surrounding land uses (an "island" or integrated development), the character and urban fonn of the site's physical development, desired induced economic development benefits for the community (e.g., incubator or research and development industries), role of the institution in fostering community culture, social well-being, and activity, and other related topics. The input will be reviewed for its implications in defin ing the higher education models to be considered and physical site planning parameters. Following the interview process Consultant will work with Staff to establish a Steering Committee comprised of existing Working Group members supplemented by key stakeholders identified through the interviews. Site Analysis Consultant will compile baseline data for the designated Otay Ranch site from available reports, studies, and other sources and evaluated for its implications for the development of a higher education facility and technology park. Representative data, as available, will include: · Existing land uses on the site and adjoining properties · Entitled and planned land uses on adjoining properties · Existing policies and regulations that may affect the development of the site (including the MSHCP) · Plant and animal habitats, including those that are protected through the MSHCP and conservation and open space agreements · Topography · Hydrology and drainage patterns · Geologic and soil constraintsllimitations (faulting, landslide, liquefaction, etc.) · Existing noise sources that may impact the site · Wildfire hazards · Existing and proposed circulation network (automobile, truck, public transit, bicycle, pedestrian, equestrian, other) · Existing and proposed water, sewer, energy (electricity and natural gas), storm drainage, telecommunications and digital, and other infrastructure · Other material factors Page 16 ~-3~ 32-20 One to three maps will be prepared, using traditional techniques rather than GIS that document development constraints based on the preceding research. Using this information, development "envelope" prototypes wnl be formulated that indicate the possible location of buildings and the resulting development capacity of the site will be calculated. This will be prepared in collaboration with BMS Design Group. Vision, Guiding Principles, and Interconnected Themes Formulation of the Vision, Guiding Principles, and Interconnected Themes for the higher education Institution and technology park will be a collaborative process between Consultant and the Steering Committee. Consultant will provide input regarding: strategic finks both internally and externally to the City; potential programs and services to be provided; and econorrùc and physical development of the site and surrounding community, particularty focusing on policy components that are related to the City's General Plan. This may address: · Functional rple of the higher education facility · Functional role of the regional technology park · Site development opportunities/constraints · Economic development opportunities · Land use inter-relationships · Physical form and character · Sustajnability · Community amenities · Relationship to local and regional transportation systems · Relationship to natural resource and other open space systems · Other material issues Identify Structural Models Consultant wiJI conduct research to identify two to three (2-3) campusltechnology park models consistent with the City's vis/on and goals (number of models determined by City), and the vision, guiding principles and interconnected themes set forth by the Steering Committee, incorporating national benchmarks and best practices. The City may elect, at additional cost, to have Consultant organize and conduct site visits to identified models, This would likely involve a core group of the Steering Committee. In consultation with the Steering Committee, Consultant will identify two (2) models forfurther study and evaluation. Develop CampusfTechnology Park Site Plan Concepts Consultant will develop two (2) general conceptual site plans/campus layou1s based on the preferred andlor feasible models identified in the "Identify Structural Models" Task set forth above. The conceptual site plans will identify major land use zones and interrelationships within campus boundaries; relationship to surrounding land uses; circulation/access corridors· vehicular, bicycle, pedestrian, transit; and summarize planning assumptions (enrollment, density, development capacity etc.). Page 17 ~- .33 32-21 Public Participation Process Consultant in consultation with Staff WIll design (only) ;;¡ public participation program to further test the concept(s) choosing from a variety of techniques such as: community "coffees," public forumslworkshops. focus groups. and/or children's and youth programs which utiljze the local school in which the children become the conduit to their parents; as well as meetings with the Working Group/Steering Committee. Planning Commission. and City Council. Evaluate CampusITechnology Park Concepts Consultant will test concepts against vision, guiding principles, interconnected themes, and goals and objectives; and evaluate the implications of the defined concepts for the surrounding Otay Ranch area and greater Chula Vista community. Consideration will ¡ndude: . Land uses o Required land area and physical configuration o Compatibility