HomeMy WebLinkAboutAgenda Packet 2005/02/01
CITY COUNCIL AGENDA
February 1, 2005 4:00 p.m.
Council Chambers
Public Services Building
276 Fourth Avenue, Chula Vista
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CllY OF
CHUlA VISTA
City Council City Manager
Patty Davis David D. Rowlands, Jr.
John McCann City Attorney
Jerry R. Rindone Ann Moore
Steve Castaneda City Clerk
Stephen C. Padilla, Mayor Susan Bigelow
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The City Council meets regularly on the first calendar Tuesday at 4:00 p.m.
and on the second, third and fourth calendar Tuesdays at 6:00 p.m.
Regular meetings may be viewed at 7:00 p.m. on Wednesdays on
Cox Cable Channel 24 or Chula Vista Cable Channel 68.
Agendas are available on the City's website at:
www.chulavistaca.gov
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AGENDA
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the .
Office of the City Clerk and that I posted this
document on the bulletin board according to
'3rown Act requirements. 0~
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.,....,.,rj / /J -d/O..r Signed 4:00 P M
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February 1, 2005
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY ASSISTANT CITY MANAGER PALMER OF THE
EMPLOYEE OF THE MONTH, JOY WHATLEY, CIRCULATION SUPERVISOR -
LIBRARY
. OATH OF OFFICE: JOANNE CLAYTON, MOBILEHOME RENT REVIEW
COMMISSION
· INTRODUCTION BY FIRE CHIEF PERRY AND DEPUTY CHIEF PETER OF NEW
AND RECENTLY PROMOTED FIRE DEPARTMENT EMPLOYEES
· PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA AND
RECOGNITION BY DEPUTY CHIEF PETER COMMENDING JOE KELLEJIAN,
REGIONAL MANAGER, ECOLOGY AUTO CENTER, FOR CONTINUOUS
SUPPORT OF THE FIRE DEPARTMENT
· INTRODUCTION BY POLICE CHIEF EMERSON OF TWO RECENTLY HIRED
LATERAL POLICE OFFICERS, ISAAC BURRUEL AND BRADLEY WENTZEL
CONSENT CALENDAR
(Items 1 through 7)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public, or
City staff requests that an item be removed for discussion. If you wish to speak on
one of these items, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the
Consent Calendar will be discussed after Action Items.
1. APPROVAL OF MINUTES of January 11 and January 25, 2005.
Staff recommendation: Council approve the minutes.
2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTERS.
8.24 AND 8.25 TO CONFORM LANGUAGE RELATING TO SOLID WASTE,
LITTER, AND RECYCLING, AND THE IMPLEMENTATION OF A VARIABLE
RATE STRUCTURE (SECOND READING)
Page 1 - Council Agenda
February 1,2005
The Council approved the implementation of a variable rate structure/unit pricing for
small quantity generators and rate structure modifications for large quantity generators
that encouraged waste reduction and provided recycling incentives. The implementation
of these programs prompted the need for minor conforming modifications to Municipal
Code Chapters 8.24 and 8.25 relating to solid waste, litter and recycling. This ordinance
was introduced on January 25, 2005. (Director of Conservation and Environmental
Services)
Staff recommendation: Council adopt the ordinance.
3. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 19.58.340 TO
REGULATE THE SPACE ALLOCATED FOR THE TEMPORARY STORAGE,
COLLECTION, AND LOADING OF RECYCLABLE MATERIALS AND SOLID
WASTE IN DEVELOPMENT PROJECTS (SECOND READING)
The proposed ordinance regulates the location and design of areas dedicated to the
temporary storage, collection and loading of recyclable materials and solid waste
associated with new construction projects and subdivisions. Adoption of the regulations
brings the City into compliance with State law. This ordinance was introduced on January
25,2005. (Director of Conservation and Environmental Services)
Staff recommendation: Council adopt the ordinance.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE FISCAL YEAR 2005 LIBRARY DEPARTMENT BUDGET BY
APPROPRIATING A ONE-TIME UNANTICIPATED DONATION IN THE AMOUNT
OF $5,000 (4/5THS VOTE REQUIRED)
Since July 1, 2004, the Library Department has received donations ITom various
organizations and individuals for the purchase of new books to add to the library's
collection. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $485,000 FROM THE AVAILABLE BALANCE OF THE
GENERAL FUND TO THE PUBLIC LIABILITY EXPENSE BUDGET TO COVER
ANTICIPATED COSTS AND EXPENSES RELATED TO CURRENT PUBLIC
LIABILITY CLAIMS THROUGH THE END OF THE FISCAL YEAR (4/5THS VOTE
REQUIRED)
The City's budget includes funds to defend and pay settlements on claims against the
City based on typical claims activity. Depending upon the number and the complexity of
claims received, the cost to defend or settle them may exceed the costs anticipated during
budget preparation. Such is the case this fiscal year. This appropriation will cover
currently known claims expenses through the end of the fiscal year. (Director of Human
Resources, City Attomey)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda February 1,2005
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6A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING AN ANNEXATION MAP SHOWING TERRITORY PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT) AND IMPROVEMENT AREA A THERETO
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING ITS INTENTION TO AUTHORIZE THE ANNEXATION OF
TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT) AND IMPROVEMENT AREA A THERETO
McMillin Otay Ranch, LLC has requested the annexation of territory into Improvement
Area A of Community Facilities District No. 97-2 (CFD 97-2.) CFD 97-2 was formed in
1998 and funds the maintenance of areas that have been conveyed to the preserve in
accordance with the Otay Ranch Resource Management Plan. Adoption of the
resolutions initiates the formal proceedings for the annexation of Village 12 to CFD No.
97-2, Improvement Area A. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolutions.
7 A. REPORT ON THE APPLICATION FOR THE FORMATION OF COMMUNITY
FACILITIES DISTRICT NO. 13-1 (OTA Y RANCH VILLAGES TWO AND SEVEN)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE
FORMATION OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13-I
(OTA Y RANCH VILLAGES TWO AND SEVEN) FOR A PORTION OF VILLAGE
SEVEN OF THE OTAY RANCH, AND APPROVING THE FORM OF A
REIMBURSEMENT AGREEMENT WITH OT A Y PROJECT, LP
Otay Project, LP submitted an application for establishing Community Facilities District
No. 13-I (CFD 13-I) to fund the acquisition or construction of certain public
improvements serving Chula Vista and development improvements serving the Otay
Project, LP. properties in the amount of approximately $100 million. Adoption of the
resolution initiates the formal proceedings for the proposed CFD 13-1. (Director of
General Services, City Engineer)
Staff recommendation: Council accept the report and adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
Page 3 - Council Agenda February 1, 2005
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PUBLIC HEARING
The following item has been advertised as a public hearing as required by law. If
you wish to speak on this item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
8. CONSIDERATION OF APPROVAL OF A TENTATIVE MAP TO SUBDIVIDE 6.95
ACRES AT 1441 SANTA LUCIA ROAD INTO ONE-LOT CONDOMINIUM
PARCEL CONTAINING 168 RESIDENTIAL UNITS (APPLICANT: LYON OTAY
RANCH, LLC)
Lyon Otay Ranch submitted an application for a tentative subdivision map to convert an
existing 168-unit apartment complex to 168 condominium units for individual ownership.
The 6.95-acre project site is located at 1441 Santa Lucia Road in Village One (Heritage)
of the Otay Ranch. (Director of Planning and Building)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AND ESTABLISHING CONDITIONS OF A TENTATIVE MAP
TO SUBDIVIDE 6.95 ACRES AT 1441 SANTA LUCIA ROAD INTO A ONE-
LOT CONDOMINIUM TENTATIVE SUBDIVISION MAP CONTAINING 168
RESIDENTIAL UNITS
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council, and are expected to elicit discussion and deliberation. if you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
9. CONSIDERATION OF APPROVAL OF APPROPRIATION OF FUNDS FOR THE
PURCHASE OF ISTREETVIEW SOFTWARE
iStreetView software is a street-level image set that provides a web-based viewer,
permitting city staff to simulate navigating streets. Adoption of the resolution approves
the appropriation of $30,000 for the procurement of the imagery and software program.
(Director of Management and Information Services, Director of General Services,
Director of Public Works Operations, Director of Planning and Building, Fire Chief)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE APPROPRIATION OF ADDITIONAL FUNDS TO THE
GIS-ORTHOPHOTOGRAPHY/TOPOGRAPHY PROJECT (GG183) FROM
THE AVAILABLE BALANCE OF THE TRANSIT CAPITAL FUND FOR THE
PROVISION OF PROCURING THE ISTREETVIEW IMAGERY AND
SOFTWARE PROGRAM (4/5THS VOTE REQUIRED)
Page 4 - Council Agenda February I, 2005
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10. CONSIDERATION OF APPROVAL OF AGREEMENTS WITH STRATUS, A
DIVISION OF THE JCM GROUP, FOR THE FORMALIZATION OF CHARTER
UNIVERSITY PARTNERS; AND WITH BMS FOR THE DEVELOPMENT OF A
FRAMEWORK LAND USE STRATEGY AND THE DEVELOPMENT OF A·
PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK
In November 2003, the City Council/Staff University Working Group selected a team of
consultants, led by Stratus, to develop a higher education recruitment strategy.
Subsequently, the working group requested that the Stratus team present a Phase II
planning approach. Adoption of the resolution approves an agreement with Stratus to
accomplish specific tracks of the planning approach, and with BMS to develop a land use
strategy and preliminary campus plan concept for the University Park. (Director of
Community Development)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING AGREEMENTS WITH STRATUS, A DIVISION OF THE JCM
GROUP, FOR THE FORMALIZATION OF CHARTER UNIVERSITY
PARTNERS AND THE DEVELOPMENT OF KEY COLLABORATION,
BUSINESS AND ACADEMIC PLANS BETWEEN AND AMONG THOSE
PARTNERS; AND WITH BMS FOR THE DEVELOPMENT OF A
FRAMEWORK LAND USE STRATEGY AND THE DEVELOPMENT OF A
PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK;
AND APPROPRIATING $843,829 FROM THE AVAILABLE FUND
BALANCE OF GENERAL FUND FOR THE PERFORMANCE OF THESE
TASKS (4/5THS VOTE REQUIRED)
ITEMS PULLED FROM THE CONSENT CALENDAR
OTHER BUSINESS
11. CITY MANAGER'S REPORTS
12. MAYOR'S REPORTS
13. COUNCIL COMMENTS
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957. 7).
14. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. City ofChula Vista v. Evanston Insurance Co (SDSC #GIC818513)
B. City ofChula Vista v. SANDPIPA
ADJOURNMENT to the Regular Meeting of February 8, 2005, at 6:00 p.m. in the Council
Chambers.
Page 5 - Council Agenda February 1, 2005
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
January 11, 2005 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone, and
Mayor Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
· INTRODUCTION BY BUCK MARTIN, DIRECTOR OF RECREATION, OF THE
EMPLOYEE OF THE MONTH, ROSEMARY BRODBECK, RECREATION
SUPERVISOR II
Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Rosemary
Brodbeck. Recreation Director Martin expressed pleasure in having Rosemary on his team.
· RECOGNITION BY POLICE CHIEF EMERSON OF RECENTLY PROMOTED
LIEUTENANTS, SCOTT ARSENAULT AND LON TURNER, AND RECENTLY
PROMOTED SERGEANTS CARLOS VALDIVIA AND ERIC THUNBERG
Police Chief Emerson introduced recently promoted Lieutenants Arsenault and Turner and
recently promoted Sergeants Valdivia and Thunberg. He then presented each with their new
badge. Mayor Padilla thanked the officers for their years of service and dedication.
· PRESENTATION BY MAYOR PADILLA TO FINANCE DIRECTOR, MARIA
KACHADOORIAN, OF A CERTIFICATE OF AWARD FROM THE CALIFORNIA
SOCIETY OF MUNICIPAL FINANCE OFFICERS FOR OUTSTANDING
FINANCIAL REPORTING FOR 2002-2003 AND A CERTIFICATE OF
ACHIEVEMENT FROM THE GOVERNMENT FINANCE OFFICERS
ASSOCIATION OF THE UNITED STATES AND CANADA FOR EXCELLENCE IN
GOVERNMENT ACCOUNTING AND FINANCIAL REPORTING
Finance Director Kachadoorian explained the significance of the awards, and Deputy Mayor
Davis presented her with the awards for outstanding financial reporting.
Page 1 - Council Minutes Iff January 11, 2005
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SPECIAL ORDERS OF THE DAY (Continued)
. PRESENTATION BY JOHN ISON, ENGINEER/POLLUTION PREVENTION
SPECIALIST OF THE DEPARTMENT OF TOXIC SUBSTANCES CONTROL, TO
JACK DICKENS, FLEET MANAGER, OF THE "MODEL POLLUTION
PREVENTION SHOP" AWARD ON BEHALF OF THE CHULA VISTA TRANSIT
REPAIR SHOP AND THE CITY'S PUBLIC WORKS GARAGE
Tyrone Smith, representing the Department of Toxic Substances Control, recognized Fleet
Manager Dickens and Chris Ferson ITom the City's Transit repair shop for completing the
"Model Pollution Prevention Shop" program and commended them for exceeding state standards
with regard to toxic substance control. He stated that the two City facilities are the fIrst shops in
the region to receive the Model Shop award, and there are only 34 such shops throughout
California.
CONSENT CALENDAR
(Items 1 through 10)
Councilmembers Rindone and Castaneda requested that Items 9 and 10 be pulled ITom the
Consent Calendar for discussion. Councilmember Castaneda also stated that he would abstain
ITom voting on Item 1 since he was not yet a member of the Council on the dates referenced.
1. APPROVAL OF MINUTES of November 2, November 9, November 16, November 17,
and November 23, 2004.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
. Letter of resignation ITom Mark Croshier, member of the Charter Review
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with Maddy Act requirements.
3. RESOLUTION NO. 2005-001, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING RESOLUTION 2004-349, APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE STATE URBAN PARKS AND
HEALTHY COMMUNITIES PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002, FOR UNIVERSALLY ACCESSIBLE PLAYGROUND
EQUIPMENT AT MONTEV ALLE COMMUNITY PARK
On November 2,2004, the Council adopted Resolution 2004-349, authorizing the City to
apply for grant funding for Montevalle Park playground equipment under the California
Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002.
Certain language elements required by the State of Califomia granting agency were
inadvertently omitted ITOm the body of the resolution. These elements have now been
inclU(!ed. (Director of Recreation, Director of General Services)
Staff recommendation: Coupcil adopt the ·resolution.
Page 2 - Council Minutes January 11, 2005
CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2005-002, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING RESOLUTION 2004-348, APPROVING THE
APPLICATION FOR GRANT FUNDS FOR THE YOUTH SOCCER AND
RECREATION DEVELOPMENT PROGRAM UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002, TO PROVIDE NEW SOFTBALL FACILITIES AND
RENOVATE EXISTING SOCCER FACILITIES AT OT A Y PARK
On November 2,2004, the Council adopted Resolution 2004-348, authorizing the City to
apply for grant funding for Otay Park improvements under the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. Certain
language elements required by the State of California granting agency were inadvertently
omitted ITom the body of the resolution. These elements have now been included.
(Director of Recreation, Director of General Services)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2005-003, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 LffiRARY
DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME UNANTICIPATED
GRANT REVENUE IN THE AMOUNT OF $10,000 FOR THE SMALL BUSINESS IN
A BOX GRANT
The Chula Vista Public Library recently received a one-time Library Services and
Technology Act grant ITom the California State Library in the amount of $10,000 for
Fiscal Year 2005. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2005-004, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED GRANT
REVENUE IN THE AMOUNT OF $10,903 FOR EXPENDITURES ASSOCIATED
WITH THE LITERACY PROGRAM
The Chula Vista Literacy Team has received a total of $10,903 in unanticipated grant
revenues, which will be used to support the Literacy program. A one-time grant in the
amount of $5,800 was received from the California State Library for the Library's Reach
Out and Read program. The California Department of Education awarded an additional,
unanticipated $1,000 for the Workforce Investment Act (WIA) 231 Grant and the
California State Library has augmented the Matching Funds Grant in the amount of
$4,103. (Assistant City Manager Palmer)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2005-005, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN ADDENDUM TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA
VISTA AND THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT
REGARDING JOINT OPERATION OF THE DASH (DYNAMIC AFTER SCHOOL
HOURS) AND STRETCH (SAFE TIME FOR RECREATION, ENRICHMENT AND
TUTORING FOR CHILDREN) AFTER-SCHOOL PROGRAMS; AND
APPROPRIATING FUNDS THEREFOR.
Page 3 - Council Minnles January 11, 2005
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CONSENT CALENDAR (Continued)
The current memorandum of understanding (MOD) between the City and the Chula Vista
Elementary School District, in effect until June 30th, 2005, authorizes the operation of
two after-school programs at elementary school sites. The STRETCH Program, with its
emphasis on literacy and arts enrichment, is currently offered at seven district schools,
and the DASH program, with structured sports and recreation activities, is offered at 24
district schools. Adoption of the resolution approves an addendum to the MOD between
the City and the Chula Vista Elementary School District for Fiscal Year 2004/2005.
(Assistant City Manager Palmer)
Staffrecommendation: Council adopt the resolution.
8. RESOLUTION NO. 2005-006, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE SAN DIEGO ASSOCIATION OF
GOVERNMENTS (SANDAG) TO CLAIM AND APPROPRIATE CITY OF CHULA
VISTA PRIOR-YEAR UNALLOCATED TRANSPORTATION DEVELOPMENT ACT
(IDA) ARTICLE 4.0 FUNDS IN THE AMOUNT OF $18,000 FOR THE
ACQUISITION OF A MID-SIZE, CNG SHUTTLE BUS FOR THE NATURE CENTER
Adoption of the resolution authorizes SANDAG to claim and appropriate $18,000 in
prior-year TDA Article 4.0 funds. The $18,000 is in addition to the $165,000 previously
appropriated for the purchase of a 30-foot CNG bus to operate as the Nature Center
Shuttle. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve Consent Calendar Items 1 through 8, headings
read, texts waived. The motion carried 5-0, except for Item 1, which carried 4-0-1
with Councilmember Castaneda abstaining, since he was not yet a member of the
Council on the dates referenced.
ORAL COMMUNICATIONS
Steve Bilson, representing Rewater Systems, requested that the Council direct staff to complete
the State Water Resources Control Board, State Revolving Fund loan application to demonstrate
that Rewater's system is a cost-effective, environmentally-friendly method to supply water to
new development throughout the state. Mayor Padilla asked staff to prepare an information item
for Council on the issue.
Sheri Smith expressed concem about drug and alcohol abuse among homeless persons in
Friendship Park. She spoke in support of a Chula Vista Police Officer's desire to designate
Friendship and Memorial Parks as alcohol-rree zones. Mayor Padilla asked staff to provide a
follow-up report to Council on the matter.
Kevin O'Neill commended Plans Examiner Carolyn Dakan for epitomizing professionalism and
public service, adding that he would submit a commendation in letter form to the City Manager.
Page 4 - Council Minutes January 11, 2005
ACTION ITEMS
11. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO CHAPTER 9.20 OF
THE MUNICŒAL CODE RELATING TO PROPERTY DEFACEMENT, AN
AMENDMENT TO THE MASTER FEE SCHEDULE TO ESTABLISH A GRAFFITI
REMOVAL FEE, AND AMENDMENTS TO THE FISCAL YEAR 2004/2005
BUDGET FOR ADDITIONAL GRAFFITI ABATEMENT STAFF AND RELATED
EQUIPMENT COSTS
Adoption of the ordinance and resolutions provides additional abatement and
enforcement tools to protect public and private property rrom acts of vandalism and
defacement, especially graffiti. The new program makes it unlawful for any person to
permit his/her property to remain defaced with graffiti that is visible to the public for
more than 48 hours. It also gives City crews the authority to remove graffiti on
privately-owned property and creates a new, non-mandatory graffiti removal fee.
(Director of Public Works Operations)
Director of Public Works Byers explained the proposed graffiti eradication process. He then
read the following proposed amendment into the record, recommending that the Council adopt
the amendment along with the proposed ordinance: The City Manager or his/her designee may
give utilities or responsible parties with an active program for the removal of graffiti, and who
own or maintain multiple unattended structures throughout the City, up to five additional days to
remove graffiti from those structures.
Councilmember Castaneda stated that first priority should be given to apprehending perpetrators
of graffiti crimes. He also believed that the proposed 48-hour requirement to remove graffiti
could be onerous for many citizens, particularly for seniors and low-income residents. In
addition, he expressed concern about potential selective enforcement and the City's resultant
exposure to liability. He suggested that the item be continued for further examination.
Deputy Mayor Davis expressed concern about the 48-hour removal requirement and asked if it
would be the responsibility of the property owner or tenant to remove graffiti. She also
recommended tougher penalties for graffiti perpetrators and fewer penalties for victims, and she
asked about the possibility of bringing back the sound-activated spray can program. She then
suggested that the item be brought back at a later date and that staff meet with members of the
business community to obtain input regarding property defacement issues and graffiti removal
requirements.
Councilmember McCann expressed the need for further input on the proposed ordinance and
suggested that staff work collaboratively with citizens and the business community on ways to
address graffiti-related issues. He also commented on the need for stronger enforcement and
punishment of the perpetrators, and he requested information on who is responsible for graffiti
eradication along Interstates 805 and 5, since the tagging that exists along the rreeways reflects
poorly on the City.
Councilmember Rindone expressed concern about the proposed 48-hour graffiti removal
requirement and discussed the need for a consistent and set standard for graffiti removal rrom
residential properties.
Page 5 - Council Minutes Jannary 11,2005
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ACTION ITEMS (Continued)
Carl Hodges stated that he has expended hundreds of dollars eradicating graffiti along his fence,
and he expressed the need for the City to address graffiti issues as soon as possible. He
suggested that in lieu of the proposed graffiti eradication fees for residents, the abatement
program be funded with taxpayer dollars.
ACTION: Councilmember Rindone moved to refer Item 11 back to staff and to direct staff
to return to the Council within 45 days with proposed amendments based on
Council comments at this meeting. Councilmember McCann seconded the
motion, and it carried 5-0.
City Manager Rowlands asked the Council to consider adopting Resolution 2005-009 at this
meeting, since immediate staffing is needed for the recently purchased graffiti abatement vehicle
and to maintain current graffiti abatement in the City.
ACTION: Councilmember Rindone moved to refer Items llA and lIB back to staff and
reconsider Item llC, Resolution No. 2005-009. Councilmember McCann
seconded the motion, and it carried 5-0.
A. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 9.20,
RELATING TO PROPERTY DEFACEMENT, INCLUDING GRAFFITI
REMOVAL REQUIREMENTS, PENALTIES AND RIGHTS OF THE CITY TO
ENTER AND REMOVE GRAFFITI (FIRST READING)
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MASTER FEE SCHEDULE AND ESTABLISHING A NEW
GRAFFITI REMOVAL FEE
ACTION: Councilmember Rindone moved to adopt Resolution No. 2005-009, heading read,
text waived:
C. RESOLUTION NO. 2005-009, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
FISCAL YEAR 2004/2005 BUDGET BY APPROPRIATING $44,534
FROM THE AVAILABLE BALANCE OF THE GENERAL FUND,
APPROPRIATING $26,500 FROM THE AVAILABLE BALANCE OF
THE CORPORATION YARD DEVELOPMENT IMPACT FEE (DIP)
FUND, AND APPROVING ADDITIONAL STAFF FOR PUBLIC
WORKS OPERATIONS TO IMPLEMENT A NEW GRAFFITI
ABATEMENT PROGRAM
Councilmember McCann seconded the motion, and it carried 5-0.
Page 6 - Council Minutes January 11, 2005
ITEMS PULLED FROM THE CONSENT CALENDAR
9. RESOLUTION NO. 2005-007, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT
FOR SIDEWALK REPLACEMENT AT VARIOUS LOCATIONS IN THE CITY
(PROJECT NO. JY-065K)
On September 29, 2004, the Director of General Services received sealed bids for this
project, which was included in the budget. The project is to remove and replace curbs,
gutters, sidewalks, and driveways displaced by differential settling, tree roots, etc. on
various City streets. (Director of General Services)
Staff recommendation: Council adopt the resolution.
Councilmember Rindone requested that the full bid amount of $101,025 be authorized for
sidewalk replacements at various City locations.
Councilmember Castaneda recommended that staff continue to identify problem areas in the
City, expand the current sidewalk replacement list, and incorporate the expanded list into the
next budget process.
Councilmember McCann requested a status report on capital improvement projects in the west
side of the City.
ACTION: Councilmember McCann offered Resolution No. 2005-007, heading read, text
waived, as amended to include the full bid amount of $101,025. The motion
carried 5-0.
10. RESOLUTION NO. 2005-008, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
(MOD) WITH SAN DIEGO DIALOGUE, A UCSD EXTENDED STUDIES AND
PUBLIC PROGRAM, AND APPROVING THE APPROPRIATION OF $50,000 FROM
THE AVAILABLE BALANCE OF THE GENERAL FUND TO COORDINATE
CRITICAL NEW RESEARCH ON SPECIFIC CROSSBORDER OPPORTUNITIES
FOR ECONOMIC GROWTH
Since its inception, San Diego Dialogue has been conducting research on long-term
issues that the bi-national region faces in order to encourage the development and
implementation of viable solutions to improve quality oflife. San Diego Dialogue's goal
through partnerships with strategic regional partners is to strengthen the economic and
technological capacity of the crossborder region in high value-added, globally
competitive industries. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
Page 7 - Council Minutes Jannary 11, 2005
__.m.__._____. ._..._.._--_._-,._~..._-
ITEMS PULLED FROM THE CONSENT CALENDAR (Continued)
Kenn Morris, representing San Diego Dialogue and speaking on behalf of Dr. Mary Walshok,
provided an overview of the program and crossborder initiatives to foster the growth of
technology companies that link Baja California and San Diego County businesses. He stated that
the proposed Memorandum of Understanding between the City and the Regents of the University
of California would 1) assist in building momentum at the University of San Diego Extension for
the creation of a science and technology education and training facility within the South County
region; and 2) make up a critical part of the support needed by San Diego Dialogue to research
current trends and collect data to catalyze investments in the region. He added that San Diego
Dialogue is undertaking these efforts with other partners and would be focusing primarily on
crossborder-related topics and what the University of San Diego has to offer to the region in the
areas of research and development expertise.
Councilmember Rindone asked what financial contributions other members were making. Mr.
Morris responded that Wells Fargo Bank and the State of Baja are each contributing $50,000.
Councilmember Castaneda requested confirmation that $150,000 was the projected budget for
the proposed program. Mr. Morris stated that $150,000 would be for the kick-off of the
initiative, which is proposed to be a two-year program. Councilmember Castaneda expressed the
need to ensure a good collaborative process between the City, San Diego Dialogue, and the
South County Economic Development Committee.
ACTION: Councilmember Rindone then offered Resolution No. 2005-008, heading read,
text waived. The motion carried 5-0.
OTHER BUSINESS
12. CITY MANAGER'S REPORTS
City Manager Rowlands recommended that the meeting of January 18, 2005, be cancelled due to
a lack of agenda items
ACTION: Deputy Mayor Davis moved to cancel the meeting of January 18, 2005. Mayor
Padilla seconded the motion, and it carried 5-0.
13. MAYOR'S REPORTS
Mayor Padilla wished the community a happy New Year. He spoke briefly about the many
upcoming projects, opportunities, and challenges facing the City. He thanked Deputy Mayor
Davis and Councilmember McCann for assisting him with engagements in his absence. He also
reported that he would attend the United States Conference of Mayors in Washington D.C. next
week and would report on the conference upon his return.
Page 8 - Council Minnles January 11, 2005
14. COUNCIL COMMENTS
Deputy Mayor Davis:
A. Ratification of appointment of J.C. Clayton to the Mobilehome Rent Review
Commission.
ACTION: Deputy Mayor Davis moved to ratif'y the appointment of J.C. Clayton to the
Mobilehome Rent Review Commission. Councilmember Rindone seconded the
motion, and it carried 5-0.
B. Discussion regarding the possible naming of the Community Room after the two
Chula Vista police officers who died in the line of duty.
Deputy Mayor Davis requested that staff and the Police Officers Association come back to the
Council with suggestions on ways to honor the two Chula Vista police officers killed in the line
of duty.
C. Discussion regarding policies for the memorial wall at the police facility.
Deputy Mayor Davis requested that staff and the Police Officers Association come back to the
Council with suggestions on a direction to be taken regarding the memorial wall at the police
facility. City Manager Rowlands responded that the Police Officers Association, in conjunction
with other County agencies, is working on a preliminary schematic to honor fallen officers
countywide, and a report would be forthcoming to the Council.
Councilmember McCann stated that he attended the grand opening of Fire Station 6, and he
thanked Deputy Mayor Davis for being the keynote speaker for the event. He also wished
everyone a happy New Year.
Councilmember Castaneda requested to convene a meeting with Planning Department staff and
stakeholders in the Otay River Valley Park regarding adj acency rules for the park and to consider
the adoption of an ordinance.
Councilmember Rindone asked staff to provide the Council with a status report on code
enforcement issues since the increase in code enforcement staffing.
ADJOURNMENT
At 8:44 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of January 25, 2005,
at 6:00 p.m. in the Council Chambers. (The Regular Meeting of January 18, 2005 was
cancelled).
~ ~kl-=.~~
Susan Bigelow, MMC, City Clerk
Page 9 - Council Minutes January 11, 2005
--..--.. ,--".-.-.-....- ..-- --.-._-~-~_._....~
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
January 25,2005 6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:04
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone, and
Mayor Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY COUNCILMEMBER RINDONE OF A 2004 SAN DIEGO
EXCELLENCE IN ENERGY AWARD RECOGNIZING THE CITY OF CHULA
VISTA FOR GOING ABOVE AND BEYOND TO SUPPORT AND ADOPT
EMERGING TECHNOLOGIES THAT PROTECT THE ENVIRONMENT
Councilmember Rindone reported on the prestigious 2004 San Diego Excellence in Energy
Award that he recently accepted rrom the San Diego Regional Energy Office on behalf of the
Council and the City. He stated that the City also received the government sector "Outstanding
Organization Achievement" award for its work in promoting energy efficiency through the use
of a Honda FCX as part of its vehicle fleet. He expressed pride in the City's continued efforts
with regard to environmental initiatives and its commitment to managed growth.
CONSENT CALENDAR
(Items 1 through 13)
Regarding Item 2, Councilmember Rindone requested confirmation that the appointment of
Councilmember McCann to the Otay Valley Regional Park Policy Committee would be for the
balance of Councilmember McCann's term. Mayor Padilla responded affirmatively.
With respect to Item 6, Councilmember Castaneda asked staff to look at ways to accommodate
bicyclists on East Palomar, rrom Brandywine to Paseo Ranchero, expressing concem that
signage and striping no longer exist due to construction in the area, and narrow traffic lanes do
not allow for a bicycle lane.
1. APPROVAL OF MINUTES of December 7 and December 14, 2004.
Staff recommendation: Council approve the minutes.
/6
- _n ~___.___ _ ___"_ ____._~___._______
CONSENT CALENDAR (Continued)
2. RESOLUTION NO. 2005-011, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPOINTING COUNCILMEMBER JOHN MCCANN AS
THE CITY OF CHULA VISTA REPRESENTATWE TO THE OTAY VALLEY
REGIONAL PARK. POLICY COMMITTEE
The policy committee sets or recommends policy for the administration of the regional
park, including prioritizing property acquisitions, recommending implementation of
plans, and prioritizing staff implementation efforts. The planned Otay Valley Regional
Park is the result of the joint efforts of the County of San Diego and the cities of San
Diego and Chula Vista to develop this ll-mile linear regional park. Adoption of the
resolution approves the appointment of Councilmember McCann to represent Chula Vista
on the policy committee. (Director of Recreation)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2005-012, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $16,855.97 FROM
THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES TO THE
FIRE DEPARTMENT
The Fire Department is a participant in automatic aid agreements with all other agencies
within San Diego County and in an agreement for local government fire suppression
assistance to forest agencies and the Office of Emergency Services. The department
provides staff and equipment resources to these agencies on a reimbursement basis.
Adoption of the resolution accepts and appropriates the reimbursement. (Fire Chief)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2005-013, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING DONATIONS TOTALING $2,050 TO THE
FIRE DEPARTMENT FROM W AL-MART AND APPROPRIATING SAID FUNDS
The Fire Prevention Bureau received two donations, one in the amount of $750 and
another in the amount of$I,300, rrom the WAL-MART Foundation. The donations were
presented to the Fire Prevention Division to support fire investigations. (Fire Chief)
Staff recommendation: Council adopt the resolution.
5. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTERS
8.24 AND 8.25 TO CONFORM LANGUAGE RELATING TO SOLID WASTE,
LITTER, AND RECYCLING, AND THE IMPLEMENTATION OF A VARIABLE
RATE STRUCTURE (FIRST READING)
Page 2 - Council Minutes January 25, 2005
CONSENT CALENDAR (Continued)
The Council approved the implementation of a variable rate structure/unit pricing for
small quantity generators and rate structure modifications for large quantity generators
that encouraged waste reduction and provided recycling incentives. The implementation
of these programs prompted the need for minor conforming modifications to Municipal
Code Chapters 8.24 and 8.25 relating to solid waste, litter and recycling. (Director of
Conservation and Environmental Services)
Staff recommendation: Council place the ordinance on fIrst reading.
6A. RESOLUTION NO. 2005-014, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA 2005
BIKEWAY MASTER PLAN
B. RESOLUTION NO. 2005-015, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FILING OF AN APPLICATION FOR
GRANT FUNDS FROM THE BICYCLE TRANSPORTATION ACCOUNT
PROGRAM FOR A FISCAL YEAR 2005/2006 BICYCLE FACILITY, AND
CERTIFYING THE COMMITMENT OF MATCHING FUNDS
With a steady growth in bicycle usage and the demand for new bikeways and routes since
1996, the Bikeway Master Plan has been updated in order to locate, develop and
encourage the use of the City's bikeway system. The Bikeway Master Plan will be used
to pursue statewide funding for new bicycle facilities. (Director of General Services,
City Engineer)
Staff recommendation: Council adopt the resolutions.
7. RESOLUTION NO. 2005-016, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDED PEDESTRIAN
BRIDGE DEVELOPMENT IMPACT FEE AGREEMENT BETWEEN OTAY
PROJECT, L.P. AND THE CITY OF CHULA VISTA AND AUTHORIZING OTAY
PROJECT, L.P. TO CONSTRUCT THE ELIGIBLE PEDESTRIAN BRIDGES
BETWEEN OTAY RANCH VILLAGES ONE AND TWO, AND BETWEEN
VILLAGES FIVE AND SIX
Otay Project, LP, the developer of Villages Six and Two in the Otay Ranch, has
requested authorization to construct the West Olympic Parkway pedestrian over-crossing
between Village One and the Otay Ranch High School in Village Two, and the east
pedestrian over-crossing between Villages Five and Six. In retum for building the two
bridges, Otay Project will receive cash reimbursement and/or credit in accordance with
Ordinance No. 2892. Adoption of the Resolution authorizes the developer to construct
both pedestrian bridges and be eligible to receive cash reimbursement and credit against
the payment of the Pedestrian Bridge Development Impact Fee. (Director of General
Services, City Engineer)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Minutes January 25, 2005
"_..._._._.._____~___________...~._..____..._._ - __ __." __..__..____...n_..._.._____...
CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2005-017, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DRAINAGE MAINTENANCE AND
INDEMNIFICATION AGREEMENT (OTAY RANCH VILLAGE 7 MASS
GRADING) BETWEEN THE CITY AND OTA Y PROJECT, L.P.
Otay Ranch Company is currently processing mass grading plans to remove soil rrom the
Otay Ranch Village Four future community park site; construct drainage, temporary
desilting facilities, and a permanent detention basin serving Otay Ranch Village Seven.
The proposed drainage agreement requires Otay Ranch Company to provide for the
appropriate maintenance of these facilities until the City or a maintenance district accepts
them for maintenance. (Director of General Services, City Engineer)
Staff recommendation: Council adopt the resolution.
9A. REPORT ON THE APPLICATION FOR THE FORMATION OF COMMUNITY
FACILITIES DISTRICT NO. 12-I (MCMILLIN OTAY RANCH VILLAGE SEVEN)
B. RESOLUTION NO. 2005-018, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO
CONSIDER THE FORMATION OF PROPOSED COMMUNITY FACILITIES
DISTRICT NO. 12-I (MCMILLIN OTAY RANCH, LLC - OTAY RANCH VILLAGE
SEVEN) FOR A PORTION OF VILLAGE SEVEN OF THE OTAY RANCH, AND
APPROVINGTHE FORM OF A REIMBURSEMENT AGREEMENT
In compliance with Council policy, McMillin Otay Ranch, LLC submitted an application
for establishing Community Facilities District No. 12-I (CFD 12-1) to fund the
acquisition or construction of certain public improvements serving Chula Vista and
development improvements serving McMillin Otay Ranch properties in the amount of
approximately $18.5 million. Adoption of the resolution initiates the formal proceedings
for the proposed CFD 12-1. (Director of General Services, City Engineer)
Staff recommendation: Council accept the report and adopt the resolution.
10. RESOLUTION NO. 2005-019, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE DIRECTOR OF GENERAL
SERVICES OR THE DIRECTOR OF PUBLIC WORKS OPERATIONS TO EXECUTE
CHANGE ORDERS FOR THE LOCAL STREETS PAVEMENT REHABILITATION
PROGRAM (STL-293) IN AN AMOUNT NOT TO EXCEED $315,000, AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS
NECESSARY TO COMPLETE THE PROJECT
On July 20,2004, the Council awarded a contract in the amount of $2,079,254 to SRM
Contracting & Paving for this proj ect. The available contingencies in the amount of
$315,000 include the removal and repaving of selected street areas, cold milling, crack
sealing, pavement overlay, replacement of traffic signal loop detectors, traffic control,
striping and marking, and other miscellaneous items of work. It is the intention of City
staff to execute any change orders as necessary on behalf of the City to expend said
amount. (Director of General Services)
Staff recommendation: Council adopt the resolution.
Page 4 - Council Minutes January 25, 2005
CONSENT CALENDAR (Continued)
11. RESOLUTION NO. 2005-020, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING BIDS DUE TO
DISPARITIES IN THE BID PROPOSAL, AND AWARDING CONTRACT FOR
SIDEWALK IMPROVEMENTS AT 1101 TWIN OAKS AVENUE, SOUTH SIDE OF
NAPLES STREET, IN THE CITY OF CHULA VISTA (PROJECT STL-307)
On December 3,2004, sealed bids were received for this project. The work to be done
includes excavation and grading, sidewalks, driveways, asphalt concrete pavement,
removal and disposal of existing improvements, traffic control, and miscellaneous work,
material, equipment and transportation necessary for the project. (Director of General
Services)
Staff recommendation: Council adopt the resolution and award the contract to Heffler
Company, Inc., of National City, California for $25,000.
12. RESOLUTION NO. 2005-021, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SEVENTH AMENDMENT TO AN
AGREEMENT BETWEEN SAN DIEGO TRANSIT CORPORATION AND THE CITY
OF CHULA VISTA FOR UNIFIED TELEPHONE INFORMATION SYSTEM
Adoption of the resolution maintains Chula Vista Transit's participation in the Unified
Telephone Information System at a cost of $56,469.96. This system provides Chula
Vista Transit riders and persons outside the region with telephone and online schedule
information for Chula Vista Transit and all fixed route transit systems operating in the
County. (Director of Public Works Operations)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2005-022, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) AGREEMENTS FOR FISCAL YEAR 2004/2005
BETWEEN THE CITY OF CHULA VISTA AND VARIOUS COMMUNITY
GROUPS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENTS
On May 11, 2004, the Council approved activities to be funded through its Community
Development Block Grant (CDBG) Program, pending review by the U.S. Department of
Housing and Urban Development (BUD). The City received its agreement with BUD
for the CDBG funding and approval of activities in late October 2004. Adoption of the
resolution approves the CDBG funding agreements with each of the
organizations/activities approved for funding. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
ACTION: Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0.
Page 5 - Council Minutes January 25,2005
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ORAL COMMUNICATIONS
Amelia Simpson, representing the Environmental Health Coalition, spoke regarding the City's
participation with San Diego Dialogue in the cross-border initiative and urged the Council to use
its influence to promote policies that guarantee labor rights and protection of the environment.
She also invited the Council to participate in a tour of a Tijuana community on March 19, 2005,
to observe the impacts of poor cross-border developments resulting rrom the North American
Free Trade Agreement.
PUBLIC HEARINGS
14. CONSIDERATION OF ADOPTION OF AN ORDINANCE TO REGULATE THE
SPACE ALLOCATED FOR THE TEMPORARY STORAGE, COLLECTION AND
LOADING OF RECYCLABLE MATERIALS AND SOLID WASTE IN
DEVELOPMENT PROJECTS, AND ADOPTION OF A RECYCLING AND SOLID
WASTE PLANNING MANUAL (Continued from December 14, 2004)
The proposed ordinance and Recycling and Solid Waste Planning Manual establish a
scheme to regulate the location and design of areas dedicated to the temporary storage,
collection and loading of recyclable materials and solid waste associated with new
construction projects and subdivisions. Adoption of the regulations brings the City into
compliance with State law. (Director of Conservation and Environmental Services)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
Conservation Coordinator France gave an overview of the proposed ordinance and manual.
There being no members of the public wishing to speak, Mayor Padilla closed the public hearing.
ACTION: Deputy Mayor Davis offered the following Ordinance for first reading and
Resolution No. 2005-023 for adoption, headings read, texts waived:
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION
19.58.340 TO REGULATE THE SPACE ALLOCATED FOR THE
TEMPORARY STORAGE, COLLECTION, AND LOADING OF
RECYCLABLE MATERIALS AND SOLID WASTE IN
DEVELOPMENT PROJECTS (FIRST READING)
RESOLUTION NO. 2005-023, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE
RECYCLING AND SOLID WASTE PLANNING MANUAL THAT
SPECIFIES THE SPACE ALLOCATION REQUIREMENTS AND
STANDARDS FOR DEVELOPMENT PROJECTS
The motion carried 5-0.
