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Home My WebLink AboutAgenda Packet 1994/12/20 Tuesday, December 20, 1994 REVISED Council Chambers 6:00 p.m. Public Services Building Rel!Ular Meetin2 of the Citv of Chula Vista Citv Council CALL TO ORDER I. ROLL CALL: Councilmembers Fox _, Moot _, Padilla _, Rindone _' and Mayor Horton_. 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: December 7, 1994 (Special Meeting of the City Council) and December 13, 1994. 4. SPECIAL ORDERS OF THE DAY: a. Proclamation commending Castle Park High School football team. '" * '" ... '" Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now reconvene into open session to report any final actions taken in closed session and to atljourn the meeting. Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However, final actions reported will be recorded in the minutes which will be avaiwble in the City Clerk's Office. ***** CONSENT CALENDAR (Items 5 through I7) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Councilmember, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" avai!ßble in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink fomt to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled by the public will be the first items of business. 5. WRITTEN COMMUNICATIONS: . a. Letter from the City Attorney stating that there were no observed reportable actions taken from the Closed Session of 12/13/94. It is recommended that the letter be received and filed. b. Letter of resignation from the Mobilehome Rent Review Commission - Bert Epsten, Mobilehomes Acceptance Corp., 1835 El Cajon Blvd., Ste. D, San Diego, CA 92103. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. c. Letter of resignation from the Charter Review Committee - Linda Brown, 3998 Main St., Chula Vista, CA 9191 I. It is recommended that the resignation be accepted with regret and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. -~,....__.._-_._"."-_._.- ..__..-.---~._- ----~--- Agenda -2- December 20, 1994 d. Letter of resignation from the Planning Commission - John Moot, 764 Cassia Place, Chula Vista, CA 91910. Due to his appointment as City Councilmember. it is necessary for Mr. Moot to resign from his position on the Planning Commission. It is recommended that the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the Public Library. e. Letter submitting a proposed Waste Disposal Agreement - Jay Powell, General Manager, Mid- American Waste Systems, Inc., 1779 Campo Truck Trail, Campo, CA 92006. It is recommended that the draft contract be referred to staff for evaluation and review of contractual terms and legal and policy implications. 6. RESOL1YTION 17759 A1YTHORIZING THE CHIEF OF POLICE TO DIVERT SIXTEEN (16) BICYCLES IMPOUNDED BY THE POLICE DEPARTMENT FROM THE NORMAL PROPERTY AUCTION PROCESS AND TO DONATE SAID BICYCLES BACK TO THE COMMUNITY THROUGH THE POLICE ACTIVITIES LEAGUE - The Police Activities League, a non-profit civic organization sponsored by the Police Department, is requesting the discretionary authority to select sixteen (16) Police impounded bicycles suitable for use to be given without cost to needy individuals selected by community organizations working with the youth of ChuIa Vista. Staff recommends approval of the resolution. (Chief of Police) 7. RESOL1YTION 17760 APPROVING AGREEMENT WITH FLETCHER AND FLETCHER, INC. FOR THE PURCHASE, INST ALLA TION, TRAINING AND MAINTENANCE OF THE AUTOMATED BUDGET SYSTEM, AND A1YTHORIZING THE MAYOR TO EXECUTE SAME - As part of the CIP program, Council approved the purchase and implementation of an enhanced automated budget system (CIP Number GGl43). The project was funded for both Fiscal Year 1993/94 and Fiscal Year 1994/95. The project included the purchase of a software program. It is recommended that the City enter into an agreement with Fletcher and Fletcher, Inc., who submitted the highest rated proposal which was also the lowest cost. Staff recommends approval of the resolution. (Director of Management and Information Services and Budget Manager) 8. RES()LUTI()N 17761 APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH THE INTERNATIONAL ASSOCIATION OF FIRE fiGHTERS, LOCAL 2180, FOR fiSCAL YEAR 1994/95 - Negotiating teams representing the City and International Association of Fire Fighters (IAFF), Local 2180, have reached agreement on a Memorandum of Understanding (MOD) covering Fiscal Year 1994/95. The proposed MOU was ratified by the IAFF membership on December 1st and 2nd, 1994. Staff recommends approval of the resolution. (Budget Manager) 9. RESOL1YTION 17762 OPPOSING THE U.S. ENVIRONMENTAL PROTECTION AGENCY'S FEDERAL IMPLEMENTATION PLAN FOR CALIFORNIA AND PROPOSED MEASURES WHICH WOULD FORCE THE EARLY RETIREMENT OF EXISTING VEHICLES OR IMPOSE FLEET AVERAGE EMISSION FINES - The U.S. Environmental Protection Agency has proposed a Federal Implementation Plan (FIP) for California to respond to the State's non-compliance with the 1977 Clean Air Act, even though the law has been superseded by the 1990 Clean Air Act. The FIP would impose annual costs of up to $50 billion on Califomia businesses and government agencies. Staff recommends approval of the resolution. (Legislative Committee) --.-....-- _._-~- --_.__._.._--_..._----,-_.._--~--_._----_._-~-~------_.- -_._---~ Agenda -3- December 20, 1994 10. RESOLUTION 17763 APPROVING A CALIFORNIA ENDANGERED SPECIES ACT MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME RELATING TO OTAY VALLEY ROAD WIDENING, AUTHORIZING THE ISSUANCE OF A LETTER OF CREDIT TO SECURE CITY'S OBLIGATIONS UNDER SAME, AND A1YTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS IN CONNECTION THEREWITH - On 617/94, Council accepted bids and awarded a contract for Phases 2 and 3 of the Otay Valley Road improvements within Assessment District 90-2. In order to implement Phases 2 and 3 of the Otay Valley Road Widening Project the City will need to disturb certain wetlands habitats in the path of the project which are occupied by the endangered Least Bell's Vireo. Any project which causes such a disturbance requires a permit from the California Department of Fish and Game pursuant to Section 2081 of the California Fish and Game Code. City staff has been negotiating the terms of the permit. The terms are set forth in the California Endangered Species Act Memorandum of Understanding which is presented for consideration. Council approval is necessary in order to pennit the timely commencement and completion of the road widening project. Staff recommends approval of the resolution. (Director of Public Works, Director of Community Development and City Attorney) II. RESOLUTION 17764 ACCEPTING BIDS AND AWARDING CONTRACT FOR CUSTODIAL SERVICES FROM JANUARY THROUGH JUNE 30, 1995 FOR THE PARKWAY RECREATION COMPLEX AND THE WOMEN'S CLUB- Bids were received and the lowest responsible bidder, American Building Maintenance, met all required specifications. Staff recommends approval of the resolution. (Director of Public Works) 12.A. RESOL1YTION 17765 AMENDING CONDITION NUMBER 38 OF RESOL1YTION NUMBER 17618 APPROVING THE TENTATIVE SUBDIVISION MAP FOR TRACT 88-3A, EASTLAKE SOUTH GREENS - On 7/18/89, Council approved the Tentative Subdivision Map for Tract 88-03, EastLake Greens. On 8/16/94, Council approved the amended tentative map for EastLake Greens, Tentative Map 88·3A and imposed additional conditions of approval. The amendment to the tentative map covers the area south of Clubhouse Drive which is designated as EastLake South Greens. The final map creates super block lots for the first phase of EastLake South Greens. Subsequent final maps will be required to create residential lots. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOL1YTION 17766 APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 88-3A, EASTLAKE S01YTH GREENS, PHASE I C. RESOLUTION 17767 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 88-3A, EASTLAKE S01YTH GREENS, PHASE I _ ...... ____·.m.__·_·_··__·,·_·_···____,__·_··,··__..··..__~_~_______._ - ..______ Agenda -4- December 20, 1994 13. RESClLUTIClN 17768 DECLARING THE CITY'S INTENTION TO DETACH FROM OPEN SPACE DISTRICT NUMBER 1 AND OPEN SPACE DISTRICT NUMBER 10 THOSE TERRITORIES WITHIN OPEN SPACE NUMBER 20, TO BE EFFECTIVE FISCAL YEAR 1995/96, AND SETTING JANUARY 17, 1995 AT 6:00 P.M. AS THE DATE AND TIME FOR THE PUBLIC HEARING TO CONSIDER SAID DETACHMENTS - The open space maintenance district that was created for the Rancho del Rey development overlapped two existing open space districts. This action will eliminate the overlap and was requested by Rancho del Rey Investors so that the ultimate property owners will only have one open space district on their disclosure statement and tax bill. Staff recommends approval of the resolution. (Director of Public Works) 14.A. RESClLUTIClN 17769 AWARDING A THREE-YEAR CONTRACT FOR DELINQUENCY MONITORING TO MUNI FINANCIAL SERVICES, INC. AND AUTHORIZING THE MAYOR TO EXEC1YTE SAID AGREEMENT - The City has issued several bonds for the financing of infrastructure. This action will ensure that the City's fiduciary responsibility to the bond holders is fulfilled by providing required delinquency monitoring and collection services. All costs associated with the collection of delinquent assessments are recovered from the delinquent property owners at no expense to the City. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOL1YTION 17770 AWARDING A THREE-YEAR CONTRACT FOR JUDICIAL FORECLOSURE SERVICES TO THE LAW OFFICES OF ROBERT A. OWEN, A1YTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND A1YTHORIZING THE CITY ATTORNEY OR ms DESIGNEE TO INITIATE FORECLOSURE PROCEEDINGS ON DELINQUENT PARCELS IN CITY ASSESSMENT DISTRICTS 15. RESClLUTIClN 17771 REMOVING HISTORICAL PERMIT REQUIREMENT FOR PROPERTY LOCATED AT 644 SECOND A VENUE - The owner of 644 Second Avenue has requested that historical site permit control of any modification to the structure be removed with the site designation remaining. The Resource Conservation Commission has recommended approval of the request. Staff recommends approval of the resolution. (Director of Planning) 16.A. REPORT AMENDED LANDSCAPE PLAN FOR THE EASTLAKE MAINTENANCE DISTRICT - ZONE "D" - Annual assessments in EastLake Maintenance District Number One, Zone "D" were reduced to provide a natural landscape plan for the slopes adjacent to SR-125 and provide the necessary erosion control. EastLake Landscape Maintenance District Number One is now ready for acceptance from the developer and a contract for landscape maintenance is now required. Staff recommends Council accept the report and approve the resolution. (Director of Parks and Recreation and Director of Public Works) B. RESOL1YTION 17772 ACCEPTING BID AND AWARDING LANDSCAPE MAINTENANCE CONTRACT TO R.C. LANDSCAPE COMPANY TO PROVIDE LANDSCAPE MAINTENANCE SERVICES TO ZONE "D" OF THE EASTLAKE LANDSCAPE MAINTENANCE DISTRICT NUMBER ONE ________._._.____,_._____~ __ _ _.~. "~" '_.".'._m Agenda -5- December 20, 1994 17. REPORT "NOTICE OF A V AILABILITY OF DRAFT LOSS PERMIT" AND "DRAFT LOSS PERMIT" (CS-95-04) FOR THE WIDENING OF WUESTE ROAD AT THE OLYMPIC TRAINING CENTER - Last year the Federal Department of the Interior adopted the Special 4(d) rule regulating the habitat "loss" of the California Gnatcatcher. The Special Rule links protection of the bird to the California Natural Community Conservation Planning (NCCP) process. Prior to the preparation of an overall NCCP plan, the process allows the "loss" of up to five percent of the Coastal Sage Scrub (CSS), which is the habitat for the Gnatcatcher. In August 1994, Council adopted an amendment to the Municipal Code which implements the Federal Special 4(d) rule at a local level. The proposal for the loss of .20 acres of Diegan CSS as a result of the widening of Wueste Road at the entrance to the Olympic Training Center is the third such permit before Council. Staff recommends Council accept the loss permit as drafted. (Director of Planning) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by ÚlW. If you wish to speak to any item, please fill out the "Request to Speak Form" avaiÚlble in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. 18. PUBLIC HEARING CONSIDERING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX RATE FROM TEN PERCENT TO A RATE NOT LESS THAN EIGHT PERCENT DURING CALENDAR YEAR 1995 - On 10/25/90, Council adopted Ordinance 2407 establishing a maximum Transient Occupancy Tax (TOT) rate of ten percent, and provided for annual abatement hearings at which time the maximum tax could be lowered to not less than the current rate of eight percent. Council has held public hearings and abated the tax to eight percent for calendar years 1991 through 1994, the same rate it has been since 1978. On 1l/22/94, Council directed staff to meet with the Chamber of Commerce, the Hotel/Motel Association and interested motel owners to discuss various options for abating/increasing the TOT rates for calendar year 1995. Preliminary discussions with representatives have resulted in their request to abate any increase for at least ninety days, or until 4/1194, in order to allow further dialogue. Staff recommends Council: (I) Conduct the public hearing and approve the resolution; (2) Direct staff to continue discussions with the Chamber of Commerce, the Hotel/Motel Association and interested motel owners regarding various options for abatinglincreasing the TOT rates for the period of 4/1195 through 12/31/95. (Director of Finance) RESOLUTION 17773 APPROVING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX TO EIGHT PERCENT FOR THE PERIOD OF JANUARY 1, 1995 THROUGH MARCH 31, 1995 -" ~...."._~-----_.__._.__._---_.._~._- .."-_..,..._-----"'_._~~ Agenda -6- December 20, 1994 19. PUBLIC HEARING PCS-95-03: CONSIDERATION OF TENTATIVE SUBDIVISION MAP FOR A PROJECT KNOWN AS VENT ANA, TRACT 95-03, INVOLVING 109 SINGLE-FAMILY DWELLINGS ON 13.7 ACRES LOCATED ON THE WEST SIDE OF SOUTH GREENSVlEW DRIVE, S01YTH OF CLUBHOUSE DRIVE, AND SUBMITTED BY BREHM COMMUNITIES- Brehm Communities has submitted a Tentative Subdivision Map known as Ventana, Tract 95-03, in order to subdivide 13.7 acres into 109 single family lots and three open space lots. The property is designated as Parcel R-20 within the EastLake Greens Planned Community, and is located on the west side of South Greensview Drive, south of Clubhouse Drive. Staff recommends approval of the resolution. (Director of Planning) RES()LUTI()N 17774 APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR PARCEL R-20, KNOWN AS VENTANA, TRACT 95-03, MAKING THE NECESSARY FINDINGS AND READOPTING THE MITIGATED MONITORING AND REPORTING PROGRAM FOR IS-94-19 20. PUBLIC HEARING ACQUISITION OF CERTAIN RIGHT -OF -WAY FOR EAST "J" STREET On 7/18/91, Council approved the tentative subdivision map for Rancho del Rey SPA III, Tract 90-02. In order to comply with the tentative map conditions, Rancho del Rey Partnership is required to construct an off-site portion of East "J" Street. It requires street right-of-way across property owned by Susie Mary Bennett. The property is located between Paseo Laderaand River Ash Drive and consists of about 1.07 acres. The efforts of Rancho del Rey Partnership to obtain the property by negotiation have failed. Due to time constraints, Rancho del Rey Partnership cannot wait any longer and eminent domain proceedings must begin. Staff recommends approval of the resolution. (Director of Public Works) RES()LUTI()N 17775 DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN RIGHT-OF-WAY FOR EAST "J" STREET AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID RIGHT- OF-WAY ORAL COMMUNICATIONS This is an opportunity for the general public to address the City Council on any subject matter within the Council'sjurisdiction that is l!!d. an item on this agenda for public discussion. (State ÚlW, however, generally prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consider items which have been forwarded to them for consideration by one of the City's Boards, Commissions and/or Committees. None submitted. Agenda -8- December 20, 1994 25. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers. PubUc comments are Umited to five minutes per individual. OTHER BUSINESS 26. CITY MANAGER'S REPORTtS) a. Scheduling of meetings. 27. MAYOR'S REPORT/S) a. Council discussion regarding consideration of extension of the current term for Chula Vista's representative to the San Diego Unified Port District/Setting dates for interviews for Chula Vista representative to the San Diego Unified Port District and Chula Vista City Council. Continued from the meeting of 12/13/94. b. Setting date for Planning Commission interviews. c. Forward a letter to our legislators opposing any legislation to bail out the Orange County bankruptcy with local tax dollars. 28. COUNCIL COMMENTS Councilmember Rindone a. Board/Commission/Committee Liaison. b. Selection of Metropolitan Transit Development Board Alternate. CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by ÚlW to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by ÚlW to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from closed session, reports of JkJ.gJ action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. --~._.,-"--- -- .-.....-...------- ...... .,.--.--------.,----....-.-..-.-----.-..------,.- Agenda -8- December 20, 1994 25. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given by staff. ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda Items pulled at the request of the public will be considered prior to those pulled by Councilmembers. PubUc comments are Umited to five minutes per individual. OTHER BUSINESS 26. CITY MANAGER'S REPORTIS) a. Scheduling of meetings. 27. MAYOR'S REPORT IS) a. Council discussion regarding consideration of extension of the current term for Chula Vista's representative to the San Diego Unified Port District/Setting dates for interviews for Chula Vista representative to the San Diego Unified Port District and Chula Vista City Council. Continued from the meeting of 12/13/94. b. Setting date for Planning Commission interviews. c. Forward a letter to our legislators opposing any legislation to bailout the Orange County bankruptcy with local tax dollars. 28. COUNCIL COMMENTS Councilmember Rindone a. Board/Commission/Committee Liaison. b. Selection of Metropolitan Transit Development Board Alternate. CLOSED SESSION Unless the City Attorney, the City Manager or the City Council states otherwise at this time, the Council will discuss and deliberate on the following items of business which are permitted by ÚlW to be the subject of a closed session discussion, and which the Council is advised should be discussed in closed session to best protect the interests of the City. The Council is required by ÚlW to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Council's return from cwsed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the City Clerk's Office. --'-'--",-'-'-' .--._.~'. - -- - --..- ----- --- - --_._.~ --"--.-- -----_.__..__.__._--~_._---,--,--_..... ----------- -- Agenda -9- December 20, 1994 29. CONFERENCE WITH LEGAL COUNSEL REGARDING: 1. Existing litigation pursuant to Government Code Section 54956.9 · Ten cities vs. the County of San Diego (trash litigation). 2. Anticipated litigation pursuant to Government Code Section 54956.9 · Paint Pit · Metro Sewer Adjustment Billing (prospective arbitration). · Daley Construction and Golden Eagle. · One case the disclosure of the name of which would jeopardize City's ability to conclude existing settlement negotiations to our advantage. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6 · Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, Executive Management, Mid-Management, and Unrepresented. Employee organization: Chula Vista Employees Association (CVEA), Western Council of Engineers (WCE), and international Association of Fire Fighters (lAFF). Unrepresented employee: Executive Management, Mid-Management, and Unrepresented. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section 54956.8 · Property: 855 Maxwell Road, Chula Vista, CA (Parcel Number 644-040-16) or 894 Energy Way, Chula Vista, CA (Parcel Number 644-182-07 and 644-182-08). Negotiating parties: Director of Community Development. Under negotiations: Price and terms of payment. 30. REPORT OF ACTIONS TAKEN IN CLOSED SESSION ADJOURNMENT The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on January 10, 1995 at 6:00 p.m. in the City Council Chambers. A Regular Meeting of the Redevelopment Agency will be held immediately following the City Council Meeting. -- -_._--.~-.----.--._.."-'.----_._.-~~~-----.----- December 15, 1994 TO: The Honorable Mayor and City Council FROM: . 6I'? John D. Goss, City Manager f"/)~ SUBJECT: City Council Meeting of December 20, 1994 This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, December 20, 1994. Comments regarding the Written Communications are as follows: Sa. This is a letter from the City Attorney stating that there were no reportable actions taken from the Closed Session of 12/13/94. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. Sb.& Sc. IT IS RECOMMENDED THAT BERT EPSTEN'S RESIGNATION FROM THE MOBILEHOME RENT REVIEW COMMISSION AND LINDA BROWN'S RESIGNA TION FROM THE CHARTER REVIEW COMMITTEE BE ACCEPTED WITH REGRET AND THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. Sd. Due to his appointment as City Council member, it is necessary for John Moot to resign from his position on the Planning Commission. IT IS RECOMMENDED THA T THE CITY CLERK BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE CLERK'S OFFICE AND THE PUBLIC LIBRARY. Se. This is a proposed Waste Disposal Agreement from Mid-America Waste Systems. IT IS RECOMMENDED THAT THE DRAFT CONTRACT BE REFERRED TO STAFF FOR EVALUATION AND REVIEW OF CONTRACTUAL TERMS AND LEGAL AND POLICY IMPLICATIONS. In addition, we recommend that signing any contract for waste disposal services be postponed until such time as the City decides to construct a transfer station. This will occur subsequent to the completion of the transfer station siting, design and pennitting process, estimated to take 12-18 months. GK:mab ~(f? =----ç: .....,;~~-...; ........~~~ ~~~- CllY OF CHUlA VISTA OFFICE OF THE CITY ATTORNEY Date: December 14, 1994 To: The Honorable Mayor and city cou~ From: Bruce M. Boogaard, City Attorney Re: Report Regarding Actions Taken in Closed Session for the Meeting of 12/13/94 The City Attorney hereby reports to the best of my knowledge from observance of actions taken in the Closed Session, that there were no actions taken in the Closed Session of 12/13/94 which are required under the Brown Act to be reported. BMB:lgk C:\lt\clossess,no fa,.J 276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037 ----- - --' . ._,-,---~.,---_. .'--' ---- ----.--- .- memo from BERT EPSTEN .','-,'. November 1, 1994 !! ~ :;II ('")0 l!J P1 ......." m("') (') =-::s: 1- m Sheila Shanahan ~c: 00 (.I")r·- < City of Chula vista 0»00 "'"'< ;c. fTI Community Development Dept. ..,,- \() 0 276 Fourth Avenue ñ~ J>:. Chula Vista, California 91910 T. N --. Dear Sheila: Due to a recent health evaluation, I have been advised to curtail my outside activities. Because of this situation, please accept my resignation from the Mobilehome Rent Review commission effective immediately. ~;t::;~:;::.~if-.;:~<.;d~~:·~;;;;::-~ >.~~:: It has been a pleasure working with the Commission and yourself and continued success to everyone involved. f~~:'.~:;:~~:·\f;;~~;~~;:~~· . . sin;6~~ ¡,nv "v ~Vi(fr"fîEN (>0 ~~~ '1, F'" f1 r:~ '.:: ,.>, ""':"-'~I '- ..... ' , íWd't'i£¡Vø~~CÁ1'r,O"'''''''' 7~~J ,.\. j' . ''<iji;:) CC /tr2-- /¿Þ~7'~ 5 ' ' 1~'~'j~' .5b -' / ____ _d_._ _.~.____..,...__..._..'n__.._~___ ____. _____..______.________ ·' ftECEIVED '.' ; ,. .-1 PJO 21 S Of CHUL. VIS~ ' . Q.ERK'S OFF ~J. ~ í / 1'P.L/ Linda Brown 3998 Main Street Chula Vista, CA 91911 Charter Review Committee 276 Fourth Ave. Chula Vista, CA 91910 Bob Campbell Chairperson, Charter Review Committee: Due to the illness of my great granddaughter and time constraints I cannot continue as a member of the Charter Review Committee. Please accept my resignation as of November 29,1994 , 91911 (619) 422-0870 . V' k~ þ' d ~í¡'~ ~vh~I~,ûi~¡"A';'f~ú·i'x~S Cc.: ~Zs'~ (;) ~ /øj/-wJ9ý ~~ 5::,~/ ~----------~ -------~- .,,-,,------~ ,. í / , , 1')/ J ~ ',',,/ ,.1,/, Mid-American , r:; i,ë--:;--~-'--'-'-~ 1779 Campo Truck Trail Waste Systems, Inc. W '.' Campo, California 92006 r~O~'2-8' ~ ., I:; Phone (619) 478-2196 L.. ~ i FAX (619) 478·2198 November 23,1994 L,;, I r: I , ,~..__,.J Ms. Shirley Horton =- Mayor Elect ~ 1ft "'0 (') City ofChu1a Vista ;:1IJ:x: - JTI :lll5c:: .. - 276 Fourth Avenue v>" < Chula Vista, CA 91910 o)Þ :Þ JTI ......<: \0 0 ......- ~;: - Dear Mayor Elect Horton: ",. -.. Over the past several months, I have communicated with you several times about the Muht-Hei Solid Waste Management Facility on the Campo Indian Reservation. We began construction about two months ago and will open the landfill next August, only nine months away. Since I began working on this project, and even since we broke ground two months ago, there have been significant changes in the San Diego County waste disposal system. Due to the high costs and inefficiencies of the county system, a dramatic move towards privatization is occurring. In view of this, I have enclosed a copy of a proposed contract for Chu1a Vista's waste disposal at the Muht-Hei Solid Waste Management Facility. The term ofthis contract is 20 years with a commitment to limit annual increases to only the Consumer Price Index (CPI). Since we are now in the process of negotiating contracts with customers for our opening in 1995, we are requesting that you place this proposed contract on your council agenda for discussion as soon as possible. We have already contracted for more than ten percent of our available air space. Please give me a call to advise me ofthe most appropriate date for consideration of this item. In the interim, if you have any questions, please do not hesitate to contact me. Sincerely, ~ ~awJÝ J t1n WRITTEN COMMUNICATIONS General Manager cc City Manager /r'-' /~~:/ CC 0-~('/) Se-j 8~ @J""'1I~d""'f.lh" >"f"'ro: ® -..-....--...-- . . t .. , WASTE DISPOSAL AGREEMENT This Waste Disposal Agreement ("Agreement") is made this day of 1 . 1994, by and between Mid-American Waste Systems Inc., located at 1779 CIIII1pO Truck Trail, Campo, CA 91906 ("MAWS") and The City ofCbuIa VISta. WHEREAS, MAWS is the operator of a non-hazardous Solid Waste landfill at the Campo Indian Reservation. Campo, California (the "Landfill"). WHEREAS, The City ofChula VISta, produces solid waste and/or Special Waste, as defined below; and WHEREAS,The City of Chula Vista desires to have MAWS dispose of the Solid Waste generated by the City and MAWS agrees, in accordance with the terms contained in this Agreement, to dispose of such Solid Waste brought by The City of Chula Vista to the Landfill; and NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged by MAWS and The City of Chula Vista, the parties hereto agree as follows: 1. n..finitions - As used in this Agreement, the following terms shall have the following meanings: A Solid Wa.qte - Solid Waste shall mean the substances defined as "Solid Waste" in 40 C.F.R Section 241.101 except that Solid Waste for the purposes of this Agreement shall not include any Special Waste as defined below. B. Spona1 Waste - Special Waste shall be defined as anyone of the following: L Solid Waste containing tree liquids; b. Solid Waste containing sludge, as defined in 40 C.F.R. Section 241.101 as BOW existing and hereafter amended; c. Solid Waste &enerated by an industrial process; d. Off-specification. outdated or discarded chemical products; e. Petroleum products and petroleum contaminated soils; Se-3 . ,.-. -. . -.------- ._--- -- -----...--- _._-_.+.+~_._~.._-~--- . Page 2 (City ofCbula VISta) I f. Contaminated soil or debris wlûch results fÌ'om the clean-up of a spill or release ofmy of the materials or substances listed in "a" through "e", above. ~ g. RSpeciaI WasteR as defined in Exhibit B, attached hereto and incorporated herein. C. HSI7.rdous Wa!rte - Hazardous Waste shall mean any hazardous waste as currently defined in 40 C.F.R. Section 261 and as hereafter amended. . D. Medical WL~e Medical Waste shall mean the substances described as . "Medical WasteR in 40 C.F.R. Section 259.10 as currently defined and as may hereafter be amended. 2. Tnm!ij)Ortation of Solid Waste "Om the City - Beginning on the Commencement Date and coDtÏlluing without interruption through the remaining term oftlûs Agreement, The City of Cula Vista shall transport or cause to be transported to the Landfill all of the Solid Waste and Special Waste produced or generated by The City. The cost and expense to transport the Solid and Special Waste fÌ'om the City to the T Jlndfill shall be borne exclusively by The City ofChula Vista. Waste shall be delivered to the landfill in self unloading vehicles. 3. Batä - The following fees shall be applicable to the services peñonned here under by MAWS: A Rates for Di!lpOsaI at the I,andfill . The City of Chula Vista shall pay MAWS a Disposal Fee for the disposal of Solid Waste and Special Waste at the Landfill designated in Exhibit C ("Disposal Fee"), and shall also pay any and all State District and Host Community Fees, taxes or assessments imposed or coUected by the applicable governmental authority for each ton of Solid and Special Waste generated by the City that is disposed of at the Landfill ("Government Fee"). The applicable Disposal Fee(s) are set forth in Exhibit C attached hereto and incorporated herein, and shaD be valid only for the term oftlûs Agreement as set forth in Section 2 above. The Government Fee shall be calculated by MAWS and included in MAWS' invoices to The City ofChu1a Vista. B. A""""!Im_" and Toy.... - The City ofChula Vista agrees that if at any time during the term of this Agreement, the Government Fee on the disposal of Solid Waste or Special Waste applicable is increased then such increase in the Government Fee shall be passed through to The City ofChula VISta as an additional cost under tlûs Agreement and shaD be paid in fuU by The City of Chula VISta. 5e..r - _..- --... ___._.__ n ..__..__.~_._._.. ---- .....--.--. ._._--_.._._--~- - -- - ------- · Page 3 (The City ofChula VISta) - 4. Pl\YIßents - No later than the tenth day of each month, MAWS shall bill The City of 1 Chula Vista for all of the Solid and Special Waste disposed of at the Landfill during the previous month. The City of Chula Vista shall be required to pay to MAWS within thirty (30) days ftom the invoice date the full amount set forth on the invoice. . S. Iam - This Agreement shall commence on the openil1& Date of the I Jlntlfill in 1995 ("The Commencement Date") and shall run continuously thereafter for a tenn of _2.0. years. The Agreement may be renewed for an additional tenn often yeøupon mutual agreement of both parties. During the first five (5) years of this agreement after the Commencement Date, The City of Chula VISta shall have one elective tennination of this Agreement upon the satisfaction of the folloWing conditions (1) The City of Chula Vista delivers to MAWS a bonafide, complete, written, enforceable ~'.. agreement (excepting only The City of ChuIa Vista execution thereof) with another disposal vendor that (A) meets all the non price terms and conditions of this Agreement, ~1 (8) on a net present value basis over the remaining tenn of this agreement, has a lower Disposal Fee (including transportation cost and any applicable Government Fees) to I S The City ofChula Vista than this agreement, and (C) is immediately available to accept ~~ Solid Waste without restriction or delay as of the date such alternative agreement is delivered to MAWS; and (2) MAWS has not delivered to The City ofChuIa Vista ~~ within thirty (30) days of receipt of such alternative agreement, a written commitment tomeet or exceed the price terms of the alternative agreement. In the event MAWS delivers such a commitment, this Agreement shall continue in full force and effect for the remaining tenn, except that the fees in Ex1ûbit C hereto shall be adjusted to confonn to that written commitment. 6. Di!ij)osal of Solid W8-"'e - MAWS shall provide disposal at the Landfill for the Solid and Special Waste transported to the Landfill hereunder, under the following conditions: A MAWS shall have the right to reject any load of purported Solid Waste that in MAWS' reasonable opinion does not confonn with the definition of Solid Waste as set forth above; B. MAWS shall not accept any Solid or Special Waste for disposal at the Landti11, and The City ofChula VISta shall not provide any Solid or Special Waste to MAWS for disposal, unless and until the procedures set forth in Exhibit A, (attached hereto and incorporated herein) as well as all applicable governmental rules - Se. ,,5' - .. '__'''O'___U_ __n..._ ....-".. - _.----~-~-- --,.,---_..,--- · .' Page 4 (The City ofChula Vista) and regulations, are followed. IfMA WS incurs any cost or expense in f connection with rejection of such Solid or Special Waste due to the failure ofThe City of Chula Vista to comply with this Agreement or Exhibit A hereto, then The City ofChula Vista all pay MAWS, within thirty (30) day of receiving MAWS' invoice for such actual costs, all of the costs including, but not limited to, the cost of equipment, supplies, and personnel utilized by MAWS in rejecting or removíng it ITom the Landfill. C. The City of Chula Vista shall not provide to MAWS and MAWS shall not accept for disposal any Hazardous Waste, Infectious Waste, or Medical Waste. 7. MAWS warrants, represents, and covenants that: A MAWS shall dispose of The City ofChula Vista Solid and Special Waste in a manner that is in full compliance with all applicable federal, state, and local laws, rules and regulations; and B. MAWS has, and at all times during the term of this Agreement shall have, all necessary permits, licenses, and authorizations necessary to operate the Landfill. , 8. The City ofChnla Vim Warranties - The City ofChula Vista warrants, represents, and Covenants that: A The City ofChula Vista shall provide to MAWS for disposal only Solid Waste that is Solid Waste as defined herein and Special Waste that is approved for disposal by MAWS as provided herein and shall not provide MAWS with any Hazardous Waste, Infectious Waste, Medical Waste, or any kind ofwaste other than non-hazardous Solid Waste or approved Special Waste; and B. As to all Special Waste which is provided by The City ofChuIa Vista for disposal hereunder, at its sole cost and expense The City of Chula Vista shall provide MAWS with appropriate laboratory tests which show that the Solid Waste contains no Hazardous Waste, Infectious Waste, or Medical Waste. This testing shall include, but not be limited to, testing the Solid Waste in Accordance with Method 1311 Toxicity Characteristic Le."h;118 Procedures as set forth in 40 C.F.R. Part 261, Appendix n ("TCLP") as currently written and as may be amended, at least two (2) times every twelve (12) months or at such shorter intervals as might be required by any appropriate governmenta1 authority. C. The City ofChula Vista shall provide MAWS for disposal at the Landfill, all of the Solid and Special Waste generated or produced at the Project. 5e .. ¿, ._-------, -.'------- u._ . ...__ ..__. -- -- --..------- "-,,,--,.-,.-- --_._._-_.__._~_._---------~---- . .' Page 5 (The City ofChula VISta) ~ 9. Hours ofQperation - The Landfill shall operate during the hours set forth in Exhibit C. . 10. FYnll!Ie ofPeñorman~ - The parties perfonnance under this Agreement may be suspended in the event such perfonnance is prevented or made impractical by a cause or causes beyond the control of such party. Such cause or causes shall include, but not be limited to, acts of God, acts of war, riot, fire, explosion, accident, flood, sabotage, lack of adequate fuel or power; changes in governmentalIaws, regu1ations, administrative rules, pennits, approval requirements, orders or actions, national defense requirements, injunctions, or retraining orders. In addition, without limiting or conditioning the foregoing. MAWS shall be excused trom perfornùng hereunder if the landfill is closed for any reason, by any regulatory body with jurisdiction over the Landfill prior to the termination of this Agreement. The Parties shall provide as much advance notice as practical to the other party of such circumstance which the non-performing party believes will effect its ability to peñonn under the terms of this Agreement. At such time as the event or cause which caused the non-performing party to suspend its obligations under this Agreement is removed or e1iminated, then the non-performing party shall be bound to honor this Agreement for the remainder of its term. Not withstanding the above, nothing contained herein shall excuse The City ofChula VISta obligation to pay MAWS for services rendered by MAWS to The City ofChuIa VISta. 11. pP.rtnrmRn...e Bond - Within Thirty (30) days of the execution of this Agreement by the City and MAWS, MAWS shall provide a perfonnance bond in favor of the City to secure its obligation to dispose of the cities solid wastes. Drawings on the peñonnance bond shall be pennitted only if the Commencement Date does not occur on or before December 31, 1995. The provisions of this paragraph shall apply not withstanding the provisions of paragraph 10 hereof. 12. Tnd"""ni~, A MAWS shall defend, indemnity and hold harmless The City ofChu1a VISta, its officers, directors, agents, servants and employees ftom and against any and all suits, actions, legal proceedings, cIaims, demands, damages, costs, expenses and attorneys' fees (collectivèly "CIaims"), to the extent that such CIaims result ftom a willful or negligent act or omission by MAWS as we1l as any CIaims made against The City of Chu1a VISta under the Comprehensive Environmental Response, Compensation and Liability Act, 42 US.C. 9601, ClBq., or the California Hazardous Substance Account Act, Cal. Health & Safety § 25300, ClBq., in which it is alleged that caused - .,5e-7 - -..------- ..-- - "---.. ----.. ----_.._-_._-~._----_._,-- . Page 6 (The City ofChula Vista) harm to persons, property or the enviromnent as a result of Solid Waste brought or J transported by The City ofChula Vista to the Landfill. Notwithstanding the above, in no event shall MAWS be liable for any Claims arising out ot: caused by, or resulting fÌ'om the breach by The City ofChula Vista of any of the terms of an agreement between The City of Chula VISta and MAWS. 13. Ind~dent C-Ontractor - The parties hereto are independent entities and all services . perfonned under this Agreement are perfonned by the perfomùDg party as an independent contractor. Neither MAWS nor The City of Chula VISta is the employee, agent or representative of the other and neither party is authorized to act as the agent or representative of the other or on behalf of the other party. 14. Anigl'mP.l1t - Neither party may assign, transfer, or vest in any other entity or person any of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld. Provided, however, that MAWS may, without any such prior written consent of The City of Chula Vista, assign its rights or obligations 1,UIder this agreement to any subsidiary or affiliated corporation so long as MAWS remains primarily responsible for the performance of all of its obligations under this Agreement. IS. Surr_onn Bnd A§§ii1'§ - This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and to their respective successors and assigns permitted under the terms of this agreement. 16. Governin¡ Law -1bÏ5 agreement shall be governed by and constructed in accordance with the laws of the State of California. 17. Notices - Unless otherwise specified herein, any notices to be provided under this Agreement shall be made in writing and shall be deemed received when sent to the below listed addresses and (1) when actually received after being sent by telecopier or personally delivered or (2) three days after being mailed by first class United States mail with proper postage pre-paid or (3) one day after being sent via an over- night courier service if the sending party retains a receipt of showing that the ovenúght courier service received the notice fonn the sending party. Se-g/ ~-- ..__._.....~'~ --~ -- _.~._-, _ _.__·...._..M.__'·. - ----~.._---~~~~ - --~~.._-_._------ . . . Page 7 (The City ofChuIa Vista) 1 1 Notice to MAWS shall be sent to: Mr. R. Jay Roberts - Vice President Mid-American Waste Systems, Inc. 1006 Walnut Street Canal Wmchester, Ohio 43110 Telephone: (614)833-9155 FAX+ (614)833-9173 Notices to The City ofChula Vista shall be sent to Phone: FAX: 18. P~h R"Arlini~ - The paragraph headings contained herein are inserted only for the convenience of the parties and in no way define, limit, or describe the scope or intent of any provision in this Agreement. 19. UnenforrÞAhle Provi!Únn~ - Ifany term, covenant, warranty, paragraph, clause, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such term, covenant, warranty, paragraph, clAII-, condition or provision shall be deemed severed or rewritten, as the case may be, to give the mn'¡mllfl\ effect to the parties' intent hereunder, and the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 5e-9 - -.. ~ - ..-. .' -...-........-.---...-..-. .. .. ~-- ...-..--- ~___ .___~~___~__,__..._________.__... ____ ______ ___.~_ ______,..____ ________ ______~_.__..__ _ m_.._'___...". · Page 8 (The City ofChula VISta) A 20. No Waiver of Rights - Failure by either of the parties to insist on or enforce any of A their rights shall not constitute a waiver of any of that party's legal rights or of that party's right to insist upon strict compliance with the provisions of this Agreement. 21. Tf'.I'1TIinatirm - Not withstanding anything set forth above, in the event either MAWS or The City ofChula Vista is in breach of any of the material provisions of this Agreement, the non- breaching party shall provide written notice to the breaching party advising the breaching party of the breach, specifying the action(s) that must be taken by the breaching party to remedy the breach in accordance with this Agreement and requesting that the breach be remedied within thirty (30) days ("Breach Notice"). If the breaching party (1) has not remedied the breach within thirty (30) days after receiving the Breach notice or (2) has not used its best efforts to remedy the breach within such thirty (30) day period in cases where the breach is incapable of being remedied within such period, then the non-breaching party may tenninate its obligations under this Agreement provided, however, that The City of Chula Vista obligation to pay MAWS for services already provided by MAWS shall continue and not be extinguished until all sums due MAWS are paid in full. 22. Entire A¡reement - This Agreement constitutes the entire Agreement and understanding between the parties with respect to the matters contained herein. 23. Inteq¡retation - The tenns and conditions of this Agreement shall be interpreted without regard to the identity of the party that drafted any such term or condition. 24. Cnnteq¡arts - This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all ofwbich together shall constitute one and the same instrument. 5'e. ~/¿J .-..... n._______ --_.,~,.__. ~ .__.__._ .__ __U'_'O .. __.___"__~_....___...__.___.___.__ - ...----.- . . Page 9 (The City ofChuIa Vista) 1 IN WITNESS WHEREOF, the parties hereto have authorized the individuals whose signatures appear below to sign this Agreement on behalf ofMA WS and The City of Chula Vista with full authority to bind MAWS and The City of ChuIa VISta, respectively. ~A.MERlCAN WASTE SYSTEMS, INC BY"-- ~24 ~~OC~ ITS: b',/VEM-¿ -Ø.ûA-¥".( BY: ITS: , - se-j / ^ I . -. ---.- -- ._--~ _ . , _'H"_ _ '.._.. ~ ._._____.,._.._____,_____..__________ _ _ __._.. __ '.__.__""'._ _ ,___,__...m ___ __u,__ EXHIBIT A . 1 . 1. Waste Materials - The Company agrees the waste to be delivered for disposal pursuant to this Agreement shall be non-baled Solid Waste and shall not contain any Hazardous, Radioactive; Infectious, or Medical Wastes, as those tenns are defined by applicable federal, state or local laws and regulations. MAWS shall dispose of only non-hazardous Solid Wastes and approved Special Wastes and MAWS shall be under no obligations under this Agreement to haul or dispose of wastes other than non-hazardous Solid Waste or approved Special Wastes. 2. Special Waste - Under the tenns of this Agreement, special Waste shall be defined as set forth in Section 1.B, above. Before MAWS shall be required to dispose of the Company's Special Waste, the Company shall: (1) at its own cost and expense, conduct TCLP testing and analysis on the Special Waste and immediately upon obtaining the results of the TCLP testing and analysis, provide a written copy of these tests and analysis results to MAWS; and (2) complete and subnùt the fonn entitled Special Waste Disposal Approvill set forth in Exhibit B and subnùt this coinpleted fonn to MAWS for its approval; and (3) obtain written approval on the Special Waste Approval fonn from both MAWS' Regional Environmental Manager and the General Manager at the Landfill where the Special Waste is to be deposited for disposal. Any other waste provided for disposal by the Company that substantially comports with the definition of Special Waste set forth in the Agreement shall require that the practices, procedures, and approvals specified in this ExIu'bit A be followed and obtained. by the Company before MAWS shall be required to accept the Special Waste provided by the Company. 5e ' 1rJ.. . "'---" . - .--. - J} .-----,_._----_._-~.__._-- --..-..---. ._-~----" - ,,---...-------..--...-- - -" -"'.' ~ .-.-.- -.--..-...-- .. " ¡{X1/56fí ß '. I 1 Mid-American Waste Systems, Inc. Special WastLDisposaLPolicy 1. Mid-American Waste Systems, tnc. (MAWS) will accept for disposal SUllY. municipal solid waste and approved special wastes. 2. Seedal Waste is defined as waste which meets any of the following classifications: a Waste containing free liquids; b) Waste which is sludge or semi-solid; c) Waste generated by an industrial process; d) Waste generated by a pollution control process or facility; e) Off-specification, out-date or discarded chemical or petroleum products; f) Asbestos containing waste; g) Contaminated soil or debñs resulling from the cteanup of a spill or release of materials - . listed if! a through g. 3. Hazardous wastes and untreated Infectious wastes, as defined by federal, state and local regulations, are specifically excluded from disposal at MAWS facilities. 4. ~ hauling or disposal of Special Waste, the generator must complete a Special Waste Disposal Approval and the same must be approved by the disposal faciUly General Ma~ger and MAWS Regional Environmental Manager. 5. Each disposal facillly shan maintain a Solid Waste Disposal Log to record the inspection and approval of all Special Waste loads received at the facility. 6. Special Waste disposal will be consistent wllh applicable stale programs and regulations. 7. Each disposal facillly General Manager wiJI conduct new employee and semi-annual refresher training for all employees responsible for Special Waste management. Sé,-/3 FI LE OOCT181991t - -----. . -_-.- ~~-. ~._---~- . ------..--- ., I ! . S pecia I Waste Disposal Approval 1 Disposal Faciity ID Nurrter Generator Information 1. Name 2. Þd:Jre5S - 3. City and State . 4. Contact Pel50n 5. Plant or Work Site Location Waste Information 6. Coll'VOOn Name of iNaste 7. Detailed Description 01 Process Generating Waste 8. Is This a Hazardous or Toxic Waste as Defined by Federal, State or Local Laws or Regulations: DYes D No phvslcal Characteristics of Waste 9. Color 10. Odor DNone DMild D Strong Describe 11- Physical Slate DSolid D Semi-Solid (sludge) D Uquid D Powder D Other 12. Free Standing Liquids DYes D No 13. Minirrum Percent Solids % 14. Waste WiD Be Disposed In: D Bulk DDrum Q Other 15. Anticipated Volume: Q Tons 00 Yards Q Drums Q Other 16. Frequency: Q One-time a Weekly Q Monthly a Other fe.... /'1 -- -- ~--.._._-- ---- .--..--..........-- -----.------ - -- ------_._.~------- - - . . . TransDorter Information 17. Name . 18. ÞdTess . 19. City and State 20. Cortad Person Phone 1 Laboratorv Information 21. Name 22. Cortact Person Phone 23. Attach a recent (within 6 months) analysis of a representative sample of the waste to be disposed. Parameters to be reported shall include: . A. Flesh Poinl J TCLP Pesticides K. TCLP o.v.- _od . .. B. pH · Endrin · Heptachlor (and Hydroxide) C Percenr Solids · lindane o HlxachloroÞenzene Q Paint Filter Test · Me!noxychlor · HexachloroÞutldilne E. Cyanide Reaaivity · Toxaphene o Hes:achloroetnanl F. Sulfide Re.C1i~1Y °2,4·0 · Methyl Ethyl Kemne G. PCB (if roquVod) '2.~.S·TP (SilvIa) · Nttrobenune H. Total Perroleum · Pt",achlo<ophanol Hydrocarbon. (TPH) K. TCLP Organics · Pyridine (spilUrelease ,ltIidues only) · Senzene · TlttachlorollhyJ_ · Carbon Tltrach60ride · T,ichloroerhy"'" t TClP MtI3ls · ChlOrdane · 2.'.S-Trid"llorophenol · Arsenic · ChlOtoform · 2.4,6- Ttid'lloroph.,.,¡ · Barium .0-. m-, po Crftol °VinylChIotide · Cadmium "Total Cresol "lead · 1,'·Dichlorobenzene 'LIe<euty · 1,2-Oichloroethane · Selenium · 2...·0inilrolOluene "Silver 24. Attach Appropriate State Approvals. Certification I certify that all information submitted in this and all attached documents are true, accurate and complete and is an accurate representation of the waste to be disposed. Name (Print or type) (Signature) Tille Date ADDroval The waste as represented by Information contained in this document is approved for disposal at: . General Manager Regional Environmental Manager 'ð"é -IS' " ---..-."---.. - -_..~--_._-~-,-~.- Special Waste Approval Criteria - - . Approval I1m1 Criteria or Level Hazardous or Toxic Waste by law or regulation NO Free Liquids (see Paint Filter) NO Laboratory Analysis Flash Point >14O"F pH >2, <12 ~ IJf¡ solids >20% Paint Filter Test Pass only Cyanide Reactivity <250 mg/l . Sulfide Reactivity <500mg/l (1) PCB (total), if required <50 ppm TaP Metals Arsenic <5.0 mg/l Barium <100.0 mg/l Cadmium <1.0 mg/l Chromium <5.0 mg/l Lead <5.0 mg/l Mercury <0.2 mg/l Selenium <1.0 mg/l Silver <5.0 mg/l TaP Pesticides Endrin <0.02 mg/l Lindane <0.4 mg/l Methoxychlor <10.0 mg/l Toxaphene <0.5 mg/l . 2,4-D <10.0 mg/l 2,4,5- TP (silvex) <1.0 mg/l TCLP Organics Benzene <0.5 mg/l Carbon Tetrachloride <0.5 mg/l Chlordane .<0.03 mg/l Chlorobenzene <100.0 mg/l Chlorofonn <6.0 mg/l (2) 0-, m-, p-, or Total Cresol <200.00 mg/l 1,4 - Dichlorobenzene <7.5 mg/l 1,2 - Dichlorethane . <0.5 mg/l 1,1 - Dichloroethylene <0.7 mg/l 2,4 - Dinitrotoluene <0.13 mg/l or MDL * Heptachlor (and its hydroxide) <0.008 mg/l Hexachlorobenzene <0.13 mg/lorMDL* Hexachlorobutadiene <0.5 mg/l Hexachloroethane <3.0 mg/l Methylethylkeu>ne <200.0 mg/l Nitrobenzene <2.0 mg/l Pentachlorophenol <100.0 mg/l Pyridine <5.0 mg/l or MDL * Tetrachloroethlene <0.7 mg/l . Trichloroethylene <:0.05 mg/l 2,4,5 - Trichlorophenol <400.00 mg/l 2,4,6 - Trichlorophenol <2.0 mg/l Vinyl Chloride <0.2 mg/l Total Petroleum Hydrocarbons (TPH) <5000 mg/lcg · MDL.. Method Dcu:cùon Limit Use the pIC!' of MDL or the specified level. (1) PCB's includes all arochlors. PCB is 10 be anaIayzcd !..~ all oily waste su=ns. PCB's not required 10 be analyzed h IIOn-oily wastes, unless their presence is suspcclCd. (2) Analyze for 0-, m-, and p- Cresol. If lhey c:IIInot be differenùated use IOL.oI Cresol. 200 mg/1 approval criterion applies 10 c:ICh. 5é -)¿ - .._. 0'- .._ _ _. "~. _ -. ~. _.._-_.__..~ -~ ._..,"...._--~_."---_._----~-._..._~-_.._._---_._.._---.--...- --"-----------_..- -,-- ..--...- ,- - ---- --- .--.---.- - .. ~ . .' . 1 EXHlRIT C DL<;POSAI. FEE 1. The disposal fee for the City of Chula Vista shall be $25.00 per ton for all municipal Solid Waste delivered to the Campo Landfill. 2. This disposal fee win be increased annually by the percentage increase of the CPI for the San Diego County area. 3. This disposal fee quotation is firm until February 01, 1995. . . Se""/7 - - ..--- COUNCIL AGENDA STATEMENT Item t Meeting Date 12/20/94 ITEM TITLE: Resolution /775'1 Authorizing the Chief of Police to Divert Sixteen (16) Bicycles Impounded by the Police Department from the Normal Property Auction Process and to Donate Said Bicycles Back to the Community Through the Police Activities League. SUBMITTED BY: Chief of police~ 1í REVIEWED BY: City Manager (íG -1 (4/Sth's Vote: Yes_ NoX) The Police Activities League, a non-profit civic organization sponsored by the Police Department, is requesting the discretionary authority to select sixteen (16) police impounded bicycles to be utilized as holiday gifts for "at risk" children. The proposed resolution would provide bicycles suitable for use to be given without charge to needy individuals selected by community organizations working with the youth of Chula Vista. BOARD/COMMISSION RECOMMENDATION: N/A RECOMMENDATION: Approve the Resolution The Chula Vista Police Activities League which participates in year long events geared towards the guidance of kids at risk is preparing for its annual Christmas toy drive. Each year the department auctions numerous bicycles that are impounded throughout the year. This resolution would allow flexibility by procuring these bicycles in mechanically sound condition to be given back to the youth of Chula Vista without charge. The names of individuals receiving toys and bicycles are supplied by local charitable and social organizations, eliminating direct selection by Police Activities League members. This process assures us that the bicycles are being presented to those predetermined in having these needs. Chula Vista Municipal Code Section 2.60.020 and 2.60.035 provide the authority for unclaimed bicycles to be sold at public auction or kept for city use if the Chief of Police recommends and the Purchasing Agent determines that property is suitable after the required holding period with the police department of 90 days. Chula Vista Municipal Code Section 2.56.250 allows for "stocks of supplies, materials and equipment which are no longer used or which have become obsolete, worn out or scrapped" may be transferred by the Purchasing Agent "when the estimated amount involved is less than five thousand dollars to approved civic or social organizations with the approval of the city council, upon the recommendation of the city manager in those cases where it is deemed by the city council that such a disposition of property would best serve public interests." If property has no value, the Purchasing Agent can dispose of it without council approval. ¿,-/ ^-~_._...__._._,._."" ,..-.----~_.-<--..,,----------- · Page 2, Item ¿, - Meeting Date 12/20/94 In providing the Police Activities League with the option of using impounded bicycles for charitable reasons, the spirit of the law as stated in Chula Vista Municipal Code Section 2.56.250, "such a disposition of property would best serve public interests" has adequately been served. The City Attorney's Office recommends approval of the proposed resolution. We will also continue with further efforts to provide an acceptable City Ordinance for donation of these bicycles in future endeavors. FISCAL IMPACT: Bicycles typically bring an average of $20 each at the City's property auctions, therefore, staff estimates that approval of this item will result in forgone revenue of approximately $320. ¿-~ RESOLUTION NO. 1775'9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CHIEF OF POLICE TO DIVERT SIXTEEN (16) BICYCLES IMPOUNDED BY THE POLICE DEPARTMENT FROM THE NORMAL PROPERTY AUCTION PROCESS AND TO DONATE SAID BICYCLES BACK TO THE COMMUNITY THROUGH THE POLICE ACTIVITIES LEAGUE WHEREAS, the Police Activities League, a non-profit civic organization sponsored by the Police Department, is requesting the discretionary authority to select sixteen police impounded bicycles to be utilized as holiday gifts for "at risk" children; and WHEREAS, it is proposed to provide bicycles suitable for use to be given without cost to needy individuals selected by community organizations working with the youth of Chula Vista; and WHEREAS, Chula vista Municipal Code Section 2.56.250 allows for "stocks of supplies, materials and equipment which are no longer used or which have become obsolete, worn out or scrapped may be transferred by the Purchasing Agent to approved civic or social organizations with approval of the City Council, upon the recommendation of the City Manager in those cases where it is deemed by the City Council that such a disposition of property would best serve public interest. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby authorize the Chief of Police to divert sixteen (16) bicycles impounded by the Police Department from the normal property auction process and to donate said bicycles back to the community through the Police Activities League. Presented by ~dtlas Riobard P. Emerson, Chief of ~uoe M. Bo Police Attorney C:\rs\bikes.PAL t-J --_...~--- -- '".'--" -.-- .----------,-----------..--...------- -_.._...-_.~-_..__._,.,...,------_.~~--~...._-_.- . - -.-.'.--------------.-. COUNCIL AGENDA STATEMENT Item~ Meeting Date 12/2 //94 ITEM TITLE: Resolution I 77¿ð Approving Agreement with Fletcher and Fletcher, Inc for the purchase, installation, training and maintenance of the Automated Budget System SUBMITTED BY: Director Management and Information Services;1/' Budget Manager~ REVIEWED BY: City Manager ¡r; -~1í (4/5ths Vote: Yes_Nol) As part of the CIP program, Council approved the purchase and implementation of an enhanced automated budget system (CIP #GG 143). This project was funded for both FY 93-94 and FY 94-95. One component of the project is the purchase of an automated budget software program. Staff distributed a request for proposals(RFP) for this component and received three proposals. It is recommended that the City enter into an agreement with Fletcher and Fletcher Inc., who submitted the highest rated proposal which was also the lowest cost. RECOMMENDATION: Adopt the resolution approving the Agreement with Fletcher and Fletcher, Inc. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: The City's budget is currently created and maintained on the Burroughs Mainframe system. When this system was created more than 10 years ago, it represented the first step towards on-line budgeting. The technology has changed so much since that time that this system is beyond repair or update; the only real option is replacement. The new budget system will take advantage of the city's existing local area network system, expanding it to all departments and adding an automated scheduling and calendaring program for all network users. This new system will represent a giant step forward in the city's automation program and greatly enhance the efficiency and effectiveness of the budget process. Determination of Need The three general factors which determine whethcr a service is recommended to be contracted out are: I) when existing staff does not have the required expertise or equipment; 2) the work product is required within a short time rrame which cannot be met by existing staff; and 3) it is more cost effective to have the work completed by an outside service provider. In this case, two of the three reasons apply in determining that this would be a more efficient project to contract out rather than have in-house staff perform. The total CIP project is $80,900. Of this total, $30,900 is for computer hardware related costs primarily for expansion of the Local Area Network so that all departments will have access to the system. An additional $10,000 will 1 ?~/ _~,..~__. ~."_.,__._·__._____.n.'·_.____~ provide for reimbursement for in-house stafT time and the remaining $40,000 for the actual software is the subject of this proposed service contract. If the City performed this function in-house, a team including a Computer Programmer, the Microcomputer Specialist and a member of the budget staff would write a software program. The amount oftirne required to create the software and allow these individuals to continue with their regular workload would likely be in excess of one year. The henefit of buying an off-the-shelf piece of software is that the City is not recreating the wheel; we are tnking advantage of a nwnber of companies who have found a niche in the software market for government-specialized software and created programs that are ready to go within any type of government structure. City staff will work very closely with the service provider to become knowledgeable with the software so that future adjustments can be completed in-house. As required by Council Policy on use of external service providers a cost comparison worksheet was completed which identified that for city staff to develop this software would cost $123,500 and take a minimum of one year to complete as compared to purchasing a software package for $40,000 and having it installed within three months. Reauest for ProDosal Process An RFP was developed with the assistance of most of the city's budget system users. In order to determine the components and specific requirements of a PC-based system, a brainstorming session was held with all users of the current budgct systcm. In addition, specific concerns were requested from those individuals who have been consistently high users on the current budget system. This input was reviewed and formed the basis for the RFP. The RFP was written to give a general idea of the kind of system desired, while allowing the flexibility for a vendor to bring in additional ideas for functions or items we may not have been aWare of. Advertisin2 Since we began discussing the possibility of purchasing off-the-shelf budget preparation software, we have been gathering a list of companies which provide software of this sort. Staff sent the RFP to 15 companies and then advertised in the Star News, Union- Tribune, Computer Edge Magazine, Western City Magazine in addition to contacting several professional organizations for data processing individuals such as Data Processing Managers Association (DPMA) and the Society for Hispanic Professional Engineers. Pre-Proposal Conference A pre-proposal conference was held on March 25, 1994 with 5 potential vendors in attendance. The questions and answers from the conference were recorded and a copy sent to all those who had been sent RFP's. Selection Committee The City Manager appointed a five member sclection committee to evaluate the RFP's. This committee included: Louis Vignapiano, Director of Managcmcnt and [nfonnation Services; Dawn Herring, Budget Manager; Dan Camp, Director of Managemcnt and Information Systems, City of Escondido; Stephanie Snyder, Principal Management Assistant and Maryann Barbieri, Secretary to the City Manager. The in-house 2 7#.2- . ~.~. ~-- .. ...-----"..- ...-..------.-" ----~-------_._-~-,,-_.- individuals were selected based on their extensive experience working with the existing budget system as well as budget systems within other agencies. ProDosals Received The city received three complete proposals and two letters indicating that the companies had chosen not to submit a proposal. The three proposals received proposed very different systems, two of which would have required purchasing additional upgraded computer equipment in order to run the systems. Based on the RFP criteria of not adding additional computer equipment two proposals did not meet our specifications. However, staff evaluated these proposals to detennine if these were other significant benefits in either system which might outweigh the additional cost for equipment. Each proposal was evaluated hased on the following list of criteria and how well each proposal met each criterion. · No additional hardware required · Ability to document each budget review level · Run on existing citywide Local Area Network · User Friendly · Complex math calculations · Maintain minimum of two years history on system · Ability to perfonn "what if' calculations · Word processing capabilities · Tables available for standard budgct rcquests · Confinnation prompts · Revenue projection component · Upload and download infonnation to City's mainframe system · Cost These items are not listed in priority order. Ranks wcre assigned to each criteria and then general evaluation of overall system capability. All selection committee members identified Fletcher and Fletcher as the best system for our needs. This system also was the lowest cost of the three proposals. Firm Met RFP Software Equipment Total Cost I!uidelines Cost Cost Fletcher and Fletcher, yes $35,000 $0 $35,000 Inc. Budget Technology no $38,000 $11,600 $49,600 San Diego County no $45,000' $0" $45,000 Office of Education · Plus $70 per hour for customization to meet City's minimum requirements .. While no additional equipment costs were included in the proposal, the system is required to be run on all 486 workstations. This requirement would cost an additional $15,000 to $30,000. 3 7,.3 ___.~__.._...___._____________._,..____·_._..,._m._.___m...___._.,_···' A2Teement The agreement with Fletcher and Fletcher provides for all basic contract requirements as specified by the City Attorney. The specific conditions provide for the vendor to work closely with City staff to customize the software to meet City's specifications. In addition, on site training will be provided as well as one year rree technical support, software upgrades, customization and maintenance. After the first 12 months the City has the option of paying an annual maintenance fee of $5,25 O. This maintenance fee includes a cost of living adjustment factor which can not increase more than the CPI or a maximum of 5% per year, whichever is less. The payment of this maintenance fee will provide the City with free software upgrades, unlimited maintenance, technical support (5days/10 hours) and additional enhancements. FISCAL IMPACT: Funds are appropriated in ClP project GG 143 sufficient to pay for the $35,000 software costs. It is expected that there will be significant staff time savings from implementation of this system which are not quantifiable at this time. The annual maintenance fee of$5,250 will be included in the FY 95-96 budget. 4 ?-¥ -_._-"-----_._--~-_._-- -~-~- RESOLUTION NO. t?? .tJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH FLETCHER AND FLETCHER, INC. FOR THE PURCHASE, INSTALLATION, TRAINING AND MAINTENANCE OF THE AUTOMATED BUDGET SYSTEM, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, included in the approved Capital Improvements Program for fiscal year 93/94 and 94/95 was CIP #GG143 for an enhanced automated budget system; and WHEREAS, a request for proposals was distributed and the following three were received: Fletcher and Fletcher, Inc. $35,000 Budget Technology $49,600 San Diego County Office of Education $45,000 WHEREAS, the proposal of Fletcher and Fletcher Inc., who submitted the lowest cost, was also the highest rated by the selection committee. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve an Agreement with Fletcher and Fletcher, Inc. for the purchase, installation, training and maintenance of the Automated Budget System, a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the city Clerk in the final document). BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the city of Chula vista. Presented by iLa~t[~j Louis Vignapiano, Director of Bruce M. Management and Information Services Attorney C:\rs\auto.bud 7-5/7-0 ._~----- - -------_.._-_.__.~-_.__._-_.__..--------_._----- Parties and Recital Page(s) Agreement between city of Chula vista and Fletcher & Fletcher Inc. for the Purchase, Installation, Training and Implementation Of A Software system This agreement ( "Agreement") , dated December 9, 1994 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 Vendor, 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 ("Vendor") , and is made with reference to the following facts: Recitals Whereas, the city of Chula vista desires to purchase a PC based Budget Preparation Software system capable of running on a Novell Network LAN Version 3.11; and, Whereas, Fletcher & Fletcher Inc. has satisfactorily demonstrated the suitability of their system known as "Budget preparation Application"; and, Whereas, Vendor 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 Vendor to city within the time frames herein provided all in accordance with the terms and conditions of this Agreement; -1- 7" 'l -- -,-.-..- - -". -- -_.---~..._--_._---~--------~._._-- ~~- Obligatory provisions Pages NOW, THEREFORE, BE IT RESOLVED that the city and Vendor do hereby mutually agree as follows: I. Vendor's Duties A. General Duties Vendor 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", Vendor 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 öf 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 D. Additional Services In addition to performing the Defined Services herein set forth, City may require Vendor 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 Vendor, Vendor shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Vendor, 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 Vendor represents that it and its agents, staff and subvendors employed by it in connection with the Services -2,... ?-~ ... "_"._·.__~_'.·....___.._._..'...____."_W" .._._--_.._,,_._---_.~----~----~-,---~-_...,------'--_.-_.- required to be rendered, are protected against the risk of loss by the following insurance coverage, 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 Vendor, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary coverage"), and which treats the employees of the city and Applicant in the same manner as members of the general public ("Cross-liability coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance coverage. 1. certificates of Insurance. Vendor shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability coverage required under Vendor's Commercial General tiability Insurance policy, Vendor shall deliver a policy endorsement to the city demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Performance Bond. In the event that Exhibit A, at Paragraph 9, indicates the need for Vendor to provide a Performance Bond, which indication shall be made by checking the parenthetical space adjacent to the term, "Performance Bond", then Vendor shall provide to the City a performance bond by a surety and in a form satisfactory to the City Attorney in an amount indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 9, Exhibit A. -3- 7-9 --'---~----"'---"------' ,., -.-..-.-....- --------.---_.._- _.__.~--.---_._----- ----- II. Duties of the city A. consultation and Cooperation city shall regularly consult the Vendor for the purpose of reviewing the progress of the Defined Services and Schédule 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 Vendor 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 Vendor's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Vendor, City shall compensate Vendor for all services rendered by Vendor 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, and shall compensate Vendor for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Vendor 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 s~ch payment. III. 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. IV. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. V. 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- -4- 7-J¿l ._----_._--,-----~_._,~_._------ 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 vendor 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 vendor'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. VI. Financial Interests of Vendor A. Vendor is Designated as an FPPC Filer. If Vendor is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Vendor is deemed to be a "Vendor" 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 Vendor is designated as an FPPC Filer, Vendor shall not make, or participate in making or in any way attempt to use Vendor's position to influence a governmental decision in which Vendor knows or has reason to know Vendor has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Vendor is designated as an FPPC Filer, Vendor warrants and represents that Vendor has diligently conducted a search and inventory of Vendor's economic interests, as the term is used in the regulations promulgated by the. Fair Political Practices Commission, and has determined that Vendor does not, to the best of Vendor's knowledge, have an economic interest which would conflict with Vendor's duties under this agreement. D. promise Not to Acquire Conflicting Interests. -5- 7-// __ - _n_.__ ---~-_._---- Regardless of whether Vendor is designated as an FPPC Filer, Vendor further warrants and represents that Vendor 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 Vendor is designated as an FPPC Filer, Vendor further warrants and represents that Vendor will immediately advise the city Attorney of city if Vendor learns of an economic interest of Vendor'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. Vendor warrants and represents that neither Vendor, nor Vendor's immediate family members, nor Vendor's employees or agents ("Vendor 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. Vendor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Vendor or Vendor Associates in connection with Vendor's performance of this Agreement. Vendor promises to advise city of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Vendor agrees that Vendor 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. Vendor may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Vendor's responsibilities under this Agreement, except with the written permission of city. VII. Hold Harmless Vendor shall defend, indemnify and hold harmless the city, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Vendor, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the city, its -6- 7-/.:1. gl - ~_._..._~--------_.~-- officers, or employees. Vendor's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Vendor at its own expense shall, upon written request by the City, defend any such suit or action brought against the city, its officers, agents, or employees. Vendors' indemnification of City shall not be limited by any prior or subsequent declaration by the Vendor. VIII. Termination of Agreement for Cause If, through any cause, Vendor shall fail to fulfill in a timely and proper manner Vendor's obligations under this Agreement, or if Vendor 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 Vendor 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 Vendor (excluding all software) shall, at the option of the City, become the property of the City, and Vendor 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 Vendor's breach. IX. Errors and Omissions In the event that the City Administrator determines that the Vendors' 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, Vendor 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. X. Termination of Agreement for Convenience of City XI. Assignability The services of Vendor are personal to the City, and Vendor 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, which City may not unreasonably deny. XII. Ownership and Use of Equipment and Materials All equipment, data, statistics, forms, designs, plans, procedures, documentation, systems and any other materials or properties covered under this Agreement shall be the sole and -7- ?~ J:J / i~, ( -~._.-... -..--,-.-." _...._--_....._._-----_._..~- --- exclusive property of city. city shall have unrestricted authority to sell (except all software) or otherwise dispose of all said items. XII I. Independent Contractor city is interested only in the results obtained and Vendor 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 Vendor's work products. Vendor and any of the Vendor'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. XIV. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in chapter 1.34 of the Chula vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by city, Vendor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. XV. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. XVI. Statement of Costs XVII . Miscellaneous A. Vendor not authorized to Represent city Unless specifically authorized in writing by City, Vendor shall have no authority to act as city's agent to bind city to any contractual agreements whatsoever. B. Vendor is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Vendor and/or their principals is/are licensed with the State of -8- ?-)l1 -------------~------~-_._-_._,----"-~. California or some other state as a licensed real estate broker or salesperson. otherwise, Vendor represents that neither Vendor, 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 ofChula 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.] -9- ?~/5 .......-... ---- _.._._~_.__... Signature Page to Agreement between city of Chula vista and Fletcher & Fletcher, inc. fof the purchase, installation, training, and implementation of a Software System IN WITNESS WHEREOF, city and Vendor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19 city of Chula vista by: Shirley Horton, Mayor Attest: Beverly Authelet, city Clerk APPZ fit ~o Bruce M. Boogaa ,C1ty Attorney Dated: Exhibit List to Agreement (XX) Exhibit A. ( ) Exhibit B: -10- 7"'/~ -,_.__._._..__..._-~.- .. --~.__._~-- _._.....----.---_.~-~--~,--- -. Exhibit A to Agreement between City of Chula vista and Fletcher & Fletcher Inc. I. Effective Date of Agreement: II. 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") III. Place of Business for city: city of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 IV. Vendor: Fletcher & Fletcher Inc. V. Business Form of Vendor: ( ) Sole Proprietorship ( ) Partnership (X) Corporation VI. Place of Business, Telephone and Fax Number of Vendor: 1620 Stella Dr. Sarasota, Fl. 34231-3714 Voice Phone (813) 921-7097 Fax Phone (813) 921-4723 VII. General Duties: Provide and install an automated Budget preparation Application system on the city's Local Area Network, train City staff in its use, and maintain the system in good working order. -11- 7-17 ---_._.----~~_._-----~ VIII. Scope of Work and Schedule: A. Detailed Scope of Work: 1. Provide and install on the city's Local Area Network the "Budget preparation Application" software package as per section 4.0 (Performance Specifications) stated in the vendor's response to the city's RFP. 2. Consult with city staff for the specifications for program customization for the unique account structure, operating, reporting requirements and other necessary changes to comply with section 4.0 (Performance Specifications) stated in the vendor's response to the City's RFP. 3. Consult with city staff to specify appropriate financial history andpayroll/personnel data for download to the Budget Preparation system and upload of final budget data to the City's mainframe. 4. Establish system data tables for funds, cost centers, position class codes, pay grades, object codes, revenues and projects. 5. customize the "Budget Preparation Application" software package to the city's account number structure and specifications to comply with section 4.0 (Performance Specifications) stated in the vendor's response to the city's RFP and customize the training materials and technical support manuals to reflect this customized design. 6. Provide one week on-site training at times and dates to be arranged for installation and training for the Budget personnel, MIS support personnel and user department personnel. 7. Provide technical support services, which include unlimited telephone support between the hours of 7 AM and 5 PM Pacific Time Monday through Friday, software upgrades, and any modifications necessary to comply with section 4.0 (Performance Specifications) stated in the vendor's response to the city's RFP for twelve consecutive months immediately following the city's acceptance of the software package. At the sole option of the City, these services may be purchased each year following the initial twelve month period at a cost of $5,250 price plus a cost of living adjustment factor less than or equal to the CPI Index up to a maximum increase of 5% per year. Vendor will offer maintenance -12- 7-lr . .._._..__...._---~-,-~-_.,.._"_._-,._~._--------~--'_.__.. ._--~-_..- services under these terms for as long as vendor provides maintenance services for the Budget Preparation Application software system. 8. Provide, install and validate communications software to provide technical support services via modem for file transfer,' software or database upgrade services, problem resolution, and to improve timeliness of support services. 9. In the event that Fletcher & Fletcher ceases its operation of business or that a petition has been filed under Chapter 7, Title 11 of the United states Code by or against Fletcher &,Fletcher in a court of competent jurisdiction, which results in an interruption in User support, city shall have the right to exercise and Fletcher & Fletcher hereby authorizes a personal, nonexclusive, non transferrable license to use one (1) copy of the most recent revision of the Source Code for city's own internal use for the maintenance of the system only. city agrees that any copy or adaptation of the Source Code may only be used for city's own internal use and that Fletcher & Fletcher, as copyright owner, will not authorize city to lease, sell, rent, license, or otherwise transfer the new copy or adaptation of the Source Code itself, unless expressly stated herein. B. Date for Commencement of Vendor Services: (x) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Modifications to the Budget Preparation software in accordance with vendor's response to the city's RFP. Due date 02/15/95. Deliverable No.2: Installation of the Budget Preparation software. Due date 02/15/95. Deliverable No.3: Training of city staff in the use of the Budget Preparation software. This will be arranged between vendor and city and should be completed no later than 08/01/95. -13- ?-/'1 ,- ----~--_.-.--_._~..._."---_._.._._----._~--_._-----"..-----,---- Deliverable No. 4: support the software for twelve months following installation and accepance by the city. Ongoing to be completed after the end of the twelve month period. D. Date for completion of all Vendor services: February I, 1996 IX. Insurance Requirements: ( ) statutory Worker's compensation Insurance ( ) Employer's Liability Insurance coverage: $1,000,000. ( ) Commercial General Liability Insurance: $50,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). ( ) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage)". ( ) Performance Bond equal to 50% of total cost of all installed systems excluding the cost of the Maintenance contract. X. Materials Required to be Supplied by city to Vendor: Data necessary to construct required databases will be furnished by City staff. Appropriate space and PC/LAN hardware will be provided during training process. XI. compensation: A. ( ) single Fixed Fee Arrangement. . For performance of all of the Defined Services by Vendor as herein required, city shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. (X) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Vendor 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. Vendor shall not commence Services under any Phase, and shall not 7'.2.ð -14- -_...__.__._--_._------~_._------------ .. ----...-. ---_._-"---_..__._---~.- - ------- ...__ _____ .·_~__._..._n ..,--- --------.---. be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Vendor as to said Phase. Phase Fee for Said Phase 1. Execution of contract. $ 17,500.00 2. City's acceptance of the installed $ 17,500.00 system. Acceptance is contingent upon proof that the installed system performs in accordance with the capabilities both stated in section 4.0 (Performance Specifications) in the vendor's response to the City's RFP and demonstrated prior to purchase by way of the demo diskette provided to the City by the vendor including all of the modifications to the "Budget Preparation Application" software as provided for in item VIII (Scope of Work) in Exhibit A of this contract. C. ( ) Hourly Rate Arrangement For performance of the Defined Services by Vendor as herein required, city shall pay Vendor for the productive hours of time spent by Vendor 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- ( ) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Vendor of time and materials in excess of said Maximum Compensation amount, Vendor agrees that Vendor will perform all of the Defined Services herein required of Vendor for $ including all Materials, and other "reimburseables" ("Maximum Compensation"). 2. ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Vendor shall have incurred time and materials equal to ("Authorization Limit"), Vendor shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Vendor from providing additional Services at Vendor's own cost and expense. -15- 7~.21 --- -"'-"'--'-"'-"'-~--~---"-"- - --- --- - _.~_...~---_._--,_._...- ..........-.-.---... . .-----.- .n'_.._._ -- Rate Schedule Category of Employee Hourly of Vendor Name Rate OWner John Fletcher $60.00 XII. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Vendor in the performance of services herein required, City shall pay Vendor 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: XIII. Contract Administrators: city: Louie Vignapiano Vendor: John W. Fletcher XIV. Liquidated Damages Rate: XV. Statement of Economic Interests, Vendor Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FpPC Filer. ( ) FPPC Filer ( ) Category No. lo Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. -16- 7'" :J.~ ^..~_.~_._._._,_.- ---_._._._----~-, ". -.--.-..- ,',. .._'..- -.- --.--.- ( ) 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 "Vendor Associates" interests in real property within 2 radial miles of Project Property, if any: - XVI. ( ) Vendor is Real Estate Broker and/or Salesman XVII. Permitted Subvendors: XVIII. Bill Processing: A. Vendor's Billing to be submitted for the following period of time: ( ) Monthly . ( ) Quarterly (X) Other: per section XI (B) B. Day of the Period for submission of Vendor's Billing: ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month -17- 7' ,;¿ y __ __.._....._.__._,,___... w __ __n___ --,---- -..---.--.--._._~------ ( ) Other: c. city's Account Number: . , -18- 7-ø2 f .M.._.......·_·...____···_ ~--_.. -------".- ---"--_... - ------...- . ... .--, COUNCIL AGENDA STATEMENT Item r Meeting Date 12/20/94 .,1?7/'/ ITEM TITLE: Resolution approving Memorandum of Understanding concerning wages and other terms and conditions of employment with the International Association of Fire Fighters Local 2180, for FY 1994-95 SUBMITTED BY: Budget Manager\A:¥ 11 REVIEWED BY: City Manager t'b -7 (4/5ths Vote: Yes_NoX) Negotiating teams representing the City and International Association of FireFighters, Local 2180,(IAFF) have reached agreement on an Memorandum of Understanding (MOU) covering FY 1994-95. The proposed MOU was ratified by the IAFF membership on December 1st and 2nd, 1994. The major changes to the terms and conditions are outlined in this report. RECOMMENDATION: That Council adopt the resolution approving the FY 1994-95 Memorandum of Understanding with IAFF. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The one-year MOU with IAFF inciudes the following major changes from the FY 1993-94 MOU: 1. 2.08 Retirement Effective September 2, 1994, the City will pay 2% of the employee's portion (presently fixed at 9%) of PERS contribution. 2. 2.06 Standbv Effective July 8, 1994, non-Suppression personnel who currently receive $85 per each full week assigned to standby duties will be compensated at $1 00 per each full week assigned to standby duties. 3. 2.18 BilinaualPav Effective July 8, 1994, those employees who have successfully completed a Bilingual Performance Evaluation, and are regularly required to use their bilingual skills in the performance of their duties, shall receive an increase from $50 per month to $100 per month in addition to their regular pay. 4. 2.085 Education Incentive Pav Effective July 8, 1994, employees represented by Local 2180 shall be entitled to education incentive pay which will provide $100 per month for an employee who has completed course work for and received an Associates degrees, subject to a biannual review. Employees who have receive a Bachelor's Degree shall receive $150 per month in education incentive pay. lr~/ -...- --,...._,-_._--- ..."._._--_.,..._-,~._--,_.,--_._-~---------_.- Page 2 5. 2.09 Holidavs Effective July 8, 1994, the four floating holidays are proposed to be changed in the following manner: Existina Proposed Lincoln's Birthday Martin Luther King's Birthday Washington's birthday President's Day Admission Day Admission Day Veterans Day Veterans Day 6. 2.10.III.F Termination of Sick Leave Balances 14850 Clause) Effective June 30, 1995, based on either an application by an employee or determination of the employer that an employee is industrially disabled, the employee shall not be entitled to use any remaining sick leave, and any such remaining sick leave balance in the employee's account shall be voided. This language is not intended to affect the employee's rights under Worker's Compensation laws, or right to Temporary Disability (including Labor Code Section 4850 benefits for safety officers). 7. 2.20 Vacancies - Promotions Clarification was added to language related to long term acting and out of class assignments to not exceed 6 months for the ranks of Fire Captain and Fire Captains acting as Battalion Chiefs. 8. Miscellaneous The proposed MOU includes several minor wording adjustments to more accurately reflect current department practices. FISCAL IMPACT: The cost of this Memorandum of Understanding is within the guidelines established by City Council. The appropriating resolution for FY 1994-95 will be forwarded to the City Council when negotiations with all employee groups are completed. Note: The proposed MOU is available In the City Council offices and is on file and available for public review in the City Clerk's office. y,.¡ _._--_.._._,.__._._~--_.~._------------~_.""-- RESOLUTION NO. J77¿/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2180, FOR FY 1994/95 WHEREAS, the Management Negotiation Team representing the city Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with Local 2180, International Association of Fire Fighters, an organization representing members of the Chula Vista Fire Department from Fire Fighter up through the rank of Fire Captain, in accordance with the provisions of section 3500 et seq. of the Government Code of the State of California; and WHEREAS, the Memorandum of Understanding jointly prepared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the Memorandum of Understanding Concerning Wages and Other Terms and Conditions of Employment with the International Association of Fire Fighters, Local 2180, for FY 1994/95, a copy of which is on file in the office of the City Clerk. Presented by ïrvel Dawn Herring, Budget Manager I~ruce M. Boog , City Attorney c:\rs\fire..ou <6<1/g-S "- -- --.-.----..-,--.-,---..-- ~ \ It... -.- ........,;::""~..;: - -- -~ -- CllY OF CHULA VISTA ('ONFTnRNTT A I. MRMOR A NnTJM December 15, 1994 TO The Honorable Mayor and City Council FROM . John D. Goss, City Manager e . SUBJECT Council Item No. 2- (12/20/94 Council Meeting) Regarding International Association of Fire Fighters Local 2180 Memorandum of Understanding Concerning Wages and Other Terms and Conditions of EmpJoyment for FY 1994-95 The fiscal impact section of the attached agenda statement does not reflect the actual cost of the package since it would not be appropriate to share this information publicly while other labor negotiations are stiJI in progress. For your information, the total net cost to the City for FY 94/95 will be $115,506, which is within the guidelines established by the City Council in closed session. The major cost saving aspect of the agreement, the termination of sick leave balances (4850 clause) does not become effective until June 30, 1995, so the anticipated average annual savings of $30;000 is not included in the FY 94-95 cost. The ongoing annualized cost of the package for FY 95/96 will be $129,060. 8:\CDH94)\1AFf ,MOU <;?-f' -_._--_....~-_._.,"---.,-,_..._-- - ------ -- --. -'-'------ "..-.-- -~.--.--.-"-..--- · ~ {f.t.. ~ .:.- =- ~~ - - - - ~~~~ CllY OF CHUlA VISTA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180 INTERNA TIONAL ASSOCIATION OF FIRE FIGHTERS AFL - CIO FY 1994ð-954 <6-& ~~--~----"- - MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-ClO, FISCAL YEAR 199~;-92.4 1.01 PREAMBLE 1.02 RECOGNITION 1.03 CITY RIGHTS 1.04 LOCAL 2180 RIGHTS 1.05 EMPLOYEE RIGHTS 2.01 WAGES 2.02 UNIFORMS 2.03 MILEAGE REIMBURSEMENT 2.04 WORK PERIODIDUTY CYCLE 2.05 OVERTIME 2.06 STANDBY 2.07 HEALTH AND WELFARE 2.08 RETIREMENT 2.085 EDUCATION INCENTIVE PAY 2.09 HOLIDAYS 2.10 VACATION AND SICK LEAVE 2.11 LEAVE OF ABSENCE 2.12 MILITARY LEAVE 2.13 JURY DUTY AND COURT LEAVE 2.14 LIMITED DUTY TIME 2.15 LIMITED DUTY DAYS 2.16 SHIFT EXCHANGE 2.17 OUT OF CLASSIF!CA TlON ASSIGNMENT 2.18 BILINGUAL PAY 2.19 DIFFERENTIAL PAY 2.20 VACANCIES - PROMOTIONS 2.21 LAYOFF 2.22 EQUIPMENT RESPONSIBiLiTY AND PROPERTY REPLACEMENT 2.23 DEFERRED COMPENSATION 2.24 VOLUNTARY TIME OFF POLiCY 3.01 PROHIBITED PRACTICES 3.02 MINIMUM STAFFING LEVELS 3.03 STATION MAINTENANCE AND REPAIR Hi '.'OLUÞIT.^.RY Pf.RTICIP/\ TION IN NON TRADlTIONf.L FUÞlCTIONS 3.05 DRIVING ELIGIBILITY POLiCY 3.06 PHYSICAL FITNESS ASSESSMENT AND PHYSICAL ABILITY TESTING 3.07 SUBSTANCE ABUSE POLICY 3.08 GRIEVANCE PROCEDURE 3.09 GENERAL PROVISIONS 4.01 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING 4.02 SAVINGS CLAUSE , ?-7 - -----_.~.- ~ .,...__._--_.._--------~'--'-- 1.01 PREAMBLE This Memorandum of Understanding (MOU) is entered into by the City of Chula Vista, hereinafter referred to as "City," and the International Association of Fire Fighters, hereinafter referred to as "Local 2180," as a result of meeting and confening in good faith concerning the wages, hours and other terms and conditions of employment, pursuant to the Employer-Employee Relations Policy of the City ofChula Vista and to the California Government Code Section 3500 et. seq. known as the Meyers-Milias-Brown Act. Local 2180 agrees to recommend ratification oftlûs MOU to its membership. Upon Local 2180's ratification, the MOD will be jointly recommended to the City Council for Council ratification. 1.02 RECOGNITION The City recognizes Local 2180 as the certified representative for safety employees in the City of Chula Vista who are employed in the classifications of Fire Fighter, Fire Engineer and Fire Captain, hereinafter referred to as "represented employees" or "employees." 1.03 CITY RIGHTS Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters oflegislative or managerial policy. The exclusive rights of the City shall include, but not be limited to, the right to: Establish, plan for, and direct the work force toward the organizational goals of the City Government. Determine the organization, and the merits, necessity and level of activity or service provided to the public. Determine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the lûring, promotion, transfer, assignment, layoff, retention, and classification of positions in accordance with the City Charter, Civil Service Rules, and established personnel practices. Discipline or discharge employees. Determine the methods, means, numbers and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. Effect a reduction in authorized positions. Take actions necessary to carry out the mission of the City in emergencies and in other ~ituations of unusual or temporary circumstances. IAFFMOUFY 9~~9~4(Rev. December IS, 1994) ?r~~ Page 1 - - ---_._...,._."-_.._---_.._.._---.__._,.__.__.._-~-_._~-~--- Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City ordinances. In exercising these rights the City shall comply with all applicable provisions of this agreement. The establishment or exercise of City rights shall not be subject to meeting and conferring; provided, however, Local 2180 shall not be precluded from meeting and conferring with representatives of the City when the consequences of decisions on matters of City rights directly affect wages, hours, and other tenns and conditions of employment. 1.04 LOCAL 2180 RIGHTS I. Authorized representatives of Local 2180 shall be allowed reasonable access to represented . employees at their work locations during working hours for the purpose of consulting with employees regarding the employer-employee relationship, provided that: (1) the work operation and service to the public are not unduly impaired, and (2) the authorized representatives shall have given advance notice to the Fire Chief or his/her designated representative when contacting represented employees during the duty period of the employees The Fire Chief or his/her designee shall detennine the appropriate time for such access. II. Local 2180 officers and members of its Board shall be granted use of City facilities for meetings composed of such officers or Board members, provided space can be made available without interfering with the City needs, and provided such meetings are conducted at no cost to the City. III. Up to four (4) representatives of Local 2180 will be authorized to utilize on-duty time as necessary to participate in negotiating meetings mutually scheduled by the City and Local 2180. IV. A reasonable amount of space shall continue to be provided to Local 2180 on City bulletin boards for legitimate communications with represented employees. V. The City will continue to provide biweekly payroll dues deductions as authorized by unit employees to Local 2180, and Local 2180 will pay the City 10¢ per member per pay period for the actual costs incurred for dues deduction on bèhalfofI.A.F.F. The City will remit the deductions to Local 2180 in a timely manner and will provide Local 2180 a biweekly computer print-out of its members' dues deductions. The unit will be charged actual costs of printing all final MOV's requested and provided to the unit membership. lAFFMOUFY 9!;·9,i4(Rev. December 15. 1994) 7~( Page 2 --- ~----_..~-_...- -----~~-~_.._------ VI. The City shall provide distribution of the following official documents to the President of Local 2180: One copy each of: Agendas and Minutes of all City Council meetings, Civil Service Commission meetings, open Council Conferences, and Safety Committee meetings; the Preliminary City Operating Budget; the Final City Operating Budget; the Capital Improvement Program (CIP) Budget; and the Salary Schedule. 1.05 EMPLOYEE RIGHTS I. Employees of the City shall have the right to: A. Fonn, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation in matters of employer-employee relations. B. Refuse to join or participate in the activities of employee organizations. C. Represent themselves individually in their employee relation's with the City. II. Employee Personnel Records: A. Represented employees shall be entitled to see the contents of their personnel records. Availability of these records to the employee will be subject to the normal business hours affecting the position or office which has routine custody of these records. B. In Civil Service promotional oral boards used in establishing certification lists for Fire Engineer or Fire Captain, the City agrees not to use documents from employee jackets or other personnel records if such documents or records are more than three years old (unless they are presented by the candidate). III. Representation by Local: Represented employees required to meet with any supervisor(s) in which the purpose or part of the purpose is to discipline the employee, or to discuss the likelihood of future disciplinary action, shall have the right to have a shop steward in attendance if any written record of the discussion will be made by the supervisor(s) or other management personnel. Such meeting shall be preceded by at least 24-hour notification of the time and purpose of the meeting to the employee, provided employees may waive any advance notification if they so choose. A shop steward would not be permitted in meetings for Performance Reports (except ones with an overall rating of Unsatisfactory), reviews or selections or promotion interviews. lAFF MOU FY 9!;"9.l4 (Rev. December 15. 1994) ~>/{) Page 3 , " . ' c' V ___mo..m._.' _ m.'·___..______._______._._____ 2,01 WAGES I. SaJary Increases - Base wages (i.e. the salaries for Steps I-E) during the term of this agreement will not be increased or decreased. II. Merit (Step) Increases - Each employee shaJl nonnally be required to complete the following specified number of months of continuous paid service at each step of the salary schedule prior to advancing to the next step of the schedule. Step increases may be delayed by the Fire Chief in cases of sub-standard perfonnance. Only permanent status employees may appeal that decision through the Civil Service Commission. In cases of exceptional perfoll11ance, an e~ployee may be granted an early step increase or double step increase based on the recommendation by the Fire Chief and the approval of the Director of Personnel, City Manager, and Civil Service Commission. Exceptional merit increase recommendations may be initiated by the employee's immediate supervisor. The effective date of exceptional merit increases shall be the beginning of the pay period following approval. Months of service nonnally required for each step shall be: Months Steo 6 months In I 6 months In 2 6 months In A 6 months In B 12 months In C 12 months In D Thereafter In E The classification of Fire Fighter shall be subject to a seven (7) step salary range. Step" 1" shall be 10% less than "A" Step and Step "2" shall be 5% less than "A" Step. The nonnal hire rate shall be Step" I" provided, however, that an exceptionally well-qualified candidate may be hired within the established range based upon the recommendation of the appointing authority and approval by the City Manager. New employees with a minimum of one year of full-time paid firefighter experience or an AAfAS (or higher) degree in Fire Science shall be hired at Step A or higher. Ill. Effective Dates - All other payroll and wage changes, such as regular merit increases, shall be made effective at the beginning of the regular biweekly payroll period closest to the employee's actual qualifying date. IV. Distribution of Paychecks - Paychecks shall be distributed only on regular biweekly paydays. However, in an emergency, employees may receive their check on a day other than a regular payday if a memo is directed £Tom the Department Head to the Finance Officer justifying the request. V. Vacation Pay In Advance - All classifications represented by IAFF may receive in advance a maximum of two weeks earned vacation pay. Vacation pay in advance will be made on a regular lAFF MOU FY 9±;>-92.4 (Rev. December 15, 1994) ?5/Jj Page 4 ,,~ -- --"- --.......-.-....-- ._--._._.._---_...-._~.--~~._----~~~- payday if the employee notifies the Finance Department at least three working days prior to the payday on which payment is desired. VI. Rate of Pay Following Promotion - When a represented employee is promoted, the new rate of pay win be the lowest step in the new salary range which will result in the employee receiving at least 5% more than the actual rate in the old classification. 2.02 UNIFORMS I. The City shall during the term of this memorandum provide new unit employees with the following initial issue of new OSHA approved clothing: three pairs of pants, one coverall, one brush jacket, one pair of brush pants, two pairs of boots, and turn-out gear. II. If said protective clothing, as defined in I above, is damaged, destroyed, or worn out in the line of duty, said clothing shall be replaced or repaired at the City's expense. It is the intent of this section to allow discretionary final authority to the Fire Chief to determine whether protective clothing so damaged shall be replaced or repaired. III. The City will furnish, repair, or replace, as determined by the Fire Chief, any required regulation uniforms (except shirts) for represented Fire Prevention and Training personnel. IV. All represented employees shall receive $200 per calendar year for the cleaning and maintenance of uniforms. Payment will be made the first payday following November I annually, and will be prorated for individuals not employed for the entire calendar year. 2.03 MILEAGE REIMBURSEMENT I. Employees in this unit shall be subject to the City's mileage reimbursement program when required to use their private automobiles for authorized City business: 26¢ per mile first 200 miles each month 24¢ per mile next 300 miles each month 22¢ oer mile over 500 miles each month II. Employees shall be eligible for mileage reimbursement at the above rate for the use of their private vehicles to travel trom one work station to another work station when such travel results trom a reassignment of work stations after reaching his/her normally assigned work site. III. For employees on Worker's Compensation, required travel to and from the examining doctor's office shall be paid by the City in accordance with California Labor Code, Chapter 2, Article II, Section 4600. 2.04 WORK PERIODIDUTY CYCLE IAFF MOU FY9!~92.4 (Rev. December 15. 1994) ~»2 Page 5 ....-."....-..-, - - - -------.---....------.-- 1. Fire Suppression - Members of represented classifications assigned to this division shall work on a 56-hour week, three platoon basis. The duty schedule shall include eight (8) 24-hour shifts (totaling 192 hours) in a twenty-four (24) day duty cycle. Each 24-hour shift will begin and end at 7:30 a.m. The City has enacted the 7K exemption for Fire Suppression personnel as permitted under the Fair Labor Standards Act. This includes a 24-day work period which coincides with the 24-day duty cycle described in the previous paragraph. II. Fire PreventionlTraining - Members of represented classifications assigned to these divisions shall work 40 hours per week. The work period (week) for non-Suppression personnel is a fixed and regular recurring period of 168 consecutive hours (7 consecutive 24-hour periods). The work week for non-Suppression personnel begins at 12:01 a.m. on Friday morning and ends at 12:01 a.m. the following Friday morning. 2.05 OVERTIME I. Whenever employees are ordered, because of an emergency or in the interest of the efficiency of the department, to render overtime service as defined below, they shall be granted overtime pay at the rate of 1-1/2 times their Fair Labor Standards Act (FLSA) "regular rate," or compensatory time off at 1-1/2 times the overtime hours worked (subject to the Compensatory Time provisions in Section II below). A. Fire Suppression personnel will receive overtime payor compensatory time off at time and 1/2 for hours worked in excess of 182 hours in a 24-day work period. Authorized paid time off (e.g. vacation, compensatory time, and sick leave) will be counted as time worked for purposes of calculating overtime, except for the last 10 hours of the first 24 hours of paid time offin a 24-day work period. Effective OctoBer 20, 1993, i If authorized compensatory time offis the onJy type of paid time off a Fire Suppression employee takes in a 24-day work period, the compensatory time off will all be counted as time worked for purposes of calculating overtime in that work period. For Fire Suppression personnel, payment for overtime earned in a given 24-day work period will be made no later than with the pay warrant covering the biweekly pay period during which the work period ended. B. Non-Suppression personnel will receive overtime payor compensatory time off at time and 1/2 for hours worked in excess of 40 hours in a 7-day work period. Authorized paid time off (e.g. vacation, compensatory time, and sick leave) will be counted as time worked for purposes of calculating overtime for non-Suppression personnel. For non-Suppression personnel, payment for overtime shall be made with the pay warrant covering the pay period wherein the overtime was earned. II. Compensatory Time - Compensation for overtime with compensatory time in lieu of overtime pay will be at the option of the supervisor and the department head, based on the employee's request while recognizing the overall staffing requirements of the depa,1ment. Approval of such requests shall not IAFF MOU FY 9~;"9~4 (Rev. December 15. ) 994) ~//J Page 6 ._._.~---~~_.__..._---_._-------~ be unreasonably withheld. A record of compensatory time earned and utilized shall be maintained on the biweekly pay records. Utilization of compensatory time will be subject to the same procedures as vacation leave requests except that requests for vacation leave will have priority over requests for compensatory leave. Employees shall be paid for any accumulated compensatory time unused as of June 30 of each fiscal year. Payment will be made during the month of July of each year, and will be computed based on the employee's base salary rate on June 15. UI. Emergency Holdovers - Employees who are held over more than fifteen minutes beyond the scheduled termination of their work shift due to fire or other emergency call, shall be paid on a time and 1/2 basis after fifteen minutes to the nearest half hour for all such time worked. "Time worked" shall include officer's preparation of incident reports and such personal or equipment clean-up as is necessary and required by the Fire Chief IV. Non-Emergency Holdovers - Employees required to remain on duty more than fifteen minutes beyond the scheduled termination of their shift for other than emergency calls shall be paid on a time and 1/2 basis after fifteen minutes to the nearest half hour for all such time worked. "Time worked" shall include such personal or equipment clean-up as is necessary and required by the Fire Chief, up to a maximum 000 minutes of clean-up time. V. Callbacks - Employees who are called back to work before the scheduled start of their next regular shift, after having left their work site or at the conclusion of their prior scheduled shift, shall be paid for the actual overtime worked to the nearest half hour, with 2 hours being the minimum amount paid. The 2-hour minimum shall not, however, apply under any of the following situations: (1) The employee is held over beyond the scheduled termination of his/h'er work shift (see Sections III and IV above). (2) The employee returns to work within 2 hours of the start of his/her next regular shift. The amount of overtime worked shall not include travel time from the employee's home (or other non-work location where he/she was notified of the callback) to the employee's work station or incident scene, whichever location the employee is required to report to first. Similarly, overtime shall not include travel time after the employee leaves his/her work station or incident scene, whichever location the employee reports to last. Except for emergencies, the order of callback for 24-hour shifts shall be as follows: (1) Callback shall be on a rotational basis by use of a chart maintained in the Shift Commander's Office. (2) Telephone and/or notification of callback can be made anytime, but if the top rotation individual cannot be reached, callback must be made by the Shift Commander or hislher designee between 0630 and 0730 on the day of need. (3) The company Captain affected will designate someone on duty to be held over until arrival of the persons called back. IAFF MOD FY 99-924 (Rev. December 15. 1994) 'ir~J1 Page 7 . - --_._....~_._--,"."~" (4) All overtime worked as callback shall be entered on the chart maintained by the Shift Commander, as well as a record of "no answers," "refusals," etc. (5) Any represented employee giving advance notice to the Shift Commander of hislher unavailability for callback duty for a specific period of time shall not lose his/her position on the callback chart. (6) Failure to respond to callback by reason of an industrial disability injury shall not affect callback eligibility, provided however the employee shall not be eligible for callback until he/she has a full release to return to regular duty. Employees shall accrue no more than 2 callback slots during a disability absence from regular duty. (7) More detailed procedures regarding the order of callback for 24-hour shifts will be provided in a departmental General Order. Changes to these detailed procedures regarding the order of callback for 24-hour shifts will be subject to meeting and conferring with Local 2180. 2.06 STANDBY I. Definition - Standby duty is defined as that period of time assigned by the Battalion Chief or Fire Marshal in addition to the employee's normal work week assignment, during which said employee must remain at all times where he/she can be contacted by telephone or beeper, ready for callback to perform an essential service. II. Application in Suppression - In addition to his/her regular salary, Suppression personnel shall be compensated with an additional $16 per each full 24-hour shift assigned to standby duties. If a Suppression employee works less than a full shift of standby, he/she shall be compensated $0.66 per hour assigned to standby duties. III. Application in Non-Suppression - In addition to his/her regular salary, non-Suppression personnel shall be compensated with an additional $&) I 00 per each full week assigned to standby duties. Since the normal work week of non-Suppression personnel is 40 hours and since standby duty is defined as being in addition to an employee's normal work week assignment, a full week of standby duty would be 128 hours of standby duty. If a non-Suppression employee works less than a full week of standby, he/she shall be compensated $0.éé78 per hour assigned to standby duties. IV. Any callbacks that occur while an employee is on standby duty shall not reduce the amount of standby pay the employee would have earned had there not been a callback. Any overtime or callback pay shall thus be in addition to the standby pay. In terms ofFLSA, the parties agree that standby time shall not be counted as hours worked. 2.07 HEALTH AND WELFARE . I. HospitallMedical Care Benefits A. Each represented employee must select one of the health insurance plans offered by the City for the employee's own health protection. This minimum category of coverage is known as "Employee" coverage. A represented employee may select coverage for his/her qualified "....-/ JAFF MOUFY 99-9~4(Rev. December 15. 1994) ~//7 Page 8 - .-.,-----_._.._..__._._----~---~~--_.. dependents from one of the City's health insurance plans under one of two categories of optional coverage: "Employee plus One" or "Employee plus Family" coverage. A represented employee who is married to another City employee may elect to obtain hislher City health insuranc;e coverage as a dependent under the spouse's primary health insurance plan. B. During FY 199;J1-94l, the City will pay up to the following monthly amounts for health insurance for employees and qualified dependents: $115.93 fur Em¡¡lo)'ee Only $291.87 fur Em¡¡loyee ¡¡Ius ORe $113.11 for Em¡¡lo)·ee ¡¡Ius Family COlltillgeRt aR LaeaJ 2180 ratil)'iRg this MOD OR or Befere Se¡¡temBer 15, 1993, tlie City '.vill iRerease tlie above maJ¡Ìmum City eORtriButioRs to the followillg mOAthl)' amoüAts startillg iA JaAuary 1991: $157.00 for Employee Only $308.00 for Employee plus One $432.00 for Employee plus Family The City agrees to provide the Kaiser 4253-02 Health Plan (or an equivalent health maintenance organization plan) to employees and qualified dependents. The City will pay up to the above monthly amounts (for the applicable category of coverage) towards the Kaiser Health Plan cost or towards the cost of any alternative health plans provided by the City (currently the Health Net E.P.O, Health Net HMO, and Health Net Flex Net plans). Any difference between the above maximum City contribution (for the applicable category of coverage) and the actual cost of the health plan selected by the employee shall be paid by the affected employee through payroll deductions (see Section VI.) and/or the Flexible Benefit Plan (see Section II.). If a represented employee selects a City health insurance plan costing less than the above maximum City contribution (for the applicable category of coverage), the employee may apply the difference toward the cost of a group dental and/or vision plan arranged by the City. (See Section 2.11 regarding payment for health and life insurance during an unpaid Leave of Absence of more than one month.) II. Flexible Benefit Plan A. Description of Program - Employees in represented classifications shall receive the following dollar amounts for the time periods indicated, to be used for approved employee benefits: IAFF MOUFY 9±;'924 (Rev. December 15, 1994) 0--/ ? Page 9 -- ..._._-----~-- Flex Plan Amount Effective Date $-JOO JIoIly 1993 JI!Ae 1991 ~. Jamtary 1991 JI!Ae 1991 $ 350' Total FY 1993 91 FY 1994- 95 '"1118 $59 ¡HerBase it=!. ~he FleJ: Plan iR JantlBF)' 1991 is eSRtiRgent 8ft Leeal :11 gO ralil) iRg this Þ-10U 8ft ar aereTe SefJtel11ser 15, 1991. B. Administration of Program 1. If the actual cost of the premiums for an employee's health insurance coverage (including any optional dependent health insurance coverage selected by the employee) is in excess of the City's contribution under the terms of Section 2.07 I., the difference will be paid from the employee's Flexible Benefit Plan up to the amounts listed in Section II.A. above. An employee may spend any balance remaining in his/her Flexible Benefit Plan (after any deductions for health insurance premiums) for the optional Flex Plan selections described in Section II.C. below. Any Flex Plan balances not spent by the end ofa fiscal year will revert to the City. 2. Reimbursements for optional Flex Plan selections shall be for a minimum of $50 except ITom May 15 to June 30 of the fiscal year, when no minimum will be required for reimbursements (see #3. below regarding other limitations from June 15 through June 30). Flex Plan reimbursements will generally be processed by the City on a biweekly basis. 3. From June 15 through June 30 of the fiscal year, requests for Flex Plan reimbursements will be approved for "emergency" expenses only. An emergency is defined as an unforeseen occurrence or combination of circumstances which necessitated immediate action. Requests for reimbursements for purchases made by employees after June 15 for those items and services rendered which are not of a routine nature, will be reviewed on an individual basis by the Personnel Department to determine if an emergency existed. Upon approval of emergency requests, - reimbursements will be granted. Examples: a. Emergency medical expenses not covered by insurance for an illness that requires the services of a doctor, clinic, or hospital including auxiliary services (emergency transportation, lab tests, prescriptions and so forth) will be covered. lAFF MOU FY 9±;+-92.4 (Rev, December 15.1994) g-~ /7 Page 10 __ ____d_...___._·.._~__..,,_._ -----...-. ..--.---....--....--."--- .--.-.-.-... .-.----..... ---~.__...__.._~------,-_..-----~~_.._._-_.._"._--,.._..-- b. Emergency Vision Expenses-Repair of broken eyeglasses or replacement of lost contact lenses will be approved. (Not: routine eye exam, spare glasses, etc.). c. Emergency Dental Expenses-Reimbursements for expenses associated with toothaches, broken teeth, impacted wisdom teeth, root canals, etc. will be covered. (Not: routine dental work performed as a result of an examination made after June I.) d. Non-medical items considered routine and not covered include: conference expenses, books, memberships, subscriptions, extra insurance (except authorized payroll deductions). 4. Employees who are on an unpaid Leave of Absence for more than one month, including suspension for disciplinary reasons, may not utilize their Flex Plan benefits during the absence. If an employee is on a Leave of Absence as a result of being ill or disabled, however, the Flex Plan may be used for health and life insurance premiums. 5. Employees may not utilize their Flex Plan benefits to pre-pay retiree or continuation health/dental insurance premiums for periods after retirement or other type of separation. IAFF MOU FY 9±;>-924 (Rev. December 15, 1994) y//~ Page 11 --.-,.,.-- .-.--..-....--..-. ._...~-_..,--_._~._-_.._.._--~.._._--_.~,- u.__ ~..._. -.---. -_.._...__._---~-_..~--~- C. Optional Selections under Flexible Benefit Plan An employee may spend any balance remaining in his/her Flex Plan (after any deductions for health insurance premiums as described in Section II.B. above) on any of the following optional selections. \. Other City Group Insurance Premiums In accordance with IRS Section 106, the Flex Plan may be used to pay the premiums for group health and welfare plans only if such plans are sponsored by the City. a. Supplemental Group Life Insurance Employees may apply for and purchase through the Flex Plan up to the maximum amount of non-taxable group life insurance allowed by Section 79 of the Internal Revenue Code (currently $40,000) in addition to the $10,000 group life insurance provided by the City (see Section III. below). b. Group Dental Insurance Employees (and qualified dependents) participating in a group dental plan arranged by the City may pay the premiums through the Flex Plan. c. Group Vision Care Ifa group vision care plan is offered by the City, participating employees may pay the premiums through the Flex Plan. d. Group Psychological Health Plan If a group psychological health plan is offered by the City, participating . employees may pay the premiums through the Flex Plan. 2. Reimbursable Programs A represented employee may elect to receive reimbursement through the Flex Plan for the following types of expenditures. The descriptions below are general in nature. Specific rules for allowable reimbursements will be based on applicable Internal Revenue Code sections or City administrative policies. IAFF MOU FY 91;>-924 (Rev. December 15. 1994) ;t// I Page 12 ~_._.- . ---..-.--.-..-.----- a. Vision, Dental and Medical Expenses An employee may apply any remaining Flex Plan balances to out-of-pocket vision, dental and medical costs on a reimbursement basis. Employees remain free to be attended by the professional personnel or pharmacy of their own choosing. b. Educational Assistance Employees may elect to receive reimbursement for expenses incurred for education directly related to career development. Allowable expenses include tuition, fees, and similar payments, books, supplies, and equipment. Books purchased through the Flexible Benefit Plan belong to the City and are to be returned upon completion of the course or upon termination of employment, whichever is later. Expenses not allowed for reimbursement include tools or supplies which are retained by an employee after completion of a course of instruction, meals, or lodging. Employees must obtain approval of the department head and the Director of Personnel prior to enrollment in the desired course. To be reimbursable under this section, educational assistance must be considered non-taxable in accordance with State and Federal laws. To receive funds in advance, employees must complete and sign the Flexible Benefit Plan Fonn available in the Personnel Department and have it approved by their Department Head and Training Committee. Upon completion of a course of instruction, employees must submit evidence of å C grade or better, or advance funds must be returned immediately. c. Physical Exam Employees may elect to receive reimbursement for the cost of a voluntary physical exam from the physician of their choice. d. Miscellaneous Health Plan Costs Employees may be reimbursed for deductible and out-of-pocket health plan costs. e. Dependent Care Employees may receive reimbursement for dependent care expenses incurred in order to allow the employee to work for the City. Dependent care reimbursement from the Flexible Benefit Plan, alone or in combination with a Dependent Care F.S.A. cannot exceed $5,000 per calendar year (refer to Section 2.07 V. B). f Supplemental Health Insurance lAFF MOU FY 9~J-9~4 (Rev. December 15, 1994) 2r - ~O Page I3 __ ___...__....~__·__n..M.._m_.__"'_. M_._... --~----- ---_._,~--._---~..~_.,--------_...~~------ Employees may receive reimbursement for the costs of any City sponsored health insurance plans which supplement the existing City-offered health plans. Examples of such insurance may include cancer insurance or intensive care msurance. 3. Deferred Compensation An employee will be eligible to deposit a maximum of 20% of the beginning Flex Plan balance into the deferred compensation plan at the end of a fiscal year if the employee has matched the deposit with a like contribution from his/her paycheck during the fiscal year. The allowability of this provision is conditioned on approval by the IRS. Employees are responsible for completing the appropriate forms to make Flex Plan deposits to deferred compensation. III. Life Insurance - The City agrees to contribute the amount necessary to provide each employee with $10,000 group tenn life insurance. Represented employees may apply for and purchase from $30,000 to $300,000 of supplemental group term life insurance in $10,000 increments through the City's group insurance plan, with said employees paying the additional cost through payroll deductions and/or the Flexible Benefit Plan (see Section H.C. above). (See Section 2.11 regarding payment for health and life insurance during an unpaid Leave of Absence of more than one month.) IV. Dental Plan - Employees will be eligible to participate in the group dental plans arranged by the City. Employees choosing to participate in a dental plan will do so at their own expense, subject to the provisions of Sections I and II.C. above. (See Section VI. below regarding dental payroll deductions being treated pre-tax.) V. Flexible Spending Accounts for Health Care and Dependent Care Two Flexible Spending Accounts (FSA's), under Sections 125, 105, 129 and 213 of the Internal Revenue Code, will be offered to all represented employees. Employees may elect to budget (through salary reduction) part of their wages for certain health care and dependent care reimbursements on a ore-tax basis. If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit may be discontinued. A. Health and Welfare FSA Before the start of the FSA plan year (January I to December 31), represented employees may elect to reduce their salary up to $2,500 to pay for eligible health and welfare expenses. Salary reductions will accrue bi-weekly during the plan year and reimbursements will be made on a schedule to be detennined by the City. Health and welfare expenses must qualify under IRS regulations. This is a reimbursement program. Participating employees must submit documentation of payment on the appropriate forms to receive reimbutsement. Salary reductions not spent by the end of the plan year, by law, are forfeited to the City. B. Dependent Care FSA lAFF MOU FY 91~-9),4 (Rev. December 15. 1994) 'i{rJ-J Page 14 Before the start of the FSA plan year (Janual)' ] to December 3]) represented employees may elect to reduce their salal)' up to $5,000 to pay for eligible dependent care. In no event can dependent care pre-tax dollars, whether reimbursed through an FSA, the City Flexible Benefit Plan or a combination of both, exceed $5,000 per calendar year (refer to Section 2.07 II. C. 2. e). Salal)' reductions will accrue bi-weekly during the plan year and reimbursements will be made on a schedule to be determined by the City. Dependent care must qualifÿ under all pertinent IRS regulations. This is a reimbursement program. Participating employees must submit documentation of payment and other information related to dependent care arrangements to receive reimbursement. Salal)' reductions not spent by the end of the plan year, by law, are forfeited to the City. C. FSA Administration The City reserves the right to contract with a Third Party Administrator for administration of both FSA's. The City will pay the start-up costs associated with third party administration. Participating employees will pay monthly, per employee, or per transaction administration fees, if any. VI. Health and Dental Payroll Deductions Treated as Pre-Tax Under Sections 125, 105 and 213 of the Internal Revenue Code, the City will treat all payroll deductions for health and dental care on a pre-tax basis, unless an affected employee requests that such deductions be treated as taxable income and taxed. If the City does not meet IRS regulations or ifthe IRS regulations change for any reason, this benefit may be discontinued. It is the intent of the parties that participating employees receive the maximum benefit allowable in accordance with IRS regulations, at no expense to the City. VII. Medical Premium Retirement Benefit Plan The City will offer a medical premium retirement benefit plan, under Section 457(f) of the Internal Revenue Code, to all represented employees through the JPEBA, Joint Powers Employee Benefit Authority (or an equivalent plan). This program will provide employees the option of making unlimited pre-tax contributions from their wages to pre-fund post-retirement health insurance premium costs for themselves and their dependents. Since IRC Section 457(f) requires restrictions on the program that can result in forfeiture of the contributions to the City for specified reasons, employees are advised to carefully review the information that will be provided on the program prior to deciding whether or when to participate. The City will pay the start-up costs associated with third party administration. Participating employees will pay the participant costs (currently $24 per year). If the City does not meet IRS regulations or if the IRS regulations change for any reason, this benefit may be discontinued. 2.08 RETIREMENT I. The City will provide the 2% at 50 retirement plan (Section 21252.0 I) for public safety employees as provided for under the Public Employees' Retirement System (PERS). The City will provide the following PERS options": lAFF MOU FY 9±~9~4 (Rev. December 15. 1994) 7/ ~:J- Page 15 -~_._.- --...., " ---_.~---~~_._----_.-. (1) CREDIT FOR UNUSED SICK LEAVE (Section 20862.8) (2) POST -RETIREMENT SURVIVOR ALLOWANCE (Sections 21263,21263. I and 21263.3) (3) 1959 SURVIVOR PROGRAM (Sections 21380 - 7 including THIRD LEVEL OF 1959 SURVIVOR BENEFITS in 21382.4) (4) ONE-YEAR FINAL COMPENSATION (Section 20024.2) *Note: PERCENTAGE COST OF LIVING (Section 21224) and $500 RETIRED DEATH BENEFIT (Section 21367.51) are now part of the basic PERS retirement plan. They are, therefore, not included in the above list of PERS optional benefits provided by the City, but will nonetheless continue to be provided as part of the basic PERS plan. II. The PERS 1959 Survivor Benefit employee premium cost of $2.00 per month will be paid by the City. III. CaRtiRgeRt aR Lacal 2 I &0 ratifyiAg this MOU OA or before Se¡¡tember 15, 1993, t Ihe City agrees to provide represented employees with the option of purchasing MILITARY SERVICE CREDIT AS PUBLIC SERVICE under PERS Section 20930.3. As provided in Section 20930.3, eligible employees who decide to exercise the option to purchase up to four years of prior military service credit would pay the amount calculated by PERS for both the employer's and the employee's contribution. If the $o"e cOAtiAgeAcy is met, the City will ¡¡ro"ièe this PERS e¡¡tioA befare the eAå afthe term afthis MOU. IV. AI; long as it has the clear legal authority to do so, the City agrees to continue Section 414(h)(2) of the Internal Revenue Code relative to employee retirement contributions, which permits employee PERS contributions to be treated as deferred compensation. V. In addition to the City's oayment of the employer's portion ofPERS contribution. the Citv agrees to pav the first 2 percentage points of the basis on which the employee's portion (oresently fixed at 9%) ofPERS contribution is calculated effective September 2. 1994. 2.085 EDUCATION INCENTIVE PAY .l Employees represented by LocaJ 2180 shall be entitled to education incentive pay as detailed below: A. Upon verification that a represented employee has completed course work for and received an AI;sociates degree. the employee shall receive $100 per month in education incentive pay. B. Upon verification that a represented emplovee has completed course work for and received a Bachelors de~ree. the emplovee shall receive $150 per month in education incentive pay. IAFF MOU FY 9~~9.í4 (Rev. December 15, 1994) 2',;2 J Page 16 -.. - "--"._".._._---~ C. Continued receipt of education incentive pay for an Associates degree shall be conti gent upon ongoing completion of approved coursework subiect to a biannual review bv the Fire Chief Continuing education criteria to be further defined by the Fire Deoartment's Education and Training Committee within 60 days of ratification of the MOU. 2.09 HOLIDAYS I. Scheduled Holidays A. Employees assigned to the Fire Suppression Division will receive one hundred ten (110) hours holiday pay at straight time ( 10 hours for each of the II holidays described below) each fiscal year. Payment will be made the first payday following November 1 annually and will be calculated based on the hourly rate the employee is being paid on that payday. Pro-rated adjustments will be made for employees of represented classifications entering or leaving the Fire Suppression Division of the Department. B. Employees assigned to divisions other than Fire Suppression shall accrue 8 hours of holiday time for each of four (4) floating holidays and seven (7) hard holidays. Compensation will be administered as designated in the Civil Service Rules, Chapter 2.00, Section 2.01 (D). (Hard holidays are: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving, and Christmas Day; floating holidays are: Martin Luther King's Birthday. LiRcolA's Birthday, WashiAgtoR's Birthday, President's Dav. Admission Day, and Veterans Day.) Any employees assigned to divisions other than Fire Suppression who have been allowed to work a 4-10 work week (four ten-hour days) may, at the employee's option, revert to a 5-8 work week (five eight-hour days) during work weeks (Friday through Thursday as defined in Section 2.04 II) that contain hard holidays. II. Unscheduled Holidays Members of the Fire Department from Fire Fighter up through the rank of Fire Captain shall work unscheduled holidays (i.e., special holidays declared by the President or Governor) at their regular hourly rate of pay. If employees have that day off, they will not receive extra compensation for the unscheduled holiday. 2.10 V ACA TION AND SICK LEAVE I. Definition - for the purpose of this section the following definitions shall apply: A. "Continuous service" means City service uninterrupted by separation. B. "Intermittent service" means City service interrupted by separation. IAFFMOUFY 9Ø-9~4(Rev. December 15, 1994) 'ð/J..1 Page 17 ----- -- "-- .... -.--. .._.___.._.._...____,._ _.0·... -- -------.-.-.---.- ----. C. "Time worked" includes actual time worked, holidays with pay, and leave of absence without pay (not to exceed one year) for which worker's compensation is paid. It shall also include Saturdays, Sundays or other regular days off which are immediately preceded or immediately followed by other time worked D. "Active service" includes time worked, leave of absence without pay not to exceed 14 calendar days and leave of absence not to exceed one (I) year for which workers' compensation is paid. II. VACATION A. Vacation Accrual - Continuous Service: Each employee paid at a biweekly rate who has had continuous full-time active service shall be entitled to vacation with pay. The following provisions shall apply: 1. The vacation accrual rates shall be as follows: Employees assigned to Fire Suppression will accrue and be eligible to receive 112 hours annually, (cumulative to a maximum total leave balance of224 hours) during the first through fourth year of service. This benefit will be accumulated at the rate of 4.30 working hours for each full biweekly pay period of service performed. Employees assigned to divisions other than Fire Suppression are eligible to receive 80 working hours annually (cumulative to a maximum total leave balance of 160 hours) accrued at the rate of3.07 working hours for each full biweekly pay period of service performed. Employees assigned to Fire Suppression will accrue and be eligible to receive 168 hours annually, (cumulative to a maximum total leave balance of336 hours) during the fifth through fifteenth year of service. The benefits will· be accumulated at the rate of 6.44 working hours for each full biweekly pay period of service performed. Employees assigned to divisions other than Fire Suppression are eligible to receive 120 working hours annually (cumulative to a maximum total leave balance of 240 hours) accrued at the rate of 4.60 working hours for each full biweekly pay period of service performed. Employees assigned to Fire Suppression will accrue and be eligible to receive 224 hours annually, (cumulative to a maximum total leave balance of448 hours) during the sixteenth and succeeding years of service. This benefit will be accumulated at the rate of 8.59 working hours for each full biweekly pay period of service performed. Employees assigned to divisions other than Fire Suppression are eligible to receive 160 working hours annually (cumulative to a maximum total leave balance of320 hours) accrued at the rate of 6.14 working hours for each full biweekly pay period of service performed. 2. Maximum Vacation Accrual - At no time may an employee have more than two years of vacation leave accumulated (i.e. twice the number of hours accrued annually). No vacation credits shall be accrued above this limit. ....-/ lAFF MOU FY 99-92.4 (Rev. December 15, 1994) g-~;2Þ Page 18 -~~_._._--_._-_._--- ----~--------_._-_._--_._-------_.._.- -~.__.- "_.~._--- .-.' ~.._-_.".__._.,._---,-.-..,-------~ .-- B. Payment upon Separation - At the time an employee is separated from the City service, whether voluntarily or involuntarily, he/she shall be granted all of the unused vacation to which helshe is entitled based upon his/her active service in prior years, and in addition, he/she shall be granted vacation based upon the length of his/her active service during the year in which the separation occurs and computed on the basis set forth in Section (A). Payment shall be made hour for hour with any portion of an hour being considered a full hour. C. Vacation Use - Vacation balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence may not be charged to vacation not already accumulated. D. Payback - All members of represented classifications who have completed at least four years of service shall have the option of selling one week (56 hours for employees assigned to Fire Suppression and 40 hours for employees assigned to other divisions) of said vacation back to the City annually. The accumulated vacation balance will be reduced accordingly. Payment of vacation hours will be made the first payday of any month provided that the Finance Department has received ten working days advance notice of the request prior to payday. E. Previously earned vacation balances will be adjusted if personnel are reassigned for more than 2 consecutive pay periods to activities requiring a different duty week. A transfer rrom Suppression to Prevention or Training requires the reduction of the accumulated balance by 1.40 (existing balance divided by 1.40), and a transfer from Prevention or Training to Suppression requires an increase in the accumulated balance by 1.40 (existing balance multiplied by 1.40). In addition, the accrual rate will be made to conform to the new duty week effective the first pay period beginning after the day assigned, if the reassignment is for more than 2 consecutive pay periods. F. The Shift Commander of each shift will be responsible to see that the vacation requests for hislher shift are posted at each station by March J of each year. III. SICK LEAVE A. Sick leave is not a right which an employee can use at his/her discretion, but a privilege which can be allowed only in case of necessity and actual sickness or injury, or serious illness of immediate family members, which compel an employee to be absent rrom work. When an employee is on sick leave, any type of outside employment will not be permitted. B. Members of represented classifications assigned to the Fire Suppression Division will accumulate sick leave at the rate of 5. 15 working hours for each biweekly pay period of service. C. Members of represented classifications assigned to divisions other than Fire Suppression will accumulate sick leave at the rate of 3.68 working hours for each biweekly pay period of service (96 hours annually). D. Previously earned sick leave balances will be adjusted if personnel are reassigned for more than 2 consecutive pay periods to activities requiring a different duty week. A transfer rrom IAFFMOUFY 9f'-9,24(Rev. December 15. 1994) Jt'/ ~? Page 19 ~. ----.- . ---... ._-,---_._-_..,,_._._,_..-~~-_..._._--- Suppression to Prevention or Training requires the reduction of the accumulated balance by 1.40 (existing balance divided by 1.40), and a transfer from Prevention or Training to Suppression requires an increase in the accumulated balance by 1.40 (existing balance multiplied by 1.40). In addition, the accrual rate will be made to conform to the new duty week effective the first pay period beginning after the day assigned, if the reassignment is for more than 2 consecutive pay periods. E. Unused sick leave may be accumulated in an unlimited amount but the City shall have no financial obligation to pay for such accumulated and unused sick leave upon termination fTom the City for any reason provided, however, this subsection does not abrogate the employee's right to have all unused accumulated sick leave credited to his/her service credits under PERS upon retirement or any rights provided under Section :¡;:... G below. In calculating the number of days of service credits under PERS, unused accumulated sick leave hours will be divided by 1 1.2 for employees whose accumulated balances are based on the Suppression rate and by 8.0 for employees whose accumulated balances are based on the non-Suppression rate. F. Termination of Sick Leave Balances (4850 Clause) ill Upon either the acceotance of an aoolication by an emplovee for an industrial disability retirement. or upon the independent determination of the emoloyer that an employee is industriallv disabled. the emplovee shall not be entitled to use any remaining sick leave. and any such remaining sick leave balance in the emplovee's account shall be voided. This language is intended to give the emplover ri¡¡hts to tenninate sick leave under the provisions of Government Code Section 21025.2 as a "provisionrs) of a... rule[s) or regulationrs] of the emplover rwhichl providersl to the contrary.". An ao¡>lication for industrial disability retirement either emoloyee or employer originated. shall not affect the employee's rights under Worker's Compensation laws. such as any otherwise existing right to Temporarv Disability (including Labor Code Section 4850 benefits for safetv officers). ill Section 2.1 O.III.F< I) shall be effective as of June 30. 1995. GI<. Sick Leave Reimbursement (1) Employees using no more than ]/3 of the amount of sick leave they earned during the previous fiscal year shall have the option of converting 25% of their accumulation of unused sick leave for the fiscal year to pay. In calculating the number of hours that could be converted to pay, all computations shall be rounded to the nearest whole hour and the fiscal year will be considered to start and end with the first pay period commencing in July of each year. (2) If the pay option is selected, the paid sick leave hours shall be sul5tracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (3) Payment for the previous fiscal year will be made during the month of July of each year. Pay will be computed based on the employee's base salary ra!e on June IS. lAFFMOUFY 9±;-9~4(Rev. December 15. 1994) ~~;¿ 7 Page 20 ~.__. . - - -..,---..--.--.-..--..-..------ (4) An employee will not be eligible for sick leave reimbursement under this plan if it would result in the employee having an accumulated sick leave balance ofless than the amount that the employee would earn during a two-year period. This restriction shall not apply to subsections (5) and (6) below. (5) Permanent employees who retire during the fiscal year may be compensated in a prorated manner under this plan based on their formal retirement date. Prorated payment may also be made under this plan to an employee who terminates during the fiscal year. (6) In the event ofthe death of a represented employee while employed by the City, 50% of the employee's total unused accumulated sick leave will be paid to the appropriate beneficiary. HG:- Sick leave balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence for illness may not be charged to sick leave not accumulated. IH.- Sick Leave Verification - The City may, in its discretion, require a doctor's certificate and/or personal sworn affidavit verifying the nature, severity, and cause of the disabling injury or illness of the employee or illness or injury of immediate family members in order to determine eligibility for use of sick leave. IV. BEREAVEMENT LEAVE When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member, an immediate family member of the employee's spouse, or any other person defined by the Internal Revenue Service as a dependent, and after such employee makes written request and receives written department head approval, such employee may be allowed the privilege to be absent from work with pay for any scheduled work during a period of up to five (5) calendar days, plus reasonable travel time. Travel time will be actual time used not to exceed three (3) calendar days. Paid absence for family death shall be charged to sick leave. For purposes of bereavement leave, immediate family includes husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, step-parent or any other person serving as a parent, grandmother, grandfather, or any other person living in the same household as the employee. 