and inter-relationships with adjoining uses o Types of land uses needed to support the institution, such as student, faculty, and staff housing o Types of new land uses induced by the development of the institution o Uses and amenities requ ired to attract the development of the institution o Community character (in consideration of function, intensity of activity, academic mission, physical folTO and character, etc.) · Transportation and infrastructure o Transportation systems and networks required to support the development of the institution (streets and highways, public transit, other) o Utility infrastructure (water, sewer, stOITO drainage, energy, telecommunications) required to support the development of the institution (e.g., specialized infrastructure for the institution's research functions) . Public services o Required to support the institution (police, fire, govemance, library, cultural, recreation, youth services, other) o Potential public service benefits and joint partnerships with the institution · Environmental resources o Impacts on plant and animal communities, air quality, and other natural environmental resources o Opportunities to capitalize upon the site's and region's environmental resources At the conclusion of the evaluation a position paper which summarizes the findings of the evaluation of both concepts will be produced by Consultant Implications for the General Plan The City of Chula Vista's General Plan goals, policies. and programs will be reviewed for their consistency in accommodating the preferred campuSltechnology park concept(s). Where conflicting, Consultant shall recommend policy revisions and, where absent, new Page 18 ~-31( 32-22 policies will be drafted fer the City's consideration. This will encompass both textual and mapped policies. Implementation Strategies Consultant will prepare a set of implementation strategies and resource needs _ a "road map' to advance the selected campus/technotogy park concept(s). The strategies will address the following steps: · Marketing/recruiting educational, corporate and civic partners · Physical master planning and entillements · Development/Construction · Operations Final Deliverables Consultant will prepare a final report that summarizes the process and findings related to this engagement; a PowerPoint presentation will also be provided, which can used to communicate with internal and external audiences about the campusltechnology park concept(s). Status Reports After this Agreement is executed and until its term has expired, Consultant will provide a weekly oral status report on the project's progress. Any outstanding Issues associated with the project shall be discussed by both Parties at that time. Consultant also agrees to attend a monthly-scheduled consultant/dient meeting in which issues and the project's progress will be discussed in greater depth. B. Date fer Commencement of Consultant Services: (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Project Kickoff Due date: December 10, 2003 Deliverable No.2: Review Background Materials Due date: January 30, 2004 Deliverable No.3: Review General Plan Land Use Options and Evaluate Implications for the Development of the Higher Education Site and Regiona! Technology Park Due date: February 27,2004 Page 19 ~ - 3S- 32-23 Deliverable No.4: Joint City Council and Planning Commission Workshop on General Plan Land Use Options Due date: January 14. 2004 Deliverable No.5: Stakeholder Interviews Due date: February 13, 2004 Deliverable No, 6: Site Analysis Due date: February 20.2004 Deliverable No, 7: Vision, Guiding Principles, and Interconnected Themes Due date: March 9, 2004 Deliverable No.8: Identify Structural Models Due date: March 26, 2004 Deliverable No.9: Develop CampuslTechnology Park Site Plan Concepts Due date: March 26, 2004 Deliverable No,1 0: Public Participation Process Due date: April 30. 2004 Deliverable No.11: Evaluate CampuslTechnology Park Concepts Due date: May 21, 2004 Deliverable No. 12: Implications for the General Plan Due date: May 21, 2004 Deliverable No. 13: Final Deliverables Due date: June 30, 2004 D. Date for completion of all Consultant services: June 3D, 2004 (except attendance at public hearings which could occur after this date) 9. Insurance Requirements: (x) Statutory Worker's Compensation Insurance (x) Employer's Liability Insurance coverage: $1.000,000. (x) Commercial General liability Insurance: $1,000,000, Page 20 ~-3' 32-24 (x) Errors and Omissions insurance: None Required (included In Commercial General Liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10, Materials Required to be Supplied by City to Consultant: Not applicable 11 , Compensation: A. ( ) Single Fixed Fee Arrangement B. ( ) Phased Fixed Fee Arrangement. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant In the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (x) Not-to-Exceed Limitation on Time and Materials Arrangement Notwitilstanding 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 Two Hundred Seventy Thousand and Fifty Dollars (S27D.OSO), which includes aU Materiais and other "reimbursables· ("Maximum Compensation"). RATE SCHEDULE ~-37 32-25 Hourly Rate $200 $200 $175 $175 $150 $150 $140 $110 $110 $95 Page 21 Graphics/Clerical STRATUS Staff Person $80 GraDhics/Clerical BMS Staff Person $80 (x) Hourty rates may increase by 6% for services rendered after December 31, 2004, if delay in providing services is caused by City, 12. Materials Reimbursement Arrangement Forthe 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. Only Reports. Copies. Travel, Printing, Postage, Delivery, Long Distance Charges. and Other Identifiable Direct (no overhead) Costs shall be reimbursed. The out-of-pocket expenses shall be reimbursed at a rate not to exceed the direct cost of the expenses, plus a 10% administration fee. In any event, the total amount of out-of-pocket expenses that will be reimbursed shall not exceed Twenty-two Thousand Three-hundred Fifty Dollars ($22,350). 13. Contract Administrators: City: Gustavo Perez, Senior Community Development Specialist Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Telephone: 619.691.5047 Fax: 619.476,5310 Email: gperez@ci.chula-vista.ca.us Consultant: James Hawkes. Vice President STRATUS, a division of The JCM Group 6420 Wilshire Blvd Los Angeles. CA 90048-5502 Telephone: 323.606.4079 Fax: 323.606.4248 Email: jhawkes@stratus.nu 14. Liquidated Damages Rate: N/A None Page 22 þ-32" 32-26 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () FPPC FiJer ( ) Category No.1. Investments and sources of income, ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category NO.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category NO.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. (x ) List HConsuftant Associates- interests in real property within 2 radial miles of Project Property, if any: None. 16. () Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: EJP Associates BMS Design Group 18. Bill Processing: Page 23 ~-39 32-27 A. Consultant's BUling to be submitted for the following period oftime: (x) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing ( ) First of the Month ( ) 5th Day of each Month (x) End of the Month ( ) Other: C. City's Account Number: 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ () 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: None ( ) Retention Amount: Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 24 C,-t¡ð 32-28 ATTACHMENT 2 5T~TU5 October 13, 2004 Mr. Denny Stone Economic Development Manager Mr. Gustavo Perez Senior Community Development Specialist Community Development Department City of Chula Vista 276 F ourth Avenue Chula Vista, California 91910 Subject: University Park and Research Center Planning Phase - Interim Scope: July - October 2004 Dear Mr. Stone and Mr, Perez: Pursuant to our discussions over the last couple of weeks, I am enclosing an Interim Scope of Work and Budget for consulting related to planning the University Park and Research Center. The budget includes fees and expenses related to the continued project for July through October, plus 12 hours in June 2004. SCOPE OF SERVICES 1. City Council Related Meetings o University Working Group Meetings o City Council Workshop - September 9, 2004 o City Council Meeting - October 19, 2004 o Preparatory work, meetings and correspondence with Staff 2. Auraria Higher Education Center Site Visit o Preparatory work o Participation and travel for Rod Rose and Dr, Sal Rinella 3. City-Hosted Site Tours o Preparatory work, including presentation development, renderings, additional research, and meetings and coordination with Staff o Participation in visits by potential University Park participants 4. Coordination with General Plan Update o Ongoing assistance and consultation o Initial meetings on the Framework Plan and/or Campus Master Plan. 6420 Wilshire Boule...artl, Suite 1800 Los Angeles, Callfomia 90048 Telephone 323.651.1776 Facsimile 323.606.4248 www.stratus.nu ¡¡ divisioll ojT1ut JCM Grollp 32-29 5T~TU5 Mr. Denny Stone and Mr, Gustavo Perez University Park and Research Center October 13, 2004 Page 2 5. Communications and Research . Ongoing assistance in the development of press releases, and meetings with editorial boards and members of the press . Initial research on governance models, legal entities, and discussions with potential executive director candidates for the purposes of creation of an interim governance structure The budget for professional fees and expenses is $225,000. A complete scope of work for the Planning Phase, which is anticipated to cover 18 months, is currently under development with input from Community Development, the City Attorney, and Planning. We appreciate very much the opportunity to continue working with the City of Chula Vista on this important project. Sincerely, STRATUS ~&-,~- James D. Hawkes Vice President Enclosure cc: Rod Rose, STRATUS Sal Rinella, STRATUS Woodie Tescher, Erp Barbara Maloney, BMS 32-30 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::>a. -' 7 , t-J.... Ann Moore City Attorney . Dated: December 8, 2004 FIRST AMENDMENT BETWEEN THE CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP, FOR CONSULTING SERVICES RELATED TO THE DEVELOPMENT OF A IDGHER EDUCATION RECRUITMENT STRATEGY 32-31 FIRST AMENDMENT TO THE AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP For Consulting Services Related to the Development of a Higher Education Recruitment Strategy THIS FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA ("City") AND STRATUS, A DIVISION OF THE JCM GROUP ("Consultant") FOR ADDITIONAL CONSULTANT SERVICES relating to the development of the City's Higher Education Recruitment Strategy shall be dated December 14, 