Page 6 - Council Minnles January 25,2005
PUBLIC HEARINGS (Continued)
15. CONSIDERATION OF A) PROPOSED MODIFICATION OF THE TYPES OF
PUBLIC FACILITIES AUTHORIZED TO BE FINANCED, MODIFICATIONS TO
THE RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR
IMPROVEMENT AREA B, BOND AUTHORIZATION FOR IMPROVEMENT AREA
B, AND AMENDED SPECIAL TAX REPORT; AND B) ANNEXATION OF
CERTAIN TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2001-1
(SAN MIGUEL RANCH) AND IMPROVEMENT AREA B THERETO, AND
CONSIDERATION OF AUTHORIZATION TO LEVY SPECIAL TAXES THEREIN
On December 14, 2004, the Council adopted the Resolution of Intention, declaring its
intention to consider modifications to the authorized facilities list, the rate and method of
apportionment of special taxes within Improvement Area B of Community Facilities
District No. 2001-1 (San Miguel Ranch) ("CFD No. 2001-1"), and the bond authorization
for Improvement Area B. The Council adopted a separate resolution declaring its
intention to annex certain territory to CFD No. 2001-1 and Improvement Area B thereto.
Adoption of the proposed resolutions makes determinations regarding the proposed
modifications and annexation and submits the proposed modifications to the qualified
electors of Improvement Area B and the proposed levy of special taxes within the
territory proposed to be annexed to CFD No. 2001-1 to the qualified electors of such
territory. (Director of General Services, City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
With no members of the public wishing to speak, Mayor Padilla closed the public hearing.
ACTION: Councilmember. Rindone offered Resolution Nos. 2005-024 and 2005-025,
headings read, texts waived:
RESOLUTION NO. 2005-024, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH),
MAKING CERTAIN DETERMINATIONS AND AUTHORIZING
SUBMITTAL OF THE LEVY OF SPECIAL TAXES TO THE
QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO
BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2001-1
(SAN MIGUEL RANCH) AND IMPROVEMENT AREA B THERETO
RESOLUTION NO. 2005-025, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS
CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2001-1 (SAN MIGUEL RANCH),
MAKING CERTAIN DETERMINATIONS, AND AUTHORIZING THE
Page 7 - Council Minutes January 25, 2005
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PUBLIC HEARINGS (Continued)
SUBMITTAL OF THE PROPOSED MODIFICATIONS TO THE
FACILITIES AUTHORIZED TO BE FINANCED BY SUCH
COMMUNITY FACILITIES DISTRICT, THE RATE AND METHOD
OF APPORTIONMENT OF SPECIAL TAXES AUTHORIZED TO BE
LEVIED WITHIN IMPROVEMENT AREA B THERETO AND THE
AUTHORIZED BONDED INDEBTEDNESS FOR IMPROVEMENT
AREA B TO THE QUALIFIED ELECTORS THEREOF
The motion carried 5-0.
16. CONSIDERATION OF ASSESSMENT DISTRICT 2002-1 FOR SIDEWALK
IMPROVEMENTS ON QUINTARD STREET, BETWEEN THIRD AND ORANGE
AVENUES
The construction of sidewalk improvements on Quintard Street, between Third and
Orange Avenues is now complete and improvements have been accepted by the City
Manager. On November 2, 2004, the Council accepted the filing of the Engineer's
Report on the cost of construction and the public hearing on the assessments was set.
Deferral of the payment of assessments was approved, and the rate of interest payable on
the unpaid balance of such assessments and financing period was established. (Director
of General Services, City Engineer)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
General Services Director Griffin noted that the final assessment for each parcel of property
within the district was less than the amount originally estimated when the property owners voted
to create the district.
Councilmember McCann asked staff to take "before and after" pictures of future sidewalk
improvement projects so that citizens could see the dramatic results ofthe improvements.
There being no members of the public who wished to speak, Mayor Padilla closed the public
hearing.
ACTION: Councilmember McCann offered Resolution Nos. 2005-026 and 2005-027,
headings read, texts waived:
RESOLUTION NO. 2005-026, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE
ENGINEER'S REPORT ON THE COST OF CONSTRUCTION OF
CERTAIN PUBLIC IMPROVEMENTS IN ASSESSMENT DISTRICT
2002-1 (QUINTARD STREET)
Page 8 - Council Minutes Jannary 25,2005
PUBLIC HEARINGS (Continued)
RESOLUTION NO. 2005-027, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ASSESSING THE
COSTS OF CONSTRUCTION OF CERTAIN PUBLIC
IMPROVEMENTS ON PROPERTIES WITHIN ASSESSMENT
DISTRICT 2002-1 (QUINTARD STREET) AND ORDERING THE
RECORDATION OF A NOTICE OF LIEN
The motion carried 5-0.
ACTION ITEMS
17. CONSIDERATION OF A PETITION REQUESTING THE FORMATION OF AN
ASSESSMENT DISTRICT FOR DIXON DRIVE (NAPLES STREET TO OXFORD
STREET) FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF STREET
IMPROVEMENTS, AND APPROVAL OF THE INITIATION OF PROCEEDINGS
FOR THE FORMATION OF THE ASSESSMENT DISTRICT
Residential properties along Dixon Drive, between Naples and Oxford Streets, are
currently without curbs, gutters, or sidewalks. Twenty-eight of the thirty-eight property
owners signed a petition requesting that special assessment district proceedings be
commenced for the purpose of financing the construction of these improvements. Staff
has completed preliminary design and cost estimates for this project. (Director of
General Services)
General Services Director Griffin explained the process for the formation of the assessment
district.
Councilmember Rindone noted that the petition was received in November 2003 and asked why
the process had taken so long. Director Griffin responded that the delay was the result of
difficulties in securing funding rrom the Department of Housing and Urban Development and
internal issues regarding the Community Development Block Grant program. Councilmember
Rindone asked if property owners would have the option of adding an additional driveway to
their property, should they elect to do so. Director Griffm responded affirmatively.
Councilmember McCann asked how future projects of this nature could be expedited. Director
Griffin replied that funding issues need to be addressed, and staff has no control over the
statutory requirements for forming districts.
ACTION: Mayor Padilla offered Resolution Nos. 2005-028, 2005-029, and 2005-030,
headings read, texts waived:
RESOLUTION NO. 2005-028, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A
PETITION REQUESTING THE FORMATION OF AN ASSESSMENT
DISTRICT FOR DIXON DRIVE (NAPLES STREET TO OXFORD
STREET) FOR THE PURPOSE OF FINANCING THE
CONSTRUCTION OF STREET IMPROVEMENTS
,
Page 9 - Council Minutes Jannary 25,2005
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ACTION ITEMS (Continued)
RESOLUTION NO. 2005-029, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE
INTENTION TO FORM ASSESSMENT DISTRICT 2004-1 (DIXON
DRIVE), APPROVING THE PRELIMINARY ENGINEER'S REPORT,
ORDERING THE INSTALLATION OF CERTAIN IMPROVEMENTS
ON DIXON DRIVE (NAPLES STREET TO OXFORD STREET),
SETTING THE TIME AND PLACE FOR A PUBLIC HEARING AND
ORDERING THE INITIATION OF BALLOT PROCEDURES
RESOLUTION NO. 2005-030, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP
SHOWING THE PROPOSED BOUNDARIES FOR ASSESSMENT
DISTRICT NO. 2004-1 (DIXON DRIVE)
The motion carried 5-0.
OTHER BUSINESS
18. CITY MANAGER'S REPORTS
There were none.
19. MAYOR'S REPORTS
Mayor Padilla noted that he would be providing a report to the Council regarding his recent
attendance at the United States Conference of Mayors in Washington D.C.
20. COUNCIL COMMENTS
. Councilmember McCann: Discussion regarding comprehensive crime fighting
strategy
Councilmember McCann spoke about the recent high profile crimes in the City, expressing the
need to ensure that the City keeps on top of all the issues. He asked Police Chief Emerson to
prepare an update on policing strategies for presentation to the Council within 21 days and
identified the following topics as top priorities: (1) Gangs: In order to ensure a gang-rree City,
gangs must be placed on notice that they are not welcome in Chula Vista. Also, the staffing of
the gang detail division of the Police Depàrtment needs to be assessed. (2) Graffiti: The City
must continue its efforts to eradicate graffiti and show perpetrators who is in charge. There need
to be stronger penalties and increased police enforcement. (3) Trolley Station Safety: There is a
need to coordinate with trolley security to establish control points, a visible security presence,
and stricter ticket requirements for access both on and off the trolleys. The City has the
opportunity to serve as a role model with regard to trolley security in future developments. (4)
Park Safety: Park lighting requirements need to be reviewed, along with the City's alcohol
ordinance. There needs to be proactive policing il). the parks.
Page 10 - Council Minutes January 25,2005
OTHER BUSINESS (Continued)
Councilmember McCann expressed the need to expedite the abovementioned initiatives to make
the City a safe place in which to live; and to review performance measurement requirements for
additional police staffing.
Police Chief Emerson briefly explained the department's proposed enforcement strategies,
described in a recent memorandum to the Council, that included crime surveys in the western
region of the City, police staffing and new recruits, the strategic planning process, and
community outreach, including social services agencies.
Councilmember McCann expressed the need to expedite the adoption of a hotel ordinance to deal
with hotel issues within the City.
Mayor Padilla stated that the perception of criminal activity is as detrimental to a community as
the activity itself. He expressed the need to focus on root problems associated with the
differences in the rate of crimes as it relates to various demographics within the City.
Councilmember Castaneda expressed the need to address citizen concerns about crime in the
City, stating that he had submitted a memorandum to staff asking for a report and dialogue
regarding crime issues in the City. He spoke in support of adding to public safety resources and
providing the necessary tools for police officers to carry out their duties.
Councilmember Rindone commended the Police Department for its commitment to being
proactive, rather than reactive, with regard to crime and safety issues. He then reported on an
upcoming proposal relative to bus rapid transit for the Eastlake Village community, stating that
the SANDAG Board would monitor the proposal to ensure that funding proceeds. He also spoke
about the Metropolitan Transit Agency's establishment of a Comprehensive Operational
Analysis program to ensure that the agency is funding a systern that utilizes recurring resources
rather than reserves and one-time funding.
Councilmember Rindone complimented City Manager Rowlands for his report on the top ten
City projects completed in 2004 and those facing the City this year.
Regarding security issues at trolley stations, Councilmember Rindone reported that he would be
meeting with a Metropolitan Transit System representative to jump-start the implementation of
security cameras at the three trolley locations within the City. He also supported the
establishment of trolley ticket requirements within fare zones.
Councilmember Rindone said he was pleased that over $1.2 million in Community Development
Block Grant funding allocated for westem Chula Vista pavement rehabilitation and sidewalk
improvements would be expended by April 30, 2005.
Councilmember Rindone asked staff to explore the possibility of relocating the historic Otay
Baptist Church, located at Third Avenue and Zenith Street, to Memorial Park and preserving the
church as a museum. Corinne McCall, representing the Chula Vista Historical Society, stated
that the historic church is currently located in an industrial area, has no security, and is at risk of
structural damage. Glenda Devaney, also representing the Chula Vista Historical Society, stated
that relocating the church would enhance the City's downtown district and create a draw for
citizens.
Page 11 - Council Minutes January 25,2005
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OTHER BUSINESS (Continued)
Councilmember McCann commended Recreation Director Martin on the completion of Sunset
View Park, which was delayed due to the 60-day waiting period required to obtain a reclaimed
water permit. He said he had been informed that there is only one reclaimed water inspector for
the whole County, and he asked staff to verify the number of reclaimed water inspectors and to
work with the County Supervisors' Office on how to avoid future delays in the permit process.
Councilmember McCann spoke regarding a meeting of the Interagency Water Task Force and a
proposal for a resort community in the eastern sector of Otay Lakes on property owned by the
Otay Ranch Company. He stated that the project may potentially be processed in either Chula
Vista or San Diego County. He asked staff to prepare a memorandum regarding reasons to
process the project in Chula Vista to give the City control of such issues as fire, traffic, sewer,
and police.
ADJOURNMENT
At 7:31 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of February 1, 2005,
at 4:00 p.m. in the Council Chambers.
~~,,~
Susan Bigelow, MMC, City Clerk
Page 12 - Council Minutes January 25,2005
.
ORDINANCE NO.
-
~\\O~
ORDINANCE OF THE CITY OF CHULA VISTA ~\) f>..\)O
APPROVING TIm AMENDMENTS TO CHUL~ .
MUNICIPAL CODE SECTION 8~ .5 TO
CONFORM LANGUAGE RELA TO SOLID
WASTE, LITTER AND RECYCLING AND THE
IMPLElYfENTATION OF . A VARIABLE RATE
STRUCTIJRE
WREREAS, in the fall of 2001, City Council approved the implementation of a
unit pricing rate structure as part of its solid waste management plan; and
WHEREAS, that plan provided for a unit pricing rate structure with automated
collection for Small Quantity Generators, and rate structure modificatioilli for Large
Quantity Generators that encourage waste reduction and provide recycling incentives;
and,
WREREAS, the implementation of these programs prompted the need for minor
conforming changes to CYMC Chapters 8.24 and 8.25 relating to Solid Waste, Litter and
Recycling; and,
WHEREAS, the City Council desires to amend Chula Vista Municipal Code
Chapters 8.24 and 8.25 so that these chapters confo= to the unit pricing rate structure of
the City's Solid Waste Manag=ent Plan.
NOW, THEREFORE, tHE CITY COUNCIL OF THE CTIY OF CHULA
VISTA DOES ORDAIN AS FOLLOWS:
SECTION I: That Chapters 8.24 and 8.25 of the Chula Vista Mu:nicipal code are hereby
amended as follows:
SOLID WASTE AND LlTTER*
Sections:
8.24.010 Purpose and intent.
8.24.020 Definitions.
8.24.030 Accumulation of materials constituting a fire hazard
prohibited.
8.24.040 Solid waste - Disposal in public places prohibited.
8.24.045 Solid waste generated off-site - Placement in city trash
containers - Prohibited.
8.24.050 Solid waste - Disposal on private property prohibited -
Exception. ·
·
.
· .
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Ordinance No. -
Paae 2
..
8.24.060 Owner or occupant responsibility to maintain sanitary
premises.
8.24.070 Solid waste - Collection prohibi'ted when - Burning
prohibited.
8.24.080 Solid waste - Containers approved for use by small
gcnaratorsmall ouanitv oenerators (single-family
residential and small businesses with cart service) and
largo gcnoratorlarqe auanitv qenerators (bin & roll-off-box
service) for solid waste, yard waste and recyclables.
8.24.090 Solid waste - Placement in containers or bundles-
Restrictions.
8.24.100 Solid waste - Placement of containers for collection-
Times.
8.24.110-
8.24.170 ReseNed.
8.24.180 Payment of solid waste collection charges - Penalty for
delinquency.
8.24.190 RoduooEi r06idcntiol soliGi ""octo oolleotion oh:¡rgce for
sonior citizons. ReseNed.
8.24.195 Mandatory recycling for exempt and reduced rate
customers.
8.24.200 Interference with collection and scavenging prohibited
when.
8.24,210 Littering - By private persons prohibited where.
8.24.220 Littering - By corporations or persons prohibited where.
8.24.230 Owner or occupant duty to keep sidewalks free of litter.
. For authority for cities to declare what shall be deemed a nuisance, see Gov.
Code § 38771; for provisions regarding abatement of nuisances, see Gov.
Code §§ 38773 and 38773.5.
CROSS REFERENCES: Dead Animals, see Ch. 6.16 CVMC.
Prior legislation: Prior code §§ 16.1 - 16.3 and 16.7 - 16.18; Ords. 912,
949,1204,1852,1988,1999,2004,2206,2428,2484 and 2740.
8.24.010 Purpose and intent.
The city council finds that the accumulation, storage, collection,
transportation, processing and disposal of solid waste is a matter of
public concern, in thflt improper control of such matters creates a
public nuisance and can lead to air pollution, fire hazards, illegal
dumping, insect breeding, rodent infestation and other problems
affecting the health, welfare and safety of the residents of this and
surrounding cities. The city council further finds that the minimum
weekly collection of solid waste fra;m;all residences and places of
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Ordinan.ce No. -
Page 3
,
business in the city benefits all occupants of residences and
businesses within the city. Accordingly, the colJection of solid waste
in the city is a mandatory servi.ce, shall not be discontinued, and all
oWners and occupants as defined in CVMC 8.24.060 are made
liable for the payment of such fees as may be approved from ume
to time by the city council. The city council further declares that the
regulations provided in this chapter are designated to eliminate or
alleviate such public health and safety concerns, and provide
minimum standards for the accumulation, storage, transportation
and processing of solid waste. (Ord. 2764 § 1, 1998).
8.24.020 Definitions.
For the purpose of this chapter, the definitions contained in
CVMC 8.25.020 shall govem, unless the context otherwise requires
or indicates. (Ord. 2764§ 1,1998).
8.24.030 Accumulation of materials constituting a fire hazard
prohibited.
It is unlawful for any person to create or alJow to be created, or
maintained upon any premises in the city owned or controlJed by
such person, any accumulation of materials that are dangerous as
fire menace or hazard. (Ord. 2764 § 1, 1998).
8.24.040 Solid waste - Disposal in public places prohibited,
It is unlawful for any perso!'1 to place, dump, deposIT or throw any
solid waste i!'1cluding, but not limited to, plastic, glass, metal, paper,
green waste, other food waste, automobile parts, or other solid
waste or liquid wastes of any kind or character whatsoever, upon or
along the right-of-way of any public highway, street,. lane, alley or
other public place within the corporate limits of the city. (Ord. 2764
§1,1998).
8.24.045 Solid waste generated off-site - Placement in city
trash containers - Prohibited.
City solid waste and litter containers are placed in city parks, at
bus stops and other public areas for the use of the public to control
litter and solid waste which is generated at or near the location
where the solid waste containers are located; they are not to be
used as disposal sites for soHd wa,ste which is generated off-site,
except as defined as incidentaj waste in CVMC 8.25.020.
.
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Ordinance No. -
Page 4
Therefore, it is unlawful for any person to place, dump, deposit or
throwaway solid waste of any kind or character whatsoever other
than incidental waste in city litter or solid waste containers, if such
was generated at a location other than where the solid waste or
litter container is located. (Ord. 2784 § 1, 1998).
8.24.050 Solid waste - Disposal on priva.te property prohibited
- Exception.
It is unlawful for any person to place, dump, deposit or throw
away any solid waste or other waste discards of any kind or
character whatsoever, upon any private property adjacent to or
abutting upon any public highway, or public place, or upon any
private property whatsoever, within the corporation limits of the city,
unless such person first obtains ·the written permission of the owner
of such property so to do. It is further unlawful for such person to
deposit or place such materials in any solid waste container owned
or used by the owner of such property, unless sL.¡ch person first
obtains the written permission of the owner so to do. This section is
not intended to· preclude a person from disposing of waste
generated at a business in containers provided for customers of the
business, such as empty food containers being placed in public
waste containers at a fast food restaurant. (Ord. 2764 § 1, 1998).
8.24.060 Owner or occupant responsibility to maintain sanitary
premises.
Every owner, tenant, occupant or person owning or' having the
care and control of any premises in the city shall keep said
premises or those under his/her care and control in a clean and
sanitary condition, and no person shall permit any solid waste or
any other substance which may be or will become offensive to be.
deposited or to remain in or upon any premises owned or occupied
by him or under his care and control, except as otherwise expressly
permitted by this chapter. It shall be the responsibility of such
person to provide for weekly scheduled solid waste collection
service by means of the city's contract or franchise agent and pay
for such services pursuant to this chapter. However, any such
person subject to the manda1:ory reqUirement may remove or
convey their own waste to a state-permitted landfil! or transfer
station by applying for an exemption in writing in advance and
receiving such exemption pursuant to CVMC 8.24.180. Any dispute
as to such exemption may be appealed to the city manager. (Ord.
2764 § 1, 1998). -
.
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Ord1nance No. -
Page 5
8.24.070 Solid waste - Collection prohibited when - Burning
prohibited.
A. No person shall collect, remove or convey, or cause or permit
to be collected, removed or conveyed. any residential, commercial
or industria! solid waste upon or along any public street, alley or
any other pu blic place in the city; provided, however. the
prohibitions of this section shall not apply to authorized employees
of the city, or to any person or finn or employees thereof, with
whom the city or a local school district has entered into a contract
or franchise for the collection, removal or disposal of solid waste, or
to the occupant or owner of any residence personally removing
their own solid waste from said residence or commercial
establishment or as may otherwise be permitted or required by
federal or state laws that legally supersede the provisions of this
chapter. Occupants or owners removing or conveying their own
waste shall comply with the provisions of this chapter and all local
state and federal regulation regarding the safe transportation and
disposal of wastes.
B. It is unlawful for any person to bum or bury any solicj waste as
a means of disposing of said waste. (Ord. 2764 § 1. 1998)..
8.24.080 Solid waste - Containers approved for use by small
geRer..tersmaIJ quanitv qenerators (single-family residential
and small businesses with cart service) and ~
geReratarlarQe Quanitv Qenerators (bin or roll-off service) for
solid waste, yard waste and recyclables. .
A. It is unlawful for anye:mal! gcncratoFsmall Quanitv oenerator in
a residential area to keep or store any solid waste and recyclables
within containers except those provided by the city contract or
franchise aoent. Residents may keep yard waste in a container
provided by the city contractor franohico or franchise contrast aGent
or their own standard waste container. Such standard containers
shall be a maximum capacity of 4D oailons,' . with tho exception of
yard waste aontaineFs, whioh are tapered qraduallY. decreasinq in
diameter toward the bottom of the container. made of metal or
plastic with metal or plastic covers and operable handles. and shall
be watertiqht and fly-proof. with a maximldm oaeaci"Ì'/ of 4Q ¡¡allans.
ðbjsh sor:rtainer¡; shall ha'Ie operable ham:!les am:! . whisR aro
t3~crc!â gradually, eecrcQ€:in¡¡ in Efiamctor toward the bQttDIT-I (If the
scntainor, R1adc of metal or plastis with motal or plastic CS'IarE and
hand let, aRe ane which sont::aincrs s.hall be watQrtight :;me fþ¡ 3roof
Residents mav also purchase and -use their own automated yard
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OrdinanceNo._
Page 6
waste container for yard waste onlv, if that container has been
approved by the City. :md shall not exceed 19 gall one; in COFJOe¡itf.
~mJII gonor:¡tors m3j ::1lso use cont::1Íners ¡grovided by the city or Its
contract or frJnchisa agant as 19311 of their ofJtional <Jor¡lcQ.
B. Lorge §enor3torLarae auanitv crenerators shall utilize
containers provided by the city contract or franchise agent.
Compactor containers or other receptacles provided by Iafge
generJtorlarGe auanitv Generators, such as commercial and
industrial customers, must be approved by the city contract or
franchise agent for compatibility with collection equipment before
use, Use of incompatible compactors or other containers is not
allowed and the purchase or lease of such equipment will not be
considered grounds for an exemption from mandatory service.
C. Further, every person having the care or control of any place
or premises within the city where solid waste accumulates or exists
shall cause such solid waste to be placed and kept in such
watertight containers, with lids securely fitted, and in a number
adequate to contain the total amount of (soe definitions, solid waste
moans ovorvtino refwsc me::1ns C¡::1rbaac and /1dÍJie:h) solid waste¡
(refuse. recvclinG and vard waste) accumulating dur'ing the
maximum allowed one-week Interval between each collection or
removal thereof. (Ord. 2764 § 1, 1998).
D. Enclosures for solid waste containers must be of adequate
size to hold :¡nd pro~C!rly "or,ioe the number of containers reauired
to temporarilv store fuF-the reEiyclin~, 90lid w(mte refuse. .recvclino
and vard waste aenerated in-bewtween service intervals. pursuant
to Section 8.24.080,C. The enclosures shall also be adeauatein
size to accommodate'aM other ancillary collection and removal
services, i.e. arease renderino as defined in Chapter 19.58.340.
8.24.090 Solid waste - Placement in containers or bundles-
Restrictions.
All solid waste shall be kept within sturdy containers made of
metal or plastic, and no solid waste shall be placed in any container
so that it protrudes or extends beyond such containers. Containers
shall also have tight-fitting lids sufficient to keep out the rain and
prevent litter, Every owner, tenant, occupant or person having
responsibility for premises shall subscribe for adeauate service
previae and maintain the number of rigid containers and lids
sufficient to separately hold their weekly solid waste;. (-refuse,
recvclables and yard wastel. Yard waste and other designated
recyclables shall never be placed for colledion in plastic bags. The
weight of any empty standard containêr for vard waste container for
2-6
Ordinance No. -
Page 7
,
a gm31l gener3torsmall cuanrtv cenerator shall not exceed 15
pounds; the weight of any fuHy loaded container shall not exceed
60 pounds. Cardboard containers shall not be used as solid waste
containers and should be emptied, broken down and placed at the
designated collection location for collectioli with recyclables.
A. The following actions are approved for solid waste by s.¡:¡:¡a¡¡
gonor:1toFSmall quantity qenerators (single-family residentiai and
small businesses with curbside collection service):
1. 4, Color-coded and soeciallv marked containers will bé
provided upon reeuest bv the city contract or franchise aQent for
used oil. oil filters. and desianated recvclables at no additional
charae. Cotor-coded and speciallv marked containers for vard
waste will be provided at the resident's option and require a
monthlv rental fee established in the maximum rate schedule.
. U<õe . at fllastiG er flaper ba§ß rnamiaGtureG! o)(flrescly for
WQsto sterage, secwrely ticd with wire, plastic or string, and of such
tr.icl<nesc and burgting strength Ie reeiet punsturG and tOaTE.
GrooofY and shoppin¡¡ 9ag5 are not fJcrmittcd;
2. NO'.'ÆfJapers: andler Flattened GarGboard sexes should be
plaGee euteiee ceRtail1erc (for rCGj'cling) if they are sbakes and
securely tied with [tatural fiber rt:ino into bundles ef not more¡ than
40 fJ9lmds in 'Neight;
~2.~ Brush and limbs of trees may be placed outside of yard
waste containers, tied with natural fiber (compostable) twine into
bundles of not 'more than four feet in length, 18 inches in diameter
and 4035 pounds in weight;
43.~ Any person desiring to receive different, additional, or
more frequent service may do so through the contract or franchise
agent, on mutually agreeable terms and conditions, by contacting
the contract or franchise agent at least two days before their regular
refuse collection service daY~f
5. Color coded and specially markod aontaincrc will . be
provided upon reque£t by the cit'! contr3ct or fr3nohise ::¡gent for
used oil, oil filterÐ, and de5igAated recycl3ble£ at no c;harge. Color.
coded· and cpecblly marked containers for yard waste ond solid
waste will be provided at the recident's option ,me require j
monffily rental fee estaslished in the ma:ximum Fate schedulo.
S.The following actions are prohibited for rO!siqenti:J1
customeresmall quantity oenerators:
1. Use of severely damaged containers or containers with
jagged or sharp edges (said containers will be appropriately tagged
by contract or franchise agent first time noted and will be collected
by cont:act agent if used subsequer]tly to being so tagged);
.
:
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Ordinance No. -
Page 8
2. Placement of hazardous or toxic wastes, such as solvents,
paints, pesticides, fuels, explosives and medical wastes, at the
designated collection location for collection by the city or any
contract or franchise agentes). This prohibition is not intended to
exclude the door-to-door collection of any hazardous waste, by
appointment, by e contractor licensed by the city and permitted by
the State Department of Toxic Substances or the county
environmental health department;
3. Placement of construction and demolìtion waste at the
designated collection location for service by the city contractor or
franchise agent which may resist compaction o"r damage
equipment, such as large metal objects, concrete blocks, dirt or
tires. This prohibition is not intended to prevent a residenUrom
making an appointment for free bulky pick-up, free used oil and
filter collection, or contracting with the city contract or franchise
agent for a temporary bin for construction debris, metals, yard
waste and source separated recyclable materials;
4. Deposit of solid waste or any other material in waste
containers intended for use by, or belonging to, others;
5. The disposal of designated recyclables in solid waste
containers.
C. Enforcement.
1. Generators that fail to place solid waste~ (refuse, recyclables
or yard waste} out for collection in proper containers or fail to
properly separate recyclables will be tagged with a notice and
provided with proper instructions.
2. Repeated vioiation of proper set-out and/or separation after
notification by the city or its contract or franchise agent will subject
the violaung person to a penalty of up to $10.00 per incident. That
penalty will be assessed as part of the regular solid waste disposal
bill and will be subject to the same payment and collection
procedure provided in CVMC 8.24.180.
3. An additional fee of $10.00 will be added to the bimonthly or
monthly service fee to restart service for any owner/occupant that
discontinues service prior to receiving an exemption under CVMC
8.24.180(H). (Ord. 2764 § 1,1998).
8.:24.1aO Solid waste - Placement of containers for collection.,..
Times.
No solid waste shall be placed for collection in an alley or on the
curb or the streets before 6:00 p.m. on the day immediately prior to
the scheduled collection day. No person shan permit solid waste
containers to remain on the street or~ alley after 8:00 p.m. of the
.'
2-8
Ordinance No. -
Page 9
,
collection day. Collection point shall be in front of the residential
property at the curbline or as close thereto as possible without
creating an obstacle on the sidewalk. All solid waste placed at such.
collection points shall be deemed a request for service by the city's
contract or franchise agent. Carts shall be placed at least 1.5 feet
apart. with wheels aaainst the outter;-aR4 manuallv collected items.
such as. bulkv cick uc items, standard vard waste containers and
. desianated used-oil recvclino containers shall also be 1.5 feet from
Carts. (Ord. 2764 § 1, 1998}.
8.24.110 Reserved.
8.24.120 Reserved.
8.24,130 Reserved.
8.24.14Q Reserved.
8.24.150 Reserved.
8.24.160 Reserved.
8.24.170 Reserved.
8.24.180 Payment of solid waste collection charges - Penalty
for delinquency,
A. Payment ObJigation. The city cbuncl[ finds and determines that
the regular collection of solid waste, yard waste and designated
recyclabies, and the disposal or processing thereof by the contract
or franchise agent of the city from all places in the city, is a part of
the integrated solid waste management service to the premises
from which it is collected. All owners and occupants of premises
within the city shall be responsible for paying the monthly collection
service rate charged by the city or its contract or franchise agent, or .
shall comply With the provisions of this chapter for an exemption
from mandatory service as set forth in subsection (H) of this
sectìon. No person that has not previousiy applied for and received .
an exemption shall willfully fail. negiect or refuse, after demand by
the city or its contract or franchise agent, to pay the service fees.
B. Billing and Payment. All solid waste service charges shall be
biIied upon a monthly or bimonthly basis as determined by the city
council, and shall be due and payable by the owner/occupant at the
time indicated in the billing stat~ment. The city's solid waste
,
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Ordinance No. -
Page 10
contract or franchise agent will provide solid waste billing services,
and su bject to the provisions of this chapter, be primarily
responsible for the collection of payments. The due date for each
class of generator shall be clearly indicated on the bill/invoice. If the
due date falls on a Saturday, Sunday or legal holiday, the customer
will have until the end of the next regular business (jay to make
payment. Payments made by mail must be post-marked no later
than midnight of the due date on the invoice. Payments may be
made in person on or before the due date between 8:00 a.m. and
5:00 p.m., Monday through Friday excluding holidays, at the
contract or franchise agent's Chula Vista office.
C. Billing Cycles, Classifications and Due Dates. All solid waste
sérvice charges for Em3!1 gonoF:Jtorsmall auanitv aenerators
(residential dwellings and businesses with curb or allev cart
service) shall be billed bimonthly in advance. The due date for
Sffi31( §enoratorsmall auanitv qenerator invoices shall be the last
day of the bimonthly billing cycle. Solid waste service charges for
13rge gancr-atorlarae auanitv aenerators (residences and
businesses with bin, compactor or roll-off service) shall be billed
monthly in arrears. The due date for largo §onerwtorlarae auanitv
qenerator invoices shall be 15 days after the last day of the monthly
billing cycle. The cost of temporary services such as industrial roll-
off boxes may be applied to the monthly or bimonthly billing
statements of existing customers, secured by a line of credit or paid
for as "Cash On Delivery" (COD) as mutually agreed by the city
contract or franchise agent and the customer. The city will direct the
contract or franchise agent to deliver invoices to the Postal Service
in a manner that will provide the customer no less than 15 days for
delivery and payment of their invoice without penalty.
D. Service Rates. The contract or. franchise agent shall set
service rates subject. to a maximum rate established by the city
council. A complete schedule of maximum rates shall be kept on
file with the city clerk and the city conservation coordinator and is
available for public review. Maximum rates may be subject to
increase pursuant to the terms of the city's contract or franchise
with the contract or franchise agent(s). Subject to the terms of the
then-in-effect contract or franchise, the council may from time to
time establish such rates by resolution, including the establishment
of rates for different classifications of generators (residential,
commercial, industrial or subclassifications thereof) or types of
materials generated, including preferential or discounted rates for
senior citizens or low income families or other classifications which
are deemed to be in the public interest
E. Penalties for Delinquency - Nqtifi~ation.
.
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Ordinance No. -
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1. A bill shall be considered delinquent if payment in full is not
received by the close of business or postmarkéd before midnight of
the due date as shown on the bill. However when the final day falls
on a Saturday, Sunday or legal holiday, payment may be made
without penalty on the next regular business day. If payments for
EJmall gonoratorsmall quanitv aenerator invoices have not been
received by the city contract or franchise agent 10 days before the
due date, the city contract or franchise agent shall send notification
("first warning") outlining potential late fees and penalties to the
resident or business.
2. Late Notice. In the event the owner or occupant of any
premises or business shall be delinquent in payment of any part or
all of the solid waste fees and delinquency continues for a period of
10 days after the due date shown on the bill, the city's contract or
franchise agent shall send notification ("late notice") to the owner
and occupant informing both of the amount owed and the schedule
of penalties and costs accrued at each stage of delinquency as
defined below. The notification to the owner shall be mailed to the
name and address listed. on the last available property tax
assessment roll and shall include the potential delinquency amount
to be assessed as a lien and collected on the owner's property tax
bill. If payment in full is not received by the due date on the
bill/invoice, the city or its contract or franchise agent may impose a
one time late/processing fee equal to 10 percent of the charges
owed or $10.00. In addition, for each 30 days the delinquent bill
remains unpaid, the city, its contract or franchise agent may impose
additionai late/processing fees equal to one and one-half percent of
the outstanding debt. If the bill is not paid within 15 days of the
invoice due date, the city contract or franchise agent may charge
an additional restart fee of $10.00. (The penalties and restart fee
are designated for administrative convenience only in the master
fee schedule.) The city, its contract or franchise agent must at
minimum send one bill/invoice at least 10 days before the due date
and one notification letter by first class mail to the owner or
occupant prior to assessing a penalty.
3. Final Late Notice. In the event that the owner or oGGupant of
any premises or business is delinquent in payment of all or any part
of the solid waste bill, other than that for which they have applied
for and received an exemption from the city, for a period of 90 days
after the due date of the invoice, the city or franchise agent shall
assign the deiinquent accoun1 to the city for collection. Upon mutual
agreement, the city contract or franchise agent may assign
delinquent accounts to the city bef9re 90 days. At leas1 10 days
prior to assigning an aCcount to :J:l1e CÏ"ty for collection, the city
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Ordinance No. -
Page 12
contract or franchise agent shall send a second notification ("final
late notice") to the owner. The notification shall include the total
current amount due, a description of the potential penalties for
delinquent amounts and a description of the potential lien process
(penalties and fees are designated for administrative convenience
only in the master fee schedule), the location where the bill may be
paid in person during regular business hours and a self-addressed
retum envelope for payment by mail.
4. Final Notice of Delinquency. Upon assignment of the
delinquent account to the city for coflection, the delinquent charges,
penalties and fees may be collected by the city:
a. Pursuant to a lien imposition and property tax bill process
provided below;
b. By suit in any court of competent jurisdiction; or
c. Any other manner pelTTlitted by law or equity at the city's
discretion.
Prior to setting a hearing to consider a lien, the city wifl send
notification ("final notice of delinquency") to the property owner with
a detailed description of the amount owed, the penalty schedule,
lien procedure and associated costs and administration fees (the
penalties and fees are designated for administrative convenience
only in the master fee schedule).
F. Lien Process fo"r Solid Waste Services.
1. Hearing and Lien - Notice. When the fufl amount for said
solid waste service charge is not paid within 15 days after the final
notice of delinquency, the city clerk may set said delinquent
account for hearing by the city council at a regular or adjourned
regular meeting, Which will be held at least seven calendar days
after such 15-day period has expired. The owner of the property
shall be mailed notice of the time and place of the hearing. The
notice shall also inform the property owner that failure to pay said
delinquent account will result in a lien upon the property, and the
amount owed will be charged to the property owner on the next
regular tax bill. Notice of the public hearing shall also be published
once at least 10 days in advance thereof in a newspaper of general
circulation published in the city of Chula Vista. The city clerk shall
post a copy of such notice of the time and place of hearing, in a
conspicuous place at or near the entrance of the council chambers
in the city hall.
2. Delinquent Accounts - Hearing and Assessment. The city
council shall consider said delinquent accounts at the time set for
hearing, together with any abjections or protests by interested
parties. Any owner of iand or person affected by the charges may
present a written or oral protest or.objection to the delinquency of
2-12
Ordina.nce No. -
Page 13
said account or the amount owed thereon. At the conclusion of the
hearing, the city council shall either approve the delinquency and
amount owed on the account as submitted or as modified or
corrected by the city council. The decision of the city council on the
charges and on all protests or objections shall be final and
conclusive. The amounts so approved shall reflect the entire
amount due, including all penalties, interest and administrative fees
that have accrued against the account as of the date of the hearing
plus any county fees (for processing and collecting the lien). The . .
amount sha!] be charged to the property owner on the next regular
tax bill and shall be a lien upon the property involved. The city
council shall confirm such assessment and cause the same to be
recorded on the assessment roll and, thereafter, such assessment
shall constiMe a special assessment and lien upon the property.
The city council shall adopt a resolution assessing such amounts
as .liens upon the respective parcels of land as they are shown
upon the last available assessment roll.
3. Delinquent Accounts - Administrative Fee. All delinquent
accounts that are not paid within 10 days after the final delinquency
notice has been posted may be charged an administrative
processing fee to offset the costs incurred by the city in
administering the provisions of this chapter. The administrative
processing fee (designated for administrative convenience only in
the master fee schedule) shall be added to the amount due as
collected by the city under subsection (E)(4) of this section.
G. Solid Waste 'Service Deposits Required When - Amount. The
city, its contract or franchise agent have the right to require
deposits from the owner or occupant of any premises who has
allowed his/her bill for solid waste service charge to become
delinquent or who does not have an acceptable credit rating.'
Deposits shall be equai to the estimated amountof the solid waste
service charges for two billing cycles, but in no event shall the
deposit be less than $25.00.
H. Request for Exemption from Fees - City-Approved Exception.
1. Terms for an Exemption. All. exemptions and extensions will
be granted for a period of not more than 180 days and shall be at
the discretion of the director of public works or his/her designee.
Applicants which have been cited with a notice of violation or·
administrative citation and those that have been late on sewer at
soiid waste fee payment within the p~st six months will not be
qualified for an exemption.
2. Process for Request. Requests for an exemption for
mandatory solid waste services aDd payment shall be made on a
form provided by the director of;public works. Requests on the
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Ordinance No. -
Page 14
required form shall be completed by the applicant and submitted to
the city, as outlined on the form, at least five workjng days before
the next applicable solid waste billing cycle. An extension of an
approved exemption may be requested by submitting the request in
, writing at least 10 days before the end of the current extension
period.
3. Conditions of an Approved Application. Applicants shall
agree to an inspection of their premises to verify compliance with
solid waste diversion and pay an inspection fee to the director of . .
public works or his designee, per exemption period, of $15.00. The
inspection fee shall be waived if the premises are in compliance. If
the premises are found to not be in compliance, subsequent re-
inspection fees shall also be charged. Failure to notify the city
conservation coordinator or the city's contract or franchise agent in
writing prior to reoccupying the premises, or otherwise altering
· compliance with the exemption, conditions, shall constitute
delinquency of payment for collection charges, and charges and
penalties shall be retroactive to the tirst day of the exemption
period. In all cases, property owners and/or their agents will be
expected to maintain sanitary premises pursuant to CVMC
8.24.060 including, but not limited to, litter abatement, clean
sidewalks and gutters, and yard waste recycHng (as appropriate),
throughout the exemption period.
4. Special Terms. Exemptjons will not apply retroactively
except as stated in a Class 1 vacancy exemption below. All
· exemptions requested by tenants shall also be signed by the
property owner.
a. Vacancy Exemption for Unoccupied Premises. In the
event that the premises are unoccupied and all water; sewer,
electricity and gas are also disconnected, an owner or occupant of
a residence or business may request a vacancy exemption. Should
the premises be unoccupied due to a death or similar hardship, the
executor, beneficiary or county probate administrator may request a
retroactive exemption. It is the responsibility of the occupant and/or
the property owner to cancel an exemption for vacancy and restart
· service if the property is to be occupied before the end of the
exemption period. The request for service shall be made to the city
contract or franchise agent at least two regular business days
before the next regular collection service day.
b. Self-Haul. Occupant or tenants of premises may apply far
an ,exemption from fees for all or part of the solid waste, yard waste
and recycling services and remove or convey waste and/or
recyclables for processing and disposal Which they generate
themselves. Such persons must. p~vide weekly receipts for
.
·
2-14
Ordinance No. -
Page 15
disposal at a state-permitted landfill or transfer station and/or
appropriate recycling facility at the end of each billing cycle or upon
demand by the city or its contract or franchise agent. Persons
provided an exemption' are stilI subject to state-mandated waste
diversion goals and may not (1) dispose of their waste in the waste
receptacle of another generator in Chula Vista or another
jurisdiction, in a park or street litter bi n, (2) contract with a third
party to remove and convey their waste, (3) bum their waste in their
fireplace or other means, (4) dispose of designated recyclables, or . .
otherwise improperly dispose of waste or recyclables as
established in CVMC 8.24.040, 8.24.045 and 8.24.050. A self-
hauler exemption is not a permit to haul waste generated by a'
second party.
c. Source Reduction, Recycling and Com posting Exemption.