2.11 LEA VE OF ABSENCE Employees who are mentally or physically incapacitated to perform their duties or who desire to engage in a course of study such as will increase their usefulness on their return to the classified service or who, for any reason considered to be in the best interest of the City government by the appointing authority and the Director of Personnel, desire to secure leave from their regular duties may, on written request, subject to the recommendations of the appointing authority and the Director of Personnel and with the approval ofthe City Manager, be granted leave of absence without pay for a period not to exceed one year. Employees asking for leave of absence without pay shall submit their request in writing stating the reasons why, in their opinion, the request should be granted, the date when they desire the leave to begin, and the probable date of their return. For each leave without pay, the Director of Personnel shall determine whether employees granted such leave ~~all IAFF MOU FY 91;-9~4 (Rev. December 15. 1994) ð"/clV Page 21 . -~...~.._--~--- be entitled to their former position on their return from such leave or whether their name shall be placed on the reinstatement list for the class as provided for in the Civil Service Rules. If a request for leave is denied, such denial is appealable to the Civil Service Commission. An employee who is granted an unpaid leave of absence for more than one month for any reason, including a leave for disciplinary purposes, shall pay the cost of health and life insurance premiums for the entire period of the leave of absence, provided, however, that this provision shall not apply if the leave of absence is a result of the employee being ill or disabled. 2.12 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veteran's Code). 2.13 JURY DUTY AND COURT LEAVE I. Jury Duty Permanent and probationary employees who are called to serve on jury duty for any county, state or federal court within the San Diego area shall be entitled to paid leave under the following circumstances: A. They must present to their supervisor the court order to appear for jury duty at least three weeks prior to their date to report B. All fees received by the employee for jury duty for days when scheduled for work, not including travel or subsistence pay, shall be submitted to the City. C. The employee must submit a daily court authorized, stamped time card accounting for all hours of required service ordered by the court. D. The Fire Chiefwill determine whether the employee is expected to report to work before or after jury service. E. Employees who are required to serve jury duty on their scheduled days off will not be compensated for this time and may keep any fees paid by the court. F. If the employee is not required to report for jury duty on any particular day(s), they are then expected to be at work as per their normal schedule. IAFF MOU FY 9~;-9~4 (Rev. December 15. 1994) 8> c:2; Page 22 J ---.-- I' -.-.- "'.-- ..__.~"---_.- --~-- G. It is the employee's responsibility to inform his or her supervisor on a daily basis if they are required to report for jury duty the following day. This may include calling a supervisor after or before normal working hours. H. Absence due to jury duty will be submitted on the City leave form. II. Court Leave Court leave is paid leave granted by the City to enable an employee to fulfill hislher duty as a citizen to serve as a witness in a court action to which the employee is not a party, before a Federal, Superior, or Municipal Court located within San Diego County. Court leave shall be limited to: A. Required attendance before Federal, Superior, Municipal, and Justice Courts located within San Diego County. B. Time in attendance at court together with reasonable travel time between court and work if the employee can reasonably be expected to return to work. C. Court leave shall not be granted when the employee is paid an expert witness fee. D. The employee must submit to the City any payment received, except travel and subsistence pay, for such duty. E. Court leave will only be granted to employees who are not litigants in a civil case, related to litigants in a civil case, or defendants in a criminal case. F. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentary evidence of service. 2.14 LIMITED DUTY TIME Activities during limited duty time shall be limited to passive hobbies which: (I) shall not detract from a person's ability to respond immediately to any emergency; (2) shall not include any commercial or profit-making venture; (3) shall not be so cumbersome or bulky as to infringe upon other members' lawful activities; and (4) shall not cause an unusual amount of dust or debris, loud or distracting noises, repugnant odors, or dangerous vapors. No use of City tools or materials, except water and hoses for washing personal vehicles, shall be pennitted routinely. Except for emergency repairs, there will be no repair or maintenance on any personal motive equipment. This item shall not abrogate the right of a Fire Captain, Battalion Chief, or Fire Chief to curtail any activity which in his/her opinion is undesirable for the circumstances existing at that time, nor shall this item limit the right of the department to require night or evening drills or training, night or evening inspections, or other related work. 2.15 LIMITED DUTY DAYS JAFF MOU FY 91:>-9.2.4 (Rev. December 15, 1994) ?/ JÔ Page 23 1 ""-..--.----.-.--"- ----,',-- ,. .----., .,-_......._.,......~._,--_.+._.- Such days shall be New Year's Day, Easter Sunday, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Work required on limited duty days shall consist of daily, routine schedule, and emergency duty. Sundays shall also be considered limited duty days except that individual fire companies are not prohibited ITom conducting their own training on Sundays. No represented employee shall be required to participate in such training. 2.16 SHIFf EXCHANGE Subject to the Battalion Chief's or Fire Marshal's approval, employees shall have the right to voluntarily exchange shifts or parts of shifts when the change does not interfere with the operation of the Fire Department. In addition to exchange rank for rank, personnel of a lower classification but of qualified rank may be penlÙtted to exchange shifts. "Paybacks" of shift trades are the obligation of the employees involved in the trade. Paybacks should be completed within one calendar year of the date of the initial shift trade. Any dispute as to paybacks is to be resolved by the involved employees. The City is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or are assigned other duties. A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the department. 2.17 OUT OF CLASSIFICA nON ASSIGNMENT . I. Employees assigned duty as an Acting Fire Engineer, Acting Fire Captain or Acting Battalion Chief for a period of at least one full regularly scheduled, continuous work shift (24-hour period) shall . receive compensation at a rate of five percent (5%) above his/her base pay. Payment will be retroactive to the beginning of the first regularly scheduled shift of the out-of-class assignment and will continue until the out-of-class assignment ends, provided the above full-shift minimum is met. II. Employees assigned duty as Acting Fire Marshal for a period of at least I continuous week shall receive compensation at a rate of five percent (5%) above his/her base pay, excluding any overtime or standby pay. Payment will be retroactive to the beginning of the out-of-class assignment and will continue until the out-of-class assignment ends, provided the above full-week minimum is met. III. The assignment of Acting Fire Engineer, Acting Fire Captain, Acting Battalion Chief, or Acting Fire Marshal shall be made in writing and shall indicate the date and time the assignment begins. If any part of an hour is worked as an out-of-class assignment, the entire hour will be considered an out-of-class assignment. 2.18 BILINGUAL PAY Those employees who, upon the recommendation of the Fire Chief, the approval ofthe Personnel Department and City Manager, and the successful completion of a Bilingual Performance Evaluation, are regularly IAFF MOU FY 9~9.l4 (Rev. December 15, 1994) ?/] / Page 24 q}r - .~,-_. . o',._____.,·______ ..---,.-- required to use their bilingual skills in the performance of their duties will receive $\ 00 ,s{) per month in addition to their regular pay. The City reserves the right to assign employees receiving Bilingual Pay to duty stations where, in the City's judgment, their bilingual ability is most useful in providing Fire Department services. No more than 40% of represented employees shall receive Bilingual Pay at any given time. 2.19 DIFFERENTIAL PAY Represented employees assigned to the Fire Prevention or Training Divisions will receive 7-1/2% additional compensation over their base wage, after they have been assigned to said Division for at least two consecutive pay periods. 2.20 VACANCIES - PROMOTIONS I. When a permanent vacancy occurs in any position, it shall be filled in accordance with the Civil Service Rules, Chapter 1.00, Section 1.05 (A). II. The City ofChula Vista will maintain promotional eligible lists so that not more than 120 days elapse between expiration and establishment of new lists. III. Long Term Acting or Out of Class Assignments Interim apf3ointments, in aeceràaAce ·""¡tk Civil Service Rtiles, Cl1af3ter 1.95, G3 will be made for the position of Suppression Fire Captain and Battalion Chief in the event that a SUf3JressioA fire Caf3taiA is personnel in these positions are on injury leave or modified duty for a period of more than 6 weeks. These Long Term Acting or Out of Class Assignments shall not exceed six (6) months. 2.21 LAYOFF I. The City shall adhere to the following layoff procedure whenever it considers it necessary to reduce the unit's labor force in order to lessen governmental costs, reorganize City operations or reduce/eliminate City services. II. Order of Layoff: Unit employees shall be laid off in the order specified below. Within categories 1, 2, 3, 4, 7 and 8, employees shall be laid off in order of seniority. In category 5, layoff decisions will be made by the Fire Chief. Employees in category 6 will have the right to bump back to the classification from which they were promoted. (1) Employees filling unbudgeted positions (2) Vacation relief or other work relief positions (3) Temporary employees. (4) Interim employees. (5) Probationary employees (original permanent appointment). lAFF MOU FY 9!;"9~4 (Rev. December 15, 1994) 8>J;2- Page 25 "-.------. -~----_.---------- ----------- (6) Employees on probation following promotion. (7) Pennanent employees whose last merit increase was withheld for reasons of job perfonnance, or who have, within the 26 pay periods immediately prior to layoff, been subject to disciplinary suspension of three days or more, or who have been demoted or reduced in pay for cause as defined in the Civil Service Rules, Chapter 1.00, Section 1.08 (A). (8) Pennanent employees. III. Seniority Defined: Seniority means continuous service with the City. Where equal, seniority shall be determined based on and in the following order: Continuous service in Department, in classification, and employee scores on eligibility lists and/or evaluation ratings. IV. Demotions and Reassignments: In connection with layoffs of unit employees, the Fire Chief may demote to lower classifications or otherwise transfer or reassign employees in order to assure a balanced organizational and operational structure in the Department. V. ReinstatementlReemployment Lists: Employees demoted or laid off shall have their names entered onto a reinstatement/reemployment list, with those demoted or laid off last being placed at the top of the list. Any reemployment into the classification shall first be through use of reinstatement lists and then reemployment lists, with only the candidate placing highest on a list being certified to the appointing authority. When a rehire is anticipated the top person on the appropriate list will be sent written notice by Certified Mail, Return Receipt Service. If the individual cannot be contacted at the address in the Personnel Department records, that person's name shall be removed fÌ'om the list. Persons on reinstatement and/or reemployment lists are responsible for seeing that the Personnel Department has current addresses on file. If an individual declines a reemployment offer or fails to respond within three (3) working days from the date the receipt is received by the Personnel Department, hislher name will be removed /Tom the list. Names will remain on the reemployment list for not more than twenty-four months. VI. Notice of Layoff: The Personnel Director shall send written notice by Certified Mail to the last known address of each employee to be affected by a layoff at least fourteen (14) days prior to the effective date of the action. Vll. Restoration of Benefits Upon Reemployment Following Layoff: Following rehire off of a reemployment list, an individual will have the following benefits restored: (1) Sick leave accruals (less any such sick leave reimbursed at the time oflaY0!f.) (2) Seniority at time oflayofffor purposes ofdeteffi1ination of continuous City service, eligibility for merit increases and vacation accrual rates. IAFFMOUFY 9~~-924(Rev. December 15. 1994) 7/3) Page 26 ._ ~_..m --.---" -~-_.,_._._-~-----_. . --.----.------ (3) The pay rate that will be awarded to a person who is reemployed shall be within the pay range for the classification effective at the time of reemployment. The step within the range will be the same step the employee was receiving at the time oflayoff 2.22 EQUIPMENT RESPONSIBILITY AND PROPERTY REPLACEMENT I. The City will hold employees harmless for equipment damaged or lost, except for acts of negligence, vandalism, intoxication or other substance abuse. II. Any represented employee who, in the normal course of his/her employment, suffers damage or destruction as a result thereof to his/her prescription glasses or wrist watch, shall be entitled to replacement or repair thereof upon investigation and recommendation by such employee's department head, and approval by the City Manager, provided such damage or destruction did not occur as a result of such employee's negligence. Said reimbursement shall not exceed the reasonable value of functional replacement or repair. An employee will be reimbursed up to $75 or actual cost, whichever is less, for prescription glasses and up to $50 or actual cost, whichever is less, for watches which are damaged or destroyed. 2.23 DEFERRED COMPENSATION All represented employees shall be eligible to participate in the City's approved Deferred Compensation plans. 2.24 VOLUNTARY TIME OFF POLICY Represented employees are eligible to participate in the Voluntary Time Off (VTO) Policy, as adopted by Resolution 17126 of the City Council on May 25, 1993, subject to the prior approval of the Fire Chief 3.01 PROHmITED PRACTICES I. LocaJ 2180 pledges it shall not cause, condone or counsel represented employees or any of them to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the Department or the City. II. Should any represented employees breach the obligations of Paragraph I while this Memorandum of Understanding is effective, the City Manager or his/her designee shall immediately notify Local 2180 that an alleged prohibited action is in progress. III. Local 2180 shaJl forthwith, and in any event, within eight working hours disavow said strike or other alleged prohibited action, shall advise such employees orally and in writing to immediately return to work and/or cease the prohibited activity and provide the City Manager with a copy of its advisement, or, alternatively, accept the responsibility for the strike or other prohibited activity. IV. IfLocaJ 2180 disavows the prohibited activity and takes all positive actions hereunder in good faith, the City shall not hold Local 2180 financially or otherwise responsible. The City may impose penalties or sanctions as the City may appropriately assess against the participants. JAFFMOUFY 9~;"9~4(Rev. December 15, 1994) ?r /' J ¡/ Page 27 -- - ----_._.---_.~--~~ --. - '--_._.~ ._-- ... u_._._ "._._.W ."._._.,. ______________._____ V. Should Local 2180 breach its obligations or any of them under this section while this Memorandum of Understanding is effective, it is agreed that the City shall pursue all legal and administrative remedies available to the City that in its discretion it may elect to pursue. VI. There shall be no lockout by the City while this Memorandum of Understanding is effective. 3.02 MINIMUM STAFFING LEVELS Effective with ratification of this MOU by Local 2180 and the City Council, the minimum staffing level shall be 22 Fire Suppression personnel in classifications at the Fire Captain level or below. This section is eeRtingent en Leeal2lEO ratifying this MOU on or Before SeptemBer IS, 1993. 3,03 STATION MAINTENANCE AND REPAIR Employees represented by Local 2180 agree to perform normal fire station maintenance and repair. "Normal fire station maintenance and repair" shall not include major construction or renovation projects that are detennined by the Fire Chief to be beyond the capability of the represented employees or are projects that would seriously interfere with the ability of represented employees to respond to emergencies. The City agrees to provide materials and equipment necessary to perform the normal fire station maintenance and repairs as provided herein. The fire station maintenance and repair duties will be performed between 0730 and 1630. 3.0~ VOLUNT:\RY Pf.RTICIPf.TION IN NGN TIUDITIONf.L FUNCTIONS Em¡¡ls}'ees re¡¡resented BY Loeal 2180 agree to cooperate in the develo¡¡ment ef a ¡¡regram wherein re¡¡resented em¡¡leyees ean volHntarily ¡¡erform nOR traditional fHnctions invelving tasks in ether City tle¡¡artment e¡¡eratiens. The intent of this section is to encourage voluntary ¡¡artici¡¡a!ien ef re¡¡reseRtetl em¡¡leyees in \'arieus tasks and fJrojec!s throughout the City that weuld not "lRduly interfere with their fJelÍeFffianee as fireHgßters But would, at the same time, offer an o¡¡¡¡ortunity to utilize e)¡jsting skills er leam new skjJJs Ilia! mayor may net Be fire service related. 3.05 DRIVING ELIGIDILITY POLICY Whenever an employee drives a vehicle for City business, he or she shall have a valid California driver's license. In order to ascertain the validity of the employees' licenses, employees must present their driver's license to their supervisor upon request. If an employee's driver's license is revoked, suspended, or otherwise made invalid, the employee must immediately inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. The City reserves the right to check with the Department of Motor Vehicles to investigate an employee's driving record and to determine if the employee's driver's license is valid. An employee who does not possess a California driver's license will be considered for a non-driving position, ifone is available in the employee's classification. The non-driving assignment will continue for a maximum of six months if there is a reasonable expectation the employee will have a valid California Driver's License at the expiration of that time. Extensions to the six-month limit will be considered on a case-by-case basis; however, in no case shall an employee receive more than one non-driving assignment in any three-year period. IAFF MOUFY 9±;"9~4 (Rev. December 15, 1994) 8"/]~ Page 28 __ ._~_.._~._~_~___..._.~,_...__. ..... 0' '._ '0 ----'-'....---- - .....-....------..-.- - - -----------.._- --- ------ When no non-driving assignment is available, employees may request a leave of absence without pay for six months or until such time as their license is once again valid, whichever is shorter. 3.06 PHYSICAL FITNESS ASSESSMENT AND PHYSICAL ABILITY TESTING PROGRAMS I. Physical Fitness Assessment Program - Unless they request and receive an exemption ITom the Fire Chief, all represented employees shall participate in an annual physical fitness assessment. The assessment will generally consist of a physical conditioning, nutritional and fitness training assessment. As part of the physical fitness assessment, an individualized exercise program with specific improvement goals will be developed for each participant. Follow-up participation in an individual exercise program shall be voluntary. Local 2180 shall, however, encourage their members to participate in their individual exercise programs. II. Physical Ability Testing Program - Unless they request and receive an exemption from the Fire Chief, all represented employees shall also take an annual physical ability test. The annual physical ability test will consist of job-related physical ability events wruch have specific performance standards which must be met by each employee in order to pass the test successfully. Prior to implementing this testing program, the City has discussed the appropriate physical ability performance standards and tests with representatives of Local 2180, and the City will continue to consider Local 2180's input on the performance standards and tests during the term of this agreement. A written and graphic description of the annual physical ability test, as well as the procedures for retesting any employees not passing the annual test, will be provided in a departmental General Order available in all fire stations. lAFF MOU FY 9±;>-924 (Rev. December 15, 1994) g,3 r; Page 29 ."~_._,-,._,.__._.. . --..-..--- 3.07 SUBSTANCE ABUSE POLICY Represented employees are subject to the current substance abuse policy as stated in Resolution No. 13971 adopted and approved by the City Council on February 21. 1989. 3.08 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full term of this Memorandum of Understanding. Section I. PURPOSE. The purposes and objectives of the Grievance Procedure are to: (I) Resolve disputes arising trom the interpretation, application or enforcement of specific terms of this agreement. (2) Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. (3) Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similar disputes. Section II. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: (I) Manager: The City Manager or his/her authorized representative. (2) Working Day: A calendar day, excluding Saturdays, Sundays and hard holidays as described by this agreement. (3) Department head or head of a department: The chief executive officer ofa department. (4) Director of Personnel: The Director of Personnel or his/her authorized representative. (5) Employee: Any officer or regular (not temporary) employee of the City, except an elected official. (6) Employee representative: An individual who speaks on behalf of the employee. (7) Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this agreement. lAFF MOU FY 9~;"924 (Rev. December 15, 1994) 'ð~ 37 Page 30 .-.----.---...---.-- _._-_.~--- ________ - - __ ____...___.n____...__._.__.__ .. _.m ...-. -------.------. (8) Immediate supervisor: The individual who assigns, reviews, or directs the work of an employee. (9) Superior: The individual to whom an immediate supervisor reports. Section III. REVIEW ABLE AND NON-REVIEW ABLE GRIEVANCES. (I) To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that· have occurred in alleged violation of a specific clause in this agreement; and (b) SpecifY the relief sought, which relief must be within the power of the City to grant in whole or in part. (2) A grievance is not reviewable under this procedure if it is a matter which: (a) Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this agreement. (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications for changes in title, job classification or salary. 2 Appeals from formal disciplinary proceeding. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. 5. Appeals that have Affirmative Action or civil rights remedy. (c) General complaints not directly related to specific clauses of this agreement. (d) Would require the modification of a policy established by the City Councilor by law. (e) Relates to any City group insurance or retirement programs. Section IV. GENERAL PROVISIONS OF THE GRIEVANCE PROCEDURE. (1) Grievances may be initiated only by the employee or employees concerned and may not be pursued without his/her or their consent. (2) Procedure for Presentation. In presenting his/her grievance, the employee shall follow the sequence and the procedure outlined in Section V. IAFF MOU FY 91~-9~4 (Rev. December 15. 1994) <g-~ ] r Page 31 ______._____.u._____,,_ +---"--- (3) Prompt Presentation The employee shall discuss his/her grievance with his/her immediate supervisor within ten (10) working days after the act or omission of management causing the grievance, or within ten (10) working days of when the employee, with the exercise of reasonable diligence, should have discovered the act or omission being grieved. (4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Personnel for this purpose. (5) Statement of Grievance. The grievance shall contain a statement of: (a) The specific situation, act or acts complained of as an agreement violation; (b) The inequity or damage suffered by the employee; and (c) The relief sought. (6) Employee Representative. The employee may choose someone to represent him/her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at anyone time, unless he/she so desires. (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended (9) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall, whenever possible, be handled as a single grievance. . (10) Settlement. Ariy complaint shall be considered settled without prejudice at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. (11) Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his/her grievance without fear of disciplinary action or reprisal by his/her supervisor, superior or department head, provided he/she observes the provisions of this grievance procedure. (12) Back pay. The resolution of a grievance shall not include provisions for back pay retroactive further than twenty (20) working days prior to the date the grievance is filed. However, if with the exercise of reasonable diligence the act or omission being grieved was not discovered within 10 working days of its occurrence, and the grievance is subsequently timely filed pursuant to Section IV (3), then the resolution of the grievance may include provision fqr back pay for a maximum period of one year from the date the grievance w;;s filed. IAFF MOU FY 91;>-92,4 (Rev. December 15. 1994) 'ð/J; Page 32 - --.-.--- ---- ----- ----~_. ---------.-.----..---..-. Section V. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: Step 1 Discussion with Supervisor. The employee shall discuss his/her grievance with hislher immediate supervisor informally. Within three (3) working days, the supervisor shall give hislher decision to the employee orally. Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the three (3) working days' limit, the employee may within seven (7) working days present hislher grievance in writing to his/her supervisor who shall endorse his/her comments thereon and present it to his/her superior within seven (7) working days. The superior shall hear the grievance and give his/her written decision to the employee within seven (7) working days after receiving the grievance. Step 3 Grievance to Department Head. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) working days' limit, the employee may within seven (7) working days present hislher grievance in writing to his/her department head. The department head shall hear the grievance and give his/her written decision to the employee within seven (7) working days after receiving the grievance. Step 4 Grievance to Director and Manager. If the grievance is not settled at the department head level, it may be submitted by the Association Representative within twenty (20) working days to the Personnel Director, who shall investigate and report hislher findings and recommendations to the City Manager within ten (10) working days. The City Manager shall provide hislher answer within ten (10) additional working days. The times indicated may be extended by mutual agreement. Any Employee grievance will be filed with the Association Representative at Step 4. Following the submission of the City Manager's answer, and before going to Section VI, Advisory Arbitration, matters which are unresolved shall be discussed at a meeting between the parties during which all pertinent facts and infonnation will be reviewed in an effort to resolve the matter through conciliation. Section VI. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing it is submitted within ten (10) working days, following its tennination in the Grievance Procedure. The following advisory arbitration procedures shall be followed: (1) The requesting party will notifY the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five (5) working days of the receipt of this notice, the parties may agree upon an arbitrator, or panel of three arbitrators, trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached, the State Department ofIndustrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City IAFF MOU FY 91~-924 (Rev. December 15. 1994) ?)/ £/¡J Page 33 .-.-...---- and the Association shall have the right to strike two names from the list. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. (2) The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (10) working days. The arbitrator shall have no authority to amend, alter or modifY this agreement or its tenns and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. (3) Each grievance or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. (4) The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party elects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses and/or stenographer 3.09 GENERAL PROVISIONS I. For the purpose of this MOU, the "Fire Chief' shall mean the chief executive officer of the Fire Department or his/her authorized representative. II. For represented employees who were employed by the Montgomery Fire Protection District at the time the area served by the District was annexed to the City, their seniority rights shall begin with their individual hiring dates with the District and all continuous service with the District shall be deemed to be continuous service with the City. III. For the purposes of vacation, holidays, sick leave, standby, and differential pay, all represented employees assigned to a 40-hour work week (including a temporary modified duty assignment) shall be eligible for the same benefits under the same terms as employees assigned to the Fire Prevention or Training Divisions with a 40-hour work week. IV. The parties recogrûze that the City must comply with the statutory provisions of the Americans With Disabilities Act (ADA). The ADA requires accommodations for individuals protected under the Act, and these accommodations must be determined on an individual, case-by-case basis. The parties agree that, in order to comply with the provisions of the ADA, the City may need to make exceptions to this MOU and/or to an existing policy, practice or procedure of the City relating to the tenns and conditions of employment not covered by this MOU. The parties agree that the City has the right to make such exceptions on an individual case-by-case basis, in order for the City to accomplish reasonable accommodation to avoid discrimination relative to hiring, promotion, granting IAFF MOU FY 9f'-9~4 (Rev. December 15, 1994) <;)-'-1/ Page 34 --~-.,--_.__._.._- -- --. -- _.__.--',-~_. ---'--~--'.'--- -....-----. permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. LocaJ 2180 recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The City will notifÿ Local 2180 of these proposed accommodations prior to implementation by the City if the accommodations require the City to make an exception to this MOU; the City will not, however, share medical records or violate the privacy rights of the individual with a disability. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice, such as in the grievance procedure. 4.01 TERM AND EFFECT OF MEMORANDUM OF UNDERSTANDING I. This Memorandum of Understanding shall remain in full force and effect commencing Jlme 2$, 1993 Julv 8. 1994 through July 4. 1995 Jllly 7, 1991 (the date closest to July I that is the end of a pay period), and it is understood and agreed that the terms, conditions, wages and all provisions of this Memorandum of Understanding shall continue in effect until a new Memorandum of Understanding is negotiated and subsequently ratified by Local 2180 and the City Councilor until this MOU is superseded in accordance with Section l4.C. of the Employer-Employee Relations Policy. Said terms and conditions as outlined in this Memorandum of Understanding shall remain in effect. unless otherwise noted. ITom July 8, 1991 4. 1995 (the date closest to July 1 that is the beginning of a pay period) until the first pay period in July +9% 1996, unless one of the parties notifies the other in writing no later than April I, 1994~. of its desires to modifÿ or terminate the agreement and provides written proposals for such modifications no later than May 15, 19942. II. This MOU fully and completely incorporates the understandings of the parties hereto for the full term of this agreement, constituting the sole and entire understanding between the parties. It is further understood, however, that nothing herein prohibits the parties from changing and amending the terms of this MOU during the period of its effectiveness by further consultations or meet and confer sessions by mutuaJ agreement. For example, matters subject to Meyers-Milias-Brown which are not covered in the MOU, may be acted upon by City unilaterally after meeting and conferring on such matters. Nothing contained herein shall affect rights and privileges of parties as established by the laws of the State of California, as contained in the California Government Code under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to herein. III. The provisions ofthis Memorandum of Understanding shall be subject to Federal, State and local law. IV. If at any time during the term of this Memorandum of Understanding, through causes beyond the control of the City, the City does not receive a substantial amount of anticipated budgeted revenues or is required to make substantial unanticipated expenditures, then, in such event, the City may, with mutual agreement of Local 2180, reopen this Memorandum of Under standing and meet and confer on employment benefits. This section, however, in no way affects the existing right of the City to lay off employees. IAFF MOV FY 9!;>·92,4 (Rev. December 15. 1994) 8''''1/;2. Page 35 .--- -- _._'-~~-_.. _m_.· ~_._.~..._____._..___ 4.02 SA VINGS CLAUSE Ifany article or section of this Memorandum of Understanding should be held invalid by operation oflaw or by a final judgment of any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this Memorandum of Understanding shall not be affected thereby. In the event of the invalidation of any article or section, the City and Local 2180 agree to meet within sixty (60) days after the expiration of any administrative or judicial appeal period/process for the purpose of meeting and conferring over said invalidated section or article. lAFF MOU FY 9±;>·9,í4 (Rev. December 15, 1994) ?~tj3 Page 36 "----- --~--- --_..--_.~._- For the City: For Local 2180: Dawn Herring Don Schofield, President Chief Negotiator Chief Negotiator City of Chula Vista Local 2180, IAFF . Team Members: Team Members: Jim Hardiman Greg Dum Stephanie Snyder Tom Minter Gerald Young Rudy Diaz Paula Brown Rick Brand Nancy Woods I IAFF MOD FY 9~';-9~4 (Rev. December 15. 1994) ¡?r11 Page 37 .. ~_._--,-_._---~-. ._._.._--~.- - __ _____.____n______..___ _ _...... __,___.~_,...___..__. __._n".._._._...____ CI:TY COUHCI:L AGENDA STATEMENT Item 9 Meeting Date 12/20/94 I:TEM TI:TLE: Resolution I?:> ¿ ~~pposing the u.s. E.P.A.'s Federal Implementation Plan for California and proposed measures which would force the early retirement of existing vehicles or impose fleet average emission fines. SUBHI:TTED BY: Legislative Committee (4f5ths Vote: Yes_ No-1L) The u.s. Environmental Protection Agency (USEPA) has proposed a Federal Implementation Plan (FIP) for California to respond to the state's non-compliance with the 1977 Clean Air Act, even though this law has been superseded by the 1990 Clean Air Act. The FIP would impose annual costs of up to $50 billion on California businesses and government agencies. RECOHMENDATI:ON: That Council approve the resolution opposing the FIP and proposed measures which would force the early retirement of existing vehicles or impose fleet average emission fines. BOARDfCOHMI:SSI:ON RECOHMENDATI:ON: NfA DI:SCUSSI:ON: Backaround The FIP is the result of a lawsuit filed against several California non-attainment areas relative to compliance with the 1977 Federal Clean Air Act. When the Act was re-authorized in 1990, it was assumed that the lawsuit would be irrelevant, since air districts would now be preparing plans to implement the 1990 version of the Act, not the 1977 version. The USEPA joined with California in making this case before the courts. Unfortunately, a federal court decided otherwise and ordered USEPA preparation of the FIP. The FIP's most significant impacts will be on the three "non- attainment" air basins: the South Coast Basin (Los Angeles), the Ventura Area and the Sacramento air basin. However, some of the implementation strategies included in the FIP are being considered for statewide implementation. It is widely acknowledged that many of the requirements included in the 1,700 page FIP are not now technologically feasible. While the economic impacts could be significant, there is some disagreement over whether the extreme impacts that many have expressed concern over are realistic or are the worst case scenario used to gather support for the anti-FIP campaign. 9-1 ~----,._._-----_._---- --_..~_._.._._-_.._._._-- -..- .._._---_._.~_._.,.._._"-.__. Item ~, Page 2 Meeting Date 12/20/94 FIP provisions Starting in 1996, the FIP would phase in regulations to: * Limit trucks to one stop each within the non-attainment areas. (While the intention here is to cut down on traffic, the effect would be to decrease efficiency of deliveries and put more trucks on the streets.) Estimated cost: $3 to $5 billion. * Cut back on flights in and out of Los Angeles by as much as 70%. * Force the retirement of non-complying school buses, with an estimated cost of $600 million. * Cause major disruptions to the agricultural industry through additional regulations on pesticides, vehicles and farm equipment. * Implement a statewide fleet average emission program in 2000 (for both new and existing vehicles) which would assess up to $10,000 fines for each non-conforming heavy-duty vehicle. Potential effects of these fines would include early retirement or alternative fuel retrofitting of fire apparatus. * Apply surcharges of $400 to $60,000 to high-polluting construction vehicles and other equipment. While these would have the most direct impacts in the three non- attainment areas, other parts of the state would feel indirect economic effects, with a total statewide impact estimated as high as $50 million. As expected, the FIP is being opposed by several jurisdictions in the non-attainment areas and by industry groups such as the California Trucking Association. Others in opposition are Governor Pete Wilson, the California Environmental Protection Agency (Cal- EPA), California Chamber of Commerce, California School Boards Association and National Institute of Emergency Vehicle Safety. The League of California cities has taken a position recommending that Congress and the USEPA abandon implementation of the 1977 Clean Air Act provisions and concentrate. on flexible state and local implementation of the 1990 Clean Air Act. Various communications from these groups and FIP summaries are attached. ,/r,l --- --_._-_..~.._._'"~-- Item ~ , Page 3 Meeting Da e 12/20/94 state ImDlementation Plan In response to the strict regulations, deadlines and fine structures contained in the FIP, the California Air Resources Board and the non-attainment areas have put together a state Implementation Plan (SIP). It is hoped that the USEPA will adopt some variation of this more moderate alternative plan in early 1995. Among its provisions, the SIP would: * Encourage voluntary efforts such as San Diego's high-polluting vehicle scrappage program. * Call for heavy-duty vehicle emission regulations to be effective in 2004, with unspecified light and medium duty- vehicle retirement programs. * Specifically exempt public safety vehicles. Unfortunately, while the SIP is less restrictive than the FIP, it leaves several critical regulatory holes. It calls for specific levels of emission reductions but does not identify all the methods by which they will be achieved. This creates the possibility for future regulatory surprises and affords less lead time for agencies to plan effectively. Although the Legislative Committee supports the goals of emission reduction and does not recommend opposing the SIP as it is currently written, the committee does recommend taking action to oppose the FIP and to oppose the most onerous mandates currently being proposed (whether they are eventually part of the FIP or a revised SIP). FISCAL IMPACT: The direct impact on Chula vista is difficult to determine, depending on whether any eventual fleet average emission fines affect just heavy-duty vehicles or also light and medium-duty vehicles. Based on the city's current total of 53 buses and heavy- duty non-safety vehicles, and on the assumption that some of these might be retired or retrofitted prior to the fines' effective date of 2000, a rough estimate is as much as $400,000 in annual fines. Indirectly, although the San Diego region could see some small benefit from business leaving Los Angeles, Chula vista would be heavily impacted by a projected $50 billion annual cost to California's economy. Attachments JY c:\wp51\analyses\FIPl13 9., .3 Ie¡ - 1 _____________"___..__._M_.___.._'_·,. .'._.,___ -.--.... .._----,---_.~ - RESOLUTION NO. 17'l"~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OPPOSING THE U.S. E.P.A.'S FEDERAL IMPLEMENTATION PLAN FOR CALIFORNIA AND PROPOSED MEASURES WHICH WOULD FORCE THE EARLY RETIREMENT OF EXISTING VEHICLES OR IMPOSE FLEET AVERAGE EMISSION FINES WHEREAS, the U. S. Environmental Protection Agency has proposed a Federal Implementation Plan (FIP) for California to respond to the state's non-compliance with the 1977 Clean Air Act; and WHEREAS, the Plan would impose annual costs of up to $50 billion on California businesses and government agencies; and WHEREAS, staring in 1996, the FIP would phase in regulations to: Limit trucks to one stop each within the non-attainment area. Estimated cost: $3 to $5 billion Cut back on flights in and out of Los Angeles by as much as 70%. Force the retirement of non-complying school buses, with an estimated cost of $600 million. Cause major disruptions to the agricultural industry through additional regulations on pesticides, vehicles and farm equipment. Implement a statewide fleet average emission program in 2000 which would assess up to $10,000 fines for each non- conforming heavy-duty vehicle. Potential effect of these fines would include early retirement or alternative fuel retrofitting of fire apparatus. Apply surcharges of $400 to $60,000 to high-polluting' construction vehicles and other equipment. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby oppose the U. S. E.P.A's Federal Implementation Plan for California and proposed measures which would force the early retirement of existing vehicle or impose fleet average emission fines. Presented by Sid Morris, Assistant City Bruce M. Manager Attorney C:\rs\EPA.FIP 9.S/Q-1o -_._._----_._-_._,..,~_._-- .,--.- NOV-02-~4 W~~ lö:Ub LI:.HliUI:. ur liH \i 1111:.::> rHh NV, ~IOqqqOO/1 , i. UC:::fU.;) .. 1..... i.... League of California Cities 111.1 ~.... (...... ~. C/fIU - TOg8I/Iet I I .- AnguSt 30, 1994 EPA Air Docket Section Attn.: Docket No. A.94-09 .- U.S. EnvironJX1enW PrOtectiOl1 A¡enc:y (Mail Code· 6102) _.- --- ..Wa.terside MaD"R9QmM-1S!!!> 'W'~'401MS S.W .,.,.~ '"..~"...~._-,,- _ ...... .':_ _n.·_~. ,._,.--.... ."1.; .,,!;'~..t...~.._. -L.; .. ~_. '. '-washÍngt~ri.~.C.·:z0460·T "JF ('~, ~,.,..~~ ,~.. :~., ~.~, r-~.....~,~',~-?7~ ..., ("-'!~- ¡œ; FederallJllplementation Plan Oentlcpeople: On behalf of the LeagUe of California. Cities, which represents the 470 incotpOrated cities in CaliforDia, we wish to provide these comments on the Federal Implementation Plan. First, we respectfully ask the E.P.A. to urge Congress 10 pass legislation mAlril'\g it clear that the results of the legal disputes under the 1m Clean Air Açt do not apply since California is now in the process of developing and implementing air quality plans, based upon the 1990 amended Qean Air Art. When the federal Clean Air Act was amended in 1990, it was assumed that legal disputes under the pre-exlsting 1971 Act bad ended. CoDgress mAndated . pr~on of state and local plans, which air districts throughout Califomia are in the p~ of COJDPletiDg. . 'Ihc E.P.A. and Califomia concluded that the new Act should have ended the pre-199O c:itîzen suit, which sought to have the federal government impose an ù:nplementation plan in lieu of the usual state plan. CallfoJDÏa and the B.P.A. stoOd together I\g;>;n!l.t the suit. UDfortunate1,y, in 1993 a federal court held that a Fl.P. under the 1'117 Act would need to be developed, even though California is c:arrently develOPing a strict new state plan under the 1990 AJ;t. Therefore,wo urge the 'E.P.A. to work with Congress to remedy this mogical and potentially serious situation- Second, until sum çlarIfyiDg legislation is enacted. we respeçtñilly. urge the E.P.A. to grant California and effected air districts the grêatest amount of flexibility in complying with the FD. Many observers believe that a. Jarge DUD1bcr of the reqWreJnentS proposed in the FJ.P. are technica11y and CCiOJ1omica1ly infe~lc end may DOt even achieve the desired . . J _ .' . 0010 __Jea_TtGNCIA'ICII HEADQUARTERS IOU1IIØIII Co\UI'OMA CIfI'ICE . .... ._n_ ,". AotUO 1MV1K..,n=I.$ACAAMENTO,CA t581' _ EAST H\,IN11'iGTON DR. SUITE C IIONROYIA.CA 1101' 9-7 ~- ~ - - -- ----"._~ _'N..'___·', - - -------~~------------ NOV-02-94 WED 18:06 LEAGUE OF CA CITIES FAX NO. 9164448671 p, 03/03 < ~ - ; , - , results. Wr:; br::1i~ Califonûa shOuld be ¡ranted as :much oppor\UIlÍ1J to develop appropriate local solutions cJesi¡ned to attain the appropriate air qu.aJity øndards. Wbile the Leagne of California Cûcs supports the development and ìmpleJP~nhltion of plans desiped to improve air quality. we have serious çonccma about the impacts of a federally i:II1poscd pJ,mning proçess. We therefore urge you to support a 1cgislativc solution - and to allow ~Med areas the maY/mum amount of t1ezib~ to respond to air quality pJannh¡g requh'emçnts. 'Thank you fot your attention to our concems. ~ Sincerely, ~.. ., ~ \.-.. .:~ " ,... '- .' :'.~~;~'~'.",:-~~'~a~...,~_.. :,'," -"'-"'~""'" ....,..........:.:...."'.'< .,. '-~-~' ':.... ,- " , . - - .,, . . ~. . -. "'- ...-,- Robert Bartlett President League of o.1ifnrnia Odes cc: Govenwr Pete WDson .Tames StI9ck, California SecretaJy for Environmental PIotcCti011 . 'Membenï. California Cpngrcssional Dé1egation . . . .. ~ ' " epIIIp - .. . ,- , , ¡ ", , . I , , . -. .- , .. ". .:'" 0. . I _ . ..... 9~r ¡ I i .~--_.__.._~.- ----------------._---~..._.._._-_. -.-.-- --------.--- VI:.L:-Uo-t:l WI:. ;¡: i:: ( LI:.HliUI:. Ur L:H L: 11 1:.:> rHII NU, ~bqqqlJb( r, Ubfl . ' . ' . . . .::.,. " -. DC""r~17-1994 1!i:17 TQt.H CF Rì11ERTIJ'I 415 6ee 6528 p.a:æ .. \ . , City or Monrovia ' City of Ontario City of Fillmot'e. THE TI)'P.H c: !T:!9ITOIl ., :. q,~#'t:. October 11, 1994 . ~ OCT 13 7 ,. p~ 'Stl .....3 . To: Mayor, Mayor Pro ThIn and Councilmembers Froll1: Mayor Bob Battlett City of Monrovia President, Lea¡uc: of California Cities Mayor Gus James Skropos .._--.-. . - City of Ontlrio ,-- ~ ~,...-. ... ~.. "." . ,,- -----....,. ~--,. --.,--.:",-....¡, .......":" ,-"... ~_":" "'~":-:- ,...- ;'" nT'1"'T"'("1 I"'"I\'J \'" -~. -".~ 'r-;"11 , , --, ,.....·/·í Mayor Linda Brewster City of Fillmore Rc: Cities ¡.\.~ by ~e Federal Implementation Plan (;F1Þ) .' The Pederal GoveiIIn1ent is Jbout to bit us with a. muId.-biIllon dollar dia3tcr that will cost 550 bi11ion a11d SOO,OOO IÓst jobs. And M want yout he1p to s~ ~ The U.S. EllvironmenIa1 ProtecIion At.et.WJ (BPA) Jw Propoßed lor CALIFORNIAooQ.NLY draeooian new air q,ua1ity ~ known æ the Federal Implementation Plan (PIP) that stñke at the cc:oøomic heart of our ~ aXId cIIIes. . Hasti1y assembled, the PIP is a 1,700-pagc çut-lI1d-pasæ job which adds up to the InO$t ex¡:>e'1l1Ïve 1.0.4 c=cmc air ~11S ave: pzopœcd. n hits an mobile sources - including tn1na, planes, ships, trucJœ. ~çes. school buses, agricultural equipment - and much. much more. Not oalybas-P.1'AptOVided little, ifany, sáeø.tifu: documentation fOr theFIP 1\11I:3, In pxactlœ, they coU¡d. actmany inaeaso poUutiøn. AcconIing to the $acmmento ~ ....~., FIP woulcl crlpple the state cc:onomica111 \Io':llhøut n___ri1y producfog many air-quality ba1efI.Þ. · Ar.l'hl"tti:nr" to FederiM Pena... u.s. Sec.I~IAI y of Tnm:HIUj.tAt~nn~ ·We 'beliave dIat the pbJIs will have ~ and UD?'""Ptable leve1s of impact on the economy, em.pløymCÐt, anc11he free flow of commetœ in Iho SouCh Coast area. 0 &......,..,;nitn James Stmc!1c. Secrem-ry. C'otUfnmla ""vlmnm.ental Protection A,ency: oCaJi!oml.å. alone amoøg an the atate3, b belD¡ 1c>4 into a bleak, back-a11ey I.epl proc:eu fœ wbi.eh there u no p:eceden1, no enWonmcntal ratïœa]c. DO defease. eød seemingly, , no end.o . . , .. " .' ....... 9"'9 ,t \J ~/ ----- - ~---- -^'.---"." .-----.""-"'--'---+..---. - ------,----- DEC-06-94 TUE 15:27 LEAGUE OF CA CITIES FAX NU. 9l6444B611 P. U/III ! . \ I ; o' ' i , oèT -17-1994 15' 17 TIJUoI OF ATI-ERTD'I -US SSS 6S2S P. ~ ... i !-;.:,:¡.:":.: ". ' WIúle w¢ ¡¡,ppl:Lud the FIP's co;¡, of cleaner air - even the U,S. EPA admits it cannot I!=tðe it5 olan will achieve that ,oal. To quote the EPA. °qlWlti£YÍ1II these bMefJts hu proo.·cn difficult. . . Jl'ere's s)me or the FIP lmt18cts: '. · An indepen4e:nt analysis of the FIP shows this plan will cost ClllitOrllÍQ 550 bUlioll .!lnuall,. ..nd result Í4 500.000 105t lobs. · Trucking QOats alone will. nut $3 billion to SS billion annn.lty and that means &II approxiln4Jc 30% trci¡ht (Û; inaea.sc ~ross the board. . -:.,~ ~-_r t _.._-".~ .B,estdcdÔII$ .~~.o~ns wID ha.~ ~ #:v~ ì~p3.C(: FligIiisii' and 01lfc~( Los . '. :A.t!gèl.e:s çould be cut baí;k by æ muc;h as 70%. This would be 11 d~tating sho<:k on the Çalifomia roudst, entertainment, convention, hotel and resta.uI1nt industries - and rWllt in massive ~ for relatively low-income service trades. . ' .. '. L., ,I . .', . . ~' · The Californiõ1. Sc:bool ~ AßÒci<ltioø. and tile School Transportation Coalition report that the fIp will cost (,~1ifomia 3Chools m~ than $600 mitliOl1 and tœder most current achool buses obJOkœ.. Forclng school buses oft. the road mrJlo.~ at It!ært 800.000 mon . cars ðd the roa4, 6'f1r3' day, wro,. pareDtS ~ their k1ðs to sd100L Not oDty doeS that iDcol1.wenœ pàreDts, it U18kes tràffk CO~oD. "0t'Se. . . · . California a¡ricu1tw:e will ruf!et: a hu¡e blow !tom the ¡:¡P's traD.$pQtÞ.tion, pesticide and forced vehicle and equipment replacemcnt. The Smcoy Lemon Grow~ Msociation which represents 300 Ventura-a:tea dtfUS 1årmeI:$ said the FIP would cause II. maJor disrnplion to tbeic in4usuy. . · 1b.c FIP will cost the Los Angeles area ðCO'IIomy alone 53S billion, eI1minate 345,000 jobs and c1ispropordoll8Iely harm small busi1\eSSe3, minodti.es and economk:aUy dlsadvanta¡ed '. . .. peop'- :and ". '.....';.. -. " "I' . ..~.:.: ,:.:0:;::' :. .'. :..< . FIP impacts on. cities: ...~:~.....";¿.:;...; .' . HU4dreós of mllJiDna ot cIol1ar3 to replaœ eßgÙ1es on tt\loks, ambllW1œs, filo. fi¡hting equipment, trash hauW1 and othu vehicles. And hefty tOsts in fines and fees. Prematurely Þces cities to switch Its 1I.ccts to alternative fuel. vehicles w!lid1 will require the ln$ta1latioa of fœling facilities that cost approJdmate1y $7S0,ooo pet site. 0_. . .. . Removes 1oc:a1 coatrol on air c¡ua!ity issues and gives it to the federal govemn1l".1it. FJP fius, fees and eøgine repht:ements ~\y throUl!hoyt the state and to all clria.< rot . . _: ",' .,. pIlon-mad èqµiprttent. not just !hi! three non-attainrttent districts.. . '.:~'. ):~. i'-:.{! ~~;¡r~:¥:.x·:· :~~:~:.:::þ.~ 9-1 ¿? . - ________..__ n__...__ __ _____ _.~..______..___._.____.._ ___"_,,, ._ DEC-06-94 ruE 15:28 LEAGUE OF CA CITIES FAX NO, 9164448671 p, 08111 ." f . . - . . oéT-17-19'34 lS11e TO.tI ~ ATH:RTIJ'I 415 688 652S P.£!4 Ci.ties æly on a healthy economy and the FIP Q)SU to lccal businesses will ~ an additional blow to our state's economic t(!:tJVay. The FtR was 1IeTer TOted on b, Congress. No demoaatka11y cfeded orrdal was part or its aeation and CaBCoraIaDs bad oDly three heariÐgs to pubUd1 comment. . A broad-based statewide coalition opposed to the FIP is ¡rowing daD.y. More than 100 or¡anbations and bU$Ínesse8 including the CaUfonûa Chamber of Commerce, California Man~tu=S Ass'n, CaJ.ifomja School Boards Ass'D., CaJifomia Taxpayers' Ass'o, CIlif'omb. Q.roc.ets Ass'n, A¡rlcultural COWIcil of CaIifomia., CalifonÜa RebD. Air Quality C'-",,1¡tina. CaJifotnla Troçk:ing Ass'I\, Operating Þnpeers, Local Union No.3, Milk '~uc=;CoW1CÍ1,Ait ~ Ass'n. School T==on €oaJirlon, California-.-... . -" ~~"-~~t "\sS'ñ. NatiOn'ãfFederation ofìñiiependent íìS1n'a5. Wc3ttfñ1J'ni1o:d D8ÏryØ1e11, - -- /' . Califomia rum Buteau Federation andftW1y others want the PIP ltopped. ~e W'tbtt you to 'fJlke the rODowÙ1a two At:tiOdS Imdteil1Ately~ -- A.ction II: Sign and return the endosed FIP oppœitiOI1 fonD. A.ct1oa 11.: rass a molutlollm oppoaitlon to the FIP. Eu.closed Is . SlUDple resolu11on for 'tour ~0DSider2ti0D. We an care about our envixonmen't and want deanei:' aU. But de\¡n~ air should be adsicvecl d1tou¡b amartOt. and mo~ c:ost-effccti.ve methods thai ckIn't dcmoy our stale's economy. If yOl1l1avc any questions, p1cæc: don't hesiœtc to CaR one of us or:Eric Jensen, ~ - SlOp tile PIP Cœ1ition at (415)3404470. - Thank you for your imml'1l1ate amon. Wr; loó'k forwani to hc:arlng from you. . . .. .- . ,r . " " ·9"// --~_.._..__._~--_._-------- --------------------.,----.------> ._.uo_ - ___u_____ .._______ DEC-06-94 TUE 15:28 LEAGUE OF CA CITIES FAX NO, 9164448671 P,09/11 " i . . , OCT-17-1'394 15;18 ro.IN ao- A'TI-£RTON 41S 6SeI 6529 p.œ ATTENTION LOCA.L EI.E:CT1ID OFFICIAL! S¡"II 8nd relllm to<'l:1\'t STOP TIlE Ffi>! Local Elected Official Opposition Form -PLEASE ADD MY NAl\oŒ TO TUE ST,\T1::WIDE "STOP THE nP" COAUTJOf\f that includes the California Chamber of Commerce:, California Manum:turers Ass'n, California. &:hool Boards A$s'n, California 'taxpayer¡ ASS'n, California Trucldnl Ass'o, Air'l'ranspott Ass'lI, California Farm Bureau Fcde~on, California R~t Ass'n, Na.tional Fo:Jet:>úon of Independent Business, Home Depot, Raley's, CampbcU's Soup Company, California. Scltoot TranSport:\tion Coalition, United Pa.ccel Service (UPS), California BuUcling Industry As.$'n, Operatin2 ~eers, Lo<:3l Union No.3, Western Trafftc: Conference, California ReWl N.r Qualiey Cœlidoa, California Grocers Ass'n, Mexi<:an-Amerlcan GrocetS ASS'II, Agricu1l\tt:ll - ,- Council of California, Milk Produœn Council, California Small Business United, Western -.-,PJ,'Á~. Q.~ro.elh Los ~~!~ç!!S~.~ß':Frcight Bro\(cts Ass'n¡West$rn States pettol£um_. - :AssrnjCa1tfomia. Pear Qrowen Ass'n, êãIifomia. Tomalõ'GròWeri"Ni~ti,:SC)uthcm California' -- /" BusineSS Ass'n, Los An¡eles County Hotel/Motel Group, San Jose Chamber of Commerce, California CattlemCN' Ass'n, Dùryman's Coopera1ive CreametY Ass'n, OrQwer-Shipper Ye~etable Ass'n of Central Callfornla, Indusuy ))1anubçtutert Council, C8lifomia Gniø and Peed M$'n, Califotnia Independent Petro1e>.lm Ass'o, California Business PIopexûes Association, Calit'omia Com Growers, CaliComia Moving &. sþnagc ~'D, California As$'\ of Nuœrymen, Raley's, Mat~t Wholesale GroœrY Company, Campbell's Soup Co., Am~ Medical Response, Komç Express, Mao Tools, San (Jdbrlðl Va!lay Conunen:e and Cities.ConsotUwn, CAlifomia Plantin¡ Cotton Seed Distributors, Associated Gencnû Conaactcl1, Central Califomia. Eduçation Legislation Cot1$QdÏum, Ca\ifOrnia ~oue of Food Processors, Ontario Chamber of Commerce, John Kautz Farms, Aœ Hardware CotpORlion 8IId many other¡. ;'.' COUNT ME IN. I OPPOSE THE m; I support - dtaDe~ air - but the Fcden1 Implemenw.t!OU: 1'IsA (FIP) ma1<ésøo sense _ for OdIlomJa. There a~ smartér ways to &Chiefe cleaner air without costlDg the &tate $SO bWioa and 500,000 lost jobs, ! You may use my uame pubUdy In oppœit1oa. - , (Please prl.nt) " i Date Pri4ted Name . Alithorl:l.ed stguaturi " . ,,1 " District - MaWng Address .- Phone Fa . l'\eas. return to STOP THE FIPt: . . .. -.... . -9" ;; 7i~~Ai& GAn1R . '~'--'-~'--~-.--.'--- - -- -- - --..----- ..'..---.----..---"-.. .---_.._-.. --- I I ¡ I I 4 Business Retention [ and incentive ] Legislation "., , i Governor, Cal·EPA want to proposals developed by bureau- &ive "FlP" the slip crats sitting 3,000 miles from alifornia Gov. Pete California." Wilson and the Cali- Wilson made his com- Cornia Environmental menrs in response to the pro~ Protection Agency posed plan - called, less-than- (Cal-EPA) lashed out affectionately, FIP - which at U.S.-EPA's Federallmple- directs the regions of Sacra~ mentation Plan for air quality mento, Los Angeles and Yen, ~ last month, saying the court# tura to meet the requirements t 1 imposed measures of the plan of the 1977 Clean Air Act would cost the state hillions of Amendments. Wilson's and t dollars in lost income and Cal-EPA's contention is that , , more than 165,000 jobs by the \~ the 1990 act superseded the time it's fully implemented. 1977 legislation. "The State of California A California Trucking . is fully committed to comply- Association study found that l ing with the 1990 Clean Air FIP's transportation rules alone . ,- f Act/' Wilson said. "We will could cost that industry $5 bil- l employ innovative technolo.. lion annually and result in the gies and market measures to loss of hundreds of thousands of meet our clean air goals jobs. Similarly, an analysis by instead of relying upon no~ FlP _lei COlt the Ibde'alrlnaportdon Induatly $5 b1i- the Governor's Office of Plan- drive days...and other absurd Ion ........., I"" hand.... of ......- ", of ..... ning and Research (OPR) dis- i covered that the plan would result ~ , in $17.2 billion in lost economic , output, $8.4 billion in direct costs to J the state and 165,000 lost jobs r f before the year 2010. Los Angeles would shoulder most of the burden \ under FlP with an estimated loss of 1 " L 156,000 jobs and $8 billion in direct iJ t" 1 costs. James Strock, Cal-EPA's Secre- f tary, said that one of the state's spe~ ¡ eifie concerns is the FIP's emphasis , on control measures which could ; place California at an economic dis~ advantage compared to other states. , "Instead of setting appropriate ;! national standards for trucks, trains, aircraft, ships and off· road equip· ment which would reduce emissions across the country," Strock said, "the FIP proposes unnecessarily bur· DESTINATION OF CHOICE densome rules on California alone which threaten the state's ongoing , economic recovery." Where the Mountains meet the Ocean The state is submitting its own Quality of Life air clean-up plan to the U.S.-EPA Architectural Beauty in mid·November. A Sense of Community Abundance of Cultural Activities , State legislature desigaates s... I.... A Changing Economy Army hpot .. Elterprise ZIne Ie keep Stable Visitor and Tourism Sector PacU1I BeD in Carlfomia An Economic Plan for the Future hardy before the California Strong Retail Expansion Underway 'J. State Assembly and Senate Active 850 Acre Redevelopment Project Area both called it a session last Chamber of Commerce/Conference Visitors Bureau month, they passed a bill to Resources ,'f encourage Packard Bell - ',' the country's third~largest manufac# Full Service Airport ¡ ¡ rurer of personal computers - to Working Fishing Fleet and Yacht Harbor ì University of California, Santa Barbara - UCSB \ Small B~siness Resource /Tranining Center - City College City of Santa Barbara s.cr. I lID,. II .. r , J. Community Development Is juIIIMt......... Department 'c 3,000 - Jobs -... Call or Write: . $75 .... IIIJI1II-" David D. Davis, Director _11I"'_ PO Box 1990 ."..,. U,JII..\II.. Santa Barbara, CA 93102 COMMUNITY DEVELOPIIEH1' 805-564-5461 or fax: 805-564-5477 locate in the no· longer .combat- ready Sacramento Army Depot. Without the package (5B 344) Orde Information number 7 '.' 9"'1'1 . CALIFORNIA STRATEGIES . AUTUMN 1994 . n 6· National Institute of Emew,encs; Vehicle Safety. Inc. 17155 Robey r., uite 101 Castro Valley, CA 94546-3852 Phone: 510-276-4300. Fax: 510·276-0887 A NoI·fOl'·PrøJfl O,..øniulliOff IInard of Dir-.r.ltJr, Darlae L Skehon Pre_ent Federal Implementation Plan (FIP) I Jim Burrell, Ph.D. State Implementation Plan (SIP) Executive Summary Ralph Cnn.. ..5. Fire ApparalUJ Impact On the California Fire Service Rete&fch PrOlfanu Prepared by Cbier J8IDet T. Steffen., w.s. National Institute of Emergency Vehicle Safety, Inc. 'ire ApparatUJ Maintenance Pro¡nml In 1977, the U.S. Government established the Federal Clean Air Standards and gave individual "~fal AduiJor states ten years in which to comply with them. The Sierra Club, the Coalition of Clean Air and WiUiam T. Wood other similar organizations sued the state for non-compliance with the result that the courts Board ~( Advi()rl ordered the Environmental Protection Agcncy (EPA) to cnforce a proposcd Fcdcral Implementation Plan (PIP) to bring the delinquent areas up to Federal Standards. a,y II~", Praidenl JOHph aelP Foundation , After six years of legal battling. the PIP proposal was released in mid-May of 1994. The FIP Kennel" IE. lerry, P.E. proposal is SO restrictive that it will have a tremendous economic effect of the entire State of Mcc:hantW Ef'Ii""' California. yet little time was provided for hearings or public comment, the deadline being a scant L c.1')' .~. three months later on August 31, 1994. VehKle MechanØl Dail" 4ndtoay .,,11(0, In an effort to meet the Federal requirements, the State of California Air Resources Board Ccntlll Fin Prou:cUon Dimicl developed the Proposed 1994 California SIP (State Implementation Plan). Mirroring the PIP Dutni. D_DlY. Vice 'r..., proposal, SIP addresses six major areas that currently violates the national ozone standard and has Ban" United of Tea.. a serious. severe, or extreme classification. These areas subject to the 1994 ozone planning IJcII Duff,. include: 1.-krlUlùonal Aasoáaûon of lin: Jï¡hten · Sacramento Metropolitan Area (encompassing five local au control districts): Districts Aa'" Fnnt, ....D. include: Sacramento, Placer, Yolo-Solano. El Dorado and Feather River; Classification: Aeron.utk.1 En¡inftr Serious· University or CA . ~...i¡ · San Diego: District include: San Diego; Classification: Severe·· C.leI Larry Hurlte. · San Joaquin Valley; District includes: San Joaquin Valley and Kern County"·; Modello FiR Departmenl Classification: Serious r..... Wor&.1 · South Coast; District includes: South Coast; Classification: Extreme Redmond "Ire Department · Southeast Desert; District includes: South Coast and Mojave Desert; Classification: &Woa Harea. Ge..... ......,.t Severe CA SlIle Firefi,htcn AllOC · Ventura: District includes: Ventura; Classification: Severe Jame¡ O. r"., Pte¡iden, J!MS Conu..unÌt;~¡k,II. . Requires bump-up to severe, based on inability to atrain before year 2005 .. Requesting reclassification to serious, based on rounding error in original data, transport H_ Sil..... Sdery Ad...i_ CA Dt:pt of Forestry from Los Angeles, and ability to attain by year 1999. Employea Allociltion ... Assigned same classification as the San Joaquin Valley originally, through located in n-a.SutpMa different air basin (Southeast Desert) and now governed by a separate air district. Sutphen Corporation According to the State,SIP is: · An up-to-date assessment of the State's ozone situation, · Achieves the same objective as the proposed FIP for the above listed areas, · A prescription for correcting outstanding problems, · A call to action. It matshals the resources of state and local agencies and provides a clear, systematic approach to attainment, · Approved by US EP A. EPA must process and approve the SIP before the PIP is promulgated otherwise there could be substantial penalty to the State of California, · Legally enforceable. The California SIP will establish the reference emission budgets for conformity purposes. Once fully or conditionally approved, the SIP will become a legally enforceable document. and ·C"",mitl.d 10 reducing injuri.. ønd føtølili.. 6y ødvocøling .merg.ncy ..hiclt ønd 'fUiþm.nl ,ø/ny' 9../5' _"__ _0__- _._________ __. _..~_..__.._...._"._~..._~~__.__~_..~.______.~__ _____....__...~_..______.~._._ _ 0_ ____~_..~___~......._.~..__...._ " , .- , · Amendable. State and local.agencies (with the Air Resources Board concurrence) may amend the SIP at any time, provided the resulting change does not adversely affect any region's attainment demonstration or its rate-of-progress peñormance. The Four Themes of the SIP: 1. California's, tradition of technological innovation with regulatory flexibility should be continued 2. The Air Resources Board was urged to concentrate its future energies on hea~v duty vehlcl5.. nfT.rnad enulnment and other mobile categories. 3. Achieve greater economic efficiency through market-based' Slrategies 4. Necessity of effective fedCIa1 regulations HOW WILL FIP-SlP AFFECT THE FIRE SERVICE? Let's look at some of its impact: · FIP brings Los Angeles, Ventura, and Sacmmento air quality up to compliance with Federal standards with no exemptions at present, that means no present exemption for the file and emergency services. · Cost the fire and emergency services hundreds of millions of dollars to replace engines on trucks, ambulances and fire fighting equipment. · 1,Beglnning in 1996, a,proposed rule restricts open outdoor file on bad smog days. This will affect fire ilepartment lraining. 0 Beginning in 1999, all vehicles purchased must meet zero emissions which could require such fuel as natural gas or methanol for file apparatus. 1!.IUle research has been conducted regarding the application of alternatively fueled vehicles as file trucks. 0 Prematurely forcing jurisdictions to switch its fleets to alternative fuel vehicles will require installation of fueling facilities that cost approximately S750,OOO per site. 0 Fueling sites for alternative fuel emergency vehicles would hinder mutual aid efforts with the transportation of Strike Teams. · FIP fines. fees and engine replacements apply throughout the state and to all counties for all on-road equipment, not just the non-attainment districts. · lI':'fIeet averaging program will be in affect which would 'set requirements for retiring apparatus. You wo~ add a new one and retirenon-conforming o.lder vehicles. · Fees are likely to be imposed for using a non-confonning vehiclè. The State is calling them "incentives"; however, the impact is that more of "penalties". It is rumored that a SIO,OOO penalty could be assessed for each non-confonning engine. For small fleets this would be disastrous to budgets that are strained already. A fleet is defined as three or more vehicles for this proposal. · "'Starting in 1996, generators:rescue equipment. gas powered saws. Jaws-of-Life, blowers. ele. will be . affected by EP A rules and in the year 2000 the FIP will be even more stringent. Hastily assembled, the FIP/SIP plans add up to the most expensive and extteme air regulations ever proposed. It hits all mobile sources with no consideration given to the fire and emergency services.. including fire trucks, ambulances. motor powered equipment such as the Hurst tools. and other equipment utilized in wildland fighting such as bull dozers. Apparatus purchased in 1995, with a cost of One Half Million Dollars and a life expectancy of IS to 20 years. may have to be replaced within two years... an extteme financial burden for agencies already hard-hit by the poor economic state in California. . . 9-/¿, ,-. '.. .'. -.--.....--....- .'-_..__._.__...'~.__.'--'-'--"~--~"-'--- --...- --..- -..---.-..- DEC œ '94 11:13 ij P.2 Stop theFIP! before it stops Califomla November 23, 1994 1IJD401WIDVK '0. All Ooali~ioD Member. nox. Brie: "'eDee. IUI: CaU.:forDla Air ...ouro.. BoazoO 81:aW IJIp1_Dt:&1:iOD Ple. (8%1') .eariD;: .ov~r '-15 . Again, manL thank. to those of you .who :appeared. for th....h_rinIJ·-· _~~Cbe4. . a 11st of ooalition witnesses). The hearing was~~eld 'on NovemJ:)er 9-10 and again on November 15. ,~ -- CARB vóteà on November 15 to forward a state :raplementation Plan (SIP) to the Federal EPA for approval. November ,15 was the last day to meet the deadline for SIP sUbmittal. While CARB inoluded in the SIP some good first steps towards smarter, more cost effective way. to clean the air, it IItill refused to faoe the full economio 11apact of many Of its requlations. Also, until we see their SIPsublaise10n in writing -- whiCh won't be until December 1st -- we're still concerned about the specifics. . As _ all know -- the devil is in the details. CARB inserted 12th hour provisions which the LA Time. described as Wan array Of hotly oontested strateqies that could c08t COD8W11ers and industries billions of dollar. a year.- W1it.rt is in the SIP? 1k.Bad 0 Last minute emission requirements eould cost California another $7 bUUon annually At the last !II1nut., CARB reinserted. ea1ssion reduction requirement. equivalent to the liqht duty vehicle .emiss10n standards contained in the oriqinal SIP. ' The cost of the 1.1c¡ht duty vehic1.e reductions (a whoppinc¡ $7 billion annUall~) wa.not presented to the Board and never rully explóred since t appeared àt that. ti_ (last Wednesday) ,that the coat effective scrappage alternative va. qoinq to replace thi. more 111 Ann Blvd.. Suite 406 · BurJinl!ame. CA 94010 · em> 340..0470 fax (!!!) 315-8148 9"'17 ._.~.. --_.- . .._~~--~._-_.._-~- -- DEC 06 '94 11'13 P.3 draconian and expensive standard. without the light duty _issions reductions requirements, the independent economic analysis still reported that the sn> would cost california. $6·bi1110n annually. 0 Economic analysis is incomplete Not: only did the eOQflomic analIsis not include the $7 billion annual cost of light duty _iss ona reductions, it also did not inolude: a) The costs of the SIP to local qovernments. New diesel buses for transit and school systems alone could cost local qovermnents a total of $1.4 b111ion. (under the former 1.0 heavy duty truck enqine standard WhiCh is still on the table for possible, limIted implementation after 2004) _ m.......· -. ':'1:"'": "'~.-~~ ~.~.~~.? ~_1 b) 'l'he costs of ..ny of the local. plans, at least two of Which, the Sacruento and san Joaquin plans, have yet to be received by CAU. The South Coast Air Quality Hanaqement District Plan was estimated by SCJ.QMD itself to oost about $5 billion annually. -'..' Also, the SCAQMD's $5 billion does not include costs up to $250 million for dairies. other severe economie !.paeta not included in SCAQMD'scosts estimate were provisions to limit the nU1llber of cars allowed to park at baseball goes, shoppinq malls, county fairs and other larc¡e gatherings. c) The eosts of not yet implelllØnted CAR8 regulations which are included in the SIP. These regulations include measures tor reformulated qasaline, clean. die.el fuel· and consumer products. , d) The costs ot FIP measures wiCh CAR! is askine¡ the FedEal BPI. to regulate (i... airplanes, interstate truckinq, trains, S01l.. agricultural and buildinq industry off-road vehioles and equipment). The Air Transport As~1ation estimated that the PIP airplane and airport lIIeasures would eost about $35 billion annually and cut airfligbts in and.out of Los Anqeles by up to 60%. 0 Devil in the Details A1Dendments mad. to the SIP on Nov....~1:' 15 will not be available to the pUblic in writinc¡ until December 1st. '1"IY .-, --.. .. .. -"...---...- -_._---------~---_.__.__._._-_._-_.,-,_..._..._----_.- "..-.----..--.--. -._--~-_.------~,---_.- ---~- DEC EI6 '94 11: 14 P.4 I . Va@ ('~d. 0 Adopted a voluntary old vehicle retirement pro¡ram (senppage) CARB voted to reduce air pollution by encouraging vehicle operators to voluntarily retire o1.der vehicle.. Such a progr_ wou1d achieve the same air emissions reductions as the SIP light duty vahicle standards and would do so on a earlier deadline at more than 1116 the cost. pilot vehicle retir_ent prograu are alreaC1y at work in san Diego, Lo. Angeles and SaerlUllento. In San Diego, fròm one article in the newspaper ¡they reoei ved 13, 000 applications for their prO<raJII but had fUnds to retire only 1,000 vehicles at $700 per vehicle. CARS proposed offering $1,000 for each light. duty vehicle (automobiles) and the equivalent of $10,000 per heavy duty vehicle. ~_. . (trucks) t.o be taken "Off the road. .... -.-..-"';""". -. ~:-c: o"Þ~ -' s-~ ~."'.' ",C. 'L'he previous SIP, with emissions standards whiçh would mendat.e a1ternative fuel vehicle. for both light duty and heavy duty was est.imated to cost at least $16 billion annually according to one analysis. The voluntary vehicle retirement proqrlUll would cost about $'1 million annually. Ideas for funding mechanisms range fram a $7 vehicle registration t.e tor cars to low interest loans for heavy duty trucks. A final funding mechanism will be decided in the COIIIinc¡ leqislative session. . 'L'he vehicle retirement program would also benetit citi_. counties, school districts, agricultural, the building industries and others by reducing air pollution and thus relaxinq pressure· to implement new universal standards for on-road and off-road vehicle. and equipment. ~. .0 ConVene an Economic Review Panel 'L'he Chair did not 90 into DUch detail· other· than agJcnowle4qinQ the need to review the eoonomic implications of air regulations. 0 "Code 3" emergency vehicleS exempted AltbouqhCARB staff publicly state<! at an October SJ:P workshop that no vehicle oateg'ory would be exempt from the new SIP standards, CARS .taff was compelled t.o .tate at the bearing that emer:.enoy or "Code 3" vehicl... would indeed be exempt from new standI!' . However, all other IJOvern1llent vehicle.. could .till be r89Ulated by CARB as well as the Federal EPA. . 9~)7 ...._--~-_.._.._._.._----_.- __ __.__. __.__._.___0_._._."......_..._.. 11/02/1994 17:37, P.Ø2 8 8 n I Ii nUll Ii U i II ~ I t ì ¡It 1/1 ì 1 it ~ 1 ; I Ia-r; ::r I ! ~ -c ! I: I I" £ -- r !! (') t::.' :~ i CD Ò '-"It/) ~ "0 n n n !l:1: '" us :II . n '!C:o c I'..,t!'li" !¡r_'!e III...'........ 1= i .. i5: fit i ~;; \ ~ ¡Ii ,-I i!;{è:i I..... .,. n ... ;' oW' II. II a. \..... !;.:;;. Wi 8 ! "" ¡¡¡.= ï Si"' I'" III , cI ¡ ¡ I. n " I ... r:¡\ ~> (D 'V '-'Q. n"'''' r- n'an:t. ;1,1 ~ !tIS~' C- I;il 'tl~ '< ":i .. r"" ¡¡ - .... . "-"': ... '. ~ :J ~ I 1ft <tè ¡ 'II' . .' , B \." 'I I I I· .\ ~ .. :" "w· . 9 - ),(/ - ____ ___ _____ ______~____ ___ __ __ ~ - ..____......_.__.__...._.0·_____.____·.____···_..·_·_____ , I EXHIBIT I Table AI.C.1 Surcharges for Higher.Polluting Nonraad Engines ClaSS Equlpmem typeS Averag. Load LIfetime Rated liP . . FaClor Use (hr.) Surcharge I Wood spllallS 58 60" 1,296 Spreyøra 2 50" 1.408 S400 $wIth.rs 82 82" UiOO 11 Other .grfdurm equipment 57 61% 5,280 Combines 152 70" 1,IIÐ4 $1,000 Ch!PPlnl/stumP grlnde,. 99 37" 6,992 Billers æ 68" 4,928 III 'T'rector.,IIoad.../backhoes 71 38% 11.200 Concret'/indullrlal ..wa S8 73% 7,7Sl2 ForIdills . 83 30% 13,600 Rough lenaln forld1lla 84 as% 13,9G8 OIher mati, handling equip. 111 5Q% 8,498 $3,000 Paving eqUlpmenl 99 53" 8,112 Agricuhurm Irtc:lora æ 70% 8,578 Conc:rll. pavtrw 77 !5e'II. 13,024 Asphall paVIfI 77 88" 13,024 IV RoII.s IKI 59'1(, 10,912 Other general fndaIrI equip. 107 ·61'1(, 1a,m 0Ihtr consIrUCIlon equipment 161 82% . 8,000 $5,000 . Alrc;ftlft IUpport equlpmtr'II 137 51'1(, 11,712 CI'II1II 1M .&3% 11.218 Bora/drill lias 2011 75" 6.224 V G'*CI1fI 147 r.4% 14.784 Crawler IraClOlS 13( 57" 16,336 SWHPlrs/scrubblll 87 68% 10.904 Crulhlng/procell equ/pmItIt 127 78" 13.440 Slddd.... 131 49'1(, 22,36& $10,000 Terminal lractors æ 82% 10,200 Exc:avlllors 1.&3 59'110 19,040 OII·hlghway traClCn 214 86'110 13,744 Rubber~lredlotd'" ''1$ 5416 22.368 VI Feller /bunchtrI 183 7'''' 17,780 Rubber-tired 1IoZ", 358 59'110 13,088 S20,ooo Scrlpara 2110 IOIIJCo 22,160 VII OIf·hlglMay lruck. Me ~" 52.688 seo,ooo . 9"',2/ , £B'd B£:¿1 Þ661Æ0/H ~ __ - ~ ____.uu _ __..~_~___ ..0_ .____ ._ ~ ,____ _ ____.. _____.. ~_,.. -"'-"'-'-"-~~- --~'--- . cS:x\,d;r ~ . . Emission, StmuJtudg . Purchase and use 1.5 ¡ NOx 1!IIg.1'""'s (Effective 1999 MY) - 70 %. redDctian; a1œmative fuëJs·liIœly " 1990 Federal 10.7 1991 Federal 6.0 1994 Federal 5.0 1998 Federal 4.0 Current diesel fr.("1m()\ogy Iñ:DÎt: 3.5 1999 CA Sid 1.5 Option: ,Svrc.""r;,e5 Allow 2.5 ¡/BHP-hr NOx eqiœs with surdwge ~.r- ~e"vr.J~ Urban ~ ~~ IbI:I§ )1'rvck> ð- b';.s e.5 " Surcharge $1,000 $ 7,000 . S 20,000 $16,000 wk:d.-- kArf ,. r"Ieâ 1.55' ~ BydrocarboD& ~-f;,."j",,.J ... Exhaust sui of 0.2-0.6 ¡/BliP-hi' - SO to 80 percent reduction ... ~"g;","!I must be free of cvllpUl4&l:ive emissiODS -prevems shift to psoliœ ~es. " . 9~;z.~ . Þ9"d E!£,¿1 Þ661~n " ., ... ._---_._._---,-_.__.._----,_._--------_.._..~--_._,-_.-'.-".', Fee-. \ (, J- \-.;b \1 .i<.3 , lY. \.,tC\~ . HEAVY-DUTY AVERAGE EMISSION CALCULATOR PREPARED BY CAUFORNIA TRUCKING ASSOCIATION . veaCLES VEttCU! TOTAL ENGINE YEAR > S3000 GVW NOx FEE EMISSIONS PRE 1184 1 )( 1.11 1.8800 1984-1981 0 X US D.OOQO 118.1990 0 X 1.12 0.0000 1991-1197 0 X D.I3 O.ooao 1.. 0 X 0.74 O.ooao 101-201' 0 XQ.28 0.0000 _iilll!LlIL4.'J£.:iiI'.:.lIJ c:j:f: -r-r \)II.~~(~ , . 9- .23 œ'd 6':.¿t Þ66t-'ZIiVtt ~_.._-,-_._--~._- -----....- .--.----.--.- --~- 11/02/1994 17:39 P.06 \ . ~ VI'I1TID STATES £NVIRONMENTAL PROTECTJON AC~INCY . .. REGION IX t . 78 Hawdl.,.. III..... ':: ,. ... FNAdMo. CA "105 "'''1'' Proposed FIP Measures SlIItlonary Source Measures Common To Tile Tltree FIP AntIS: These measures are proposed for implemeillation in tho Sacramento, V~tuta, IIId Soum Coast (Los An¡eles) areas. As indic.ted. some measures are proposed for implementation in the rest of Calif.!!rnia ~I. . - · Fuptive Emlnloø SOIÞ'C'" I!PA proposes 10 reduce wlllile or¡anic compound (VOC) leaks or "fuøitive" emissions from piping 11I4 other equipment at chemical plants. oil end '85 fields, end other facilities that hendle larae amounts of petroleum end 1115 products within the PIP lU'oas. 'The propoæd requimnents lU'e modeled afler existin& California ruin that establish allowable loak levels and III equipment inspeerion end repair Prolfllll. Implemenwion iJ phued in from 1996 throuøh 1999. · Service Stado...: EPA propo.. to reduce VOC fuøitive emillions from gasoline service stations in the FIP areas by improvina existing vapor rec:overy systems Required improvements include installation of a valve whil:h reduces vapor losses. and phase-out of Dicier, lea efficient vapor recovery I)'stem components. These requirements will not be noticeable to conSWllers end will beain in 1995. · Ardaiteetul'lll CoatIap: The proposed FIPs require lower VOC content in house paints. traffic paints. and other coatinp used by homeowners end paintina contractors throughout the state. The propond limits build upon ",istinS California rules and will be phased in from 1996 through 2003. . · P..deld..: The proposed FIPs require that agricultural IIId stru~ural pesticide manufacturers analyze the VOC contOllt of their produçts by 1996. Based on this information, EPA will establish limits for the VOC content of pesticides used anywhere in CaliforniL These limits would DOl become effective until late iD the decade and California is currently developing similar. but more flexible, state replations. · Waite Dumlna: EPA proposes measuret for the three FIP areas that build on current waste b\ll'ftn., I',,,..ams. - Beginnin¡-'În t996; a p,,,,,,,..,d TUlo reltricb OpOll outdoor lires such as a¡ricultural burning on days with bad smog conditions within the PIP aroas. . I . q., .J.. 'I __.._ ,_..__.."_.._u._ __"_'____',"_',,__W_ --......-------.- ---- ---_._---.-..._._.~_._---_._----~---'--_..._._-,._'_.,.....---.- ......rltk::/.L;;¡O;;¡O... ...r·...u . ....., . · Llvestoek Wastel ne proposed FIPs require large dliries within the FIP areas to use waste management practices whiGb reduce VOC eminions beginning in 1998. · COIIlfic:atlon of California Pralrams: The proposed PIP ínc:orporalc, California'. existing state-wide regulations which limit die VOC eontent of \:Onlumer produets such IS hainprays IIId deodormlS. The FIP, do not pl'Opolll lilY new requirements on} these products, but would make tlXÌstin¡ IWe requirements federally enforceable. The ~¿(" proposed PIP. also include VOC Iimi1S for hand-held IIerOIOllpray paints whiclt build ~ upOD previously adopted local measures IDd 110 consistent with a draft state regulation. · Stationa.,. SourceVOC Caps: EPA proposes that facilities emittins mOte than £Out tons of VOC per Yell' will be required to -cap" f..:ility-wide emissions based on historic and future emiuion rates. These facilities would then be required to reduce emissions by at least ftlur percent each year from 2001 throu¡h 2005. Sources would maintain OtlXÌbility to determine how best to adJieve dlese emission reductions. EPA is also requestin¡ c;omment on other mechani5ID1 to aGbieve some of these emission reductions. Mobile Source MellSlII'U Common To The Three FIP A.reas: As indicated, many of these measures are proposed for implementation in the rest of California and the coonIT)' IS well IS in the three PIP areas. · BuiJdln1 on Callforala Prolraml: The proposed FIP builds on existing Slate regulatory pro¡rams to reduce emissions from calS and lishl- and medium·'I!uly lrucks. The moS! si¡nificanl state regulalions are the Low Emitting Vehicle (LEV) and clean fuels programs, including California's rofOJ1llulated gasoline ~uirements. Tho LEV program requires new cars and li¡ht trucks to meet li¡nificllltly more stringent emissions S1andards a incJUdiD¡ a mandatory ..Ios requirement for zero-emission "ehicles (ZEVs, e.g., electric cars) liming in 1998. California's program also \:Ontains less stringent LEV emission standards for medium-duty truclcs. PISI experience indicates that the emission reductions hom new emission control technologies often faU short of expectations, but the LEV program relies on advanced tcchnoloaies designed to assure that in-ule vehicles CIIIit at levels close to their certified emission levels, such IS emission diagnostic systems 'on-board" tho vehicle. To provide emissiun reductions above and beyond the substantial reductions aGbievcd by the LEV program, the proposed FIP includes supplementaty emission standards for medium- duly trucks, a çomprehensive enblllced smog Gbeck program, and an enhenced in-use vehicl~ 'CODIp¡¡........, 'Prolram;1IIICIrdeseribed below. - 2 - 9",,2.> ----- .------ ...~----- 11/02/19'34 17:41 p.æ . ~ , ~~ / '< I. ...¡/ Medlam-DUI1 Trucksl EP A proposes to II\IPplement current Califomia regulations JI' y for m.dium-duty trucks. B.¡innin¡ in 1999. all modium-duty tI'IICks sold in CalifornIa ¡.::. ^ I would ~ required 10 meet eminion standards comParable 10 California's LEV ~ ItInclltds for Clrlllld jibe-dUty trucks. However, III... tt\ICkS also have the oplion to c..¡ instead Geltify 10 meet the proposed heavy-duty enaine standards IIId low evaporali ve emil~DIII requlnmlentl. . EDhueed Sm,. Cbeek Pro,ram: The propOlld PIP. ioelude III improved Smog Cleek pro¡r1Øl (also boWl! 85 lDspectÏon and MlÍn$ttnanCl or 11M) for the three FIP area&. Thepropostd JIM program would be f\¡11y implemented by 1997, and is deaianed 10 follow EP A 'II national modal JIM pro¡rlll1. Emissions lesting and repair services would be conducted at npalm (agilities 10 IlW'UItee accurate testÜtg and avoid OOIIftict of intcn:lt. £lA', 11M pro¡ram would b, run by on. or more privarc finns, ud is expected 10 reduce roushly three times the emissions as the existing California pro8fllll. EPA ud the State of California are currently ho1dinS discussions on a different enhanced program delip which may be implemenled by the Stat.. If an agreemeDt is reachod, legislation adopted. and an acceptable stale pmarlln and regulations submined 10 EPA. EPA plans 10 wilhdl1lwor I'IIIcind the FIP 11M prolram and approve the swo'. now program. . Enballced In-U.. Vehicle CompUlllce Pr'lriml T1te PIP includes two proposals to furth.r OIthance the emissions performance of vohieles in-use. Both of these proposal. shift responsibility for mBintaininalow emissions from tht consumer towards the vehicle m8llufacturel1lud would IllCOUrap mlllufacturen; to increue the reliability of ,minions control systems beainning in the 1999 model year. . Normal Mal.tenuce Recall: First, EPA is proposin¡ to Itnn¡tben its recall )I'Oaram for CII1and lipt and medium-dUty trucks widl faulty emission control systems. Vehicle manufacturers' illite-wide recall responsibilities will be determinod by testing the emissions performance of "typical" vehicles instead of only vehiele. which hav, been properly maintained. . Selective a.adI: Second, EPA is propo.in¡ to inerease manufacturers' responsibility for repair of vehicle ,minions control equipment. If a high percentage ofvchiclo. (S% durin¡ die first- and 10% durin. the .econd-half of the vehicle'. unfullife). on a model-by.model bail, fails 10 meet a special exhaust lIIIIillÍonl performance standard, Ihan vehicles will be seleclively rocaJlod and manufaclurers will be responsible for the COSI ,of emissions-relllled vehicle replÍJ'I needed to meet the special eminions performance standard. .!file· data _ary for ihit1lt'01If1I/1I will-N eøllecxod... vehicles are tcsted in the 11M proanm. . - 3 - 9.;'';'~ ____n._._.··_ . -...---.- -- - - -- -- .-...-,,----.- 11/02/1994 17:42 P.09 , ~ Other Approaellal BFA is _kins public comment on other Jpproaches to nducD emissions of vehicles in-use. New vehicles III'e currently required by California LEV regulatiODS to have emissions dillBJlD5tÍc 5)'stems ·on-board" the vehicle. EPA i. particularly Ûlterested ia public input on a pro¡ram which would require that new vehiclos be capable of communicating the on-board diapostic infonnation Iu fttemII sensors. Thi. ·communications" proaram would be used to tarpt hi&h emitting vehicles for immediate smog checks. r? " 411-8tate Velaldesl Startin¡ in 1999, the proposed PIP would prohibit California .. residlllltJ from reaisterin¡ cars and liaht trucks that III'e not cenified to California" emission Itandards (also mown u "49·State Vehicles"). Currently, California laws prohibit registration of Dew 49-atate vehicles (less thlD 7,'00 miles on the odometer). The PIP proposal IXplDds the cumnt prohibition to used 49-swe vehicles (more than 7,'00 miles) IS well. The proposed measure exempts 49-atato vehicles already in Calitornia IS of 1999. Further, new residents of California m5)' bring their vehicles with them 18 IoD8 18 thoy have been registered in lDother J1ate for over J months. These vohiclos will continue to be subject to California" current fee for 49-state vehicles. - Parking c.... Oat; EPA is PropoBinll that baÂn_ in the FlP 11'01$ with 25 employees or more who offer their employees free parkina at work in tho form of loasod apacell or cash reimbursements, must also ofFer employees a choice of either cuh, or a transit voucher of value equal to the employer's leased parkina space. This FIP _UfO is consistent with a similar initiative in the President's Climate Change AwoD Plan. - New Heavy-Duty TRek and Bus Stand...ds: Beginning with the 1999 model year,·" EPA is proposing that large trucks and buses sold ill California would be required 10 -;jJ-""- meet emillions ItlDclards which are similar ill stringency to those for pusenger cars. Such vehicles would be required to comply with the tia!lter stIIIdat"ds over their full operating life even if the enaines are rebuilt. These new truc:Ics IDd buses mUll also be desianed to preclude significant evaporative emissions. It is likely that only alternatively-fUeled or redesigned diesel enaines will be able to meet these strinaent requi rementl. . EI'.I.tin. T.,.c:kI and Buna: Pre-I999 truCks IDd buses 11'0 included in the propoJed ~ FIP. Beginning in 2000, truck and bus Sect operators would be required to meet an flee. average emission rate by contilluing 10 buy clean vehicles IIDd reti.re dirty ones at historical rates or, alternatively, thoy CIII pay a feo based on the lovel of thoir excess fleet OIIIiaions. Frier, at Ibo o~l.ption. ·rather than œmplyin& with the Deet averaginS prosram, interstate vehicles could limit them..lves to making one stop in the PIP areas IDd two stops ill California before being leaving the state. Some smaller beavy-duty vehicles would be subject to 11M Iminl instead of the fleet averasing proaram· .4· 9-J. ? _ ___._.·.·,,·__._.m.__....,,_"___".____."~_._ _ ._ - - - --"._-,...,,~-,._-_...- .- -.-...-- ~'-- ..".. - ........---.---- -- 11/02/1994 17:42 P.10 I · Eubuced In-U. Compllllllce Prolram 'or Heayy-Dut)' Vehldell EPA is proposin¡ a normal maintenance recall PI08J1Ull for heavy-duty vehicles manufaç¡urC!d after 1999 which i, similar to that prOposed tor can IlKlIiFt and medium duty trucks. The emissions pertomwlce of "typical" enÍnes will be tested Instead of only enllDes that have b_ properly maintained. · Løeomodvn: Independent 0' the PIps;EPA is required 10 set nation-wide emission standards for new locomotive IIftIÎIIIII by Novembor 1995. ThtsO standards will limit NOx and other mUllions in two ph.... tho fim takin, effeçr in 2000 and the second in 2005. In addition, the PIP proposes eminion standards for locomotive engines remlUJufactured ahor 2000 whicb may bo implemmtecl on a Itat...wide or nation-wide basis. · Sm.J1 Nonroad EDalDesl IndopOlldcmt of the PIPs, E1' A ÍI setlinl nation-wide eminion standards for new lawn, gll'den, and utility (e.g., anall senerators, pumps, IUJd compressors) I.oline-powered enainos below 25 bOl'SllpOwor (hp). Tho first phase of 1IIese standards will be implemented in 1996 and is nearly identical to Californi.', cøciS1ing IaWII and aarden rcsulations _pi that it also covers new sm.1l f.rm and conatructíon enaines that the Clean Air Act proemptl from swo regulation. The second, more mnSlnt, pbase of mis nation·wide reguI.tory prolram will b, implemented in 2000 or 2001. If this phase does nOI aehieve adequate eminion reductions for California, EPA will supplement 1IIe FJPs with additional State-wide standards. · Recrentlonal Boa.. and PIeas....er.n: Independent of the FIPs. EPA i. settins nation-wide emission standards for recreational gasoline-powered marine engines. These standards will be phased in beainnins wi1ll ""ines manufactured in 1998 and will reduc:e emissions from boats with outboard and inboard ",¡ines .. well 115 from "jel skis· and other personal watercraft. In addition to this nation-wide pro¡ram. the FTPs propose a permit/fee system to encoura.e use in the FlP areas of lowoemittin. boats, such 115 those produced after 1998. The permit/fee system would tab offec:t in . 2004. · Motorcydel a"d Itec:....tlon.' Vebldes: The propoled PIPs include more mnlen! standards for on-highway motorcycles and nonroad recreational vehicles includins din bikes, all-terrain vehicles, mopeds, ao-kans.) These standards would .pply to all suc:h vel1icles sold in California after January 1996. Fifty percent of new on-highway motorcycles already mllOt the proposed hydroc:arbon slanclards. ·5- 9-.2 Y _ --------------.-- __<____n_ -~.._-~-----------~----~-- ---_."-- 11/02/1994 17:43 P.ll , 0 Hea\')'-du1)' Nonroad EIIpe Standards: Incleplndlllt ot tho FlPs, EP A plans to promul¡ate nation-wide emission standards for large (i.e., over 50 hp), mostly diesel- powered enllines (e.s.. bulldozen. tractors. and drill rip) by May 1994. These stan~ds are similar to California's existing prosram for heavy-duty Insines except that they additionally cover new tinn and construction qin. under 175 hp which the Clean Air Act preempts from state roaulation. Thlle standards will be phued-in bleJnnins in 1996 or 1997. 111 addition. u pet of die FIPI, EP.... is proposinS Ibat Donroad heavy-duty enginos sold for use in the PIP areas after the 1999 model year meet tipter NOx standards similar to those proposed for heavy-duty trucks. These tipter standuds will apply over the full operatinlllife ovon if .aines are rebuilt. To maintain normll turnover to cleaner equipment, a fleet averaJins program siMilar 10 that described above for heavy-duty trudt. and buses will be implemented for all lIonroad equipment used in the PIP III'OIS. 0 Enhanclld In-VIII! Compliance prouam tor HeaY)'oDu1)' Nonread EnalDes: EPA is proposing a lIormal maintenanoe recall program for heavy-duty nonroad engines manufllCtll1'ed after 1999 which is simil... to that proposed for on-road vohicles. The emiSlÌDIIS performance of "typical" enginos will be tOStecl instead of only engines that have b_ properly maintained. . Airpla...: The proposed FlPs include two mOUllfOS 10 reduce ai rcraft-related omissions in the PIP areas. Both programs begin in 2001. and are desigoed 10 reduce emissions at the same rate aathe stationary source caps. . Commercial ....irports: Commercial airlines must reduce emissions f¡um planes and uaoc:iated equipment (e.g., ground RrVÎce equipment), by complying wilb a declining environmintal performance 1ar¡et each year. Tho target is expressed 11$ an IIlowable pounds of pollutant per passenger equivalent unit (this includes both passengers and cargo). Airlines thaI exceed the taraet would pay a filii on the amount of emissions in excess of the target. . General ....viation: Take.." fees charaed for private aircraft are desianed 10 reduce the number of f1i¡hø and to encoura¡e lilt ot low-eminin¡ Maines. 0 Military AIr Bales and Otber Installatiens: Under the PIPs, the Defense Department would be responsible for reducina ¡round-based emissions at military air bases and other insIaIIations. EPA proposes to eKempt military aircraft and vasels due to concerns regarding militlJ)' preparedntlS. (Recent base cJosu~ will sianiflcantly reduce military aircraft emissions independent of Ibe FlPa.) Bmissiona from a\l. other ·fßØw1e-sources -at·lllililar)' instellations·within the Flp· erOllS will be reduced under the PIPs. - 6- 9' ,;J. ') ~------~-"'-~--'--_._-"----~--'--'---------"._"- -..------".-..- ---.--.------------_..+--.-._----- 11/02/1994 17'44 P.12 . . MefUureS S~lJ1c to the Søcnllfre"to Arøa: In addition 10 the meaures common 10 III three 1II1IU, EP ^ is proposiøa moaure!! Ipeciticmly for tho Sacramento area. Por many emission C&tO¡oriel, existínll reaul.tiolll ill the SoU1b Co8st BIId Vlllltura are moro strin¡ent than in Sacramento. EPAis pJOpOSill,1ho fonowina rules Dilly for Sacramento bfo~"se equivlllent rules IIntIIiI)' exist in the olb.. two· areal. · RuIn fer Spedflc ,.dlldea: The PIP proposes rules for four major industrial facilities which operate processes JlOlldequately COIItrollad by local air pollution rules in the Saenunento area. The proposed rules spec:ify reasonably avail.ble colltrol teclmolo¡ies (MCT) for the&o ProœliliOl,U are currently required of mllior lOur!;" in nonattainmeDt areas lIatiœ-wide. RACT rules specify minimum requirements based 01\ tetbnologies that are proven 10 be technically and economically available. The arfected facilities are MicbiSIft-Califomia Lumber Company in E!I Dorado County and Formica Corporation, SiorraPine Limited, IIId Reynold's MetIII. in Plaeer. The proposed rules for Formica, Rll)'llold's, and MitbisanoCllifomia do not require ml\Îor modificatioll8 of existína operuins practices. Th, proposed rule for SierraPine requires installation of control equipment to reduce VOC omissions by 1996. · CommercIal SoIvenb and C.atlap: The PIP propOIO& rules which require çommercial facilities in the Sac:ramento area to use low- VOC solV1lllts and COIdina' for the followins activities: solvent clellling, wood produeu coalina. auto refinishina. adhmvu application, and metlll em IIId eoil eoatina. The proposed rules are based on resularion. that already exist in other pans of California, 8IId many facilities will be able 10 eompl)' without dilnlptina existin¡ processes. Compliance with these rules is generally required by 1996. · COlQbultlon SDUrcel: The FlP plOpOlOS 10 reduœ emissions of o'l:idcs of nitroaen (NOx) from the following emission sources in the Sacramento area: residential _ter heaters, stationalY internal combustion engines, steamlenerators, process heaters, lIS turbines, and industrial, commercial and illBlitutional boilers. The m~asure5 are modeled Iftor existína rules in othir pans of Califom;a which limit the allowable rue of NOx omissions. These emission limits tan be met by installina low·'miffina equipment, or by modifyina older equipment with low-NOlI: burnen, add-on controls, or other technologies. Implementation is phased in from 1995 throuah 1999. · Bakerie.: The proposed FIP requires III incinerator or other add-on control equipment to reduce vOC emissions from larae commercial bakeries in tho SacramenlO area beainntnl in 1997. · MunltipaHaødlHlr. The'propOSedflP in Sacramllll1lr~uil'llS collection of methane and other alSes aenerated at landfills as the willie decomposu. Implementation beain. in 1997. -,. . 9"'31/ \ IY .........._---,"- 111'02/1994 17:45 P.13 - , . 2005 Sacramento Attainment Option: Sacramento is currently classified as a ·Serious" o~ne nonattainmenl areL In order to avoid additional measures needed 10 attain the standard by 1999 (summarized below), EPA is proposing to ·bump-up· Sacrameoto to a ·Severe· ozono t:lassiftcaûon. Anw classifiod as ·Severe· are allowed lID addilionaJ IlÍx years (i.e., until 200') for attainment, but must meet additional Clean Air Act requirements addrused by tile following roles in the PIP. . New Souree Reviewl The PIP proposes permi,l requirements to essure that all new and moclifilld m~or aminion IOUrces emittill' more than 2' tons per year oftket any emission increases on . I to 1.3 mio with emission decreases elsewhere in the nonattainment area. Currently IS a ·Serious· area, sources in Sacramento emittina mol'll than SO tons per year must offset emission increases CIII a 1 to 1.2 mio. þ Employee Commute Options (ECO): The Sacramento PIP proposal includes IIß BCO measure designed to encourage alternatives to singlo-occupent commuting. This program has two requirements for employel'l with more than 100 employees at a worksito in Sacramento. First, the employel'l will be required to submit certified complienCCl plena to encourage alternalives to solo- drivinS for employee commutes. Employen; are Jiven flexibility to choose the most effective strategies for their panicular employee popuhmon and workslle, Second. the omplO)'o1'$ will be required 10 meet the tarael average passenger occuplDcy of 1.38 peoplo per veIIiclo. This represonts 811 increase of 25% IIbove the current averaae ridership in this area. Good faith offorts will be tùen Into account for those employers who fail to meel the requi~ tariet. . 1999 Sacramento Attainment OptlOD: Measures discussed above are desianecl to bring Sacrunento's air quality into attainment with the health·based ozone standard by 2005. Tho PIP also proposes a pKkage of rules that would attain tbe standard by 1999. The 1999 proposal differs from the 200S proposal in tila! it: (I) caps growth in farm, construction, and mining equipment emillSions; (2) requires forcing the complete turnover by 1999 of heavy-duty trucks to engines which meet 1991 emission llandartb, and substantially forcing turnover by 1999 of recreational boau to eosines which meet the new Cederal emiS$Ïon standards which beain in 1998; (3) dramatically accelerates controls on military installalions, and stationary sources emittina more than 4 Ions of VOC pet year; (4) prohibits each on-road vehicle from driving on one of evory five work-day. (keepina 20% of the vlhicles regislered in Sacramento off the road on a given work-day); and (5) does not contain the employee commute option or the new source review requirement; - 8 - 9"' :J I I?~ ..._-"------.-...._._~ .__..._~- 11/02/1994 17:45 P.14 , . . Measures Specific 10 the Yelltu,a oA'H: In addition to the measures common to all three FIP areas. leVerat meuures are proposed in the PIP for Ventura but pot the South Coast because equivalent reaulations already exist in the South ComIt. Other meuures are proposed for Ventura but not Sacramento bec:ause the re¡ulated Clte¡ori. are not si¡niticant emission IOUrc:e5 in S.:ramento. · CalDmerdal SolveD" IUI' Coadnll: The PIP propoa... I'\Ilos for 801~t cleaning and wood producrs comnl identical to those proposed for Sacramento. . · SCatiIl.llIrJ Saarce NO¡ Caps: The PIP proposes that facilities emiuin¡ more Ihan four tons of NOx per year in Ventura will be required to ~CI)~ facility-wide omissions baRd on historic end future emission rates. Those facilities would then be required to reduce emissions by It least six percent each year from 2001 throuah 2005 Sources would maintain nnibility to determine how besl to açhiovc these emission redllctions. · Mariae V....I. and Ports: The emission fee systom proposed for the Los Anaeles port (disçussod below) includes a fee discount for ships traveJlina outside the Channel lsJands. Thi. will roduoe tmiasions blowing on-shore at Ventllra. Measures Specific to the South COtlst Ana: In addition to the measures common 10 all three FIP areas, ceveratmeuures are proposed oftly for the South Coast area because greater cmiasion reductions are needed for attainment and/or beçause the lOurœ "Iegories are not u si¡niftcant in the other two area. · So..... Coast'. RECLAIM Prolnm: EPA expectS to approve South Coast's RECLAIM pro¡ram in lieu of promulaatina a NOli cap rule in the FIP for the South Coast IInIIL · Now TecluaololY Commitment.: The FIP includes commitmentS to establish tighter roaulalions in the South Coast for a wide range of activities based on the development of new technolo¡ies or control techniques as authorized under .ecrion I 82(e)($ ) of the Clean Air AI:I. SPA will promula.'e Ihese resulation. in 100S and 2007 for implementation in 2007 and 2009. · EDhucod ILEV Fleet ProlrRm: Enhanced inherently low emitting vehicles (1LEV) are cars and light trucks which meet all the requirements of tho LEV and in-use compliance programs, end aro dosi¡ned to proclude si¡nificlnt evaporative emissions. EP A proposes that JLEVs compñse 8 fraction of the vehides purchued atler 1999 by certain vehicle fleets whiçh can be centrally-fueled (e.¡., repair companies and delivery servic:e.). .9. , 9- 3.J... " ._-,~.._~- ___L .-.--..- ------~-- 11/02/1994 17:46 P.15 , . , . Mulne V..... and PorU: Tho proposed FIP includes III emission fee system 10 encourage lower emissions lit the Los Anples pon. The proposed ree system would bo8in in 2001llld rely on . b.. fee of $10,000 per ton of emilSions. Fee cIisçounu 11'11 proposed for connectina to ground·bued poWllr whilo in pon, using low emission eøcinO$, IIId for ttavellina outside 1be ChJnnel Isluds. Compliance with ell three _ationa1 chules eliminates fees allole1hor· . Locomodvos: The proposed PIP also includes. rule for locomotives in the South Cout. Baeb railroad œmpuy would be required to reduce the average emission rate of their locomotives in tho II'OL A first phase of roduc:tions would be required by 2007 and a IOcond ph.. by 20 I O. - 10 - 9-.33 -~~------.._..,,---_."_.,---~- ------- - ~-- -~---_._._----,,--- ..._--. --.._- ._~ ---_.._._,-~--_.._.- CITY COUNCIL AGENDA STATEMENT Item 10 Meeting Date 12/20/94 ITEM TITLE: Resolution \î1b; Approving a California Endangered Species Act Memorandum of Understanding with the California Department of Fish and Game Relating to Otay Valley Road Widening, Authorizing the Issuance of a Letter of Credit to Secure City's Obligations under Same, and Authorizing the Mayor to Execute all Documents in Connection Therewith SUBMITTED BY: Director of Public Works ~ S , Director of Community Development ( - City Attorney ~Gv-lð1Þtß REVIEWED BY: City Manager 1fi\, (4/Sths Vote: Yes _ No-X) BACKGROUND: The City Council on June 7, 1994, by Resolution 17518, accepted bids and awarded a contract for Phases 2 and 3 of the Otay Valley Road improvements within Assessment District 90-2. Phases 2 and 3 include improvements to the 1,200 foot length of Otay Valley Road immediately east of Nirvana Avenue. In order to implement Phases 2 and 3 of the Otay Valley Road Widening Project the City will need to disturb certain wetlands habitats in the path of the project which are occupied by the endangered least Bell's Vireo. Any project which causes such a disturbance requires a permit from the California Department of Fish and Game ("Fish and Game") pursuant to Section 2081 of the California Fish and Game Code. City staff has been negotiating the terms for this permit with Fish and Game over the past 14 months. These terms are set forth in the California Endangered Species Act Memorandum of Understanding ("Fish and Game MOU") which is presented hereby for your consideration. Council approval of the Fish and Game MOU is necessary at this time in order to permit the timely commencement and completion of Phases 2 and 3 of the road widening project. RECOMMENDATION: That the Council approve the Fish and Game MOU, authorize the issuance of the Letter of Credit securing City's obligations thereunder, and authorize the Mayor to execute all documents in connection therewith. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The proposed Fish and Game MOU places a number of conditions on Phases 2 and 3 of the Otay Valley Road Widening project (the "Project"). The most important of these conditions are as follows: 1. At its sole cost, the City must acquire, preserve, restore and enhance 12.66 acres of "habitat management lands". (In accordance with Fish and Game standards, this amount of acreage is a "ratio" of the amount of acreage actually being "taken" by the Project.) It; ,..1 __._._._.~._._..___ . _ __,~..,._~_"._,_._._. w _...._,__~_~_.._.____~_..._,.__...__.__.__,_.__..,__.__.. -- +-" ----. 2. At its sole cost, the City must convey either a fee interest or a conservation easement in such Property to Fish and Game (or its designee). 3. At its sole cost, for a five year period after the transfer of the Property, the City will be responsible for maintenance, monitoring and replacement of failed vegetation at the Property. (Thereafter, Fish and Game will be responsible for maintaining the habitat.) 4. The City must acquire, enhance and convey the Property within 12 months of Fish and Game's approval of the Agreement. 5. In order to secure the City's acquisition and habitat enhancement obligations, the City must post an Irrevocable Letter of Credit in the amount of $310,000. (The $310,000 figure represents the City's own estimate of the cost of performing its obligations under the Fish and Game MOD.) In the event that the City fails to perform such obligations, Fish and Game has the right to draw upon the Letter of Credit to the extent necessary to perform the obligations itself. (Funding for the Letter of Credit (and for the acquisition and enhancement work itself) has already been obtained through the issuance of bonds by Assessment District 90-2. This Assessment District was formed in 1990 to fund the Otay Valley Road widening project.) These terms are fairly standard for this type of agreement with Fish and Game. The only somewhat unique provision is the requirement that the City secure its obligations with a Letter of Credit. While such security is typica,lly required of private developers, City staff does not recall being required to post security for its obligations to Fish and Game in the past. The problem with posting a Letter of Credit is that monies in the City's general investment account must be shifted to a separate account which is, in effect, dedicated to the Letter of Credit obligations. This separate account may earn less interest than the City's pooled investment account. Furthermore, the Bank will charge the City a fee equal to 1-1/4% of the amount of the Letter of Credit (in this case $3,875) for each year the Letter of Credit is in place. During negotiations, Fish and Game staff has maintained that the security requirement is regularly imposed on both private developers and public agencies and have been firm in their request for some form of security. Admittedly, City staff's experience with this issue is very limited in that historically few public works projects have required Fish and Game approval. Accordingly, in order to obtain Fish and Game authorization which would allow the timely commencement of the Phase 2 and 3 roadwork, City staff recommends approving the Fish and Game MOD in its current form. Following City Council approval, City Staff will continue to work with Fish and Game in order to negotiate a modification or an amendment to the Fish and Game MOD which might minimize or remove the Letter of Credit requirement. Council direction to staff to attempt to negotiate such a change is contained in the Resolution presented for your approval on this item. About half of the 12.66 acres of enhanced habitat required by the Fish and Game MOD related to Phase I of the Otay Valley Road widening project and have already been obtained by the City. The City is currently in the process of obtaining the remaining acreage required for Phases 2 and 3. Staff has some concern that the acreage previously designated for wetlands mitigation under the Fish and Game MOD may prove unsuitable due to potential groundwater contamination. However, if the specific acreage currently targeted by staff and Fish and Game proves unsuitable for habitat enhancement purposes, staff is confident that an alternative site can I t) ,~ -- ,- ~-_.._._-_...._-,,-- . -,---'._.'---, -".. _.__._----_...__._,~_._- --- --~- ..".. __., on -------~-_.- - -- --- ------_.- .... ----_..._~ - be identified, acquired, enhanced and transferred without exceeding the existing budget for this purpose, and within the requisite 12 month time frame. A copy of the proposed Fish and Game MOD is attached hereto as Exhibit A. FISCAL IMPACT: All amounts necessary to fund the City's obligation under the Fish and Game MOD (including the Letter of Credit costs) have been previously appropriated and will be payable out of the Assessment District budget. If required by Fish and Game, the Letter of Credit is expected to cost approximately $3,875 in bank fees (1-1/4% per year of the face amount of $310,000). and a nominal amount in potential lost interest over the life of the reduced interest separate account which will need to be set up to underwrite the Letter of Credit obligation. M:\home\attomey\ovr-f&g.113 /~ - s.../ It; - ~ -. --...- -----_.~_..- "- '''-.-....--------. RESOLUTION NO. rn~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CALIFORNIA ENDANGERED SPECIES ACT MEMORANDUM OF UNDERSTANDING WITH THE CALIFORNIA DEPARTMENT OF FISH AND GAME RELATING TO OTAY VALLEY ROAD WIDENING, AUTHORIZING THE ISSUANCE OF A LETTER OF CREDIT TO SECURE CITY'S OBLIGATIONS UNDER SAME, AND AUTHORIZING THE MAYOR TO EXECUTE ALL DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the city Council on June 7, 1994, by Resolution 17518, accepted bids and awarded a contract for Phases 2 and 3 of the otay Valley Road improvements within Assessment District 90-2, which phases include improvements to the 1,200 foot length of Otay Valley Road immediately east of Nirvana Avenue; and WHEREAS, in order to implement Phases 2 and 3 of the otay Valley Road Widening Project, the City will need to disturb certain wetlands habitats in the path of the project which are occupied by the endangered least Bell's Vireo; and WHEREAS, any project which causes such a disturbance requires a permit from the California Department of Fish and Game ("Fish and Game") pursuant to section 2081 of the California Fish and Game Code; and WHEREAS, City staff has been negotiating the terms for this permit with Fish and Game which terms are set forth in a California Endangered Species Act Memorandum of Understanding ("Fish and Game MOU"); and WHEREAS, Council approval of the Fish and Game MOU is necessary at this time in order to permit the timely commencement and completion of the road widening project. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the California Endangered Species Act Memorandum of Understanding with the California Department of Fish and Game relating to Otay Valley Road widening, a copy of which shall be placed on file with the city Clerk as Document No. , and authorize the issuance of a letter of credit to secure the City's obligations under same. BE IT FURTHER RESOLVED that staff is authorized and directed to attempt to negotiate modifications or amendments to the approved Fish and Game MOU, subject to approval of the City Attorney, which eliminate or reduce the cost of the City's security obligations thereunder. /êJ-S ,-.----- --_._-_._~_._- --- BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the Fish and Game MOU, the Letter of Credit or other security documents required thereby, and any related documents, in a final form approved by the City Attorney. Presented by Approved as to form by Chris Salomone, Director of ~~t~ Community Development C:\RS\OVR.f&g /Ó--~ -.._--~-.------ --- - - ----.-' . .. ~-_.._-_.__..---- ...... ---. . ___',,_ "MU__________. ..·_u.·..___..._.__ -. Tracking No. 9336 CALIFORNIA ENDANGERED SPECIES ACT MEMO~UMOFmmE~TANDffiG by and between THE CITY OF CHULA VISTA and CALIFORNIA DEPARTMENT OF FISH AND GAME regarding Otay Valley Road Widening This California Endangered Species Act Memorandum of Understanding ("CESA MOU") is made and entered into by and between The City ofChula Vista, hereafter referred to as "the City", and the California Department ofFish and Game, hereafter referred to as the "Department" . The purpose of this CESA MOU, governing the management of the least Bell's vireo, is to provide authority to "take" the identified state-listed threatened and endangered species under authority of Section 2081 of the California Fish and Game Code. The pennitted activities inclúde the project as described in the attached California Endangered Species Act Management Authorization (Exhibit 1) and in the Fish and Wildlife's Biological Opinion on the Otay Valley Road Widening Project's effects on the least Bell's Vireo and coastal California gnatcatcher (Attachment A to Exhibit 1). The described actions are to be undertaken as management activities for the benefit of the listed threatened and endangered species in order that the proposed project does not result individually or cumulatively in the destruction or adverse modification of habitat essential to the continued existence of the listed species. The City's obligations are as specified in this CESA MOU and as further set forth in the California Endangered Species Act Management Authorization, attached hereto as Exhibit 1 and which shall be executed contemporaneously with this CESA MOU. WHEREAS, the City proposes to manage habitat ofleast Bell's vireo, which is known to occur at the project site, and desires to minimize impacts to least Bell's vireo, which is known to occur in the vicinity of the project site. WHEREAS, pursuant to California Fish and Game Code Section 1802, the Department has jurisdiction over the conservation and protection of fish, wildlife, and native plants and their habitat and holds those resources in trust for the people of California: WHEREAS, the Department desires, consistent with the policies of the 1 CESA MOU/City of Chula Vista 11-1-94 I Otay Valley Road )0.. 7 ...__.----~-_.._...- ---------..--------.- -----..-..,--......-..--. ---.--.-.---.----. California Endangered Species Act, that there is pennanent protection for the above-named state-listed species and their habitat to assure the conservation, protection, restoration, enhancement, and management of such listed species. AND, WHEREAS, the City agrees to undertake the management activities contained in this CESA MOU and all exhibits attached hereto. NOW THEREFORE, the parties agree as follows: L DEFINITIONS The following definitions shall govern this CESA MOU: Wildlife - Wildlife sha11 be defined consistent with the definition found at California Fish and Game Code Section 711.2 to mean all wild animals, birds, plants, fish, amphibians, reptiles, and related ecological communities, including the habitat upon which the wildlife depends for its continued viability. ~ - Take shall be defined to include any act without regard to intent which results in the destruction of individuals, populations of individuals, or habitat upon which these individuals or populations rely for the continued viability of the species. (See Palila v. Hawaii Dent of Land and Natural Resources. D. Hawaii 1986,649 F.Supp. 1070, affd. 852 F.2d 1106.) Operation manaiement and protection - These tenns shall mean those actions required, in the discretion of the Department, to pennit the species to function within a natural ecological system. Such actions may include management actions of a legal, biological, or administrative nature. D. DUTIES A. Convevance of Habitat Management Lands 1. The City covenants and agrees to acquire, preserve, restore and enhance 12.66 acres of habitat management (HM) lands as expressly provided below. The City covenants and agrees to transfer in fee or place an easement in favor of the Department or an approved designated agent on the required 12.66 acres ofHM lands to the Department or to an approved designated agent. Such designated agent may include the Nature Conservancy, The Trust for Public Lands, or any other non-profit entity organized for conservation purposes, which is acceptable to, and approved by, the Department. The required HM lands acreage is based upon a biological assessment of the project's impact on listed species and an estimated acreage required to provide for enhanced biological carrying capacity at a replacement location. Management of the species has been detennined by the facts of this application to require 12.36 acres ofHM lands to replace the biological carrying capacity ofJ.09 acres subject to temporary 2 CESA P'OOI City of Chu1a Vista 11-1-94 I Otay Valley Road Ib ..8' _<n_. .. _^m_ _ ,.__,._,'..__.__'______._._ ..~..'.n.._._. ._ _...__._....._._____.___ __._w_., and\or pennanent impact at the project site. An additional 0.3 acres ofHM lands will be used for marsh impacts mitigation. Such replacement habitat will offset the permanent loss and\or temporary disturbance resulting fTom the construction and installation of the Otay Valley Road Widening. The City also shall nùtigate with 1. 41 acres on-site for the temporary impacts of 1.41 acres. 2. The City covenants and agrees to acquire and to transfer to Ute Department 12.66 acres ofHM lands in fee title or with a conservation easement interest acceptable to the Department, substantially in the form of Exhibit 3. This HM land transfer meets the habitat transfer requirements of both Exhibit 1 and Streambed Alteration Agreement 5- 416-92 and the amendmentto 5-416-92 (AttachmentsB and C to Exhibit 1). The City also covenants and agrees to complete the habitat protection activities required by this CESA MOU and all attached and incorporated documents within 12 months of the execution of this CESA MOU. If the City fails to complete the duties identified in this CESA MOU within 12 months of execution of this CESA MOU, the Department, at its option, may demand that the City cure its breach forthwith. If, after 12 months fTom the date of execution of this CESA MOU, any of the acquisition, transfer, protection, or management duties detailed in this CESA MOU, including Exhibit I, are not completed, the Department may draw upon the security to complete the task. Additionally or in the alternative the Department may seek all legal remedies available at law or in equity. 3. AIl HM lands shall be approved by the Department for biological suitability. The documents conveying such lands and the conditions of title shall be approved prior to acceptance by either the Fish and Game Commission or the Department acting through the Wildlife Conservation Board. No approval shall be final until the lands are inspected and evaluated by the Department. The Department of General Services shall review, and the Department shall review and approve, a preliminary title report for the HM lands and the instruments conveying the real property interests to the Department or other entity. The conveyance of the HM lands shall be subject only to those conditions oftitle approved by the Department. B. Habitat Management Lands Protection 4. The City covenants and agrees to conduct the protection activities described in the California Endangered Species Management Authorization as detailed in Exhibit 1 of this CESA MOU and in all other attached and incorporated documents and exhibits. C. Securitv 5. The City covenants and agrees to secure, as provided in section IV of this CESA MOU, its covenant to acquire, place an easement on, and protect 12.66 acres of approved HM land. 3 CESA t()Uf C1ty of Chu'. V1sta 11-'-94 / Ota,y V.lley Road If)..~ - .__._...~-_. ._-,_._-,,-_."._..._~---~--- ~- D. Proiect Mitigation Measures for Species Protection 8. The City covenants and agrees to comply with the project related ßÙtigation measures set forth in Exhibit I of this CESA MOU and in all other attached and incorporated documents and exhibits attached hereto. m. ESTIMATED COSTS The parties to this CESA MOU estimate that the direct cost of acquiring, placing an easement on, protecting, and managing lands will be as set forth below: 1. Acquisition/easement purchase of suitable habitat management lands. Phase I and Phase ill off-site management lands of 6.48 acres have already been acquired. Phase II, purchase of an easement in favor of the Department on6.18 acres of management lands, is projected to be $129,000 ($126,000 for land purchase + $3,000 closing costs). 2. Habitat enhancement, revegetation, maintenance, and monitoring, as required by Attachments Band C, is projected to be $181,000. 3. Notwithstanding the above estimates, in the event that costs exceed the projected amounts, the City shall not be released trom perfonnance of the duties contained herein. In the event that costs of performance of acquisition and protection duties are less than estimated, the City shall retain title to any funds not expended. IV. SECURITY [IRREVOCABLE LETTER OF CREDIT] 1. As security for the performance of its obligations under this CESA MOU, the City hereby agrees to procure and to deliver to the Department upon execution of this CESA MOU an Irrevocable "Standby" Letter of Credit ("CREDIT") in the stated amount of Three hundred and ten thousand Dollars ($310,000), substantially in the fonn attached as Exhibit 2. Such CREDIT shall be delivered to the Department's General Counsel for approval as to fonn. The General Counsel shall then transfer the CREDIT to the accounting officer for safe keeping. The tenn of the CREDIT shall be for a period of not less than 3 years. 2. In selecting a bank or other financial institution as issuer of such CREDIT, the City shall choose an entity which operates an office or branch in Sacramento, California, and at least two other cities within California. 3. The Department shall have the ability to draw any amount up to the Principal Sum of this CREDIT, in one or more drawings, upon default by the City as specified in section V of this CESA MOU. The Department may request a release of funds trom the credit to assist the financing of the City's performance of its obligations hereunder. 4 CESA ~I City of Chu1a Vista 11-1-94 / Ota,y Valley Road )Ô-/I:> -----.-" " '------ _._..,-~-----------_._----- 4. Each demand made upon the CREDIT shall be based upon a reasonable estimate of the costs necessary to cure the adverse effects of the City's default, including, but not limited to, administrative costs and costs for employment of third parties for the purpose of implementing the requirements and goals of this CESA MOU. Administrative costs shall be set at a rate of twenty-five (25) percent of the total of other non-administrativè costs. 5. Within three (3) business days ftom any draw made by the Department on the CREDIT, the Department shall notify the City that such a draw has occurred. The Department shall thereafter allow the City fifteen (15) days to cure such default.' If the default is cured within such time, the Department shall transfer to the City the funds drawn because of the default, less any administrative or other costs proximately caused by the default. If the default is not cured, the Department shall use the funds for purposes of curing the default. 6. Upon timely request and upon presentation of documentary evidence of full compliance with the terms and the conditions of this CESA MOU, including Exhibit 1, the Department shall effectuate a cancellation of the CREDIT if such full compliance occurs prior to the natural expiration of the CREDIT. V. DEFAULT In the event of a default, the Department shall have all rights with respect to the security and all remedies available at law or equity including specific perfonnance, injunction, and without limitation of all rights of a secured party pursuant to the California Uniform Commercial Code. The following non-exclusive list of actions shall constitute an event of default under this CESA MOU: 1. The City has not acquired and conveyed real property interests acceptable to the Department as provided in this CESA MOD. 2. The City has not protected the HM lands according to the terms of this CESA MOU. 3. The City has not complied with the terms and conditions of the California Endangered Species Act Management Authorization (Exhibit 1). VI. DEPARTMENT COVENANTS. WARRANTIES. AND REPRESENTATIONS The Department hereby covenants, warrants and represents as follows: 1. The Department, its designee, or successor shall hold title to and protect all real property interests conveyed under this CESA MOU solely for the purposes of 5 CESA MOUI City of Chula Vista 11-1-94 I Otay Valley Road /0"'// .-..- - .._.._._-_..._------,~~----~--^'-" conservation, protecûon, restoration, and enhancement of those species adversely impacted by the Project. Tlùs covenant shall run with the land and no use of such land shall be pennitted by the Department or any subsequent titleholder or assignee wlùch is in conflict with the stated conservation purposes of tlùs CESA MOU. If at any time in the future the Department or any subsequent transferee uses or threatens to use such lands for purposes not in conformance with the stated conservation purposes contained herein, the California Attorney General, California residents, or private entities shall have standing as interested beneficiaries to challenge such nonconfonning uses oflands transferred herein; and 2. The Department, its designee, or successor shall record on each deed a statement that the lands described in the deed of record have been conveyed to the Department or its successor for purposes of conservation, protection, restoration and enhancement of those species adversely impacted by the Project. Such statement shall be substantially as provided in Exhibit 3. VII. MISCELLANEOUS PROVISIONS A. NOTICES AIl notices and other communications required or pennitted to be given or delivered pursuant to tlùs CESA MOU shall be in writing. Such writing shall be delivered personally, by courier, by telecopy, or sent by first-class or certified mail, return receipt requested. AIl default notices shall be sent certified mail, return receipt requested. AIl such noûces or transmittals shall be deemed delivered upon the earlier of actual receipt or three days after posting by certified mail. APPLICANT Joe Monaco City of Chula Vista 276 Fourth Ave. Chula Vista, CA 91910 DEPARTMENT California Department ofFish and Game Legal Affairs Division 1416 Ninth Street Post Office Box 944209 Sacramento, CA 94244-2090 and REGION Curt Taucher California Department ofFish and Game 330 Golden Shore, Ste. 50 Long Beach, CA 90802 B. ASSIGNMENT 6 CESA MOUI City of Chu'a Vista "-'-94 I Otay Valley Road /Ô,/.J... -----------.- - - --"------ - _.~,__..._._..________.____.._,__._.__. - - -.-00- ___0'_'- _ --- -- --_._~_._- .... . ----------- No sale or assignment of this CESA MOU or any of the rights or obligations thereunder shall be made by any party hereto unless there first shall have been obtained the written consent thereto of the parties; provided, however, that no consent shall be required for assignment or pledge made by the City (a) to any company which shall succeed by purchase, merger or consolidation to the properties of the City; (b) to any parent, affiliate or wholly-owned subsidiary of the City; (c) as security for a debt under the provision of any mortgage, deed of trust, indenture, bank credit agreement, or similar instrument. C. ENTIRE AGREEMENT This CESA MOU, along with the Exhibits attached hereto, constitutes the entire agreement and understanding between the Department and the City for the Project. This CESA MOU supersedes all prior and contemporaneous agreements, representation or understandings, if any, whether oral or written. D. GOVERNING LAW This CESA MOU shall be governed by the laws of the State of California. Actual or threatened breach of this CESA MOU may be prohibited or restrained by a court of competent jurisdiction. E. BENEFIT OF CESA MOU This CESA MOU is solely for the benefit of the People of the State of California by and through the Department or its designated representative. F. FURTHER ACTIONS From time to time hereafter, the City and the Department shall execute such instruments and other documents and take such other actions, upon the request of the other, as may be reasonably necessary to carry out the terms of this CESA MOU. This CESA MOU cannot be amended or modified in any way except by a written instrument duly executed by the City and the Department. Any proposal for amendment or modification must be duly delivered for review and approval by the Director and the General Counsel of the Department ofFish and Game, 1416 9th Street, 12th Floor, Sacramento, California 95814. G. TERMINATION This CESA MOU shall terminate within 5 years fÌ'om the date of execution or upon completion of the terms and conditions contained herein. In the event the CESA MOU terminates by law or judicial action prior to the performance of acquisition and enhancement duties herein, title to the security shall be transferred to the Department by operation of law at the date of the CESA MOU expiration. The Department shall then complete the acquisition and 7 CESA t«JU/ City of Chula Vista 11-1-94 / Otay Valley Road /t'.../.5 -""_._-,- ,..--.--.--.---.---- enhancement duties to the degree security is available. H. EFFECTIVE DATE This CESA MOU shall be immediately effective upon execution by both the City and the Department. This CESA MOU Includes and Incorporates the Following: 1. EXHIBIT 1, the CALIFORNIA ENDANGERED SPECIES ACT MANAGEMENT AUTHORIZATION. a. Attachment A to EXHIBIT 1, the BIOLOGICAL OPINION ON THE OT A Y V ALLEY ROAD WIDENING PROJECT'S EFFECTS ON THE LEAST BELL'S VIREO AND COASTAL CALIFORNIA GNATCATCHER. #1-6-93-F-43. b. Attachment B to EXHIBIT 1, the STREAMBED ALTERATION AGREEMENT NO. 5-416-92. c. Attachment C to EXHIBIT 1, the AMENDMENTS TO THE STREAMBED ALTERATION AGREEMENT NO. 5-416-92. d. Attachment D to EXHIBIT 1, the BIOLOGICAL ASSESSMENT FOR ENDANGERED SPECIES ACT CONSULTATION ON THE OTAY V ALLEY ROAD WIDENING PROJECT, BY PSBS. 2. EXHIBIT 2, SAMPLE IRREVOCABLE "STANDBY" LETTER OF CREDIT. a. Attachment A to EXHIBIT 2, the CERTIFICATE FOR DRAWING. b. Attachment B to EXHIBIT 2, the CERTIFICATE FOR CANCELLATION. 3. EXHIBIT 3, SAMPLE CONSER V ATION EASEMENT . 8 CESA MOU/ C1ty of Chula V1sta lo../~ 11-1-94 / Otay Valley Road ^ _..._",._.._--,----~- ._-"-----._.~-- IN WITNESS WHEREOF, THE PARTIES HERETO have executed this CESA MOD to be in effect as of the date last signed below. By: f!L~ By: Date: //-(6 - 'L.[ Date: Boyd Gibbons, Director California Department ofFish and Game Sacrwnemo,C&uornia By: Shirley Horton, Mayor Approved as to form: Date: //-/tJ -?'V Approved as to form: Bruce M. Boogaard City Attorney IÓ-/~~ CESA MOUI City of Chula Vista 11-1-94 I Otay Valley Road .u_..__._.,+___,._..._________~_ -'-" Tracking No. 9336 EXHIBIT 1 CALIFORNIA ENDANGERED SPECIES ACT MANAGEMENT AUTHORIZATION FOR CONSTRUCTION OF Otqy Val/ev Road Widenin~ and UP'l"(1dPS (phases 1.2 and 3b) San Die~o County Citv ofChula Vista SUMMARY The City of Chula Vista (hereinafter "the City") has requested an Authorization for Management of endangered species pursuant to California Fish and Game Code Section 2081 for the proposed widening and upgrades ofOtay Valley Road (hereinafter "Project") located in Chula Vista, San Diego County. The Project will temporarily or permanently modifY 3.09 acres of potential habitat for one state- and federally-listed endangered species. This species is the least Bell's vireo. It is also habitat for a federally-listed threatened species, the California gnatcatcher. It is the detennination of the California Department ofFish and Game (hereinafter "Department") that acquisition, enhancement, transfer in fee or placement of an easement, and long-term management of 12.36 acres of habitat for least Bell's vireo at a location acceptable to the Department will offset the impacts of the project and result in preserving core areas for the species which may help achieve sustainable populations. An additional 0.3 acres is mitigation for marsh impacts, creating a total mitigation site of 12.66 acres. It is also the Department's detennination that the project, as mitigated, will not result in jeopardy to the continued existence of the listed species and may, through the acquisition of habitat lands, protect the species rrom further degradation. ACTMTY DESCRIPTION The City proposes to widen Otay Valley Road, and work jointly with the County of San Diego's Otay Valley Road Bridge replacement project. The project site is located on Otay Valley Road, rrom the 805 Freeway to approximately 9,000 linear feet east of the Freeway, in the City of Chula Vista, County of San Diego. The site vegetation cuITently consists of willow riparian woodland, mulefatltamarisk scrub, rreshwater marsh and coastal sage scrub. The project will result in permanent loss of3.09 acres of vireo habitat and.3 acres of marsh. In addition, 1.41 acres will be temporarily impacted. /tJ.../éø --"-- -........- - --_._-----,~-_._~_._- LISTED SPECIES Based on biological studies of the project site and adjacent areas, one state- and federally-listed endangered species may use the project area. This species is the endangered least BeU's vireo (Vireo bellii pusj1lus). A summary of the vireo's life history infonnation follows. Least Bell's vireo The least Bell's vireo, a State and Federally-listed endangered species, is a small, grayish songbird with one or two faint white wing-bars, whitish below and with gray sides. The vireo is insectivorous. It is distinguished ftom other vireos in southern California by its distinctive song, small size, gray color and lack of eye ring. Males and females are virtually indistinguishable and are approximately 12 cm long. Formerly common and widespread in California and northwestern Baja California, the species now numbers between 300 and 400 pairs north of the border. It is restricted to riparian woodland and is most ftequent in areas that combine an understory of dense young willows (Sa/ix sp.) or mulefat with a canopy of tall willows. The Vireo's decline is due to loss of riparian habitat combined with parasitism by the brown-headed cowbird (Molothrus mer), which lays its eggs in Vireo nests, reducing the Vireo's reproductive success. The Vireo typically arrives in San Diego County in late March or early April and leaves for its wintering ground in September. It is known to winter only in southern Baja California. Since the Vireos build their nests in dense shrubbery 3 to 4 feet above the ground (Salata 1984, SEB 1989), they require young successional riparian habitat or older habitat with a dense understory. Therefore, riparian plant succession is an important factor to maintaining Vireo habitat. Nests are also often placed along internal or external edges of riparian thickets (USFWS 1986). Four pairs of Vireos have been observed using the riparian area within the project area in the 1993 surveys (pSBS 1993). EFFECl'S ON LISTED SPECIES The proposed work would result in the direct loss of habitat which hosted three pairs of Vireos during the 1993 season. The loss of the riparian groves would be expected to eliminate potential breeding habitat for this species forcing relocation and potentially reducing breeding success during subsequent nesting seasons. The project would have partial infiingement into willow groves occupied by a fourth pair during the 1993 season, which would increase noise levels in the vicinity. The project will permanently impact 2.87 acres ofmulefatltamarisk scrub, 0.22 acres of willow riparian woodland, and 0.3 acres fteshwater/alkaline marsh. This results in the permanent loss of 3.09 acres of vireo habitat and 0.3 acres of marsh. The marsh is considered a buffer but not vireo habitat. In addition, the project will temporarily impact 0.62 acres ofmulefatltamarisk scrub, 2 Mgmt Authorization\ Section 2081 10-19-94 !Otay Valley Road Widaning fi() - I ? _"_P'_n'_'_ .m_·__._,·._··.. ----,-.-- ._+~~,~+ 0.04 acres of willow riparian woodland, and 0.75 acres offteshwater/alkaline marsh. This results in 1.41 acres of temporary impacts. HABITAT MANAGEMENT LANDS In association with this project, the City shall acquire, transfer to the Department or place a conservation easement in favor of the Department on, preserve, restore and enhance 12.66 acres of habitat management (HM) lands. The City has already acquired 6.48 acres of off-site management lands. The City shall also mitigate with 1.41 acres on-site for the temporary impacts of 1.41 acres. The City shall provide for initial habitat protection of the HM lands, including but not limited to fencing, trash removal, or other measures as required by the Department. Upon execution of the Memorandum of Understanding (MOU), the City shall provide the Department with a letter of credit in the amount of $310,000, with $129,000 of that amount to secure transfer in fee or purchase of an easement on 6.18 acres, and with $181,000 to secure habitat enhancement, revegetation, maintenance and monitoring. The acquisition, improvement, and maintenance of the mitigation land will allow for its management for threatened, endangered, and/or candidate species in perpetuity. The acquired parcel in combination with past and future acquisitions will provide sufficiently large core areas for the management of the affected species. SPECIFIC CONDmONS REQUIRED BY THE MANAGEMENT PERMIT The Department hereby adopts the Federal Biological Opinion for the Otay Valley Road Widening and Upgrades (phases 1,2 and 3b) and Otay Valley Road Bridge (phase 3a) as our findings (see attachment A to Exhibit 1). The Department adopts the required mitigation measures contained therein under reasonable and prudent measures and terms and conditions as required for the issuance of the Department Code Section 2081 Endangered Species Management Permit for the project. All terms and conditions shall become part of the 2081 Permit and shall be enforceable by the Department. In addition to the specified mitigation measures, the Department also requires the following to satisfy Section 2081 : 1. Within 12 months of issuance of this 2081 MA, the City (or its agent) shall acquire and transfer to the Department or an approved designated agent 12.66 acres of habitat, in fee title or with a conservation easement, for the affected species in a location acceptable to the Department and USFWS. Immediately upon execution of the MOU, the City shall transfer to the Department a standby letter of credit in the amount of$310,000 to secure land or easement purchase, habitat enhancement, revegetation, maintenance, and monitoring of the lands. 2. No construction activity (except for fine grading with a D4 grader, backhoe, and/or skiploader; utilities placement; roadway surfacing; placement of drain boxes; curbs and gutters; fencing; guardrails; striping; lighting; landscaping; and irrigation) shall occur within 750 feet of 3 Mgmt Authorization\ Section 2081 10-19-94 IOtay Valley Road Widening 10 -- If -------~--^.".,-_._----_._-----_...,.._,---,_._.,-._" "'-- " --..-- _ _"_',.m -- ----..---- an occupied least Bell's vireo nest. Those excepted activities listed above, or other activities approved in writimz by the Department, may occur within proximity to occupied habitats provided they are limited to daylight working hours after 11 :00 AM. 3. Monitoring by a qualified biologist approved by the Department shall be done during the construction period to ensure compliance with the above conditions. Regular monitoring of vireos shall be conducted as a part of the work. Should behavioral patterns of identified vireo pairs (monitored a minimum of three times per week) exhibit stress or reactions to the project's work, work believed to be causing behavioral changes shall cease immediately and further ûming restrictions and/or work restrictions shall be coordinated with the Department prior to resuming work. 4. Specific work areas and all ßÛtigation measures are described onfm the plans subßÛtted by the Operator, including "Biological Assessment for Endangered Species Act Consultation on the Otay Valley Road Widening Project Chula Vista, California", prepared by Pacific Southwest Biological Services, Inc., dated September 27, 1993, and shall be implemented as proposed unless directed differently by the Department. 5. All conditions within Streambed Alteration Agreement 5-416-92, signed March 3,1993, and the amendment to 5-416-92, dated December 20, 1993, shall become part of the 2081 Pennit. 6. The ßÛtigation site of 12.66 acres (both restoration and enhancement areas) shall be protected for fish and wildlife use in perpetuity. A wildlife conservation easement shall be recorded on the property, as described in 5-416-92. Any actions contrary to the purpose of the site shall be subject to Department approval. 7. No weed abatement, road maintenance or other activities shall take place within the stream and/or within native habitat, unless such an activity is first approved by the Department. 8. The City shall designate a specific individual as a contact representative between the City, USFWS, and the Department to oversee compliance with protection measures detailed in this MA, Attachment A, the Streambed Alteration Agreement No. 5-416-92 (Attachment C to Exhibit 1), and the Amendment to the Streambed Alteration Agreement No. 5-416-92 (Attachment D to Exhibit· 1). The City shall provide written notification of the contact representative to the Department and USFWS within 30 days ofMA issuance. Written notification shall also be provided by the City to the Department and USFWS in the event that the designee is changed. 9. The Department requires notification equivalent to that provided to the USFWS, including timely notice of noncompliance, take, and other periodic reports. The Department contact person shall be Mr. Curt Taucher, Environmental Services Supervisor, Department o~Fish and Game, 330 Golden Shore, Suite SO, Long Beach, California 90802. 4 Mgmt Authorization\ Section 2081 10-19-94 /Otay Valley Road Widening !tJ,¡1 .' - -_._-"._---------~_._--~- --....- ---_.~.--------._-- -"-_._--. · 10. If the project is changed significantly in a way not discussed in the Federal Biological Opinion, or ifnew information concerning least Bell's vireo or probable impacts trom the project on the species becomes available, a new or amended Section 2081 Management Permit will be required. DISCLAIMER II. Upon timely satisfaction of the conditions of this California Endangered Species Management Authorization, the City will have satisfied the State's endangered species requirements, and understands and recognizes that this agreement does not constitute or imply compliance or entitlement to proceed with the project, with regard to laws and regulations beyond the authority and jurisdiction of the Department. The City has independent responsibility for compliance with any and all applicable laws and regulations. 12. Following execution of the CESA MOU and issuance by the Department of this California Endangered Species Management Authorization, the City's decision whether or not to proceed with said project shall be voluntary, and subject to all other pertinent law and regulations. As such, the City will hold the State of California and the Department ofFish and Game harmless, in any violation of the law, lien, suit, or claim of injury or damage which may result trom any aspect of the project, including fulfillment of the obligations under this MA and the CESA MOD. DEPARTMENT FINDINGS If the above-written conditions of this MA and the MOU are implemented in a timely manner, as provided herein, the Department finds that the construction of the project will not result in jeopardy to the continued existence of the listed and candidate species and may through the acquisition, revegetation, management and protection of habitat lands, protect the species trom further degradation. CALIFORNIA DEPARTMENT OF FISH AND GAME BY: TITLE: DATED: 5 Mgmt Authorization\ Section 2081 10-19-94 /Otay Valley Road Widening I tJ -c)l; - ~_._______.__..____._.____._________ .0- .__._...__.._~_._.____._.__.___ ----,--...,---..-- -- ---._----_._-~-----"_.. LITERATURE CITED PSBS. 1993. Biological Assessment for Endangered Species Act Consultation on the Otay Valley Road Widening Project Chula Vista, California; Pacific Southwest Biological Services, Inc. Unpublished report for U.S. Army Corps of Engineers and City ofChula Vista Salata, L.R 1984. Status of the Least Bell's vireo on Camp Pendleton, California: report on research done in 1984. Unpublished report, u.s. Fish and Wildlife Service, Carlsbad, California SEB. 1989. Status of the least Bell's vireo on Marine Corps Base, Camp Pendleton, San Diego County, California in 1988; Contract No. M00681-87-M-6153-7. Sweetwater Environmental Biologists. Unpublished report for U.S. Marine Corps. USFWS. 