2004, for the purposes of reference only, RECITALS WHEREAS, the City and Consultant entered into an agreement dated February 3, 2004 (City Council Resolution No. 2004-034) for consultant services related to the development of the City's Higher Education Recruitment Strategy ("Original Agreement"); and WHEREAS, Consultant was selected due to their exceptional performance in the original agreement, their experience in developing university strategies and their comprehensive understanding of both the Chula Vista community as well as the San Diego region; and WHEREAS, the Original Agreement included a time and materials compensation structure which was capped at $270,050. WHEREAS, the City requests that the Consultant conduct additional services that were not included in the Original Agreement, but which are required to move the overall project forward; and WHEREAS, the additional services that have and will be provided are expected to cost approximately $225,000, NOW, THEREFORE, the City and Consultant do hereby agree that the Agreement shall be amended as follows: - 1 - 32-32 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP I. Exhibit A, Section 8 ("Detailed Scope of WorkU) is hereby amended to read as follows (underlines are addition and strikeouts deletions) : 8. Scope of Work and Schedule: A. Detailed Scope of Work: Project Kickoff Consultant will meet with City Staff to organize the project; identify appropriate Staff resources; determine the consultation/communication process with Staff, Working Group, Planning Commission, and City Council; and determine schedule constraints and engagement deliverables, Tasks will include: · Meetings with Staff · Confirm work plan · Identify key leaders for interview · Recommend alternatives for public participation Review Background Materials Consultant will review pertinent background baseline data, reports, studies, and other materials that may influence the development of a higher education institution and technology park on the designated Otay Ranch site; and identify critical issues and planning assumptions. This will encompass: · Population and socio-demographics · Workforce characteristics · Economic Development Strategy · Housing (including affordability) · Transportation and infrastructure · Environmental resources · Policy and regulatory documents (General Plan, zoning ordinance, MSHCP, etc,) · Environmental Impact Reports · Issue Papers prepared by other consultants, including Campus Master Plan prepared for Otay Land Company Review General Plan Land Use Options and Evaluate Implications for the Development of the Higher Education Site and Regional Technology Park Consultant will meet with City staff and review the land use options that have been formulated for the updated General Plan and identify critical assumptions and analyses that may be related to and affect the development of the proposed Higher Education site and technology park. Factors to be considered by Consultant will include: · Land use designations (type, density/intensity, other) including those for non-higher education uses such as commercial and residential uses, · Net land area designated exclusively for Higher Education and related purposes, - 2 - 32-33 FIRST AMENDMENT TO AGREEMENT BE1WEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP · Lands designated for "spin-off' or "supporting uses," include Research and Development uses, · Development capacity of the East/Otay Ranch planning sub-area and comparison of this with SANDAG's regional growth and housing needs forecasts. · Anticipated mix of housing units (single-family detached, attached, multi-family, etc,) and, if available, housing prices, · Amenities proposed for the East/Otay Ranch planning sub-area that may be used to attract the development of a higher education facility (parks, open spaces, cultural, "livable neighborhoods," transit-oriented development, etc.), · Transportation Plan, Level of Service standards, and planned improvements (how will the site be accessed?): automobile, public transit, bicycle, pedestrian, truck, other. . Infrastructure Plans (e,g., how will the site be served?) Based on the review of the information provided by staff, Consultant will formulate a comparative description of the implications of the land use alternatives, This may consider such factors as: · Sufficiency of the land area to accommodate a range of higher education facilities, · Sufficiency of the housing supply to accommodate students, faculty, staff, and other populations generated by the development of a higher education institution. (Determined by comparing the subarea's housing capacity with regional growth forecasts, If the housing capacity matches regional growth forecasts, there may be insufficient housing to meet the needs of a higher education facility). · Compatibility of adjoining land uses with a higher education facility, · Accommodation of uses within the planning sub-area and adjacent to the site that can capitalize upon the presence of an adjoining higher education facility, such as a research and development park, · Ability to accommodate transportation access needs for a higher education facility, · Ability to provide infrastructure and public services to support the needs of a higher education facility, · Presence of any use, design characteristic, or other attributes that may uniquely benefit the