The occupant/owner of any premises may apply for an exemption
from all or part ofthe solid waste, yard waste and recycling fees for
100 percent diversion (no disposal of any kind, anywhere). Such
persons must provide a written description of their solid waste
management plans. to comp1y with the state-mandated landfill
diversion goai and the city's integrated solid waste management
plan.
d. Property owners and occupants within an area newly
annexed to the city that was not currently using the city's contract
or franchise agent may use the service of a private refuse collection
service other than the city's franchise agent for a period not to
exceed one biiling cycle. If the owner or occupant was under a pre-
eXisting franchise agreement with a private refuse collection service
other than the city's contract or franchise agent, they may remain
with that service to the extent required by law until the end of the
agreement period, less any extensions in that agreement, for a
periOd not to exceed 180 days.
e. The city contractor or franchise agent may suspend
collection service and/or charges from a I::1r90 gonor:Jtorlaroé
quanitv qenerator for:
I. Vacancy,
il. Delinquency of payment subsequent to implementation '
of CVMC 8.24.180(E), or
iii. Mutual agreement by the city and contract or franchise
ag ent.
The contractor shall notify the city quarterly of all suspended
accounts that did not result in payment. (Ord. 2764 § '1, 1998).
8.21.19Q Reèliceå resiEleRBa! soli~ W3Ste sollm:tion sharges
for seAisr sitizens. .
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Ordinance No._
Page 16
The city ¡;er.¡neil find:; and declares that single family heusehold:;
consisting exolusively of one or more £enisr sitizens (82 J'93r£ and
oldar) do not gG,~.erJto 3£ groat a volumo of solid 'NQste ana,
therefore, G method· should be pro'Aded whish WOU]Q rcwft in a
reduced colleotien ch3rgo fGr sush 5GniGr Gitizens th3t are billed
direGtl~l as l3art gf the 6ma[1 §oncrator sateggry. The solleetion
· charge for single family hOllSeheldo concisting of one or mere
senior citizens (:md ne senior w;:¡gc earmm:) that gonemtG no mora
than (¡no J2 gallon sontainor of nonrocysla!3le waste ¡¡er week shall . .
be !3a:;ed Uj3Gn the Gost edae!ishod by rosolutign of the city GOlJneil
fur 6inglo eont3iner GeMGO for seniors, ê2 yeam of a§o or older.
(Ord. 2751 § 1, 1998).
8.24.195 Mandatory recycling for exempt and reduced rate
customers.
· Where a solid waste rate reduction or exemption Is granted
hereunder, the affected party shall not be exempted from and shall
remain subject to the mandatory recycling ordinance. Each person
receiving a rate reduction or exemption shall be responsible for
doing his or her equitable share to assist the city with the 50
percent landfill diversion goal mandated by the California Integrated
Waste Management Act of 1989 (AB 939) including, but not limited
to, participation in source reduction, reuse, recycling and
composting of the designated recyclables and household·
hazardous waste as applicable. Failure to comply with the
mandatory recycling ordinance. or disposal of solid waste at a site
· other than the premises where the waste was generated shall be
cause for termination of the exemption or reduced rate and shall
subject the rate payer to paying the full cost of service for the full
period of the exemption or reduced rate, plus any applicable
penalty for violation of CYMC 8.24.040, 8.24.045 and 8.24.050.
(Ord. 2764 § 1, 1998).
8.24.200 Interference with collection andsc3vsnging
prohibited when.
· It is unlawful for any person or persons, other than the city
contract or franchise agent as defined herein and authorized by the
city to collect solid waste or household hazardous waste, to
interfere in any manner with any solid waste, household hazardous
waste, designated recyclables or yard waste container or the
contents thereof, whether owned by private persons, the city, or by
its contract or franchise agent, or t? r~move any such container or
2-16
·
Ordina:nc:e No. -
Page17
,
its contents from the location where the same was placed by the
owner thereof. This provision is not intended to prohibit any person,
firm or corporation generating a reusable or recyclable commodity
from selling or giving the same as he/she or it may desire; provided,
that the commodity(ies) shall be removed and conveyed in a
manner strictly in accordance with the rules and regulations of the
county department of environmental health and Chapters 8.23,
8.24, and 8.25 CVMC, and that such commodities shaIl be diverted
from a landfill, trimsformation facility, use as alternative daily cover
at a landfill, or other land application or other use not expressly
recognized as diversion by the city or the California Integrated
Waste Management Act of 19a9. (Ord. 2764 § 1, 1998).
8.24:210 Littering - By private persons prohibited where.
No person or persons shall. leave, discard, deposit, throwaway,
or cause to be left, discarded, deposited or thrown away, any solid
waste, hazardous waste or medical waste of any type including, but
not limited to, paper, wood, glass, plastic, metals, green waste or
other organic matter, upon any street, alley, gutter, sidewalk,
parkway, park or recreational area in the city. (Ord. 2764 § 1,
1998).
8.24.220 Littering - By corporations or persons prohibited
where.
It is unlawful for any person, firm, company or corporation to
deposit upon any sidewalk or street within the city any sweepings
from any sidewalk, stailway or other opening leading to the street
or sidewalk. All such sweepings or material from any sidewalk or
any other opening leading to the street or sidewalk within the city
shall be removed in a pan, shovel or other container and placed in
a container for solid waste, or green waste recycling or other
recycling container as appropriate. (Ord. 2764 § 1, 1998).
8,24.230 Owner or occupant duty to keep sidewalks free of
litter.
It shall be the duty of all owners and occupants of buildings in the
city and the duty of all owners of vacant lots in the city to keep the
sidewalks adjacent to such premises clean and free of any solid
waste of any type including, but not limited to, paper, wood, glass,
plastic, metals, green waste, noxjous weeds and vegetation or
other organic matter. (Ord. 2764 § 1~ 1998).
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Ordinance No. -
Page 18
Chapter 8.25
RECYCLING
Sections: .
8.25.010 Purpose and intent.
8.25.020 Definitions.
8.25.030 Mandatory fees for recycling.
8.25,035 Reduoed residontial o¡,¡rserde recyoling colloation
fat:es.:Reserved.
8.25.040 Separation of recyclable materials, storage, and
. containers,
8.25.050 Mandatory recycling.
8.25.060 Recycling programs.
8.25.070 Reports.
8,25.080 Scavenging,
8.25.090 Composting.
8.25.100 Enforcement.
8.25.110 Severability.
8.25.010 Purpose and intent.
The purpose of this ohapter is to provide standards for integrated
solid waste management, to include source reduction, recycling
and composting of solid wastes, in order to provide for the long-
term health, safety and welfare of Chula Vista residents through
extending current landfill capacity, preserving resources, and
providing for the general protection of the environment. The chapter
provides for regulation of the storage, collection, transportation and
recovery of marketable and recyclable materials. (Ord. 2740 § 3,
1998; Ord. 2492 § 1, 1992).
8.25.020 Definitions.
For purposes of this chapter, and other municipal code provisions
referring hereto, the following words shall have the meanings
ascribed thereto, unless the context in which they are used clearly
indicates another meaning:
A "Aluminum" means recoverable materials made from
aluminum, such as used aluminum food or beverage containers,
aiuminum foil, siding, screening, and other items manufactured
from aluminum,
B. "Bin" shall mean those plastic or metal containers of one cubic
yard (202 gallons) to eight cubic yards. that have plastic lids on the
top (unless metal lids are designate9 by the cITy manager). Bins are
2-18
Ordinance No._
Page 19
used for weekJy or more frequent collection of waste, yard waste or
designated recyclables by the city or its franchise agent.
C. "Bulky waste' means discarded Items whose large size or
shape precludes or complicates their handling by standard
residential or commercial solid waste, recycling and green waste
collection methods. Bulky items indude white goods, fumiture,
large auto parts, trees, stumps, carpet and other potentially
oversize wastes. Bulky waste does not include hazardous or
infectious waste unless specifically exempt, such as freon . .
cant¡¡ining refrigerators.
D. "Buy-back center" means a facility licensed and permitted by
the Department of Conservation and/or local jurisdiction which pays
a fee for the delivery and transfer of ownership to the facility of
source separated materials for the purpose of recycling· or
composting.
E. "Cardboard" means post-consumer waste paper grade
corrugated cardböard (grade #11); kraft (brown) paper bags, or
solid fiber boxes which have served their packaging purposes and
are discarded and can later be reclaimed far collection and
recovery for recycling.
F. "Carts' shall mean those plastic containers with a capacity of
less than 202 gallons (one cubic yard). Carts shall have a fixed lid
and are designed for automated and/or semi-automated collection
of solid waste, yard waste and/or designated recyclables by the city
or its franchise ·agent.
G. "City" shall mean the city of Chula Vista, a municipal
corporation of the state of Califomia, in its present incorporated
form or in any later reorganized, consolidated, enlarged or
reincorporated form. .
H. "Collection" means the act of removing and conveying
nonhazardous and noninfectious solid waste, commingled or
source separated materials, from residential, commercial, industrial,
or institutional (governmental) generators to a facility for
processing, composting, transfer, disposal ortransformation.
I. ·Commercial" means a site and/or business zoned or permitted.
for any use other than residential including, but not limited to,
commercial, light industrial, industrial and agricultural. Commercial
generators that generate three or more cubic yards of waste per
week are serviced by a bin or compactor collection vehicle.
J. "Commercial recyclables' means designated recyclable
materials from the two commercial subcategories of office and
hospitality, Materials include, but are not limited to: office paper,
cardboard, newspaper, and aluminum from offices; and cardboard,
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Ordinance No. -
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glass bottles and jars, plastic bottles, aluminum, tin and bi-metal
cans, and white goods from hospitality establishments.
K. "Compactor containers' means those fully enclosed metal
containers of two to 40 cubic yards provided by the city's hauler or
customer. Compactors typically serve very large gonariJtorlarqe
quanity qenerators.
L. "Compost" means the product resulting from the controlled
biological decomposition of organ ic wastes that are source
separated from the municipal solid waste stream. . .
M. "Composting" shall mean the controlled and monitored
process of converting organic wastes into compost.
N. ·Construction waste" means the demolition, dredging,
grubbing, building, and rubble resulting from construction,
remodeling, repair, and/or demolition activities on housing,
commercial, governmental' building, and other structures and
pavement.
0. "Contract or franchise agent{s)" means any person, private or
public entity designated by the city council, pursuant to Article XII of
the city Charter and Chapter 8.23 CVMC, as being responsible for
administering the collection, processing and/or disposal of solid
waste or designated recyclables.
P. "Recycling box' shall mean those containers with a capacity of
18 gallons to 32 gallons which are supplied by' the city or its
franchise agent for manual collection of designated recyclablesÆ
special events.
Q, 'Curbside collection" means the service of removing and
conveying of nonhazardous and noninfectious solid waste, source
separated recycfables and/or green waste from the public
thoroughfare at the curb or alley. (The city shall make the final
determination regarding eligibility for curbside collection, which
shall generally apply to small quanti1y generators.)
R.~ "Designated containers" ("containers") shall mean those
containers designated by the city manager for 1emporary storage
and collection of waste or designated recyclables including but not
limited to curbside bins, carts, bins, roll-off boxes, and/or compactor
containers.
R.2 "Desiç¡nated Recvclables" means those materials
desionated bv the City Manaqer for recovery or reuse. Anv
material havino an economic value on the secondary materials
marke1 or that is otherwise salvaaeable shall be included and/or
other materials that have been separated from other small quantity
. or larqe quantity qenerators for the purposes of beinq recycled for
resale and/or reuse, and placed at a desiqnated recvclinq or waste
collection or storaoe location or in a d"esiqnated reevclina or waste
2-20
.
Ordinance No. -
Page 21
container for the purpose of collection and processino, or any such
desiQnated recyclable materials collected under a mixed waste
processinq prooram. The list includes, but is not limited to:
Newspaper (ONP), Mixed Paper (MP), corruQate<l Cardboard
(OCC), steel. Tin and Bi-metal Cans. meta! coat hanQers.
Aluminum containers, White Goods. qjass food and beveraoe
containers. #1 and #2 clastic containers. all Califomia Redemption
containers. used oil. used' oil filters. yard waste. clean lumber.
concrete and asphalt.
S. "Designated solid waste and recycling coilection or storage
location" means a place designated by the city manager for storage
and/or coilection of waste, green waste. and/or recyclables pursuant
to CVMC 8.24.100. Designated locations include, but are not
limited .to, the curb, ailey, wastefrecycling enclosure, a loading
dock, Of basement of a commercial enterprise or multifamily
complex where waste and recyclables are placed for collection or
temporary storage prior to collection by the city's franchise agent.
T. "Franchised recyclables" means any residential, commercial or
industrial recyclables, as defined herein, to be collected by the
city's contract agent or franchisee, placed in designated recycling
containers or at designated recycling collection or storage
location(s).
U. "Garbage" means all nonhazardous, noninfectious organic
waste including: kitchen and table waste, and animal or vegetable
waste that attends or results from the storage, preparation, cooking,
or handling. of food stuffs, except organic wastes separated
therefrom and used in composting in accordance with CVMC
8.25.090.
V. "Generator" means every owner, tenant, occupant or person
owning or haYing the care and control of any premises in the city
including the temporary use of parks, open space or a public
thoroughfare.
W. "Glass bottles and jars" means food and beverage containers
made from silica . or sand, soda ash and limestone, the product
being transparent or translucent and being used for packaging or
bottling, including container glass designated redeemable under the
California Beverage Container Recycling and Litter Reduction Law,
Division 12.1 (commencing with Section 14500) of the California
Public Resources Code, as weil as glass jars and bottles without
redeemable valué ("scrap'), but excluding household, kitchen, and
other sources of noncontainer glass such as drinking glasses,
ceramics, light bulbs, window pane glass, and similar giass
products that are not bottles or jars. .
x. "Grantee" shall mean the city's:tranchise agent(s).
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Ordinance No. -
Page 22
Y. "Green wastes" means the leaves, grass, weeds, shrubs, tree
branches, tree trunk and other woad materials from trees. Green
waste may also include prèconsumer food waste, incidental
amounts of waxed or plastic-coated ûornJ§atod
cardl3eardcardboard and mixed paper, unpainted and untreated
1umber. Green waste does not include tree stumps in excess of
40035 pounds, more than incidental dirt or rock, plastic, glass,
· metal, painted or treated lumber, plywood, particle board, or other
manufactured products that contain glue, formaldehyde, nonorganic . .
or nonbiodegradab!e materials.
Z. "Green waste processing" means the accumulation and
storage of green waste ina manner that leads to the intentionàl or
unintentional thermophilic decomposition of green waste. The
acceptance of payment for green waste and the accumulation of
more than 15 yards or three tons per year of unprocessed,
shredded, ground or composted material shall constitute green
waste processing and is subject to the city, county and state
requirements regulating compost and/or solid waste facilities ~
· eodes"). Residential, commercial and agricultural sites that
generate, stockpile or process green waste material generated on-
site and used on-site without sale of finished or unfinished material,
that are otherwise compliant with all conditions of the municipal
code for nuisance, may apply for an annual exemption.
AA. "Hazardous or toxic waste" means any waste material or
mixture 'of wastes which is toxic, corrosive, flammable, explosive,
an irritant, a strong sensitizer, and wh ich. generates pressure
through decomposition, heat or other means, if such a waste or
mixture of wastes may cause substantial personal injury, serious
· illness or harm to humans, domestic animals, or wildlife, during, or
as an approximate result of, any disposal' of such wastes or
mixtures of wastes as defined in Section 25117 of the California
Health and Safety Code, which is not legaJly disposable at a Class
III Landfill.
B8. "Hospitality" means any establishment that offers dining
services, food or beverage sales. This includes taverns, bars,
cafeterias, and restaurants, as well as motels and hoteis
(temporary housing of iess than one month duration), hospitals,
schools, colleges, and other such establishments that have dining
· services, or a restaurant or bar, on their premises.
CC. "Industrial recyclables" means recyclables from industriai,
construction, and demolition operations, including, but not limited
te, asphalt, concrete, dirt, land-clearing brush, sand and rock.
DO. "Industrial soiid waste" means .solid waste originating from
mechanized manufacturing facilities, factories, refineries,
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Ordinance No. -
Page 23
'.
construction and. demolition projects, and/or publicly operated
treatment works, excluding recyclables and compostables, if
properly handled and treated, and excluding hazardous or toxic
waste.
EE. "Inert" means materials such as concrete, soil, asphalt,
ceramics, earthen cooking ware, automotive safety glass, and
mirrors.
FF. "Improper disposal" means the discarding of any item or
items upon public or private premises that were not generated on . .
the premises as a part of its authorized use, unless wrttten consent
of the property owner is first obtained.
GG. "Improper disposal site" means any premises that have
intentionally or unintentionally accumulated solid waste or
recyclables and/or charged a fee for accepting material without a
solid waste or composting permit from the county local enforcement
agency ("site coEle"). This does not include businesses licensed
and permitted in the city to purchase source separated recyclables.
HH. "incidental waste" means less than one pound of waste
deposited in a public litter bin or designated waste container to
prevent litter, such as waste from a fast food meal deposited in a
designated waste container or public litter bin by a pedestrian or
vehicle operator.
II. "Industrial generator" means any property or generator that is
engaged in the manufacture of products including but not limited to
construction and demolition. Industrial generators are typically
serviced by roll-off box containers of 10-yard to 40-yard capacities
and typically generate inert materials such as asphalt, concrete,
building debris and some wood and dry green waste.
JJ. "Industrial" means any form of mechanized manufacturing
facilities, factories, refineries, and construction and demolition
operations, excluding hazardous waste operations.
KK. "Institutional" shall mean any premises owned and/or
occupied by local, state and federal agencies, typicaily' office or
education facilities with a common waste stream.
LL. "Integrated solid waste· management" means a. planned
program for effectively controlling the storage, collection,
transportation, processing and reuse, conversion, or disposal of
solid waste, recyclables and/or compostables in a safe, sanitary,
aesthetically acceptable, environmentally sound and economical
manner. It includes all administrative, financial, environmental, legai
and planning functions as well as the operational aspects of solid
waste handling, disposal, litter control and resource recovery
systems necessary to achieve esta!Jlished objectives.
.
.
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Ordinance No. -
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·
MM. "Landfill" means a disposal system by which solid waste is
deposited in a specially prepared area which provides for
environmental monitoring and treatment pursuant to the CaJjfomia
Code of Regulations, Califomia Public Resources Code and the
Federal Resource Conservation and Recovery Act.
NN. "Large quantity generator" means those residential,
commercial, industrial and institutional entities that generate more
than 300 gallons of waste per week excluding source separated
recycJables diverted from disposal or transformation.
· 00. "Mixed waste processing" means a system of recovering
recyclables froin the. mixed waste stream through separation at a
processing facility, transfer station, landfill, or other such facility,
instead of separation at the primary waste generation source.
PP. "Multifamily" means a structure or strudures containing a
total of four or more dwelling units in any vertical or horizontal
arrangement on a single lot or building site.
QQ. "Newspaper" means newsprint-grade paper including any
inserts that come in the paper, and eXcluding soiled paper, all
magazines and other periodicals, telephone books, as well as all
· other paper products of any nature.
RR. "Nuisance" means anything which is injurious to human
health, or is indecent or offensive to the senses, and interferes with
the comfortable enjoyment of life or property, and affects at the
same time an entire community or neighborhood, or any number of
persons, although the extent of annoyance or damage inflicted
upon the individual may be unequal, and which occurs as a resuit
of the storage, removal, transport, processing, or disposal of solid
waste, compost, and/or designated recyclab1es.
SS. 'Office or offices· for purposes of this chapter shall mean any
, office, combination of offices, or connected building or office space
in whish the combined, total am3 iG mere than 20,QOO ¡¡¡¡¡lIare foot,
regardless of office affiliation, ownership, or occupancy. This
includes, but is not limited to, businesses used for retail, wholesale,
professional services, legal services, financial services (to include
banks), medical services, shipping and receiving areas, churches,
schools, colleges, and libraries.
n. "Office paper" means waste paper grades of white and
colored ledgers and computer paper. Examples include forms, copy
paper, stationery, and other papers that are generally associated
with desk and employee work area activity, and any additional
materials to be added by ordinance.
UU. 'Plastic bottle" means a piastic container with narrow neck or
mouth opening smaller than the diarT)eter of the container body,
used for containing milk, juice, .soft drinks, water, d ete rgent,
2-24
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Ordinance No. -
Page 25
shampoo or other such substances intended for household or
hospitality use; to be distinguished from non bottle containers (e.g.,
deli or margarine tub containers) and from nonhousehold plastic
bottJes such as those for containing motor oil, solvents, and other
non household substances.
W. "Pollution" means the condition caused by the presence in or
on a body of water, soil, or air of any solid waste or substance
derived therefrom in such quantity, or such nature and duration, or
under such condition, that the quality, appearance, or usefulness of
the water. soil. land, or air is significantly degraded or adversely .
altered.
WIN. "Processing" means the reduction, separation, recovery,
conversion, or recycling of any component(s) of solid waste.
XX. "Putrescible wastes" means the waste in organic material
with the potential decomposition capacity to emit noticeable
quantities of 'odor and gas by-products. Material ¡nthis category
includes, bwt is not limited to, kitchen waste, dead animals, food
from containers, etc., except organic wastes separated therefrom
and used in composting.
YY. "Recyclables" means any materials that are recyclable,
reclaimable, and/or reusable within the following generating
categories: small Quantity generator and large auantity generator.
Any material having an economic value on the secondary materials
market or that is otherwise salvageable shall be Included and/or
other materiais that have been separated from other small or Jafge
gcncratorlarae auanitv aenerators Tor the purposes of being
recycled for resale and/or reuse, and placed at a designated
recycling or waste collection or storage location or in a designated
recycling or waste container for the purpose of collection and
precessing, or any such designated recyclable materials collected
under a mixed waste processing program.
ll. "Recycling" shall mean any process by which materials which
would otherwise be discarded, deposited in a landfill or
transformation facility and become solid waste are collected
(source separated, commingled, or as "mixed waste"), separated
and/or processed, and returned to the economic mainstream in the
form of raw materials or products or materials which are otherwise
saivaged or recovered for reuse.
AAA. ·Refuse" means garbage 'and rubbish.
BBB. "Removal" means the act of taki ng solid wastes or
designated recyclables from the place of generation either by the
contract or franchise agent(s), or by a person in control of the
premises. ;
·
·
·
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Ordinance No. -
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· eee. "Removal frequency" means frequency of removal of solid
wastes or recyclables from the place of generation.
ODD. "Residential," for purposes of this franchise, means any
building or portion thereof designed or used exclusively as the
residence or sleeping place of one or more persons, including
single- and multiple-family dwellings, apartment-hotels, boarding
and lodging houses. "Residential" does not include short-term
residential uses, such as motels, tourist cabins, or hostels which
are regulated as hospitafityestablishments. .
EEE. "Residential recyclables' means those specific recyclable
materials from residential solid waste (single-family and multifamily)
· including, but not limited to, aluminum, glass bottles and jars,
newspaper, plastic bottles, tin and bi-metal cans, white goods, and
yard waste.
FFF. "Roll-off service" means service provided for the collection,
removal and disposal of industrial waste such as construction,
demolition and other primarily inert nonputrescible wastes and
green wastes. Rol!-off service is usually provided using metal
containers of 10 to 40 cubic yards that are open on the top with
doors on one end.
GGG. "Rubbish" means nonputrescible solid wastes such as
· ashes, paper, glass, bedding, crockery, plastics, rubber by-products
or litter. Such materials that are designated as recyclable or
compost may be exempt from categorizing as rubbish; provided,
such materials are handled, processed and maintained in a
properly regulated manner.
HHH. "Salvaging or salvageable" means the controlled and/or
autho rized storage and removal of solid waste, designated
recyclables or recoverable materials.
III. "Scavenging" means the uncontrolled and/or unauthorized
removal of solid waste, designated recyclables or recoverable
· materials. Such actiyity is unlawful and is a misdemeanor
punishable by up to six months in jail and $1,000 in civil penalties
under eVMC 8.24.200 and 8.25.080 and Chapter 9, Section 41950
of the California Integrated Waste Management Act of 1989.
JJJ. "To segregate waste material" means any ófthe following:
the placement of designated recyclables in separate containers; the
binding or bagging of designated recyclables separately from other
waste material and placing in a separate container from refuse, or
the same container as refuse; and the physical separation of
designated recyclables from other waste material (either at the
, generating source, solid waste transfer station, or processing
facility). .
-
-
.
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Ordinance No, -
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KKK. 'Small generator" means those residential, commercial,
industrial and institutional entities that generate ress than 300
gallons of waste per week excluding source separated recyclables
diverted from disposal or transformation.
LLL. 'Solid waste" means all putrescìble and nonputrescible
solid, semi-solid and liquid wastes, such as refuse, garbage,
rubbish, ashes, industrial wastes, demolition and construction
wastes, abandoned vehicles and parts thereof, discarded home
and industrial appliances, manure, vegetable or animal solid and
semi-solid wastes, and includes liquid wastes disposed of in
conjunction with solid wastes at solid waste transfer/processing
stations or disposal sites, which are generated by residential,
commercial or industrial sites within the city. Solid waste shall not
include: hazardous and infectious waste, sewage collected and
treated in a municipal or regional sewage systém or materials or
substances having commercial value or other importance which
can be salvaged for reuse, recycling, composting or resale.
MMM. 'State" shall mean the state of Califomia.
NNN. ·Storage" means the interim containment of solid wastes,
yard wastes, or recyclables in an approved manner after generation
and prior to disposal, collection or processing. ("Interim" means for
one week or less; roll-off containers may store nonputrescible
waste for up to 30 days.)
000. "Streets and byways" shall mean the public streets, ways,
alleys and places as the same now or may hereafter exist within
said city, including state highways now or hereafter established
within said city.
PPP. 'Tin and bi-metal cans" means any steel food and beverage
containers with a tin .or aluminum plating.
QQQ. "Transfer or processing station" means those facilities
utilized to receive solid wastes and to temporarily store, separate,
convert, or otherwise process the solid waste and/or recyclables.
RRR. "Unit" means an individua.l residence contained in a
residential multifamily complex.
sSS. 'White goods" means kitchen or other large enameled
appliances which includes, but is not limited to, refrigerators,
washers, and dryers.
TTT. 'Wood waste" means lumber and wood products but
excludes tree stumps in excess of ~35 pounds, more than.
incidental dirt or rock, plastic, glass, meta!, painted or treated wood,
plywood, particle board or other manufactured products that contain
glue, formaldehyde, nonorganic or non biodegradable materials.
-
.
.
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Ordinance No. -
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UUU. "Vector" means any nuisance such as odor, unsightliness,
sound, or a carrier, usually insects or rodents, that is capable of
transmitting a disease.
\fIN. ''Yard waste" means the leaves, grass, weeds, and wood
materials from trees and shrubs from the single-family and
multifamily residential sources of the city's green waste (to include
landscape haulings from residential sources). Acceptable materials
for collection include all yard waste as herein defined, oxcluding
palm frendacxcludinq, treated or processed wood or lumber, bulky
waste or any other materials as shall be determined by the city as
to not be salvageable. All acceptable yard waste shall be void of
nails, wire, rocks, dirt or any other material that js not considered
yard waste. (Ord. 2740 § 3,1998; Ord. 2492 § 1,1992). .
8.25.030 Mandatory fees for recycling.
A. The city council finds and determines that the regular
collection of recyclables by the contract or franchise agent(s) of the
city from all places in the city is a seNice to the premises from
which it is collected. All owners or occupants of premises
generating recyclables shall pay the monthly collection fee charged
by the city's contract or franchise agent, not to exceed the city-
approved maxjmum rates. A schedule of maximum rates shall be
kept on fire with the city clerk and js available for public review.
Maximum rates may be subject to increase pursuant to the terms of
the city's contract or franchise with the contract or franchise
agent(s). Subject to the terms of the then-in-effect contract or
franchise, the council may from time to time estab[ish such rates by
resolution, including the establishment of rates for different
classifications of quantity generators (Small Quantitv Generators,
Larqe Quanitv Generators. residential, commercial, or industrial, or
subclassifications thereof) or types of materials generated;
includin§¡ preferential or discountod r::ltos for Genior citizens or low
inoome f:1milica or other classifications whichor othor classifications
'lYhioh are deemed to be in the public interest.
B. Pursuant to California . Public Resources Code Sections
41900, et seq., the city may, by resolution of the city council,
impose fees on city generators to pay the actual costs incurred by
the city in preparing, adopting or implementing an integrated waste
management plan in accordance with state mandates.
C. The contract or franchise agent shall provide billing seNice
and be totally responsible for the collection of such fees, at the
same time and in the same manner asthe collection of charges for
refuse collection pursuant kl CVMC :.8.24.180. No person shall
.
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OrdiIJance No. -
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willfully fail, neglect or refuse, after demand by the contract or
franchise agent(s), to pay the fees provided for herein. (Ord. 2740
§ 3, 1998; Ord. 2492 § 1, 1992).
!L25.Q35 Radweed resiáeAtial sl/rÈlsiEle reeysliA§ sellestisR
rates.
The city ¡¡suns!1 considers tl:1at rosyclin§ ¡IS: a commldT1ity
TGspsRsibilit'¡ sritisal te effective waste FRana§eFFlent ami everüll
environmental seneìtivity, and that a reeie!entiaJ ourbsido rcsycling
progrofl'l moets the c6t¡;¡blishoe! oity !3e¡i~ of designing ree'lcling
¡aregrarmJ with ClttentioA Ie ¡aublic eenveRiencc. The oRy sOYRe!1 also
finds CIne! decklres that senior citizens am! Ie.,.: inseme he¡,¡sehelds
may be RnoFlsially 8,mienee! hs¡,¡e:ohelés which Rave éiffisl lties
securing the 83sio necossi:tios sf life. Thcrcfere, it is me irrtent that
3 method be ¡¡rovidod which woule Tßs\:Jlt iA 13 rcefblsee sslle¡¡tien
charge ror e:uch ¡¡ï:ëzOAe:, thoreby assisting the hS6Isehelé ana
providing a pa-rtici¡¡atien incan1ive. This redusad rate E:holl 8f3¡¡ly to
:3 !:enior citizen (ê2 years aTlel over) er a 10....' inceme h06lsohofd
which meet!: the tetal annual gress inGoFFle oriteria !,IssEi by the oily
ror determining reduced sewer !:crviee chargee.
Senior eitiz€ns whg a¡¡ply for md6lcoGf re¡¡idontial refuse sellectisn
charges :and ¡¡elf regulate "thair own tr:u:h collcstren csets ti:1rough
the city's single bag or eenbiner prs§ram. Oesupar:rts sf ¡¡remisos
E6IbjoGt to a G<lrI3side reeysfin§ charge fI'Iay rOE¡UeÐt a rod6lction Ei6le
to low income by filing a completed oity i3¡¡¡Jlisatian fon:n at any
time. UJ30n cortif.icatian sf eli§ibilit¡ 1;'1 the airector of f.inanee, the
E:anita,j' ccr:ise 'Nil I be netifielå to md¡,¡ce the roeyeling shargo in
time f-sr tho nox;t ro§ulariy soheåulod 13i1lin§ oyole. (Ord. 271Q § ð,
1995; 01'9. 2192 § 1, 1992; Ord. 2128 § 1, 1990).
8.25.040 Separation of recyclable materials, storage, and
containers.
A. The owner, operator, and/or occupant of any premises,
business establishment, industry, or' other property, vacant or
occupied, shall be rebuttably presumed to be the generators of, and
be responsible for the safe and sanitary s10rage of, all solid waste,
designated recyclables, and compost accumulated on the property.
The designated recyclables and compost shall be stored separately
from refuse. The property owner, operator, or occupant shall store
such solid waste, designated recyclables, and comþost on the
premises or property in such a man~ner so 8S not to consti1ute a fire,
health, or safety hazard, and shall ~~quire it to be handled in such a
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Ordinance No. -
Page 30
manner so as not. to promote the propagation, harborage, or
attraction of vectors, or the creation of litter or other nuisances.
B. A container or containers for designated recyc!ables shall be
provided by the contract or franchise agent(s) for any premises
generating residential or commercial recyclables, for· the exterior
collection of designated recyc!ables. Containers for industrial
recyclables shall be provided by the generator of the designated
recyclables, unless otherwise arranged through the city manager.
The containers shall effectively segregate the designated
recyclables from refuse.
C. AJI such containers to be used in the city's recycling programs
shall be approved by the city manager, in conjunction with the
contract or franchise agent(s) (or, in the case of industrial
recyclables, the generators of the industria] recyciables).
D. Designated recyclables shall be sorted according to type
andJor as established by program guidelines and placed in
separate containers, containers with segregated compartments, or
commingled (in one recycling container), as agreed upon by the city
manager and the contract or franchise agent(s). Containers, if more
than one, shall be grouped together and placed for collection at the
same time as when reguiar refuse collection occurs or at
designated recycling collection times (if different from refuse
collection) and at designated recycling collection locations.
, E.AII containers used for recycling purposes, storage or
collection, including commercia! and industrial recycling containers
used in CRY recycling programs as well as all other containers used
for recycling purposes whether owned or operated by a commercial
entity, nonprofit organization, or any other persons or entity, shall
be identified with the ·name and current telephone number of the
owner or the responsible agency or person. Commercial recycling
containers shall remain locked at all times in order to discourage
scavenging and prevent dumping of refuse in the container, unless
exempted by the city manager in conjunction with the contract or
. franchise agent(s).
F. Containers which do not comply with the requirements of this
section shall be presumed to be refuse and taken by the contract or
franchise agent(s) for disposal or potential use as salvaging or
recycling containers.
G. It shall be unlawful for any person to dispose, dump, or
otherwise place material other than designated recyclables in a
designated recycling container or at a designated recycling
collection or storage location.
H. Exemption. Designated recyclabJes which are source sorted
. by their generator for the purpose of r?cycling by selling them to a
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Ordinance No. -
Page 31
buy-back center or donating them to a city-licensed nonprofit or
community group conducting recycling programs for the purpose of
raising funds do not have to be placed in the designated recyding
container required by this section, nor placed in a designated
recycling collection location in accordance with this section. When
designated recyclables are received by a city-licensed nonprofit or
community group conducting recycling programs for the purpose of
raising funds they shall be stored and sorted in accordance with
this section and transported to 11 buy-back center for the purpose of
recycling. (Ord. 2740 § 3, 1998; Ord. 2492 § 1, 1992).
8.25.050 Mandatory recycling.
It shall be mandatory for all generators of residential, commercial,
and industrial recyclables in the city to separate from refuse, for
recycling purposes, all designated recyclables and otherwise
participate in recycling as described by this chapter. (Ord. 2740 § 3,
1998; Ord. 2492 § 1, 1992).
8,25.060 Recycling programs.
A. The city manager shall establish and promulgate reasonable
regulations, guidelines and other program-related specifies as to
the implèmentation of recycling programs for residential,
commercial, and industrial recycling, incìuding the method for
collection of designated recyclables.
B. Commercia! and Industrial establishments shall develop their
respective "in-house" recycling pians that provide for the collection
of designated recyclables in conjunction with the city's established
recycling programs. The city and the contract or franchise agent(s)
shall assist in program development, provide technical expertise,
and training materials.
C. Collection of recyclables from single-family residential units
shall minimaliy occur once weekly. For commercial and industrial
entities, collection shall be provided as needed to meet demand.
D. The city encourages use of buy-back centers, donation
centers (for used furniture and other reusable bulky items, and
nonprofIt agents), scrap dealers, home and commercial
composting, source reduction, and other creative, lawful and
environmentally sound efforts to reduce waste in accordance with
this chapter that do not conflict with any established or planned city-
sponsored recycling, composting or source reduction programs.
(Ord. 2740 § 3, 1998; Ord. 2492 § to 1992).
.
.
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Ordinance No. -
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8.25.070 Reports.
All commercial and ind u stria! establishments shall submit
recycling tonnage documentation on an annual basis to the city's
conservation coordinator, due on or before January 31st, for the
previous year. Annual reporting shall be on the form promulgated
by the city manager, and commence on the ñrst anniversary of the
date set forth in the mandatory recycling implementation schedule
as established in this chapter as July 1. 1993. Voluntary reporting
prior to the required mandatory recycling is encouraged. (Ord. 2740.
§ 3, 1998; Ord. 2492 § 1, 1992).
8.25.080 Scavenging.
A. It shall be unlawful for any person other than au1horized city
personnel or contract or franchise agent(s) to remove any
separated designated recyclable(s) or salvageable commodity from
any designated recycJing collection or s10rage location. or
designated recycling container. However, the original generator of
the designated recyclables may, for any reason, remove the
designated recyclables placed by said generator from the
designated recycling container or designated recycling collection or
storage location in which said generator had originally placed them.
B. It shall be unlawful for any person to disturb. modify, harm, or
otherwise tamper with any container or designated recycling
collection or storage location contairling designated recyclables, or
the contents thereof, or to remove any such container from the
location where the same was pi aced by the generator thereof, or to
remove the contents of any such container, unless authorized by
the generator of such designated recyclables or a duly authorized
city personnel or contract or franchise agent(s). Card. 2740 § 3,
1998; Ord. 2492§ 1,1992).
8.25.090 Gomposting.
A. Every establisher of a compo sting pile, bin, holding area or
other such composting system shall first obtain a permit from the
city, if the total volume used within the boundaries of the premi.ses
for composting is 15 cubic yards or greater.
B. Every composting pile, bin, holding area or other such
composting system shall be maintained so as to not create a public
or private nuisance through visual, odor, safety and/or other means,
or as prescribed in Chapter 19.66 CYMC. Without constituting a
limitation on the foregoing, no such c~mposting pile, bin, holding
,
2-32
Ordinance No. -
Page 33
area or other such composting system shall be maintained within
six feet from an exterior window, exterior door or other exterior
entrance to an inhabited residential structure other than one owned
by the owner of such composting system.
C. The owner, operator, or occupier of property containing a
composting pile, bin, hOlding area or other such composting system
that is greater than five feet high, five feet wide and five feet in
length shall weekly monitor temperature, through utilization of a
thennometer designed for such purposes.
D. No singie compost pile, bin, holding area or other such
composting system on a residential single-family (as defined in
Ordinance No. 2443) premises shall be more than fIVe feet in height
and/or greater than six feet in width or length. (Ord. 2740 § 3,1998;
Ord. 2589 § 1, 1994; Ord. 24~2 § 1, 1992).
8.25.100 Enforcement.
A. The city manager or designee is responsible for enforcing the
provisions of this chapter.
B. Types of materials included in designated recyclables may be
administratively deleted by the city manager under emergency
conditions (to include market failures), subject to formal ordinance
amendment approved by the city council, if such conditions persist.
C. Nothing in this chapter or its implementing regulations shall
prevent the city or its contract or franchise agent(s) from efforts to
obtain voluntary compliance by way of warning, notice of violation,
educational or other means. (Ord. 2740 § 3, 1998; Ord. 2492 § 1,
1992).
8.25.110 Severability.
If any provision, clause, sentence or paragraph of this chapter or
the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or
application of the provisions of this chapter which can be given
effect without the invalid provision or application, and to this end the
provisions of this chapter are hereby declared to be severable.
(Ord. 2740 § 3,1998; Ord. 2492 § 1,1992).
-
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING O?i\O~
CHULA VISTA MUNICIP.AL CODE SECTION 19~4d\~'O ~'O
REGULATE THE SPACE AJ..1.,OCA~~íY
TEMPORARY STORAGE, COLLECTION OADING OF
RECYCLABLE MATER.IALS AND SOLID WASTE IN
DEVELOPMENT PROJECTS
WHEREAS, in 1989 the California Integrated Waste Management Act (AB 939) required
cities and counties to divert 50% of their waste stream ftom landfills; and
WHEREAS, shortly after adopting AB93~, the State found that limited storage space
within existing facilities was a key deterrent to implementing effective municipal recycling
programs and accomplishing the mandated 50% diversion requirement; and
WHEREAS, to solve this problem, the Legislature passed AB 1327 (California Solid
Waste Reuse and Recycling Access Act of 1991) which required the California Integrated Waste
Management Board (CIWMB) to develop a model ordinance relating to adequate areas for
collection and loading of recyclable materials in development projects; and
WHEREAS, local agencies were required to adopt the model, or an ordinance of their
own by September 1, 1993; md
WHEREAS, if a local agency did not adopt its own ordinance, the model ordinance·
adopted by the CIWMB took effect and was to be enforced by the local agency.
WHEREAS, the City has not adopted its own ordinance, but wishes to do so now.
WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has detennined that
the activity is not a "project" as defined under Section 15378 of the State CEQA Guidelines,
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not
subject to CEQA.
NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain:
SECTION I. That Section 19.58.340 of the Chula Vista Municipal Code is amended to read as
follows:
(Redlined text is deleted; underlined is added)
19.58.340 +msh-Recyc1ing and solid waste storage.
A. All subdivisons or anv Ngew construction requiring a building permit and costing more
than $20.000 to construct ("qualifying project") shall include adequate. accessible. and
3-1
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Ordinance No.
Space Allocation
Page 2 of2
convenient areas dedicated for the ac<::umulation. temporary storage and removal of desi:::ed
recyclables and solid waste of strlietlFes iE. ad:! !E:1:1J..~ro fa:mily, 6ommereiaJ., æ:tà màustriaJ es
shadl æ~uire a pfsYisisR fer trask stI3Fa;j8. These recycling and solid waste areas shall be
enclosed within a minimum five-foot-high masonry wall or higher if deemed necessary by the
director of planning to adequately screen the tfasà.-area, built to standards adopted by the city for
a freestanding wall (#4 steel and fully grouted) and shall be designed to accommodate the trash
containers used by the ·1rasJi recycling and solid waste service company contracted with the city.
A wooden enclosure may be substituted for a waIl in the C-O zone and multiple-family zones by
the director ofplanning.
B. A Recvcling and Solid Waste P1an shall be submitted bv the applicants of any qualifving
project. Said Plan shall be reviewed and approved by the city mana~er or his/her designee. A
Plan must compl v with city and state solid waste and recvcling regulations/standards before it
can be apìJroved. Building permits may not be issued until the Plan is approved.