1986. Endangered and threatened wildlife and plants; Least Bell's vireo; detennination of endangered status, and reopening of comment period in the proposed critical habitat designation. U.S. Fish and Wildlife Service. Federal Register 51(85) 16474-16483. 6 Mgmt Authorization\ Section 2081 10-19-94 /Otay Valley Road Widening ¡lO-d.-1 //~ -;LO- -.----..-........-..-.--.- -------"-.-,-+. ".--- COUNCIL AGENDA STATEMENT Item I) Meeting Date 12/20/94 ITEM TITLE: Resolution /7 7~' Accepting bids and awarding contract for custodial services from January through June 30, 1995 for the Parkway Recreation Complex and the Women's Club. SUBMI'ITED BY: Director of Public Wor Director of Finance I ¡í REVIEWED BY: City Manager l' 7 (4/5ths Vote: Yes_NoX) Bids were received and opened at 2:00 P.M. on November 18, 1994, in the office of the Purchasing Agent for contractual custodial services for the Parkway Recreation Complex and the Women's Club. RECOMMENDATION: That Council award the bid to the lowest responsible bidder, American Building Maintenance, who met all required specifications. BOARDS & COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: In May 1994, the Policy Analysis and Program Evaluation (PAPE) Division of the Management and Information Services Department finalized a review of the Custodial Services Division of Public Works in order to determine how best to provide custodial services to the new South Chula Vista library and to make recommendations regarding other vacant positions in the division. On June 13, 1994, Council approved budget supplemental report No. 19 authorizing contracting custodial services at Parkway and the Women's Club per the P APE study, with a proviso that staff compare the cost between contracting out vs. hiring in- house staff to insure that the most cost-effective solution was selected. PAPE's recommendations were made in response to current economic conditions and budgetary constraints and the City Council direction for 1993-1994 to maintain existing service levels and avoid layoffs of current, permanent employees. The intent of the P APE recommendations was to minimize the budgetary impacts for 1994-95, and subsequent years. Based on the recommendations made in the study, it was recommended that 1.5 FfE existing custodial staff be reassigned to the new library upon its anticipated opening in January 1995. In order to accomplish this reassignment, it was recommended that janitorial services at the Parkway Recreation Complex and the Women's Club be contracted out to a private contractor in January 1995, thus relieving 1.5 FfE for reassignment to the new library. PAPE's recommendation to contract solely for custodial services at the recreational facilities was made because the tasks performed by the custodians at these facilities are mostly janitorial in nature and are easier to contract. The date for the grand opening of the new library has not yet been finalized, however custodial staff will start maintaining the library in mid-January. At that time the 1.5 FfE custodial positions will be moved to the library. When the P APE study was completed, the facility was under construction and the allocation of a 1.5 position was an estimate based on a straight comparison of square footage at the Civic Center Library. The South Chula Vista Library is near completion and Public Works Operations' staff has concerns that 1.5 staff may not be sufficient due to the special features such as small windows, high ceilings, large amounts of tile floors, indoor fountains and garden areas in the South Chula Vista Library which require substantial maintenance. Staff will evaluate custodial services at the new library and, after its opening, determine if staffing needs to be modified and, if necessary, return to Council. /J.- / _u__" _ ____ .---.-----.-...---.... ....-.....------.-----.------.- Page 2, Item ) / Meeting Date 12/20/94 The PAPE review also recommended contracting of janitorial services at the Lorna Verde Recreation Complex when the next full-time custodial vacancy occurs and after we have had some experience with the contract at Parkway. It should be noted that the custodial services at Lauderbach Recreation Center have been under a contract since the City took over the center in 1986 (Service was contracted out when the center was still part of the County system). In addition, the Sweetwater Union High School District is currently considering contracting out its custodial services at the Community Youth Center, which is shared with the City and the Boys' and Girls' Club. Bid packages were mailed to five (5) vendors in the San Diego area with three (3) responding. The following is a summary of bids received: Monthly Rate I Month Summer 5 Months Winter Rate Rate * Summer Rates (5 Day Service at = 6 day service at Parkway & 5 day Parkway Complex & HOURLY RATE FOR CONTRACT COST Service Women's 5-day Service EXTRA SERVICES (If SEMI-ANNUAL BIDDER Club) Women's Club requested by City) JAN - JUNE 1995 American Building Maintenance Parkway $2,351.79 $2,704.64 $8.50 HOUR $14,463.59 Women's Club $575.94 $575.94 $3.455.64 $17.919.23 Jani/King of California Parkway $2,980.00 $3,320.00 $13.50 $17,770.00 (4 HR. MINIMUM) Women's Club $620.00 $620.00 $3.720.00 $21.490.00 Padre Janitorial Parkway $5,015.00 $5,845.00 $15.00 M-SAT $30,920.00 $18.00 (SUNDAYS) Women's Club $435.00 $435.00 $2.610.00 ,$33.530.00 The low bid of American Building Maintenance meets the required specifications and is acceptable. American Building Maintenance (ABM) is recognized as one of the leading companies in the building service industry nationwide, has been in business since 1909 and is financially stable. Staff has checked references and conducted on-site impromptu inspections of facilities maintained by ABM and are satisfied with ABM's performance. 1/":2. "._-_.-.~"---_.. -------- Page 3, Item .LL Meeting Date 12/20/94 Analvsis Currently the City has one full-time Custodian I position with benefits servicing the Parkway complex and a part-time (.50) position without benefits servicing the Women's Club. An additional 309 hours are used annually at the Parkway Complex in order to compensate for time off. The following is the cost comparison: FACILITY CITY STAFF Parkway Complex Position Cost 1. 0 Custodian I @ Estep $32,611.00 309 hrs. @ $15.68 @ Estep & benefits 4.845.12 $37,456.12 *Part-time 6-day service during summer (3 mos.) $2,446.08 104 hrs. @ $23.52 Women's Club .50 Custodian I @ E step/no benefits $11.908.00 SUBTOTAL $51,810.20 Annual ABM Contract - 36,191.31 Savings $15,618.89 *Note: The 6-day service during summer at the Parkway Complex is not being done at present by our custodial staff. Parks & Recreation staff requested the enhanced service be bid with the contract. FISCAL IMPACT: During the FY94-95 budget process, the City Council appropriated $23,040 in the custodial budget account 1471- 5298 for six months of service at Parkway Gym and Women's Club. The total amount of the contract from January 1995 to June 30, 1995 is $17,919 resulting in a savings of $5,121 in the current year. If satisfied with the contractual services the City has the option of extending the contract for an additional year at the same rate. In the event that the contractor fails to perform or take corrective action, the City has the right to: 1) Reduce the contract price to reflect the reduced value of the services performed on the next month's invoice; 2) Have the services performed in conformity with the agreement and charge the contractor any costs incurred by the City; or 3) Terminate the agreement for default. The cost for full year service including the summer extended service for 3 months is $36,191. m:\h.omc\cnginur\agc.nda\custodal.iq Attachments: Attachment A - Budget Supplemental Report No. 19 and PAPE Custodial Study Attachment B - Council Meeting Minutes of June 13, 1994 (excerpt) A"""_ C - Nooœ '" B_~ ("""fi"";; ~;T/ -1- ._-_.._--'"--~----~------------_._,.._.".."'-- RESOLUTION NO. / ??ty RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR CUSTODIAL SERVICES FROM JANUARY THROUGH JUNE 30, 1995 FOR THE PARKWAY RECREATION COMPLEX AND THE WOMEN'S CLUB WHEREAS, the following five bids were received and opened at 2:00 P.M. on November 18, 1994, in the office of the Purchasing Agent for contractual custodial services for the Parkway Recreation Complex and the Women's Club: Monthly Rate 5 Monihs Winter Rate (5 Day Service at 1 Month Summer Parkway & 5 day Rate * Summer Rates HOURL Y RATE FOR Service Women's = 6 day service at EXTRA SERVICES (If SEMI-ANNUAL BIDDER Club) Parkway Complex requested by City) JAN - JUNE 1995 American Building Maintenance Parkway $2,351.79 $2,704.64 $8.50 HOUR $17,919.23 Women's Club $575.94 N/A $575.94 Jani/King of California Parkway $2,980.00 $3,320.00 $13.50 $21,490.00 (4 HR. MINIMUM) Women's Club $620.00 N/A $620.00 Padre Janitorial Parkway $5,015.00 $5,845.00 $15.00 M-SAT $33,530.00 $18.00 (SUNDAYS) Women's Club $435.00 N/A $435.00 WHEREAS, the low bid of American Building Maintenance meets the required specifications and is acceptable and American Building Maintenance (ABM) is recognized as one of the leading companies in 1 //..,5' ._.,,_._~_.,._._._-_._.. ' -...-- .-.-.,-.,..-,-..-..-.....-------.-........-- -- the building service industry nationwide, have been in business since 1909 and are financially stable. NOW, THEREFORE, BE IT RESOLVED the City council of the City of Chula vista does hereby accept bids and award contract for custodial services from January through June 30, 1995 for the Parkway Recreation Complex and the Women's Club to American Building Maintenance. 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 ~ John P. Lippitt, Director of Public Works c:\ps\parkway.cus 2 ))-¿, ,-'.-.-'------'----.---..- -~_._. . -.-...---...-- - ._,----,~.- , ~ :11) / c.... ~ A May 24, 1994 Supplemental Budget Report .~ TO: The Honorable Mayor and city Council VIA: John D. Goss, City Manage~ . FROM: Shauna Stokes, Principal anagement Analystfi~ SUBJECT: Review of CUstodial Services Division - Publ ic Works Department The Policy Analysis and Program Evaluation (PAPE) Division of the Management and Information Services Department recently completed a study of the Custodial Services Division. Attached is a copy of this review for your information. A summary of the recommendations , is provided in the first three pages of the report. The recommendations from the study have been incorporated in the proposed FY1994-95 budget for the Public Works Department, and are highlighted in the City Manager's budget transmittal message for this department. copies of this study are also being provided to the department staff and to the Chula Vista Employees' Association (CVEA). . . _..~~ .- ........-... - ...',,.... ~~ I/-? . '. -.-. - . . - .___.. __ _______,____ _____ __..______.w,·_..____~~_.___ - --- . , . City of Chula VISta REVIEW OF CUSTODIAL SERVICES DMSION PUBUC WORKS DEPARTMENT MAY 1994 . . Conducted by: Policy Analysis and Program Evaluation Division (PAPE) Marty Chase, Specilll Projects MaDqer Shauna Stokes, PrincipII ManlBementAnlllyst Gerald Young, SeDior ManlBement AssistUlt . P JJ-~ . . , ACKNOWLEDGEMENTS We would like to personally thank the following individuals who gave considerable help, support and/or advice during the study and who provide a very essential service that is very much appreciated: Frank Alvarado, Mario Arredondo, Barry Edwards, Willa Givens, Gregg Hanson, Conley . Kershaw, Ismael Luna, Victor Magallanes, Ricardo Mam1Ío, Ignacio Mendez, Frank Padilla, Jracsema Quilantan, Chuck Schrader, Manuel Solorio . - ~ )/~I /\ i . ,..-------- ---------" -_..._----.~.- , SUMMARY OF RECOMMENDATIONS One of the main recommendations made in tlùs report is to contract janitorial services at Parkway and Lorna Verde Recreation Facilities. This recommendation in no way reflects upon the work of City employees. Indeed, we have 1ùgh regard for the Custodial Division and our opinions were generally echoed in a "customer" survey of City departments conducted by the Policy Analysis and Program Evaluation Unit (pAPE). The recommendation to contract simply reflects 1) the financial constraints currently facing 'Chula VIsta and 2) the goal of providing service to the new South Chula VIsta library without increasing existing staffing levels. Our recommendation to contract janitorial services at the two recreational facilities Jnvolves no layoffs of existing employees. In addition, the services performed by the custodians at these facilities are "janitorial" in nature (e.g. dusting, vacuuming), tasks w1ùch are easier to contract out, rather than the more customer service-oriented tasks such astable and chair set ups, timely clean up of spills and on-request maintenance performed at other City facilities. The report's recommendations are summarized below, and the recommended costs and savings are shown in Anachment B. Cust~ Services for the New li~ lA. Contract the janitorial services at the Parkway Recreation Complex for five day per week service when the new library opens (January 1995), AND THEREBY lB. Free up the needed 1.5 FrE staff time, in conjunction with adding .025 FrE in overtime, to provide custodial service to the new South Chula VlSta library. NOTE: The first year "savings" from contracting Parkway for six months are estimated to be $4,289. plus an additional one-time savings of $2,780 in equipment costs. Other Contractual Recomm.en~ations 2- To reduce costs in future budget yean and help avoid any layoffs of current pennanent staff, contract the janitorial services at Lorna Verde Recreation Complex for five day per week service when the next full time custodian vacancy occurs. NOTE: The first year ·savings" from contracting Lorna Verde for a full year are estimated to be $6.181. plus an additional one-time savings of $910 in equipment costS. 1 p//~/Ô . 3. In January, 1995, when the Parkway contract is bid: - Re-bid the existing contract for janitorial services at Lauderbach Center. -- Assess the pros and cons of contracting out custodial service at the Chula VISta Women's Club. .- In conjunction with the Sweetwater Union High School Disnict, assess the potential for contracting out janitorial services at the Community Youth Center, NOTE: The School Disnict should be notified as early as possible of the City's intent to soliÖt bids for janitorial services so that they can plan accordingly, and cordder making a joint bid. 4. Using a small amount of the savings from contracting out, add funds for one day additional janitorial coverage in the contract (six days total) for the peak summer months: .- $506 for June coverage at Parkway in FY 1994-95 and corresponding amounts for June, July and August for FY 1995/96 - Proponionately smaller amounts for additional coverage at Loma Verde whenever it is contracted S. The Custodial and Recreation Divisions should meet to detennine who should have responsibility for administering the contracts for janitorial service at the recreation centers. (NOTE: The divisions have since met, and the Custodial Division will be responsible for administering the contract, and the Recreation Division will assist with monitoring and joint inspections.) . ~ 6. Purchase new maintenance equlpment using non-general fund sources as detailed in an earlier PAPE memo dated November 9,1993 (Artaclunent A) and for the Main library using general fund money ($267). It is important to note that the proposal to contract services at the recreation centerswW avoid the need to replace older, existing equlpment, thereby resulting in a one-time savings of $2,780. 7. Provide $600 in additional funds for janitorial supplies for the Police Department, to cover the expense of purchasing more effective disinfectant for the jaB c:e1ls to help prevent the spread of AIDS and other more effective floor cleaner which should require less applications and improve producdvity. The Custodial Division 2 ~//~// ,), ,: I c·,/' _..~_. ._~------.._...- ---~----_.__._._-_.- --- . is presently experimenting with various products and the additional funds should be provided only if the experiments are successful. Non-Janitorial Tasks 8. Using savings from the contract, add $1,892 to the Custodian Division budget for hourly wages (@ $6.6095 per hour) for a ·Custodial Helper" to help with room setups and tear downs at Nonnan Park Center and other locations as needed. TemDOrarv Positions 9. 2.S of the 10.S Custodian-J positions authorized by Council are filled with temporary employees, pending completion of the PAPE review. To provide needed flexibility in staffing assignments (temporaries are not allowed in the Police Building, for example) and reduce nalning costs resulting from turnover of temporaries (40% since the Fall of 1992): A. Fill 1.0 of the 2.5 FIE positions currently filled by temporaries with pennanent staff in July 1994 B. Fill the remaining 1.5 FrE positions currently filled by temporaries with pennanent staff in January 1995. The Division Head should have the flexibility to fill the positions on a full-time or part-time basis, pending resolution of the MOU issues regarding shift differential pay specified within the repon. Qperational~an2es 10. Custodial Division staff review suggestions from the customer survey, PAPE interviews and from PAPE staff and make any changes in procedures as warranted. These suggestions are detailed in the repon. 11. To best ensure that maintenance costs are considered when new City facilities are constructed or existing facilities are remodeled, Gregg Hanson and Barty Edwards should be involved early-on in the design process. ..*******...*************** 3 ~//-/;¿ . . I. BACKGROUND \ The PAPE Division was asked by the Building SeIVices Superintendent and the Budget Manager to conduct a study of the Custodial SeIVices Division, wlrlch would include recommendations for staffing the new South Chula VlSta library and addressing the 2.5 FI'E vacant custodial positions CUlTently being filled by temporary workers. . A. Current Staffing The Division currentlyemp10ys: '* 1.0 FTE Custodial Supervisor '* 3.0 FTE Custodians D '* 8.0 FTE Custodians I '* 2.5 FTE Custodians I (currently being filled by five temporary workers) * .5 FTE Custodian I (999 hours) for the Women's Club *15.0 FTE Total Positions B. Temporary Workers In place of filling the 2.5 FTE positions budgeted on a pennanent basis, the Custodial Division was allowed to lùre five 999 hour temporary workers, pending completion of the P APE study. These temporary positions are always paired with a full time emp10yee, and are currently assigned to : - Main llbrary (.5) - Public SeIVices Building (1.0) - Loma Verde (.5) - Nonnan Park Center (.5) W1úle the Division has been p1eased with the work of the temporaries and the current $cheduling flexibility (hours of work), problems arise in a lack of flexibility regarding staff assignments (temporaries cannot be used to fill·in at the Police Department for example, or to wotk alone) and their rather high turnover rate (40 percent over the last one and one·half years). C. Duties of the Custodians "Custodians" differ from "janitors" in that, in addition to cleaning, they 1) perfonn minor maintenance such as fixing plumbing stoppages (the Civic Center llbrary receives an inordinate amount of resttoom vandalism), making small furniture repairs and doing light 4 ~J/-JJ , ~', --.-....--.----.----------..-- , fixture relamping, 2) providing night time security and 3) doing numerous table, chair and movable wall set-ups and tear-downs (set-ups and tear-downs at Nonnan Park Center presently take 15 + hours per week). With the 1ùring of Bany Edwards as the Supervising Custodian. an even greater emphasis has been placed on customer service. As the Supervising Custodian has noted. "we service the people. not the building." Custodians' schedules have been adjusted to allow for a majority of heavy cleaning during the evening or early moming hours. with enough after-S 'am hours to allow for set-ups. emergency cleaning and repairs and specialized service. Even so. several users in our survey expressed a need for more custodial services. . D. Oty Facilities Maintained The custodians are responsible for cleaning all City facilities with the following exceptions: .- the Community Youth Center (wroch Is t'UITently cleaned by School District- employed janitors but is expected to be conn-acted out in the near fu~e), - the Eastlake Ubrary (wroch is cleaned by School District custodians). - Lauderbach Center (wroch continued to be cleaned by conttact after the Montgomery annexation) and - the Chula VlSta Nature Center (wroch employs one Nature Center Maintenance Specialist). - the fire stations (wroch are cleaned by Fire Department personnel. except for the Administtation and Fire Prevention offices at Station #1). Many of the City facilities are heavily used b"y the public: - the Ovic Center library is open 7 days per week for 64 hours. - the Police facility is in use 24 hours per day. 7 days per week, - Nonnan Park Center operates 7 days per week, - other recreation centers, gyms and pools are open 7 days per week (except pools wJùch have more l1m1ted winter hours); - the new South Chula Vista library is anticipated to be open between 44 - SO hours per week. S µ-- I)~/Y , - . Typically, however, these facilities are only staffed for five·day primary custodial service, with Saturday seIVice being limited to cleaning resttooms and emptying ttash at the Public SeIVices Building, Civic Center library and Police Department. E. Workfare Workers The Division relies heavily on County welfare workers to supplement the work of existing staff. Currently, they are used at the Civic Center IJbrary on an ongoing basis to remove . graffiti from the exterior and from bookshelves, dust bookshelves, and pick up trash from around the exterior of the building. They are also used at the Parkway complex for removal of graffiti on the exterior and for picking up trash. The number of workers assigned daily varies from four to seven people, working between two and four hours per day, 5 days per week. While some of these workers are not productive, without them, the work they perfonn would simply not get done by existing staff. ..*..--..-.........-....-..-- n. MAJOR ISSUES The PAPE review focused on five primary issues: 1. The need to provide custodial seIVice to the new South Chula Vista IJbrary; 2. The status of the 2.5 budgeted positions presently filled by temporary workers; 3. The need expressed by the Parks and Recreation Department for more janitorial seIVice at the recreation centers (the locker and shower areas in particular must adhere to suict cleaning standards to meet health code requirements and are inspected monthly by the County Health Department); 4. The increasing non.Janitorial workload involving room set·ups and tear·downs; and 5. The need to upgrade equipment within the CUstodial Division. .*.*.*.*********..********..*** m PROVIDING SERVICE TO 1HE soum CHUlA VISrA UBRARY In assessing options for providing custodial services to the new library, several principles 6 ~ //-"/ç" , \ . . ... ,......._.--_._--.------~_.._--""--.__.__....,- .._,-,_...., ----_._-~_._-~_._._--- · were applied. These guiding principles were responsive to the current budget realities facing Chu1a Vista as well as to previous Council direction for the FY1993-94 budget year: - Avoid layoffs of current, permanent employees; - Avoid lùring additiona!, permanent staff if economically viable a!ternatives exist; - Minimize the six·month impact of providing custodial services to the new library on the FY 1994/95 budget; and - Minimize the budget impact of annualizing custodial services for the new library in future years. Using these guidelines, P APE evaluated the alternatives of adding staff versus contracting out services to meet the specific needs of the South Chu1a VISta Library. A- An Additional 1.5 FIE Custodians Wou1d Be Needed to Service the South Chu1a VlSta Library There are no firm guidelines concerning the idea! nwnber of custodians per square foot of building space. Such standards wou1d in fact be highly subjective, depending in large part on 1) the range of tasks and qua!ity of service desired and 2) the specific usage of the building space. In assessing staffing needs for the South Chu1a VISta Library, PAPE started by looking at current staffing levels at the main Civic Center Library. The'table on the next page provides a comparison of total square footage and public square footage for the Civic Center and South Chu1a VISta Libraries. Important points to note are: - While the Civic Center Library has 18,000 more gross square footage than the South Chu1a VISta Library, the amount of high usage, "public" square footage is quite close: 34,200 (Civic Center) to 31,500 (South Chu1a VISta). - Other factors operative at a library facility impact staffing levels (such as the need to provide mid·afternoon and weekend resttoom cleaning and the need for reliable backup support), independent of square footage considerations. - Vandalism, the use of library restrooms by the homeless, graffiti and other related problems are seriously Impacting the current workload at the Civic Center Ubrary. It is anticipated that the opening of the South Chula Vista Library will lessen these demands but, in the short-run, prior to this opening, some additiona! allocation of custodial time to the Civic Center Ubrary may be necessary. As such, the CUITent staffing level may itself be an unrealistic "standard". 7 þ-t-tJ jj-/ J; - . It TOTAL PUBUC SQUARE SQUARE LIBRARY FOOTAGE FOOTAGE STAFFING CMC CENTER 55,000 34,2.00 1.6875 . SOUTH CHULA VISTA 37,000 31,500 1.5 Based on the foregoing considerations, It is felt that an additional 1.5 FrE employees would be needed to adequately serve the new South Chula Vista Ubrary. Any staff time needed for additional cleaning would be handled by shifting existing staff, except for .025 FrE which would be handled most cost effectively through overtime. It is important to note that It is assumed that workfare workers, currently used at the Civic Center Ubrary, will also be available at the new library and that the closing of the Castle Park and Woodlawn libraries wiD free-up a small, but imponant amount of custodial time. Should a decision be made to keep the Woodlawn facility open, it is recommended that City custodians not maintain It. B. The Conttact Option In considering options for conttacting, two primBIY alternatives were assessed: 1. Contracting out service to the new library itself OR 2. Contracting out some existing work in order to free-up the staff time needed for providing service to the South CV Ubrary . Conttacting out the new library was considered to be the more problematic alternative given that duties would involve substantial table/chair set-ups and tear-downs (for public meetings, theracy classes, etc.) as well as mlnor repairs currently done by custodial staff, which were not pan of the infonnal bid (described below) and which are typically priced much higher than standard janitorial tasks. In addition, the new South Chula Vista library will be a showplace fadllty and .should reCe1ve a high level of service, a guarantee which can most readily be accomplished by the Oty'. own custodial staff. Therefore, PAPE looked at conttacting out otherOty buDdings, using the foUowing guidelines: the tasks should be easny definable, . - - 8 ~ //-/7 l\ . / k) In' \:->, ___ ___~.__ ____.__________..___._,__ ..._._,_.,_._______._._.__~_ __ __m . . -- the work should be primarily janitorial in nature, e.g. not requiring minor repair work, set-ups and tear-downs, etc, and -- the contract should free-up the needed amount of staff at the right time. Given these criteria, PAPE detennined that of all existing City facilities, the recreational facilities, Parkway and Loma Verde, offered the best opportunity for contracting out. Further review indicated that contracting Parkway in JanullI)', 1995 would, in conjunction . with other minor changes', free up the requisite 1.5 FrE staff time. (parenthetically, the High School District is considering contracting out the City's Community Youth Center, w1úch is shared with the City and Boys' and Gir1s' Club). The one City facility that is currenrly contracted out is the LaudeIbach Recreation Center. The City has contracted janitorial services at Lauderbach Recreation Center for the past eight years (janitorial service was also contracted out when the Center was still part of the County system). The contract service has been acceptable and is comparable to service perfonned by City custodians at the other recreation facilities. C. The Budget Impact of Contracting Out Versus Hiring Additional Staff In order to assess the economic feasibility of contracting out Parkway, PAPE solicited an infonnal bid from American Building Maintenance (ABM). ABM is the largest private janitorial service in the United States. The ABM bid was $2,808.18 per month, or roughly $1.02 per square foot. T1ús bid was very competitive with the maintenance costs at other City facilities. Based on t1ús infonnal bid, the six month contract cost for 5-day service at Parkway would be $16,849. The comparative six month cost for 1úr!ng 1.5 FrE employees to service the new library wquld be $21,138. The first year "savings" from the six-month Parkway contract over the hiring option (based on an "A!B" salllI)' step level) are estimated to be $4,289, plus $2,780 in one-time equipment cost savings. T1ús six month cost difference may be somewhat understated since 1) the contract cost is based on a bid from ABM, the "General Motors" of private janitorial contractors, and a lower bid from a credible . contractor uûght be forthcoming and 2) the cost of the 1úr!ng option is based on the City's entry level; "A" step salllI)' level, w1úch will escalate by 20% over the next three and one- half years based solely on merit step increases. The FY 1994/95 net budget impact of providing for custodial services to the new library will be lower than the six month contract cost estimate of $16,849, because the gross budget impact is mitigated by various recommendations discussed in subsequent sections I Jnc1udinslime freed up with the c10SÌDS of the Woodlawu cd Castle "ark libraries. 9 )/~J~ ~ . of the report. Taking these other recommendations into account, the net"YY 1994/95 budget impact will be $8,542.2 A detailed costing of all the recommendations is contained in Attachment B. For FY 1995/96, the net budget impact of providing custodial service to the new library is estimated to be $33,698. Tlûs reflects the fact that 1) some savings used to reduce the FY 1994/95 budget impact were for a full year while the costs themselves were only for six months and 2) some cost savings were only applicable to FY 1994/95. Thus, to further reduce the cost to the City it is proposed that janitorial services to the Loma Verde Recreational Facility be conttacted out the next time a full time vacancy occurs. Currently, just over 1 FTE employee is devoted to Loma Verde. Based on the price quote for Parkway and current staff salaries ("E" Step) and the cost of replacing the "E" Step custodian with an "A/B" Step custodian, the net, first year savings to the City of conttacting Loma Verde would be $6,181. Contracting out this fadlity would help to offset the increased budgetary impact of servicing the new library. D. If the Conttact Option is Selected Given the public health standards required of the recreation centers (including monthly inspections by the County Health Deparnnent), it is imperative that quality considerations be considered prominently in the bid process. A large finn with adequate backup and supervisory capacity, as well as one that has experience with (and good references for monitoring) similar types of facilities is a must if the conttact option is to work wen. E. The Conttact Process: Who Does What Given their complementary knowledge, it is important that staff from both the Custodial Division and Recreation Division be involved in detailing the bid spedfications. Once the conttact is let, there is a need for routine, on-going inspection. From PAPE's standpoint, this inspection responsibility is best handled by recreation center staff. There is also the need for conttact administtation. There are sound reasons as to why each division should be given tIùs responsibility and valid reasons why each division should not take on this responsibility. It is recommended that staff from these divisions meet to "negotiate" this issue. (NOTE: The divisions have since met and agreed to having the Custodial Division administer the conttact and peñonn site inspections with Recreation staff. The Recreation Division staff wiD also monitor the peñonnance of the conttactor on a regular basis.) *************************** a NOI1-penonnel sWt-up COlIS larequlpment azul supplies are iIIdueleel ill the Ubrazy azul Public Works Departmel1u operatins buelseu anel are Dot aelclresseel ill this report. . 10 ~////7 .. i ¿)t- ^ -..-. "-- ~---,---- . IV. 01HER ISSUES /'IS noted in the previous section, the Parkway facility contract cost for FY 1994/95 is estimated to pe $16,849, based on the ABM bid. However, the net FY 1994/95 budget impact for ail of the recommendations contained in the repon, including the contract option, is $8,542. The various savings, cost-offsets and added costs wruch are factored into the $8,542 figure are detailed below and summarized in Attachment B. A.. Other Costs for Servicing the South Chula VJSt8. libraI)' , In both the contract alternative and 1ûrlng option, there are $1,570 in additional costs associated with providing service to the new libraI)'. These are 1) $983 for overtime and mUeage reimbursement on Monday· afternoons to provide afternoon restroom cleaning (any additional staff needs for Tuesdays through Saturdays will be provided by changing existing staff responsibilities) and 2) $587 should a shift differential be necessitated by specific staff reassignments. B. Custodial Services to Nonnan Park Center (NPC) The 1.5 FfE employees at NPC are presently spending 15 + hours per week on set-ups and tear-downs for classes, reducing the time available for cleaning this vel}' busy facility. To help alleviate the problem, it is recommended that a ponton of the contract ·savings·, $1,892, be added to the Custodial Division's FY 1994/95 budget for a custodial·helper", paid at $6.61 per hour (equivalent to the pay of a Recreation Aide, as approved by the Personnel Depamnent), to help with set-ups at NPC and other locations as needed. For a full year in FY1995-96, the cost of this position would be $3,784. . c. Jarútorial Services to Parkway and Lorna Verde Reaeation Centers Because of increasing public usage, it is recommended that $506 be added to the contract for Parkway (based on the ABM pid) to provide for six day janitorial coverage during June, one of the peak summer months. In FY 1995/96 it is recommended that sufficient funds be allocated to provide for six day janitorial coverage during June, July, and August. When services for Loma Verde are contracted, it is recommended that proportional amounts be allocated from the contract savings to provide for similar six day coverage during the peak summer months. - . . 11 ~ J//2tJ . . . D. Custodial Services to the Women's Club Revenues generated at the Women's Club facility need to fully reimburse the City for custodial services provided at the Club, both on a routine basis and for spedal events. These services are currently provided by the Custodial Division through hourly wages. The Park and Recreation Department has asked that when the contract for Parkway is bid, that Janitorial and custodial services also be bid for the Women's Club, It is not known at this time if the cost ~f hiring a conttactor would be less than the cost of the existing .5 'Custodian, given the varying schedule of activities and the number of table and chair set ups and take downs. E. Temporæy Custodians Funding is included in the division's budget for the salaries and benefits of 10.5 FTE Custodian-I positions. Currently, 2.5 of these positions are being filled with temporæy workers pending completion of the PAPE review. To provide nt;eded flexibility in staffing assignments (temporaries are not allowed In the Police Building for example) and to reduce training costs resulting from turnover (40% over the last year and one-half), it is recommended that the 2.5 positions be filled with pennanent staff. However, to reduce the FY 1994/95 budget impact of providing services to the new libræy, it is recommended that: - 1 FTE position be filled July, 1994 - . 1.5 FTE positions be filled JanulUY, 1995 To maintain maximum flexibility in staffing assignments, it is recommended that the Division Head be given the option of filling the p~anent positions on a full-time or pan· time basis. In so doing, the City may need to meet with Chula Vista Employees' Association (evEA) to revise the Memorandum Of Understanding (MOU) pertaining to shift differentials. The CUITent language, which specifies that a differential is earned when employees are "scheduled to work a majority of their shift after 5:00 p.m. or before 8:00 a.m. " was not Intended to be applied, as such, to pennanent part-time employees. It would appear then, that employees working a 5·9 a.m. shift, for example, would receive Just the regular payl. Should a clarification of this MOU section not be worked out regarding pennanent part.time employees, it must be recommended that any positions which are not to be tilled on a full-time basis remain as temporaries, to avoid any obRgation for paying the differential. F. Equlpment/SuppRes Given the age and frequency of repair of current equipment (some custodians have - 12 ~ ///2/ , . j . ... brought in their own vacuums while City equipment was out of service), it is recommended that four stand-up vacuums, two pona-vacuums, three buffers and a shampooer be upgraded. (The new shampooer/extractor should enhance productivity since it will take only one person to operate compared to twO persons for the existing equipment.) As detailed in a memo dated November, 1993 (Attachment A), most of the new equipment, totalling $5,799, can be purchased (rom non-general fund sources. One vacuum for the Civic Center Librmy, totalling $267, will be purchased using general fund . money. This cost is more than offset by the $2,780 one-time savings in equipment upgrades w1úc:h would be needed for the recreadon centers if they were not contracted out. The Division is currently experimenting with various cleaning products in the Police Building to test their durability and/or effectiveness in helping prevent the spread of AIDS and other infectious diseases. Should the experiments prove successful, it is recommended that $600 be added to the Division's supply budget for purchase of these supplies. G. General Procedural Issues As previously noted, P APE's dtyWide survey of custodial care was generally favorable. It is imponant to note, however, that several users, including Parks and Recreadon, feIt that their custodial needs were not getting suffident attendon. . The fonowing suggestions are provided for review by the division. These suggesdons were generated from the survey, PAPE interviews or by PAPE staff themselves. 1. Post a sc:hedule for cleaning and restocIdng of restrooms at the main City buildings so that other City staff is informed of that sc:hedule (e.g. "This restroom is cleaned Monday. Friday at 6 a.m. and 11 a.m."). 2. Consider having the night custodian no longer clean the Public Services Building on Saturdays. On Wednesdays· Fridays, have this custodian devote 1·11/2 hours at the new librmy, with less time at Public Services Building (PSB). 3. Clarify who launders the mops, and dries the mops and rags. 4. Establish a key policy, w1ûc:h would address who should have keys to w1ûc:h building, times buildings are to be loc:lced, access to the keys by tempormy and part-time employees, etc. S. Inform department heads about the frequency and types of cleaning done in their departments. 13 ~-KO ///.2:1- ~--~-- _.~-~.. . -- - -- ----- . 6. Have the Custodial Division consider the following options to reduce the amount of time spent emptyingwastebaskets: 1) have individual employees be responsible for emptying their personal ttash receptacles into centtally placed receptacles wItlùn departments; 2) remove all individual employees' trash receptacles in favor of centrally placed receptacles within departments; Illd 3) have custodians empty individual employees' wastebaskets on a monthly rather than daily basis. Since recycling bins and boxes' are now used for paper, cans and plastic containers, the ttash containers should be used only for wrapping and food waste. (NOTE: Food waste must be disposed of daily for odor and pest control.) 7. Look at ways to reduce vandalism in the library restrooms by investigating use of automatic turn on/off faucets, stoppers for sinks, and hand dryers. The custodian currently spends on average 1-2 hours daily to unplug clogs in the restrooms caused by destrUctive, mischevious vandalism or homeless people washing themselves. 8. In the Civic Center library, where two conference rooms are available, have one of the rooms set up in a standard configuration for larger meetings. This change should help reduce the frequency of meeting set·ups (which typically alternate between large and small groups). . . ." 14 ,A-n //---023 _.,__.________.._.__n . _ ___.__..... - ---------..---. . usr OF ATIACHMENTS Attaclunent A: November 1993 memo regarding purchase of equipment Attachment B: Summary of costs of recommendations regarding contracting and miscellaneous expenses , . 15 ~///.2y I\ttacnment 1\ , . . November 9, 1993 TO: John Goss FROM: Many Chase RE: . Equipment For Custodial Maintenance .. John, . PAPE, in conjunction with Public· Works Operations, is reviewing the City's custodial staffing needs. The review will be completed in time to fnc:orporate recommendations into the FY 1994/95 budget and will include an assessment of c:ustodial needs for the South ChuIa Vista Ubrary. An. area of immediate concern is the need to upgrade and expand the division's maintenance equipment, i,e. three buffers have from 15·20 years of service (and are in mo\1S stages of malfunction) and on several occasions c:ustodial staff have bad to bring in their personal vaC\lum cleaners while City equipment was being repaired. We have been able to identify non.general fund SO\l1'Ces for two·thirds of the division's high priority items and are requesting YoW' approval to purchase this equipment (detailed in Attachment A) during 1bh fiscal year. The new equipment willI) lower repair expenditures; 2) improve productivity and, in some instances 3) reduce overtime (the proposed replacement shampooer, for \lSe in the library and other large areas, requires only one person to operate while c:wTent equipment, with . separate extractor, requires two c:ustodians). The total equipment cost is $5798.99, broken down as foUows: fYND SOVRCE ~ Redevelopment Agenr:y $ 266.36 Public Facilities DIP $s.s~2.6~ -corporation yard $1,038.13 $5,798.99 -Civic Center $2,755.52 -Fire $ 859.74 -Police ~ $5,532.63 . The Redevelopment Agency has funds in their current budget which they are wDlin¡ to \lSe to procure the custodiaJ equipment. The mo\1S Public Facilities DIP accounts have funds available (the Corporation Yard, Civic Center and Fire components have substantial fund balances; current fees or fees "unencumbered" from prior CIP projects would be \lSed for ~ //-~ . . . ~ ___ _____ __~__ ___'M__" _"._...__._,__.....__.__.._ . Police building expenditures). As an option, the department could use sa!ary savings to cover the PFDlF expenditures and reimburse the Genera! Fund in FY 94/95, thereby generating $5,532 in "additiona!" revenue (or next fuca! year. The Budget Manager has endorsed the request and recommends the aforementioned option of using sa!ary savings this year with reimbursement from the PFDIF next year. . . . cc: Barry Edwards Gregg Hanson Dawn Herring Irascema Quilantan Shauna Stokes Jerry Young . . . . .-7~ J/~;2? 'Z! .0::, go ~ : .. ::.. :: ; ói "', -- ;;;... "! .c... 0- .... ... _, - 0- £i . ~ ~ !Ì I : 't : ¡. Ìt! ~ ¡ e ~ ~ ~ ¡ z: e ~ II! i m Š! ~ ..... ... .N'I e:: .."",,80. .....S...W!NCJ'o'O "C ..' w . W I Oft ... " -C ~~ - _~ f . ' __ S a ., "':;:8 Ii:: Ut t' 9 ~¡.. ~ f.!~~i:§, ~ 'a &- 0» a »srl! ' --i~~a~ .. "". :t .~ '" r- ...... ... <0('"'1 .'" ;;1 : .. I : iii: § r _:: .5 is; ~ ï!- r ~ ß __.1 ..... ...¡ ::tR ",... J:: ---2 l;::~ ..: ::- ..- tll i:lli!'f··:: a . _N' .. ,"0 _ ~&. .. ":I ~ n... 115 - :U· 1Ii:";:.:ë( "'~ '1 _aN .. i~¡" ~: 't -~ it- 1£ I~ti _ . _1.5 f.. 'it! s. =t- : i;C -¡ i:S ¡ ~i iii a= a ~"" - _c3 - ... .Þ ;i ~ ~ i!! ! ;¡ ~I·- a == 115 !Iii ~ i. ¡ þ ¡ !~ ow i ' J, ... I I " . ~ , I· ' . -' . .. _ ___tilt . - .. ¡as !:':Cõ E:!: E !: !1C!1e: - ~I~ p.~:~~ - ~: ~~ · Z:~=~~~·i:U ! t ... a"''''''' ~ ¡¡¡' 8'" '" """'IS;¡- ... , ~ =:~~ '" : ~ <0 ... .: S ~ " ~11Ii ..... ~~ ~ iii ð!.. ~ &,~~p",p ~ ~ ... GÈ -....... · ---~'f! ... ; ; ii II! I Ii i !i1it!i i ~ ~ -i ~ ~ If -a r- I ill. ! I ¡ i - , ~i i ! · ~ a I'" í a t~ Ii II i! ;i I ! !¡ - ~ i II " I J ::I! Ii II - . -" = I ¡ i I i ~ - . 1 .. ß---#t //~;2 ') (lAU¡t9L J>At:.é )\"' , '_'~m"_'''' _. ,___________ .'._____.__..,_.__.. .._.___~._ __ . - This Page Blank - , . ~ )//c2y .... . .., ~ " . . , Mm. JUJle 13. 1994 Cltr~ Pale 10 13 Mayor Nader requested that tM Amphitheater be put under hi~ comments for di_..inn at Ihe June 21. 1994 ~iD¡with an invitation 10 both parties who were intenos.ed in Ihis pRljoct 10 come make a p_talion 10 the full Jtedevelopment A¡OIIcy 10 that every vOlin, member c:uuld hear the ~om""tinll pmlCl!'llls. Mayor Nader felt thaI projects which _ted Iona-term, ,nod employment hase for Ihe Cily. auch as the Hi TedllBio Tech Zone and IECA. and a lot of the thin¡~ lilllell umler the Community Developmenl Specialist 11 . lleadiD¡. aucb as use of the HUD Section. 108 loan pnnt.. were thinls which would belp ....in and llpand .ww.¡ INsi--, altnet _~. and produce ....1 jobs for Chula Vista. 'J1Iose were the lIIiD¡s Wbich Ibould ad the lOp priorily 011 discretionary dollln within Community Development. Items aucb as the Impl_latiém of the Civic: Center Master Plan or lons-nnae planninll for new luto dealerships. be wwlcl nther lei alide. 11IeIe __ thin,s which .-ded 10 come under the cli_5SÍon of 1M CommUJIity Devclopantllud,et. 111 Requesl rrom Cultural ~rIs Commission ror adclitiQIIIII bullate! runds. (~lolII with 132 Request rrom Cultural ~rIs Commission ror FV 94195 Aclditlonal luclllel Funds; ancl133 S&IIt_ nf Potential Partnersblp .nth S..twater Union Hi¡h School District ror UIIe of the Eu...LaJ¡~ PcrfonnifIIC Arts Center) City Muqer Oou allied that there _ an initial report on MlY 20th and ilell\ll 32 and 33 were IIIOfC _t reports. Mlyor Nader aid there _ I statement on ilem 32 nn pare 3 lhat IIItt5lhe Cily Attorney advilled asainst ntaioio, die lIistÍDS part-time Cuhunl Aft!¡ Coordinator.. an inckpendcnl contlXtor. It WLS hi~ underIIIndins that the City AltoI'Dey çJaimed this _ an issue which -*' to he eIIamined. He lISked if lhe Cily Attomey had ,~ed - further advice __ June 1st? Mr. Valenzuela lilted thaI the City Anomey ...., not NIIChIred any "'vi... to him. AI the time. lie had mentioned Ibe _tncNal and part-time anplo)'1lC issue. .. tdSC (FoxlMoOn) 10 approve IIaII1"s recommencMlon on 132 tu aUlhoriiW rundillt In the amount or $1,265 10 that _ Cammlssloner could attend tbe NALAA CClnferl!ll~'e In JIIM 1995; but hold in ahl7anœ the nmalnln¡ nquesls palllin¡ resolution with the Sweetwllter Union Hi¡th Sc:bool Didrid ....ardln¡ Joint ... ., Øae ",...1""e Perfonnllll Arts Center. Approved 400-1 (Horton ahølt). .. fa ReYIew or Custodial Services DI.1sIon . Puhllc WurJu¡ Department. Mayor Nader asked ir_ had.-lwel any ÍDpUI From CVEA or rMII any uf!he Fmnt.linewodten·on tbisitem? PriDcipaI tot_.-t Anal)'lt Stolt. lilted that 11Ift' had -' inilially with all the cuÅtndians and ..... ..tiva or CVE.\. AlIhat lima. the CVEA pNJidtnt dicl II".. CCIIo.cemS with _lntClin, DIll an)' kind of IIIV.. Mayor Nader lilted Ills undenIandinS _ that II _t beyond the Unillll '. cae",,", with _lntCliq; ...... were __ Ibat _tncIÍII, IIIIY not lie CICIII eft'OICIÏw. . tots, Stolt. JIlted the luUdin, SeMoa superintendent aoliciled ÍDfonnI¡l bid. and .-Ived - From AIM AtdI . CoatnclÍDS Asency. The bicl came in a I¡nl. bit _than what.. _ ~~tly payin, CIIIIOCIians. Wa \law aJao _1aCIed other ciIies in the Slate who _tntCI _ or a\l of lheir ClPlllcJiallllfYicea. 'I1IoIe ooata - also Iq1II1Io or .... than the AIM IIicI whiell_ _ved. 1'he ~lIIndian~ cJiclapnllll -- -- tilth oaatncIÍDS audt II _rity or the racllity and ......._)' allUllinn~ wilen die cantnoctor would IICII "" awilahle and the cuatocIil!ll would \law 10 handle the probl.ul. Althnup lhew were wlicl_c:ems. 11- felt !hey_Id lie handled iD the _Inet or administntiwl)' b)' the clepartment. . . fJ ~//~~I '1\ _.__-0_'-_ m -. \' Paae \I Mayor Nader fell we mOllld bIId,et for .NiCOl and not hind oUT1IClvc.' 10 a paniclllar decision at this point. He _ed if the current bIIdaet recommendation _Id allow 11510 ao in .ilher direclion orwollld we Deed \0 chanae wIIa1 _ rec:ommended in order 10 ,ive ounel- that nexihility? - 8udact M_,er Herrine reaponded that we CÓIIld aD Ihead and do the hids for the contfllCtin. Ollt. If they did Dot look aPProPriate and ilwasn'l aoina 10 be 10 our advanta.... \" continue that contract, we COIIld look back at ..rr. w. probably _Id ",ve 10 COllie back to Council with IO~ minor 8IIjWllmenltl within the buIIael. . . I Mayor Nader wanted \0 be wr)' clear that in wtio, for this hIIdllllt recommendation. he elielllOt want lIil vote IDIerpreted as directina ..ff 10 contract Ollt. He upoctOll thallllloft' WOIIld 10 hack and do IOIIIe wodt 011 this. If it IIøDed out lhat to act all die lefVi_ we ~ by contl'llCt -.- of "lICIItiClllJlhle COlI .ffoocti_. he did DOt _t ...ff 10 COllIe back with a CIOIItract ..... elidn't provicJc the ....i_ we n_OII. or if CIOIIlncline - cost ell'ectiv. bIIt reqllired more dIan what _ budalltOlll. then IIIIorr _ 10 - ...c~ with the I\IJIPI_taI reqllellllp 6œt aacllIØI with a cIIan,. order ill the middle of the CIOIIlncI. Jo. m ......lW In Sout" ClluIa Vista Uhral1's Hours. - Cit)' M-aer Goss"IOIIIthal the referral would .xtend Ihe Lihrary·. Satllrday hmars from 1().6 and SUnday's boIIn 6011I1-5. Library Director Palmer ..ted thaI they had informally lold the no;identsthat the Council _Id he cansiderina closure of the Woodla_ Library. and they also mailOll noticetllo alllhe residents of lhe Woodlawn OOØIIIIIII\ily lhat 6is iaœ _ before Council. The notices _lout 01\ TlICI'IIay. and he has ~wd one call. ~ Qupt'~IØII MOON fell We shollld ~ die Woodlawn Lihrary. hilt wcllhould alllO offer a ·canol· by lIIOdifyina tile IIICC for a combiDalioa of a self service lihrary/_Iion room. CauDciIIDUl 1liDCIone fell thaI we 1II000Id live the IXImmllnity a chance and have the lihrary oren òn SUndays for at ....the first sill months. If the lihral)' _ under ulilized. lhen we could ..10... the library. .' MSF (1linclonelFox) to approve dtt ncammencllltltm IU extend llIe Iihnll1l1ou1'5 ror Saturcllly IW. Motion failed 2-2-1. (FOil. ~ yes. Moore. Nader DO. Honon a""""I). MSC (RincIone1Fox) to exlend Ibt SuncIa)·ltoun I-S.Motion canied 3-1-1 (Moore DO. HorIOII ~t) . 121 LibrarJ Board arT,....... . ...en....tlon on Clullina WDOCIJ¡a- Park LIhrarJ· MSC (MooreIFox) to cØe Woodla- Park UhrarJ; ofI'er dat IIJ'IIUP lbal - dat huIIdina lhe opportunity III ..ocIir11bt Ubral1lp11ce to _blne a IrocItptnIhnI, .oIunlctI'~tecl Ulmt11/nc1'111tlon 1'00III; runcllbt appropriate _ounI ror Ibt -' oIlIIOCIifJlna tilt "ace; Pel aullulÑt ItaI1' to ofI'er donation 0I1Itt books. Nadoo caniad 4-0-1 (HortOII at.nl). .. m ........... J)eptIrtIniat surr.... . a- _ eli--' at tIw IÌIM of CIOII·:·l«aIion of die r.r-neI D. ~ "a "'pL .,. ... . 124 Sunønar1 or Collections Suptr'Ybor l'u!åtion's bnpllCt OIÌ FY M R"""",, . c.npllM willi Rmriut . þmatts ~tecl to c-dl in IIIe FY M Budlle! Camnltllllll')'. - An infomwtional ¡_. . ~ J/~JO ? - .- . -- ..._-- --.-- - - --...--...., .--... ---~~ --~-- ----- ....--- - Qø~ C CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 1 . NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN. THAT SEALED PROPOSALS ON A FORM OBTAINED FROM THE OFFICE OF THE PURCHASING AGENTS. 315 FOURTH AVENUE. SUITE P. CITY OF CHULA VISTA. CALIFORNIA. WILL BE RECEIVED AT SAID OFFICE UNTIL 2:00 PM ON THE 18TH DAY OF NOVEMBER ,1SH-AT WHICH TIME SAID PROPOSALS WILL BE PUBLICLY OPENED AND READ FOR FURNISHING TO THE CITY OF CHULA VISTA: CUSTODIAL SERVICES ALL BIDDERS ARE HEREBY REFERRED TO THE SPECIFICATIONS. BIDDING INSTRUCTIONS AND REQUIREMENTS ON FILE IN THE OFFICE OF THE PURCHASING AGENT FOR FULL DETAILS AND DESCRIPTION OF SAID PRODUCTS OR MATERIALS REQUIRED, AND PROCEDURE IN BIDDING. THE SAME BEING BY THIS REFERENCE INCORPORATED HEREIN. A WALK THROUGH WILL BE CONDUCTED OF THE TWO LOCA TIONS.· BIDDERS SHALL MEET AT PARKWA Y GYM, 385 PARKWA Y ON NOVEMBER 4, 1994, A T 9:00 AM. ALL BIDDERS ARE REQUIRED TO A TTEND. BIOS WILL NOT BE ACCEPTED FROM BIDDERS WHO 00 NOT ATTEND. ALL QUESTIONS RELA TED TO THE SERVICE AND SPECIFICA TIONS WILL BE ADDRESSEO AT THA T TIME. IF REVISIONS TO THE SPECIFICA TIONS ARE REQUIRED, THEY WILL BE MADE AND MAILED OR FAXED TO THE BIDDERS IN A TTENDANCE WITHIN 3 WORKING DA YS. THE CITY'S TECHNICAL REPRESENT A TIVE IS GREGG HANSON, BUILDING SERVICES SUPERINTENDENT, TELEPHONE NUMBER (619) 691-5110. THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS OR ANY PORTION OF ANY BID, OR TO WAIVE ANY IRREGULARITIES OR INFORMALITIES IN THE BIDS OR IN THE BIDDING. NO BIDDER MAY WITHDRAW HIS BID FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE SET FOR THE OPENING OF THE BIDS. ALL BIDS MUST BE SUBMITTED IN SEALED ENVELOPES PLAINLY MARKED WITH BID NUM\lER AND TIME SET FOR OPENING. BIDS RECEIVED AFTER TIME SET FOR OPENING WILL BE REJECTED. JAMES V. ESPINOSA PURCHASING AGENT CITY OF CHULA VISTA DATED OCTOBER 29 ,19iL ß-tj/-J/ \-"1!r . I ,.-,'- - - ________.nd_ -.-.'- -=. ft___ .. CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 2 . PROPOSAL REQUIREMENTS. I IN THE EVENT THIS BID IS DULY ACCEPTED. THE CITY SHALL PURCHASE. AND DOES HEREBY PURCHASE. FROM VENDOR THE SAID PRODUCTS AND MATERIALS ABOVE DESCRIBED. ACCORDING TO THE TERMS AND CONDITIONS HEREIN CONTAINED AND REFERRED TO. FOR THE PRICES AFORESAID. AND HEREBY CONTRACTS TO PAY FOR THE SAME AS ABOVE SET FORTH; AND THE SAID PARTIES FOR THEMSELVES. THEIR HEIRS. EXECUTORS. ADMINISTRATORS, SUCCESSORS. AND ASSIGNS, DO HEREBY AGREE TO THE FULL PERFORMANCE OF THE COVENANTS HEREIN CONTAINED. II VENDOR DOES HEREBY WARRANT THAT HE WILL COMPLY WITH ALL LAWS OF THE CITY OF CHULA VISTA. COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THE FEDERAL GOVERNMENT. RESPECTING THIS SALE OF GOODS. AND DOES FURTHER WARRANT THAT HE HAS GOOD AND SUFFICIENT TITLE TO THE SAME AND WILL SUPPLY TITLE TO THE SAME. , AND DOES FURTHER WARRANT THAT THE SAID GOODS SOLD HEREUNDER ARE GOOD MERCHANTABLE QUALITY AND ARE SUITED FOR THE USE FOR WHICH THEY ARE INTENDED. III PAYMENT SHALL NOT BE MADE TO VENDOR UNTIL AFTER THE DELIVERY OF THE GOODS. AND DELIVERY SHALL BE MADE F.O.B. TO THE CITY OF CHULA VISTA. AND THE SAID PURCHASING OFFICER OF SAID CITY SHALL BE NOTIFIED OF THE TIME AND PLACE OF DELIVERY. IV VENDOR SHALL BE LIABLE FOR LOSS OR DAMAGE TO SAID GOODS TO DELIVERY TO AND ACCEPTANCE BY THE CITY OF CHULA VISTA AND ITS DESIGNATED OFFICER. V IN ALL CASES. WHEREVER PRACTICABLE. PRICES QUOTED SHOULD BE NET INCLUDING ALL TRADE DISCOUNTS. CASH DISCOUNTS OF LESS THAN 16 DAYS WILL BE CONSIDERED NET. CASH DISCOUNTS WHEN GIVEN WILL BE FIGURED FROM DATE OF RECEIPT OF INVOICES. PROVIDED COMPLETE DELIVERY OF THE ORDER HAS BEEN MADE. IF TESTS ARE NECESSARY. CASH DISCOUNTS WILL BE FIGURED FROM DATE OF ACCEPTANCE OF TEST REPORT BY THE PURCHASING AGENT. VI PRICES ON BID SHALL BE FIRM. PRICES NOT SUBJECT TO ESCALATION, IN THE EVENT THE SPECIFICATIONS PROVIDE FOR ESCALATION. THE MAXIMUM LIMIT SHALL BE SHOWN. IF NO LIMIT IS SET TO ]HIS ESCALATION. THE. BID SHALL NOT BE CONSIDERED. IN THE EVENT OF A DECLINE IN MARKET PRICE BELOW THE PRICE BID. THE CITY SHALL RECEIVE THE BENEFIT OF SUCH DECLINE. VIII BIDDER'S GUARANTY: NOT REQUIRED ON THIS BID. ALL BIDS SHALL BE PRESENTED UNDER SEALE" COVER. PROPERLY IDENTIFIED AS A BID. ~ //~3.2 CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 3 . BID AND OFFER TO CONTRACT CITY OF CHULA VISTA, CALIFORNIA PURCHASING DIVISION 315 FOURTH AVENUE, SUITE ·P" CHULA VISTA, CA 91910 TELEPHONE (619) 691-5141 THE BIDDER, HEREINAFTER SOMETIMES CALLED CONTRACTOR. ENTERS HIS/ITS BID AND OFFERS TO ENTER INTO THIS CONTRACT WITH THE CITY OF CHULA VISTA. HEREINAFTER CALLED CITY, THIS 1STH DAY OF NOVEMBER . 1SH-, AS FOLLOWS: THIS BID. AND OFFER, WHEN DULY ACCEPTED BY THE CITY. SHALL CONSTITUTE THE CONTRACT BETWEEN THE PARTIES. I CONSIDERATION OF THE PAYMENTS AND AGREEMENTS HEREIN MENTIONED TO BE PERFORMED BY SAID CITY, AND UNDE~ THE CONDITIONS EXPRESSED HEREIN AND IN THE PROPOSAL REQUIREMENTS, BID FORMS AND THE SPECIFICATIONS HEREUNTO ANNEXED AND BY THIS REFERENCE INCORPORATED HEREIN, CONTRACTOR AGREES WITH THE SAID CITY, AT HIS OWN PROPER COST AND EXPENSE, TO FURNISH CUSTODIAL SERVICES DESCRIBED HEREIN AS DETAILED IN SAID SPECIFICATIONS TO THE CITY OF CHULA VISTA. ~ //'JJ ~ /1 µ \ '. ) "- -."..-----.-. - -- --" ...-....-...-.-. .__._"_._-,..~-_._~_.__._- -- ---,.--...-...--...- CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 4 Bid must be signed by a responsible officer or employee. · Please type name adjacent to signature. · If Bidder is a Corporation, please imprint 88al on executed bid. City will pay applicable SaleslUse Tax. · Please DO NOT include Sales/Use Tax in Bid. EXHIBIT A BID FORM THE UNDERSIGNED HEREBY OFFERS, SUBJECT TO ALL SPECIFICATIONS, TERMS AND CONDITIONS HEREIN, TO FURNISH CUSTODIAL MAINTENANCE SERVICE AT THE RATES INDICATED IN ACCORDANCE WITH THE ATTACHED SPECIFICATIONS FOR THE PERIOD JANUARY 2,1995 THROUGH JUNE 30, 1995. SERVICE RATE MONTHLY SEMI-ANNUAL FACILITY Qðï SQ. FT BðR AMOUNT PARKWAY GYM, POOL, SEPT-MAY CENTER PARKWAY GYM, POOL, JUNE-AUG CENTER HOURLY RATE (AS . INDICATED BY BB) WOMEN'S CLUB HOURLY RATE FOR . SPECIAL EVENTS (AS INDICATED BY·' TOTAL COST FOR PERIOD JAN 95-JUNE 30, 1995 . THE CITY OF CHULA VISTA MAY ELECT TO EXERCISE AN OPTION TO RENEW THIS CONTRACT FOR AN ADDITIONAL ONE YEAR PERIOD AT THE PRICES AND CONDITIONS HEREIN STATED BEGINNING JULY 1, 1995 THROUGH JUNE 30, 1996. WILL THIS OPTION BE GRANTED? YES _ NO _. ARE THE RATES FIRM FOR OPTION YEAñ? YES _ NO _. IF RATES NOT FIRM, MAXIMUM _% OF INCREASE. ~//-Jt/ - - CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 5 ACCEPTED THIS _ DAY OF ,1994 BIDDER/CONTRACTOR (PRINT OR TYPEI PURCHASING AGENT BY (Signature) TITLE ADDRESS CITY STATE_ ZIP DATE TELEPHONE FAX NO. . - ~ ) J#';JS' 1 __~..__._._..._..~._._,___.__...._.__._.,_.._____...._....__.u ,______.--___..___ CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 6 SPECIFICATION FOR JANITORIAL MAINTENANCE SERVICE SCOPE OF WORK Parkway Gym/Pool. Parkway Community Center and the Women's Club are the areas to be maintained by this contract. The locations and square footage are as follows: SERVICE DAYS SQUARE AFTER 11:00 PM OPERATING FACILITY FOOTAGE ON SPECIFIC DAYS HOURS PARKWAY GYMIPOOL 33.400 PARKWAY 385 PARKWAY IT otal of FACILITIES Parkway Bldgs) SUN· THURS (9 MO) 5:00AM - 10:ooPM SEPT· MAY PARKWAY COMMUNITY CENTER SUN - FAI (3 MOl 7:00AM· 1 0:00PM 373 PARKWAY JUNE· AUGUST WOMEN'S CLUB 2.900 MON - FRI 7:00AM· 1 0:00AM 357 G STREET SERVICES TO BE PERFORMED A. PARKWAY GYM 1. Dally Schedule lDbby. Gvm. and Offices (BB) a. Sweep all tile. wood, and brick surlaces with chemically treated dust mop. Remove gum, spills, scuff marks. and debris from all floors. b. Vacuum and spot ,clean entranca mats and carpeting In all araas. (BB) c. Empty and clean trash receptacles and replace plastic liners. Remove tresh to designated area. d. Spot clean and dust walls. partitions. window sills. and related structures including switch plates, f¡::: cabinets, and baseboards. Remove all noticeabla ,raffiti. frJi CITY OF CHULA VISTA BID NUM8ER 7-94/95 PAGE 7 e. Clean exterior pay phone at entryway and exterior planter box, removing litter, graffiti, and all spills, gum, etc. on concrete walkways. . (B81 f. Clean, disinfect, and polish drinking fountain, bowls, sinks, fixtures. - g. Spot clean exposed horizontal surfaces. (881 h. Damp mop all non-carpeted areas. Use i!DIY. city specified products on wood gym floors. i. Clean exterior window surfaces by entry doors. j. Dust all exposed surfaces. (881 k. All lost and found articles are to be turned into the main offices. (881 I. Sweep exterior lobby entrances to the roof line of the structure. 2. Weekly Schedule Entryway, Lobby, Gym, and Offices a. All items list under daily. b. Vacuum under desks, corners, edges around file cabinets, etc. c. Wash down wood walls, woodwork, doors, cabinets, and counter tops. d. Dust all exposed vents and window screens, e. Clean all windows (interior and exteriorl. f. Clean baseboards and doors. g. Perform high dusting, top of door frames, top of light fixtures, cabinats, etc. h. Clean all telaphones with disinfectant. i. Claan off all vending machine tops as well as under vending machines. j. Wash and dust all glass. k. Change any burned out light bulbs below 14' in haight. ~/)~37 /¡ff \ ' f - --~.,._..__."..._-- -~..~..__..,- -- -~---- ----- CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE B 3. Monthly Schedule a. All items listed in daily and waekly. b. Mop off all benches and saating areas. c. Remove all gum and debris from benches. d. Thoroughly clean all window blinds. e. Machine scrub brick and concrete surfaces. f. All concrete steps and antry ways ara to be scrubbed with a machine to remove stain and debris. g. Thoroughly shampoo all carpets. h. Wipe down all furniture. i. Clean out trash dumpster closure in the rear of the facility. j. Clean all vants and grilles 4. Quarterly Schedule a. All areas listed as daily, weekly, and monthly. b. Completely pull out all bleachers to a fully extended position. c. Dust mop all araas behind bleachers removing debris, etc. d. Remove gum from floors, benches, and bleachars. e. Clean gym backboards and basketball goals. f. Perform ell high dusting over S'levals. B. PARKWAY GYM/SHOWER. LOCKER ROOMS INCLUDING RESTROOMS 1. Deily Schedule (BB) e. Clean end disinfect all restroom fixtures, toilet bowls, urinals, wash basins, mirrors, decorative and protective metals including undersides of sink, top of toilet seats, etc. (BB) b. Wash end disinfect all toilet seats !!!cluding underside using an approved non-toxic germicidal disinfectant. ~/J-Jr CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 9 c. Spot clean and d4st walls, partitions, splash plates, baseboards, and related structures. (BB) d. Sweep and damp mop floors using an approvad non-toxic garmicidal disinfectant. (BB) e. Clean, refill, and restock soap, toilet tissue, seat covers, and dispensers. (BB) f. Empty and clean waste in sanitary containers, dispose of contents, and replace all liners. (BB) g. Pour water in all floor drains and clean drain covers. h. Spot clean ceilings and remove all extraneous materials. (BB) i. Immediately report all vandalism, plumbing, or electrical problems or any other items requiring attention beyond the scope of these specifications to the contract administrator. j. Scrub and disinfect shower walls and floors removing scale build-up, soap residue, lime, etc. (BB) k. Clean entrance doors including grates, kickplates; remove hand prints from push plates, handles; sanitize all above areas. 2. Weekly Schedula a. All items listed in daily duties. b. Scrub all walls with deck brush and completely machine scrub all ceramic and concrete floors. c. Clean spectator area and remove all debris. d. Polish chrome on all fixtures removing all lime deposits. e. Dust the check-out cage, wash all woodwork, ceramic tile, ramove splash marks from walls, urinals, toilets. f. Brush down all vents. g. Change all burned out fluorescent and incandescent light bulbs which are below 14' in height. 3. Monthly Schedule a. All items listed in daily and weekly schedules. b. Clean r1f interior light fixtures and lenses. ~ / / / J; , \(' . . -----------_..._---_.._--~....._.__._-,_.._.._-,.-..- -- ------..-.---.-..-. CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 10 c. Heavy duty cleaning, da-scaling, disinfacting of toilets, walls, shower fixtures, handicap seat areas, and all exposed surfaces. d. Wash windows and screens inside and out of shower room areas. e. Clean all vents and grilles. 4. Quarterly Schedule a. All items listed daily, weekly, and monthly schedules. b. Prep the floors for sealing of concrete, brick, and grouted surfaces with slip resistant sealer for wet surfaces. Be sure that the surface is cleaned thoroughly prior to application. This procedure is to be coordinated with the supervising custodian for the City during facility off-peak hours. C. PARKWAY COMMUNITY CENTER 1. Daily Schedule Lobbv. Classroom. and Gvm (BB) a. Sweep ell tile, wood, end concrete floor surfeces with chemically treated dust mop removing gum, spills, scuff merks, end debris. (BB) b. Vacuum ell carpeted ereas. Clean welk-off mats end runners. Spot cleen end remove ell gum. (BB) c. Empty end cleen ell trash receptecles end replece liners es necessary. Remove trash to designeted erees to outside containers. d. Spot cleen end dust wells, pertitions, window sills, and releted structures including switch pletes, file cebinets, vending machines, furniture, etc, (BB) e. Senitize end disinfect weter fountain. (BB) f. Demp mop ell herd surfeces. g. Cleen exterior end interior window .urfeces, entry doors, end ell gless penels. (BB) h. Sweep ell exterior entryweys to the roof line of the structure, .idewelk erees, end remove ell debris from ell floor surfeces. ~ J),ytß CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 11 D. PARKWAY COMMUNITY CENTER KITCHEN 1. Daily Schedule a. Sweep floor with chemically treated dust mop. b. Mop floors, wash switch plates, walls, and all doors. c. Spot clean cabinets, remove spills, stains, etc. d. Clean stove removing debris, spills, and stains. e. Wipe down refrigerator (exterior). f. Remove tables and chairs. Return to storage room as directed by staff. 2. Weekly Schedule a. All items listed in daily schedule above. b. Scrub cabinets entirely clean and scrub the stove entirely clean and wash refrigerator, c. Change all burned out fluorescent and incandescent light bulbs below 14' in height. 3. Monthly Schedule a. All items listed in daily and weekly. b. Clean out refrigerator, completely wash inside and outside of refrigerator. c. Thoroughly clean interior and exterior of items listed below: Stove top, burners, drip pans, exhaust hood. overhead range hood d. Scrub and re-coat floor tile. e. Remove all cobwebs from all overhead areas: walls, ceilings, clean all baseboards. windowsills. f. Clean all vents and grilles. . þfí / / ~ tI/ \-/} ---.-.---.-.-,,-.-..- - _.~-~---- --.-.------.--.----.---,-,...----- CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 12 E. PARKWAY COMMUNITY CENTER Restroom Arees 1. Dally Schedule (BB) a. All restroom fixtures, toilet bowls, urinals, basins, mirrors, and decorative and protective metal is to be thoroughly cleaned and disinfected. (BB) b. Wash and disinfect all toilet seats including undersides using an approved non-toxic germicidal disinfectant. c. Spot clean and dust walls. partitions, splash plates, baseboards. and related structures. (BB) d. Sweep and damp mop floors using an approved non-toxic disinfectant. (BB) e. Clean, refill. and restock soap, tissues, seat cover dispensers. (BB) f. Empty and clean waste and sanitary containers. dispose of contents, replace all liners. (BB) g. Pour water in all floor drains and clean drain covers. h. Spot clean ceiling areas and remove all cobwebs, dust, dirt, etc. (BB) i. Immediately report ell vandalism, plumbing. or electrical problems or any other items requiring attention beyond the scope of these specification to the contract administrator. F. PARKWAY COMMUNITY CENTER lobby. Classroom. Offices 1. Weekly Schedule a. All items listed in Daily Schedule , b. Scrub restroom floors, walls, completely disinfect all fixtures, phones, atc. c. Dust all furniture completely, chairs. tables, and counter tops on file cabinets, etc. d. Mop all entryways. e. Remove spots, stains, and remove gum from all floor and wall areas. . ~ J/ -~;l CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 13 f. Replace any burned out incandescent or fluorescent light bulbs below 14' in height. 2. Monthly Schedule a. All areas listed in daily and weekly schedules. b. Machine scrub and re-coat all hard surface floors. c. Remove cobwebs from all areas. walls, ceilings. etc. d. Clean all baseboards, window sills, and horizontal surfaces. e. Machine scrub entryways, remove stains, gums. etc. f. Wipe down all vents, grills, window ledges, etc. 3. Quartarly Schedule a. All items listed in daily, weekly, and monthly. b. Completely strip and wax all hard tila surface floors. This procedure includes one coat of seal and three coats of top finish. Parkway CamDlex Hourlv Rate Odon During the winter basketball season the City mn exercise the option of receiving extra limited custodial services on an hourly basis, during non-service days. Items marked (BBI are procedures that would be expected to be completed on an "as needed" basis on an hourly rate. Provide an hourly cost for this limited service on the bid proposal sheet (Exhibit AI. (BB) stands for "Basketball" hourly service. ~ JJ~LjJ ,V) I . . . . .'. - . ---..-----"..---.,---- -- _._--_.~_._._- -- .. -_.._--.---- CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 14 A. CHULA VISTA WOMEN'S CLUB MAIN HALL AND CONFERENCE ROOM. ENTRYWAY & STAGE 1. Dally Schedule -a. Sweep all tile, wood, and brick surfaces with chemically treated dust mop. Also remove gum, spills, scuff marks, and debris. -b. Vacuum and spot clean entrance mats and carpets in all areas. -c. Empty and clean trash receptacles and replace liners. Remove trash to designated areas. -d. Spot clean and dust walls, partitions, window sills, and related atructures including switch plates. -e. Clean pay phones at entryway and exterior planter box removing litter, graffiti, and spills on concrete area. f. Spot clean exposed horizontal surfaces. -g. Damp mop all non-carpeted areas, use only specified products on gym floor. h. Clean exterior window surfaces by entry doors. i. All lost and found items, clothes, towels, glasses, etc., must be turned in to City of Chula Vista. _. Dust all exposed surfaces. I· 2. Weeldy Schedule a. Wash entryway removing gum, spots, and debris. b. Wash down all walls removing fingerprints. spots. and stains throughout . the facility. c. Dust all screens and window sill ledges. also vents. d. Remove all debris in entryway courtyard. e. Buff hardwood floor also tile area. f. Polish all wood work tables and counters. ~/J-YÝ . CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 15 g. Replace all burned out incandescent, and fluorescent light bulbs 14' and below. 3. Monthly Schedule a. Remove all cobwebs from front door jamb, window sills, corners, edges, and trim. b. Wipe baseboard. woodwork. picture frames. etc. c. Fill all drain traps with water. d. Wash all trash containers &. sanitary napkin dispensers. e. Scrub and re-coat all the floors. f. Dust all light fixtures. g. Clean all vents and grilles. 4. Quarterly Schedule a. Wash all windows in facility and screen. b. Scrub and entryway tile. c. Wash all ceiling vents. d. Dust all ceiling beams. e. Wash all light fixtures. B. KITCHEN 1. Dally Schedule ea. Sweep floor with chemically treated dust mop. eb. Wet mop floor. ec. Empty and clean all trash receptacles. replace liners. and rem ova trash to designated area. ed. Spot clean ceiling. ee. Spot clean doors a~ ) / ~ 1/.Þ /) \ P ____ _u__,,_. . --_._._._--~~----"--~._'---_..__._- . CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 16 -f. Clean window glass . -g. Damp wipe all stainless steel, chrome surfaces, and fixtures. 2. Weekly Schedule -a. Spot clean all cabinet surfaces and handles. -b. Clean sink and all exposed axterior surfaces of refrigerator, freezer, stove top, ovens, and dishwashers. c. Clean all baseboards. d. Replace burned out light bulbs. 3. Monthly Schedule a. Machine scrub and re-surface floor. b. Thoroughly clean interior of refrigerator. c. Thoroughly clean interior of ovens. d. Thoroughly clean stove top, burners, and drip pans. e. Thoroughly clean exhaust hood and grease filter. f. Clean all vents and grilles. SUDDlies and EauiDment a. City will furnish janitorial paper .and plastic products to include towels, toilet tissue. seat covers, trash can liners, liquid/powdered soap. and light bulbs. b. Contractor will supply all other cleaners 81 equipment. c. Powered cleaning equipment will be inspected by the City staff for safety assurance. C. RESTROOMS 1. Dally Schedule -a. Empty all waste paper containers and raplace liners. -b. Polish mirrors and stainless steel. f/'¿;' ~//-' - CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 17 . -c. Clean and sanitize all sinks and toilets. " -d. Refill seat liners, paper towels, soap, and toilet tissue dispensers 'as needed. -e. Sweep, mop, and sanitize all lavatory floors. -f. Spot clean stalls and walls. -g. Empty sanitary disposal containers and replace liners. -h. Sanitize and deodorize waste paper and sanitary disposal containers. i. Wipe down doors, clean door vents. _. Clean. mop, and sanitize restroom entry hall. J. 2. Weekly Schedule a. Scrub and polish all lavatory fixtures. b. Remove any scale from sinks and toilets. c. Wipe down walls and toilet stalls. d. Check for and remove direct build-up in corners of rooms and stalls. e. Wipe off window ledges. f. Clean and sanitize floor drains and pour water inside drain. g. Clean and polish door kick plates. h. Replace burned out light bulbs. 3. . Monthly and Quarterly Schedule a. Clean windows insida and out. b, Wash all trash receptacles. " c. Remove cobwebs. d. Wash sanitary napkin container. e. Clean all vents " grilles. ß-PT J/-~? ¡~ l ....--. --_.~-_.__.- ------- CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 18 WOMEN'S CLUB SPECIAL EVENT CLEANING OPTION This facility is regularly rented to various civic and social groups for special activities such as dances, receptions, etc. Therefore custodial maintenance may be required following a certain special event. -Note, these events vary from month to month. -'tems marked with an asterisk (-I are to be completed during each cleaning following a special event rental. Provide an hourly cost for this special event cleaning on the bid proposal sheet (Exhibit AI - - ~ )J-'/'Y CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 19 GENERAL REQUIREMENTS The custodial contractor will abide by the following rules and regulations: 1. Contractor will provide replacements for absant and vacationing employees as necessary to maintain a continuity of service. 2. Before starting cleaning operations all doors wiU be checked for a secured position. All office lighting areas will be turned off except an area where work is being performed. 3. Keys will not be left in any doors. No keys will be duplicated or removed from city building unless authorized by the contract administrator. 4. No custodial contractor employee will admit anyone to any facility or office area unless positive identification can be obtained and logged. 5. Contractor will report any. unlocked doors. defective mechanical systems. damaged property. suspicious persons. or any kind of emergency to the contract administrator on the next following work day. If the problem is a leaking pipe, electrical problem. etc., the contractor's staff is to call the Police dispatch center at 691-5151 for an immediate response to a situation. 6. All staging, cleaning carts, vacuums, and floor machines will be equipped with a protective guard to prevent marring doors, walls, baseboards, etc. 7. All lights will be turned off and all doors will be secured before leaving areas which have been cleaned. All security alarms will be armed before the contractor leaves the building at the end of the shift. 8. Smoking, eating, using city telephones, radios, or business machines and equipment in any work area is not permitted. 9. All equipment storage aree!! will be kept in a clean and orderly condition. 10. Limited space made _available for the contractor for storage of bulk supplies and equipment used in the performance of the contractor work. 11. The City will not assume responsibility for lost, stolen, or damaged articles or personal items from contractor's employee staff. 12. Light bulbs and fluorescent and incandescent light in fixtures under 14' in height are to be changed by the contractor. 13. A report is to be filed in the daily log of fixtures which do not operate after lamps have been changed. 14. Not less than one member of contractor's employee assigned to each location shall be English speaking and fully capabla of understanding written and oral instructions in English to the satisfaction of the City~ // - J/ J \1 -.-..-.-- .._---,,~~._--~--,,_.- --.- - -------.--.------... .-..-,....-.,,, CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 20 15. Contractor shall perform and require all of his/her personnel to wear uniforms while providing services under this contract. Uniforms must be of a common company color and display a company name, patch or logo including the individual employee's names. 16. The City will furnish janitorial paper and plastic products, towels, toilet tissue, seat covers, etc. and all light bulbs. Contractor will supply all other products and equipment required to perform the services called for in these specifications. 17. All cleaning products must have appropriate MSDS sheets in the storage lockers. Containers must be labeled with appropriate nomenclature. 18. Contractor must submit an inventory list of his equipment identified by make, model If, serial If , in which he will store on City's property and the location where each item is to be stored. 19. The City assumes no liability for contractor's equipment stored in city premises. 20. The City shall be sole and final judge of the quality of work in compliance with these specifications. All work must meet at least the following minimum standards before it will be accepted and paid for on a monthly basis: Windows -Interior windows, mirrors, sills, frames, casings, display cases, glass doors, and other glass suñaces must be free of all traces of film, dirt, smudges, water spots, and other foreign matter. Trash - Trash will be removed from all waste baskets, ashtrays, cigarette butt receptacles, and other trash containers within buildings and outside of buildings, and return the trash containers to their original location. Restrooms, shower rooms, and locker rooms - the entire area is to be free of streaks, urine deposits, rust stains, scale, scum, fungi, smudges, grit, soap film, odors, and other unsanitary or unsightly conditions. All fixtures are to be cleaned with an approved non-toxic germicidal disinfectant daily. Windows and mirrors shall comply with section windows above. Floors carpeted - Thoroughly vacuum carpets with an industrial type vacuum cleaner and inspect same for spots. When spots appear remove with an approved industrial grade spot removing solution using the manufacturer's recommended techniques. The carpeted floors shall be free of all visible litter and soil. Chairs, trash receptacles, and easily removable items shall be moved and floors cleaned underneath. All carpet tears, burns, and unraveling shall be brought to the attention of the contract administrator immediately. Floors uncarpeted - All uncarpeted floors are to be vacuumed and/or swept then wet mopped with a non-toxic germicidal disinfectant solution. The entire floor suñace including corners and abutments shall be free of litter, soil, dust and foreign matter, stains, streaks, films, standing water, mop stre-Its, and splash marks. Chairs, trash receptacles, and easily removable items shall be moved in the floor, cleaned under.:eath. Reapply wax if necessary and buff to a uniform high gloss. Remove all ~ //~51J CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 21 wax deposits from furniture legs, cabinets, base board and door jambs. Clean mops only shall be used. Dusting including high dusting shall remove all accumulated dust and debris from surfaces, corners, crevices in such a manner that it will not quickly resettle. Each blind slat shall be individually wiped. 21. Contractor shall provide personnel qualified to perform all services required by this contract and shall provide training necessary to assure that all work is done in a satisfactory and safe manner and in compliance with necessary safety measures. 22. Department may require contractor personnel to be fingerprinted by the office of the Police Department and may investigate the background of contractor employees. 23. Contractor's employees shall perform all duties assigned in a most efficient and effective manner possible and shall not loiter, lounge, or otherwise be idle and non- productive while on duty under this contract excépt during agreed upon break times. Contractor's staff shall provide written communication to City staff via a daily log which will be placed in an equipment locker. This will provide effective two-way daily communication between the City and contractor. 24. Contractor's personnel are prohibited strictly from using any non-prescription drug or alcohol on City property and contractor shall not permit any employee under the influence of alcohol or drugs to remain on premises or to report to work. 25. Contractor's personnel are prohibited from use of City telephones on the premise except for coin operated telephones available in various locations. 26. Contractor must not allow unauthorized or non-working persons (wives, children, brothers, sisters, etc.1 on City premises or permit unauthorized use of City property or equipment throughout the term of this contract. 27. Contractor to furnish a supervisor who will oversee the custodial crews a minimum of 1 X per shift on a daily besis. 28. City will furnish replacement light bulbs, janitorial paper and plastic products including dry mops for wood floors, towels, tissue, Hat covers, tresh can liners, and liquid/powdered soap, Contractor will supply all other products and aquipment to perform the services as outlined in this specification. 29. All cleaning shall begin after 11 :00 p,m. and shall be completed before 4:30 a.m. daily. ·Daily· in these specifications are outlined on the bid proposal (Exhibit AI in the ·Service Day Column.· 30. Comply with a" laws, ordinances, rules, regulations of government authorities, federal, state, II"". local J~Q/l.lding Workers' Compensation and Immigration Reform and ContraCt 'Act' òf,986, pertaining to the performance of the week. . , '" . 31. The contractor shell ob/ain and pay for a City of Chula Vista business licanse at the tima of the award of contract. ~ ;:¡ / ~ ? / / ~ \,v)' I - CITY OF CHULA VISTA BID NUMBER 7-94/95 PAGE 22 32. City personnel will meet periodically with the contractor to review the agreement performance. If the services performed are not in conformity with the specifications and requirements of this agreement, the City shall have the right to require the contractor to immediately perform the services in conformity with said specifications and requirements at no additional increase to the total contractual amount. In the event that the contractor fails to perform the services promptly and correctly or does not take steps to ensure future performance of the service in conformity with the specifications the City shall have the right to either: (1) Reduce the contract price to reflect the reduced value of the services peñormed on the next month's invoice; (2) Have the services peñormed in conformity with the agreement and charge the contractor any costs incurred by the City; or (3) Terminate this agreement for default. 33. City must approve all of the contractor's cleaning supplies and chemical disinfectant materials for conformance with the City's toxic reduction program and for assurance that chemicals used are "full spectrum" disinfectants. 34. The City reserves the right to add, delete, or change service areas with appropriate written notice to the contractor. Changes in the basic service area will be computed based on the bid proposal costs of the agreement. 35. INSURANCE REQUIREMENTS Evidence of Statutory Workers' Compensation coverage plus '1,000,000 Employers Liability coverage. Evidence, in the form of a Certificate of Insurance and Policy Endorsement, of General and Automobile Liability coverage in the amount of .1 ,000,000 which names the City of Chula Vista as additional insured. .Upon opening of sealed bids and during the analyzation process of those bids. City staff will be requiring contractor to allow City staff to physically inspect the premises of 3 references provided by low apparent bidders. Provide references on "Exhibit B". 11-52-/11-53 ~/J~J$- . ,c'. -. - - -~------~..- "---..-"--------- -"- ------------------------------".-- --_..._---_._~--- (EXHIBIT B) CITY OF CHULA VISTA BID NO. 7-94/95 PAGE NO. 23 BEEERENCES l. Name Title Company Address . Telephone Project Description and Dates 2. Name Title Company Address Telephone Project Description and Dates 3. Name Title Company Address Telephone Project Description and Dates . (JAliI":SPEC.DOC) ~ 1/-:5) ,I.' ; I' I' ,,:., r ~. ;,;¡ '. ¡ ---,-...,_..,-,.-_.._.._.__. -.------------------ , . ~{~ .-'It ~ ~~~~ crrv OF CHULA VISTA PURCHASING DIVISION BID NO. 7-94/95 CUSTODIAL SERVICES . ADDENDUM NO.1 NOTICE IS HEREBY GIVEN THAT THE FOLLOWING ARE ADDITIONAL INFORMATION AND CLARIFICATION TO THE SPECIFICATIONS: ITEM # 1 Removing and cleaning all noticeable graffiti in the specification me.ns to clean the are.s Immediately with stendard ·janitorial cleaning products which specifically are used for this purpose·. (these cleaners will be provided by the contractor). The City does not expect that the contractor will repain\ areas where cleaning products do not remove all gr.ffiti. ITEM #2 .. Cleaning the blinds involves ·dry dusting/cle.ning methods·. The contractor is not expected to remove blinds or chemically treat the window blinds. ITEM #3 Differentiate both hourly rete quotes for work completed on Sundays as well as work completed on Monday-Saturday. ITEM 114 Approximate square footage amounts of various floors and facilities are included in the att.ched sheets. · The City is providing these approximate emounts as e courtesy only. The contractor should verify these amounts by actually measuring the ereas before submitting a quote. You may complete another job walk by calling Barry Edwards at 691-5197. DATED: NOVEMBER 7. 1994 JAMES V. ESPINOSA PURCHASING AGENT _.7N>D ..... , ...... ~\"..~) " C'(" . \.... Y'~ .:111 ". ~/;-:Yf 'Q ""\" r ", .j" /':': r_. ._1 ¡. .., ::",0 . Sl5 FOuRTH AVENUE SUITE P ICHULA VISTA, CAUfOANIA IIIIO/m (1181 1II1-a141 I FAY I..DI__ ..... -- PArZk::WAY COI'1'1UNITY CENTE2 ~~ 3, 3 P~...\:.....~~ III' ..._.......,.....-- t1 I. 1't>o,L.m~ fI..., :'/f'f.í ¡ 2. ~ Ý1'J'j L./'.¡¡~ f/ðdr'"5 .:fOOð , 0 \ ' , - .,- ._, @ é;> ...1vtt'" -lAG;> ~ I...., & @ G:> I! 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[ ~ ~ ~. , ~ iJ J//~? 3. ~ ~ ~ .,Q':==- ~ VI tJ" -. f \ J\ G- O'G~ à -_.~--"._-_._..- ~~-_.__.~ -- . . - This Page Blank - . ~ )/~fÝ COUNCIL AGENDA STATEMENT Item /~ Meeting Date 12/20/94 ITEM TITLE: Resolution '¡it-Sa Amending Condition No. 38 of Resolution No. 17618 Approving the Tentative Subdivision Map for Chula Vista Tract 88-3A, Eastlake South Greens Resolution 1i1'-'- Approving the Supplemental Subdivision Improvement Agreement for Chula Vista Tract 88-3A, EastLake South Greens, Phase I Resolution I¡"'\ Ic:51 Approving Final Map and Subdivision Improvement Agreement for Chula Vista Tract 88-3A, EastLake South Greens, Phase I SUBMITTED BY: Director of Public worksf~ REVIEWED BY: City Manager 0 i")/, (4/5ths Vote: Yes_Noll) -to' On July 18, 1989, by Resolution 15200 (Exhibit A), the City Council approved the Tentative Subdivision Map for Chula Vista Tract 88-03, EastLake Greens. On August 16, 1994, by Resolution 17618 (Exhibit B), the City Council approved the amended tentative map for EastLake Greens, Tentative Map 88-3A, and imposed additional conditions of approval. The amendment to the tentative map covers the area south of Clubhouse Drive which is designated as EastLake South Greens. The final map before Council creates super block lots for the first phase of Eastlake South Greens. Subsequent final maps will be required to create residential lots. RECOMMENDATION: That Council: 1) adopt the resolution to amend Condition No. 38 of Resolution No. 17618 approving Tentative Subdivision Map 88-3A, Eastlake South Greens; 2) adopt the resolution approving the supplemental subdivision improvement agreement and 3) adopt the resolution approving the final map and the subdivision improvement agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project is generally located southerly of Clubhouse Drive, easterly of EastLake Parkway and westerly of South Greensview Drive. The map now before Council represents the first phase of the EastLake South Greens development. The map /~-I . " \'._' -_..--_._-~~._--_.,--_.".__.,----"_._.._.,--~--- -......-.....,...--...-..----,.-..-..-....--- "." ._-_..._-~....~...- -'---~--""- - _.....,._-_._-~....._. -'---'-"'-~-'--'-- . Page 2, Item /~ Meeting Date 12t20/94 creates seven super block lots which will be further subdivided for residential development by subsequent final maps, one lot for development as a public school site and one lettered lot for open space and other public purposes totalling approximately 48.8 acres. Condition of Approval No. 38 of Resolution No. 17618 requires the developer to update the Eastlake Greens Public Facilities Financing Plan (PFFP) as required by Chapter V of the PFFP prior to approval of the first final map for the South Greens. The developer has submitted a draft revision of the PFFP to the Director of Planning for review. However, since the developer has guaranteed construction of public improvements required for Phase I of the South Greens as determined by the City Engineer and Director of Planning and the map now before Council does not create any residential lots, Staff recommends that Condition No. 38 be amended to read as follows: "Update the Eastlake Greens Public Facilities Financing Plan as required by Chapter V of said approved document to the satisfaction of the City Engineer and the Director of Planning prior to approval of the first final map creating residential lots." This amendment will allow time for review and approval of the PFFP update prior to approval of any map creating the need for additional public improvements. The final map for EastLake South Greens, Phase I, Chula Vista Tract 88-3A has been reviewed by the Public Works Department and found to be in substantial conformance with the approved tentative map. Approval of the final map constitutes acceptance on behalf of the public a portion of South Greensview Drive, tree planting and maintenance easements, sewer and storm drain facility construction and maintenance easement, and 10' general utility easements all as shown on the final map. At this time, the City is rejecting the dedication of Lot A for open space and other utility purposes. However, under Section 66477.2 of the Subdivision Map Act this offer of dedication remains open and subject to future acceptance by the City. Lot A will be maintained by the EastLake Homeowners' Association unless the City determines that the level of maintenance does not meet City standards. This is a standard condition on all of Eastlake's tentative maps because Eastlake has the homeowner association maintain the open space instead of the City. Iflwhen that determination is made, Council would be requested to accept, on behalf of the City, the offer of dedication. City Municipal Code Chapter 17.10 requires developers to provide public park land and improvements to mitigate development impact on the current public park system. The ordinance is satisfied through dedication of park land, construction of public park improvements, payment of Park Acquisition and Development (PAD) Fees in lieu of dedication and construction, or a combination thereof. PAD fees are payable at the time of final map approval and are determined by the number of residential lots created ItX.. ~ Page 3, Item.Æ Meeting Date 12/20/94 with a final map. The map now before Council creates only the super block lots for the development and does not contain any residential lots. Since the final number of residential lots to be created within this area is not known at this time, payment of PAD fees will be required prior to approval of subsequent final maps creating residential lots. The developer has executed a Subdivision Improvement Agreement for this map and provided bonds to guarantee construction of the required public improvements (CV drawings 94-259 through 94-264), has paid all applicable fees and has provided a bond to guarantee the monumentation for said subdivision. The developer has also executed a Supplemental Subdivision Agreement to satisfy Conditions 30 and 31 (c) of TM 88-03 and Conditions 32,33 and 34 of TM 88-3A. FISCAL IMPACT: None. All Staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits. Attachments: Exhibit A - Resolution 15200 & Minutes of 7/18189 (excerpt) NOT So e ~ ,.¡~ .E-I> Exhibit B - Resolution 17618 & Minutes of 8116194 (excerpt) NOr Sl!A~N¡;Þ Exhibit c - Plat - EastLake South Greens, Phase I Exhibit D - Disclosure Statement "JO"'" S t!.~;u ~ E: b LMC ,..: EV-MI l":ViOME'ENGfEERVl,fJENOAIELSG." 1220.. . /õ>. - 3- ------".._..~~_._----- RESOLUTION NO. /11l.øS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CONDITION NO. 38 OF RESOLUTION NO. 17618 APPROVING THE TENTATIVE SUBDIVISION MAP FOR CHULA VISTA TRACT 88-3A, EASTLAKE SOUTH GREENS WHEREAS, on July 18, 1989, by Resolution 15200, the City Council approved the Tentative Subdivision Map for Chula vista Tract 88-03, EastLake Greens; and WHEREAS, on August 16, 1994, by Resolution 17618, the City Council approved the amended tentative map for EastLake Greens, Tentative Map 88-3A, and imposed additional conditions of approval on the area south of Clubhouse Drive which is designated as EastLake South Greens; and WHEREAS, Condition of Approval No. 38 of Resolution No. 17618 requires the developer to update the Eastlake Greens Public Facilities Financing Plan (PFFP) as required by Chapter V of the PFFP prior to approval of the first final map for the South Greens; and WHEREAS, the developer has submitted a draft revision of the PFFP to the Director of Planning for review; and WHEREAS, however, since the developer has guaranteed construction of public improvements required for Phase I of the South Greens as determined by the city Engineer and Director of Planning and the map now before Council does not create any residential lots, staff recommends that Condition No. 38 be amended to read as follows: "Update the Eastlake Greens Public Facilities Financing Plan as required by Chapter V of said approved document to the satisfaction of the city Engineer and the Director of Planning prior to approval of the first final map creating residential lots." WHEREAS, this amendment will allow time for review and approval of the PFFP update prior to approval of any map creating the need for additional public improvements. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby amend Condition No. 38 of Resolution No. 17618 approving the Tentative Subdivision Map for Chula vista Tract 88-3A, Eastlake South Greens s set forth hereinabove. 'f:¡ Presented by John P. Lippitt, Director of Bruce M. Public Works I;). ~ ~ Attorney C:\rs\ELSG.FM ----..-------..---------..-- .-..---...--.----.----------....--,.,.--.--....---... ._.'w____..~_ RESOLUTION NO. 1111.,1.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 88-3A, EASTLAKE SOUTH GREENS, PHASE 1 WHEREAS, the developer has executed a Supplemental Subdivision Agreement to satisfy Conditions 30 and 31(c) of Tentative Subdivision Map 88-03, EastLake South Greens, and Conditions 32, 33 and 34 of Tentative Map 88-3A, EastLake South Greens. NOW, THEREFORE, BE IT RESOLVED the City council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula vista Tract 88-3A, a copy of which is on file in the Office of the City Clerk as Document No. , (to be completed by the Clerk in the final document) . 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 ~I 1) John P. Lippitt, Director of Bruce M. Public Works Attorney C:\rs\ELSG.FM 1~-5 ----.-,..- -'--'~---..-__._.______.__________._"._._.___.___ o. ._._.___._ '0'0 '.__ -------.-..- - -"--~- ----.....-.-..-..- RECORDING REQUESTED BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT EastLake South Greens Phase 1 ... (T.M. Conditions 30 and 31C, Tract 88-3 and T.M. Conditions 32, 33, 34. and 38. Tract 88-3A) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this day of . 1994, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and EASTLAKE DEVELOPMENT COMPANY. a California Partnership ("Developer" or "Grantor"), with reference to the facts set forth below. which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of a project commonly known as EastLake South Greens Phase 1. December 6. 1994 Supp. SIA for EastLake South Greens Phase 1 Page 1 )~-~ . B. Developer has applied. for and the City has approved a Tentative Subdivision Map and Amended Tentative Subdivision Map commonly referred to as EastLake Greens Chula Vista Tract 88-3 and 88-3A, respectively ("Tentative Subdivision Map") for the subdivision of the Property. C. The City has adopted Resolution No. 15200 (Tract 88-3) and Resolution No. 17618 (Tract 88-3A) ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolutions. The description of the conditions in this recital section of this Agreement is intended only to summarize and paraphrase such conditions in the Resolutions, and is not intended herein to modify or explain them, and is not intended as a basis for interpreting them. D. Condition No. 30 of Resolution No. 15200 requires the Developer to enter into an agreement with the City for the withholding of building permits if traffic in Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the level of service identified in the City's adopted thresholds. E. Condition No. 31.C of Resolution No. 15200 requires the Developer to enter into an agreement with the City wherein Developer agrees to not protest the formation of an assessment district for the construction of street improvements to connect Orange Avenue and Palomar Street to existing improvements west of EastLake Greens and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee System. F. Condition No. 32 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any claims, actions or proceedings against the City to attack, set aside, void or annul any approval by the City ... with regard to the EastLake South Greens Phase 1 project. G. Condition No. 33 of Resolution No. 17618 requires the Developer to enter into an agreement to indemnify and hold harmless the City from any liability for erosion, siltation, or increased flow of drainage resulting from the EastLake South Greens Phase 1 project. H. Condition No. 34 of Resolution No. 17618 requires the Developer to enter into an agreement with the City relating to the provision of franchise cable television services as more particularly set forth in Condition No. 34. I. Condition No. 38 of Resolution No. 17618 requires that an update to the EastLake Greens Public Facilities Financing Plan as required by Chapter V of said approved document prior to approval of the first final map of the subdivision. December 6, 1994 supp. SIA for EastLake South Greens Phase 1 Page 2 j;}.. 7 .u.l J. City is willing, on the premises, security, terms and conditions herein contained to approve the Final Map for which Developer has applied commonly known as EastLake South Greens Phase 1 as being in substantial conformance with the Tentative Subdivision Map and Amended Tentative Subdivision Map for the territory of such Final Map. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the land owned by the City adjacent to the Property. The Burden touches and concerns the Property. It is the intent of the parties, and the parties agree, that this covenant shall be binding upon, and run with, the ownership of the land which it burdens. The Burden of this Agreement shall be released from title, as to an individual lot or unit within the Project upon the sale of any lot improved with a residence. If requested by the Developer, City shall execute a quitclaim releasing the Burden of this Agreement from the title to any such lots. If Developer assigns any portion of the Property subject to the Burden of this Agreement, Developer shall have the right to obtain a release of any of Developer's obligations under this Agreement provided Developer obtains the prior written consent of the City of any such release. City shall not withhold its consent to any such request .... for a release so long as the assignee demonstrates, to t,he reasonable satisfaction of the City, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the assignee. 2. Condition No. 30 . Building Permits Not to Issue While Thresholds Deficient. In satisfaction of Condition No. 30 of Resolution No. 15200, Developer agrees as follows: 2.1 Developer hereby grants to the City the right to withhold building permits for any dwelling units on the Property at such time as traffic volumes on Otay Lakes Road, Telegraph Canyon Road, EastLake Parkway, or East "H" Street exceed the level of service identified in the City's adopted thresholds. December 6, 1'994 supp. SIA for EastLake South Greens Phase 1 Page 3 )é). -8' ., 3. Condition No. 31.C . No Protest of Assessment District or Development Impact Fee. In satisfaction of Condition No. 31.C of Resolution No. 15200, Developer and their heirs, assigns, transfers, and other successors-In-interest, hereby agrees to not protest the formation of an assessment district for the construction of street improvements to connect Orange Avenue and Palomar Street to existing improvements west of EastLake Greens boundary and to not protest inclusion of the subject improvements as projects in the Eastern Territories Development Impact Fee System. 4. Condition No. 32 - Subdivision Map Indemnity. In satisfaction of Condition No. 32 of Resolution No. 17618, the Developer agrees that, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall defend, indemnify, and hold harmless the City, and its agents, officers and employees, from any claim, action, or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approvals by its Planning Commission, City Council, or any approval by its agents, officers, or employees with regard to the EastLake South Greens Phase 1 project. 5. Condition No. 33 - Erosion and Drainage Indemnity. In satisfaction of Condition No. 33 of Resolution No. 17618, the Developer agrees that, on the condition that City shall promptly notify the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense, the Developer shall 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, ·for any liability for erosion, siltation or increased flow of drainage resulting from the Ea~tLake South Greens Phase 1 project. .. 6. Condition No. 34 . Cable Television Easements. In satisfaction of Condition No. 34 of Resolution No. 17618, the Developer agrees to permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit to and provide cable television service for each lot or unit within the Project. Developer 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 Project 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 Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the 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. Developer 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 a determination by the City of Chula Vista that they have violated the conditions of the grant. December 6, 1994 Supp. SIA for EastLake South Greens Phase 1 Page 4 Je:l ~ q , 7. Condition No. 38. "Update the EastLake Greens Public Facilities Financing Plan as required by Chapter V of said approved document to the satisfaction . of the City Engineer and the Director of Planning prior to approval of the first final map creating residential lots". 8. . Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions 30 and 31.C of Resolution No. 15200 and Conditions 32, 33, 34, and 38 of Resolution 17618 as it applies to the territory of the Final Map for Chula Vista Tract 88-3A, EastLake South Greens Phase 1. 9. Recording. This Agreement, or an abstract hereof prepared by either or both parties, may be recorded at the option of either party. 10. Miscellaneous. 10.1 Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice to such change to the other party. Facsimile transmission shall constitute personal delivery. CITY OF CHULA VISTA 276 Fourth Avenue .... Chula Vista, CA 91910 Altn: Director of Public Works Developer: EASTLAKE DEVELOPMENT COMPANY 900 Lane Avenue, Suite 100 Chula Vista, CA 91914 Attn: Bill Ostrem A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. Facsimile transmission shall constitute personal delivery. 10.2 Captions. Captions in this Agreement are inserted for convenience of reference and to not define, describe or limit the scope or intent of this Agreement or any of its terms. December 6. 1994 Supp. SIA for EastLake South Greens Phase 1 Page 5 J¿;;. -/ ð I,.,~. " 10.3 Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representation, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. 10.4 Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting of this Agreement. 10.5 Recitals; Exhibits. Any recitals set forth above are incorporated by reference into this Agreement. 10.6 Attorneys' Fees. In the event of any dispute arising out of this Agreement, the prevailing party in any action shall be entitled to reasonable attorneys' fees in addition to any other costs, damages, or remedies. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. By: CITY OF CHULA VISTA Tim Nader, Mayor Attest: EASTLAKE DEVELOPMENT CO., a Californi~artnership ~ ... .8o:sw£µ. ~e!S./::z:;,;~., Gt£AJ~Hc.. ~T"".x By: ~a..-P ~ - Name: Title: VR Date: By: (W ~Ï/ Name: Title: ~ ~~y; 6éÃ/¡!;¿,f( ~Q« I V¿..I'9-¿; 0 .By: ¿{J-k?~ ßy. ~ ~Q~ December 6, 1994 Supp. SIA for EastLake South Greens Phase 1 J.;l~11 / /2 - IJ,. Page 6 RESOLUTION NO. \í11c, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA TRACT 88-3A, EASTLAKE SOUTH GREENS, PHASE I, ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREET DEDICATED ON SAID MAP, THE EASEMENTS AND ABUTTERS' RIGHTS OF ACCESS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, REJECTING THE OFFER OF DEDICATION IN FEE OF LOT A, APPROVING A SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT TO COMPLY WITH CERTAIN CONDITIONS OF TENTATIVE MAP APPROVAL, AND APPROVING SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista hereby finds that that certain map survey entitled CHULA VISTA TRACT 88-3A, EASTLAKE SOUTH GREENS, PHASE I, and more particularly described as follows: Being a subdivision of a portion of section 3, Township 18 South, Range 1 West, San Bernardino Base and Meridian, in the city of Chula Vista, County of San Diego, State of California according to United States Government Survey thereof, together with a portion of Rancho Janal according to Map thereof Recorded in Book 1, Page 89 of Patents in the office of the County Recorder of said County. Area: 48.73 acres No. of Lots: 9 Numbered Lots: 8 Lettered Lots: 1 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public street, to-wit a portion of South Greensview Drive (as shown on the final map) and said street is hereby declared to be a public street and dedicated to the public use. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula vista the easements tendered with the right of ingress and egress for: street tree planting and 1 I~ .../J.. _..,._..._..'__.__m..._..'____,.___ _.___"~ -. -------...--.,- ..-...-...- --"'--- ..-------- maintenance; construction and maintenance of storm drain and sewer facilities within Lots 1 and 2; general utility easement within Lot A' and all abutters' rights of access in and to South Greensview , Drive along Lots 3 and 5 all as granted and shown on said map within said subdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that said Council hereby rejects on behalf of the city of Chula Vista the offer of dedication in fee of Lot A as shown on said map noting that section 66477.2 of the Subdivision Map Act of the State of California provides that an offer of dedication remain open and subject to future acceptance by said city. BE IT FURTHER RESOLVED that the City Clerk of the City of Chula Vista be, and is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as heretofore stated and that those certain easements with the right of ingress and egress for the construction and maintenance of street tree planting, as granted thereon and shown on said map within said subdivision is accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement dated the day of , 1994, for the completion of improvements in said subdivision, a copy of which is attached hereto and by reference made a part hereof, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreement for and on behalf of the City of Chula vista. Presented by John P. Lippitt, Director of Bruce M. Public Works Attorney I:\shared\engineer\elsgreso.lmc 2 /;;<-/'1 --. -------------..-- .. ....--- ----- __u_.._..______ RECORDING REQUESTED BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received, Declarant Above Spa~ for Recorder's Use SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1994, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and EASTLAKE DEVELOPMENT COMPANY, 900 Lane Avenue, Suite 100, Chula Vista, California 91914 hereinafter called "Subdivider"; ... WIINESSEIH: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as EAST LAKE SOUTH' GREENS PHASE 1 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and, WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subÇivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council, and -1- )6)../.r ',.." .1 WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney, and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 15200, approved on the 18th day of July, 1989 and Resolution No. 17618, approved on the 16th day of August, 1994 (Tentative Map Resolutions). WHEREAS, complete plans and specifications for the construction, installation and completion of said public improvement work have been prepared and submitted to the City Engineer, as shown on Drawings Nos. 94-264 through 94-259 inclusive, on file in the office of the City Engineer, and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount of $615,200.00. NOW, THEREFORE, IT IS MUTUAllY UNDERSTOOD AND AGREED AS FOllOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good ... and workmanlike manner, under the direction and to the satisfaction and appro\fal of the City Engineer, all of the public improvement and/or land development work required to be done in and adjoining said subdivision ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after' the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs· if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the third anniversary date of Council approval of the Subdivision Improvement Agreement. -2- /r;).../I.P 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. , 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneou~ly with the execution of the agreement, an approved improvement security from a sufficient surety, show sufficiency has been approved by the City in the sum of THREE HUNDRED SEVEN THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($307,600.00) which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of THREE HUNDRED SEVEN THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($307,600.00) ... to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of SIX THOUSAND DOLLARS AND NO CENTS ($6,000) (per private engineer's estimate) to secure the installation of monuments, which security is attached hereto, marked Exhibit "C" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the -3- /02.. /7 . improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said ... period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to. protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the -4- I~ ../8 --- water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA SUBDIVIDER: EASTLAKE DEVELOPMENT CO. ~.:s......£...,- ~P~7"/~ , ..;;"Nt> - ([,~~ ~~,tI~ , 'P. Mayor of the City of Chula Vista ATTEST By: Robert L.: Snyder ... City Clerk Cellersl MSlIsger II ~P?i~ ro fmm¡ ~'-'9e!o ~~0 ~."¡c:.,.. ~oOfoIk: . . M )SY: /.~~ City Attorney 131: (Attach Notary Acknowledgement) -S- Ir).., 11 LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $307,600.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond . Amount: $307,600.00 . Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $ 6,000.00 Securities approved as to form and amount by iLC¿A~ .... Improvement Completiofl Date: Three (3) years from date of Council approval of the Subdivision Improvement Agreement /eJ .. d};- / J._'_ --- C- r . CHULA VISTA TRACT NO. 88-3A EASTLAKE SOUTH GREENS PHASE I UNITS 15,20,33 AND 36 LOT 8 LOT I LOT 2 LOT :5 " , , . ' , , , , ., r, ' . SC"'~E ._"'" ~oO' ~ . _..~._'~."~...~...~- n ._._________. .__. _ 0'____". "0 ._. 0"_'_ .___.._.__~ -.-...---- . · - This Page Blank - · · ~ ~ /.2-¿,r · . - . - - {vised 7/2Š/a9 . ¡, .IQ roo( .r ,-,. #; . f .~ .' "" . I. _. . . 'EX¡IIßIT A I' '}.. . . I $ zoo '10 . . . ~ ~ RESOWrION NO. ts199 .y RESOLDTION OF THE CITY CDCNcIL OF '1'I!E CITY OF amIA VISTA -:J;C ), ~. APPROVING TENTATIVE HAP Fœ EAS'l'LAKE GREENS, CSULA VISTA d- '.IRACl' 88-3 '1'he City Q)uncil of the City of ChIlla Vista does hereby resolve .as follows: . WHEREAS,. the proposed subdivision for the EastIake Greens. area . ertcon¡)asses 830 acres of land located in the eastern portion of the City of Chula Vista east of 1-805 and south of Otay Lakes Road, and WHEREAs, the 8Ubàivision inc1ur3es streets, open space, church sites, è::omnerc:ial lots, park Sites, school sites, amdominium lots and single-family lots, and . . WHEREAS, the Environmental Impact Report EIR-86-4 was consièlered , previously, anèI . WHEREAS, on June 21, 1989, the Planning Camnission, by a vote of 6-0, recx...II-=lIded that the Council approve the !astLake Greens Tentative Map subject to the following: Q an interim basis, Parcels R-24, R-25, R-26, R-27, and R-28 shall be zoned at the target density of 4.5 dwelling units per acres. A IMxiDum or 4,034 units will be approved for. EastIake II until such time as the (. guidelines for exceeding the target density for the General Plan tJpàate are resolved. '!'he following prOCédure will occUr to èletermine additional density, if any, for the !astIake project. a. Specific guidelines for excee~ing the target General Plan density will be adopted, b. '!'he adopted General Plan policies will be applied to determine the incremental units to be adèled to EastIake II. - c. '!'he units fran the new calculation will be àistributed to these five parcels or other unsubè!i~iàeCI portion of !:astLake Greens Tentative Map. - d. '1'he SPA Plan and Tentative Hap will be returned to the Planning COmmission and City Council for adoption of the increased density, if any. tœ, 'l'HEREFORE, BE IT RESOLVED that the City Council of the City of Chub Vista does hereby approve the tentative IIBp for !astLake Greens, Chula Vista Tract 88-3, based on the finàings set forth herein .and subject to the " fOllowing conditions: . Engineering Department COnditions: l 1. Public inprovements required in this resolution shall include, but not be limited to: A.C. pavement and base, concrete' curb, gutter and ~ J¿;Z -02./ . .~--_.- - -~-- - ----_._~--~~-~~-- ............", . =. ..J.'\... ...~ "- .\.. I" ... 'I .;' 'sidewalk, traffiè siqnals'~-'strèët li.9h\;s, traffic signs, street trees, .' fire hydrants, sanitary sewers, water and drainage facilities. . " .c All ~~;;~~e:~"-~~l¡:~: ~~gried aiId~ c:Ons~ructed' ~ a~rdance with City-standards. 2. 'nIe ãevelãpe!r ãhan be-responsible for: .", - a. '!be construction of public street improvements of all streets åhown . ~-tentaU~~"'~tMn-':the··$UbdiVision.~" ~a;::....ö~",. :.~.. .... o!=-:=~.!~~~: :~'. ~=:I!!; :-: _ar:: ~:=!:..:::: "... ~:. ~:.: .. _. _ . - ..::b;::i'.DIe~õiPiOf ~c~ street.. isrprovements for all off-site portions of Otay Lakes Road, Bunte Parkway, Palomar Street and CJtiiíqè.: AVWlØes:a1Q1g..~: full ;'~~gth: ct'-~ë>;SUbj~'; prope~t;.y. ¡:JW.l .~:>1":"e:C'¡æ.wiðtb~ ·~vement:s $InI11 1:Se'''!'reqaiYe'd'' ~1es8:~ the' . déveloper'" can --' :~ "eJe...c.,lStrate to the satisfaction of the. City Engineer that" partial ., isrprovements will meet the Cit@ standards for traffic, bicycles, pëàëštdans anõ·parking. 'Transitions to existing improvements shall .:... ·..be provided as required by the City Engineer. 3. a. '1'hë: ~veloper;':Bha1l guarantee" the·. construction ; of the -following - ::-s..J.lI~ovements: prior -to .the approval of the final map for any. .of the - i. .~. ··:phases ~ -of - development identified in the EastLake Greens phasing plan. The developer may submit an alternate proposal to provide access to any individual or group of phases identified herein. said .. :,,:,;:,!: proposaÞ.lIhal1:.=be':'lIubmitted ;.fo~_review:-:and ·.1Ipproval by the City . ". '--~inee'r ·0 = -- ..~..~ .'. -..... -, r .:....:;~. .::-:"7":'.,. ~'._:. -~ -.. : ___ ..;...-,~. ". .. ..:.... .' ".' ;~~~~~:~~.Îoha;;,; - ;·~ctÚtie~1 .'-'.:::_ *(see ~l~'''Ï~~or :~script1on'.;of ~-"-- -- -... ~~- ---. _."'- ~-- ---- ch f ·lity) ~=r..:;_.... -... c.... ."- ..":"" ~_...__.: . - .' ea aC1 . :;.11. ;:"'··~-lr 2>,'~~':;_;':;::~ _'.._ ..._ ___'. _.. __. '., "..'''. ___.. 18 -=-'·::·1, 3~.4;'8~·15 Ie 1, 2, 3, 5, 7, 8, 9, 13, 15 1D .; "'1,2, 6,' 7:, 8, 9, 10, 13, 15 "" 2 ."~. '.1,':2,' 6, 7, 8, 9, 10, 15 3 1, 2, la, 6, 7, 8, 9,10, 11, 12, 14, 15 - .. ..... . ... . .., . " * "'Facilities that shall be guaranteed prior to approval of final map for the corresponding phase and completed prior to permits being issued for the subsequent phase (i.e., facilities for 11. through D completed before permits for Phase 2 are issued). . b. The developer shall guarantee the construction of all interior public improvements required for development of any unit of developnent .' . prior to approval of the Final Subdivision Map for said unit. . 4. Right turn lanes and dual left turn lanes shall be provided at the intersection of any of the fOllowing street classifications: major-major, major-prime arterial, prime arterial-prime arterial. " 5. Palomar Street from the westerly subdivision boundary 'to EastLake Parkway shall be constructed as a 4-lane collector (74 feet from curb-to-:curb). . ~ J~;-c2~ ~ r . ...... ,0'. 0" .r ._ ( .r ( .Y. . "' 6. NQ. cUrect access· for, r~.iden~~a1,..,~ri_~~y's wp.-lbe allowed to Street,- ·A·. . ~~keParkway, Hunte Parkway" ·Street· ·E", ··D" Street, Street ·F·, Otay Lakes Road,. Orange AVenue and Palomar Street. The location of street eJ:!Þ.:i..E:",~ jar ~~.ies_ f~1!o ,l!Iilti-family- ~rojects to the-above .streets shall be approved by the City Engineer. '1. IÐt. ~taqa" on· cul-c1e-6aœ-.æ1d knuckles shall not be less than 3S feet uiiiëss approved by· the City Engineer. B. a." &~.fP~ ~~"Q. ~1iIt;~~ imP~QV_nt~: is. required on otay Lakes JIOad east of Hunte Parkway. Said transition shall be approved by the City : . £nqi~",,":,:,·:"'7':':'" . _. . .... - .... ,,",~. ~ - . b. ~~inte~lõri':.of..Bun~~"par-,cway" and Orange Avenue- shall require spec:ial-treatlllent to·transi~ipn ~~.t;he prime arterial status of Bunte Par~!r':~uth.erly'.of¡"sa~d:intersection. . ," - . ...-. ... .. 0: -'.'1"-"'e:~-: :;~.. -....-.,'. -. . . -' ..~.. , .--. .. -:". n_ .' '!'ABLE '1 .. " .., :~D~~~.P! ~ITE ~PORTATICN FACILITIES ... .... ':'..~=:-"'r::~.~': ~=;.o: ":.C'i -::.~' ::.~....:. .'-==-Q': ... ,::.e'\f,D·.::>-,...:.=-· ...~_. .... .. -. Facility No·;-·- ::.. . ~~štr·eèt ..- . :..:'~: - Portion . . . . ... :- - .. '" ~ . ~.~: . . . , 1 .EastLake ParkWay; .... .~. -,. . . ,.otay Lakes, Road to Street· "D" .... .-....... _:....___~::.._:...:....:~ ". . 0'_' .. - ._.._"'r.-:_. .. ( 2' .- EastLake Parkway Street "D" to the Interim , - .. _. ~__, " u_.,~ ,=.~..' . Terminus South of ~e SDGIiE ...._._.. ..<0..__.."'._........__...... -...... .. .... .. ..-. Easement 2a EastLake Parkway Palomar Street to the Interim . . Terminus SOuth of the SDGIiE . '. Easement 3 Street' D EastLake Parkway to North . ,_. Street ·A" · 4 North Street "A" Street "D· to Bunte Parkway · S North street ·A· . street ·D· to street ·E· 6· South Street "A· Street "D· to Hunte parkway' · 7 Street "E· EastLake Parkway to street ·A" . 8 Hunte Parkway Otay Lakes Road to South Boundary of Phase lB ., 9 Hunte parkway' Street "E· to North Boundary of Phase lC <.. 10 Hunte parkway Street ·E" to South Street ·A" ~ ),J ~}.) - ---"-~.'- "..-. - , "'" J';..J . ....J~.J .. . \ :.:' ~:..:"i=~ L::£':: ...:. ... . .. ~.- ....:..-- ---:-.. . ' .,....;n.' ',". -.,,_. -'øuñte ParkWaY " ...-... .- SOuth street -A· to 1 - .-- .. ...- . .. ~ange , ." - -. ."-",'... - Avenue -.. .. ,:"'...-.: -, ... .. : .. : ~'. - : '" ._~ ..... ___0 .., .. 1õI....:._~., ....._._,~. e. .---...... - .' ... .. . . ._....0 :'12- '.- ,,~-_. orange Avenue ,:",:n_ Bunte ParkWaY to West - ':':':'_ .~~.~G=; "'" .:_.-:--:'~:.:"- :::.~ .- .. '. Boundary of SUbdivision . . '00 13 " Street -8· Street -A· to Bunte ParkwaY . . k.14 ;... ~~.~:.... ,¡ta].ana~ St'E! éét - :'...; "'. c·' ,.. -' '. 'Jast:!Ake" ParkWaY ""'t:õ" west Boundary of the SubcUvision 15 ~ Lakes ~ Lane Avenue to Bunte Park~Y ........ . . - ---::"- "~'t .':"'~" .. - ._.." '0._'" -' ...-'" -.. -- .... --- .... * In èon'jüñi:tion';V1th: developœnt,,'at . phaSe 1», developer -Y ·construct either that portion of South Street A to connect Street QQ to Street -I). or that portion to Bunte parkWaY· . 9. underground traffic signal equipment and traffic signal sþnðards shall be installed at t.hf¡:foilCJ11ling iiltërsect1C11S: zasttake parkWaY and Otay takes 1Iøad ":':'::B.~I4ke parkWaY ar>d-n- Street ,. ".-. zasttake parkWaY and ·E· Street EastLake parkWay-·and Palomar Street . ,. . ... .... .. 'r Bunte ParkWaY and OtaY takes 1Iøad ''"- Bunte parkway and 'ncirth Street -A· . Runte ParkwaY and ~E· Street ' " .0' .. - -- . ... Buntë-P-arkway ana south strëët' -A· . . Runte ParkwaY and orange Avenue . . -8. Street and Street -A·;" . ,. ' -I). street and north Street -A-. - MaSt arms, signal heads and associated equipment shall not be installed unless approved by the City Engineer. ,10. Interconnect conduit, pull boxes and p.1llrope shall be installed to connect follCJlllin9 intersection signal systems. . Otay takes 1Iøadhoute 125 to Otay Lakes 1Iøad/!astLake parkWay . Otay Lakes Road~..astLake Parkway to Otay Lakes Road!Hunte ParkWaY Otay takes Road/Easttake parkwaY to EastLake parkWay/·I)· street EastLake ParkWay/·D- Street to North Street ·A·/·I)· Street . EastLake ParkWayrl)· Street to JastLake parkwayrE· Street . EastLake ParkwayrE· Street to EastLake Parkway!palomar street . Hunte ParkWay/Otay Lakes Road to Bunte parkway/North Street -A· Hunte parkWay/Street -A· to Runte parkwayrE· Street EastLake park'....yrE· street to Street -A rE· Street Street -A-/·E· street to Runte ParkWayrE· Street - Hunte parkWayrE· Street to Hunte Parkway !North Street -A· . Hunte parkway/SOUth Street -A· to Runte parkway/orange Avenue ( orange Avenue east of Runte parkwaY to subdivision boundary. ~ /;{';27 " .p-.. - -~ - . .. .. .. r__ ( .. ( " 11. a. A conditional use permit. shall be filed with the City for the golf course, clubhouse; and related swinlning and teMis facility prior to 1! 'ð., issuance of building permits for purposes of regulating operations, . uses, and site design. b. IDeations where golf course crossings of .tr~ts are Provided shall . be clearly signed and marked. Where streets being crossed are classified to car raffic at a' speed grea~er ~han ~:> øph, such OSSln 1 onl be at nters ons or oug e use gra e -- eparation ~ur-es-~~·. . ..,._. '-.... "'r-~''¡='' __ . ..,. , c. '.ft1e developer or other subsequent owner of the golf course shall agree to be .responsible for the payment to the City of œgoing repair and maintenance c:csts of any grade separation structures which may be z;equired for the benefit of the golf course. . - -..-.......-. ~ . .. ... '" :.·a·.": .. -, : . d. 'Golf Course Ãfety fëatures shall be reviewed by the' City Engineer in .. -::.conjunction with :ccnstruction of .the golf course. 12. All. str.eets _ ~ich .intersect .otber streets at or near horizontal or vertiCal ·curves "lIIt1St. meet· intersection design sight distance requirements in accordance with Cit.y standaràs. ::;ó,!:_!.- .'~:",.'~ _ '.:.: ;'_' _,', . \ 13. a~ ~ ..BUs stops'W1th'conc:i-ett: benches shall be provided along both sides of . . Street ·A· adjacent to the intersections with the following streets: I :¿::~.stx:eet¡.:. ~~~. .St;r"t :.·G·, . .Street ·D·, Street ·00· and Street· ·FFF·. i ~·:-,~·BUIt~ .turnouts shaU. be . provided to the satisfaction of the City ( : .:- ..Engineer. '.~: :.:: ~ _. -- ~~:;_': :o·ë:~..:f·. :.:.~': _·...:-.,;i. . b',¿:~.:.~:stoPsf.!fitl):')C;qñctet.;benches shall be provided along both sides of :; :: ..Hunte Parkway adjacent. to the intersections with Street ·E· and south I --. 'Street· ·A·; -"sus shelters as approved by the City Engineer shall be ¡ . provided along both sides of EastLake Parkway adjacent to the¡ intersection with Street ·E" or appropriate alternative locations. . .". ....:. ........... _:"~.- 1.-. . . 1 14. Right turn lanes shall be provided on Street · A· at the intersections of : Street ·A" with Street ·D" and south Street ·A" with Hunte Parkway. A right turn lane shall be provided on EastLake Parkway at its intersectio i with street ·E". . . . . . 15. a. All streets within the IlUlti-familŸ developnents and the access road to· Unit 29 shall be private. Detailed horizontal and vertical alignment of the centerline of said streets shall be reflected on the inprovement plans for said developments. Design of Aid streets shall meet the City standaràs for private streets. .' . . b. Private streets in Units 1 and 2 (single family detached units) shall ll'eet City standaràs for public streets or standaràs acceptable to the .' City Engineer. c. All subdivisions proposing private streets with controlled access devices, such as gates, shall contain the following features: ( ~ /.2 -02f . --..--..- __.~"._..,,___ -- "",,"_n.""=-"'='.'·"'--· '.. . l'l.. ( ~( ( (1) . Gates shall be approved by the City Engineer. Gates shall be ~'. : - located.. to· provide -sufficient room to queue up without - -.. -. interrupting-traffic on public streets. . : ~2-:!.. !::: g: ':~ '7-e.:.:... (2) A turn around shall be provided at the location of the gate. ... -= .:. ...!l'be size and -location of. said turn around shall be approved. by -.. .: _the City Engineer. . . . . . . .. ... -. :0) ,:'!'he border between· public street and private street shall be .sE~~õðel!nætðc:t".:thl'Ough the use of distinctive pavement. . . ·.W. ~ov.~si~,:s ~hall ~ made for emergency vehicle access. _ .. ....... ... 16. All the streets;shown.on,the subject·tentative map within the subdivision bouncŒ¥,:~e:icePt as· described above, shall be dedicated for public use. Detailed horizontal and vertical alignment for said streets' shall be reflected on the improvements plans for the subject subdivision or any unit ::thereof..' Design:o£··.said: streets shall meet all City standards for public streets. . , .. . '. ... _.. -..... ....... ... .. 17. ·~e~ownet'. shal1·qrant··:to _the City street tree' planting and maintenance ..easements along .all.public"streets within the áubdivision as shown on the tentative map. Said easement shall extend lr! feet f'rom the back of th.. .. ..;ñel@..1k "except: 'on "Hunte . Parkway and porllons of EastLake Parkway as provided : below . ':Alonq' Hunte' Parkway, said easement shall extend 10 feet from :t:he~. property::. line and :shall contain no slope steeper .than ;:1.- (horí.zantal·~to· verttcal ratio); . The entire area of said tree plantlng ( I, easement along Hunte Parkway shall be offered for dedication on the ~. subdivision maps for .fÏ1i:J.ti:!.- štièët-"Pß'iÏ'2s.~§._- The tree plll.nting easement i ~on~_those ··.portions-l)f:$aS~·Parkway cont.Aining· meandering' sidewalks ; shall. coincide· with "the proposed sidewalk easement as shown on the .! Tentati.~t1ap~. =~,. '._ ¡¡,,;~.¡;:.: !>." !:-.._ . . . . .... ......._ , ¡ :::: ''':,' :..':'~'.~ ...... .. -.....-. .0....... ... ..... lB. '!'he owner shall grant to the City a 10 .foot sidewalk easement adjacent to the property line for the installation of a meandering sidewalk at the following locations: _ -. ~ . a.' otay Lakes Road along the full length of the frontage of Uni t 17. . b. EastLake Parkway - along the front~ge of Units 29, 34 and 32 (north of the intersection of "E" Street). C. Street E , - Between EastLake Parkway and Street - along the frontaqe of Unit 25. - Between Street A and Hunte Parkway - along the frontage of Units .. . 2B, 29, 37 and 39. . 19. Prior to the approv~l 'of any final map for subject subdivision or any unit thereof, the sub"ivider shall obtain all off-site right-of-way necessary l for the installation of required improvements for that .unit. ~ /)-.;26 t ._. ..----- -- ---~ -. ~_~ ._u..~._ _..._.____ _____'__'0___"___ _ _ ----- --- -- . r ( .J ( ··.0 $- ..'p If the developer requests the City to use its powers to acquire said * off-site right-of-way, the developer. shall pay all costs, both direct and ( indirect incurred'in said acquisition. . '. 20. 'l'he developer shall grant. to the City I' control lots adjacent to the fOllowing sticeets:· ..':':r:.;·. ......:... . .' . .. ... - .. -... a. South end of EastLake Parkway. b. SOUth:. end .and east side of Bunte Parkway.' c. Both ends of street A. -d. Both ends of Orange Avenue. _ e. West end and southerly side'of Palomar Street. f. Both sides of Orange Avenue. - -. -:" .-'" .' .-. . .. ... - ~ . .:... - :. ....-. '" 1"" 21. striping plans shall be provided for the following ·streets: street .A., Street "D", Street ·E·, EastLake Parkway, Bunte Parkway, Orange Avenue, otay Lakes. Road and Palomar street. Striping plans shall be approved in c:onjunction with inq>rovement plans fO,r said streets. . . 22. Prior to the approval of any final subdivision map Which includes a portion .of:. the streets . listed 'below, the developer shall submit· plans åeDDnstrating the.feasibili.ty:of .the extension of the said streets: ~ :.!;~.~~::.;~ ':'~. .~: ;-: ,- 7. .. ,. a·.··· EastLaIæParkway.- from Palomar Street to Orange AVenue. b.' Hunte Parkway. --from otay Lakes !load to East "H" Street. . co'· P.akmlar :.S~reet -.irom th~ subject subdivision ··a miniIIIJIII d1f;tance of ·"~·.i:,OOO ft; westerly.' . ( ~..: ~~ .~~~:e A~nu~'~ ~ ~~~~. diS~~~f ~1,OOO' ft. westerly. . ~: _'. 23. a:.::::~ Tbe;·.=dev.eløp.er:, sbaU:'!<Submitcalculations . to·· œmonstrate compliance ~-¡:: with·all drainage requirements of the SUbdivision Manual to include, but not be limited to, dry lane requirements. Calculations shall also be provided to deJronstrate the adequacy of downstream drainage '. structures, pipes . and inlets. . . .. . b. Specific methods of handling storm drainage are subject to detailed approval b¥ tbe City Engineer at the time of submission of improvement and grading plans. Design shall be accomplished on the basis of the requirements of the Subdivision Manual and the Grading Ordinance (U 797 as amended). . c. Graded access - shall be provided to all storm drain structures including inlet and outlet structures as required by the City Engineer. Paved access shall be provided to drainage structures located in the rear yard of any residential lot. 24. a. 'l'he develoœr shall obtain notarized letters of permission for all off-site grading work prior to issuance of grading permit for work -- requiring said off-site grading. . b. Lots shall be 80 graded as to drain to the street or to an approved drainage system. Drainage shall not be permitted to flow over slopes. l ~ /;2-c2l . .. __"_0__ _m______.___ ____"_____ ,. :. :. !' __- ( ~ í . i 25. Sewe¡; manholes:sb':U::be-'P£OVided .at all changes. of alignment and. grade. Sewers serving 10· or less equivalent dwelling units shall. have a IIIinimJm ( grade of It. . . 26. 'the developer shall CQIIIply with alJ, relevant Federal, state and local œgulationS',7 .: including the Clean Water Act. 'the developer shall be responsible for providing all required testing and documentation to dem:>nst:at.e ~_~id CQIIIpliance as required by the City Engineer. 27. ipaVed ·.a"~ss r~d~With ã- miiwiUin wid¿ ~f 12 feet shall be provided to all sanitary sewer manholes. The roadway shall be designed for an 8-20 wheel' l~d ~r- ~er ~~ding as approved by the City Engineer. . I '" . OO" '.. _ ¡ 28. 'the developer shall grant easements for all off-site public storm drains - and:sewer' facilities prior:'to_ -approval of any final map requiring those . f',....;·1ities. Easements'shall be a minilllllll width of six feet gréateE: than \ pipe size, but in no case, less than 10 feet. =::-~:.-.:._.':... .__......~.........- " - 29. An erosion and sedimentation control plan shall be included as part of the .. . grading plans. _.... ." . :-::0,:.- ... ...;...... ~-:::.:..:. ..':.....-= ... ._ ·SO.. '!'he·.developer shall'. entel: . into ..an· agreement whereby the developer' agrees that the City may withhold building permits for any units in the subject : subdivision if traffic on·Otay Lakes Road, Telegraph Canyon Road, EastLake . Parkway,' or East "B"· Street exceed ,the levels of service identified in the ; City's'iBdopted: thresholds..·... '.. :: ;OO :.._: (.<1 33,.)/;:. . 'rne':ptope~y owner . shall agree 1:0 not protest formation of a district .' . , for the maintenance of the drainage channel in Telegraph Canyon. .. . ·It _ . . . . . '')4' "Ttie..prcperty.-owner sball:lIa9ree'to not; pro\.est formation ofa district for: the: maintenance of..lan~æped. median!; . and parkwaY!l: . along streets within and: adjacent.:to'ithe·.,subject property. _... - I e·" ..... ..... .. c. The property owner shall enter into an agreement wherein he agrees to not protest formation of an assessment district for the construction of street improVements to connect Orange Avenue and Palomar Street to existing improvements to the west of the subject property and to not protest inclus!on of the subject improvements as projects in the Eastern Territories Development IJIi1.act Fee system. 32.·a. All sanitary sewer facilities required for development of any lot, , unit or phase shaÜ. be guaranteed prior to r~rdation of a subdivision map for said lot, unit or phase. ". þ. The developer shall provide for the costs associated with maintenance of the sewer pump stations prior to approval of any subdivision maps - 'Which shall require said pump stations to provide sanitary sewer .' service. - ·c~ The developer shall obtain permission from the City to deposit sewage in a foreign basin pdor to approval of any subdivision map which <... shall require any sewage to be transferred from an existing basin y /02 ~='2~ - r --c- -s ç r'~' . . . ','. - .. " ~ into anothét' .basin. -- '!'he permission" shall be' in . the form of. ~ - ( '¡":'agreement whereby -the City· shall 'agree to such transfer, and the 00:-:' -.'-developer shall agree to the construction of certain iJrprovements in . the system that will accept said sewage and to the circumstances .... under which said permission may be revoked. . . / ~::"~'--:'-~'...~ . ;- ... - --..-.. :-,,- ':_&:.:: . =- .. - . . - -.. ....-.. .... 33. Prior··to the approval· of any- final map for any lot or unit, the owner . shall - guarantee the' . construction of all iJrprovement (streets, sewers, -- drainage, utilities, etc.) deemed necessary to. provide service to such lot . . ~=ünit~iñ=aœorðàßce·with<CitY:·standards. -- ,:"~... ., ·;.-r,·:·y ..... - 34. Prior to approvàl of, any' subdivision map for single family residential . use. The developer shall SUbmit a list of proposed lots indicating whether the structuré' 'will-' be located on fill, cut,. or a' transition between :the. two. .1tuatiOns. . -. :- :".:- - " . .. . .- ....... _.. .. ... . .. --.... -_.... , .. eo .. .... 35. SO.reh ~Street. '"A" and ··street;~" (between Street "A" and Hunte Parkway) shall be 52 feet wide (curb-t~rb) within 72 feet of right-of-way to provide for on-street parking on one side of each street. -~.."."" -- .... ... 3&. Off-site 1:UII\Ulati ve transportation impacts , shall be -mitigated to insignificant levels by participating in the East OIula Vista '1!ransportation . Phasing- ',Plan ·.on- a ' fair share basis with other area developers. .': :: :;;:.:' - __ . . '·U. - ....... -, , 37. .EaStLàke;:c;reens:'~·U".:be:'SUbject to any new City resolution or ordinance ( regarding cable television. . -- - -- .. .... ...,..... .. . . -- ..-- .... '" . '. .... _...... .' . Plannina Deœt:tment:..Condttions: : :.-: __:._:'.=~'. _. ... . _ -- . - 38, a.. Applicant shall· request the formation of an open space district. Maintenance: ole-speCific areas may be required to be performed by the master home~èr~s·association. Open space slopes shown adjacent to pUblic and private neighborhood parks shall be included in the established maintenance program. " '. b. Park dedication' and ill'q)rovement credit for private parks (up to 50\) 1IBY be considered subject to approval of ill'q)rovements, park acreage and ~ctiVity areas provided. . - c. Develo¡:ment of all public and private park areas receiving park credit designated on the subdivision map shall be subject to the awroval of the City's Director of Parks and Recreation. said approval shall comply with-the standards listed in Section 17.10.050 of the l~nicipal Code. . , 1.'1. ~Aintenanoe and credit for the proposed Open space trail system shall be sub~ect to approval of the Director of Parks and Recreation. 'lbe .- trail shall consist of an approved D.G. base. . e. Park dedication credit for the COIIIIIUnity park shall not include the slope area adjacent to proposed 1125: however, credit shall be given l when park improvements' in excess of the Municipal Code requirements are provided. ~ ;..2 -c2; - . - - .. ....- ..- __ ._~ .n_' _ -~----'-'- ---~-- .--.... .-....- .. '.. . . (.t· (et , . .'. <.~... f Any PAD fees to be waiVed shall be done so upon completion of parks . or - bonded guarantees of park completion. Bonds provided to the ~ . Department-- of Real' Estate may -- be - SUfficient - guarantee for private . park ·iJrprovements. ..;.,. a....... . ....... . .- .- , . g. - No waiver of Residential Construction Tax is made or iJrplied by . :.:'~~ approval ot~this map. - '-". ... ~. .- .- -- . '.. . . - 3~:. ~rJc acreage. of. 24 acres shall be provided subject to the approval of park imprtWement"Pl"cmS'by' the~ Director of - Parks and Recreation. - 40~ The open space corridor encon;:.assing the SOO&E easement and the San Diego vater line shaU· be incorporated into adjacent land use plans as usable open space and/or- parking. The adjacent land use lots shall be graded to accomplish an acceptable interface. . ì 41. The 5:1- 'gradiñ¡i shown on EastLake Parkway (reference sheet '2) shall be . eliminated and- shown as 3:1;.· .42,. A minill'l1lll 15 ft. wide landscaped area shall be provided between the Sidewalk iU'ld wall areas-' created along single-family areas on Street eA-. . 'R)TE: Down slopes shall COIIInence at a minill'l1lll distance of 10 ft. fran the public .sidewalk.-Alternate tree plantings in approved concrete cone root : containers will be considered for limited areas. "3. Copielt.of·o'proposed.a::&R.'s.shall be fHed with the City. 44. A low and moderate income housing program with an established qoal of 5' ~. :l~- and~~t~.l!Pderate~È~ll be implemented subject to the approval of the Cit:YTš'housing coordinator. roTE: A It change resulting in 4t low and 6t moderate . is deemed an acceptable tolerance. This condition shall be deferred :and--further':evaluated: 2JS, r'factor: in .the analysis of .the General Plan density policies as - they relate to parcels R-24, R-25, R-26, R-27, and R-28. . . ~ .... ...... .... . ...' ~ 45. All paved access to sewer: and drainage outlets shall be subject to approval by the Director of' Planning. ~6. A mininum of three church sites totaling 7 acres shall be designated prior . to recordation of the final map. 47. ~n space easements shown at the rear of various lots backing onto the qalf COurse shall be included in the golf co~tse maintenance program. 48. All lots adjacent to intersections subject to road widening requireme~ts shall require further review by the Planning Director to determine acceptability. ., 49. School development shall be phased to provide facilities with adequate capacities to serve residential occupancy. Hello-Roos Community Facilities District has been formed by the respective school districts. I , , I ~ /;2 ~ ;Jf) I I ! , . - -- -- - ~: :~ ~.. · . fÍ ., C ,. ( ..' ~. '." Surface and Subsurface Drainaqe: Surface runoff into downslope .( .. . natural areas and graded areas should be minimized. ¡ft¡ere possible, : - drainage should be directed to suitable disposal areas via nonerosive devices n.e., paved swales and storm drains). ~,' ...Pad drainage .shoul~ be ~s~gned to .(X)llect and direct surface waters -... away from proposed. structures to approved drainage facilities. For earth areas, a miniDUn gradient of two percent should be maintained .: '-.. ilr!d drainagt!_ shouJ,d ~ directed toward approved swales or drainage - - r.enIdes. urlllnage patterns approved at the time of fine grading . should ~ maintained throughout the life of proposed structures.. 70. S~rains shall be placed under aU fill located in eXisting drainage '9ul1~~IL at 4~ntified o~·· pgtential.. 4Seepage areas. Specific locations shall. tie-evaluated in the field during grading with general -8Ubdrain loça~ions . indicated on the approved grading plan. The' subdrain installation shall be reviewed by the engineering geologist prior to fill placement. _ 71. Drainage devices are required behind stabilization fills to minimize the build-up_.. of.. hydrostatic. and/or seepage forces. (See Preliminary Geotechnical Investigations, San Diego SOils Engineering, Inc. (1986) for details and recomnended .locations of· these backdrains.) Depending on slope _ height, at least. one tier of drains would be required for approximately every 30 feet of slope height. Drains may also be needed at (X)ntacts between permeable and non-permeable formations. ( 72. Slopes shall be planted with appropriate drought-resistant vegetation as . reco"."endegby a -landscape architect illlnediately fOllowing -grading. Erosion (X)ntrol and drainage·devices shall be installed in ccmpliance with the requirements of the City of Chula Vista. . ," ..-. . 73. Water.shail not be- aUowè¿f·tö· rW1 oVer the top of or flow down graded or natural slopes. ~4. Devices (X)nstructed to drain and protect slopes, including brow ditches, berms, retention basins, terrace -drains (if utilized) and down drains shall be maintained regularly, and in particular, should not be allowed to clog 90 that water can flow unchecked over slope faces. Subdrain OUtlets shall be maintained to prevent burial or.. other blockage. 75. To ensure that significant and potentially unique fossils and paleontological resources are not destroyed wi thout examination and analysis, it shall be required that a qualified paleontologist monitor the initial grading activities during development of the EastLake Greens site. 76. a. Walls and/or berms shall be installed to the satisfaction of the Director of Planning to reduce noise exposure to acceptable levels " onsite. . '!'he applicant has proposed' an optional 5-foot fence enclosing the· perimeter of the residential boundary (Figure 2-10), and the 5-foot l wall height was factored into. the model to analyze the effectiveness ~ /,)-J/ - ------- ~ ':.. " ò . 4 ~ .' ~ t.. I;, , ,. . '" .. O!':"SI!ch. a_wal~ C!t!..th'L~!s!!i!!.cant noise impacts projected onsite. In ·c some cases, .a 5-foot wan- :height was determined not to be required : and a lower wall height was evaluated. · ... ; .. . -. ~ ... -. It was determined that a 5-foot barrier along the top of slope on , porUOns..of·,the ·eastem :aide "of EastLake Parkway and portions of the · :!:.n1:èrna1;·loop. road, and contiguous to the northern and southern entry roads, would reduce projected onsite noise levels below 6SdS(A) .Q/EL .' · (Figure .4-17).. A 3-foot barrier would also be required along -the ëenttal: golf ë:curse--roað: ·to"further· attenuate onsite noise levels; Noise levels at the park could be reduced through the incorporation of barriers of minimal height (i.e., 1 to 2 feet). Walls are not ." rec......,lCnded because of aesthetic considerations and because the · attenuation required is only two decibels. Attenuation at the park could be achieved by raising the pad elevations near the contributing - roadways by. 2 feet instead of 'incorporating a barrier. The barriers along residential portions of the site should consist of walls, earth berms, or a combination of walls and berms. NOise levels above 65 dB(A) and below 75 dB(A) CNEL "are considered compatible with the '.. proposed 'convnercial area in the northwest corner of the project area . .... .'and no barriers are required to attenuate the noise levels in· this . area of the site. .. .-:' .." ..' . ~ :"-:'. .. Based:oQ the. current grading plan, the identified noise walls would - mitigate the projected exterior noise levels below the. required 65 ·.:or;~:aœr.·.standarà·,·anà~.to: iI.:level,-of . insignificance with the exception of the park Where slight exceedances would occur. If the pad elevation ~ .. ::. ~Si~~sed, as' ~:eco.,.,.ended~ ".