attraction of a higher education facility, Joint City Council and Planning Commission Workshop on General Plan land Use Options Consultant will provide Staff with preliminary implications of the three candidate General Plan land uses alternatives on the development of a higher education facility and technology park at the proposed Otay Ranch site for presentation at the Joint City Council/Planning Commission workshop, Consultant will be available as a resource to the meeting to render expert opinion on higher education and campus planning and development. The detailed evaluation will be conducted during the ''Testing Phase" of the General Plan Update process, following approval by the City Council of the proposed alternatives, - 3 - 32-34 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP Stakeholder Interviews Consultant will conduct up to forty (40) interviews with key community stakeholders to understand their perspective on the development of higher education institution and technology-park on the Otay Ranch site, as well as perceptions of critical obstacles and issues associated with such development. Consultant shall also interview and meet with Mexican institutions of higher education, Mexican government agencies, and State of California government agencies. Questions will be posed regarding a variety of topics, and may address the type(s) of institution(s) to be attracted, its physical "fit" with surrounding land uses (an "island" or integrated development), the character and urban form of the site's physical development, desired induced economic development benefits for the community (e,g" incubator or research and development industries), role of the institution in fostering community culture, social well-being, and activity, and other related topics, The input will be reviewed for its implications in defining the higher education models to be considered and physical site planning parameters, Following the interview process Consultant will work with Staff to establish a Steering Committee comprised of existing Working Group members supplemented by key stakeholders identified through the interviews, Site Analysis Consultant will compile baseline data for the designated Otay Ranch site from available reports, studies, and other sources and evaluated for its implications for the development of a higher education facility and technology park. Representative data, as available, will include: · Existing land uses on the site and adjoining properties · Entitled and planned land uses on adjoining properties · Existing policies and regulations that may affect the development of the site (including the MSHCP) · Plant and animal habitats, including those that are protected through the MSHCP and conservation and open space agreements · Topography · Hydrology and drainage patterns · Geologic and soil constraints/limitations (faulting, landslide, liquefaction, etc.) · Existing noise sources that may impact the site · Wildfire hazards · Existing and proposed circulation network (automobile, truck, public transit, bicycle, pedestrian, equestrian, other) · Existing and proposed water, sewer, energy (electricity and natural gas), storm drainage, telecommunications and digital, and other infrastructure · Other material factors One to three maps will be prepared, using traditional techniques rather than GIS that document development constraints based on the preceding research, Using this information, development "envelope" prototypes will be formulated that indicate the - 4 - 32-35 FIRST AMENDMENT TO AGREEMENT BE1WEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP possible location of buildings and the resulting development capacity of the site will be calculated, This will be prepared in collaboration with BMS Design Group. Vision, Guiding Principles, and Interconnected Themes Formulation of the Vision, Guiding Principles, and Interconnected Themes for the higher education institution and technology park will be a collaborative process between Consultant and the Steering Committee, Consultant will provide input regarding: strategic links both internally and externally to the City; potential programs and services to be provided; and economic and physical development of the site and surrounding community, particularly focusing on policy components that are related to the City's General Plan, This may address: · Functional role of the higher education facility · Functional role of the regional technology park · Site development opportunities/constraints · Economic development opportunities · Land use inter-relationships · Physical form and character · Sustainability · Community amenities · Relationship to local and regional transportation systems · Relationship to natural resource and other open space systems · Other material issues Identify Structural Models Consultant will conduct research to identify two to three (2-3) campus/technology park models consistent with the City's vision and goals (number of models determined by City), and the vision, guiding principles and interconnected themes set forth by the Steering Committee, incorporating national benchmarks and best practices. Consultant shall organize and conduct a site visit to Auraria Higher Education Center in Denver, Colorado. Site visit participants may include core members of the University Working Group, City staff and Consultant. The City