~. ~: ~~er 8: eenHriFters re.qa-ireà sRall 'se Hot less :Ban reEj~~eS: by the saffita~:;:~e
operator 6fI. tho sIte i3ßEl a Sj3eslÍÌed Ræ:B.ber bj' the ZSftHlg admæ±~tof fer adl 60 ¡ I,
indHStrial or ether òl5es as detormmed ey the aeB.lal HSO.
C. A Recycling and Solid Waste Planning Manual setting forth recvclin!$ and solid waste
sPace allocation reguJations. design standards. and guidelines shall be drafted by the city
manager and adopted bv the city council.
C. TI'aSR areas saan be kept .aeat a,¡¡d clear¡.
D._The precise location of any recycling and solid waste tmsh-area shall be approved by the
director of planning upon review of the site plan. Recycling and solid waste areas shall be
accessible and convenient to both the occupants and franchise hauler and shall only be used for
the temporary storage. collection and loading of solid waste and recyclables.
E._The trashRecycling and solid Waste enclosure§. shall be permanently maintained~
recvclinl< and solid waste areas shall be kept nea.t and clean: and approved Recycling and SoUd
Waste Plans sha.ll be adhered to and followed.
.
SECTION II. This Ordinance shall take effect and be in full force on the thirtieth day rrom and
after its adoption.
Submitted by: Approved as to form by:
~7.f-h. -
~chael11eacharn Arm Moore
Director of Conservation and City Attorney
Environmental Services mlQ171eylordinlmcelspace allocation
3-2
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. -------+-->- -----
COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: Februarv 1. 2005
ITEM TITLE: Resolution amending the FY05 Library
Department budget by appropriating a one-time unanticipated
donation revenue in the amount of $5,00~
SUBMITTED BY: Assistant City Manager/Library Director
REVIEWED BY: City Managerc¡;.~ (4I5ths Vote: YES X NO-!
Since July 1, 2004, the Library Department has received donations from various organizations
and individuals for the purchase of new books to add to the Library's collection.
STAFF RECOMMENDATION: That Council adopt the resolution amending the FY05
Library Department budget by appropriating a one-time unanticipated donation revenue in the
amount of $5,000 in supplies and services for book purchases.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
As part of its ongoing fund raising efforts, the Library conducted various direct mail solicitation
campaigns and other annual funding efforts. Donations in the amount of $5,000 were received
specifically to buy new library materials. The Department will be purchasing art books to
enhance the collection at the Civic Center Branch.
FISCAL IMPACT: The $5,000 in donated funds will be used to purchase approximately 250
new books for the Library.
4-1
RESOLUTION NO. 2005-
-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FY05 LIBRARY
DEPARTMENT BUDGET BY APPROPRIATING A ONE-TIME
UNANTICIPATED DONATION REVENUE IN THE AMOUNT
OF $5,000
WHEREAS, since July 1, 2004, the Library Department has received donations rrom
various organizations and individuals for the purchase of new books to add to the Library's
collection; and
WHEREAS, as part of its ongoing fund raising efforts, the Library conducted various
direct mail solicitation campaigns and other annual funding efforts; and
WHEREAS, donations in the amount of $5,000 were received specifically to buy new
library materials; and
WHEREAS, the Library Department will be purchasing art books to enhance the
collection at the Civic Center Branch.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby amend the FY05 Library Department budget by appropriating a one-time
unanticipated donation revenue in the amount of $5,000 in supplies and services for book
purchases.
Presented by Approved as to form by
~'{'"'~'{~~
David Palmer Ann Moore
Assistant City Manager City Attorney
J:\Attorney\Reso\Donation\Library - $5,000
4-2
. ".,..----------.-.-.-- - -----._-~.._._..,..-----_.._------~--_.-
COUNCIL AGENDA STATEMENT
Item S
Meeting Date: 2/1/05
- -
ITEM TITLE: Resolution Appropriating $485,000 from the
Available Balance of the General Fund to the Public
Liability Expense budget to cover anticipated costs and
expenses related to current public liability claims
through the end of the fIScal year
(4I5ths Vote: Yes _lC No _)
SUBMITTED BY: Director of Human Resources,1],~
City Attorney~\
REVIEWED BY: City Manage~
Annually, the City's budget includes funds to defend and to pay settlements on
claims against the City based on typical claims activity. Depending upon the
number and the complexity of claims received the cost to defend or settle them
may exceed the costs anticipated during budget preparation. Such is the case
this fiscal year. This appropriation will cover currently known claims expenses
through the end of the fiscal year.
RECOMMENDATION: That Council appropriate the necessa'Y funds via this
resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION: Each tort claim made against the City is reviewed by Risk
Management and the City Attorney on intake and monthly thereafter to evaluate
the City's liability and the potential ultimate cost to the City to defend or settle the
claim. These ultimate costs are reserved on paper as a future liability to the City.
It may take several years from the time a claim is filed against the City to the date it
is brought to full closure. Expenses relating to the claim will also occur over
multiple fiscal years. For this reason, it is difficult to know exactly when the
expenses will be incurred.
During the annual budget process, funds are appropriated to pay anticipated costs
and expenses related to liability claims against the City during that fiscal year.
These budget estimates are based on prior years' "normal" claims activity plus
anticipated unusual expenditures based on known claim exposures at the time the
budget is prepared. On occasion multiple claims will come to fruition earlier than
anticipated or claims of a magnitude not previously anticipated will occur.
>
5-1
_'_-'-0 m_._..______·~··___·,··~·_··,_··"____···~__.._
Item .5
Meeting Date: ---.J/1/05_
Page 2
Such is the case this fiscal year. As of December 2004, all appropriations for
public liability claims defense for the fiscal year have been exhausted. This is due
to some unusually complex ctaim defense requirements, all of which were
approved by prior Council actions. In order to continue to defend claims as
necessary through the end of the fiscal year an additional appropriation of
$485,000 is required.
FISCAL IMPACT: The original liability expense budget for the fiscal year was
$250,000. The net fiscal impact to the General Fund is $485,000 in FY 2005, for a
total Fiscal Year 2005 liability defense budget of $735,000. Some of these costs
may be reimbursed to the City upon favorable dissolution of the claims.
TAElte
5-2
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROPRIATING $485,000 FROM
THE AVAILABLE BALANCE OF THE GENERAL
FUND TO THE PUBLIC LIABILITY EXPENSE
BUDGET TO COVER ANTICIPATED COSTS AND
EXPENSES RELATED TO CURRENT PUBLIC
LIABILITY CLAIMS THROUGH THE END OF THE
FISCAL YEAR.
WHEREAS, annually, the City's budget includes funds to defend and to pay settlements on
claims against the City based on typical claims activity; and
WHEREAS, each tort claim made against the City is reviewed on intake and monthly
thereafter by Risk Management and the City Attorney to evaluate the City's liability for the claim
and the potential ultimate cost to the City to defend or settle the claim; and
WHEREAS, depending upon the number and complexity of claims received the cost to
defend or settle them may exceed the costs anticipated during budget preparation; and
WHEREAS, during the annual budget process, funds are appropriated to pay anticipated
costs and expenses related to liability claims against the City during that fiscal year; and
WHEREAS, these budget estimates are based on prior years' "normal" claims activity plus
anticipated unusual expenditures based on known claim exposures at the time the budget is prepared;
and
WHEREAS, on occasion multiple claims will come to rruition earlier than anticipated or
claims of a magnitude not previously anticipated will occur.
WHEREAS, as of December 2004, all appropriations for public liability claims defense for
the fiscal year have been exhausted due to some unusually complex claim defense requirements, all
of which were approved by prior Council actions; and
WHEREAS, in order to continue to defend claims as necessary through the end of the fiscal
year an additional appropriation of $485,000 is required; and
WHEREAS, the $485,000 will be appropriated rrom the available General Fund balance to
the public liability expense budget in the Human Resources/Risk Management (07730) budget.
,
,
5-3
.' ....-'.-.'"'."-..-.---.-.-.----...----- .. "'''''---''---.--..-....-,-,------
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby approve the appropriation of$485,000 rrom the available balance ofthe General Fund
to the Public Liability Expense budget to cover anticipated costs and expenses related to current
public liability claims through the end of the fiscal year.
Presented by Approved as to form by
~~~~\\~~\\
Marcia Raskin Ann Moore
Director of Human Resources City Attorney
J:\Attomey\RESO\Finance\HRappropriatioo - $485,000
5-4
COUNCIL AGENDA STATEMENT .~
Item £
Meeting Date 02/01/05
ITEM TITLE: A. Resolution of the City Council of the City
of ChulaVista, California, adopting an annexation map
showing territory proposed to be annexed to Community .
Facilities District No. 97-2 (Preserve Maintenance District)
and Improvement Area A thereto
B. Resolution of the City Council of the City
of Chula Vista, California, declaring its intention to
authorize the annexation of territory to Community
Facilities District No. 97-2 (Preserve Maintenance District)
and Improvement Area A thereto
SUBMITTED BY: Director of General Services/City Engineer 6k-
REVIEWED BY: . 01'- <V (4/5ths Vote: Yes_No-X)
City Manager 'pc' P\
McMillin Otay Ranch, LLC has requested the City conduct proceedings to consider the
annexation of territory into Improvement Area A of Community Facilities District No.
97 -2 (Preserve Maintenance District) (CFD 97-2). The conditions of approval of the
tentative map for Otay Ranch Town Center Planning Area 12 require that said annexation
be a condition of the first final map for the project. CFD 97-2 was formed in 1998 and
funds the maintenance of areas which have been conveyed to the preserve in accordance
with the Otay Ranch Resource Management Plan. The City has retained the services of
MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel
to provide assistance during the proceedings. Tonight's action will initiate the formal
proceedings to consider the annexation of Village 12 (McMillin Freeway Commercial) to
CFD No. 97-2, Improvement Area A.
RECOMMENDATION: That Council:
1. Approve the resolution adopting an annexation map showing territory proposed to
be annexed to Community Facilities District No. 97-2 (Preserve Maintenance
District) and Improvement Area A
,
6-1
--- '-"'-"--'------"'-------- -.---..- . ....--
Page 2, Item L
Meeting Date 02/01/05
2. Approve the resolution declaring the intention to authorize annexation of territory
to Community Facilities District No. 97-2 and Improvement Area A.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In July 1998, Council formed Community Facilities District No. 97-2 (Preserve
Maintenance District). CFD 97-2 was originally divided into two Improvement Areas,
Improvement Area A and Improvement Area B. Improvement Area A funds the costs of
the Resource Monitoring Program as well as Preserve Operations and Maintenance
within the boundaries of the Otay Ranch Preserve. Improvement Area B only funds the
Resource Monitoring Program within that same area.
Territory Proposed to be Annexed
The proposed boundaries of the territory proposed to be annexed to CFD No. 97-2,
Improvement Area A encompass the parcels located within Village 12 Freeway
Commercial owned by McMillin. Otay Ranch Town Center Planning Area 12 is
proposed to be a regional rreeway oriented commercial center and is proposed to contain
approximately 960,000 square feet of commercial use buildings on 86.1 gross and taxable
acres. Staff has reviewed the proposed annexation boundary map, identified as
Annexation Map No.4 to CFD 97-2, and has found it acceptable and ready for approval
by Council. A reduced copy of the map is presented in Exhibit "B".
Proposed Special Tax
The rate and method of apportionment of the special taxes authorized to be levied within
the existing boundaries of CFD 97-2 has four categories of taxation, as follows:
· Developed Parcels (Single Family and Multi-Family Residences) are taxed based
on the square footage of the structure. Commercial Parcels are taxed on the
acreage of the parcel.
· The Final Mapped properties which include all single family residential parcels
for which a building permit has not been issued are taxed on acreage of the parcel.
· Property not categorized as Developed or Final Mapped Property is taxed on
acreage of the parcel.
· The Exempt Category includes all publicly owned parcels and Homeowner's
Association parcels.
6-2
Page 3, Item 0
Meeting Date 02/01/05
Developed Parcels are those parcels for which a building permit has been issued. The
proposed maximum special tax rate in the rate and method of apportionment was
determined at the time offormation ofCFD 97-2 in 1998.
Collection of Taxes
At the beginning of each fiscal year the City shall determine the amount of the Special
Tax Liability (budget plus reserve) of each Improvement Area. Then, the special taxes
will first be levied within each of the Improvement Areas on the Developed Parcels
therein to fund the Special Tax Liability for such Improvement Area. If this pool of funds
is not enough to fund the Special Tax Liability for such Improvement Area, as may be the
case in the early years of development, the district will levy the special tax on the vacant
land within such Improvement Area starting with Final Mapped Property. The buffer of
having the vacant land covering any portion of the Special Tax Liability not funded rrom
special taxes levied on Developed Parcels within an Improvement Area will disappear
once the Improvement Area has been fully developed. If the Special Tax Liability for any
fiscal year for an Improvement Area is less than the maximum special tax authorized to
be levied on the Developed Parcels within such Improvement Area, the actual rate of the
special taxes to be levied on such Developed Property in that specific year will be
reduced accordingly.
Following is a brief discussion of some key issues regarding the "Rate and Method of
Apportionment (RMA) of Special Taxes" proposed to be established for territory
proposed to be annexed to CFD 97-2 and designated as Improvement Area A: (See
Exhibit "A" for full description ofRMA):
· The Maximum Special Tax Rates increases each year by a factor equal to the
lesser of the annual percentage change in the January to January San Diego
Metropolitan Area all Urban Consumer Price Index (All Items) or the annual
percentage change in the estimated California Fourth Quarter Per Capita Personal
Income as contained in the Governor's Budget published every year.
· The RMA provides that the annual budget for any year may include an amount
deemed necessary to maintain an adequate level of this operating reserve fund.
· The maximum special tax rates are based on the original Rate and Method of
Apportionment of special taxes established for CFD 97-2 when CFD 97-2 was
formed. If the actual square footage of development within Improvement Area A
meets or exceeds the projections on which the special tax rates were based, the
actual special tax rate necessary to be levied annually within Improvement Area A
to fund the Special Tax Liability for Improvement Area A may be less than the
authorized maximum special tax.
-
6-3
.-- ,-.._~--- _ __..__.__m.__.
Page 4, Item ~
Meeting Date 02/01/05
Proposed Maximum Special Taxes
The proposed maximum special tax rates for fiscal year 2004/05 for Improvement Area A
of CFD 97-2 are as follows:
Table 1. Maximum Special Tax for Monitoring
Special Tax Category Maximum Special Tax
Monitorin
$0.0057
$91.9458
$91.9458
$59.3419
Table 2. Maximum Special Tax for Operations & Maintenance
Special Tax Category Maximum Special Tax
o erations & Maintenance
$0.0090
$145.9707
$145.9707
$94.2100
Resolutions
There are two resolutions on today's agenda, which, if adopted, will accomplish the
following:
The RESOLUTION ADOPTING THE ANNEXATION MAP is the formal action
adopting the Annexation Map No.4 setting forth the boundaries of the territory proposed
to be annexed to Community Facilities District No. 97-2 (Preserve Maintenance District)
and Improvement Area A.
The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the
intention of the City Council to authorize the annexation of the territory within
Annexation Map No.4 to Community Facilities District No. 97-2 (Preserve Maintenance
District)and Improvement Area A, thereto, to authorize the levy of a Special Tax, and to
set the time and place for the public hearing.
.
6-4
Page 5, Item ~
Meeting Date 02/01105
Future Actions
The public hearing and consideration of the adoption of a resolution submitting the
authorization for the levy of special taxes to the qualified electors are scheduled for the
City Council meeting of Apri112, 2005, at 6:00 P.M.
FISCAL IMPACT
All costs of annexation to the district are being borne by the developers and the on-going
administration will be funded entirely by the district. The City will recover the full cost of
staff cost involved in the annexation proceedings and district administration in perpetuity.
Exhibits:
"A" Rate and Method of Apportionment
"B" Annexation Map
J:\Engineer\LANDDEV\CFD's\Preserve District Annexations\Al 13lntent Meeting 97-2 02.01.05.doc
6-5
... _..- H_ .__._._.___.._.__.____..____..__..____...._
EXHIBIT À
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2, ANNEXATION NO.4
RATE AND METHOD OF APPORTIONMENT
IMPROVEMENT AREA A
(Village 12, McMillin Freeway Commercial)
A Special Tax of Community Facilities District No. 97-2 (preserve Maintenance District) of
the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area
A, Annexation No.4, of the CFD and collected each Fiscal Year commencing in Fiscal Year
2005-06 in an amount determined through the application of the rate and method of
apportionment of the Special Tax set forth below. All of the real property in the CFD, unless
exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent
and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map,
the land area shown on the applicable Final Subdivision Map, other final map, other
parcel map, other condominium plan, or functionally equivalent map or instrument
recorded in the Office of the County Recorder. The square footage of an Assessor's
Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Part 1, Division 2 of Tide 5 of the Government Code of the State of
California.
"Administrative Expenses" means the actual or estimated costs incurred by the City,
acting for and on behalf of the CFD as the administrator thereof, to determine, levy
and collect the Special Taxes, including salaries of City employees and a proportionate
amount of the City's general administrative overhead related thereto, and the fees of
consultants and legal counsel providing services related to the administration of the
CFD; the costs of collecting installments of the Special Taxes; and any other costs
required to administer Area A of the CFD as determined by the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
City af Chula Vista 12/14/04
CFD No. 97-2. Annexation No.4, IA A, Village 12 (McMillin Freeway Commercial) Pagel
6-6
-------..- -_._".~-_..._.. .-.--.----_._---_.,--
"Assessor's Parcel Map" means an official map of the Assessor of the County
designating parcels by assessor's parcel number.
"Building Square Foot or Square Footage" means the square footage as shown on an
Assessor's Parcel's building permit of Residential Properry excluding garages or other
structures not used as living space.
"CFD Administrator" means an official of the City, or designee thereof, responsible
for determining the Special Tax Requirement and providing for the levy and collection
of the Special Taxes.
"CFD" means Community Facilities District No. 97·2 of the City of Chula Vista.
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her
designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's
Parcels which are classified as community purpose facilities and meet the requirements
of City of Chula Vista Ordinance No. 2452.
"Council" means the City Council of the City of Chula Vista, acting as the legislative
body of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was
issued prior to the March 1st preceding the Fiscal Year in which the Special Tax is
being levied.
"Final Map Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating single family
residential buildable lots by recordation of a final subdivision map or parcel tnap
pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.), or recordation of a condominium plan pursuant to California Civil Code 1352,
that creates individuallots for which building permits may be issued without further
subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the
Special Taxis being levied.
City of Chula Vista 12//4/04
CFD No. 97·2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercial) Page 2
,
6-7
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area A" or "Area A" means Improvement Area A of the CFD, as
identified on the boundary map for the CFD as amended from time to time.
"Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance
with Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of
Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for
which a building permit(s) has been issued for a structure or structures for non-
residential use.
"Operating Fund" means a fund that shall be maintained within the CFD for each
Fiscal Year to pay for Resource Monitoring and/or Preserve Operations and
Maintenance activities and Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the
end of the preceding Fiscal Year.
"Operating Fund Requirement" means for any Fiscal Year an amount equal to the
Resource Monitoring Fund Requirement and the Preserve Operations and
Maintenance Fund Requirement for the current Fiscal Year in which Special Taxes are
levied.
"Preserve Operations and Maintenance" means those activities described In
Attachment A hereto which is incorporated herein by this reference.
"Preserve Operations and Maintenance Fund Requirement" means for any Fiscal
Year an amount equal to the budgeted costs for Preserve Operations and Maintenance
plus a pro-rata share of the budgeted Administrative Expenses of the District for the
current Fiscal Year in which Special Taxes are levied.
"Property Owner Association Property" means any property within the boundaries
of Area A of the CFD that is owned by, or irrevocably dedicated as indicated in an
instrument recorded with the County Recorder to, a property owner association,
including any master or sub-association.
"Public Property" means any property within the boundaries of Area A of the CFD
that is, at the time of the CFD formation, expected to be used for any public purpose
City of Chu/a Vista 12/14/04
CFD No. 97-2, Annexation No.4, IA A, Village 12 (McMillin Freeway CommerdaV Page3
6-8
- -_._....._._---~.._..._"- ".....-.._._~-_..._----
and is owned by or dedicated to the federal government, the State, the County, the
City or any other public agency.
"Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year
to provide necessary cash flow for the first six months of each Fiscal Year, working
capital to cover monitoring, maintenance and repair cost overruns and delinquencies in
the payment of Special Taxes and a reasonable buffer to prevent large variations in
annual Special Tax levies.
"Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of
the preceding Fiscal Year.
"Reserve Fund Requirement" means an amount equal to up to 100% of the
Operating Fund Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which
a building permit(s) has been issued for purposes of constructing one or more
residential dwelling unit.
"Resource Management Plan" means the Otay Ranch Phase 1 Resource Management
Plan also referred to as "The Otay Ranch Resource Management Plan" dated October
28, 1993, and the Otay Ranch Phase 2, Resource Management Plan dated June 4, 1996,
as both such plans may be amended from time to time.
"Resource Monitoring Program" means those described in Attachment B hereto
which is incorporated herein by this reference.
"Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for
Improvement Area A equal to Improvement Area A's fair share of the budgeted costs
of the Resource Monitoring Program plus a pro rata . share of the budgeted
Administrative Expenses of the CFD for the current Fiscal Year in which Special
Taxes are levied. Improvement Area A's "fair share" shall be based on Improvement
Area A's percentage of the total acreage within the Otay Ranch General Development
Plan Planning Area for which a Resource Monitoring Program funding mechanism has
been established.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C
and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and
Undeveloped Property in Area A to fund the Special Tax Requirement.
City of Chu/a Vista 12/14/04
CFD No. 97-2, Annexation No.4, IA A, Village 12 (McMillin Freeway Commercial) Page 4
,
6-9
"Special Tax Requirement" means that amount required in any Fiscal Year for Area
A to: (i) pay the Resource Monitoring Fund Requirement, and Preserve Operations
and Maintenance Fund Requirement, less the Operating Fund Balance, and (ü) pay
any amounts required to establish or replenish the Reserve Fund to the Reserve Fund
Requirement; (iii) pay for reasonably anticipated delinquent Special Taxes based on the
delinquency rate for Special Taxes levied in the previous Fiscal Year.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of Area
A of the CFD that are not exempt from the Special Tax pursuant to law or as defined
below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property.
City of Ch.Za Vista 12/14/04
CFD No. 97·2, Annexation No.4, IA AJ Village 12 (McMillin Freeway Commercial) Page 5
6-10
..--., ...~-. .....-.-.-.-----.-.---..-...--
B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Taxable Property within Area A of
the CFD shall be classified as Category I, Category II, Category ill or Exempt.
Developed Property, Final Map Property or Undeveloped Property, and shall be
subject to Special Taxes pursuant to Sections C and D below. Developed Property
shall be further assigned to a Land Use Class as specified in Table 1.
C. MAXIMUM SPECIAL TAX RATE
Category I
Category I includes Developed Property within the District ("Category I").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance for Fiscal Year 2004-05 on Developed Property are the rates set forth in
Table 1 below. For Residential Property, the Special Tax shall be levied based upon
Building Square Footage and for Non-Residential Property shall be levied based on
Acreage.
TABLE 1
Maximum Special Tax for Category I
Community Facilities District No. 97-2
Improvement Area A
(Fiscal Year 2004-05)
Description Resource Operation &
Monitoring Maintenance
Residential $0.0057 $0.0090
Non-Residential $91.9458 $145.9707
Category II
Category II includes each Assessor's Parcel of Taxable Property within the District for
which a Final Map has been recorded, but which is not classified as a Developed Parcel
("Category II").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance approved for Fiscal Year 2004-05 on each Assessor's Parcel in Category II
City of Chu/a Vista 12/14/04
CFD No, 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercial) Page 6
6-11
is the rate set forth in Table 2 below (said amount to be levied pro rata for any portion
of an Acre).
TABLE 2
Maximum Special Tax for Category II
Community Facilities District No. 97-2
Improvement Area A
(Fiscal Year 2004-05)
Resource Monitorin o eration & Maintenance
$91. 9458 er Acre $145.9707 er Acre
Category III
Category ill includes each Parcel of Taxable Property within the District not subject
to Special Tax under any other category ("Category ill").
The Maximum Special Tax approved for Fiscal Year 2004-05 on Taxable Property
within Category ill is the rate set forth in Table 3 below (said amount to be levied pro
rata for any portion of an Acre).
TABLE 3
Maximum Special Tax for Category III
Community Facilities District No. 97-2
Improvement Area A
(Fiscal Year 2004-05)
Resource Monitorin o eration & Maintenance
$59.3419 er Acre $94.2100 er Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered
for dedication to a public agency, or land which is in the public right-of-way,
unmanned utility easements which make utilization for other than the purpose set
forth in the easement impractical, common areas, private streets and parks, and open
space lots ("Exempt Category").
City of Chula Vista 12/14/04
CFD No. 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commerdal) Page 7
6-12
_._-_..~_...._-_.._._.
Special Cases
In some instances an Assessor's Parcel of Developed Property may contain more than
one Land Use Class and be considered" Special Case". The Maximum Special Tax that
may be levied on an Assessor's Parcel identified as Special Case shall be the sum of the
Maximum Special Tax levies that may be levied on all Land Use Classes located on that
Assessor's Parcel. The CFD Administrator's shall determine the allocation to each
Land Use Class.
Annual Escalation of Maximum Special Tax
The Maximum -Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in Area A shall be increased each Fiscal Year beginning in Fiscal Year
2005-06 for Annexation No. 4 and thereafter by a factor equal to the lesser of the
annual percentage change in the January to January San Diego Metropolitan Area all
Urban Consumer Price Index (All Items) or the annual percentage change in the
estimated California Fourth Quarter Per Capita Personal Income as contained in the
Governor's Budget published every year.
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2005-06, and for each following Fiscal Year, the
Council shall levy the Area A Special Tax at the rates established pursuant to steps 1
through 4 below so that the amount of the Special Tax levied equals the Special Tax
Requirement. The Special Tax shall be levied each Fiscal Year as follows:
Step 1: Determine the revenue which could be generated by Parcels assigned to
Category I by multiplying the Building Square Footage for Parcels classified as
Residential Parcels by the Maximum Special Tax per Building Square Foot for
Resource Monitoring, and Preserve Operations and Maintenance for Parcels and
adding to that the maximum revenue which could be generated by multiplying the
total acres for Parcels classified as Non-Residential Parcels by the Maximum Special
Tax per Acre for Resourc'e Monitoring and Preserve Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special
Tax Liability for Improvement Area A, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy for the Fiscal Year is equal to the Special
Tax Liability for the Fiscal Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability
for Improvement Area A, a Special Tax shall be levied upon each Parcel within
City of Chu/a Vista 12/14/04
CPD No. 97-2, Annexation No.4, IA A, Village 12 (McMillin Freeway Commercial) Page 8
6-13
Improvement Area A, classified as Category n. The Special Tax for Parcels assigned to
Category II shall be calculated as the lesser of:
(i) The Special Tax Liability for Improvement Area A as determined by the
City, less the total revenue generated for all Parcels under Step 1 above,
divided by the total Acres for all Parcels within Improvement Area A
assigned to Category II,
OR
(ii) The Maximum Special Tax rate for Parcels assigned to Category n.
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax
Liability, for Improvement Area A, a Special Tax shall be levied upon each Parcel
within Improvement Area A classified as Category ill. The Special Tax for Parcels
assigned the Category ill shall be calculated as the lesser of:
(i) The Special Tax Liability for Improvement Area A as determined by the
City, less the total revenue generated for all Parcels under Step 1 and 3
above, divided by the total Acres for all Parcels within Improvement
Area A assigned to Category ill,
OR
(ü) The Maximum Special Tax rate for Parcels assigned to Category ill and
within Improvement Area A.
However, in the event it is determined that the Special Tax Liability for Improvement
Area A includes delinquent Special Taxes from Parcel in Category ill from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such Parcels and identify the owner(s). The amount of delinquent Special Taxes, if any,
that arose from the applicable owner(s) shall first be divided by the total Category ill
Acres owned by such owner(s) and collected from the applicable owner(s) with the
remaining portion of the Special Tax Liability not related to delinquent Special Taxes
to be collected from all Parcels in Category ill according to the procedure set forth in
the preceding paragraph.
Notwithstanding the above, under no circumstances will the Special Tax levied against
any Assessor's Parcel of Residential Property or Multi-Family Property for which an
occupancy permit for private residential use has been issued be increased by more than
City of Chu/a Vista 12/14/04
CPD No. 97-2, Annexation No.4, fA A. Village 12 (McMillin Freeway Commercial) Page 9
,
6-14
--...--.. --....--.,..".---.,---.------.-------..,..-----
ten percent annually up to the Maximum Special Tax as a consequence of delinquency
or default by the owner of any other Assessor's Parcel within Area A of the CFD.
E. APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of
the Special Tax levied on their Assessor's Parcel is in error shall first consult with the
CFD Administrator regarding such error. If following such consultation, the CFD
Administrator determines that an error has occurred, the CFD Administrator may
amend the amount of the Special Tax levied on such Assessor's Parcel. If following
such consultation and action, if any by the CFD Administrator, the landowner or
resident believes such error still exists, such person may file a written notice with the
City Clerk of the City appealing the amount of the Special Tax levied on such
Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a
copy of such notice to the City Manager who shall establish as part of the proceedings
and administration of the CFD, a special three-member Review! Appeal Committee.
The Review! Appeal Committee may establish such procedures, as it deems necessary
to undertake the review of any such appeal. The Review! Appeal Committee shall
interpret this Rate and Method of Apportionment and make determinations relative to
the annual administration of the Special Tax and any landowner or resident appeals, as
herein specified. The decision of the Review! Appeal Committee shall be final and
binding as to all persons.
F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner
and at the same time as ordinary ad valorem property taxes; provided, however, that
the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at
a different time or in a different manner if necessary to meet the financial obligations
of Area A of the CFD or as otherwise determined appropriate by the CFD
Administrator.
G. TERM OF SPECIAL TAX
Taxable Property in Area A of the CFD shall remain subject to the Special Tax in
perpetuity.
City of Chu/a Vista 12/14/04
CFD No. 97-2, Annexat£on No.4, fA A, Village 12 (McMillin Freeway Commercial) Page10
6-15
.
Attachment A
Description of Preserve Operations and Maintenance
Preserve Operations and Maintenance includes the maintenance, operation and
management of the public or private property within boundaries of the Otay Ranch Preserve,
as such boundaries may be modified from time to time, required by the Resource
Management Plan to be maintained as open space or habitat preservation land or both. Such
maintenance, operations and management shall include, but not be limited to, the following:
· Preserve Maintenance. Development, implementation and ongoing provision of
programs to maintain, operate and manage preserve habitat values through: cultivation,
irrigation, trimming, spraying, fertilizing, and; or treatment of disease or injury; removal of
trimmings, rubbish, debris and other solid waste; maintenance of trails; removal and control
of exotic plant species (weeds); and control of cowbirds through trapping.
· Security. Development, implementation and ongoing provision of security
programs to: enforce "no trespassing" rules; curtail activities that degrade resources, such as
grazing, shooting, and illegal dumping; remove trash, litter, and other debris; control access;
prohibit off· road traffic; and maintain fences and trails.
· Preserve improvements: Acquire equipment and; or install improvements
necessary to maintain, operate and manage the open space and habitat preservation land
described above.
The above description of the Preserve Operations and Maintenance is general in nature. The
actual maintenance, operations and management of the open space and habitat preservation
land within the Otay Ranch Preserve may be modified from time to time as necessary in
order to effectively provide such services in compliance with the requirements of the
Resource Management Plan.
City of Cbula Vista 12/14/04
CFD No. 97-2, Annexation No.4. IA A. Village 12 (McMillin Freeway Commercial) Page 11
6-16
-"- _._,--~. ._-_.._--~_.~--.---~'..'-.-..--
Attachment B
Description of Resource Monitoring
Implement the annual biota monitoring and reporting program consistent with the
Resource Management Plan to identify changes in the quality and quantity of preserve
resources including wildlife species, sensitive plants and sensitive habitat types.
The above description of the Resource Monitoring. is general in nature. The actual
monitoring and reporting program may be modified from time to time as necessary in order
to effectively provide such services consistent with the requirements of the Resource
Management Plan.
City of Chula Vista 12/14/04
CFD No. 97-2, Annexation No.4, fA A, Village 12 (McMillin Freeway Commercial) Page 12
:
6-17
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6-18
----~------------- -------+-----
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ADOPTING AN
ANNEXATION MAP SHOWING TERRITORY PROPOSED
TO BE ANNEXED TO COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT) AND IMPROVEMENT AREA "A" THERETO
(ANNEXATION NO.4)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, ("City Council"), fOrIíled a Community Facilities District and certain
improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Govemment Code of
the State of California (the "Act"), and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3,
5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Law"). The
Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT
NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement
Areas were designated as IMPROVEMENT AREA "A" and IMPROVEMENT AREA "B" of
such District ("Improvement Area 'A'" and "Improvement Area 'B"', respectively); and,
WHEREAS, the City Council desires to initiate proceedings to annex certain
property to the District and Improvement Area "A" thereof; and
WHEREAS, there has been submitted a map entitled "Annexation Map No.4 To
Community Facilities District No. 97-2 (Preserve Maintenance District), Improvement Area "A",
City Of Chula Vista, County Of San Diego, State Of California" (the "Annexation Map")
showing the territory proposed to be annexed to the District and Improvement Area "A" thereto
(the "Territory").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Annexation Map showing the Territory proposed to be
annexed to the District and Improvement Area "A" thereto and to be subject to the levy of a
special tax is hereby approved and adopted.
SECTION 3. A certificate shall be endorsed on the original and on at least one
(1) copy of Annexation Map, evidencing the date and adoption of this Resolution, and within
fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on
the intention to annex or extent of the annexation to the District and Improvement Area "A"
thereto, a copy of such map shall be filed with the; correct and proper endorsements thereon with
6-19
..-..-...---.---.----.-.--. ----- --..-
the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and
Highways Code of the State of California.
PREPARED BY: APPROVED AS TO FORM BY:
dot 1>. MwLL
Jack Griffin Ariñ Moore
Director of General Services City Attorney
;
6-20
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION
TO AUTHORIZE THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 97-2 (pRESERVE
MAINTENANCE DISTRICT) AND IMPROVEMENT AREA
"A" THERETO
(ANNEXATION NO.4)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, ("City Council"), formed a Community Facilities District and designated certain
improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of
the State of California (the "Act"), and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3,
5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Law"). The
Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT
NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement
Areas were designated as IMPROVEMENT AREA "A" and IMPROVEMENT AREA "B" of
such District ("Improvement Area 'A'" and "Improvement Area 'B"', respectively); and,
WHEREAS, the District was formed for the purpose of fmancing the monitoring,
maintenance, operation and management of public property required to be maintained as open
space or habitat preservation or both; and
WHEREAS, Improvement Area "A" was established to finance Preserve
Operations and Maintenance plus a pro-rata share of Administrative Expenses of the District as
such terms are defined in the rate and method of apportionment of special taxes (the "Special
Tax Formula") attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, certain territory is proposed to be annexed to the District and
Improvement Area "A" thereto and such territory shall be known and designated as
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT), IMPROVEMENT AREA "A," ANNEXATION NO.4 (the "Territory").
WHEREAS, this legislative body now desires to proceed to adopt its Resolution
of Intention to annex the Territory to Improvement Area "A", to describe the territory included
within Improvement Area "A" and the Territory proposed to be annexed thereto, to specify the
services to be financed rrom the proceeds of the levy of special taxes within the Territory, to set
and specify the special taxes that would be levied within the Territory to fmance such services,
and to set a time and place for a public hearing relating to the annexation of the Territory to the
Improvement Area "A"; and,
WHEREAS, a map showing the Territory proposed to be annexed has been
submitted, which map has been previously approved and a copy of the map shall be kept on file
RVPUBIMUM\686774.2 6-21
1
._,---,-~._-_._._--- ...._..,...._.._._...~-_._---._._-_._~~--.~-,._-- ----
with the transcript of these proceedings.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all true and correct.
LEGAL AUTHORITY
SECTION 2. These proceedings for annexation are initiated by this City Council
pursuant to the authorization of the Community Facilities District Law.
INTENTION TO ANNEX; DESCRIPTION OF TERRITORY
SECTION 3. This legislative body hereby determines that the public
convenience and necessity requires that the Territory be added to the District and Improvement
Area "A" thereto and this City Council declares its intention to annex the Territory to the District
and Improvement Area "A" thereto.
A description of the boundaries and Territory proposed to be annexed is as follows:
All that Territory proposed to be annexed to the District and
Improvement Area "A" thereto, as such property is shown on a
map as previously approved by this legislative body, such map
designated by the number of the annexation and the name of the
existing District, a copy of which is on file in the Office of the City
Clerk and shall remain open for public inspection.
A general description of the territory included in the District is hereinafter described as
follows:
All that property and territory as originally included within and
previously annexed to the District, as such property is shown on
maps of the original District and territory previously annexed as
approved by this City Council and designated by the name of the
original District and Annexation Nos. 1 through 3. A copy of such
maps are on file in the Office of the City Clerk and have also been
filed in the Office of the County Recorder.
NAME
SECTION 4. The proposed annexation shall be known and designated as
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
. DISTRICT), IMPROVEMENT AREA "A," ANNEXATION NO.4.
SERVICES AUTHORIZED TO BE FINANCED BY THE DISTRICT
SECTION 5. The services that are: authorized to be financed by the District rrom
the proceeds of special taxes levied within Improvement Area "A" are certain services which are
in addition to those provided in or required for the territory within Improvement Area "A" and
RVPU8\MUM\686774.2 6-:1-2
will not be replacing services already available. A general description of such services to be
financed by the District is as follows:
The monitoring, maintenance, operation and management of public
property in which the City has a property interest and which
conforms to the requirements of the Ordinance or private property
within the Otay Ranch Preserve which is required by the Preserve
OwnerlManager to be maintained as open space or for habitat
. maintenance or both. Such property may be located outside the
boundaries of the District and outside the jurisdictional boundaries
of the City of Chula Vista. Such services shall not include the
maintenance, operation and/or management of any property
owned, maintained, operated and/or managed by the federal and/or
state government as open space, habitat maintenance and/or for
any other purpose.
The District shall finance all direct, administrative and incidental annual costs and
expenses necessary to provide the such monitoring, maintenance, operation and management of
such public property.
The same types of services which are authorized to be financed by the District
rrom the proceeds of special taxes levied within Improvement Area "A" are the types of services
to be provided in the Territory. If and to the extent possible such services shall be provided in
common within the District and the Territory.
SPECIAL TAXES
SECTION 6. It is the further intention of this City Council body that, except
where funds are otherwise available, a special tax sufficient to pay for such services and related
incidental expenses authorized by the Community Facilities District Law, secured by recordation
of a continuing lien against all non-exempt real property in the Territory, will be levied annually
within the boundaries of such Territory. For further particulars as to the rate and method of
apportionment of the proposed special tax, reference is made to the attached and incorporated
Exhibit "A" (the "Special Tax Formula"), which sets forth in sufficient detail the method of
apportionment to allow each landowner or resident within the proposed Territory to clearly
estimate the maximum amount that such person will have to pay.
The special tax proposed to be levied within the Territory shall be equal to the
special tax levied to pay for the same services in Improvement Area "A," except that a higher or
lower special tax may be levied within the Territory to the extent that the actual cost of providing
the services in the Territory is higher or lower than the cost of providing those services in
Improvement Area "A." Notwithstanding the foregoing, the special tax may not be levied at a
rate which is higher that the maximum special tax authorized to be levied pursuant to the Special
Tax Formula.
The special taxes herein authorized, to the extent possible, shall be collected in
the same manner as ad valorem property taxes and shall be subj ect to the same penalties,
procedure, sale and lien priority in any case of délinquency as applicable for ad valorem taxes.
Any special taxes that may not be collected on the County tax roll shall be collected through a
RVPUB\MUM\686774.2 6-;3
.,---. ------,", --- .---...----...".-.... ...- -_.~_..._-
direct billing procedure by the Treasurer.
The maximum special tax rate in Improvement Area "A" shall not be increased as
a result of the annexation of the Territory to Improvement Area "A."
PUBLIC HEARING
SECTION 7. NOTICE IS GIVEN THAT ON APRIL 5, 2005, AT THE HOUR
OF 6:00 PM CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE
BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA,
CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS LEGISLATIVE
BODY WILL CONSIDER THE AUTHORIZATION FOR THE ANNEXATION OF THE
TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA "A" THERETO, THE
PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX TO BE
LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS AS SET FORTH IN
THIS RESOLUTION OF INTENTION.
AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED
PERSONS FOR OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE
LEVYING OF SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD.
AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED
ANNEXATION OF THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE
TERRITORY OR ANY OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY
BE MADE ORALLY BY ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO
THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING
AND SHALL CLEARLY SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH
OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY
CLERK. PRIOR TO THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN
PROTESTS MAY BE WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF
THE PUBLIC HEARING.
MAJORITY PROTEST
SECTION 8. If (a) 50% or more of the registered voters, or six (6) registered
voters, whichever is more, residing within the District, (b) 50% or more of the registered voters,
or six (6) registered voters, whichever is more, residing within the Territory, (c) owners of one-
half or more of the area of land in the territory included in the District, or (d) owners of one-half
or more of the area of land included in the Territory, file written protests against the proposed
annexation of the Territory to the District in the future and such protests are not withdrawn so as
to reduce the protests to less than a majority, no further proceedings shall be undertaken for a
period of one year rrom the date of the decision by the City Council on the issue discussed at the
public hearing.
ELECTION
SECTION 9. Upon the conclusion of the public hearing, if the legislative body
determines to proceed with the annexation, a proposition shall be submitted to the qualified
electors of the Territory. The vote shall be by registered voters within the Territory; however, if
RVPUB\MUM\686774.2 6-24
4
.
there are less than 12 registered voters, the vote shall be by landowners, with each landowner
having one vote per acre or portion thereof within the Territory.
NOTICE
SECTION 10. Notice of the time and place of the public hearing shall be given
by the City Clerk by publication in the legally designated newspaper of general circulation, said
publication pursuant to Section 6061 of the Government Code, with said publication to be
completed at least seven (7) days prior to the date set for the public hearing.