~~oadverse n~i~e ilrpacts would occur ':_."0._ .... ..' .... ..... .. .. .. .. . b. For. .those portions of the site exposed to 60 OŒL or greater (identified in Figure 4-17), an interior acoustical analysis will be .' " :tequired once building plans and site plans are" made available to -.ensure the use of appropriate construction materials to attenuate the interior noise levels below a level of significance. 77. On an interim basis; Parcels R-24,·· R-25, R-26, R-27, and R-28 shall be zoned at the target density of 4.5 dwelling units per acres. A maxinum of 4,034 units will be approved for EastLake II until such time as the guidelines for exceeding the target decsity for the General Plan Update are resolved. The fOllowing procedure will occur to determine additional density, if any, for the EastLake project. a. Specific guidelines for exceeding the target General Plan density will be aåopted; , b. '!be adoDted General Plan policies will be applied to determine the incremental units to be added to EastLake II. .' c. '!be units fran the new calculation will be distributed to these five parcels or other unsubdivided portion of EastLake Greens Tentative Map. l. . V /~~J2. .~- ..-..r-....~ _. .. -.. .,"-.".~.~;.....,.-".~"."''''''._"~-''''_''''''.'''.,-~';¡'_~...1ii.'1iõ.':i. ~.... '.~' _~. '<....____, .~~~--::-...:,.r,,_ ..,____~'\~ ~., .... _.....____ . ~~ _J -J j . . . .-, . . " 0 - " 50. Provide stree~ names on the tentative I1Bp~ . " ~ .. ...... r: 51. A conceptual landscape' plan,' together with a water management plan, shall be provided" prior' to City Council approval of the tentative map and - subject to the apprOVal of City's Landscape Architect. '.: '~., . . . .. ~ '. 0_"" :.. .". , ........ . .. . ........ , , 52. Development of'all-parcels shall be in accordance with EastLake Gr_ SPA Plan, Public Facilities Financing Plan and Design Manual. . . . 53. :~,:,deYeiOpe¡:!'''ShaH - ennex-"al1- areas' wi thin - the-"sal:iðivision boundaries . prior to recordation of any final map. - 54. '!'he. phasing plan shall-be designed.to CCMect. interior subdivisions within Phase I to the satisfaction of the City Engineer. . . ., ... . 55. All lots without approved private Or public access shall be s&own as a single lot. I -. . .. .. I 56. The O¡:ien space shown adjacent to easterly side of Route 125 ccrridor shall be· dedicated to the City across its entirety for future transfer to the State. of California· as . part, .oL:futuœ~~·!'reeway. right-of-way.....School , \ District has option of putting in retaining wall 'across the high school sit!.· .::'" .. ~ .-- . . - . '. - _. , 57. IDtting approval for Unit 14 shall be continued until a precise plan .' ,åe.tailinq:the· -design of the.. project is reviewed by the Design Review ( Committee. Thereafter, the lotting of Unit 14 will be ccnsidered by the ,'. 0 cit;y Council ·f~r. .tentative subdivision map approval.. 58. Orange Avenue corridor design shall be subject to approval of the Director of Planning regarding grading, slope grading, landscaping and fencing. "'-0..;.- .:-' ~_.. .:....._.._ U'~~ ë::~:'. s.~ 7~ ..~.:.-:~. 59. Ai1ïotS in" u~ii:S"4~ '7,-'-;113'8 ~all 'be a miniilum of 50 feet wide and 20\ of 101:$ in Units 11 and 13 shall be a minilllJlll of 50 feet wide. A minillU1ll of twenty (20) percent of all lots within Units 4, 7, and 8, 11, and 13 are intended to ac.....".,oOdate one-story units or units with a one-story plateline along the street frontage. said one-story units shall be placed on lots with a minirrun width of 50 feet. - Any units displaced as a result of revision to the subdivision IIIIIY be considered for transfer to another unit within EastLake Greens. 60. Major entry points to the EastLake Greens development shall' require approval of the Director of Planning with respect to grading, slope gradient and landscaping. '0 61. All of the open space lots shall be dimensioned (see Loop Street ",._ adjacent to Units 14, 39 and 13). . . 1;2. Q:len space lots adjacent to private parks shall be included in the private. parks to be maintained by the Homeowners' Association. l ~ /.2 - J ~ ------- . . "_M___._" o. '. r _( (( ( . l . . (3, Ä"Water .agreement with otay Municipal Water District regarding terminal ( sto~a~~.and water supply shall be ~equi~ed prior to approval of the final ' .. IIBp. ... _ "'.'.. " . 64. A pedestnah bridge or an alternative acceptable to the City Engineer shall be constructed over otay Lakes Road to connect the conmunity trail ftcim EåstLake I'to EastLake II. EIR Mitigation Measures - Planning ...... .;.!"~-= c:C:"..t:"~.-:-, if",: ~n:'-:: ...... ,!~t:..~~ ...__..... " ~:~~...... '!:....~ _.............._ 65. Residential . land uses planned adjacent to or near COIIIIIercial and industrial Uses shall be adequately buffered. Necessary measures will include' ð" wall or· fence to decrease' noise and increase privacy, a physical, vertieal· Or horizontal separation between land uses, i.e., a road, slopes or a landscaped open space bUffer, or some type of vegetative screen. Impacts occurring as a result of· site-specific designs will be lliitigated on a site-specific basis. (pg. 4-15) 66. Iii order to lliitigate the site specific impacts, the following must be completed· in accordance with the thresholds policy and the East OIula Vista Transportation Phasing Plan: a. . IJrprove Telegraph Canyon Road between State Route 125 and the EastLake Greenslrrails boundary to six-lane prime arterial standards. . S~;:",·Qnstruct P.'Bnte Parkway. aR§'· EastLake Parkway as IIBjor roads between . "-.. Telegraph Canyon Road and Orange Avenue. ( ~~ .. ~~struction of' ~ - southbound State Route 125 to eastbound Telegraph "'. Canyon Road lõop ramp at the State Route 125lrelegraph Canyon Road intersection or extend State Route 125 South to East Palomar Street (which would connect to the EastLake II street -;._.. -system). " .. ."-.'.. (pg.'4-37)' - .. . -- . 67. The on-site water storage tank shall receive additional landscaping. This shall include the use of additional vegetation within the site compound to obscure the tank itself, as well as exterior landscaping o~ the perimeter fence to provide a more aesthetic screen. 68. Residential units in the vicinity of the SDG&E transmission line shall be spaced and oriented to lliinilliize views of those facilities. The 50-foot buffer along both sides of the roadway traversing the northern site boundary shall receive sufficient landscaping to effectively screen development associated with EastLake I. Additionally, residential units in the northern project site shall be spaced and oriented to lliinimize views to the north where appropriate. ., 69~ A prelilliinary geotechnical report has been prepared for the EastLake . Greens property by San Diego Soils Engi~eering, Inc. (1986). This report contains· various recommendations to provide adequate surface and subsurface drainage and erosion control that shall be incorporated into . the project design. Recommended measures inClUde, but are not limited to, o the following: ~ ),2-JY ........ . ,(( ¿j£ C( ......... . . . . " . . '. ... d_......The SPAHPlan and. Tentative Map will be returned to the Planning . Camdssion ,and city CoUncil for adoption of the increased : J density, if any. ' i ' 76. Prior to the recordation of the final map, the EastLake I private park agreeme...t-shall·_be awrOVed:by .the City.COuncil..... : - ~ -: :":": .. -.... ~...... . '79. The EastLake Greens Development Aqreement shall contain a provision making the EastLake Greens project Subject to the Transportation Phasing" Plan'and the:~owth-ManagemenÞElement: of ,the- 6eneral Plan....·. . , , , - 80. Prior to recordation of the final map, the applicant shall submit an agreement to. the City regarding public use of the golf course... This maY'. -be "addressed in the conditional use permit required for the golf course. ' . , . 81. The, Planning Corrmission reco.,.,,~ndation regarding the reduction of dwelling units contained in COndition 13 of the EastLake II General Development Plan is incorporated in~o this resolution (EastLake Greens reduced from 3609 dwelling units to 2774 dwelling units). . . .... _e.... . ..... .._......_ .' PINDINGS: Pursuant to section 66473.5 of the SUbdivision Map Act, Tentative Subdivision Map for EastLake Greens Tract 88-3 is found to be consistent with. the :Chula Vista General Plan as adopted by the Chula Vista City Council based on the following findings: ~ ~. 1. Land Use Element The General Plan designates the EastLake Greens areas for tow-Medium Residential as 'well as convnercial, public, quasi-public (schools, parks, churches) and some open space.· The reco....ended 2,774 residential units is within the density (between target and maximum) range of the General Plan residential designation of low/medium residential (3-6. du/gr. ac.), including density transfers from the park, school, anël golf course to the residential area (327 W). 2. Circulation Element All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIP fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan and Development Agreement,' . 3. Housing Element The proposed project will provide a m1ninum of 10\ affordable .' housing including a mix of housing types and lot sizes for single-family, townhouses, condominium and various apartment densities that will provide a wide specttulll of housing prices for persons of various inc::aBes. ~. . ~ Jc2-J~ . I I "~ ' ."" . ) ~ ~l." .: 4. Par.ks and Recreation Element . : C Tlu! subdivision will provide approximately 40 acres of inproved COImIUnity and neighborhood parks in accordance with locations and . standards of the General Plan. The required park acreage for ,~:~~!+a!ce ~reen$-fs29.2 acres. 5.. Public Facilities Element . . - r~=~-The - project o'is, -rcbligated -"in the· -conditions of approval to participate in providing the water facilities, wastewater facilities and drainage facilities required by the POlicies of the General - ·:'Plan. These include emergency water storage reservoir, construction - of a .50 million gallon facility by CtIWD, provisions for additional . wastewater facilities by parallel sewer pipelines and co~tructing on-site detention basins to reduce peak storm flows. 6. . Open Space and Conservation El~t The proposed subdivision 18 in COnformance with the goals and policies of the element. There are no land resources, water resources, plant or animal resources or open space areas identified for preservation in the General Plan for this site. 7. Safety Element - .' . - ... . '.1'he. project site is considered a seismically active area, although ( there are no known active faults on or adjacent to the property. - .The fire. protection facilities and services needed to serve the project have been reviewed by the Fire Department. Other. emergency service agencies have reviewed the proposed subdivision for conformance with safety POlicy. The project will increase the need for additional. police and fire personnel, however, the City is planning to meet the need with additional revenues provided by the project. Pursuant to 5ection·664l2.3 of the Subdivision Map Act, the effects of the tentative ~ap for EastLake Greens Tract 88-3 on the housing needs of the region has been considered in that the Subdivision will provide a variety of housing types that will serve all aspects of the COIIIIIunity. The Council has further balanced the need for hOUsing against public service needs of its residents and available fiscal and environmental resources in that the City has weighed the fiscal effects of the project and finds that it will not deplete current resources and has further balanced the environmental effects by incorporating mitigation meÍ1sures. Pursuant to Section 66473.1 of the Subdivision ~.ap Act, the EastLake . Greens Tract 88-3 has provided to the extent. feasible for future passive or natural heating or cooling opportunities in that the proposed design has a predominant north-south orientation of long, narrow .Pðrcels l. ~ /o?-Jt>' 0..... _ ..-:_ ~.- ... - .. --:' .... ..~.,...., ,. -- . ~ .~. ~.. .......,.. ~ ..~...... ...,ICIt.. '..' '-- .. ~ _. -~, ,- . -'-"--. ~ . . .. ( .-' ( .. . . "".._~ , & . . l+' . encouraging east-west orientation of buildings and creating southern ;¡ , . exposure for pitched longitudinal roofs to facilitate solar energy. 'r' 0. ., .., Presented by Approved as to form by .~~"...'_:t..,'A: ,.:~-:t....... _; ._ "._ _:"~':.:. ¿t~_k~~~ ge Kremp Duec of Plannng - 5930a .. . , . _.. .. .. . - . - .. . , " '. - " . - ç '.. ~ , . . . .. .. . ~ , - .. . .. . . . , .. -- ., .' .' . l ~ /,;2 -37 ------ -~ ,.....-- '", .......' .. .. ~RDINANCE OFFEREO BY MAYOR COX, as amended, the reading of the text was waived by unanimous consent, passed and' approved with ¡ouncilman Malcolm abstaining on the Country Club portion of the !uning ordinance. 15 PUBLIC HEARING CONSIDERATION OF FINAL EIR;'86-4 - EASTLAKE 1*'1 GREENS (Director of Planning) - a. RESOLUTION 15197 CERTIFYING FINAL EIR-86-4 - EASTLAKE GREENS PUBLIC HEARING PCM-B7-7 - CONSIDERATION OF EASTLAKE II 1."";6 GENERAL DEVELOPMENT PLAN, PLANNED COMMUNITY DISTRICT REGULATIONS( EASTLAKE GREENS SECTIONAL PLANNING AREA SPA) PLAN, EASTLAKE GREENS PUBLIC FACILITIES FINANCING PLAN, EASTLAKE GREENS DESIGN MANUAL; EASTLAKE DEVELOPMENT COMPANY b. RESOLUTION 15198 APPROVING THE EASTLAKE II GENERAL DEVELOPMENT PLAN c. ORDINANCE 2317 ADOPTING AN AMENDMENT TO THE EASTLAKE I 13':'/1 PLANNED COMMUN ITY D I STR I CT REGULA nONS TO ADD EASTLAKE II TO SAID REGULATIONS - FIRST READING d. RESOLUTION 15199 APPROVING THE EASTLAKE GREENS SPA PLAN, '3<";;" PUBLIC FACILITIES FINANCING PLAN, AND DESIGN MANUAL e. RESOLUTION 15200 APPROVING TENTATIVE SUBDIVISION MAP ,~~3 PCS-88-3 FOR EASTLAKE GREENS f. RESOLUTION 15201 ADOPTING CEQA FIND I NGS AND STATEMENT OF I?~/( OVERRIDING CONSIDERATIONS FOR EASTLAKE GREENS g. RESOLUTION 15202 ADOPTING THE MITIGATION MONITORING REPORT 1~515 FOR EASTLAKE GREENS, EIR-86-4 This being the time and place as advertised, Mayor Cox declared ,the publ ic hearing open. t t . Planning Consultant Doug Reid explained that a Master ElR for all I the EastLake development (including EastLake Greens/Trails) was completed in February of 1982. In addition, 392.1 acres of EastLake Greens were revi ewed in an E I R prepared for Eas tLake I in January 1985. This presentation contains additional information, and covers effects on the environment which are not specific to Üe EastLake Greens/Trails site and those that were not previously addressed as significant effects. , ~ J~~Jr , , - - . ¡ Minutes - 9 - July 18, 1989 Mr. Reid then introduced Jeanne Munoz, ERC Environmental and Energy Services, who presented conclusions in the final EIR and also the findings on the CEQA related documents. As. Munoz noted essentially, the one significant unmitigab1e impact would be on paper only: air qu~lity. Th~ reason being that it is in non-conformance. In the San Diego area, a project is considered to have a significant cumulative air quality impact if the project has not been included in the SANDAG Series 5 and 6 Growth Forecast. EastLake Greens and EastLake Trails were not included in those forecasts. At the time at which they become included the project will be in compliance and conformance and it will no longer be an unmitigab1e air quality impact. Councilman Nader noted the unmitigab1e impact on air quality (on paper) is a real air quality impact and it is only on paper that impact will disappear if SANDAG revises it projects and the implementation plan for meeting quality air standards is revised. He questioned the existing inadequate implementation plan and the need to revise it to be stricter and asked how it is that we anticipate the implementation plan and the SANDAG forecast will be revised and therefore, on paper, the air qual ity impacts unmitigated will go away and somehow remove the same amount of air pollution that was an unmitigated impact on the EIR. Ms. Munoz responded that it is confusing, but that 'what it is, is üat on(e the SANDAG Series 5 & 6 forecasts are incorporated into the revised Air Quality Management Plan, this project will be in compliance with the predictions made in that plan. It will not change air quality at all, but it will be in compliance and performance. The point needs to made however, that in large part, the problems with air quality in San Diego County are a result of the air quality problems in Los Angeles and there is nothing we can do about that. Mr. Bud Gray, City Consultant, noted he would be discussing the £astLake 11 General Development Plan and the EastLake Greens SPA Plan'; Tom Bandy from Will dan woul d be presenting the EastLake' Greens Public Facilities and Financing Plan and Principal Planner Ken Lee from the Planning Department would be presenting the Tentative Map. Tom Bandy reported on the Eastlake Gre~ns Public Facilities Financing Plan. He noted that the plan has four key features. It describes the public facilities needed to serve the project, on-site and off-side, the estimated costs, the method of financing, and the phasing of facilities. jb-fr' )~ -37 ( 1:1 ¡rinCiPa1 Pl anner Lee presented hi s report on the project, noting . he proposed subdivision encompasses 830 acres of land located in he eastern portion of the City east of 1-805 and south of Otay akes Road. He noted the General lotting of the area including; tandard lots, small lots. attached product lots, townhouse roduc t lots, condominium product lots, high density condominium ots. Mr. Lee also noted a 1 etter. from Kent Aden of EastLake eferri ng to proposed clarifications to conditions for EastLake reens. ouncfl discussion foll owed regarding lot sizes, density,' family 'izes i affordabilty of the homes; possibly imposing a moratorium f development came to outstrip publ ic facilities, water anagement plans, and land use patterns. ob Santos, President, EastLake Development Company, gOO Lane · venue, addressed the issues about the General Plan policy as it f 'elates to achieving density higher than target density shown in f he General Plan. He noted that EastLake. before the Planning I~mmission. voluntarily reduced the density of the EastLake I ireens, EastLake II proposal that was before Council this · !vening. They will only request density above that level if the ! :ity's newly adopted policies are revised and situated to provide ~r EastLake's ability to do that. ! í (aU e Wright, Project Manager, EastLake Development presented ; ¡lides and transparencies on the EastLake Neighborhood and family :haracteristics associated with the EastLake Project. She noted · ¡tat is tics on buyers, families, needs and household sizes. Also i 10ted were the percentages of first time buyers, move up buyers · rnd chief reasons why those buyers selected EastLake. Kent Aden from EastLake noted that there were now over gO :ondi ti 0 ns imposed on the SPA Plan and tentative map. He noted that in the spirit of cooperation EastLake would live up to the · lajority those conditions. He requested consideration of alternative wording and modification to six of those conditions: 1. Tentative Map #37: requires equa 1 access to Cable TV franchises. This issue is best dealt on a City-wide basis. They will be applying for a Cable TV franchise and because of this they request that Council modify the condition to make EastLake subject to any new City-wide ordinance or resolution of this issue. They will be subject to this at the time at which it is adopted. . 2. Tentative Map #64/SPA #2: in regard to the pedestrian bridge. They don't know if the bridge is warranted or not, it will require substantial public money to maintain and EastLake believes it should be included in the Public Facilities Financing Plan, not as a Tentative Map condition. , ~ . /.,.< - L/?J ------ . - ---. - --~- ---~---- ----- -------+~ - utes - 11 - July 18, 1989 Tentative Map #38G: Currently states that residential construction tax may be waived for excess park improvements. EastLake is commi tti ng to excess park improvements, therefore would like a commitment from Council to waive the RCT accordi ngly. ' . . Tentative Map #46/SPA 6: Conflicting conditions regarding church sites. EastLake woul d like to clarify they are currently showing a 4.8 acre site in EastLake Greens for churches. In addition, there are 12.3 acres in EastLake I and II. In total, 22 acres will eventually be planned for the EastLake community. Tentative Map 144/SPA #9: relating to low/moderate income housing. These items must be deferred at this time if Council accepts the Planning Commission recommendation. EastLake cannot meet these guidelines until the effect of the analysis on the General Plan Policy Section 6.2 and 6.3 as they relate to the final density of the five high density parcels is determined. , Planning Commission Item SPA Condition 13: regarding ,the deferral of the density. EastLake supports this condition but is asking that Council adopt this with a 30 day time frame in mind with the Task Force to come back with recommendations to be adopted by Council. ith this in mind, EastLake asked that the project be adopted with he General Plan Policies as they were adopted last week. peaking in favor of the EastLake ~roject were: 1chard Esslinger, Postmaster, Chula Vista, 2134 Northshore Drive; ackie Metcalf, 546 Port Harwick; Larry Rehlander, Victory Lutheran Church¡ Peter Watry, speaking for CROSSROADS, 81 Second Avenue; Fran 0 Meara, 1858 Gamay Terrace; .Josepn "ownack, 1891 Gamay Terrace; Scott Ullmann, 2134-C Northshore Drive; Bob O'Connell; 2072 Waterbury Circle; Joseph Cummings, 1848 Ithaca Street; Richard Stahley, 30 Woodlawn Avenue. Collectively, their remarks included the following: Crossroads ~es not intend to concede one additional unit to EastLake Greens and EastLake Trails; should stick to target density and approve condition 113, which embodies the Planning Commission's recommendation and EastLake's proposal; Post Office in process of negotiation budget, if project is put off for any length of time it may detrimentally affect ability to procure funds necessary to construct EastLake Project; EastLake is the best community ever seen; has distinctive neighborhood and lifestyle, courteous corporation to work with for land site for churches; EastLake has changed Chula Vista' $ poor image; increased City revenue and Increased number of businesses; various amenities are offered; homes are a ffordabl e; large yards; ma ny of the nei ghbors have grown up in Chula Vista and moved to Cottage because they could afford them and still are near their families; pleased that EastLake has voluntarily chosen to reduce the density; insulated community - can give back to community in the form of good neighbors and citizens; EastLake. good project but there is some concern over private v. fUbliC parks; would ;ike to give de:osity transfer to keep from pay ng upkeep of parks. ~ /~-'/ ~inutes - 12 - July 18, 1989 ¡peaking against was Joe Garcia, 484 Fifth Avenue, Chula Vis ta . ,e stated that he was concerned about the wa te r situation. He isked if the water situation has been addressed. ~ayor Cox rèsponded that it would be addressed on an incremental bas is because a certification would have to be done bý the Otay Water Di strict that they would bè able to' provide the wa ter service for this project. The Mayor also noted that Councilman Moore has put together a Water Task Force and that all property ~ners are working with the water districts; the Task Force meets on a monthly basis. The Otay Water District is coming out this leek with water allocations so that the developers know that they ~ve certain restriction and cannot go beyond that with guar~nteed ~ter rights. . There being no further public tes timony, the public hearing was ¡losed. RESOLUTION A OFFERED BY MAYOR COX, the reading of the text was ¡aived by unanimous consent, passed and approved by the following vote to wit: ms: Cox, Moore, McCandliss NO: Malcolm, Nader RESOLUTION B OFFERED BY MAYOR COX, the reading of the text was ~ived by unanimóus consent. Counc il woman McCandliss asked if since the bulk of her concerns ¡ere on the Tentative Map, would it be possible to adopt the General Development Plan then POSSibl{, with removing the actual tRrg\t number for the area, continue he Tentati.ve Map until after e ask Force reviews that section and bring it back within 30 days. Or, if there was a desire to amend the tentative map, would they have to go back and amend the SPA Plan, Facilities Financing. Director Kremfl ressonded that they could consider the General Development P an an the SPA Plan and reserve decision on the Tenta tive Map. He noted that if the Tentative Map changed, as far as density or location of product ty~es, for the most part the structure woul d still be rel event. he Task Force coul d revi ew the Land Use Element of the General Plan within a 60 day period of tfme. The Resolution B passed by the following vote: ~YES: Cox, Moore, McCandliss NO: Nader, Malcolm ORDINANCE C OFFERED BY MAYOR COX, the reading of the text was waived by unanimous consent, passed and approved by the following I Vote to wi t: ~YES: Cox, Moore, McCandliss, Nader NO: Malcolm, ~ /d -yc2 "---,-._- -~._.._----- ~--_._----- . .-..- ---- nutes - 13 - July 18, 1989 SOLUTION D OFFERED BY MAYOR COX TION der to amend the resolution to include an agreement that the velopment wi 11 conform with the Growth Management Element to ~ntually be adopted as part of the-Chula Vista General Plan. Jor Cox asked if this would be more suitable under Item E - the :ntathe Map ¡rector Krempl responded that it could be placed under whatever ~ion they felt comfortable with. JTION RESTATED G amen t e re so 1 uti on to s ta te tha t Eas tLak e woul d agree wi th hatever Growth Management Element is added into the General Plan; t would become part of the agreement that the development will onform with the Growth Management Element that will eventually be ~opted as part of the General Plan. he question was raised as to the terms used by Councilman Moore. ounc il ma n Nader clarified that EastLake could decline the greement but then the project woul d not go ahead, so in effect, t is a requirement that EastLake conform. , :iscussion ensued regarding the agreement. Mr. Santos noted that . :his is the a pproprfa te 1 egal document to make that kind of ]mmitment, but suggested it be addressed at that point in time. :n answer to Councilman Nader's question, Mr. Santos responded :hey did have a problem in that Council is asking them to take a ]nsiderable risk, as they have done in the past. - :ounc il ma n Nader withdrew his motion as to Item D and noted he ~uld resubmit it as to Item E, but that it should be make clear It some point tonight that Council is doing this. IOTE ON THE MOTION,Item D The motion carried with Councilman Malcolm voting no. . USOLUTI0N E OFFERED BY MAYOR COX as read. MOTI ON IMcCandlissl Nader) that the resolution be continued and returned at the Council meeting with the report on the General Plan. Councilman Nader asked for a clarification of the motion. #3 /~-i/J "I H" ..."" ~ - 'or - " ~ 'J It,). ::J I:':;' councilwoman McCandliss stated that what she would like the committee to deal with transfers and bonuses and come back to council before approval of the tentative map Mr. Santos stated they were interested in moving ahead, but concerned about the feelings that EastLake· had a lack of commitment. He suggested that the provision of a tract map condition that reguires the development agreement for the project ~ke EastLake subJect to the Growth Management Policy that will be adopted by the City in the future. Secondly, that a track map condition on the project requires that EastLake cannot exceed on a cumulative basis in the eastern territories 7,426 dwelling units until such time as the City has updated their Transportation Phasing Plan, or the Growth Management Plan. YOTE ON THE MOTION The motion to continue failed by the following vote, to wit: AYES: McCandliss, Nader NOES: Cox, Malcolm, Moore Mayor Cox noted there was one amendment he would like to make. MSUC (Cox/Malcolm) that before recording of the final map there would have to be. an agreement exeèuted b!, the City and by EastLake resol ving the outstanding issues on the public v. private parks as they relate to EastLake I and EastLake II. ~UC (Nader/McCandliss) Condition 79 - the development be subject ~ the Growth Management Element of the General Plan in the Transportation Phasing Plan to be adopted by the City. Councilman Malcolm noted that he had no problem with item 37 where EastLake is subject to any new City-wide resolutions regarding cable television and no problem with item 44 - that conditions related to low and moderate income housing shall be deferred and evaluated as a factor in the analysis of the General Plan j)olicies 6.2 and 6.3 as they relate to parcels R-24, R-25, R-26, R-27 and R-28. . IIOTI ON {Malcolm/Moore) to amend 37 and 44 as per EastLake's request. Director of Public Works Lippitt noted that Item 37 was put in because of Council's concern of equal access - it could be changed : tie recommended taking out the word "City-wide" because we don't .now what the ultimate solution is going to be and it may be different from the western portion of the City in EastLake; Jt?r J~-Y;/ - r....- .....v , - I:¡ - July 18. 1989 ~ENDMENT TO MOTION council ma n Malcolm amended his motion to delete the word 'City-wide" De motion carried unanimously. Counci 1man Malcolm also stated he. ha d a problem with the golf course. He spoke to EastLake and they agreed to do something other than a private golf course; the general public ought to have a right to use the open space; EastLake has an ob1 fgatfon to the public. He asked the City Attorner if Council could leave a , condition where EastLake has to be w 11ing to open up to some type of public use. to be determined by the City of Chu1 a Vi sta at a later date by the Parks & Recreation staff and other gOlfin¥ facl1iti es in EastLake to come back with some type 0 recommendation. Assi stant Ci ty Attorney Rudolf. in response to Councilman Mal co1m' s question noted that if that condition would be consistent with what was already approved in Resolutions B. C. and D; if that issue is not a1 ready addressed in those provisions, then this condition would be inconsistent. It was noted by Mr. Gray that this would not be inconsistent with anything Council has acted upon thus far because nothing in the plans really speak to the priva te v. pub 11 c na ture of. the golf cour se. Mr. Santos noted that EastLake Country Club is envisioned to be a ~rfvate1Y owned and operated Club; it is not a municipal course. hen it is opened in 1991. it will be open for pub1 ic p1 ay for a ~eriod of time which has not yet been determined. The community as expressed a des ire .to ha ve th is a va i lab1 e for a community-at-large use. There will be a CUP for the golf course permit and at that time the whole concept of the public v. 'private play can be addressed. MOTI 0 N MSUC (Malcolm/Nader) to add thi s as Condition #80 - prior to any 0geration of the Golf Course that an a¥reement between the City of C ula Vista and EastLake regarding pub1 c play be entered into. to be considered as part of the procedure with the Conditional Use Permi t. MSUC (Nader/Moore) Condition #81 - to incorporate the Planning Commission's recommendations. YOTE ON MAP RESOLUTION E OFFERED BY MAYOR COX. as amended, the reading of the text was waived by unanfmous consent. passed and approved with Councilman Nader and Councilwoman McCand1iss voting no. . -- ~ /.:<- B ---_."-" .. "I::.) - I"~ - V" J '..'. -,',",'-, OlUTION F OFFERED BY MAYOR COX, the reading of the text was ved by unanimous consent, passed and afproved with Councilman co1m voting no and Councilman Nader vot ng no on the Statement Overriding Considerations. OlUTION G OFFERED BY MAYOR COX, the reading of the text was ved by unanimous consent passed .1nd approved with Councilman co1m voting no. ncilman Moore questioned the Council policy on traffic studies future developments. ector of Public Works Lippitt responded that a traffic s tu dy done for this plan in the EIR and one will be done when Sunbow other major developments come in. The City is automatically lowing through on its policy. Kremp1 noted that on the Task Force, while indicating that it take 60 days, they would be tryi ng to get the group together soon as it wa s author1 zed by Council and proceed to do it in shortest time possible. yor Cox noted the Council should try to make a commitment to ve this issue resolved in the next 60 days. . ORAL COMMUNICATIONS - Opportunity for the public to speak to the City Council on any subject matter within the Council's jurisdiction but not an item on today's agenda. Each speaker's presentation may not exceed five minutes. Mr. Wade R. Gui1iani, s214 J Street, Chu1a Vista addressed the I é'~ .;. issue of the 706 and 706A buses, the Chu1a Vista Trolley. He noted that seniors and handicapped individuals that are having difficulties accessing those buses. He suggested that perhaps a study be done to correct these buses to be adequately used by these individuals. ¡UC (Cox/Moore) to re fer this petiti on to staff for a report and la1uation to come back to Council. . Joseph Garcia, 484 Fifth Avenue, Chu1a Vista, suggested City 135/7 invest in a 54 or 60 inch television monitor with a VCR to be installed in the Council Chamber. City Manager Goss noted the City has that capabil ity and equipment ready to be used when needed. . Paul Green, 141 lotus Drive, Chula Vista, addressed concerns 1~5"I'i) regardi ng an informational item dated February 15, 1989. The City Manager noted he wi 11 send another copy of the response to his letter that had been sent. t Rick Short Tan, 55 Oxford Street, Chula Vista, requested that "S"/" Chula Vista Historical Society consider trees as part of Chula Vista's history. He cannot get information on certain trees in the area. . ~.JcJ.-rÞ - 'EXHlðITß RESOLUTION NO. 17618 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON THE EASTLAKE II (EASTLAKE I EXPANSION) . GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA (SPA) PLAN. EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN. EASTLAKE GREENS . WATER CONSERVATION PLAN AND EASTLAKE GREENS MASTER TENTATIVE SUBDIVISION MAP (PCS-88-3) AND ADOPTING MITIGATED NEGATIVE DECLARATION ON 15-94-19 AND MITIGATION MONITORING AND REPORTING PROGRAM I. RECITALS A. Project Site WHEREAS, the properties which are the subject matter of this resolution are diagrammatically represented in Exhibit 1 and 2 attached hereto and incorporated by this reference, identified as the EastLake General Development Plan Area and EastLake Greens SPA Plan Area. and located in part in the City of Chula Vista ("Project Site") and. B. Project; Application for Discretionary Approval WHEREAS, on March "21, 1994, the EastLake Davelopment Company ("Developer") filed applications for an Imendment to: 1) the EastLake II (EastLake I Expansion) General Development Plan. known as documant number C094-183, a copy of which is on file in the office of the City Clerk, 21 the EastLeke Greens Sectional Plenning Area Plan. known IS document number C094-184, a copy of which is on file in the office of the City Clark, 31 the EastLeke Greens Air Quelity Improvement Plen, known IS document number C094-185. e copy of which is on file in the office of the City Clerk. 4) the ElstLake Greens Weter Conservation Plan. known IS documant number C094· 186, a copy of which Is on file In the office of the City Clerk. Ind 51 the - EastLeke Greens Master Tentetive Map. known IS document number C094· 187. I copy of which Is on file In the office of the City Clerk. ("Project"); and. C. Prior Discretionery Approvels WHEREAS. the developmant of the Project Sita hes been the subject mener of ,) I General Davalopment Plan, EastLake II (EastLake I Expansion) Genaral" Development Plan previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLeke Greans Sectionel Planning Area Plan. previously adopted by City Council Resolution No. 15199; (SPA) and 3) a Tentative Subdivision Map previously approved by City Council Resolution No. 15200 (TSM) Chula Vista Tract 88-3, III approved on July 18, 1989; Ind. 4) an Air ~ /.;< -¿I? .-- - _.__._-_._--~....^_._-,-_._"._--_.._--_._--_. ---_.~--- Resolution No. 17618 Page 2 Ouality Improvement Plan (Eastlake Greens Air Ouality Improvement Plan) and 5) a Water Conservation Plan (East Lake Greens and Water Conservation Plan). both previously approved by the City Council on November 24. 1992. by Resolution No. 16898; and D. Planning Commission Record on Application WHEREAS. the Planning Commission held an advertised public hearing on said project on July 27. 1994, and voted to recommend that the City Council approve the Project. based upon the findings and subject to the conditions listed below. E. City Council Record of Applications WHEREAS. a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on August 16. 1994, on the Discretionary Approval Applications. and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and. f. Discretionary Approvals Ordinances WHEREAS. at the same City Council meeting at which this Resolution was approved (August 16. 1994). the City Council of the City of Chu1a Vista approved for first reading Ordinance No. 2600 prezoning 22.7 acres of unincorporated land to P·C (Planned Community) and Ordinance No. 2601 amending the Eastlake II (Eastlake I Expansion) Planned Community District Regulations Land Use District Map. NOW. THEREfORE. BE IT RESOLVED that the City Council does hereby find. determine .nd resolve as follows: u. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on July 27. 1994. and the minutes and resolutions resulting therefrom. are hereby incorporated into the record of this proceeding. - III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGRAM; FIN,DINGS; APPROVALS A. Mitigated Negative Declaration - The CitY Council of the City of Chula Vista has reviewed. analyzed and considered Mitigated Negative Declaration on 15-94-19. known as document number C094.180. a copy of which is on file in the office of the City Clerk. ~ J02-LJ~ . , Resolution No. 17618 Page 3 and comments thereon. the environmåntal impacts therein identified for this project and the Mitigation Monitoring and Reporting Program ("Program"'. known as document number C094- 181. a copy of which is on file in the office of the City Clerk. thereon prior to approving the Project. Based on the Initial Study end .comments thereon. the Council finds that there is no substantial evidence that the Project will have a significant effect on the environment and thereby approves the Mitigated Negative Declaration. B. Mitiglltion Monitoring and Reporting Progrllm The City Council of the City of Chula Vistll finds that the significllnt environmental effecUs) identified in the Mitiglltion Neglltive Daclaration will be reduced to below a level of significance if the mitigation measures in the Mitigation Monitoring IInd ~eporting Progrllm are implemented. The Mitigation Monitoring IInd Reporting Program is hereby IIpproved to ensure that its provisions are complied with. IV. CERTIFICATION OF COMPL.IANCE WITH CEOA The City Council does hereby find thllt the Mitigated Neglltive Declllrlltion on IS-94-19 IInd Mitigation Monitoring IInd Rellorting Progrllm have been prepllred in IIccordllnce with requirements of the Clllifornia Environmental OUlllity Act. the State EIR Guidelines. and the Environmentlll Review Procedures of the City of Chulll Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL. The City Council finds that Mitigated Neglltive Declllration IS-94-19 reflects the Independent judgment of the City of Chula Vista City Council. VI. GDP FINDINGS A. THE PROPOSED DEVELOPMENT AS DESCRIBED BY THE GENERAL DEVELOPMENT PLAN IS IN CONFORMITY WITH THE PROVISIONS OF THE CHULA VISTA GENERAL PLAN. The amended EastLake II (EastLllke I Expension) General Development Pllln reflects land uSl'densities and circulation system dasign thet are consistent with the Chula Vista General Plen Lend Use and Clrculati~ Elements. B. A PLANNED COMMUNITY DEVELOPMENT CAN BE INITIATED BY ESTABLISHMENT OF SPECIFIC USES OR SECTIONAL PLANNING AREA PLANS WITHIN TWO YEARS OF THE ESTABLISHMENT OF THE PLANNED COMMUNITY ZONE. ~/~-(/ ~.. --., ------"'--.....-......-.-.'" ---_._-~----~._-- .---.-- Resolution No. 17618 Page 4 A SPA Plan has already been approved for the development of the planned community and amendments thereto conforming to the amended GDP are included in the Project. C. IN THE CASE OF PROPOSED RESIDENTIAL DEVELOPMENT, THAT SUCH DEVELOPMENT WILL CONSTITUTE A RESIDENTIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND THAT IT WILL BE IN HARMONY WITH OR PROVIDE COMPATIBLE VARIETY TO THE CHARACTER OF THE SURROUNDING AREA, AND THAT THE SITES PROPOSED FOR PUBLIC FACILITIES. SUCH AS SCHOOLS. PLAYGROUNDS AND PARKS. ARE ADEQUATE TO SERVE THE ANTICIPATED POPULATION AND APPEAR ACCEPTABLE TO THE PUBLIC AUTHORITIES HAVING JURISDICTION THEREOF. The residential densities and transfers reflected on the amended GDP are compatible with the pattern and character of development approved with the original GDP, and can be adequately served by the public facilities incorporated therein. D. IN THE CASE OF PROPOSED INDUSTRIAL AND RESEARCH USES, THAT SUCH DEVELOPMENT WILL BE APPROPRIATE IN AREA, LOCATION, AND OVER·ALL DESIGN TO THE PURPOSE INTENDED; THAT THE DESIGN AND DEVELOPMENT STANDARDS ARE SUCH AS TO CREATE A RESEARCH OR INDUSTRIAL ENVIRONMENT OF SUSTAINED DESIRABILITY AND STABILITY; AND. THAT SUCH DEVELOPMENT WILL MEET PERFORMANCE STANDARDS ESTABLISHED BY THIS TITLE. The amendments do not involve areas planned for industrial or research uses. E. IN THE CASE OF INSTITUTIONAL. RECREATIONAL, AND OTHER SIMILAR NONRESIDENTIAL USES. THAT SUCH DEVELOPMENT WILL BE APPROPRIATE .' IN AREA. LOCATION AND OVER·ALL PLANNING TO THE PURPOSE PROPOSED. AND THAT SURROUNDING AREAS ARE PROTECTED FROM ANY ADVERSE EFFECTS FROM SUCH DEVELOPMENT. The amendmants to the trails program will contribute to a less hazardous and thus improved recreational amenity which will have less potential to conflict with surrounding development. F. THE STREETS AND THOROUGHFARES PROPOSED ARE SUITABLE AND ADEQUATE TO CARRY THE ANTICIPATED TRAFFIC THEREON. . The ,.vised alignment of E. Orange Avenue reflected on the amended GDP Is consistent with the alignment approved with the recent General Plan Amendment for the area. G. ANY PROPOSED COMMERCIAL DEVELOPMENT CAN BE JUSTIFIED ~-S-C - . ." . ..' . ". . - , . Resolution No. 17618 Page 5 ECONOMICALLY AT THE LOCATION(S) PROPOSED AND WILL PROVIDE ADEQUATE COMMERCIAL FACILITIES OF THE TYPES NEEDED AT SUCH PROPOSED LOCATION(S). The amendments do not involve areas planned for commercial uses. H. THE AREA SURROUNDING SAID DEVELOPMENT CAN BE PLANNED AND ZONED IN COORDINATION AND SUBSTANTIAL COMPATIBILITY WITH SAID DEVELOPMENT. The amendments are consistent with the previously approved plans and regulations applicable to surrounding areas. VII. SPA FINDINGS A. THE SECTIONAL PLANNING AREA PLAN AS AMENDED IS IN CONFORMITY WITH THE EASTLAKE II (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN AND THE CHULA VISTA GENERAL PLAN. The amended EastLake Greens Sectional Planning Area Plan reflects land use. circulation system, and public facilities that are consistent with the EastLake II (EastLake I Expansion) General Development Plan and the Chula Vista General Plan. B. THE EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, AS AMENDED WILL PROMOTE THEORDERL Y SEOUENTIALIZED DEVELOPMENT OF THE INVOLVED SECTIONAL PLANNING AREA. The SPA Plan. as amended anows. in the context of market demand e more logical transition of construction within the EastLake Greens Planned Community, consistent with the phasing of internal and external infrastructure. and the amendments hava been found to be consistent with the EastLake II (EastLakel Expansion) Public Facilities Financing Plan. Air Quality Improvement Plan. and Water Conservation Plan. C. THE OTC SECTIONAL PLANNING AREA PLAN AS AMENDED WILL NOT ADVERSELY AFFECT ADJACENT LAND USE. RESIDENTIAL ENJOYMENT. CIRCULATION. OR ENVIRONMENTAL QUALITY. The land uses within the EastLake Greens SPA area reproant the sama uses approved by the EastLake II (EastLake I Expansion) Genaral Devalopment Plan. VIIi. TENTATIVE SUBDIVISION MAP FINDINGS A, Pursuant to Government Code Section 66473.5 of tha sulx'ivision Map Act." ~ /~ -51 _ __ ~___.~__~_._.._ .u.___.__. - ----~ -~--- --- Resolution No. 17618 Page 6 the City Council finds that the Tentative Subdivision Map as conditioned herein for EastLake Greens. Chula Vista Tract No. PCS·88-3 is in conformance with 'the elements of the City's General Plan. based on the following: e. Lend Use Element The General Plan designates the EastLake Greens residential areas for Low-Medium 13-6 dulac) density development. The proposed addition of 22.7 ecres at the mid-point of the Low-Medium density range 14.5 du/ac) is consistent with the previously approved land use intensity. The project. as conditioned, provides a wide landscape buffer along the north side of E. Orange Avenue. in conformance with landform grading and scenic highway principles of the General Plan. b. Circulation Element All of the on-site and off-site public streets required to serve the subdivision will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Facilities Financing Plan and Development Agreement. Bicycle paths have been incorporated within the EastLake Greens community area and will be constructed as part of the project. C. Housing Element The proposed project will provide a minimum of 10% affordable housing including a mix of housing types and lot sizes for single·family. townhouses, condominium and various apartment densities that will provide e wide spectrum of housing prices for persons of various incomas. d. Parks end Recreation Element The subdivision will provide epproximately 37.4 ecres of improvad community end neighborhood parks in accordance with locations and - stendards of the General Plan. The required park acreage for EastLake Greens is 26.6 acres. e. Public Facilities Element The project is obligated in the conditions of approval to participate in providing the water facilities. wastewater facilitias and drainaga facilities required by the policies of the General Plan. Public building sites are included within the subdivision; however. these ~ /,2-ß - Resolution No. 17618 Page 7 sites will not be affected by the proposed amendment. f. Open Space and Conservation Element The proposed subdivision is in conformance with the goals and policies of the General Plan element for this site. g. Safety Element The project site is considered a seismically active area, although there are no known active faults on or adjacent to the property. The fire protection facilities and services needed to serve the project have been reviewed by the Fire Department. Other emergency service agencies have reviewed the proposed subdivision for conformance with safety policy. The Project, as amended, will not increase the need for additional police and fire personnel. h. Noise Element Noise mitigation measureS included in the Environmental Impact Report SEIR-86-04 and Mitigated Negative Declaration IS·94·'9 adequately address the noise policy in the General Plan. All dwelling units within the project will be required to be designed so as to not exceed the interior noise level of 45 dBA. Additionally. all exterior private open space will be shielded by a combination of earth. berm, wall, endlor buildings to achieve a 65 dBA noise level for outside private areas. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the affect of this approval on the housing needs of the region and has balanced those naeds against the public service needs of the residents of the City and the eveilable fiscal and environmental resources. C. The configuration. orientation and topography of the site partially allows for the optimum siting of lots for passive or natura' heating and cooling opportunities as required by Government Code Section 66473. , . - D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. X. GENERAL CONDITIONS OF APPROVAL The approval of the foregoing Discretionary Approvals Amendments which are stated to be conditioned on ·General Conditions· are hereby conditioned as follows: A. Project Site is Improved with Project ~ /.;2. :;5 -------.------ --_...._,-. ---.--.,. ------..--..----,.-- Resolution No. 17618 Page 8 Developer. or their successors in interest. shall improve the Project Site with the Project as described in the Mitigated Negative Declaration. except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. C. Implement the Mitigation Monitoring and Reporting Progra"'! Developer shall implement, or ceuse the implementation of, ell portions of the Mitigation Monitoring end Reporting Program pertaining to the Project end Mitigated Negative Declaration IS-94-19 . D. Update Documents Twenty-five (25) copies of replacement pages. exhibits. maps and plans reflecting the amendments approved herein shall be submitted to the Planning Department within two weeks of approval of this resolution. XI. SPECIAL CONDITIONS OF APPROVAL A. Sectional Planning Area (SPA) Plan t. Final assessment and determination of parkland requirements for single family detached condominium developments shall be conducted during the Design Review and/or Tentative Map processing stage of each individual project. Updated cumulative parkland data shall be submitted with each development proposal to the I;)irector of Parks and Recreation for review and approval. 2. Final Golf Course Trail and Golf Course Vista Point design shall be subject to review and approval by the Director of Parks and Recreation and the Director of Planning. Detailed design information for the ·Vista Points· shall be submitted for review in conjunction with the associated parcels within which they ere located. Said -Vista Points· shall be improved prior to or concurrently with aach development proposal. 8. Tentative Subdivision Map Conditions Prior to approval of the associated/applicable final map, unless otherwise indicated, the developer shall: GENERAL/PRELIMINARY ~ /.2-Sf Resolution No. 1761S Page 9 1. Comply with all unfulfilled condition of approval of the Eastlake Greens Tentative Map, Chula Vista Trict 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989. 2. If phasing is proposed within en individual map or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map which includes phasing. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning. The City reserves the right to conditionally approve each final map with the requirement to provide improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the reQuiremants of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such revision. STREETS. RIGHTS-OF-WAY AND IMPROVEMENTS 3. Dedicate on-site and off-site street right-of-way for the construction of East Orange Avenue from its intersection with Hunte Parkway to the westerly subdivision boundary. 4. Design southerly knuckle on Street PP to conform to City design standards. 5. Provide to the City a letter from Otay Municipal Water District indicating that the assessments/bonded indebtedness for all parcels dedicated to the City heve been paid or that no assessments exist on the parcells). 6. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 7. Grant to the City a 10-foot wide utility easement adjacent to the street right-of-way within the open space lots in Units 4,10,12.15, 1S, 21- 23,26,27,30.31, or as approved by the City Engineer. S. Construct an S' wide sidewalk for the Golf Course Neighborhood Trail as shown on the EastLeke Greens Trails Plan along the following streets: a. South Greensview Drive . from Clubhouse Drive to Hunte Parkway. b. Hunte Parkway - from So. Greensview Drive to the southerly boundary of Unit 27. ~ /:2 -£~ .--.-. .... _._----_..._---_._--_.__..__.__.._~ Resolution No. 17618 Page 10 c. Clubhouse Drive - along the northerly boundary of Clubhouse Drive. Provide additional right-of-way and/or easements as required by the City Engineer for installation of utilities. street lights, and fire hydrants. 9. Provide for the maintenance of the proposed sewer pump station on East Orange Avenue in accordance with Council Policy , 570-03 adopted by Resolution 17491, and the Agreement to Provide Sewer Pump Station Maintenance for the Eastlake Greens and amendments thereto. 10. Construct South Greensview Drive from the southeasterly limits of Unit 20 to the easterly limits of Unit 38 as shown on the approved revised tentative map when the Average Daily Trips measured on Silverado immediately south of Clubhouse Drive exceeds 1200. 11. Prior to the approval of each final map for the subject development acquire all off·site right-of-way necessary for the installation of the required improvements for that subdivision. Notify the City at least 60 days prior to consideration of a Final Map by City if off-site right-of-way cannòt be obtained for the improvements. (Only off-site right-of-way or easements affected by Section 66462.5 of the Subdivision Map Act are covered by this condition). After said notification the developer shall: a. Have all easements and/or right-of-way documents and plats prepared and appraisals complete which are necessary to commence condemnation proceedings. b. Deposit with the City tha estimated cost of acquiring said right- of-way or easements, said estimate to be approved by the City Enginaer. . Co Pay the fun cost, both direct and indiract, of acquiring off-site right-of-way or easements required. The requirements of a,b and c above shan be satisfied prior to approval of the finel map for which the off-site right-of-way or easements are required. An off-site requirements which fan under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in the section of the Act. ß--Icr J';¿ 4 . .. - ,. Resolution No. 17618 , Page 11 (This condition supersedes Condition of Approval No. 19 for the Eastlake Greens Tentative Map approved by City Council Resplution No. 15200). 12. Street sections shall be revised to reflect current street design standards. Street design standards shall be applicable to future streets. GRADINGIDRAINAGE 13. Obtain easements in favor of City for off-site detention basin and storm basin near East Orange/Hunte Parkway intersection as required by City Engineer. 14. Grade 20 foot wide landscape buffer elong East Orange Avenue at 5:1 ratio. 1.5. Relocate detention basin storm drain outlet beyond toe of southerly slope of East Orange Avenue grading. 16. Provide energy dissipators et all storm drain outlets es required by the City Engineer to maintain non-erosive flow velocities. 17. Design and line desilting basins with concrete to the satisfaction of the City Engineer. 18. Provide an updated soils raport or an addendum to the original document prepared by a registered engineer. as required by the City Engineer. OPEN SPACE/ASSESSMENTS 19. Agree to grant in fee to the City public eccess easements over paved walkways to Golf Course Trail vista points as approved by the City Engineer and the Director of Parks & Recreation Department. - 20. Request ennexetiCln into Eastlake Maintenence District 11 of all areas within the tentative map boundary not currently included in the district prior to approval of the first final map which includes said ereas. Deposit U.OOO to Initiate ennexation proceedings. Pey ell costs of proceedings, . 21. Grent in fee to the City ell open spece lots shown on the approved tentative map to be granted to the City end execute end record a deed for each lot. 22. Submit a list of ell facilities located on open space lots proposed to be þ-tl J~ :~l -.------ · Resolution No. 17618 Page 12 maintained by the existing Eastlake Maintenance District No.1. This list shall include a description, quantity and unit price per year for the perpetual maintenance of all facilities located on open space lots to include but not be limited to: walls. fences. water fountains. lighting structures. paths. access roads. drainage structures and landscaping. Only those items on an open space lot are eligible for open space maintenance. Each open space lot shall also be broken down by the number of acres of turf. irrigated. and non-irrigated open space to aid the estimation of a maintenance budget thereof. 23. Design landscape buffer for erosion control adjacent to the right-of-way of East Orange Avenue with plant species requiring no permanent irrigation and maintain/replace plantings as necessary for an establishment period of one year or as extended by the City Landscape Architect. City Engineer and Director of Parks & Recreation. Prior to approval of the preliminary landscaping plans, which include portions of or the entire landscape buffer. provide to the City a bond in an amount approved by the City Landscape Architect to guarantee installation maintenance of said landscaping. 24. Pay additional fees on a fair-share basis into the Assessment District Numbers 90-3. 91-1 or other applicable assessment districts due to additional units approved subsequent to District formation. 25. Make payment to reduce the debt on any parcels whose density is' lower than assumed for the assessment districts at the time of District formation. 26. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the project boundary. Request apportionment and provide a deposit to the City estimated at $40/unit/district to cover costs prior to approval of a final map for the unit being finaled. 27. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation OIF Fund. and that these additional fees are reflected in the purchase price of the home for those units which hava a density change from that indicated in the assessment district's Engineer's Report. 28. Submit all disclosure forms for the approval of the City Enginaer. 29. The configuration of open spece lot -000- shall be maintained a. originally approvad~ 30. The Tentative Subdivision Map shall be ravised to incorporate a 75' ~ /.:2-fr Resolution No. 17618 Page 13 wide Caverage) landscape buffer along the north side of East Orange Avenue. 31. The 75' wide landscape buffer along East Orange Avenue shall be graded in accordanca with City landform grading principles and shall be subject to review and approval by the City Landscape Architect. A landscape plan(s) for the subject scenic highway buffer shall be submitted to the City Landscape Architect prior to or concurrently with the first Tentative Subdivision Map or other site plan raview epplicetion submitted for Percel R-10 or R·12. AGREEMENTS Enter into en egreement with the City whereby the developer egrees to: 32. Defend, indemnify end hold harmless the City end its egents, officers end employees,from eny claim. action or proceeding egeinst the City, or its egents. officers or employees to ettack. set eside. void or ennui eny approval by the City, including epprovel by its Planning Commission, City Council or eny epproval by its agents. officers. or employees with regard to this subdivision provided the City promptly notifies the subdivider of eny cleim. action or proceeding and on the further condition that the City fully cooperates in the defense. 33. Hold the City harmless from any liebility for erosion. siltetion or increase flow of dreinage resulting from this project. 34. Insure that all franchised cable television companies C"Cable Company") ere permitted equal opportunity to place conduit end provide ceble television service to eech lot within the subdivision. Restrict eccess to the conduit to only those frenchised ceble television compenies who ere. end remein in complience with. IU of the terms end conditions of the franchise end which ere in further compliance with ell other rules. reguletions, ordinences Ind procedures reguleting Ind Iffecting the . operetion of ceble television complnies IS ume mey have been, or mey from time to time be issued by the City of Chule Vista. 35. Comply with the terms end conditions of the ACQulsitionlFinencing Agreement for Assessment district 94-1, CO 94'()64, Ipproved by Council Rasolution R17483 IS uid terms Ind conditions mey be .ppliceble to this development. MISCELLANEOUS 36. Tie the boundery of the subdivision to the Celifornie System -Zone VI (1983). þ-+3 /c2 ~_SZI ---.-....--- ---------....-..- _ _ ._.~.__.__~_"_.,_,_____......__.___.__.__.__._M_'_····___ __~~~ Resolution No. 17618 Page 14 37. Submit copies of Final Maps in a digital format such as (DXF) graphic file prior to approval of each Final Map. Provide computer aided Design (CADI copy of the Final Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5·1/2 HD floppy disk prior to the approval of 8ach Final Map. 38. Update the Eastlake Greens Public Facilities financing Plan as required by Chapter V of said approved document. 39. Fire hydrants shall be installed and operable and fire access roads shall be usable prior to delivery of any combustible construction materials. 40. A wildland fuel modification program may be required on interface areas between residences and open space. XII. CODE REQUIREMENT REMINDERS 1. Comply with all applicable sections of the Chura Vista Municipal Code. Preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chula Vista current standards, Subdivision Ordinance and Subdivision Manual. 2. Fire flow of 1,000 gpm shall be maintained within the Project area. 3. fire Department access roads shall be a minimum of 20' wide and constructed with an all·weather driving surface. XIII. CONSEQUENCE OF FAILURE OF CONDITIONS If Iny of the foregoing conditions feil to occur, or if they Ire, by their terms, to be implemented Ind maintained over time, if Iny of such conditions flil to be so Implemented Ind maintlined Iccording to their terms, the City shall hive the right to revoke or modify III Ipprovals herein granted, deny or furthar condition issulnce of all future building permits, deny, revoke or fl,lrther condition III certificates of occuplncy Issued under the authority of approvals herein grlnted, institute Ind prosecute litigation to compel their complilnce with said conditions or seek damages for their violation. No vested rights Ire glined by Developer or a successor in interest by the City'. Ipproval of this Resolution. - XIV. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post I Notice of Determination Ind file the same with the County Clerk. ~ /.:2 -¿.C , Resolution No. 17618 Page 15 XV. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term. provision end condition herein stated; end that in the event that eny one or more terms. provisions or conditions are determined bye Court of competent jurisdiction to be invelid. illegal or unenforceable. this resolution shell be deemed to be automatically revoked end of no further force and effect eb initio. Presented by !7do;"f~\mY ( , .-.. / { :\\'- ~ ¡........ ~~:/ /' £ / ~/~.-- /> '/1 I' ,'/- Robert A. Leiter ' Bruce M. Boog~ard Director of Planning City Attorney L , . ~/,;¿-¡,/ --- - --~-_.- ~ ¥_...- _.__._,--,._---_..__._.~~-,._---- Resolution No. 17618 Page 16 General . Development Plan (PROPOSED) .. .. .. 1IESIŒ>tT.... -- ~'i -- -. m~ -. .. ,.a .. ...- .... ... ... ~ - ...' ... - 00 ...- .... ..... - , . ... ... ..... ... '~ -- .'" - ':. " _.~ --- .-- - - ... -. .. -.- =~_. -- .... ... .... ...., _i - IEJ-- ... -- ....... -. . --...- EJ Areas being amended ...__........_~--..- ..-------... - . ~e-ASTLAKE ~1D!i"" ,""-'~J A fWHI) CQhMH1Y It IASMIŒ ~ co. ...- - .,- £xt*II11 ~ /.2 -to<. , , . Resolution No. 17618 Page 17 Project Components ~ (neighborhoods) Eastlake Business Center 1 = ... Eastlake Village Center / EASTLAKE . GREENS - - , Eastlake IV , , - C~I~ - r.:J ~..:- - ....: .... . .. ...... D. .. _.~............. 4--_.L .. Or-.. ............., ~ fASTLAKE ~ ....c...... ~~_: A PLANNED COMMUNITY IN 1ME ClfY OF CHIiU\ VISTA Exhibit 2 .ßy1t /02 ~k J _._._··.·..··.____._"U___._____ Resolution No. 17618 Page 1 8 PASSED. APPROVED and ADOPTED by the City Council of the City of Chula Vista. California. this 16th day of August. 1994, by the following vote: YES: Councilmembers: Fox, Horton, Moore. Rindone, Nader NOES: Councilmembers: None ABSENT; Councilmembers: None ABSTAIN: Councilmembers: None ..~.r~-::..... Tim Nader. Mayor . ATTEST: STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO I 55. CITY OF CHUlA VISTA I I. Beverly A. Authelet. City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 17618 was duly passed. approved. and adopted by the City Council at . regular meeting of the Chula Vista City Council held on the 16th day of August. 1994. Exacut~d this 16th day of August. 1994. ~/~/¡;7' Minutes August 16, 1994 Pale 3 Mr. Goss stated staff could look 11 doin¡ that, bût there was also equipmeot that bad to be lCquired that was fairly expensive. Mayor Nader questioned if Woodward-Clyde bad laboratory facilities in the re¡ion. Clifford SwaDSOJI, Deputy Director of Public Wor\cslCity En¡inoer. tapemdod they did. RESOL1YTION 17617 OFFERED BY MAYOR NADER, reading or the text was waived. pISSed and approved unanimously. · · END OF CONSENT CALENDAR · · PUBLIC HEARINGS AND RELATED RESOL1YTIONS AND ORDINANCES 11. PUBLIC HEARING PCA-94-44; CONSIDERATION OF AMENDMENTS TO SECTION 19.64 OF THE MUNICIPAL CODE TO ALLOW THE REPLACEMENT OF DAMAGED CONDOllflNIUMS WHICH ARE NONCONFORI\IING WITH RESPECT TO DENSITY· CITY INITIATED· Recently. potential buyers of aD individual condolDinium unit could not obtain financin¡ because the project within which the unit is located is nonconformin¡ with respect 10 present density limitations. Therefore. the ume number of units could not be rebuilt if the project was more than 60!li destroyed po!r Section 19.64. ISO of the Municipal Code. Staff believes this is a problem unique to condominiums whicb should be addressed by amendin¡ the code 10 allow repJacemeot in sucb cases. Staff recommends Council place the ordinance On first radin¡. (Director of PIannin¡) ORDINANCF:-.ll!2 AMENDING SECTION 19.64.150 OF THE MUNICIPAL CODE AND ADDING SECTION 19.64.155 TO MODIFY THE NONCONFORMING USES REGULATIONS .L PERTAINING TO THE REPLACEMENT OF RESIDENTIAL CONDOMINIUMS !first .....diM) ¡ Mayor Nader slated he owned and lived in a condominium and bad been advised by the Cit)' Attomey that be should . abstain from participation. Councilmember Rindone slated be owned apartments and felt he should also abstain from participation. Bruce Boo¡aard. City Attorney. slated it was a matter of caution. The exception was whether or not the matter affected the public ¡enenlly or if the affect was distinauishable on the Councilmember from the public pnerally. Mayor Nader slated be would tnil the item until Councilmemller Horton arrived. This being the time aDd place as advertised. the public hearin¡ was opened by Mayor Pro Tem Horton. Mayor Nader aDd Councilmember Rinclone left the dias. There bein¡ no public testimony, the public bearin¡ was closed. ORDINANCE 1599 PLACED ON FIRST READING BY COUNCILMEMBER MOORE, ....din¡ or the text .... waived, pISSed and approved ~ with Nader and Rindone abstalnina. 12. PUBLIC HEARING PCZ-94D/PCM-94-2A/PCM-94-27/PCM-93-6fPCS#.3A; CONSIDERATION OF PREZONlNG AND INCORPORATING APPROXIMATELY n.7 ACRES OF LAND WITHIN EASTLAKE GREENS AND AMENDING THE EASTLAKE D (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN. EASTLAKE GREENS SPA PLAN, EASTLAKE D (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS, EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN, AND EASTLAKE GREENS MASTER TENTATIVE MAP Cl'RACT 18-3)· EASTLAKE DEVELOPMENT COMPANY· The E.s" -"e Development Cotnpany baa requested mllllClments to the EastlAke II Genenl Developmeot Plan. EastLake Greens Sectional PJannin¡ Area (SPA). Eastl..åe II l'Ianned Community District Replations. Eastt.oke Greens Air Quality and Water Conservation Plan. EastlAke Greens Master Tentative Map. aDd a prezone and addition of ~ approximately 22.7 acres of unincorponted laDd to the existin¡ EastlAke Greens SPA area. The purpose for the request is to: (I) Incorponte intp the plannin¡ and reaulatory framework of the EastlAke Greens SPA Plan those J}-f=rJc2-¿3 -- _._._____________~__~__.___~__.__._._____~____ __._.___._n_______ --'--- Minutes August 16, 1994 Page 4 parcels of the EastLake Greens General Plan Amendment which take access from' the internal circulation of the \ EastLake Greens 'Planned Community (DOrtbeast of the SDG&E transmission lines); (2) Improve the spatial and ÑDctioÌlal relationship of residential density/product distribution within the EasILake Greens Planned Community area; and (3) Update the EastLake GrêenS SPA Plan and supplementary documents to reflect current llatistics and lecbnical refmemeuts based on site plan approvals and market considerations. Staff recommends Council place the , ordinances on first radin¡ and approve the res<>luIion. (Director of Plannin¡) A. ORDINANCE 2600 APPROVING THE PREZONING OF 12.7 ACRES OF 1.JNINCORPORA TED LAND TO P-C PLANNED COl\f1\WNJTY AND ADOPTING MITIGATED NEGATIVE DECLARATION ON 18·\14-19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO (first readiM) B. ORDINANCE 2601 APPROVING AMENDMENTS TO THE EASTLAKE n (EASTLAKE I EXPANSION) PLANNED COMMUNITY DISTRICT REGULATIONS (LAND USE DISTRICT MAP ONLY) , AND ADOPTING MITIGATED NEGATIVE DECLARATION ON JS-!I4-1\1 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO (first readin~) C. RESOLUTION 17618 APPROVING AND IMPOSING AMENDMENTS AND CONDITIONS ON THE EASTLAKE U (EASTLAKE I EXPANSION) GENERAL DEVELOPMENT PLAN, EASTLAKE GREENS SECTIONAL PLANNING AREA PLAN, EASTLAKE GREENS AIR QUALITY IMPROVEMENT PLAN, EASTLAKE GREENS WATER CONSERVATION PLAN AND EASTLAKE GREENS MASTER TENTATIVE SUBDMSION MAP AND ADOPTING l\flTlGA TED NEGATIVE DECLARATION OF IS-\l4- 19 AND MITIGATION MONITORING AND REPORTING PROGRAM THERETO Ken Lee, Assistant Dinoctor of Planning, summarized the issues involved with the project. Condition 8C of the ordinance referred to the Dorth side of parcel R27 (trail system) and should be corrected to read the DOrth side of Clubhouse Drive. · · · CouuåImember Horton arrived at 6:26 p.m. a a · Mayor Nader stated the Resource Coøservation Commission minutes should have been included in the pa4:ket. He ~ bad read the minutes which reflected a S.() vote for the miti¡ated De¡ative declaration. This bein¡ the time and place as advertised, the public beariD¡ was declared opat. . Bruce Sloan, 900 Lane Avenue, '100, Cbula Vista, CA, representin¡ EastLake Development Company, concurred with the llaff recolllDleDdatioDS. There bein¡ DO furtha' public -m-y, the public bearin¡ was cloNel. ORDINANCES 2600 AND 2601 PLACED ON FIRST READING AND RESOLUTION 17618 OFFERED BY COUNCR.MEMBER HORTON. readin¡ of the text was waived, passed and approved unanimously, 13. PUBLIC HEARING CONSIDERATION OF PROGRAM CHANGES OF RESIDENTIAL YARD WASTE RECYCLING SERVICES nOM AN OPl'IONS PROGRAM TO A UNIVERSAL MANDATORY RATE STRUCTURE -The City's residential yard waste collection pro¡ram be¡an 1/1/94 as a unique "options" pro¡ram which allows SÌII¡le·family residents the choice of bow they will participate, bas4III on their own " FmeDt of their yard waste ueeds. A review of the participatiou, costs, and revenue of the fint six mouths of the voluntary "options" pro¡ram Ibow that costs are far exc:eedin¡ reveoue and continuation of the pro¡ram is depeodeot upou . rate adjustmeDt to cover coIJec:tioa and PfOCeSSiD¡ costs. Letters were received from lAidlaw requestin¡ coøsideratioa of an ameodmeut to die yard waste fee I!nICtIn effective 9/1/94 which would involve a chance to allDiversal mandatory rate struè:ture to be Ipread to all SÌII¡Ie-family residents. Staff recommends approval of the resolution. (Deputy City Maua¡er ICrempI) RESOLUTION 17619 APPROVING A UNIVERSAL RESIDENTIAL YARD WASTE , COLLECTION RATE CHANGE TO $1.48 PER SINGL£-FA1\fR.Y HOME , ~ J.2-¿~ ---.--- . DEC. -02' 94 !FRI) 09:46 EASTLAliE TEL:619 421 18jO P. 002 , I .' £X~Iß)T 0 15 Y-3'8/ THE CITY OF CI-ftJU. VISTA DlSCl.OSl1R.E S'T'ATE.MENT ,'ou arc required- 10 file a Slatcmcnl of Disclo~urc of certain owntrsÞip or fin¡¡ncial intCr~1S, pa)menLS. or campaign conlribulions, on all mailers which will require discrelionar) action on Ihe p3ft c¡f the Cit) Council, Planning Commission, and all other official bodi'-\, The following in(ormalion must be disclosed: I. Llsl the names of all persons having a (¡nancial intercst in the property whIch is Ihe subject o( the appliCation or Ihe contracl, e.g., owner, applicant, contractor, Subcontractor, material supplier. EastI.ake Development Company 2. If any person' identinw pursuant to (1) above ls a corporation or pannership, lisl the names o(ull individuals owninlt more Ihan 10% o( the shares in the corporation or owning any partnership interc.st in the partnership. Bo~well Properties Incorporated 1'ulalZo Company 3. If any persCln' identined pursuant 10 (I) above is non·pront organil....tion or a trust, lisl Ihe names o( any person selVÚli as director of (he non·prant organization or as tru"u or benen'ÍiIIY or aruslOr of the trusl. N/A 4. Have you had more than S250 wonh Clr bu~incss transacted with any member o( lhe City staff, Boards, Commissions, Committees, and Council within the pasl rwelve months? Yes_ No_ If ye.s, please indiClllc person(ô): S. Please idenliCy each and ever) person, including any agenls, employ'·CoS. CI.)nsultAnt.\, or independent conlmCtOrs who you have assi~ned 10 reprcsenl )'OU before Ihe City in Ihi$ malter. Gary Cinti - Cinti Land Planning Bill Ostrem - EastLake Dev, Co. Roger Bhatia - Rick Env.ineering Co. Bruce Sloan - EastLak~ D~v. Co. . . 6. Have you and/or your offiœrs or agenlS, in the aggrcgalc, contributed mnrc Ihan $1,000 10 a Councilmcmber in Ihe Cllrrenl or prcœdin~ election period'! Yes_ No_ I( ycs, statc which Councilmember{s): · · · (NO'JE: Attach additional pap IS Dcocssary) · · · - Date: 12-, 2 -er'l ,- --r¡tfj;rtõr ~ntrac,qr/apPlicant :r-Gail c~n~1~tant Proiect M, ~ J;l - i Î ' Print or rype name of nlraClor/applicant . l!!I!!!l is dtft¡ltd tIS: -Arti ût4j,'¡dMD{þfl, cø·PG1'fTW:'rJr.il', )oi,11 \ft'Wre:. OSIOCÙ,'¡U', ,øcial club, frlJ,mwl nrgœ.wmon, corpOl'Gtion, enGlt, ØW\ rccel~, qndi'fllf, IJùJ IJIwl "'U' oshn (0""1)'. ti,F)' .ad C'4)W1Ø)', 1o'ÎI)' mwutll'~/I}', "'wi", or aUttr poIit¡cøl litbål\vion. Of .'1)' ulhtf "Plop Øf cfJ"lbi/lluìl'H1 ."Mt AI . wu,,· .......~-_._---_._..- .. ...~. -. -- ._--- -".,~.._......__.._--_....--_._._--~- .. -.'-. COUNCIL AGENDA STATEMENT Item /J Meeting Date 12/20/94 , ITEM TITLE: Resolution J 7 7'" r Declaring the City's intention to detach from Open Space District No. I and Open Space District No. 10 those territories within Open Space No. 20; to be effective FY 1995-96, and setting January 17, 1995 at 6:00 p.m. as the date and time for the public hearing to consider said detachments. SUBMITTED BY: Drrœtm of Publi, wm'f'; REVIEWED BY: City ManagerCt¿. 51" (4/5ths Vote: Yes_NoX) k~ The open space maintenance district that was created for the Rancho del Rey development . overlapped two existing open space districts. This action will eliminate the overlap and was requested by Rancho del Rey Investors so that the ultimate property owners will only have one open space district on their disclosure statement and tax bill. RECOMMENDATION: That Council approve the resolution declaring the City's intention to detach from Open Space District No. I and Open Space District No. 10 those territories within OSD-20; to be effective FY 1995-96, and setting January 17, 1995 at 6:00 p.m. as the date and time for the public hearing to consider said detachments. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Background Open Space District No. I (OSD-I) was created over 20 years ago to provide for the maintenance of open space lots in the area bordered by East H Street, Otay Lakes Road, Telegraph Canyon Road, and Paseo Ranchero. Open Space District No. 10 (OSD-lO) was created 10 years ago and borders East J Street from Cassia Place to Paseo Ladera and includes those properties bordered by Telegraph Canyon Road, Paseo Ladera, Paseo Ranchero and East J Street (see attached plats, Exhibit A). 1:1-/ . .\ .. '\ ,~ i, ^~ _ .~ __ __...____.._.____~_._~..,_u._._.__.,_ .. Page 2, Item /3 Meeting Date 12/20/94 OSD-20 was formed for the perpetual maintenance of open spaces and other facilities within Rancho del Rey. However, some of the undeveloped land in SPA III, Rancho del Rey, was already included in other open space maintenance districts (OSD-l and OSD-I0, See Exhibit A). The developer for Rancho del Rey SPA III, would like to clarify that the SPA III properties are to be assessed for only one open space district's maintenance (OSD-20) and so that the ultimate property owners will have less confusion on their disclosure sheet and title reports. Tonight's action declares the City's intention to detach the following parcels from OSD-l and OSD-lO, subject to the public hearing on January 17, 1994: OSD-l OSD-I0 Assessor's Parcel No. Assessor's Parcel No. 640-060-11 640-080-32 640-090-04 640-080-31 641-030-12 640-080-43 642-040-0 I 641-020-11 642-040-02 641-030-12 642-040-12 640-080-33 642-040-13 640-090-12 642-040-15 640-090-11 648-080-17 640-193-35 640-198-28 640-192-22 It has been Council's policy in the past to simplify the open space maintenance program by detaching parcels that lie within two districts from the district that they receive the least amount of benefit from (see Resolution 17448, Exhibit B). Landscaping Act of 1972 Open space maintenance districts, as outlined in the Landscaping and Lighting Act of 1972 are created so that those who benefit by the open space are those who are assessed the maintenance cost. The new district boundaries will better reflect the benefit enjoyed by the property owners within each of the three districts. Those within OSD-20 will contribute to the maintenance of the East H Street and Telegraph Canyon Road medians and parkways. The right of majority protest and public noticing as outlined in section 22609 of the Landscaping and Lighting Act of 1972 is limited to the territory proposed to be detached. The sole property owner in this case is Rancho del Rey Investors who support this action and have been notified of this meeting. Costs The cost for OSD-l for fiscal year 94-95 was $72.62 per equivalent dwelling unit (EDU). It is estimated that the net impact of the proposed change of boundary will be a $6 per EDU increase, thereby increasing the cost to $78.64 per EDU (see attached worksheet for 13 ... .J.. __..~__~__d .~.._ -. - ------ _. ".__. 0".' ........ "__._,___..~.___..___.'.~._ . -_._~ -- ----_.._._-~----~~-......_._._--- _.__..._-.~-------~--_. Page 3, Item~ Meeting Date 12/20/94 breakdown, Exhibit C). This increase is due to the same maintenance cost being spread among less units. (796 before and 652 after). The assessment for OSD-IO will not change since the properties proposed to be detached are currently neither maintained nor assessed by OSD-IO. The detachments will not impact Rancho del Rey, SPA III (OSD-20, Zone 7) due to there not being any assessment for the open space yet to be constructed. It is anticipated that any future cost for SPA III open space would be assessed to SPA III developments (Zone 7), whether or not the lands were in OSD-IO or 1. Therefore tonight's action has no impact on OSD-20. Mans After the public hearing, the maps for Open Space District I and 10 will be revised to show the new boundaries as delineated in Exhibit A, sheets 2 and 3. Notice Section 22609 of the Landscaping and Lighting Act of 1972 requires that the areas to be detached be noticed of the public hearing. Rancho del Rey Investors is the sole owner of these areas and will be noticed. The result of the detachment will cause a net increase in cost per EDU to the remaining properties in Open Space District NO.1 however. if the areas were detached from OSD-20 and left in OSD-I. the increase would be much higher than the nronosed $6ÆDU. In any case, all property owners within districts I, 10 and 20 will be noticed of the public hearing. FISCAL IMPACT: Open space districts are funded by property owners within the districts so there is no fiscal impact to the City. The cost of detachment proceedings is estimated at $4,000 plus all noticing costs. Rancho del Rey Investors have deposited these funds. File NO.:OS-036 Attachments: Exhibit A - Area Plats: Map of Areas to be Detached I of 3 New OSD-l Boundary 2 of 3 New OSD-IO Boundary 3 of 3 Exhibit B - Resolution 17448 A previous example declaring the intention to detach open space. Exhibit C - Cost Breakdown Worksheet TA:øb m:\homc\cnginecr\agcnda\dctach08.ta 13'3//.8 -if n^"" __._"__~^ __"'H_~__ ,_ --. ...__.._-~._--_.,------,_.--- "'---"'-~-- _._------_..__..._...._-_.._._._-_.._~---_..__._---- RESOLUTION NO. J'J'1¡' Y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE CITY'S INTENTION TO DETACH FROM OPEN SPACE DISTRICT NO. 1 AND OPEN SPACE DISTRICT NO. 10 THOSE TERRITORIES WITHIN OPEN SPACE NO. 20; TO BE EFFECTIVE FY 1995-96, AND SETTING JANUARY 17, 1995 AT 6:00 P.M. AS THE DATE AND TIME FOR THE PUBLIC HEARING TO CONSIDER SAID DETACHMENTS WHEREAS, the open space maintenance district that was created for the Rancho del Rey development overlapped two existing open space districts; and WHEREAS, it was requested by Rancho del Rey Investors to eliminate the overlap that exists between Open Space Districts 1, 10 and 20 so that the ultimate property owners will only have one open space district on their disclosure statement and tax bill; and WHEREAS, it has been Council's policy in the past to simplify the open space maintenance program by detaching parcels that lie within two districts from the district that they receive the least amount of benefit from; and WHEREAS, section 22609 of the Landscaping and Lighting Act of 1972 requires that the areas to be detached be noticed of the public hearing; and WHEREAS, Rancho del Rey Investors is the sole owner of these areas and was noticed; and WHEREAS, the result of the detachment will cause a net increase in cost per EDU to the remaining properties in Open Space District 1, however, if the areas were detached from OSD-20 and left in OSD-1, the increase would be much higher than the proposed $6/EDU; and WHEREAS, in any case, all property owners within district 1, 10, 20 will be noticed of the public hearing. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby declare its intention to detach from Open Space District No. 1 and Open Space District No. 10 those territories within Open Space No. 20; to be effective FY 1995-96 and setting January 17, 1995 at 6:00 p.m. as the date and time for the public hearing to consider said detachments. Presented by 71:'J Of:k John P. Lippitt, Director of Ý Bruce M. Bocfgaa d, City Public Works Attorney C:\rs\detachos.ta /J-f //3--1, . -,.,,---~,,-_.__.....,,--..- -----~_._--_.._~._--,-----_. y EXl-\lBtT A IOF3 Map of Areas to be Detached , ~ò o~ c.O~"\ ~ 1(\ (oç '\ e\eÇj Not to Scale -.,..,- Detach from 050-10 .11111111111111111. Detach from 050-1 1/ I /1 ðf'Ø\ ~c.e t)\5T('\CT' ND. '2.0 13"'1 . -, __.._..___________._.__.._......,___.._~___.__._.,.~...·_'M'·._.___,_~...____._._ Z oç: '3 E.,)(~·H8IT A OPEN SPACE DISTRICT NO. 10 (Af.."" DeT(A(.\"\MV"'\~ + Not to Scale I:J'Y ..._...... . . ----~-~--~-- _·___....._,_,__.__~_'m .+__ "3oF .3 E)(Hl8lT A Open Space District No. 1 - ()t- Q,y <:Q", ~.s- f'cy <¿..ð- "oJ," ~ :(09 , :-..é~ ,\e. ffi ih Not to Scale -..- New Boundary 1·.·......1 Existing Boundary ~ A'f'e... ",0 be de."'o.c.~ea ..ç.f'OM os Þ-I ,/ &.\-\-tf:>IT 13 / RESOLUTION NO. 17448 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE INTENTION TO ADJUST THE BOUNDARY BETWEEN OPEN SPACE MAINTENANCE DISTRICT 20 AND DISTRICTS 1 AND 10 AND SETTING APRIL 19 AND APRIL 26, 1994 AT 6:00 P.M. AS THE DATES AND TIME FOR THE PUBLIC HEARING WHEREAS, the Landscaping and Lighting Act of 1972 authorizes Council to annex and detach territories from open space districts as outlined by Section 22605 of the Streets and Highways Code; and, WHEREAS, two boundary adjustments are currently being processed by the City which will cause the parcels to be within two open space districts since the original parcels were located along district boundaries; and, > WHEREAS, staff recommends adjusting the open space boundaries to ensure that a parcel is not assessed by two districts. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the City of Chula Vista does hereby declare the intention to adjust the boundary between City Open Space Maintenance District 20 and District 1 and 10. BE IT FURTHER RESOLVED that the City Council does hereby set April 19 and April 26, 1994 at 6:00 p.m. in the City Council Chambers, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California as the dates and time for the public hearing on said boundary adjustment. Presented by ( ,l~ n P. Lippitt ector of Public Works - /J -/(J _ '___M_'·.·..___..·'·.n___··~_·_·___~~_~__,·_~______~__ Exhibit C ~ Cost Breakdown Worksheet Existing After Detachments Open Space District 1 Maintenance cost . $57,810 $51,310 EDU's 796 652.4 Cost per EDU $72.63 $78.65 Open Space District 10 Maintenance cost $55,010 $55,010 EDU's 630 630 Cost per EDU $87.32 $87.32 ) Note: These costl are based on FY 1994-1995 estimates and subject to change with any change in maintenance costa. The maintenance cost of OSD-t decreased due to the detachment of a 1.6 acre slope. 90 eo 70 60 => 0 w 50 - 8- 1ií 40 0 u 30 20 ~- E.':\sr ''';I 10 _ ~ t+fTJ'tt DE'Toc\A~,Q'.S 0 M:,. \Osenspac\detach. wq 1 13-// / _.-.._-_...- -_..._._---_._..__..~-_.- ----- ""---_.._.~-----,,--"_._-_._-------~._..__.._-_.__..__. COUNCIL AGENDA STATEMENT ItemÆ Meeting Date 12/20/94 ITEM TITLE: a) Resolution 177/" Awarding a 3-year contract, for delinquency monitoring to Muni Financial Services, Inc. and authorizing the Mayor to execute said agreement b) Resolution 1777¿7 Awarding a 3-year contract, for judicial foreclosure services to the Law Offices of Robert A Owen, authorizing the Mayor to execute said agreement, and authorizing the City Attorney or his designee to initiate foreclosure proceedings on delinquent parcels in City assessment districts. SUBMITTED BY: Director of Finance fI1-/! Director of Public wor1 ~ REVIEWED BY: City Manager 16 11 (// (4/5ths Vote: Yes_NoX) The City has issued several bonds for the financing of infrastructure. This action will ensure that the City's fiduciary responsibility to the bond holders is fulfilled by providing required delinquency monitoring and collection services. All costs associated with the collection of delinquent assessments are recovered from the delinquent property owners at no expense to the City. RECOMMENDATION: That Council approve the resolutions and authorize expenditure of funds, from assessment district fees, for the monitoring and possible judicial foreclosure of parcels that are delinquent on their assessment installments; and awarding 3-year agreements, for delinquency monitoring and judicial foreclosure services to Muni Financial Services, Inc. and The Law Offices of Robert AOwen; and authorize the Mayor to execute said agreements. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Background The City has formed ten Assessment Districts to provide fmancing of infrastructure mostly for new developments. The bonds that were used to finance the improvements were issued pursuant to the Improvement Bond Act of 1915. These bonds are typically paid off by the district over a twenty to twenty-five year period. The yearly installment is collected bi- annually on the tax bill of those who benefit from the improvements. In addition to the principal and interest, a maximum $16 fee is collected yearly from every parcel within a district for the administration thereof. I~-J --~---~+--,.-.--._----_.,_..__.- Page 2, Item Meeting Date 12/20/94 One of the provisions of issuing 1915 Act limited obligation bonds is that the City must monitor the collection process and cause judicial foreclosure proceedings to commence in as little as 150 days of an installment becoming delinquent. The City's obligations to the bond holders are spelled out as covenants in each districts' bond indenture. In cases where the City does not initiate timely judicial foreclosure proceedings pursuant to the covenants, the City may become liable for the delinquent payment to the bond holders. The 1915 Bond Act states that the cost of collecting a delinquent installment is recoverable from the delinquent parcel. The delinquent installment, penalties, interest and collection costs will be collected from the delinquent parcels so that other parcels within the district will experience no additional cost. All costs associated with the collection of cklinquent assessments are recovered from the cklinquent property owners at no expense to the City. This will be the first year this service is provided by the consultant for all districts except Otay Valley Rd (90-2). Tonight's action authorizes the consultants to perform monitoring and collection services for the City. Funds for this service will be advanced from the $16 yearly administrative fee that the City collects from every parcel within an assessment district. Consultant Selection Process Staff reviewed the methods of accomplishing the work, including performing the activities in- house and using a consultant. The purposes for hiring a consultant to perform this service are speed, expertise and cost. The consultants have a special expertise in this area and handle most of the delinquency monitoring for Southern California. Having a specialist monitoring the collection of delinquent assessments will allow the City to meet its covenants in a timely manner and at a lower expense to the delinquent parcel. Public Works - Engineering Division staff followed the City Municipal Code Section 2.56.23 in the Consultant selection process. As required, a Request for Proposal (RFP) was prepared by staff in accordance with the above mentioned Municipal Code. The Request for Proposal was published in the Star News, the San Diego Union and the San Diego Daily Transcript for a total of six days. Four firms responded to the invitation, requested the RFP documents and submitted their proposals. The RFP included a description of the scope of work and the time frames for completion. Each firm was asked to provide: I) general familiarity with assessment districts especially the Improvement Bond Act of 1915; 2) capacity, resources and specialized equipment or expertise to perform the work; 3) names and qualifications of all key personnel to be used in the project, including any sub-consultants; 4) past record of performance and references; 5) the location of the office where the work is to be performed; and 6) a cost estimate. The RFP also indicated that the City would rank the proposals based on the following criteria: l. Fee proposal and pay schedule. 1'1- e2. .m'···.~·",.,'_ ....~.._ ____.. . ~_ ._~'_._____M""__'__"M___'_ ......__..__.._..._..____...._.._._,,__._ Page 3, Item Meeting Date 12/20/94 2. Past record or performance (Reference Evaluation). 3. Evaluation of personnel qualifications, including sub consultants if so indicated. 4. Capacity and resources to perform the work. 5. Proximity of office to San Diego County. The consultants were also given a copy of the City's standard two-party agreement. The following fIrms responded to the RFP: Consultant Location Estimated Cost' MUIÚ Financial Services and Temecula and $1,400 Robert A. Owen Rialto BSI and Rancho Bernardo and $5,500 Brown Diven & Hentschke San Diego Bartz & McCarberg San Diego $770 + $3,500/month + 1 % of collected assessment District Council (Howard Santa Ana $1,750 Kiefer) me cost estimate is Dasea on / nours ot attorney s time and were aevelopea by staff from cost proposal contained within the proposals. None of the cost proposals Were uniform in time or method, and required staff estimates to compare fees. 7 hours of attorney's time is based on fInal contract with MFS and Robert A. Owen. RFP Evaluation Process The selection committee was appointed by the City Manager and consisted of the Finance Administrator, Assistant City Attorney, and a Senior Civil Engineer, Civil Engineer and Engineering Aide in the Department of Public Works in accordance with the City Municipal Code Section 2.56. The committee members were provided with individual copies of each one of the four responses and each member was charged with rating the proposals in accordance with the evaluation criteria. The Committee met and selected the top three to be interviewed. Bartz and McCarberg was not selected for in interview due to their minimal experience in delinquency monitoring. The Committee then interviewed the highest ranking three fIrms. At the conclusion of the interviews, the Committee ranked the consultant fIrms as follows: 1¥',3 ---- . "---..---+-- _ ..........----- -----_.._-_._"...,_.,_.~----- Page 4, Item Meeting Date 12/20/94 Ranking Firm I Muni Financial Services and Robert A. Owen 2 BSI and Brown Diven & Hentschke 3 District Council (Howard Kiefer) The selection of Muni Financial Services and Robert A. Owen (MFS & RAO) as the most qualified team for the job was based on: 1 )cost; 2) better knowledge of the scope of work and previous work performed; 3) excellent references; 4) presentation in the interview; and 5) strongest project team. BSI and Brown Diven & Hentschke received a lower rating than MFS and RAO because their I) limited expenence 1ß similar projects; 2) limited references; and 3) insufficient understanding of the scope of work. District Council received a lower rating based on the oral presentation and due to lack of satisfactory references. Contract Terms Generally, the provisions of the contract provide that MFS will be responsible for coordinating the collection of all delinquent installment payments and that RAO will provide judicial forclosure services, both as requested by the City. Both are to provide these services for tax years 1994-95, 1995-96 and 1996-97 and all previous years. Both contracts will be completed when all delinquent parcels assigned during the contract period have been resolved or upon notification from the City of contract termination. Both contracts require timely bi-annual status reports of delinquent parcels to the City. The City can effectively terminate the agreement at anytime by not assigning any new delinquencies to the consultants. The compensation schedule for MFS provides for payment for each item of work per parcel and, if a parcel is delinquent in more than one district, compensation shall be as if that parcel were delinquent in only one district. These fees are as follows: Delinquency reminder letter $15 per parcel Delinquency demand letter $25 per parcel Effect removal from the tax roll $35 per parcel per district Subsequent forclosure services $75 per parcel per district Payment plan $140 per parcel per district The compensation for RAO is on an hourly arrangement for services plus out of pocket expenses of $250 per parcel for title reports, foreclosure notice letters, service of process, and filing and recording fees. Compensation for both MFS and RAO remains the same for the entire contract period. MFS will be responsible for collection of the delinquent installment by sending two letters explaining the gravity of the situation and the need for immediate payment. If MFS is not successful they will pass the case on to RAO for judicial foreclosure. If the property owner I¥~ -_... . . ._-,_.._._._"'_."-_.__.--,_._------_._--~~ Page 5, Item Meeting Date 12/20/94 is willing to initiate a payment plan either MFS or RAO, depending on whether or not the parcel has gone to foreclosure, will set up a stipulated judgement to ensure payment. Otherwise, RAO will complete foreclosure proceedings causing the property to be sold, the proceeds of which shall be used to pay the delinquent installment. It is estimated that the yearly cost for the services will be less than $25,000. However, this cost may vary since it is dependent on the number of parcels that become delinquent. The estimated cost for entering into a stipulated judgment is $1,400 per delinquent parcel. The City Attorney has reviewed the contracts and approved them as to form. FISCAL IMPACT: This action will award 3 year contracts for the collection of delinquent assessment installments to be paid for by the delinquent property owners. Since all collection costs are recovered from the delinquent parcels, there is no fiscal impact to the City. By going through this process and collecting the delinquent assessments, the City will avoid future liabilities and difficulties in selling future bonds. MFS currently has a separate contract with the City for arbitrage and has been paid $2,656.72 for this fiscal year and $9,020.50 for last fiscal year. TA:AY-IOOO WPC M:\H01vlE\ENGINEER\AGENDA\2009.94 11I-£ ----- - _..~,. ..,.,_....__....-~_._-_.,-,-. -. ---.--...-. ~-_.__.'"_.__._-----~,---_... ..'.-- - ~ý/~l . RESOLUTION NO. 17? b 9 " RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF CHULA VISTA AWARDING A 3-YEAR CONTRACT, RElI~M!l.B E\"ER\: mh-ElæE~ FOR DELINQUENCY MONITORING TO. HUNI FINANCIAL SERVICES, INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT . WHEREAS, the city has formed ten assessment districts to provide financing of infrastructure for new developments; and WHEREAS, the bonds that were used to finance the improvements were issued pursuant to the Improvement Bond Act of 1915; and WHEREAS, one of the provisions of issuing 1915 Act limited obligation bonds is that the City must monitor the collection process and cause judicial foreclosure proceedings to commence in as little as 150 days of an installment becoming delinquent; and WHEREAS, this action will ensure that the city's fiduciary responsibility to the bond holders is fulfilled by providing required delinquency monitoring and collection services; . and ( WHEREAS, all costs associated with the collection of delinquent assessments are recovered from the delinquent property owners at no expense to the City; and WHEREAS, the cOnsultant, Muni Financial Services (MFS) was selected through the formal selection process. NOW, THEREFORE, BE IT RESOLVED the City council of the ~City Df Chula vista does hereby award a 3-year contract, renewable every November for delinquency monitoring to Huni Financial Services, Inc., a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the Clerk in the final document). 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. 9E IT FURTHER RESOLVED that the city Council does hereby authorize expenditure of funds, from assesSment district fees, for the monitoring and possible jUdicial foreclosure of réels that are delinquent Dn their assessment installme s. I Pr.s..ted by '7ed is ' · ferm 'T) dk,~ ~ John P. Lippitt, Director of Bruce M. Public Works 11/19 ., J I Attorney , 1'111- z.. --~_._.._-~.. . -------.--..-.-- ..------.. ---_._.- ~--,-_._..__.._. --_.> ) - . - THIS PAGE BLANK I , - - , o. - i JlI~~tit . , .. ., _._--~-,---~_.._-_..._..__. - ------. -------~--_:- .......----.-.-=---=------. Agreement Between City of Chula Vista and Muni Financial Services, Inc. for Assessment District Delinquency Monitoring and Collection Services This agreement, dated December 20, 1994 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 fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business fonn is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City has fonned Assessment Districts pursuant to the Municipal Improvement Act of 1913 to impose assessments on benefiting properties to finance the construction of various public improvements; and, Whereas, limited obligation bonds were issued to fund the unpaid assessments pursuant to the Improvement Bond Act of 1915, and, Whereas, the City must begin judicial foreclosure proceedings when parcels become delinquent on their assessment installment; and, Whereas, the City is desirous of retaining the consultant to provide delinquency monitoring services pursuant to the bond indenture for each bond issue; 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.) WPC M:\home\ena:incer\MFSAGREE.BB 11/,-9 - J Page I -..._-- "___"__·_._U__._.___.~._··__"__~_____~_·______ -....--- 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 "Dermed Services". Failure to complete the Dermed 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 Dermed 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 Dermed Services herein set forth, City may require Consultant to perform additional consulting services related to the Dermed Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. WPC M:\home\cngincer\MFSAGREE.BB /J//I*J.j Page 2 ,..__._._._ __ _'__.._ __ _____..____ - ~__.__._,.___._._,____,_._______,,_.__.____._.______.____._. __.n E. Standard of Care Consultant, in performing any Services under this agreement, whether Defmed 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 CO,nsultant 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. (I) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. WPC M:lhomc\engineer\MFSAGREE.BB JJ//I ,5' Page 3 .~~_u_.___.._ ____..__..-.-- - -_..,--,.._._,-~.,-~." - --- -.--- - - ..- ..._._---~.-.-~- - .._-._--,_._---_._,-----_._-_._--_.~_. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the .event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 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 Defmed 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 10 days after Consultant's request therefore, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. WPC M:\homc\engu-IMFSAGREE.BB Page 4 I'I/f-¡' -_.- ."_... ,.....-- .- ----..---,. _._._---~------------_.._---_.._-_._~_._-- , 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 II, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 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 WPC M:\home\enginecr\MFSAGREE.BB JlI'l- 7 Page 5 - - - ----.--- ---- -.,.....--.. .. -----..-.,-'--.--.-.--.--...,--.- - - - -..-- ----.... - ---'" ---'-~---""-' ~ -----~_._--,.".._--_._---------_._.. 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 IS, as an "FPPC mer", Consultant is deemed to be a "Consultant" for the purposes of the Political Refonn 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 detennined 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 Detennine 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 tenn is used in the regulations promulgated by the Fair Political Practices Commission, and has detennined 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 tenn 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. WPC M:\bome\engincer\MFSAGREE.BB Jl//j.ý' Page 6 - _. --..--------.--.------.-,'.-.-.--.,.-. .._--_._-_._---_._--,._--~--_.._,-,.__.._--_._~-_._.---_.- -...- - ~_...._...._.- .--.. --..----,.---..- ---.-. ._--~----,----,-- 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 Defmed Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defmed 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 harmIess the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation reasonable attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, reasonable attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfùl 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 WPC M,\home\engineerlMPSAGREE.BB 11/,9" 1 Page 7 --. -~ ------ ..~ _...____.__....._.m" -- .--" -- "---.----..--.--.--.-.--- 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 shan 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 shan, 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 shan not assign any interest in this Agreement, and shan 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 Defmed Services identified in Exhibit A, Paragraph 17 to the subconsu1tants identified thereat as "Permitted Subconsultants" . 12. Ownership, Publication, Reproduction and Use of Material An 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 shan 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 shan 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. WPC M:\homc\ongìnoer\MFSAGREE.BB pl/;.- If) Page 8 ðì1\ (' ~~--~~---_. .- ... ---,-._....,,-....... _.,_..~_....._'.·.wm_'·."_._____ __.___._______ _.___._,,~_~.~ 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 perfonning 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 harm1ess 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 med 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 tenns of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and reasonable attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defmed 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, except for payment plans with delinquent property owners entered into with the consent of the City. WPC M:\home\enginecr\MFSAGREE.BB 1'1/1 -II Page 9 .-.... _. ,". _._._"n ..-- -_..._..~-_.~-_._--~-~-------_.. 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. Notices may also be given by facsimile at the fax numbers for the parties specified in exhibit A. 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.] . WPC M:\home\cngineer\MFSAGREE.BB PIt?, /:L Page 10 -..---, "___.__ ""..m._~_...______ _U"..__.._____·~___ Signature Page to Agreement Between City of Chula Vista and Muni Financial Services, Inc. for Assessment District Delinquency Monitoring 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: City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk APpræ ift· Bruce M. Boogaard, City Attorney Dated: :~Di ~s'~1Itant Title: Harry Clark, Managing ~yrr:cmjJ £L.þ- Title: Michael Rentner, SeDior Exhibit List to Agreement (X) Exhibit A. () Exhibit B: WPC M:\homc\cngineer\MFSAGREE.BB It//J ' 13 Page 11 , ."._--_.,~-^'----- ------- EXHmIT A TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND Muni Financial Services, Inc. 1. Effective Date of Agreement: December 20, 1994 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 fonn] ("City") 3. Place of Business for City: City of Chula Vista, Voice Phone: (619) 691-5266 276 Fourth Avenue, Fax Phone: (619) 691-5171 Chula Vista, CA 91910 4. Consultant: Muni Financial Services, Inc. 5. Business Fonn of Consultant: ( ) Sole Proprietorship ( ) Partnership ( X ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 28765 Single Oak Drive, Suite 200 Temecula, CA 92590 Voice Phone (800) 755-6864 WPC M,\HOMEIENGINEERIMFSAGRE2.BB Page 1 JlI/) 'JI --.------ ---^,._--------~-_.__..- .- -, _._,-,.._~_...__._-~~~---~_..._-- Fax Phone (909) 699-3460 7. General Duties: The consultant will be responsible for coordinating the collection of all delinquent installment payments as requested by the City for any assessment district within the City of Chula Vista for tax years 1994-1995, 1995-1996, 1996-1997 and all previous years in accordance with what the City has covenanted in the Bond Indenture for each assessment district. 8. Scope of Work and Schedule: A. Detailed Scope of Work: (1) The consultant will provide timely bi-annual reports of delinquent parcels to the City and coordinate inquiries Jrom delinquent property owners. (2) The consultant will be responsible for contacting the delinquent property owner in an attempt to rectify the delinquency, copies of correspondence shall be forwarded to the City. (3) The consultant will be responsible for requesting a direct payment to the City by the delinquent property owner and removal of the delinquent assessment from the County tax roll. All delinquent payments, penalties and consultant's fees shall be made out to the City. (4) While still acting pursuant to covenants the City has in the bond Indenture, the consultant will be responsible for negotiating a repayment schedule as City may approve with the delinquent property owner to avoid foreclosure, if this is acceptable to the property owner. (5) The consultant will, at the City's request or the consultants inability to collect the delinquent installment, turn over any uncollected delinquencies to the City via letter in a timely manner so that judicial foreclosure proceedings can be initiated pursuant to the City's Covenants in the Bond Indenture. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement () Other: Upon written notice from the City to Commence work C. Dates or Time Limits for Delivery of Deliverables: . WPC M,IHOMEIENGINEERIMFSAGRE2.BB Page 2 1'1/1" 15' -_._-_._---------~._-----~_.,_..- --,.~,-~_.,-- -_.._------_._--~---_._..__._~.__.. Deliverable No.1: as specified in each existing Assessment District's Bond Indenture, unless, with respect to 1993/1994 and prior year delinquencies which are, on the effective date of this agreement, still outstanding, the time limits therefore are as soon as is reasonably possible by consultant. Deliverable No.2: Deliverable No.3: D. Date for completion of all Consultant services: That date when all delinquent parcels assigned to the consultant have been resolved or upon notification from City of contract tennination. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance: $3,000,000 (X) Employer's Liability Insurance coverage: $1,000,000 (X) Commercial General Liability Insur<U1ce: $1,000,000 (X) Errors and Omissions Insurance: $1,000,000 (not included in Commercial General Liability coverage). (X) Business Automobile Insurance: $ 600,000 10. Materials Required to be Supplied by City to Consultant: The City will furnish the consultant with the following documents and information: A. Dates the Bonds in each existing district were issued (the closing dates). B. Dated dates of the bonds in each existing district. C. Beginning years of debt service and initial interest rates on the bonds. D. Last years of debt service and final interest rates on the bonds. E. Copies of the following resolutions for each of the districts: 1. Confmning the assessments and ordering construction of the improvements. 2. Authorizing issuance of the bonds and approving the tenns thereof. 3. Authorizing the foreclosure actions. 4. Authorizing the execution of this agreement. F. Bond Indenture Documents WPC M:IHOMElENGINEERIMFSAGREZ.BB Page 3 Ilf4 -1(, .~.._. _____ ......__..._.u·_n n.__._____..__._......_ -------_.._-.----~._"--_..._-_.._--------_. 11. Compensation: A. ( ) Lump Sum For performance of all of the Defmed Services by Consultant as herein required, City shall pay a Lump Sum fee per item of work per parcel in the amounts and at the times or milestones or for the Deliverables set forth below. Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defmed 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 såid Phase. Phase Fee for Said Phase 1. 2. 3. C. () Hourly Rate Arrangement For performance of the Defmed 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: WPC M:\HOMEIENGlNEERIMFSAGRE2.BB Page 4 IJ//f "/7 --....-- ~_____._ ._ .n, no.._ , _ ___._.__._______._______nu -- (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perfonn all of the Defmed Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to (" Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Hourly of Consultant Name Rate ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. D. (X) Other, Piece-meal For performance of the DefIned Services by Consultant as herein required, City shall pay Consultant a fee for each Item of Work: per parcel. A parcel that is delinquent in more than one district will be billed for reminder and demand letters as if delinquent in only one district. The fees listed below are invoiced to the Agency as the services are perfonned, however, the fees shall not be payable until the delinquent assessment and applicable fees have been collected. WPC M:\HOMElENGINEERIMFSAGRE2.BB Page 5 J'//I" 1'6 ."-----.---..-----.^-,...-.-,'..,. ---,-,.__.__....._-,-~. ,. ..-._~-_._-------._._-~._.__...,.._.,.._---_._.__.. When the total number of outstanding delinquent parcels exceeds 200, the fees for the 20lst and subsequent parcels will be payable upon receipt of invoice. Payment plan fees shall be payable to the consultant upon receipt of the first installment. The Items of Work and their corresponding fees are set forth below: Delinquency Reminder Letter $15 per parce1(1) Delinquency Demand Letter 25 per parcel(l) Effect Removal from tax roll 35 per parcel per district Subsequent Foreclosure Services(l) 75 per parcel per district Payment Plan ·140 per parcel per district (I) SUBSEQUENT FORECLOSURE SERVICES AND FEES. Muni Financial Services' (MFS) services include: a) the preparation of a bi-monthly report for the Agency with the status of those assessments which remain delinquent after 30 to 45 days from the mailing of the demand letters. These reports will include aging and current status of all delinquent installments. These reports will be supplied on a bi-monthly basis to the Agency, or more frequently, at no further cost, as requested by the Agency. MFS will also negotiate, at the City's request, with holders of inferior liens on the property for paying off the delinquencies on behalf of the property owners. Subsequent foreclosure fees shall only be paid to the consultant if and when the delinquent installment is collected by MFS in accordance with the City's Covenants in the Bond Indenture. Delinquent installments that are not collected by the Consultant shall not be charged Subsequent Foreclosure Service Fees. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the perfonnance of . services herein required, City shall pay Consultant at the rates or amounts set forth below: () None, the compensation includes all costs. .. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ (X) Postage, not to exceed $ : at cost_. (X) Delivery, not to exceed $ at cost () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: WPC M:\HOMElENG1NEERIMFSAGRE2.BB Page 6 pl/J '/1 ~ u-..- .~_.___ ___,__~__...___~_,..... __ _.. ,..-....--.....-.-.....- ----- --~ -- _._._~._--~._------_... -~._._-_.-. County strip fees: , not to exceed $ at cost 13. Contract Administrators: City: Donna Snider, Civil Engineer, or Veronica Roble, Accountant, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 691-5266. Consultant: Michael Rentner, Senior Associate, MFS, 28765 Single Oak Drive, Suite 200, Temecula, CA 92590 1-800-755-6864 14. Liquidated Damages Rate: ( ) $ per day. - ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, pennit 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, machim;ry or equipment. WPC M,\Hœ.~S\ENGtNEER\MFSAGRE2.BB Page 7 )ý/j ~;.// __ _···n·'__._.___·________~ _.~._..________ _>_____,________ _.,___._..,_____..._._. ,..._...__ ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 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: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: nla (payment from delinquent parcels.) WPC M,IHOME\ENGINEERIMFSAGRE2.BB Page 8 p! /j ,,~/ _________n__..____. _..___,_.... -- .'. _....-~._--_._--~.._-_._---_."_._..,- --..- .-....---.-- ._--"--~--- 19. Security for Performance ( ) Perfonnance 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 detennines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: _ % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: WPC M:\HOME\ENGINEER\MFSAGRE2.BB Page 9 pl/i ..~.1 ~__...__m.~"~__ .__~ _ _~_.___ ----._-~._--------_.-- ____ ~_ ._...._.__._ _______.~._ _.______..___..____M__.__ --_.._~-,._---.,-----~------"~- - ~"'Sf. ð... 1'1'1'1' ( RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A 3-YEAR CONTRACT, RElTEUI.:B:t.E EVER'! Þ'?'~DfP¡;¡R FOR JUDICIAL FORECLOSURE SERVICES TO THE LAW OFFICES OF , ROBERT A. OWEN, AUTHORIZING THE MAYOR· TO EXECUTE SAID AGREEMENT, AND AUTHORIZING THE CITY ATTORNEY OR HIS DESIGNEE TO INITIATE FORECLOSURE PROCEEDINGS ON DELINQUENT PARCELS IN CITY ASSESSMENT DISTRICTS WHEREAS, the city has formed ten assessment districts to provide financing of infrastructure for new developments; and WHEREAS, the bonds that were used to finance the improvements were issued pursuant to the Improvement Bond Act of 1.915; and WHEREAS, one of the provisions of issuing 1915 Act .limited obligation bonds is that the city must monitor the collection process and cause judicial foreclosure proceedings to commence in as little as 150 days of an installment becoming delinquent; and j . WHEREAS, this action will ensure that the City's fiduciary responsibility to the bond holders is fulfilled by providing required delinquency monitoring and collection services; and WHEREAS, all costs associated with the collection of delinquent assessments are recovered from the delinquent property owners at no expense to the City; and WHEREAS, the consultant, the Law Offices of Robert A. OWen, was selected through the formal selection process. NOW, THEREFORE, BE IT RESOLVED the City council of the City of Chula Vista does hereby award a 3-year contract, renewable every November for judicial foreclosure services to the Law offices of Robert A. OWen, a copy of which is on file in the office of the city Clerk as Document No. (to be completed by the Clerk in the final document). BE J;T FURTHER RESOLVED that the Mayor of the city of Chula Vista is hereby authorized and directed to exeëute said Agreement for and on behalf of the city of Chula Vista. BE IT FURTHER RESOLVED that the City Attorney or his ( designee is hereby authorized to initiate foreclosure proceedings on delinquent parcels in City assessment districts. /'1[1./ . .J _.._~- ----.---..-- - -----"--_._---" .._.__.._.__....._._~----"- BE IT FURTHER RESOLVED that the City Council does hereby authorize expenditure of funds, from assessment district fees, for ! tbe monitorin9 a~d possible judicial foreclosure of parcels that are delinquent on their assessment installments. Presented by ¡¡: .. form by John P. Lippitt, Director of Bruce. H. , City Public Works Attorney c:\rs\_n..fe ,. - I'IP",).. -. . -- - - -,..--" --- .....-- .--------- -- _.._._.-_.._-~ .-.-.--.---- Agreement Between City of Chula Vista and The Law Offices of Robert A. Owen for Assessment District Judicial Foreclosure Services This agreement, dated December 20, 1994 for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the City has formed Assessment Districts pursuant to the Municipal Improvement Act of 1913 to impose assessments on benefiting properties to finance the construction of various public improvements; and, Whereas, limited obligation bonds were issued to fund the unpaid assessments pursuant to the Improvement Bond Act of 1915, and, Whereas, the City must begin judicial foreclosure proceedings when parcels become delinquent on their assessment installment; and, Whereas, the City is desirous of retaining the consultant to provide judicial foreclosure services pursuant to the bond indenture for each bond issue; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) WPCM:~OAGREE.BB /'ß- ;J Page 1 / n)."p ,'-',. ._~-_._--~--,..._.'--'--+---'-~"-+~--' '+..-' .- .....-. ....--..- --..--..----'-.-."'- ..._-~,_...~----"_.__.._~-. .-- 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 "Defmed Services". Failure to complete the Defmed 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 Defmed 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 Defmed Services herein set forth, City may require Consultant to perform additional consulting services related to the Defmed Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. WPC M:lhome\etlgin=lRAOAGREE.BB /J/ß' If Page 2 - -_...._---_._-,.._._.._-_.,-"".~------_....- +.--... ....n__ .' .._+_ __._. ". _"M'_____ , .__n_" , ------ ----- ------ ---- E. Standard of Care Consultant, in perfonning any Services under this agreement, whether Defmed Services or Additional Services, shall perfonn 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 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. . WPC M,lhomeIen¡in=lRAOAGREE.BB 1'18",5" Page 3 ....._^'-,_.._-.._..~_....,._--~~~._-_..~_._-_.-.- H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 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 Defmed 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, f1les 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 11, and with the further understanding that delay in the provision of these materials beyond 10 days after Consultant's request therefore, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. WPC M:\home\enginecrIRAOAGREE.BB ¡Jig.,/, Page 4 --- - --------~-- --_...------_._-"'.._--_.._--._-_.~~---,------,--_._-_._,_._._,-,._--,-----~----- '--.-',----, B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and . conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. 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 WPC M:\bomc\enginecr\RAOAGREE.BB pI/I' 'l Page 5 ----- --'._._-_._-~-~'-~- ...,..-.------ -_._- -------.-------- 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 IS, as an "FPPC mer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. 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. WPC M,lhomelaJøineerlRAOAGREE.BB /ljß ;8'" Page 6 I '1!\ "'- (. . -.- m_ ... .____ _ ______'.'."__""'__'_.0.__"...._'_' ._.__ ._,...u·..._··,_··_·_. m.__~··_··_··.__.___ --~---~---,._,.,_. 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 Defmed Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defmed 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 perfonnance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Tenn of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Tenn of this Agreement, or for 12 months after the expiration of this Agreement, except with the written pennission 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 pennission of City. 7. Hold Hannless 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 reasonable attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, reasonable attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Tennination of Agreement for Cause If, through any cause, Consultant shall fail to fulf1ll 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 tenninate this Agreement by giving written notice to Consultant of such tennination and specifying the effective date thereof at least five (5) days before the effective date of such tennination. 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 WPC M:\home\engineer\RAOAGREE.BB ;'18- <; Page 7 __"n - ~-,_.._._--~,..~......._. ..---....-..--....-.....-."" -. ~--'- __·_.M__·___·._..~_·,_"._____'M__·"'·_.,.__·_______._ materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Dermed 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. WPC M:lhomclcnginccr\RAOAGREE.BB Page 8 /Jjß-'Jt) __. __.._ '% __,..,__, ".____0"___'.'__ .'. _____.. .------- -"-----.._._~_._-~----_._._-_..._- ~-_.._._-------- 13. Independent Contractor City is interested only in the results obtained and Consultant shaU perfonn as an independent contractor with sole control of the manner and means of perfonning 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 aU purposes under this Agreement, an independent contractor and shaU not be deemed to be an employee of City, and none of them shaU 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 payroU tax, and Consultant shaU be solely responsible for the payment of same and shaU hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shaU 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 fuUy set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shaU meet and confer in good faith with City for the purpose of resolving any dispute over the tenns 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 shaU be entitled to recover aU reasonable costs incurred in the defense of the claim, including costs and reasonable attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in perfonning the Defmed Services, Consultant shaU include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in doUar amounts of aU contracts and subcontracts relating to the preparation of the report or document. 17. MisceUaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shaU have no authority to act as City's agent to bind City to any contractual agreements whatsoever, except for payment plans with delinquent property owners entered into with the consent of the City. WPC M:\home\en¡ineer\RAOAGREE.BB I¥O'I/ Page 9 . .__._____u.___~_.___.___._n --_.__._---~_.._.~--------- _._-~--~-------_._------- 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. Notices may also be given by facsimile transmission at the fax number for the parties specified in Exhibit A. 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 tlÌe 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.] WPC M,\homelengu-lRAOAGREE.BB 1'/ ß "¡P-. Page 10 _._._.no·....._..... -.,.........-..,..---------.--....-.--..-----.. -- -..-...-.-.--....--.----.--..------ . - ____n___._... Signature Page to Agreement Between City of Chula Vista and The Law Offices of Robert A. Owen for Assessment District Judicial Foreclosure Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: City of Chula Vista by: Shirley Horton, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: ~¡j¡. Bruce M. Boogaard, C Attorney Consultant: Dated: Law Offices of Robert A. Owen by: /UJ-/~ - Title: Robert A. Owen, Attorney at Law - Exhibit List to Agreement (X) Exhibit A. () Exhibit B: WPC M,\homcIen¡in=\RAOAGREE.BB Page II I'Iß-J3 ___."__..__ '._'__·'_~_'__'__'M"_._..·.,'___"_"__""_...._"_____.__.__ ".____~,_.___~ ______ EXHmIT A TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND The Law Offices of Robert A. Owen 1. Effective Date of Agreement: December 20, 1994 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 fonn] ("City") 3. Place of Business for City: City of Chula Vista, Voice Phone: (619) 691-5266 276 Fourth Avenue, Fax Phone: (619) 691-5171 Chula Vista, CA 91910 4. Consultant: Law Offices of Robert A. Owen 5. Business Fonn of Consultant: (X ) Sole Proprietorship ( ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 135 West Rialto Avenue Rialto, CA 92376 Voice Phone (909) 874-2390 Fax Phone (909) 874-8873 WPC M:\HOMEIENGINEERIRAOAGRE2.BB Page 1 II/ß" Ii ~.._- ,. __..m.....__ ___.____.___,.______~___.___" 7. General Duties: The consultant will be responsible for providing judicial foreclosure services as requested by the City for delinquent installment payments that have not been collected by Muni Financial Services ("MFS") for any assessment district within the City of Chula Vista for tax years 1994-1995, 1995-1996, 1996-1997 and all previous years in accordance with what the City has covenanted in the Bond Indenture for each assessment district. 8. Scope of Work and Schedule: A. Detailed Scope of Work: (1) The consultant will provide timely bi-monthly status reports of delinquent parcels to the City. (2) While still acting pursuant to covenants the City has in the bond Indenture, the consultant will be responsible for negotiating a repayment schedule as City may approve with the delinquent property owner to avoid foreclosure, if this is acceptable to the property owner. (3) Upon authorization from the City, and pursuant to the City's covenants in the each district's Bond Indenture, the consultant will be responsible for initiating and prosecuting judicial foreclosure proceedings against all delinquent parcels owners who have not corrected their delinquency. (4) The Consultant will provide copies of all correspondence with delinquent property owners and ensure all payments are made payable to the City. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement () Other: Upon written notice from the City to Commence work C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: as specified in each existing Assessment District's Bond Indenture, unless, with respect to 1993/1994 and prior year delinquencies which are, on the effective date of this agreement, still outstanding, the time limits therefore are as Soon as is reasonably possible by consultant. Deliverable No.2: WPC M:\HOMEIENGINEERIRAOAGRE2.BB . Page 2 pIß-'/5 - --- - --~-_.-.- _._-_._----~_.__.._------_.._-_..__._- ---.-...,..--..-.---..... Deliverable No.3: D. Date for completion of all Consultant services: That date when all delinquent parcels during the contract period have been resolved or upon notification from City of contract termination. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance: $1,000,000 (X) Employer's Liability Insurance coverage: $1,000,000 (X) Commercial General Liability Insurance: $1,000,000 () Errors and Omissions Insurance: 10. Materials Required to be Supplied by City to Consultant: The City will furnish the consultant with the following documents and information: A. Dates the Bonds in each existing district were issued (the closing dates). B. Dated dates of the bonds in each existing district. C. Beginning years of debt service and initial interest rates on the bonds. D. Last years of debt service and final interest rates on the bonds. E. Copies of the following resolutions for each of the districts: 1. Confirming the assessments and ordering construction of the improvements. 2. Authorizing issuance of the bonds and approving the terms thereof. 3. Authorizing the foreclosure actions. 4. Authorizing the execution of this agreement. F. All bond indenture documents. 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defmed Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee WPC M:\HOMElENGINEER\RAOAui<E2.BB Page 3 /'8~/~ -~._.__.._..- ..- .- ... --- -,..---.-.------,.,"..-----------"----.-.------..----... 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 Deliverables set forth . Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ C. (X) Hourly Rate Arrangement For perfonnance of the Defmed Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the perfonnance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following tenns and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perfonn all of the Defmed Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. WPC M:\HOMEIENGINEERIRAOAGRE2.BB Page 4 /'18"'/7 . ---...--.......-...-..-...-........-.. -----..........--..--.....-- _.__.,.._._-,._-,._--,,-----~------_._---" Name Hourly rate Robert A. Owen $150 Other attorneys $150 Paralegals $ 65 ( ) Hourly rates may mcrease by (¡'to lOr services rendered . after [month], 19_, 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 perfonnance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) None, the compensation includes all costs. Cost or Rate (x) Out of pocket expenses, lump sum to include $250/parcel/district Title reports, foreclosure notice letters, service of process, fIling and recording fees~ One-half of this ($125 per parcel per district) to be invoiced and payable upon the City's request to initiate foreclosure on the parcel, the other one half shall be payable upon the earlier of: (1) entry of judgement (2) settlement of foreclosure action (3) redemption of the delinquency (4) the filing of a bankruptcy petition 13. Contract Administrators: . City: Donna Snider, Civil Engineer, or Veronica Roble, Accountant, Public Services Building, 276 Fourth Avenue, Chula Vista, CA 91910, (619) 691-5266. Consultant: WPC M:\HOME\ENGJNEERIRAOAGRE2.BB Page 5 1'18'" /E'" _.n .__..__,__.._.___ "·._,_···_,'_.m_'..__.._""'_ ___~_____ "~._._ _ _'____' .._..__._...._..u.._._._..__ - - -.. -----...----.--- Robert A. Owen, Attorney at Law, 135 West Rialto Avenue, Rialto, CA 92376 (909) 874-2390 14. Liquidated Damages Rate: ( ) $_ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No.1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) 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. . WPC M:\HOMEIENGINEER\RAOAGRE2.BB Page 6 pl8 '/9 __·'.u." .._..__.._._~.._.__..._---_._. - - - - __ _.~.. .._~_____ ··,__,··_·'.__.',o',_.____..._ ." ---..----------------- ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 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: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: nla WPC M,IHOMElENGINEERIRAOAGRE2.BB Page 7 /'Iß"'~¿; -,._-~--_.~----_._- 19. Security for Perfonnance ( ) Perfonnance 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 detennines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: _ % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: WPC M,IHOMEIENGINEERIRAOAGRE2,BB rage 8 J'Iß ,,2./ --,.', .--...--.---.-,---.'.-".-.'------. -....-.-..-....--."^' , ,,_.__.,..__ __.___m__.._ .__ _.______. --_._-- COUNCIL AGENDA STATEMENT Item /5' - Meeting Date 12/20/94 ITEM TITLE: Resolution /7? 71 Removing Historical Pennit Requirement from the Property Located at 644 Second Avenue "It' SUBMITTED BY: Director of Planning ;¿¿y.. REVIEWED BY: City Manager f ~ (4/5ths Vote: Yes_No.lO The City has 44 designated historic sites. Of these, five have pennit control regulating any modification to the sites. Thirty-nine (39) sites have a recognition of the properties with no regulation. The owners of the designated sites with pennit control accepted these regulations at the time of designation. The owner of 644 Second Avenue, one of the sites with pennit control, has requested removal of these regulations for this site (see attached letter). RECOMMENDATION: That the City Council adopt a Resolution removing the application of Municipal Code Section 2.32.090 from the property located at 644 Second Avenue. BOARDS/COMMISSIONS RECOMMENDATION: On October 10, 1994, the Resource Conservation Commission recommended the granting of this request by a 4-0 vote (minutes attached) . DISCUSSION: Nearly 20 years ago when the first regulation regarding designated historical sites was added to the Municipal Code, it included pennit control of each site that was designated under the Code. When the first sites were proposed for designation, individual property owners objected to this additional pennit requirement. The Code was then amended to make the pennit control optional. The first sites were then designated without any pennit control. After an extensive historical site survey was completed prior to the City's 75th anniversary of incorporation, additional sites were designated. Of these, four were designated with pennit control (614,616, 642,644 Second Avenue). Additionally, the Women's Club, which is now owned by the City, was designated with pennit control. All of these sites were designated with pennit control with the consent of the owners. The owner of 644 Second A venue has requested the removal of the pennit control provisions of the Municipal Code. The reasons of the applicant's request are outlined in his letter dated September 28, 1994, which is attached to this agenda statement. 15'1 ---.-..--- ._.._-_.._,"._._...-._----~~,--~~-------- Page 2, Item )5 Meeting Date 12/20/94 The front of the building facing Second A venue provides the historical and architectural importance of the general public. This is approximately one-half of floor area of structure. The remainder was added in the 1920's and 30's. These additions have reduced the historic integrity because they are additions to the original structure that does not reflect the same architectural style as the original structure. FISCAL IMPACT: There would be no fiscal impact associated with this deregulation. There is no fee associated with a historical site permit; therefore, there would be a minor cost reduction to the City. Attachments: I. Leiter from Dr. Richard J. Pfeiffer, M.D. dated September 28, 1994. 2. Minutes of the RCC meeting of October 10, 1994. (m:\home\planning\histprmt.113) ¡5".J- -- -- - ~--------'- ---.---" ---.---..-....-.....- -- _.,---_._-".._-----,~.._--- RESOLUTION /7?71 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REMOVING HISTORICAL PERMIT REQUIREMENT (CVMC SEC. 2.32.090) FROM PROPERTY LOCATED AT 644 SECOND AVENUE, CHULA VISTA, CALIFORNIA WHEREAS, the property located at 644 Second Avenue, Chula Vista, was designated as a historical site by the Chula Vista City Council, and WHEREAS, the City Council of the City of Chula Vista imposed Section 2.32.090 of the Chula Vista Municipal Code on the property which requires a historical site modification permit for any change to the site, and WHEREAS, the owner of the property at the time of designation agreed to the requirement for a historical site permit, and WHEREAS, the current owner of the property has requested that the requirement for historical site permit control be removed from 644 Second Avenue, Chula Vista, and WHEREAS, substantial additions to the structure have been made in architectural styles not conforming to the original architectural style bringing to question the historical integrity of the site. NOW, THEREFORE, the City Council of the City of Chula Vista, based on the facts presented to the City Council does hereby resolve as follows: 1. The City Council of the City of Chula Vista does hereby remove the historic site permit controls in Section 2.32.090 of the ChuJa Vista Municipal Code from the property located at 644 Second Avenue, Chula Vista, California. 2. The City Council of the City of Chula Vista continues to recognize the importance of 644 Second A venue as a designated historical site without the imposition of Section 2.32.090 of the Chula Vista Municipal Code. Presented by: Approved as to form by: tLA~ Robert A. Leiter Bruce Boogaard Director of Planning City Attorney 15'J /15-1 -- -- ---.,. .-....--.-"'.--'. ---~---_._--,_.__..__.._._.- -- -----.----.,-- · Douglas Reid Planning Department 276 Fourth Avenue Chula Vista, Ca 91910 28 September 1994 Dear Mr. Reid: I would like to request removal of the application of section 2.32.090 to 644 Second Avenue. I have several reasons. I have been unable to comply with present day safety codes because of the current review process. This forces me to live in a dangerous environment. I have had all progress in the renovat~on of my house grind to a halt because of the cumbersome review process. This situation also must be disclosed to any potential buyers of the house in the future. I have already spent close to $40,000 doing cosmetic work to the interior and stand to lose much of it. The most compelling fact however, is that the "historical" aspect of the house constitutes less than 50% of its square footage. I have spent a lot of time and effort augmenting my house's value. r request your help in maintaining it. (2mo,y, , , Ri ~ d J. Pfeiffer M.D. 644 econd Ave. Chula Vista, Ca 91910 15'.>' __.~____..._n_.___·'__~___ _ -- --......-.""--.-------'--..---.." .._~---~_." MINUTES OF A SCHEDULED REGULAR MEETING Resource Conservation Commission Chula Vista, California 6:30 p.m. Council Conference Room Monday, October 10, 1994 City Hall Building, Chula Vista CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order with a quorum at 6:40 p.m. by Chair Burrascano. City Staff Environmental Review Coordinator Doug Reid called roll. Present: Commissioners Hall, Marquez, Fisher. A motion had already been made to excuse Ghougassian ITom tonight's meeting. Guerreiro has been unexcused for the third straight meeting. Staff Reid will call him regarding his status with the commission. APPROVAL OF MINUTES: It was MSUC (Hall/Marquez) to approve the minutes of the meeting of September 26, 1994 with two corrections: No.2, para. 2, the name in the last sentence should be corrected to read "Fisher." Page 2, No.3, the 5th sentence should read, "Hall also asked if any of the funding was for the 125 toll road." Vote: 4-0, motion carried. ORAL COMMUNICATIONS: None. NEW BUSINESS: The agenda was taken out of order to accommodate the guests. 1. Historical Site #44, 644 Second Ave., Deletion of Permit Control Requirements: The applicant was present to answer any questions of the commission. After a very brief review, it was MSUC (HalVFisher) to grant a removal of the site permit control requirements ITom his property; 4-0, motion carried. 2. Staff Meacham presented his report on adding aerosol cans and empty steel containers to residential curbside recycling. Residents were directed to contact APTEC, 235-2111, for proper disposal of such items. He explained that no additional cost would be incurred by the rate payers or to the city. It was MSUC (HalVFisher) to recommend acceptance of the staff report and authorize staff to add empty aerosol containers to the list of items collected in the residential curbside recycling program; vote: 4-0, motion carried. Following the vote, the commission was updated about the Recycling Public Education Plan, as well as the current solid waste programs. 3. Salt Creek, Gravity Sewer Basin Negative Declaration IS-94-24: It was MSUC (Marquez/Hall) to recommend adoption of the negative declaration to establish the Salt Creek Basin Development Impact Fee to pay for sewer improvements within the Salt Creek Sewer Basin; vote 4-0, motion carried. 4. Environmental Improvement Recommendation Review - no discussions. No change was made to the content, but typos were corrected. It was MSUC (Hall/Marquez) to approve the recommendations as corrected. Chair Burrascano will make the corrections for presentation to Council. /.Ý? -~'-~'~~'-'--'-"--~-~"^-"-'--"-~---- . _______._.. ___._...____,._.,__~___~__ ". ._.__.___..__._.___...__._...~__m_·___ 5. The ordinance which establishes the duties of the RCC was reviewed by Staff Reid. Its duties are related to the environment, energy, and historical protection. Additionally, Reid said the draft EIR of the sphere study will be coming before the commission within the next couple of months. LAFCO is the responsible agency for the overall project; however, Chula Vista will be the lead agency. Commission was advised that it can make recommendations to City Council in its review of documents such as these. Chair Burrascano requested Staff to make an effort to confact the Historical Society when issues such as tonight's presentation (Site #44) comes before the commission. 6. No review of Planning Commission agenda as their meeting was cancelled. STAFF REPORT: The City is still moving on with the 4(d) permits. There is an impasse with the county on how much take is permitted. The next scheduled meeting of October 24 is one day prior to council approving the 5th Alternative on the MSCP Plan. Staff Reid suggested a workshop prior to that time to explain all the alternatives and to allow for adequate discussion for the new members. Fisher advised he will not be present for the October 24 meeting. CHAIRMAN'S COMMENTS: Chair Burrascano met with Staff to discuss several issues: (a) Historical review status will be kept as part of the commission's duties; (b) suggestion made that other commissions provide a status review so as to avoid overlap in duties; (c) do more group review and mitigation when proposed; and (d) requested and received guidelines fÌ'om Staff as to what is an excusable absence. COMMISSIONER'S COMMENTS: Marquez asked where the fire of October 9 was located. The area was pointed out on a map indicating where the 2000 acres were consumed. She also asked if thought was given to not tear out roads two different times to repair water lines and street lights on Second Avenue. Fisher requested time to review the Alternatives to the MSCP Plan. ADJOURNMENT: The meeting was adjourned by Chair Burrascano at 9:40 p.m. Respectfully submitted, EXPRESS SECRETARIAL SERVICES ~ 7N Barbara Taylor /5'-~ .1 ----"---- ..---. - -"'-"-"-~----'------'-"--"-~'- ...- "._"_._.,._."_.--------,,--~~~.._-_._._---,,.__.. COUNCIL AGENDA STATEMENT Item: /¿, Meeting Date: 12/20/94 ITEM TITLE: 19. Report: Amended landscape plan for the EastLake Maintenance District - Zone liD" O. Resolution: 177?~ Accepting bid and awarding landscape maintenance contract to R.c. Landscape Company to provide landscape maintenance services to Zone "D" of the EastLake Landscape Maintenance District No.1. SUBMTITED BY: Director of Parks and Recr~ Director of Public Works REVIEWED BY: City Manager j~~ \, (4/5ths vote: Yes _ No X) At the August 2, 1994 City Council meeting, during consideration of the assessments for the EastLake Maintenance District (Zone "D"), Council directed staff to return with an amended landscape plan for the SR-125 Right-Of-Way, and associated slopes, which would include lower cost natural landscaping. In addition, Council reduced the annual assessments in EastLake Maintenance District No.1, Zone "D", which would provide for the implementation of a natural landscape plan for the slopes adjacent to SR-125 and any necessary erosion control. The report describes the methodology utilized to amend the landscape maintenance plan. As a complementary action, the EastLake Landscape Maintenance District No.1, Zone "D" is ready for acceptance from the developer and a contract for landscape maintenance is now required. RECOMMENDATION: That Council: 1. Accept the report amending the Zone "D" landscape plan to include lower cost natural landscaping; and 2. Adopt the Resolution accepting the low bid from R.c. Landscape to provide landscape maintenance services to Zone "D" of the EastLake Landscape Maintenance District No.1, and award the contract effective on January 1, 1995. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: At the August 2, 1994 City Council meeting, during consideration of the annual assessment for the EastLake Maintenance District - Zone "D", the City Council reduced the annual assessment for a typical single family dwelling in Zone "D" by approximately $100 (from $267.62 to $168.32); and directed staff to return with an amended landscape maintenance plan for the adjacent slopes to SR-125, which could be accomplished with the reduced annual assessment and still maintaining natural landscaping to provide erosion control. A locator map depicting Zone "D" is attached. [JF:tt-A113.Zor.JeD,fjn-120994 1 .\ /¿,/I--¡ \ r)' " -.._.._--_._..._._..~-- --.. -----_.--_..__..