may elect, at additional cost, to have Consultant organize and conduct more site visits to other identified models, In consultation with the Steering Committee, Consultant will identify two (2) models for further study and evaluation. Develop CampuslTechnology Park Site Plan Concepts Consultant will develop two (2) general conceptual site plans/campus layouts based on the preferred and/or feasible models identified in the "Identify Structural Models" Task set forth above, The conceptual site plans will identify major land use zones and interrelationships within campus boundaries; relationship to surrounding land uses; circulation/access corridors - vehicular, bicycle, pedestrian, transit; and summarize planning assumptions (enrollment, density, development capacity etc.). - 5 - 32-36 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP Public Participation Process Consultant in consultation with Staff will design (only) a public participation program to further test the concept(s) choosing from a variety of techniques such as: community "coffees," public forumslworkshops, focus groups, and/or children's and youth programs which utilize the local school in which the children become the conduit to their parents; as well as meetings with the Working Group/Steering Committee, Planning Commission, and City Council. Evaluate CampuslTechnology Park Concepts Consultant will test concepts against vision, guiding principles, interconnected themes, and goals and objectives; and evaluate the implications of the defined concepts for the surrounding Otay Ranch area and greater Chula Vista community, Consideration will include: · Land uses o Required land area and physical configuration o Compatibility and inter-relationships with adjoining uses o Types of land uses needed to support the institution, such as student, faculty, and staff housing o Types of new land uses induced by the development of the institution o Uses and amenities required to attract the development of the institution o Community character (in consideration of function, intensity of activity, academic mission, physical form and pharacter, etc.) · Transportation and infrastructure o Transportation systems and networks required to support the development of the institution (streets and highways, public transit, other) o Utility infrastructure (water, sewer, storm drainage, energy, telecommunications) required to support the development of the institution (e,g" specialized infrastructure for the institution's research functions) · Public services o Required to support the institution (police, fire, governance, library, cultural, recreation, youth services, other) o Potential public service benefits and joint partnerships with the institution · Environmental resources o Impacts on plant and animal communities, air quality, and other natural environmental resources o Opportunities to capitalize upon the site's and region's environmental resources At the conclusion of the evaluation a position paper which summarizes the findings of the evaluation of both concepts will be produced by Consultant. Implications for the General Plan The City of Chula Vista's General Plan goals, policies, and programs will be reviewed for their consistency in accommodating the preferred campus/technology park concept(s), - 6 - 32-37 ~__ ~"___'_"'u._____·_~________' FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP Where conflicting, Consultant shall recommend policy revisions and, where absent, new policies will be drafted for the City's consideration, This will encompass both textual and mapped policies, Implementation Strategies Consultant will prepare a set of implementation strategies and resource needs - a "road map" to advance the selected campus/technology park concept(s). The strategies will address the following steps: · Marketing/recruiting educational, corporate and civic partners · Physical master planning and entitlements · Development/Construction · Operations · Phase II framework strategy · Campus master plan · Governance models · Legal entities · Review and comment on potential executive director candidates and advisory committee members City Council-Related Meetings Consultant, at the request of City staff, shall prepare documentation, attend and participate in City Council-related meetings (e.g., City Council regular meetings, University Working Group meetings, City Council workshops, etc,), University Site Tours City plans to provide tours of the University Site for potential University Park participants (e,g., educational institution leaders, corporate leaders, public officials, etc,), Consultant shall assist City staff in preparing for and conducting these tours by performing research, attending prep meetings, and developing presentations and project renderings, Final Deliverables Consultant will prepare a final report that summarizes the process and findings related to this engagement; a PowerPoint presentation will also be provided, which can used to communicate with internal and external audiences about the campus/technology park concept(s), Status Reports After this Agreement is executed and until its term has expired, Consultant will provide a weekly oral status report on the project's progress. Any outstanding issues associated with the project shall be discussed by both Parties at that time, Consultant also agrees to attend a