PREPARED BY: APPROVED AS TO FORM BY:
h~ f /ttJL
Jack Griffin
Director of General Services
R VPUBlMUM\686774.2 6-~5
------ ._....._---,----_.__..._.._---_._~-~._----
COUNCIL AGENDA STATEMENT
Item No. 1-
Meeting Date: 2/01/05
ITEM TITLE: Report on the Application for the formation of Community Facilities District
No. 13-I (Otay Ranch Villages Two and Seven)
Resolution of the City Council of the City ofChula Vista,
California, approving the initiation of proceedings to consider the formation
of proposed Community Facilities District No. 13-I (Otay Ranch Villages
Two and Seven) for a portion of Village Seven of the Otay Ranch and
approving the form of a Reimbursement Agreement with Otay Project, LP
SUBMITTED BY: Director of General Services/City Engineer 6K
REVIEWED BY: City Manager fa fr 'J~ (4/5ths Vote: Yes_No~
In compliance with Council Policy, Otay Project, LP has submitted an Application for establishing
Community Facilities District No. 13-I (Otay Ranch Villages Two and Seven) ("CFD-13-I") to fund
the acquisition or construction of certain public improvements serving Chula Vista and development
improvements serving the Otay Proj ect, LP. properties in the amount of approximately $ 100 million.
This amount may change as a result of detailed analyses to be performed during district formation.
Staff has reviewed the Application and determined that the financial information provided is
preliminary and general in nature and that a complete analysis on the financial feasibility of the
project cannot be made at this time. Staffbelieves, however, that adequate information and analysis
will be generated during district formation for evaluating the developer's financial ability to bring the
project to completion in compliance with City's criteria. Therefore, staff is recommending that
Council accept the report and initiate the formal proceedings for the proposed CFD-13-L
The City's Statement of Goals and Policies Regarding the Establishment of Community Facilities
Districts (the "Goals and Policies") requires that all City and consultant costs incurred in the
evaluation of applications and the proceedings to form a community facilities district and issue
special tax bonds therefor will be paid by the applicant by advance deposit with the City of moneys
sufficient to pay all such costs. A Community Facilities District Reimbursement Agreement (the
"Reimbursement Agreement") by and between the City and Otay Proj ect L.P. requiring Otay Project
L.P. to advance all costs incurred by the City in undertaking the proceedings to consider the
establishment ofCFD 13-I and the issuance of bonds for CFD 13-I consistent with the requirements
of the Goals and Policies has been prepared
Tonight, Council will consider authorizing the initiation of the proceedings to consider the formation
of this CFD-13-I, providing direction to City staff to proceed with the necessary steps to consider
such formation and approving the Reimbursement Agreement.
RECOMMENDATION:
7-1
_u._"___,____o___,,, ___ __.._.____..~..~._~~__.~~__._____
Page 2, Item No. ~
Meeting Date: 2/01/05
It is recommended that Council: 1) Accept the report on the Application for the formation of CFD -
13-I; and 2) Adopt the resolution initiating proceedings for the formation ofCFD-13-I and approving
the form of a Community Facilities District Reimbursement Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The "Mello-Roos Act" allows for the creation of Community Facilities Districts and the issuance of
bonds to provide for financing the construction and/or acquisition of public facilities needed for the
City or development. Any public facilities, which the City may own, operate or contribute money
to, and which have a useful life of five or more years, are eligible to be financed through a CFD.
Debt services on the bonds are met through the imposition of a Special Tax (explicitly not ad
valorem) on properties solely within the CFD. The special tax is collected with the property taxes.
There is no direct cost to the City.
Expenses related to the ongoing district administration (including levying and collecting the special
taxes) are to be funded by the CFD. The ultimate security behind the bonds would be the properties
located within the CFD, not the City's General Fund or its ability to tax property within its
jurisdiction.
Over the course of the past year, Council has approved agreements with the financing team to be
utilized in the processing of this type of Community Facilities District. Agreements are with the
professional consulting teams of McGill Martin Self, Inc. (Special Tax Consultant and Project
, Management), Best, Best & Krieger LLP (Bond Counsel), Stone & Youngberg LLC (Underwriters),
Fieldman, Rolapp, & Associates (Financial Advisor), and Stradling Yocca Carlson & Rauth
(Underwriter's Counsel) to provide services related to inrrastructure financing. In addition, Council
has approved Bruce Hull & Associates (Appraiser) and Hanley Wood Market Intelligence (formerly
known as The Meyers Group) (Market Absorption) as support to the financing team.
The selection of the consultant team and their proposed fees are comparable to those charged for
existing financing districts and will have no direct impact on the General Fund or the City, but will
be funded by the developer and/or property owners in proportion to the relative benefits received
from the improvements being financed.
.
Tonight's agenda will start the formation process and set in motion the required steps and schedules
for the authorization to levy special tax taxes with the CFD and to incur a bonded indebtedness of the
CFD payable rrom the proceeds of such special taxes. It is anticipated that if the CFD is formed,
such bonds will be issued in late 2005. Upon approval of tonight's actions, City staff will begin
discussion with the developers to enter into an agreement entitled "Acquisition/Financing
Agreement" to establish, among other things, the public facilities authorized to be financed by the
CFD and the terms and conditions pursuant to which the authorized facilities will be constructed and
,
.
7-2
Page 3, Item No. ~
Meeting Date: 2/01/05
acquired and bonds for the CFD will be issued. This agreement will lay the groundwork to which
Otay Project, will agree to undertake the design and construction of certain transportation and
development improvements. It also specifies what Otay's responsibilities and cost sharing will be
for constructing those improvements.
Procedure for formation of Community Facilities District No. 13-I
Following are the key actions that Council would take during the proceedings for CFD-13-I:
1. Approval of the report on the, Application and initiation of proceedings for formation of the
proposed CFD and approval of a Reimbursement Agreement to require that Otay advance
funds to the City to pay for all costs incurred by the City in undertaking the proceedings to
form CFD-13-I and issuing bonds ofCFD-13-1.
2. Approval of Resolution of Intention (ROI) to establish the CFD-13-I and Resolution
Declaring Necessity to Incur a Bonded Indebtedness for CFD 13-1..
3. Adopting the boundaries of the CFD and ordering the preparation of the Special Tax Report.
4. Holding public hearings and conduct an election of the qualified electors of CFD 13-I to
authorize the levy of the special taxes and the issuance of bonds for CFD 13-1.
5. Bond sale and issuance.
Description of the proposed CFD-13-I
Exhibit 1 presents the boundaries ofthe proposed CFD-13-I, which includes parcels located within
Otay Ranch Village Two (844.6 gross acres) and Village Seven (90.5 gross acres). 134 acres of this
land, within the Village Two area, is currently owned by the Stephen and Mary Birch Foundation and
is under a purchase contract with Otay Ranch. It should be noted that the Village Two entitlement
(SPA Plan and tentative map) has not been perfected. At this time, Otay Ranch Co. has submitted a
preliminary lotting study for Village Two that provides 405.7 acres for residential use with 2,639
units and 11.9 acres for commercial use. The district formation is going forward with Village Two
included with the applicant's understanding that completion of the special tax report, further public
hearings, the election, the special tax levy, the appraisal, the determination of value to lien ratio,
bond sizing and the bond sale itself could be delayed pending City Council approval of Village Two.
Village Seven does have an approved tentative map and consists of 51.8 acres of residential with
360 units with the remaining acres to be reserved for Community Public Facilities, street right of
way, and open space.
The special tax allocations proposed to levied by CFD-13-I shall be structured to be below the "2%
maximum tax" criteria established by Council Policy. The developer is proposing CFD financing of
the following improvements and acquisitions:
. Heritage Road
. La Media
"
7-3
.. -"._--,-~--_._~_.._---_._---_. --.-...---,-".--. -..- -..-
Page 4, Item No.--Î-
Meeting Date: 2/01/05
· Otay Lakes Road Widening
· Main Street
· Magdalena A venue
· Town Square
· Santa Luna Ave
· Preserve Land
· Pedestrian Bridges
· Slope Landscaping
· Community Park Development Fee
· Backbone Streets
· Non-CIP Waterlines
In addition to the above improvements, this CFD' s bonding capacity may be used for other eligible
Development Impact Fee facilities.
The construction cost of the developer improvements is estimated at approximately $100 million, of
which would be financed by CFD-13-I.
Based on the actual interest rate and final value to lien ratio, the ultimate bond sale amount could
fluctuate substantially.
Report on the Application for CFD.-13-I
In a previous action, Council adopted "The City of Chula Vista Statement Of Goals And Policies
Regarding The Establishment Of Community Facilities Districts" ("CFD Policy"). The CFD Policy
provides guidelines for the use of CFDs for financing the construction or acquisition of public
inrrastructure or the provision of authorized public services to benefit and serve existing or new
development in the City. Prior to Council initiating any formal proceedings for formation of the
CFD, the developer is required to submit an "Application", which would include all the necessary
information (business plan, percent of ownership requesting the CFD, etc.) demonstrating the
applicant's financial ability to carry the project. The Application shall be reviewed by a committee
composed of the City Manager, City Attorney, Director of General Services, City Engineer, Planning
Director, Finance Director and such additional persons as the City Manager deems necessary.
Otay Proj ect L.P. representative, staff, and consultants met several times to discuss the processing, to
clarify the intent of the Council policy, determine the format of the Application, and identify the
required financial information. The Application was submitted on August 27, 2004, (See Exhibit
2). The Review Committee met on November 24, 2004 to review the content of the Application and
determine the applicant's financial ability to successfully construct the project and pay the special
taxes during buildout. The committee has concluded that: 1) the information provided is preliminary
. and general in nature; 2) the developer's business plan appears to be consistent with the current
conditions of the real estate market; and 3) compliance with Council policy can not be confirmed
'.
7-4
Page 5, Item No.-L
Meeting Date: 2/01/05
until various documents such as appraisal, market absorption study, Special Tax Report, and
Preliminary Official Statement are complete. These documents will be prepared during the district
proceedings and brought to Council consideration prior to bond sale. The report with fmdings and
recommendation on the Application is presented in Exhibit 3.
In essence, the Review Committee recommends that Council approve proceeding with the formation
of the Community Facilities District. Extensive due diligence will be required as the district
proceeds to ensure compliance with Council policy.
Discussion of Key Policy Issues
During the proceedings, several analyses will be performed to ensure that the proposed CFD
conforms to the requirements of the Mello-Roos Act and Council Policy. Following is a brief
discussion on how some key policy issues will be addressed during the proceedings:
1. Proposed Improvements: Improvements to be financed are include backbone streets and
associated improvements (i.e., sewer, surface improvements, storm drain, landscaping, dry
utilities) providing local or regional benefit. Staff believes that all these improvements meet
the requirements of the CFD Policy. In addition to these improvements, the applicant has
requested that CFD 13- I be authorized to finance certain park improvements and Preserve
Land acquisition. These types of improvements are not currently authorized pursuant to the
Goals and Policies. Therefore, if the City Council desires to authorize CFD 13-I to [mance
these improvements it would be necessary for the City Council to either amend the Goals and
Policies or to approve a waiver of the Goals and Polices to permit the financing of these
improvements.
A [mal recommendation on the improvements to be financed by the proposed CFD will be
brought later to Council in conjunction with the resolutions of intention to establish CFD 13-
1.
2. Value to Lien Ratio: Council policy requires a minimum 4: 1 value-to-lien ratio. A ratio of
less than 4: 1, but equal to or greater than 3: 1, may be approved, in the sole discretion of
Council, when it is determined that a ratio of less than 4: 1 is financially prudent under the
circumstances of a particular CFD.
The appraisal and lien ratio analysis would be available for Council consideration prior to
bond sale, which is planned for late 2005. If the final analysis shows parcels which fail to
meet the 4: 1 ratio, the developer would be required to either provide cash or letters of credit
to maintain the lien ratio within the City criteria, the principal amount of the bonds to be
issued for CFD-13 -I will be reduced to comply with City policy or provide sufficient
information to convince Council that a lesser lien ratio is prudent.
,
7-5
_.._~'_m__ ---- -'-.'---..------...,--,---.--.- --,._-.
Page 6, Item No.l
Meeting Date: 2/01/05
3. Maximum Tax: Council Policy establishes that the maximum annual CFD special taxes
applicable to any newly developed residential property shall be no more than 1 % of the sale
price of the house. In addition, the aggregate of all annual taxes and assessments is limited to
2% of the sale price of the house.
A preliminary calculation of the maximum tax, using estimated house prices, will be
available for Council consideration at the Public Hearing. A final test will be performed at
escrow closing using the actual sale price of the house. Council Policy requires that at or
prior to each closing of escrow, the escrow company shall apply a "calculation formula"
previously approved by the City Engineer to determine the aggregate of regular County taxes,
Mello-Roos taxes, and assessment installments. If the 2% limit were exceeded, the
developer would be required to provide cash to buy down the lien to an amount sufficient to
meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate tax
to be paid by the purchaser of the house meets the City's criteria. Currently, the developer
anticipates that this CFD to be in the range of 2%.
Finally, it should be mentioned that the use of CFDs for public fmancing, like many other financial
· decisions, involves a calculated risk and nothing can completely insulate the City rrom the possibility
of future problems. Future owners of the property may express displeasure with paying the special
tax, a downturn in the real estate market may cause delinquencies. Indeed, even the master
developer may become delinquent when the project is no longer economically feasible.
Nevertheless, staff believes that strict adherence to the CFD Policy together with extensive scrutiny
by the financing team would minimize the occurrence and consequences of any potential problems.
FISCAL IMP ACT: The developer will pay all costs and has deposited money to fund initial
consultant and City staff costs in accordance with the proposed Reimbursement Agreement (Exhibit
4). Such monies are eligible for reimbursement upon a successful sale of bonds. The City will
recover the full cost of staff time.
·
Exhibits: 1. Proposed Boundary Exhibit
2. Application, dated August 27, 2004
3. Review Committee Report
4. Reimbursement Agreement
J:\EngineerILANDDEV\CFD's\CFDI3! - OP Village 2 & 7\CAS for 2-01-05 revised. doc
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7-6
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7-8
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August 27, 2004 THE OTAY RANCH COMPANY
/
Mr. Lombardo de Trinidad
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, California 91910
Re: City of Chu/a Vista Community Facilities District Application for Otay Ranch
V2 and 7
Dear Lombardo:
Attached you will find OtayProject, L.P.'s Application for the Establishment of a
Community Facilities District ("CFD") for Village 2 and 7 of Otay Ranch. Please
consider this our formal request to the City of Chula Vista to initiate the process to form a
CFD pursuant to the City's "Statement of Goals and Policies Regarding the
Establishment of Community Facilities Districts",
A list of facilities proposed to be financed through the District is included in Exhibit I of
the Application. A more detailed finance plan with the tax rate and method will follow in
early October when cost estimates are complete. If you have any questions, please do not
hesitate to contact us.
Sincerely,
THE OTAY RANCH COMPANY THE OTAYRANCHCOMPANY
Kent A en Mg~,!2ow~
Executive Vice President Public Finance Manager
cc: Ronald P. Therrien, The OtayRanch Company
Ken Lipinski, The Otay Ranch Company
Peter Pillar, Development Planning & Finance
Eva Dvorakova, Development Planning & Finance
,
.
610 W. ASH STREET, SUITE 1500, SAN DIEGO, CA 92101 . PH: (619) 234·4050 . FX: (619) 234-4088 . WWW.OTAYRANCH.COM
7-9
_.-......_-~---_._---".._.__.._--~-_..-._--~--
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT APPLICATION REVIEW COMMITTEE
APPLICATION FOR ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT
OWNERSHJP
Name oflandowner:
Otay Project, L.P.
Please describe the ownership structure of the landowner (i.e., individuals, family trust,
partnership, corporation, etc.). Please include resumes of key individuals responsible for
making decisions for landowner. Please include copies of partnership agreements,
articles of incorporation and bylaws, family trusts, etc.
See Exhibit "A", "B", and "C".
If the landowner is not the current owner of the property, please provide evidence
satisfactory to the City Manager that the landowner represents or has the consent of the
owners not less than 67%, by area, of the property proposed to be subject to the levy of
the special tax.
N/A.
PROPERTY INFORMATION
List the following regarding the property to be included within the proposed Community
Facilities District:
Number of gross acres:
Otay Ranch Village Two - 844.6 acres.
Otay Ranch Village Seven - 90.5 acres.
Number of Developable Acres:
Otay Ranch Village Two - 417.6 acres.
Otay Ranch Village Seven - 51.8 acres.
Number of gross acres owned by the landowner:
Otay Ranch Village Two - 710.3 acres.
SNMB Acres in Village Two - 134.3 acres.
Otay Ranch Village Sever - 90.5 acres.
Number of gross acres owner by others:
None. :
Page 1
7-10
For each parcel within the boundaries of the proposed Community Facilities District,
which is owned by an entity other than the landower, provide the following information:
The name(s), addressees), telephone number(s) and contact(s) for each such
owner.
The number of gross acres owned by each such owner.
The Assessor's Parcel Numbers for each such parcel.
Number of acres proposed for development:
Number of acres developed to date, if any:
List the Assessor's Parcel Numbers for the property:
How long have you owned the property?
What was the purchase price you paid for the property?
Have you entered into any option or other fann of agreement to sell all or a portion of the
property? YES X NO, If YES, please describe arrangement and attach copies of
any agreements describing arrangement.
Describe the existing land use of the property:
Farm Land.
Is the property proposed for residential development, commercial development, or both?
RESIDENTIAL COMMERCIAL X BOlli. Please state the
estimated total number of any residential units proposed and the estimated total square footage of
commercial development proposed.
Village Two Single Family and Multi-Family Residential = 2,639 units.
Village Two Mixed Use = 147 units.
Village Two Commercial = 11.9 acreS.
Village Seven Single Family and Multi-Family Residential = 375 units.
No Commercial in Village Seven.
Please attach a copy of a business plan for the development proposed on the property
To be provided.
Do you intend to develop the property yourself? X YES _NO. If YES, describe the
expected timing for development of the property. If available, please list projected sales by year,
listing commercial and residential development separately.
What is the status of land use approvals, suqdivision maps and environmental review for the
development of the property (i.e., describe the'current zoning and the status of any Development
Agreements, Specific Plans, tentative maps or fmal maps for the property)?
Page 2
7-11
See Exhibit "E".
List improvements proposed to be financed through the Community Facilities District and their
estimated cost. List the public agency that will own, operate and maintain the improvements
when completed.
See Exhibit "I".
Are any public services to be financed through the proposed Community Facilities District? If
so, list those services.
See Exhibit "I".
Have any environmental studies or reports been prepared for the property?
X YES NO. If YES, list those reports.
See Exhibit "E".
Are any impact fees owed to the City as a condition to develop the property? X YES
NO. If YES, please describe the type of impact fees, amount of the fees and when fees
must be paid.
Condition of Map Approval- PAD Fee, Drainage Fees.
Building Permit Fee - PFDIF, TDIF, Traffic Signal Fees, Ped Bridge Fees.
Are there any endangered species habitats on the property? ~ YES NO. If YES,
please identify the endangered species, describe the location of their habitat(s) on the property
and describe any mitigation measures which must be completed as a precondition to the
subdivision or development of the property.
See Exhibit "K" for Village Seven Findings. The Village Two Report is not completed.
Are there any legal impediments to the planned development of the property? If so, please
describe the nature of the legal impediment(s) and how such impediments will impact the
planned development of the property.
None.
Are there any geological impediments (earthquake faults, high ground water/liquifiable soils, soil
slippage, etc.) to [mal development of the project? If so please describe.
None.
Is any development currently underway on the property? YES ...x.... NO.
If YES, please give a general description.
What arc your long term plans for the property; i.e., sale of raw land, sales of improved parcels to
merchant builders, sale of product to end users"IQng tenn hold, etc?
Page 3
7-12
-_.__...__._._._,_._.-._----_._-~-_._'" -....-.-.-----
Developable acreage will be sold to Miiliate Builders at the finished lot stage. The Afïiliate
Builders will build and sell the product to end users.
Besides Community Facilities District fmanced improvements, what public and private
improvements are necessary to develop the property and how are they proposed to be financed?
All other improvements will be owner fmanced or fmanced with revolving development
loans.
Please attach the most recent copy of your financial statements, including audited statements, if
available. If you are a publicly held company, please list the date of your last lOQ or 10K filing
and enclose a copy of your most recent Annual Report.
See Exhibit "J".
Include at least one reference ftom a bank or fmancial institution, including name, address and
telephone number.
First Bank & Trust - 4301 MacArthur Blvd., 2nd Floor, Newport Beach, CA 92660
(949) 475-6315, Acct. Rep. Brian O'Connor.
Are there any existing trust deeds/loans on the property? Please state the name, address and
telephone number of the lending institution and the approximate loan amount.
None.
Has construction financing for any of the proposed development, been obtained?
YES---K- NO. If YES, please describe the source and amount of such 10an.
What is the current status of property taxes, special taxes and assessments on the property? _
_ PAID ---K- DELINQUENT. Have any property taxes or assessments on the property been
delinquent at any time during the past 3 years? If YES, please explain.
All of the parcels that are currently under the ownership of Otay Project, L.P. are paid
current. Parcel no. 644-030-07, which is currently under the ownership of The Stephen and
Mary Birch Foundation ("SNMB"), is under contract to be purchased. This parcel is
delinquent in property tax payments in the amount of $7,886.75 for the 2003-2004 fiscal
year. Otay Project, L.P. will contact SNMB to ensure that the tax bill is paid current. A
copy of the paid receipt will be provided.
Is the landowner, any subsidiary entity or affiliated or related entity of the landowner currently
delinquent or has the landowner or any subsidiary entity or affiliated entity of the landowner in
the last five (5) years been delinquent in the payment of any property taxes, special taxes or
assessments on property owned outside of the proposed boundaries of the Community Facilities
District?
YES X NO. If YES, please identify the entity which is delinquent in such
payments, the nature of such entity if the entity is not the landowner and its relationship to the
landowner, the jurisdiction in which the delinquent property is located, the amount of the
delinquency, the duration of the delinquency apd any legal actions which have been initiated by
or on behalf of the jurisdiction to recover the dèlinquency.
Page 4
7-13
.. ...-,-....-,-.-----...-..,..-.-,
Is the landowner (or any subsidianry entity or affiliated or related entity of the landowner) now
delinquent or in default on any loans, lines of credit or other obligation related to the property or
other development proj ects? YES------X- NO. Has the landowner (or any subsidiary
entity or affiliated or related entity of the landowner) been in default on any 10ans, lines of credit
or other obligation in the past two years related to the property or other development projects?
YES..lL NO. If YES, please explain.
Has the landowner or any subsidiary entity or affiliated or related entity of the landowner ever
filed for bankruptcy or been declared bankrupt? ..lL YES NO If YES, specify entity
which filed or bankruptcy or has been declared bankrupt, the date and location of court where
bankruptcy action took place, the case title and the status of the bankruptcy proceedings:
See Exhibit "F".
Has any claim been made or suit been filed, or is any claim or suit now threatened against the
landowner with respect to the proposed development of the property?
YES..lL NO
If YES, please attach a copy of the complaint, or if unavailable, please list the court in which the
action is pending and the case number and summarize the current status of the litigation, or if the
claim or action has not yet been filed please attach any documents summarizing the claim or
action:
Are there any other foreseeable circumstances not described above that could prevent or
significantly delay the proposed development of the property or adversely impact the ability of
the landowner to pay the anticipated special taxes to be levied on the property owned by the
landowner during the development of the property? YES~ NO. If YES, please
explain..
Please attach a copy of your most recent preliminary title report for the property.
See Exhibit "G".
Please attach a copy of the most recent tax bill(s) for the property and evidence that current
installments due have been paid. The tax bill will also be reviewed to detennine overlapping tax
total.
See Exhibit "H".
Have you provided a deposit to the City to pay organizational and formation costs?
No.
:
Page 5
7-14
RELATED PROJECT INFORMATION
Has an absorption study been done for the proposed development of the property within the last
two years? If so, please provide a copy.
No.
Has an appraisal been done for the property within the last two years? If so, please provide a
copy. Ifnot, please provide current year assessed values for all parcels.
No. A current appraisal is being prepared. A copy will be provided upon completion.
EXPERIENCE OF LANDOWNER GROUP
Describe the development experience of the landowner. Briefly describe any current or recently
completed developments undertaken by the landowner.
See Attached Marketing Brochure on Otay Ranch.
Please provide corporate literature and sales brochures, if available.
See Attached Marketing Brochure on Otay Ranch.
PAYMENT OF TAXES/ASSESSMENTS.
Describe the source of funds that you will use to pay special taxes to be levied on your property
in connection with the Community Facilities District (i.e., bank savings, land sale proceeds, loan
proceeds, etc.).
Land Sale Proceeds.
Do you foresee any difficulty in your ability to make timely payment of the special taxes to be
Unposed? .
YES X- NO. If YES, please explain.
If we have additional questions regarding your property, who is the appropriate person to
contact?
Name: Mr. Kent Aden
Title: Executive Vice President
Address: Otay Ranch Development, LLC
610 West Ash Street, Suite 1500
San Diego, CA 92101
Phone Number: (619) 234-4050, Ext. 112
Name: Ms. Mora de Murguia
Title: Public Finance Manager
Address: Otay Ranch Development, LLC
610 West Ash Street, Suite 1500
San Diego, C1\ 92101
. Phone Number: (619) 234-4050, Ext. 105
Page 6
7-15
----.. ,_.~...,,_.._.-"""_...-._..__.._...._-_.."---_._---_._..-,--_.__..-----~-_._--,,_.
PLEASE RETURN THE COMPLETED FORM AND ATTACHMENTS TO:
Lombardo de Trinidad
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Califomia 91910
Tbe undersigned hereby certifies that the foregoing information is true and correct as of the date set forth
below.
LANDOWNER:
Date¥n(Ç3 4- By: OT A Y PROJECT L.P.,
a California limited partnership
By: OTAY PROJECT, LLC,
a California limited liability company,
General Partner
By: OT A Y RANCH DEVELOPMENT, LLC
A Delaware limited liability company,
its managing member
BY:~
Kent Aden
Executive Vice President
-
Page 7
7-16
NOTICE REGARDING DISCLOSURE.
The Securities and Exchange Commission recently adopted amendments (the "Amendments") to
Rule 15c2-12 under the Securities Exchange Act of 1934 relating to certain required disclosure
information that must be made available to prospective purchasers of municipal bonds. Under
the Amendments and other federal and state securities laws, certain material information must be
disclosed (i) in connection with the initial offering of bonds with respect to "material persons";
and (ii) on an ongoing basis with respect to "obligated persons."
Whether a property owner/developer might be a material person or an obligated person will
depend on all of the facts and circumstances. If the information you provide in response to this
questionnaire indicates this might be the case, the fmancing team will review with you the
information that may need to be disclosed to potential Bond investors in order to satisfy the
Amendments and other federal and state securities laws.
If information on the proposed development of your property is disclosed in connection with the
sale of the Bonds, you will be required to certify at that time that the information is true and
correct and does not omit to state any material fact.
.
Page 8
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EXHIBIT "A"
Ownership and Structure of Landowner
The primary business of the company is to own, develop and sell the project known as Otay Ranch. The
Developer consists of two entities, Otay Project, LLC, a California limited liability company, and Otay
Project, L.P" a California limited partnership. Otay Project, LLC was formed August 15, 1997 by South
Bay Project, LLC and Otay Ranch Development, LLC. Otay Project L.P. was formed on January 20,
1999 by Otay Project, LLC as its general partner and South Bay Project, LLC and Otay Ranch
Development, LLC, as its limited partners. The property was purchased by South Bay Project on August
26, 1997 and immediately contributed to Otay Project, LLC at its net fair market value. As of May 1,
2001, South Bay Project, LLC ceased to be a member of Otay Project, LLC and ceased to be a limited
partner ofOtay Project, L.P. The Landowner is Otay Project L.P.
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EXHIBIT "A" (Continued)
Attached are the first and last pages of the Operating Agreement for Otay Ranch Development, LLC and the
Agreement of Limited Partnership of Otay Proj ect, L.P. In addition, I have provided a copy of the First Amendment
to Agreement of Limited Partnership of Otay Project, L.P. and the Certificate of Amendment to Certificate of
Formation ofE1 Toru, LLC.
.
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EXHIBIT 3
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT
GOAL AND POLICY REpORT
APPLICATION OF OTAYPROJECT,hP.
PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13-1
GENERAL BACKGROUND
The applicant is Otay Project, L.P. The primary business of the applicant is to own, develop and sell the
project known as Otay Ranch.
,
The application dated August 27, 2004 requests for formation of a Community Facilities District
("C.FD.") over 935.1 gross acres including 844..6 acres in Otay Ranch Village 2 and 90.5 acres in
Village 7 and for issuance of bonds to finance proposed improvements.
The applicant owns all of the land in Village 2 and Village 7 except for parcel number 644-030-07,
which is approximately 134 acres and currently under the ownership of The Stephen and Mary Birch
Foundstion and is under a purchase contract to the applicant. The applicant will own all land within the
proposed CFD, once it has completed its land purchase from The Stephen and Mary Birch Foundation.
The proposed C.F.D. contains 935.1 gross acres. Development is expected on 469.4 acres. The
development plan calls for a total 00,014 residential units; with 2,639 in Village 2 and 375 in Village 7.
Approximately 11.9 acres of commercial and 147 mixed use units are planned in Village 2. According to
the application, mixed use or commercial development isn't planed for Village 7.
Prior land use of the site was agricultural.
One parcel, APN 644-030-07 that is currently owned by The Stephen and Mary Birch Foundation, is
delinquent on its 1" installment of property taxes for fiscal year 2003-04. Otay Project L.P. is current on
its property taxes on the 8 parcels it currently owns in the proposed C.F.D.
..
UNDERLYING PRINCIPALS OF GOALS AND POLICIES
1. Protection of the public interest,
2. Faimess in application of special taxes to current and future property owners,
3. Full disclosure of special tax liens,
4. Credit worthiness of special tax bonds,
5. Protecting City's credit rating and financial position,
6. Applicants pay all costs associated with C.FD. formation.
F:\WORKDIRS\CLŒNTS\Chula Vista\04xxx Omy Project Village lañcÅQlage 7\Application Review.doc 1
FINDING OF PUBLIC INTEREST OR BENEFIT
Policv Summary
The City Council may authorize proceedings if the Council determines that the public improvements to
be financed provide benefit to the community at large as well as benefit within the C.F.D.
Application
The list of improvements proposed to be financed through the C.F.D. and owned by the City after
completion. The total estimated cost for the improvements is $18,479,705.24.
TDIF Roads:
1. Heritage Road - Olympic Parkway to Main Street
2. La Media - Birch to Southwest Property Line
3. Otay Lakes Road - widening
4. Main Street - Heritage Road to Existin
5. Other TDIF Facilities
Non TDIF Improvements:
1. PFDIF Facilities
2. Pedestrian Bridges
3. Community Park Development Fee
4. Slope Landscaping
5. Town Square
6. Backbone StreetslUtilities
7. Non-CIP Waterlines
8. Open S pace Preserve Land
Discussion
AUTHORIZED PUBLIC FACILITIES
Policv Summary
Improvements must be public improvements, which will be owned, operated or maintained by
the City or other public agency. Improvements must serve a neighborhood area or greater.
Application
Improvements proposed to be financed will be dedicated to the City for ownership, operation and
maintenance.
]:\Engineer\LANDDEV\CFD's\CFDI31 - OP Village 2 & 7\Application Review.doc 2
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PRIORITIZATION OF PUBLIC IMPROVEMENTS
Policy Summarv
First priority of a C.F.D. established by the City is the provision of public improvements
benefiting the City. Second priority is the provision of public improvements owned, operated or
managed by other public agencies.
Application
All improvements will be owned, operated and maintained by the City.
Discussion
,
AUTHORIZED PUBLIC SERVICES
Policy Summary
Public services proposed to be financed may generally include 1) maintenance of parkways,
medians and open space; 2) drainage and flood control and 3) other services authorized by the
C.F.D. Act and adopted by the City.
Application
, No services are proposed to be funded by tbis C.F.D.
Discussion
INCIDENTAL COSTS
Policy Summary
Certain eligible incidental costs may be financed via special tax bonds. Those incidental costs
must be directly related to improvements financed by proceeds of such special tax bonds and are
subject to not to exceed percentage limitations.
,
Application
A breakdown of incidental costs is not included with the application.
Discussion
.
,
F:\WORKDIRS\CLIENTS\Chula Vista\04xxx Otay Project Village 2yrut 2i~ge 7\Application Review.doc 3
REQUIRED V ALUE-TO-DEBT RATIO
Policy Summary
The required value to lien ratio must be at least 4: 1.
,--
Application
The value to lien ratio is not known imd will not be known until completion of the appraisal, final
detennination of facilities to be financed and final bond issue sizing. The applicant stated that an
appraisal of Village 2 and Village 7 is currently underway.
Discussion
CRITERIA FOR APPRAISALS
Policy Summary
The City has specific requirements for appraisal content and objectives.
Application
The application does not address criteria for appraisals. The City's fmance team will direct the
appraiser and provide guidance on scope of work and methodology consistent with policy. It is
the City's intention to hire the same appraiser that worked for the City on all other recent prior
C.F.D.s.
Discussion
MAXIMUM AGGREGATE TAXES AND ASSESSMENTS
Policy Summary
The maximum annual special tax installment applicable to any residential parcel shall not exceed
one percent of the sales price. Total taxes shall not exceed two percent of initial sales price. The
C.F.D. policy provides a mechanism to buy down to 2% at closing to meet the maximum tax
policy.
Application
The application does not address overlapping debt. Determining the maximum aggregate tax is
accomplished during development of the Rate and Method of Apportionment ("RMA") and the
bond sizing/debt service phase of the process.
Discussion
F:\WORKDIRS\CLIENTS\Chula Vista\04:xxx Omy Project Village 2-,u1 ~~ge 7\Application Review.doc 4
'-~'.._--_... -,..,--~_...~._,--~"._--- .
SPECIAL TAX REQUIREMENTS
Policy Summary
,
The Rate and Method of Apportionment shall adhere to specific requirements detailed within the
policies. --
Application
McGill, Martin, Self, Inc. will be charged with preparing a RMA consistent with City guidelines.
It is anticipated the RMA utilized in other recent C.F.D.'s will serve as a model for the proposed
C.F.D.
Discussion
.
TERMS AND CONDITIONS OF SPECIAL TAX BONDS
Policy Summary
All tenns and conditions of any tax bonds issued by the City shall be established by the City.
Application
Terms and conditions of a bond sale have not yet been discussed and therefore are not yet
. determined. Tenns of a bond sale will be determined during the bond phase by the City's fmance
team that includes staff, fmancial advisor, underwriter, bond counsel and other participants.
Discussion
DISCHARGE OF SPECIAL TAX OBLIGATION
Policy Summary
Special Tax obligations may be prepaid and discharged in whole or in part at anytime.
Application
The City's Special Tax Consultant will prepare a RMA that contains prepayment provisions.
Discussion
,
F:\WORKDIRS\CLIENTS\Chula Vista\04xxx Otay Project Village 2 Ptfsl. '"21lfgc 7\Application Review.doc 5
PROPERTY OWNER DISCLOSURE
Policy Summary
Applicants are required to demonstrate that there will be full disclosure of special tax obligations
to prospective purchasers of property. -
Application
A form of disclosure was not provided with the application. Typically, disclosure forms are
prepared by the merchant builders at the time of sale to end user.
Discussion
PREFORMATION COST DEPOSIT AND REIMBURSEMENTS
Policy Summary
All City and consultant costs incurred in application process and proceedings will be paid by
applicant by advance deposit.
Application
The application states that a deposit will be provided to the City upon notification of the required
amount. A deposit request and breakdown will be prepared.
Discussion
SELECTION OF CONSULTANTS
Policy Summary
The City shall select and retain all consultants.
Application
The City intends to keep in place the fmancing and consulting team used on other recent
C.F.D.'s.
Discussion
,
F:\WORKDIRS\CLIENTS\Chula Vista\04xxx Otay Project Village 2r2.. ~!rge 7\Application Review.doc 6
-~_._--'--.
LAND USE APPROVALS
Policy Summary
. The City may issue bonds secured by special taxes when a) properties have received applicable
discretionary land use approvals consistent with financing assumptions and b) applicable environmental
review is complete.
A ) )lication
The Developer is currently in the process of obtaining the following entitlements:
· Village Two Tentative Map 1" submittal (9/20/04)
· Estimate Village Two SPA and EIRpublic hearings in 1" quarter of2005
, · Village Seven SPA and Tentative Map will be complete in October 2004
· Village Seven Environmental is complete
· Village Seven map conditions received by the developer at the end of September 2004
Discussion
APPLICATION PROCEDURE FOR DEVELOPMENT RELATED C.F.D.s
Policv Summary
Any application shall contain such information and be submitted in such form required by the
City Manager. In addition each application must contain:
1. Proof of authorization if the applicant is not the owner.
2. Evidence that the applicant represents the owners of not less than 67%, by area, of property
subject to proposed levy.
3. A business plan for the development of the property that reviews the fmancial feasibility of
the C.F.D. and demonstrates the ability of the owner to pay special tax installments and any
other taxes or assessments until full build out.
A ) )lication
The information provided is preliminary and general in nature. Extensive due diligence will be
required for the preparation of a disclosure document and final City decision to issue bonds. The
application was the source for all information contained in this summary.
F:\WORKDffi.S\CLIENTS\Chula Vista\04xxx Otay Project Village 2'fI1d 21&ge 7\Application Review.doc 7
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, APPROVING THE INITIATION OF PROCEEDINGS
TO CONSIDER THE FORMATION OF PROPOSED COMMUNITY
FACILITIES DISTRICT NO. 13-I (OTAY RANCH VILLAGES TWO AND
SEVEN) FOR A PORTION OF VILLAGE SEVEN OF THE OTA Y RANCH
AND APPROVING THE FORM OF A REIMBURSEMENT AGREEMENT
WHEREAS, the CITY OF CHULA VISTA, CALIFORNIA, has been presented with and
has received an application rrom McMillin Otay Ranch, LLC (the" Applicant"), requesting that
this City Council initiate proceedings pursuant to the Mello-Roos Community Facilities Act of
1982, as amended (Government Code Section 53311 and following)(the "Act") to form a
community facilities district preliminarily designated as Community Facilities District No. 13-1
(Otay Ranch Villages Two and Seven) (the "District") for the purpose of financing all or a portion
of the cost of the acquisition or construction of certain public facilities which are necessary to
serve and/or required as a condition of approval of the proposed development within the District;
and
WHEREAS, the Applicant has requested that the District encompass that territory within
those portions of Villages Two and Seven of the Otay Ranch owned by and to be developed by the
Applicant; and
WHEREAS, such application has, as required by the City of Chula Vista Statement of
Goals and Policies Regarding the Establishment of Community Facilities District (the "Goals and
Policies") previously adopted by this City Council, been reviewed by the community facilities
district application review committee (the "Review Committee") designated in such Goals and
Policies; and
WHEREAS, based upon such review and pursuant to the Goals and Policies, the City
Manager has recommended that this City Council accept the report of the Review Committee and
authorize the initiation of proceedings to consider the formation of the District subject to
subsequent compliance of the proposed District with the Goals and Policies, including without
limitation, the financial feasibility of the proposed District and the development of the property
within the District; and
WHEREAS, the form of a Community Facilities Reimbursement Agreement pursuant to
which the Applicant has agreed to advance funds to the City to pay for all costs incurred by the
City in undertaking the proceedings to consider the formation of the District and the issuance of
bonds by the District to be secured by the levy of special taxes with the District has been
presented to this City Council for its consideration.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
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"---- .~'----.-.-..--
SECTION 1. The above recitals are all true and correct.
, SECTION 2. This City Council hereby accepts the Review Committee report.
SECTION 3. This City Council hereby authorizes the initiation of proceedings to consider
the formation of the District as requested by the Applicant subject to all requirements of the Act
and the Goals and Policies.
The decision of this City Council to form the District is an exercise of the legislative
authority of this City Council. The adoption of this Resolution and the approval of the
Reimbursement Agreement do not either collectively or separately obligate this City Council to
exercise its legislative discretion in a particular manner. This Resolution does not in any way
create a contractual, legal or equitable obligation of or commitment by this City Council to .
approve the formation of the District. This City Council expressly reserves the right to abandon
the proceedings to consider the formation of the District for .any reason at any time prior to the
completion thereof.
SECTION 4. The form of the Reimbursement Agreement by and between the City and
Otay Project, L.P. is hereby approved. The City Manager is hereby authorized to execute such
agreement for and on behalf of the City with such changes thereto as the City Manager, following
consultation with the City Attorney and Best Best & Krieger L.L.P., deem to be in the best
interests of the City.
SECTION 5. This Resolution shall become effective upon its adoption.
Presented by Approved as to form by
fA
Jack Griffin
Director of General Services
2'
7-28
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
f/Juj ---.
Ann Moore
City Attorney
Dated: January 26,2005
REIMBURSEMENT AGREEMENT WITH OTA Y PROJECT, L.P.
,
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... ~ - .~. -.......-- -- "--'._-~--_._------~_._-_."----'"
EXHIBIT 4
COMMUNITY FACILITIES DISTRICT REIMBURSEMENT AGREEMENT
(Otay Project L.P.)
THIS AGREEMENT is made and entered into this )st day of February 2005, by and between the CITY OF
CHULA VISTA, a charter city ("City"), and OT A Y PROJECT L.P., a California limited liability company
("Applicant").
RECITALS
A. The Applicant has made application with the City to request that the City initiate proceedings under
the provisions of the "Mello-Roos Community Facilities ACt of 1982," as amended (Government
Code Section 53311 and following), to form a community facilities district (the "Community
Facilities District") to finance the acquisition and/or construction of certain public improvements.
The construction of such public improvements is required as a precondition to the development of
properties owned and/or to be developed by the Applicant within a portion of Otay Ranch Village
Seven (Chula Vista Tract No. 05-09) and Village Two.
B. Applicant agrees to advance funds to the City for the payment of all initial consulting and
administration costs and expenses related to the proceedings to consider the formation of the
Community Facilities District and to subsequently authorize, issue and sell bonds for the Community
Facilities District (the "Proceedings"). Such monies shall be subject to reimbursement or credit
pursuant to the provisions of this Agreement upon the successful sale of bonds for the Community
Facilities District and the receipt by the City of the proceeds of such bonds.