~._- -'-"-- - .. ------,--,------- ---~-- Item: I¿, Meeting Date: 12/20/94 The Department met with representatives of the Baldwin Development Company and their landscape architect to create a viable maintenance plan with the reduced assessments, but still retain the landscape as a desirable, aesthetic and functional component of the project's overall landscape concept. The following cost saving measures were incorporated into the bid process for a landscape contract for Zone "D": a. Limit maintenance contractor to quarterly pick-up of debris. b. Reduce fertilization to once annually. c. In appropriate landscape maintenance areas, downgrade from highly irrigated landscaping to minimum irrigation. In addition to the above, the bid specifications called for the elimination of the adjacent slopes from the contract, and portions of the SDG&E easement were changed from irrigated slopes with erosion control to non-irrigated slopes. The cost for maintenance would be significantly reduced when these cost-saving measures are implemented. The Department made the following efforts to keep the citizens of Zone "D" informed on the amended landscape plan. First, a copy of the draft report was sent to the five concerned citizen who spoke to Council at the August 2, 1994 meeting. Second, a notice of a meeting to discuss the amended landscape plan (scheduled for October 24, 1994) was sent to the five citizens (all residents of Zone "D" were invited); and finally, residents were invited to go on an inspection tour on December 3, 1994. However, no one attended the meeting, and the tour is being rescheduled at the citizen's convenience because no one could attend on that date. Landscaoe Maintenance Contract for Zone "D" - EastLake Landscaoe Maintenance District No.1 Should the Council accept the report regarding the amended landscaping plan for Zone "D", it is pertinent at this time to consider the awarding of a landscape maintenance contract for Zone "D" of the EastLake Landscape Maintenance District No. 1. Sealed bids were received by the City's Purchasing Agent on November 30, 1994. Following the formal publication of the notice to bidders, approximately fifty (50) landscape maintenance companies were notified. A total of fourteen (14) companies attended a mandatory pre-bid conference and tour of the area on November 9, 1994. A total of four (4) companies submitted sealed bids by the posted deadline. Zone "D" encompasses the parkway on "H" Street, and the slope landscaping. There is approximately 15.5 acres to maintain. The acreage include the following types of landscaping: Irrigated Streetscape 2.2 acres Irrigated Slopes, Erosion Control 4.8 acres Non-irrigated Slopes 2.2 acres Coastal Sage & Otay Tar Preserve 6.3 acres [JF:tt-AIB-ZoneD.fin-l20994] 2 I¿/I'J.. __ ____.'___._ '.'0 _..__~___~_____.....__.__._________.._..._._,___.______.._...__._.._...._ ~ .._ _. ___._.__ _ __ _,______.__ ______. __ -..--.....--,------ Item: If, Meeting Date: 12/20194 The bid package included a base proposal and two alternatives. The base proposal excluded most of the irrigated landscape slope adjacent to the SR-I25 Right-Of-Way as per Council direction. Bid Alternative #1 includes the slopes adjacent to SR-125 Right-Of-Way and Bid Alternative #2 upgraded the SDG&E Easement between East "R" Street and Rolling Ridge Road from non-irrigated hydroseed to irrigated erosion control plantings. The bids submitted were: RC. Landscape $17,920 $ 4,752 $ 200 $22,872 New Way Landscaping $41,964 $13,013 $6,240 $61,217 Ponderosa $44,400 $ -0- $ -0- $44,400 Cooley's Landscape $76,485 $19,395 $3,348 $99,228 Staff has reviewed the bids and recommend accepting the low bid by RC. Landscape. Staff is confident that RC. Landscape is capable of performing and meeting the landscape requirements for Zone liD". RC. Landscape has other contracts currently with the City and has performed satisfactorily. Therefore, it is recommended that Council award the base proposal and the two alternatives to RC. Landscape for a total of $22,872. FISCAL IMPAcr: For the amended landscape plan in Zone "D", the reduced assessment of $168.32 for a typical single family dwelling was approved by Council at the August 2, 1994 meeting will provide the necessary funding for the amended landscape plan. All city staff services will be reimbursed from the assessment. For the proposed landscape maintenance contract, the total cost for maintaining Zone "D" will be borne by the respective homeowners in the development. The low bidof $22,872 is approximately $17,000 less than the Department's estimate of $40,000. These savings will be realized by the Zone "D" residents in FY 95/96 assessments. RC. Landscape has an FY 94/95 contract with the City of Chula Vista for landscape maintenance in Districts 1,2,5,6,7,9, 10, 17, 18,23, and 26 in a contract amount of $157,590. For FY 93/94, RC. Landscape had a landscape maintenance contract for $117,868. Attachment: Zone "D" Locator Map [JF:tt-A113-ZoneD.fin-12Am4] 3 I¿'~"':J ~---- .. _........ .-----.-....----.-.--..-- -".~~-_._,-,,_..--- ~_ _._..___.__ ___.__~_____'._m ___..___. -"..-, . . ... - - - - . . -' 1·11 U~ I l~ §iili] i I~ iJ ~& J ~ I ¡II I I . . i . ~ -- . pi i! II i .._- ! Ii . ~ . . I.. iii ~ · -I}I.. w>o 1fT II" I . -- Irl' litiS . ¡J I ©J =II ~ . ... 0 !!. "1,: 1:1 = IF z I \ - I ..~ I tll,·n. ìI @l) w> ~ '" 6 -.' -- - - ¡I Oi ! ;~ ~ ~ UiiiJ :() ¡ ...... - - ,.l 14' I F = "' ~ _.~¡ .11 II II =D ©~ r- I. . !! I :~_ In I.' =II ~ 0 z -·-·~f1 'Ia If r ~ e :æ¡g ; II; I_ "f ~ &1/ ¿, e. . o. . r ø .c:;¡jIw =Ø> B Ø1:!J UiiiJz, ! ill ~ ~ S~ ~~ I ~ I; ~o i uuu ~ ~ ;= i 121 . ~UiiiJ~!{l~ I ,;'.' /¿,4·Jj i è § 1.0> ¿¡ ©J UiiiJ ~> ____.'u.. ._ ___ ______ RESOLUTION NO. /777:l RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AWARDING LANDSCAPE MAINTENANCE CONTRACT TO R. C. LANDSCAPE COMPANY TO PROVIDE LANDSCAPE MAINTENANCE SERVICES TO ZONE liD II OF THE EASTLAKE LANDSCAPE MAINTENANCE DISTRICT NO. 1 WHEREAS, at the August 2, 1994 city Council meeting, during consideration of the assessments for the EastLake Maintenance District (Zone "D"), Council directed staff to return with an amended landscape plan for the SR-125 Right-Of-Way, and associated slopes, which would include lower cost natural landscaping; and WHEREAS, in addition, Council reduced the annual assessments in EastLake Maintenance District No.1, Zone "D", which would provide for the implementation of a natural landscape plan for the slopes adjacent to SR-125 and any necessary erosion control; and WHEREAS, the EastLake Landscape Maintenance District No. 1, Zone "D" is ready for acceptance from the developer and a contract for landscape maintenance is now required; and WHEREAS, the following four bids were submitted: i····.·.··..· I.Ì#.$# ...... ........ ii i.. ..... \#1 Iii R.C. Landscape $17,920 $ 4,752 $ 200 $22,872 New Way Landscaping $41,964 $13,013 $6,240 $61,217 Ponderosa $44,400 $ -0- $ ~o- $44,400 Cooley's Landscape $76,485 $19,395 $3,348 $99,228 WHEREAS, staff has reviewed the bids and recommend accepting the low bid by R.C. Landscape as responsive and it is recommended that Council award the base proposal and the two alternatives to R.C. Landscape for a total of $22,872. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby accept the low bid from R. C. Landscape in the amount of $22,872 to provide landscape maintenance services to Zone liD II of the EastLake Landscape Maintenance District No. 1, and award the contract effective on January 1. 1995. I I~IJ"'/ .. _..,.._-~._----,,-_._._--- ....- _....u_.~_._"_ .-._.._--_.__..._.._~-_..- ---_.~._. -,----,--_.~ - BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula vista. Presented by zr Jess Valenzuela, Director of ¡ Bruce M. Parks and Recreation Attorney C:\rs\zoneD.bid 2 II,ß·~ .. ...-...--.---------.---...- -.--.... --_.~-~--- ..--.--..--.---..--- .-.---- ~...__...__....__."~~---_._._._.~._._-_._._._- - " --..,,"---..--------..-,-.-----.---- ---. COUNCIL AGENDA STATEMENT Item fl Meeting Date 12/20/94 ITEM TITLE: Report on the "Notice of Availability of Draft Loss Permit" and "Draft Loss Permit" (CS-95-04) for the Widening of Wueste Road at the Olympic Training Center SUBMITTED BY: Director of Plannin~t REVIEWED BY: City Manage~ìi\¡ (4/5ths Vote: Yes_No__XJ fer Last year the Federal Department of the Interior adopted the Special 4(d) rule regulating the habitat "loss" of the California Gnatcatcher. This Special Rule links protection of the bird to the California Natural Community Conservation Planning (NCCP) process. Prior to the preparation of an overall NCCP plan, the process allows the "loss" of up to 5 % of Coastal Sage Scrub (CSS), which is the habitat for the Gnatcatcher. In August of this year, the City Council adopted an amendment to the Municipal Code which implements the Federal Special 4(d) rule at a local level. An application for a Coastal Sage Scrub (CSS) loss permit was filed and granted for SPA III of Rancho del Rey. The second proposed permit came before Council a month later in conjunction with the approval of Bonita Hills Executive Estates. This proposal for the loss of .20 acre of Diegan coastal sage scrub as a result of the widening of Wueste Road at the entrance to the Olympic Training Center (OTe) is the third such permit to come before Council. RECOMMENDATION: That Council accept the loss permit as drafted. BOARDS/COMMISSIONS RECOMMENDATION: This item was referred to the Resource Conservation Commission for its meeting on December 12. This meeting was cancelled due to a lack of quorum, and another meeting could not be scheduled prior to the end of the review period, again due to lack of quorum. It should be noted that RCC review is not required by ordinance on this matter. DISCUSSION: Background In March, 1993 the Federal Department of the Interior listed the California Gnatcatcher as a threatened species, and adopted a special rule under Section 4(d) of the Endangered Species Act which establishes specific regulations regarding the taking of Coastal Sage Scrub (CSS), the habitat of the Gnatcatcher. This Special Rule allows local jurisdictions to grant CSS "loss" permits if certain findings can be made. The 4(d) Rule is intended to provide an alternative for /7-- / - -+-.-----..--'''-.-.,.-." ~.---~._-_..._,..".- _.._-,_...~-,,----_._- Page 2, Item J7 Meeting Date 12/20/94 applicants who choose not to go directly through the U.S. Fish and Wildlife Service (USFWS) for a Section 10(a) permit. In August, 1994 the City of Chula Vista adopted an amendment to the Municipal Code to create a voluntary loss permit process sanctioned under Section 4(d) of the Endangered Species Act. The ordinance provides alternative procedures for obtaining authorization to take CSS within the City of Chula Vista. The proposed City loss permit is normally processed in conjunction with the project environmental review, with the Initial Study or the EIR. Integration of the loss permit process with the City's environmental review process ensures both a thorough evaluation of the biological resources issues and appropriate mitigation requirements, and allows adequate opportunity for input from the public, resource agencies, and other affected agencies. The ordinance has a provision for granting a loss permit to previously approved ("pipeline") projects that have already been through the City's environmental review process. In those cases only, the Resource Agencies are consulted and there is not additional public review. Section 17.30.053 of the CSS Loss Permit ordinance states in part: The Notice of Availability of the Draft Loss Permit and Draft Loss Permit shall also be placed on the City Council agenda, as a consent agenda item unless the City Manager directs otherwise, for the soonest regular Council meeting scheduled to occur after the beginning of the Review Period as the agenda preparation schedule may permit. The Council shall have the right to express concerns and give directions to the Director regarding the decision to grant the Permit, or to add, delete or modify the terms and conditions thereof. Concerns and directions issued by the Council shall be forwarded to SANDAG and the Resource Agencies as soon as possible. This Draft Loss Permit was released for public review on December 2, 1994, and therefore this is the appropriate agenda for Council to consider the Loss Permit. ProDosed Permit The OTC's Sectional Planning Area (SPA) Plan requires the widening of Wueste Road near the entrances to both its main campus and boathouse site to construct left turn pockets. These improvements are required to meet public safety standards. The OTC has been approved and is currently under construction. Biological mitigation for coastal sage scrub and wetland impacts at the boathouse site has already been implemented and is in its five year monitoring period. The road widening project will directly impact .20 acre of Diegan Coastal Sage Scrub. (see Figure 3). At a 2: 1 ratio, a total of 0.40 acre of mitigation acreage would be required to compensate for the 0.20 acre of impact. Of the 0.20 acre of occupied habitat that would be impacted, 0.08 acre impact would be considered temporary. The remaining 0.32 acres of mitigation would have to be provided in the general vicinity of the proposed impact. J 7,;A.. ,-~-- ......-.----_._.,_._-~-..._--_... Page 3, Item I') Meeting Date 12/20/94 The goal of the mitigation program, which is to provide coastal sage scrub suitable for the California gnatcatcher will be accomplished by revegetating 3.45 acres of land which had been previously farmed, was subsequently graded for the OTC and has been revegetated in conjunction with a previously approved mitigation program (see Figure 4). The specific acreage being counted as mitigation for this permit is in excess of that which was required under the previously approved mitigation program. The proposed mitigation acreage is located in the vicinity of the proposed impacts. By providing Diegan coastal sage scrub acreage adjacent to existing California gnatcatcher territories, it is more likely that California gnatcatchers will utilize the acreage once it is established. Ogden proposes that the mitigation for the proposed Wueste Road impacts utilize the same plant palette, monitoring program, and success criteria described III the approved Revegetation/Mitigation Plan for the Olvmpic Training Center Boathouse. This program has been implemented and is yielding positive results as it nears the end of its first year after installation. The mitigation program for Wueste Road will be incorporated into the overall coastal sage scrub mitigation program for the OTC Boathouse project. An additional 3.45 acres of coastal sage scrub creation located at the OTC, not a part of the original mitigation, will be incorporated into the existing program and monitoring schedule for the Boathouse. The temporary impact area revegetated along Wueste Road will also be incorporated into the overall mitigation monitoring program. The 0.08 acre of temporary impact along Wueste Road will also be monitored and maintained as necessary to insure its successful reestablishment to coastal sage scrub species. Including the temporary impact acreage, a total of 0.40 acres of coastal sage scrub creation will be maintained and monitored for the proposed impacts to Wueste Road. The total coastal sage scrub revegetation acreage being monitored at the Olympic Training Center will increase from 3.5 acres to 7.13 acres (7.05 at the Olympic Training Center and 0.08 acre along Wueste Road). Draft Findings In order to approve a Loss Permit, the Director of Planning is required to make certain specified findings. The required findings and responses are listed below: 1. The habitat loss, as proposed for issuance under the 4(d) Loss Permit, is consistent with the "interim loss criteria" in the November, 1993 State Natural Community Conservation Program (NCCP) Conservation Guidelines (as specified in items a. through d. below) and, if a subregional interim take process is established in a form proved by the City of Chula Vista at the time of the issuance of the loss permit, as modified if necessary, consistent with such approved subregional interim loss process. 17-] ....-....-........-.-.---..,.--.- Page 4, Item /? Meeting Date 12/20/94 a. The habitat loss, under the Loss Permit, will not exceed, when considered cumulatively with all other loss of CSS occurring since March 21, 1993, 5% úy acreage of the then existing CSS within the region. The regional CSS loss acreages are as follows: 1 San Diego Region initial allowable CSS loss 11,371.9 ac. Cumulative CSS loss since March 21, 1993 58.3 ac. Remaining allowable CSS loss 11,313.6 ac. Loss allowed by this permit .2 ac. Excluded acreage' 256.0 ac. Remaining allowable regional CSS loss 11,057.4 ac. The NCCP Conservation Guidelines have indicated that a 5 % loss of CSS is acceptable during the preparation of a NCCP or its equivalent (i.e. MSCP plan. The proposed habitat loss does not cumulatively exceed the 5 % guidelines. The loss of .20 acre of CSS combined with current losses of sage scrub within the San Diego Region does not exceed 5 % of the existing sage scrub habitat. b. The habitat loss, under the Loss Permit as proposed by the Director for issuance, will not preclude connectivity between areas of high habitat values. The habitat loss, under the Loss Permit as proposed by the Director for issuance is located within a biological core area and is adjacent to areas designated for 100% habitat preserve on the Multi-Species Conservation Program Map - Fifth Alternative. The gross areas of loss is only .2 acres and therefore would not preclude connectivity between areas of high habitat values (Figure 3). As the area of proposed loss will be mitigated immediately adjacent at a 2: 1 ratio, the connectivity between the areas of high habitat values may be increased. c. The habitat loss will not preclude or prevent the preparation of the subregional NCCP. The area in question is shown as a development area on the City of San Diego's Draft Multiple Species Conservation Program Map Fifth Alternative. The habitat loss will not preclude or prevent the preparation of the subregional NCCP. d. The habitat loss, under the Loss Permit, as proposed úy the Director for issuance, has been minimized and mitigated in accordance with Section 4.3 ("Interim Mitigation ") of I These CSS loss acreages will be reconfirmed with SANDAG prior to the finalization of this loss permit. 2 The 256 acres were excluded from the total loss, by Dale Hall, Assistant Regional Director of U.S. Fish and Wildlife in a letter of October 24. 1994 (letter attached) J?-,/ - ------. -_.._-,,------~_._.._.~~-~------~-_.._._-- Page 5, Item ~ Meeting Date 12/2 /94 the "Southern California Coastal Sage Scrub Natural Communities Conservation Planning Process Guidelines, "dated 11/5/93, and thereafter, to the maximum extent practicable. The goal of the mitigation program is to provide coastal sage scrub habitat suitable for the California gnatcatcher. Mitigation acreage has been located in the vicinity of the proposed impacts, providing compensating Diegan coastal sage scrub creation acreage adjacent to existing California gnatcatcher territories. This makes it more likely that California gnatcatchers will utilize the mitigation acreage once it is established. Ogden proposes that the mitigation for the Wueste Road impacts utilize the same plant palette, monitoring program and success criteria described in the approved Reve!!etationlMitÍ!mtion Plan for the Olvmvic Trainin!! Center Boathouse. Lower Otav Lake. Chula Vista. California (approved Plan) dated January 1992. This program has been implemented and is yielding positive results as it nears the end of its fIrst year after installation. The mitigation program for Wueste Road will be incorporated into the overall coastal sage scrub mitigation program for the Olympic Training Center Boathouse project. An additional 3.45 acres of coastal sage scrub creation located at the Olympic Training Center, not a part of the original mitigation, will be incorporated into the existing program and monitoring schedule for the Boathouse. The temporary impact area revegetate along Wueste Road will also be incorporated into the overall mitigation monitoring program. The 0.08 acre of temporary impact along Wueste Road will be seeded with the seed mix specified in Table 2 of the approved plan, minus the container plants and irrigation system used elsewhere. This area will also be monitored and maintained as necessary to insure its successful reestablishment to coastal sage scrub species. Including the temporary impact acreage, a total of 0.40 acres of coastal sage scrub creation will be maintained and monitored for the proposed impacts to Wueste Road. The total coastal sage scrub revegetation acreage being monitored at the Olympic Training Center will increase to 7.13 acres (7.05 at the Olympic Training Center and 0.08 acre along Wueste Road). 2. The habitat loss will not appreciably reduce the likelihood of the survival and recovery of the Coastal California Gnatcatcher. (Potiaptila Californica Californica). The goal of the mitigation program is to provide coastal sage scrub habitat suitable for the California gnatcatcher. Mitigation acreage has been located in the vicinity of the proposed impacts, providing compensating Diegan coastal sage scrub creation acreage adjacent to existing California gnatcatcher territories. This makes it more likely that California gnatcatchers will utilize the mitigation acreage once it is established. The adjacency of the mitigation site to the project site increases the likelihood of the long- term success of regional open space planning efforts. Due to these reasons the proposed habitat loss would not appreciably reduce the survival or recovery of any listed species, including the gnatcatcher. 17#5 ------_.._,.._......_---~-_.._--- ..-.-.- "'---- -.-..----,--.,'-- Page 6, Item 17 Meeting Date 12/20/94 3. The habitat loss is incidental to otherwise lawful activities. The project has already completed CEQA review and will meet all local, State and Federal requirements. 4. Proposed mitigation is consistent with NCCP process guideline requirements. The NCCP Process Guidelines identify several options for mitigating impacts to CSS. These options include acquisition of habitat, dedication of land, management agreements, restoration, etc. The dedication and long-term preservation of .40 acres through a mitigation monitoring program is consistent with NCCP Process Guidelines. . Conclusion Staff has determined that the habitat loss, as proposed for issuance under the 4(d) Loss Permit, is consistent with the "interim loss criteria" in the November, 1993 State Natural Community Conservation Program (NCCP) Conservation Guidelines, and all other requirements of the City's Interim Loss Ordinance. It should be noted that there is still an unresolved issue with the Resource Agencies and the County of San Diego regarding the allocation of allowable interim take to jurisdictions within the San Diego region, as discussed in previous Council Agenda Statements on this matter. City staff is continuing to work with these agencies to resolve this issue. FISCAL IMPACT: All costs of processing this permit are covered by processing fees. Attachments : I, Figure I - Regional Vicinity Map identifying the project site 2. Figure 2 - Location of Project site in relation to the Olympic Training Center and Boathouse 3. Fignre 3 - Wueste Road Grading Improvement Fill Slope creating impacts to coastal sage scrub 4. Figure 4 - Existing coastal sage revegetation and proposed coastal sage revegetation 5, October 24, 1994, Letter from Dale Hall, U,S, Fish and Wildlife 6, Draft 4 (d) permit for the widening of Wueste Road at the Olympic Training Center 7. Disclosure Statement - "tiT' S t:19 AJ AJ EJ> (b:\otccs.all) 17' ¿, ~~--.- ~-..~~_.- ---_._._-_._~--_..._------ ------.--_. I'-'-'-'-'-'-'! 1 ........ ....... .... .... -. .~ -.- .-.-. -.-.-.-.- .-.-.-.. ..... ...-.-.-.- 'AL.LI"OOK ... .., i'" (' ......'.., ... ~ - C". 0 '" ,... '> "'.¡ .... '%. Ai.'INE - ~ ~tl'.' "'fI"'"'' ~.'" ~.. Q ------ . . ~"l.~-- "'dl . .... ----- ~. .... ~ I PROJECT SITE , . ;,j i.Y .. ;; F 1 G U R F. OGDEN ReglonaJ Vldnlly Map /7"'') 1 . . . . . . -._--_.._-~--_._..- ._--_._._----~-- -- __ 0' ! - - ~.:-"':-"""( I': ." - :. ¡ . \-~:::::::- '" -''¡ ,_ - - I ..:. - :' I i ¡ç "",...:;:r ., I .~- ....~ -. '.....:.-- ~ 1_ ~......\til·· -t.X:,,' ;..:' ,'__ <0 I". : 'L- --::::- . -'- '=,:: ~: ,.' /- . - ' /"'1 ..::..l .' ''-'' ,.' /' , ' '" , i mE< "" \ ,,' ,.." I , v '~.:'. ... ... i . .~. . -" - .....,. I . I -.... \ , - - ",. ., n , 0 TC -=- '. "'h";~ - . '...¡'~ , , o I , . - ' . Q OGDEN ,= ~ . . . . . Location of Pro...... S FIG U R E m ~, .. /7-1/' .. .... ' 2 ~----- -.--..-"-...... ~ '4 ~ ·-;::rj'r:····~·~ 02:53F'1'1 (\1;[1[1; EI'NIRCHIENTAL - P.2 ""~~\J'; . .". t:;_ ~ .~ .~~ ~ ~ ~-- .... æ !i .... ~~~~~~ au ,.:~...io ~ ¡ It 'I f:f "": - . :Cfl:" '"" . ItJ ...~ rt"': III... ' , ·c w .. . c ~~ ~~~ .~~ p O¡. s '" ~ 1:¡ r.u en .. .J 8 ~~~ ~~ ~~ C + " . .. ID§ , .. .. , ..I ~ ' - .. ~ ~. ~ " ~ &II - Q WUESTE ROAD GRADING IMPROVEMENT t ~ FILL SLOPE CREA TlNG IMPACTS TO COASTAL SAGE SCRUB ~ ~ ~"f ~ ~--- . ). ~~~ >~ h~~ ,.~",-"'r..; .~~.~~ . ,~~ . .. -..... ". . . ., -. . .. .-.... FIGURE 3 ." -- ....:..- .... .---....,- .~.- ._._-~.._._------,_.._._.. --~_.~--~--~._-+ . . _..._ ._..___.____.__._. __,~u___~_____ _ _.___ - ,~. . ~ '.' ~" '''. -, _...............,-_....~~ '-"'~'-" .= "C'2 ~ ~.Þ 311nSl:l · c::I Z . .~ ~ .:z: Iii :D8 m> ~(/) . o;:~ m,... ;:(/)¡jj ::!~::! ~mi!i >(/) :Do m:D >c m 0 i 'a ñ ~ .. 3" ~ ~ :I 1i I i D 1: ca . &' 2 17 :r:: . æ (Q .. - Õ :I Þ - i (/» 00 :Do c- m::! 'V :DO ~~,... ~~ m"" >~~ GJO 0(J) ~g ~m~ ëO~ ....(/) -.... m~ 0> ~cO z"" zm." )o(/) GJ~ :D> ~ mGJ m )om /7-/~ . -...-..-'...-. ~ .....---,~_._. -----,-_..,~----_._..,_._. .... -~.- -.-"'... ._-_..._-_._--_.~---,-_.,_...._- --~._-~. J,U"".--il. J,1.i;"'O UoJu,,¡ ,,"'... ",V.l.t:I I.,:) C",:) L\..,.V ,:)\\'..,:) I4tJ VV.I. . ATTACHMENT 5 U l1ited States Department of the Interior FISH ANl) WH.m.IFE SE"V1CE ~1 N~. II m A\'¡;IIIoI~ rod¡;,d, o~:-. '7:'~2-41 ð 1 tAX NOl1FICATION IN .'flIY "".lM TO. October 2~, 1994 o.r. ~ - nautled. Mr. Robert A. Leiter Poc,,_ TIme , /) <¡ y Director of Plannin¡ Nter $pm r J Other: 276 Fourth Avenue P..... ""'C'< ''t!. . bcf. ' ,.' p,,,~. ,~ ',' 1:1 ty Df Chub Vista 'Alit'"." ,_, I r.+,,,,, Chub Vhta, California 91910 --" . '--. nur Mr. Leiter.: This bn"r i.~ to clarify the position of the Fish and Wlldl1fe Servicc (Service) on the ~~ncho del Rey project as it pertains tD cumvli~nce with the NCCP and the Service's Section 4(d) R~le, I have ðiSCU$sed thiM w~tter with MS. Carol Whitesiòe of Gnvernor Wilson's office and Mr. Ron Rimple uf tl\e 1.:..11 fornia Department of n~h and Game (CDFG). I have also reviewed LI"dr letter to tha County of San D~ego on this pruject dated October 18, 1994. In it's letter, CD~'G fnund that P.ancho del Rey compJied wiLli both the biological and procedural ~idelines establisheò in the NCCP and the 4(d) rule for planning on c larg"r, Ruboragional baiis racher th..n the project by project approach u~od prior tn p~seage of the law and f"der.~l rule. As a result of the Stetc's clarifin~tion that it viewed Ranchn del Ray as aI, exception to the juri~dictional Rllocation q~eicion, and my diRcussions with M~. Whiteside, pleesc cOn$ider the Sarvice's comments of Septemher '2 rescinded and that thc Service concurs in the finding of the State t:h~t Ranchu dcl Rey is in compliance with both the biolo~{cel and procedural aspects nf the NCCP end the 4(d) Rule. We continue to suppnrt the Stat~ in its adwinistration of the NCCP Act based on lBrger, suboT.A~ional scopes to bett"r address ~b.. ecosy~tem needs of the myriad of spec1e~ and h..b!.tats contained in these planning areas. I hope this clarifies uur posicion and look forward to continucd cooperation by all concerned to put plans in place for tha long term dcvclopment ot the City of Chula Vista, San Diego County, and the State of California while providing quality natural resource are4~ and healthy ecosystems. :;¿iJLß . Dale lIall Assistant Re~ional Director-ES cc: County of San Diego Carol Whiteside 1.arry Eng 'USFWS, Carbbad 17-// _~__.~"_.,__..,._______ . _~_._._.___.~~___._.._ ____ 0·_____--,·-.----.,--.... ...._n_"_ __.__ ._~..__.._____._...."."_....,_...___.__...._.___ __.___ NOTICE OF PROPOSAL TO ISSUE A 4(d) COASTAL SAGE SCRUB (CSS) LOSS PERMIT IN ACCORDANCE WITH THE ENDANGERED SPECIES ACT FOR THE WIDENING OF WUESTE ROAD AT THE OLYMPIC TRAINING CENTER CASE NO: 95-04 NOTICE IS HEREBY GIVEN OF THE CITY OF CHULA VISTA'S INTENT TO ISSUE A 4(d) COASTAL SAGE SCRUB LOSS PERMIT IN ACCORDANCE WITH THE ENDANGERED SPECIES ACT. NOTICE IS FURTHER GIVEN OF THE AVAILABILITY OF THE DRAFT FINDINGS SUPPORTING ISSUANCE OF THE PERMIT IN ACCORDANCE WITH SECTION 17.30.053(D) OF THE CITY OF CHULA VISTA MUNICIPAL CODE. Introduction The Olympic Training Center's Sectional Planning Area (SPA) Plan requires the widening of Wueste Road near the entrances to both its main campus and boathouse site to construct left turn pockets. These improvements are required to meet public safety standards. The Olympic Training Center has been approved and is currently under construction. Biological mitigation for coastal sage scrub and wetland impacts at the boathouse site has already been implemented and is in its five year monitoring period. Existing Conditions and Proposed Impacts Figures 1 and 2 show the location of the Olympic Training Center and Boathouse sites. Figure 2 also shows the location of the proposed mitigation area. Ogden Environmental and Energy Services Company (Ogden) biologists conducted a field survey of the proposed Wueste Road widening area using engineering drawings provided by the project's engineer, Rick Engineering Company. Ogden determined habitat type and quality, as well as the potential impact to habitat of Polioptila californica (California gnatcatcher), listed as a federally threatened species under provisions of the Endangered Species Act. The western side of Wueste Road is where the main campus of the Olympic Training Center is located. The area is developed, and the proposed road widening will not impact any native habitat on the western side of the road. All potential impacts associated with the proposed road widening to coastal sage scrub vegetation and the California gnatcatcher occur on the eastern side of Wueste Road. Ogden field biologists have observed five California gnatcatcher territories in the general vicinity of the proposed road widening, between Wueste Road and Lower Otay Reservoir. Because of the geographic constraints and the relatively low traffic volumes on Wueste Road, California gnatcatcher territories include vegetation along the edge of the road. California gnatcatchers /7~/.2.. --~ - _.,.._~_.. -, ---.. 0'_ _~"_~'.~_~_._______....__._.._ _n_ __ __ _____umm__'_'__..._ _,____..__n_._______.,_ ....-...-. ----.....---"--.-..-.....,,...,.-- appear to make use of all upland vegetation communities present in the area, not just coastal sage scrub. The proposed widening of Wueste Road would directly impact 0.20 acre of Diegan coastal sage scrub (see Figure 3). At a 2: 1 ratio, a total of 0.40 acre of mitigation acreage would be required to compensate for the 0.20 acre of impact. Of the 0.20 acre of occupied habitat that would be impacted, 0.08 acre could be revegetated in place on the fill slope that will be left along the edge of Wueste Road. This 0.08 acre impact would be considered temporary. The remaining 0.32 acre would have to be mitigated in the general vicinity of the proposed impact. Proposed Mitigation The goal of the mitigation program is to provide coastal sage scrub habitat suitable for California gnatcatcher. It is proposed that this goal be accomplished by revegetating 3.45 acres of land which had been previously farmed and graded, and are currently being revegetated in conjunction with a previously approved mitigation program (see Figure 4). The specific acreage being counted as mitigation for this permit is in excess of that which was required under the previously approved mitigation program. The proposed mitigation acreage is located in the vicinity of the proposed impacts. By providing Diegan coastal sage scrub acreage adjacent to existing California gnatcatcher territories, it is more likely that California gnatcatchers will utilize the acreage once it is established. This makes it ¡nore likely that California gnatcatchers will utilize the mitigation acreage once it is established. Ogden proposes that the mitigation for the proposed Wueste Road impacts utilize the same plant palette, monitoring program, and success criteria described in the approved Revegetation/Mitigation Plan for the Olympic Training Center Boathouse, Lower Otay Lake, Chula Vista, California (approved plan) dated January 1992. This program has been implemented and is yielding positive results as it nears the end of its first year after installation. The mitigation program for Wueste Road will be incorporated into the overall coastal sage scrub mitigation program for the Olympic Training Center Boathouse project. An additional 3.45 acres of coastal sage scrub creation located at the Olympic Training Center, not a part of the original mitigation, will be incorporated into the existing program and monitoring schedule for the Boathouse. The temporary impact area revegetated along Wueste Road will also be incorporated into the overall mitigation monitoring program. A copy of the approved Revegetation/Mitigation Plan for the Olympic Training Center Boathouse, Lower Otay Lake, Chula Vista, California dated January 1992, is attached. The 0.08 acre of temporary impact along Wueste Road will be seeded with the seed mix specified in Table 2 of the approved plan, minus the container plants and irrigation system used elsewhere. This area will also be monitored and maintained as necessary to insure its successful reestablishment to coastal sage scrub species. Including the temporary impact acreage, a total of 0.40 acres of coastal sage scrub creation will be maintained and monitored for the proposed impacts to Wueste Road. The total coastal sage scrub revegetation acreage being monitored at the Olympic Training Center will increase from 3.5 acres to 7.13 acres (7.05 at the Olympic Training Center and 0.08 acre along Wueste Road). } /~ J:J .-.-..-...----.-.-.-.-- .- -_._._,._._------~-~-~-- -.- FINDINGS PER SECTION 17.30.054(D) OF THE CITY OF CHULA VISTAMUNlClPAL CODE Findings: 1. The habitat loss, as proposed for issuance under the 4( d) Loss Permit, is consistent with the "interim loss criteria" in the November, 1993 State Natural Community Conservation Program (NCCP) Conservation Guidelines (as specified in items a. through d. below) and, if a subregional interim take process is established in a form approved by the City of Chula Vista at the time of the issuance of the Loss Permit, as modified if necessary , consislent with such approved subregional interim loss process. a. The habitat loss, under the Loss Permit as proposed by the Director for issuance, . will not on the date of issuance, when considered cumulatively with all other loss of CSS occurring since March 21, 1993, exceed 5% by acreage of the then existing CSS within the region. The regional CSS loss acreages are as follows: San Diego Region initial allowable CSS loss 11,371.9 ac. Cumulative CSS loss since March 21, 1993 58.3 ac. Remaining allowable CSS loss 11,313.6 ac. Loss allowed by this permit .2 ac. Excluded acreage 256.0 ac. Remaining allowable regional CSS loss 11,057.4 ac. The NCCP' Conservation Guidelines have indicated that a 5 % loss of CSS is acceptable during the preparation of a NCCP or its equivalent (Le. MSCP Plan). The proposed habitat loss does not cumulatively exceed the 5% guidelines. The loss of .20 acre of CSS combined with current losses of sage scrub within the San Diego Region does not exceed 5 % of the existing sage scrub habitat. b. The proposed project is located south of Otay Lakes Road, north of the lower Otay Park, east of the proposed Olympic Training Center and west of the Lower Otay Reservoir. Of the .20 acre of occupied habitat that would be impacted, 0.08 could be revegetated in place on the fill slope that will be left along the edge of Wueste Road. This 0.08 acre impact would be considered temporary. The remaining 0.32 would have to be mitigated in the general vicinity of the proposed impact. The project development area is not dense DCSS. c. The habitat loss will not preclude or prevent the preparation of the subregional NCCP. The area in question is shown as a development area on the City of San Diego's Draft Multiple Species Conservation Program Map. The habitat loss will not preclude or prevent the preparation of the subregional NCCP. /7-1"1 - -----..- "'.-..,.".--.-.----.--.,.. ....---".-.._---~--_. d. The habitat loss, under the Loss Permit as proposed by the Director for issuance, has been minimized and mitigated in accordance with Section 4.3 ("Interim Mitigation ") of the "Southern California Coastal Sage Scrub Natural Communities Conservation Planning Process Guidelines," dated 11/5/93, and thereafter, to the maximum extent practicable. The goal of the mitigation program is to provide coastal sage scrub habitat suitable for the California gnatcatcher. Mitigation acreage has been located in the vicinity of the proposed impacts, providing compensating Diegan coastal sage scrub creation acreage adjacent to existing California gnatcatcher territories. This makes it more likely that California gnatcatchers will utilize the mitigation acreage once it is established. Ogden proposes that the mitigation for the Wueste Road impacts utilize the same plant palette, monitoring program and success criteria described in the approved Revegetation/Mitigation Plan for the OlvmDic Training Center Boathouse. Lower Otav Lake. Chula Vista. California (approved Plan) dated January 1992. This program has been implemented and is yielding positive results as it nears the end of its first year after installatibn. The mitigation program for Wueste Road will be incorporated into the overall coastal sage scrub mitigation program for the Olympic Training Center Boathouse project. An additional 3.45 acres of coastal sage scrub creation located at the Olympic Training Center, not a part of the original mitigation, will be incorporated into the existing program and monitoring schedule for the Boathouse. The temporary impact area revegetated along Wueste Road will also be incorporated into the overall mitigation monitoring program. The 0.08 acre of temporary impact along Wueste Road will be seeded with the seed mix specified in Table 2 of the approved plan, minus the container plants and irrigation system used elsewhere. This area will also be monitored and maintained as necessary to insure its successful reestablishment to coastal sage scrub species. Including the temporary impact acreage, a total of 0.40 acres of coastal sage scrub creation will be maintained and monitored for the proposed impacts to Wueste Road. The total coastal sage scrub revegetation acreage being monitored at the Olympic Training Center will increase to 7.13 acres (7.05 at the Olympic Training Center and 0.08 acre along Wueste Road). 2. The habitat loss will not appreciably reduce the likelihood of the survival and recovery of the Coastal California Gnatcatcher. The goal of the mitigation program is to provide coastal sage scrub habitat suitable for the California gnatcatcher. Mitigation acreage has been located in the vicinity of the proposed impacts, providing compensating Diegan coastal sage scrub creation acreage adjacent to existing California gnatcatcher territories. This makes it more likely that California gnatcatchers will utilize the mitigation acreage once it is established. The adjacency of the mitigation site to the project site increases the likelihood of the long-term success of regional open space planning efforts. Due to these reasons the proposed habitat loss would not /7- I.> . J, ) .. ~.._- "----'. .~...-'---..-.--------.'-_._-.- -- appreciable reduce the survival or recovery of any listed species, including the gnatcatcher. 3. The habilat loss is incidenlal to otherwise lawful activities. The project has already completed CEQA review and will meet all local, State and Federal requirements. 4. Proposed mitigation is consistent with NCCP process guideline requirements. The NCCP Process Guidelines identify several options for mitigating impacts to CSS. These options include acquisition of habitat, dedication of land, management agreements, restoration, etc. The dedication and long-tenn preservation of 2.7 acres on-site through a mitigation monitoring program is consistent with the NCCP Process Guidelines. In accordance with the provisions of Section 17.30.054 (F) of the City ofChula Visla Municipal Code, the USFWS in consultation with the CDFG, are requested to review the Draft 4 (d) Loss Permit Findings for consistency with the NCCP Conservation Guidelines and submit comments to the City of Chula Visla Director of Planning within thirty days of the date of this notice. Further, in accordance with Section 17 .30.054 (F) of the City of Chula Vista Municipal Code, the San Diego Association of Governments (SANDAG) is requested to verify that the proposed 4(d) Loss Permit does not exceed the maximum permitted habitat loss for the subregion and notify the Director of Planning for the City of Chula Vista, within fifteen days of the date of the notice of that verification. Comments and/or regarding the Draft 4(d) Loss Permit for the Olympic Training Center should be directed to Douglas D. Reid, Envirorunental Review Coordinator at (619) 691-5101 or to Planning Department, City of Chula ViSla, P.O. Box 1087, Chula Vista CA 91912. ! ¿/A¡¡;~ Robert A. Leiter Director of Planning cc: City of Chula Visla Mayor and Councilmembers U.S. Fish & Wildlife Service California Department of Fish & Game SANDAG San Diego County Department of Planning and Land Use /7-//1' - ---_..._._-_._.~--_...__.,._--,-- ... ... --~--_._-------_.._--- 11iE CITY OF CHULA VISTA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contrihulions, on all mailers which will require discretionary action on the part or the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: I. Ust the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. San Diego National Sports Training Foundation United States Olympic Committee 2. If any person" identified pursuant to (I) above is a corporation or partnership,list the names of all individuals owning more than 10% of the sharcs in the corporation or owning any partnership interest in the partnership. 3. If any person" identified pursuant to (1) above is non.profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or benellciary or trustor of the trust. See attached list 4. Have you had more than 5250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees, and Council within the past twelvc months? Yes_ N02 If yes, please indicate person(s): S. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. Laurie J. McKinley McKinley Nielsen Associates, Inc. 6. Have you and/or your officers or agents, in Ihe aggreiate, contributed more than $1,000 to a Councllmember in the current or preceding election period? Yes_ No_ If yes, state whieh Councilmember(s): · · · (NOTE: AtIKll additioD81 paIlS . ...... Date: October 17, 1994 17'17 . fm!!!!;, *find M; "A'I)I Íluliv_~ fin'" cOop<Uf1IØJhip. joiN _, aøDCimiot~ _W cllJJ, fr_",t CJtBØIUwiOll, COIJ'O'IIØOII, -. _ rærIw:r,l)'/tdiuI<. 1ItiI...,¡ .." _ """"Y, ciIy tlIId C""''''Y, city ",",ucip<llìl)l, _c~ ., othø poIiticøJ II<bdi.ViDt~ ., "1)1 _ ~ ., eombWuiort IICIÍIIC .. . III/Ù. " l!eing bvilt by the SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION 1650 Hotel Circle Nann, Suite 125 San Di~o, CA 92108 619/29 ·8802 FAX 619/291.5395 Off'Ke" and ExoculÌwe Committee Glor;o D. Mt.CoII. PIO,¡den, C. I..ry Brown. VICe Presid"", Malin 8umhc.m, Vice Pres.dent Robert J Wol'in,. Secr.tory Ron l. Fowler, Tt'ØQWfor Nei' f. o.".""'gh Brian G. DyIOO D. Juy Flood Pele, J Hall Chor!io JQC~"on Ho,bert G. Klein Ou.-;d B. Kuhn, Jr. Bill Toomey Tru,loos John C. Argue Willlom Campbell Jock w. Ou.;. Stephun J. Gjov(Jl1i~c; Sea" A Jone. Mo,' A. leDoux Douglo~ F, Mar,che~'E!r Harvel ,^'. Schine-f, rhO .xott Tinley Notionol 600rd N.cholm B. ß¡nk)~r Lodwnd M Cook Dr;mief J. fro~tcjt~ Afln~ l. t."on~ C)cruu1 F, Holt rh"',a..n C. Krav,) Mü ()gnrcf D. "Ron" Lone SoJ L1erLrcm, LX) Edwin h\o~os Norm Pr~~slcy CtlrJ E RelcoUldt Harold B. !>odlcr C>Onald f 5ommi. 1. s"CKL'Y S"liivan, hog Jome~ H. West Hemy S. Wj¡am~. MD Wolter J. lobi. y"'..... (moriN. Ern..1 W. Hahn (1919· 1992) bocuti.... SlDff Oo'-;d M. Ann.h·ang, f~ti~ V;co i+(tJjd,,'nf . Juooph A. Schneider, VI<. Pro,..., finorw:. & Aámin;$lraliOll J 7~ / Y' _·___"__m. ~.._ ____.'._,__,'__,'_. ----_._-- . ~_..__. -'-----,,_... ____ .'_.H ."__ -.-'.-.- - -~ ...~- -,----- - ~1Bu.v.IIJ)1í: JiJJ).IiJt'\.t:Wc)lU;~ " (A, '1 I J/I9/9.? V,nil/g /l/m/bcl';: lU()) NAME HOMETOWN Af"f"ILI^TION Therese Abi.I.ir Hales Cumcn, \Vis. AthlelC:s' Advisory Cow1cil Dr. Alpha ^Iexander New York. N.Y. YWCA of the USA GAry Anderfòon Co)oJ'adn Spl'ings, Colo. N~njum,l Rii1e ^s.~ùda(1(1n Si.\ndra llaldwin Phucnìx) Ari:¿. USOC Treasurer Dwight Bcoll ArlantD, Ga. U.S. LUKC ^no~jhlion Warren lIrown Colorodo Sprjl1JliS, Colo. USA Ba.ketball nr. ¡'eler ßuehning lliII~ide. N.). U.S. Team Handball Feder:ui"n EdwDrd Burke Jr. 1.(')5 Gaws, Cali£; National Exploring r>ivisiol1, Boy Scouts of Aml'riÇ<, Walter L..lIu$h Jr. Minneapolis, Minn. USA Jockey Howard IImnon Richuwnd, Vt. U.s. ßialhlon Associadon John crock) Byrne Sun City Cenlc... Fla. U.S. Spccdskating Kcith Calkin:i MÎI;sion Viejo, Calif. Am\.~rican Amateur H,acquethal Association Chris Campbell I'a)'cuevilk, K \'. ^lhkLes' Advisory Council l.~'nn Cannon Orol'ille, Calif. OSA T..ack & Field Richard Ca.. Tremon. N.J, USA Boseball Gal)' Cm.tro Oklahoma Cit)" Okla. U.S. Amatèur Co)f~d=ntio1 of Roller SkDting Steve Champlin \'(/ayzAta, Minn. U.S. Tennil\ A!'ì!'ìodarion Dr. lamc:. R. Chastl.~l"n TulsD, Okla. Nilti4:.mal A~5lH:i:(\Îl.ln \11' )TlIC:T"{llI~l.¡9;lt AlhleTi.:F. lIwtl Chong Detroit, tvl,jch. lJ.s, T_èkwondo UnÎon Jane Clark New Ym'k, N.Y. American HOht: Sh\,.I\\·s i\~:>OI,,:i¡Hi(ln DUUi;htS G. Con.1~Jm:tl1 Chcu\:rtkld) ~iu, U.S, Nalir\IJI1! Senior SpClI'1 OJg;¡'111zar;on PbilCors Akx'1ndnét) Va, Annt'd F(\'ç¢!- Anita DcFJ'antz 1..(1~ :\ngdes, C..tlif, Inre.rn:l.tinn...l OlympIc Cummltl....-(' Member Briim Dcrwin Fhu·)s\'ille. "iinn, U,S. \'X'cighIJifting FrtkratÎi.,m Ih.\bby Dúdd r,,\cmphi'i, Tenn. AmitH:lIr All¡]l·li\.' lilliUJi Chri~ Dorst Mcnkl P~uk~ C:llif. Atl¡J('l(':,' A,1....i~(¡f"\' Cfluncì: Jerry DuscnbcrJ) I'lIrllitnd, Or!;. USA R()(1tl¡~ 1\1:trìi.tn '''''ri~tu EddII¡~n \X:¡1\hing.ron, D.C Pubhc Sector Larry EJii:> S~llmanJ l'J.] us..\ Tr.hk ~\: h,l~i Jon Fì!'ìh h~w Yi..Jrk, 1'-:.\'. ,'\lb¡t"I¡;~' :\dvj~~)I)' CI)UIKi¡ Ll. CuI. L:.1rrr Fl\.1wn~ Fall" CbUI'ch, Va, Armed Farecb CharJes Foster Duxb¡'lry, ^b~s. L'SDC Sn:n'IM> Richólrd Fostcr hvjne) C,ilif. U.S \V.íHer Pcdo Ann Frt~nch La J011aJ C~tlif. ,\thh.:tt")' Adv~i..'f)· C"IUlì1,.¡1 Marlin French J\\anhalti.mlll.,itch. C,t1if. l~,$. n;:¡dllììm~)) A"......:.:::iL:[jon James E. Fuchlt Nt'w YOlk, >";,Y. PUhlic- Scc(or l'runk Fullenon RI Po,o, Te... U.S. Judo Mttrk Fuit~o Arlington) l\1.ass. J\.lhklC!I' :\\.1-vj':)ory Coundl Paul Cìtol'U:~ \VcllctlOk'YJ Mai~. U .S. l'ï~urc Skit Ling A~s,ociatirn Thomas Gompf Forl L.1uderdalc, l'la. U.S. pj\'ing, Inc. Daw Gryll. Roche"e!', Mich. U.S. Cycling Federation Dr. Ralph Hale Wa,hington, D.C. USOC VÍl'c President Eric Hau¡ht Crüwnhvillt, Md, U.S. Canoe and Kayak Tc;tm Roben H. HoImick De. M,)ine" 1.)wa USOC Pa" P"«ident W.lham J. Hybl Colorodo Springs, C"lo. USOC lmml'diale lIo>t I'r<>i.knl Tom Jerns1edf OV""rlitm1I'Mk) Kan. NÐtifmal CollegiÐtt Athletic At.iociation Pet. JOfòt'¡'\h J\1hnson Norah Palm Reach, Fla, Police Athletic Lcagul' 17"/ ~ ¡ Pt:ggy jorulston Oakland, CI\lif. AfhlcIef.' Ad\'i!wI1' Coum:11 Nam;y J(lhn5lOne jaçk:1oon, WyC). Athkt<..~· Al1vl!',)TY Cmm.:il Richard Jones C:~)lumbubJ Ohio YMCA orlhe USA Jim R.Joy Q",mlÌco, Va. Arm.cd Forcc~ ~obcrl Kan.by Kansas Cit~\', Mo. Nalion¡dl,'edC'Titliün of SíHtl: High SLhùo~ ASS{1.;;¡aÜon, Joe Kr.81'I1CY ] jttlcron, Colo. Nttlional C(J1I~giste Athktk Assl,)cÜmon Teny ){cnt I.ake Pladd, N.Y. Athlele,' Advisory Council George Killian Colorado Springs, C"lv. Narional Junior Col1cgl" AlhÌl'lÎC ,A,,$~ociati,)n Sandy Knapp Austin) Texas U.S. GymnaslÜ;s Ft'deratiof} Gerald Koenig Greendale, Wi.. US!\. 13ow¡i,,~ Andrew Ko.tanecki Doricn. Conn. U.S. Sailing Michaelll. l.enard Los Angeles, Calif. lJSOC Vice Prcsidcnt Many Mnnknm)'cr Colorado Springs. Co)o. U.S. So(,·(.-e:r Fc,1c..'Ti.ition Connic Míln Relvldcre, 1I1. Affiliated SpO!,,. Organizations Robert Marbut San Antonio, Tcxas U.S. Modc1'11 Pcntaililon Jit'Bnk MarfOhol1 Bollywovd, Calif. Publit:. Sector Bill Max.on Ballwin, Mo. U.S. SwimminG Terry McCann Mi.sion Ykjo, Calif. US^ Wrcstling Jimmy McClure IndialJap<,IiG, Ind. USA Table Tennis Mary Meaghcr I..ouisvillc, Ky. Alhleles' Advisory Council CharI.. H. Mo",. Jr. Cormel, Ind. PubHc Secror jame. S. Morris Greenwich, Cmm. U.S. Rob,led and Skelewn FcdLTauon Dr. Carole Ogle.hy Philadeiphia, r.. Amencan Alliance for HC:ìlth. Physil:al Educotion Recreation Dnd Dance Tom OGhornc Billing', Mont. Nation;.!1 Congn"::¡s of Slhlt: Game!.' Ju~cph Pan(.~pinto New York, N.Y. Cfl1hoJ,c Yo¡;rh nl'~anl1.ílIi"')I! Wilhur Pod.. IOllisJht¡.'oIÜ..lnd, U.S. VolJcybí\ll A~~Ol"-i¡\li\.~ll Pave Peterson Sr. Basking RIdge, N.J. Statc OlympIc Organi,..fI,!iulI'; Don Porter Oklahoma City, Okla. /\WBteUr F\üfThall ASJ\OClaUDJ"J Kotby Rex Coluradu Springs, Col(J. Athktl'::" t\d\'bol)' Clmmi¡ TIm H.ichard~on New York, N.Y, ill'}'S ;ud Girl::. C¡i)b~ ,OA An\~].(;J J John Rugcr BoutctC'r, Colo. Alhletf'~' Advi~01'Y Council i ~eorgc Sl~lHtefel' \Xia!lohinKLOO, D.C, Anncd Forces , l..cwi. Siegel Sew Y~rk, NY. L:.~, pl:fttir.i l\~~·;¡,;i¡-¡\i\li¡ I William E. Simon MOl'rislOWnJ N.). USOC f'áSt T're:,iliem Co key Smith . Gregory, MIch. Athe~ö' Ad\'i~oJ1' Council I Robert C.W. SlIlilh Bcthlehem, Ptt. ~i>{I(ln~~1 Ar.:hcl)' :\~~O.:'¡J.\,")n I Bill Stapl"ton Austin, Texi~ Athlct('!.· J\d\'l:>Ory Cüun..::i¡ Gt.~orgt 1\1. Srcinhrcnn~r Tampa, Fla./Nrw York, N,Y. USOC Viu: l'rc)¡dt'm I Sharon T:tylur Lock Havcn, P.t. C.S, hdd Hockey As~."<:\:¡:I''\'¡ I Perry Tole. Ruswell, N.M. ¡\th1ctc~' AJ....i::iof)· Cl1Ur.U¡ I I Ernie Vande Zandc Vancouver. Wafloh. Athlelcs' AdvÎ!\ory Cou,n.:iJ , Dr. L<,Roy '1'. Walker Durham, N.C. \JSOC Prt¡;ídent I I Bonn)' \Val'ner l3ywn, Calif. Athll'[C" Advisoo' C(n¡ncll 'Ibomas K. Welch Sah J.ak. City, Utah Public Sect"'· l'et.r Westbrook NewYork,N.Y. .'\thlt.tes· Advisory Cnuncil ¡ Nancy Wighm>a" PClcnbur¡¡, N.Y. O.S. S)'nchronizcd Swimmìnt i l..coWhitc NC:\o\'þon New". Va. ^thktc~" Ad"'ÎsoryColJltcil \\'hitina: Willaucr WM"hingmn. D.C. U.S. Skiing (Alexander) Sandy William. Philadelphia, P.. Athlete.' Adv",o!')' Council Chri"oph.r "Tift" Wood lJdmond6, Wa6h. U.S. Rowing Association Duncan Wyeth l.anf;ins. Mich. Disabled Sporls Or8Qni;Mtlion~ Hon. Andrew Young Atlnnta, Ga. J'uhlir Sector , /7" ,;¡.tl ...-- -~---~--~~_.~--~~._--~_. COUNCIL AGENDA STATEMENT Item IF( Meeting Date 12/20/94 ITEM TrTLE: Public Hearing: To Consider Abatement of the Transient Occupancy Tax Rate from Ten Percent to a Rate Not Less Than Eight Percent during Calendar Year 1995 Resolution No. 1???3 Approving Abatement of the Transient Occupancy Tax Rate to Eight Percent for the Period of January 1, 1995 through March 31, 1995 SUBMrTTED BY: Director of F~ance ~~ REVrEWED BY: City Manager '"J~ 7 "I' (4/5THS Vote: Yes_No-1L) At its meeting of October 25, 1990, the city council adopted Ordinance ~ 2407 which established a maximum Transient Occupancy Tax (TOT) rate of ten percent, and provided for annual abatement hearings at which time the maximum tax could be lowered, to not less than the current rate of eight percent. Since setting the rate at ten percent in October 1990, the city Council has held public hearings and abated the tax to eight percent for calendar years 1991, 1992, 1993 and 1994; the same rate it has been at since 1978. At the Council meeting on November 22, 1994, a report was presented discussing the scheduled TOT Rate increase to ten percent for calendar year 1995 (copy attached) . In that report, staff requested and received Council direction to meet with the Chamber of Commerce, the Hotel/Motel Association and interested motel owners to discuss various options for abating/increasing the TOT rates for Calendar Year 1995, and to schedule the related public hearing for December 20, 1994. After the public hearing is conducted Council may abate the ten percent tax to eight percent for the entire year, take no action and allow the TOT rate to increase to ten percent on January 1, 1995, or abate the TOT rate to any level between eight percent and ten percent for all or a portion of calendar year 1995. Preliminary discussions with the Chamber of Commerce and representatives of the Hotel/Motel Association have resulted in their request to abate any increase for at least ninety days, or until April 1, 1995, in order to allow further dialogue. RECOMMENDATION: That Council: 1. Conduct the public hearing and adopt the resolution abating the TOT rate increase to eight percent for the period January 1, 1995 through March 31, 1995. 2. Direct staff to continue discussions with the Chamber of Commerce, the Hotel/Motel Association and interested motel owners regarding various options for abating/increasing the TOT rates for the period April 1, 1995 through December 31, 1995. /~,/ . ....-.-.--....-...---"-.. -- - ~~.__.- - -~_.~---_...- ....-- "--- Page 2, Item J~ Meeting Date 12/20/94 3. Direct staff to schedule a second public hearing prior to April 1, 1995 at which time council will hear public testimony, and set the TOT rate for the period April 1, 1995 through December 31, 1995 at a rate of not less than eight percent nor more than ten percent. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: TOT is a tax that provides support for city services from non- residents of Chula vista. The tax is a percentage applied to the rates charged to guests at City motels, campsites and recreational vehicle parks when their length of stay is less than thirty-one consecutive days. TOT revenues have been flat and over the years, TOT revenue support of public services has eroded. In FY 1989-90 TOT revenues supported 2.9% of general City services. By last year, FY 1993-94, TOT revenues supported only 1.8% of general services. All three cities which are located nearby, with motels offering similar rate structures to those in Chula vista, namely Imperial Beach, National City and San Diego, have raised their rates to 10% or more in the past four years. Table I shows TOT rates for neighboring cities and other cities with populations over 50,000 throughout San Diego County. TABLE I I CURRENT TOT RATES I SELECTED CITIES I CITY IRATE I Chula vista - current 8% Chula vista - proposed 10% Carlsbad 10% Coronado 7% EI Cajon 10% Encinitas 8% Escondido 10% Imperial Beach 10% La Mesa 10% National City 10% Oceanside 10% San Diego 10 1/2% San Diego county 9% Santee 6% . vista 10% JY"'~ ....-- - ~._..__.+ ---"--...--. ----~.-..,---~-~--"._------_.__...-. ..,.---.....-..,.--.---..-.--.-.--.-..---.-- -...---..-- Page 3, Item / r Meeting Date 12/20/94 A review of the impact rate increases have had in other cities based on discussions with their staff and review of revenue data, has resulted in no evidence to support a correlation between increases in TOT rates and decreases in motel occupancy rates. Since receiving Council direction to discuss these issues with the Chamber of Commerce, the Hotel/Motel Association, and interested Motel owners, staff has had several such conversations, but has yet to arrive at a consensus. The Chamber is suggesting and staff concurs that the TOT rate should be temporarily abated to eight percent in order to provide additional time for all involved to more carefully study the issue and the impacts on the community. If the staff recommendation is adopted, a public hearing will be scheduled during the first quarter of calendar year 1995 to take public testimony and set the TOT rate for the last three quarters of the year. FISCAL IMPACT: TOT revenues are estimated at $1.2 million in the current budget. Each 1/2% increase in the TOT rate would generate approximately $37,500 in additional revenue this fiscal year, and $75,000 in additional general fund revenue in subsequent fiscal years. If the TOT rate were to increase to ten percent on January 1, 1995, and remain unchanged, an additional $150,000 in revenue could be expected this fiscal year, and an additional $300,000 in revenue could be expected in future fiscal years. If the TOT rate were to increase to ten percent on April 1, 1995, and remain unchanged, an additional $75,000 in revenue could be expected this fiscal year, and an additional $300,000 in revenue could be expected in future years. ¡gr;;J / / &'-~ -- -"-'--'~ ..- - ~.__.- . "'"--.-. ....-.-..--...- - - ---~----_.__.._..._.__..._-,_..- "'---"----'---'-- --.---. ------.--.,-.----...-------..--- RESOLUTION NO. /7773 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ABATEMENT OF THE TRANSIENT OCCUPANCY TAX TO EIGHT PERCENT FOR THE PERIOD OF JANUARY 1, 1995 THROUGH MARCH 31, 1995 WHEREAS, at its meeting of October 25, 1990, the City Council adopted Ordinance No. 2407, option 1, amending the Municipal Code regarding Transient Occupancy Tax (TOT) by establishing a maximum TOT rate of ten percent and providing for annual abatement hearings at which time the maximum tax could be lowered; and WHEREAS, in 1990, 1991, 1992 and 1993, the City Council held abatement hearings and set a TOT rate of eight percent for the subsequent calendar year, the same rate it has been since 1978; and WHEREAS, the City Council, at a public hearing held on December 20, 1994, to consider the reduction of the TOT rate from ten percent to eight percent and voted to maintain the TOT rate as eight percent for the first quarter of 1995. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve the abatement of the Transient Occupancy Tax to eight percent for the period of January 1, 1995 thrugh March 31, 1995. Presented by Robert Powell, Director of Finance c: \rs\8%TOT , /B'-.5' Ill? -/2f '_.m_______________________._..·__..___~___,__~__~__·~____..______,'.__.._,,,'_____ _._-----~._..--- · , COUNCIL AGENDA STATEMENT '1 Item Meeting Date 11/22/94 ITEM TITLE: Report: Discussion of Options for Abating the Transient Occupancy Tax Rate from Ten Percent to a Rate Not Less Than Eight Percent during Calendar Year 1995 SUBMITTED BY: Director of Financej~ REVIEWED BY: City Manager (4/5THS Vote: Yes___No-X-) At its meeting of October 25, 1990, the city council adopted Ordinance 2407 which established a maximum Transient Occupancy Tax (TOT) rate of ten percent, and provided for annual abatement hearings at which time the maximum tax could be lowered, to not less than the current rate of eight percent. since setting the rate at 10% in October 1990, the City Council has held public hearings and abated the tax to 8% for calendar years 1991, 1992, 1993 and 1994; the same rate it has been at since 1978. On December 20, 1994 there will be a public hearing to consider abating the TOT rate to a rate below 10 percent, but not less than the current rate of 8%. After the public hearing is conducted Council may ábate the 10% tax to 8% for the entire year, take no action and allow the TOT rate to increase to 10% on January 1, 1995, or abate the tax rate to any level between 8% and 10% for all or a portion of CY 1995. Staff has reviewed TOT revenues, TOT rates in neighboring cities and apparent impacts from rate increases in other cities. Staff would like to meet with the Chamber of Commerce, the Hotel/Motel Association and interested motel owners to get their input regarding various abatement options prior to developing a recommendation for abatement of TOT rates. Staff I s recommendation and input received from interested parties would be available to Council prior to the December 20, 1994 public hearing. A copy of this report was sent to the Executive Director of the Chula Vista Chamber of Commerce and the President of the local Hotel/Motel Association. RECOMMENDATION: That Council accept the report and instruct staff to meet with the Chamber of Commerce, the Hotel/Motel Association and interested motel owners to discuss various options for abating/increasing the TOT rates for Calendar Year 1995. Subsequent to these discussions, that a public hearing be scheduled and held on December 20, 1995 at which time Council will hear public testimony and set the TOT rate for 1995 at a rate of not less than 8% nor more than 10%. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Since adopting a TOT rate of 10% in October 1990, the Council has held the increase in abeyance, allowing the rate to remain at 8%; the same rate Chula Vista has maintained since 1978. The increases were abated /8'" ¿, _.~~". , Page 2, Item < Meeting Date 11/22/94 due to a slow economic recovery and a desire by the Council to keep TOT rates at the level of other local cities competing for tourist dollars.. TOT is a tax that provides support for City services from non- residents of Chu1a Vista. The tax is a percentage applied to the rates charged to guests at City motels, campsites and recreational vehicle parks when their length of stay is less than thirty-one consecutive days. TOT revenues have been flat and over the years, TOT revenue support of public services has eroded. In FY 1989-90 TOT revenues supported 2.9% of general City services. By last year, FY 1993-94, TOT revenues supported only 1.8% of general services. All three cities which are located nearby, with motels offering similar rate structures to those in Chula Vista, namely Imperial Beach, National City and San Diego, have raised their rates to 10% or more in the past four years. Table I shows TOT rates for neighboring cities and other cities with populations over 50,000 throughout San Diego County. TABLE I CURRENf TOT RATES SELECTED CITIES CITY. RATE Chu1a vista - current 8% Chula vista - proposed 10% Carlsbad 10% Coronado 7% E1 Cajon 10% Encinitas 8% Escondido 10% Imperial Beach 10% La Mesa 10% National City 10% Oceanside 10% San Diego 10 1/2% San Diego County 9% Santee 6% vista 10% A review of the impact rate increases have had in other cities based on discussions with their staff and review of revenue data, has resulted in no evidence to support a correlation between increases in TOT rates and decreases in motel occupancy rates. /8"" ? -"-~---------------- ~ Page 3, Item . Meeting Date 11/22/94 FISCAL IMPACT: TOT revenues are estimated at $1.2 million in the current budget. Each 1/2% increase in the TOT rate would generate approximately $37,500 in additional revenue this fiscal year, and $75,000 in additional general fund revenue in subsequent fiscal years. If the TOT rate were to increase to 10% on January 1, 1995, an additional $150,000 in revenue could be expected this fiscal year, and an additional $300,000 in revenue could be expected in future fiscal years. /1/''' g" -..--.. ---.-.-- - - -----. .-.-- ~-_.._-- -.--.-.....--.---- ~ PUBLiC HEARING CHECK LiST PUBLiC HEARJNG DATE: (~./:k,/9~ SUBJECT: r~. 4":'1 oJ-..--r ~ ~ I~...:.J óC..~ ~ . 1> LOCATION: SENT TO STAR NEWS FOR PUBLiCATION.. BY FAX ~BY HAND ; BY MAlL PUBLiCATION DATE ¡,:¡,Jw(q..¡; - - MAlLED NOTICES TO PROPERTY OWNERS -- NO. MAlLED PER GC §54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego. 92122 LOGGED IN AGENDA BOOK l:J.../ "l /I{'-J . I I COPIES TO: ~ , Administration (4) Planning / Originating Department Engineering / Others City Clerk's Office (2) / POST ON BULLETIN BOARDS SPECIAL INSTRUCTIONS: 7/93 ·55· /~-9 NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Considering abatement of the transient occupancy tax. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, December 20, 1994, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: December 7,1994 )'I{--/O ,-----.-.-..-..-..----.....-.-..--- -- . ._...------_.._----_._---~._.._.._._- .-..... ----.~- --_._._._._-----~--_.._-- ------ ~-" For December 20, 1994 Council Meeting PUBLIC HEARING TO CONSIDER ABATEMENT OF THE TRANSIENT OCCUPANCY TAX - In 1990 Council established a maximum Transient Occupancy Tax (TOT) of 10 percent and provided for annual abatement hearings at which time the maximum tax could be lowered to not less than 8 percent. In each subsequent year, Council has abated the TOT rate to 8 percent, the same rate it has been since 1978. The purpose of the annual abatement hearing is to consider abating the TOT rate to a rate below 10 percent. If Council takes no action the TOT rate would increase to 10 percent on January 1, 1995. Staff is recommending that Council take no action and allow the TOT rate to increase to 10 percent, effective January 1, 1995. (Director of Finance) / ?'- / / . ._..,_..._.._...____,_",___'.__.H .__~_"._..._., ._... .__.___..__m__ _.. ~~~ =~:-: ~~~.-...; ~~~ OlY OF CHULA VISTA OFFICE OF THE CITY CLERK TELEFAX COVER LETIER Telecopier No. (619) 585-5612 DATE: I.)!ì (Cd TO: Star News Le2al / Maricela FAX NO: (619) 426-6346 FROM: ~~ ~~. I. SUBJECf: (?LA-~ ~ V\,~ ') TOTAL NO. PAGES (including cover): Z- PUBUCATION DATE: Id- //0 / "l'1 ~ / / If all pages are not received, please call Lorna @ (619)691-504l. /8">/.2.. 276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910(619)691-50.11 ._...--, "-,,...-,.---., --,,-----,--.---- ---- - --~_._~-------_.,._--_.._-_.~,._---'--_._-- 12-08-1994 01:24PM FROM , ;......, ,,"' '.' TO " .. .' . 5855612 P.01 l ' ' . . 12-10 {C7 L./ \.... · . '0..':' Cffi¡ 0; C ¿/ #1 - · .' NOTICIõOF PUBUC ., HE~RINQ BY THE cHULA VISTA cí-/t¡ Cú /,,/(š Ojl I cL ( cr1'Y COUNCIL CHULA ~"1l"UFORNIA THAT HEREBY GIVEN , THE ÇHULA VISTA .æ,6- 6(p/'2.. ", CITY COUNCIL will hold . pu- ~..' =::-,"9 IIJ conaldo' 1he f0i- l! Conolclering __m 01 i;:, 1hltIr8t\Slllnt_1/Iq' ... ~ wish 10 èha":,!he ..' COUrt. IM:1IDn on Ihls In . r- Iel J:f ~ be tlmlllOd lei ra- ng . Y _lscuø~O' p~~f~ 8' rm"0I18 .1.. f1II8ed lit ~ . lie hMltng desaIbed In .. ~,OI' In written corrttSP!)II- ir': . dllflC8 dellWl8d IIJ 1he ÇJty jYClyia.. 'J1Cfrlœ!eU I :." . >. Clerk" ()11106 lit or prIOr 1D 1hiI .. . PubllC~& " .:-. .....~ Ie HEARING r .~~( · . . WfU. fIELD'S" TRE cn"""'" ,- -- q COUNCIL on Tu..cI~ . ¡/IJ'X Cì/ltf ctJrrarlO/15. c,: .'1: . : DeaomlMlr 20. '994 101 6 ' .- ~.m. In 11\1I CoUncIl Chàiñbëñi .... . F uÞIç S.rvlces Bu::'~ 276 !,:~ . our1h "".....It, as dIM ..Lx¡ -6 : {)O /! µ -foC/a4. "' ~~pItfSCII1 _Iring 11> be ~ :~ . ~8lP""', .l..ftJ {p- 615 'ff./P ~1:~1 combco.7,111114 . . '~10184 I., . . ¡1pI7Kí(tN ':'!' .' > /' ; , , ;1.:"" I. - TOTAL P.01 )~//J --.,.-,- - ...-....-.,-,.--,.-.--..,---. ----_..'-~ -- COUNCIL AGENDA STATEMENT Item l!l Meeting Date 12120/94 ITEM TITLE: Public Hearing: PCS-95-03; Consideration of Tentative Subdivision Map for a project known as Ventana, Chula Vista Tract 95-03, involving 109 single-family dwellings on 13.7 acres located on the west side of South Greensview Drive, south of Clubhouse Drive, and submitted by Brehm Communities Resolution I? 7 ?~pproving and imposing conditions on the Tentative Subdivision Map for Parcel R-20, known as Ventana, Chula Vista Tract 95-03, making the necessary fmdings and readopting the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program for IS-94-19 :ttl SUBMITTED BY: Director of Planning / /f/ REVIEWED BY: City Manager {PIt. ,/(p (4/5ths Vote: Yes_No.lO " "- ké Brehm Communities has submitted a Tentative Subdivision Map known as Ventana, Chula Vista Tract 95-03, in order to subdivide 13.7 acres into 109 single family lots and three open space lots. The property is designated as Parcel R-20 within the EastLake Greens Planned Community, and is located on the west side of South Greensview Drive, south of Clubhouse Drive. An Initial Study, IS-94-19, was previously prepared in conjunction with the recent amendments to the EastLake Greens SPA Plan. The Environmental Review Coordinator has determined that the project implements and falls under the purview of Negative Declaration IS-94-19, and that no further environmental review is necessary. RECOMMENDATION: That Council adopt the Resolution approving the Tentative Subdivision Map for Ventana, Chula Vista Tract 95-03. BOARDS/COMMISSIONS RECOMMENDATION: On December 7, 1994, the Planning Commission voted 6-0 (with one Commissioner absent) to recommend that Council approve the Map in accordance with Resolution PCS-95-03 attached hereto. On April 11, 1994, the Resource Conservation Commission voted 5-0 to approve the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program issued on IS-94-19. /9-1 -- -..- - --- ~'-'-'-+-~'----"---'-"-~-'----"-'-""-"'-'--'-"-'_._~--_.- Page 2, Item ß Meeting Date12/20/94 DISCUSSION: The tentative map shows 109 single family lots with a minimum lot size of 3,000 sq. ft. The dwellings will range from 1,690 - 2,100 sq. ft. The lot and unit sizes are similar to those approved for the Cypress project (Parcel R-14) which is also being developed by Brehm. The Cypress project, nearing completion, is located at the northwest comer of North Greensview and Clubhouse Drives. The lots are arranged around a primary loop street and three cul-de-sacs, with a single access point from South Greensview Drive. The property adjoins a school site to the north, a park site and future development area to the west, and property slated for residential development to the south and across Greensview Drive to the east. The site is designated on the EastLake Greens SPA Plan for either attached or detached development at a density range of 5-15 dulac, with a target density of 9.3 du/ac and target yield of 146 units. The project density of just under 8 du/ac and project yield of 109 units are consistent with these SPA limits. The project development is subject to site plan and architectural review by the Zoning Administrator. The project has been reviewed and given conditional approval contingent upon approval of the tentative map. FISCAL IMPACT: The project will be required to comply with all of the provisions of the EastLake Greens Public Facilities Financing Plan. All improvement costs of this subdivision are the responsibility of the developer. Attachments City Council Resolution Locator Tentative Map EastLake Greens SPA Plan Planning Commission Resolution and Minutes Nor S<!rI,A.)N IiI) Resource Conservation Commission Minutes No'" ..t!,!tNµE-}) Mitigated Negative Declaration Disclosure Statement Nor Stjl,/oJAJb4 (m:\home\planning\pcs9503.113) ,. 19·~ ~_._.._--- ..~ .---.-..........--.. . ..--.-....,---...-, ___ __..______ '._."._ ·m'~________ ___.._._. .n.'n_ RESOLUTION NO. /777f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND IMPOSING CONDITIONS ON THE TENTATIVE SUBDIVISION MAP FOR PARCEL R- 20, KNOWN AS VENTANA, CHULA VISTA TRACT 95-03, MAKING THE NECESSARY FINDINGS AND READOPTING THE MITIGATED NEGATIVE DECLARATION AND THE MITIGATION MONITORING AND REPORTING PROGRAM FOR IS-94-19 I. RECITALS A. Project Site WHEREAS, the area of land which is the subject matter of this resolution is diagrammatically represented in Exhibit A attached hereto and incorporated herein by this reference, and commonly known as Unit 20 of EastLake Greens Tentative Subdivision Map, Chula Vista Tract 88-3; and for the purpose of general description herein consists of 13.7 acres located on the west side of South Greensview Drive, south of Clubhouse Drive within the EastLake Greens Sectional Planning Area of the EastLake Planned Community ("Project Site"); and, B. Project; Application for Discretionary Approval WHEREAS, on August 25, 1994, Brehm Communities ("Developer") and EastLake Development Company ("Owner") filed a tentative subdivision map application with the Planning Department of the City of Chula Vista and requested approval of the Tentative Subdivision Map for Ventana, Chula Vista Tract 95-03 (known as Document No. on file with the office of the City Clerk) in order to subdivide the Project Site into 109 residential lots and three open space lots ("Project"); and C. Prior Discretionary Approvals WHEREAS, the development of the Project Site has been the subject matter of 1) a General Development Plan, EastLake II (EastLake I Expansion) General Development Plan previously approved by City Council Resolution No. 15198 ("GDP"); 2) the EastLake Greens Sectional Planning Area Plan, previously adopted by City Council Resolution No. 15199 ("SPA"); and 3) a Tentative Subdivision Map, previously approved by City Council Resolution No. 15200 ("TSM"), Chula Vista Tract 88-3, all approved on July 18, 1989; 4) an Air Quality Improvement Plan, EastLake Greens Air Quality Improvement Plan . 1'-;] " _.._,------_.._--~--_..__..-.-._.-._. --- (AQIP); and 5) a Water Conservation Plan, EastLake Greens Water Conservation Plan (WCP); both previously approved by City Council Resolution No. 16898 on November 24, 1992; and 6) a GDP, SPA, TSM, AQIP and WCP amendment previously approved by City Council Resolution No. 17618 on August 16, 1994; and D. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on said project on December 7, 1994, and voted 6-0 to recommend that the City Council approve the Project based upon the findings and subject to the conditions listed below; and E. City Council Record of Applications WHEREAS, a duly called and noticed public hearing was held before the City Council of the City of Chula Vista on December 20, 1994, on the Project and to receive the recommendations of the Planning Commission, and to hear public testimony with regard to same; and, NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby fmd, determine and resolve as follows: II. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on this project held on December 7, 1994, and the minutes and resolutions resulting therefrom, are hereby incorporated into the record of this proceeding. III. MITIGATED NEGATIVE DECLARATION REVIEWED AND CONSIDERED; MITIGATION MONITORING AND REPORTING PROGRAM; FINDINGS; APPROVALS A. Mitigated Negative Declaration The City Council of the City of Chula Vista has reviewed, analyzed and considered the previously approved Mitigated Negative Declaration on IS-94-19 (known as Document No. C094-180 on file in the Office of the City Clerk) and comments thereon, the environmental impacts therein identified for this project and the Mitigation Monitoring and Reporting Program ("Program") (known as Document No. C094-l8l on file in the Office of the City Clerk) thereon prior to approving the Project. Based on the Initial Study and comments thereon, the -2- ) 9- 'I -.--'.- -"-_.~-_.~_._...._-~----- .-- ...._--,,_._"--~._- -.-. Council finds that there is no substantial evidence that the Project will have a significant effect on the environment and thereby readopts the Mitigated Negative Declaration. B. Mitigation Monitoring and Reporting Program The City Council of the City of Chula Vista finds that the significant environmental effect(s) identified in the Mitigated Negative Declaration will be reduced to below a level of significance if the mitigation measures in the Mitigation Monitoring and Reporting Program are implemented. The Mitigation Monitoring and Reporting Program is hereby readopted to ensure that its provisions are complied with. IV. CERTIFICATION OF COMPLIANCE WITH CEQA The City Council does hereby find that the Mitigated Negative Declaration on IS-94-19 and Mitigation Monitoring and Reporting Program have been prepared in accordance with requirements of the California Environmental Quality Act, the State EIR Guidelines, and the Environmental Review Procedures of the City of Chula Vista. V. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council finds that Mitigated Negative Declaration IS-94-19 reflects the independent judgment of the City of Chula Vista City Council. VI. TENTATIVE SUBDIVISION MAP FINDINGS A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City Council finds that the Tentative Subdivision Map for the Project is in conformance with the elements of the City's General Plan, based on the following: 1. Land Use The proposed density of 7.95 du/ac is in compliance with the approved EastLake Greens SPA density range of 5-15 du/ac for the Project site. 2. Circulation All of the on-site and off-site public streets required to serve the Project will be constructed or DIF fees paid by the developer in accordance with the EastLake Greens Public Financing Plan and Development Agreement. -3- J9~> _"""_"_W'" .-..,,---. - --- --.-----...-. - -_.._.,~~._-~.- ---_._--.-.._------_._---_._.~----,---~----_.- The public streets within the Project will be designed in accordance with the City design standards and/or requirements. The adjoining street system was designed to handle the anticipated flow of traffic from this and other area projects. 3. Housing The EastLake Greens SPA Plan area has been conditioned to provide a minimum of 10% affordable housing including a mix of housing types and lot sizes for single-family, townhouses, condominium and, eventually, apartment densities that will provide a wide spectrum of housing prices for persons of various incomes. The single-family detached residential housing type proposed within the Project is consistent with the EastLake Greens SPA Plan. 4. Conservation The Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for IS-94-19 addressed the goals and policies of the Conservation Element of the General Plan and found the development of the Project Site to be consistent with these goals and policies. 5. Parks and Recreation, Open Space The Project Site is located within the EastLake Greens SPA Plan area. The EastLake Greens SPA Plan provides public parks, trails and open space consistent with City policies. 6. Seismic Safety The Project is in conformance with the goals and policies of the Seismic Element of the General Plan for this site. 7. Safety The Fire Department and other emergency service agencies have reviewed the Project for conformance with City safety policies and have determined that it meets the City Threshold Standards for emergency services. -4- I'""? .-.-.- --- -- ~---~._._-- -.,.--.-.--.--.'.---- -~-----"'-"--'"'----"'---~---"-'--~-'---------~'- . 8. Noise Noise mitigation measures included in the Environmental Impact Report SEIR-86-04 and Mitigated Negative Declaration IS-94-19 adequately address the noise policy of the General Plan. All dwelling units within the project will be required to be designed so as to not exceed the interior noise level of 45 dBA. Additionally, all exterior private open space will be shielded by a combination of earth, benn, wall, and/or buildings to achieve a 65 dBA noise level for outside private areas. 9. Scenic Highway The Project Site is not located along a designated scenic highway, but will provide a 10 ft. wide landscape buffer and decorative wall along Greensview Drive in order to enhance the appearance of the Project from the street. The project, as conditioned, will be required to provide a landscape buffer in confonnance with landfonn grading and scenic highway principles of the General Plan. 10. Bicycle Routes Bicycle lanes have been incorporated within the EastLake Greens Planned Community area design and are presently in use. The public streets within the project are of adequate width to accommodate bicycle travel within the interior of the subdivision. 11. Public Buildings No public buildings are proposed on the project site. The project is subject to RCT fees prior to issuance of building pennits. B. Pursuant to Section 66412.3 of the Subdivision Map Act, the Council certifies that it has considered the effect of this approval on the housing needs of the region and has balanced those needs against the public service needs of the residents of the City and the available fiscal and environmental resources. C. The configuration, orientation and topography of the site partially allows for the optimum siting of lots for passive or natural heating and cooling opportunities as required by Government Code Section 66473.1. -5- 19-7 . ._.~_._.-"._.- --<- ~-----..-_.- .._------_.._----------_._".~._-----~-~-~-_._-- D. The site is physically suitable for residential development and the proposal conforms to all standards established by the City for such projects. E. The conditions herein imposed on the grant of permit or other entitlement herein contained is approximately proportional both in nature and extent to the impact created by the Project. BE IT FURTHER RESOLVED that the City Council does hereby approve the Project subject to the general and special conditions set forth below. VIILVALIDITY OF EXACTIONS. The City hereby finds that the exactions herein required of the Developer are related to the proposed development and are in an amount or degree that is proportional to the impact of the development. IX. GENERAL CONDITIONS OF APPROVAL The approval of the Project which is stated to be conditioned on "General Conditions" is hereby conditioned as follows: A. Project Site is Improved with Project Developer, or their successors in interest, shall improve the Project Site with the Project as described in Tentative Subdivision Map Chula Vista Tract 95-03 and the Mitigated Negative Declaration IS-94-l9 except as modified by this Resolution. B. Implement Mitigation Measures Developer shall diligently implement, or cause the implementation of, all mitigation measures pertaining to the Project identified in the Final Supplemental Impact Report for Eastlake Greens FEIR-86-04 and Mitigated Negative Declaration IS-94-l9. C. Implement the Mitigation Monitoring and Reporting Program Developer shall implement, or cause the implementation of all portions of IS-94-l9 Mitigation Monitoring and Reporting Program pertaining to the Project. D. Implement previously adopted conditions of approval pertinent to project. -6- J9"'Ý -..-- .-.. -..----.-- ---...-..- --..--..--.-....------.--.".--. .-.--.-.--..---- -.".--- '-.----,--- -----~,--_._-_._-_.__._- .. ---~-~---------- . Unless otherwise conditioned, developer shall comply with all unfulfilled conditions of approval of the EastLake Greens Tentative Map, Chula Vista Tract 88-3 established by Resolution No. 15200 approved by Council on July 18, 1989, and amended by Resolution 17618 approved by Council on August 16, 1994, and shall remain in compliance with and implement the terms, conditions and provisions of Eastlake Greens Sectional Planning Area, Eastlake Greens Planned Community District Regulations, the Eastlake Greens Development Agreement, the Water Conservation Plan and the Air Quality Plan, Design Guidelines and the Public Facilities Financing Plan. E. Implement Public Facilities Financing Plan Developer shall install public facilities in accordance with the Eastlake Greens Public Facilities Financing Plan as amended or as required by the City Engineer to meet threshold standards adopted by the City of Chula Vista. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. F. Project Phasing If phasing is proposed within an individual map or through multiple final maps, submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning prior to approval of any final map. Improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planing. The City reserves the right to condition approval of each final map with the requirement to provide said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Planning Director may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. G. Annexation . Annex all property within the proposed subdivision boundary of each final map to the City of Chula Vista from the County of San Diego prior to approval of each map. H. Design Review Approval The final map shall comply with all applicable plans and conditions approved with DRC-95-16. -7- 19-' "- ----------.. .-..--... . ----_.~,..._-_.. ---"--_._----~. -- --_._----_."-_.__.~- - --. .-.--.,.- J X. SPECIAL CONDITIONS OF APPRO V AL Prior to approval of the final map unless otherwise indicated, the developer shall: STREETS. RIGHTS-OF-WAY AND IMPROVEMENTS 1. Design, construct and dedicate right of way for all streets to meet the City standards for residential streets, or as approved by the City Engineer. Submit improvement plans for approval by the City Engineer detailing the horizontal and vertical alignment of said streets. 2. Guarantee the construction of all improvements (streets, sewers, drainage facilities, utilities, etc) deemed necessary to provide service to the subject subdivision in accordance with City standards. 3. Design streets to meet 250' minimum distance between centerline intersections or as approved by the City Engineer. 4. The waivers requested on the tentative map for the following are hereby granted: a) cuI de sacs b) tangent length between Station 28 and Station 30 c) knuckles d) driveway separation from PCRto be 4 feet minimum 5. Present written verification to the City Engineer from Otay Water District that the subdivision will be provided adequate water service and long term water storage facilities. 6. Design all residential streets with 200 ft. minimum curve radii. 7. Obtain and grant to the City easements for the maintenance of the proposed sewer and storm drain between the northerly subdivision boundary and the point of connection to the existing facilities. Said easements shall be 10' wide minimum. GRADING 8. Submit and obtain approval by the City Engineer for final grading plans. 9. Provide an updated soils report or an addendum to the original document prepared by a registered engineer, as required by the City Engineer. -8- 19-1t/ --.".._._--_._~---_.. ..~_..__._-~-_.._- ---.--....-..,...-." ...._---~._,._-----_._-~.. --,._~..._-"---~ ._--_._--~-----_.__._..- 10. Submit and obtain approval by the City Engineer for an erosion and sedimentation control plan together with grading plans. 11. Submit a list of proposed lots indicating whether the structure will be located on fill, cut, or a transition between the two situations. AGREEMENTS 12. Enter into an agreement with the City whereby: a. The developer agrees the City may withhold building permits for any units in the subject subdivision if anyone of the following occur: (1) Regional development threshold limits set by the East Chula Vista Transportation Phasing Plan have been reached. (2) Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. b. The developer agrees that the Gity may withhold building permits for any of the proposed development if the required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the Planning Director and City Engineer. 13. Agree to defend, indemnify and hold harmless the City and its agents, officers and employees; from any claim, action or proceeding against the City, or its agents, officers or employees to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the 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. 14. Agree to hold the City harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 15. Agree to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance -9- 19 -/ / ___________._._."_____ - __ ___.._...._..._..M._.__.._._._,.__.." --,,"" _._._"-~,.._-_.__.-._--.~- -..---- ----~-" with, all of the terms and conditions of the franchise and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. OPEN SPACE/ASSESSMENTS 16. Pay additional fees on a fair-share basis into Assessment District Numbers 90-3, 91-1 and other applicable assessment districts due to a change in units approved subsequent to District formation as determined by the City Engineer. 17. Pay all costs associated with apportionment of assessments for all City assessment districts as a result of subdivision of lands within the boundary. Request apportionment and provide a deposit to the City estimated at $40/unit/district to cover costs. 18. Prepare a disclosure form to be signed by the home buyer acknowledging that additional fees have been paid into the Assessment District or the Transportation DIP Pund, and that these additional fees are reflected in the purchase price of the home for those units which have a density change from that indicated in the assessment district's Engineer's Report. Submit disclosure form for the approval of the City Engineer. 19. Request annexation into EastLake Maintenance District #1 of all areas within the tentative map boundary not currently included in the district prior to approval of the first final map which includes said areas. Deposit $3,000 to initiate annexation proceedings. Pay all costs of proceedings. MISCELLANEOUS 20. Tie the boundary of the subdivision to the California System -Zone VI (1983). 21. Submit copies of Final Maps in a digital format such as (DXP) graphic file prior to approval of each Pinal Map. Provide computer aided Design (CAD) copy of the Pinal Map based on accurate coordinate geometry calculations and submit the information in accordance with the City Guidelines for Digital Submittal in duplicate on 5-1/2 HD floppy disk prior to the approval of each Pinal Map. XI. CODE REQUIREMENT REMINDERS 1. Comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Pinal Map and all plans shall be in accordance with the -10- 19"'/:1- . ._._-_.,----_._---.._-~-......_..+ - ~...._~_..-._--~.__._--- provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and Subdivision Manual. 2. Underground all utilities within the subdivision in accordance with Municipal Code requirements. 3. Satisfy the requirement to pay the Transportation Development Impact Fees (TDIF) prior to final map approval if the fee is financed through an assessment district or pay the TDIF prior to issuance of building permits. 4. Pay the following fees in accordance with the City Code and Council Policy: a. The Public Facilities Development Impact Fees. b. Signal Participation Fees. c. All applicable sewer fees, including but not limited to sewer connection fees. d. Interim Pre-SR-125 impact fee (effective January 1, 1995). e. Telegraph Canyon Sewer Pumped Flows Development Impact Fees 5. Pay the amount of applicable fees in effect at the time of issuance of building permits. The developer is advised that fees periodically change, and that it is the developer's responsibility to contact the appropriate City department or government agency to ascertain the amount of a given fee due to the time of collection. 6. Required fire hydrants must be installed and operable prior to delivery of any combustible construction materials. 7. If any part of the development wi!! be adjacent to an open space area, particularly canyon rims, a plan for brush management and fire resistive landscaping must be submitted. XII. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condÍtion issuance of all -11- 19-/.3 ------...._---- 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 their compliance with said conditions or seek damages for their violation. No vested rights are gained by Developer or a successor in interest by the City's approval of this Resolution. XIII. NOTICE OF DETERMINATION The City Council directs the Environmental Review Coordinator to post a Notice of Determination and file the same with the County Clerk. XIII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by ;:{:,"¡'mß J¿ ? Bruce M. Boogaard Robert A. Leiter Director of Planning City Attorney (f: \home\planning\ ventana.ccr) -12- 19r If J' \ r'), . I:) V --_...._- ..--.--. .. - ,.--.-------.- ---.--.,.- ..._._---_._~----- - 0I1{ . :.~ . !!! Æ . PROJECT LOCATION EXHIBIT A CHULA· VISTA PLANNING DEPARTMENT LOCATOR APPLICANT: VENTANA @ EASTLAKE PROJECT DESCRIPTION: GREENS SUBDMSION VENTANA C) ADORU&: SOUTH GREENVIEW DRIVE Request: Tbe development proposal consists of tbe construction of 109 lingle family SCALE: fILE NUMBER: dwellings on 13.7 acres NORTH NONE PCS-95-03 J ,.. 15" 19-3'-1 -----..- -. - -- _.._-_... - - -.---.-..,--.--------- NOTICE OF PUBLIC HEARINGS BY THE CITY PLANNING COMMISSION AND CITY COUNCIL OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT PUBLIC HEARINGS WILL BE HELD BY THE CITY PLANNING COMMISSION AND CITY COUNCIL of Chula Vista, California, for the purpose of considering a tentative subdivision map known as Vent ana , Chula Vista Tract 95-03, located on the west side of South Greensview Drive, south of Clubhouse Drive, within the EastLake Greens Planned Community Area, and submitted by Brehm Communities. The applicant proposes to subdivide 13.7 acres into 109 single family lots and make all required public improvements. A copy of the tentative map is on file for inspection in the office of the Planning Department. If you wish to challenge the City's action on this tentative subdivision map in court, you may be limited to raising only those issues you or someone else raised at the public hearings described in this notice, or in written correspondence delivered to the Planning Commission and/or City Council at or prior to the public hearings. Any petitions to be submitted to the Planning Commission and/or City Council must be received by the Planning Department office no later than noon of the hearing date. SAID PUBLIC HEARINGS WILL BE HELD BY THE CITY PLANNING COMMISSION on Wednesday, December 7, 1994 at 7:00 p.m. and by THE CITY COUNCIL on Tuesday, December 20, 1994 at 6:00 p.m. Both hearings will be held in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may require special accommodations to access, attend, and/or participate in a City meeting, activity, or service to request such accommodation at least forty-eight hours in advance for meetings and five days in advance tor scheduled services and activities. Please contact Nancy.Ripley for specific information at (619) 691-5101 or Telecommunications Devices for the Deaf (TDD) (619) 585-5647. California Relay Service is available for the hearing impaired. DATED: November 21, 1994 CASE NO: PCS-95-03 B:\JOANNE\PHN.PCS.95.03 )9-) 7 C-4~~ fr1'~~) //~I ~ _..._ ____._.~_ .__....Æ!._._._.___... .._.._._.._._._______ I · 0I1{ A·I. A·& · $., :.~ ·1& · '·2 $ R·tO CHULA VISTA PLANNING DEPARTMENT LOCATOR APPLICANT: VENTANA @ EASTLAKE PAOJECT DESCAIPTION: /9 ! ~ GREENS SUBDIVISION VENTANA - C) ADDRESS; SOUTH GREENVIEW DRIVE Request: The development proposal consists of the construction of 109 single family SCALE; FILE NUMBER: dwellings on 13.7 acres NORTH NONE PCS - 95 - 03 - --. .~.. _.__.._------_.._----_._--_._,~~~------ ,.:~~ -. · · SB&O, Inc. ~ Attn: Susan La, 3615 Kearny Vi la Rd., #201 2 ° Del Rio So., #220 · San Die~o, CA 92123 San Die90, CA 92108 · LABL 007Z1 PCS-~5-o3 xxxxxxxxxxxxxxxxxxxxuxxxxxxxx P KEL 1M ¡ Rt S' 10~ SFO AT SUU TH xxxxxxxxxxxxxXXXXXXXXXXXXXXXXX X XXXX), XXXX XXXXXXX X XXX XXXX XXXX), xx xXXX XXXX ),XXX XXXXJ<XXXXXXX XX),X X XXXXXX J<XXXXX XXJ<XXXXX XXXX XXXX), xx XXXXXX xX XXXX XXXXXXXX xXXX XXxX · XXXXXXXXXXXXXXXXXXXXXXXXXXXXX) XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX X xxx xx XXXXXXX XXXXXXXX XXXXXXXX), XXXXXXXX xx XXXXXXXX XXxXAXXXXXXX " · XXXXXXXXXXXXXXXXXXXXXXXXXXXXX), XXXXXXXXXX),XXXXXXXXXXXXXXXXXXX X XXXXXXXXX XXX XXXXXXXX XXXX xxxX), xx xXXX XXXX XXXXXXXX XXxX xXXX),XXX X XXXXXXXXX XXXXXXXX xxx XXXX xX XX) XXXXXXXXXX xXXX xXxX xxxXXXXXXXAX . 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LOCATION , : CHULA VISTA PLANNING DEPARTMENT LOCATOR APPLICANT: VENTANA @ EASTLAKE PROJECT DESCRIPTION: Q) GREENS SUBDMSION VENTANA ADDAUI: SOUTII GREENVIEW DRIVE Request: The development proposal consists of the construction of 109 lingle family ICALf: fU MlMIØI: dwellings on 13.7 acres NORTH NONE PCS-9S-03 ~ /9-3'1 _ _.. ___,,__,,"__.__'u__.. ________.,_._.__.__.~'~ ._.____,_____._.__.~..__..__ · TENTATIVE MAP .' Y /J- § ..-..----.-. ._.-...~---_.-.. ------.-- ¡,II II i1oT' r~ I III' ~ I I 'I' ¡ ~ ¡It I -~IW" uool I,j~, ,\\1, t_,i . , , I ' 'I' I ~¡.jl II "~ · I III " ~. , Il ~ I I ! I I I I' . . o ¡... ¡!iI I l \ : ~: .. i ..' . Ii I! I, III: , h.~ '- ( !! I. ; I ~~' I'I! ¡i' I I I ! . J III .. ( I 'I . " II I I " 'I ~ I:! III, I III I Iii I ~I ' ~'I ill! III" Iiilll'llll ql ¡ 1IIIIi II, I" ,.¡ I I 'II'" Ii I. 11111 111111111 I hllllllll illl" i ¡ i. 'g \I . .u .d. --- , Q.~ ;! ¡Ifl ILl m CI) ;: ILl !:!:! ¡.;: ¡.;: ~:IC ~ t-,; ~ ;:¡ ;a: ~ !II! ~CI)!:::Iè ¡...~ 8 ~¡... 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Ii: : ':' :. ~~p - Wj6 .. - W ~ , . 2 --- -- - Q::c ---- o- f . .. . 1)5<.!> ¡ .J . \ , . ~ /9~ 5').. ~ . \ PLANNING COMMISSION RESOLUTION AND MINUTES ~ JC¡~:J/ - .--,......-. - -----_._.__...~---_._-,.._.__.._._.._---,-,- ---... . - --, ".--.-----.....--,..----....,'-.-.-...., THIS PAGE BLANK / /9-t/O -- ExcerDt from Draft Plannim! Commission Minutes of 1217/94 ITEM 2: PUBUC HEARING: PCS-95-03; TENTATIVE SUBDMSION MAP FOR PARCEL R-20, KNOWN AS VENT ANA, CHULA VISTA TRACT 95-03, WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY - Brehm Communities Principal Planner Griffm presented the staff report, noting that the project was consistent with the EastLake Greens SPA Plan as well as the PC District Regulations. Mr. Griffm stated that the project was considered a small lot project and was subject to site plan and architectural review, which had been completed by staff, and the project had been approved. Commissioner Martin asked how much of a grade there was on the project. Mr. Griffin deferred to the project engineer. This being the time and the place as advertised, the public hearing was opened. Randy Safino, SB&O Inc" 3615 Kearny. Villa Road, SD, the project engineer, stated that the lowest pad elevation was at 25 contour elevation; the highest was at approximately 54, with a gradual slope of 3 or 4 %. --- Commissioner Martin questioned Mr. Safmo regarding runoff, and how he visualized the effect of torrential rains. Where would the water go? Mr. Safino stated that there was already an approved set of improvement plans, with the improvements currently underway. A storm drain was currently under construction at the northerly boundary, which this project would tie into. They had an existing storm drain system stubbed out for their site, which would pick up all of the storm drain runoff. Commissioner Martin asked if there was only one drain. Mr. Safmo stated there was one major drainage facility, which was typical to all subdivisions, but there were several inlets within the subdivision. He indicated on the map where the storm drain would be installed and where it would tie into an existing system. Commissioner Martin questioned the elevation of certain areas which were shown' on the map. Senior Civil Engineer Ullrich explained the existing contour and the elevation, which was about a 20' drop. He noted that most of it was taken up in slope. Commissioner Martin asked if the road would run across the ridgeline. Principal Planner Griffm stated that the general slope across the entire property was very gentle; there would be a fairly significant manufactured slope where the property interfaces with the /""- next development property tc:¡ the southeast. -711-1'/ Commissioner Martin asked if the water would run down from the top to the row of houses at the bottom, with the drains at the other end. Mr. Griffm stated the water would surface drain from the lots into the street, then into the drains in the street. Mr. Ullrich said if there was an off-site area that would drain into the lots, a brow ditch would be required to collect the water from off-site to go into a stonn drain. At the time the grading plans are submitted, Engineering staff would look at the drainage in detail. Scot Sandstrom, Director of Development of Brehm Communities, 2835 Camino del Rio South, #220, SD, expressed their appreciation to staff, and stated that Brehm Communities enjoyed their relationship with the City due to its progressive nature. He stated was available for questions. Commissioner Ray asked staff how the interim pre-SR-125 impact fee was being detennined, since it had not been detennined what kind of road it would be. Senior Civil Engineer Ullrich said an SR-125 fee had been established, which was scheduled to go into effect January 1. He was not sure of the exact dollar amount. Chair Tuchscher noted this was for the interim solution for SR-125, a series of roadways, off- site improvements, etc. Mr. Ullrich said it would basically be in the 125 corridor, but would not be a freeway. It could be a two-lane road or a four-lane road without the overpasses. Commissioner Ray questioned whether the developers would be responsible later if the road were developed into a four-lane or if the additional improvements would be paid by future developments. Mr. Ullrich stated that staff would look at the fee each year and update the costs. He was uncertain as to whether the City would be charging for the entire freeway system, since he was not involved in that. Commissioner Ray felt the City was being short-sighted if a two-lane road was installed, and then later a four-lane had to be installed. (Commissioner Moot returned to the dais at 7:45 p.m.) Chair Tuchscher noted that a number of the developers/property owners had worked with the City to look at potential interim solutions to SR-125. He believed all of the major developers were in favor of this type of solution and supported the impact fees as an interim solution, knowing that the potential existed that some of the street improvements might be torn out when a freeway was built. Assistant Planning Director Lee stated that the end result may be a road system that connected EastLake to the north without having a connection to Otay Valley and to Otay Mesa for a number of years. If the developers could continue to develop and have a north/south route that meets the traffic demands, that was their goal. Commissioner Ray was concerned that fees for incremental development would mean that the developments building last· would bear the brunt of the costs as a result of the larger improvement, which would be required at buildout. Mr. Lee stated that the question was ~ /J-'/~ -"-"-'-"-~----"'-"_.^_._---~--_....'- whether there was an intention to build a two-lane system as opposed to a four-lane. He assumed a four-lane "Would be built, and that the cost would be spread over that. He would check into it and report back to the Commission. Mr. Ullrich stated that one of the designs he had seen was a four-lane using the future off-ramps as the roadway, so there would not be as much throw-away. Staff was trying to save as much of the pavement as possible. Chair Tuchscher noted there were a number of other road improvements outside of the 125 corridor that were required in order for the interim solution to work. Mr. Ullrich said the fee was split. The SR-125 had been included in the fonner Eastern Territory Transportation DIF, but it had been separated out. There were now two fees--one for the Eastern Territory roadway and one for SR-125. This would go into effect January I, unless Council delayed it another year. There was further discussion regarding the grade of the slopes and where the water would run. Mr. Griffin stated that the property lines were always located at top of slope and that the fence would generally be located there. Commissioner Martin was concerned about the separation between Boca Raton Drive and those bordering the cul-de-sacs. Mr. Griffm assured him that it was typical. Commissioner Martin asked if the Fire Department had approved the access and egress, since there seemed to be only one point of entry. He was concerned about the possibility of blocking the street. Mr. Dan Marum, the Traffic Consultant, replied that it was a possibility, but there were certain design criteria with certain densities, and that this project was within that standard, and it was common among subdivisions. Mr. Griffin stated that generally in the EastLake area,the basic backbone street system provided several points of access, but the individual development parcels were generally served by a single access point. The Fire Department had reviewed the original master plan, had reviewed this map, and was comfortable with it. Commissioner Martin asked if water would pool in the entrance way during a big rain. Mr. Griffin replied that it should be graded appropriately so there would be no ponding in the street. Mr. Lee noted that when there was a single point of access, the number of units and the number of trips coming out of the development were considered, and also the distance of that particular throw. It was only one lot deep with good width, so there was not a critical condition. Commissioner Ray asked the defInition of a "knuckle." Senior Civil Engineer Ullrich indicated a knuckle on the slide. Commissioner Ray concluded that a street that was not a "T" or intersection that basically made a turn was considered a "knuckle." Mr. Ullrich concurred. Mr. Lee stated that a 90 degree turn with the road widened to allow for movement and parking was referred to as a knuckle. ~ J'1~r) _..,..,.".._---------_._......~--,~_._,----_._-- No one else wishing to speak, the public hearing was closed. MSC (Fuller/Ray) to adopt Planning Commission Resolution PCS-95-03 recommending that the City Council approve the Tentative Subdivision Map in accordance with the findings and subject to the conditions contained in the draft City Council resolution. Commissioner Moot asked the City Attorney if he could vote, since he came in just as the public hearing was opened. He had read the material, but had missed the staff presentation. He felt comfortable from reading the materials and listening to most of the public hearing. Attorney Basil stated that if Commissioner Moot had read the material and had brought himself up to speed, it was correct for him to be able to vote. VOTE: 6-0 (Commission Salas had temporarily left the meeting) , . y /7-1/'/ . RESOLUTION NO. PCS-95-03 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING mAT THE CITY COUNCIL APPROVE THE TENTATIVE SUBDIVISION MAP FOR PARCEL R-20, KNOWN AS VENTANA, CHULA VISTA TRACT 95-03, WITHIN THE EASTLAKE GREENS PLANNED COMMUNITY WHEREAS, a duly verified application for a tentative subdivision map was f1led with the Planning Department of the City of Chula Vista on August 25, 1994, by Brehm Communities, and; WHEREAS, said application requests approval to subdivide Parcel R-20, known as Ventana, Chula Vista Tract 95-03, within the EastLake Greens Planned Community, and; WHEREAS, the property consists of 13.7 acres located on the west side of South Greensview Drive, south of Clubhouse Drive, and the proposal is to subdivide the property into 109 single-family lots and three open space lots, and; WHEREAS, the Environmental Review Coordinator has determined that the project implements and falls under the purview of IS-94-19, and that no further environmental review is necessary, and; WHEREAS, the Planning Director set the time and place for a hearing on the tentative map and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and tenants within þ 1,000 feet of the exterior boundaries of the property at least 10 days prior to the hearing, and; , WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m., December 7, 1994, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED mAT TIlE PLANNING COMMISSION hereby readopts the Mitigated Negative Declaration and the Mitigation Monitoring Program for IS-94-19. BE IT FURTHER RESOLVED mAT TIlE PLANNING COMMISSION recommends that the City Council adopt the attached draft City Council Resolution approving the Tentative Subdivision Map for Chula Vista Tract 95-03 in accordance with the findings and subject to the conditions contained therein, and that a copy of this resolution be transmitted to the City Council. y /9/1/3' --- - -_.."._-~._---~-----------------_.__.._---------'".- PASSED AND APPROVED BY TIlE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CAliFORNIA, this 7th day of December, 1994, by the following vote, to-wit: AYES: Commissioners Fuller, Martin, Moot, Ray, Tarantino and Tuchscher NOES: None ABSENT: Commissioner Salas (excused) William C. Tuchscher n, Chairman ATTEST: Nancy Ripley, Secretary (m, \homelplanniD¡Ipcs9S03 .per) -~ )J-rt RESOURCE CONSERVATION COMMISSION MINUTES , '. - r /5'-'17 - -. ----~_.. _.._.~.~. . ..---.-. .._._.---_.._,-----_._~--_.._..,. · THIS PAGE BLANK ~J9-tj~ , MINUTES OF A SCHEDULED REGULAR MEETING - Resource Conservation Commission Chula Vista, California 6:30 p.m. Council Conference Room Monday, Apri1ll, 1994 City Hall Building CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order at 6:40 p.m. by Chairman Kracha. City Staff Environmental Review Coordinator Doug Reid called roll. Present: Commissioners Hall, Kracha, Ghougassian, Johnson, and Burrascano. It was MSUC (JohnsonlHall) to excuse Commissioner Myers from last meeting and also through the summer until she finishes school; motion carried S-o. It was MSUC (HalIlBurrascano) to excuse Guerreiro from the meeting of March 7 and April 11 due to his school exams; motion carried 5-0. It was MSUC (Hall/Burrascano) to excuse Johnson from the meeting of March 21 due to vacation; motion carried s-o. Kracha stated he will be on vacation May 2-June 10, 1994. . APPROVAL OF MINUTES: It was MSUC (JohnsonlHall) to approve the minutes of the meeting of March 7, 1994. The minutes of March 21 could not be approved due to no quorum present from that meeting. It was noted that the minutes of February 7, 1994 are still unapproved. NEW BUSINESS: - L Used Motor Oil Grant Application - Michael Meacham explained the pant requirements and how he is seeking to have some of the money charged from the oil to be returned to the City. The $240,000 regional grant application is being done on behalf of Imperial Beach, National City and Chula Visa. He will also ask assistance from schools and businesses to educate the public on programs to recycle oil. The Nature Center currently has these classes and will work with them on preserving the environment. It was MSUC (Hall/Ghougassian) to recommend that Council approve the pant; motion carried 5-0. 2. Review of Negative JJec:laration 15-94-10, Bonita Road Bicycle Lane: It ia noWd 111II.t tbe lanes were included in the General Plan. Opposition to the ne¡ative declaration included comments on the cost, excess traffic, and d}at underground utilities would need to be relocated . A motion was made by Ghougassian to reject the project as it is not economical to the City; motion died due to lack of ICCOIId. A motion was made by Hall. ICCOIIded by Bunascano to accept the neptive declaration; motion carried 4-1, no: Ghougassian. - Another motion was made by Hall, ICCOIIded by Ghougassian that the project be denied due to safety problems with traffic. Burrascano felt that the bicycle lane was the best -p--- /1-rf Resource Conservation Commission Page 2 alternative for bikes. However, Hall and Ghougassian felt the danger existed for bikes to be riding in the busy intersection too close to the freeway; motion failed 3-2, no: Burrascano, Kracha. A motion was made by Ghougassian, seconded by Hall to deny the project due to UMectSsary expense; motion failed 3-2, no: Burrascano, Kracha. 3. Review of Negative Declaration IS-94-14, European Parts Club, presented by Mr. Martinez. After brief discussion, it was MSUC (GhougassianlBw;rasc:ano) to accept the negative declaration; motion carried 5-0. 4. Review of Negative Declaration IS-94-19, Modification to the ÉastLake Greens GDP/SPA. Information was relayed on the density transfer within the approved areas of EastLake Greens, and exchange of property between Otay Ranch and EastLake. It was MSUC (Burrascano/Hall) to accept the negative declaration; motion carried 5-0. [Ghougassian left the meeting at 7:50 p.m.] 5. Environmental Health Coalition: Kracha was distressed that this item was sent to Council before RCC saw the draft. He questioned how long in advance this was docketed to council. Further, he wondered if there would be other surprises to expect from the relationship between the Environmental Health Coalition and the Environmental Resource Manager. Kracha commented on how parts of the packet appeared to be generated by the City, however, it is on record that the information is already in effect in San Diego County. The packet further pertains only to City programs and operations, and he thought it should be a countywide program. Since too many questions were left unanswered, this will be an agenda item again at the next meeting, 6. Historical Signs: Kracha again expressed his dissatisfaction that the City Council . appropriated funding of $3700 to the Cultural Arts Commission in support of its acti.vities for the remainder of the fiscal year. Consequently, he was offended that in order to cut its budget, the Council had removed the item of historical signs from RCC'. budget with the intention that the City Manager would find' alternative funding for the signs. However, this has not been done to date, yet the Council appropriated other funds for another· Commission. A motion made by Hall and seconded byBurrascano to take the excess IIId unspent monies in RCC's current budget IIId designate it to a fund to pay for signs .lor the historical buildings; vote: 2-2, no: Johnson, Kraclia. The no vote was expressed because it does not solve the City's problem nor the City Manager's obligation of finding alternative funding. Kracha stated that the problem of the signs has been unresolved for over five years and residents are still waiting for the signs. ì ~ /5-5"(/ _. .."..,..~_._--,...__.,..._._------- --~_.."--,,-".,_.,.._,--_..__...._...,..- Resource Conservation Commission Page 3 It was suggested that a recommendation be made to the City Manager that it consider a budget transfer and requirement funding of the signs. Additionally, u no other source of alternative funds have been found, that this be reinstated as a line item into RCC's budget. The RCC also seeks a commitment from the Council to purchase the balance of the signs for designated historical buildings. 7. Environmentalist of the year award: no criteria for nomination was included in the agenda packet. The Commission was infonned that a presentation could be made at the Beautification Award banquet on May 31, 1994, Since no nominations were made by this date, nothing will be done for this year. It was suggested that criteria be developed for nominations and that planning begin in a timely manner next year. . STAFF REPORT: Doug Reid handed out information for the staff contact person on the issue papers. , CHAIRMAN'S COMMENTS: Kracha communicated his disappointment in the way RCC is goin¡. COMMISSIONER'S COMMENTS: Burrascano reponed she heard back from Staff on the Landscape Manual and Brush Management. Doug Reid said· that staff members are willing to answer questions before the Commission if requested. ADJOURNMENT: The meeting was adjourned by Chairman Kracha at 8:30 p.m. Respectfully submitted, EXPRESS SECRETARlAL SERVICES . ~ ~ ... . Barbara Taylor . - / Ir -f? -"---.--..-.-.-- .. ~._,.. --.---- - ~~_....,-_..~._--_._- THIS PAGE BLANK .' ~ )9-:5~ . .' . _. - MITIGA TED NEGATIVE DE CLARA TION 18-94-19 MITIGA TION MONITORING AND REPORTING PROGRAM " ~ 19-53/llk>'! - --- - _._--~~~---_.- --~_.,- THIS PAGE BLANK -r/9 . - - .. .. . '.. _.'. - ~. to . - ~. -.. . ..... -'. '.... '- ..- - .. . - - . .' , - .......- , Mitigated Negat.ve Declaratio r>-"-I' I . . ' i i PROJECI' NAME: Modification to die EastLake Greens GDPISPA and the fonnation ¡ of an Assessment District for mous public improvements PROJECI'LOCATION: South of OIay Lakes Road between EastLake Parkway and HlUlte Parkway PROJECI' APPLICANT: Eastlake Development Company CASE NO: IS-94-19 DATE: February 28,1994 , A. Project Settin2 The project site located south of OIay Lakes Road between EastLake Padcway IIId Hunte Parkway and this general vicinity (East1ake IIId OIay Ranch) do not involve lilY IUbstanûal soil or any geotechnicaJ hazards that would impact the proposed project. , The project is located within die San Diego air basin which is III air quality DOII-attainment basin. The prQject includes a 97 dwelling unit increase bee.',se of die expansion in land area of the Greens SPA. This will not result in a IUbstantial increase in emission into the air basin or any IUbstantial degradation in air quality. ..- - However, because die increase in die projected IUIÎts is more than 50, compliance with die City requirement for III Air Quality Improvement Plan must be met. Thus, this 1ess-than- . aignificant impact will be further reduced. The project site involves the Telegraph Canyon Creek, Poggi Canyon Creek and Salt Creek drainage basins. Future regional facilities in dlese basins may nee4 additional cumulative capacities to aerve the 22.7 additional acres being added to die SPA boundary but die impacts of this project would not be significant. These drainage courses do not enter any potable water sources nor are they a significant source of lilY IfOlUld water, . This property bas been used for a¡ricuJtural pmpoSe5 for many "",""" and is void of any significant vegetation or animal life. The project could affect raptor habitats but ¡Iven die limited acreage this is not significant. There are mous streets in the project area wbich !lave nme volumes thIt may rauJt n adverse noise levels, Once precise pad elevatiODS ~ to Itreet eImdions are Icnown, çecific mitigation will be identified and implemc:oidcd. This JWiðeIttI.t project will not ftluh in lilY significant IOUI'Ce5 of liaht or JIare. . The project as ¡nàpOled is consistatt with the oCher Iow-medium densities adjacent to and in the vicinity of the project site and the population IcveIs are 0IIDIÏIteDt with the project IreIL ; Public tacilities and aervices includin¡ transportation are ~Ie lIICIadequate to ~J~ the . . and ... -~- project lite VICinity. .' ......_ _ - C· ~ ~ ~11 ~J I,,) "' of ctlu" ....1. plaMlnl dep.,11MfII CI1Y OF 'r - envlronmenl.1 ..... ..etlon. CHUIA VISTA .~ .-.. - ---~-----~.._._._~---~--~---------.._"._..--- -- _0 _ . ... ~ .. .- - . .' . . ~ ....... -.. - ... ...... . - . -. . - .\ . . The Wlderlying geological strata on die project lite possess a high potential for lignificant paleontological RSOun:eS. Those areas which have been graded have been monitored and any lignificant resources recovered. This monitoring will continue in die currently Don· graded areas. Miûgation of any potential euJtural resources on the project lite was previously implemented. . B. Project De!Criotion Genera1 DescriDtion The project is III amendment to die adopted East\ake I General Development Plan (GDP). which includes EastLake Greens; an amendment to die adopted East\ake Greens SPA Plan (SPA) and Tentative Tract Map; and die annexation of approximately 23 acres to die City of Chula Vista. The amendments to die GDP IIId Tentative Tract Map arc intended to Rflect diose changes proposed in the SPA Plan. The changes in die SPA Plan arc of die following two categories: 1. Amending die GDPISPA to include diose parcels of die recent Land Swap General Plan Amendment cast of the SDG&E tnnsmission casement (expansion of Parcels R-10. R-20. and R-23 for 97 addiûonal units). 2. Transfers of Wlits within die existing SPA boWldary to Rflect refinements with no net increase of density. ( 3. The fonnation of an Assessment District to (94-1 East\ake D) for the installation of public facilities to serve die project. Included is Table 1. die Adopted Site Utilization Plan IIId Table 2 which aummarizcs die proposed residential changes. DescrÎotion of ~d Sw.n Area Amendment Only those areas cast of die tnnsmission easement area included in dlis amendment The balance of die Land Swap Area (between die Otay Ilanch and East\ake). which was recently the subject of. Gencra1 Plan Amendment, will be CO'<eIcdby a ecpmtc amendment The purpose of including die areas in this proposed amendment aeparately is because dley arc logical expansions of existing parcels within die East\ake Greens SPA plan. The parcels that arc expanded by die recent GPA incJudc Parcels R-l0. R-20 IIId R- 23. Upon favorable action, dlese areas arc ¡nuposcd to be -~ to die City of Cbula Vista. Following II a description of each of these parcels: R-10: The realignment of Orange Avenue to the IOUth cxpIIDdec1 this parcel's boundary. 1bcsc expanded areas wen designated Low- Medimn Density on die Gencra1 Plan. 'Ibc mid-point of the density . range (4.5 dulac) II being p.uposcd. 'Ibc tota1 increast for this í puçel II 79 du (67 du in die Land Swap Area IIId 12 du in arcu jlrcviously indicated u Orange Avenur/Future UrbIn). vc: r=--<N7J6.N ~ /9~ 5r; ",2 - -- .- . - - .'"- . ...: .. _:. . ~. . - -. '. . - .'''' . . ..... "-. -, - . - '- ~ -...-. . - '. . ~LEl . . ...tLak. Gr~ Sita utilization Plan JÞd.R1Dg ...14ent1al LaD4 v_ ftat1ñi~ Parcel Density Acr.. '1'&1"get '1'&rget Number .ana. I).ft.i~v tJnit. 1l-1 0-5 n.7 2.7 54 1l-2 0-5 14.7 2.7 .0 R-3 0-5 21.8 3.8 83 R-4 0-5 24.0 ..3 104 R-5 0-5 23.0 ..6 105 R-6 0-5 17.4 5.0 88 R-7 5-15 10.7 6.0 65 R-S 5-15 16.4 5.9 t6 R-9 5-15 8.5 5.3 45 R-l0 '5-15 27.9 6.0 167 R-ll 5-15 14.6 6.3 .2 R-12 5-15 14.3 6.5 t3 R-13 5-15 22.6 6.3 142 R-14 5-15 11.4 7.4 84 R-15 5-15 11.6 7.6 8S R-16 5-15 10.5 7.9 83 R-17 5-15 29.7 7.2 214 R-1S 5-15 '.9 8.8 17 R-1t 5-15 14.9 10.6 158 . R-20 5-15 13.6 12.0 164 R-21 5-15 10.0 12.0 120 R-22 5-15 10.8 13.5 146 R-23 5-15 13.7 15.0 205 R-24 15-25 5.0 10.0 50 R-25 15-25 7.4 10.0 74 R-26* 15-25 13.3 ..5 60 .- . R-27* 25+ I.' ..5 .0 - 11-211* 25+ &..'1 ....!i 2'7 , '1'O'J!AL 412.4 ec 2774 du eIntera OUipation .' ~ /9-6'7 . /)). /' /¡'~ h _.~ - ." - .'.- - -- --~_.__._--~--_.- .... -..-.--.----- - _.-.-_..-----_.,._.._--_._,--~-- .. . . .- _. - .'"-. -" .",' . -- .,' . - -'. '. .-..- - - -- - .. ...a."T~ 2 Bast.Lak. Greens sita Utilization Plan hopoae4 ...ldential Lan4 V.. stat18t1œ parc.l Density Acre. !l'arc¡et !l'UlJet %ncr.... (+) Ifumber Ranae ÐênRit:v tJnit:. Daeraa.. t -, Jl-l 0-5 19.7 2.7 54 0 Jl-2 0-5 14.7 2.7 .co 0 Jl-3 0-5 21.8 .c.7 102 +1Ø Jl-4 0-5 24.0 .c.3 104 0 Jl-5 0-5 23.0 .c.6 105 0 Jl-6 5-15 17.4 5.1 88 0 Jl-7 ·5-15 10.7 5.6 60 -5 Jl-8 5-15 16.4 5.' 16 0 Jl-'* 5-15 8.5 5.3 .c5 0 Jl-10 5-15 45.4 5.4 246 +n Jl-l1 5-15 14.6 6.0 87 -5 Jl-12 5-15 14.3 6.5 .3 0 Jl-13 5-15 22.6 6.3 142 0 Jl-14 5-15 11.4 7.4 86 +2 Jl-15 5-15 11.6 6.5 65 -23 Jl-16 5-15 10.5 7.' 83 0 Jl-17 5-15 '29.7 7.2 214 0 Jl-18 5-15 .., 8.8 87 0 Jl-19 5-15 14.' 10.6 158 0 Jl-20 5-15 15.7 '.2 153 +11 Jl-21 5-15 10.0 12.0 120 0 Jl-22 5-15 10.8 13.1 141 -5 Jl-23 5-15 15.8 13.5 214 +, Jl-24 5-15 5.0 10.0 46 -4 Jl-25 5-15 7.4 10.0 78 +4 Jl-26* 5-15 13.3 .c.5 60· 0 Jl-27 0-5 I.' 4.' .14 +4 11-28 15-15 &.t. ..8· &0 +~~ !I'ODL 04.1 ac 6.6 2171 4u +17 , .Interla DedlJft&Uonl parcel .ubject to future SPA &aendaent to be conaiatent with the General Plan. \ .' 1-11-14 ~ )9-3~ , - - - - - . . .. - .... .. ~ . - . -' . I."... '. - '. '. ... "', -. _.. .- _' _"'u . . \' . .. - .. -.. '. . . - R-20: This parcel is expanded by I 2.1 acre lriangle Idjacent to the SDG&E easement. The new area is computed at the mid-point of the Low-Medium density range (4.5 dulac). A nduction is proposed for the parcel as I whole to reflect current plannin¡fmarbting. R-23: This parcel is identical to the dlanges for R-20, except that DO dec:Rase in the density is proposed. A net iDcrease of 9 units en: proposed for this 2.1 acre Iddition to the SPA. A total inc:rease of 22,7 acres IJId 97 du are inçluded in these. three parcclS. Description of Densitv Transfers This amendment includes density transfers within the existing SPA bowcWy to reflect current planninglmarketing. These changes do DOt increase the Dumber of wits (2774 du) previously Idopted. Following is a aummary of the density transfers. Refer also to Table 2 for a composite of both density transfers IJId additions resulting from the additional Land . Swap Areas. Parcel Number DU Increase DU Decrease R-3 +19 R-7 -5 R-ll -5 R-14 +2 R-15 -23 R-2O -20 R-22 -5 R-24 -4 R-2S +4 R-27 +4 R-28 ±n - TOTAL +62 -62 Deserintjon of Assessment District Work The general description of work to be funded by Aa-....-t District 94-1 CODIÏ5ts of the following: , I. Street improvements consisting of ¡radin¡, base, paviD¡. pucr, aidewaIk. Idreet lighting and landscaping witbiD the following ri¡btJ-of-way: , L South Greensview Drive from Ciubhouse Drive to Unit 6 IIIIrmCC (2,400 L.F.. Phase I). b. South Oreensview Drive from SUvendo Drive to Hunte Padcway (3,400 LF.. PhUe 2). " South Greensview Drive from Unit 6 entranœ to Silvendo Drive (1,920 e- LF.. Phase 3), -Ø/- 19-.5"9 ....3 . ~'/ r w.c.~7JU4 ../ ;,/ --; 'J --~ .' -.........--..-.. - .-,.---<---------- - .. . .. -. . . -' ."... .<". _.".. " . . '-" . - .- - . _. - ,. . .. . - :-. 2. Utilities and IDIdergrolDld improvements consisting ofpo1Able water facilities, stonn drain facilities, 1eWC1' facilities, reclaimed water facilities, electric facilities, telephone facilities, ps facilities, television facilities u appropriate by applicable state and federal statutes within the following rights-of-way: L South Oreensview Drive from Clubhouse Drive to Unit 6 entrance (2,400 L.F., Phue I). b. South GreensView Drive from Silverado Drive to Hunte Parkway (3,400 L.F., Phue 2). c. South Greensview Drive from Unit 6 entrance to Silverado Drive (1,920 L.F., Phue 3). 3. DIF funded street improvements consisting of grading, stonn drain, base, paving, curb, gutter, sidewalk, medians, street lighting, landscaping and street monumentation within the following rights-of-way: a. Hunte Parkway from Clubhouse· Drive to South Greensview Drive (2,300 L.F., Phue 2). 4. DIF funded street and IDIdergrolDld improvements consisting of grading, and stonn drain improvements within the following rights-of-way: a. Hunte Parkway from South Greensview to Orange Avenue (1,270 L.F., Phue 2). b. Orange A venue from HlDlte Parkway to the SDG&E easement (3,500 L.F., Phue 2). Discretionary Actions Associated (but not limited to) the Protect Area 1. General Development Plan Amendment 2. Sectional Area Plan (SPA) Amendment 3. Modification to the Eastlake Greens Site Utilization Plan 4. Establishment of DiS1rict 94-1 S. Annexation 6. Tentative Subdivision Map 7. Design Review C. Comnatibilitv with Zooin!! and Plans The project Is consistent with the ovenll General Plan, The project involves III amendment to the more çec:ific land use regulations of the EutIake Greens General Development Plan (GDP) and Sectional Planning Area Plan (SPA). D. Identification of Environmental Effects ! An iniÎial atudy conduc:ted by the City of Cbula Vista (lIICluding the ldIIclIed &vironmental Checklist Fonn) determined that the þloposeð project could have ODe or WK:,~7J6.N ~ / '1 -¿.O .... - - .. . .. -':'.. ....' ,', ~ - ..Þ .. . . ..- .. . ....... . - " .- '" " .. .-... -. : .. . ." . . - .. -- . , .. , \' more significant environmental effects. Subsequent revisions in 1he projeçt design and/or specific: mitigation measures will be implemented to reduc:e these effects to . level below significant. With projeçt revisions and/or mitigation, no significant CII~ h ormIartal effects will oc:çur, and the preparation of an Environmental Jmpac:t Report will Dot be required. This Mitigated Negative Dec:1aration bas been prepu-ed in 1CCOI'danc:e with Section 15070 of the State CEQA Guidelines. Specific mitigation measures m set forth in the Mitigation Monitoring Program which is attac:bed IS Attlcbment · A·. The following impacts are those that were detmnined to be potentially significant and are required to be mitigated to . level below significant. A discussion of each of these potentially significant but mitigatable impacts &om the proposed project follows. Acoustics The Initial Study bas noted that traffic volmne on roadways in and adjlCCllt to 1he projeçt site could increase ambient noise to an IIIIICCeptable level. E. Mitiszation necesSITY to avoid simificant effects Specific project mitigation measures are required to reduc:e potentially significant environmental impac:ts identified in the initial study for this projeçt to . level below significant.Mitigation measures have been incorporated into the projeçt design and have been made conditions of projeçt Ipproval, IS well IS requirements of the attached Mitigation Monitoring Program (Auaclunent "A"). . At the time of consideration . of . Tentative Subdivision Map or Design R.eview Supplemental Acoustical reports will be prepared for projects adjlCCllt to Chula Vista General Plan Circulation Element Roadways. At that time the precise elevation of roadways and residential development pads will be available. With this infonnation, it will be feasible to make an accurate forecast of DOise levels and the apfII'opriate mitigation measures DeuS51!)' to reduc:e noise levels to an ~þtable 6S exterior dBA (CNEL). These acoustical reports must be based on 1he latest buildout traffic forecast and must validate the achievement of the 6S exterior dBA (CNEL) 1taDdard. F. Consultation . 1. þdividuals and nrø.niDtions - City of Chula Vista: Roger Daoust, Engin-Îù6 Clift' Swanson, En¡iDeeriD¡ Hal Rosenber¡, Enah-Ìù¡¡ . Bob ScnncU. P...."hI¡ Ken Lanen. Dhectol of B~hI¡ a Housin¡ Carol Oove, Fire Mmba1 Crime r.......dion, Mary1ane DioId.tI- Marty Schmidt. Parb a Recreation DepL Rich Rudolf, Assistant City Attorney .' -~ ,,5 I WJIC ,:'IDØ\ftoANIIDI7H" 1'/-1;/ /; :j "'3,' ~;, ~ --.-.--..-....--.- ....~-----...._---_...- , n , . . -- ..- . '-' n ..' . - - -. . '. . .- - , Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: Gary Cinti Cinti LInd Planning 3625 Midway Dr., 1#292 San Diego, CA 9211 0 2. Docmnents Chula Vista General Plan (1989) IIId EIR (1989) Chula Vista MlUlÎcipal Code Letter dated February 9, 1994 from Bruce SIOIII, Sr. Project Manager, EastLakeDevelopment Co. regarding sewage seneration in sewage basins, improvements IIId fmancing Letter dated February 7, 1994, Dennis C. Bowling, Director Water Resources Division, Rick Engineering Co., resarding the adequacy of drainage systems Letter dated February 18, 1994, Andy Scblaefli, Vice President Utban Systems Associates, Inc. regarding the adequacy of the Tnnsportation Circulation System 3. Initial Studv This environmental determination is based on the attached Initial Study as well as lilY comments on the Initial Study IIId this Mitigated Negative Declaration, IIId reflects the independent judgement of the City of Chula Vista. Further infonna1Ïon regarding the environmental review of the project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 91910. ~~:.I ~O AL REVIEW COORDINATOR . EN , (Rev. 5/93) " WPC.~1J6.M -~ /C¡~¿d-: ,.., - -- . ....-- . ..... .:.... .,,",,0_':__.- "_ ..' ;" _._ ._ .......... ... .... -. - . . - ~. -- .. - , . ~. . Attachment A MITIGATION MONITORING PROGRAM MITItUTION MEASURE At the time of Consideration of a Tentative Subdivision Map or Design Review Supplemental Acoustical Reports will be prepared for projects adjacent to Chula Vista General Plan Circulation Element Roadways. At that time, the precise elevation of roadways and residential development pads will be available. With this information, it will be feasible to make an accurate forecast of noise levels and the appropriate mitigation measures necessary to reduce noise levels to an acceptable 65 exterior dBA (CNEL) standard. MONITORING REOUIREMENT Prior to g;ranting a tentative subdivision map or design review approval, a noise study forecasting noise levels and the appropriate measures necessary to reduce noise levels to an acceptable exterior 65 dBA CNEL is required. .. , .- -y /9- ¡, J 'L (, 'I; ) . . ,- ~ .. ~ -_.." ,'- ~-j " u_ . . . .~_ o. . " >. - '. . - . . ~, !! 01-2 ~ $01 0'-' . $02 I 1'·3 I I I PQ.1 I R-4 MfA OF DENSITY 'llANSFER . ADDED TO VA 1OUNDAK'f CHULA VISTA PLANNING DEPARTMENT C!) APPLICANT: Eastlake Development CO. PIIOJECT DElCIIIPTlON: " EASTLAKE GREENS ADDIIE": NO lADe A"...e General Development Plan Amendment ICALE: FILE NUMIEII: and SPA Amendÿnt l NORTH NO SCALE 18-94-19 /9,- ¿. . . - ...... .... . - .. . . "'. . . ..... . - ....- . - , APPENDIX I Cue No. IS-94-19 ENVIRONMENTAL CHECKUST FORM (To Be Completed By Lead Apncy) BacklrOund 1. NIIDe of ~"vonent: 1I...t1ake Develomnenl Co. 2- Address and Phone Numbel of Pl"j>Oo.ent: 900 ~e Ave.. Suite 100. OIuIa VistL CA 91913 3. Date of OIC'.t'IrIiq: februarv 24, 1994 ... Name of Proposal: Jastlake Greens GDPJSPA Amendment 5. Inma1 Study Number: IS-94-J9 Environmental Impacts 1. Earth. WiD the proposal RSult in: m mIU J:iQ L Unstable earth conditions or cban¡es in pol9gic subst:ructureS7 C C . b. Disruptions. displacements. compaction or ovezcovering of the 1Oi17 C · C c. OIange in topography or ¡round SUJface Jdief featureS? C · C d. The destruction. covering or modification of any unique ¡eo1ogic or physical features'1 . C C . . e. Any increase in wind or water erosion of 1Oils. either 01\ or off the 1ite'1 C · C I. Qan¡es in deposition or erosion of beach . sands. or cban¡es in liltItion. depofition Gr erosion wJûch may modify the c:bannel of . liver or IUeaJD or the lied of Ihe oœan CIr . .y bay. inlet Gr 1Ib'1 D D . . .. ~ut~ ofpeop1e CIr ..."J'fZtY tD poJo¡ic bazards IUCh u earthquIbs. Jand&1idea. mud 11ides. ¡round.faUme. or IimUar bazards'1 D C . " . WIC~Ø\I- --~ /9-¡.Ç .....7 '11/, -..-..-- ,I .-~-----~--_._~-- . -"..._.._~_.._---_.~--- -~- . . ~ & - ~ . - - -. - -- - .' .. ~ . , g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? 0 0 . Comments: The project is proposed for an urbanizing area of eastern OIula Vista. There have 110 fmding of significant problems in the areas of geology soils or erosion. Generalized and more specific substantiation of the geotechnical and soil suitability of the project site is in the City of Chula Vista General Plan FEIR (1989), EastLake FEIR (1982), EastLake SPA I FEIR (1985), Eastlake Greens SPA &. EastLake Trails Prezone &. Annexation FSEIR (1989), and Otay Ranch FPEIR (1993), and other more specific geological and soils repons on file with the City of OIula Vista Public Works Department, En¡ineering Division. There will be some modification of existing topography, however, this is considered very minor and not significant given the Jack of any significant topographic features. 2. Air, Will the proposal result in: m. MAYBE ~ a. Substantial air emissions or deterioration of ambient air quality? 0 0 · b. The creation of objectionable odors? 0 0 · c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? 0 0 · Comments: The San Diego air basin is a non-attainment air basin. The proposed project would result in an increase of 97 units within the Eastlake Greens SPA. The emissions from the traffic and energy generation associated with this project is IIOt significant when considering the overall generation of emissions. On a cumulative basis, the emissions from this project are so minimal they are not cumulatively significant. 3. Water, Will the Proposal resuh in: m. MAYBE m , a. OIanges in currents, or the course or direction of water movements, in either marine or fresh waters? 0 0 · b. OIanges in absorption riteS, clraina¡e pauems, or the rite and IIIIOUIIt of ~ñace nmoft'1 0 . 0 c. Alterations to the course or flow or f100d waters? 0 0 · WK: P:\IIOIIŒII'IA!fNINO\I'/J6.M ~ /9~~¿, Paps .. . . - .. . . - - ... .. . - . - .- .' . - . , ' , . e. Discharge into surface WilteD, or any , alteration of surface water quality. including but DOl limited to tempenture. dissolved oxypn or tUJbidity? C C . . f. AJteIation of die dim:ôon or life of flow of ¡round waren? C C . I· Qlange in the quantity of JI'OUIId wllten. either through direct additions or withdrawals, or through interception of an aquifer by cuts or acavmons? C C · h. Substantia] reduction in the amount of wiler otherwise available for public: wiler supplies'? C C · i. Exposure of people or p.openy to water ~1I1ed hazards such as t100ding or tidal waves'? C C · Conunents: The project site' and vicinity do not involve any affected marine or ftesh water areas, flood wilen, wiler bodies, or known ¡round water. There wD.l be a minor change in absorption me which will result in minor-less-than-signific:ant change in l\IIIoff' (see Jetter from Dennis C. Bowling dated 217/94). ... Plant Life. Will the proposal result in: m l4A YBE .1iQ. L Qwlge in the diveDity of species. or IlUlnber of any species of p]ants (mc1uding uees. shNbs, ps. crops. Ed tquatic: p]ants)? C C · b. Reduction of die øumbe:rs of lilY 1llÜque. nre or ~pred _retia of p]ants? C C · c. Introduction of DeW -fIeCÏeI of pJants Into into III area. III' in a baøier 10 die DOnDal . . apJenisbment of aJsdnJ apociea? C C · d. aeduáioD ID ICI'CIp of III)' .p:aJImIl ClOp? C D · Comments: , I The project lite has been used far a¡ricuJNnl .....~ for dec:Ides IIId pordaas are now pded ind IOØ areas have been developed (tranSfer area). 'Ibis pnera1 area b used as I.aptar lCt'ritory. however. with only .22.7 acre inauIe in SPA ~ this is DOt II¡nIficanL : WIC~- ~ FJ---¿,l ..., I:) » I)' " ',---- -~._-~-,.._-"'._.- . - .. . . - . .. .. .. . .' . . .. . .'. . . ' '. , I 5. ÅlÙmal Life. WiIllbe proposa1 resuh in: m. ,t-iA YBE .JiQ L Clange in the diversity of çecles. or numbers óf lilY species of lllimals (birds. IInd IIIimals including reptiles. fish IIId abeUfish. benthic oraanisms or insec:IS)'1 C C · II. Reduction of die IRJt1Ibers of lilY unique. nre or codangered .~ica of 1IIimals'1 C C · c. Introduction of new species of IIIimals into III IfeI, or result in a barrier to the migration or movement of 1IIimals'1 .C C · . d. Deterioration to existing fish or wildlife habita1'1 C C · Cornma\ts: The project site has been used for agriculNra1 pwposes for ck~elllld ponions are DOW paded IIId some areas have been developed (tranSfer area). This øeneral area is used IS Raptor territory. however, with only a 22.7 acre increase in SPA size, this is DOt ai¡nificanL 6. Noise. Will the proposal resuh in: m. )ßAYBE !i2 L Incruses in existing noise levels'1 C C . b. Exp0$llle of people to severe noise levels'1 C . C Cornma\ts: Traffic volumes on roadways in and adjacent to the project lite could increase ambient Doise to III uriacœptable level. At the time of consideration of . Tauative Subdivision Map or Design Review ,mpplementa1 acoustical æports will be prepared for projects adjacent to Q\uIa Vista Genr:al Plan Circulation Element Roadways. At 6at time the precise elevation of roadways and residential cleve1øpment pads. WidI this information it will be feasible to make III Ig¡u¡. forecast of DOlle levels IIId tile at')."'y,;are miliption measures necessary to nduce DOise levels 1IId1be IIW"'Y'~ mitigation measures neœ"F·T)' to nduœ DOiIe levels to III -~ 65 ate:rior dBA (CNEL). 'Ibese acoustica1 œports must be bued 011 die latest buildoat tnffic forecast and must nli"- die adÜevemeat of die 65 atericr dBA (QŒL) . ....."-cL I , WIC M/"" '"'I'L+JIMINCN- ~ 19-tY ... 10 - - ~ - .. . ..' .. . . .' . . -.. . ~ . . _a .. _.. '.. .-.... ..- ,', , 7. lJabt and Glare. Will the proposal produce m. MAYBE 1m DeW Ji¡ht or ¡!are'? C C . Comments: This is primarÜy . residential project that will Dot produce lilY å¡nificIIIt DeW liabt or p. If there lie lilY unique IOIJJ'CeS pIoposed or ~It,hliclled, Ibe)' will be re¡uJated 1brouab the JlClfarlDlllCe IW\dards ill the }.4.lftitoipa'l Code- I. Lud Use. Will the p".yw6al lauh ill . m.l"YBE 1m aubstanlia1 aJœ:ration of the ¡nsc:nt or planned land use of aD area'? D D . Comments: Tbe proposed project is ill . plaMed commuøity which is intema1ly cc:mistent that assures land use compatibility. The project expansioø areas 1ft withiD Jo¡ica1 boundaries (the SDQ&E uansmission lines and East Orange Avenue). '!be overa11 external compatibility has been assured through c:oordiøarlon with the adjlCellt Otay Ranch, Otay Water District facilities IIId SR 125 alignmenL 9. Natural Resources. Will the proposal result in: m J6AYBE 1m L Increase ill the !lie of use of lilY øatural resources'? D D . Comments: There lie DO other natUral laources JUCh as IIIId IIId ¡ravel 011_ wbid1 would be impacted by the proposed project. 10. Risk or UpseL Will the proposal involve: m KðIB Jm L A risk of an explosioø or the JCJease of bazlrdous substances (inc1udin¡. but Dot limited to oü, pesticides. cbemicals or ndialion) ill the eveDt of an acc;.wu or apset conditicns'? D D . II. Pom'b1e interfaenœ with an -..wcy nspoose p1lll or an e:..-.tIICY CVAC"";"" D 'D plan? . CiNr---.m.: GiveII tile aeådcntia1 ~ of the poject Iben wID be DO .voI." of buIrdoas IDItCria1s above that typical of . _1d...nti.1 land... 'Jbe poject wID J-v.ide adequIIe' , c:Im,1.f'lon in tile cue of the .-d far an C\'IC\1...c- or IIIJICIIIC p1m. , , WJC r.ø1P'1UIIIIIIIfN'IMoM ~ /7 --¡.¡ ....11 ; ¿J 1 .r) 1;/ --"-- - '- - -.-.--.,------. - -. -- - - --- ~ - - "-'-'-- . .. - . --" . . ., . - - ': 11. Population. Wi11lbe proposal &her Ibe location .m J6A YBE 1iQ distribution, density. or pwth rate of 1he human population or an area'! C C . Comments: The distribution. density IIId ¡rowth of housing IIId population in this project are c:oasict~nt with planning for this area. 12. HousiDg. Willlbe proposal affect existing .m };fAYBE 1iQ housing. or create . denwld for additional bousing'! C C . Comments: The distribution. density and pwth of housing and population in this project are consistent with planning for this area. The project will satisfy rather Iban create housing demands in this area. 13. TnnsportationfCirculation. Wi11lbe proposal result in: .m MAYBE 1iQ L Generation of substantial additional vehicular movement? C C · b. Effects on existing parking facilities. or demand for new parking? C C · c. Substantial impact upon existing uansporwion sys1tms'! C C · d. Alterations to present patterns of circu1ation or movement of people anlJ/or goods'! C C · e. AlterI%ions to waterborne. nil or air traffic'! C C · f. Incruse in tnffic bazards to motor " wbic1es. bic:yc1ists or pedestrians? C C · A "Iar¡e project" ander Ibe Con¡eltÌon , .. Mlnasement Pro¡ram? (An equivalent of 2AOO or more .vaIF dlDy vehicle trips , or 200 or more peak-bour vebic1e trips). C C · Cø.dlacnts: The project will not result in any à¡nificant impact to uansponationIc:ircu1aIionIIn (ICe memo from Harold RoseIIbe:r¡. Traffic En¡ineer. dIted 2121194. and Iettcl from AJJJJy ; Sc:hllef1i. Vice President. thban S)'SICIIIS Aøl)t'l-, dIted 2118194). ; WI'C~- ~"/7-70 .....1% - - . . . ,.", 14. Public Services. Will !be proposal have an effect upon or nswt in a œed for new or ahered ¡ovemmentallCrvk:cs in any of the foUOWÌI\¡ areas: . m. JdAYBE ~ L Fire protection7 ~ee page 6 of Appendix m of the e e · Jnhial Study (City Data Sheet·Fire Dept.) and 16 'Ibresbolds L FireIEMS below. b. Police protection7 See commentS in QuIa Vista Police Dept. Crime ~vention Unit, Plan Review secommendaIion dated 2/4/94 and 16 'lhresholds b. e e · c. Schools7 E,ot' ..1r., Development Co. has made the EastlIke projects participate in Community Facilities Dis1ricts in !be Sweetwater Union High School District. and the ChuIa Vista Elementary School District to provide adequate school services in the area. e e · d. Patks or other RCrUtional facilities7 The project will be required to provide adequate community and neighborhood parks to serve the population of the project. See Initial Study. Appendix m. Patks "Rcaeation Dept~ paae 7. Also see 19 Recreation below. e e · e. Libraries7 The City of Quia Vista currently operates a library at !be campus of !be F,ot,lce High School during the hours the school library is not in operation. On a longer tmn basis. !bere is a requirement for a libruy site at Eastlake Village and a development impact fee to finance the facility. e e · f. Maintenance of public faciliDes. includin¡ lOads7 There will be no substantial or unique impact ell the maintenance or .ElI public flCility as a nsuh of the mJnimal increase in USIF due to dIis project. e e · ¡. Other ¡ovemmentl1 1Crvk:cs7 Other ¡ovenu..ual apncIes were notified and contacted durin. the 1nitial Study; DO other porentia1 impacts were identified. e .e · 15. EDerø. wm the 1'",poaI nsuh ill: m&mm L Use of substIndaJ .....m of fuel or ener¡ý1 e e · .' , WJIC~CN- ~ /7-7/ .... 13 J t J "i :..) ? - - -- -~._~..__._---_.__..- --.-- _.-~_.._-----"-,,---_.....__.__.. . _. ' .- ...". .. . - . - - .... ... _. . ",' _.- .- . ,.". . _. - ,,. ~ - --. - - , . b. Substantial increase in demand upon existing sources or energy. or œquire me development of new sources of energy'? C C . Comments: The project would result in a minor incIwe in energy œquiren1ents typical of a primarily residential project. This wiJl DOt resuh in a IUbItantia1ase of fuel ar eœr¡y DOl new sources of energy. 16. 'lbresbolds. Will the proposal adversely impact m }ðAYBE m the City's Threshold Standards'? C C . . Comments: AJ described below, die I'IU~ project dOes Dot advmely impact 8IIY of the seven Threshold Standards. A. FiRlEMS The Threshold Standards requires that fire and medical units must be able to æspond to calls within 7 minutes or less in 85'Æ> of the cases and within 5 minutes or less in 75% of the cases. The City of O1u1a Vista has indir""" that 1his threshold standard wiJl be met, since the nearest fire station is one mile away and would be associ-·..d with a 3 minute ruponse time. The proposed project wD1 comply with this Threshold Standard. See Appendix m to the Initial Study. page 16. B. Police The Threshold Standards œquire that police units must respond to 84'Æ> of Priority I calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10'Æ> of Priority 2 calls within 7 minutes or less and maintain an average response lime to all Priority 2 calls of 7 minutes or less. The proposed project will comply with 1his 'IbreIhold Standard. See comments in O1u1a Vista Police DepIrtmmt Crime f).,...dÌœ UDk. Plan Review JtecommendaIion dared 2/4J94. " C. TIaffic , 1be Threshold Standards -.... dIat 111 intenec:dons IIIIJIt _Â . . Level of Service (LOS) "C" or beuer, with the aœptÏotI tbIt Level of Service (LOS) "I)" may occur durinl the peak two hours of _ day. 1i¡na1izêd intmeedotlL Jnlcnectioos . west of I-80S are DOt to opente. . LOS beJow tbeir 1987 LOS. No .........ctiOl' may reach LOS T or "F' durinl- avcra¡e weekday peak hour. lntaIecdons of anerials with fleeway ramps are eumptecI from 1his Standard. The l""poICd project ! wiJl comply with 1his Threshold Standard. .wc:......~CN- Þ /7'- 7'?' .... i4 . -" - . .. . . .' . .' . .- . . . '. .. - . . . .- ,-- .. \ ' . . Tbc project wDl not mult in any significant impact to uansponationl~ (see memo from Harold Rosenberg. Traffic Engineer. cIased 2121194. and 1dter from Andy Schlaefli. Vice President, Urban Systems Alwi....s, cIased 2/18/94), D. Parts/Reaeltion Tbc Threshold Standard for Parts IIId Recreation is 3 aesIllX1J popaJation. '!be proposed project will comply with this Threshold Standard. Tbc project will be required to provide Idequate community and øei¡hborilood patks to Im'e die popu1aIion of die project. E. Drainage ! Tbc 1'hreshold Standards nquiJe that storm water flowsllld volumes not aceed City Engineering Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Plan(s) and City Engineering Standards, The proposed project will comply with this Threshold Standard, See Jetter from Dennis C. Bowling. Director Water Resources Division,m lück Engineering. dated 'Vl194.; memo from Roger Daoust, Sr. Civil En¡ineer. daIed 2123/94. f. Sewer The 1'hreshold Standards require that "wage flows and volumes not aceed City Engineering Standards. Individual projects wDl provide necessary improvements consistent with Sewer Master Plan(s) IIId City Engineering Standards. The proposed project will comply with this Threshold Standard. See letter from Bruce Sloan. Sr. Project Manager. Eastlake Development Co.. daIed 219194; memo from Roger Daoust. Sr. Civil Engineer. dated 2123194. G. Water The Threshold Standards ~ 1b118dequI!e øøraae."" 1...er>t.1IId tnIIIIIIissiOll fIci1ities are c:onstrUCIed conc:urrently with pJpftM powtb - IbII WISer quality Itandards are not jeopardized during powth and CØllàUCÓœ. 