monthly-scheduled consultant/client meeting in which issues and the project's progress will be discussed in greater depth, -7 - 32-38 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP 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: Project Kickoff Due date: December 10, 2003 Deliverable No, 2: Review Background Materials Due date: January 30, 2004 Deliverable No, 3: Review General Plan Land Use Options and Evaluate Implications for the Development of the Higher Education Site and Regional Technology Park Due date: February 27, 2004 Deliverable No, 4: Joint City Council and Planning Commission Workshop on General Plan Land Use Options Due date: January 14, 2004 Deliverable No, 5: Stakeholder Interviews Due date: February 13, 2004 Deliverable No, 6: Site Analysis Due date: February 20, 2004 Deliverable No, 7: Vision, Guiding Principles, and Interconnected Themes Due date: March 9, 2004 Deliverable NO.8: Identify Structural Models (excludes actual site tour) Due date: March 26, 2004 Deliverable No, 9: Develop CampusfTechnology Park Site Plan Concepts Due date: March 26, 2004 Deliverable No,1 0: Public Participation Process Due date: April 30, 2004 Deliverable No, 11: Evaluate CampusfTechnology Park Concepts Due date: May 21, 2004 - 8 - 32-39 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP Deliverable No, 12: Implications for the General Plan Due date: January 18, 2005 Deliverable No, 13: Final Deliverables Due date: June 30, 2004 Deliverable No. 14: Implementation Strategies Due date: January 18, 2005 D. Date for completion of all Consultant services: January 18, 2005 (except attendance at public hearings which could occur after this date) I I . Exhibit A, Section 11 ("Compensation") is hereby amended to read as follows (underlines are addition and strikeouts deletions) : 11, Compensation: A. ( ) Single Fixed Fee Arrangement. B. ( ) Phased Fixed Fee Arrangement. C, (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (x) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for Four hundred Ninety-five thousand and Fifty Dollars ($495,050), which includes all Materials and other "reimbursables" ("Maximum Compensation"), - 9 - 32-40 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP Cate 0 of Consultant's Strate ic Consultant Strate ic Consultant Senior Consultant Senior Consultant Consultant Consultant Pro'ect Mana er Plannin Su ort Plannin Su ort Research/Communications Gra hies/Clerical Gra hies/Clerical RATE SCHEDULE Hourly Rate $200 $200 $175 $175 $150 $150 $140 $110 $110 $95 $80 $80 (x) Hourly rates may increase by 6% for services rendered after January 18, 2005, if delay in providing services is caused by City, III. All other terms and conditions of the Original Agreement not specifically modified by this first amendment and extension shall remain in full force and effect. [NEXT PAGE IS SIGNATURE PAGE] - 10 - 32-41 DEC, 9.2004 11:05AM THE JCM GROUP NO. 550 P.2 FIRST AMENDMENT TO AGREEMENT BElWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP SIGNATURE PAGE FOR FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND STRATUS, A DIVISION OF THE JCM GROUP For Consulting Services Related to the Development of a Higher Education Recruitment Strategy IN WITNESS WHEREOF, City and Consultant have executed this First Amendment to the Original Agreement, thereby Indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,200_ City of Chula Vista By: Stephen Padilla, Mayor Attest Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: STRATUS, a division ofThe JCM Group By:~ __ Wayne C. Twedell, President - 11 - 32-42 RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND STRATUS, A DIVISION OF THE JCM GROUP, FOR CONSULTING SERVICES RELATED TO THE DEVELOPMENT OF A HIGHER EDUCATION RECRUITMENT STRATEGY WHEREAS, the City Council has established a policy to attract a first-rate college or university to a 1 ,500-acre site in Otay Ranch; and WHEREAS, the City of Chula Vista ("City") and Stratus, a division ofthe JCM Group, ("Stratus") entered into an agreement, dated February 3, 2004, (City Council Resolution No, 2004-034) for consultant services related to the development of the City's Higher Education Recruitment Strategy ("Original Agreement"); and WHEREAS, Consultant was selected due to their exceptional performance in the original agreement, their experience in developing university strategies and their comprehensive understanding of both the Chula Vista community as well as the San Diego region; and WHEREAS, the Original Agreement included a time and materials compensation structure which was capped at $270,050; and WHEREAS, the City has requested the Consultant to conduct additional services such as an out-of-state site visit, high-level meeting presentations, campus master plan analysis, and the creation of governance models; and WHEREAS, none of these duties were included in the Original Agreement, but are required to move the overall project forward; and WHEREAS, the additional services that have and will be provided are expected to cost approximately $225,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the First Amendment to the February 3, 2004, consulting agreement between the City and Stratus for development of the City's Higher Education Recruitment Strategy, Presented by ~M~#~ Director of Community Development Approved as to form by ~~ 7.H-c= Ann Moore City Attorney 32-43