C. The parties hereto wish to enter into an Agreement to memorialize the terms and conditions pursuant
to which Applicant shall advance monies and the monies so advanced may, subject to certain
conditions contained herein, be reimbursed or credited against future special tax obligations.
AGREEMENT
The parties hereto, for mutual consideration, agree as follows:
SECTION 1. Advances.
A. Applicant shall advance monies to the City in such amounts and at such times as specified below to
pay all costs and expenses incurred by the City in undertaking the Proceedings (except those costs and
expenses which are contingent upon the issuance of bonds for the Community Facilities District and payable
solely rrom the proceeds of such bonds), including without limitation, the following:
1. Special Tax Consultant services;
2. Bond counsel services;
3. Financial advisory services;
,
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4. Appraisal and market absorption services; and
5. City staff and City Attorney time.
All such costs and expenses are collectively referred to as the "formation and Issuance Costs."
B. Advances shall be made to the City pursuant to the following schedule:
1. Applicant shall advance the amount of Two Hundred and Seven Thousand Dollars
($207,000) receipt of which is hereby acknowledged by the City.
2. If monies in addition to the initial advance are necessary to pay for the Formation and
Issuance Costs, the City shall as necessary and rrom time to time make written demand upon
Applicant and Applicant shall immediately thereafter, within five (5) working days, deposit
said monies with the City to pay for the balance of the Formation and Issuance Costs. Ifsuch
additional monies are not timely received, all Proceedings shall, at the option of the City, be
suspended until such monies are received.
SECTION 2. Records. The City agrees to keep records consistent with its regular accounting practices of
the amount of monies advanced and the expenditure of such monies. Additionally, the City shall enter into
and maintain contracts with all consultants that shall specify the scope of services and compensation to be
paid to all such consultants. Such records and contracts shall be available forreview by the Applicant during
normal business hours upon reasonable notice to the City.
SECTION 3. Reimbursement. If the Community Facilities District is formed, Applicant may elect among
the following options for the reimbursement of monies advanced pursuant to this Agreement:
A. All monies advanced shall be reimbursed in cash solely rrom bond proceeds;
B. All monies advanced shall be applied as a credit upon the special taxes to be levied against
properties then owned by the Applicant; or
C. A combination of the above.
Ifthe Proceedings to form the Community Facilities District are not completed and are abandoned for
any reason at any time prior to the successful sale of bonds or the Community Facilities District is unable for
any reason to issue or sell the bonds, there will be no obligation on the part of the City or the Community
Facilities District to reimburse Applicant for any monies previously advanced pursuant to this Agreement;
provided, however, the City does agree to return to Applicant any monies previously advanced which remain
on deposit with the City and which the City determines are in excess ofthe amount necessary to pay for any
outstanding Formation and Issuance Costs previously incurred by the City.
SECTION 4. Ownership of Documents. All plans, specifications, reports, appraisals and other
documentation as prepared as a part of the Proceedings shall become the property of the City, regardless as
to whether the Community Facilities District is actually formed.
:
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SECTION 5. No Obligation to Form Community Facilities District. Applicant acknowledges that the
decision of the City Council to form the Community Facilities District is an exercise of the legislative
authority of the City Council and that the City may not enter into a contract to obligate the City Council to
exercise its legislative discretion in a particular manner. This Agreement does not, therefore, in any way
create a contractual, legal or equitable obligation of or commitment by the City to approve the formation of
the Community Facilities District. The City expressly reserves the right to abandon the Proceedings for any
reason at any time prior to the completion thereof. Should Applicant desire to abandon the Proceedings,
Applicant shall provide written notification of such desire to the City and request the City to immediately
terminate all consulting agreements and use all efforts to minimize any and all Formation and Issuance
Costs.
SECTION 6. Counterparts. 'This Agreement may be executed in one or more counterparts, each ofwhich
shall be deemed an original, but all of which together shall constitute one and the same instrument.
SECTION 7. Authority to Execute Agreement. The City and the Applicant represent that the individuals
signing this Agreement have full right and authority to bind their respective parties to this Agreement.
SECTION 8 Best Efforts. The parties promise to use their best efforts to satisfy all conditions to this
Agreement and to take all further steps and execute all further documents reasonably necessary to put this
Agreement into effect.
SECTION 9. Successor and Assigns. This Agreement shall be binding on and inure to the benefit of the
respective parties and theirrespective heirs, legal representatives, successors and assigns. Applicant may not
assign its rights or obligations hereunder except upon written notice to City within ten (10) days of the date
of such assignment indicating the name and address of the assignee. Upon such notice and the assumption by
the assignee in writing delivered to the City of the rights, duties and obligations of the Applicant arising
under or rrom this Agreement, Applicant shall be released for all future duties or obligations arising under or
rrom this Agre'ement.
SECTION 10. Singular and Plural; Gender. Whenever used herein, the singular number shall include the
plural, the plural number shall include the singular, and the masculine feminine or neuter gender shall
include the others whenever the context of the Agreement so indicates.
SECTION 11. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto
with respect to the subj ect matter hereof. This Agreement may not be altered, modified or amended except
by an instrument in writing executed by all of the parties.
SECTION 12. Governing Law. This Agreement has been executed in and shall be governed by the laws of
the State of California.
SECTION 15. Construction. This Agreement shall be construed as a whole and in accordance with its fair
meaning. Captions and organizations are for convenience and shall not be used in construing meaning.
SECTION 16. Severability. In the event that anyone or more ofthe provisions of this Agreement that is or
are material to the entering into this Agreement by either,Applicant or the City shall for any reason be held to
3
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be unenforceable in any material respect by a court of competent jurisdiction, Applicant and the City may
mutually agree that such unenforceability shall not affect any other provision of this Agreement, and that this
Agreement shall be construed as if such unenforceable provision or provisions had never been contained
herein. If Applicant and the City fail to so mutually agree, this Agreement shall terminate, without penalty to
either party, after the giving by one party of thirty (30) days' prior written notice to the other party. In such
event, the City shall use all efforts to minimize any and all Formation and Issuance Costs and shall return to
Applicant any monies previously advanced which remain on deposit with the City and which the City
determines are in excess of the amount necessary to pay for any outstanding Formation and Issuance Costs
previously incurred by the City.
SECTION 17. Notices. All notices and demands shall be given in writing by personal delivery or first-class
mail, postage prepaid. Notices shall be addressed as appears below for the respective party; provided that, if
any party gives notice of a change of name of address, notices to the giver of that notice shall thereafter be
given as demanded in that notice. Notices shall be deemed received seventy-two (72) hours after deposit in
the United States mail.
CITY: CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
Attention: City Manager
APPLICANT: OTA Y PROJECT L.P.
610 West Ash Street, Suite 1500
San Diego, CA 92101
Attention: Kent Aden, Senior Vice President
SECTION 17. Time of the Essence. Time is of the essence in the performance of the parties respective
obligations herein contained.
SECTION 18. Waiver. The waiver by one party of the performance of any covenant, condition or promise
shall not invalidate this Agreement, nor shall it be considered a waiver by him of any other covenant,
condition or promise. The waiver by either or both parties of the time for performing any act shall not
constitute a waiver ofthe time for performing any other act or an identical act required to be performed at a
later time. The exercise of any remedy provided in this Agreement shall not be a waiver of any consistent
remedy provided by law, and any provision of this Agreement for any remedy shall not exclude other
consistent remedies unless they are expressly excluded.
SECTION 19. Amendment. No provision of this Agreement may be modified, waived, amended or added
to except by a writing signed by the party against which the enforcement of such modification, waiver,
amendment or addition is or may be sought.
SECTION 20. Hold Harmless. Applicant shall defend, indemnify, protect and hold harmless the City, its
elected officials and appointed officers, employees and consultants retained for purposes other than
formation of the Community Facilities District, rrom ~d against all claims for damages, liability, cost and
4
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expense (including without limitation attorneys' fees) arising directly or indirectly out ofthe waiver by the
City Council ofthe City's procedures for the selection of any of the consultants identified in Section 1. and
retained by the City to assist in undertaking the Proceedings. Applicant's indemnification shall include any
and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, employees or
consultants retained for purposes other than formation of the Community Facilities District in defending
against such claims, whether the same proceed to judgment or not. Further, Applicant at its own expense
shall, upon Written request by the City, defend any such suit or action brought against the City, its officers,
employees or consultants retained for purposes other than formation of the Community Facilities District.
Applicant's indemnification of City shall not be limited by any prior or subsequent declaration by the
consultant.
[Remainder of this page intentionally left blank.]
-
-
5
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- ------ --------- ___..____.._ . u,__
Signature Page
to
Community Facilities District Reimbursement Agreement
between
the City of Chula Vista
and
Otay Project L.P.
IN WITNESS WHEREOF, City and Applicant have executed this Agreement thereby indicating that they
have read and understood same, and indicate their full and complete consent to its terms.
CITY OF CHULA VISTA
By:
City Manager
Attest:
City Clerk
Approved as to Form:
City Attorney
City of Chula Vista
OTAY PROJECT L.P., a Califomia limited
partnership
By: OTA Y PROJECT, LLC,
a Califomia limited liability company,
its General Partner,
By: OT A Y RANCH DEVELOPMENT, LLC,
a Delaware limited liability company,
its ~ember,
By: y. -Date \/~~S
6 ;
7-35
- -.-----.----......--.---.--.--.--.-..--..---..-,--,,-......_-
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
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personally known to me
o proved to me on the basis of satisfactory
evidence
to be the person,0' whose name~ ~r¡/'
subscribed to tHe wit' instrUlJ1ent and
acknowledged to me t h'e! t!'e/th<l\' executed
the same. in isi r th"," ~lJsIrizeg.
capacity~~, and at by ~er/th(,"r
signature on the instrument the person~ or
the entit upon behalf of which the person(s)/
acted. e uted the strumen!.
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OPTIONAL
Though the information below is nor required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and raattachment of this form to another document.
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litie or Type of Document
Document Date: lv' 7
-b ~vt--&f~'\..?ri
Signer(s) Otherr2J'an Named f
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Number of Pages: ¡ ç'
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Capacity(ies) Claimed by Signer
I'
Signer's Name:
o individual
~ Corporate Officer - Title(s):
tJ Partner - 0 Limited 0 General
o Attorney-In-Fact
o Trustee
o Guardian or ConselVator
o Other:
Signer Is Representing:
Ii: ~ =
Q 1999 Na.tional NotaIyAssociatiQn' 9350 De Sato Av&., P.O. Box 2402' Chatsworth, CA91313-2402 :www.nationaJnotary.org
Prod. No. 590?
-'"
Aeoroe¡: Call TolI·Freø 1-800-676-6627
7-36
Parties and Recital Page(s)
First Amendment to the Agreement between
City of Chula Vista
and
MuniFinancial
for auditing and administering the City's Development Impact Fee (DIF) programs
Recitals
Whereas, the City Council adopted Resolution No. 2001-344, approving an
agreement ("Original Agreement") with MuniFinancial, Inc. ("Consultant") on October
9,2001 to provide 1) Auditing of eligible DIF improvements; 2) Assuring compliance with
City procedures and 0 rdinances as they apply to DIF credits; 3) Drafting documents
necessary for DIF credit approvals; and 4) Providing ongoing maintenance of a DIF
accounting system; and,
Whereas, the Request for Proposals and Council Agenda Statement approving the
agreement anticipated a one year extension to the agreement; and,
Whereas both the City and the Consultant desire to extend the agreement term for
one year; and,
Whereas, Section 1. D of the Original Agreement provides for the inclusion of
additional duties to be performed by the Consultant if in writing, and if they are within the
scope of services offered by Consultant, and;
Whereas, Consultant warrants and represents that they are still 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 First Amendment to the original Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
Page 1
7-37
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree that all provisions of the Original Agreement shall remain in effect except as
amended as follows:
I. Exhibit A, Section 8.D shall be amended as follows:
D. Date for completion of all Consultant services: October 9, 2003
II. Exhibit A, Section 11.C, 1.0, shall be amended as follows:
C. (X) Hourly Rate Arrangement
Maximum total compensation for this agreement shall be as follows:
Maximum
Term Compensation Notes
per year
2002/2003 $200,000 For First Amendment to agreement
2003/2004 $200,000 If agreement extension is approved by
City Manager
For performance of the Defined Services by Consultant as herein required,
City shall pay Consultant for the productive hours of time spent by Consultant
in the performance of said Services, at the rates or amounts set forth in the
Rate Schedule herein below according to the following terms and conditions:
1.0 (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials
in excess of said Maximum Compensation amount, Consultant agrees
that Consultant will perform all of the Defined Services herein required
of Consultant including all Materials, and other "reimbursables"
("Maximum Compensation").
a. Project Management Services:
For all services outlined in Section 8.A.1.0 above, the maximum
compensation shall be 30 hours per month per Exhibit "B" of the
Original Agreement for a "Project Manager (MuniFinancial)".
Page 2
7-3f
b. Audit of DIF-Eligible Improvements:
For all services outlined in Section 8.A.4.0 of the Original
Agreement, the maximum compensation shall be determined by
negotiation between City and Consultant at the time Consultant
submits an audit services proposal, using rates as set forth in
Exhibit "B" of the Original Agreement. Consultant shall use the
Maximum Compensation amount of $4,500 per $1 million of
facilities to be audited as a guideline for estimation of the
compensation amount.
c. Maintenance and Administration of Citywide DIF Credit Trust
Accounting:
For all services outlined in Section 8A5.0 above, the maximum
compensation shall be 30 hours per month per Exhibit "B" of the
Original Agreement for a "Support Staff (MuniFinancial)".
III. Exhibit A, Section 11 is hereby amended to add new paragraph "0" as follows:
D. Upon the request of the City Engineer, City Manager is hereby authorized to
approve an additional extension of this agreement for a term of one year, as
approved by the City Attorney.
IV. All other terms and conditions of the Original Agreement not modified by this first
amendment shall remain in full force and effect.
[end of page. next page is signature page.]
Page 3
7 -?l1
Signature Page
to
First Amendment to the Agreement between City of Chula Vista and MuniFinancial
for auditing and administering the City's Development Impact Fee (DIF) programs
IN WITNESS WHEREOF, City and Consultant have executed this First
Amendment thereby indicating that they have read and understood same, and indicate
their full and complete consent to its terms:
Dated:
,200_
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated:
MuniFinancial
By: fl~ Jt/~,-<,~
Michael McNamara,
Vice President
Financial Consulting Services
Page 4
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CITY COUNCIL AGENDA STATEMENT
Item: 8
Meeting Date: 02/01/05
ITEM TITLE: PUBLIC HEARING: Consideration of PCS 05-08; Tentative Map to
subdivide 6.95 acres at 1441 Santa Lucia Road into one-lot condominium
parcel containing 168 residential units - Lyon Otay Ranch LLC.
RESOLUTION: Resolution of the City Council approving a tentative map
to subdivide 6.95 acres at 1441 Santa Lucia Road into a one-lot condominium
Tentative Subdivision Map containing 168 residential units.
SUBMITTED BY: Director of Planning and BUildin~
REVIEWED BY: City Manage!; p~ -c ~ (4/5 Vote: Yes_No-1L)
The Applicant, Lyon Otay Ranch, has submitted an application for a Tentative Subdivision Map to
convert an existing 168-unit apartment complex to 168 condominium units for individual ownership
with a one-lot subdivision map. The 6.95-acre project site is located at 1441 Santa Lucia Road in
Village One (Heritage) of the Otay Ranch (see Attachment 1).
The Environmental Review Coordinator has reviewed the proposed project for compliance with the
California Environmental Quality Act and has determined that the proposed proj ect qualifies for a
Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines.
RECOMMENDATION:
That the City Council adopt Resolution PCS-05-08; approving the Tentative Subdivision Map for a
one-lot condominium map for 168-units subject to the findings and conditions contained in the
attached draft City Council Resolution.
BOARDS AND COMMISSION RECOMMENDATION:
On January 12,2005, the Planning Commission considered the proposed project and voted 4-0
recommending that the City Council approve the Tentative Map application.
DISCUSSION:
1. Project Background
Condominium conversion projects in Chula Vista require both Design Review and a Tentative
Subdivision Map. The existing apartment complex was approved as an apartment complex in
2001. The Developer does not propose any exterior changes to the existing buildings, but will
upgrade the overall complex appearance with enhanced landscaping. These design upgrades are
minor in nature requiring only administra.tive design review approval by the Zoning
Administrator, which will occur after the City Council approval.
8-1
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Page No.2, Item: B
Meetin2 Date: 02/01105
The tentative map is required to create the one-lot 168-unit condominium map, which requires
approval by the City Council.
The City has received many inquiries for processing condominium conversions. This project is
the second of several similar applications currently being processed Citywide, and the first
application to convert an existing apartment complex located within the Otay Ranch. Staff has
updated the procedural guide and requirements for condominium conversions for developer use
when preparing a conversion application. This project conforms to those guidelines.
2. Project Site Setting
The site is located within the Village of Heritage (Village One) Core of the Otay Ranch.
Heritage Elementary School is across the street due north on Santa Lucia Road. Heritage Park is
across the street due west on Monarche Drive and Heritage Town Center is across the street due
south on East Palomar Street.
There is senior and moderate-income housing above and behind the Town Center. There are
single-family homes to the east and another multi-family residential development to the south.
The vacant Community Purpose Facility parcel is also to the south. Other multi-family
apartment complexes are located to the west of the Heritage Town Center and Park (see
Attachment 1, Locator Map). The existing uses adjacent to the site are listed in the table below:
3. GeneraI Plan Land Use and Zoning
General Development Plan Zoning Current Land Use
Site: Residential Multi-Family Two RM2 Apartment Complex
North: Residential Multi-Family One RMl Heritage Elementary School
South: Community Purpose Facility CPF Vacant Lot
Residential Multi-Family Two RM2 Apartment Complex
East: Single Family Four SF4 Single Family Homes
West: Open Space/Parks OS/Pl Heritage Park
4. Project Description
The project is a Tentative Subdivision Map to convert an existing 168-unit apartment complex
into one-lot condominium containing 168 units. The project site is developed with eleven three-
story residential buildings and a clubhouse.
There are three small open space areas including a tot-lot, barbecue picnic areas and a clubhouse
with a pool that when combined were in conformance with passive and active open space
requirements when the apartment complex was approved by the Design Review Committee
September 9, 1999 (DRC-99-65). Additional passive and active recreation facilities are located
directly across the street in the Heritage Private Swim Club and Heritage Neighborhood Park.
8-2
Page No.3, Item: f!3
Meeting Date: 02/01/05
The project has 176 single-car garages, 84 open parking spaces, 30 tandem ·parking spaces
(located behind garage doors), and 24 on-street (located in rront of the project site along East
Palomar Street and Monarche Drive) parking spaces for a total of 138 open parking spaces
accessed primarily rrom an interior driveway that loops around the site.
No exterior changes are proposed other than some enhanced landscaping. The emergency access
driveway that is currently "grass-crete" will be replaced with accent colored stamped concrete to
conform to current Fire Department regulations.
There currently exists storage space in each unit within the closets adj acent to the patios or
balconies ranging rrom 62 to 104 cubic feet. The applicant proposes to provide storage space in
the one-car garages for each unit. There will be 179 cubic feet in the 104 attached single-car
garages and 220 cubic feet in the 72 detached single-car garages. The storage space containers
shall consist of cages or shelves in the back of the garages along with hanging storage shelves on
the sides of the garages above head height.
Individual gas and electricity service meters are provided for each unit. In addition, telephone
and satellite television connections are provided inside of each unit. Water and sewer service is
metered for each of the 11 residential buildings, so these utility services will be included in the
overall maintenance responsibilities of the Homeowners Association.
5. Project Data Table
Assessor's Parcel Numbers: 642-073-02, 19,20
Current SPA Zoning: RM2
GDP Land Use Designation: Residential Multi-Family
Lot Area: 6.95 acres
REQUIRED: PROVIDED:
310 Parking Spaces: Single-Car Garages: 176 spaces
66/1-bedroom x 1.5 = 96 spaces Open Parking Spaces: 138 spaces
74/2-bedroom x 2.0 = 148 spaces (30 Tandem, 84 Open, 24 On-Street)
28/3-bedroom x 2.25 = 63 spaces TOTAL: 314 spaces
REQUIRED: PROVIDED:
Storage: Storage Minimums:
ISO-cu. ftJi-bedroom unit* 62 + 179* = 241-cu. ftJl-bedroom unit
200-cu. ftJ2-bedroom unit* 72 + 179* = 251-cu. ftJ2-bedroom unit
250-cu. ftJ3-bedroom unit* 104 + 179* = 283-cu. ftJ3-bedroom unit
* 70 percent ofstorage is to be connected to Min. 62, 72, 104- cu. ft. in balcony/patio
the unit served; only 30 percent is to be * 179-cu. ft. in 104 attached single garages
located in detached garages or carports. *220-cu. ft. in 72 detached single garages
Exception being requested for 72-units
(41 percent) with detached I!.arae:es.
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.__,_,_.. ,_.___,___,_._ _ _·.~_.__··m ".,_._____~ --_._~_.--.~
Page No.4, Item: q
, Meeting Date: 02/01/05
6. Staff Analysis
Condominium Conversion
The following provides a brief analysis concerning the potential effect of the condominium
conversion on the existing project (The Crossings), the immediate community (Village of
Heritage), the overall planned community area (Otay Ranch), and Citywide.
The Crossings: The Municipal Code requirements for condominium conversions provide that
current residents are entitled to first right of refusal to purchase their individual units during a
90-day period commencing after the owner has established a firm price for the condominium
unit (Section 15.56.040). In June 2004, all tenants at the project were notified of the applicant's
intent to convert the proj ect rrom rental units to for sale condominiums. A certified mail record
has been provided to the City, and the applicant has indicated that all current tenants are aware
of the condominium conversion.
As required by the State of California and the City of Chula Vista guidelines, tenants also
receive subsequent notices including a 180-Day Notice to All Existing Tenants ofIntent to
Convert/Termination of Tenancy. Based on a projected first escrow closings in August of2005,
tenants who are unable to or do not have an interest in purchasing their unit will have had a full
one year's notice of the conversion.
The applicant states that the current median sales price of detached and attached resale housing
in Chula Vista is $578,400 and $396,400 respectively, and so these prices are more affordable
and would provide an entry-level ownership opportunity. The only new attached housing
currently available in the Otay Ranch is the Belleme Chateaux Town homes located in the
Village of Santa Venetia (Village Six), with a price range of $389,000-$466,000.
The sales prices are anticipated to range rrom the high $200,000s for a one-bedroom unit to the
high $300,000s for a 3-bedroom unit. Current rents at The Crossings at Otay Ranch are $1,145
for a one-bedroom unit, $1,350 for a two-bedroom unit, and $1,775 for a 3-bedroom unit.
Of note, the City Housing Division's low-income down payment assistance program for units
less than $290,000 (potentially the 66 one-bedroom units) would not be viable for tenants
because the household income would have be less than $44,000 and there are no such tenants
according to the applicant. However, the applicant is offering $2,000 towards closing cost for
tenant desiring to purchase their apartments, and potentially a portion of the rent could also be
applied towards the purchase of their own units.
Based on the following table provided by the applicant, the monthly mortgage payments
(including taxes and fees combined with the annual income tax deduction) for the condominium
unit will be close to the current monthly cost of renting. Assuming low mortgage interest rates,
tenants could become owners if they are able to make a 10 percent down payment:
8-4
Page No.5, Item: 6
Meetin2 Date: 02/01/05
Table 1: Cost of Rental vs. Ownership (Assuming 10 Percent Down Payment)*
(Information provided by Lyon Otay Ranch)
Current Average Including Income Total
Average Monthly Monthly Tax After Tax
Monthly Mortgage Taxes, Ins. Deduction Average
Rents Pavrnents HOA Fees Savings Monthlv Cost
I-Bedroom $1,145 - $881 $1,524 $363 $1,161
2-Bedroom $1,350 $1,038 $1,762 $428 $1,334
3-Bedroom $1,775 $1,258 $2,088 $519 $1,569
*(Average Down Payment $28,000 I-Bedroom, $33,500 2-Bedroom, $39,000 3-Bedroom)
The applicant states that as of Decernber 17, 2004, approximately 10 percent of the existing
tenants expressed an interest in purchasing their unit. The applicant expects this list of tenants
to increase once the on-site sales office is opened and a concerted effort is made to provide each
tenant with an analysis concerning the purchase oftheir unit.
Staffhas verified that the applicant held a meeting on January 9th 2005 with current tenants to
inform them of the schedule for the phasing of the conversion of the apartments to
condominiums.
According to the applicant, between 30 and 40 tenants attended the meeting. The applicant
also provided referrals to tenants of comparable apartment complexes in the vicinity in order to
assist tenants who will be displaced by the conversion.
Based on a survey by "Real Facts," (consisting of participating apartment complex property
management groups with 100 or more units), there are a number of apartment complexes within
a five-mile radius with a combined total vacancy of approximately 343-units, so those tenants
that will be vacating The Crossings do have a number of relocation altematives within a close
proximity.
In addition, at the request of Planning Commission, the applicant provided a shorter list ofthe
large apartment complexes (100 units or more) within a two-mile radius (See Attachment No.
9). The applicant's research shows that there are eight apartment complexes with 100 or more
units for a total of2,344 units available, and the average occupancy rates for these complexes
ranges rrom 89 to 95 percent.
-
-
8-5
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. 8
Page No.6, Item:
Meetin2 Date: 02/01105
Village of Heritage (Village One ): If approved, the Crossings will become the first
condominium project in the Village of Heritage. As a multi-family housing product, the
conversion would provide the only currently available attached ownership opportunity in the
village as an altemative to the typically more expensive single-family homes in the village.
All remaining multi-family rental opportunities located in the Village of Heritage are adjacent
to the Heritage Town Center and Heritage Park. The Harvest Ridge and the Sun Rose
. apartments are located above or behind the Heritage Town Center and are provided as senior
and income restricted affordable apartments, respectively.
The two remaining market rate multi-family apartment complexes located in the Village of
Heritage are:
(1) The Pinnacles, consisting of two apartment complex sites due west of the Heritage
Town Center (on the north and south sides of East Palomar), and
(2) Camden Sierra, an apartment complex due east of the Heritage Town Center (south
side of East Palomar adjacent to the vacant church.site). Camden Sierra was
approved with the condition that it could be converted to condominiums in the
future.
With the approval of this application, it is conceivable that The Pinnacles could soon become
the only available market-rate rental apartments in the Village of Heritage.
Otav Ranch: In the other approved villages ofOtay Ranch adjacent to the Village of Heritage,
there are no multi-family rental apartment complexes except for the Teresina rental apartment
complex in Village Five.
Teresina consists of two apartment complex sites in the Village Five town center where 88 of
the total of 440-units are provided as income restricted affordable apartment units through a
minimum 15-year tax credit program.
The Villagio mixed-use development, which forms the core of the Village Five town center,
will soon provide for-sale market rate condominiums above the commercial suites. The five
remaining multi-family complexes (Vista Sonrisa, Gold Rush, Stetson, Winchester, and Silver
Sage) located in the Village Five are all condominiums projects.
In addition, all of the multi-family complexes currently under construction or approved for
development in the Villages of Santa Venetia (Village Six) and Windingwalk (Village Eleven)
consist entirely of town home or condominiums units.
It is anticipated that future Otay Ranch Villages Eight and Nine and the Eastern Urban Center
will have opportunities for rental housing in addition to the income restricted affordable and
student housing.
8-6
Page No.7, Item: 8
Meetin2 Date: 02/01/05
Citywide: While there are examples of both affordable and market rate rental apartments
located in many of the planned communities of eastern Chula Vista, the majority of the multi-
family rental apartments are located in western Chula Vista.
The Housing Element will be updated later this year and include an evaluation of existing
location and balance of multi-family rental housing throughout the City in preparation of a
recommended policy.
Services and Utilities
The proposed conversion to condominium units will necessitate the creation of a Homeowner's
Association (HOA) for the provision of existing services and utilities for individual unit
ownership. The following table illustrates the existing services and utilities within the project.
Table 2: Existing Utilities
Gas & Electric Meter Individual units
Telephone Connections Individual units
Heating Ventilation Air Conditioning (HV AC) Individual units
Svstems, and Water Heaters
Smoke detectors Individual units
Fire extinguishers Outside each building
Satellite Television Individual units
Cable Not Provided
Water HOA
Sewer HOA
Trash & Recycling HOA .
The complex clubhouse, pool, spa, common usable open space and landscaping maintenance
will be incorporated with the water, sewer, trash and recycling billing HOA and will be
addressed in the CC&Rs for the project.
The complex currently does not provide a cable television option (and therefore an altemative
Internet connection choice), and Cox Communication has offered to install cable connections in
each ofthe buildings and units in conjunction with the application for the tentative map. It is
possible that Chula Vista Cable service could also be installed as the other cable choice
provided in this area. The applicant has expressed an interest in providing cable connections to
the complex as part of the condominium conversion.
Design Review
A condominium conversion proj ect must satisfy current City requirements that apply to multi-
family developments. The Otay Ranch SP A ~e Planned Communities District Regulations for
8-7
. ..._,-~._----_._-------_.-_.._~~--.-~-~~------_.
·
Page No.8, Item: 8
Meeting Date: 02/01/05
the Residential Multi-Family Two (RM2) Zone were applied to the project when the project was
approved September 9, 1999 (DRC-99-65) and constructed in 2001. The conversion requires a
Zoning Administrator design review, if approved.
The RM2 development regulation standards included minimum site development standards for
amenities such as private usable open space such as patios and balconies, common usable open
space such as a tot-lot, barbecue picnic areas, a dubhouse, a pool and a spa, and off-street
parking in the form of garages, open parking spaces and on-street parking.
Conversion of Dwelling Units to Independent Ownership (CVMC Chapter 15.56)
Apartments converted to for sale condominiums require certain amenities such as adequate
storage for each unit, and must satisfy current code requirements such as the Fire and Uniform
Building Code standards prior to occupancy as for sale units.
Pursuant to Chapter 15.56 of the Municipal Code (Conversion of Dwelling Units to
Independent Ownership), the Planning Commission and City Council will need to make the
following findings as analyzed below and incorporated into the draft City Council resolution in
order for the proposed condominium conversion to be approved.
Fire Protection: The Fire Marshall has determined that the project is in substantial conformance
with fire protection standards. The project is conditioned to comply with current fire protection
requirements.
Uniform Building Code: The Building Department has determined that the project as built in
2001 in compliance with the Uniform Building Code. Since the project was built after 1995, a
Physical Elements Report was not required and the project was found to be in substantial
conformance with the requirements of the Building Code.
Storage Space: Section 15.56.020 requires storage area for each unit. There are 66 one-bedroom
units, 74 two-bedroom units, and 28 three-bedroom units, and each one, two or three bedroom
unit is required to possess 150,200 or 250 cubic feet of storage area respectively. A total of70
percent of the required storage is required to be contiguous to the unit served. Of the total
storage area provided, the contiguous portion is located adj acent to patios, balconies or attached
garages.
There are 18 one-bedroom units with 62 cubic feet of storage, 48 one-bedroom and 62 two-
bedroom units with 72 cubic feet of storage, 12 two-bedroom units with 200 cubic feet of
storage, and 28 three-bedroom units with 104 cubic feet of storage adjacent to a patio or
balcony. The Applicant then proposes to provide 179 cubic feet of storage in the 104 attached
single-car garages and 220 cubic feet in the 64 detached single-car garages utilizing cages above
the rear wall and hanging storage along the side.
.-
8-8
Page No.9, Item: 8
Meeting Date: 02/01/05
Therefore, the amount of storage area and the location of the proposed storage for each unit do
not meet the standards ofCVMC Section 15.56.020 (C); however, Section 15.56.070 allows for
exceptions to the storage requirements based upon overall project acceptability.
In accordance with the recommendation of the Planning Commission, the City Council can find
that the merits of the project warrant the granting of exception to the project rrom the City's
storage requirements based upon the City's desire to provide altemative entry-level homeowner
opportunities in the project location, the project's overall conformance with the City's General
Plan, ordinances, and policies, and its conformity with the average storage space requirements
for a majority of the 168 units.
The City Council further can find that good cause exists for granting an exception because this
is a relatively new project with each unit having at least one walk-in closet and the two bedroom
and three bedroom units having two walk-in closets.
Strict compliance with Section 15.56.020 would require significant modifications to the units
and would unduly raise the price of this housing that is inconsistent with the City's desire to
provide cost effective housing. Staff also believes that an exception can be made because there
is sufficient cubic storage space overall on average for a majority of the 168 units.
Housing Code: The Project is required to obtain building inspections for the installation of the
overhead and side mounted garage storage units to ensure compliance with overhead and side
clearance requirements as well as inspections of any interior remodeling requiring any
alterations to the existing plumbing or electrical systems in compliance with building and fire
codes prior to the conversion for sale of each unit.
Protective Lighting Standards: The Project will maintain the existing protective lighting
standards.
Off-street Parking: The Otay Ranch SPA One Plan Planned Community District Regulations
requires 1.5, 2, or 2.25 parking spaces for one, two, and three-bedroom units respectively.
Therefore, the Project requires a minimum 310 off-street parking spaces for the 168-unit
complex consisting of 66 one-bedroom, 74 two_bedroom and 28 three-bedroom units. The
Project provides 314 off-street parking spaces with a minimum one single-car garage space per
unit. There are 176 single-car garage spaces and 138 open parking spaces.
Design Guidelines: The 11 three-story residential buildings, the clubhouse, and detached garage
buildings will remain as originally approved by the Design Review Committee September 9,
1999 (DRC-99-65).
The Applicant does not propose any exterior changes to the existing buildings (which were
constructed in 2001), but will upgrade the general appearance of the complex with various
cosmetic landscaping and paving improvements. There will also be standard and premium
8-9
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.
Page No. 10, Item: B
Meetin!: Date: 02/01105
interior improvements to each of the individual units. Overhead and side mounted metal
storage cages will be added to the garages.
. Separate Service Meters: Each unit is individually metered for gas and electric service. A
Homeowners Association will be responsible for the water and sewer service utility meters that
are common for units within the 11 residential buildings in conjunction with the common utility
maintenance of the clubhouse, pool, and common open space areas. The Applicant is required
to provide written evidence how this will be satisfied.
Housing Department Com{!liance Survev: The Project received a safety inspection on October
7, 2004 and the Applicant made the necessary repairs or corrections as noted in a letter of
compliance November 15, 2004.
CC&Rs: The Project is conditioned to provide declarations of covenants, conditions and
restrictions in conjunction with the Final Map.
Common ÛjJen Space: The Otay Ranch SPA One Plan Planned Community District
Regulations defers to Zoning Code Section 19.28.090, which requires 400 square feet of
common usable open space per one and two-bedroom unit, and 480 square feet of common
usable open space per three-bedroom unit, and the project provides 69,440-square feet of
common open space.
Noticing Documentation
Pursuant to Section 66452 ofthe Subdivision Map Act, condominium conversion projects must
satisfY certain noticing requirements for specified time periods. Table 3 below identifies the
type of noticing and when existing and prospective tenants should receive them.
The tenants were first made aware of the condominium conversion project proposal in June
2004, and will be given notice of having the first option to purchase a unit. The Table also
shows when the Developer shall meet these requirements.
Table 3: Noticing Documentation
NOTICE REQUIREMENT HOW LONG & WHEN COMPLIANCE
60-day notice to all existing 60 days prior to filing a Design 60-day notices were sent
tenants of intent to convert - Review and Tentative Map certified mail to existing
"Fonn A" application with the City tenants on June 21,2004'
Notice to all prospective tenants of Prior to acceptance of any rent Applicant has submitted a
intent to convert - "Form B" or deposit from the prospective current tenant list with copies
tenant of signed forms for all new
tenants*
10-day notice to all existing 10 days before or after submittal To be determined/prior to
tenants of an application of a of the Public Report to the Final Map
Public Report - "Form C" Department of Real Estate
8-10
Page No. 11, Item: 8
Meeting Date: 02/01105
10-day Notice to all existing Within 10 days of approval of To be detenninedlprior to
tenants of Final Map approval - tbe Fina] Map by tbe City Final Map
"Form D"
Notice to all prospective tenants of Prior to acceptance of any rent To be detenninedlprior to
option to purchase/tennination of or deposit from tbe prospective Final Map
tenancy - "F onn E" tenant
90-day Notice to all existing For a period of 90 days after To be detenninedlprior to
tenants of option to issuance of tbe Public Report Final Map
purchase/tennìnation of tenancy- from tbe Department of Real
"Farm pJ7 Estate
180-day notice to all existing 180 days prior to tennination of Submitted to tbe City on
tenants of intent to tenancy December 20, 2004'
convertltennination of tenancy -
"Form G"
* See Attachment 7 - Noticing Documentation
The City Council only need to find that the Developer has submitted Forms "A" and "B" prior
to the approval of the tentative map. A complete set ofthese notices is on file. The remaiIring
notices are required prior to acceptance of the Final Map; however, the Developer has already
submitted Form "G." Samples of these three notices are included as Attachment 7, Noticing
Documentation.
CONCLUSION: The project has met or will be able to meet the City's current requirements
for a condominium conversion, with the request that the City Council allow for an exception to
the storage space requirement of70percent connected to the unit for 72 of the 176 (41 percent)
detached single-car garages based on the overall merits of the project. Ifthis finding is made as
noted and described in the finding in the draft City Council Resolution attached, the City
Council can approve the Tentative Map subject to the conditions listed in the City Council
Resolution.
FISCAL IMP ACT: There are no fiscal impacts rrom the preparation of this report and the
processing ofthe Tentative Subdivision Map. All costs are covered by the deposit accounts.
ATTACHMENTS:
Locator Map
Planning Commission Resolution No. PCS-05-08 Approved January 12,2005
Existing Site Plan and Floor Plans for 1,2, and 3-Bedroom Apartments
Party Wall Plan View Cut and Floor/Ceiling Assembly As-Built Condition
Storage Space Diagrams (Floor Plans and Storage Unit Specifications)
Noticing Documentation (Forms "A," "B," and "G")
Tentative Map Application with Disclosure Statements (Appendices A, B, and C)
Apartment Complexes within a Two-Mile Radius
Tentative Map (Condominium Subdivision Map)
J:IPlanningIHAROLDlPCS-05-08CCreport.doc -
8-11
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School
Herttaee Park
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Community Center
The Park
At Otav Ranch
Aoortments
Sharo
Medical
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C HULA VISTA PLANNING AND BUILDING DEPARTMENT
LOCATOR Ä~~cl~';,1T: Lyon, Otay Ranch, LLC PROJECT OESCRIPTION:
Œ) SUBDIVISION
PROJECT 1441 Santa Lucia Road ~equest Proposal to convert 168 apartment units into condominIums
ADDRESS: at Qtay Ranch Village 1, Neighborhood R21, The Crossings.
SCALE: FILE NUMBER:
NORTH No Scale PCS-05-08 Related cases: DRC-05-13
J:\plannmg\carlos\locators\pcs050B.cdr 09.15.04 u
RESOLUTION NO. PCS-OS-08
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CHULA VISTA RECOMMENDING THAT THE
CITY COUNCIL APPROVE AND IMPOSE CONDITIONS OF A
TENTATIVE MAP TO SUBDIVIDE 6.95 ACRES AT 1441
SANTA LUCIA ROAD INTO A ONE-LOT CONDOMINIUM
TENT A TIVE SUBDIVISION MAP CONTAINING 168
RESIDENTIAL UNITS - LYON OT A Y RANCH LLC.
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on
August 23,2004, with the City of Chula Vista Planning and Building Department by the Lyon
Otay Ranch LLC "Applicant" requesting approval of a Tentative Subdivision Map to convert
168 apartment units into individually own condominium; and
WHEREAS, the area of land, which is the subject of this Resolution, consists of 6.95
acres commonly known as The Crossings at Otay Ranch Apartments, and located at 1441 Santa
Lucia Road ("Project Site"); and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
proposed project qualifies for a Class 1 (Existing Facilities) categorical exemption pursuant to
Section 15301 of the State CEQA Guidelines; and
WHEREAS, the Planning and Building Director set the time and place for a hearing on
said Tentative Subdivision 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 current
tenants of the complex, and property owners and residents within 500 feet of the exterior
boundaries of the property and the current tenants at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely January 12,
2005, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning
Commission and said hearing was thereafter closed; and
WHEREAS, after considering all reports, evidence, and testimony presented at said
public hearing with respect to the Tentative Subdivision Map application, the Planning
Commission voted (4-0-0-2) recommending adoption of Resolution PCS-05-08 approving
Tentative Subdivision Map; and
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION
does hereby recommend that the City Council approve the proposed Tentative Subdivision Map
and adopt the attached City Council Resolution in accordance with the findings and subject to
the conditions contained therein.
8-13
_ ._~____..~_.._,_._,.m_.__._,......__" __ ._~.________ - ----,'.-
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City
Council and the Applicant.
·
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 12th day of January 2005, by the following vote, to wit:
AYES: Cortes, Felber, Horn, Hall
NOES:
ABSTAIN:
· ABSENT: O'Neill, Madrid
~~k~""
ATTEST:
~~~
Diana Vargas, Secret .
·
J :\PLANNINGIHAROLD\REsOLUTIONS\PCS-05-08CROSSINGsPCRESO.DOC
·
8-14
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DOUGLAS WILSON CO PAGE 03/04
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8-18
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DOUGLAS WILSON CO PAGE 04(04
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8-19
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OTAY RANCH
CHULA VISTA, CA
.
IoIAImNEZ + CUTRI DATE:
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OTAY RANCH
CHULA VISTA, CA
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OTAY RANCH
CHUL;A VISTA. CA
.