'DIe 1'""'1' DIed project . will comply with this 11øabold StIDdard. Applicants may 11s0 be requiJed to panlcIr- ID wbItever WISer c:ailemdon III' fee off... pro¡ram die City of Qm]a Villa lias iD IIIfec:t . die lime of IIaDdin¡ permit Iøuanœ. 17. Human Health. WID the poposa1111ult in: m }fAYBE )iQ L CIeaDon of any heaJth baørd III' pocrJOtl.1 IIea1th baørd (el<,'"di"g menta111ca1th'1 D D . I . WIC~CN- ~/')-?} ",15 ¡j2 ').... : -,.----_. ..-"-.- . - . - -- . - ~. ~ .." .' .. to .. ~ . ." .' . .-.. . "-.'. . " .... '- · ,. -' . , .. - . .' - , , b. Exposure of people to poIeIUial health bazards'l 0 0 . Comments: The project site nor the operation of the project would rauJt in III)' ai¡nificIIIt bea1th hazard or III exposure to IUCh . hazard. PkIse refer to æfcrenœs in .1 above. 18. Aesthetics. Will the plUyuaal result in: m. æm El L The obstruction of an)' ICCIÜc Yista or view open to the public, or will the proposal . result in the creation of III 1eStheâca11)' offensive IÎte open to public view'l 0 0 · b. The destrUction, or modificIzion of . scenic lOute'l 0 0 · Comments: The project will not obstruct an)' public view or visw. create III)' demc:llStl'able Deprive aesthetic effect or. It this level of Rview. impact. scenic route. 19. Recreation. Will the proposal RsWt in an m. WYBE El impact upon the quality or quantity of existing secreational opponunities? 0 0 · Comments: The project will be required to meet the nøeational needs of its 1akIents in accordance with City park standards which include øcrutional facility standards. 20. Cultural Resources. m. &In El L Will the proposal rauJt in the lberation of or the destNction or . prehistoric or bistorlc 1IrChIeo1o¡icallite'l .0 0 · .. b. Will the l"uj'O$al rauJt in advene , physical or aesthetic effects to . pehistoric or biItaric buiIdin¡. IØUCtUI'e, 0 '0 or object'l · Co Doea the l"uj'O$al have tile puc",..:.:J to CIIØe . ph)'llcal c::hanp which wouJd D affect unique ethnic cuIÞJral values? D · d. Will the ¡uuposal restrict aiItin¡ \ aeli¡ious or sacred uses widIin tile D poIeIUial impact area? 0 · : wtC~CN- ~ /5-;;1/ ... 16 . - . - . . ,.. c. Is the Ife8 identified on the City'. . General Plan EIR as IllIfe8 of hi¡h potential for 1rCbeo1o¡ical n:sources'1 C C . Comments: See Section 5.2.3 (pg. 5-3) of EIR-B6-4 (Sch: 86(52803). 21. Paleoatololic:aJ Resources. Will the ....,rOS&l result ill the m~EQ alteration of or the delauction of paleontological RIomœs'1 . . C C . Comments: See Section 4.7 (pg. 4-75) of EIR-86-4 (Sc:h: 860522803). 22. Mandatory FlDdÎDI5 of Sipifiaance. m HAIü m L Does the project have the potential to degrade the quality of the environment, aubstlntially reduce the habitat of a fish or wDdlife species, cause . fish or wDdlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the Dumber or nstriet the range of a rue or endangeœd plant animal or eliminate important examples or the major periods of California histOJ)' or prehistOJ)''1 C C . Comments: . ÂJ has been Doted above in this checklist, the IÏte is yoid of lilY biolo¡ica1le1oarces IIId therefore, would have DO significant impact 01\ any of these raources. CuJtural æsourœs (prehistoric IIId historic) have been previously miti¡ated IIId DO further aclÏOII is Deceslll')'. b. Does the project have the potential to adúeve ahon-tmn goals to the disadvllltlle of long- term, environme.nW goals'1 (A sbon-œnn impact 01\ the environment is one which oc:c:un ill . mlarively brief, definitive period of time, whDe Jøng-œnn impactI will eødID weD into the future.) C C . , c.-.~...ødC: 'Ibe 11......- ...~jec:I coafmm to tile 0m1a Villa 0eDera1 Plan IDd dIerefcn. tile poject compliel with the Jon¡ IIInD JOI1I of the City of QmJa Villa far tile .. ~ ¡ ¡e; ~ 75 ....17 11£ WI'C~7MJ06 ~ . -; L1 ) .._~-- ------.-- - --~-~~ .< - , c. Does the project have impacts which Ire individually limited. but cwnu1atively considerable7 (A project may impact two or more separate resources where the impact on each resource is ~latively 11III11. but where the effect of the total of those impacts 011 the environment is å¡nificInt.) C C . Comments: Tbc project impacts Ire 10 1;",1.'" to preclude III)' Ii¡nificInt camu1Iûve impIcL In Ibe case of air qualit)' impacts. the increase of 97 units. or a muimum of 970 ADT, compared to the aisting. IIId approved units Ind ADT, the impact is aWúmalllld 1èu than ai¡nificant. Also. thc site is void of lilY aignifu:ant biolo¡icll III' c:ulnnl reaourc:es IIId pate0nt01o¡ica1 resources will be fully mitigated. . d. Docs the project have environmental effects which will cause substantial adverse effects on human beings. either cIircct1y or indirectly7 C C . Comments: At the time of consideration of a Tenwive Subdivision Map or Desi¡n Revicw.mpplcmcntal acoustical ~ports will be prepared for projects adjacent to OIuIa Vista General Plan Circulation Element Roadways. At that time the precise elevation oflOldways and œsidential development pads. With tIùs informarion it will be feasible to ØIIkc IIIICCUfIItc fÓleCISt of Doise levels and the appropriate mitigation measures necessary to øduce Doise levels and the appropriate mitigation measures necessary to øduce DOise levels to III acceptable 6S exterior cIBA (CNEL). These acoustical ~ports must be based on the Illest buildout uaffic foœcast and must validate the achievement of the 6S exterior cIBA (CNEL) 1W\dIrd. : . , , .' , WIC~CN- ~ J7)~7? ....11 .. - . - . .. . .'. . , . Mitiption Measures (1'0 be compJeted by the Applicant) I, IS fIWfIer/owner in escrow ° &lJ~€. M. 5(.0#111,/ S~. TR,,~ hkIt EIf<;rr"(¡¿£ '7>11/ GJ, Print name or I. caasuhInt or a¡entO ~_......_.._--- z: /Z~ ~'I' Sïgnarure Date DetermiDatiOD (1'0 be compJeted by the lad Agency. Cleek one box only.) On 1be basis of this initial evaluation: C I find that the proposed project COULD NOT have a Ii¡nificant effect on the environment. and a NEGATIVE DECLARATION wiD be prepared. . I find that although the proposed project could have a å¡nificInt effect on the environment. theJe wiD not be . significant effect in this case bec-··e the miti¡ation measures described on an attaehed sheet have been .sded to the project. A }.QTlGATED NEGATIVE DECLARATION wiD be prepared. C I find the proposed project MAY have a siJ"lfi...'It effect lID die .."b···-t., IDd an ENVIRONMENTAL IMPACt' REPORT is øquirecL ;J.J ~/e¡ '-/ . ~ ~..:JI-(~~ L - . - Enviroamentl1 Review . . Date '"Jf1Clin¡ far a carporatiOD. tnr...... Clpllåly IIId .......4>MIy aame. ( ~ WPC....,,~- rJ7~?? ... l' 0 ,1 ~ I )I _ -+..-,..+..-..----- _.,.___w_____.. ___~_.~__._ __._.._.'._ -- -- - - -"- . ..... .. - . .- - - '. . - '. ". --' - .,,. - -..... - . .- , . Case No. 7~- q ~. I~ APPENDIX D DE MINIMIS FEE DETERMINATION (Qlpter 1706. StatUteS of 1990 . AB 3158) . It is hereby found thal1his project involves no J'C*"ti.1 far lilY Idvene effect. ålher individually ar cumulatively 01\ wildlife resources IIId thai . "Ccnificate of Fee Exemption". aha]] be pzqIared for 1his project. It is hereby found chit 1his project cou1d potmtially impaI:t 1riJdlife. iDdividuaUy ar cumulatively IIId therefore fee in ICCOrdance with Sec:ti"'1 711.4 (d) of the fish IIId Game Code shall be paid CD the County Clerk. ~_s. ~e ~d ~e.;:,'~.~ ..Þ~~ -'It.. ~'Q. ~C1' ~Lo."," ~~ ~,., ~::)~~~~'" ~\o.C'\. "-é' !. ;./(.1 e, ,f) ~) ~~¡-/'7 I{ Environmental Revi w Coordmltor Date - . " WI'C~CN- ~ Il-lÝ ....20 - - - . -' . '\ - . . I . CucNo. t&·q~-J'i APPENDIX Dl CITY DATA SHEET PLANNING DEPARTMENT 1 £mmIt %aninI! on site: 'i? c.. (~~ -"":'~ Nonb . ., . South h . I. East " II West ~ " Does the pro~ conform to die _....4 .wn'?-f~ ~ ~. ~;~~ ~ . JL ~.......~~~~~-t::-j~ft;~:r:j;:; .:~~ South East .:u..,,- h".~ _I~-c.;-'í _...~7_~ â-(, 1)cJ~ West ~ ;"'r. II II . It ~fJ,1M " I ~~ . Is the project compl%ible with the General Plan Land Use D~?--S ~ - Is the project am desiJllated for conservation or open aplCe or aðilŒ1t to 11I11'II10 dai¡nated? ~...-- Is the project JocIWl adjacent to any scenic routes? ~~~"'_~.. .~;d" m. ;. '~~~. ·~·~.I4J... ~hoo1s .. If the proposed project is residential. pJease comp1e&e the foDowin¡: sÞ·"-ftlC . UDIIs 17 -" 0eDeraIId J¡bgg1 PDlcltv JnrbII1IIent ".4_ I.A JK!trItl ~ ,. __..., iJ.....·,,~f . - - ·7 .10 2," IIIaIar Hip ~V'..;~ 'I' .31 ~V ....HIP ~ '17 . .10 .0 IV. ~:!,~1;1- ;'~~~~/~ ~~ ..::.~.I/ ~?-~/1f!( --- (7/ ~ ....1 ........~~,..4ì~...tw....)_....) /9 -?</ ") --------_._~.- - -- - - - ~--_...,-_..._~_..........- .. . .-'. - . . -' - -..... .'. ~-' . ..- ,,' ~. .. - '. . ..- - '- . .... - - :,.. .. . - . . . . . " , . APPUCATlON CANNOT BE ACCEPTED UNLESS SITE fOr óffij~~~" PLAN IS FOLDED TO m INTO AN 8-112 X 11 FOLDER $;~~I.-' .æ- INITIAL STUDY '~~o;.·. .þate'.d. . ~ '~b .... City of Clula Vista ~~ject~~!F1:~ ': ~':Ii9,;;~ðG. 0; . AppJicldon Fonn . No····"" ;·.·ù··.· '.\; A. BACKGROUND . : '.'.t;t;Ä'~~ No~". ...'. < ,;~.~ .::~,; . .;,:;:;':' ":'~-' " <':.~.":; rw~~. 1. PJOject Tille Eutlake Greens GDP /SPA Amenðment :-;';: ..", "-"";y ;..-........:~,¡... ,:-~~i' :'';',; ':.~':<;: 2. . PJOject Loc:Ition (StJeetlddress or description)Eut of SR-125, North of. . Orange Ave, South of otay Lakes Rd./ ~ele9raph canyon Ra., . and West of Hunte Parkway. Assessors Book, Page It Parcel No. NA .' 3. Brief PJOject Descripûon ~he project is a transfer of D.C. within the existing Eastlake Greens SPA (no net increase I ana an expans~on of the SPA boundary (22.7 ac and 97 dU).Refer to attached Project Descril .c. Name of Applicant Eutlake Development Company A4~s 900 Lane Ave., Ste. 100 Fad 421-:1830 Phone .21-0127 . ~~ Chula Vista State CA %Jp 91913 5. Name of Preparer/Asent Gary Cinti - Cinti Land Planning ~s 3625 Midway Dr., '292 FIX' 223-5108 Pbone223-7.0B· ~~ San Diego State CA Zip 9211'0 . Relation to Applicant Land Planning Consultant 6. Jndicl1e aD pennits or approvals and enclosures or doc:.AlleßtI øquired by die Environmental Review Coordinator. L Pennits or approvals required. _ 0eDe:raI PIaD AJreNI"ICIII ~ DcsIp Review AppIÎClltion _ SpeeUIC Plan .Jt-1tczoœIPraone . . TllDWive Bubel. Map . ~ ClDlldlIÎCIIII U. Permit _ 0ndiD¡ Permit _ItedcYeIoV'OM\I Apacy OPA _ VariIDce ~ ~ Pan:cI Map _RodeYelOl..·_~1I Apacy DDA XOoo"\I~ _ Site Plan &: Arch. Review _ Public Project OIlIer Pamit ~ . ___ SpecIal U. PI:nalt +Ñ-1tfl!on . - . Ifproject Is . Gcnaa1 Plan Amendment tiIIðIOlI~, pIeae IndiCIIe die cbIn¡e In dell¡nIdon from to . . b. Enc1osw:a or documentS (as ~ by die EnviranmeDtal RevIew CooIdiDator). . _ 0ndiD¡ Plan _ ArdL EIevatlœs _ HydroIoaIc:aI Study . ( _PIrœI Map " _ Llndsctpt' PIIIIs _ BIoIo¡Ic:aI Sludy . . _ PrIcise Plan _ TllDWive Subel..Map _ ArdIIeOIoIIc:aI Study _ Spec\lic Plan :rVCIßICIII PIaas _ NoIse AIIII "ICIII _ TnD"1C Impact Report - Report _ OIlIer ApIt::y Permit . _ Haiatdous WI5Ie "IS ~ - OcoI~c:aI Report /9 _? C~OIber Project DeaC?r1pti - .~ . - - .. , . . -. . .... . .". . B. 'pROPOSED PROJECT . . . 161.4 (amenð. area) J. .. Land Area: square footaBe or 8CIUIe f!§:\ _:2 tSPA area) . If Janel area 10 be dedicated. -II:IU¡C . ~e.. . . b. Doea die projea involve die CICIIIIU'UCtion of _ 1IuiIdinp, ... wW aiIdn¡ Itruc:ture be ."m7~ Yes, .ee Project Description. . 2- Compleae Ibis 8eCIÏOO. if project II reddenda! or mixed use. . . Type of devdop~' Single FamD)' ___Two FaraD)' ~ Multi FImiJ)' .. _ Townhouse _ Coadominium . II. Total number or ItrUcCureS 2871 reslðen'tial du p&l"IIIitttel! Co Maximum hei¡bt of'lCJ\IC:Ima .aries per P.C. District .equlations cL Number of Units: 1 bedroom .J!L 2 bedroom .J!L . . . 3 bedroom '.J!L . <4 bedroom . .J!L Total UIÜts W!. Co (boss densit)' (DU/IOtIl acres) ~.. . f. Net cIeIIsity (DUltotaJ a::res minus .)' dedi"";9n) 6. 6 .. Iistmwed project popuJation to be determinel! II. EstimIted .. or RIúI1 price nn;e to be detel"llllned to be detel"llllned .. L Sq~ foota¡e of ICnICtUre . j. PcrœÌIt of'lot covua¡e by buiIdin¡s outnx:tures per P.C: .equlations k. Number of' 0IHitc putin¡ Ipce$ 10 lie provided Der P. C. .eCNla tion. . L Percent of IÏte in road_ paved lWface t:o be detel"lllinel! X Complete Ibis leCtion if project II commercia!, or JÐshmaiIl or .IIIÏIs!It.JI& . .. T)'JIC(s) of'land use II. FJoor .. HeI¡ht of~) Co Type' 01 coostruc:tioa aaed in Ibe IIrUCtUre . . do Ðcsc:dbe m¥Ir 8CCeIS poJnIIlO Ibe 1InICIUIII8Ml1be ....I&I~ 10 1ItioIaJaa...... . aÎId ItIIdS . . . . . .. Number of CllHite pIdr:in¡ Ip""W JIC"ñded . f. Eadmated awnber or empJo~ ,.ø . Number of' Ihifts Total .. &wn.red Dumber 01 CUltCIIIICØ (per day) IIId _.. of tIItÏmIIe . . . o· '. . . ,--)Pi: - /9-g-/ . i '1) . ., C' . . ..-.. ? / ..OF.J---JII..NtrrI'ØGITIW....,.......___ tBlaM\,.J ......, -_.~ ---------_.__...__._---_._--,-----._.~~~--_.- , .. . h. Estimated number of deliveries per day i Estimated range of service area and basis of estimate j~ Type/extent.of opezations aot in CIIclosed buildings .k, HOWl of operation . 0 L Type of c=nor li¡htin, , . )(.. . .lfprojec:l bother than œrVLo...ti.,. --....:ill or ~ complete ibis -=011. ' L Twe of projec:l 0 .. " . .- " . 0' . b. Type of ""i1i,;~ provided 0 . c:. Sq~ feet of enclosed IUUCtUrCS 0 d. Height of SU'UCtllre(s) . åwtimum e. Ultimate occupancy load of project . f. Number of on-titc partin¡ Ip.cer to lie provided .. Sq~ feet of road and paved IWfaœ:s . b. Additio~ F?jec:I c:hmcteristics . .. . . C. PROJECT CHARACTERISTICS 1. W"Ù! the project be Rquired to obcain . penniI throu¡b the Air PoDutlon Caatrol District (~)? 'No. . . .' 2- Is iny type of ¡radin¡ or. ucaYltÏoa of Ibè JlfOrltY ..,I.cir-""'" y~ ba.eð on future If ,es. complete ~ foDowin¡: 0 . tta~.. L f(t'n";", crenches to lie IleckfiDed.IIow an)' .cubic JIIds of ecth ~ lie ucaylted? ftA , . b. How 1DIn)' cubic JIIds of fiB wDJ'1Ie placed? ItA . . . . . au. c.. How muc:h .. (sq. ft. or ac:œr) wDllIe plied? do ~ wDIlIe Ibe: ~ depdI of cut au. . 0 0 'Awnae depdI.of cut itA . 0 . . MWmam,depch Of fiB au. . o' Awnae depch of ftD itA . . 0 . &V~ J 9 ..-'g'd)-.. ..,., . WII:If.'- ._D~åIoo\..CIot __Clot IllUlJI - - . ," . - .' . . .' '. . " . '. . -...- - - ...-. . " .. - . ( 3. De.saibe' all energy consuming devices which are pan or the proposed projea mid the type or energy used (air c:onditioning, elcaric:al appliance, beating equipmeÌlt, etc.) N~~.' ~~~fð~ntiBl .nerav use. ... INIK-.~ Ibe aaount or IIIbIrIJ opeD IpIœ Jbat II pan of Jbe'project (sq. ft. 01' 8CIeS> . None. . '. . 5.. If rbc project wDJ JeSUh ill any empÌoymem (,~ describe the _ ad type or these . . jobs. Construction relateð·jobs. . . . . . . 6- Will hi¡h1y flammable or ¡ioce:ntiaUy explosive IIIIICrials _ .blra.Ä..« IIIed _stored within , . the project lite? NA 7. How mIIIY ~ automobile trips, per day, wDJ be þ_~ by the project? None in excess of those aðdres.ed in prev1ous'EIR. . . . .. Dcsaibe CIf any) off-liteimprovanaus 1IOÒe1n')' to imp","-=,,' the project. ucI tbcir points or '.-=SS or c:onnec:tion to die pÌvject sire. Improvements w.11~ but DOC u",;'''(J 10 Ibe fo1loWïns: 'DeW sa=u; IUeeC ~enin¡: eatensioD or ps, eJeêaic. _ IeWeIr JiDa; cat 8IId fW sloper. and pe«sa'Ïan and bicycle f-coJ;*, None in excess of ~ho.e previouslY' identified for EastLake Greens. Ir@f@T ~ð ~A.~LA~~ C~~~n.~~~p).. . D. J2ŒRIPTION.2f..ENVtROmŒNTAL S~ .' . 1. .~ . Has a ¡eø1o¡y study been conducted ÓD the ,.~ Ye.', ... ...tlake Green. EIR. . (If~' plase aUac:b) . Has a aoUs npon onlbe projec:llite 1leCll1IIIde? Ye.. ... ...tlak. Gr..n. EIR. (If,., phat attaðo) . . , . . . . 2- JbdmIm . . Aœ any of Ibe foDowin¡ featwa ptuent on _ adjIceat to Ibe lite? . (If ~ aplalll in cIeWl.) ... Is dIere any IWfIce evidence of alblDow pound ... .? Ro. . . ," .' . . /5- Y:J Ii. "",~ ~7 - - .--....... ~i . WJrOf.J~~...,_. ~..usCIIC;.....CIIt....) -f!"7- . - ~ --. _ _ _ n__. . .. _... .< -- .- -.... .. - . .... - " .. . . - . b. Are theze any watercourses or drainage improvements on or adjacent to the site? In Ðre~iously approved facilities. c. Does runoff from the proj~ sÌle drain direcIly in to or towll'd . domestic water supply, Jake, raervoir or bay? No. d. Could clraina¡e from the site cause erosion or IÎltation to adi&eent aas? Potential exists but would be aitigated by condi ion. to ~utureT.T. map , . Co besaibe aD draina¡e '-i1l';~s to be provided and their location. '1'0 bê determined bv future .ubmittals and previously approved tract aap. 3. ~ . L Are there any lIoise ICIUrœ:I in die project Yicinity wIúch may impaCI1he project site? . No. Future arterials may impact .ome areas. , b. Will noise from the project impact any sensitive receptors (hospitals, lCbools, single- family residences)? No. 4. Jliolorv L Does Ihe site involve'any Coastal Sa¡e Scrub veptation? No. b. 11 Ihe proj~ sÌle in . natural or panially natural ~e? No. C. If yes, bas . biolo¡ical survey been COÏIducted 011 Ìhe property? Yes y No (Please attach a COpy.)Refet to previous EIR. d. Describe all tRe$ and vegetation aalhe site. Jndicate Jocation. bei¡bt, diameter, and species of trees, and which (if any) will be œmoved by the project. s~ te is .emi- developed with remnant. of previo~. dry farming cattle grazing on. the remainders . 5. ~ . . L Are there any mowø bistorjcal or 1ICheo1o¡ical1lllOW'Cel Ie : .1"" 011 . near 1he project aite? No. . b. . Are there any known paleoatolo¡ical niources? No. C- Have there been any hazardous materials disposed of.1tored 011 01; near die project site? No. . 4. What was die land previously ased fOI'7 Dry farming/Cattle vrazing . ~ - -~ /9~fši - . - .. ,. . .. . . 6. Current Land US~ a. Descriœ aU ltrUc:tuæs mid land uses currently ea.isting ort"th~ projea lite. *·See answer below.. b. Descñœ an ItrUCIure$ IIId land uses currently ea.istinJ on IIdjaccnt property. Nonh ..sUake Busine.. Center' . . South Vacant Otay Ranch - Future development . East Vacant - Future ~astlake Neighborhoods West Eastlake High School/COmmunity Park and Future aeve¿opmer . 7. ~ocial Ñe tÍaere nûdents Jeo.r.e on parclls ~pose~ .!J.r an increase . .. . L CI)' on" 10, 11IIII n units. b. Ñe cbuc anY cuna,t emplO)'lllCllt opponunhies on lite? 110. If ~. how 11IIII)' and what type? . ." 8. PJcase provide &II)' other ånformIdon which ma)' assist in the evaluation or the ,.~ "project. Sites have been fully evaluated in Eastlake Greens SPA EIR and recent General Plan Amendment EIR for Land Swap areas. See also attached Project Description for add1t1ona¿ aa~a. . - . . ··Answer to 6(a): Construction/structures exists on approx. one-half . of EastLake Green~, Parcels proposed for amend- ment with existing structures are only being ". amended to reflect existing conditions with no . . increase in units. . . . . ; .. . . . . . , . . . . . . . ~ . . .-/ -,d . -$: /~-J') ~) .' ",,:.¡..I-F~IW¿Urw__CIot-.u1 .... , -,-~-----"_.... - ~ -- .. .10- . ...._. ... . -. . . '-" - . -. - . . . \ . . E. CERTIF1CATION I. u fIfIDItl/flWMl in escrow· ~A..]Åiê "DeveloÐment Company ~rue. Sloan. Pro1ect Manager . PrinlIII1'IIe , or . J, cœsu1tant ar agent· . Print ume HEREBY APf1RM. 1ba1 to the best of my belief. the swemems and information IIerein cauained are in an . . Japec:ts trUe aDd correct and that all known information cœcemin¡ the project and lis aeuin¡ hu been int¡¡Ced in this çplication for In Initial Study of possible envïrorunental impact Iftd lilY enclosures for øachments thereto. . . ~ 0wncr/0wDcr in Escrow Si¡nature or ~ ar Apu Si¡nINre . , . it IJ/~tf . . I ' I>IIÇ . . -If acœ, for . c:or¡)intion. include caplCÍty and company name. . -~ j-¿J -'i)þ --_...~ . . .. " . - - , . INITIAL STUDY PROCFSSING AGREEMENT Name of A¡g1iclnt: Eastlake Development Company ~ . 00' Lane Ave" 5te, lUU !'bone 421-0127 ClIy. Chula Vista SIIIe CA %;p 91913 Name 01 AIIIharizeIS R..t- ¡ .IIIM (lfIiJllllOl'Y): "rut!1! Sloan . . AcIdrea:= ann T.anÞ aVÞ _ t::~@ 1 no PlIant ~'1_n'~., City . ,.........,. ".. e~. SIaIc CA Zip 01g1] A¡r~t p..1~· DIpaIIt Amount S 7 5 0 , 00 , 11Iis ~oÞCI\loCIIt r~ IIet..MII the 0., olOula Y......... -....4--Wpo,~~.wion raIJ") - IIId the rar-med çpJ;N'It far. IIIIIiaI Study r A¡ip'~ IIfecdve . 01 tIic "'11 -, ÐIIe III fanII aDeM, Ii' --1riIh IIfIl'lllCC to the foI1owinl facts: Wbercas. the AppIiCllllt lias applied to the Ci., far IllIIIIIIaI SIUðy or the type afcnnlClCllCecl rJDiIiaI Studyj wbich die City bas required to be obCainecI . . CIOIIdiIion to perIIIÍIIÍIIl tile App'fto to deftIop . p¡n:d fJl...~ and. Wbercas.the CiIy wW iIIcar ~ in order to poocess SlId JnIIbI SIIId)' duaa¡b tile ..io.os .....1I-.4b IIId Wan: die Ylrious IIoInSs and CIOIMIIssions fJl tile CiIy C'f\¡ ''11 Sa deer"): and. Whereas. the JIIIIPC* fJllhis t¡.ocmcnt is to n:imbune the City fer aD CIoJI .. ..-"It wID iIIcar ill CDIIIIediaI willi proridinldle "_inl Scrriccs; Now, lherd'ore, the p¡rtics do IIcreby a¡rec. In lIICIIInae far Ihe ....... ...iIII ... -*Ünod. . IOUowI: - 1 Appliclnt', Duty to Ply. . 1bc Applicant IIWI IIY all or the 0.,', 111II [.... 11-,.4 in pvvIdin& Po [ r I .. s.mœ allied to II'PliCIN', Initial Study, incIudinl all fJllhe 0.,', direct IIId 0WIbead CICIIÙ IÛIIId IIIenID. 'Ala duty 01 IIIc AppIicantlhal1 be IIfcmd to linin . the ·A¡irllNltt', Duty to Ply.. A. App!iclnt', Deposit Duty AI paniaI perfGrIIIIIICC fJl tile ItW' ". Duty to ...,. .. A¡JrM 1& 'IlIaD ..... tile MIOIIIII .r-.cClellCld rDeposlI"). . . I. 11Ic Dry ahaII cIuqe III lIwfal ei,... 11-..4 In pnMdInJ PI. L I '1 Scu': 'apinIIlhe AFPJiefrII'. ~L II, arw IIIc ClllllClUIiOII fJl to . ., tile AppIic:Mt'. 1II1tia1 Study, MY ponIan fJllhe ~ Dill ~ the CiIy 11IIII...... aid IIIiancc to Ihe AppIÖtoM\t wiIbouI ...... diInCII. II. cIarin& the Þ j , ., fJl tile AppI'---". JaiIIII Scully, the IIIIOIIIII fJl_ DcpaIIt\Qcomcl ahIuIIed. ar 1111II11I/- 'IJ lIbIy to to-: e "lIIIed In the apInIan fJltlle City. aponllGdœ fJI-1I1 the CIIJ, tIIe~ aIIID . Ionhwilh ......Ide audI IdditkJIIII depaIIt . .. City IlIaD w......· . nr .tIIy . I to -'- to ......ide '" I ... ..... De duty fJI .. AppI....... to 1IIIIiIII)' dIpoIItllld to tuppIo .... aid depoIIt . ""1IqIÛIed IlIaD be ..... . .. ·Appllcant'. DeposIt DuI)"', D. 01)". Duty . ," 'ne CiIy IhaII. apon'the eondItIoIIlhalthe Jtw1....... It _In ..... ollhe ~. Duty to"" ar die App'Voeit'. DepaliI Duly, _ aood fIIiIh 10 ...~.Ide pi! ''1& aer; , III nIaIIoII to the ~'-II" JnItiII ,>') . Stud)' IppIiCllion. -~- J tj -8" 7 .í'-Ø - - _ _ A a__. _ . .__. .-...- Puel -----..- - f . . . It.. The Cily sball hIIvc no liability bueunder 10.œ Applicant for.œ failure 10 process die Applicanl's Initial Study çplicaLion, or for failure 10 proœss die App\icanI's Initial Study widún die lime frame req\lC$led by die AppIic:anI or llÛllWed by die City, B, By ,·_tiooI ol Cbis .......1IIc Applic:lnllballlaaw ., d¡ht 10 dhct or 0IhcrwIIe Influence IIIc conduct oldie JniLia\ Study for which die lpp1ic:ant Ills Ipplied. 'I1Ie City 11II1\ .. lis diøeIion ill CYIIuItin& 1bc Aß'!"'-II'.1IIILiaI SlUdfapplW-w, wiIboat npnIlO 1bc ~IcInI'. pomiIe III pi)' for 1bc PI ¡ , '1 Senicc&, 11'. -"'~Ion ollll8 ~ m. aanedies It.. Swt~nlE~ olP.~ .. ..c.I101gø iii .u DIller ri¡h118IId ._ ~. wIùc:Ia 11I8 City IbaII 0IberwiIe M¥e _law II' equity, ., Ibc City ll&l1he ri¡ht 10 hi! ~ rIIð/or wIIbhoId the... ""1 olthe 11111ia1-51Udy wIùch b die IUbject m:IUer Òf Cbis A¡reemeDt. . well . Ihe Initial SIDdy wtaich may . the IUbjecl__ of , lilY other Pamk which ApplicanlIIIs before Ihe City, . B. CiYil CollectIon III llldition 10 111 other rilhls and IeIIIOdia wbich IIIc City å1I OIbe:IwiIe M¥e .u IIw II' equity, die City has die ri¡ht 10 COUecI .u IUIIIS which _ or ~ IIecome due IIenundcr by civiJ 1CIion, IIId upon institutinlliliption 10 c:oIIcc:I -. the prevaiIin¡ pari)' å1I . _tl...... 10 .-.....·"Ie aøcmey's fees bad c:os\S. IV, I&ceIIaneous A. Notices - All DOIices, demands or requests ~ for or permlaed 10 .,1_ ,..,_1110 IIùs Apeement . lIIust . in wriLinl. All DOtices, demands and requests 10 . _110 ~y pari)' IIIalI . deemed 10 Iaa\'e beaI properly ,I\'CII or -* If penonaIly -* or depoailOd ill !be UnIted SIIIeS mail. 8ddressed 10 IUCb parI)', postIae prepaid. ~¡isUred II' CII'Iified. with ncum NCeipI nqueste4, II 11I8 addIuIes identified IdjIcent 10 the IÍlIIIIIInI ollll8 pUIics j"" ..tel . B, GcMminILawNcnue 1bis J.¡rllClllelll sbaII . aovaned by aDd COIIIInIed ill ~cIo.Ia willi 11I8 LIwa ol the SUIIe ol Califamia. Ally ICtÎOII msinl .., II' nIIIin& 10 dùs ApemenlIIII1I . lrDu¡ht CIIIIy 1\1 the . federal or illite couns IocIIed 1\1 SIn DicIO 0DIInt)'. S\IIe ol Cllifomla,lIId If 1pp1;"'¡'\C.1he City . of OIuIa visIå. 11'. dole \henIO. pœsibIe. V_ b Ibis.... . '"!J"I. _ pd'0ßIIIII\Ct 1Ienunder,IIII1I . 11I8 City 01 QuIa VisIL . .. c. Wubiple SIpearia , , If Ihen lrelllUldple alpllllrilllO Ibis .....-a CllIIehaIf fI Applic:lll&, .. ollllClllipIIaries IhaII . jointly aSlÞIII1Iy IiIbIe "! 11I8 perf¡._ 01 A¡IpIIt-I·. duIIea ... _ ~ D. I\JIIIiIOIY AaIiøiIy 1be IÎ&ßaIOIY 10 Ibis qreemenllIcnIby ...... 8IId ...... M Ibat 111111I8 duly dellJIIIIIId tpIII for the Applicant and 11&I beaI duly IIItharbed by die Applicant 10 CØCIIIe dùs ApiCImInI CII . IIehaIf oldie AppIiclnL SipaIory IIIalI . pcnonaIIy liable for Appliclnl'. Duty 10 Pay IIId . App\icInt'. Duty 10 DeposIt ill 11I8 event II_ IICII .... aathorized 10 a.a. 1e dùs ArollCAlCIII by IIIc AppIicImI. -ßÇ- /J-~r . ...' - 1iI'Qf.~IIZI""tJ Øof, _Ð)Øof, HlD.lJI - -~ - . . '- . . . ." - . ..... ...- - . -' . . . -. .._, , . . ~....u \. . Eo Hold Harmless Applicant IhaII dcCend. indemnIf)' IIICI bold IIIrmIess die CiIy. lis ... IIId IppCIinIed oIIiccn and employees. 60m IIICI qainsI all claims lor damtps. liabilit)'. 0IIIt IIId ~ (IncIudin¡ ~ IimlIIItioD 1IIOme)'I' feeI).ulna out oranmr'''a App!ic8nt·. JII1IiI1 SIUd)'....onty lor Ihose claims .ulna from Ihe IDle ICIliJencc or IDle wWlul CiIIIIduc:I or &be City.1Dcurred by tile City, lis oII"an. .... or empIoyccI ill dcCendin¡ apinIt IIICh claims. Melher Ibe 8IIt proceed 10 jud¡ement or lICIt. Funher. tilt AppI¡"'''I, 8( lis own aptnIt. IhaU. ... wriacn nquc:st by 1ht City. dcCend 1ft)' IIICh IUit or IC&ion llmaabt aplnst lilt CiIy. III DIIicas, ....ts. . employees. AppJant'. ........"....w¡ or &be DIy IbIII IItIlmlled by 11I1 pior or Mllll¡œnt ~ by lilt AppIiclnL : . . ·P. ~ 0aiIIII ~ IIId I'rocedIna. No IIJIt or aItIIlnIIion hi! 1It1lma¡ht.ulna oai orlhll_~.... dit å&y 1iiIea. dIIm lias first bten puen&ed in wrilinallld flltd with lilt Cit)' or C'IwIa Villa IIICI .. .... by die Cit)' of OIuIa Villa In ~ with lilt procedIns _ forth In 0\apIcr 1.34 or lilt QuIa Villa Nllllicipal Codt. .. 8IIt may 60m limt 10 limt lit IIIItIIded. lilt ......iIionI or wIûcb art ~ by the nlcrenœ III! full)' _ fonh Ilenln.IIId IUCh pt'1;"ief IIId prac:edIIIU IIIOd by lilt Cit)' in lilt implanallDliOll ct -. Upon NqUtIt by the DIy. lilt AppIic:R IbaII ..IIICI conCIII' in lood ralth with lilt lor lilt p.orpoIt oI.-Ivin¡ 11I1 diIpute OWl' tilt - or !his . ApeemtnL Now. Ihc:nlort. cht parde:s 1aenIo.lDvlna read IIICI andasIood die _ and CIIIIIditionI or ibis apcmcnt. do IIcrtb)' apre:ss Ihdr ~t 10 lilt IIimIIIIcnof by llUinalheir IIand IaenIo CllIIIt dale - fonh ~ .1 ~ Ibento. Cil)' City 01 ChuIa ViItA - 216 Founh A_lit ::~~ Dlw4· I / "/"'1 I I . ~"-\I (or IIIIhorized .eplllVtatiYt) Bruce Sloan, Project "gr. Eastlake Development Company . By. : By. . DIIed: .. . . . . I .. . fr ·)t~rl :¡)/ ..... 10 " . . - . . - " - . - . I THE CITY OF CHULA VIsTA DISCLOsuRE STATEMENT' þ..-. of diIcIoswe of œnaiD OWIICI'Ihlp iDIaesIs. pl)'1DCIIIS. or CIIIIpIIp CIOIIIribuIiaas, CIIIllIlllllten which will NqIIift disc:redoDaIy KÛOII 011 &be pan of die CiIy CouDcII. PII1mID& c-1..;œ, .xl III oilier oIfida bodies. 1bc foUowID¡ 1DformatI0II1IIUSI ~ diIcIosed: , . .. LIst Ibe _ of III penoDI Uve . -" iIIIaat ill ibc ~.£, I.e.. 4IOMulClor, ~r , , IDaIerialsupplier. RA~~lAke n.veloDment Company 2- . If III)' penœ idr:DIIfIed purIIIIIII to (I) IIIcm II . -...,nIIoa or tooIl>oeI.aüp, lilt die _ or III iDdiYidIll1a OWIÙII& IIIOI'C dImlOS of die aIwa ill die _.....oÂ- or onID¡ III)' ....c....~ iDIacst ill Ibe partDer1hIp. :r r: ~t'\~w..' , 3. If III)' peI10II identified purllllllllO (1) aboft II -.profit cq...- or . InISt, iIIt die _ of III)' peI10II aeniq IS cIinc:Ior of &be DOD-proflt orpDizaIioD or IS InIIIeC or blllefadaly or InIIIeC of &be 1nISt. tJlI. ... Haw you hid IIIOI'C Ibm S250 wonh of ..../_. t.-"-~ witlllII)''' "'her or die CIIy 1Wf, Bouds, CommiuIODS, Commiuecs .xl Cotmcil wiIIIlD die pili twelve _Ills? No , . 5. P1asc idenllfy acb .xl evay pcncm.. 1DcIudiD¡ III)' IICDII, employ.ea, ",""It_. or IDI!lr DDdalt CIOIIIrIi:UITS who )'011 Uve aalpeel 10 npracIII )'0\1 before Ibc ~ ill ibis 1\IIIter. ~nh S8n~os. Kent Aden. Bruce Sloan, Ka y Wri9ht . .6, Haw )'0\1 alor your officers or 1111III, ill Ibe aurepte, ~ more daID 11,000 10 . ~ ..-- ill Ibe currem or '" 11.., ,,-u- pcrIo4'l V. [ J No It J If,.,... wbIdI """'-"II . V -"a'(s): . . . '0 .... II.... -= .,.., WiridooI,... . ~""".JM - . . .... ..... ..... A'I . , -. . -.' __-"'w.., "-,~IIIII"",""~,""'~,", . 'j I~.""'."''''''''' . A''; . ......... ..... . .. .c-......... . . . t«:J1E: ,.. oM· . ..... . I) ~~ . ÐIIe: ,. := Jfl~n, f8~t llanager . . ~..~l.ke Development ~mp.ny . PriDt or cne _ of DODtI'II:Ior/lppliclalt . '. ~ /7' - <}{J' ~- -- .. . . - - - .. . . - . -' . - " . YS-S"11 . . CaseNo.~, INTERDEPARTMENTAL COMMENT SHEETS ENGINEERING DIVISION L prainl2e A. ~ ~ project lire wiIhin a flood plain'1 jJø . . If so, state which ÆMA f'Joodway Frequency Boundary.~/4 . B. WhaI is the location and description or aisûn¡ on-liIe draina¡e 'adli';"s'1$UAI"" Þ.e' ~ :IÞ ~'h.1~ ..~!) CrrY"~~-'-,.þ '-....IV#Æ"...~'.... ~c..~..... C. Are they adequate to serve the project'1 Llo. If not. please explain briefly. ~-n:-.-- ~ ,Ç/¿ "foJ>L.,aJ¿'1/r. IMPl>hAn..,,;..rrc. ""u. . ]II! Ø--t:.fJ/~~" WlJI!l#.1 ~L- q- ~r::'...,.,. "'-'.I tÞC A D. What is the location and description of uistin¡ off·site draina¡e facilities'1 ..,." ,,."".. ~ /,~,J";v.J "I"~ , ~&"!"- 'A.lv_&IIII~~ ....Nb~L.r~~ø", . E. Are they adequate to serve the project'1 1010. '. If not, please explain briefly. .fll#/:"_'Ãl.. /AAMÞo/w·"~·tnt:. "....'II.... ~".-c...'f - . IN -ruE. -"''''~ t!M.N-.J ALl!:> ""'!r 'ø_", ~^,c. Ã~ """'" -. .....f.rr- I'Y L-UA.é:. . n. 1ranmClTt3tiCln AIJ NA~ 'Tt:> "f't1~ TfJ,t.F,.,c, Sfff¡þ)' Fitt. 'mf ~ &-W'fi;J ~~ 10.4- A WhaS~ £.1R...11u...-. ~(It''-' ~~Ii':SF IN T'T4<Y'F/&- (; "'~"11øu fIløo.\ . t S provl e pnmary access to e project. ¡JQþ().¡¿ j,fY¡ ~E: B. WhaI is the estimated number or one-way auto trips t.o be pnerarcd by the project (per ~y)'1-) " . c. WhaI are the Aven¡e Daily Traff'~ (A.D.T.) vo1\)- ell the.primary.... roads befen IIId Iftc:r project eomp1edœ'1 . S1I'Iet Name Nen Mwt . Do lilY or these vo1umes ..W"' the City"s Leve14.semœ (1..0.1.) "C" ... ADT vo1ume'1 If yes. p1ease specify. ~ . WJCJt:·-~_·"'·1IU.NJ'-' .....) -fl- /7-; I ....2 -},!:ff ~. .,~ ---..-~ -_._--_..~..- ___._....._._..u_ .- -- - - ". - ~. .. . ., .- - . . '. - . '. - .. ...--. ., . . '\ . . Y$-S'1I' Case No.¡a;-Q4-fIf If the A.D.T. or 1..0.5. ·co design volume is unknown or lIot applicable, explain briefly. ·D. Aze the primary access roads ad~UIte to serve the project? If lIot, please explain briefly. E. Would the project create unacceptable Levels of Service (LOS). ~OIII adjacent to or in the vicinity of the project lite? If so. identify: Locltion Cumulative L.O.S. f. Is the proposed project a ·W¡e project" under the Con¡e5tÎon Mana¡ement Pro¡ram? (An equivalent of 2400 or more aven¡e daily vehicle trips or 200 or mme peak-hour vehicle trips). If yes, a Traffic Impact Analysis (T1A) will be nquired. In this case the TlA will have to demonstrate that the project willllot create In anmiti¡atable adverse impact, or that an related traffic impactS are lIot miti¡ated to a level of lIon-si¡nificanœ. Yes No The following questions apply if a TraffIC Impact Analysis is lIot nquired. G. Is traffic mitigation required to reduce traffic impacts that will resuh from implementation of the proposed project? Yes No If yes. please describe. . II. Is the project ~t with the c:ritaia 1ltab1ished ill the City'I TnnspcIrIItion Pbasin¡ Plan, General Plan Traff'ac Element, ., an other penincnt traffic """10..' Please ..£,¡cr.ce InY other tnff'ac impact ItIJð~ for I'OIdway a¡menulbat 11II)' lie ~ by die ....poscð project. . L Is a tnff'1C stUdy nquired? Yes 0 No J. Is there InY cledicatÏCII øquired? If IO;PJeue specify. . ~mfJ"" 11II..,,"" IIØD.D' ~ /5)-7 rJ-. ....' -. - .. . -.. .. . .. . .- . . - - .- . - . - . - - , ' . . Ys-St l . Cue No. :t~ ..er"'f--f't K. Is there ...y IU'eeI widenin¡ nquncs? If 10, p]use ~ify. L Arc 1here lilY ocher screet improvements requncs? If 10, please IþeCify 1he pncnl DIIUI'e of 1he DoorIFII)' åu~oveøJellU. . . M. Will the project 8IId Idased public imprøvèmenu provide IIdsfIctory aaffic Ia'riœ for aistin¡ conditions 8IId future buildour GenerI1 Plan CICIIIditions? (pJeue ruiÏde · ¥d explanation). m. ~ A. Arc there lilY IIIticlpated adverse aeo&echnical conditions G111he project lite? tlÑl<'ut>ill , B. If yes, specµy these conditions. .1414. . c. Is I Soils Repon necessary? Y£~ 1E.~f~-nA1~ ~ðll~ ~~ AAIJ~~ f }~T2J) hJ'Þ/t£ AM~Þin> 7TJ ItJ4LJÞe ~ ^~~ IV. J.l!!!ŒmtolA· PlZDIÞse:Þ'Tl> No A~ TZ> TH£ ÐC.fST'lN&., ~eÞ &FA . . A. What is the .vera¡e rwuraJ slope of the site? B. Whit is the maximum rwuraJ slope of die site'] v. 1Wtt Are there any uaffic-re1ated noise levels impactin¡ die site that aœ Ii¡nificant eoou¡b to justify that . DOise lnIlysis be nquncs of die applicant? 1 ».J 1("."6 , . ÅfJ A.u e. ''''''&.o~''''' ""-> "nJJÇ ~-'t ~/~ .NDI$# Itl'-l V$,$ WI" _e.. tœlfcJt!leÞ . VL . "'.Sf! Generation HoW much lOUd IllClIiquld (aewer) WIlle wiD be ,-- by Ibe ..~ project per ")'I IoJid 2.~ ~'JIJ~ 1I'IIr# n&Y AIM" ~~ Ai(f""¿f~~~---l,~~ . Uquid~5;.:2JIn~' (~6 ~.4 ~~:!'5 m::>tJ.)ð"" .",. Et:I.n,", A-"-SfRAc. 'Wbat is 1he JøcatiClllIIICI _ of ais1in& ....1ineI . . doWIIIIIIIID from .... ., tä:.AI£,. sø,..~ 1.I&.tc;, hJ....e,..... A.... MaW..'" ImI.., I~~ ~ Mfp,. .It J2U PI£ r, .... _ ~&I:~AI ~""'" _.........,,(wotC ~:...- ~': 1I:.H'P"You....O/'A.u..--·,CuA'l IIet \~~.ë8~~::~~~~ ~ \~I EO ~, .... -.r r..n.'t"~. .....""- - m _ 'PI< · A~ "...,.., .- fJc.;,J. NJÞ "nffE ~ "'f~~ .$£WI£- ~ kh" 1M: øefu'''-'' - ~~m.:s~...n)~~) u____~_'"'_ /9 -9..1._ ..... . -- - - .. . - , - V,$..gr I . CueNo.~ vn. ~arionaJ Pollut&nt Dischan!e Elimination SYStem lNPDES) Storm_fer R.eauirements WiD the applicant bt Rquired to file a Notice or Jnlent with the State Water R.aources Cantroi Board for covera¡e undu an NPDES StomIWlter Permit? y~~. . . If yes. apecüy which NPDES permît(s) II!'" explain why an NPDES permit is øquired. AM AI. ~s. .ft'p..ffT ~# ~;J.IJ,~ø "J)'".u....::.~ ~1'.JA-rr;:r, J./IT'H &~~t:)f..{ ¡'e...,.,t/rn~~ . A ~ß""" .~ p,::"c<?"tÞ~ fi#"'~o~e ."",I/If#ð I#ltI~ AJLJ&C.. WILl ..,. '7>,41I-v~--=~ MIb 7&11=~.Ä,.t~~ r,:,a...~ ~.AIr,,.,þ¡u~&.W-JC. p..tr 1>': A. I" b,,.,þ "IJAAAA.ðÚ c....1J ð6= DEveJ ADU.r:a....- .. ~~ ~ ~ WiD II Storm Water polluûon Prevention Plan (SWPPP) be Rquired for the proposed project? 'k Yes No AddiûonaJ comments #J.ÞIo.l1!: . vn. .Jtemarks P)ease identify and discuss any remainin¡ potentia] adverse implCtS. mitiption measures. or ocher issues. -:z:Fe. A-t='P1_'t:.6...,.r ~ ~-~~ ÅS~~~··"· ~ ~~l¿"'" t=... u ·'''--''l&. ~ VLJAI It: 1A.ADÆ.ÞI/~M'a.l"t"C,- . , . . . . ~J¡ 19;¡l . . , : ~ . ",5 ~=-~.IIIU"')W.--) ~- /'7 91 - . . . ., - " \ . . ¡ . Cut No, Is·Q4·1'I, . FIRE DEPARTMENT A. What is 1M distance to lilt IIUIUt tift lWÍon' .6D4 what is lilt ra Dqlanment', eatImated lUCtion 1irM' ..Lt:n.ilf.--+D ~._t. ~f'r\\n. C"t-n~i on Ti VV'\~ : . . .. Will lilt Fift ~ment lit abk 110 povkk . 8dequate level r4 tire .. ~~c- lor lilt popose4 facility wilhout . increue ill eqgipm&ll1Ø' peIICIftM1'1 ~ 'f.s- . . C. Ilemarks IJ ðA.Jf> . ~. VW~itl",^-, O'!fJO/f/'I Date F' Marshal . . . . .' . . . .' ~ ------ . ~ ¡C1-1~ . 'j. i ..... .__ ....- - -- ...1IAIIUfIt........WftJ.Im... ~. 1111.).........) , ' ---- - .,--.-.-..-.-........----- ...._---,_._._-_._-"_._-_.._-,,---~._---- -. - . ~ -. -. . . , . ...." ". - ...~ . - . ..- ., - .. . - - . . . , . . . Case No.-'5-9~-1'I PARKS AND IlECREATION DEPAIlTMENT . A- Il projecÏ IUbject to Parks and Jlecrution 1brcsh~ld rcqu1ranents?_'(¡;;S· Ii DOt, pJuse øpJain. . :B. How IIIIIIY ecm or putland are DemO.')' to ~ the ...oposeð project? ~ ~ . ~~:1? oJ ~~ kplitA.CI'C. C,(IoI,-p¡..\...· e- M øiItin. Dd¡hbalboocl 8IId lXIIDIDunity pcb .-r Ibc projecc åquIIe 10 ~ the population iDcrrase IUU1tin¡ from dús project? . Ne1¡hbalboocl ~ Community Parks tJO· D. Jf' nOl. are parkland dedications or other miti.ltion ...~ as pIft or the project ldequlIe 10 serve the population incruse'! Nd.hboJboocl ,,\~S' Community Parks ~~. E. To meet City ftquìmnents. will appliClnt be required to: Provide land? y~ Pay. fee'! 'f';.t. F. Remarks: - 0 , o . .- 0 t-F: ~~ .,. "V'tCf- .. and Jlec:nIdon DØctar- Lpn I r-.oIve DIte , . -~ J7-C¡~ ~ , . . . - . ¡ . Cue No. Is-tN-,e¡ LANDSCAPE PLANNING - A. Does the project affect Dative plant COIM1IDÜties? (\D If 10, p1euc identif)' wbk:h ..............Ift., . . W1l11he project .quire Dative p1antin¡? (pk&se describe) ~ ~ ~ ~ . - ... . PJease identif:y In)' imponant ... Jü¡hl)' YiaibJe "nl.lA., 11II ...ldjlceat ID Ibe ..."ject. ~ . C. Of the toW Ina to be developed. how much. Md which areas are ~ tò lie aplanted and require supplemental waserin¡? (PJeue describe), Are there In)' other landscape nq,dscmenu or mJdpdoll fœ * poject? J\.O . E. . . . . . . . . . . . ~ :~-.~ve . .~/9- c;? . ..... .~..; " ,. -- .- . _ ___._______J .MI"\~ IInDB' _._._-_._---_.._~..._.."----_._-_.- .-.'-.-.---.-.- '. --_..._~.- -- '--'-"-- ..--....--.-----.-- .. -. ~ - ~ . ..- . A." ~. .._' -.. - ~ . -. - ..... .. -.. ..... . . - -- - , , , .OU'1'TN(; FORM DME: .January 18, 1994 . ~en kr.oii/ ~ul1cUnv'A Boudngi ohn Lippitt, Engineering (EIR only) Clitt SWAnson, Engineering (EIR only) BAl Ro.enberg, Engineering (EIR only) Roger DAoust, Engine.ring (IS/', EIR/2) StichArd Rudolt, Aut City Attorney (Draft ..17 Dec A EIR) CArol Gove, I'ire DepArt.ent. '. HArty schmidt, PArks , RecreAtion I Cri.. pr.v.ntion, police Departm.nt (H..7. Dio.dAdo) . ! current PlAnning / DUAne BAzzel, Advance plAnning Bob Sennett, City LAndscApe Architect 1 Bob Leiter, plAnning Director I ChulA Vlsta El.mentAry School District, Kate Shur.on ; ... sweetwater Vnion H.S. Di.trict, ~om Silva (IS' EIR) ~ Haureen Roeber, Library (Flnal EIR) LAFCO (IS/Draft EIR - It annexatlon i. involved) ~~,~ other ð~' Doug Reid Environm.ntal section SrJB.7EC'J' : Application tor InitiAl Study (1S- 94-1!11FA-.Aß.IDO 060 J Checkprlnt Dratt EIR (20 day.) (EIR- II'B- IDO J Review ot . Dratt EIR (EIR- I1'B- IDP. J Review ot Environmental Revi.w Record (I'C- EM- J Review ot Dratt lIev Dec (1S- II'A- IDQ- J . . rh. p,roject con.l.t. ot: An amendment to the EastLake Greens &enera1 Development Plan and Sectional Area Plan which would result in: , 1. The transfer of units within the existing boundaries of East Lake Greens to refine densities with no net increase in the . . existing proposa1 density and ~ - 2. The addition of 22.7 acres to EastLake Greens deve10pment with . an additiona1 17 dwe1ling units. Pl.... review the docu.ent .n to .e any co...nu you b.v. by. 02-01-94 . ( ~ ;¡, c.,....,1:-,. f <2... -d.t - ,,~ - Couut. : . J~-C;r~ -4.~~ & -' - , .. ~ .. .. . .' .. . -. ,-... "" , . .. -. . ,. ROtJ'1'TNG FORM . DME: January 18. 1994 !'O: ~.n Lar.on, Bu11ding , Hou.1ng John L1ppitt, Engin.er1ng (EIR only) Cl111 Swan.on, Engineer1ng (EIR only) Bal Ro.enberg, Engineering (EIR only) Roger Daoust, Engineering (IS/3, EIRI2) R1ch.rd Rudolt, Aut CHy Attorn.y (Dr.tt ".g Dec , EIR) Carol Gov., Fir. Department . . Harty Schmidt, P.rks , Recr.ation crime pr.v.ntion, pol1c. Departm.nt (H.J.Dio.d.do) ~rrent Pl.nn1ngr - 'Ðuane Bazzel, Advance Planning Bob Sennett, City Landscape Archit.ct Bob Leit.r, Planning Director Chula Vista Elementary School District, ~at. Shurson ~ Sweetwater Union H.S. District, Tom Silva (IS' EIR) Haur.en Roeber, Library (Final EIR) LAFCO (IS/DraIt EIR - It anneKation i. involv.d) . Other FROH: Doug Reid ~nvironment.l s.ction SUBJ'EC'l': Application tor Initial Study (IS- 94-19(I'A- 648 IDO 060 J Ch.ckprint Dralt EIR {20 ðays} (EIR- 11'8- IDO } R.vi.w 01 a Dr.lt EIR (EIR-_II'B- IDP. J R.vi.w 01 Environmental R.vi.w R.cord (I'C- .M-_) R.vi.w 01 Dralt ".g D.c {IS- II'A- IDO- , . . rh. proj.ct con.i.t. 01: An amendment to the EastLake Greens &enera1 Deve10pment P1an and Sectiona1 Area P1an which wou1d resu1t in: .' 1. The transfer of units within the existing boundaries of East Lake Greens to refine densities with no net increase in the . existing proposa1 density and . ~ 2. The addition of 22.7 acres to EastLake Greens deve10pment with an additiona1 17 dwe11ing units. Pl.... r.vi.... the document and torw.rd to .. any co...nt. you bav. by. 02-01-94 . eo...nt.: ~-r"fTY '-A.cz.czÅ.<. ~ ~ ,,""""'42.McQ..a.O. ,~&lJt~o"'~ .... ~ ~QL,(~~ ...0 CQ.ø~ . ._~ '\1 ~~ ~~: ~:~_____~~~~!. -!_,'?'~ ------ . .. - ,. , , ROUTING FORM . DMZ: January 18, 1994 !I'O : X.n Lar.on, Building , Housing John Lippitt, Engin.ering (EIR only) Clitt Swanson, Engineering (EIR only) Hal Ro..nberg, Engineering (EIR only) . Rog.r Daoust, Engin.ering (IS/', EIR/2) Richard Rudolt, Ant City Attorn.y (Dratt lI.g Dec , EIR) Carol Gov., Tir. Department . Harty Schmidt, Parks , Recr.ation Crime prev.ntion, Polic. D.partment (H.J. Dio.dado) CUrr.nt Planning Duane .azzel, Advance Planning 1ot1 ;:oIU\ñiìt't, ~.1 tr.........--'" ..Iì.H~t, ob Le.tt.r, Planning Dir.ctor-'-'-----·· Chula vista El.mentary School Distr.tct, xat. Shur.on .. Sweetwat.r Union H.S. District, ~om Silva (IS' EIR) Haureen Roeber, Library (Final EIR) LAFCO (IS/Draft EIR - It annexation i. involv.d) Oth.r , TROM: Doug Reid Environmental S.ction SUBJECT: Applic.tion tor Init.t.l Study (IS- 94-1~FA-~/DO 060 ) Ch.clcprint Dratt EIR (20 day.) (EIR-_/FS-_/DO ) R.vi.w ot a Dratt EIR (EIR-_/TS-~/DP. J R.vi.w ot Environmental R.vi.w R.cord (TC- EM-_) R.vi.w ot Dr.ft lI.g D.c (IS- /TA- /DO- J . . rh. proj.ct con.i.t. ot: An lmendment to the ElstLlke Greens General Development Plln Ind Sectional Area Plln which would result in: - 1. The transfer of units within the existing boundlries of~lst Lake Greens to refine densities with no net increlse in the , existing proposal density Ind . ~ i. The addition of 22.7 acres to ElstLlke Greens development with an additional 97 dwelling units. 1'1.... r.vi.... the dOCUIII.nt and torw.rd to .. any COIIID.nt. you have by, 02-01-94 . " ~ ;zI.y~r COIIHnt., . 19-/p¿;J ~ . - , CHUl.A VISTA POUCE DEPARTMENT CRIME PR.EVENTlON UNIT PLAN REVIEW RECOMMENDATIONS .... ~- DA'Œ: t-....~ 4, /qq4. . ..;... ..;' ;~ ~...~ TO: ~ ~d, ~e... P~n n v-.... VIA: ~¥. ~\-o,~". ~v. PROM: J'}1~~ ~ I SC-t'.s . PR01ECT: J;S. q J{ -I 'I O~~. 'f,~.&v- 6J' a ø"'-Æ, ~~. e. .p~ _ The Crime Prevention 1Jnit does not have any comments reprding Ibis project at this time. _ Infonnation on the project. or within the p1ans, does not provide coou¡b detail 10 permit crime prevention analysis. ~ Please forward the following information 10 die Crime Prevention Unit wbeD available. .Ä- Elevations - Roor Plans L Landscape and Lighting P1ans ~ Site Developrœnt P1ans Comments: t?.l '{I¡..L fY.lM~± 7r;"'L J Á/uJt'; /U) f!rmdTfJIr'T.u Yt_.J£tuJ. ~ ÝI.¿ G~ Pt1Þ---" (}þ oP¿NR,¡,~)lð t/-.' '¿ 1M. , ~~ SIt(.£-' ~ l-n-4 ..J M_ ~MÞ' ... , . ..~ .. . . . ex:: Brookover. SCA _~ Jj-/tJ/ ." t- o. , aonID· . ... ")' . .. -.--......-..... - -- _.__._._----_."---~"~ ._.'-.'-.---.~.-..'-.-.--..-~ - " ". ...' ... . . ." . . _. . , . . - - - .. , , MEMORANDUM DATE: Fcbnwy I, 1994 TO: Doug Reid Environmental Review Coordinator FROM: Duane E. Bazzc~ Principal Planner SUBJECI': Initial Study for EastLake Greens GDP/SPA Amendment (15-94-19) The Advance Planning Division appreciates the opportunity to comment on the proposed project identified above. From an environmentalanaJysis standpoint it appears that the EastlAke Greens EIR and Addendum sufficiently addressed the proposed density transfers within EastLake Greens, The proposed transfer of units are occurring UDder the umbrella of the originally-approved EastLake Greens SPA and Tentative Map (2,774 units). therefore, unless there are significant shifts in unit locations it would appear that the original EIR adequately addresses the transfers. It should not be forgotten, however, that as a condition of approva] of a recent GP . amendment to Parcel 26 of the Greens (GPA-93-04), the City CouncD re-enacted the affordable housing requirement for the Greens (deferred with the Tentative Map approval) and directed staff to work with a task force to develop recommendations by July of this year on haw to handle the low and moderate income housing within this project. This direction from Council included the consideration of any density transfers Deœl°'ry to achieve the housing requirement. It docs not appear that the p/c.posed density transfers are lignificant enough to impact the task force efforts, but DCVCltheleu, these efforts should be considered prior to apprDYiDg any SPA amendment. The 97 units to be annaed and added to the GreCDs haw œ1y been analyzed at a GeDera1 Plan level (within the Otay Ranch Program EIR) and DOt at the detai1l1Cce11lry with a GDP and/or SPA. This Deeds to be taken into consideration when aDaJyziD¡ potential ell'Yjummental impacts. Additionally, project-leveJ anaJysis Deeds to be coordiDated with the Community plann;I1g Divis.ion of the plann;"i Department (Otay Ranch SPA Team) on the _ue of land use and desi¡n Interface with East Oran¡e A~ue and effofll DD the 8djacent Otay Ranch. cc: Ken Lee Steve Griffin I Amy Wolfe 1]IIIT ~J "..~ j¿/- /¿J~ . . MEMORANDUM I'e]:)ruary 1, 1994 I'ile I YS-S91 '1'0 : Doug Reid, Environmental Coordinator VIA: Clifford L. Swanson, Deputy Public Works Directo~ City Engineer FROM : Harold Rosenberg, City Traffic Enginee~ SUBJECT : Eastlake Greens General Development and Sectional Area Plans Amendment In response to your concern regarding our transportation COlllllent in the subject initial study application, the following paragraph should be added to Section VII of the application. Previous traffic studies have shown that the circulation system plan prior to the construction of SR125 does not have sufficient capacity to absorb additional trips beyond those trips accounted for in the approved maps including the approved Eastlake Greens. Thus the Bastlake Greens proposed expanded development project will have to be limited to the number of trips identified in the approved project EIR traffic study. However, the applicant may wish to perform a supplemental traffic study to examine possibilities of expanding the City's circulation system (e.i. extension of B. Orange Avenue between I-B05 and Bastlake Greens) to'provide the needed capacity. A reference to the City's interim SR-125 financial study (HN'I'B study) and improvement scheduling . are a critical element of the study. . ZAO:rb cc: Roger Daoust, Senior Civil Bpgineer cr,~,_ -II. \'laUnC\lU" .DD> ., ~ ~ /9 -/¿/ J ..,"() ___""'.___,n_ -....-""'"'.-.-...- ___........__ _, o_,.____. .,_______________.___ . ' . . - - , MEMORANDUM February 21, 1994 File N YS-551 TO: Doug Reid, Environmental Coordinator . VIA: Cliff"'" L ......... - Publi< w_ -;r City Engineer . FROM: Harold Rosenberg, Traffic Engino/ ' . '~ SUBJECT: Eastlake Greens GDP/SPA Amendment Traffic Swdy (IS.93~ I have reviewed the attached traffic impact report by Urban Systems dated February 18, 1994 and fmd it to be acceptable. The Dew trips from the added 97 units to the Eastlake Greens approved units of 2774 have DO significant impact OD the City's circulation aystem. ZAO:dv Att.r.hment .___~.zAO , . " ~ /f/-/¡;Jf , URBAN SYSTEMS ~SOCL4TES. INC. "".1... 1'WN: .......-ø, AI' 2n4G llIM:I.eCr-....c:wr -~-:'£.:-"E:; Q:wsI.&TANTI ft) INtJIJI/ITJ4r ANÞ ~"'ÐIr . -,.- ,-.:'-. "'wl:1 , ."~". - .' .. ."':'............ ....;:- :-'r;·.~~ ;'~;.';; :.£:':'7" 1594 f£B 22 M 9' "5 February 18, 1994 - , Mr. Hal Rosenberg CIty TraffIC Engineer CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista. CA 92010 . Dear Hal: Urban Systems Associates, Inc. (Urban Systems) was retained by Eastlake Development to evaluate possible Impacts from the development of additional dwelling units In the Eastlake Greens GDP/SPA Amendmenl The EastJake Greens GDP/SPA Amendment proposes an Increase of 97 dwelling units from 2,774 DU to 2,871 DU. . . Ie development of 97 additional dwelling units will result In the following peak hour and dally trip generation. . N4 PEAK PM PEAK &lIE ",..tv QENEMTION Nfr "'1£ ~ N4 1t0lJl' 1t0lJl' ..... PM ItOUT ItOUT .-uT .-uT SFDU I7ÞU 1CIIDU 170 '" 71 1:. 11:. 10. 17 7:1 II:2t As can be observed. the 97 additional units will result In 97 PM peak hour trips. Of the 97 PM peak hour trips, 68 are Inbound and 29 outbound to the pro)ect. The Nd peak would have 78 addlllon8l peak hour trips with 16·lnbound and 62 outbound during the peak. ; .. . A t1dfic atudy for KaIser HospItal (F-.ø,lte I SPA Amendment by JHK ~) fill . The KaIser Hospital traftlc sIudy repr...nta the most rK8nt MaIysIs of interim conditions for eastern aua VIsta (east of 1-805). The anaIyIIs for interim conditions asumed the -approved projects- level of development for... interim anaIyIIs. The "approved project" level of development was based on the final Eastern Chula VIsta . 'ansportatlon PhasIng Plan Update prepared by WUdan Assocl.1I (1191). ~ . 11I_ .~ /e;" -;¿}f ~, - 7"1 - _. __._ ..... . .,,,, ~" . ,,,. .~tJ JID-f1J4 I --.-,.._.. .-.-.-..--.-.- -' " . - ,". - f Mr. HsJ Rosenberg Utban Systems Assøc:Iates, Inc. February 78, 1994 In the final report for I<aIser Hospital dated AprD 20, 1992, (page 41). the approved project development scenario will result In approximately 193,230 additional dally trips In Eastem Chula Vista. The analysis Included trips generated by 2,774 units In the EastJake Greens project, Using the "approved projectsw condition u the bpe. Impacts from the l<alser HospItal were evaluated. Attachment 1 nws the AM/PM peak hour Intersection level of ørvIce from the KaIser HospItal traffic analysis. H shoWn In Attachment 1, all Intersections ."forecasted to operate at a level of aervice WD" or better. KaIser Hospital Impacts to the Intersection of OIay Lakes at EastJake Parkway (the critical intersection for the KaIser Project) for the AM/PM peak results In . level of aervlce WC" 10 -D". Intersection delay was 5.2 aeconds for the NIl peak and 5.4 aeconds In the PM peak at this location. The Increased delay at this location was due to more than 14,000 dally trips from the KaIser project being added to the base conditions. The KaIser analysis concludes that the Intersection delay at OIay Lakes 'Road and Eastlake Parkway Is 25,8 seconds In the NIl peak and 29.8 In the PM peak which translates 10 a level of service O. It should be noted that the Intersection delay at OIay Lakes Road and Eastlake Parkway could be Increased as much as 10 aeconcls and still remain at a level of aervice -0". ßPA Amendment ImDacts In order 10 detemine possible Impacts from the proposed SPA amendment, project traffic was added to the Intersection analysis discussed above. ðI1 other .....umDtl2nl for the computer intersection analysis remained the same. Ñ Ihown on Attachment 2. the resulting level of aervlce including project traffic remained WO" for both the NIl and PM peak. A comparison of . Attachment 1 and 2 shows that with projèct traffic the intersection delay Increased only 1.5 " seconds In the NIl peak and 2.1 seconds In the PM peak. This cIearty indicates that the Spa Amendment for interim (worst case) conditions Is not Ukely 10 create Impacta which would require mitigation or change the level of aervJce at Eastlake Parkway and OIay Lakes Road. In ..:Idltlon, possible Impacts from the proposed SPA amendment were analyzed for the intersection of Eastlake Parkway and Fenton Street. .Base conditions for the intersection ana\ysli were obtained from the ScrJppa Clinic TraffIC analysis dated March 30, 1993. For the base conditions, algnal timing was optimized which resulting In a level of aer.-1ce "D" for the P.M. peak or an intersection delay of 36.7 aeconda (see Attachment I). .. , Project traftIc was then ..:IdeeS to the bale condItIonS. All oIher uaurftptionï for '" computer Interaecllon analysis remained the aame. M Ihown on Attachment I, '" NIUItIng level of . aervJce including project Iraffic remained "0-. Interaecllon delay changed only 0,4 I8COnda to 37.1. This clearty nWl that the SPA amendment for interim conditions II not Ikely to create Impacts which would require mitigation. AI buDd out or with an interim 125 or with an Orange I Avenue connection, Spa Amendment ImpactI would be even 1mBDer bec8'-1here would be multiple .0Ct.. routes. . - ,~ /9-/¿) ¿ . ~7 ... .. ". . -- .'"- '.' .. - . " - - . '. . _. ~ .. - -- . Mr. HIlI Rosenberg Urban Systems Associates, I~. r ·ruary 18, 1994 BÙed on the Infonnatlon discussed above, Impacts from the development of 97 additional units appear to have minimal ImpaCtS on the circulation ~em. We therefor auggest that no further traffic analysis is necet''''Y. . Please caR us If you have any questions regarding the anaIysls discllt-9d above. .. - , .- APSfTRS:vks Attachments cc: Bruce Sloan Cliff Swanson Doug Reid . . , . ( ~ . j ..~ /9-/t/? VLØ1T1117;Ò lit. 'I¡ , --"---_._^_.-.-- = "_.._.._.______..___ ..._.·_..._~..n__..___· _.. ~ . - - - - . . ._0. _ 00_.,' _ . . .. - . .. .. . - " .~ r 1'\ . ,. ,.. ~ . 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MEMORANDUM February 23, 1994 Pile Number YS 591 TO: Doug Reid, Bnvironmental Review Coo~i~tor PROM: Roger Daoust, Senior Civil Bngineer ~' St:JBJBCT: Initial Study 94-019, BastLake Greens GDP (, SPA Amendment This is to clarify our comments (on sewers and drainage) dated February 1, 1994 concerning the information provided in the application for the subject Initial Study. Our comments on drainage (Section I, A through E) noted that project specific improvements would be required as development occurs and further, that regional improvements in Salt Creek and Poggi Canyon may be required as development occurs. This comment was meant to convey that development of the overall General Development Plan area would probably require construction of regional level drainage improvements. Any additional development which may occur as a result of this amendment may require greater capacity in those facilities, but we believe that the added capacity would be insignificant. Our comments on Section VI, Waste Generation, noted that some segments of the Telegraph Canyon Trunk Sewer will be over capacity at, or prior to, General Plan buildout conditions. This comment addressed the fact that the EXISTING Telegraph Canyon Trunk Sewer lacks capacity to serve the buildout development. A Development Impact Fee (DIF) is presently in place for gravity basin development, and a Telegraph Canyon Pumped Basin DIP will be in place very shortly, as will a Salt Creek Basin DIF. The parallel and upgraded facilities provided for through the collection of these fees will be adequate for the provision of sewer service to all of the affected development areas for .s 10ng .. necessary. ; The additional development which may result from tb,e proposed amendment may have a non-significant impact on one segment of the sewer line. That impact would be that an upgrade required by the overall development would increase by a minor degree with the added development. No :lucrease in the DIP would occur. ~ aLD1 ....·..1 .I\IGIa\~ -\%8..-11. ~ . ICj-/I/ 7,7Û . ~,~" .....---..----.-. __ __~__.. . __.____~__,__,_,._.._.~~...___...._ _.u._______"..__,.___.__ EXHIBIT A . Description of Work Assessment District 94-1 The ¡eœral description of work to be funded by Assessment District 94-1 consists of 1he foUowin¡: . 1. Street improvements consisting of sradini. base, paving. pttu, 1idewa1k, street ti¡hting and 1r"""""PÍDI within the foUowin¡ ri¡hts-of-way: a. South Greensview Drive - from Clubhouse Drive to UJlit 6 emrance (2,.400 L.F., Phase 1). b. South Greensview Drive - from SiJverado Drive to Hunte Parkway <3,.400 L.F., Phase 2). c. South Greensview Drive _ from Unit 6 entranee to SilverIdo Drive (1,920 L.F., Phase 3). 2. Utilities and underground improvements consisting of potable water facilities, storm drain facUities. lewer faciJities, reclaimed water facilities. electric facilities, telephoœ facilities, ¡IS facUities, television facilities IS appropriate by applicable state and federa1ltatutes within 1he foUowin¡ ri¡hts- of-way: .. South Qreensview Drive _ from Clubhouse Drive to Unit 6 emrance (2,.400 L.F., Phase 1). b. South Greensview Drive _ from Silverado Drive to Hunte Parkway <3,.400 L.F., Phase 2). c. South Greensview Drive _ from Unit 6.emrance to SUverado Drive (1,920 L.F., Phase 3). . 3. DIF fuDded street improvements consisting of ¡radiD¡. storm drain, base, paving. curb, cutter, sidewalk. medians. streetli¡hting. J.""·cePÎnI and street mon\IØlltlltion within 1he foUowin¡ ri¡hts- of-way: .. Hunte Parkway _ from Clubhouse Drive to South QreeDIview Drive (2,SOO LF., Phase 2). . 4. DIF fuDded street aDd 1IJIder¡round hùproveJ""'ft CODSistiD¡ of 1fIdiDI. ad IUInD drain JmprovemtJ1ts within 1he foUowiD¡ ri¡hts-Of-way: '. a. Hunte Parkway _ from South QreeDIYiew to Orup AWDDe (1,270 LP.. Pbaae 2). b. Oru¡e Awuue _ from Hunte Parkway to 1he SOOAE -- 0.5(10 LF., PIIIse 2). I o' J ~ J7~ ~)/;¿ ~,:. . U'IS.M . : . . . , ~ ~,.~u FI 1:.1''' Ru,;".! RICK ENGIÌ\TEERING COMPANY . . - . 5';111 Dj\·~u C''¡lllr",mi.. 9~IIO·2~9f'¡ 'rl:"'~ R("":~'" ,. V;~·.·~tIIJ 1~1~1291'(\707 FAX. 1~191291~t~~ . . ....) r~-"" . . :.-": - ~ 19~" . oJ..: February 7, 1994 Mr. Clifford Swanson City of Chula Vista 276 Fourth Avenue Chula ViSla. California 91912 RE: EASTLAKE GREENS - GENERAL DEVELOPMEI\'T PLAN AMENDMENT AND SPA AMENDMENT (J-12347) Dear Mr. Swanson: . This is 10 confirm that the storm drainage s)'stem designed for EastLake Greens has adequate capacity to accommodate the run-off lenerated b)' additional areas being incorporated into EastLake Greens SPA boundary. as shown on the anached exhibit. In addition. areas being added do notadversel)' impact the drainage s)'stem previously planned and appro\'ed as pan of Tcntaûve Map for Chula Vista Tract No. 88-03. Should you have any questions. please call me. Sincerely, . ", RICK ENGIN~;~MPANY l')C~ ; Dennis C. Bowlin¡. .!.. R.C.E. . Director, Water Resources Division DCB:ItLOOl Enclosure cc: Mr. Doug Reed. .City of QuIa ViSta . Mr. Bruce Sloan. EastLake Development Company I Mr. Houshl1lllnd Aftahi. Rick Enlineerinl Company ~ /9~//;J ·0 Îl~ , -----------_._-- - -- - ---'-~--"-'-----'-----'-'-"-"-"~'--' -,._.._-,-,-~_._---- -. . - 'L . -' , . - . -' - . . .. ~ - ... ... . - - -. . . , ...... - ,. . . F¡;-o., ...;;. .. - ;- . FebNary 9.1994 Mr. Cliff Swanson City Engineer CrNOF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Re: East we Greens Development Plan and IIJ Spa Amendment 15·94·19 .. Dear Cliff: . As a part of the review of the referenced initial study the engineering department noted possible adverse impacts to the sewer system serving the EASTLAK EastLake Greens Project. As a response to this concern, 1 have quantified ~~ENI the impact of the Plan Amendment in each of the sewer basins within the EastLake Greens Project. This review (anached) has concluded that the impacts of the additional development within each of the basins is minimal when compared to previous land use and system analysis performed by the city, If you have any questions regarding this information, please do not hesitate to call me. ' . Sincerely, EASTLAJŒ DEVELOPMENT COMPANY ; , Bruce Sloan Senior Project Manager t cc: Doug Reid . Environmental Review Coordinator " ~ /1-//;/ '100 LOnt-- IuIIe 100 ~ ~o, <:A"'" Wc9l'21.o127 619) <l2MI3D . . - : - . , . -... ~ ~ SALT CREEK BASIN GRAVITY SEWER ANALYSIS Sewer service to the Salt Creek Basin within the EastLake Greens .Project in CUJTently provided by the Otay Lakes Road Lift Station Ooc:ated at Otay Lakes Road and Salt Creek) and the Telegraph Canyon Trunk Sewer. The proposed EastLake Greens General Development Plan and Spa Amendment affects the following parcels within the Salt Creek Basin: Parcel Existing Units Proposed Units Increase+/ Decrease· - R-3(south) 42 51 9 R-10 167 246 79 R·n 92 87 <5> ..- R-22 146 141 <5> R-23 205 214 9 R·27 40 44 4 Net Change In Units 91 The flow generated by the additional 91 dwelling units (based on 250 GPD per DU) is 15.8 GPM. This amount represents an increase of 1,41% over the 1100 GPM flow rate assumed to be generated by the EastLake Project within the Salt Creek Basin (see Telegraph Canyon Sewer Basin Improvement and Financing Plan Amendment . Incorporating Pumped Flows, Figure 8, Page 11). The operation of the Otay Lakes Road Lift Station and Telegraph Canyon Tnmk Sewer should not be significantly impacted by the relatively minor increase in the flow rate. , ~ ~ J7~//š' 'ïif: " . . .. . . . .' - .- . -~'. . - ..- . . ,\ I . . .,f TELEGRAPH CANYON SEWER BASIN IMPROVEME!IT AND FINACIAL PLAN The proposed General Development Plan and Spa Plan Amendment will affect 4 par¡;els (R·', R·n, R·14, and R·24) that are located within the boundazy of the Telegraph Canyon Grav!ty Sewer Basin. At the time the Basin Improvement and Financing Plan was developed EastLake Development Company and the City assumed the unit counts proposed in the Amendment. Therefore, no modification to the Telegraph Canyon Sewer Basin Improvement and Financing Plan' is required. POGGI CANYON SEWER BASIN Sewer service to the Poggi Canyon Sewer Basin within the EastLake Greens Project is cunencly provided by the EastLake Parkway Pump Station and the Telegraph Canyon Tnmk Sewer. The proposed EastLake Greens General Development Plan and Spa Amendment affects the following parcels within the Poggi Canyon Basin: Parcel Existing Units Proposed Units Increase+/ Decrease· R·3(nonh) 42 51 9 R·14 84 86 2 R·1S 88 6S <13> R·20 164 143 <21> R-2S 74 78 <4 R·28 21 60 33 Net Change In Units '. 14 . The Average flow to the EastLake Parkway Pump Station (as outlined in the Telegraph Canyon Sewer Basin Improvement and Financ:in¡ Plan Amendment Incorporating Pumped Flows) is 254 GPM. At a rate of 250 gallons per day per unit the net increase in units generates an additional 2.4 GPM. The operation of the EastLike Parkway Uft Station and the Telegraph Canyon Tnmk Sewer should not be I significantly impacted by the relatively minor increase in flow rate. % 19 - II}; ... _ .... _..", _.._._ _ _ + _.______..__ .~_____m_.____ ~ . - - . . . þ . ....-. . ~ . - . . . ... - , MAR- "'-9<4 WEP JE-:SZ; CHUL"" V J 5;T~ $C:~ICIOL J)I~;T. P.Ð2 CHULA VISTA ELEMEJI.'TARY SCHOOL DIS'ffiICT 84 EAST "J" STREET. CHl"U\ \'ISTA, CALIFOR."'IA 111910 . 619425·9600 EACH CHILD IS A:ÕSÏii\'IUJ:AI. õF'õRËÄfW6iITH'-'--'-- OARD OIIIDUCATlOII :IIlPH D. ~INGS.I'II.O. March 9,1994 LARRY CUNNINGHNot IHAIIOH GLES PATRICKA. AJDD GIlEGR.IAHDOVAI. ~Mn'IHDrNT Mr. Doug Reid LIlIA s. CP..I'II.O. Environmental Review Dep!. City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 RE: EastLake Greens GDP/SPA Amendn,ent Dear Mr. Reid. The proposed GDP/SPA Ame~dmen\ w111 increase the total dwelling unit count within EastLake Greens by 9~' units from ~774 to 28ï1. At the Distnct-wide average student general!Or, ra:e of 03 students/unit. t.,is equates to 861 students. It is anticipated that all ctlildrer-· from EaslLeke Greens. including those from the additional 97 units wili aHe:"!:! SchcQ; No !is. which will be constructed In the EastLake Greens Community. and has a proposed opening date of July, 1995 This school is planned to cpen on a single·track year·round schedule and eventually convert to a multi-track year.round schedule when required to accommodate enrollment. All elementary school facilities within the EastLake Community will be financed by participation in Community Fa:.lhties District NO.1. which fully mitigates all project impacts on schools. , If you have any questions. plnse contact me. Sincerely, ~ ~\. -..).,~, '""- Kate Shurson Director, Planning & Facilities ~ KS:dp p J/~//? cc: Katy Wright .-.- "7) 7)111' --..... ...--.------.....,,----""--- .----..-- THIS PAGE BLANK ~ /j~//Y DISCLOSURE STATEMENT . . - ~'J9;//7 - -------..-..- -------~ - - THE CITY OF CHULA VISTA DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments. or campaign contributions, on all matters which will require discretionary action on the pan of the City Council, Planning Commission, and all other official bodies. The following information must be disclosed: - I. List the names of all persons have a financial interest in the contracl. i.e., contractor, subcontractor, ~terif su~lier Company (Owner) as la e Development Brehm Communltles (Purchaser) 2. If any person identified pursuant to (I) above is a corporation or pannership, list the names of all individuals owning more than 10 % of the shares in the corporation or owning any partnership interest in . the partnership. h;rrf!;t uJ, g,re}l1\\ 3, If any person identified pursuant to (I) above is non.profit organization or a trust, list the Dames of any person serving as director of the non·profit organization or as trustee or beneficiary or trustee of the trust. 4. Have you had more than S250 worth of business transacted with any member of the City staff, Boards. . Commissions, Committees and Council within the pasl twelve months' no 5. Please identify each and every person, including any agents. employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. SB&O, Inc. : Peter "Randy" Safino, President SB&O I nc . Susan K. La Plannin Mana er , ,; 1/:" :r;1:: 1',',1 ":>"r'·+-. 1.1is.:¡'DY\~ 'Ii" '-cp'»CYik lo.:;ici,4Io\\OI N'p"":o,e,,.c,..(I""'''' ,...).- Or(l"·CC-·or": OI.'C le,v ,SU:..;ìf' 1r(I,,~(I'·,I(,.crl 6. Have you and/or your officers or agents, in the aggregate, contributed more than SI,OOO to a Council ..(11 rY\SQe, member in the current or preceding election period? Yes [ I No I XI If yes, state wbich Council mo & ({ member(s):' %.~ 0- IO-k~ clo-k. Person is dcraned IS: -AD)' íødividual. firm, co·pannership, joint vcnDJrt. association. lOCiaJ club. fralCmaI oralftÎUcion. corporation. CSUIC, wa. reccjycr,'s)'ndiaœ. this and an)' oVitr county. city and count)'. ciry, municipality, clisD"ic( oromer pohric.allUbdivia:ion. or an)' odttr IrouP or combination acline IS I unit. . (NOn: Aalcb lddilionoJ pile. a. _....ry) , Date: 9/.,..../"t Scot Sandstrom/Brehm Communities . Print or type name of contTJCtor/applicant -57?-- WPC,f,IHOMEIPLANNINGI5TORED\I02I.A.91Rd. 1020.93HRd. 1022.93) Page 11 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 12/20/94 ITEM TITLE: Public Hearing on the Acquisition of Certain Right-of-Way for East "J" Street Resolution 17??5 Determining and Declaring the Public Necessity to Acquire Certain Right-of-Way for East "J" Street and Authorizing the Commencement of Condemnation Proceedings by outside Counsel to Acquire said Right-of-Way SUBMITTED BY: Director of Public W orks ~ REVIEWED BY: City Manager (O{i.') \, (4/5ths Vote: Yes X No_) ,(01 On July 18, 1991, Council approved, by Resolution 16222, the tentative subdivision map for Rancho Del Rey Spa III, Chula Vista Tract 90-02. In order to comply with the tentative map conditions, Rancho del Rey Partnership is required to construct an off site portion of East "J" Street. This requires street right-of-way across property owned by Susie Mary Bennett. This property is located between Paseo Ladera and River Ash Drive and consists of about 1.08 acres. Good faith efforts to acquire the property voluntarily have been between Rancho del Rey Partnership and the property owner, but we have not been able to conclude an agreement. Negotiation will continue to be offered after this resolution in hopes that final condemnation action will not be necessary. Therefore, Council is being requested to authorize the action now . to allow the procedure to continue should the negotiations fail. RECOMMENDATION: That Council: (1) hold the public hearing and make the proposed findings; (2) approve the Resolution determining and declaring the public necessity to acquire certain right-of-way for East "J" Street; use its power of eminent domain to condemn approximately 1. 08 acres of property belonging to Susie Mary Bennett, Trustee, for street, slope, utility, drainage, and temporary construction easement purposes; and authorize the commencement of condemnation proceedings by outside counsel to acquire said right-of-way. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The developer, Rancho del Rey Partnership (RDR), is required under Tentative Map Condition No.6 for Rancho del Rey SPA III, to extend East "J" Street between Paseo Ladera and River Ash Drive as described in Exhibit 1 and shown on Exhibit 2 attached. A portion of the property necessary for the extension is owned by Susie Mary Bennett, Trustee of the Bennett Family Trust Agreement dated September 23, 1982. The Bennett parcel consists of 10.24 acres and the right-of-way required will consists of approximately 1.08 acres. The impact of the project were addressed in the Rancho del Rey SPA, III Final EIR Report No. 89-10 adopted by Resolution No. 16218. The City Council previously certified the EIR as ,)1)./ . , i) . f),i ,/ _____________.'m.______" m.___ __ _,_____" _.,____"._'_n~_ ,...-,--,.- ..----.',- -- -_._..--_.--~--_."--- -- -.--.-- Page 2, Item ,;.{) Meeting Date 12/20/94 being prepared in accordance with the California Environmental Quality Act (CEQA), adopted the required CEQA Findings of Fact, adopted a Mitigation Monitoring and Reporting Program and adopted a Statement of Overriding Considerations, Exhibit 3. A copy of the Tentative Map Conditions for Rancho del Rey SPA III, Resolution No. 16222, is attached as Exhibit 4. Rancho del Rey Partnership tendered an offer for the right of way to the property owner in August, 1994 (Exhibit 5) in the amount of appraisal. The appraisal was prepared by a certified appraiser and included compensation for the right of way and a temporary construction easement to be acquired. To this date, the developer has been unsuccessful in negotiating a purchase agreement. RDR has provided the City proper notification as required by Condition No. 60 of the tentative map that it has been unable to reach agreement with the property owner for acquisition of the right of way. Section 66462.5 of the Subdivision Map Act provides that the City must acquire the right of way by negotiation or begin condemnation proceedings within 120 days of the filing of the final map. If the City fails to meet the l20-day time limitation, the condition for construction of the offsite East "J" Street improvements shall be conclusiveley deemed to be waived. The developer has deposited $9,850, the estimated cost of acquiring the right of way and easements, with the City and has provided a deposit to cover outside counsel and staff costs for condemnation proceedings. The developer has also submitted the appraisal and all documents and plats necessary to begin condemnation proceedings. Susie Mary Bennett, Trustee, was notified in writing by certified mail, return receipt requested on December 2, 1994, of tonight's public hearing. Exhibit 6 is a copy of the Notice of Public Hearing sent to the property owner. California Code of Civil Procedure section 1240.030 provides the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (A) The public interest and necessity require the project, (B) The project is planned or located in a manner that will be the most compatible with the greatest public good and least private injury; and (C) The property sought to be acquired is necessary for the project. The property legally described in Exhibit 1 and depicted on Exhibit 2 is necessary for the project. It is the only property which can safely connect both sides of East "J" Street to create a through street in the area instead of two dead end streets. The design of this project is such that it will provide the most public good and the least private injury. Balancing the need for improvements for health and safety purposes versus the effect on Susie Mary Bennett, Trustee, it is reasonable to approve the eminent domain actions. ,;l.ð . ,;., -+---- ,,_,__._.__.___"_--._ _.____..___...___..__~_'..~__...._.._ __. __._______.______.__m_______·___ Page 3, Item ,2,0 Meeting Date 12/20/94 The Resolution of Necessity includes authorization by Coucil for legal counsel representation by Daley & Heft with concurrence of the City Attorney. FISCAL IMPACT: Cost of acquisition of the right-of-way is approximately $9,850 for the actual property value plus an additional $2,500 to $15,000 for condemnation costs depending on whether or not the property owner contests the take. All costs and attorney fees associated with the condemnation are being paid by McMillin Communities. Anachmen:ts: Exhibit 1 - Legal Description of Property Exhibit 2 - Plat of East "J" Street Extension Exhibit 3 - CEQA Compliance ND" S~It~pS Þ Exhibit 4 - Tentative Map Conditions for Rancho del Rey SPA ill (Resolution 16222) ExIu"bit 5 - Letter of Offer foe Right of Way Exhibit 6 - Notice of Public Hearing File: PC 992 (F:\hornc\cnginccr\agcnda\"J"ROW.GVÆAF) .Jd-.J / ,J.O - " --_._~~ . __w__._.___ __.._.______.___.,.._..___"_~___ 0" _,', ._.__..._"~._._____._____,.._ -~-,~ RESOLUTION NO. )???5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY OF ACQUIRING CERTAIN RIGHT-OF-WAY FOR PUBLIC STREET, DRAINAGE, AND UTILITY PURPOSES AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS TO ACQUIRE SAID RIGHT-OF-WAY The City council of the City of Chula vista does hereby resolve as follows: WHEREAS, McMillin Communities is engaged in development and construction of a planned community in the city of Chula vista, State of California, more commonly known as Rancho del Rey sectional Planning Area ("SPA") , III. WHEREAS, this project has been the subject of environmental review as part of the Rancho del Rey SPA III Final EIR #89-10 adopted by Resolution 16218 and is in compliance with the California Environmental Quality Act; and WHEREAS, the circulation element of the general plan and the EIR require certain improvements to East J Street to be made to accomplish the extension of said public road as well as the installation of drainage, utilities, and appurtenant improvements; and WHEREAS, the public interest requires provision of such pUblic improvements to ensure that East J Street is extended to provide sufficient transportation capacity as well as adequate drainage, utilities and appurtenant improvements, and to meet the public need in the area; and WHEREAS, said public interest may not currently be met in that East J Street in the vicinity of Rancho del Rey SPA III subdivision is currently not a through street and is now or will soon be operating above the capacity dictated by good engineering practices and drainage, roadway, utilities and appurtenant improvements do not currently exist which can adequately serve the Rancho del Rey SPA III subdivision; and WHEREAS, the public interest and necessity require the proposed street extension project to accommodate current and projected traffic safety and health needs by constructing and improving East J Street to a through street as part of an ultimate improvement project; and WHEREAS, said roadway extension, drainage, utilities and appurtenant improvements affecting East J Street require acquisi- tion of property described in the attached legal description, Exhibit 1, and shown on the plat, Exhibit 2, and generally consisting of approximately 47,167 square feet plus 23,329 square feet for a temporary construction easement; and ,)d-5' -..--...- .. ._~--_.._._-_._--_.~,~----_._- - WHEREAS, the owner of said property needed for said public improvements, Susie Mary Bennett, Successor Trustee of the Bennett Family Trust Agreement dated September 23, 1982 ("Bennett"), has been requested to convey said property, and a good faith offer to purchase said property, pursuant to Government Code Section 7267.2 and Code of civil Procedure section 1245.230, has been made by the city of Chula vista to Bennett; and WHEREAS, said good faith offer to purchase has not been accepted by Bennett; and WHEREAS, the City of Chula vista possesses the right to acquire said property by the use of the power of eminent domain, pursuant to Title 7, Code of civil Procedure sections 1230.010 et seq., and Government Code sections 37350.5 and 40401; and WHEREAS, the public interest and necessity require the proposed project in that public safety dictates that the City of Chula vista maintain a public road system, drainage, utilities and appurtenant improvements designed and constructed to accommodate traffic, health and safety demands; and WHEREAS, generally accepted traffic and engineering standards dictate that East J Street be extended to create a through street and that roadway, utilities and appurtenant improvements be provided to serve the needs of residents of residential units; and WHEREAS, the proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury in that the approximately 1.08 acres to be acquired out of a total acreage of 10.24 acres owned by Bennett at this location will provide a through street in a safer traffic configuration, and will provide for drainage, utilities and appurtenant improvements, needed to protect the health and safety of the citizens of Chula vista; and WHEREAS, the property to be acquired as set forth on Exhibit 1 and 2 attached hereto is necessary for the proposed project in that no other property is available which affords the capability for the extension of East J Street to currently accepted traffic and engineering standards; and NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY FIND, RESOLVE AND DETERMINE, BY A VOTE OF NOT LESS THAN TWO-THIRDS OF ITS MEMBERS, AS FOLLOWS: 1. That the City Council of the city of Chula vista finds and determines and thereby declares that the public interest and necessity require the construction and completion of certain public improvements, namely a street right-of-way, drainage, utilities and appurtenant improvements, upon, through, over, under and across the 2 .21.)~~ ________-..-u..___..._". _. '. _. _.'. _ .~._______ _ _.... _.~._.__.__.~_'m___._ "."_ _..____"'_.____ real property hereinafter described in Exhibit 1 and shown on Exhibit 2, attached hereto and incorporated by reference. 2. That the city council of the city of Chula vista has authority to acquire by eminent domain any property necessary to carry out any of its powers or functions pursuant to California Government Code section 37350.5, more specifically California streets and Highways Code section 4090 authorizes the acquisition by condemnation of any property whenever the public interest or convenience may require it. 3. That the subject property is necessary for the proposed project and that such public improvements are planned and located in a manner which will be most compatible with the greatest good and the least private injury because the improvements were comprehensively planned in view of all currently known or antici- pated development, the owner of the property to be taken was consulted and the owner's concerns and needs incorporated into the design wherever possible, and only 1.08 acres are to be acquired from a total ownership at this location of 10.24 acres. 4. That the public interest and necessity require the acquisition and taking of certain real property for street right- of-way for the installation, construction, operation, maintenance, repair and replacement of street surfaces, curbs, sidewalks, shoulders, utility conduits, drainage and sewer facilities as well as all structures incidental thereto because traffic and engineer- ing studies sponsored by the City of Chula vista indicate that anticipated levels of development will necessitate the extension of East J street. 5. That the acquisition and taking of permanent easements, and temporary construction easement for the subject street, street right-of-way, utilities, drainage facilities and appurtenant improvements, upon, through, over, under and across, all and each and every part thereof, is necessary to the public use and it is necessary that all and each and every part of said property, more specifically described in Exhibit 1 and shown on Exhibit 2 above be so acquired because it has been determined that the property to be taken is the minimum required for the improvements to be construct- ed in the most efficient manner possible to meet projected traffic, safety, health and sanitation needs in accordance with good traffic engineering practices, and no other property is available which affords the capability of extending the existing roadway and constructing the utilities and appurtenant improvements. 6. That the real property referred to hereinabove in this Resolution is situated in the City of Chula vista, in the County of San Diego, state of California and more particularly described in Exhibit 1, and shown on the plat, Exhibit 2, which are incorporated by reference. 3 .,,2~'? _."._.,_.....___,..__.,_~.___ __ _ ___.~~~_____._. ,~_. ____.______ ___~·_.___m.'._'______~__ 7. The offer required by section 7267.2 of the Government Code has been made to the owner of record for the acquisition of the required easements to the parcels necessary for the project. 8. The City of Chula vista has urgent need for the immediate possession of such property, and the designated attorneys on behalf of the City are authorized and directed to secure an order of court authorizing the city of Chula vista to take possession of said property at the earliest possible date. 9. That the City Attorney or his designee be, and he is, hereby authorized and empowered to prepare and prosecute each suit or suits as are necessary to condemn, take and acquire said real property described in Exhibit 1 and to make application to the Court for an order fixing the amount or amounts of such security in the way of money deposits as said Court may direct to be made upon the taking of possession of said real property or any part thereof, and to make application for an order permitting the City of Chula vista to take immediate possession and use of said real property, or any parts thereof, and to make deposit of such security in such amounts fixed by the Court and in such a manner as the Court may direct, and to incur on behalf of the City of Chula vista all reasonable and necessary expense in the prosecution of a suit or suits to condemn said real property. 10. That the city Attorney or his designee is directed to file the appropriate complaint in the pursuance of the condemnation action authorized hereby; provided, however, that all matters involving said litigation, including the preparation and filing of said complaint, will be undertaken at the expense of McMillin Communities, who shall also provide any necessary appraisal or appraisals and shall bear full and total costs for legal services and any special witnesses as well as all costs of acquisition including either negotiated prices or value arrived at pursuant to a judgment of the Superior Court. . 1I. The taking, as to any portion of the property which is appropriated or dedicated to a public use, is for a compatible public use consistent with and authorized by Code of civil Procedure section 1240.510. 12. The taking, as to any portion of the property which is appropriated or dedicated to a public use, is for a more necessary public use consistent with and authorized by Code of ci vil Procedure section 1240.510. 13. In previous proceedings held by the City Council, at the EIR Meeting, the city Council, reviewed and certified the Final Environmental Impact Report ("FEIR") was prepared in accordance with CEQA all as more fully set forth in the Council certification Resolution. 4 e:;.p- fr __"0___- ~ __~ __ ____ -_..,---_.--~.,-+--~+--,._.._- 14. The Council has reviewed and considered the FEIR, No. 89-10, and has fully considered the environmental effects of the project as shown therein. The City Council hereby finds as follows: A. Adoption of Findings. The City council has reviewed, considered, and wholly agrees with the contents and does hereby approve, accept as its own, incorporate as if set forth in full herein, and makes each and everyone of the CEQA Findings of Fact attached hereto as Exhibit 3, except as noted below in subsection (c). B. certain Mitigation Measures Feasible and Adopted. As more fully identified and set forth in Exhibit 3 attached hereto, the City hereby finds, pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091, that the mitigation measures described in the FEIR as feasible are in fact found by the City Council to be feasible. C. Infeasibility of Alternatives. As set forth in Exhibit 3 attached hereto, the City Council hereby finds that none of the proposed project alternatives set forth in the Final EIR can feasibly and substantially lessen or avoid the potentially significant adverse cumulative environ- mental effects that will not be substantially lessened or avoided by the adoption of all feasible mitigation measures. D. Adoption of Mitigation and Monitoring Program. As required by Public Resources Code section 21081.6, the City hereby adopts the mitigation monitoring and reporting program ("Program" ) set forth in Exhibit 3, incorporated herein by reference. The city hereby finds the Program is designed to ensure that, during Project implemen- tation, the Project proponent, and any other responsible parties, implement the Project compo- nents and comply with the feasible mitigation measures identified in the Exhibit 3. E. statement of Overriding considerations. Even after the adoption of all feasible mitigation measures and alternatives, certain significant or potentially significant adverse environmental 5 d.tJ - , .--..~ ----_..~.- .. .___..._.__·.m...__.·...·._·". __ _....__ _._...__~_._,____ .,." .~--_._.__. .---..-.---. - -.-..-.-.----..---.---, ,'-.--- effects caused by the Project will remain. Therefore, the City hereby issues, pursuant to CEQA Guidelines section 15093 and as set forth in Exhibit 3 attached hereto, a statement of overriding considerations identifying the specific economic, social, and other considerations that render that unavoidable significant adverse environmental effect acceptable. s to form by Bruce M. F:\HOME\ENGINEER\LANDDEV\E"J'RESO.EAF 6 ;Jð- ItJ U'_n"___" ---.-. -..--.--- . .._.._----~---_._.~--,---~..._..__._...._._-- ,-".__._.-.__._.._._.-----_.._.,..~_.,-_._-_......----. ---'--'-~- .. ¡ , . 'J~ 5620 Friars Road ruCK ENGINEERING COMPANY I San Diego ~~ California 921 10-2596 (619)291-0707 Legal Description TC Ref. J-12322 CO. Order No. EAST "J" STREET, STREET EASEMENT Date By: JC:jb Oeser. Rev. By Date: May 31, 1994 Page 1 of 1 That portion of Quarter Section 63 of Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the County Recorder of San Diego County of May 11, 1869, described as follows: Beginning at the Northwest corner of Lot 351, said corner being a point on the Westerly prolongation of the Southerly Right-of-way line of East "J" Street all as shown on Map No.1 0989 on file in the Office of said County Recorder; thence South 17°54'56" East along the Westerly line of said Lot 351 a distance of 2.02 feet; thence South 80003'22" West 515.06 feet to a point on the Easterly line of Lot 1 of Map No. 11443 on file in the Office of the County Recorder of San Diego County; thence North 17°51'45" West 2.02 feet to the Northeasterly corner of Lot 1 said corner being a point on the Southerly Right-of-way line of East "J" Street all as shown on Map No. 11443 on file in the Office of said County Recorder; thence North 17°51 '45" West along the Northerly prolongation of the Easterly line of said Lot 1, a distance of 33.32 feet to the Southeasterly corner of that certain document granted to the City of said Chula Vista on February 11, 1986 as File Page 86-055520; thence North 09°56'38" West 33.00 feet to the Northeasterly corner of said document; thence North 09°56'38" West 2.00 feet; thence North 80°03'22" East 510.13 feet to a point on the Westerly line of Lot 352 of said Map NO.1 0989; thence South 17°54'56" 2.02 feet to the Southwesterly corner of Lot 352 said corner being a point on the Westerly prolongation of the Northerly Right-of-way line of East "J" Street as shown on said Map No. 10989; thence South 17°54'56" East along the Southerly prolongation of the Westerly line of said Lot 352 a distance of 66.64 feet to the Point of Beginning. ,2,1) ../1 6" X\-' \Ø'''' , RE103 4/89 i I ;, i i : ! · 1 ' I I~ Iii ¡09ff :i /op .,. . II I.. I.! 'e.' ." . ~\ ~ \ ist ,\ '-- \ "I 1 H " ' I' I, \ \ :- to, ___l , \, ~ ____ I " ìi:I. \~, ------- \ ~ \ ~ It, _ \ ...--' b I' ,-.... \ ...--- ,1 '.... ",..'" .l--- " I~· '" ,,¡ .'~ I .., . ,,;- _~... I 1 ~ \ I/..I!"!!"JI"--- \ \ I \ ,#...- ~ \ \., \1:. " \ '$. : ¡ '. . . '\----, \. 1-, \ _...-~- \. .;:¡ C---- \, I ...-- \ ,,,.. \ --- , \ '':I!'--' ~ \ ',-- j 11; ~\ \'t .. . .j '''' 0 !.\ 1(. Z :; ¡;¡ ,,\ \.. ~ j ~ ("\ \\ .... .... \ h. ~ JI,J <g .. -\ '\ \~~~. ~ ~ ..h "_ ~ .:T$' \,\ \ \ -____ 1\. ~ II ~ ..'è" \ I . . "" \., ,\ :~. ~ I " - " '\ ¡ \\ /- Ii' \, ~ ~ ~ \\ ¡;;:r I I II '\' ~ ~ I \~~ I :.. I!! ¡ i' ~' ~ <Ý'<ð Þ · \\ ~\ ...1.. ~I' 0/0/'<<5-: ~ ~~i J J J 'I p 00' - ~... ~ = ' '.' .. _ ... l:. , \:-.\ ..... !i ~ L If , I'" :~. *el"ä , : 1!5 t .- .' 'I t. 1 ~ ~ ;:: ¡ . !\ ~\ I... ¡¡; I"PM! ..\ . I\. I. i2í ..11" . -I \." \ 'II _. ~; .~ \ t,· I"""'~~------ !< ~ -, . ,- ~"",-, I' \ \ I . \ \ II ~ \~ ',- I, I~ ~.' · O!i: . \ \ e: I <,' : . \ I J443 ~ I jÁp¡HO. '" 1'1 I ! I II ~_L---- ~ ~ m I ...--- a . I . - ~ ¥ - I . >2 'i ¡. ~i ; I .2.~'/;J.. ).0 _/1- ~. , T ~ eX~\B\r ¡ , \U __".__.__._ ~,""~~"___,u__,u_'.·_n.·.··_'__. _._~.__~.__.._._.._.,..,__ _.._._.__......., "-.,_._. - ...-----.----- . , RANCHO DEL REY SECTIONAL PLANNING AREA (SPA) m PLAN (EIR.89·10) - . CANDIDATE CEQA FINDINGS IN ACCORDANCE WITH SECTION 21081 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SECTION 15091 OF TITLE 14 OF THE CALIFORNIA ADMINISTRATIVE CODE .- A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY ClERK c20~/7 !¡c vi 0 . EXHI B'T~___ , 1. BACKGROUND . It is the policy of the State of CaJifornia and the City of Chula Vista that the City shaJl not approve a project if it would result in a significant environmental impact if it is feasible to avoid or substantiaIly lessen the effect Only when there are specific economic. sociaJ. or technical reasons. which make it infeasible to mitigate an impact, can a project with significant impacts be approved. Therefore. when an EIR identifying one or more potentially significant environmental impacts has been completed, one of the foIl owing findings must be made: . 1. Changes or alternatives which avoid or substantiaIly lessen the significant environmental effects as identified in the final EIR have been required in or incorporated into the project, or 2. Such changes or alternatives are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency, or 3. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. The foIl owing fmdings are made relative to the conclusions of the final Environmental Impact Report (EIR) for the proposed Rancho Del Rey Sectional Planning Area (SPA) ill Plan (EIR-89- 10) based on the EIR text, and all documents, maps, and illustrations included in the public record. ..20 - / g/ -rr- 2. PROJECT DESCRIPTION The proposed proj~t involves a SPA Plan and tentative map for approximately 405 acres. The plan for the SPA m area is consistent with the Specific Plan although minor land use changes have been made during the detailed planning process. The Rancho del Rey Spa m Plan proposes the construction of 1,380 single-family dwelling units (DU) from 3.8 to 10.6 DUlacre on eight residential parcels comprised of approximately 206 acres. Included among the planned dwelling units are 583 DUs of specialty housing on approximately 85 acres for a small retirement community which will be composed of detached and attached housing. In addition, the project proposes to provide a junior high school site totalling about 25 acres, a neighborhood park estimated at 10 acres, a community facility consisting of approximately two acres, eight open space areas totalling about 148 acres, and major circulation routes totalling about 14 acres. Included with the provision of the El Rancho del Rey Specific Plan is a mechanism to transfer density from one category to another as a pan of the SPA Plan approval process. The density transfer will involve the transfer of 171 residential units within the SPA m project area. The approval of SPA m will include the SPA m Plan, a tentative map, a Public Facilities Financing Plan, Design Guidelines, a Development Agreement, and a Specific Plan Amendment for density transfers and park acreage additions. The elimination of the East J Street link connecting Paseo Ranchero and Buena Vista will require a Specific Plan and General Plan Amendment. The proposed project would be developed in three phases. The first phase would involve development of the proposed retirement community. The second phase would involve the development of the area west of Paseo Ranchero. The third and final phase would involve the development of the area on the east of Pasco Ranchero which would include the junior high school site and the neighborhood park. ;2& - Ie¡ ~ , v" "-.-- ..."...-.- _,,'·.__.,'___m.__ ._________._____~~______._~__.__,___. 3. INSIGNIFICANT IMPACTS The final EIR for the Rancho del Rey SPA m PI~ concluded that the project would not have significant adverse impacts in the following areas (numbers refer to the secûon of the EIR where the issue is discussed): 1. Drainage/Groundwater/Water Quality (4.2) - 2. Air Quality-~, (4.4) 3. Land Use/General Plan/Zoning (4.8) 4. Community Social Factors (4.9) S. Community Tax Structure (4.10) 6. Parks, Recreaûon and Open Space (4.11) 7. Services and Uûliûes (4.12) -. Water Sewer Uûliûes Police Protecûon Fire Protecûon Schools d(}---;20 ~ 1. GEOLOGY/SOn..S (4.1) . Development of the proposed project would involve mass grading for installation of utility facilities and creation of streets and building pads. Detailed grading and earthwork mitigation measures for project impacts associated with geologic units: scismici ty, earthwork, slope stability, foundation stability, drainage, shrinking. and bulking, compaction, expansion, and erosion and seepage, would be implemented prior to and during construction. . . Findinl!s A. Changes or other measures which mitigate the significant environmental effect have been included in the project or are otherwise being implemented. These measures will be incorporated as conditions of approval for final grading plans. foundation plans, and the tentative map. 1) All fill would consist of approved earth material. The geotechnicaJ consultant would be contracted for evaluation of all fill at least two working days before imponation. 2) The height, slope ratio, and compaction of all cut-and-f1l1 slopes would conform to specifications identified by the geotechnical consultant, as appropriate. Fill slopes not conforming to the assumptions stated in the geotechnical recommen- dations would be individually studied prior completion of grading. Cut slopes would be evaluated by the geotechnical consultant during grading. Grading would be done in accordance with Chula Vista Grading Ordinance Number 1797 as amended by ordinances 1877 and 2128. 3) Stabilization fills would be used in areas deemed appropriate by the geotechnical consultant. The types and specifications of stabilization fills would be detemúned during excavation by the geotechnical consultant. . 4) Subdrains would be installed at the base of fills placed in canyons and draws or over areas of actual or potential seepage. Specific locations would be determined by the geotechnical consultant during excavation. S) To reduce impacts from ground shaking during a major eanhqualce, the project proponent would adhere to the Uniform Building Code and the Recommended Lateral Force Requirements of the StrUctural Engineer's Association of Calüomia. 6) Foundations, slabs, footings, and retaining walls would be designed in accordance with specifications identified by the geotechnical consultant, based on the type of soils encountered and pertinent strUCtural considerations. ~ ;2 (/ - ,;2-/ ........-... ...........-,.. 7) Final grading plans and foundation plans for the project site would be reviewed and approved by the geotechnical consultant and the City prior to construction. 8) Highly expansive soils used as fill or settlement sensitive improvements, loose . topsoil/colluvium, landslide debris. alluvial deposits, end-dump fills and undocumented mls not removed by planned grading operations would be removed to fmn natural ground. The exposed natural ground would be scarified and properly compacted to at least 90 percent relative compaction prior to placing additional fill and/or structures. 9) The outer portion of fill slope$ would be composed of compacted granular soil fill to reduce the potential for soH erosion. 10) The site would be brought to final subgrade elevations with structural fill compacted layers. Lifts of fill would be no thicker than will allow for adequate bonding and compaction. Variable lift thicknesses would not exceed 6 to 8 inches. 11) Periodic on-site observations would be made by the soil engineer or engineering geologist during grading and/or construction to monitor for the presence of groundwater. Grading operations on the site would be scheduled to place oversize rock and expansive soils in the deeper canyon fills and to utilize granular materials having a lçw expansive potential to cap building pads and fill slopes. 12) A detailed grading and drainage plan would be prepared in accordance with the City of Chula Vista Municipal Code. Subdivision Manual. applicable ordinances. policies. and adopted standards. The plan would be reviewed and approved before a pemùt is issued by the Engineering Division prior to stan of any grading work and/or installation of any drainage structure. B. All significant effects that can be feasibly avoidèd will be eliminated or substantially lessened by virtue of mitigation measures identified in the final EIR and incorporated into the project as set fonh above. 2. CULTURAL RESOURCES (4.6) , Development of the project under the proposed Specific· Plan would require extensive grading of the project area and would impact the identified cultural resources. . ~ ..2 C;; ~ .:l ;;2.. ..--.-.... . .. --_._---_.~---_......- .--.... _._._~-_._._-- ._._------_.--~-----------------_._-_. -- .-.-..._--- Findin!!s A. The two archaeological sites SDi-960196l and Sdi-9893, located on the SPA m propeny area have been identified as significant cultural resources. Site SDi·9601961 contains evidence which can address the question of the presence of early man in San Diego. Site SDi-9893 consists of surface and subsurface lithic scatter with the potential to yield important infonnation regarding resource exploitation patterns in southern San Diego County. B. The following mitigation program h~ been completeded and significant effects have been mitigated. The program included: SDi-960/96l 1) The examination of existing surface collections. 2) A detailed grid-controlled surface collection of any artifacts remaining on the surface site. Broken cobbles were also collected to evaluate whether or not they are of human manufacture. 3) Surface disturbance was be recorded. Mapping and photographic documentation were completed. 4) Mima mounds were investigated to sce whether the artifacts or broken bones were incorporated into the mounds, were found on the surface under the mounds, or were absent from the mounds. 5) The site was examined by a qualified geomorphologist to analyze the mima mounds, their site setting, age, and stratigraphic integrity. 6) All material collected was washed, cataloged, and analyzed. 7) A repon was prepared detailing the investigation and was submitted to the City of Chula Vista, San Diego State University Clearinghouse, and the Museum of Man. SDi-9893 . 1) The site was analyzed through the excavation of 25 lxI-meter test units. These units were analyzed to determine how much of the site would be excavated. A total of ISO meters of backhoe trenches were excavated to search for potential hearth features. __ -3_- ~ -2/)- d.-J __..._..... _ ._._.. .___,._....-.J-_~._ __......_ 2) A report was prepared detailing the investigation and was submined to the City of Chula Vista, San Diego State University Clearinghouse, and the Museum of Man. C. The mitigation program has been completed and approved by the City. All significant effects that can feasibly be avoided have been eliminated by virtue of completion of the mitigation program as set forth above. 3. TRANSPORTATION (3.7) .- Development of the proposed traffic ~ under the proposed Specific Plan would result in impacts on the roadway network in the vicinity of the project The proposed project is expected to generate approximately 11,405 ADT. Findings A. Changes or other measures which mitigate this significant environmental effect have been included in the project or are otherwise being implemented as follows. These measures will be incorporated a~ conditions of approval for the final map of each phase of project , development. 1) Signalize intersection of Telegraph Canyon Road and Paseo Ladera (phase 1). 2) Open up the south leg at the intersection of East H Street/East Business Park Road where Phase 1 traffic is assumed to enter and exit (Phase 2). 3) Construct Paseo Ranchero between H Street and Telegraph Canyon Road (phase 2). · 4) Extend J Street to provide a through two-lane road between Paseo del Rey and Paseo Ranchero (phase 2). S) Place stop sign controls on Pasco Laden at East J Street, East J Street at Paseo Ranchero, and Paseo Ranchero at Telegraph Canyon Road (phase 2). (The intersection of Telegraph Canyon Road/Paseo Ranchero operates at LOS E for left turns out of Paseo Ranchero; however, low traffic volumes on the minor street do not meet signal wlITants.) 6) Signalize the interseCtion of Telegraph Canyon Road and Pasco Ranchero. . · 7) East H Street/Hidden Vista Drive There are a number of mitigation measures to bring the level of service at this intersection to an acceptable LOS C. · ~ -2tJ -;L-r a) Widen East H Street to four travel lanes in each direction; b) Widen East H Street to four travel lanes in each direction and signalize the Home depot driveway; or c) Widen north approach to provide three left turn lanes. When SR-125 is in place. it is possible that none of the above noted nùtigation measures for this intersecûon would be necessary. Yearly monitoring at the intersection would provide guidance as to when and what type of nùtigation measures arc best ~ B. All significant effects that can be feasibly avoided will be eliminated or substantially lessened by vinue of nùtigaûon measures identified in the final EIR and incorporated into the project as set forth above. ~ c2.t/~~ ----~_._~-- --- --~_..+--.,_...__._--- --,,----.-.-,--...-,., .----.--.---. , S. IMPACTS FOUND INFEASŒLE TO MITIGATE TO AN INSIGNIFICANT LEVEL . 1. LANDFORM ALTERATION/AESTHETICS (4.3) Development of the project under the proposed Specific Plan would require substantial landfonn alteration. The site would be modified from a vacant area of canyons and ridges to a planned residential community. While the SPA n Plan is consistent with the adopted specific plan in tenns of landfonn and visual character, the project would result in significant landform/aesthetic impacts including manufactured slopes up to SO-feet. ,'" 0 Findin!!s A. Changes or other measures which mitigate this significant environmental effect have been incorporated in the project or are otherwise being implemented, in that: 1) The project would adhere to the community design guidelines of the ERDR Specific Plan. These guidelines include: buildings of a low-profile with a variety of sizes. shapes, colors, and materials. 2) The final grading plan would be in confonnance with general grading standards and slope bank standards set forth by the City's Engineering Depanment and the SPA ill Plan. 3) An overall landscape plan providing a comprehensive framework for individual landscape plans would be prepared. Planting would confonn to the applicable City of Chula Vista standards for landscape planting. 4) As a condition of the tentative map, the City Engineering Depanment would approve the grading plan to determine that it is in confonnance with the ERDR and SPA ill plans and the City's design guidelines. The final grading plan would be reviewed by the City Planning Depanment prior to issuance of a grading permit to verify that the design standards have been incorporated into the grading plans. 5) Prior to issuance of the grading permit, a fmal landscape plan prepared by a licensed landscape architect would be submitted to and approved by the City Planning Department. The landscape plan would show appropriate landscaping of all slope areas and public rights-of-way. Landscaping within each phase would be installed prior to occupancy of the first building with the comsponding phase and 100 percent coverage would be achieved for groundcover within nine months of planting. 6) A temporary landscape and erosion control plan which would be approved by the City Planning Depanment would be prepared by a licensed landscape architect prior to issuance of a rough grading permit. The plan would provide for .:20 /,;(? .~-q temporary landscaping on all disturbed areas not proposed to be landscaped in accordanc~ with th~ approved final landscape plans. B. Pot~ntial mitigation measures or project alternatives which would eliminate or substantially lessen the environmental effects and were not incorporated into the project were found infeasible, based on economic, social, and other considerations as set fonh in the final EIR and listed below. 1) Dev~lopm~nt of the project in an economically f~asible manner would require significant landfonn alt~ration because of the hilly nature of the subject property. To reduce the landfonn and !fisual impacts would preclude development of the proposed project according to the goals in the E1 Rancho del Rey Specific Plan and the City of Chula Vista General Plan. 2) D~velopm~nt of the sit~ in a way which would substantially reduce th~ landfonn alteration/a~sth~tic impacts would preclude the use of the site to meet current and project needs for housing, employm~nt, and recreational opportuniti~s. 3) Development of the sit~ in a way which would substantially reduc~ th~ landfolTTl alteration/aesthetic impacts would preclude the us~ of the site to meet current and project needs for housing for senior citiz~ns. 4) Th~ reduction of landfonn alteration and visual impacts on the proj~ct site would preclude the project applicant from achieving the goals of developing the project C. All significant landfonn alteration/aesthetic environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of project changes and mitigation m~asures identified in th~ final EIR and incorporated in the project as set fonh above. There remain som~ significant landform alteration/aesthetic impacts. D. The remaining unavoidable significant effects have been reduced to an acceptable level when balanced against facts set fonh above and in the Statement of Overriding Considerations. 2. BIOLOGY (4.5) A. A prior investigation of the biological resources on the Rancho del Rey SPA m site prepared in conjunction' with the El Rancho del Rey Specific Plan EIR identified significint unmitigable impacts to biological resources related to development to the proposed project. On the basis of those fmdings, a subsequent biological report (RECON, 1989) was prepared and reviewed for adequacy by ERCE (1989). In response to the review, RECON perfonned a field survey and updated the original report (February 1990), The SPA m Plan incorporated measures designed to reduce identified impacts which 3-tO »-02 ? ----- '-'---'-'-~-'-'----'---- ----.---.-....-.----..-.-.- --_._-~--,._.__._.,.__._._---_._------_. .' . include preservation of approximately 40 percent of the Diegan coastal sage scrub habitat occupied by the California gnatcatcher. Findinl!s A. Changes or other measures which nútigate this significant environmental effect have been included in the project or are otherwise being implemented, in that: 1) Natural open space is consolidated in the Rice Canyon. . . 2) The SPA ill Plan will preseÑe approximately 40 percent of the Diegan coastal sage scrub occupied by the California gnatcatcher. 3) A landscape plan to restore natural habitat in disturbed areas is being developed. 4) A revegetation plan to replant cacti in the Diegan coastal sage scrub to recreate habitat for the cactus wren. 5) Acquisition of land with Diegan coastal sage scrub occupied by California gnatcatchers. 6) Acquisition of 0.4 acres of land with vernal pools. B. Potential nútigation measures or project alternative which would eliminate or substantially lessen the environmental effects and were not incorporated into the project were found infeasible, based on econonúc, social, and other considerations as set forth in the final EIR and listed below. 1) Development of the proposed project in a econonúcally feasible manner would involve some loss of biological habitat. The preservation of all, or even a substantial portion, of the biological resources on the project site would not allow development to occur according to the goals expressed in the EI Rancho del Rey Specific Plan or the Qty of Chula Vista General Plan. 2) Development of the site in a way which should provide substantially more open space could result in inefficient infrastructural design 'and would not respond to the current and forecasted housing market needs. 3) The preservation of the biological resources on the project site would preclude the use of the site to meet current and project needs for housing, employment, and recreational opportunities. 4) The preservation of the biological resources on the project site would preclude the project applicant from achieving the goals of developing the project. 3-tt ..20 .~;¿ r 5) The preservation of the biological resources on the project site would preclude the City of Chula Vista from benefiting from the projected increase in net revenues which would accrue to the City from the development ?f the Rancho del Rey SPA ill project. C. All significant environmental effects that can feasibly be avoided have been eliminated by virtue of project changes and mitigation measures identified in the fUlal EIR and incorporated into the project as set fonh above. There remain some significant biological impa.cts. D. The remaining unavoidable significatlt effects have been reduced to an acceptable level when balanced against facts set fonh above and in the Statement of Overriding Considerations. - , .20 -.:< 9 . ~._ _ .. ...______m_._____· ...__._--_._-~"_._.__...~.- , .' " STATEMENT OF OVERRIDING CONSIDERATIONS BACKGROUND The California Environmental Quality Act (CEQA) and the State EIR. Guidelines promulgated pursuant thereto provide: (a) CEQA requires that the decision maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. Where agencies have taken action resulting in environmental damage without explaining the reason whic~ supported the decision, courts have invalidated the action. (b) Where the decision of the public agency allows th~ occurrence of significant effects which are identified in the final EIR but are not mitigated, the agency must state in writing the reasons to support its action based on the fina] EIR and/or other information in the record. This statement may be neœuary if the agency also makes a finding under Section 15091 (a)(2) or (a)(3). (c) If any agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination. (EIR Guidelines, Section 15093) STATEMENTS The City finds that the mitigation measures discussed in the CEQA findings, when implemented, avoid or substantially lessen most of the significant effects identified in the Final Supplemental EIR. Nonetheless, certain significant effects of the project on certain biological resources and landform alteration are unavoidable even after incorporation of all feasible mitigation measures. With regard to these impacts, the City has balanced the benefits of the project against the unavoidable environmental risks in approving the project. In this regard, the City finds that all feasible mitigation measures identified in the CEQA findings, have been and will be implemented with the project, and any significant remaining unavoidable effects are acceptable due to the following specific economic, social, or other considerations, and based upon the facts set forth below, in the CEQA findings, in the Final Supplemental EIR, and in the æcord of consideration of the project, as follows: 1. The City finds that the project is consistent with the demand for housing in the ¡rowing community of Chula Vista. 2. The mix of single and multi-family uses in close proximity to existing and proposed commercial and industrial uses will provide opportunities for persons to reside in areas adjacent to employment facilities and, thus,. will help to relieve typical employment community impacts, such as reducing traffic, noise, and air quality impacts. ~ c2. tJ --- yO · .- '0' 3. In addition, approximately 42 percent of the proposed dwelling units are designated as housing for senior citizens. The project is, therefore, meeting the demand for affordable housing for senior citizens. 4. As a phase of the EI Rancho del Rey Master Plan, SPA m is part of a well-balanced community that will provide the local residents of ChuIa Vista and surrounding residents of San Diego the choice of high quality, mixed density housing with lower densities at the project edges adjacent to existing single family neighborhoods and somewhat higher densities near the major east-west circulation route to maximize through traffic capabilities as well as a specialty housing area (retirement community) in ICCOI'dance with the fonowing subsections of the Hausing Element of the CbuIa Vista General Plan: Goal 2.1.1: wThe provision of decent housing in well-planned neighborhoods for low, modente, middle, and upper income families and individuals.- Objective 2.2.1: rhe overall increase in the housing stock of the planning area.- Objective 2.2.2: -The provision of adequate housing for the elderly, handicapped, large families and persons, and families of modente or low income, and the homeless.- Objective 2.2.3: -The broadening of local residents' choice of housing, housing types, and living environments. Objective 2.2.5: -The reduction of the San Diego Region's unmet need for affordable housing. - Objective 2.2.8: -The provision of adequate public works, facilities, and infrastructure. - Housing Policy 2.3.1: (portion of) "The City of CbuIa Vista supports the 'balanced community concept' [refer to #4 above) . . .- Housing Policy 2.3.7: -Modem housing concepts shall be encouraged in new residenûal developments throughout ChuIa Vista. These should take the form of cluster prdens, common-green projects, planned unit developments, prdcn çartmen~, townhouse projects, mobile home parks, subdivisions, and condominium projects. These concepts, Ü proyçily implemented, could be effectively blended with new single family dwelling developments and provide a physical basis for the implementation of CbuIa Vista's 'balanced community' goals. (!be EI Rancho del Rey $pecific Plan and ¡;JlctIR~ I Plan which cover approximate1y 2300 and 1268 acres of land, respectively, ca11 for a variety of housing types, clustering, and other 'new' and eçerimental development concepts. The plans are not a part of the ChuIa Vista General Plan.)- Housing Policy 2.3.8: wResidenûal environments should be enhanced by the provision of intema1 and adjacent open space.- ~t} - 3/ ~ ___ ....._._.._n.."..._....___._____.__~_··___ ".._~._,___ . , Affordable Housing Program 3.3.10: -The City of Chula Vista, at the CIIlmIt and advance planning levels, shall promote the development of adequate housing for all economic segments of the people in the Chula Vista Planning Area. The City shall especially encourage housing for the elderly and the handicapped.- S. In addition, the project will provide a 10 ICre neighborhood park, 2 ICre community facility, and eight open space areas totalling about 148 acres. 6. SPA m provides for open space/biking circulation the· project site and preserves a coMecting hiJånglbiking link to the park and recreation areas of SPAn and SPA I through open space corridors. ,i, . . 7. The project provides a much needed junior high school, which will œduce the overcrowded conditions which currently exist. This school site would meet existing as well as future needs. Since a major portion of the residential units planned for this project are designated for senior citizens, the number of students generated will be less than that studied ÚI the EIR. The Em studied a worst case scenario. 8. The project reserves approximately 148 acres in open space constituting about 3696 of the project area. A vast majority of this area is preserved as natural open space. Implementation of this project wi)) provide for the long-term preservation of the sensitive biological resources located in the natural open space area. Included in the open space designation area are the golden-spined cercus cactus clump, the riparian and non-native ¡rassland habitats, and undisturbed coastal sage IC1'Ub. Part of the open space preservation area is contiguous to the SPA I open space area creating a large contiguous natural corridor, 9. The project wi)) have a positive fiscal impact on the City of Chula Vista. According to the fiscal analysis prepared by lohn McTighe and Associates in 1989, the project will result in a net fiscal benefit of approximately $64,800 annually to the City of Chula Vista. The development of the project is also expected to have a neutral effect on the . City's capital expenditures and revenues, in that the development will provide public facilities financed either from the developer of the propç.1y or from the property itself through the use of a public debt mechanism tied to the þn,þç!tj. 10. Circulation element improvements include the extension of 1 Street between Paseo del Rey and Paseo Ranchero, construction of Paseo Ranchero between Telegraph Canyon Road and H Street Roadway, and the opening up of the south leg of the intersection of East H Street with East business Park Road. The IOIdway facilities account for approximately 11.5 acres of the project site. 11. As a result of development of the proposed project, two leWer pump llations will be eliminated by the construction of gravity flow leWer lines once the project is implement- ed. In addition, the project plans include plumbing accommodations for use of rcclaimed water, once it becomes available. c2¿J ~ ;3';< ~ , " 12. The project also contains a number of additional overriding public benefits, u follows: (a) incorporation of a school site into the design of the project; (b) a commitment to incorporate bikeways, trails, and trail connections to community parks, open spaces, and adjacent areas; (c) incorporation of a fire station site and a libmy site (SPA I) into the design of the project; and (d) incorporation of a senior citizen nei¡hborhood u part of the overall community design. 13. The implementation of the proposed project, at the General Development Plan larget density, will be able to provide for the economic requirements to financial1y suppon the circulation linkages and public utilities u necessitated. -" ..2£J - ;J} ..---- ~'3 -tG ___ _____________ ..___....~__.___._ ~.....·.,.._.".._n ____~_.__ r ,- j AMENDED MITIGATION MONITORING PROGRAM CITY OF CHULA VISTA RANCHO DEL REY SPA m PROGRAM DESCRIPTION AND GENERAL GUIDELINES . 'Jbis mitiption monitorin¡ program Is based on !he mltiption and monitDrinJ proJ1'llD prepared for the City of QuIa Vista for the Rancho del Rey SPA m Environmental Impact Rçort (EIR) and certified by the City Council In January 1991. This comprehensive mollitarin& program is presenlt4 in two pans. the first of which Iddmses mitigation measures to be monitortd by the City of Chula Vista and the second of which addresses monitorinJ to be provided by the City's environmental çonsultanL The program will aerve a dual purpose of verlfyinglmplemcntation of the mitigation measures for the proposed project and of ceneratin¡ Infonnation on the effectiveness of die mitigation measures to suide future mitigåtion pro¡rams. The program Includes specific monitoring activities, a reponin¡ system. and criteria for evalU&tin¡lhe sucuss of the mitigation measures. The monitoring program for Rancho del Rey SPA m addresses impacà for the fonowin¡ issues: 0 Geology and Soils 0 Dralnagc/OroUlldwatcr/Watcr Quality 0 Landfonn Alteration! Aesthetics 0 Air Quality 0 Biology 0 Cultural Resources 0 Transponation 0 Parks. Recreation, and Open Space 0 Services and Utilities A monitorin¡ team has been usembled. Mana¡ement of !he team is the reçonsibUity of the City of OuIa ViIca. MonitoringlCÛvities will be accomplished by City ISaff and by environmental COIISultanCS to Ihe City. , PROGRAM PROCEDURAL GUIDELINES Prior to any constrµCtÌon activities. meetlnp abould take place bott\'ðCI1 &11 the putie. involved to h.irior.o the monitorin¡ propam and to establish the responsibility and authority of the plnicipants. --- ---.--.. .. ._. __ A., _ -3-f7 c2t:J-;11 III..! T' ts:::. C Nnr 1.1"''''.... . . . It is important that an ef'Rctive reportin¡1)'11Cm be established prior to any monitorin¡ efforts. It is -«eua:y that all the panics involved hIVe a clec andentandin¡ of the miti¡ation IIIOJIitcrin¡ measures IS adopted and that these miliJ&tiOll meuure. be ctiatributed to the partlcipanra of the monitDrin, effon. Thoae who would have a oomp1ete list of a1J the mitiption mealurea ad.opœd by the City would include IpplOpriate City 1tItf, the City'. environmental OODIUItI!ú, the project applicant. the applicant'. COIIIIIlIanIl, and the COIIStrUCtioII CleW IIIJ>... ....uor. The City wU1 diltribute to each monitor a apecltic &t of miliplioD mcumes that pertain to their moaitorin¡ tub and the &¡.)'.,,)'åate time frame that these mitiptioD meuurea Ire anticipated to be imp1eroented. . TIle foDowfn¡ text ÛlCludel a 1Umm&ry of the FOject impaetI. Tbe next MCdOll of the text focaaea 011 the monitorin, responsibilities of: the City of OuIa Vilta 1tIff, followed by a scçtion describin¡ the pro¡ram for which the City's environmental consultant is responsible, The mitiption and monitoring program included in the EnvlroDmeDtal Impact Repon is included IS AaachmCDt A of this document. MONITORING BY CITY STAFF Please note that the followin¡ section derives from the Environmental Impact Report prepared for the Rancho del Rey SPA m project. GEOLOGY AND SOILS Mitigation Measures 1. All fin would consist of approved earth material. Tbe potechDica1 CODsultant would be contacted for evaluation of imported fill at least two wcnkin, days prior to importation. 2- The height, slope ratio, aDd compaction of all cut·and·rill a10pes would confonn to apecif'ICatiODS identified by the porechnical consultant, IS appropriate. Pill slopes not confonning to the assumptions lilted in the potcchnical recommendations would be individually ltudied prior to completion of pding. CUt alopes would be evaluated by Ihe potcchnical consulWiI durin¡ pIdIn,. GrIdin¡ wouJd be done in eccordance with Oula Vista Oradl.n¡ Ordinance Dumber 1797 IS amended by grill".,,~ 1877 and 2128. 3. St."n;...non ð11s Ihould be utllized in lIeU deemed appzopñate by the potechnic:a1 conaultant. The types and speclrlCatlons of ItIblllnt/on fills would be determined durin¡ excavation by the porechnical consultant. 2 c2éJ-35 21 e/cee' !!H:d 1,'1¡169 OJ. ~ WO~~ an 11 16. ¡ Nnr -~,._.._~..._.- . --.-.... '.,_'_--'--~_"-- ~-_. ..~._-_._-- - -------..-.-..----. ----. --~_-..- 4. Subdraina would be Jnsta1led 11 the base of fills p1aœd ÙI canyons IlId maws or over lIaS of actual or potenlialleepa¡c. Spcçific locations woul4 be decermiDed In the field durin¡ ¡ndin¡, with inItallation beinl MViewed by the polo¡ical e<>t''R)I~nt prior to placemeIu of fill. 5. To Jeduce impacts from aroundshaldn¡ durin. a ~ar eanbquaIœ. the JRujcçt þkU1"'lIent would Idhere to die Unifonn Buildin¡ Code and the Recommeaded Laten! Force Requirements of the StrucQIt&1 Bn¡inee:r'. A.Jl'clation of CIlifomi&. 6- ¡w."".tlons, &labs, footin.s, and retainin. W&11s would be dcIi¡ned In ICCOrdance whh çecificatlona identified by the potechnie&l. c:onwtant, based on the type of lOlls CICOUDICrCd and per1inent IIrUCtIIrIl è:onlider&tions. 7. fiDa1 pdins plans and foundations plllls for the project lite would be miewed and approved by the ¡eotechnica1 consultant and the City prior to c:onstruction. 8, Hi¡hly expanslv, iolls used as f1ll would be placed a minimum of 3 feet below finish crade and 15 feet inside of fill slopes. Bentonite, ü used as fill, would be p1aœd a minimum of 10 feet below fllÛsh crade and 15 feet inside of fillllopes. 9. In ueas that receive rl11 or IClÙement aensitive Improvements, 100ae topsoiVcoUuvium, landslide debris, l11uvial deposits, end-dump fills, and undocumented fills not removed by planned grading operations would be removed to finn natural around. The exposed utura1 ¡round would be scarified IlId properly compacted to 11 least 90 perœnt relative compaction prior to placing additional fill wJ/or SIlUCtures. 10. The outer pon:ion of fill slopes would be composed of compacted pnular son fill to IOduce the potential surficial erosion. 11. The IÎte would be brou¡ht to final sub¡rade elevations with Jtn1ctura1 fill compacted in layers. LIfts of fill would be no thicker than will allow far adequate boDdin. and compaction. Variable lift thicknesses would not exceed 6 to 8 inches, 12. Periodic on-site observation. would be made by the lOil en¡ineer or cn¡ineerin. ¡eologist durin. Jrldins and/or consllUctlon to monitor for die prcacnce of pUDdwa.. Oradin. operadona on the site would be scheduled to place oversize rock and ~~".Ive lOlls in die dnrer canyon fills and to utilize granular m&Ieria1s baYID. a low apansion poœnlial lID cap hnIMI.,. pads and Mllopes. MGnIIorIDI A¡ene)' The Cit)' of QuIa Villi En¡!neerin. Depanment would be responsible forvlrifyin¡ imp1emen1a- Ion of the mit\¡.tlon measures usoc1ated with the potential polo¡y IDd IO!1s impIcts. . . 3 c2{/-- 51? C!10/~00'¡;Ði:d ILIS;169 OJ. -vt4- WO~.:I C!~: II 16. S; Nnr - ò DRAJNAGrJGROVNDWATERlWATER QUALITY MWp,lnll M_res 1. AdbereDce to reauIations re¡ardin¡ ItDnnwater dischu¡e let forth in the National PoUutlnt Dilcharge Elimination Sysrem (NPDES). Mødtorml ApDc)' TIle CUy of Oiula Viata En¡inee:rin¡ Department would be responaible for ~ Implementa- lion of die miti¡ation measures woclated with the potential ¡roundwaœr/wlSet quality impacts. . LANDFORM ALTERA. TION/AESTHETICS Mitlption Measures 1. Implementation of the corrununity desip JUide1ines de"U"" in die SPA m plan. 2. Prcparalion of an overall landscape scheme (refer (10 p, "'18 of the Em) p1)vidlng I comprehensive framework for individua1landsclpe plans. Plantinl would confonn to the applJ.çable City of Qula Vista standards for landscape plantin¡. If. rou¡h ¡radin¡ pentÚt is requested. an erosion control plan would also be IIICC'00.'Y (ICe p. 4-19 of the EIR). The plan would provide for installation of &emporary 1andacapinl on all disturbed IJ'U5 not proposed U) be landscaped in ~ordanc:e with approved fina11andscapc plans. This plan must be prepared by a licensed landscape architect. MœltoriD.¡ ÁaeftC)' The Cty of Quia Vista Planning Department and En¡ineerin¡ Department wouJd be responsible for veri!yin¡ the implementation of the mitigation mcuures usociatcd with the landform altentionlauthetlc impacts. AIR QUALITY Mltlp'loa Meuures 1. Adherence to recommendations made by the 1982 SIP and tbe fonbcomins San DicIO Air Quality Plan reprdingloca1 panic:ipation in air emission øducdon IlalWCL 2. The project proponent would f.d1iwe the I1Ie of altanative 1I'IrIIpOrWion modes by promotin¡ public nnsit uaage and cup001in¡ by project KlÌdetúS throu¡h provision of 4 02tJ- J ? 2Ie/¡ee'iÐtfd t¿I¡ISS 0.1. ~ . WO~::I 2~: I I 16. ¡ Nnr ..__m.."..···_···_ - --..---.--.---- .---......--..--.....-----...... -------,---,_._---_.~.- - park-ADd-ride Jots and bicycle facilities, includin¡ bicycle Janes and 1OC\II'e ItOrI¡e fIcilitics It aU publlç facilities within the project IJ'eL 3. Tbc project proponent would provide mass tranlit ICCOmmOdations far convenience of cuaaomen (bul shelters) and vehicles (bus tumoIIu) iDelw.tiD& . tranlit It.Op III front of lite Mirement eommunity on East H Street. 4. To avoid c::rcation of air poUution "hot lpOu" at ÏDtI:rIec:âona, mitiption measures ........_ided in lite Transportation Section would be implemented to reduce potentiaDy al.J1'IfI..W Impacts to air qua1ity. . Moahorina Aaeney . Tbc Qty of OIula Vista Planning and Engineering departments would be laponsible for verifyinJ the implementation of the mitigation measures usoc:ialled with the air quality impacts. CULTtJKAL RESOURCES . . Mltiptkm Measuns . Miliption measures for cultural resources have been completed; DO additional mitis.tion or moDitorin¡ is II"CSSary. TRANSPORTATION Mitiptiou Measures 1. Existin¡ + Cumulative Mitiption Measures L Prior to occupancy of any units of SPA m. subject to meetin¡ traffic warrants, ai¡nalize Telegraph Canyon Road and Paseo Ladcra. 2. 81Ciatin¡ + CUmulative + Phase 1 of SPA m Mitiption Meullla L Open up the south leg of the East H Street/East BIlItÍ~ss Park Road intenecdon where Plwe I traffic is ulumed to enter and exit. 3. Exillin¡ + Cumulative + Phase 1 + Phue 2 of SPA m Yitlp'tlon Measure. L ConsIruct Paseo Ranchero between H Street aDd Te1esraph Canyon Road. 5 =<~;J- 35 ~ b. Ex1end J Street to provide . dIrou¡h two-Iane rOIl! bet_lien Paleo d81 Rey and Paleo Ranchero. c. Place atop IIln controls on Paleo Ladera It But 1 Street, But J Stroet at Pueo RaDche:ro, and Paseo Ranchero It Tele¡raph Canyon Road. 4. P"ltri'l¡ + Cumulative + Phases I, 2, and 3 of SPA m Midption Measures L Si¡na1izc Tele¡raph Clnyon Road and Pueo RaDche:ro. . 5. CompUance with ECVTPP for current end future updatea to IIIIÜUIin ICCeptable levels of IetVice on all affected intersections and roadway Ie¡mcnts. MaaltorID¡ Acency The City of Clula ViN Planning Depanment and the City Traffic En¡lneer would be œsponllble for verifyin¡ implementation of the oútigation measures usocia1l:d with trInIpOJ'tation impacts, PARKS, RECREATION, AND OPEN SPACE . Mitiption Measures 1. The project proponent would provide a detailed concept plan for the park acceptable to City staff and the Pari;s and Recreation Commission, 2. Slopes within the park would be 4: 1 or less, If slopes are peaIe1' than this ratio, the project proponent would be required 10 provide additional parkland. 3. The project proponent would enter unto an agreement with the Sweetwater Union Hi¡h School District and the City of Chula Vista 10 insure public IcceSS to the proposed junior hiJh school's recreational amenities which would iDc1ude socce.r fields, buIœtba1l courts, and tamis courts. 4. The proponent would provide fundin¡ for the diffCftnce in COlt bctwccn fàc;Hti,s built to a:hool standazds and facilities built 10 City standards. 5. Scbool recreational facilities available to the public wou1d be COIIJtrDCted to City of Clula Vilta standards and cSesi¡nec1 in consultation with aty Itaff. 6 , dó~ -3>; . 21121.iLI2II2I·¡~tld 1.1."169 OJ. ~ WO~::I "":11 16. ¡ Nnr ___~~_______.__'__M'.__.__~_·.___. ._______.__.~..__ ___._ , ; 6. To ÌDIUrC adequate interface between Ihc ld.Iaccnt townbomea, the park. and the ICbool, the part woWd be desi¡ned 10 that It woWd DOt be Isolated with cmIy bacb of buDding, flCiD¡ ODto the part. 7. The part woWd be cIeal¡ncd to provide adequate viIlbilit)' into the park from Bast J Street. I. Access lII,the school puking 101 for overflow,mm¡ would be provided. MoaItoriDI ApIIC)' . 1be CIty of C1ula Vista Planning Department and Pub and RKreaIiOD Depanmcnt would be raponaible for verif)'ing implementation of the miliptlon measures ...nc:i," with the puk impacta. SERVICES AND urn.JTIES MitiptioD Measures 1bW: . 1. The applicant shall meet whatever policy regarding water conservation is adopted by City Council. Jmn. 1. Development of on-site sewage fadlities consistent with the 1986 sewer study to accommodate project flows. . 2- Compliance with City En¡lneerln¡ Standards for øwap fllCilities. .b!!a - I, Addition of 4.6 police personnel. lIn' I, Addition of one Fire Inspector. ~ I, Applicant panlclpation in the Mello Roo. ~t)' Facilities Districl is required, Specifically the project 11 located within two Mello Roo$ Districts. Sweetwater U~on Hi¡h School District (PI) '31Dd CuIla Vista City Schools CFD '3, MGahorfDa A&eacy 1be City of C1u1a ViJu Planning Department and En¡ineerin¡ Department woWd be responsible for verifying implementation of the mitigation mcuurcs usociatcd withimpact.s to wa_. seWCl', poJice proœcûon. m protection, and achoola. 7 c2C-YtJ ële/eee'3Ðt:d ILI!iõ16S OJ. ~- 2., WO~I.' þþ: II 16, !iõ Nnr ¡ MONITORING BY THE ENVIRONMENTAL CONSULTANT MonilariD¡ wiJl be pc:rf'ormed by both pnenl ezMroDmllllIll IIIDIÚtmI IDd euvirolll1lClllll 1pIICII1iN, The primary I01e of the environmenlll r·'ï.t,s 1erVÍII. U COIIau'~lIt. to the Qty it to provide apenlJe wilen envlnmmenll11y 8eDSitive iII_ oecur IIId to provide dInctIon for MltlptlOll III addition to die 1IIt of mldpdon measures prov1dc4, each moDitor WID have COII'¡Ilianœ report forma with OKb mitI.llÍon measure wriuen on top of the fonn. The monitors will complete the nport form IDd me It with the City followln¡ Neb monitorin¡ activity. The coDCluaions of tbesc farms will be compiled into an interim and final comprdlcnsivc COIIItI'UCtion report to be nbmitted to the City of CluJa Vilta. TbiJ·report will deacribe the ~or aeeomplilhments of die monitoriD. pzo¡ram. aummarize pzobkms encountered in adúcvin. die ¡oalI of the pzo¡ram. evaluate solutions developed to oven::omc pzoblCl'lll, and FOV= a Jilt of fumre monitotinl pzopms. In addition, Neh monitor will be required to till out and aubmit a 101 report. The 101 report is-uscd to record and account for the monitotinlactiv1tiel oCtile monitor. Wccldyhnonthly ItatUS reports will be JCncratcd from the daily logs and compliance reports and will include aupplemcnlll material (I.e., photopphs. memoranda. telephone lop, INS 1eucrs). The Mitipdon Monitorinl Coorà!nator (MMC) will provide monitoring setvices for biological reaourccs with the exception of the impacts usociated with the vemal pools which will be monitored by the Vernal Pool Midgadon Monitoring Consultant (VPMMC). BIOLOGY DIEGAN COASTAL SAGE SCRUB AND CALIFORNIA GNATCATCHERS øtfntfon - Monitor ¡radinl to reduce impacts to coaslll up acrub habitat. The appljcant ahall defllle and the MMC shall verify the Diepn coaslll lip scrub ams to be mained on the final ¡radln¡ plans prior to any cJearln¡, diaurbin,. or ¡radin, IÇÛvides onsitc in ams conll1n1n, coulll up scrub. An those areas to be mained shall be flailed by the applicant INS reviewed by the MMC 10 prevent encroachment. A field map will clearly id=tify the Diepn sap scrub mitiption Ktivity locations. )(onltorina - The MMC will review the tla¡pg with the consttUCCion øperviaor. '1'be MMC will inspect the Diepn ICNb areas prior to pdin¡ to ensure the fla¡ markers arc viIl"ble and that the areas have not been enc:roIC~ upon. The MMC will inspect die area durin. ¡radinl once ew:ry 1-2 weeks and afIBr ¡radinl is comp1eœd to . 4ete¡.IWIe wbethcr or not encroIChmeDt hu occurred. JteDOrtln. - The MMC will provide the Qty with a report when die ¡ndin¡ II compJeted. 8 02¡) ~ 1); 210/600·:;¡Ðl::lcI ILl ¡ t 69 OJ. ~ WO~::I ¡~: II 16. ¡ Nnr -~~~.._.,.. "-~-~_.._-- ; .MWa&im1- Rancho del Rey developers wID identify a lÎœ with COISW lip ICI'Ub habitat otrlire. and the U.S. FISh and WiJdllfe SeMce (USFWS) and !be CIlifomia . Department of Fish and Game (CDPo) wW de1emllne whether or DOt die IiIc is ICCeptable u otfslte mitigation. The USFWS and the CDFO will eIISI1I'e !bat the CIlifomil ¡nltCltCher population densilie. meet the nquh'ed ~ per left or oChcrwIae meet die crlœril ap-lfllSd in Comment f90 and Responac to Comment f90 in the Cenlfied BIR-89-10 that llltes, the applicant Iha1l ·tcqWre and praerve an off-lite am. of coutalaa¡e scrub hablt,t aemowJedpð by the U.S. Fiab and Wi1c1Iife Service and the City of (bula Vista to equal or to exceed the COIlIa'Yll:ion 1000S· of the other options IWec1 in the !DR. . The developer would dedicate' the mitiption lite to the City of Qlula Vista or any other lpp1o¢a!e entity approved by die City of Chula Vilt&. On an interim basis, protcÇtlon of any resources may be c:mied out tbrou¡h the impoaidon of a conservltion easement. Mm1i1m:iD& . The City of Chula Vista Planning Department in consultation with the U.s. Fall and Wildlife Service and the California Department of Fish and Game would approve the miti¡ation site. . JteDOrtln2' The MMC would verify that conditions hive been met. 1!Iltlntlon. Areas to be preserved in native open aplCe would be ItIked by I represcntalive of the Rancho del Rey survey team and checked by the MMC. .Mm1IW:ID& - The MMC would inspect to ensure that no JI'Idin¡ ICtÎvity OCCID'S in the specialty housing am. until after the ¡nllCalCher miti¡ation IÎte has been approved and acquimi Prior to JI'Iding. the MMC would inspect f1a&Jed areas to ensure !bat IIW'kers are visible and that there is no lisn of encroechment. The MMC would apin inspect after the zrading is completed to detcnnine whether or not ençroachment has occurred, BtJIm:ün1- The MMC will provide the City with a report indicatinl when the pad!n¡ for the apeeialty how, may besin and. again. It the conclusion of ¡radin¡ ICtivities. CONSTRUCTION STAGING AND SEWER LATERAL COIUUDORS MldDtI~ - The applicant and the COIIltr\lCdon aupeMsor will I:XImÎIIC 1be proposed collltnlCtion 1tI¡ÌII¡ areas to determine whether or not theae IIUI will impact IenSitive biolo¡ica1 resources. 9 ~¿J- y~ 210/010'3Ðl:ld 1,15,169 OJ. ~5 WOIiI.::l 9Þ: 11 16. . Nnr - - . b1qpltorln2 - The MMC will inspect III staging areas to determlne wbemu or DOt encroachment into eensitive biolo¡ica1 raoœœ U'CU has occurre4. PaiocIic Inspecdons wW be conducted to ens\ll'e dlat die a¡in¡ area does not expand into IenlÏtive areas. "DOnln, - Å IurMWY of the findinp leprdin¡ COIIIU'IJCtion IIqin¡ areas will be iDcludc4 . in the annual Mpon Ihrou¡hout the cons1I'UCdon period. MI1iD1Im - The applicant wID slake proposed sewer corridor 1M tile MMC will review the ItIking for the sewer insta1lation corridors prior to desi¡a ~"oH,.tlon, These oonidors will be adjusted to avoid sensitive biolo¡ica1 rao1ZR1CI. Sewer 1aIera1s w1U also be positioned 'to minimize impacts to biolo¡icl1 mourccs, lrIsmJW:IIII- The MMC wID inspect die f1a¡¡ed conidor just prior to JI'IdinI to determine that the corridor is positioned in a manner u to avoid sensitive biolo¡icallaOIU'CeS. BuI!min&. The MMC wID provide die City widl . repon 1"C!¡cuing tIIat die sewer laterals have been implemented ICCOrdin¡ to die specif'scatiOrll of die monitoring biologist. Mitllatlon - The applicant would monitor and the MMC verify die existin¡ population of California ¡natcatchers on die SPA m site to detennine the effect of development on die ¡natcatcher, The open space areas of SPAs I 1M D wouki be included in the study I1eI. ,Monltorln2 - The MMC would survey the area throu¡hout the matin¡ and nestin¡ period from carly spring wough late summer. The surveys will be population counts of the California ¡nateateher and will determine approximate tenilDrlal boundaries of each pair. The surveys will be specif1C to the California Fo-tcher. but will be aeneral in approach. No bandin¡. nettln¡. or nppin¡ is proposed.. DeW1ed fWd notes wID be completed and Muonable usumptions will be made u to whether or DOt the same individuals arc present before: and after CODStNCtion. No detailed ve¡etation analysis. including transects or qulldrants, arc l"up()SCd U part or this auk. Å ¡eneral ve¡etation description will be conducted. ~. The MMC will provide the City of Chula Vista with RportS indicatin¡ the effects or development on die ¡natcaICher population. The report will iIIclude the number or birds and their tenilOries, These re901U will be included in die annual repon for . period of five years after completion of the project to auesa the recovery or die California ¡nltcatcher population. The ÜIfomIation pthcnd in this ltUdy will be ahared with the resource aFnciea to help develop a 1e¡i0lll1 set or ¡u1deIines for California ¡natCatCher mitiption plans, 10 c2?l-J(3 . -/110'¡¡£Jl:ld I¿ 1;1651 O.l ~ WOI:I,: 9~' II 16. ¡ Nnr .-.-....- -----...-- .--.. -_._,~._--_. . . - . . , REVEGETATION MWa1I2I!.' 1be MMC will review McMillin's reve,ewion propm. 'Ibia reveptation plan will be tubmiø.ed to the CIty of OluIa Vista PIannin¡ Depa. tUI5..t for final approval. In addition, the MMC will review 111 areas revepwed In open apace InU and areas impac1ed by sewet' Wr:.rals with COIItal ale scrub specirs IWive to the aite, RDR will desi¡n and incorporate I bnsp1ant propam far lUke cholla and San Dieso burel cacti whichwil,l be reviewed by die MMC. 'Jbe ¡olden- Ipiœd cereus cactus clump will remain In open apace. MszDliIu:JD& . TIle revesetation plan will be monitored by the MMC for . period of five )'eIn lID euœe the IUCCeII of the rCvesetation project. Tbe MMC will coaduct field visits quancr1y the ftrst yell, twice the second yell, and once per yell for the foUowin¡ three years, JeDQrtfn2' The MMC will provide the City with reportS documentinS tile areas which have been reve,Jetated and monitorin¡ the ¡roWlh of the reve¡etated areas. These repons will continue (or I period of five years after ItIrtin¡ the revegetation effons. rrEMS TO BE PROVIDED BY THE APPLICANT The MMC win require copies of tile following documents which will1lled in the evaluation of the bio1o¡ica1 resources mitiption monitorin¡ pro¡ram: 0 RDR SPA nr master grading plan 0 RDR SPA m erosion and sedimentation plan 0 RDR SPA m water mana¡einent cuIdeline/plan 0 RDR SPA m landscape and mamon plan 0 RDR SPA m reve¡etation plan 0 RDR SPA m plan for access to open apace IreU far mainteunce IlId fire protection 0 RDR SPA m map of open space trail system and Idjacent 1."ð9Ctp1n¡ 0 RDR SPA m tentative maps 11 d.tJ~f/Ý 21 111/21 111 ',,!.:)toi..! 1¿1;ISg OJ. ~ wo~= ,":11 IS. ; Nnr . . r, EXECUTIVE SUMMARY This document is a Supplemental Environmental Impact Report (SEIR) which addresses the proposed Rancho del Rey Sectional Planning Area (SPA) 111 project. This SEIR should be read in conjunction with the previously prepared Final EIR Œ.IR-83-2). The project applicant, Rancho del Rey Partnership, is proposing development of the third phase (SPA un of the EI Rancho del Rey Specific Plan. The first and second phase of the project, SPA I and SPA II, are currently under construction. The El Rancho del Rey Specific Plan area encompasses approximately 2,450 acres located east of Interstate 805, south and west of Otay Lakes Road, and north of Telegraph Canyon Road in the City of Chula Vista. SPA III consists of a detailed plan for residential development, community facilities, and park and open space uses on approximately 405 acres located southeast of East H Street and north of Telegraph Canyon Road. The SPA 111 Plan is in conformance with the overall - specific plan. Included within the provisions of the EI Rancho del Rey Specific Plan is a mechanism to transfer density fr.om one category to another as a part of the SPA Plan approval process. The density transfer will involve the transfer of 171 residential units within the SPA III project area. The approval of SPA 1lI will include the SPA III Plan, a tentative map, a Public Facilities Financing Plan, Design Guidelines, a Development Agreement, and a Specific Plan Amendment for density transfers and park acreage additions. The elimination of the East J Street link connecting Paseo Ranchero and Buena Vista will require a Specific Plan and General Plan Amendment. PROJECT DESCRIPTION The Rancho del Rey SPA III Plan proposes the construction of 1,380 single-family dwelling W'lits (DU) ranging in density from from 3.8 to 10.6 DUlac on eight residential parcels on approximately 206 acres. Included among the planned dwelling W'lits are 583 DUs of specialty housing on approximately 85 acres for a small retirement community which will be composed of detached and attached -- housing. In addition, a jW'lior high school site totalling 24.7 acres, a neighborhood "';tl~ Lj3 ~~ ,--- ~_w_ --- ._.~_._-~--_.--~._~._._--_.,---,--_.._--_.-_._- park totalling 10.0 acres, eight open space areas totalling 147.6 acres, and major circulation routes totalling 13.7 acres are proposed. The environmental analysis performed for the proposed project includes· the following issues: geology/soils, drainage/ groundwa ter /wa ter quality, land- form/aesthetics, air quality, biology, cultural resources, transportation/access, land use/general plan/zoning, community social factors, community tax structure, parks/recreation/open space and public services. The EIR includes an analysis of project conformance with the City's Threshold Policy standards for fire, police, sewer, water, parks/recreation and drainage. All of the threshold standards are met. ENVIRONMENTAL ANALYSIS Geology/Soils Development of the proposed project will involve grading of ridge-tops and filling , of canyons and side slopes. Soils such as the San Diego Formation are susceptible tI to erosion. Although the La Naclon Fault traces cross the western portion of the site, they are not considered active. Most of the required excavations can be made I 1 by conventional heavy grading equipment. The geotechnical report identifies detailed grading and earthwork recommendations. The geotechnical consultant I would monitor grading to confirm that field conditions are consistent with the conditions predicted by the preliminary investigations. . I Drainage/Groundwater/Water Quality The proposed project will result in additional impervious surface area WRich will I increase surface water runoff rates. Development of the site will result in a change in the type and amount of contaminants contained in surface runoff. This I represents a cumulative impact to local water quality. Existing drainage facilities are sufficient to handle runoff from the project and no mitigation or monitoring is I necessary. Potential impacts to groundwater/water quality would be reduced to below a level of significance through adherence to the regulations of the National .. Pollutant Discharge Elimination System (NPDES) permit for storm water discharge. c2(J-",L/¡? , ~ I - Landform/ Aesthetics Development of SPA III would significantly alter landforms on-site and create manufactured slopes of approximately .50 feet. These are considered significant landform and visual impacts. Grading would primarily be confined to the ridge-top areas, with the major canyon areas retained as open space. The degree of visual alteration is consistent with what was anticipated when the specific plan was approved. Grading associated with the project will be in conformance with the general grading slope bank standards ~t forth in the SPA III Plan. Implementation of the community design guidelines would partially reduce significant impacts. They include landscaping, fencing design, community signing, lighting, and parking design/street furniture. Air Quality The development of the proposed project would result in increased traffic on new and existing roadways as well as additional air emissions and would result in cumulative impacts to the San Diego Air Basin. The project will be in conformance with the forthcoming State Implementation Plan (SIP) which is based on Series VII population projections. Short-term emissions from construction activities would generate dust and diesel emissions resulting in short-term emissions impacts. Emissions from residential activitiy and from the Junior High school site including the use of paint, industrial strength cleaners, fumigation, barbecues and gasoline powered lawnmowers are not considered significant on a project level, but would have cumulative impacts to regional air quality. To reduce potential impacts to air quality the use of mass transit and bicycles within the project would be facilitated, and recommended actions to prevent the development of pollution "hot spots" at intersections would be implemented. Biolo¡¡y Implementation of Rancho del Rey SPA III as proposed would result in significant impacts to coastal sage scrub (on a local and regional basis), vernal pools, California gnatcatchers, cactus wren, and snake cholla. Impacts to the coastal sage scrub community would also include losses of sensitive plants such as the San - Diego barrel cactus and ashy-spike moss. In addition to the California gnatcatcher I I I c¥J -j/? r ¿f ~ +-_..-..__.~ " --- . -_."--_._-----_.~-_.----~.+--_."-~- ·--..... I , ,. and cactus wren, impacts to the orange-throated whip-tail, the coast cholla, and , the San Diego horned lizard may result. With implementation of the proposed mitigation and monitoring measures, significant impacts to biology would not be reduced to below a level of significance. I Cultural Resources Two archaeological sites located on the SPA 1II property have been identified as I significant cultural resource sites an~ contain evidence which can address the I question of the presence of early man in' San Diego. The development of the proposed project would significantly impact these sites. The implementation of an I extensive mitigation and monitoring program would reduce impacts to the sites to below a level of significance. The mitigation program has been completed and approved by the City. All impacts have been reduced to a level below significance. I T ranspar ta tion I The proposed project is expected to generate 11,40.5 ADT. All intersections relevant to the project will operate at LOS C or better in the morning and .. afternoon peak hours under buildout conditions with the exception of the East H Street/Paseo del Rey intersection. This intersection will operate at a LOS D I during the afternoon peak period but not for greater than two hours and thus would be within the limits of the City of Chula Vista's Threshold Policies for traffic. I Potentially significant impacts would be mitigated to below a level of significance with implementation of the proposed mitigation. I Land Use The Rancho del Rey SPA 1II Plan as proposed, is in conformance with the land use I policies and plans of the City of Chula Vista, the EI Rancho del Rey Specific Plan, I and with existing and proposed land uses in the vicinity of the project site. Development of SPA III would not result in significant land use impacts and I mitigation/monitoring is not necessary. . ~tJ/J/ r?- 'I ~-* I - Community Social Factors No potential adverse impacts regarding community social factors are associated with the development of the proposed plan. Impacts to population, housing, and employment are consistent with the EI Rancho del Rey Specific Plan. No significant impacts would be associated with the proposed project; no mitigation or monitoring measures are necessary. Community Tax Structure . Implementation of the proposed Rancho del Rey SPA III would result in a net fiscal benefit of approximately $64,800 annually to the City of Chula Vista; therefore no adverse impacts would result to the community tax structure. No mitigation or monitoring measures are required. Parks. Recreation and Open Space As part of the proposed project, a 10.0-acre neighborhood park would be developed on-site. A large portion of the site (3696) would be dedicated as open space. Although the park does not meet the required acreage as set forth in the City's parkland ordinance, upon meeting the conditions established by the City, the project would not significantly impact Parks, Recreation and Open Space. As a condition of approval of the tentative map, City staff would ensure that conditions Jor the 10.0-acre park have been implemented. Public Services The 1989 Water Allocation Report distributed by OWD limits the number of new dwelling units that can receive water in one year. The receipt by the City of Chula Vista of a service letter from the OWD regarding the proposed project would allow the project to meet the Threshold Standards related to water, and potential impacts would be reduced to below a level of significance. Due to the regional shortage of water, the project proponents would work with the City of Chula Vista to develop a project level water conservation program to reduce water consump- tion. The development of on-site sewage facilities consistent with the 1986 sewer study would provide adequate infrastructure to accommodate project flows. The --- ~¿Ç ~ ~/ [ ~~. -----+..._-~~,-_._~~_._---- I . City of Chula Vista has a surplus of contract capacity in the METRO sewage , system and no significant impacts are anticiapted. SDG&:E would provide utility services to the project site and there would be no impacts associated with the provision of utilities. The proposed project would be served by the Chula Vista I Police Department. Development of the project would significantly impact police protection from the development of the proposed project; however, the addition of I 4.6 police personnel would reduce impacts to below a level of significance. Emergency fire and medical protection. would be supplied in compliance with the Threshold Policy and no significant impacts are anticipated. 80th the Sweetwater I Union High School District and the Chula Vista City School District are involved in the planning and construction of new facilities which would provide adequate I facilities for the additional students generated by the project. Proj ect related impacts to schools 'would be mitigated through the phased implementation of I additional facilities in eastern Chula Vista. The two Mellos Roos Community Facilities Districts, (Sweetwater Union High School District Community Facilities I District No. 3 and the Chula Vista City Schools Facilities District No.3) will provide tax moneys directly to the school districts for implementation of their long-range development plans. . I I I I I I . .,;2C~{) " ~ I -- ~ Table 5-1 ENVIRONMENTAL CONSEQUENCES SUMMARY Issue Impact Mitigation Monitoring Geology/Soils Potential impact Adherence to Uni- Prior to building from proximity to form Building Code permit issuance, La Nacion Fault would reduce impacts geotechnical recom- zone. to below a level of mendations would be . significance. made a condition of the tentative map. Drainage/ Potential impacts to Adherence to NPDES Prior to issuance of Groundwater/ groundwater/water permit regulation the occupancy permit, Water Quality quali ty from runoff. for stormwater the City would ensure discharge would that the project is in reduce impacts to conformance with below a level of NPDES regulations. significance. Landform/ Significant alteration Grading would con- Prior to or as a con- Aesthetics of on-site landforms. form with standards dition of tentative Significant impacts established in map approval, grading to landform and visual SPA III Plan. plans would be inspec- '''-.- quality. Implementation of ted by Planning and community design Building departments lines would par- to ensure that grading tially reduce level standards have been of impacts to land- adhered to. form and visual quality. Air Quality Cumulative impacts Adherence to SIP Prior to or as a con- to regional air regarding local dition of approval quality participation in of the tentative map, air emission re- City staff would duction measures, ensure that recom- encourage use of mended mitigation alternate transpor- measures have tation, and accom- been implemented. modate mass transit vehicles in front of retirement community would partially re- duce cumulative impacts. ,,- »--5/ ~ -.---. ._-_.._-_.._.....,-~---_._~-----_._-_..-~._.- - I Table S-I (Continued) . ENVIRONMENTAL CONSEQUENCES SUMMAR Y 1 Issue Impact Mitigation Monitoring . Biology Significant impacts Qualified biologist Prior to or as a con- to coastal sage to monitor en- dition of the grading I scrub, California croachment of open permit, tentative and gnatcatchers, cactus fill slopes. Re- final map approval, wren and snake . vegetation of the City Planning De- I cholla. coastal sage scrub partment would ensure native species on that recommended manufactured s mitigation measures slopes. Trans- have been imple- :. plant program for mented. cactus. Monitoring program for Calif- I ornia gnatcatchers. Acquisition of land for a preservation I of gnatcatcher and vernal pool habitat. Cultural Significant Implementation of Prior to or as a con- Resources impacts to two extensive recovery dition of tentative ~ resource si tes. program would reduce map approval, City impacts to below a staff would ensure · level of sig- that recommended nificance. mitigation measures have been implemented. I Transportation Potentially signi- Mitigation Annual monitoring ficant impacts of measures proposed program as directed I the proposed project for buildout indude by City Transpor- would be mitigated signalization, re- tation Department. to below a level of configuration to Other site specific · significance with provide dual lanes, measures will be implementation of construction of new made conditions of the proposed miti- road segments, and of Tentative Map and I gation. placement of stop Public Facilities signs. Finance Plan. Land Use None None None · Community None None None Social Factors · '1 02.tl ~~~ I ~ . Table >1 (Continued) EN~ONMENTALCONSEQUENCESSUMMARY Issue Impact Mitigation Monitoring Community None None None Tax Structure Parks/ Potential impacts due Addition of amenities Prior to or as a con- Recreation/ to net def iciency of in proposed park and dition of approval of Open Space of 2.6 acres of . utilization of ad- the tentative map. parkland. jacent junior high City staff would en- school site would re- sure that conditions duce impacts to parks. for the ID.D-acre park Park would also meet have been imple- condi tions estab- mented. lished by the Ci ty. Would reduce impacts to below a level of significance. Public Potential impacts The receipt of a Prior to building Services to water, fire pre- service letter permit issuance venti on, police and from the OWD would City staff would schools. reduce potential ensure that the impacts to water to proj ect proponent below a level of has received a significance. The water service addition of another availability letter, Fire Inspector would has entered an agree- reduce impacts to ment with the City of fire prevention to Chula Vista to provide below a level of an additional Fire significance. The Inspector and 4.6 addition of 4.6 police personnel, and police personnel entered into the would reduce impacts Mello Roos for school to police to below facilities. a level of sig- nificance. ...2¡) -..D ~ "~--'_"_'_--~--~-~"_- ..-.--.-- ._-,~_._._-_..__._-_.- -.-------.------~- Ii fit II f I ~ . J f i I 'l!frtHI 'IU '~I~IIJlf la · It. I' a r It l f . Hf tj"n! fir, JIHfí!f~1 ! I flIU. r~!r ~1~li..:~ ! I· "I· dill Jf,U h~~I~d E ~I. 'llli H !.~~~!.~r ~ · rJ. hI E II' 1¡¡;i'!15j ~ i Ih ~IIUI r! hdhK ~ 'tt . ¡If i 1 ll~t~JH ~ h, !!Ui III H hfiU If'f'f I!Jifí Ifll!l( JHH!}J II ¡ f la hlJ. a .,~!~ Ij~I~FU! ~ lai..f In· fhf¡H Jalahp!l i .. ¡¡1ff 1 !IIi I!J!J!lt!¡i¡¡¡!¡¡ ¡ ~! fIlii !fl.1 Ilt~lr'i ',laHI.'!Jf ; ~ II1I t..II I Iii! in! 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USOLUTIOII OF DE CITY COUNCIL OF DE CITY OF CHt7l.A . VISTA APPROVING DE 'J'ENTATIVE SUBDIVISION MAP FOR . aANCIIO DEL It.EY SECTIOHAL PloMNING AREA CDM· %II, CHt1I.A - VISTA 'l'ltACT .0-02 . WREREAS, a duly verified epplication ror a tentative eubc!ivi.ion aap wa. riled with the Plannin; Department of the C1t:y of Cbula Vbta on lIovember ., UU by bncho del Rey .art:nar.hip, and WREREAS, .aid application requested the .ubdivision of approx1aately 405 acres into residential lots, open .pace areas, a achool lot, park and community purpo.e racility lot, and . ~S, the Plannin; Commis.ion held an advertised public bearin; on aaid project on May I, 1"1, and continued to May 22, l'n, and ~S, the City Council .et the tiae and place for a bear in; on aaid tentative .ubdivision .ap application and notice of aaid bearin;, to;ether with it. purpo.e, was viven by it. publication in a new.paper of veneral circulation in the city and its .ailin; to property owners within 300 fee~ of the exterior boundaries of the property at lea.t ten days p~lor to the bear in; , and . WHEREAS, the bear in; wa. beld et the the and place a. adverti.ed, namely 7:00 p.a., June 11, 1"1, in the Council Chamber., 276 Fourth Avenue, before the C1t:y Council and .aid bear1n; wa. thereafter clo.ed, and WHEREAS, the City Council recertified EIR-I'-10, with Statement of Overridin; Con.iderations, and a..ociated Miti;ation IIonitorin; Pro¡Tam ror bncho del by SPA III. ROW !'IŒREFORE, BE IT USOLVED 'l'HAT ftE CITY' COUNCIL rind. a. ~ollowa : .' .. · hrauant t:o .ection 11473.1 of the 8ubc!1via1on llap Act, the · tentative aUbdivision aap ror bncbo del .ey Sectional Plannin; .area CSPA) III, Cbula Vbta !Tact no. .0-02, 18 round to be in oonfonaanc. with th. varioua alDant. of the City'a General Plan ....d on the following: . . i · 1. th. ait. i. phy.ically .uitabl. ~or r..idential , · developm.nt and the propo.al confons to all .tandards· . ..tabli.h.d by the City for .uch project.. 1 · ;It/ ~'¿'J . + ~ E'XH\ß\T _.. ^..-..--..---- ...._.__._._-~-----_.._. ....-.__..._.----_.~_..._--~-~ ---- " . . . 2. ~e desi9n of the .ubdivision will not .ff.ct the , .xistin; improv.m.nts -- str..ts, ..w.rs, etc. __ .-; Which b.v. be.n d..i9n.d to .void .ny ..rious proI:l1.m.... - 3. ~. pro~.ct is in .ubst.nti.1 conform.nc. with the . Cula Vi.ta Gen.ral Plan Elem.nt .s follows: .. Land V.e - ~e proj.ct b consistent with the G.ner.l Plan, E1 Rancho d.1 ..y Sp.cific P1.n and üa SPA III P1.n which d.sic¡n.t.s the property PC -Pl.nn.d Community, with. variety of land us.s and residential d.nsities. b. Circu1.tion - All of the on-.it. and off-site public .tr..ts required to ..rve the .ubdivision are con.i.t.nt with the circulation .1.ment of Chula Vista G.ner.l Plan and the circul.tion propo..d within the 1:1 .ancho del ..y Specific Plan. ~ho.e f.cilitie. will eith.r be construct.d or in-li.u fe.~ paid in .ccord.nc. with the .ancho d.l .ey SPA III Public F.cilities Financin; Pl.n. c. Sousin; - A low .nd .oder.t. bousin; provram with an ..t.l:Ili.h.d ;oa1 of 5' low .nd 5' .oderat. will be impl.m.nted .ul:l~ect to the approval of the City'. Sousin; Coordin.tor. Comput.tion of the aati.faction of thi. condition will include the .ntire 1:1 .ancho del .ey Sp.cific PI.nnin; Ar.a. -- , . d. Conserv.tion and Open Space - th.pro~ect provide. 148.3 .cr.. of open spac., 36' of the total 404.' - acr... Gradin; h.. be.n limited on bill.ide. and vradinq pl.n approv.l will require the reve;.t.tion of .lop.. in n.tur.l v.;.t.tion. Approv.l of I:IR-8'-10 includ.d the adoption of a .iti;ation .onitorin; proqram outlinin; the aiti;.tion ....ur.. required for pro~.ct imp.ct. on V.ology, aoil., biolo;y, air, w.t.r, cultural resourc.., land form, u.n.portation and utility aoure.. . . .. p.rks and ..cr..tion - '!'ha pro~.ct will be respon.il:ll. for th. i.provem.nt of the 10 acre n.t neiyhborbood park and p.yment of PAD f.e. or . .dd tion.l imProvement. .s .pprov.d by tha Diractor P.rks and Recraation. In addition, a u.n .ystem will be i.plem.ntad through the aouth 1.; of Rice C.nyon, connectin; with other open ap.ca ar.... ~. ..i.mic ..f.ty - '!'b. Rancho del .ey aite b cro...d by th. loa If.cion F.ul t Ion. which b.s on. 2 . ~"/J ~ ¡, ;I . . '. . prominent fault, running north to .outh, with other pot~nti.l trace.. ~he .itig.tion .onitoring J program adopted with EIR-.'-10 provide. for ....ur.. ~o be ~.k.n ~o .i~il.t. the !apact. of d.v.lopment in a..ociation w th the t.ult aone. v· ..f.ty - 'J'h. .ite will be within th. thr..hold r..pon.. ~im.. for tire and polic. ..rvice.. ~he proj.ct will incr.... th. n..d tor addition.l per.onn.l, bowev.r, th. City i. pl.nning to .eet. th.t n..d with addition.l r.v.nu.. provided by th1a proj.ct. h. Public Faciliti.. El.ment - ~hi. proj.ct i. obligat.d in th. condition. of approv.l to provide all on-.it. and off-.it. faciliti.. n.c....ry to ..rve thi. proj.ct. In .ddition to that, there ar. other r.gional faciliti.. which this project ( ~og.ther with SPA. I .nd II) i. contributing to, including . public libr.ry .it., fir. .tation .it., .nd fir. training f.cility .it.. ~he .ubdivi.ion i. .1.0 contributing to th. Otay Water Di.trict'. improv..ent r.quir..ent. ~o provide ~.rainal water .tor.g. for.thi. proj.ct .. well.. oth.r .ajor proj.ct. in th. aa.t.rn t.rritori... h. Noi.e - ~h. unit. will be r.quir.d ~o ...t the standards of ~ha USC with rega~d to acceptable interior noi.e l.v.l.. .' . . i. Scenic Highway - ~he proj.ct doe. not aff.ct thi. el...nt of the Oenaral .l.n. j. Bicycl. Rout.. - Bicycle path. are provid.d .long ~el.graph C.nyon Road, Ea.t -H" Str.at and 'a.eo . Ranch.ro Road e. .hown in the Circulation El..ent. k. Public Building. - No public building. ar. pl.nned tor the sit.. ~h. proj.ct .h.ll be subj.ct ~o RCT and DIF f.... .' 4. Pur.uant ~o S.ction 11412.2 of th. 8ubdiv1aion Map Act, th. Council c.rtifi.. that it baa con.id.red th. eff.ct of th1a approval on the bousing n..d. of the region .nd ha. bal.nc.d tho.. ne.d. again.t th. public .ervic. n.ad. of th. r.sid.nt. of th. City and the avail.bl. ti.c.l and environm.ntal re.ourc... !'b. d.velop.ent will provide tor a vari.ty of hou.inv ~ypa. from .ingl. 'amily d.t.ch.d boa.. to attach.d .ingl. 'amily .nd ..nior housing. In addition, th. addre....nt to ·A ~ . ..2¿J~ d-5 - .., .$ ~ -...--'..-.---.. -'- _ _ --.---.-.--"- ....-.-...--.-- .---.--,...-.---.--.--------.-.-... , . provldinr a percentage of low and moderate priced f b~ua1n; s in. keeping with regional ;oals. t s. ~e confit:ration, orientation and topography of the .1te part ally allows for the optimum .iting of lots ror passive or natural beating and cooling ~rtunitias. . .z rr ""Aln.w\ USOLVED !'HAT '1'HE '.I'ENTATIVE SUBDIVISION HAP ror Rancho del .ey SPA III, Chula Vista !l'ract '0-02, is approved .ubject t:o the rollov1n; concUUon.: . C.ft.rat/Prati.iftBrv 1. ~a Publlc Facllities Financing Plan shall be followed with 1mprov..ants installed in accordance with said plan or as required to ..et threshold stand.rds adopted by the City of Chula Vista. In addition, the .equence in which improvements are con.tructed shall corraspond to any future East Chula Vista '1'ran.portation Pbasing Plan adopted by the City. The City Enginear and Planning Director may at their discretion, modify the .equance of improvement con.truction should conditions chan;e to warrant .uch a revi.ion. 2. All .iti9ation n.c....ry to avoid .ignificant effects itemiz.d in the Miti9ation Monitoring Program for E~vironm.ntal Imp.ct .eport EIR-8'-10 as required prior to Final Map approval, are bereby incorporated a. conditions of approVal. The Director of Plannin; .ay modify the sequence of mitigation at bi. discretion .hould chan;as warrant such a revision. 3., ~e developer .hall comply with the community Purpo.e Facility Ordinance. The area. proposed to show compliance with .aid ordinance ahall be provided prior to approval of the first final .ap. Araa. of consideration for qualification .ust be within tha areas of SPAs I, II or III. Amendment to the El Rancho del .ey Specific Plan and Sectional Plan Areas .ay be necessary to accompllsh compllance. 4. Prlor to flnal ..p approval for Pha.e 1, a Precise Plan shall be approvad by the City Council detailin; the development of the spacialtt.Bou.in; projact. The precise plan shall include but 1. not 1 ited to: detailing the denaity of the various portions of the project, identifyin; the amount of recreational and open .paca facl1itles, detailiny the financial arrangemant. availabl. t:o proposed tenant., ident fylng the age limits and any income ! ~equir..ents of tenants, and ahowing tha percant of the project . ror a.le or rent. . .. . ...... . c2¿J --¿. .? .. .. ~r..~.. .iah~.-ar_w.v anð r.~rðV.m.n~. . .. Prior ~o any r1nal ..p approval for Pha.. 2 or 3 or .ny unit . thereof, the d.v.lop.r ah.ll obt.in .11 n.c....ry riyht-of-W.y ror the con.truction of the unimprov.d off .it. port on of Z..t w -:s- atr..t w..t of P...o Lader., frOll Riv.r Ash Driv. to R.d Oak of .1.c.. .. ~e developer ahall con.truct th.·unimproved off .it. portion of Ea.t -:s- Stre.t w..t of P...o Lad.r., from Riv.r Ash Driva to ..d Oak .l.ce, ~o a Cla.. II Coll.ctor St.ndard, axc.pt th.t the · root aid.w.lk ..y be ..ph.lt concr.t. in.te.d of portl.nd oea.nt concr.te. ~. con.truction of th... improv.m.nt. .h.ll tie guarant..d prior ~o fin.l ..p approval for .h.... 2 or 3 or any unit th.reof. !'h. .ubcUvid.r ..y r.qu..tth. form.tion of . r.iabur....nt di.trict for th... off-.it. improv...nt. in accordanc. with ..ction 15.50 of the Municip.l Cod.. 7. ~e dev.lop.r .h.ll r.qu..t the v.c.tion of th.t portion of ....0 Karvu.rit. .. n.c....ry to .ccompli.h the d..i;n a. .hown on the ~ent.tiv. ..p. Said v.c.tion .hall be accompli.hed prior ~o the approv.l of the fin.l up for Ph... 2, Unit 3. I. !'h. off .it. portion of Z..t -J" Str..t adj.c.nt to Buen. Vi.t. Way .h.ll be vr.nt.d in f.. to the City for Op.n Sp.ce, pUblic utiliti.. .nd oth.r public u.... ~h. vr.nt of this property _ ah.ll be complet.d prior to .pprov.l of a fin.l ..p for Ph..e 3, Unit 3. ~h. d.v.loper .h.ll ent.r into an a;r....nt to not cppo.. the inclu.ion of this prop.rty in Op.n 'pac. Di.trict I 20 (Zon. 7) prior to .pproval of .ny fin.l ~ap for Rancho d.l R.y SPA III. ~h. d.v.lop.r .hall be r..pon.ibl. for the co.t. ...oci.t.d with .nn.xin; this prop.rty to Qp.n Sp.c. Di.trict I 20. .. !'h. d.v.lop.r .hall be r..pon.ible for the con.truction of off .ite improv...nt. .t the w..terly .nd of ....0 del Horte in the 0 Ca.. d.l R.y .ubdivi.ion. ~he con.truction of th... . i.provement. .h.ll be vu.r.nte.d prior to approval of the fin.l .ap for· Ph..e 2, Unit 2. A c..h d.po.it w.. pr.viou.ly d.posit.d with the City to pay the cost of this work. ~h. amount d.po.it.d i. .v.il.bl. ~o the d.v.lop.r for con.truction of the.. 1aprov...nt.. 10. Prior ~o rind ..p .pprov.l ror .ha.. 1, the d.velop.r .h.ll d.dicat. additional ri;ht-of-v.y along the front.g. of the property on aa.t -ø- Str..t ~o provide a 20 root p.rkway . (exi.ting cu.rbl1n. to property 11n.). 11. !'h. d.veloper .hall be n.pona1bl. ror COft8truction of a aid.w.lk/recr.ation.l pathw.y alon; the .ntil'. rl'ont.g. of aubj.ct Pl'operty on aa.t -ø- 8t:r..t rrOll ....0 "neb.ro w..t.rly . ~o ....0 d.l ..y ~o the .aU.f.cUon of the City Engin..r, Dir.ctor of .lanning and the Dir.ctor of ..rk. and R.cr..tion. !'h. con.truction of th... improv..ent. .h.ll be vu.rant..d prior ~o rin.l ..p approv.l for Ph... 1. ~ ,).,¿J---t? --_._'.- --_._----"'- --'"._---,,----~- ..-_.._._----_..._-----~--_.,- ..-- . . (...".~-{-f "/1 ~ '7 :ïL.. ( t', ,,-,-< ç..,. . 12. ~. d.v.loper. ah.ll be r..pon.i~l. for con.truction of.n . .. L. C""" .xp.nd.d 8 ~d 10 foot viðe .ið.walk/r.cr.ational Þathw'Y along !~?' the v.st.rn sid. of ....0 R.nch.ro, to conn.ct the tr.il ay.t.ms in 1:h. .outh l.g of JUce C.nyon .nð in the 'l'el.c;r.ph C.nyon Roa~ op.n .p.c. ar... . '!'b... . rov...nt. aha oonjunctio . on.truc on h.... 0 0 . .d th. Pub .. nancin . 13. ~. d.veloper .h.ll be reapon.i~l. for the con.truction of viðer .id.walka at t:ran.it .top., .ubj.ct to th. approv.l of the City Þg1.neer . - 1.. '!'b. final d..ign of ....0 Ranch.ro ahall 1ncluð. .ight foot wið. landscepe ......nt buffer. a. r.quir.ð by the Stre.t D.sign Standards or be aðjoineð by an open sp.c. lot at l...t .ight f..t vide vith .lop.. no gr..t.r th.n 5:1, .xc.pt in the following ar..s Wher. the final d..ign shall be subj.ct to the approv.l of th. .lanning Dir.ctor, Lanð.cap. Archit.ct anð City· Engin.er: a. Adj.cent to the lot. fronting on C.~o Cal.bazo, Calle Canðel.ro and Punto Mir.l..t. wh.r. a sp.ci.l slope anð ret.ining v.ll d.sign will be i.pl...nt.ð; b. Along the Junior High School .it.; c. Along the .xisting Laðer. Vill.. anð Mi..ion V.rðe .ubdivi.ions vher. .xisting conðitions ah.ll remain; anð d. Adjac.nt to th. out~parc.l own.d by tha Chula Vi.ta School District. . 15. ~he fin.l d..ign of East ftJ" Str.et ahall 1nclùðe 5.5 foot við. l.ndsc.p. ....m.nt buffers .. r.quir.d ~y the Str..t Design Stanðarðs or be .ðjoin.d ~y .n open spac. lot at l...t 5.5 f..t vide vith 5:1 ..ximum sið. slop.s, .xc.pt in the following locations vh.r. the fin.l d.sign sh.ll be subj.ct to the approval of th. Pl.nning Dir.ctor, Land.c.p. Archit.ct and city Engin..r: a. Along the p.rk site; b. Along the ~wo corn.r lot. at th. int.rs.ction of Ea.t "J" Str..t and Camino Mi.l (lot. 82 and .7 of Ph... 2, Unit 1) and th. south.a.t corn.r lot of Ea.t .J" Str..t and Ca~o capot. (lot 15 of Ph.s. 2, Unit 2)1 . c. Mjacent ~o the out-p.rcel own.d by th. Chul. Vista 'chool District, and . . d. Along "'th. .dsUng ael Aire JUdg. subcUv1aion wher. existing conditions sh.ll remain. . . 16. All ret.ining valls which int.rfac. vith the public str..t .yst.. .hall be construct.d to ..tch the Ranch Rancho del R.y SPA III Design Guid.lin. st.nd.rd. for .xt.rior v.lls. , .... .:2¿7-~r " 17. !h. d.veloper ahall be r..pon.ibl. for con.truction of full .treet improv.ment. for all pUblic and private .treet. .hown on the 'l'entative Jlap within the .ubcUvidon boundary; and for the construction of off-ait. improvement. to con.truct .a.eo J "nebero, z..t -,,- Street anc5 .a.eo Ladera a. ahown on the ó' t'ent.ative "p, to the eaU.facUon of the City Engineer. - Said iaprov..entli &hall 1ncluc5e, but not be limited to, a.phalt ooncret. pavement, be.e, concr.te curb, vutter and .idewalk, .ewer and vater utilitie., drainage facilitie., atreet light., eigns, ~1r. bydrant. anc5 tranaition. to .xi.ting improve.ant.. stre.t int.r.ection apacin; a. ehovn on the tentative map i. b.reby approved. 1.. All the .tr.et. ahovn on the ~.ntative Map within th. .ubdivi.ion ~undary, except private street., ahall be dedicated ~or public use. haJ.;n of eaid .treet. &hall ..et .11 City .t.aftdard. . . 1t. A temporary turnaround conforming to City atanc5arc5. .hall be provid.d at the end of atreet. having a l.n;th vr.ater than 150 feet, ..a.ured from the center line of the neare.t inter.ecting atr..t to the center of the cUl-de-sac, .xcept as approved by the City Engineer. 20. CUl-de-sacs and knuckle. .hall be de.igned and built in accordance with City .tandard. unle.. otherwise approved by the City En; ineer. Lo~ eonf!aura~ion ." 21. Fronta;e on all lots shall be a minimum of )5 f..t .t the right- of-way line.xcept a. approved by the City Entineer. ~hi. - condition doe. not apply to fla; lot., a. def ned in the Municipal Code. . t.::' Lot lin.. .hall be located at the top of alop.. .xc.pt a. ·22. ~/ approv.d by the City Engineer. When adjacent to open .pace lots, property line. ahall be 10cat.d . minimum 2.5 feet from the top of alope. :13. ~. preparation of final map. and plan. for th. location.·li.t.d below ahall be carri.d out in .ccordanc. vith th. .' ~o11owing crit.ri. unl... oth.rwi....pprov.d by th. City Engin.er anc5 Dir.ctor of .1.Ming: . ' ~. Provid. a .inimum 10 f..t from th. com.r of ....0 Ranchero and z..t -,,- Str..t to lot.' and 7, Ph... " Unit 2, to . provide ,adcUUonallNff.r and t:r.n.iUon er.a at the , oomer.' l:" - 5~' -<4 t""'y';hcl- . , (;'\ b.' Provid. a ped..trian throughway betw..n lot. 130 and 131, '-....../ Pha.. 3, "nit 2,' ~rom Camino C81abalo to .a.t -,,- Str.et acro.. fram the echool anc5 park ait... ~/¿,( ..... ______ _____. . ...._.__~.____m~____~·_ .---....- . c. Lot 128 of Ph... 2, Unit 1, .hall be widened to a minimum . SO foot vidth to accommodate a cO.bined .lope and maxi.um 5 . foot ret.ining vall. Thi. i. to .void a -tunn.l" effect cre.ted et .ide lot line.. Þ. d. Lot. 3 and I, Pha.. 2, Unit 3 .hall utilize maxi.um 5 foot ~ iÞ bigb r.taining wall., and/or. combination of retaining v.lla and crib vall.. . .. Provide . different name for .ach of the portion. of Pal.&&o Court locat.d to th. .a.t .nd we.t of Ea.t _JII Str.et and th. portion. of Dorado Way locat.d to the .a.t . and ve.t of Camino Miel. .~P..~ ~.../OÐ.ft .~.e. 24. ~e dev.loper ahall ;rant to th. City .treet tr.e planting and .ainten.nce ......nt. along .11 public .treet. .. .hown on the Tent.tive M.p. The width of .aid ......nt. .hall be a. outlined 1n the City'. Street De.ign Standards Policy. 25. The developer ahall be re.pon.ible for .treet tr.e. in accordance with Section 18.28.10 of the Chula Vista Municipal Code. The u.e of cone. .hall b. included where necessary to reduce the imp.ct of root .y.te.. di.rupting .djacent .idewalk. end right.-Of-w.y. 26.. All·open .p.ce lot..dj.cent to public right.-of-w.y .hall ..int.in a width .0 .. to provide 10 feet of l.nd.caping treatment behind the b.ck of .idew.lk. . 27. M.inten.nce of .11 f.cilitie. and improve.~nt..within open .pace .r.a. covered by ho.e owner. a..ociation. shall be covered by CC'Rs to be .ubmitted and approved by the Pl.nning Department prior to approv.l of the ...ociated final map. 28. Prior to the .pprov.l of any fin.l map, the d.veloper·.hall reque.t in writing that maintenance of all facilities and 1mprov..ent. vi thin the open .pace .rea ...ociated with .uch map .hall be the re.pon.ibility of the Rancho del Rey Open Space Mainten.nce Di.trict. 21. Prior to approval of the first final map, a co.prehensive l.nd.cape plan .hall be .ubmitted for review and approval of the City Land.cape Architect and Director of Park. and Recreation. Prior to approval of .ach final map, comprehen.ive, detailed land.cape and irrigation plan., .ro.ion control pl.n. and detail.d vater .anagement guideline. for all land. cape irrigation .ball be .ubmitted in accordance with the Chula Vi.ta Land.cape Manual for the a..ociated landscaping in that final .ap. Tha.e detailed land.cape and irrigation plan. ahall be for the review and .pproval of the City Land.cape Architect and Director of Park. and "creation. 'l'he landsoaping format within the project .ball be to ..pha.be native, drought tolerant plant .at.rial. Exception. can be made for ar.a. where r.claimed ,li- .. - <J~ CX?¿1- ??J · v.~er i. axclu.iv.l~ u..~. Th. compr.h.n.iv. lan~.cape plans ahall adc!re..: · Slope enh.nc...nt en~ l.n~.cap. u.atJD.nt for ~. .lope- in a. . Open Spac. I.ot A, .h... 3, Unit 3, ben.ath ~. Junior Hiqh " School lot. ~. plan .hall a~dr... and provide for mature ~ .1ae rlant ..terial, boulder work and/or buttre.. work on - th. a ope. . b. A ftaturaliaed revegetation proqram for ar.a. of trading in ~.n ap.c. lot., which ma~ include ~..porary lrr qation. c. ~. di.turbed -native- area. wi~in T.l.graph Canyon Road ~.n apac. corridor. ~i. ar.a .hall includ. tr.. Irouping. oru.. t¡r'ov... ~e.. planUng. .hall be treated a. random plantinq. and.hall be id.ntifi.d in at l.a.t .ix area. alonq ~. corridor wi~ .ach location providinq planting. of 50 ~o 100 u.... The exact numb.r of ~r.es and location. are to be approved by the .lanningDepartJDent and D.partment of .ark. and Recreation. Th. Intent of th..e t¡r'ove area. i. ~o provide a con.i.tency with exi.tinq vrove area. in the open .pace corridor we.t of ~e Rancho d.l Rey SPA III ar.a. . 30. .rior ~o .pproval of the first final map, detail. .howinq the location and d..iqn of the trail .y.t~m and a .iqn proqram .hall be .ubmitt.d to and approv.d by ~e Director. of .lanninq and .ark. .nd Recreation. The trail .y.tem in the op.n .pac. lots ahall be a minimum , feet wide wi~in .n . foot horizontal cl.ar .pace and a 10 foot v.rtical clear .pace. ~he a..ociated .iqn program .hall identify the trail network in ~. open .pac. ar.a. and conn.ctinq along ....0 Ranch.ro, ~o th.·..ti.f.ction of ~e Director. of .lanning and .ark. and Recreation. '. 31. .rior fin.l .ap approval for .ha.e 3, .Unit 3 and .ha.. 4, Unit 2 a. .hown on the Tentative Map, cro.. ..ction. .hall be .ubmitted ~o and approved by the Director of .lanning and City Engineer illu.tr.tinq ~. interf.c. where ~. tr.il i. locat.d .dj.c.nt ~o the drainage ditch along Telegraph Canyon Ro.d. ~e fencinq of the drainage channel .hall be ae.thetically plea.ing incorporating the u.e of planting., at:..trian,typ. fencing and vinyl clad fencing. Th..e cro.. .ect on. and decorative fencing program .ay be includad wi~ the comprehansive land.capa plan. .ence .,ate. .hall be providad at locaUon. approval! by ~. City ~gifte.r b allow ..intenance of the drainag. channel. . "ark. J2. fte deVe1~ .hall be obligat.d for 12. J acre. of parkland a. d..crlbed n ~e a=oved SPA Plan, including land, and/or fea., · and/or addU:ional rov.enta, in accordance wlth the .arkland · DedlcaUon Orc!1nence. !'be actual flnal acreege w111 relate to ¡ the ftWlber of unlt. approved wlth the flnal ..p... . S3. !'h. park locat.d in Pha.e 3, Unit 4 .hall be a .1nlm\UII 10 nat u..abl. acr... De.lgn and dev.lopm.nt of the park .hall be .Þ- ~~ ~~?/ . ."~--_....- -""'- -- -,.""'._.~-----,-----_._-" ---.-~.--'_."'--"-~--...- . .Ubjact ~o ~a approval of the city'. Director of Parks .nã aecra.tion and shall conform with the park ..st.r p1.n to be . adoptad by ~a City Council. po 06 34. An adequ.te buffer and .ep.r.tion of 50 fe.t .ha11 b. provid.t , "twa.n ~. re.id.nti.1 lots at the ..st.rn .nd of Pa1.zzo Cour~ .. ~- and ~e exi.tin9 park facilities, to the .atisfaction of the Director of ..rk. and Recreation. 'olution .ay include but is not l1aited to relocatin9 an existin9 t.nnis court or lot ~a4..ivn. 35. A .in1aum 20 foot wide acces. corridor .ha11 be .aintain.d at th. and of ....0 P.1azzo wh.re the cu1-de-.ac abuts the .xi.tin9 p.rk. ..id ar.a aha11 be .ad. part of the park. D.tai1 and . d..ivn of ~. ace... .ha11 be submitted to and approved by the Departaent. of Plannin9 and Park. and Recreation prior to final ..p approv.l for .h..e 3, Unit 1. Cr.ðinð'Drai~aoe 36. An ero.ion and ..dimentation control plan .ha11 b. prepared .s part of ~e vredin; plans. 37. Specific ..thods of hand1in; .torm draina;e are .ubj.ct to d.tail.d approval by the City En;ine.r at the time of .ubmi..ion of 1aprovement and iradin; plan.. D..i9n .ha11 b. accomp1i.hed on ~. ba.i. of the requir.m.nt. of the SUbdivi.ion Manual and ~. Gradin; Ordinanc. (No. 1757 a. amend.d). Th. d.v.10per shall .ubmit calculations to d.mon.trate complianc. with all dr.ina;e require..nts of the 'ubdivi.ion Manual. . - 38. Gradin; propo.a1. .hall be reviewed and approved by the City En;ineer and Director of Plannin; for con.id.ration of ba1anc.d cut and fill, utilization of appropriate .oi1 typ.., eff.ctive land.capin; and r.v.;etation wh.r. applicab1.. Gradin; .hal1 occur in s.par.te ph.... un1... a .in;l. ph... op.ration i. . approved with the ;radin; p1.n. . n. A l.tt.r of permi..ion for ;r.din; shall be obt.in.d from SDG¡E prior to any ;r.din; within or adj.cent to an SDG¡E ......nt or which would aff.ct ace... th.reto. . 40. ~e developer .h.11 ..ke a rea.onab1e .ffort to obtain peraisdon to ;r.de the .lope. alon; aUena Vista Way at th. fora.r int.r..ction of Ea.t -.1- .tre.t. :If permi..ion to ;r.d. .aid slope i. not r.a.onab1y attainable a. det.rmin.d by the City En;ineer, th. retradin; of the.. slope. .hall not be r.quir.d. ~. provi. on. of this condition shall be cOllpli.d with prior to approval of the final .ap fo~ .ha.. 3,. Unit 3. 41. Prior ~o approval of any final .ap for .1n;l. fallilI r..id.ntial . u.e, ~. dev.10per .ha1l submit a l1.t of propo.ed ot. indicat1ny vb.ther th. .tructure will be locat.d on fill, cut or a transit on betw..n two situation.. . .H""' . t ~~ d2t/- ;?d-. '. - . · .2. ~t. ahall be a~ vrad.d a. ~o drain ~o the atr..t or an approved drainag. ayst.m. Drainag. sball not be permitt.d ~o flow over alop... ~t. 71, 72 .nd Ig of Pba.. 2 Unit 1 aball be de.igned ao that th.r. will be no n.gativ. grading or drainage impacts to " . the .djac.nt off-a it. properti.s. . . -- . .3. Gr.d.d .cc.ss ahall be provid.d ~o all public atorm drain at:ructur.s including inl.t .nd outl.t atructur... Pavad acce.. ahall be provid.d ~o drainag. atructur.s locat.d 1n the rear yard of any r.sid.ntial lot or .s .pprov.d by the City Engin.er. ... '!'ba us. of I>ould.rs 1n .inor drainag. basin. .nd .n.rt¡y dissipators 1n the canyon and op.n spac. ar.a. 1n the .anner .pprov.d by the City Engin.er and Planning Dir.ctor, i. encourag.d to .llow wat.r ~o be captur.d .nd ~o .llow tr.es to trow Mturally. - . a.war 45. ~be d.v.lop.r ahall be r..pon.ibl. for p.rforming sewage flow ..t.ring to .onitor ~br.. a.qm.nt. of .ain id.ntifi.d in tb. . Rick Engin..ring r.port dat.d S.pt.mb.r 5, 1990 a. a.ction. OR, X1X2 .nd XL. Met.ring sball be accompli.b.d at the location. d.t.rmin.d by the City Engin..r. M.t.ring sball be accomplisb.d prior ~o the i..uanc. of any building p.rmit for SPA III and b. r.peat.d at int.rvala direct.d by tb. City Engin..r. Should any of th... aegm.nts have .eter.d flow. whicb fill .ore tban lot of the pipe diam.ter, tbe applicant sball construct parall.l faciliti.. a. d.t.rmin.d by the City Engin~.r. ~b. d.v.lop.r - aball .nter into an agr.ement witb the City prior to first final .ap approval providing for all it.m. lndic~.d .bov.. U. An improv.d acc..s road with a .inimum width of 12 f.at .bell be provid.d ~o all aanitary a.w.r .anhol... ~. roadway aball be d..ign.d for .n H-20 wh..l load or oth.r loading .. approv.d by the City Engin..r. . 47. ~be d.v.loper aball obtain permi..ion from the City ~o deposit a.wage 1n . for.ign ba.in. Tbe d.veloper .hall .nt.r into an .gr....nt with the City r.lativ. to the div.raion of ..wag. prior ~o final .ap approval for .ny pha.. or unit ther.of propo.ing aaid diver.ion. ... '!'b. d.v.lop.r ahall be r..pona1bl. for the r..oval of the .xiating a.w.r pump atation. (Mia. ion Verde .nd Can4l.wood). hior ~o .pproval of any final up entailing aaid r"oval, the own.r .nd the City lIball ent.r into .n .gr....nt to ..tabU.h the .cope of work .nd the ..ount to be r.illlbur..d by the City to . the aubcUvid.r for perfondng .aid work. ~. d.v.loper uy also r.;U..t the tonat1on of . .pecial .ewar ..rv1c. .raa to provide · for tha co.t of cOMaction of t:ba ar.a currantly being aerv.d by · the Candlawood pump,.tat1on to the panan.nt vr.vity ..wer -. · .yat... . Unl... oth.rw1a. approv.d by the ~ity Engin..r, th. .cop. of work .t I>oth ait.. .hall be limit.d to the r..ova~ and di.po.al c2¿J- ? 3 . ~ -^ "--"'\.~ · or .qg1paen~, vrading, landscaping and construction of new' · . ..warlin.s and .anbola. requirad for connection ~o the propo.ed bncbo d.l ..y ..wer .y.ta.. Any updzing of Rancho del Rey i aewer line. due .olely ~o the flow venerated by the Mi..ion i Yarde and Candl.wood areas .hall al.o be included. " . _.eta!..!! V.~.r ... Prior to approval of the ...ocia~ed rind .ap, the developer .ball provide on-.i~. infra.tructure ~o acc.pt and ~o U.e ~.cla1a.d va~.r When it is available, along pa..o Ranchero fro. 'J'al.lJr.pb canyon .oad ~o East "H" Stre.t and along East "JII atr.et ~ro. ....0 .anchero ~o tha park .ite, per the adopt.d PUblic F.ciliti.. Pinancing Plan. 10. Any cost. incurr.d from retrofitting the reclai..d water .yste., Wh.n r.clai.ad vatar becom.s availabl., .hall be paid by the dev.loper. Monie. for thi. shall be held by ~he City, through a depo.it .et up by the developer. The amount .hall be determined ~y the developer, approved by the City and in place prior to approval of each associated final map. lire &1. Fir. bydrant. vill be re~ired per the Fire Department .tandards. Hydrant spac ng i. 500 feet for .ingle fa.ily and 300 f.et for .ulti-fa.ily dwellings. 12. Max1aum bydrant pr..sure .hall not .xce.d 150 p.i. 53. Fir. bydran~. and roadway acce.. (per City~ire Mar.hall approval) .hall be install.d, ~e.ted and oper~tional prior to any combustibl. .at.riala plac.don-.ite. .~,' · B~A~ Ð.veloDer and ei~v .hall have .n~.r.d i"~o . ..!mbur..m.n~ . Aar..m.n~ which ~rovid.. ror ~h. develoÐer ~o advance ~he .n~ir. eos~. af relocatina Fire Station No. . and ~or whieh develqÐer .hall be eomÐen.a~.d for aam. above and bevond ~h. daveloÐer'. ~air ahara ~h.r.of. A8r..m.n~./eev.ft.n~. 14. Prior to ~inal .ap .pproval for .ha.. 1, Unit 1, the developer .ball en~ar into .n agre..ent with the City ~o vuarante. the d.v.lopaant of the parc.l .p.cifically for ..nior þousini. IS. Prior 1:0 th. .pproval of the fir.t final ..p,' th. d.velop.r ahall en~.r into an .ir....nt ~o provide a right turn lane at th. inter..ction o~ ....0 d.l .ey .nd Ea.t "H" atr..t, ~o the . .a~isfaction of th. City Engin..r, if the thr..hold .tandard. ~or thi. in~.r..ction .. .xpr....d in the th.n curr.nt Growth llenag_ant ordinance ar. .xc..d.d .~ any time durin; the d.v.lopaant of thia frC!J:J.ct. I'. Prior ~o .pproval of the fir.t final .ap, the d.v.lop.r .hall entar into .n a;r....nt to provide a park-n-rid. facility n.ar )' , ~ ~ ffirt. 02¿/~ ?2j -.-------- ~-- -..".. ..,..------+,--.--- --~..~.- .._,_.__.._---~..- ". . the tnteraection of last -8" Street and 'a.eo Ranchero to include SO parkin! ap.c.., 10 bicycl. lock.r., lightinq, tr.sh receptacl.. and c rcul.tion .triPint to the .ati.faction of the . City ~anelt COordinator. In eddit on, a tran.it .top, to includa a bench, ah.lt.r and tr..h rec.pt.cle, ahall b. provid.d on the north aid. of ...t ,-8" .tr..t. A pl.n of s.id . iaproveaent. and the ti.in! th.r.of shall be .ub.itt.d .nd 2 approved by the City 'l'r.n. t 'Coordinator. .ec¡uire.ent. of this .. oondition..y ,al.o be ..t bY d.dic.tion,.i.prov...nt., and/or tin.ncial participation in . p.rk-n-rid. f.cility ...t.r plan, at the aole di.cretion of the City Council. ~h: ::~~i:~e :i:e .hall ~ fft ~h. vj;J~i~v ef ~h. .i~. i"die.~.d _ . ~n a1ternative eite ~o..ib1v off the territorv of the i:~i:~~;~ ~~Ð vhieh al~.~nativ. .it. ahall ...t with ~h. .~~rov;l i . .7. I'rior to approval of each fin.l aap, copi.. of propo..d CC'R. tor th. aUbdivi.ion .hall be .ubmitt.d to and approved by the City .lanning Departm.nt. ' 58. 'rior to .pproval of the fir.t final .ap, the dev.lop.r .hall provide a ach.dule, .ubject to the .pprov.l of the Planning Director and City Hou.ing Coordinator, for the development of low inco.e bou.ing .. defin.d in the .gr....nt ex.cut.d betw.en the City and Rancho del Rey p.rtn.r.hip p.r City Council ...olution Mo. 15751 dat.d August 7, '1"0. , It. 'rior to the approv.l of .ny final .ap for the subj.ct aubdivi.ion or any unit th.r.of, the d.v.lop.r .hall obtain .11 off-sit. right-of-way n.c...ary for the in.tallation of r.quir.d improve..nt. for that unit. ~he d.v.loper ..h.ll al.o provide ......nt. for all on-.it. and off-.ite pubrlc .torm drains, .ewer. and oth.r public'utilitie. prior to .pprov.l of the final aap. ......nt. .hall be . .ini.um width ot·, f..t vr.ater th.n " pip. ai&., but In no C..e 1... than 10 f..t. 10. ~h. developer ah.ll notify the City .t"l...t 60 day. prior to con.ider.tion of the final .ap by City if off-.ite right-of-way cannot be obtain.d a. required by the Condition. of approval. (Only off-.it. right-of-w.y or ....m.nt. .ff.ct.d by Section 16.62.5 of the Subdivi.ion Map Act ar. cov.r.d by thi. . condition. Aftar aaid notific.tion, the d.veloper ah.ll: . a. '.y tha full co.t of acquiring off-.it. right-of-w.y or ......nts r.c¡uired by th. COnditione of Approval of the tentativa "'p. b. Depo81t with the City the ..ti..t.d co.t of acquiring ..id right-of-w.y or ....ant.. aaid ..timat. to be approv.d by , tha City Þ;in.u. - Bave all .....n~. and/or right-of-w.y docum.nt..nd pl.i. o. prep.r.d end appr.i..l. compl.te Which at. n.c....ry to . coma.nc. condemn.tion proc..din;.. ~ dð~ ?~ ~~-~ -...--,.....-.---- ._-------,-,..---_. . . . d. %f the d.v.lop.r .0 r.qu..t.,' the City aay u.. it. power. . ~ a:f:ir. ri;ht-of-way, ....m.nt. or lic.n.e. n.eded for ; off-. t. improv.m.nt. or work r.l.t.d to the T.ntativ. Map , I ft.,d.v.lop.r. .hall pay all .co.t., tloth dir.ct and ) £ndir.ct incurr.d ~n .aid acqui.ition. "" ~. r.quir...nt. of a, tI, and c atlov. .hall I:Ie accompli.hed prior to the approval of the Fin.l Map. All off-.it. requir.m.nt. which f.ll under the purview of ..ction .6.62.5 of the st.t. SuÞdivi.ion Map Act will be waiv.d in accordanc. with th.t ..ction of the Act if the City do.. not oa.plr with the 120 day limitation .p.cifi.d in that ..ction. 61. lTior ~o approval of .ach final a.p, the d.v.lop.r .h.ll .nter into an .gr....nt with the City to includ. the .ubdivi.ion. in the ..110 Roo. public faciliti.. di.trict or an acc.pt.ble alt.rn.tiv. financin; pro;ra., .ubj.ct to the approv.l of tloth the Cbula Vi.ta El.ment.ry and Swe.tw.t.r Hi;h School Di.trict.. '2. Prior ~o approval of .ach final map, the developer .hall .nter into an a;r.em.nt with the City wher.in h. a;r.e. to comply with that v.r.ion of the Crowth Mana;..ent Ordinance in .ffect at the tim. . tluildin; permit i. i..u.d. Such complianc. includes tlut 1. not limit.d to the then curr.nt Ea.t Chula Vi.ta ~ran.portation Phasing Plan and the adopt.d Air Quality Xmprov.ment Plan and Wat.r Con..rv.tion Pl.n for Rancho d.l Rey SPA XII. , '3. Prior to final aap approval for .ny ph... ~. unit thereof, the d.v.loper ahall .nter into an agr.ement wi~h ~e City wher.by: . . a. ~he d.v.lop.r a;r.e. that the City aay'withhold tluilding .. permit. for any unit. in the .ubj.ct .ubdivi.ion if anyone of th. following occur.: '. 1. R.gional d.v.lopment thr..hold limit. ..t by the then curr.nt adopt.d Ea.t Chula Vi.ta Tran.port.tion . Ph..in; Pl.n bav. l:Ie.n r..ch.d. 2. ~affic volum.., l.v.l of ..rvic., public utiliti.. . and/or ..rvic..·.xc..d the thr..hold .tandard. in the th.n aff.ctiv. Crowth M.n.;...nt Ordinanc.. .. ft. d.velop.r agr... that the City ..y withhold occupancy permit. for any of the ph.... of d.v.lopm.nt id.ntifi.d in the Public F.ciliti.. Finane in; Pl.n (PFFP) for Rancho d.l ..y SPA XII if the r.quir.d public f.ciliti.., a. id.ntifi.d in th. PFFP or a. ...nd.d by the Annu.l IIoni toring Program hav. not 1:Ie.~ ClDllpl.t.d. 64. lTior ~o approval of ..ch fin.l "p, the d.v.lop.r .hall agr.. ~o bot prot..t tha form.tion of a di.trict for the m.int.n.nc. . of land.c.p.d a.dian. and p.rkw.y. along .tr..t. within and adj.c.nt to the .ubj.ct property. . I ..1ot"" ~~ .Jf4'T 2¿J-?¿: . . . ~lor U approval of each fin.1 ..p, ~. d.veloper .h.ll .nt.r IS. into an avre_.nt with ~. City wherein h. holds the City .ara1e.. for any liability for ero.10n, .i1t.tion or incr....d flow of drainag. re.u1ting from ~i. proj.ct. t! II. fte d.velop.r .ha11 ant.r Into .n .gr._.nt witb ~. City .~ ." Whareby ~. d.veloper .vr... ~o particip.t. In ~e .onitorin; of exl.tlng ancS futur. ..wag. ·flow. In the 'telegr.ph Canyon 'l'runk ..war ancS t.b. fin.ncing of t.be pr.par.tion of ~e a.81n Pl.n ancS. ~.uant ~o any .cSopt.d aa.in Pl.n, .gre. ~o particip.te in ~. f ancing of Ûlprov...nt. ..t forth ~.r.in, In .n .quit.ble ~.r. a.id .vr....nt .h.l1 be ex.cut.d by ~e d.velop.r prior ~o final ..p .pproval for .ny ph... or unit propodng to di.cbug. ..w.g. Into ~. 'l'al.gr.p.b Canyon '1'runk a.wer. 17. fte d.v.10per .ba1l permit .11 fr.nchi.ed cabl. ~.levi.ion co.p.ni.. (-C.bl. Comp.ny-) equ.l opportunity ~o pl.c. conduit ~o .nd provide c.bl. t.1.vi.ion ..rvic. for ..ch lot within tbe .ubdivi.ion. 'th. d.v.loper .h.ll .nt.r into .n .gr...ent with all p.rticipatiny Cabl. Co.p.ni.. wbicb .h.ll provid., in p.rt, ~.t upon r.c.iv ng writt.n notic. fro. the CitI th.t ..id C.bl. Company 1. In vio1.tion of the t.rm. .nd condit on. of the fr.nchi.e vr.nted to ..id Cabl. Co.p.ny, or .ny oth.r t.rm. .nd condition. r.gulating ..id Cabl. Co.pany in ~. City of Chul. Vi.t., .. .... .ay fro.·~i.. to ti..·be .m.nd.d, d.velop.r .h.ll .u.p.nd Cabl. Company'. .cc... ~o ..id conduit until City o~.rwi.. notifi.. d.v.10p.r. S.id .vr....nt .ha11 be .pprov.d b.r ~. city Attorney prior to final ..p .pprov.l. 68. 'J'b. d.velopar ,h.l1 utilize ~h. Pa..o .anchero corridor for. con.truction ~raffic unl... oth.rwi.. .pprovad"by the City Engin..r. A con.truction tr.ffic pl.n .h.íl be .ubmitt.d for r.vi.w .nd .pprov.l prior to approv.l of the fir.t fin.l ..p or 1..uanc. of a vradin; p.rmit, which.ver occur. fir.t. 'th. pl.n ahall lnclud. provi.ion. for du.t control .nd .t.t. bour. of oper.tion. ..vi.ion. ~o a.id pl.n .h.ll be .pproved by the City angin..r. ..../P.Y'II~nt.. It. ft. aubj.ct property 18 within the bound.ri.. of Open Sp.c. Dl.trict 120 (Zon. 7), Op.n Sp.c. Di.trict 110 (Ph... II) .nd Aa......nt Diatrict 187-1. Prior ~o final ..p .pprov.l or other F'.nt of .pprov.l for .ny ph... or uni~ ~.reof, ~. d.veloper ahall p.y .11 oo.te ...oci.t.d with: .) detachm.nt of aubj.ct property from Open 8paoe Diatrict 110 (PU" II), and J» Z'..ppOZ'tlona.nt of ........nte for Open .p.c. Dl.trict 120 .. (Zon.7) .nd Aa......nt Dl.trict '.7-1 .... Z'..ult of . aûcUvl8ion of land. within th. proj.ct bouncS.ry. - '70. 'lb. d.veloper .h.ll pay: . ..ø- elf} f 7 '? -þ#-~~ / . a. .prln9 Vall.y S.w.r T7:unJt conn.ction r... (SUO/acre) prior ~o final .ap approval for anI ph..e or unit thereof . oontrlbutinV flow to the Spr n; Valley !'runJt lew.r. . i tI. 'l'el.grapb canyon dralna;. r... In accordanc. with OrcUnan ~ 2314 . . ; .. 71. .AD f.ea .hall be vaived or aodified a. provided In the adopt.d ~llc .acl1itles Pinancin; Plan ror Rancho del Rey. RCT f.e. and DIP fa_ aball bepdd In accordance with the applicable ravulatlon.~nc1udfna the dut: ~o Þav the ~ae. in affect at the SJm. ~h. buldinð b.rmi~. ar; i . @d. PAD f... .hall ~ parente.d until auch ti.. a. the City waive. aaid r.... aJ._e.1.t.".ðU. '72. fte iIoundary or ~e aubcUvidon ahall be tied to the California aystea - aone VI (1883). '13. Prior ~ final aap approval for any unit, the developer .ha11 aubmit a copy of aaid final aap In a di;ita1 format such a. (DXF) vraphic file. ~hi. Computer Aided De.i;n (CAD) copy of ~e final aap aha11 be ba.ed on accurate coordinate geometry calculations and aha11 be submitted on 5 1/2 HD floppy di.Jt prior to recordation of the final aap. 'I". fte developer aay file a a..ter final aap Which provide. for the aa1e of auper block lots corr..pondin; to the units and pha.in; or combination of units and pha.in; thereof, ahown on the tentative aap. .. .- %f aaid auper block lots do not show indiv~dual lot. depicted on ~e approved tentative aap, a sub.equent flna1 aap aha11 b. filed for any lot Which will be furth.r aubdivided. fte City En;ineer aay condition approval of auch a final .ap to . require necesaary plans to provide infrastructure nece.aary top aeet City thre.ho1d po1icie. and to conform to the approved Public Paci1ities Financin; Plan. All auper block lot. created aha11 have access to a dedicated public atreet., Bonds in the..ounts determined by the City En;ineer aha1l be posted prior to approval of a ...ter final aap. laid s..ter final aap ahall not be con.idered the first final aap a. indicated in other condition. of approval unle.. aaid map contalna aln;le or sultiple famUy lots ahown on the tentative ..p. ~. ..qµip...ft~. . . 7S. 'l"he developer ahall OCIJDPII with all relevant Pederal, ftate and Local revulatlon., includ n; the Cl.an Water Act. 'J'be developer ahall be re.ponaibl. for providin; all required testin; and·' dOC\DIentatlon to demonstrate aaid compliance as required by the . City En;ineer. ~ fIþ# ~d/:?.--?r ~.. . -.- .-.-- _'___",_ ....__.._.,.~___ ______ _~_~·__.____.___'_______'N - . ... . " . . '6. ~e developer .hall comply with all applicable .ections of the Cbula Vista Municipal Code aa they exiat at the time of 1.suance of the buildin; permit. Preparation of the final .ap and all 1 plan. ahall be in accordance with the provisions of the 8ubdivlsion Map Act anð the City of Chula Vista SUbdivision Map - Act anð the City of Chub Vista Subdivision ordinaJ)ce. and . 8ubdiviaion Manual. .". AppUcant .hall comply with, remain in compUance with, and . taplement, the terms, conðitions anð provi.ion. of the Sectional Planning Area Plan, anð such Water Con.ervation Plan, the Air Quality Plan and the Public Facilitie. Financing Plan approved by the Council (-Plans") .. are applicable to the property which t. the .ubject aatter of thi. Tentative Map, prior to approval of the Final Kap, or ahall have entered into an a~eement with the City, provicUng the City with .ucb .ecurity ( ncluding recorðation of covenant. runnin; with the land) and implementation procedures as the City may require, a.aurin; that, after approval of the Final Map, the Applicant .hall continue to comply with, remain In compliance with, and implement auch Plans. De~:~o~:~ :h~~~ ::~:: ~~ :~;~e =n~ e1aim ~hat the adootion of a ri e - s :~~:~~ f::~ ~~ ~~r ~~:l~~v Plan eon.ti~ut.s an i~~;~~@; ~~b~ . i ðf ~be eondition. . ~at a copy of this resolution be transmitted to the ownera of the property. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 18th day of July, 1991, by the. following vote, to- wit: .'. . AYES: IIOES: . ÛSEN'l': US'I'EN'l'IONS: Pre.enteeS by . IObertA.Leiter Director of Planning . ala.... ... . ~ :J47 c2tJ" /7 ~ .1:- -1- fit - ____ u__ .__m..__.._ ..._________ _ ____. ".__....... . ........___~__._ _~___ . THIS PAGE BlANK :. , . . . . . ~ ~ >n-d¿J-?-C . ft 1f;L; . sùllivan Cummins Wertz McDade & Wallace ,- ~3 A ~.O~£..IOfol"'" COIlt-o"''''TIOH . ,,.. '.... 11! ",' _ M.C."IN.. CAHIL.L :',." : '~- _'.' t'", .-or....- LAWYERS SCOTT C. CU...""'N.... . .- ".a'" -'- ."5 "OUfIITIoI AVENUE 01.0"0£ 8 UtllltE HI N MAN ....N DIEOO, CA!..'''OlllNIA 82101 oJ. MIC......CI. KUSH I" oJ, MICHAEL MCDADE .JOHN .. MOOT TELE~"'ONE (el.' 233-18.8 ELAINE A. 11I001....5 "AC.IMILE (818) eee.tÞ.-7e ........'1' J. SCHULTZ LEO IULLIVAN ...VCI: III. W~LACE ,,"NE ... KUETHE ,JONN 11I0.. wtlllTZ ADMINIIT_ATOR 0" COUNSEL August 18, 1994 JOIE"'" H. CUMMINS .....IIt.HALL. L. ,.OIltEM..N BY CERTIFIED MAIL. RETURN RECEIPT REOUESTED !EVAN S. .....VICH Susie Mary Bennett, successor trustee of the Bennett Family Trust Agreement dated September 23, 1982 945 East "J" Street Chula Vista, CA 91910 Re: Acquisition of Right Of Way for extension of East "J" Street Dear MS. Bennett: In connection with a residential project known as Rancho Del Rey Sectional Planning Area (SPA) III, Chula Vista Tract 90-02, our client, Rancho Del Rey Investors, L.P., has been required by the City of Chula Vista to acquire a right of way for the extension of East "J" Street across property owned by you. 1 The right of way easement will be 70 feet in width and approximately 515 feet in length (35,967 square feet). In addition, there will be an adjacent slope rights to the north and south of the road right-of-way totalling approximately 11,200 square feet. The legal description of the right of way and a typical description of the slope rights as referenced by the City of Chula Vista's Standard Easement for Street Purposes form is enclosed with this letter. The right of way will extend through assessor's parcel 640-080-39 in an east/west direction, as generally indicated on the plat map enclosed. Present plans for the improvement of the right of way include a 5.5 foot wide sidewalk within the right of way:on both sides of the street and a slope rights outside the right of way along the north and south sides to support drainage and street 1 We understand your property consists of two assessor's parcels, 640-080-39, 7.88 acres,·and 640-050-08, 2.36 acres. 2I3316UIIB2Iijl . <:2£/.- r I EX#/B/í 5 ~ --.. ..------....-..-.-....-. ---"---- ----_._--~--" Susie Mary Bennett August 18, 1994 Page 2 improvements due to grade changes. Sèwer and water lines, street lights and a fire hydrant are planned within the right of way. The existing fence/gate barricades at both ends of the street will be removed and a new 6 foot high chain link fence will be constructed along both sides of the street frontage. The existing metal storage building within the right of way will be relocated from the proposed right of way at no expense to you. (There are no other improvements located within the right of way. ) A retaining wall will be constructed along portions of the northerly side of the street (outside the right of way). The existing home will have access to East "J" Street from its existing driveway with a driveway cut and approach approximately 160 feet west of the home, and another driveway access will be constructed on the south side directly opposite the first. In connection with the acquisition, McMillin has obtained an appraisal from a state-certified general real estate appraiser with an MAl designation. The appraiser has concluded that the total fair market value of the right of way, slope rights, and temporary construction easement as of March 31, 1994, is $7,848, comprised as follows: Right of way easement: 35,967 square feet (valued at 100% of the fee simple interest) $6,618 Slope rights: 11,200 square feet (valued at 50% of fee simple interest) 1.030 Temporary Construction Easement: 23,329 sq. ft. (4 month easement valued at 12% annual return) 200 Total value S7,,84.1 The appraiser has concluded that the "highest and best use" for your property, which is presently zoned PC ("Planned Community") and has no approved development plans, is holding for future development as a residential subdivision consistent with zoning and surrounding development. However, the appraiser has also considered and applied California law, which provides that if dedication of all or some of the property to be acquired would be required in order to actually develop the property at its highest and best use, then that portion should be valued on the basis of the highest and best use which can actually be made of that land without requirement of dedication. Citv of Porterville v. Youna, 195 Cal. App. 3d 1260 (1987). In other words, the 213316LSKB2/ijl ~ .:2¿¿ -¿{d- Susie Mary Bennett August 18, 1994 Page 3 appraiser has concluded that in order to develop your property as a residential subdivision, the City would require that the East "J" Street extension be dedicated. Accordingly, the East "J" Street extension (right of way and slope easements) which McMillin is required to acquire has been valued based on the current use of your land. The appraiser has also determined that special damages to the remainder of your property will exist due to the required ongoing future maintenance of the retaining wall and slope area. He has valued these damages at $2,000. No special benefits to your remaining property have been identified. Based on the foregoing, McMillin hereby offers to purchase the right of way and slope easements for $9,850 cash. This assumes that you have marketable fee simple title, free of liens, and that there are no environmental defects (e.g., toxic wastes, hazardous materials). I realize that the contents of this letter are complex, and understand that you may wish to discuss. this matter with your attorney and/or other advisors. However, I would request that you reply within thirty (30) days of your receipt of this letter. I understand you have already met with representatives of Rancho Del Rey Investors, L.P. and have discussed the contents of this offer. While we remain hopeful that we can reach an agreement, we are forwarding a copy of this letter to the City of Chula Vista and requesting that they commence their procedure to acquire the property through the City's condemnation process. Please do not hesitate to contact me if you have any questions or comments. Very truly ~urs, ~ {l Wdtbæ.. II:; Bruce R. Wallace· 0' of SULLIVAN CtJMMINS WERTZ McDADE , WALLACE A Professional Corporation Enclosures CCI The City of Chula Vista Department of Public Works Engineering Department Attn: Gena Pranco , 213316LSHB2tijl ~ .2(J , OJ EASEMENT FOR STREET PURPOSES The right of way and incidents thereto for a public street upon, over, under and across that certain real property in the City of Chula Vista, County of San Diego, State of California, described as follows: That portion of Quarter Section 63 of Rancho De La Nacion, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 166 filed in the Office of the Coùnty Recorder of San Diego County of May 11, 1869, described as follows: . Beginning at the Northwest corner of Lot 351, said corner being a point on the Westerly prolongation of the Southerly Right-of-way line of East "J" Street all as shown on Map No. 10989 on file in the Office of said County Recorder~ thence South 17·54'56" East along the westerly line of said Lot 351 a distance of 2.02 feet~ thence South 80·03'22" West 515.06 feet to a point on the Easterly line of Lot 1 of Map No. 11443 on file in the Office of' the County Recorder of San Diego County~ thence North 17·51' 45" West 2.02 feet to the Northeasterly corner of Lot 1 said corner being a point on the Southerly Right-of-way line of East IIJ" Street all as shown on Map No. 11443 on file in the Office of said County Recorder; thence North 17·51'45" West along the Northerly prolongation of the Easterly line of said Lot 1, a distance of 33.32 feet to the Southeasterly corner of that certain document granted to the City of said Chula vista on February 11, 1986 as File Page 86-055520~ thence North 09·56'38'" West 33.00 feet to the Northeasterly corner of said document; thence North 09·56'38" West 2.00 feet~ thence North 80·03' 22 n East 510.13 feet to a point on the Westerly line of Lot 352 of said Map No. 10989; thence South 17·54'56" 2.02 feet to the Southwesterly corner of Lot 352 said corner being a point on the Westerly prolongation of the Northerly Right-of-way line of East "J" Street as shown on said Map 'No. 10989; thence South 17·54'56" East along the Southerly prolongation of the Westerly line of said Lot 352 a distance of 66.64 feet to the Point of Beginning. The Grantor hereby further grants to the City of Chula Vista the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public street. RESERVING unto grantor of the above described parcel of land, his successors or assigns, the 2I3316DIa...,,/l.jl ~ c:¿¿) - g-( ~ ~-,-- _.~.______~.._~__,..__.__ ___ ___'0_- right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said City Engineer. The Grantor hereby further grants to Grantee a temporary construction easement of approximately 23,329 square feet outside of the right of way for the purpose of storing construction equipment and materials and for other necessary purposes required for the construction of said public street. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of said public street. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of- way hereby conveyed by reason of the location, construction, landscaping or maintenance of said public street. 213316DEa...<JiJl ~ c:2¡) --?/ ,._.__~~____.___......_...__. .U" _...'u_··_.·_.._.'·_·._____ . Plat Map .. .... East "J" .. Street ':extension . ~ .~oc, ~--r$.!JI G ~' 18. ........... "" SH z "\ ~" ~\. - .-, ~ r";;- , ;9: ....... '- ~. " " ,-, - , :, - S"'~3 J ~';: ..:,."...... ~ \i ~Ô4 :....... d ¿; -g- ~ Rasmuson Appraisal Consultants, Inc. ~ Page 24 · NOTICE OF HEARING TO ADOPT A RESOLUTION OF NECESSITY The City of Chula Vista will hold a hearing-on December 20, 1994 at 6:00 p.m., in the Council Chambers in the Public Services Building located at 276 Fourth Avenue, Chula Vista, California. It is the intent of the city to consider, at that time, the adoption, of a Resolution of Necessity to authorize the condemnation of a portion of your property, in easement (copy attached), for the East J Street Extension Project. Pursuant to California Code of Civil Procedure section 1245.235, each person whose property interests are to be acquired by eminent domain has the right to appear and be heard at the hearing. The City will determine whether (a) the public interest and necessity required the project; (b) the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; (c) the property sought to be acquired is necessary for the project; and (d) the offer required by Government Code 7267.2 has been properly made to the owners of record. The value of the easement arid your right to just compensation are not involved in this hearing. If you wish to speak either for or against the issues which are outlined above, you may appear and be heard by, at the hearing indicating your desire to be heard. ~ c1¿J~ ¡¡- ') (If L, EX',,", 'ß'T b - --.~-..---~"-_._-----+.'---.----_.- --.- --- ~ 5620 Fri.n R.oad RICK ENGINEERING COMPANY San OielO ~ C.hrorniD 92110-2596 16191291.0707 Legal Descrlptior -- I TCIIo.. J-12322 Ii / Co. Ordor No. EAST" J" STREET, STREET EASEMENT / R Da'e i By: JC:jb /1 _r. ......y Date: May 31, 1994 I Page 1 of 1 I < / That portion of Quarter Section 63 of , ncho De La Nacion, In the City of Chula Vista, County of San Diego, State of lifornia, according to Map thereof No. 166 filed in the Office of the County Rec rder of San Diego County of May 11, 1869, described as follows: Beginning at the Northwest cor r of Lot 351, said corner being a point on the Westerly prolongation of the S utherly Right-of-way line of East" J" Street all as shown on Map No.1 0989 on l' e in the Office of said County Recorder; thence South 17°54'56" East along the esterly line of said Lot 351 a distance of 2.02 feet; thence South 80°03'22" W. st 515.06 feet to a point on the Easterly line of Lot 1 of Map No. 11443 on file in he Office of the CClunty Recorder of San Diego County; thence North 17°51'45" West 2.02 feet to the Northeasterly corner of Lot 1 said corner being a point on t e Southerly Right-of-way line of East" J" Street all as shown on Map No. 11443 0 file in the Office of said County Recorder; thence North 17°51'45" West alo g the Northerly prolongation of the Easterly line of said Lot 1, a distance of 33.32 f. et to the Southeasterly corner of that certain document granted to the City of said ula Vista on February 11, 1986 as File Page 86-055520; thence North 09°56'38" est 33.00 feet to the Northeasterly corner of. said document; thence North 09 6'38" West 2.00 feet; thence North 80°03'22" East 510.13 .feet to a point on t Westerly line of Lot 352 of said Map NO. 10989; thence South 00 17°54'56" 2. feet to the Southwesterly corner of Lot 352 said corner being a point on the Weste y prolongation of the Northerly Right-of-way line of East" J" Street as shown on s d Map No. 10989; thence South 17°54'56" East along the Southerly prolongatio of the Westerly line of said Lot 352 a distance of 66.64 feet to the Point of Beginn g. ~ COUNCIL AGENDA STATEMENT Item A /. / Meeting date ..:b< -,fl.ô - 77 ITEM: Resolution (ìl1/,Q Approving a two-and-a-half-year agreement with the Chula Vista Chamber of Commerce to provide visitor and transit information services at the Chula Vista Visitor Information Center and Chamber of Commerce office. Submitted by: Public Information Coordinator GUlbran~ Senior Management Assistant Youn~-- Via: Deputy City Manager Krempl &/::N Reviewed by: City Manager :Fe; (4/5ths vote: Yes-X.. No--> Since opening in 1986, the Chula Vista Visitor Information Center has been run by four commercial operators with mixed success but generally minimizing the costs to the City. On the other hand, the City hasn't made any money from the operation and there have been some questions about the level of promotion of the City versus the conduct of commercial operations. The Chula Vista Chamber of Commerce proposes to place more emphasis on "selling" Chula Vista businesses and attractions, and converting the facility to a true information/visitor center. Recommendation: That Council adopt the resolution (Option A) with the Chamber of Commerce. As an alternative, Council could consider one of the other two options presented below. A. Approve resolution adopting an agreement with the Chula Vista Chamber of Commerce to provide visitor and transit information services at the Chula Vista Visitor Information Center based on the Chamber's proposal to the City Council. B. Direct staff to negotiate an interim contract or hire temporary staff and to issue a Request for Proposals (RFP) based on the amount of interest received from businesses. C. Direct staff to negotiate a contract with Donald Wayne Russell. ;! /- / ,_m _ _..... __ _..__"'....".__,_.,..____,_...__.,._._____~____~,,__ Page 2, Item L-J/ . Meeting Date /,!}- go -11 , Board/commission recommendations: On Wednesday, Dec. 7, the Economic Development Commission voted to support, in concept, the efforts of the Chamber of Commerce to manage the Visitor Information Center. (See Attachments 3 and 9) Background: The BayfrontlE Street Trolley Station is jointly owned and operated by the City of Chula Vista, County of San Diego, and the Metropolitan Transit Development Board (MTDB). The site includes the Visitor Information Center which is co-owned by the City and County, and has been administered by the City under a separate agreement. The center serves a daily average of more than 300 people who request visitor or transit information, with the low about 200 during the winter and the high more than 400 during the summer months. In a previous survey conducted for the City by SANDAG (San Diego Association of Governments), it was détermined that approximately 41 percent of the staff time was devoted to transit-related activities while approximately 59 percent was spent on visitor and commercial activities. Since opening in 1986, the Visitor Information Center has had four operators. In 1986 and 1990, the City issued requests for proposals (RFP). The major objectives of the Visitor Information Center were defined as follows in both RFPs: 1. To provide mass transit information and ticket sales to trolley and bus riders. 2. To provide accurate information to visitors concerning Chula Vista and the San Diego region including Tijuana and Baja, Mexico. 3. To present a positive image of the City, the Bayfront and the South Bay region, and to promote visitor-serving attractions and businesses in the City. 4. To minimize the City/County costs related to the operation of the Center. The City also emphasized that operators should give a preference for Chula Vista promotions, referrals and display materials, and maintain a fully-stocked brochure rack on regional attractions. . Because of the multiple objectives associated with the Visitor Center operation, the RFPs sought to solicit a broa~ spectrum of proposals from interested individuals or organizations. In 1986, the City received two written responses to its RFP---from the Visitor Information Agency (VIA) and the Chamber of Commerce. After the two agencies v! /-c2 ,.+,. ,." ..~...,._~~-_.._-- -_._,_._-_.._---_._.._-+,----~--+ Page 3, Item cJ/ Meeting Date //1 -,~-¿f4 , / combined their proposals, the City approved a contract with VIA which included $1,000 per month rent to the City, $500 per month to the Chamber as a sub-contractor, and required minimal City/County financial support to cover major exterior maintenance and utilities but no subsidy for staffing or interior maintenance. This new video-information company, which had opened two centers in the county, ceased operation in April 1987. The Visitor Center was run by temporary contract employees while staff explored three alternatives, including an analysis of the City operating the facility and placing more emphasis on visitor/transit information services. The Chamber of Commerce submitted a proposal at that time that would have consolidated operation of the center with its general information services contract with the City, reduced the general contract from $24,200 to $6,798 and added an annual subsidy from the City for all staffing, utilities, maintenance and supply costs at the center. In addition, the Chamber proposed that the net income from revenue-generating activities would be transferred to the City. In July 1987, Council approved a six-month contract with Charles Costa Enterprises and after the trial period, extended the agreement for three years. The contract was amended in 1989 to permit display advertising, reduce the rent (an average of $1 00 per month based on gross sales), and shift the responsibility for numerous maintenance costs to the City. In 1990 when Costa decided to terminate his contract, the City Council authorized staff to issue another RFP. That RFP was distributed to more than 100 organizations. Five responses were returned with all but one of the proposers requiring significant operating subsidies by the City/County, ranging up to $151,000 a year. The Chula Vista Chamber of Commerce did not submit a response. The company selected---Urban Convenience Corporation, a subsidiary of Starboard Financial Corporation---submitted the most attractive financial package. The only City/County costs were for building utilities, major maintenance and repairs, and landscape maintenance. UCC's proposal provided a balance of visitor/transit promotion, and commercial activities with low cost to the City and County. UCC, which ran the center at a net loss since starting operations in 1990, indicated the company's desire to assign or terminate the agreement in late 1991. In 1991, The Kobey Corporation was one of the respondents to a Request for Proposals (RFP) issued by the Metropolitan Transit Development Board (MTDB) to operate concessions and to provide transit information at the greatest possible number of San Diego Trolley stations. In August 1991 Kobey entered into a three-year agreement with MTDB to provide these services. Because Kobey had the MTDB trolley station concession contract and wanted to assume the City's contract with UCC, staff concluded it would be more appropriate to negotiate with Kobey rather than to issue another RFP. Kobey has been operating the Visitor Center since February 1992. Overall, Kobey has done a good job of providing visitor and transit information. In monitoring contract performance, staff regularly visited the center, monitored local and regional information c1/- 3 -_.._--.-_._--,~.._...._"_.._.- Page 4, Item c!2I Meeting Date /..-;L -,90 - ~ 'f provided, and observed a courteous level of customer service. Although there was room for improvement during the term of the contract, staff only noted one occasion on which visitor center employees did not give complete information about Chula Vista. Kobey notified the City that it did not want to extend its contract but had received interest from several companies/organizations wishing to assume the operation of the center. Although the agreement with the City expired in June 1994, Kobey has since operated the center on a month-to-month basis as these options have been explored by Kobey and the City. Discussion: The options identified, to date, are summarized as follows: 1. Travelers Aid proposal While the City has not received a written proposal from Travelers Aid, representatives have met with City staff and Kobey regarding the operation of the Visitor Center. Travelers Aid currently operates four visitor information booths---two at Lindbergh Field, one at the Santa Fe Train Depot and one at B Street Cruise Terminal. More than 348,000 people were served by 130 Travelers Aid volunteers at these locations last year. Because Travelers Aid does not engage in any retail or concession sales, representatives had also expressed an interest in a cooperative agreement with Trolley Services, Inc. or another business venture to operate the Chula Vista Visitor Center. 2. Trolley Services, Inc. proposal Following the meetings with Travelers Aid, City staff met with representatives from Trolley Services, Inc. who were interested in negotiating an agreement with the City to operate the facility. (See Attachment 8) The company is finalizing a contract to take over Kobey's operation of the San Ysidro trolley stop. Trolley Services representatives had discussed a possible joint operation of the Visitor Center with Travelers Aid and expressed a willingness to City staff to pursue that option. Trolley Services proposed to hire and pay employees; provide transit and visitor information services; sell trolley/bus passes; maintain required insurance; sell food concessions; and provide financial services including check cashing, peso/dollar exchange, Mexican auto insurance and cashiers 01/-1 . -----.--------."-..- ~.. Page 5, Item !~ó -7~ Meeting Date , checks, They would be open from 9 a.m, to 6 p.m. on weekdays and 9 a,m. to 5 p.m, on weekends. 3. Chula Vista Chamber of Commerce proposal: The Chula Vista Chamber of Commerce submitted a proposal to Council to manage and operate the Visitor Information Center. (See Attachment 1) The Chamber proposes a "sell the City" approach to the Visitor Center with tie-ins to local attractions, hotels/motels, restaurants, retail stores and other businesses. Hired staff would be supplemented by volunteers. The center would be open a minimum of nine hours a day on weekdays and eight hours a day on weekends. Further, the Chamber proposed that the City provide a one-time subsidy of $10,000 to purchase Chula Vista-related memorabilia for resale, and share 50 percent of the salary liability up to an annual maximum of $15,000 if the center fails to operate in a self-sufficient manner. The Chamber agreed to pay the expenses of interior custodial maintenance, security alarm system and trash pick-up, 4. Donald Wayne Russell/Maria Ochoa-Russell proposal Following the Council meeting of Nov. 22, City staff was contacted by Donald Wayne Russell, a Chula Vista attorney. While Russell was made aware of the Chamber's proposal and the Council's direction to staff, he still chose to submit a proposal. (See Attachment 7) Maria Ochoa-Russell is a former manager at the Visitor Center and is familiar with its day-to-day operation. The Russells propose to operate the Visitor Center, guarantee the city a monthly rent of $1,000 and pay the costs of personnel, janitorial services and trash pickup, Additionally, they propose to expand the visitor information services; offer a wider variety of concessions including food, maps and books; sell transiUbus passes; and include displays and advertising about local businesses and services, They would operate from 6:30 a.m, to 7:30 p,m. daily. Under all four of the above proposals, the City would remain responsible for utilities, landscaping, and major maintenance repairs; the contractors would be responsible for custodial maintenance, trash pick-up and alarm services, At the Nov. 22, 1994 City Council meeting (Minutes: See Attachment 2), Council directed that City staff negotiate with the Chamber of Commerce and return with a proposed contract in 30 days, As stated above, the Russell proposal came in subsequent to the cJ/- 6 ~~....__.- ___._____"...._'_.__ ____n ."_... _._. _._ ___.__ _____·_·___··_·___,.~_____"_·,·___'"·_n______ Page 6, Item Jj . Meeting Date /J--¿;P.. '1~ Council meeting and is included for additional information. With negotiations underway, Kobey has agreed to operate the center until Dec. 23. (See Attachment 6) Policy shift with regard to the operation of the Visitor Center: This proposal by the Chamber represents a major departure from previous Council decisions to keep City/County costs at a minimum. By way of background, when the Visitor Information Center was first opened in 1986, the City recognized that Chula Vista's major tourist/visitor draws were location---close proximity to attractions in San Diego and Tijuana---and affordability. Construction was just beginning on the Chula Vista Nature Center and Chula Vista Harbor, and many other facilities were on the drawing board. At that time, it was decided that some commercial activities would be permitted at the center in exchange for the free distribution of visitor and transit information. While the combination of providing commercial and informational activities has not been ideal from a "pure" visitor information standpoint, the mix of commercial/information activities did allow the facility to operate for eight years at minimal cost to the City. However, it has been envisioned that the Visitor Information Center eventually would be more fully devoted to tourist/visitor information with its focus on the major projects and attractions being developed in Chula Vista. With the expected spring openings of the U. S. Olympic Training Center and the EastLake Performing Arts Center, and other pending projects such as a Family Fun Center and the midbayfront, staff agrees with the Chamber that this is an appropriate time to re-emphasize the visitor portion of the center's mission. The Chamber, in cooperation with the Hotel/Motel Association and other Chula Vista businesses, believe that they can focus on emphasizing visitor/transit information and sales. While past operators of the Visitor Center have had limited success selling display advertising to City businesses or merchandising Chula Vista memorabilia, the Chamber believes that this can be accomplished in an approach that will better "sell the City" as a place to stay, shop and eat. In addition, the Chamber would continue to provide information and a fully-stocked brochure rack on major regional destinations such as Tijuana, Balboa Park and the San Diego Zoo; serve transit riders with schedules and the sale of trolley and bus passes; and conduct limited food and retail sales. Regardless of which option is chosen, it is still proposed that the visitor service mission continue to respond to local as well as regional inquiries and continue to provide transit services and limited commercial activities. ,:1/- (., u_.._."__ -"-.''''''.'.-.-.-'+-',--. -------.- ---- Page 7, Item ¡;!i -?J1 Meeting Date . Negotiated contract with Chamber of Commerce: As per Council direction at the meeting of Nov. 22, City staff has met with the Chamber of Commerce and negotiated a proposed contract. (See Attachments 4 and 5) The Chamber will be responsible for hiring, training and paying staff, as well as recruiting and training volunteers, Salary costs will be offset by the sale of display advertising, trolley/bus passes, Chula Vista memorabilia, snack and soft drink concessions, and Mexican insurance, The City will pay up to 50 percent of the salary costs in any quarter that the center is not self-sufficient---up to a maximum liability of $15,000 a year. In this contract, the Chamber agrees to assume the responsibility to maintain/operate the Visitor Center, including regular maintenance, cleaning and supplies for the interior of the center and restrooms; bi-weekly trash pick-up; and the alarm service. The City will continue to maintain the exterior of the building and also has agreed to complete several needed improvements immediately. These are: painting the interior and exterior of the Visitor Center, adding a new anti-graffiti coating, completing a number of minor repairs, replacing the awnings, and providing bird control as needed on the building and lights. (See following table) . co</-1 -- ----.-.....-.. . -.----. ...--.----- - - -----_._-~-----_..,_.-.._~--~----. Page 8, Item ~~ 2JO - o/rf Meeting Date PROPOSED CHAMBER CONTRACT - ANNUAL COSTS CITY/COUNTY COSTS CHAMBER COSTS Potential Subsidy $15,000 Salaries $30,554 One-time start-up Custodial $5,400 Inventory $10,000 Paper Supplies $960 Improvementsl Trash Pickup $964 Painting $3,550 Alarm Service $396 Telephone $1,200 Subtotal: $13,550 Resale Items $5,160 Misc. (including Ongoing Maintenance" insurance, accounting, Utilities $12,580 administration) Landscape Maint. $16,700 $9,268 Landscape Suppl. $1,000 TOTAL Facility Maint. $10,000 $53,902 PROJECTED Subtotal: $40,280 CHAMBER REVENUES $55,200 TOTAL $68,830 " Costs for maintenance and utilities are for trolley station as a whole. These costs are shared with the County (approx. $20,000 per year). As part of this agreement with the Chamber, staff is recommending that the contract to operate the Visitor Information Center be combined with the Chamber's existing contract with the City to provide general information services. The Chamber concurs with this recommendation. Many of the activities required of the Chamber in the General Information Services contract would be duplicated at the Visitor Center and can be easily handled at the Center by adapting the phone lines. Currently, phone calls total about 52 percent of the requests, and all categories of phone calls that are p:rt of the contract with the Chamber also are required information topics at the Center. It is recommended that the mailing activities and walk-in requests would continue being handled at the Chamber office. Although staff does not recommend any change in the level of compensation for those c2/-7 --..-----------.--..-- -,--.--,- .._--_._...~-,_.__._-----_._~-_._._._._~._~-.._._-- Page 9, Item ;</ Meeting Date Ü',?y -"71 services at this time (current rate $30,148 per year), staff does recommend that this issue be reviewed in connection with the Chamber's further marketing plans for the City. The basic terms of the proposed contract are summarized as follows: 1. Term: Two and one half years commencing on January 1, 1995, with three consecutive options to extend the lease for three year periods for a maximum of nine additional years. 2. Staffing: The Chamber will staff the center with one and a half paid employees, who will be assisted a cadre of local volunteers. 3. Hours of Operation: The Chamber will operate the center a minimum of nine hours a day on weekdays and eight hours a day on weekends, opening with the hours of 9 a.m. to 6 p.m. on weekdays, and from 9 a.m. to 5 p.m. on weekends. 4. Items for sale: The Chamber is permitted to conduct retail activities that include selling soft drinks and snack foods; Mexican auto insurance; postcards and other memorabilia; and display advertising. 5. Design Layout: The City and Chamber will work cooperatively to develop a design layout for the building that will include space for displays of the City's attractions and businesses, additional signage, and other elements that would contribute to the overall image and appearance of the Visitor Center. 6. Maintenance/repairs: The Chamber will be responsible for the cleaning of the interior of the center, trash disposal and telephone costs; the City/County will be responsible for the major maintenance and repairs, exterior landscaping and utilities. Other options: Issue an RFP While the Council directed staff to waive the RFP process and negotiate an agreement with the Chamber of Commerce, as noted previously, several businesses have expressed interest in operating the Visitor Center. Although staff does not recommend pursuing an RFP at this time, it is worth noting that the opportunities at the Visitor Center continue to attract interest in spite of the limited past success of commercial operators at this site. Because of the number of potential proposers and the significant difference between a rental agreement and a subsidy agreement, Council may wish to consider issuing a formal RFP. 0</- '7 ...."----.--- ..._.. _u_..._____ ___ _ M.'_.'_.___ _. _.+._,_.._....__...__________~.___._____.___,_ Page 10, Item Û ~ -11 Meeting Date In addition to the three proposers that have directly contacted the City, staff has been told that a number of other commercial operators have contacted Kobey after learning that the company is not continuing its operation. Issuing an RFP would continue the Council's previous direction to keep City expenses at a minimum while maintaining the potential to generate revenue for the City. Revenue would be obtained from offering a mix of visitor/transit information with retail and advertising sales. On the other hand, the City distributed more than 100 copies of the RFP in 1990 and received only five responses. All but one of those responses required significant operating subsidies of up to $151,000 a year. Since issuing an RFP, evaluating responses and negotiating a contract would take several months, if the Council chose this option, a decision would have to be made either to close the center for a few months or to negotiate an interim agreement for operating the facility. Other options: Donald Wayne Russell/Maria Ochoa-Russell As another option, Council could direct staff to negotiate a contract with Donald Wayne Russell and Maria Ochoa-Russell. Donald Russell believes that private enterprise can manage the center at no added cost to the taxpayers and has "no doubt" that the City could make money from the operation. He has proposed to pay $1,000 a month rent and all of the costs for maintaining the interior of the building. The Russells propose to run the facility with more emphasis on Chula Vista information and products; suggested an 800 phone number for out-of-state callers; and would formalize a system for referrals to Chula Vista hotels and other businesses. Because of familiarity with managing the center, they would commit to taking over the operation within a week after Kobey closes. Fiscal Impact: The fiscal impact to the City of operating the Visitor Center has been approximately $3,000 a year for utilities. Other costs for the trolley station as a whole include outdoor utilities ($9,500), landscape maintenance and supplies ($17,700), and the costs for maintenance and repairs ($10,000), which have varied significantly from year to year. These trolley station costs would continue to be paid by the City/County in the proposed Chamber contract. As in the past, adequate funds are available for these purposes in the approved FY '94-95 Bayfront Trolley Station fund. ,~/-J¡) _.~_. - -- -.-.-..---..-..,,--.- ~ _._._~-,~-------_.- ~.,..__.__.._---_.,----- Page 11, Item 2/ Meeting Date /0 'õO-11 New costs to the City are estimated at $28,550, which include one-time start-up inventory ($10,000), recommended center improvements and painting ($3,550), and an annual salary subsidy (maximum $15,000). Several options exist for paying the additional City expenses for staff and start-up of the facility by the Chamber of Commerce. A combination of transit (TDA) monies, and monies from the settlement on the removal of the former bowling alley may provide a partial offset. Likewise, the ongoing discussions on abatement of the TOT may provide a revenuE1 source should it be raised in April 1995. The City also agrees to develop a design layout in cooperation with the Chamber. Staff is exploring several options to develop this design, including utilizing qualified City staff. Once a design layout is developed, completing the display and fixture improvements to the Visitor Center would be another cost that cannot be estimated at this time. Staff will return to Council once these costs are identified, as both the Chamber and staff agree that the design and displays are essential to the success of a more information-oriented Visitor Center. Attachments: Resolution 1.' Chamber letter to Council 2. ·City Council minutes Nov. 22,1994 1If)1" SOIJ"'!;;b 3. . Chamber letter to Economic Development Commission 4. CA8111bç IcU!.f eJ8t~d E}c\,;. 6 ~'I~ ~CItN-.£ (!()N~6~'" I>I9,oG~ 5. Proposed contract 6. Letter from Kobey's - termination. 7. Letter from Don Russell 8. Letter from Trolley Services, Inc. 9. Draft Economic Development Commission minutes 12/7/94 ¡Vð r St!A<!JN ¡;-./> 0:/ -1/ .. -. - - .-....-.-..--....---------- ---'--'--'-'--'----"- '...---.---.-- --'---~._"-_...._._-,.__.._----- RESOLUTION NO.Jt1:LJ~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-AND-A-HALF YEAR AGREEMENT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE OFFICE WHEREAS, the City of Chula vista desires to have visitor and transit information available upon request, without cost, to persons entering the City and desiring same, from the Visitor Information Center located on the southeast corner of E Street and Interstate 5, at an address commonly known as 750 E Street; and WHEREAS, since opening in 1986, the Chula Vista Visitor Information Center has been run by commercial operators which has minimized the costs to the City; and WHEREAS, the Chula vista Chamber of Commerce desires to provide for the visitor and transit informational needs of residents and visitors to the City; and WHEREAS, the Chamber occupies a unique public service position in the City and has provided general informational services to the public at large for many years; and WHEREAS, the Chamber represents that it is experienced and staffed in a manner such that it can provide the visitor and transit information services required. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve an Agreement to Provide Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office for a period of two-and-a-half years, a copy of which is on file in the office of the city Clerk as Document No.____ (to be completed by the Clerk in the final document). 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 George Krempl, Deputy City Bru~ B~~~ Manager Attorney c: \ rs\Visitor. cae ~\ - /I-A .-.--.-...... '._'-'--'-"'~--'-'-- ----.-.--- --'---'--'''- .r~ ~, (R.,tt/:nJ ""50} RESOLUTION NO. 177 7' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A TWO-AND-A-HALF YEAR AGREEMENT WITH THE CHULA VISTA CHAMBER OF COMMERCE TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER AND CHAMBER OF COMMERCE OFFICE WHEREAS, the City of Chula Vista desires to have visitor and transit information available upon request, without cost, to persons entering the City and desiring same, from the Visitor Information Center located on the southeast corner of E Street and Interstate 5, at an address commonly known as 750 E Street; and WHEREAS, since opening in 1986, the Chula vista Visitor Information Center has been run by commercial operators which has minimized the costs to the City; and WHEREAS, the Chula vista Chamber of Commerce desires to provide for the visitor and transit informational needs of residents and visitors to the City; and WHEREAS, the Chamber occupies a unique public service position in the City and has provided general informational services to the public at large for many years; and WHEREAS, the Chamber represents that it is experienced and staffed in a manner such that it can provide the visitor and transit information services required. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve an Agreement to Provide Visitor and Transit Information Services at the Chula vista Visitor Information Center and Chamber of Commerce Main Office for a period of two-and-a-half years, a copy of which is on file in the office of the City Clerk as Document No.____ (to be completed by the Clerk in the final document). BE IT FURTHER RESOLVED that the Citv Council does herebv appropriate $25.000 from the Bavfront Trolley station fund (No. 237). subiect to the contract proyisions for initial subsidv for inventory and payment of base compensation. 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 with such minor modifications as are a royed b the C· Mana er and cit Attornev. Presented by t orm by George Krempl, Deputy City ') I ~ Manager 0<./'" J - Attorney ttP.I - II 8 .------ .-.- -...--. . .__._--_._-~- . "-.~~----~--'--""--'~-'---.-_..+--~-~-- Attachment 1. 11<.,1 I 'I :1 I, " L.· ~ /;! CD U LA VISTA CRA M B ER OF COM MERCE ,~iI J II : ' AttRtOIT£D ,~."t e' ....I...J ...""·¡O..'''' ........"..,... AN November 9, 1994 INVESTMENT IN THE FUTURE The Honorable Tim Nader . Mayor of Chula Vista and BOARD OF DIRECTORS Members of the City Council PrMld.1'II 276 Fourth AValue Diane Flim Chula Vista, CA 91910 Pr..,ø.1'II EI.eI Dear Mayor Nader and Members ofthe City Council: Jim w.......r ' The Chula Vista Information Centerlocated at the trol1ey station on "E" '/Ie. P,..ld.rrtl: Street does not advertise Chula Vista nor does it provide significant Greg CDX informational resources for the City of Chula Vista. Funhermore, the Chris L.wil current operator has indicated a desire not to continue, Mary Ann. SITO Dave Ward The Chula Vista Chamber of Commerce proposes to undertake management and operation of the Visitor Information Center, In a quick overview· lIIemb"sa: dCl.ails to be negotiated if the Council aCGepts the conœpt . the Chamber wi1l ~~Itltl' .rn.. operate the center and advertise the City. The Chamber will provide "':.s~:ylon insurance in aCGordance with common business practices. The Chamber wu1 ~1'V' Collinl empl.oy one full-time and one pan-time employee. StafflJ1g would be Robe~ Garcia provided by a cadre of volunteers, Susan H.rnly , Th C' ld' .n} h b iJd' C· b iJdi 1 Ca:hi Jamllon e Ity wou mamta! operate t e u mg as a Ity u ung. n Tim L.wil addition, the City would provide a one-time subsidy of S I 0,000 to procure ... Tom McAndrewI a Slock of Chula Vista related memorabilia. The r.ale of this memorabilia Scon MOlh.r would then be used to restock the Visitor Center. Robe~ P.nner, MD :ra:~~con In addition, the City is requested to share the liability with the Chamber for g~ad w~:': salaries, T~e Cit~ wiJI, ¡frequired, pay up to 59% of th~ salary liability in any month U\ whIch the center IS not self sufficIent. Tlùs c:oncept represents PilI P,..ldtl'll a maximum liability to the City on an annual basis of 515,000, T, Pat Cavanaugh The OTC, the Amphitheater and a myriad of other proJects ncccl to be well IIe.CUllv. Director advertised. The Chamber is the best resource in the Cîty to operate the RQø Davil Visitor Information Center. We look forward to hearing from staff. Sincere1~,. . Chula VIsta Chamber of Commerce ·a;~~~(~Vrdl·.~~'\1 COfJUW1U~~.C.~"~ ~:.::3 . f)'žd) ,.,. ~ I/~ý d..ø.-.· ðt~...,#..- . ..:/;/-- / f/ - /C' 1f1/- 2 a J , 0 U R T_" A_V ~_N U E '~~ U L_A V_I_S~ A~:¿)_'~;¡ 1/~ _~' ~~T E L (I")' 2 0,' 6 0 ~ Attachment 2 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISI' A Tueaday, November 22,1994 Council Chambers 6:14 p.m. Public Services Buildin¡ CALL TO ORDER 1. ROLL CALL: PRESENT: Counci1members Fox (arrived 6:25 p.m. &lid left at 10:30 p.m.), Horton, Moore, Rindone, &lid Mayor Nader ALSO PRESENT: John D. GOBS, City Manager; Bruce M. Boo¡aard, City Attomey; &lid Vicki C. Soderquist, Deputy City Clerk 2. PLEDGE OF ALLEGIANCE TO THE FLAG~ SILENT PRAYER 3. APPROVAL OF MINUTES: November IS, 1994. MSC (HortonIMoore) to approve the minutes of November 15, 1994 as presented, Approved ~I with Fox ableat. 4. SPECIAL ORDERS OF THE DAY: .. Oath of Oftiœ: Economic DeveloDmenl Commission - Marcia Boruta (ex-officio)õ Housinl Advisory Commission - Robert C. Flaugher, Margaret J. Helton, Rosa L. Lopez.oonzalez, Vicki . Madrid, Thomas Alonso-Maasey, Evelyn L. Michela, Jerry D. Mayfield (ex-officio), &lid Kathryn Lembo (ex- officio). The Oath of Office was administered by Deputy City Cleric Sode~uist to: Marcia Boruta, (ex-officio), Robert C. Flaugher, Mar¡,aret J. Helton, Rosa L. Lopez.oonzalez, Vicki . Madrid, Thomas Alonso-Maasey, Evelyn L. .. Mic:be1a, and atbryn Lembo (ex-officio). b. Retiring Commission Member Resolution: Safety CoÍDItIÍssion - Bill Koester. · · · Councilmember Fox arrived at 6:25 p.m. · · · c. Mayor's Farewell Speech (a copy on file in the City Cleric's Office). Salutatory COllllllel1ts were made by Cauøcilmembers Horton, Fox, &lid Rindone. CONSENT CALENDAR (Items pulled: Sd, 9, &lid 11) BALANCE OF THE CONSENT CALENDAR OFFERED BY COUNCILMEMBER RINDONE, reading of the tat was waived, passed and approved unanimously with Councilmember Rindone abstaining on Item 12, 5. WRITTEN COMMUNICATIONS: .. . Letter from the City Attorney stating that there were DO obsened ~rtable actions taken from the Closed Session or 11/15/94. It is J'eCOlIIIIIeI1ded that the letter be received &lid ed. b. Letter of nsignation from the Safety Conunission - Steve Padilla. It is J'eCOlIIIIIeI1ded that the resignation be accepted with re~ret &lid the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office &lid e Public Library, c. Letter requesting funding· of $5,000 to support the Federal Base Realignment and Closure Commission (BRAC) '95 Committee in its efforts in deciding the fate of militAry installations in San Diego County and in the nst or the nation - Gilbert A. Partida, President, and Joseph W. Craver, Chairman, BRAC ,ß,/-/ j ,......-.-----.------------ .._--~--,-----_.._..~_._... -_._".,_._._----~~--_...- Minutes Attachment 2 November 22, 1994 Page 2 '95 Committee, Greater Sa Diego C"h.ml,P.r of Commerce, Emerald Sbapery Center, 402 West BroadWa¡, Ste. 1000, San Diego, CA 92101-3585. It is staff's recommendation that Council authorize a contribution of 3,000 from the Community Promolions Aœount to support the efforts of the BRAC '95 Committee. Continued from the meeting of 11/15/94. d. Letters received r..... the ChuJa Vista Chamber of Commen:e and The Kobey Corporation "IIarding the Visitor Information Ceater - Roderick F. Davis, Executive Director, Chula Vista Chamber of Commerce, 233 Fourth Ave., Chula Vista, CA 91910, and Charles Pretto, General Counsel, The Kobey Corporation, P.O. Box 81492, San Diego, CA 92138. Continued from the meeting of 11/15/94. It is recommended that Council refer the Chamber's request to IIIIff and authorize transferring the operation of the Visitor Center to Trolley Services, Inc. under Kobey until the City decides wbat long-wm approach it wants to pursue. Pulled from the Consent Calendar. . Rod Davis, 233 FOIIIIh Avenue, Chula Vista, CA, representing the Chamber of Commerce, stated it was his undentanding that the oompony proposing to take over the information center was a cbeck cashing business. He felt there was a timeliness issue and that there should be negotiations with the Chamber without an RFP process. Councilmember Fox q"es\ÕollNl whether the Chamber wanted to run the information center. Mr. Davis stated that was c:an'eCt. George Krempl, Deputy City Manager, stated Kobey was operating the center on a month to month basis without a contract and they wanted to terminate operation. They were willing to convey it to Trolley Services Inc. to operate it on an interim basis until such time the City made its decision as to long term operations. Trolley Services Inc. might also be interested in operating it long term as well as the Chamber. Staff had also been contacted by Travelers Aide but did not J.ve a proposal from them. There was no commitment from Kobey on how long they would continue to operate doe center on a month to month basis. CounciJmember Moore felt doe Council should not be concerned in making a few dollars but in selling the City and maybe even subsidize the~. The City had a long history with the Chamber and he felt it was time to '10 'sole i source' and negotiate with doe Chamber. He also felt that would result in more money for the City. Counci1member Horton agrd with Counci1member Moore's comments. No one had more of a vested interest in the promotion and marketing of the City than the Chamber of Commerce. She felt the service offered to tourists and others coming into the City would be superior. She was prepared to direct staff to proceed with negotiations with the Chamber and not &0 out with an RFP. Councilmember Rindone -..I. he was pleased that the Chamber was interested in running the Center. He felt it would be mutually heDeficia1 for the City and Chamber. Councilmember Fox req~ that staff's temporary teC(\m""",<Jations be incorporated into the motion. He questioned whether the c- would be closed in the mean time. MS (MooreIFox) leave the øption or ten!::" contract up to the City ~er and direct him to negotiate with the Chamber of Co..-œ on the . of their letter; return to Council in a maximum of four weeks with . contract ror review. Mayor Nader stated he woaJd support the motion if it ",... understood that staff had a free hand in negotiating whatever conditions they ~ .""(} appropriate as far as protecting the purpose of the center and bringing that back for Council consideration. VOTE ON MOTION: approved unanimously. 6. RESOLUTION 1'7724 WAIVING TIlE BID REQUIREMENTS AND APPROVING AGREEMENTS WITH TIlE URBAN CORPS OF SAN DIEGO (NOT TO EXCEED $175,000) AND THE CHULA VISl'A NATURE CENTER (NOT TO EXCEED $50,000) FOR USED OIL RECYCLING EDUCATION SERVICES, AND AUTHORIZING MA VOR TO EXECUTE SAID AGREEMENTS - 00 4/12/94, Council authorized the City Manager to submit an IIfIPlication for $270,300 to the California Integrated Waste Management Board for a Used Oil Opportunity granL The grant application specifically identified partnerships between the City, the Urban Corps of San Diego and the Nature Center to implement the grant services. The agencies were specifically selected } cJ ¡- pi -'--.,----..---- - -., .. -----..-.- ----,--.---------------,-- ,--- ." ..-- ',-..-.----- Attachment 2 , MINUTES OF A REGULAR MEETING OF THE CITY COUNCn. OF THE CITY OF CHULA VlSl'A Tuesday, November 22,1994 Council Chambers 6:14 p.m. Public Services Building CALL TO ORDER I. ROLL CAJ.I.: PRESENT: Councilmembers Fox (arrived 6:25 p.m. IDd left at 10:30 p.m.), Horton, Moore, Rindone, IDd Mayor Nllder ALSO PRESENT: John D. Goss, City Manager; Bruce M. Boogaard, City Attorney; IDd Vicki C. Soderquist, Deputy City Cleric 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: MSC (IIortonIMoore) to approve the minutes of No Approved 4-0-1 with Fox abseDt. 4. SPECIAL ORDERS OF THE DAY: , Oath of Office: \ 'ssion - Marcia Boruta (ex-<!fficio); Housin2 Advisorv a. c evelo Commission - Robert C. laugher, argaret J. Helton, Rosa L. Lopez-Gonzalez, Vicki E. Mildrid, Thomas Alonso-Massey, elyn L Michela, Jerry D. Mayfield (ex-<!fficio), IDd Kathryn Lembo (ex- officio). \ \ The Oath of Office was IIdministered by poty City Cleric Soderquist to: Martia Boruta, (ex-<!fficio), Robert C. Flaugher, Margaret J. Helton, Rosa L. z-Gonzalez, Vicki E. Mildrid, Thomas Alonso-Massey, Evelyn L. Michela, IDd Kathryn Lembo (ex-<!ffici ). b. Retiring Commission Mem c. Mayor's Farewell Speec (a copy on file in the ity Cleric's Office). Salutatory comments were made by Councilmembers Horton, Fox, d Rindone. BALANCE OF THE CON NT CALENDAR OFFERED BY~OUNCn.MEMBER RINDONE, reading of the text was waived, and approved unanimously with CoulJ!:ilmember Rindone abstaining on Item 12. S. : a. Letter from City Attorney stating that there were DO obsened ~rtable actions taken from the Closed Session of 11/1 fg4. It is recommended that the letter be received and ed. b. Letter of resi nation from the Saf'ety Commission - Steve Plldilla. It is recommended that the resignation be accepted with reg and the City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office IDd th Public Library. c. Letter req 'ng funding of $5,000 to support the Federal Base Realignment and Closure Commission (BRA ) '!IS Committee in its efforts in deciding the fate of military installations in San Diego , County and in rest or the nation - Gilbert A. Partida, President, IDd Joseph W. Craver, Chairman, BRAC MLLdC/lllletl L .) .. CIULA VISTA ClAM BEl or COIUtllCI ACCR.a1T&D f~.;m.i.!;~~ì!. AN ..... ¡;I,1IIEN1' It 1HI1'U1VM November Zit 1994 ~OPDII1E 'I_fill . ~ 11 DIInI.... £lõGnomlc Deuelo.",...t COmmllllon City of Chul. UI,ta :.: ~ - Z70 Fourth luen.e .._ .Chull Ulstl, CR 11111 ..:....0... . .. . . '.. .. -...;..¡..... ,* .- "..,...._.. . .'. ;. .,,_._,.:.,¡. ',. ""''''lIld.& . ._p.. =f:.. .ear c...mlniøn....: UllyNNSIIO . : o-w.. -, 1118 ChVla Dicta Chamb'r Df Comllertenqulltl Ylur IUIJII'11 .'" "'-iO on two Inu...1II. ftrst I. ,.pportfar the Clt.mber t.klng ou.r 'PCIcIIII-.r. '. .1no- .p.raDoR of the Dllltor 10.,o""ltton Center at "i" and :....1kØ 1-'15. 11Ie tlty haa "ad four dlffe...nt contractors In the C.nt.r. ,=~ .. .. .'. Ind.oech bad the flKped.Olln oUnekl"g I proftt for tile City. To "*" Gtt* dlte the City "II recelued '1.81. 1b. ChlmÞer" I'klng to run __"""" tho con"r n I" sell the City' center 11'I' to do II with I IU"lldy ÇeJhI.IIJIIIIon 111II...... fram the tlty. 111m ~_4_., Thllloblldy la tile .econd I.,u. far ..hleh ..t Ilk IDUr ~ ~ MP . lappart. Bur propoSIl1I to lIIe...e tho Tran.llnt Iccuplney TIH Frri8QgC' _ nun 'rom I~ to 11~. The Chamur Ind the Motel RIIDclltlIn In -- ..~ plrtnersln thl, ,rapDlaL Wo lak that S8,. of tlloInC...II. "0 e.lWIIon 1..lgllO' to UI to ",n t", ."Itor ,nformeD.. e.nler Ind to "$ell .... ',IL j . the Clt." III na., lid IHCltllg WIIYs. . 1. PIt CMtIauØI . Pleal! 18BI frill to centlCt ",elf thllre are any qulltllna. . ~. ... ._'.~ . ADd DII/II Ilnc....ly, J ~ .;.. tllUla IJIItI C.....r .f tGIn...rce I:' . o.:-t'. c...~ ,.-- ~~..~~~/ ,," _P... ..' -I' - c.. ...... ~ Iad.rlck~""I'. ,.......;.;. : . .--...- ".0- OOq .... ( . - I .".. .. .............-:' :;:.::,.......~:::.;- ~ " ........ ~-' ...._'..._ ...ca...u 6-" \ .H ~ 00 U liT" AY' NUl ...iI U LA vi IT.A. . ÂL IFOIII lAc'.'. i . tEL.·II' U) ...... u .',. '" ..- ., " .. ....". .¡...... .... .. M ..... '... '. . " of/..j~ _ .. .. -- ' . ~ ---- -------------.- Attachment 4 , - '" n' ... . . .._- . . ....._.....,.' ",,_..' .'.' _.,0.,.1.,... .._....,. , .. .,. ; ;.:-~: C'....;.- \.~":-:: :-\o¡~-"'pr "f ~::':"":~'!!'':':s !=J.....~~r~: "':"',,'; ~,~~, ":,:-<.!,~~""::~' ., Mission and Operation of the ... ChuIa Vista Visitor Information Center Concept Paper . . .. ,. .. ..;.. 00 'ç{!-/~ .' . . . .' .-. --. -, ,,~. -- .. --- ._.__. __ _' _ ___._______.__.._..._.__....__ m__.__".' ,__'".____.__,.,.__.__._.___..____________~._.._._.____.. ~__~_"__ Attachment 4 , Prepared 8Dec1994 - '-, .. -- . ... ........ . -' .'. . __. -.~... ......_' ~ ;..... ...' ,'. ..."; . _I.. -. _. : ;' ~¡r- .. <. ?C"~~ ~'"''''''''''C'7~'-''''':r-'~''' r·-""r.;:"'9rr:~ o..!"'....~·":'...· "r'_.. ~~..., 'I('\~I"'-:-'-'7:;'¡\" ,.~ '~'~"""""'~"'" .....~.,....:...'''...'öI..... .. In a meeting With Deputy City Manager George Krempl we were tasked to produce a conceptual proposal for the ulslon administration and operation of the Ulsltors Information Center (UIC) . . This Is Indeed a daunting undertaking as the concept of operating the UIC In a "Sell the City" mode Is a radical departure from existing and past practice. The following Information Is therefore deuolued from a best guess methodology and should be ulewed In that light. JI.I.i1JU:V - Those cities recognizing that a good.publlc relations effort that brings people to eat, sleep and shop In the city has a mUltiPlier effect Which brings money to city coffers. There has not been a commercially oriented out reach to bring ulsltors to eat, shop, play and stay In Chula Ulsta. The city Is changing dramatically, the opening of the RRCOfl) Training Center In Chula Ulsta, the MCR Rmphltheater, deuelopment and recognition of the 55,000 cars (If each car had only two occupants that WOUld equal 110,000 people a day) which drlue through Chula Ulsta on 1-5 and I-BØ5 on their way to Méxlco and then come back through thè City combine to present us with the opportunity to capitalize on the cleanest Industry auallable, Tourism. , ,In order to reaèh the tourlsts~ we need good slgnage, a "Sell the City" Ulsltor I nformatlon Center, and a moue to a new approach to aduertlslng the city. '. , , ' ,. The concept òf how this will be accomplished and the goals and obJectlues of the Ulsltor Coalition are presented herein. .. ..... ;)'1 '/~/, .. -- -_._---,.~~- ---------~~-_.------~._-",-,'-,,-_._-_. ---.-----..-.,,-,.-..---..-....-.- --..,,-.--....... Page: 5 From: Chula Vista Chamber of Commerce Prepared: Thu, Dee 8,19943:27 PM t Attachment 4 , , ~ A position for the DIC would be designated as the site manager of the DIC. This position (conceptualjob description attached) would be paid $7.50 an hour. Annual wage Is $15,680 with 18% ouertlme total $$17,168 and with a 26% fringe package equals $21,621.68. The assistant managet'conceptual Job description attached) would recelue a wage of $6.50 per hour for a 24 hour work week $8112 with a 18% fringe package which equals $8932.20. - The Mission of the Dlsltor Center Is: .~-'.~ -. '.' ,-." ."- .-.-;..'..... I... '_.'1·,~_"". , .-. - ~-('-; To·.pre·sèhtiniDsHíifiïìñáge fßr~[lÏúla D'išta"'ând tò';iiiràët 'ulsltor to . ulslt, shop, stay, play, sleep, and eat In the City. In addition the Ulsltor Information center also has the mission to proulde serulces to Trolley and transit riders. ." .. , .. ...... -- . The DIC would operate from 9 A.M., to 6 P.M. Mondaythrogh Friday and 9 A.M. to 6 P.M. on Saturday and Sunday. The DIC would be closed on Thanksglulng, Christmas and New Years only. The cur,ren1 operators of the DIC perform a snack bar function and while food serulce Is a conulence Its dlfßcultles and the time required òn the part of tlÌe staff Is unacceptable. Therefore our food serulce would be uendlng machlnè only. The DIC would sell Chula Dlsta Post Cards, T-Shirts and Memorabilia. It would distribute regional tourlst/Dlsltor Information. A space designer would be retained by the city to Improue the layout. Our Intention Is to haue a display for the motel segment, a separate display for restaurants, and a segment for rotation among entertainment and' retail. Sell of MeRlcan InSurance would continue as key serulce. ß..eJ:LoJlatiml After a slgnlßcant time spent studying the DIC It Is clear we need to do some . Improuements. Flags at all four corners, Symbols of all of our serulce clubs lit and on the roof line. Installation of antlplgeon deulces. Installation of out side speakers for music and announcements, These tasks would be cK/~/¡- ".._.______..____.__._,_~._.._ ._m_.._._____.___.__~___.._.,_ _.....____.__. ._.____.___" _____~_____ _..._"._ _ ~'"'~. " "'.. -,,_.~ .,.-.~-"~,.~",, "" ~-,,,,,'~'~'~ . -¡-''-'' '-~. , "...., ~.- ~ ....., ,--....- . ...... ,-, Attachment 4 accOmplished In phases as funding permits. We need repainting and relandscaping as well. Gerald Young asked for a cost analysis for the DIC and an attempt at that Is Included. We know from CRLTRRNS that 265,888 cars a day pass through Chula Dlsta on 1-5 and 1-885.55,888 of those cars contain tourists on their way to Mexico for a three hour stay and then back to their hotels. Our challenge Is to get them to stop In Chula Dlsta; stay In Chula Dlsta; eat In Chula Dlsta; Play In Chula Dlsta; and Shop In Chula Dlsta MONTHLY ESTIMATED INCOME STATEMENT FOR VISITOR INFORMATION CENTER .. -' .. ~ . ,., .. """ .,.1,.,., _._" .' ._....,: ',1 .'''' ..__........, ,-" ~ r·~~· '::'-':'~' ~~"~ r...::"'t"......... ,." :::-;:"'-:,'9-O::~ D;-:,",-';",-,::I: T~'). ~:'-:. :~ 1"'~"", ,:;..,-;- r." INCOME PHONE , $100.00 MEX INS .... . . $500.00 TROLLE'r' PASS . $450.00 GAME MACHINES $100.00 SNACKS $200,00 PROJECTED INCOME MERCHANTS .. $2,000,00 T-SHIRTSlPOST CARDS ' $1,250.00 $4,600.00 EXPENSES , . ... Salaries Full time monthly . $1,800.00 part time $700.00 . Volunteer Recognition $150.00 INS, WORKMANS COMP/GEN $300.00 BONDING $70.00 PHONE $100.00 RESALE ITEMS $430,00 TRASH . $80.36 AlARM :$33,00 PAPER SUPPLIES $80.00 LICENSE $52,33 REPAIRS AND MAINTENANCE $200.00 JANITOR $250,00 BOOKKEEPING ,.... $50.00 AUDIT· $100.00 SUPPORT FUNCTIONS $200,00 TOTAL PROJECTEO COST MONTHLY $4,595.69 cf/-/1 ..- --'---.--- .. H...··. ...-.......-...-.-.- ,.----.-. .".-.-..---...---..,,------. Attachment ~ Contract to Provide Visitor and Transit Information Services at the Chula Vista Visitor Information Center and Chamber of Commerce Main Office This Contract, entered into this December 20, 1994 for the purposes of reference only and effective as of the date last executed by the parties, is between the CITY OF CHULA VISTA, a chartered municipal corporation of the State of California (hereinafter "Ci ty") and the CHULA VISTA CHAMBER OF COMMERCE (hereinafter "Chamber"), and is made with reference to the following facts and definitions: 1. Recitals Whereas, the City of Chula Vista desires to have visitor and transit information available upon request, without cost, to persons entering the City and desiring same, from the Visitor Information Center located on the southeast corner of E street and the Interstate 5 (hereinafter "Premises"), at an address commonly known as 750 E Street, and shown on the map a copy of which is attached as Exhibit A, and from the Chamber of Commerce office, 233 Fourth Avenue, Chula Vista (hereinafter "Main Office"); and, Whereas, the Chamber desires to provide for the visitor and transit informational needs of residents and'visitors to the City; and Whereas, the Chamber occupies a unique public service position in the City and has provided general informational services to the public at large for many years; and Whereas, the Chamber hereby warrants and represents that it is ... experienced and staffed in a manner such that it can provide the visitor and transit information services as herein required in accordance with the terms and conditions of. this Agreement; and, Whereas, the City and Chamber 'are currently party to a separate agreement for general information services at the Main Office through FY 1995-96, as amended July 29, 1994, a copy of which is on file with the City Clerk as Document No. CO 94-121, hereinafter "Previous Contract"); and said .. services Whereas, agreement covers many of the same herein contracted but is not site-specific to both the Center and the Main Office, and the city and the Chamber do mutually agree to terminate said agreement simultaneously with the effectiveness of this agreement; and Whereas, this is a site-specific servic~s agreement wherein the Chamber is obligated to provide services from both that portion of the Premises described in Exhibit A as "Center" (hereinafter "Center") and the Main Office, NOW, THEREFORE, the City and the Chamber agree as follows: c:</-Þò ,_ m', " --,._._._-~+.., _""'W"___ _,'._,", .._..._,__.______._.._., ___,____.___~___._._.__~ Attachment 5 Page 2 2. Definitions 2.1 "Gross Sales" Defined. The term "Gross Sales" as used in this agreement shall include the entire Gross Sales of every kind and nature from all sales and services made in the Premises whether for credit or cash, whether by the Chamber or by others, with the exception of those products or services on which standard commissions are earned. Such commission-based products and services include Mexican insurance, lottery tickets, trolley and transit passes and pay telephones. Other products and services may be included in the commission category with the approval of the City's contract administrator. For commission-based products and services, only the amount of the commission will be included in "Gross Sales." "Gross Sales" shall not include any rebates or refunds to customers or sales taxes accounted for and paid to a governmental agency. 2.2 "Acclicable Oceratina Excenses" Defined. The term "Applicable Operating Expenses" as used in this agreement shall include salary and benefit costs, inventory purchase costs, custodial costs, and other reasonable Center expenses, except as herein excluded. 2.3. Contract Administrator The City Manager or his or her designee shall be the Contract Administrator for purposes of this contract. For those conditions requiring the written approval of the City, the Contract Administrator shall have the authority to provide said written approval. 3. purcoses of Aareement. 3.1. visitor and Transit Information Services at the Center The parties intend that the Chamber shall provide visitor and transit information services, as more particularly described in this contract, at the Center for the benefit of the city of Chula Vista, the South Bay Region and visitors to the County. The Chamber has a duty to operate the Center and provide public services as specified in this agreement. Although this agreement has certain aspects of a lease, the parties agree that this is primarily a services agreement engaged in at a required location, and it is not a lease. 3.2. Termination of Previous Contract Simultaneous with the effectiveness of this agreement, the Chamber and city do hereby agree to terminate the Previous ~/-~/ .-.--....---- -_...._- "--.-----.---...--....-.- " -.--.-------- Attachment 5 Page 3 Contract, with any and all further Main Office services or compensation to be governed solely by this agreement. 4. Duties of the Chamber. 4.1 Scoce of Services The Chamber of Commerce agrees to provide the following services: 4.1.1 General The Chamber shall respond to all walk-in, phone and mail inquires received making reasonable and appropriate requests for information by the Chamber from individuals, groups, businesses, news media, etc., and persons referred by the City. Responses shall be accurate, complete, cooperative and promote goodwill on behalf of the City. Responses shall be made in a timely manner. Walk-in and phone inquiries shall be responded to as they are received unless additional research is required. Mail inquiries shall be responded to within three (3) working days after the receipt of such inquiries, unless extensive research is required. 4. 1. 2 Staffina. The Chamber shall provide qualified competent staff who are neatly dressed and courteous at all times. An adequate number of personnel will be scheduled so that ~ Permitted Commercial Activities do not significantly interfere with the primary responsibility of providing visitor and transit information. Between the hours of 10:00 a.m. and 4:00 p.m. on weekdays, weekends and working holidays, Chamber shall be encouraged, but not required, to provide a minimum of two personnel providing service in the Center. 4.1.3 Trainina. The Chamber shall provide adequate training to ensure that personnel are able to respond to inquiries about transit and areas of interest from members of the public and to promote visitor-serving attractions and facilities in Chula Vista. 4.1. 3.1 Extensive Knowledge. Center staff must have extensive knowledge of and be capable of dispensing complete and accurate information about the following: A. 1. 3 .1. 1 Chula Vista (including but not limited to street locations, major ~/-c1cZ -'~'._....""-_._.__...'--_._._..'- - ,-.-.-.----------- Attachment 5 Page 4 hotels/motels, restaurants, visitor attractions, government offices, Chula Vista Nature Center, and major shopping areas.} 4.1.3.1.2 Transit information (including but not limited to Trolley schedules, prices, and stops, and Chula Vista Transit bus schedules and routes.) 4.1.3.1.3 San Diego County visi tor. attractions (including but not limited to Sea World, Horton Plaza, airport, Gaslamp Quarter, Mission Bay, beaches and other attractions, along with applicable admission prices, hours of operation and directions.) 4.1.3.2 Adequate Knowledge. Center staff must have an adequate general knowledge of and be capable of dispensing general information about the following: 4.1.3.2.1 Northern Baja, Mexico (including but not limited to major highways, cities, insurance requirements, major hotels/motels, restaurants, shopping areas, major visitor attractions, and written information from governmental agencies regarding duty and visa regulations. ) 4.1.3.2.2 Southern California (including but .... not limited to major highways, cities, and visitor attractions.) 4.1.4 Visitor Services. Chamber shall provide information (e.g. locations, schedules, directions, applicable fees), on topics including, but not limited to the following: 1. Community clubs and organizations 2. Local events - parades, displays, seasonal promotions 3. Chula Vista Nature ~enter 4. U.S. Olympic Training Center 5. Street information - directions, locations, closures, detours, etc. 6. Lodging facilities 7. Transit and HandY trans 8. Airports and Trains 9. Medical, Professional, and real estate offices 10. Business referrals 11. Meeting rooms c2 /-,;:(3 '-._..,--- - -----------,.,-,--,,- m_______._.___.-- , _ ~_.._~______...__ Attachment 5 Page 5 12. Government services/officials & referrals to appropriate departments 13. Churches 14. Schools 15. Museums, historical and cultural sites 16. Mexico - information on tourist cards, parking, etc. 17. Tourist attractions 18. Recreation sites, parks, picnic areas and local beach information 19. Newspapers and local publications 20. RV parking/mobilehome parks 21. Chula Vista demographics (e.g. population, housing) 4.1.4.1 Chula Vista Promotion. Unless specifically requested otherwise by the visitor, information will always be given on the community of Chula Vista. 4.1.5 city Imaae Enhanceme~t. The City, as a public entity, is concerned about the image portrayed and service provided by the Chamber and its personnel. The City shall have the right to inform, 'in writing, the. Chamber of actions by the Chamber or the Chamber's personnel, which do not conform with the image which the City desires to have enhanced which includes providing complete and accurate visitor and transit information and presenting a neat, clean, responsive, and ... friendly image of the city. The Chamber shall take all necessary steps to ensure that its actions project the image desired by the City as directed from time to time. 4.1.6 Standard Information , The Chamber sha 11 develop and utilize standardized packages of information for responding to general inquiries about Chula Vista as a visitor destination and for new or potential residents of the city. Such packages shall be maintained with current information and shall meet with the approval of the City. The packages may be used, but shall not be deemed solely adequate, for inquiries making reasonable, specific requests for information not routinely included in the packages. 4.1. 7 Referrals - Other Aaencies For inquiries beyond the. expertise of the Chamber, referrals may be made to more appropriate entities. A tally of the number of inquiries referred to other entities, including date of inquiry, type of inquiry (walk-in, phone or mail), entity referred to, and subject d/-~I .·o·w..-....·....·._.____ .___._.,_..__~,~.~___._ ..._"_._______. I;;, L La c hllle) I L :.> Page 6 of inquiry shall be recorded and reported in the quarterly summary to the city. The Chamber will provide the name and address of the person or business making the inquiry, if appropriate. 4.1.8 Referrals - Businesses Responses to inquires shall show no preferential treatment to ChamJ:>er members or any other group or individual persons or ,businesses. Wherever possible, however, referrals to businesses shall be made to businesses in the City of Chula vista. Referrals shall be rotated among businesses qualified to provide the service or services requested. The Chamber shall coordinate responses to significant business relocation inquiries with the city's Community Development Department. 4.1.9 Customer Feedback During a specified period each year of this contract determined by the City and Chamber, the Chamber shall develop and make available to the public unstamped response cards addressed to the City to obtain feedback on the quality of information provided. Each response to mail inquiries sha 11 include such a card. All cards returned to the Chamber shalr be forwarded to the city. 4.1.10 Mailina lists .... The Chamber shall provide updated information upon request to the Center and to the visitor information center at Bonita Road and I-805 (hereinafter "Bonita Center") . The Chamber shall include the both the Center and the Bonita Center on the Chamber's mailing list. The Chamber shall exercise care in ensuring both the Center and Bonita Center are provided with new, pertinent information as it arises, such as special events, lists of visitor-oriented businesses and attractions. 4.1.11 Free Services The Chamber shall not charge the public a fee for providing services unless specifically approved in writing by the City. Chamber may request approval for fees at any time and will provide a complete list of any booklets of information being sold by July 1 of each year of this agreement. Generally, , extensive booklets of information that relate to th,e topics in Section 4.1.4 consisting of more than 15 pages will be considered for fee approval by the City. City maps will be sold to the City and the Center at cost, to the Bonita Center at C:(/-~6 , - -~-,_._~ ~- .-.--.- .. -- .~.._". ......--.....".....-..+'"".. ....-"". ----_._-,~.._-----~.- Attachment " Page 7 member cost and for no more than $3 to the general public. 4.2 Covenant to Onerate: Services to be Offered from Site. The Chamber shall operate a first class Visitor Information Center according to the following standards for the term of this agreement as same may be from time to time extended. 4.2.1 Hours of ODeration. The Chamber shall operate the Center at least nine (9) hours per day on weekdays and eight (8) hours per day on weekends and holidays. Initial operating hours shall be 9 a.m. to 6 p.m. on weekdays and 9 a.m. to 5 p.m. on weekends, subject to amendment. by separate written agreement of the Chamber and Contract Administrator. The Center may be closed on Thanksgiving, Christmas and New Years Day. 4.2.2 Transit Passes. The Chamber will make available for sale to the public transit passes issued by the Metropolitan Transit Development Board (MTDB) and Chula Vista Transit. The Chamber will also make change for transit fares as requested by the public to the extent feasible. 4.2.3 Precedence of Services. .... Commercial activities, promotion and/or referrals shall not interfere with the Chamber's ability to provide free, reliable, complete and true inforwation in response to requests from public users of the facility. 4.2.4 sianaae. .The Chamber may be required to post a "Free Visitor Information" sign at each of the three entrances to the Center or at the counter. Size and design of the sign will meet with the approval of the city. The Chamber is prohibited from erecting or creating any signs on the premises which are visible from the outside or in any area within the jurisdiction of the City without prior written approval of the city. Interior signage or advertising is subject to the City's approval. 4.2.5. DisDlav Advertisina. The Chamber shall be permitted to sell display advertising space, which shall be limited to both sides of the northwest window facing north, or alternate window cfl-/-c1- ~ 'I') I I _ ,···_......_.__.____m._ _ ____,_._.__ _ _____,____.._ n~ ...___.____..___..__.._._._...__......._. .._.____._~__..__._._..,_.___._. ~--_.,.~- Attachment S Page 8 space if requested by the Chamber and approved by the city. Display advertising on surfaces other than windows is limited to those areas indicated on the Design Layout as herein defined and as it may be modified with the City's approval. 4.2.6. Wall SDace. Except as provided herein or otherwise approved by the City, interior and exterior wall space will be posted only with public service information consistent with material identified in this agreement, and display material supplied or approved by the City designed to promote visitor attractions in Chula Vista. 4.2.7. Information Counter. Display of retail merchandise on the information counter top shall not significantly interfere with its ability to be seen and used for providing visitor and transit information. Display of additional retail merchandise behind the counter sha 11 present a neat, uncluttered appearance. 4.2.8. pav Phone. The Chamber shall be required to maintain at least one public pay phone on the Premises. .4.2.9. Restroom Access. ... During the Center's hours of operation, the restrooms shall be unlocked and available for public use. The City reserves the right to allow bus drivers to have access to the restrooms during hours tha~ the Center is closed, with said access being through the exterior doors opening into the Center's restrooms. No access will be permitted in to the other interior areas when the Center is closed. The Chamber will lock the interior doors to the restrooms when the Center is closed to help prevent access. , 4.2.10. ComDliance with the Law. Operation of the Premises shall comport with all applicable ordinances, rules and regulations, including but not 11mi ted to, those provisions of the Municipal Code relating to the sale of adult materials suph as those regulated for adult book stores (City Code 19.04.007) and the County of San Diego Health Department's regulations relating to food sales and consumption. cJl/-~1 I ,j ,:,\ ~ , ~---_..". - ------~~--_."._..,,_._.._,--,.._----- ---~._-~------- --,--_..._-.__._,_._._-_._---~--~-+.~._--- Attachrnent " Page 9 4.3. Dutv to Provide Services Off-site 4.3.1. Previous Contract In recognition of the fact that not all services performed under the Previous Contract are transferrable to the Center, due primarily to the walk-in oriented business attracted to the Chamber's Main Office, the Chamber sha 11 continue to provide limited General Information Services for the City at its Main Office. The Chamber shall continue to represent the City at selected trade shows, work with the City's economic development staff to obtain materials and displays, as appropriate, and represent the City at selected special events to promote the City to visitors and enhance its regional image. The Chamber shall also provide necessary management time required to ensure that all of the above services are performed in a professional and timely manner. Compensation for the above services (hereinafter "Main Office Services") shall be as hereinbelow provided. 4.3.2. Main Office Services ,- Hours of QDeration Chamber staff shall be availabl~ to provide Main Office Services Monday through Friday frottl 9:00 a.m. to 5: 00 p.m., except for New Years Day, Martin Luther King Day, President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, the day after Thanksgiving Day, and Christmas Day. .. Holidays cited above falling on a Saturday will be observed on Friday. When a holiday occurs on Sunday, it will be observed on the following Monday. 4.3.3. Consolidation of services Where possible and practical, the Chamber shall endeavor to consolidate this mo-in office service with that provided at the Center. Efforts to consolidate shall include, but not be limited to, White Pages listing of the Center phone number and site as the Chamber's "General Information/Tourism" contact and review of phone and mail handling procedures. 4.4. Securitv: Bondina. The Chamber shall deposit $10,000 in cash as security to assure that the Premises is returned to its original condition upon termination of the contract ("Security"). City shall use best efforts to invest the Security in a manner typical of other City investments. City shall pay annually to the Chamber the interest earned on the Security at the average interest rate earned by the City on all of its liquid ~/-~P f - ---.._,---,- .' -. ._-_._..._--_...~----_._-_.. Attachment ~ Page 10 investments. The Chamber has the option to provide City with a security bond in a form acceptable to City as an alternative to secure the Chamber's performance as herein required. 4.5. Risk Mitiaation. 4.5.1. Dutv to conduct a safe ooeration. The Chamber shall operate the premises in a safe and reasonable manner. 4.5.2. Indemnitv. The Chamber shall defend, indemnify and hold harmless the ci ty, their elected and appointed off icers and employees, the Redevelopment Agency of the City of Chula vista (hereinafter "Redevelopment Agency"), the County of San Diego, and the Metropolitan Transit Development Board (hereinafter "MTDB") from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Chamber or any agency or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except ,only for those claims arising from the sole negligence or sole willful conduct of the city, its officers, or employees. The Chamber's indemnification shall include ~ny and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents,. or employees in defending against such claims, whether the same proceed to judgment .. or not. Further, the Chamber at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. The Chamber's indemnification of City shall not be limited by any prior or subsequent declaration by the Chamber. 4.5.3. Insurance. Chamber shall, throughout the duration of this Agreement, maintain insurance from responsible and solvent corporations authorized to issue such policies in California with a financial rating of at least a "A, Class V" status or better as rated in the most recent edition of "Best's Insurance Reports" unless a lower rating is approved by the City's Risk Manager. Said insurance coverage shall include: 1. Commercial General Liability, Insurance including Business Automobile Liability Insurance in the amount of $1 million combined single limit, whi~h names the City of Chula Vista as additional insured , ~/-~/ ----...""-- ....-... ~..~....__.._.. --_._-_.__.~.~_._--_.~-~..----.__.__.._--------- Attachment 5 Page 11 and is primary to any insurance policy carried by the City. 2. Statutory Worker's Compensation Insurance and Employer's Liability Insurance in the amount of $1 million. 3. All risk property insurance covering the value of property inside the building. Chamber will provide, prior to commencement of the services required under the agreement, certificates of insurance for the coverages required in this section, and, for Commercial General Liability Insurance, a policy endorsement for the city as additional insured, a policy endorsement stating the Chamber's insurance is primary and a policy endorsement stating that the limits of insurance apply separately to each project away from premises owned, rented or operated by the Chamber. Certificates of insurance must also state that each policy may not be canceled or materially changed without at least thirty (30) days written notice to the City. Each policy which the Chamber maintains shall name the City, Redevelopment Agency, the County of San Diego and MTDB as additional insureds. 4.6. Quarter Iv ~eDorts The Chamber sha 11 record and submit in writing quarterly .. reports to the City for the quarters ending September 30, December 31, March 31 and June 30. Said reports are due within 30 calendar days of the end of the quarter and shall include the following: 1) Number of inquiries processed, per location, at both the Center and the Main qffice, as received by mail, phone and walk-in visitors and the number of inquiries responded to by mail. Types of inquiries shall be categorized by, but not limited to, the following topics: a) Tourist/Visitor related b) Mass transit - trolley, bus c) Special Events d) New residents e) Government services f) Mexico g) Business/service referrals h) General civic information i) Recreation j) Other 0/,/-3 () ....,.~----_._- - - - -,_..__._-~---_ .-_._._._..__....._....._._..,.._,.__._.__ ____·__·__._n_____'_____,...~______~____~,_ Attachment 5 Page 12 2) Additional data shall be collected, in a form and frequency as further specified by the city, regarding visitors' cities of residence and hour and day of visits. 4.7 Financial ReDorts. Within thirty (30) days after the end of each quarter of the term hereof, commencing with the thirtieth day of the month immediately following the first quarter of this agreement, and ending with the thirtieth day of the month succeeding the last month of the term of this agreement or any extensions thereto, the Chamber shall furnish to the City a statement in writing, certified by the Chamber to be correct, showing for the previous quarter the Center's Gross Sales and Applicable Operating Expenses. The Chamber shall keep: (a) full and accurate books of account and records in accordance with Generally Accepted Accounting Principals consistently applied, including, without limitation, a sales journal, general ledger, payroll recordS, and all bank account statements showing deposits of Gross Sales, (b) all cash register receipts with regard to the Gross Sales, credits, refunds and other pertinent transactions , made from or upon the Premises and (c) detailed original records of any exclusions or deductions from Gross Sales. .... Such books, receipts and records shall be kept for a period of two (2) years after the close of each calendar year and shall be available for inspection and audit by the City and its representatives at the Premises or at the principal place of business of the Chamber during regular business hours. In addi tion, upon request of the City, the Chamber agrees to furnish to the City a copy of the Chamber's state and local sales and use tax returns. The City shall, within two (2) years after the receipt of any such statements, be entitled to an audit of such Gross Sales and expense record. Such audit shall be conducted by the City or by certified public accountant to be designated by the City during normal-business hours at the principal place of business of the Chamber. In addition, if any of the Chamber's statements shall be found to have understated Gross Sales or overstated expenses by more than two percent (2%), or if such audit shows that the Chamber has failed to maintain the books of account and records required by this section so that .the Ci~y is unable to verify the accuracy of the Chamber's statement, then the Chamber shall pay to the City all reasonable costs and expenses (including reasonable auditor and attorney fees) which may be incurred by the City in conducting such audit. a( /-3/ - -..---. -~_._----_.,_..._--,_.._._..- ._-,----~._--_.._--_._..~_._-~---- Attachment 5 Page 13 4.8 Use of PaYments and Revenues. The payments from the City to the Chamber and revenues realized from operation of the Center shall be used only for providing the information services outlined herein or for other purposes as may be approved by the City Council. These monies shall not be used in support of. any political activities for any candidate or issue, nor may they be used to supplant other Chamber funds in any manner that results in such Chamber funds being used to support any political activities for any candidate or issue. Any political expenditures made in relationship to the Chamber will be considered as Political Action Committee (PAC) funds specifically raised for political purposes. 4.9. Possessorv Interest Tax. .. -, Even though this is a site-specific services agreement, and not a lease, the Chamber shall be responsible for any possessory interest tax, if same may be successfully assessed. 5. ,. f 't Dut1es 0 C1 v. 5.1 Dutv to Make Premises Available for the Use and OccuDancv of the Chamber. city agrees to make the Premises and Center available to the Chamber in order to provide the visitor and transit information services herein required, and to conduct such other collateral uses herein permitted, which availability ~ shall be to the exclusion of all other commercial uses of the premises. The Chamber has no independent right to occupy the Premises and Center except to provide visitor and transit information services. 5.2 Dutv to Allow the Chamber to Conduct Certain commercial Activities. 5.2.1. Permitted Commercial Activities. On the terms and conditions herein specified, including accordance with the approved Design Layout, the Chamber shall have the right, and City shall permit the Chamber, to conduct the following commercial activities or sales at the Center: 5.2.1.1 Transit tickets and passes 5.2.1.2 "Chula Vista": 1) T-Shirts, Caps 2) Bumper Stickers, Key Chains, Buttons 3) Pens and Pencils 4) Postcards 5.2.1.3 Film, Flashbulbs, and Batteries ~ /-3:).., __ ___......._.__.__.._.__.~,___._ __._ ___M'_ ..c.___~__...___~___ _ _ _m'___'__'__"'_'__~ ._ __.__________.___...__ Attachment 5 Page 14 5.2.1.4 Maps/Guide Books 5.2.1.5 Mexican Auto Insurance 5.2.1.6 Newspapers and Magazines 5.2.1.7 Travelers Cheeks/American Express services 5.2.1.8 Soft Drinks/Coffee 5.2.1.9 Candy/Gum/Snack Foods 5.2.1.10 Sunglasses 5.2.1.11 Suntan Lotion/Chap stick 5.2.1. 12 Postage Stamps 5.2. 1. 13 Kleenex/Pocket Combs 5.2. 1. 14 Lottery Tickets 5.2 . 1. 15 Tour and Excursion Tickets 5.2.1.16 Video/vending machines 5.2.1.17 Display advertising space as permitted herein. The sale of products or services not listed above is subject to the City's approval. Such approval shall not be unreasonably withheld, but shall be consistent with the approved Design Layout. 5.2.2 COInDensation. 5.2.2.1 Base ComÐensation For any quarter in which the Applicable Operating Expenses exceed the Gross Sales, the City shall pay to the Chamber half of the difference, up to a maximum amount of $15,000 per fiscal year. ... 5.2.2.2 Main Office ServicesComDensation For continuing provision of Main Office Services, the City agrees to pay the Chamber the sum of $30,148 per fiscal year, prorated quarterly, for the term of this agreement. 5.2.2.3 CPI Adiustments At the option of the City, the annual sum listed in Section 4.2.2.1 and/or in Section 4.2.2.2 may be adjusted at the beginning of each fiscal year, starting with the FY 1995-96, in proportion to the percentage increase of the All Urban Consumer Price Index for the San Diego Region (CPI) for the most recent twelve (12) months, up to a maximum of 5% per year. 5.2.2.4 Time of Davment Quarterly payments shall be made within ten (10) work days after receipt of quarterly reports to be cl/-35 .. .__..._.._-_._"-"'_.._-._---~-_.- Attachment 5 Page 15 submitted by the Chamber as specified in Section 4.1.10. 5.2.2.5 Residual ComDensation - Previous Contract The City agrees to pay the Chamber the price agreed in the Previous Contract for the final quarter(s) or prorated fractions thereof for all services delivered through the termination date of the Previous Contract. 5.2.3 Initial subsidv for Inventory ,.prior to March 31, 1995, the city shall provide a one- time payment of $10,000 to the Chamber to procure an initial inventory of Chula Vista-related memorabilia for resale at the Center. Purchases made with said one-time payment shall not be considered Applicable Operating Expenses. 6. Desian Lavout. 6.0.1. The city and Chamber agree to complete a plan which demonstrates the color scheme, theme, lighting, and physical location of any furniture, fixtures or equipment as may be included, such as tables, chairs, racks, shelves, vending machines, display advertisements, etc. (hereinafter "Design Layout") to be incorporated into the interior and exterior areas of the Premises. The City will work with the Chamber and a space designer to be .. provided by the City to develop a design layout that is acceptable to both parties. City Approval will be subject to all city rules and regulations, including but .not limited to Design Review. The City and Chamber will use good faith and best efforts to produce a graphic Design Layout acceptable to the City no later than December 20, 1995. 