YARTINEZ + CITI'RI I DATE:
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CHULA VISTA. CA
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CHU j. VISTA, CA
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OTAY RANCH
CHULA VISTA, CA
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OTAY RANCH
CHULA VISTA,CA
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·
~ WILLIAM LYON PROPERTY MANAGEMENT ~(J-~~
4901 BIRCH STREET. NEWPORT BEACH. CA 92660 . (949) 252-9101 . FAX 1949) 252-9202
· NOTICE TO EXISTING TENANT
OF INTENT TO CONVERT
FORM "A" Via Certified U.S. Mail
Return Receivt Requested
To the occupant(s) of:
1441 Santa Lucia Road Chula Vista, CA 91913 1021
(address) (apartment #)
·
The owner(s) of this building, at 1441 Santa Lucia Road. Chula Vista, CA 91913
(address), plans to file a tentative map with the City ofChula Vista to convert this
bui1ding to a condominium project. You shaH be given notice of each hea.'"'ing for which
notice is required pursuant to Sections 66451.3 and 66452.5 of the Government Code and
you have the right to appear and the right to be heard at any such hearing.
C-/.. .I ~ a. /Y1 ('<./1 t;¡~
(signatur f owner or owner's agent)
June 16. 2004
· Complete items 1, 2. and 3. Also complete . A' Signature
item 4 if Restricted Delivery is desired. '~Cá<'~ ß
· Print your name and address on the reverse
so that we can return the card to you. Received by ( Printed Name)
· Attach this card to the back of the mail ::-" . :RIOJi!.D \ ~k~Æ5
or on the front if space penTlits. D. Is delivery address different from item 17
1. Article Addressed to: II YES, enter delivery address below:
-
Richard Vargas
1441 Santa Lucia Road, # 1021
Chula Vista"Ca 9] 913
3. Service Type
~ertìfled Mail o Express Mail
\ Registered o Return Aecei~ tor MefChandlse
o Insured Mail 00.0.0.
8-34 ~\ 4. Restricted Delivery? (Extra Fee) DYes
·
-~ ~.... .....n.....-. IIf nIl n;¡Lg
JUL 30 2004 3:56PM HP LASERJET 3200 p.2
THE WILLIAM LYON PROPERTY MANAGEMENT ~
4901 BIRCH STREET, NEWPORT BEACH, CA 92660. (949) 252-9101 . FAX (949) 252.9202
NOTICE TO PROSPECTrvE TENANT
OF INTENT TO CONVERT
FORM "B" Via Certified U.S. Mail
Return ReceÌ/Jt Requested
To the prospective occupant(s) of:
1441 Santa Lucia Road., Chula Vista. CA 91913 1'2/1
(address) (apartment #)
The owner(s) of this building, at 1441 Santa Lucia Road. Chula Vista. CA
91913 (address), has filed or plans to.f1le a tentative map with the City ofChula Vista to
convert this building to a condominium project. No units may be sold in this building
unless the conversion is approved by the City of Chula Vista and until after a public
report is issued by the Department of Real Estate. If you become a tenant of the building,
you shall be given notice of each hearing for w]¡jch notice is required pursuant to
Sections 55451.3 and 66452.5 of the Government Code, and you have the right to appear
and the right to be heard at any such bearing.
.¡(}¡W j /; OOMdJ
(signature of owner or owner's agent)
7- 30 - tJ^I
(dated)
I have received this notice on ,"~r
/
, ")
. ~
MuKi-Family Real Estate Specialists
"
8-35
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~
Lyon Apartment Companies
Acquisition . Development . Management
4901 BIRCH STREET, NEWPORT BEACH, CA 92660. (949) 252-9101 . FAX (949) 252-9202
CONDOMINIUM CONVERSIONS-FORM G
,
180-DA Y
NOTICE TO EXISTING TENANT
OF INTENT TO CONVERTlTERMINATION OF TENANCY
Via Certified U.S. Mail
Return Receipt Requested
To the occupant(s) of:
1441 Santa Lucia Road, Chula Vista. CA 91913
(Address) (Apartment #)
The owner of this building, at 1441 Santa Lucia Road. Chula Vista. CA 91913, has
obtained or will obtain all necessary approvals from the City of Chula Vista and
Department of Real Estate. After the approval of the Building Permit, the owner can
begin the construction process of converting the units into condominiums, if changes
are being proposed. The owner has the right to terminate your lease or rental
agreement on or after 180 days of the date of this notice. Please verify with the owner
, or owner's agent of the anticipated move out date if you have not purchased or do not
purchase your unit. Tenants who purchase their units may also be required to
temporarily move out during the construction phase.
(Signature of owner or owner's agent)
,
December 17 , 2004
(Date)
Multi-Family Real Estate Specialists
8-36
~\~ Planning & Building Department
-r-
r _ Planning Division I Development Processing
-
cm OF APPLICATION DEVELOPMENT PROCESSING
CHULA VISfA . . TYPE B
Part 1
Type of Review Requested
o General Plan Amendment STAFF USE ONLY P _ g
o General Development Plan 0 New (or) OAmendment CS - tJS . 0
Case #:
o SPA/Specific Plan DNew (or) OAmendment Filing Date: g.. æ -0-1'. By: Lr I-
o Zone Change Assigned Planner: Ph e / p0,
:!QI Tentative Subdivision Map Receipt #: 0;;) - CJ /,;;;), Ó3~
o Annexation
o Other: Project Account: W - '- 31J6
Deposit Account: DÇj J 1/ D:¡-
Application Information Related Cases: . j(C- tx;-/6
Applicant Name: Lyon Otay Ranch, LLC
Applicant Address: 4901 Birch Street, Newport Beach, CA 92660
Contact: Terry R. PloWden Phone: (619) 641-1141
Applicant's Interest in Property (If applicant is not the owner, the owner's authorization signature at the end of this form is required
to process this request.) . [XJ Own 0 Lease 0 In escrow 0 Option to purchase
Engineer/Agent: Douglas Wilson Companies Address: 450 B Street, Suite 1900, San Diego, CA
Contact: Terry R. Plowden Phone: (619) 641-1141 92101
Primary contact is: o Applicant IX] Agent OEma11 address of primary contact: tp1owden®douglaswi1son.com
General Project Description (all types)
Project Name: The Crossinqs at otay Ranch Residential Condominium
Proposed Use: r'nnvr::r.y!=d nT1
Generai Description of Proposed Project: Conversion of an. existing 168 unit residential apartment
complex to condominiums on 6.95 acres ln the Vlllage One Core \nelghborhooC! I<-¿l) , utay
Ranch .
Subject Property Information (all types)
Location/Street Address: ]441 Santa Lucia Road
Assessor's Parcel #: 642-073-02 * TOlal Acreage: 6.95 Redevelopment Area (if applicable): N/A
General Plan Designation: MH Zone Designation: RM2
Planned Community (if applicable): otav Ranch
Current Land Use:Multi-family residential (apartments) Within Montgomery Specific Plan? DYes IX] No
* 900-000-19 and 900-000-20.
General Plan Amendment
Proposed Land Use Designation: n/~
Justification for General Plan change: n/c.
RevS.03
276 Fourth Avenue I (hula Vista 8_3.,lifornia I 91910 I (619) 691-5101 Pg112
_______ _.__n".____ __, _,~__"_____~___.__.._"_____,________,..____ "".- -
~!f?-
-r- APPLICATION DEVELOPMENT PROCESSING
~ . . TYPE B
· CJìYOF
CHULA VISTA Part 2
General Development Plan
General Development Plan Name:
Proposed Lond Uses / Totel Acres:
Commercial / Acres Industrial / Acres
Parks / Acres Schools / Acres
Community Purpose / Acres Circulation / Acres
·
Public/Quasi / Acres Open Space / Acres
Residential/Range:
Single Family Detached / to Units Acres
Single Family Attached / to Units Acres
Duplexes / to Units Acres
Apartments / to Units Acres
Condominiums / 10 Units Acres
· TOTALS / to Units Acres
Annexation
Prezoning: LAFCO Reference #:
Tentative Subdivision Map
Subdivision Name: The Crossinqs at Otay RanchCV Tract #: N/A
Minimum lot size: N/A Number of units: N/A Average lot size: N/A
·
Zone Change
o Rezoning o Prezoning o Setback ('lIe;,
-
Proposed zoning:
Auth orizatian
Print appiicant name: Lyon Ranch, LLC
· $""-
Applicant Signature: \ Dole:
~n!( .s-"h~YC/J -1f S~ 1->1\ f;é:tfN1 ~~ f c;
p. . Lyon Otay Ranch, LLC
nnt owner name :
Owner Signoture·: >=--- Dole:
·Proof of ownership may be required. Letter of consent may be provide In leu 0 signatur .
Rev5.Q3
276 Fourth Avenue I (hula Vista 8_§8Iifornia I 91910 I (619) 691-5101 Pg 2/2
·
,
LYON
CAPITAL
VENTURES Received
October 3, 2004
OCT 0 5 2004
Mr. Harold E. Phelps, III AICP
Associate Planner DOuglas Wilson compcm*
City of Chula Vista
Planning and Building Department
276 Fourth Avenue, MS P-I01
Chula Vista, CA 91910
Re: Condominium Conversion
The Crossings at Otay Ranch
1441 Santa Lucia Road
Chula Vista, CA 91913
Dear Harold:
Please accept this letter as the Owner's consent and authorization for the City to process
the condominium conversion application for The Crossing at Otay Ranch. Douglas
Wilson Companies is acting as Owner's Agent and Terry Plowden Of Douglas Wilson
Companies serves as Project Coordinator for the conversion.
If you have any questions regarding this Owner's authorization, please feel rree to contact
the following:
Mr. Forrest Corral
Lyon Capital Ventures
4901 Birch Street
Newport Beach, CA 92660
949-838-1270
Thank you for your help.
Lyon Otay Ranch, LLC
a California limited liability company
By: Lyon Housing (Otay Ranch) XXIII, LLC
a California limited liability company
its sole member
By: Fr1\.~yan, f--
President
4901 Birch Street, Newport Beach. CalifornS'~~§O . 949.252.910] . Fax 949.252.9202
- - -- --~._,,_.__._,-_.~---~_..."~_.~--_..~-_._--_._._-~_.__..
CALIFORNIA ALL·PURPOSE ACKNOWLEDGMENT
State of California }
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County of 0 ( LU lL\\i.
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On ()C'}·Ú.;;ei' 1.1,lt before me, '[)teYl' rillv1n2..-
. Daja ! Name ndTit1eot Officar (g,g., "Jana Doe, Notary Public")
personally appeared ( C,-nJc.... I
personally known to me
o proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) a;tare I
subscribed to the witl)in instrument and
acknowledged to me that(bß¡she/they executed
the same in @her/their authorized ,I
capacity(ies), and that by cf!WIher/their I
signature(s) on the instrument the person(s), or
, ¡;;;. - - - - - - - ~ 1he entity upon behalf of which the person(s) I
DANI M. MUNOZ cted, executed the instru nt. ì
- Commission # 1374502
i ~,,; Notary Public - Colifornla ~ W '[NESS my haf d and oIal seal. 'I
i' O,or,ge County t . \' I I '
_ : _ _My:,-,~~~E~¡re~Se~ 1:~ ~ (Lt\ t S. , ,..__ PL,"-,. ~/)-
L\jr¡a ura ° "",...ry VIC
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OPTIONAL
Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document I
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' lïtleorTypeofDocument: UL<J'lQi~ ()if D:tn.t- I--1d.-IIC/I
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Document Date: '\ i (,1.']'-/ '-' I £.-U{ Number of Pages:
Signer(s) Other Than Named Above: ·1
Capacity(ies) Claimed by Signer
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Signer's Name: _r{ 6-,dc. ,. Sû.:J Cš J ,y~.
o Individual Top at Ihumb here
D Corporate Officer - TItle(s):
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D Morney-in-Fact
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C 1999 National NOlary Association· 9350 De Solo Ave., PO, 8o~ 2402' C11111swOO1I1, CA 91313-2402 !;·wwwnalìonalrn¡tary.o,g Prod. No. 5907 Remde.: Call Toll.F,ee 1-800·8ï6-6827
8-40
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... - Planning Building
& Department
cm OF Planning Division I Development Proce5"sing
CHULA VISTA
APPLICATION APPENDIX A
Project Description & Justification
Project Name: _ The Crossings at otay Ranch
Applicant Name: Lyon Otay Ranch, lJ,C
Please fully describe the proposed project, any and all construction that may be accomplished as a result of approval of
this project, and the project's benefits to yourself, the property, the neighborhood, and the City of Chula vista. Include any
details necessary to adequately explain the scope and/or operation of the proposed project. You may Include any
background information and supporting statements regarding the reasons for, or appropriateness of, the application. Use
an addendum sheet if necessary.
For all Conditional Use Permits or Variances, please address the required "findings" as listed in the Application Procedural
Guide.
Please see attached.
276 Fourth Avenue I Chu!a Vista I California I 91910 I (619) 691-5101
8-41
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·
City of Chula Vista
Planning & Building Department
Project: The Crossings at Otay Ranch
Applicant Name: Lyon Otay Ranch, LLC
(Application Appendix A coni.)
·
The Crossings at Otay Ranch was constructed in 2001 and consists of a 168 unit apartment
complex with 11 three-story buildings on a 6.95 acre site. There are 66 one-bedroom units, 74
two-bedroom units and 28 three-bedroom units. Unit sizes range rrom 709 to 1,356 square feet.
The property is also improved with a pool and spa, two barbeque picnic areas, and a clubhouse
which includes a fitness center and business center. Parking consists of 176 single space parking
garages and 13 8 open parking stalls.
Prior to construction, this project (Case No. DRC-99-65) was reviewed and approved by the
· Chula Vista Design Review Committee.
Tbe applicant acquired the property in June 2004 and is now seeking approval to convert the
project from apartments to condominiums. As part of the conversion process, the applicant
intends to supplement and enhance common area landscaping, upgrade the unit interiors and
provide additional enclosed storage as discussed below.
This is essentially a new project which has been well maintained. Conversion of this property
will create more affordable housing in ChuIa Vista, an area with rapidly increasing home prices.
Sales prices are estimated to average approximateJy $300,000 when the condominiums are
offered for sale in early 2005. This wi]] be the lowest priced housing offered for sale in the Otay
· Ranch providing an opportunity for first time homeowners to buy into this master planned
community. The first escrow closings are projected to be in the summer of 2005. Conversion of
this project will also result in long term stable occupancy and the inherent "pride of ownership"
which fo]]ows. Finally, the real estate tax base for this property currently valued at
approximately $27 million is estimated to be approximately $49 million after the converted units
are sold.
All existing tenants will be given the opportunity to purchase their units (subject to, among other
things, credit qualification). In June 2004, all tenants were provided with a Notice of Intent to
Convert and will be provided with additional notices regarding the conversion process as it
· progresses. Tenants who elect not to purchase will be provided with a minimum of six (6)
months notice that their lease may be terminated. The Community Development Department is
aware of the conversion and will be providing relocation assistance to tenants as necessary.
With respect to the C.V. Municipal Code storage requirements, unlike older apartment projects
undergoing conversion, as a newly constructed project, the Crossings was designed to current
standards with ample storage. The code requirement for storage for each unit can be satisfied
with a combination of storage added in the garages and existing storage in each unit.
,
·
8-42
Each unit will be assigned an enclosed garage, either attached to the condominium building or in
a separate building nearby. In the attached garages, the attached diagrams identify 179 cu. ft. ,of
potential storage volume. This is enough by itself to satisfy the storage requirement for a one
bedroom unit. In the detached garages, the amount of identified storage is 220 cu. ft. That is
enough in itself to satisfy the storage requirement for a 2-bedroom unit. The proposed garage
storage is a combination of a cabinet at the back of the garage (that is, the end away rrom the
roll-up door) and hanging storage on the sides of the garage above head height.
Each unit has a closet on the patio of the unit. It houses the water heater, but also has a large
volume in rront of the door. It is clearly intended for the storage of chairs and other patio gear.
This appJication requests that a portion of the patio closet be counted toward the storage
requirement. As an alternative, the patio closet could be partitioned and an access panel added to
separate the water heater rrom the storage room.
Each unit has at least one walk-in closet, and the two- and three-bedroom units have two walk-in
closets. This appJication requests that a portion of the second walk-in closet be counted toward
the storage requirement. As an alternative, one of the walk-in closets in each unit could be
partitioned and called a storage closet. A better solution is to let each unit owner configure the
closet to their own needs. There is ample room to replace some hanging space with shelves as
needed. If a partition is installed, it wouldn't result in any additional storage space.
The condominium conversion ordinance suggests the space over the washer/dryer could be
counted as storage. This application does not count that space, though it is available. In
addition, each unit has a hall closet for hanging coats, and this appJication does not count that
closet for any portion of the required storage.
The applicant recognizes that this application does not meet the letter of the code in two ways.
First, the requirement that 70% of the storage be attached to the unit is not met in cases where the
detached garage provides a majority of the storage. The applicant requests a review of the site
plan, which shows that a majority of detached garages are within 50 feet, and never more than
100 feet, from their assigned unit. In this project, the detached, enclosed garage should be
allowed full value for storage.
Second, the storage inside the unit is spJit between the patio storage and the walk-in closet
storage. When the garage is added, the storage is split into 3 or 4 locations. The code asks for
not more than 2 locations. The applicant asks that because of the generous amount of total
storage in the units, that this split be allowed.
If the two items above are not allowed, the applicant will divide one of the closets to create a
designated storage room. It will meet the letter of the code, but wiJ1 not resuJt in more storage in
the unit. It is better for the unit owner to have the option of configuring the space for their
specific needs.
In summary, this project, with the proposed garage storage, meets the intended storage
requirements of the c.v. Municipal Code.
;
8-43
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-,.-
. - Planning i I d i
- & B u n g D epartment
em OF Planning Division I Development Processing
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be flied. The following information
must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Lyon Gray R~nrh. TT.r
2. If any person· identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
· a $2000 investment in the business (corporation/partnership) entity.
William Lyon Frank Suryan
Dick Frankel Bill H. T YOì1
3. If any person· identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
·
Douglas Wilson Companies
5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes_ No--1L-
If Yes, briefly describe the nature of the financial interest the official'· may have in this contract.
·
6. Have you made a contribution of more than $250 within the past tweive (12) months to a current member of the
Chula Vista City Council? No L Yes _ If yes, which Council member?
276 Fourth Avenue I Chu!a Vista I California I 91910 I (619) 691·5101
·
8-44
P I a n n i n g & B u i I din g D epartment
em OF Planning Division I Development Processing
CHUIA VISfA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of èquivalent value) to an official" of the City of Chula Vista in the
past twelve (12* months? (This includes being a source of income, money to retire aiegal debt, gift, loan, etc.)
Yes_ No_
If Yes, which officiai" and what was the nature of item provided?
Date: 7 / 30 / 2004 .~.~
Signature of Contr ctor/Applicant
Forrest Corral Print or
type name of Contractor/Applicant
. Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or othßr
political subdivision, -or any other group or combination acting as a unit.
.. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commission, or committee of the City, employee, or staff members.
276 Fourth Avenue I (hula Vista I California I 91910 I (619) 691-5101
8-45
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· ~\~
:-r---= P I a n n j n g & B u i I d i n g Departme t
- n
OTY OF Planning Division I Development Processing
CHUIA VISTA
APPLICATION APPENDIX C
Development Permit Processing Agreement
Permit Applicant: Lyon Otay Ranch, LLC
· Applicant's Address: 4901 Birch Street. NewDort Beach. CA 92660
Type of Permit: Tentative Map/Desiqn Review
Agreement Date: July 28, 2004
Deposit Amount:
This Agreement ("Agreement") between the City of Chula Vista, a chartered municipal corporation ("City") and the
forenamed applicant for a development permit ("Applicanf'), effective as of the Agreement Date set forth above, is made
with reference to the following facts:
Whereas, Applicant has applied to the City for a permit of the type aforereferenced ("Permit") which the City has
· . required to be obtained as a condition to permitting Applicant to develop a parcel of property; and,
Whereas, the City will incur expenses in order to process said permit through the various departments and before
the various boards and commissions of the City ("Processing Services"); and,
Whereas the purpose of this agreement is to reimburse the City for all expenses it will incur in connection with
providing the Processing Services;
Now, therefore, the· parties do hereby agree, in exchange for the mutual promises herein contained, as follows:
1. Applicant's Duty to Pay.
Applicant shall pay all of City's expenses incurred in providing Processing Services related to Applicant's Permit, including
all of City's direct and overhead costs related thereto. This duty of Applicant shall be referred to herein as "Applicant's
· Duty to Pay."
1.1. Applicant's Deposit Duty.
As partial performance of Applicant's Duty to Pay, Applicant shall deposit the amount aforereferenced ("Deposit").
1.1.1. City shall charge its lawful expenses incurred in providing Processing Services against
Applicant's Deposit. If, after the conclusion of processing Applicant's Permit, any portion of the
Deposit remains, City shall return said balance to Applicant without interest thereon. If, during the
processing of Applicant's Permit, the amount of the Deposit becomes exhausted, or is imminently
likely to become exhausted in the opinion of the e City, upon notice of same by City, Applicant
shall forthwith provide such additional deposit as City shall calculate as reasonably necessary to
continue Processing Services. The duty of Applicant to initially deposit and to supplement said
deposit as herein required shall be known as "Applicant's Deposit Duty".
2. City's Duty.
City shall, upon the condition .that Applicant is no in breach of Applicant's Duty to Payor Applicant's Deposit Duty,
use good faith to provide processing services in reiation to Applicant's Permit application.
2.1. City shall have no liability hereunder to Applicant for the failure to process Applicant's Permit application, or
for failure to process Applicant's Permit within the time frame requested by Applicant or estimated by City.
;
276 Fourth Avenue I Chura Vista è California I 91910 I (619) 691-5101
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n g & B Department
CI1Y OF Planning Division I Development Processing
CHUIA VISTA Development Permit Processing Agreement - Page 2
2.2. By executiDn Df this agreement Applicant shall have nD right tD the Permit fDr which Applicant has applied.
City shall use its discretiDn in valuating Applicant's Permit ApplicatiDn withDut regard to Applicant's promise tD pay for the
Processing Services, Dr the executiDn Df the Agreement.
3. Remedies.
3.1. SuspensiDn Df PrDcessing
In additiDn tD ail Dther rights and remedies which the City shall otherwise have at law Dr equity, the City has
the right tD suspend and/Dr withhold the prDcessing Df the Permit which is the subject matte:r Df this Agreement, as well as
the Permit which may be the subject matter Df any other Permit which Applicant has before the City.
3.2. Civil CDllectiDn
In additiDn tD ail Dther rights and remedies which the City shail Dtherwise have at law Dr equity, the City has
the right tD cDilect ail sums which are or may become due hereunder by civil action, and upon instituting IitigatiDn tD cDilect
same, the prevailing party shail be entitled tD reasDnable attomey's fees and costs.
4. MiscellaneDus.
4.1 NDtices.
All nDtices, demands Dr requests prDvided fDr or permitted to be given pursuant to this Agreement must be in
writing. Ail notices, demands and requests tD be sent to any party shail be deemed to have been properiy 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 adjacent to the signatures of the parties represented.
4.2 Governing LawNenue.
This Agreement shail be gDverned by and construed in accDrdance with the iaws Df the State Df CalifDrnia.
Any action arising under or relating to this Agreement shall be brDught only in the federal Dr state CDUrtS IDcated in' San
Diego County, State of CalifDrnia, and if applicable, the City of Chula Vista, or as clDse thereto as possible. Venue fDr this
Agreement, and perfDrmance hereunder, shail be the City Df Chula Vista.
4.3. Multiple SignatDries.
If there are multiple signatories tD this agreement Dn behalf Df Applicant, each of such signatDries shail be
jDintly and severaily liable for the performance of Applicant's duties herein set fDrth.
4.4. Signatory Authority.
This signatory tD this agreement hereby warrants and represents that he is the duly designated agent for the
Applicant and has been duly authorized by the Applicant to execute this Agreement on behalf of the Applicant. Signatory.
shail be personaily liable for Applicant's Duty to Pay and Applicant's Duty to Deposit in the event he has not been
authorized to execute this Agreement by Applicant.
4.5 HDld Harmless.
Applicant shall defend, indemnify and hold harmless the City, its elected and appointed officers and
employees, from and against any claims, suits, actiDns or proceedings, judicial or administrative, for writs, orders,
injunctiDn or Dther relief, damages, liability, cost and expense (including without limitation attorneys' fees) arising out of
City's actions in processing or issuing Applicant's Permit, or in exercising any discretiDn related thereto including but not
limited tD the giving of proper environmental review, the holding of public hearings, the extension of due process rights,
except Dnly fDr thDse claims, suits, actions Dr proceedings arising from the sole negligence or sole willful cDnduct of the
City, its Dfficers, Dr employees known to, but not objected to, by the Applicant. Applicant's indemnification shall include
any and all CDStS, expenses, attorney's fees and liability incurred by the City, its officers, agents, Dr employees in
defending against such claims, whether the same prDceed tD judgement Dr not. Further, Applicant, at its Dwn expense,
shall, upDn written request by the City, defend any such suit Dr actiDn brDught against the City, its Dfficers, agents, or
employees. Applicant's indemnificatiDn of City shail not be limited by any priDr or subsequent declaration by the
276 Fourth Avenue I (hula Vista à-~1Iifornia I 91910 I (619) 691-5101
...~..- ...".....--.-..--,......--...-. ---~---_._---.._.._- .---...--.-
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CIlY OF Planning Division I Development Processing
CHULA VISTA
Development Permit Processing Agreement - Page 3
Applicant. At its sole discretion, the City may participate at its own expense in the defense of any such action, but such
participation shall not relieve the applicant of any obligation imposed by this condition.
4.6 Administrative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this agreement against the City unless a ciaim 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, 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 resoiving any dispute over the terms of this Agreement.
Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do
hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto.
Dated: City of Chula Vista
276 Fourth Avenue
Chula Vista, CA
By:
· ":;/''7/0Y
Dated:
/ r
By: R $",-----
·
·
276 Fou rth Avenue I Chula Vista a_,fglifornia I 91910 I (619) 691-5101
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8-50
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE 6.95
ACRES AT 1441 SANTA LUCIA ROAD INTO A ONE-LOT
CONDOMINIUM TENTATIVE SUBDIVISION MAP
CONTAINING 168 RESIDENTIAL UNITS - LYON OTAY
RANCH LLC
I. RECITALS
WHEREAS, a duly verified application for a Tentative Subdivision Map was filed on August 23,
2004, with the City of Chula Vista Planning and Building Department by the Lyon Otay Ranch
LLC ("Applicant") requesting approval of a Tentative Subdivision Map to convert 168 apartment
units into individually owned condominiums ("Project"); and
A. Project Site
WHEREAS, the area of land which is the subject matter of this Resolution is diagrammatically
represented in Exhibit "A", copies of which are on file in the Office of the City Clerk,
incorporated herein by reference, and commonly known as the Crossings at Otay Ranch Chula
Vista Tract No. 05-08, and for the purpose of general description herein consists of 6.95 acres,
located at 1441 Santa Lucia Road ("Project Site"); and
B. Project; Application for Discretionary Approval
WHEREAS, On August 23, 2004, the Applicant filed a Tentative Subdivision Map with the City
of Chula Vista Planning and Building Department requesting approval of the Tentative
Subdivision Map to convert an existing 168-unit apartment complex to 168 condominium units
for individual ownership; and
C. Prior Discretionary Approval and Recommendations
WHEREAS, the development of the Project Site has received the following discretionary
approvals or recommendations for approval: 1) Planning Commission recommendation of
approval ofPCS-05-08, Tentative Subdivision Map for a 168-unit condominium conversion on
January 12, 2005; and 2) Zoning Administrator approval ofDRC-05-13 subsequent to the City
Council approval; and
D. Planning Commission Record of Applications
WHEREAS, the Planning Commission held an advertised public hearing on the Project on
January 12, 2005, and after hearing staffs presentation and public testimony voted 4-0-0-2 to
recommend that the City Council approve the Project, in accordance with the findings and
subj ect to the conditions listed below; and
E. Council Record of Applications
WHEREAS, the City Clerk set the time and place for the public hearing on the Project's
tentative subdivision map application; and notice pf said hearing, together with its purpose, was
8-51
_____ ____ "_'___~~_"_~____'__'_' .____ __._.m~'____"_'_"'_____~·__~·_·_··_____···_
given by its publication in a newspaper of general circulation in the City, its mailing to property
· owners within 500 feet of the exterior boundary of the project and its mailing to the current
tenants residing at 1441 Santa Lucia Road, at least 10 days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the Project was held before the City
Council of the City of Chula Vista on February 1, 2005, in the Council Chambers, 276 Fourth
Avenue, at 6:00 p.m. to receive the recommendations of the Planning Commission, and to hear
public testimony with regard to the same.
NOW THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
·
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their public
hearing on the Project held on January 12, 2005, and the minutes and Resolution resulting
thererrom, are hereby incorporated into the record of this proceeding.
III. COMPLIANCE WITH CEQA
The Environmental Review Coordinator has reviewed the proposed project for compliance with
· the California Environmental Quality Act and has determined that the proposed project qualifies
for a Class 1 (Existing Facilities) categorical exemption pursuant to Section 15301 of the State
CEQA Guidelines.
IV. INDEPENDENT JUDGMENT OF CITY COUNCIL
The City Council has exercised its independent review and judgment and concurs with the
Environmental Review Coordinator's determination that the Project qualifies for a Class 1
(Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA
Guidelines.
·
V. 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, as conditioned herein for 1441 Santa
Lucia Road, is in conformance with the elements of the City's General Plan, based on the
following:
1. Land Use
It is the City's goal to accommodate diversified housing types. The site is designated
· Medium-High density consistent with the General Plan. Thus, the Project, as
conditioned, is in substantial compliance with the adopted General Plan.
2. Circulation
-
2
8-52
All on-site improvements exist or will be upgraded to serve the subdivision. All off-
site public streets required to serve the subdivision currently exist. No street
improvements are required.
3. Housing
The Proj ect is consistent with the density prescribed within the General Plan and
provides attached condominium units for individual ownership. The conversion of
168 apartment units to 168-condominium units creates additional opportunities for
residential ownership.
4. Open Space
The Project includes adequate, existing on-site open space areas as well as a
swimming pool for resident use.
5. Safetv
The Fire Department and other emergency service agencies have reviewed the
proposed subdivision for conformance with City safety policies and have detennined
that the proposal with some minor alterations to roadway access surface treatments
meets the City Threshold Standards for emergency services.
B. The configuration, orientation and topography of the site allow for a feasible setting for
passive or natural heating and cooling opportunities as required by Government Code
Section 66473.1.
C. The site is physically suited for residential development and the proposal conforms to all
standards established by the City for such project.
D. The conditions herein imposed on the grant of permit or other entitlement herein contained
is approximately proportional both in nature and extend to the impact created by the
proposed development.
VI. FINDINGS OF COMPLIANCE WITH CONDOMINIUM CONVERSION
REQUIREMENTS PURSUANT TO CHAPTER 15.56 AND APARTMENT
RESIDENTIAL ZONE REQUIREMENTS PURSUANT TO CHAPTER 19.28 OF
THE CHULA VISTA MUNICIPAL CODE
Pursuant to Chapter 15.56, Conversion of Dwelling Units to Independent Ownership, the
City Council finds that the project meets the following:
A. Fire Protection: The Fire Marshall has determined that the project is in substantial
conformance with fire protection standards. The project is conditioned to comply with
current fire protection requirements.
B. Uniform Building Code: The Building Department has detennined that the project as built
in 2001 is in compliance with the Uniform Building Code. Since the project was built after
1995, a Physical Elements Report was not required and the project was found to be in
substantial conformance with the requirements of the Building Code.
,
3
8-53
.-.",_.---------,------ ,--...-----------------..-------------.--.
C. Storage Space: Section 15.56.020 requires storage area for each unit. There are 66 one-
bedroom units, 74 two-bedroom units, and 28 three-bedroom units, and each one, two or
, three bedroom unit is required to possess 150, 200 or 250 cubic feet of storage area
respectively. A total of 70 percent of the required storage shall be contiguous to the unit
served. Of the total storage area provided, that which can be considered contiguous is
located adjacent to patios, balconies or attached garages. There are 18 one-bedroom units
with 62 cubic feet of storage, 48 one-bedroom and 62 two-bedroom units with 72 cubic
feet of storage, 12 two-bedroom units with 200 cubic feet of storage, and 28 three-bedroom
units with 104 cubic feet of storage adjacent to a patio or balcony. The Applicant then
proposes to provide 179 cubic feet of storage in the 104 attached single-car garages and
220 cubic feet in the 64 detached single-car garages utilizing cages above the rear wall and
hanging storage along the side. Therefore, the amount of storage area and the 10cation of
the proposed storage for each unit do not meet the standards of CVMC Section 15.56.020
· (C); however, Section 15.56.070 allows for exceptions to the storage requirements based
upon overall proj ect acceptability. In accordance with the recommendation of the Planning
Commission, the City Council hereby finds that the merits of the project warrant the
granting of exception to the project rrom the City's storage requirements based upon the
City's desire to provide alternative entry-level homeowner opportunities in the project
location, the proj ect' s overall conformance with the City's General Plan, ordinances, and
policies, and its conformity with the average storage space requirements for a majority of
the 168 units. The City Council further fmds that good cause exists for granting an
exception because this is a relatively new project with each unit having at least one walk-in
closet and the two bedroom and three bedroom units having two walk-in closets. Strict
· compliance with Section 15.56.020 would require significant modifications to the units and
would unduly raise the price of this housing that is inconsistent with the City's desire to
provide cost effective housing. Staff also believes that an exception can be made because
there is sufficient cubic storage space overall on average for a majority of the 168 units.
D. Housing Code: The Project shall obtain building inspections for the installation of the
overhead and side mounted garage storage units to ensure compliance. with overhead and
side clearance requirements as well as inspections of any interior remodeling requiring any
alterations to the existing plumbing or electrical systems in compliance with building and
fire codes prior to the close of escrow for the sale of each unit.
· E. Protective Lighting Standards: The Project will maintain the existing protective lighting
standards.
F. Off-street Parking: The Otay Ranch SPA One Plan Planned Community District
Regulations requires 1.5, 2, or 2.25 parking spaces for one, two, and three-bedroom units
respectively. Therefore, the Project requires a minimum 310 off-street parking spaces for
the 168-unit complex consisting of 66 one-bedroom, 74 two-bedroom and 28 three-
bedroom units. The Project provides 314 off-street parking spaces with a minimum one
single-car garage space per unit. There are 176 single-car garage spaces and 13 8 open
parking spaces.
· G. Design Guidelines: The 11 three-story residential buildings, the clubhouse, and detached
garage buildings will remain as originally approved by the Design Review Committee
September 9, 1999 (DRC-99-65). The Applicant does not propose any exterior changes to
the existing buildings (which were constructed in 2001), but will upgrade the general
4
8-54
appearance of the complex with various cosmetic landscaping and paving improvements.
There will also be standard and premium interior improvements to each of the individual
units. Overhead and side mounted metal storage cages will be added to the garages.
H. Separate Service Meters: Each unit is individually metered for gas and electric service. A
Homeowners Association will be responsible for the water and sewer service utility meters
that are common for units within the 11 residential buildings in conjunction with the
common utility maintenance of the clubhouse, pool, and common open space areas. The
Applicant shall provide written evidence how this will be satisfied.
1. Housing Department Compliance Survey: The Project obtained an apartment safety
inspection on October 7, 2004 and the Applicant made the necessary repairs or corrections
as noted in a letter of compliance dated November 15, 2004.
J. CC&Rs: The Project is conditioned to provide evidence of declarations of covenants,
conditions and restrictions in conjunction with the Final Map.
K. Common ()Pen Space: The Otay Ranch SPA One Plan Planned Community District
Regulations defers to Zoning Code Section 19.28.090, which requires 400 square feet of
common usable open space per one and two-bedroom unit, and 480 square feet of common
usable open space per three-bedroom unit, and the project provides 69,440-square feet of
common open space.
VII. COMPLIANCE WITH GOVERNMENT CODE SECTIONS 66451.3 AND 66452.5
Noticing Documentation
Government Code Sections 66451.3 and 66452.5 requires notification of a tenant's right to
a public hearing. The City of Chula Vista provided notices to tenants and surrounding property
owners of all required public hearing for the Project, and the Applicant has satisfied the
following noticing requirements at the time of submittal of the Tentative Map, which includes a
60-day "Notice of Intent to Convert", a "Notice to Prospective Tenants ofIntent to Convert", and
a 180-day notice for "Notice to Tenants of Intention to Convert and Termination of Tenancy".
BE IT FURTHER RESOLVED that the City Council does hereby approve Tentative
Subdivision Map, Chula Vista Tract No. 05-08 as represented in Exhibit "B" subject to the
general and special conditions set forth below.
VIII. GENERAL CONDITIONS OF APPROVAL
A. Proj ect Site is Improved with Proj ect
The Applicant, or their successors in interest, shall improve the Project Site with the
Project as described in the Tentative Subdivision Map, Chula Vista Tract No. 05-08,1441
Santa Lucia Road.
B. Design Consistency
Any improvements made to the condominium units by the Applicant shall be in
accordance with the Otay Ranch and City of Chula Vista Design Guidelines and in
5
8-55
..._--,----_.._-~.._-- ..-...._-----_.__...~ --.
accordance with DRC-05-13 approval by the Zoning Administrator subsequent to the City
Council approval.
, IX. SPECIAL CONDITIONS OF APPROVAL
The conditions herein imposed on the tentative map approval or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by the
proposed development. Unless otherwise specified, all conditions and code requirements listed
below shall be fully completed to the City's satisfaction prior to approval ofthe Final Map.
PLANNING AND BUILDING
1. All of the terms, covenants and conditions contained herein shall be binding upon and
inure to the benefit of the heirs, successors, assigns and representatives of the Applicant as
· to any or all of the property.
2. Applicant or its successors shall, comply, remain in compliance and implement, the terms,
conditions and provisions, as are applicable to the property which is the subject matter of
this Tentative Subdivision Map and as recommended for approval by the Planning
Commission on January 12, 2005, and DRC-05-13 as approved by the Zoning
Administrator. The Applicant or its successors shall enter into an agreement with the City,
providing the City with such security (including recordation of covenants running with the
land) and implementation procedures as the City may require compliance with the above
regulatory documents. Said Agreement shall also ensure that, after approval of the final
map, the Applicant or its successors will continue to comply, remain in compliance, and
· implement the requirements of this tentative map and design review approval.
3. Applicant shall coordinate with the City of Chula Vista Planning and Housing Divisions
and provide an informational meeting with current tenants presenting alternative rental
housing opportunities and assistance in relocation in conjunction with the presentation of
the schedule for the phasing of the conversion of the apartments to condominiums prior to
Final Map approval.
4. Prior to recordation of the Final Map, the Applicant shall submit evidence that the
following City of Chula Vista noticing forms have been delivered to the existing and
prospective tenants:
· a. 10-day notice to all existing tenants of an application of a Public Report - "Form C"
b. lO-day Notice to all existing tenants of Final Map approval- "Form D"
c. Notice to all prospective tenants of option to purchase/termination of tenancy -
"Fonn E"
d. 90-day Notice to all existing tenants of their right to purchase their unit - "Form F"-
if the Department of Corporations' conditional public report is received before Final
Map recordation. Otherwise, an informal notice stating the tenant's right to purchase
shall be delivered to all existing tenants prior to Final Map recordation (Note:
Delivery of an informal notice does not extinguish the duty to deliver the formal 90-
day Notice.
e. 180-day notice to all existing tenants of intent to convert/termination of tenancy -
· "Form. G"
,
6
8-56
5. The following items shall be submitted for approval by the Director of Planning and
Building and/or the City Landscape Planner:
a. Provide a conceptual landscape renovation plans and irrigation plans for the
proposed changes to the existing landscaped areas for review and approval by the
Landscape Planner. Upon approval of the conceptual plan, submit detailed
landscape planting and irrigation plans.
b. Retain or upgrade the existing tot-lot and picnic areas.
c. An updated water management plan if requested by the City Landscape Planner shall
be provided in conjunction with the planting and irrigation plan.
6. The proj ect shall meet current fire protection standards and shall maintain all existing fire
protection facilities.
7. The Applicant shall include the party wall and floor/ceiling assembly as-built condition
exhibits provided with the record building plans, and ensure that the details are certified by
the Building Department to meet the Uniform Building Code standards prior to approval of
the Final Map.
8. The Applicant shall ensure that the seven trash enclosures hold sufficient space to
accommodate all necessary trash dumpsters and recycling bins. The enclosure spaces shall
allow for hauler access without the need to move other containers out of the way.
Furthermore, all trash container areas shall be paved with an impervious surface, designed
to not allow run-on rrom adj oining areas, screened or walled to prevent off-site transport of
trash, and provide attached lids on all trash containers that exclude rain or provide a roof or
awning to minimize direct precipitation. The Applicant shall develop and submit a
"Recycling and Solid Waste Management Plan" to the Conservation Coordinator for
review and approval. The plan shall demonstrate those steps the applicant will take to
comply with Municipal Code, including but not limited to Sections 8.24 and 8.25, and
meet the State mandate to reduce or divert at least 50 percent of the waste generated by all
residential, commercial and industrial developments. The applicant shall submit a copy of
the contract with the City's rranchise hauler to the Conservation Coordinator for review
and approval prior to Final Map approval.
9. The Applicant shall install a minimum of 179 cubic feet of storage area in the single car
garage space for each unit with an attached garage and 220 cubic feet of storage area in the
single car garage space for each unit with a detached garage. The remaining storage space
shall be retained as located in the existing closet spaces adjacent to the patios or balconies
in each unit. Storage space containers must be easily accessible and shall consist of cages
in the back of the garages and hanging storage shelves on the sides of the garages above
head height. The applicant shall obtain building inspections for the installation of the
overhead and side mounted garage storage units to ensure compliance with overhead and
side clearance requirements of the fire and building code prior to the close of escrow for
the sale of each unit. Prior to approval of the final map for the Proj ect, Applicant shall
enter into a recorded agreement with the City of Chula Vista, wherein Applicant agrees to
construct the storage areas required by this tentative map. The Applicant shall also be
required to submit a bond or another form of fmancial assurance, approved by the City
Attorney, to guarantee the storage area's construction. After all storage areas have been
installed in compliance with state and local laws and the Applicant's construction plans,
the bond or financial assurance shall be released.