6.0.2. Until said Design Layout is mutually agreed upon by the parties, or until the termination of this contract if agreement on the Design Layout is not reached, The . Chamber shall maintain. ~enter displays, including, but not limited to, the following: 1. One bulletin board of community activities of a size and design acceptable to the City. The Chamber shall insure that current information concerning upcoming special events within Chula Vista are displayed at all times. 2. Display map of the city of Chula Vista. 3. Display stand of scenes of Chula Vista; ~/-3f .-,' '--"~..--.--- -....__..,-" .. _____ m .. __,_,_,",.,_"",_ _ _ _ _n" ___._ .____.__________~___~_~_.__~__.._.,_.__..____ Attachment 5 Page 16 4. Display space on the information counter for brochures designated by the City about Chula vista attractions. The Chamber will further provide space for transit brochures designated by the City in a location mutually agreeable to the parties. 5. At least one fully stocked brochure rack in the lobby area of the premises containing brochures which provide information on the major visitor attractior.s in Chula Vista and San Diego County. City may terminate any use in the interior of the Center or layout of the interior facilities which it finds objectionable; and the Chamber is prohibited from use or decoration of the exterior areas without the advance written approval of the city. 6.0.3. The Chamber shall not make any· structural improvements or changes to the Premises except in .accordance with the "Design Layout" which has been reviewed and approved by the City. 6.0.4. The Chamber's operation of the Premises will conform to the approved Design Layout. Any changes to the approved Design Layout must have prior approval of the city. 7. Review and Amendment ... The Chamber and Contract Administrator shall meet on at least a quarterly basis to review items including, but not limited to: quarterly reports, scope of services, hours of operation, permitted commercial activities, design layout, and scope and consolidation of Main Office Services. The Chamber and the Contract Administrator may, by separate written agreement, amend the scope of services or operating conditions relating to: form and content of quarterly reports, visitor services, hours of operation, permitted commercial activities and design layout. Any other changes shall be sUbject to formal contract amendment. 8. I.ä:m I . 8.1 Initial Term. The term of this contract shall be for two and one-half (2.5) years, commencing January 1, 1995 and ending June 30, 1997, subject to the extension and termination provisions of this agreement. -- A/- 3s -."-',- .. "-,+--,, _ .... ... ---+----" --_..... .--"...- ...-- ... '".. ,,---...,,------..--...--..- .---- Attachment 5 Page 17 8.2 aDtion to Extend . Following the initial term of this agreement, the City and the Chamber shall have three (3) consecutive options to extend this agreement for three (3) year periods, for a maximum of nine (9) additional years. other terms and conditions of the contract during the option period(s) shall be the same as the initial term. To exercise any such option to extend, the city must give the Chamber written notice of its intention to extend at least five (5) months before the expiration of the initial term or then current extension period. The Chamber shall have thirty (30) days to notify the City of its intention to accept the extension option. The Chamber's agreement to extend shall be at its sole and absolute discretion. .. 9. Maintenance. ReDairs. utilities and ImDrovements: 9.!. Reaular Maintenance The Chamber shall be responsible for keeping in good order and condition the interior of the premises, the vending machine area, and the rest rooms, including but not limited to, interior walls, floors, windows and necessary cleaning thereto. The Chamber shall clean and provide minor maintenance for the rest rooms, which are a portion of the premises, for the use of the pUblic. Restrooms will be cleaned at least once per day on Mondays through Thursdays. Restrooms will be cleaned at least twice per day on Fridays through Sundays and on major holidays, unless less frequent ... cleaning is approved in writing by the city. Restroom supplies such as toilet paper and paper towels shall be provided by the Chamber. The Chamber shall be responsible for all costs and supplies necessary for the proper cleaning of the interior of the premises, including graffi ti removal which does not require painting, and minor maintenance such as replacing interior light bulbs. The Chamber shall be responsible for the professional cleaning of the interior floors and vending machine area floor at least once every three months using professional equipment andlor personnel. The Chamber shall be responsible for maintenance of the exterior 'advertising panels, steam cleaning of the exterior patios and walkways of the premises when needed, trash pick-up and removal, and exterior ashtray cleaning. 9.2. Facilitv ReDairs The city shall be responsible for repairing and maintaining the exterior of the Center. This responsibility extends to, but is not limited to, the interior, the roof, exterior walls, landscaping, and graffiti removal. The City shall be responsible for repairing and maintaining all permanent interior improvements to the premises. Said improvements ~~/~3¿ _._~-_..- "_.___'__'_"'___'___'___._'___ ________..__.._.________"' _ __·__~_w .._....~_._....,___.__._._.._..._____. Attachment 5 Page 18 shall include, but not be limited to, plumbing, utility systems, windows, fixtures, painting, and wall coverings. 9.3. Emeraencv ReDairs The city authorizes the Chamber to make emergency repairs of up to $500 for items the City is responsible for repairing and maintaining. Emergency repairs include but are not limited to broken windows and roof leaks. The City will reimburse the Chamber for reasonable costs up to $500 for such necessary emergency repairs within sixty (60) days of submitting an invoice to the City's contract administrator. 9.4. Nealiaence Notwithstanding the foregoing subsections, the Chamber will be responsible for all repairs required as a result of negligence of the Chamber or the Chamber's employees. Costs of said repairs shall not be deemed "Applicable Operating Expenses." 9.5. utilities The city shall be responsible for all water, sewer, and electricity utility costs associated with the use of the premises, including the restrooms. The Chamber sha 11 be responsible for all trash disposal, alarm service and telephone costs. Telephone billing records and long distance charges shall be subject to review and audit by the City. 9.6 ImDrov~ments and Personal PrODertv: Title UDon ... Termination Unless otherwise provided in writing by both parties, all improvements to the Premises shall be the responsibility of the City, and upon termination. of this agreement, all improvements to the Premises, all inventory and all personal property remaining on the Premises shall be deemed to be the property of City. 10. Termination 10.1' Riaht to InsDect QDerations. The Contract Administrator shall have the right to enter the Center, inspect same and review the operations of the Chamber under this agreement at anytime during the term of this agreement. 10.2 Riaht to Determine Violations. If Staff shall determine that the Chamber is in violation of the terms of Section 9.4 ("Critical Violations") or 9.5 ("Significant Violations"), or other provisions of this ~/-31 ~'_'m ..,_.._._.~_. ._..__ ____ '___m_.__.._..__.__ __~_______ ---.-.-.... ---- J-\LLdLlllllent :; Page 19 Agreement ("Other Violations"), staff shall notify ("Notice of Determination") the Chamber by telephone ( or by such other method as it shall determine appropriate given Staff's assessment of the seriousness of the breach and the urgency of the need for cure) of the violations. Staff's determination that a violation has occurred shall not be reviewable by the City Council at this time, but Staff shall use its reasonable judgment in exercising its discretion hereunder. 10.2.1 Contents of Notice of Determination. The Notice of Determination, verbal or written, shall contain the violation or violations, the date and time, if time specific, of occurrence of the violations, the nature of the violations (i.e. , Critical, Significant, other), and may establish a time within which to commence and effect the cure if staff desires and if Time to Cure is required to be tendered by the terms hereof (Section 9.3) . 10.3 Time to Cure. 10.3.1 Time to CUre Not Reauired~" If Staff reasonably determines that a violation by the Chamber was or is either a willful and avoidable violation of Critical nature, or not capable of cure, Staff may institute Termination Proceedings, as hereinbelow defined, immediately without providing time to cure. ... 10.3.2 Time to CUre Reauired. Unless Staff is not required to afford the Chamber time within which to cure the violation(s) pursuant to paragraph 9.3.1, Staff may establish a time within which to cure the violation at or subsequent to the time at which it determines a violation has occurred. Staff's establishment of a time within which to cure shall be based upon its determination of the Chamber's culpability in committing the violation, economic feasibility to cure, and need to cure. 10.3.3 Force Maieure. If a violation occurs that is caused by a fire, flood, earthquake, bridge collapse, chemical poisoning, act of war, or similar major calamity, and as a further result of said calamity, the Chamber is prevented from commencing and diligently prosecuting a cure for the violation using reasonable efforts, the duty to cure the violation shall be suspended for the period of time in ot/- 3 f - -- - - --" ----_...__._.~_.._~_.__._.- - - -_._--,-~_._'"-_._--_._---~--,- Attachment 5 Page 20 which the Chamber is prevented, not to exceed one (1) month. 10.3.4 Failure to Prosecute CUre. Failure to commence the cure immediately, diligently prosecute the cure, and to effect the cure within the time set by Staff shall be grounds for City's termination of this agreement, and Staff may institute Termination Proceedings. 10.4 critical Violations The following shall constitute "Critical Violations" of this Agreement: 1- The Center is closed, or otherwise not operational in terms of providing visitor and transit service to the public, for any cumulative (not necessarily consecutive) periods in excess of eleven (11) hours during the specified minimum operating hours in any 30-day period; or, 2. The Chamber engages in a course of activity which significantly impedes or diverts the flow of visitors, tourists and the general public from Chula Vista business. 10.5 Sianificant Violations ... The following shall constitute "Significant violations" of this Agreement: 1. The Chamber's performance does not present a positive image of the City or does not provide complete and accurate responses to information requests from the public; or, 2. The Chamber allows commercial activities to significantly interfere with providing complete and accurate responses to information requests from the public. . 10.6 Termination Proceedinas. "Termination Proceedings", as herein referenced, shall take the following form: 10.6.1 Staff shall establish a date for a hearing ("Hear ing") before the City Council of Termination of Agreement not sooner that 7 days from the Notice of Determination. c1!-3? -.-..-."..-...-,-. . ..~_._~-~--._-_.~---- .M·....._,·_....._......._. _.___.___ ''______.___.._,. ..,', ___...___~._ - Attachment 5 Page 21 10.6.2 staff shall provide at least 7 days notice of the Hearing to the Chamber. Notice nead not be given to any other party except by the posting on a city Council Agenda. 10.6.3 At the Hearing, the City Council shall deliberate upon the occurrence of a violation, and the right to cure the violation, and on such other matters as the Chamber and staff shall determine are appropriate. 10.6.4 If the City Council shall, it·theexercise of its reasonable judgment, determine that the best interests of the city are served by the termination of the agreement, it shall by written resolution terminate the agreement. 10.7 Abandonment. If the Center is closed, or otherwise not operational in terms of providing transit and visitor service to the public, during all of the specified minimum operating hours for two consecutive days, this Agreement shall be deemed terminated at the option of the Contract Administrator and upon exercise thereof, the premises shall be deemed abandoned. 10.8 ComDensation and/or Damaaes. In the event of termina.tion, compensation due shall be prorated less any damages caused to the city by the Chamber's breach. .. 11. Miscellaneous Provisions. 11.1. Assianina and Sublettina The Services of Chamber are personal to the City, and the Chamber shall not assign, subcontract, transfer, sublet or encumber the Premises or any interest in this Aqreement (whether by assignment or novation) without the prior written consent of the City. 11.2. Administrative Claims Reauirement 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 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 fully set forth herein and such policies and procedures used by the City in the implementation of same. Upon request by the City, the Chamber shall meet and confer in good 'faith with the City for the purpose of resolving any dispute over the terms of this agreement. ~/-1ó -.,--" - -,--------'...-._-- -'- Attachment ~ Page 22 11.3. Attornev's Fees. Should a dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees, provided that said party has exercised best efforts, in good faith, to negotiate a settlement of the dispute prior to and during the litigation. . 11.4. Entire Aareement. 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, ...i1Iodified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. 11.5. Canacitv 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. 11.6. Governina 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. 11.7. IndeDendent Contractor. City is interested only in the results obtained· and the Chamber 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 to reject or accept the Chamber's performance according to the terms of this agreement. The Chamber and any of the Chamber'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, ~/-{/ ..- . . --.-..---.....----. ----,-~- ..~.- Attachment 5 Page 23 workers compensation benefits, injury leave or other leave benefits. 11.8. Financial Interests. 11.8.1. The Chamber warrants that neither they nor their employees or agents presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the contract, or in any property within ten (10) radial miles from the exterior boundaries of the property which is the subject of the contract, except as listed on an attachment hereto. 11. 8 . 2 . The Chamber further warrants and,represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to the Chamber or their associates. The Chamber promises to advise the City of any such promise that may be made during the term of this contract and for subsequent extensions. 11.8.3. The Chamber may not conduct or solicit any business for any party to this contract or for any third party which may be in conflict with the Chamber's responsibilities under this contract. 11. 8.4. The Chamber further agrees to waive and forego the following: relocation benefits, owner participation rights and claims for goodwill. ... 12. CorresDondence and Noticina Correspondence relating to this agreement should use the addresses given below: George Krempl Roderick F. Davis Deputy City Manager Executive Director city of Chula Vista Chula Vista Chamber 276 Fourth Avenue of Commerce Chula Vista, CA 91910 233 Fourth Avenue Chula Vista, CA 91910' . 0{ J -1cÂ .-.- , - -.-.....---." .__._~...,,- - - --,"--------.-¥ -- -' ......-- Attachment 5 Page 24 SIGNATURE PAGE TO CONTRACT TO PROVIDE VISITOR AND TRANSIT INFORMATION SERVICES AT THE CHULA VISTA VISITOR INFORMATION CENTER IN WITNESS WHEREOF, City and Chamber have executed this Agreement this day of 1994. THE CITY OF CHULA VISTA CHULA VISTA CHAMBER OF COMMERCE Mayor President . Executive Director Approved as to form by ... city Attorney , cJ.j-15 -_.-.._-_..._._._-~"-_.- '-"-"~"-'-- ~----_._.._-_._._.._-_.,,+..._- _______.___._._~__..._·_____~_..._~.__._._,.,..'_"_M.._,~_'"._.__ ....... _'C-" .__ ...'"-' ...'-'" -'~,''', , '''_'I' ",'- ",-,'-'\'--:::1 ·_V,t-'V,.........~V,. 'w "'W..........U......... 1 . W",- Attachment 6 rA The Kobey ( I Corporation I OpMarOffo'K~~MIMt Klmborly Kobey Pte1to November 30, 1994 PtwItW>t George Krempl Kara Kobøv Canog\J!arl Deputy City Manager VIce President Çìty ofChula Vista Charles J. Pretto 276 Fourth Avenue Gen8IØI C<XIII<1I Chula Vista, CA 92010 Dear Mr. Klempl: This letter confirms 0\11' telephone conversation on this same date. The , Kobey Corporation win continue to operate the Chula Vista 1nfoIIDation . . " --, "~~ . ,-, 'Côhter Wí!il' DëCetrib~23;1994;';è\'¡nrentioned,TKobey's intends to'l:C9:ìlö'le all' -- its tenant improvements during the week of December 27-31 u¡ùess other anangements are made reglll'ding th()9Ø assets. A liBt of this assets will follow fi:om Serdar under separate cover. I , Once again let me personally extend my best wishes to the Chamber of Commerce. Serdar and myself would be more than happy to meet with them to make the traDsition a smooth Ol1e. Please do not hesitate to call with allY questions. ... Charles J. Pretto Ge:nciraJ Counsel The Kobey Cmporation CJp P.O. Box 81492 San Diego. C^ 92138 619/623-2700 Pax:619/523-2715 ~lJjI TOTAL p.e2 H~' "~_~ __~~____,__________'. __ _._" Attachl!len t / , , Ð DONALD WAYNE RUSSELL , ATTORNEY AT LAW R 209 THIRD AVENUE . ~n6 . CHULA VISTA. CA 91910 (619) 476-0033 CITY OF CHULA VISTA November 30, 1994 George Krempl/Jeri Gulbransen City Manager's Office 276 Fourth Avenue 'Chula Vista, CA 91910 Re: PROPOSAL TO THE CITY OF CH\JLA VISTA FOR OPERATION OF "E" STREET TROLLEY INFORMATION CENTER Dear Mr. Krempl and Ms. Gulbransen: ' I a.m aware of the fact that Kobeys Kiosks will no longer be operating the Chula Vista Information Center at the "E" Street Trolley station, as of the end of December 1994. I am also aware of the fact that, recently, at a meeting of the City Counsel, the president of the Chula Vista Chamber of Commerce made a proposal to the city that the Chamber take over o~eration of this information . center. I have formed a new company consisting of myself and my wife, MARIA OCHOA-RUSSELL, who was a former day manager of the Chula Vista Information Center as an employee of Kobey's Kiosks and who is totally familiar with the day-to-day operation of the center. I ~ also have been contacted by existing employees of Kobey's, including its manager, who are presently working at the "E" Street Station and who will lose there jobs when Kobey's ceases to operate its business at this location. These employees have expressed a willingness to continue in their positions under my ownership of the business. I would .like, through this letter, to request that .a formal proposal be made on my behalf to negotiate and -enter into an agreement with the City of Chula Vista whereunder I would take over and operate the Chula Vista Information Center at the nEn Street Trolley Station location. Unlike the former agreement which the Cit:l had with Kobey's, I would be willing to enter into a lease agreement for the premises whereunder a guaranteed rent is paid to the City on a monthly or yearly basis. This would yield an income to the City for' this location which it has riot previously seen. I would be willing to commit to a monthly rental of $1,000.00 per month immediately. ~ l-f6 -.. --- - -----.--- -. -" -- -."" ~ ..- -_..---,_._._,--.-.-_--_._~._- _,',,".. .' ~ .~.___.,._.._._..._.__ _ _ _ ___ _...,_,___.__. '_._'__..m.. _.__"___".______..~___ _ ..__. Attachment 7 , Of course, I would also committ to existing contractual '. requirements, including maintenance of and public access to the rest room facilities and for tras~ pickup and removal. We would continue to provide visitor information services at this location but with a broader range of services than has previously been provided. We would also operate our concession services but with a wider range of products and goods for patrons than has previously been provided. I plan to pattern the new information center after the information center presently being operated in San Diego at Mission Bay, including historic and locally oriented displays and information about local businesses and services. This business will continue to flourish under new management and without causing job loss to existing employees of the center. I also plan to continue to sell bus and monthly trolley passes to the public in cooperation with the San Diego Transit. I would greatly appreciate it if you would convey this proposal to the City Counsel at the earliest opportunity. I would be able to take over operation of the center immediately. I believe it would be in the bests interests of the City to take a money-making proposal into consideration before making any final committment to the Chamber. Thank you for y r anticipated assistance in handling this request. ~\~~í(\ DONALD W~USSELL .... cß./ -i¿ t· '\ .' , j" J ------.--- . -------.-- -. ... -_.~_._"- ".".--....-.- --.------.--.--. - ,_.._~--"-------- l'tUV"o:::..o:::.. .I.:.J::"'-t 1.1'--'--' \..-t--jL!f" I.iJ/-IIt:.Jv, \,.-U b1.:J ::.)..)1. .L.L:.JO::: t~. Uo:::.. Attachment 8 TROLLEY SERVICES, INC. A FINANCIAL SERVlCI! PROVIDER 1884 Newton I."enue ..... Diego. CA 92113 November 22, 1994 Ms. Jeri Goldbransen Public Information Coordinator City of Chula Vista City Managers's Office 276 Fourth Avenuo Chula Vista, Ca 91910 _." ......' . ,....".......~, .~ .~ ,",':'\:-f"?-'."'!';I(", ~.7~--' r .._.._ ~'::' '"Ir':'~'='""':' .-.,-' ':;1.- c'--" ,< ,",~, Dear Ms. Goldbransen, Thank you for your time the other day in regard to the operation of the Chula Vistll Information Centar located at the "E" Street Trolley Stop. To reiterate our conversation we spoke of the following: c The Chula Vista Information Center is now being operated by Kobey Kiosk, Inc; .'--- c Trolley Services, Inc. is currently finalizing the contrêlct with San Diego Trolley, Inc. and MTDB to transfer the operation of the Sêln Ysldro trolley stop to Trolley Services, Inc.. ~ c Trolley Services, Inc. has sent e "Letter of Intent" to offer to trêlnsfer the operetion of the Chula Vista Information Center from Kobey Kiosk, Inc. to Trolley Services, Inc. We would like this document to be considered a proposal to transfer the operation of the day to day operation of the Chulll Vista Information Center to Trolley Services. Inc.. We agree to the following: o We will provide to the public, general transit and visitor information services for the benefit of the City of Chula Vista. o We will provide to the public, Information regarding street location, hotel and motel locations, restaurant locations. visitor attractions and public events for the benefit of the City of Chule Vista. ~/-11 CO) '-------' _ ..-.----.- -_._--~_._--_.._----- ...- ~ -------~_.-.~--_...~._---_.- -~._--~. NDV-22-1994 17:34 CALIF WATER CO 619 531 1152 P.03 Attachment 8 o We will provide to the public, information regarding San Diego visitor attrac1ions for 1he benefit of the City of Chula Vista. c We will provide to the public, information regarding the Trolley schedules, prices and stops. We will sell tickets for the Trolley, including monthly pesses, d¡scoun1 packages and daily tickets. We will also offer to make change for the ticket machines located at the Trolley stop. e We will provide to the public, information regarding the Chula Vista Transit bus schedules and routes for the benefit of the City of Chula Vista. o We will operate the Chula Information Center for the hours of 9:00 a.m. to 6:00 p.m. on weekdays and 9:00 a.m. to 5:00 p.m. on weekends and holidays. _n' ".,.~,_. _ -,., :;_:~....:.:! '_', _' ". ..:.~ ~'t " '" ,,'. !,'-'.:_,":-c',~ will-staff the ChulacVista...JnWrmation Center with' qualified personriêr'~ -- -' '- .- .'- who are nea11y dressed and courteous at all times. c We will maintain insurance at levels indicated in previous oontracts. o We will provide a food concession of the type normally found in transit hubs to provide a ,quick snack to travelers. We will supply the fOllowing food items: hot dogs, tamales, popcorn', nuts, produce, pretzels, candy, snow cones, drinks, whole fish Dr Invertebrates and various packaged food items. o We will provide financial services for the travelers, to include the following: payroll check oashing, Money Gram, peso exchange, Mexican travelers , ' , insurance and cashiers checks. , It is the intent of Trolley Services, Inc. to operate 1he C,hula Vista Information Center and fund the operation with the profits from private enterprise. We are not asking for a subsidy Dr any partioipation by the City of Chula Vista in regard to salaries. We feel you will be pleased with the increased level of services we propose to provide. We look forward to your reply. Respectfully, V&-ktfÞ;-- Jack Knight TOTAL P.03 ~ )-17 ..-- --.--.-~. . ~-_.--_._~ -- --",..~.~-~._.._~.. .-.. . -------.--------.---------- ---. , ......'. f Attachment 8 / IlANKtemp. "./ November 7, 1* .....w,..lolwllcln.· Coorge Krempf DepuI1 CIt1 M8l\1ger .nd Jeñ GubWlSefI P\IÞIiç It~ßIØtion CooI'dIIw\or CIty d ChuIa VIlla 216 Fourth Avenue Chula 'JIata. CA 11910 . Dear Mr. l<rwmpIancl Ms. Qulbm1sen: Ttwnk you for meeting with UlIest Th&ndmy, w. .... "'!fI...tine tNt Traa.y SeNIoN. Inc. beoomt the .,.,.... and ...Ignee of the Chute VIsta IlIon'na1Ion Center. In addition ~ pnMdIn¡¡ vIsIIor lI'1fQnMtIon, WIt would provide foOd and dfInk ..rvIoes Ñnft8r to the tor.1oes beln¡¡ proYIded by K*y. In eddition, we ~1d ,,00IIdI addlliona1 ..Mc:es thM WIt Of the City 01 CtMI VII18 perc:etw to be the "needs" of eM çcmmuto!' 1M vIIItcr to )'OUt' pt)'. These øM;es c;oulcf inçUcfe dIeck ClsN~ and money e¡d',.. ,go. W. ~ like to NWY the neod$ of the COII"oft'U.r anel viIIt~ to cSotermlne their needs. .... w. would prvfer to enter Into . longer term IMsuglømant with the City of Chule V\sla and to enhance the "eRnI ..meel being provldlcS. Tho pi'''' afT~ S.h......1nc. ...lä KnIght, the owner of CalIfornIa WI10r Condition"" Company; Crwlg I(nYCIson. the owner 01 ~rmercado T_ Arnigol.nd BANIQ...p6, and Aldo SancMz, the S10re Manager of Supermercedo 11'81 Amgœ. £j{1:; IleI.. 5*10111I....". far each 01.... pmc¡pall. The QOJIotIItion II"", We.. ~~ about.... new ~Jy and kIok bWtWd to ~ WIth you about JOUf~itI<; 1111111, aoOMfl'¡, Ct .. Crw1g a7UOItI SIrMI." 2 SIn Dotgo. CA 12104 T.lephCIIlI: (118¡ 514-1330 tbtI ~~: (t11! ~o 6'¿¡I.-:J cJ-/- rfr " ---,---~--_.._.~----- - -~- -- ---~--------- - -- ---_.-_.__..._~--~--_.~_.._._.- HOV- 7-94 "aU I':';JÓ .At-H"..'.... t.¡ 9 '5e.. 1 .~·l oð ~ . . ( Attachment 8 \ ÇRAIG KNUDSON \ 4662 EAST TALMADGE DRIVE SAN DIEGO, CA. .211. ' - (111) "N-1»O - SOC. SEC. '1O~·1882 FINANCIAL nECUTlVE QUALIFIED BY: CMr 2S ,.... IICpeItera .. 0IIIIner,ooper.l« Of an Equapment L"'1ng Co<nplr.y a G.,oetyIM..t MetI\e(.. BlInk TlhW_l P,,,ch16l811'V1c1."" !nI\nnoe.nc:f, as _I.."" Enc:utvè'v.oe P.MIder11 .nd c::tØf I.M'oding ~ ~ I local ÞanIC; Branch Manager ~ I fTIIioI' Wilt Coa.1 8&'*, pIuI many ~ and P\II* rwIatIOnI n dvlc: ...pOntiÞlktI'. l.XPiRIENCE: . ~LlpermeTC8do Tnts Amp çrr.. Amlðos 'nYltslment. lnù ChIWmIn n CNef e.o.AvI 0IIIœf ~ . U .ervlœ gI'OCII) .... .nd meet mat1o:et Ioc:aled r.ltlllntlm;lVonal BorcIer Ft Qlay MeN, CJIlII. ..Ia. RlapontIbiIttel Include alralltílc: plannlo, tlMndal -1yaI, and conn!, Þud;eq, and ampI~ 1*1'_ plllt\ning II'ICI goal Nll!ng ~~.. fie PrwlCllnt/Slore .......... WI'IO "t'9..IM fie 11DN, /II8IIt rnarIIet, money "'anga, n In""'nca~. .... .',800,000 .",...,¡y ep.r.ø IIDIW "p\8InÞer 1*. BANKtemDs (,PwI"", .Iiqro . """IWIt.-lll CNltE.l.: ~,. OIIar~alllmporl'Y end M lime p~ IIMC8 operItn "'... S., ÞeQc ) Count)' .rM. C"-àllndude bInka WId 0\1'4' ftnarldllllNtlUfona. II ~ ~Iny. EXCEUampI 011" Ilmllar 1II">1cIa 10 I .....,... rwIQI ~ r.øu.... ""pon'~lael Inc:Iude .~ planning, fIMncIIIanalytll and =ntroI, ÞIId;etIng, and an,IlO1" palM ~"'OI planning and goal ~ng. r'IOIIIIy aupeM.. . .18t! 0' 'lI,ipIOVe..lnc:Ir.Id~g an 0IIIcI MlNlger/Cont¡'oIIer, ~Clrnenl QI!Ioer, end AOQOIIn\ ManagIr1. R....~ rI $1,800,000 Int'loIaHy. fO\lnclld ~y Cace1nÞtr '880, , ... PRIOR WORK EXPERIENCE: u WI.. &ank & !DId EøaAIW ViCI PI~IŠ;.nt II'ICI OIIefl.endlng 0IIIcIr. ~tIIt IncIudId MCn; Øt1 policy, II'OCIdurW, ...4 oS ~, InII fie ~ , .... , ft I $o4OO"1on L.oan 1"ortIbIfo. ChehIWI ~ tlllloerd loin c:...,.,~. ~.Þrct..... L.-n c-..,..A4 ~.Wtl~, ~'.IJa.. J:""" fet.." and CIIpoIltI, end"'" hi. ~ ÒldIllOh.). ,.. ,.t.,,¡ 01810 I ,¡': Pie!. q c... ,. ,_I. JI" _ .., .__AIIIIM n::¡,¡dId "'PllMløn flA e- DMIIcn, AMI EaI* 1..InItng, ..s Co4)o.A.... "oIdIlJ. 'FI:iII pc;.clllnct.lclld å. I~F ÞlQIIIINII'IIICIIII/\'; I ÞMIIon It... UfI ancI ~ .,.,..fI d dot. "'...ImI........ _.. to ~ ~N t.......1n AIIguI1118O.1 '*' ...._ .ncI"ml I ø!. ..c.e.,.-"'''''-. tI....ItOoM. AI"~ . ~ ....À.......I ~1....~. Durtnt ~ *"'" will fit IIII'\I!, "30 CIIJ lnCI!1¥fII"cIIInquIncJ 001...1\"., till Z" or..... Non pto,I'I,."'¡'/Q "-It to *...... "" 0.3 tI" NIt CtwgI OIIIII1Oh Wll'telf 1 ,., I ...... 4I1M. NgI1~, f/fVfttIbIl IDe" _lfzlQ. (1885 to 1880) ) . 5~' - ~J-67J I~ '\ - - -- - -----~--_.,~._-----_.~..------- - - ,.....,......- ........ ,. ---- -,..-,.-,..---....- -,.-.-...-. ¡' Attachment 8 J::jaritaae Leaslnð Cor¡¡gtiJlimI PII"Id.r\ of an eq¡Apmtnt Ic"i~ compa'11 w!'3\ .~ oI!iœs!rom C8Ilfoml' II¡ WaminglOl'l. "Upor1Sibiaöes NJuded 1'\M1ntIIg, ",.,.menI. and c:on~OI ('97310 1 iei) fnt Int.rstate Bank CotjlOfll' Ltf\dIn; ()I!'ar. ".~ b mtP' -1""'" lanCIng NI..",,1pI1tIroughOUI'-SM1 Doego ~...., (1872 W m3) Branch.......1n EI CIjcn, Ca~ MW brlnr;tI. Not Oltt IChIeYeC ~\aI:)I' ~Iio'\ 11I.I ,~.~ II ~F'.~" ~.. ~ 24 ""'""'.. ~ tV La.<! bl.J;.iÅ and oIheI' petfOlTl\llncc .... (111I8 ~ 18n) . EDUCA110N: - ,(, 8. I, ~ ø.nIå'IO II1d Fnnce. unMnIt'i f 80IJII Dekolll, (1M3) . Nun.en¡.... ,..1.8 00Inn" tUlent and 1nØuc:I«. , ^ RoÞtr1 MorT1I , AModI,.. . LOllI ~ 8emInart. PERSONAL: AII' 53. ExOthrlt Hid" RELATED ACHIEVEMENTS: . PretICMnI f Wtnem ~oAooIIon III ~ L_m. . nde auoc:I.\IQn ...... r e ~ 11I360 mtm'*' WI 11M wesIIIm half 01 .. UnIIId ...,... (1882) Keymll" f '" A/TIII'oCeI'I ~ I'!Ion 01 EqulprIIII'IILNIort. I.... a..oeI"e" ~'" 11M' 01700 II\Ift\Þn In '" UnltlCla..... (11181 W 1885) . .... ..,.~IItfGrII CMI III !I CIþI . hit Dh.,;tDIIII £at! ~ UnIIId w.t. .... .EHAVlOR~ CIJIDOMO, People and OIl 011II ØCI, __, "!O'IPI"""""'. .tcI)A4l1C1, ~ or....IId, cIIcIIlvt. WIIt'N ItE~NCI!S: N:..._e .... WIlli 'II UÑIId..... ...~UI , 1410" fa 1[- , , .,./ 5¿¡1.,.5' , ¿¡1-6I _._~ -_._"._.~-_._- ... _ ~H' __,_·_._._n.___.___.__" .__. - -.- .._.~"---_._-_._- - ---.--.. ..----.- . . - - . . Attachment 8 JACK D. KNIGHT 690 ROSECRANS STREET ....) SAN DIEGO. CA. 92106 619·223-3638 SOC. SEC. # 572-62-3305 BUSINESS EXECUTIVE QUALIFIED BY: Over 24 years experience as owner/operator of a residential Water Softening Company. a commercial and industrial Water Purification Company, retail Water Stores and a Food Concession Stand. EXPERIENCE: California Water Conditioninc¡1 ComDanv Owner and operator of a commercial and industrial water treatment company founded in 1977. California Water Conditioning Company's expertise lies in the following fields: water softening. water filtration. design and manufacture of commercial'reverse osmosis equipment. design IInd manufacture of deionizetion systems for high purity applications and waste water reuse. water sterilization systems utilizing ozone and ultraviolet technologies for potable and medical uses. ) water storage tanks and repressurization pump systems. California Water Conditioning employs e people. California Drinkin~ Water Cðmcsnv Owner and operator of 2 retail water stores. The stores were opened in Barrio Logan and San Ysidro areas of San Diego in 1991, The stores offer high volume users of drinking water an alternative to the supermarket drinking water vending machine. The stores offer Food and Drug Administration inspected and approved drinking and purified products. Ancillary accessories include crocks. pumps. dispensers and stands for the 5 gallon market, The San Ysidro location also is a permitted vendor of hot dogs, tamales. burritos. nacho. and fountain drinks, PRIOR WORK EXPERIENCE: . 'Servis oft Soft Wlltll!T Serviee and Wøter Conditionina ~omDRnv Inc. . - Co-owner and operator of residential oriented water softener service company purchased in 1970. Servisoft had 4300 customers that were serviced on the aver!)ge of every two weeks. Responsibilities included management of i P.~ute Delivery, S..I..s. Service. Installation. Accounting and Collection f~·¿, - c1/,/ -: S5Z . ---.-- --- ---------.--..-,--,-------------.-..---,..------.--...-_.,"-- - DRAFT Attachment 9 EXCERPT - ECONOMIC DEVELOPMENT COMMISSION MINUTES - 12/7/94 Page 1 . . b. Discussion regarding chamber request for Economic Development Commission support of the Chamber/Motel Association proposal to receive a portion of the increased Transient Occupancy Tax (TOT) revenues and operate the existing Visitor Information Center. The Commission discussed the Chamber's letter to the EDC dated November 28, 1994,. The letter requested support for the following: . An increase in the Transient Occupancy Tax (TOT) from 8% to 10%. . That 50% of the TOT increase be earmarked for the Chamber's operation of the Visitor's Center (1-5 and E Street) and to "sell the City". The Commission asked staff if any information was available regarding the current amount of TOT received and whether any of it is currently earmarked for promotion of the City. Staff responded that a preliminary review had been done and approximately $1 million is received annually from TOT. Further, staff indicated that the City does not earmark General Fund revenue sources for specific activities; however, the General Fund currently supports from $1.3 million to $2.4 million in promotional activities such as the Nature Center, the Chamber's existing contract, and special events such as Harbor Days, and miscellaneous economic development publications, etc. Staff explained that after the Chamber came to the City Council and Council directed staff to start negotiating with the Chamber to operate the Center, the City received a proposal from another source, which staff is also looking at, offering to pay the City for the proposer to manage the Center rather than receiving a subsidy. Concerning the Chamber and Hotel/Motel Association, staff is presently negotiating regarding the Visitor Center and TOT. Member Read stated that in the past the Chamber ha~ looked at how the Visitor Center was run and that many other enterprises who have tried to run the Visitor Center find it is not cost effective due to a low volume of customers and that most people do not spend a lot of money at the Visitor Center. The Commission asked staff to characterize the level of foot traffic experienced by the Center. Staff ... reported that a SANDAG study had revealed an average of 300 persons per day visit the Center and a peak of 400 to 500 can be expected in the summer months. Roughly, 40% of the visitors are transit-related buying mainly transit passes, using the public rèstrooms, and sometimes purchasing food and small retail items. Discussion took place regarding the likely revenue made possible by the 2% increase, estimated at $260,000 year. Commissioners Lebron, Tuchscher, and Bogart expressed concern about the EDC supporting a tax increase given the limited amount of information they have thus far received. A question was raised about the ordinance which would increase the TOT to 10%. Staff clarified that on December 20, the ordinance provides for a 2% increase unless some action is otherwise taken. In response to a question raised as to how we fare compared to other cities, staff responded complete figures were not at hand, but believes that most cities in the area have a 10% TOT. Member Martija believes Chula Vista is at a crossroad and is having to change their mentality. With consideration to the U.S. Olympic Training Center, he maintains that Chula Vista will become a destination rather than a city that is between destinations and he wants to ensure that whoever runs the Visitor Center has the City's best interest at heart. He feels the Chamber is the most indicated for that position. Member Read hopes that the motel owners are becoming more unified and that they realize to stay in business they wiil have to do some marketing and contribute some dollars rather than letting the City contribute in taxpayers dollars. :</-63 -- --------.....----. ---_..~~.__._~---- Attachment 9 EXCERPT - ECONOMIC DEVELOPMENT COMMISSION MINUTES - 12/7/94 Page 2 Member Compton feels the businesses involved should support the TOT because he feels it is taking taxpayers money and using it to produce more money. He pointed out that the four previous operators of the Visitor Center have been a disaster and the Chamber is now asking for volunteers. He stated the City should be advertising to create an image. However, when it comes to spending the money for that purpose, everyone starts to balk. Member Read pointed out that the City image is a priority for the EDC in 1995. Chair Davis suggested that the EDC look in the direction of supporting the TOT and having the City earmark the funds for marketing the City. She pointed out the EDC Marketing Plan and perhaps funds could support that. However, she feels the EDC should not get too bogged down in the details. Member Tuchscher feels he does not have enough information to support TOT and would like to know where the other cities in the surrounding area are relative to TOT, average rates for this City vs. other cities and how it would affect our hotels. Member Peter endorses the concept idea of the Chamber running the Visitor Center; however, the City should also look at private enterprise offers. He feels the Chamber with volunteers would be a great way to promote the City, and that the Chamber and Motel/Hotel Association working together is a positive beginning. He suggested the total increase in TOT be earmarked for promotion of the City, and a portion of the amount should be negotiated to subsidize the Visitor Center. In response to an inquiry for clarification as to what Council is asking, Ms. Dye commented that Council directed staff to negotiate a contract to operate the Visitor Center with the Chamber and bring the item to the December 20 Council meeting; however, there have been some new proposals submitted and negotiations are ongoing to work out questions and issues with the Chamber. Ms. Gulbransen described the issues staff is considering: should TOT be abated or allowed to increase automatically; if TOT is raised, how will the funds be distributed; and the issue of the Visitor Center. She continued that there are a number of proposals concerning the Visitor Center and the City has received two or three proposals from the Chamber since Council's direction. Staff is continuing to work on the negotiations. M (Tuchscher) that we generally support the increase in the Transient Occupancy Tax (TOT) in accordance with the Economic Development Commission's plans for promotion of the City. . Motion withdrawn. M (Read) to postpone action on this item until further information can be received. Motion dies for lack of second. General discussion occurred regarding the time sensitivity of this issue and the areas of support the EDC wishes to address. M (Lebron) to support the proposal from the Chamber to operate the Visitor's Center, but that Council carefully evaluate where current TOT revenues are going. Motion dies for lack of second. MS (Martija/Peter) to support that any increase in the TOT tax be specifically earmarked for promotion of the City. ,), / - 6-zj ..-..---,',--....---..-------"...-..-.- -- ---."'- Attachment 9 EXCERPT - ECONOMIC DEVELOPMENT COMMISSION MINUTES - 12/7/94 Page 3 Discussion regarding the possibility of directly referencing the EDC's marketing and promotional plan as opposed to generically saying "promotion of the City". Ms. Dye provided clarification regarding the EDC's marketing plan. She indicated that the Commission directed staff to create a comprehensive, proactive marketing and promotional plan. She explained that over a period of six months staff produced an informal plan dealing with image enhancement and promotion. It also deals with business retention, advertising, trade shows, media exposure, and media campaign. The EDC adopted the plan. The Commission suggested the EDC attach this plan as a reference during Council's considerations. MOTION PASSES. [8-0-1, Patrick not present] MS (Martija/Peter) that we support in concept the efforts of the Chamber of Commerce to manage the Visitor Center. General discussion about the process which was used to secure proposals and whether the RFP process was used or required in this case. MOTION PASSES. [5-3-1; Tuchscher, Read, Bogart opposed; Patrick not present] eJ./-S6 ._._ ._""____..___________ __·~m__·.'~"._.,.,_"~_"_._.·_ _____ ""-------.--------_._,...-" -_.,.,---~_..._..._-- CITY COUNCIL AGENDA STATEMENT Item d.d.. Meeting Date 12-20-94 ITEM TITLE: Resolution 1Î''11 Approving Lease of City-Owned Property at East "H" Street and Terra Nova Drive to Jehovah's Witnesses Church, Approving Deferral of Development Fees, and Authorizing Mayor to Execute Lease with purc~e Option SUBMITTED BY: Community Development Director REVIEWED BY: City Manager 2 f~ t" (4/5ths Vote: Yes _ No XJ Council Referral No. N/A BACKGROUND: As part of the Southwest Redevelopment Project Area effort, the Redevelopment Agency assisted Cypress Creek Company (aka Sunbelt) to develop the Palomar Trolley Center, a 190,000 square foot high-volume shopping center at ultimate build-out, on Palomar Street between Broadway and Industrial Boulevard. In order to develop the center, it was necessary to displace the Jehovah's Witnesses Church, which had owned and occupied a Kingdom Hall on the center site for approximately forty years. Efforts were made to relocate the church to City-owned property at Terra Nova Drive and East H Street, but gnatcatcher habitat issues on that site delayed the relocation effort, and the church was required to move off the center site and rent meeting space for the last year. The habitat issues are now close to being resolved through the 4 (d) permitting process, and a lease has been negotiated with the church. RECOMMENDATION: That the Council adopt the resolution approving the lease with Jehovah's Witnesses Church, approving deferral of development fees, and authorizing the Mayor to execute the lease with a purchase option, in a form satisfactory to the City Attorney. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: This report will discuss the displacement of the church from the Trolley Center site, details of the Terra Nova site, the history of negotiations with the church on the Terra Nova site, the proposed church development. the significant terms of the proposed lease, and the deferral of development fees. Church DisDlacement bv Trollev Center Proiect: The Jehovah's Witnesses Church occupied a Kingdom Hall on Parcel 10 of the Trolley Center site for approximately 40 years. The site was essential to development of Phase 1 of the center, and was the subject of acquisition negotiations among the Agency, the developer of the center (Sun belt). and the church. In case the negotiations failed, the Agency adopted a resolution of necessity for condemnation of the parcel. but prior to the Agency filing a condemnation suit, Sunbelt and the church arrived at a negotiated purchase agreement and sale at $425,000 for fee title and all relocation claims. The site had been appraised by the Agency in December of 1992 at $360,000, and the relocation benefits due to the church were estimated at that same time at $25,000. The negotiations to purchase the property from the church focused on the church's ability y"l .. ..----.- ...._~-,..- - ~_.~--_._-_._-,- ------. Page 2, Item ~ Meeting Date 12/20/94 to move to a replacement site and build a new Kingdom Hall. The preferred replacement site was the property owned by the City at East "H" Street and Terra Nova Drive (formerly called Ridgeback Road). Staff and the church were moving on a parallel track to effectuate the lease/purchase of that site by the church and the development of the New Kingdom Hall before the need to vacate the Trolley Center site, so that the church could avoid "going dark" for any period of time. That effort was set back by the identification of the City-owned Terra Nova site as gnatcatcher habitat and the need to engage in the 4 (d) mitigation process. In response, the church hired a consultant to pursue the 4 (d) process on the site with the City, completed the sale of Parcel 10 to Sunbelt, and moved off the site. The church has conducted services in rented space for the last 15 months while pursuing the lease/purchase of the Terra Nova site. In anticipation of the lease/purchase, and entirely at its own risk, the church has been processing plans for a Kingdom Hall on the Terra Nova site. The Terra Nova Site: The property is located on the east side of Terra Nova Drive (originally called "Ridgeback Road"). approximately 150 feet north of East H Street (see map, Attachment A). It is surrounded on three sides by public open space. The property is irregularly shaped and has an area of approximately 65,775 square feet. The property is designated as open space in the General Plan and is zoned "PC", in anticipation of its use as a fire station. The property was dedicated to the City as a future" fire station site as a condition of the Rice Canyon SPA. Subsequent to its dedication, the decision was made to site the fire station for Rancho Del Rey further east on East H Street, and the Terra Nova site was offered for development through an RFP process in 1990, with a targeted use as office commercial. In a declining economy and office market, only one proposal was received; the purchase offer was unacceptably low, the RFP process was abandoned, and the site remains undeveloped. The property was identified as a potential relocation site for the Jehovah's Witnesses Church to facilitate the development of the Trolley Center, and an appraisal was obtained in December of 1992. That appraisal determined a value of $500,000, based on a highest and best use of office commercial. An appraisal update has been obtained from the same appraiser (Lee Johnson Company) in November of 1994, in conjunction with the subject lease/purchase negotiations. The office commercial market and general economic conditions have continued to deteriorate, and the fair market value is determined in the appraisal update to be $343,000, without seller mitigation of the gnatcatcher habitat replacement burden. This value is arrived at by using the market comparison approach to determine a value-per-foot of $5.75 and a total value of $378,206 (65.775 square feet x $5.75 = $378,206)and then subtracting the estimated cost of habitat replacement (mid- range estimate of $35,000) for the rounded value of $343,000 without mitigation. [The appraisal and the appraisal update are availab/e in the Community Deve/opment Department] The habitat replacement burden was discovered in the course of reviewing the suitability of the site for the church relocation. The site had originally been contributed to the City in a rough-graded condition, but some subsequent reestablishment of native vegetation had occurred; as a result, coastal sage scrub vegetation had developed on the site and dd- -d-. __."._._____.__._'o'.o·__··___...·___._ ... ,., .__.~__._"H , ,,_.... u__._._.. _ ,_,__" ________ Page 3, Item ~ Meeting Date , 2/20/94 gnatcatchers began to utilize the site. A biological study conducted by the City indicated some use of the site by gnatcatchers, and consultation with environmental regulatory agencies determined that the site was subject to the gnatcatcher habitat regulations. The development of the site requires that the site be replaced as habitat through either creation of adjacent replacement habitat ("on-site") or purchase of managed habitat land-bank property elsewhere ("off-site"). On-site mitigation is estimated to cost approximately $50,000. Off-site mitigation is estimated to cost approximately $25,000. The appraiser has used a mid-range estimate of $35,000 for mitigation burden. In either approach, the City would need to issue, and have approved by the regulatory agencies, a 4 (d) permit in order to allow development of the site. Issues regarding the ability to do so remain, and the lease/purchase and development of the site would be contingent on the successful completion of the 4 (d) permitting process. City/Church Neaotiations on Terra Nova Site: As indicated above, the church had owned Parcel 1 ° of the Trolley Center project for many years and had no desire to sell the property and vacate its Kingdom Hall. Parcel 10, however, was essential to the development of the Trolley Center. The Trolley Center DDA called for the developer to attempt to negotiate the acquisition of the Phase 1 properties, and if unsuccessful, to request the Agency to contemplate in good faith the acquisition of those properties through eminent domain. In either case, the church was eligible to relocation assistance, both financial and technical. The church and the developer negotiated for the voluntary acquisition of Parcel 10, but the church was not able to commit to a negotiated sale. without the guarantee of a replacement site. As part of the provision of technical relocation assistance, the Agency began exploring with the church the use of the Terra Nova site for the church relocation. At the time that the DDA was approved, the value of the Terra Nova site was estimated to be $500,000, and the mitigation burden on that site had not been discovered. The negotiations with the church for the acquisition of Parcel 10 were based on a value for that property of approximately $375,000. To facilitate voluntary acquisition of Parcel 10, the DDA called for the sale of the Terra Nova site to the church by the City for the same amount that the developer paid the church for Parcel 10, resulting in a write-down of the Terra Nova site value to the church in exchange for avoiding the need to condemn the church and the risk of exposure to higher acquisition and relocation costs as a result of court judgements in an eminent domain trial. It was also clear that the church did not have the financial wherewithal to buy the Terra Nova site for $500,000 and to finance the construction of a new Kingdom Hall, given that its available revenues would substantially be restricted to the proceeds of the sale of Parcel 10 to the developer. At the time of the April 27, 1993, approval of the DDA by the Redevelopment Agency, a solution had been negotiated with the church and the developer which was conveyed to the Agency in the written and oral staff reports (pertinent section of April 27 staff report, Attachment B). The written and oral staff reports indicated that the Agency should probably not go forward with the approval of the DDA if it felt that the draft terms of a lease/purchase as substantially described in the staff report would be unacceptable to the Council when brought forward at a subsequent time. In summary, the proposed conditions of the lease/purchase at that time were as follows: ~"3 - "--_.... ._......_.__..~~..- - - ~-~_._-._-_.._---_.- -~.__._"-----------_..._,----~- Page 4, Item ~d- Meeting Date 12/20/94 · Sun belt pays church $400,000 for Parcel 10 (includes relocation benefits) · City lease-to-own Terra Nova site to church: · Years 1-5: lease payment $2,000; $1,500 applies to purchase price;purchase price is $375,000 · Years 6-10: lease payment $3,000; $2,000 applies to purchase price; purchase price is $500,000 · Years 11-15: lease payment $4,000; $3,000 applies to purchase price; purchase price is appraised value at time · City would waive processing and development fees estimated at $60,000 · Sunbelt would pay City $125,000to make up difference between $375,000 purchase price to church and appraised value of $500,000 (Lee Johnson, December 8, 1992) This arrangement was structured to provide market return to the City for sale of the Terra Nova site and near-market return for the lease of the site. It was also intended to make the relocation of the church financially feasible for the church and avoid Agency eminent domain litigation exposure. Subsequent to the April 27, 1993, approval of the DDA by the Agency, the following events occurred: · The coastal sage scrub/gnatcatcher habitat issue was discovered, which initially appeared to make the Terra Nova site undevelopable in the near future · The developer asked the Agency to pass a resolution of necessity to condemn the church parcel in case final efforts at a negotiated purchase of Parcel 10 failed. The church refused a purchase offer from the Agency at the appraised value. The Agency adopted the resolution of necessity, and in cooperation the church waived its right to a statutory notice period for the hearing of that resolution. · The church and the developer settled on a voluntary acquisition of Parcel 10 at $425,000 for fee title and relocation benefits. · The church moved out into rental space, the Kingdom Hall was demolished, and the church looked unsuccessfully for other relocation sites. · The church hired an environmental consultant to advise the church and the City regarding the possibility of 4 (d) exemption for the site to make near- future development possible. The 4 (d) process appeared to be feasible, the City contracted for a biological assessment and a mitigation plan, and ~d- - ~ .-. . .--...-.......--...... -----~_._-----_._--_. --- Page 5, Item ~d-. Meeting Date 12/20/94 negotiations resumed regarding the lease/purchase of the Terra Nova site. . The Terra Nova site was reappraised at $343,000, without mitigation by the City. The proposed lease/purchase responds to all of the above events. ProDosed Church DeveloDment: The church proposes to build a Kingdom Hall that has approximately 8,000 square feet capable of seating 440 people in "twin" sanctuaries. The project would have 126 parking spaces, office space, classrooms, and a caretaker apartment. The estimated development cost is $500,000, which is predicated on use of volunteer labor contributed by church members. Kingdom halls are typically built in "barn raising" fashion by the congregations over a two-to-three-day period by the congregations. The church has taken the risk of processing land use approvals for the development on the site. They have obtained approval of a Conditional Use Permit and have received Design Review Committee approval. The fees for the processing of these approvals were paid by the developer of the Trolley Center project lease/Purchase Terms: In response to the changes that have occurred since the Redevelopment Agency meeting of April 27, 1993, the lease terms have been renegotiated. In general, they are more favorable to the City. The terms are based on the goals of obtaining a fair return for the City land, successfully relocating the church in a manner which allows the church to build the facility and buy the land, and creating incentives for the church to purchase the land as soon as possible in order to liquidate a non-productive City asset and relieve the City of the burdens associated with being a landlord. The significant terms of the lease/purchase are as follows: 1. The term of the lease/purchase is fifteen years. 2. The purchase option price for the property "bumps" in five-year increments. · In Years 1-5, the price begins at the appraised Dost-mitiaation value of $380,000. The church will be credited for its actual mitigation costs, up to a maximum of $40,000. · In Years 6-10, the price goes to $475,000, which represents an approximately 5% annual increase from Year 1. No credit is given for mitigation costs · In Years 11-15, the price goes to the appraised market value at the point of purchase. ANALYSIS: The price "bumps" and the expiration of the credit for mitigation costs serve as incentives for the church to exercise its purchase option as soon as possible, particularly in the first five years. The purchase price d-d.-S "^---..--- _~~.'.. _ ___..._. . _.___m._.~._.._..._.._ . ----"-------- , Page 6, Item dd- Meeting Date , 2/20/94 structure reasonably takes into account the appraised market value of the site, the existing market conditions and reasonable expectations for use or sale of the site, and the desire to incentivise the church to buy the site sooner rather than later. The purchase price starts at market value, does not "grow" during five-year periods to create incentive points, but does escalate at the beginning of each five-year period, at Year 6 in an amount that represents a 5% annual growth, and at Year 11 to the market value. In the current and short-term environment, reasonable projections make it appear unlikely that the property will increase in value at the rate of 5 % per year over the next five years. The November 1994 appraisal indicates that the most likely use of the property is for office commercial, but that no market for office use exists in the short-term environment, so a 5 % annual growth appears unlikely and the opportunity to attract another user appears unlikely. These considerations make the lease/option appear to be quite favorable to the City in terms of return from an asset. 3. The lease payments for the property "bump" in both annual and five-year increments. · In Years 1-5, the monthly lease payments begin in the first year at $2,100 and increase $100 per month each year (so, in Year 5, the monthly payment would be $2,500). Based on the appraised value without mitigation of $343,000, that represents an average rate of return of 8.1 %, if the church never exercises its purchase option. · In Years 6-10, the monthly lease payments begin in the sixth year at $3,000 and increase $100 per month each year (so, in Year 10, the monthly payment would be $3,500). · In Years 11-15, the monthly lease payments begin in the eleventh year at $4,000 and increase at $100 per month each year (so, in Year 15, the monthly payment would be $4,500). ANALYSIS: The City is receiving lease payments at a level that equals a reasonable market rate of return for the first five years (8.1 % average) if the church does not exercise its option to purchase. In the second five-year period, the rate of return is slightly below the market rate, based on the set price of $475,000. It seems likely that the actual market price will be less than $475,000. The third five-year period has no set value at this time, but the lease payment of $4,000 per month would yield an 8% return at a sales price of $600,000. 4. The amount of the lease payments applicable to the purchase price if the purchase option were exercised changes for each five-year period. · In Years 1-5, $1,500 per month would be applicable · In Years 6-10, $2,000 per month would be applicable d.~ - Ie> . .'_._,____. "'---.___"-0 - -- --_..~._._----,-- --- --- -, -.-.--...----....-..-- --- .~-_._.__._--~_._-_.----..- Page 7, Item do ð-- Meeting Date 12/20/94 . In Years 11-15, $3,000 per month would be applicable ANALYSIS: If the church exercises its purchase option, the applicability of a portion the lease payments to the purchase price will result in the City receiving less than a market return on the lease (the City will still get market return or better on the sale, due to the receipt of the sales proceeds plus the revenue from non-applicable lease payments); the lease return will be more in the range of 3 %. This level of return on the lease is judged to be acceptable, given the contribution the church has made to the Palomar Trolley Center project by voluntarily vacating, the foreseeable lack of potential marketplace-, revenue-generating use of the site, and the need to create ability and incentive on the part of the church to develop and buy the site. 5. At the end of the fifteen-year lease, all of the fixed improvements on the site are owned by the City 6. The City is fully protected under the terms of the lease in regard to insurance coverage on the improvements and any liabilities. 7. The City has the right to enter the property to correct deficiencies as needed. 8. The City has the authority to approve any sub-lease or assignment of lease. 9. The City retains the power to grant easements and encumber the property with financing to the degree that the ability of the church to develop the project or exercise its purchase option is not compromised. 10. The church's use of the property is restricted to operation as a Kingdom Hall. 11. The discovery of any existing soil contamination prior to the construction of the Kingdom Hall would give the church to right to cancel the lease; however, the discovery of any such soil contamination would create no obligation on the part of the City to correct that contamination. The City does not represent the condition of the soil on the property. The church has indicated a strong commitment to exercise its purchase option in the first five years, using permanent financing from the church's national headquarters and contributions from the congregations. The lease terms have been designed to create strong incentive for the church to do so. In Year 6, the church would face a purchase price jump of $135,000 (price increase plus loss of mitigation cost credit). It is also quite clear that the church would not enter into a fifteen-year lease and build $500,000 in improvements that would be owned by the City at the expiration of the lease if it did not intend to exercise its purchase option. Note: The Municipal Code (Section 2.56.260) contains formal property disposition procedures that entail a bidding process, the selection of the low bidder, public notice, and public hearing. The recommended action to lease the property to the church, with an dd..-1 -.---.."..---'".-.- -" --- u.._._.". -' -"'- ---~_._,_.--,_....__.."--_. Page 8, Item .,:):::L Meeting Date 12/20/94 option to purchase without using these procedures, is made in recognition of the following special circumstances: 1. The property has no substantial present or projected future direct public use. 2. The lease terms were negotiated at arms length and. are believed to be substantially "market-rate" terms. 3. The lease serves the public purpose of effecting the relocation of the church following its displacement as a result of the City/Agency-supported Palomar Trolley Center project in the Southwest Project Area. Staff and the City Attorney's Office are comfortable waiving the Municipal Code procedures in this case is appropriate. Deferral of Fees: In the initial negotiations with the church, prior to the successful acquisition of the church property by the developer, the church had requested the waiver of development and processing fees. The fees to be waived totaled approximately $37,000. The proposed lease terms that were conveyed to the Redevelopment Agency on April 27, 1993, included the waiver of those fees. It was felt that waiver of the fees would be appropriate as part of a successful relocation effort, and that if the acquisition of Parcel 10 required condemnation, it was quite possible that the condemnation litigation outcome might require the Agency to pay the fees for the church as part of court-ordered relocation expenses. Since the initial negotiations, the church has sold Parcel 10 to the developer for full compensation for property value and relocation. Therefore, the issue of relocation cost exposure to the Agency is technically resolved. Also, legal questions have arisen regarding the waiver of fees for churches, and staff has been directed to develop a policy to address such fee waiver requests; that policy is being analyzed, but it has not yet been formulated. In response to these circumstances, staff proposes an alternative to the waiver of fees. It is recommended that the church be required to pay the processing fees and that the development fees be deferred. The development fees to which the church would be subject would be the Transportation Development Impact Fee, estimated at $24,148, and the Sewer Participation. Fee, estimated at $11,100. Those fees, totalling $35,248, would be deferred in the following manner: · The church would pay 10% of the fees at the point of issuance of the building permit. · The balance of the fees would be amortized over fifteen years at the current City investment rate, to coincide with the period of the lease. · If the church exercises its option to purchase the property, the outstanding balance on the deferred, amortized fees would be due and payable. ~~--f' ------. ._ _____". ____'__'_ "om ____......__. ·____~·_____..._n_ Page 9, Item cSd.. Meeting Date 12/20/94 Although this partial deferral of fees would be less favorable to the church than the waiver they had requested, it would be helpful to them by allowing them to pay the largest fees over time at a manageable monthly payment amount, so that available cash resources could be used for construction of the Kingdom Hall. The deferral of fees can be supported for the following reasons: 1. Although the obligation on the part of the Agency to pay relocation costs to the church has been technically eliminated, it would be appropriate to recognize the "good neighbor" contribution the church has made by expeditiously vacating its property to make way for the Trolley Center. Litigation offered the church the reasonable potential for greater compensation, including coverage of the fees. 2. The church has submitted a letter in which it offers to assist the City with free skilled labor for public projects as a quid pro quo for the deferral of fees. The Jehovah's Witnesses Church has a record of such public service, and its congregations possess a significant pool of skills. As an example of such an arrangement, the church uses San Diego Jack Murphy Stadium for its annual national meeting at no charge in exchange for doing work on the stadium for the City of San Diego (in one instance, the church retrofitted all the restrooms in the stadium with low-flow devices). FISCAL IMPACT: Approval of the resolution would approve a lease/purchase with the church which would yield the City market-rate return on the sale of the Terra Nova site, at or near market-rate return on the lease if the purchase option is not exercised, and below market-rate return on the lease if the option is exercised. The average annual lease income in the first five years would be $27,600, which is an 8.1 % return on value if the purchase option is not exercised.. The initial period option purchase price is $380,000, less the cost of mitigation capped at $35,000, which yields the currently-appraised value. The option/purchase price for the middle five years reflects a 5 % per year increase in value, which is not currently occurring in the market. The final five-year period would have the purchase price set at appraised market value. It should be recognized that the property is currently unutilized and can reasonably be predicted to remain that way for the foreseeable future. The appraiser points out that although the locational characteristics of the site strongly suggest office commercial as the highest and best use for the sight, no office commercial market exists for the foreseeable future. Therefore, the church lease/purchase offer appears to be quite advantageous for the City in the current and near-term market. The lease/purchase facilitates the successful relocation of a Trolley Center property owner. The Trolley Center is projected to yield $4 million dollars in new taxes over the next ten years. ~ -t:¡ /;;';1. -/ò -.-..- .._-_.._.._~._--~--~- RESOLUTION yYìTl RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING LEASE OF CITY-OWNED PROPERTY AT EAST H STREET AND TERRA NOVA DRIVE TO JEHOVAH'S WITNESSES CHURCH, APPROVING DEFERRAL OF DEVELOPMENT FEES, AND AUTHORIZING MAYOR TO EXECUTE LEASE WITH PURCHASE OPTION WHEREAS, the Chula Vista Congregation of Jehovah's Witnesses Inc. ("Congregation") was displaced by the development of the Palomar Trolley Shopping Center; and WHEREAS, the City has been working with the Congregation and the Palomar Trolley Center developer in order to facilitate the relocation of the Congregation; and WHEREAS, the City of Chula Vista is the owner of property identified as APN No. 592-192-17 in the City of Chula Vista, that property being approximately 1.51 acres situated on the east side of Terra Nova Drive, approximately 150 feet north of East H Street; and WHEREAS, the Congregation wishes to lease the subject property from the City of Chula Vista, with an option to purchase the property, for the purpose of constructing a church facility of approximately 6000 square feet; and, WHEREAS, the City of Chula Vista wishes to lease the subject property to Congregation for valuable consideration; and, WHEREAS, a lease with option to purchase agreement, entitled "Lease from City to Chula Vista Congregation to Jehovah's Witnesses, Inc. of Property Identified as Assessor's Parcel No. 592-192-17" has been prepared by City staff and reviewed by City Council; and WHEREAS, with respect to the proposed lease with purchase option staff has recommended that the formal real property disposition procedures set forth in Chula Vista Municipal Code Section 2.56.260 be waived in light of the strong public purpose served by the lease in effecting the relocation of the displaced Congre¡¡ation; and WHEREAS, Congregation requests that the City defer certain development fees for the intended church facility in order to make the development of the church facility financially feasible and thereby make the lease with option to purchase feasible and Congregation offers to provide future volunteer skilled labor to the City on public projects in recognition of the requested deferral of certain development fees; and, WHEREAS, City wishes to facilitate the development of the proposed church facility in order to make the lease with option to purchase agreement feasible and thereby enjoy the valuable consideration resulting from the lease with option to purchase agreement and City wishes to enjoy the benefit of the offered volunteer skilled labor of future public projects; and, rß02.- If .~"/6 / 'd~ ---~---- . .._.~" _________.,.._,,___.__''"_________u_ '"MO_"_______'__'··__O."_'_ " Resolution xxxxx Page 2 WHEREAS, a deferral agreement entitled "Agreement for Deferral of Certain Development Fees for Jehovah's Witnesses' Kingdom Hall" has been prepared by staff and reviewed by City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The formal real property disposition procedures set forth in Chula Vista Municipal Code Section 2.56.260 are hereby waived with respect to the Lease from City to Chula Vista to Congregation of Jehovah's Witnesses Inc. of Property Identified as Assessor's Parcel No. 592-192-17 ("Lease") the in light of the following findings: (a) the property which is the subject of the Lease has no substantial present or projected future direct public use; (b) the Lease terms were negotiated at arms length and are believed to be substantially "market rate" terms; and (c) the Lease of the subject property to the Congregation serves the public purpose of effecting the relocation of the Congregation following its displacement as a result of the City/Redevelopment Agency supported Palomar Trolley Center development. 2. The Lease is hereby approved, in a final form to be approved by the City Attorney and kept on file with the City Clerk as document No. , and the Mayor is hereby authorized to execute same. 3. The Agreement for Deferral of Certain Development Fees for Jehovah's Witnesses' Kingdom Hall is hereby approved, in a final form to be approved by the City Attorney and kept on file with the City Clerk as document No. , and the Mayor is authorized to execute same. APPROVED AS TO FORM BY: Fi7t- ~5S:t> Chris Salomone Community Develop IDG IDISK5IWPWINI A :JWCLEAS E. RES] c:2 ;( - 1.2- ~, , +------ --_.--- -- .-.--.----.""'. ---_._.~----,-_._.~_..- -- ---_._~_.~-------------_.._.~-+_.~-- LEASE FROM CITY TO CHULA VISTA CONGREGATION OF JEHOVAH'S WITNESSES INC. OF PROPERTY IDENtiFIED AS ASSESSOR'S PARCEL NUMBER 592-192-17 1: THIS LEASE ("Lease"), dated for the purposes of reference only ("Reference Date," herein), and effective as of the date last executed by the parties ("Effective Date", herein), is entered into between the City of Chula Vista, a municipal corporation of the State of California, hereinafter "Landlord," and Chula Vista Congregation of Jehovah's Witnesses Inc., a California Non- profit Corporation, hereinafter "Tenant," is entered into on the following terms and conditions: 2: References and Recitals: 2:.1 "Subject Property"; "Premises" "Subject Property", or "Premises", used alternatively herein, shall meìm the real property, which is essentially unimproved, which is the subject matter of this Ground Lease is commonly known as that 1.50 acre parcel of real property located in Chura Vista, San Diego County, California, fronting on Terra Nova Street north of East "H" Street and, is more legally described as set forth in Exhibit A. 2:.2 "Effective Date" The Effective Date shall be the date that this agreement is last executed by the parties. The Effective Date commences the Construction Period of this Ground Lease. 2:.3 "Construction Period" The Construction Period of this Ground Lease commences upon the Effective Date and continues for 120 days or until the le.ssee receives a certificate of occupancy from the City of Chula Vista for a new church facility, whichever is sooner. 2:.4 ·Occupancy Period" The Occupancy Period shall commence upon the Effective Date, and continue to run until this Ground Lease is either terminated or otherwise expires. 3: Leasing Clause In consideration of the mutual covenants contained herein, Lessor hereby leases the Subject Property to Lessee, and the Lessee hereby leases from the Lessor, for the term and use, at the rental, and upon all of the conditions and covenants set forth herein, including but not limited to those required in accordance with the California Environmental. Quality Act. 4: Use Use of the site shall, during the Construction Period, shall be only for construction of improvements on the site related to the new church facility use as herain allowed, and CITY-JE2.LEA Page 1 CHURCH GROUND LEASE rJ de:? ~ 13 S IJJ - -- ..,--~ ..._-_._-----'- --,--,.-------"--..- ---..-- thereafter during the Occupancy Period the use of the site shall be only for operation of a Jehovah's Witnesses Kingdom Hall. 4:.1 Compliance with the Law. Lessee shall, at Lessee's expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the term or any part of the term hereof, regulating the use of the buildings and other site improvements on the premises by Lessee. In the event that any single change to applicable statutes, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements will result in direct costs to the Lessee of $25,000 or more to achieve compliance, Lessee shall have the right but not the obligation to request renegotiation of lease terms with the Lessor; Lessor shall have no obligation to agree to the renegotiation. Lessee shall not use nor permit the use of the Premises in any manner that will tend to create waste or a nuisance. 5: Construction Period: Term, Rental; Rights and Duties; 5:.1 The Construction Period Term shall commence upon the Effective Date and conclude on the 120th day thereafter or on the date the Lessee receives a certificate of occupancy from the City of Chula Vista for a new church facility, whichever is sooner, except as follows: 5:.1.1 This Lease shall automatically expire 120 days or sooner following the Effective Date hereof unless no less than 10 days prior thereto Lessee shall notify Lessor that all permits have been obtained, or by such notice, Lessee advises Lessor that it has instituted legal proceedings or is exhausting its administrative remedies in order to procure the necessary permits, in which case, Lessee shall have an additional 60 days within which to procure such permits, and, in which case, the Construction Period Term shall be extended an additional 60 days.. 5:.1.2 Soils conditions. . Lessee may terminate this lease, without further cost or expense to Lessor, prior to the commencement of the construction if they demonstrate to Lessor that the Subject Property contains soil conditions, including hazardous or toxic soil, that makes the proposed use of the Subject Property unsafe, or economically infeasible of development. Nothing herein obligates either party to correct an offending soil condition and Lessor makes no representations or warranties regarding the condition of the soils at the Premises. 5:.2 Cash rental shall be due during the Construction Period as follows: rent shall be One Dollar ($1.00) per month for the first sixty (60) days of the Construction Period; rent shall be Five Hundred Dollars ($500.00) for the subsequent sixty (60) days of the Construction Period. Rental sums received by Lessor during the Construction Period shall not be applied in accordance with the option to purchase contained in Paragraphs 30.3.1 through 30.3.3 of this lease. 5:.3 Delay in Possession. Notwithstanding said Effective Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee on said date, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or the obligations of Lessee hereunder or extend the term hereof, but in such case, Lessee shall not be obligated to pay rent or perform the obligations of this Ground Lease until possession of the Premises is tendered to Lessee; provided, however, that if Lessor shall not have delivered ClTY-JE2.LEA Page 2 CHURCH GROUND LEASE ;:!",t J~ " possession of the Subject Property within sixty (60) days from said Effective Date, Lessee may, at Lessee's option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all obligations hereunder; provided further, however, that if such written notice of Lessee is not received by Lessor within said ten (10) day period, Lessee's right to cancel this Lease hereunder shall terminate and be of no further force or effect. 5:.4 Construction Period Rights and Duties 5:.4.1 Lessee shall cause to be conducted a topographical survey, engineering studies, and soil tests to determine Premises' suitability for Lessee's proposed improvements. 5:.4.2 Lessee shall design all improvements ("Improvements") to be constructed at the premises for a Kingdom Hall facility and shall submit detailed plans for such improvements for approval by the Lessor. 5:.4.3 Lessee shall apply to the appropriate governmental authorities for such licenses, permits, and any other administrative approvals (herein collectively called "permits") as may be necessary to construct -and operate the Improvements. 5:.4.4 Lessee shall construct the Improvements in accordance with the plans approved by Lessor, all permits and all applicable laws and regulations. 6: Term 6:.1 Term: The Lessee is to have and to hold the premises after the Effective Date for a term of fifteen (15) years. The parties agree upon demand of the other to execute a written Memorandum in recordable form expressing the Effective Date of the term thereof, when such exact date has been determined. 6:.2 Terminating Events: 6:.2.1 Conveyance of Title. This Lease shall terminate as of the City's conveyance of title to Lessee pursuant to Lessee's Option to Purchase pursuant to their right to do so, as contained in Paragraphs 30:.1 through 30:.3.3 of this lease between City end Chula Vista Congregation of Jehovah's Witnesses, Inc., and on file in the Office of the City Clerk of the City of Chula Vista, California, 6:.2.2 Necessary Permits Not Procured If, pursuant to the time provisions of Paragraphs 5.1.1, the Lessee has not obtained all necessary permits. 6.2.3 Offending Soil Conditions If, pursuant to Paragraph 5.1.3 the Lessee demonstrates to Lessor that soil conditions make the proposed use of the Subject Property unsafe or economically infeasible of development. CITY-JE2.LEA Page 3 CHURCH GROUND LEASE ;2,ol - r S- 1Ð .. -.-.....- ~.. ..-..--....- .....----....-----.--- -_..~-_._._..".~_.--.._._._.._----~~--.~ _ ----- --_._,-----~ 6.2.4 Delay in Possession If, pursuant to Paragraph 5.3, Lessor shall not have delivered possession of the Subject Property within sixty (60) days from Effective Date and Lessee elects to cancel this Lease. 6.2.5 Lessor Fails to Restore or Repair Premises If, pursuant to Paragraph 11.4.2, Lessor is obligated to repair or restore Premises but fails to commence such repairs or restoration within the required time, and Lessor elects to terminate this Lease. 6.2.6 Failure to Receive Tax Exemption If, pursuant to Paragraph 12.2, Lessee shall not receive a property tax exemption on the leased Premises, and Lessee elects to terminate this Lease. 6.2.7 Other Events If any other event, stipulated within this Lease to result in the termination of this Lease, shall occur. 7: Rent 7.1 Commencing with the first day following the termination of the Construction Period, the Lessee covenants and agrees to pay the Lessor as rent the following sums: Year 1: $2,100 per month Year 2: $2,200 per month Year 3: $2,300 per month Year 4: $2,400 per month Year 5: $2,500 per month Year 6: $3,000 per month Year 7: $3,100 per month. Year 8: $3,200 per month Year 9: $3,300 per month Year 10: $3,400 per month Year 11: $4,000 per month Year 12: $4,100 per month Year 13: $4,200 per month ClTY-JE2.LEA Page 4 CHURCH GROUND LEASE ~~-/(P Year 14: $4,300 per month Year 15: $4,400 per month 7:.2 All rent payments shall be due and payable in advance on or before the first calendar day of each month during the Term. Rent for any partial month prior to the first full calendar month of occupancy following the termination of the Construction Period shall be prorated daily on the basis of a 30-day month and payable with the first monthly rental payment due on the first day of the first calendar month following the Construction Period termination date. 7:.3 All rental sums shall be received and applied in accordance with the option to purchase contained in Paragraphs 30.3.1 through 30.3.3 of the Lease. 8: Condition of Premises Lessee hereby accepts the Premises in their condition existing as of the Lease Effective Date or the date that Lessee takes possession of the Premises, whichever is earlier, subject to . all applicable zoning, municipal, county and state laws, ordinances and regulations governing and regulating the use of the Premises, and any covenants or restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee acknowledges that neither Lessor nor Lessor's agent has made any representations or warranties as to the physical or legal condition of the Premises or the present or future suitability of the Premises for the conduct of Lessee's business. Furthermore, Lessor makes no representations as to the possibility of hazardous materials or toxic waste being located on the subject premises except that Lessor warrants and represents that Lessor has not deposited any such materials on the Subject Property. Lessee has the right to inspect and conduct soils tests and studies as hereinbelow provided, end to thereby determine for itself that the soils condition is satisfactory to his needs. 9: Risks of Loss; Insurance 9.1: Indemnity Lessee shall indemnify and hold harmless Lessor from and against any and all claims arising from Lessee's use of the Subject Property, or from the conduct of Lessee's business or from any activity, work or things done, permitted or suffered by Lessee in or aboùt the. Premises or elsewhere and shall further indemnify and hold harmless Lessor from and against any and all claims arising from any breach or default in the performance of any obligation on Lessee's part to be performed under the terms of this Lease, or arising from any negligence of the Lessee, or any of Lessee's agents, contractors, or employees, and from and against all cost, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against Lessor by reason of any such claim, Lessee upon notice from Lessor shall defend the same at Lessee's expense by counsel satisfactory to Lessor. Lessee, as a material part of the consideration to Lessor, hereby assumes all risk of damage to property or injury to persons, in upon or about the Premises arising from any cause other than negligent or intentional acts of the Lessor or its representatives or the City of Chula Vista or its representatives, and Lessee hereby waives all claims in respect thereof against Lessor. CITY-JE2.LEA Page 5 CHURCH GROUND LEASE ~~ -/7 1 v -----~----_.,_.- --_...._._,_._-~---_._.,---_.- 9.2 Exemption of Lessor from Liability. Lessee hereby agrees that Lessor shall not be liable for injury to Lessee's operation of a church facility therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee's employees, invitees, customers, or any other person in or about the Premises, nor shall Lessor be liable for injury to the Lessee, Lessee's employees, agents or contractors, whether such damage or injury is caused by or results from fire, flood, rain, water, steam, electricity, gas, or from the breakage, leakage, obstruction or other defects of the land, grading, elevation of the land, pipes, wires, appliances, plumbing, or from any other cause, whether the said damage or injury results from conditions arising upon the Premises or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same are inaccessible to Lessee. Lessor shall not be liable for any damages arising from any act or neglect of any other tenant, if any, of the land adjacent to the premises leased by Lessor. 9.3 Liability Insurance. Lessee shall, at Lessee's expense obtain and keep in force during the term of this Lease a policy of Comprehensive General Liability Insurance insuring Lessor and Lessee against any liability arising out of the ownership, use, occupancy or maintenance of the Premises and all areas appurtenant thereto. Such insurance shall be a combined single limit policy in an amount not less than $1,000,000 per occurrence. The policy shall insure performance by Lessee of the indemnity provisions of this Section 9. The limits of said insurance shall not, however, limit the liability of Lessee hereunder. 9.4 Property Insurance. Lessee shall obtain and keep in force during the term of this Lease a policy or policies of insurance covering loss or damage to the Premises, in the amount of the full replacement value thereof, as the same may exist from time to time, which replacement value will be $500,000 at completion of the construction period, but in no event less than the total amount required by lenders having liens on the Premises, against all perils included with the classification of fire, extended coverage, vandalism, malicious mischief, flood, and special extended perils ("all risk" as such term is used in the insurance industry). Said insurance shall provide for payment of loss thereunder to Lessor and to the holders of mortgages or deeds of trust on the Premises. The Lessee shall, in addition, obtain and keep in force during the term of this Lease a policy of rental value insurance covering a period of one year, with loss payable to Lessor, which insurance shall also cover all real estate taxes and insurance costs for said period. A stipulated value or agreed amount endorsement deleting the coinsurance provision of the policy shall be procured with said insurance as well as an automatic increase in insurance endorsement causing the increase in annual property insurance coverage by 2% per quarter. If the Lessee shall fail to procure and maintain said insurance the Lessor may, but shall not be required to, procure and maintain the same, but at the expense of Lessee. If such insurance coverage has a deductible clause, the deductible amount shall not exceed $1,000 per occurrence, and Lessee shall be liable for such deductible amount. 9.5 Insurance Policies. Insurance required hereunder shall be in companies holding a "General Policy-holders Rating" of at least B plus, or such other rating as may be required by a lender having a lien on the Premises, as set forth in the most current issue of "Best's Insurance Guide." The CITY-JE2.LEA Page 6 CHURCH GROUND LEASE ,;<;( -/3-' Lessee shall deliver to the Lessor copies of policies of such insurance or certificates evidencing the existence and amounts of such insurance with loss payable clauses as required by this Section 9. No such policy shall be cancelable or subject to reduction of coverage or other modificatio'n except after thirty (30) days prior!vvritten notice to Lessor. Lessee shall, at least thirty (30) days prior to the expiration of such policies, furnish Lessor with renewals or "binders" thereof, or Lessor may order such insurance and charge the cost thereof to Lessee, which amount shall be payable by Lessee upon demand. Lessee shall not do or permit to be done anything which shall invalidate the insurance policies referred to in Section 9. If Lessee does or permits to be done anything which shall increase the cost of any insurance policies Lessor may have with respect to the Premises, then Lessee shall forthwith upon Lessor's demand reimburse Lessor for any additional premiums attributable to any act or omission or operation of Lessee causing such increase in the cost of insurance. 9.6 Waiver of Subrogation. Lessee and Lessor each hereby release and relieve the other, and waive their entire right of recovery against the other for loss or damage arising out of or incident to the perils insured against under Section 9, which perils occur in, on or about the Premises, whether due to the negligence of Lessor or Lessee or their agents, employees, contractors and/or invitees. Lessee shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease. 10: Maintenance, Repairs and Alterations 10.1 Lessee's Duties. Lessee shall keep in good order, condition and repair the Premises and every part . thereof, structural and non-structural, (whether or not such portion of the premises requiring repair, or the means of repairing the same are reasonably or readily accessible to Lessee, end whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the , elements or the age of such portion of the Premises) including, without limiting the generality of the foregoing, all plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment within the Premises, fixtures, walls (interior and exterior), foundations, ceilings, roofs (interior and exterior), floors, windows, doors, plate glass and skylights located within the Premises, and all landscaping, driveways, parking lots, fences and signs located on the Premises and sidewalks and parkways adjacent to the Premises. 10.2 Surrender. On the last day of the term hereof, or on sooner termination, Lessee shall surrender the Premises to Lessor in the same condition as when received, or if such improvements was constructed, then when constructed, ordinary wear and tear excepted, clean and free of debris. Lessee shall repair any damage to the Premises occasioned by the installation or removal of Lessee'strade fixtures, furnishing and equipment. Notwithstanding anything to the contrary otherwise stated in this Lease, Lessee shall leave the air lines, power panels, electrical distributions systems, lighting fixtures, space heaters, air conditioning, plumbing and fencing on the premises in good operating condition. CITY-JE2.LEA Page 7 CHURCH GROUND LEASE cJ/, -/'/ ..,'t -'") ,/ -- -------.- ____._.___'.n - -_...__.,------_._._------~-----_..._-_._.__.. 10.3 Lessor's Rights. If lessee fails to perform Lessee's obligations under this Paragraph 10, or under any other paragraph of this Lease, Lessor may at its option (but shall not be requited to) enter upon the Premises after thirty (30) days prior written notice to Lessee (except in the case of an emergency, in which case no notice shall be required), perform such obligations on Lessee's behalf and put the same in good order, condition and repair, and the cost thereof together with interest thereon at the maximum rate then allowable by law shall become due and payable as additional rental to Lessor together with Lessee's next rental installment. 10.4 Lessor's Obligations. Except for the obligations of Lessor speCifically elsewhere provided in this Lease, it is intended by the parties hereto that Lessor has no obligation, in any manner whatsoever, to repair and maintain the Premises nor the structural improvements, including any buildings, now located or to be constructed thereon, nor the equipment now located or to be constructed therein, whether structural or non structural, all of which obligations are intended to be that of the Lessee under Section 10.1. . Lessee expressly waives the benefit of any statute now, or hereinafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense or to terminate this Lease because of Lessor's failure to keep the premises in good order, condition and repair. 10.5 Alterations and Additions. 10.5.1 Alterations without Consent Prohibited. Except for the construction that is permitted and required by this Ground Lease, Lessee shall not, without Lessor's prior written consent make any alterations, improvements, additions, or Utility Installations in, on or about the Premises, except for non structural alterations not excelilding ·$25,000 per alteration during the term of this Lease. In any event, whether or not in excess of $25,000 in cost, Lessee shall make no change or alteration to the exterior of the Premises nor the exterior of the building(s) on the Premises without Lessor's prior written consent. As used in this Paragraph 10.5, the term "Utility Installation" shall mean carpeting, window coverings, air lines, power panels, electrical distribution systems, lighting fixtures, space heaters, air conditioning, plumbing, and fencing. Lessor may require that Lessee remove any or all of said alterations, improvemants, additions or Utility Installations at the expiration of the term, and restore the Premises to their prior condition. Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's liens and to insure completion of the work. Should Lessee make any alterations, improvements additions or Utility Installations without the prior approval of Lessor, Lessor may require that Lessee remove any or all. off the same. 10.5.2 Procedure; Permits required. Any alterationt improvements, additions or Utility Installations in, or about the Premises in excess of $25,000 per alteration, improvement, or Utility Installation that Lessee shall desire to make and which requires the consent of the Lessor shall be presented to Lessor in written form, with proposed detailed plans. If Lessor shall give its consent, the consent shall be deemed conditioned upon Lessee acquiring a permit to do so form appropriate ClTY-JE2.LEA Page 8 CHURCH GROUND LEASE c:(;< -~ () governmental agencies, the furnishing of a copy thereof to Lessor prior to the commencement of the work and the compliance by Lessee of all conditions of said permit in a prompt and expeditious manner. 10.5.3 Mechanics and Materialmen's Liens. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in the Premises, which claims may be secured by any mechanics' or materialmen's lien against the Premises or any interest therein. Lessee shall give Lessor not less than ten (10) days' notice prior to the commencement of any work in the Premises, and Lessor shall have the right to post notices of non-responsibility in or on the Premises as provided by law. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Lessor or the Premises, upon the condition that if Lessor shall require, Lessee shall furnish to lessor a surety bond satisfactory to Lessor in an amount equal to such contested lien claim or demand indemnifying Lessor against liability for the same and holding the Premises free from the effect of such lien or claim. In addition, Lessor may require Lessee to pay Lessor's attorneys fees and costs in participating in such action if Lessor shall decide it is to its best interest to do so. 10.5.4 Title to Alterations. Unless Lessor requires their removal, as set forth in Paragraph 10.5.1, all alterations, improvements, additions and Utility Installations (whether or not such Utility Installations constitute trade fixtures of Lessee), which may be made on the Premises, shall become the property of Lessor and remain upon and be surrendered with the Premises at the expiration of the term. Notwithstanding the provisions of this Paragraph 10.5.4, Lessee's machinery and equipment, other than that which is affixed to the Premises so that it cannot be removed without material damage to the Premises, shall remain the property of Lessee and may be removed by Lessee subject to the provisions of Paragraph 10.2. . 11 : Damage or Destruction 11.1 Definitions. 11.1.1 "Insured Loss" shall herein mean damage or destruction which was caused by an event required to be covered by the insurance described in Paragraph 9. 11.2 Insured Loss. If at any time during the term of this Lease there is damage which is an Insured Loss, then Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equipment or tenant improvements unless the same have become a part of the Premises pursuant to Paragraph 10.5 hereof as soon as reasonably possible and this Lease shall continue in full force and effect. Notwithstanding the above, if the insurance proceeds received by the Lessor are not sufficient to effect such repair, Lessor shall give notice to Lessee of the amount required in addition to. the insurance proceeds to effect such repair. Lessee shall contribute the required amount to Lessor within ten days after Lessee has received notice from Lessor of the shortage in the insurance. When Lessee shall contribute such amount to Lessor, Lessor shall make such repairs as soon as reasonably possible and this CITY-JE2.LEA Page 9 CHURCH GROUND LEASE I '..~ .J ,;2';<-01/ »' . _ _ n'.___··.._~_·_______··~~___·____ " -_."---,_._---~------ Lease shall continue in full force and effect. Lessee shall in no event have any right to reimbursement for any such amounts so contributed. 11.3 Uninsured Loss. If at any time during the term of the Lease, there is damage which is not an Insured Loss, unless caused by a negligent or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), Lessor may at Lessor's option either (i) repair such damage . as soon as reasonably possible at Lessor's expense, in which event this Lease shall continue in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such 'damage of Lessor's intention to cancel and terminate this Lease, as of the date of the occurrence of such damage. In the event Lessor elects to give such notice of Lessor's intention to cancel and terminate this Lease, Lessee shall have the right within ten (10) days after the receipt of such notice to give written notice to Lessor of Lessee's intention to repair such damage at Lessee's expense, without reimbursement from Lessor, in which event this Lease shall continue in full force and effect, and Lessee shall proceed to make such repairs as soon as reasonably possible. If Lessee does not give such notice within such 1 O-day period this Lease shall be canceled and terminated as of the date of the occurrence of such damage. 11.4 Abatement of Rent; Lessee's Remedies. 11.4.1 In the event of damage described in either Paragraph 11.2 or 11.3, end . J Lessor or Lessee repairs or restores the Premises pursuant to the provisions of this Paragraph 11, the rent payable hereunder for the period during which such damage, repair or restoration continues shall be abated in proportion to the degree to which Lessee's use of the Premises is impaired. Except for abatement of rent, if any, Lessee shall have no claim against Lessor for any damage suffered by reason of any such damage, destruction, repair or restoration, unless such damage is the result of negligent or intentional actions of the Lessor. 11.4;2 If Lessor shall be obligated to repair or restore the Premises under the provisions of this Paragraph 11 and shall not commence such repair or restoration within 90 days after such obligations shall accrue, Lessee may, at Lessee's option, cancel and terminate this Lease by giving Lessor written notice of Lessee's election to do so at any time prior to the commencement of such repair or restoration. In such event this Lease shall terminate as of the date of such notice. 12: Real Property Taxes 12.1 Definitions 12.1.1 Real Property Tax As used herein, the term "real property tax" shall include any form of real estate tax or assessment, general, special, ordinary or extraordinary, and any license fee,commercial rental tax, improvement bond or bonds, levy or tax (other than inheritance, personal income or estate taxes) imposed on the Premises by any authority having the director indirect power to tax, including any city, state or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof, as against any legal or equitable interest of Lessor in the Premises or in the real property of which the Premises are a part, as CITY-JE2.LEA Page 1 0 CHURCH GROUND LEASE . c:2.,{'-;2;<' against Lessor's right to rent or other income therefrom, and as against Lessor's business of leasing the Premises. The term "real property tax" shall also include any tax, fee, levy, assessment or charge (i) in substitution of, partially or totally, any tax, fee, levy, assessment or charge hereinabove included within the. defir¡itior¡ of "real property tax," or (ii) the nature of which was hereinbefore included within the definition of "real property tax," or (iii) which is imposed for a service or right not charged prior to June 1, 1978, or, if previously charged, has been increased since June 1, 1978, or (iv) which is imposed as a result of a transfer, either partial or total, of Lessor's interest in the Premises or which is added to a tax or charge hereinbefore included within the definition of real property tax by reason of such transfer, or (v) which is imposed by reason of this transaction, any modifications or' changes hereto, or any transfers hereof. 12.2 Payment of Taxes. Lessee is a religious corporation and is entitled to a property tax exemption. Lessee will apply for a property tax exemption on the leased Premises. If, for any reason, Lessee shall not receive a tax exemption, then this Lease shall terminate at option of Lessee upon written notice to Lessor. If Lessee does not receive a tax exemption and elects not to terminate Lease pursuant to this paragraph, Les!;ee shall pay the real property tax, as defined herein, applicable to the Premises during the term of this Lease. All such payments shall be made at least ten (10) days prior to the delinquency date of such payment. Lessee shall promptly furnish Lessor with satisfactory evidence that such taxes have been paid. If any such taxes paid by Lessee shall cover any period of time prior to or after the expiration of the term hereof, Lessee's share of such taxes shall be equitably prorated to cover only the period of time within the tax fiscal year during which this Lease shall be in effect, and Lessor shall reimburse Lessee to the extent required. If Lessee shall fail to pay any such taxes, Lessor shall have the right to pay the same, in which case Lessee shall repay s\Jch amount to Lessor with Lessee's next rent installment together with interest at the maximum rate then fillowable by law. 12.3 Joint Assessment. If the Lessee does not receive a property tax exemption and elects not to terminate the Lease pursuant to Paragraph 12.2, and if the Premises are not separately assessed, Lessee's liability shall be an equitable proportion of the real property taxes for all of the land and improvements included within the tax parcel assessed, such proportion to be determined by Lessor from the respective valuations assigned in the assessor's work sheets or such other information as may be reasonably available. Lessor's reasonable determination thereof. in good faith, shall be conclusive. 12.4 Personal Property Taxes. 12.4.1 If the Lessee does not receive a property tax exemption and elects not to terminate the Lease pursuant to Paragraph 12.2, Lessee shall pay prior to delinquency all taxes assessed against and levied upon trade fixtures. furnishings. equipment and all other personal property of Lessee contained in the Premises or elsewhere. When possible, Lessee shall cause said trade fixtures, furnishings. equipment and all other personal property to be assessed and billed separately from the real property of Lessor. 12.4.2 If the Lessee does not receive a property tax exemption and elects not to terminate the Lease pursuant to Paragraph 12.2, and if any of Lessee's said personal CITY-JE2.LEA Page 11 CHURCH GROUND LEASE '] (' ,;2.ø? ,;2..3 /" -., '--'~~"--'~-'--'-----'----'----- __ ____'_.._ _,,~__.__.__ .""__..____.,_ m..'.'__._.____ _ ______..____ property shall be assessed with Lessor's real property, Lessee shall pay Lessor the taxes attributable to Lessee within 1 o days after receipt of a written statement setting forth the taxes applicable to Lessee's property. 12:.5 Possessory Interest Tax The provisions of this Lease may give rise to the creation of a possessory interest in Landlord-owned tax exempt land or improvements. If such a possessory interest is created by this Lease, it may be subject to property taxation pursuant to California Revenue and Taxation Code Sections 107, et seq., and the Tenant may be subject to the payment of property taxes levied on such interest. ·In such event, Tenant agrees to pay, or cause to be paid, when due any such possessory interest tax. This notice is given pursuant to Revenue and Taxation Code Section 107.6. 13: Utilities Lessee shall pay for all water, gas, heat, light, power, telephone and other utilities and services supplied to the Premises, together with any taxes thereon. If any such services are not separately metered to Lessee, Lessee shall pay a reasonable proportion to be determined by Lessor of all charges jointly metered with other premises. 14: Assignment and Subletting. 14.1 Lessor's Consent Required. Lessee shall not voluntarily or by operation of law assign, transfer, mortgage, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or in the Premises, without Lessor's prior written consent, which shall be granted or withheld in Lessor's sole discretion, unless such proposed transfer is to another Jehovah's Witnesses congregation, in which case Lessor's consent shall not be unreasonably withheld. Lessor shall respond to Lessee's request for consent hereunder in a timely manner and any attempted assignment, transfer, mortgage, encumbrance or subletting without such consent shall be void, and shall constitute a breach of this Lease. 14.2 No Release of Lessee. Regardless of Lessor's consent, no subletting or assignment shall release Lessee of Lessee's obligation or alter the primary liability of Lessee to pay the rent and to perform all other obligations to be performed by Lessee hereunder. The acceptance of rent by Lessor from any other person shall not be deemed to be a waiver by Lessor of any provision hereof. Consent to one assignment or subletting shall not be deemed consent to any subsequent assignment or subletting. In the event of default by any assignee of Lessee or any successor of Lessee, in the performance of any of the terms hereof, Lessor may proceed directly against Lessee without the necessity of exhausting remedies against said assignee. Lessor may consent to subsequent assignments or subletting of this Lease or amendments or modifications to this Lease with assignees of Lessee, without notifying Lessee, or any successor of Lessee, and without obtaining its or their consent thereto and such action shall not relieve Lessee of liability under this Lease. CITY-JE2.LEA Page 12 CHURCH GROUND LEASE c2:<-J-tj . 14.3 Attorney's Fees. In the event Lessee shall sublet the Premises or request the consent of Lessor to any subletting or if Lessee shall request the consent of Lessor for any act Lessee proposes to do then Lessee shall pay Lessor's reasonable attorney's fees incurred in connection therewith, such attorney's fee not to exceed $1,000 for each such request. 15: Defaults; Remedies. 15.1 Defaults. The occurrence of anyone or more of the following events shall constitute a material default and breach of this Lease by Lessee: 15.1.1 Abandonment. The vacating or abandonment of the Premises .by Lessee. 15.1.2 Failure to Pay Rent. The failure by Lessee to make any payment of rent or any other payment required to be made by Lessee hereunder, as and when due, where such failure shall continue for a period of fifteen (15) days after written notice thereof from Lessor to Lessee. In the event that Lessor serves Lessee with a Notice to Pay Rent or ~uit pursuant to applicable Unlawful Detainer statutes such Notice to Pay Rent or Ouit shall also constitute the notice required by this subparagraph. 15.1.3 Failure to Perform Other Obligations. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee, other than described in paragraph 15.1.2 above, where such failure shall continue for a period of 30 days after written notice hereof from Lessor to Lessee; provided, however, that if the nature of Lessee's default is such that more than 30 days are reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said 30-day period and thereafter diligently prosecutes such cure to completion. 15.1.4 Insolvency. 15.1.4.1 : The making by Lessee of any general arrangement or assignmant for the benefit of creditors; 15.1.4.2: Lessee becomes a "debtor" as defined in 11 U.S.C. Sec. 101 .or any successor statute thereto (unlass, in the case of petition filed against Lessee, the same is dismissed within 60 days); 15.1.4.3: the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where possession is not restored to Lessee within 30 days; or 15.1.4.4: the attachment, execution or other judicial seizure. of substantially all of Lessee's assets located at the Premises or of Lessee's interest in this Lease, where such seizure is not dischårged within 30 days. Provided, however, in the event that any provision of this paragraph 15.1.4 is contrary to any applicable law, such provision shall be of no force or effect. CITY-JE2.LEA Page 13 CHURCH GROUND LEASE -rd/ c:<:?-,;¿s- ..- --...-----.-.,-.-.'.'. ---.--..----..-,..-...-..... - - - .._--_._.._---_."._--~-- --~._--- · 15.1.5 The discovery by Lessor that any financial statement given to Lessor by Lessee, any assignee of Lessee, any subtenant of Lessee, any successor in interest of Lessee or any guarantor of Lessee's obligation hereunder, and any of them, was materially false. 15.2 Remedies. In the event of any such material default or breach by Lessee, Lessor may at any time thereafter, with written notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or breach: 15.2.1 Terminate Lease. Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. In such event Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Premises; expenses of necessary renovation and alteration of the Premises to restore to original condition pursuant to Paragraph 10.2; and reasonable attorney's fees; and the worth at the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Lessee proves could be reasonably avoided; 15.2.2 Keep Lease in Effect. Maintain Lessee's right to possession in which case this Lease shall continue in effect whether or not Lessee shall have abandoned the Premises. In such event Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover the rent as it becomes due hereunder. 15.2.3 Other Remedies. Pursue any other remedy now or hereafter available to Lessor under the laws or judicial decisions of the state wherein the Premises are located. Unpaid installments of rent and other unpaid monetary obligations of Lessee under the terms of this Lease shall bear interest from the date due at the maximum rate then allowable by law. 1 5.3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in no event later than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation; provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not be in default if Lessor commences performance within such 30-day period and thereafter diligently prosecutes the same to completion. 15.4 Late Charges. Lessee hereby acknowledges that late payment by Lessee to Lessor of rent and other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Lessor by the terms of any mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due from Lessee shall not be received by Lessor or Lessor's designee within ten (10) days after such amount shall be due, then, without any requirement for notice to Lessee, Lessee shall pay to Lessor a late charge equal to 4% of such overdue amount. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason CITY·JE2.LEA P.age 14 CHURCH GROUND LEASE ;<.? - .2. éø of late payment by Lessee. Acceptance of such late charge by Lessor shall in no event constitute a wavier of. Lessee's default with respect to such overdue amount, nor prevent Lessor from exercising any of the other rights and remedies granted hereunder. 16: Condemnation. If the Premises or any portion thereof are taken under the power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called "condemnation"), this Lease shall terminate as to the part so taken as of the date the condemning authority takes title or possession, whichever first occurs. If more than 25% of the land area of the Premises is taken by condemnation, Lessee may, at Lessee's option, to be exercised in writing only within ten (10) days after Lessor shall have given Lessee written notice of such taking (or in the absence of such notice, within ten (10) days after the condemning authority shall have taken possession) terminate this Lease as of the date the condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent shall be reduced in the proportion that the land .area taken bears to the total land area of the Premises. Any award for the taking of all or any part of the Premises under the power of eminent domain or any payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for diminution in value of the leaseholder or for the taking of the fee, or as severance damages; provided, however, to the extent any condemnation award specifically allocates the award thereto, or Lessor otherwise agrees to such an allocation, Lessee shall be entitled to any award for loss of or damage to Lessee's Improvements, trade fixtures and removable personal property to the extent such award does not exceed the reasonable replacement value thereof and any such allocation does not reduce Lessor's remaining award bene¡¡th the higher of the appraised value of the land portion of the Premises or the option price then in effect for Lessee's acquisition of the' Premises pursuant to Section 37. :.3 hereof. In the event that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of severance damøges received by Lessor in connection with such condemnation, repair øny dam¡¡ges to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed therefor by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair. 17: Broker's Fee. Each party represents and warrants to the other parties that no brokers, finders, or other agents have been engaged or retained by them in connection with this transaction, and that no brokerage fee, finder's fee, or other commission is or may be due as a result of the parties entering into this lease agreement. 18: Estoppel Certificate. 18:.1 Lessee shall at any time upon not less than ten (10) days prior written notice from Lessor execute, acknowledge and. deliver to Lessor a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date to which the rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to Lessee's knowledge, any uncured defaults on the part CITY-JE2.LEA Page 15 CHURCH GROUND LEASE ! i/ :J-7 _ ') '7 ..-----."-,,--.-------.- .._-"'-,,-----~- . - --- "------ " ------..------------- .....-..---,-..- of Lessor hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon, by any prospective purchaser or encumbrancer of the Premises. 18:.2 At Lessor's option, Lessee's failure to deliver such statement within such time shall be a material breach of this Lease or shall be conclusive upon Lessee (i) that this Lease is in full force and effect, without modification except as may be represented by Lessor, (ii) that there are no uncured defaults in Lessor's performance, and (iii) that not more than one month's rent has been paid in advance or such failure may be considered by Lessor as a default by Lessee under this Lease. 19: Severability . The invalidity of any provisions of this Lease as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. 20: Interest on Past-due Obligations. Except as expressly herein provided, any amount due to Lessor not paid when due shall bear interest at the maximum rate then allowable by law from the date due. Payment of such interest shall not excuse or cure any default by Lessee under this Lease, provided, however, that interest shall not be payable on late charges incurred by Lessee nor on any amounts upon which late charges are paid by Lessee. 21: Time of Essence. Time is of the essence. 22: Additional Rent. Any obligations to pay money of Lessee to Lessorunder the terms of this Lease shall be deemed to be rent. 23: Incorporation of Prior Agreements; Amendments. This Lease contains all agreements of the parties with respectto any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of the modification. Except as otherwise stated in this Lease, Lessee hereby acknowledges that neither the Lessor nor any employees or agents of any of said persons has made any oral or written warranties or representations to Lessee relative to the condition or use by Lessee of said Premises and Lessee acknowledges that Lessee assumes all responsibility regarding the Occupational Safety Health Act, the legal use and adaptability of the Premises and the . compliance thereof with all applicable laws and regulations in effect during the term of this Lease except as otherwise specifically stated in this Lease. 24: Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by certified mail, and if given personally or by mail, shall be deemed sufficiently given if addressed to Lessee or to Lessor at the address noted below the signature of the respective parties, as the case may be. Either party may by notice to the CITY-JE2.LEA Page 16 CHURCH GROUND LEASE ~~ . :2 R' other specify a different address for notice purposes. A copy of all notices required or permitted to be given to Lessor hereunder shall be concurrently transmitted to such party or parties at such addresses as Lessor may from time to time hereafter designate by notice to Lessee. 25: Waivers. No waiver by Lessor or any provision hereof shall be deemed a waiver of any other provision hereof or of any other provision hereof or of any subsequent breach by Lessee of the same or any other provision. Lessor's consent to, or approval of, any act shall not be deemed to render unnecessary. the obtaining of Lessor's consent to or approval of any subsequent act by Lessee. The acceptance of rent hereunder by Lessor shall not be a waiver of any preceding breæh by Lessee of any provision hereof, other than the failure of Lessee to pay the particular rent so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. 26: Recording. Either LesSor or Lessee shall, upon request of the other, execute, acknowledge and deliver to the other a "short form" memorandum of this Lease for recording purposes. 27: Holding Over. If Lessee, with Lessor's consent, remains in possession of the Premises or any part thereof after the expiration of the term hereof, such occupancy shall be a tenancy from month to month upon all the provisions of this Lease pertaining to the obligations of Lessee, but all options, rights of first refusal, and any obligation of Lessor to transfer title to Lessee, if any, granted under the terms of this Lease shall be deemed terminated and be of no further effect during said month to month tenancy. , 28: Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, whørever possible, be cumulative with all other remedies at law or in equity. 29: Covenants and Conditions. Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition, unless the context otherwise specifically provides. 30: Binding Effect; Choice of Law. Subject to any provisions hereof restricting assignment or subletting by Lessee, this Lease shall bind the parties, their personal representatives, successors and assigns. This Lease shall be governed by the .Iaws of the State of California. 31: Subordination. 31.1. This Lease, at Lessor's option, shall be subordinate to any prior ground lease, mortgage, deed of trust, or any other hypothecation or security now or hereafter placed upon the real property of which the Premises are a part and to any and all advances made on the CITY-JE2.LEA Page 17 CHURCH GROUND LEASE ¡i'Li' .,;ld2,-;)-'j ,~- ._----_..-.'-. -..-........--..-.--, --.----,~_."---_._-~---_._._..- , . security thereof and to all renewals, modifications, consolidations, replacements and extensions thereof. Such subordination shall not materially affect Lessee's right to Option to Purchase pursuant to Paragraph 37. Notwithstanding such subordination, Lessee's right to quiet possession of the Premises shall not be disturbed if Lessee is not in default and so long as Lessee shall pay the rent and observe and perform all of the provisions of this Lease, unless this Lease is otherwise terminated pursuant to its terms. If any mortgagee, trustee or ground lessor shall elect to have this Lease prior to the lien of its mortgage, deed of trust or ground lease, and shall give written notice thereof to Lessee, this Lease shall be deemed prior to such mortgage, deed of trust, or ground lease, whether this Lease is dated prior or subsequent to the date of said mortgage, deed of trust or ground lease or the date of recording thereof. 31.2. Lessee agrees to execute any documents required to effectuate an attornment, a subordination or to make this Lease prior to the lien of any mor\gage, deed of trust or ground lease, as the case may be. Lessee's failure to execute such documents within 10 days after written demand shall constitute a material default by Lessee hereunder, or, at Lessor's option, Lessor shall execute such documents on behalf of Lessee as Lessee's attorney-in-fact. Lessee does hereby make, constitute and irrevocably appoint Lessor as Lessee's attorney-in-fact and in Lessee's name, place and stead, to execute such documents in accordance with this subparagraph. 32: Attorney's Fees. If either party or the broker named herein brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in any such action, on trial or appeal, shall be entitled to his reasonable attorney's fees to be paid by the losing party as fixed by the court. 33: Lessor's Access. With prior written notice, except in emergency situations where it is determined by the Lessor that such notice is not feasible, Lessor and Låssor's agents shall have the right to enter the Premises at reasonable times for the purpose of inspecting the same and making such alterations, repairs, improvements or additions to the Premises as Lessor may deem necessary or desirable. Lessor may have access under the above conditions to show the Premises to prospective purchasers, lenders, or lessees during the last 180 days of the term hereof. Lessor may place on or about the Premises any ordinary "For Sale" signs or "For Lease" signs at any time during the last 120 days of the term hereof, all without rebate of rent or liability to Lessee. 34. Merger. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, or a termination by Lessor, shall not work a merger, and shall, at the opinion of Lessor, terminate all or any existing subtenancies or may, at the option of Lessor, operate as an assignment to Lessor of any or all of such subtenancies. 35: Consents. Wherever in this Lease the consent of one party is required to an act of the other party such consent shall not be unreasonable withheld. CITY,JE2.LEA Page 18 CHURCH GROUND LEASE 0101-30 36: Quiet Possession. Upon Lessee agreeing to paying the rent for the Premises and observing and performing all of the covenants, conditions and prov.isipns 9n Lessee's part to be observed and preformed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof subject to all of the provisions of this Lease. The individuals executing this Lease on behalf of Lessor represeot and warrant to Lessee that they are fully authorized and legally capable of executing this Lease on behalf of Lessor and that such execution is binding upon all parties holding an ownership interest in the Premises. 37: Options. 37.1 Definition. As used in this paragraph the word "Options" has the following meaning: (1) the right or option to extend the term of this Lease or to renew this Lèase or to extend or renew any , lease that Lessee has on other property of Lessor; (2) the option or right of first refusal to lease the Premises or the right of first offer to lease the Premises or the right of first refusal to lease other property of Lessor or the right of first offer to lease other property of Lessor; (3) the right or option to purchase the Premises, or the right of first refusal to purchase the Premises, or the right of first offer to purchase the Premises or the right or option to purchase other property of Lessor, of the right of first refusal to purchase other property of Lessor or the right of first offer to purchase other property of Lessor. 37.2 Limited Options Assignable. The Options herein granted to Lessee are assignable, but only coincident with an approved assignment of this Lease pursuant to Section 14 hereof. 37:.3 Option to Purchase 37:.3.1 Term of Years 1-5 During Years 1-5 of this Lease, Lessee shall have an option to purchase the Premises on the following terms: The purchase price for the Premises shall be Three Hundred Eighty Thousand and No!100 Dollars ($380,000.00). Commencing with the first rental payment of $2,100, $1,500 of every monthly rental payment shall be applied toward the purchase price. 37:.3.2 Term of Years 6-10 During Years 6-1 0 ofthis Lease, Lessee shall have the option to purchase the Premises on the following terms: The purchase price for the Premises shall be Four Hundred Seventy- Five Thousand and No!1 00 Dollars ($475,000.00). Commencing with the first rental payment of $3,000, $2,000 of every rental payment shall be applied toward the purchase price. 37:.3.3 Term of Years 11-15 During Years 11-15 of this Lease, Lessee shall have an option to purchase the Premises on the following terms: Commencing with the first monthly rental payment of $4,000, $3,000 of every monthly rental payment shall be applied toward the purchase price. CITY-JE2.LEA Page 1 9 CHURCH GROUND LEASE - c, " ~;¿ -.5/ ~ ".---.--.-------- - --- -"---------------- "-"'- 37.4 Effect of Default on Options. 37.4.1 Lessee or any assignee thereof shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary, during the period of time commencing on the day after a monetary obligation to Lessor is due from Lessee and unpaid (without any necessity for notice thereof to Lessee) until the obligation is paid. 37.5 Additional Credit Towards Purchase Price If Option Exercised in Years 1-5. As a condition to development of its church at the Premises, in accordance with applicable federal, state and loca,l laws and regulations, Tenant is required to mitigate for any negative impacts such development will generate with respect to coastal sage scrub or other protected habitat at the Premises. Provided that Tenant satisfies this obligation, all out of pocket, direct costs incurred by Tenant in the satisfaction of such obligation, up to $35,000, subject to Landlord's reasonable review and approval, shall be applied to the purchase price for the Premises in the event that Tenant exercises its right to acquire the Premises hereunder within the first five years of this Lease. In the event that Tenant fails to exercis¡¡ its purchase option hereunder within the first five years of this Lease, no such monies shall be applied towards the purchase price in the event that Tenant subsequently exercises its purchase rights. 38: Exercise of Option. Tenant shall be deemed to have exercised its purchase option right hereunder upon taking the following actions: (a) delivery of written notice to Landlord indicating Tenant's intent to exercise its purchase option right; execution of a formalized purchase agreement in a form approved by Landlord for the acquisition of the Premises; and (c) deposit with Landlord or an escrow approved by Landlord 100% of the purchase price set forth herein necessary to purchase the Premises. The formalized purchase agreement shall include the basic terms for purchase set forth herein and such other commercially reasonable terms reasonably agreed upon by the parties. The agreement shall also include Tenant's acknowledgement that Tenant shall be acquiring the Premises in an "as is· condition with no representations or warranties by Landlord with respect thereto. 38. Security Measures. Lessee hereby acknowledges that the rental payable to Lessor hereunder does not include the cost of guard service or other security measures, and that Lessor shall have no obligation whatsoever to provide same. Lessee assumes all responsibility for the protection of Lessee, its agents and invitees from acts of third parties. 39: Easements. Lessor reserves to itself the right, from time to time, to grant such easements, rights and dedications that Lessor deems necessary or desirable, and to cause the recordation of Parcel Maps and restrictions, so long as such easements, rights, dedications, Maps and restrictions do not unreasonably interfere with the use of the Premises by Lessee or materiallY affect the Lessee's right to exercise its Option to purchase pursuant to Section 37 and provided that Lessee approves same, such approval not to be unreasonably withheld or delayed.. Lessee shall sign any of the aforementioned documents upon request of Lessor and failure to do so shall constitute a material breach of this Lease. CITY-JE2.LEA Page 20 CHURCH GROUND LEASE ;J.j. ~ 1 ;L. 40: Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by one party to the other under the provisions her~of, .tl:1e party against whom the obligation to pay the money is asserted shall have the right to 'make payment "under protest" and such payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such sum. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or any part thereof, said party shall be entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease. 41 : Authority. If Lessee is a corporation, trust, or general or limited partnership, each individual executing this Lease on behalf of such entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said entity. If Lessee is a corporation, trust or partnership, Lessee shall, within thirty (30) days after execution of this Lease, deliver to Lessor evidence of such authority satisfactory to Lessor. 42: Conflict. Any conflict between the printed provisions of this Lease and the typewritten or handwritten provisions shall be controlled by the typewritten or handwritten provisions. (End of Page. Next Page is Signature Page) CITY-JE2.LEA Page 21 CHURCH GROUND LEASE ( -,.) J .),:;2, - 33 --- .-.-.-.. _.~.---_.~-.-_.- .-._---_..._-~. ---_.__.._+~---"--- .-~---- Signature Page to LEASE FROM CITY TO CHULA VISTA CONGREGATION OF JEHOVAH'S WITNESSES OF PROPERTY IDENTIFIED AN ASSESSOR'S PARCEL NUMBER 592- 192-17, dated , 1994 for the purposes of reference. Lessor and Lessee have carefully read and review.ed this lease and each of term and provision contained herein and, by execution of this lease, show their informed and voluntary consent thereto. The parties hereby agree that, at the time this lease is executed, the terms of this lease are commercially reasonable and effectuate the intent and purpose of Lessor and Lessee with respect to the Premises. Dated: Chula Vista Congregation of Jehovah's Witnesses ,1994 by: ,1994 by: [Print Name and Title} ,1994 by: by: [Print Name and Title] · CITY OF CHULA VISTA ,CALIFORNIA, A MUnicipal Corporation ,1994 by: Shirley R. Horton, its Mayor Attest: · City Clerk Approved as to form: Bruce M. Boogaard, -City Attorney · CITY-JE2.LEA Page 22 CHURCH GROUND LEASE ~;;, -34 /;;¿. ¥ Exhibit A . Legal Description of Subject Property Þ.:< --as - . ._-_.._---_._._-,-"...,-~----- --,._-..._._-,--"._~ · ~ FJE Clank! , ~-:J-~I.Þ AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA CONGREGATION OF JEHOVAH'S WITNESSES INC. THIS AGREEMENT, dated this 20th day of December, 1994, by and between the CITY OF CHULA VISTA, a chartered municipal corporation ("City"), and CHULA VISTA CONGREGATION OF JEHOVAH'S WITNESSES INC. ("Congregation"l, intending to do business at Terra Nova Drive and East H Street, Chula Vista, CA. ("Site"), is made with reference to the following facts: 1. Congregation proposes development at Site which would be subject to the City's Transportation DIF and the City's Sewer Participation Fee. For purposes of reference only, effective January 1, 1995, the Transportation DIF would be $ 24.148 and the Sewer Participation Fee would be $ 11.000. 2. Congregation is requesting deferral of said fees in order to made the development at Site financially feasible, said deferral being in recognition of Congregation's commitment to· providing volunteer skilled labor on City public works projects to be determined in the future by the City and the Congregation. 3. City is currently evaluating its policy of charging churches for development fees and exploring the concept of waiving or developing such fees for churches in exchange for specific public non-monetary contributions by churches. 4. City is willing to defer the fees as requested by the Congregation and accept Congregation's offer of volunteer labor, pending the conclusion of the City's evaluation of the policy regarding charging churches for development fees, said deferral being subject to the terms and conditions set forth below. NOW, THEREFORE, THE PARTIES HERETO DO HEREBY AGREE AS FOLLOWS: 1. Congregation agrees to pay ten percent (10%) of the total of the Transportation DIF and the Sewer Participation Fee due on the development proposed on Site prior to the issuance of any building permit for the development. ·2. Congregation agrees to pay the entire remaining balance of the deferred fee total over the next fifteen (151 years from the date of the initial payment in equal payments of principal plus interest at the rate of ..IÍ1L percent ( 6%1 per annum on the then outstanding and unpaid remaining balance due at the time principal payment is ·made, which shall be on the anniversary of the effective date of this agreement. Notwithstanding the forgoing, in the event that Church excuses its purchase option pursuant to Section 37 of that certain lease by and between City and Church with respect to Assessor's Parcel No. . the entire remaining balance of the deferred fee total then outstanding shall be fully due and payable at the close of escrow for such purchase. 3. Notwithstanding any provision is this Agreement to the contrary, church agrees to be bound by any change in the laws, rules, regulations or policies regarding the payment of the Transportation DIF or other fees by churches as the City may establish within the next six months even if this results in an acceleration or other modification of church's payment obligations as otherwise set forth herein. 4. In the event that there is a dispute arising over the interpretation of this agreement, the parties agree to meet and confer and if such process leads to an impasse, to non-binding arbitration pursuant to the rules of the American Arbitration Association, prior to instituting litigation. In the event that such arbitration proceeding does not resolve the dispute, or if for any f ,11D !-¡ 'cA' d!)" -3 7 .--.-..-----.'-.-- u..___ --.---.'"- ---- .._-~~-_..~--,._----_._"... ----- other reason" it is necessary to incur legal fees in order to enforce a right or privilege created by this agreement, the prevailing party shall be entitled to attorneys fees and costs. 5. Within 30 days of its execution of file Agreement execute a promissory note in a form approved by the City Attorney in order to further evidence Church's payment obligations hereunder. THE CITY OF CHULA VISTA CHULA VISTA CONGREGATION OF JEHOVAH'S WITNESSES, INC. Shirley R. Horton, Mayor Approved as to form Bruce M. Boogaard City Attorney cJ,J,-3f? í . ~. " ". ~ - .:- . \. ATTACHMENT A 4 t:- . ~" ~ 1 ..... ... .. . ..,. .' C ;. . "'of . 0 \ \ . ~"r( t' .' coJ. \!\." C." ( .. .., , -. , . . . '. ! --~... .~ I. t - Lt"; ~ ~~.-~ 1) ~ "\ \-\? ' \,C .¡ \ :. ;\ ) I :JI'ziA ~£ ¡;.~! , ~~_ ýô ATTACHMENT B Page 8 Report on Palomar Trolley Center April 13, 1993 , . Predominant building materials are stucco and standing seam metal panels, the wall color palette consists of four earth tone colors, and the roof metal sections are forest green. At the meeting of April 13, staff will provide a graphic overview of the project. The DDA, in Section A.l.g requires as preparatory events, the Agency approval of a "Scope of. Development" and a "Schedule of Completion". Those documents are attached to Resolution E and incorporated therein. The "Scope of Development" is consistent with the project approved by the DRC. The "Schedule of Completion" is consistent with the terms of the DDA. An issue has arisen which could have a significant impact on both the design and the economics of the project. That issue is the potential creation of a ·Price Club" access from Palomar Street north to the Price Club Store. Such an access would require a signalized intersection at Palomar and necessitate the relocation of the signalized MTDB trolley station access to go through the Palomar Trolley Center project and align with the proposed north access street. The Agency should be aware that staff, Sunbelt, Price Club, and MTDB are meeting to assess the implications. As indicated in Table 1 above, a condition precedent to the execution of the DDA by the Agency ( is, the acquisition of all necessary parcels for the development by the Developer or by the Agency (parcels 1 thru 10). As further indicated, those acquisitions that remained incomplete were the three parcels which were subject to the above recommended resolutions of necessity (Parcels 6, 7, and 9) and Parcel 10. Further discussion is necessary regarding the DeVeloper's acquisition of Parcel 10. DDA Parcel 10 (APN #622"()3D-25) has a gross area of 1.05 acres and a net usable square footage of 35,108. It is owned by the Chula Vista Congregation of Iehovah Witnesses. It is improved with a church of 3,660 sq. ft. The property and improvements were appraised by the Lee Iohnson Company on December 4, 1992, at $360,000. Relocation benefits to the church . have been preliminarily estimated at $25,000. . Staff has participated with the Developer and the Iehovah Witness Church in extensive negotiations to effect the purchase and relocation of the church. It is the desire of the church to be rel<?C8-ted to the 1.51 acre site owned by the City at East H Street and Ridgeback Road (see map, Attachment 2). That site, originally acquired by the City for a fire station, which was subsequently located in Ranch~ del Rey, was appraised by the Lee Iohnson Company on December 8, 1992, at a fair market value of $500,000 based on a highest andbest use of office commercial. The following purchase and relocation arrangement has been negotiated between the Developer, the church and the Agency and is offered to the City/Agency for consideration: ( A. The Developer. would buy the Iehovah Witness church property for $400,000 including relocation benefits. ~é). .. If I '1/i " ,',,^ - ~--_.._..._-,- -------- -~--_.._._._----_._- Page 9 Report on Palomar Trolley Center April 13, 1993 B. The City would lease the Ridgeback site to the church for 15 years, with an option to purchase, under the following terms: . Years 1 thru 5 · Monthly lease payment of $2,000.00, 'of which $1,500.00 would apply to purchase price if option exercised. · Purchase price of $375,000. . Years 6 thru 10 .. Monthly lease payment of $3,000.00, of which $2,000.00 would apply to purchase price if option exercised. · Purchase price of $500,000. . Years 11 thru 15 · Monthly lease payment of $4,000.00, of which $3,000.00 would apply to purchase price if option exercised. . . · Purchase pri~ at appraised market value. C. In addition, the City would waive processing and development fees for a church building of approximately 5,000 sq. ft., estimated at approximately $60,000. This fee waiver would be credited as part of any Agency contribution to the sharing of costs between the Agency and the Developer for total acquisition costs of parcels 4 thru 10 which exceed $8.50 per sq. ft. D. The Developer would pay the City $125,000 cash to offset potential loss on the Ridgeback sale during the first five years of lease ($500,000 appraised value; church, buys property for $375,000; Developer has paid City $125,000).' This payment would be included in the total acquisition cost calculation that deteImines the Agency's and Developer's cost sharing over $8.50 per sq. ft. in the aggregate for parcels 4 thru 10. E. This arrangement would be conditioned on the church obtaining a Generil1 Plan Amendment, a Spa Plan Amendinent. and a ~nditional Use Permit which would allow the church use 'on the Ridgeback site. Staff supports the conditions of the Ridgeback lease purchase arrangement with the chuÌ'ch to . . effectuate the sale and relocation of the existing Jehovah Witness Church. The church appears to be an appropriate use of the site, subject to subsequent environmental and land use analysis. In the current development market, i~ is not expected that other more financially favorable uses of the property exist. Through a combination ·of Developer payment to the City, lease payment, . C<~... LJ.2- Page 10 Report on Palomar Trolley Center . April 13, 1993 / ( and expected exercise of the purchase option by the church, the City would receive full value for the site, and the resultant relocation would clear the way for development of a strong revenue-producing Palomar Trolley Center. If the Agency feels that, subsequently, acting as the City Council, they would be unlikely to approve a lease purchase agreement Structured as described above, then it would be inappropriate at this time to execute the Disposition and Development Agreement. 5. rCOUNCIUAGENCY JOINT MEETINGl Conduct Section 33431 and 33433 Hearin~s. Council adont Resolution F. A~encv adont Resolution G~ . The California Health and Safety Code requires that public hearings be conducted by the Legislative body (Council) when Agency property is being disposed of without public bidding (Section 33431) and when the property was purchased with tax increment funds (Section 33433), Parcels 6,7;9, which are the subjects of the above resolutions of necessity, are the properties to be conveyed to the Developer under the terms of the DDA and subject to the public hearing requirement. These public hearings were noticed in the Star News for two weeks prior to this meeting and the attached reports (Attachments 3,4,and S), as required by law, were made available to the public. The Section 3343.1 hearing should establish that the subject properties were purchased by the ( Agency solely to convey to the Developer under the tenns of the DDA to eliminate existing blight and allow the development of the shopping center. Therefore, there is no benefit or practicality to disposing of the properties through public bidding. The Section 33433 hearing should establish that the subject properties would be conveyed to the Developer at fair market value. Although the acquisition of the properties through eminent domain will actually be paid for by the Developer's deposit, the 33433 hearing is being conducted in case excess costs arise wlúch need to be shared between the Developer and the Agency, the Agency portion of which might come from Agency tax increment funds.' Subsequent to the 33433 public hearing, both the City Council and the Agency need to adopt resolutions wlúch approve the sales of these properties and establish that those sales are at fair market value. 6. rAGENCYl APPROVE AMENDED DDA FOR THE PALOMAR TROLLEY CENTER (RESOLUTION ID. All of the previous actions have pertained to the IS-acre, approximately 160,000 square foot center, addressed in the original DDA approved on November 10, 1992. However, this action addresses a proposed AMENDED DDA wlúch will accomplish the following: . It would add.an approximately 3-acre area, the comer of Broadway and Palomar. ( This addition was always contemplated by the Developer for inclusion in the Project and was included as Phase II in the Project EIR (FEIR 91-02). It was discussed with the Agency at the November 10, 1993 meeting. It would entail approximately 23,000 additional square feet of retail space. (, .2~ - 't.3 . J -~",-,._,."..."---_._._- ._ ·__.·_.,___,.·__..~__M_..._...,__ _.____._ ....,. ___ __ _ ___"_____..__ ---- ) fJI!zu ~£ CU! , . - ~~,. ~v- COUNCIL AGENDA STATEMENT Item ~ Meeting Date 12/20/94 ITEM TITLE: Resolution J777~ Reappropriating $165,000 from STL-221, the 1994-95 Pavement Overlay Project, to STL-206, the 1993-94 Pavement Overlay Project SUBMITTED BY: orkf ~ REVIEWED BY: City Manager (4/5ths Vote: Yes X No_) The 1993-94 overlay project was th argest overlay program done in the City's history. The contract was awarded to Sim J. Harris Co. in the amount of $1,457,132. Council authorized staff to expend the remaining amount, approximately $197,000, for additional quantities and streets. It was staffs intention that the project would expend only the funds available. However, due to three major factors that combined to increase the contract, there was a cost over run and additional funds have to be appropriated. Staff is finalizing the report. RECOMMENDATION: That Council continue this item to January 10, 1995. m :\home\engineer\94ovly . con .13 - / i /!li¡) ~/)\' , _·'·_·_·_~·__·_,__,·.m~·__~~_ __ _ __ ,...'_._ _. -.. _ _______._______._._. .'.. - .--.---.---.--..--.....-....... ._...__..__.,.,~._~---_.- -- --_. --...--.-,,--.-