7
8-57
..----..".--"
10. All lighting shall meet the protective lighting standards of the Uniform Building Code.
11. The Proj ect' s interior upgrades may include replacing kitchen and bathroom hardware,
flooring, counters, sinks, faucets, light fixtures, remgerators, shower heads, etc. in
accordance with the statement of proposed interior upgrades. Any interior remodeling
requiring any alterations to the existing plumbing or electrical systems shall require a
building inspection in compliance with building and fire codes prior to the close of escrow
for the sale of each unit.
12. The Homeowners Association shall be responsible for shared utility services, including
water and sewer, and the billing and payment of these utility costs.
13. Prior to Final Map approval, the Applicant shall submit an application to the Planning and
Building Department for a compliance survey. If the survey identifies any deficiencies, the
Applicant shall correct them prior to the close of escrow for the sale of each unit.
14. All utilities serving the subject property and existing utilities located within or adjacent to
, and serving the subject property shall be placed underground in accordance with the Chula
Vista Municipal Code. Further, all new utilities serving the subject property shall be
placed underground prior to the issuance of building permits.
15. Any and all agreements that the Applicant is required to enter into hereunder shall be in a
form approved by the City Attorney.
DRAINAGE
16. All onsite drainage facilities shall be private.
·
SEWER
17. The onsite sewer system shall be private. All sewer laterals and onsite mains shall be
privately maintained rrom each building and/or condo unit to the City maintained public
sewer main within Santa Lucia Drive.
18. As part of the Department of Real Estate approval process, the Applicant shall establish a
homeowners association to fund and oversee a contract for the maintenance of the onsite
private sewer system. The frequency of maintenance of the sewer system shall be
contained in the provisions of the Conditions, Covenants & Restrictions (CC&Rs). The
· City Engineer and Director of Public Works shall approve the provisions of the CC&Rs
regarding the onsite private sewer system.
STORM WATER QUALITY MANAGEMENT
19. Obtain approval by the City Engineer and Public Works Director of the Water Quality
Technical Report dated October 11,2004, or revisions thereto.
20. Prior to approval of the final map, install to the satisfaction of the Director of Public Works
the onsite storm water quality best management practices treatment measures
· recommended in the approved Water Quality Technical Report.
8
8-58
STREETS
21. Streets within the development shall be private.
ACCESS TO PUBLIC STREET
22. The existing access driveway rrom Monarch Drive shall be reconstructed with a hard
surface pavement to the satisfaction of the Fire Marshal and shall have a structural section
designed to withstand H-20 loading. The applicant shall submit the design of the access
paving and structural section to the City Engineer for approval.
23. The project CC&Rs shall contain a provision that prohibits any control and/or barrier
placed across the driveway to Monarche Drive unless a vote of on hundred (100) percent
of the condominium owners approve said control and/or barrier. Furthermore, if the
condominium owners elect to install such a control or barrier, then it shall incorporate a
mechanical gate with a "Knox" override key switch and a "Opticom" strobe system, or
other automated operating system and/or fail safe feature, all to the satisfaction of the Fire
Marshal and Police Chief. Any barrier or control installed across the driveway without
expressed written approval of both the Fire Marshal and Police Chief shall be subj ect to
immediate removal by the City.
CONDITIONS, COVENANTS, AND RESTRICTIONS (CC&Rs)
24. Submit CC&Rs as approved by the City Attorney to the City Engineer and Director of
Planning and Building for approval prior to approval of the fmal map. Said CC&Rs shall
include the following:
· The creation of a Homeowner's Association ("HOA"), which shall, among other
things, be responsible for maintaining all common facilities within the Project
including, but not limited to: walls, fences, water fountains, lightning structures,
paths, trails, access roads, drainage structures, water treatment facilities, landscaping,
trees, streets, parking lots, driveways, and private sewage and storm drain systems.
· Language stating that the landscaping shall be maintained by the HOA in a healthy
and thriving condition at all times.
· Language that indemnifies and holds harmless the City rrom any claims, demands,
causes of action liability or loss, including claims arising rrom the maintenance
activities ofthe HOA.
· The City's right to enforce CC&Rs.
· An insurance provision requiring the HOA to maintain a policy of comprehensive
general liability insurance written on a per-occurrence basis in an amount not less
than two million dollars ($2,000,000) combined single limit. The policy shall be
acceptable to the City and name the City as additional insured.
· The City must approve any revisions to provisions of the CC&Rs that may
particularly affect the City. Furthermore, the HOA shall not seek approval rrom the
City of said revisions without the prior consent of one hundred (100) percent of the
"
9
8-59
- - - ,...,~.._--~,-~.__...__._...._. . ...._-^._---~--~--"-"
holders of first mortgages and property owners - unless, the Director of Planning and
Building waives this requirement.
· The HOA shall not seek to be released by the City of any maintenance obligations
without the prior consent of the City and one hundred (100) percent of the holders of
first mortgages and property owners - unless, the Director of Planning and Building
waives this requirement.
· Implement education and enforcement program to prevent the discharge of pollutants
, rrom all on-site sources into the storm water conveyance system.
· The HOA shall maintain, in perpetuity, membership m an advance notice
service/system such as the USA Dig Alert Service and shall cause any private
facilities of the property owners or HOA to be marked out whenever work is
performed in the area.
Said CC&Rs shall be consistent with Chapter 18.44 of the Subdivision Ordinance, and shall
be recorded concurrently with the final map.
25. Submit a HOA budget for review and approval by the City Engineer for the maintenance of
· private streets, storm drains, treatment measures and sewage systems. Said budget shall
include the following maintenance activities:
· Streets must be sealed every 7 years and overlaid every 20 years.
· Sewers must be cleaned once a year with a contingency for emergencies.
· Red curbs / striping must be painted once every three years.
· Storm Water quality facilities inspected prior to and after every rain event and
cleaned as necessary (twice a year minimum); media inserts replaced as
recommended by the manufacturer; with a contingency for emergencies. The budget
shall also include a monitoring program including sampling and preparation of an
· annual report, when required by the City.
EASEMENTS
26. All existing easements and irrevocable offers of dedication shall be shown on the final
map. A title report dated within 60 days of submittal of the final map shall be submitted
together with backing documents for all existing public utility easements and offers of
dedication. Developer shall submit evidence of noticing to all existing public utility
easement holders within the project boundaries as required by the Section 66436 of the
Subdivision Map Act.
·
AGREEMENTS
27. Prior to approval óf the fmal map the Applicant shall enter into an agreement wherein the
Applicant agrees to:
· Defend, indemnify and hold harmless the City and its agents, officers, and
employees, rrom any claim, action or proceeding against the City, or its agents,
officers or employees to attack, set aside, void or annul any approval by the City,
including approval by its Planning Commission, City Council or any approval by its
,
10
8-60
agents, officers, or employees wit regard to this subdivision pursuant to Section
66499.37 of the State Map Act provided the City promptly notifies the subdivider of
any claim, action or proceeding and on the further condition that the City fully
cooperates in the defense.
· Hold the City harmless rrom any liability for erosion, siltation or increased flow of
drainage resulting rrom this project and spillage of sewage generated by the project
onto adjacent public or private streets or into offsite storm water conveyance systems.
· Ensure that all rranchised cable television companies are permitted equal opportunity
to place conduit and provide cable television service to each unit within the project.
Restrict access to the conduit to only those franchised cable television companies
who are, and remain in compliance with, all of the terms and conditions of the
rranchise 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 rrom time to time be issued by the City of
Chula Vista.
· Maintain storm water quality treatment measures in accordance with an approved
maintenance and inspection plan.
· Implement and sustain in perpetuity, a source control storm water quality
management program as outlined in the Water Quality Technical Report.
MISCELLANEOUS
28. Tie the boundary of the subdivision to the California System-Zone VI (NAD '83).
29. Submit copies of the Final Map in a digital format such as (DXF) graphic file prior to
approval of the Final Map. Provide computer aided Design (CAD) copy of the Final Map
based on accurate coordinate geometry calculations and submit the information in
accordance with the City Guidelines for Digital Submittal in duplicate on 3 Y2 HD floppy
disk prior to the approval of the Final Map.
30. Submit a conformed copy of a recorded tax certificate covering the property prior to
approval ofthe Final Map.
X. CONSEQUENCE OF FAILURE OF CONDITIONS
If any ofthe 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 condition issuance of all future building permits, deny, revoke, or
further condition all certificates of occupancy issued under the authority of approvals herein
granted, institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation. The Applicant shall be notified ten (10) days in advance prior to any
of the above actions being taken by the City and shall be given the opportunity to remedy any
deficiencies identified by the City within a reasonable and diligent time rrame.
11
8-61
-^- ---.--.........,...----... --_._--~ - - .---....-.---.-...--.,.,......-..,.,.
,
XI. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision and condition herein stated; and that in the event
that anyone or more terms, provision, or conditions are determined by a Court of competent
jurisdiction to be invalid, illegal or unenforceable, this resolution shall be deemed to be
. automatically revoked and of no further force and effect ab initio.
Presented by: Approved as to form by:
J:ò.- ë. H-
Jim Sandoval Ann Moore
Director of Planning & Building City Attorney
12
8-62
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COUNCIL AGENDA STATEMENT
Item q
Meeting Date 2/1/05
ITEM TITLE: Resolution authorizing the appropriation of additional
funds to the "GIS - Orthophotography/Topography Project (GG183)"
rrom the available balance of the Transit Capital Fund for the
provision of procuring the iStreetView imagery and software program.
SUBMITTED BY: Director of Management and Information ServiceyJ
D;'..", ofGrn=l S=i'ffi ~ '#
Director of Public Works Operatio s
Director of Planning and Building
Fire Chief~þ.f
REVIEWED BY: City Manage¿'¡¿ 9 ~ (4/5ths Vote: X No~
{r'
iStreetViewTM is a dynamic, street-level image set that can be integrated with the City's current
Geographic Information System (GIS) and will be of significant assistance to a number of
programs in multiple City departments. It also provides a web-based viewer that will allow city
staff to simulate navigating down our streets, permitting them to stop at any time and pan around.
The interface that City staff will use is very intuitive, requiring very little training. During the
Fiscal Year 2002-2003 CIP budget process, staff informed Council that the existing
orthophotography is several years old and will require the acquisition of 6 inch orthophotography
of the City, supplemented with two foot contours (CIP GG183). The iStreetView™ is a
compliment to the original scope of work and update of the City's Geographical Information
System and will be utilized by almost all City Departments. The overall cost for acquiring the
iStreetsView™ imagery is $76,650 ($146/1inear mile) plus tax. Staff is recommending
appropriating additional funds in the amount of $30,000 to the existing CIP, "GIS -
Orthophotography/Topography Project (GG183)", as necessary to procure the iStreetView
imagery and software program that will enhance the City's orthophotography ofthe City.
RECOMMENDATION: That Council authorize the appropriation of $30,000 of additional
funds rrom the Transit Capital Fund to the "GIS - Orthophotography/Topography Project
(GGI83)" for the provision of procuring the iStreetView imagery and software program.
BOARDS/COMMISSION: N/A
DISCUSSION:
On October 25, 2004, staff previously brought this item forward. At that time, Council had a
number of questions and asked staff to review the request and return the item at a later time.
9-1
. ._.__.__..__ ",_..."_...__~_.____"__~_..._.__~___.__._.___.__m'__._
Page 2, Item c:¡
-./'
Meeting Date 2/ I ! D :,
This document will address the specific questions addressed by Council as well as present
additional information for Council review. Council's specific questions were:
How do you deal with changes in the field?
·
Twice per year, we will photograph half the City plus any new streets during that time
rrame. This is easily integrated into the GIS system.
What is the timerrame to impl=ent the system?
The consultant can complete the photo acquisitions within 4 - 6 weeks, assuming good
weather. If we have a period of wet weather, this will delay the acquisition. The
consultant needs only an additional week to complete creating the link between the
· photos and our street segments. Once that is complete, the software and data can be
installed on our server and configured for operation within 1 or 2 days.
What about the accuracy?
In theory, the data should be 100% accurate in that each image will be linked to the
correct street segment. The actuallocation of the point representing where the photo was
taken is accurate within about +- 3 ft. If, during the Quality Control process or while the
system is in use, we determine that an image is bad it can be recreated and added into the
system.
·
What about using a more progressive system, i.e. satellite?
Images rrom the satellite serve their purpose but do not give the level of detail that is
often needed. The City uses orthophotography which provides aerial views of the City at
6 inch per pixel resolution. This provides much better resolution than is commercially
available rrom a satellite. This new imagery will supplement those photos by giving a
ground-level view with a much higher resolution.
Can we update the system ourselves?
·
The device to take six simultaneous photos on a suitable vehicle is very cost prohibitive.
In addition, the City has over 525 linear miles of streets so taking all of the pictures and
importing them ourselves would not be feasible. We can take a small amount of photos
and import them ourselves for special uses.
Have we looked at other programs?
We have seen other similar programs at trade shows but this is the only one that provides
6 images every 10 meters to give a 360 degree view. There is a program that has been
· used in Europe but does not yet have an)(_known customers in California. The program
9-2
Page 3, Item or
Meeting Date j/t/D S-
we are recommending has a customer base in California who have provided positive
feedback on their experiences.
Would we be tied to some other firm for updates? What about using another system?
We could use any fIrm that provides this type of imagery in the future and still use the
same software. We would not be tied to @City for the updates. In addition, this imagery
can be used directly through our GIS system for other purposes.
When first setting up, the cost is $ 146/1inear mile. Would update cost as much?
The costs for updating would be 20% less than the $146/linear mile. That would be
$116.80 per linear mile assuming that we contract for a 50 mile minimum update. We
are proposing a semi-annual update schedule that would far exceed the 50 mile minimum.
How many competitors were solicited?
No additional firms were solicited since we could not locate any that provided this level
of detail and functionality to date here in the US.
How many companies provide this service?
No additional fIrms were solicited since we could not locate any that provided this level
of detail and functionality here in the US.
Why didn't we get quotes or contract for future updates? Was that taken in account?
Future updates are included in the new estimates. Staff is proposing to do updates twice
per year. Every 6 months the contractor would photograph half of the City as well as any
new streets that have been added and any major changes on a case-by-case basis. This
would provide us with updated imagery at least once per year for the entire City.
When the photos are taken, how many in each location?
There are 6 photos every 10 meters. The 6 are combined into a 7th, seamless image that
provides a 360 degree view.
In an effort to integrate the latest technology available into our systems that would benefit the
City and its citizens, staff has been actively seeking programs that can be integrated with other
data that the City has stored into GIS. iStreetViewTM has that capability. iStreetViewTM consists
of a set of 6 images shot simultaneously in different directions (left-rront, right-rront, right-rear,
rear, left-rear,) plus a 360-degree panoramic image. These shots are taken rrom a vehicle every
10 meters as it travels all of our City's streets. However, iStreetViewTM consists of more than a
9-3
_._--_.._--_.._--~-_._.._._-----"...,-------....,-_..,-.-._---~-,-~------
Page 4, Item c¡
, Meeting Date ~
,
set of images, it also provides a web-based viewer that will allow city staff to simulate
navigating down our streets, permitting them to stop at any time and pan around. These images
can be made available on our Internet for general public use or for targeted uses such as
promoting selected tourist sites. Several Departments within the City have expressed interest
and are eager to utilize the program to assist them in pro actively managing their projects.
Engineering
iStreetView™ can be of gréat assistance to our asset management staff in Engineering
· and Public Works. The City has begun to build an Inrrastructure Deficiency database and
having these images on-line can save significant time in identifying deficiencies. The
iStreetViewTM database will be extremely valuable in providing immediate imagery of
the City's surface inrrastructure including pavement, curbs, gutters, sidewalks, raised
medians, fire hydrants, driveways, striping, signage, traffic signals, bikeways, parking
areas, wheelchair ramps, utility boxes and vaults, overhead utility lines, street
trees/landscaping, transit stations, and other street furniture. Said imagery will enable
staff to immediately analyze and assess inrrastructure questions and to promptly respond
to citizen requests.
· Transit
Our Transit program can benefit greatly rrom iStreetViewTM in several different areas.
DRIVER TRAINING
Transit staff will be able to use this software for driver route familiarization and training.
New drivers and those who need to rerresh their memory on routes they haven't driven
for a while can spend much oftheir time at a desktop rather than out in the field. This will
eliminate staff hours and cut down on the demand for staff cars.
· DETOURS
Transit dispatchers and supervisors will be able to use this system for quickly
implementing detours when there are problems/emergencies in the field. Time is critical
when service is disrupted and to be able to view the streetscape instantly will allow staff
to get drivers around problem areas within minutes. This will eliminate a lot of the
guesswork and time consuming field review that currently goes into this process,
CITY TOURS AND EVENT PLANNING
Many hours are currently spent by City staff and transit staff setting up City tours and
event planning. Most of the time is currently used to drive proposed routes or event areas
· to ensure the buses can safely maneuver the specified streets. Much of this will be
eliminated with this system.
BUS STOP/ROUTING ISSUES
City staff responds to calls rrom residents about bus stop locations, benches, trash bins,
ADA accessibility, and a variety of other issues on a daily basis. Most of these challenges
cannot be addressed until further field review since staff may not have a good idea of
9-4
·
Page 5, Item ~
Meeting Date :2Ii! 0 S-
existing conditions. A desktop view of the affected area will allow us to implement
solutions immediately. In many cases, staff will be able to adequately respond while a
constituent is still on the phone. Staff sees this as the most important aspect of this system
since it enhances our ability to provide the highest level of customer service for the
residents of Chula Vista.
Planning
With this imagery and software, City planners will have the capability to see actual street
and sidewalk conditions related to environmental impact reviews. They can also use
iStreetView images to support zoning reviews. Various stakeholders during public
meetings will be able to share a common perspective on the city conditions under
discussion. Planning will also be able to use this system for presentations to the Planning
Commission, especially for code enforcement issues. iStreetViewTM has proven to be a
time and cost saving asset in an annexation project for Hayward, CA. The applications
are multiple and will be of great use to the City.
Public Works Operations
When Public Works Operations' staffreceive Service Requests rrom the public or City
staff, supervisors could use the program to check conditions before going out to the field
for final confIrmation of conditions. Oftentimes, a short look at the location while the
citizen is still on the phone will allow supervisors and the Public Works dispatcher (who
takes all calls during normal work hours) to look at fIeld conditions and answer the
question without having to go out into the field. The fact is that conditions in the ROW
(right of way) will not typically change significantly over time and the views will be
good for a number of years.
Fire Department
Both Fire Training and Communications will use this as a tool for area familiarization.
This could save hundred's of dollars is wear and tear on apparatus and fuel costs. It also
allows personnel to access areas they don't normally work in while on duty and at no
cost.
Fire may be able to use this is the testing process of personnel for promotional exams.
Both Fire Training and Communications will be able to use this as a tool on long-term
incidents to familiarize the Incident Commander with the surrounding area and or
surrounding structures and occupancies.
Police
The Police Department has attended the demonstrations of the system and has stated that
they will not be using the software at this time.
The benefIts of the program far outweigh the initial cost of procuring the iStreetViewTM imagery
and software. In addition, most departments féel that updating the imagery every 1-2 years
9-5
- -. ~-_._. --_.-.-_._-_._....._-_._----~-----,._._.^._.
Page 6, Item ,q
Meeting Date ;2~
would be sufficient but would like to have the newly added streets imaged within 6 months of
their acceptance by the City. Since the cost to photograph just a few miles of streets is cost-
prohibitive staff is recommending that the photographs for the entire be City be updated in
phases so that we can photograph the new streets in a timely fashion. After analysis of the
program and its complimentary benefits to the City's Orthophotography system, staff is
recommending that Council approve the appropriation of additional funds to procure the
iStreetViewTM imagery and software.
FISCAL IMPACT: The City has about 525 miles of street to be imaged. As mentioned
previously the overall cost includes an estimate rrom @City, Inc. in the amount of $76,650
, ($146/linear mile) plus tax. There are available funds in the project for the cost of the original
scope of work; however, additional funds will be required to facilitate the expanded scope of
work and purchase of the iStreetViewTM program. Staff is recommending appropriating
additional funds in the amount of $30,000 rrom the available balance of the Transit Capital Fund
to the existing CIP, "GIS - Orthophotography/Topography Project (GGl83)", as necessary to
procure the iStreetView™ imagery and software program that will enhance the City's
orthophotography of the City. The original GG183 project balance was $97,500 and this
appropriation of $30,000 will bring the total project cost to $127,500. There are no additional
operating or licensing costs to utilize the software. Staff is recommending that the images be
updated every year by photographing half of the City every 6 months plus any new streets that
· have been added. Half of the City street miles would be (525/2) or 262.5 miles. In addition we
will need to add the new streets to that number. In the past several years the City has added
streets ranging rrom about 2 to about 10 additional miles per year. Taking an average, our street
miles would increase by about 5 miles per year thereby adding $584 (5*$116.80) to the cost of
photographing the City each additional year. Staff will include $61,904 to the Management and
Information Services budget for the updating of the images for FY 2005-06.
·
·
9-6
RESOLUTION NO. 2005-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE APPROPRIATION OF
ADDITIONAL FUNDS TO THE GIS-ORTHOPHOTOGRAPHY/
TOPOGRAPHY PROJECT (GGl83) FOR THE PROVISION OF
PROCURING THE ISTREETVlEW IMAGERY AND
SOFTWARE PROGRAM
WHEREAS, iStreetViewTM is a dynamic, street-level image set that can be integrated with
the City's current Geographic Information System (GIS) and will be of significant assistance to a
number of City departments; and
WHEREAS, iStreetView™ provides a web-based viewer that allows City staff to simulate
navigating down our streets, permitting them to stop at any point and pan around; and
WHEREAS, during the Fiscal Year 2002-2003 CIP budget process, staff informed Council
that the existing orthophotography is outdated and requires the acquisition of a six-inch
orthophotography of the City, supplemented by two-foot contours (CIP GG 183); and
WHEREAS, the iStreetViewTM is a compliment to the original scope of work and an update
of the City's GIS and will be utilized by almost all City departments; and
WHEREAS, the overall cost to acquire the imagery is approximately $77,000; and
WHEREAS, there will be unused funds in the project (GG183) after completion of the
original scope of work, but not enough to pay for the entire cost of the iStreetViewTM imagery and
software; and
WHEREAS, staffrecornmends appropriating $30,000 :!Tom the Transit Capital Fund to the
"GIS - Orthophotography/Topography (GGl83)" Project to allow procurement of the
iStreetView™ product.
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of Chula Vista
does hereby appropriate $30,0000 :!Tom the Transit Capital Fund to the "GIS -
Orthophotography/Topography Project (GG183)" project to allow procurement of the
iStreetView™ imagery and software program.
Presented by
Approved as to form by
j)~ '"1 ' Ii C/'--....
Jack Griffin
Director of General Services
Ann Moore
City Attorney
J:/attomey/reso/appropriation funds -Istreetview imagery
9-7
PHASE I AND II OLYMPIC PARKWAY COSTS(INCLUDES PORTIONS OF EAST PALOMAR AND LA MEDIA)
NON Fllmm F CFn (".oSTS~ARn COST!I';rOTAV RANCH!
~NG(CHANGEORDERS)
GRADlNG(EXTAAS)
COHSTRUCTIDN WATER
WETUTlU1lES(EXTRAS)
WETU11lITl~ATER)
WET UTlUTlES(ADDS)
WET UTIUTV CONTRACT
WETUTlUTJESRISER
WET lJTIUTIES STORM OAAIN AND SEINER ADDS
SEWER COSTS REDUCED IN ""VIolENT. 3
SURFACE IMPROVEMENTS(EXTRAS)
SURFACE tMPRCVEMENTS(ACD)
DAYUTlU'TY(EXTIWì)
DAY UTlUTV(SOOE ELECTRIC METER FEES}
CHANNEL LANDSCAPE{WATER EX!"ËNSE)
STREETlANDSCAPE(EXTAAS)
STREET lANDSCAPE(ADD)
~HANGF OR!)!,R fCOST INC':RFIL<;F\
SUBTOTAL
NON FIIGISLE cFn mST&..BOFTCOSTSlOTAY RANCH\
UTIUTYFEE
BIO(EN'II~!IIONITOR1NG)
EROSION CONTROL
BLUEPRINTS(8.5% REDUCED FOR PASEO RANCHERO)
BONDS
LANDSCAPE......NT£NANCE
PUBUC FINANCING CONSULTANT(8.5% REDUCED FOR PASEO RANCHERO)
CCV(8ond anginabgn F..)(8.5% REDUCED FOR PASEO RANCHERO)
CCV(ov.tI~g _)
WET vnUTY DEPOSIT
!RRIGATIONFEES
SUBTOTAL
TOTA! NON FlIGIBLF CFD COSTSrOTAY RANCI-II
NON EUGIBI e: CFO COSTS.tMCMILUN}
WET UTILITIES(WATER)
PUBLIC FINANCE CONSULTANT
BONO ORIGINATION FEE(CCV)
QRY UT1UTIY FEES
IRRIGATION MF.TeR FEES
TOTAL NON ELIGIBLE CFD.COSTSfMCMILUN\
TOTAL COSTS OF OLYMPIC PARKWAY
~
PHASE I ern EUGI8lE(BRANDYWINE TO PASEO RANCHERO}
PHASE I NON ern ELIGIBLE(BRANDV\MNE TO PASEO RANCHERO)
PHASE II CFD EUGlBLE ¡¡>ASEO RANCHERO TO LA MEDlA}
15 % CONTINGENCY PASEO RANCHERO TO LA MEDIA.
1IOMJWN
LA MEDIA TO EAST PALOMAR ELIGIBLE COSTS
LA MEDIA TO EAST PALOMAR NON EUGIBLE COSTS
TOTAL
25% OF TOTAL(TOTAL OF NCMILUNS OBLIGATION)
MCMILUNSO)STS^'DCArwIt.lO.IRRFD
MCM!WNS COSTS BETWEEN LA IÆIJjA ANO PASEO RANCHERO(INCLUOES SE'NER BUILT BY ORC)
SEWER BUiLT BETWEEN PASEO RANCHERO AND LA MEDIA
REDUCTION FOR SEWER BUILT BY ORC BT'o'E.EN LA MfDIA ROAP AND EAST PALOMAR
TOTAL
MCMILUNS FAIR SHARE OF OFFSITE OLYMPIC PKWY(TOWARDS CFD 119_1}
9-2
·
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1.083.9].f
625.926
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206,347
1,227,i57
212.950
262.507
33.525
311.900
49.289
26,319
201.B3O
26,716
1,139
4.622
70.2&6
55,370
1013'1
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312.133
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14,247
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437,030 (OoHnolir.clutlePu,oR.no;:Je",)
'.000
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3.:>.20
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625.230
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1.267.821
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747,836
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41,736.628 S
10.4:?4.\57 $
B.161,2.0
385,788
(122220)
6,"',606
$ 3.989.351
RESOLUTION NO. 2002-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO
THE ACQUISITION/FINANCING AGREEMENT WITH
McMILLIN OTAY RANCH FOR COMMUNITY FACILITIES
DISTRICT NO. 97-3 (McMILLIN OT A Y RANCH SPA ONE) AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT
WHEREAS, on December 8, 1998, the City Council approved the
Acquisition/Financing Agreement for Community Facilities District No. 97-3; and
WHEREAS, this agreement set forth the conditions and procedures for acquiring the
McMillin Otay Ranch SPA One improvements :!Tom the developer; and
WHEREAS, the proposed Second Amendment will provide the developer with the
option to use proceeds :!Tom CFD 97-3 to satisfy performance obligations set fourth in the
Agreement for Financing the Construction of Olympic Parkway and Related Roadway
Improvements.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby approve a Second Amendment to the Acquisition/Financing Agreement for
Community Facilities District No. 97-3, a copy of which shall be kept on file in the office ofthe City
Clerk.
BE IT FURTHER RESOLVED that the Mayor ofthe City of Chula Vista is hereby
authorized and directed to execute said Amendment on behalf of the City of Chula Vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
(Á _ ~ <J.ð-...t ~~
John M. Kaheny
City Attorney
J;\AttomeylRESOl2nd Amend Acq-Fin Agmt CFO 97-3.doc
9-9
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
0-- -rvlt~ Jr-6-..._
John M. Kaheny
City Attorney
Dated:
/ 1- :::J. -ò ~
Second Amendment to Acquisition/Financing Agreement by and between
the City of Chula Vista, acting for and on behalf of itself and
CFD No. 97-3 (Otay Ranch McMillin SPA One), and McMillin Otay
Ranch, LLC.
9-/0
SECOND AMENDMENT TO
ACQUISITION/FINANCING AGREEMENT
THIS SECOND AMENDMENT TO ACQUISITION/FINANCING AGREEMENT (the
"Second Amendment") is made and entered into this _ day of ,2002, by and
between the CITY OF CHULA VISTA, a charter city duly organized and validly existing under
the Constitution and laws of the State of California ("City"), acting for and on behalf of itself and
COMMUNITY FACILITIES DISTRICT NO. 97-3 (OT A Y RANCH McMILLIN SPA ONE)
(the "Community Facilities District") and McMILLIN OT A Y RANCH, LLC, a California
limited liability company ("Developer"), to amend that certain ACQUISITION/FINANCING
AGREEMENT made and entered into on the 15th day of December 1998, by and between the
City and the Developer (the "Original Agreement"), as amended by that certain First Amendment
to Acquisition/Financing Agreement made and entered into on the 20th day of April, 1999 by and
between the City and Developer (the "First Amendment"). (The Original Agreement and First
Amendment shall be referred to as the "Agreement").
R E C I TAL S:
WHEREAS, the City and the Developer entered into the Agreement to establish the tenns
and conditions to provide, among other things, for the acquisition ofImprovements by the City
from the proceeds of Bonds (as defined in the Original Agreement); and
WHEREAS, included among the Improvements authorized by the Agreement to be
financed from that portion of the proceeds of such Bonds identified as the Reserved Portion (as
defined in the Original Agreement) are the Olympic Parkway Offsite Improvements (as defined
in the Original Agreement); and
WHEREAS, the Agreement established specific tenns and conditions pursuant to which
acquisition of the Olympic Parkway Offsite Improvements may be paid for from the Reserved
Portion; and
WHEREAS, the City, the Developer and Otay Project, LLC ("Otay") have entered into
that certain agreement entitled "Agreement for Financing the Construction of Olympic Parkway
and Related Roadway Improvements" made as of April 20, 1999 (the "Olympic Parkway
Agreement") to establish tenns and conditions pertaining to, among other things, the
engineering, design and construction of certain roadway improvements including, but not limited
to, the Phase I Olympic Parkway Improvements, the Phase 2 Olympic Parkway Improvements,
the Phase 3 Olympic Parkway Improvements (each as defined in the Olympic Parkway
Agreement), the securing ofthe completion of such improvements and the allocation of the cost
of such improvements between the Developer and Otay; and
WHEREAS, the City and the Developer desire to enter into this Second Amendment to
allow for the satisfaction of the Developer's Phase 3 Deposit pursuant to the Olympic Parkway
Agreement and funding of the Phase 3 Olympic Parkway Improvements with the proceeds of the
Bonds and earnings thereon.
q-/I
NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE RESPECTIVE
PARTIES AS FOLLOWS:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2. Definitions. Except as otherwise provided for or indicated in this Second
Amendment, the capitalized tenns used in this Second Amendment shall have the meanings
given such tenns in the Agreement.
SECTION 3. Amendments to Section 7.1 of the Agreement.
(a) The following paragraph shall be added at the end of Section 7.1 (previously
added to the Original Agreement pursuant to the First Amendment):
"Notwithstanding anything in this Section 7.1 to the contrary, any earnings
on the investments of funds on deposit in the Olympic Parkway Improvement
Account and any excess amounts transferred from the Olympic Parkway
Improvement Account due to a reduction in the Fair Share detennined pursuant to
the Olympic Parkway Agreement may be disbursed at the Developer's request to
satisfy Developer's Phase 3 Deposit and fund the acquisition and/or construction
of the Phase 3 Olympic Parkway Improvement in accordance with the Olympic
Parkway Agreement."
SECTION 4. Other Terms and Provisions of the Original Agreement to Remain in Effect.
Except as expressly amended by this Second Amendment, all tenns and provisions of the
Agreement shall remain in full force and effect.
[End of page. Next page is signature page.]
2
J:\Attorney\ANN\CFDs\97_3\2d Amend to CFD 97-3 Acq-Fin Agmt.DOC
q-/2
NOV 13 '02 15:28 TO-94095823
FROM-
T-321 P,02/02 F-579
EXECUTED by and between the parties hereto on the d~y and year first hereinabove written.
ATTEST:
CITY CLERK
CITY OF CHULA VISTA
STATE OF CALIFORNIA
APPROVED AS TO FORM:
JOHN KAHENY, CITY ATTORNEY
CITY OF CHULA VISTA
STATE OF CALIFORNIA
#470 v
7/1/02
"CITY"
CITY OF CHULA VISTA
MAYOR
CITY OF CHULA VISTA
STATE OF CALIFORNIA
"DEVELOPER"
McMILLIN OrA Y RANCH, LLC, a Delaware
limited liability company
By: McMILLIN COMPANIES, LLC, its
managing member
By:
v.P.
By:
3
q-/3
EXECUTED by and between the parties hereto on the day and year first hereinabove written.
"CITY"
CITY OF CHULA VISTA
Shirley Horton, Mayor
ATTEST:
Susan Bigelow, City Clerk
APPROVED AS TO FORM:
John Kaheny, City Attorney
"DEVELOPER"
McMILLIN OT A Y RANCH, LLC, a Delaware
limited liability company
By: McMILLIN COMPANIES, LLC, its
managing member
By:
Name:
Title:
By:
Name:
Title:
3
J:\Attorney\ANN\CFDs\97-3\2d Amend to CFD 97-3 Acq-Fin Agmt.DOC
q -I t.j
PAGE 1, ITEM NO.:
MEETING DATE:
/tJ
02/01/2005
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE: RESOLUTION GRANTING AGREEMENTS WITH STRATUS, A
DIVISION OF THE JCM GROUP, FOR THE FORMALIZATION OF
CHARTER UNIVERSITY PARTNERS AND THE DEVELOPMENT OF KEY
COLLABORATION, BUSINESS AND ACADEMIC PLANS BETWEEN
AND AMONG THOSE PARTNERS, AND BMS FOR THE
DEVELOPMENT OF A FRAMEWORK LAND USE STRATEGY AND THE
DEVELOPMENT OF A PRELIMINARY CAMPUS PLAN CONCEPT FOR
THE UNIVERSITY PARK AND APPROPRIATING $843,829 FROM THE
AVAILABLE FUND BALANCE OF GENERAL FUND FOR THE
PERFORMANCE OF THESE TASKS.
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTO
PLANNING AND BU LDING DIRECTO
REVIEWED BY: CITY MANAGER . v~
BACKGROUND
4/5THS VOTE: YES 0 NO D
In November 2003, the city council/staff university working group selected a team of consultants led
by Stratus, a Division of the JCM Group, and includes BMS a land planning firm, to develop a
higher education recruitment strategy. Based on a thorough analysis of the trends in higher
education conducted by Stratus, the city council/staff university working group, with the approval of
the full city council, decided to pursue a "collaborative" university model. The work on the first
phase of the contract has concluded and the city council/staff university working group requests that
the Stratus team develop a phase II planning approach. The Stratus and BMS Phose II scope of work
is attached. The Stratus scope of work includes six tracks or sets of responsibilities/deliverables. They
include:
· Support for city oversight/approval;
· Formalization of initial university partners;
· Formation of university organization;
· Development of financial requirements and funding strategy for next-phase project activity
and initial physical development ofthe university site;
· Assistance in the development of overall financial and business plans for the university study
area; and
· Representation of university partners in development of the framework land use strategy and
campus plan concept.
10-1
, PAGE 2, ITEM NO.:
MEETING DATE: 02/01/2005
In addition, BMS proposes a framework land use strategy and campus plan concept. It identifies
the first phase of development for the university in relation to adjoining private development;
defines functional roles and inter-relationships of primary focus areas (i.e. University Campus,
Town Center, Eastern Urban Center, Regional Technology Park); establishes a comprehensive
development framework to include roadways, bicycle and pedestrian pathways, open space and
parks; and defines development criteria for landowners and developers.
· RECOMMENDATION
Staff recommends that the City Cauncil adopt the attached resolution approving an agreement
with Stratus, a division of the JCM Group, for professional services. The scope of services
includes: support for city oversight/approval; formalization of initial university partners; formation
of university organization; and development of financial requirements and funding strategy for
phase II proiect activity and physical development af the university site; assistance in the
development of comprehensive financial and business plans for the university study area;
representation of university partners in development of the framework land use strategy and
campus plan concept. Staff recommends $451,000 be appropriated from the FY 2004-05
· available general fund balance for the Stratus agreement.
Staff also recommends that the City Council adopt the resolution approving an agreement with
BMS for professional services. The scope of services for BMS includes: development of a
framework land use strategy and campus plan concept, including identification of the first phase
of development for the university in relation to adjoining private development; defining functional
roles and inter-relationships of primary focus areas (i.e. University Campus, Town Center, EUC,
Regional Technology Park); establishing a comprehensive development framework to include
roadways, bicycle and pedestrian pathways, open space and parks; and defining development
criteria for landowners and developers. Staff recommends appropriating $392,829 from the
available fund balance of the general fund from fiscal year 2004-05 for the BMS agreement.
·
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
Backqround:
Stratus, a division of the JCM Group, was retained by the City on February 3, 2004 and has
provided exceptional services for the development of a Higher Education Recruitment Strategy.
During the initial contract, the City benefited greatly from the activities performed and
· subsequently has received approval from council to move forward with the proposed concept
plan to form the "University Park and Research Center at Chula Vista". The initial contract scope
for Stratus and their sub-contractor 8MS Design Group included:
. Reviewing Background Materials
10-2
·
PAGE 3, ITEM NO.:
MEETING DATE: 02/01 /2005
· Reviewing General Plan Land Use Options and Evaluating Implications for the
Development of the Higher Education Site and Regional Technology Park
· Participating at the January Joint City Council and Planning Commission Workshop on
General Plan Land Use Options
· Conducting Stakeholder Interviews
· Compiling a Comprehensive Site Analysis
· Developing a Vision, Guiding Principles, and Interconnected Themes
· Identifying Structural Models
· Developing Campus/Technology Park Site Plan Concepts
· Developing a Public Participation Process
· Evaluating Campus/T echnology Park Concepts
· Evaluating Implications for the General Plan
· Developing a Set of Implementation Strategies; and
· Developing and Presenting a Final Report
In order to move the University Park and Research Center Concept forward from "Strategy"
(Phase I) into "Implementation," (Phase III), a series of "Planning" (Phase II) activities need to be
accomplished. These activities have been separated into Community Development
responsibilities, which will be supported by Stratus, and Planning Department activities, which will
be supported by BMS Design Group.
The Stratus approach that follows is divided into six (6) distinct "tracks", which include: city
oversight/approval; formalization of initial institutional (university) partners; formation of
university organization; development of financial requirements and funding strategy for next-
phase project activity and initial physical development of the university site; assistance in the
development of overall financial and business plans for the university study area; representation
of future university partners in development of the framework land use strategy and campus plan
concept.
The BMS Design Group approach that follows is divided into !WO (2) distinct "tracks", which
include: framework land use strategy and campus plan concept. Deliverables will include
identification of the first phase of development for the university in relation to adjoining private
development; defining functional roles and inter-relationships of primary focus areas (i.e.
University Campus, Town Center, EUC, Regional Technology Park); establishing a comprehensive
development framework to include roadways, bicycle and pedestrian pathways, open space and
parks; and defining development criteria for landowners and developers
Stratus and BMS Design Group have provided a Phase II scope of work for the development of a
Higher Education Recruitment Strategy with a cost not to exceed $843,829, of which the monies
have been identified from the available fund balance of the FY 2004-05 General Fund.
10-3
_._..,~...__.. ~ ___m. '._·"__U_.·_~.·"__·____ .. ...__._._....___ .m_____
PAGE 4, ITEM NO.:
MEETING DATE: 02/01 /2005
Scope of Stratus Services:
The additional services desired of Stratus effectively consist of six maior components, as identified
below and more fully described in the contract amendment in Attachment 2:
,
A. Detailed Scope of Work:
1. Support for City Oversight/Approval
a. Participate in University Working Group (UWG), University Center
Advisory Committee (UCAC), or Blue Ribban Committee (BRC)
meetings, up to six (6) meetings; and preparation of agendas,
presentations and supporting meeting materials.
b. Participate in City Council meetings, up to two (2) meetings; and
preparation of agendas, presentations and supporting meeting
, materials.
c. Participate in regular and ad hoc staff meetings.
2. Formalization of Initial Institutional (University) Partners
a. Identify initial or charter institutional partners.
b. Develop a University Center Prospectus, with input by the
institutional partners and the appropriate academic committees, to
include pro formas and/or agreements relative to:
I. Higher education need for the region
· II. Academic programs
III. Financial participation
IV. Capital participation
v. Articulation agreements
VI. Physical concepts (i.e., academic neighborhoods, cI uster
colleges, stand-alone institutions)
3. Formation of University Organization
a. Assist the City In establishing a University Center Advisory
Committee (UCAC) or Blue Ribbon Committee (BRC).
· b. Formalize Project Vision, Mission, and Guiding Principles, in
consultation with the institutional partners, the UCAC or BRC, and
Mayor and City Council.
I. Draft items.
II. Review with UCAC or BRC.
III. Review with Charter Partners.
IV. Review with Mayor and City Council.
v. Finalize.
·
10-4
PAGE 5, ITEM NO.:
MEETING DATE: 02/01/2005
c. Define the Governance Framework and Organizational Structure
(i.e., 501.c.3), which will become the basis for a permanent legal
entity.
I. Draft items.
II. Review with UCAC or BRC.
III. Review with Charter Partners, and reconcile with the
University Center Prospectus developed in 3.b.ii above.
IV. Review with Mayor and City Council.
v. Finalize.
4. Development of Financial Requirements and Funding Strategy for
Next-Phase Project Activity and Initial Physical Development of the
University Site.
a. Develop enrollment, faculty and staff assumptions.
b. Estimate planning, capitol and operating costs for start-up through
opening.
c. Develop financing strategy for additional planning, capital, and
operating costs; example sources: Charter Partners, State and
Federal funds, foundations, donors, etc.
d. Identify economic benefits to the City/Region.
5. Assistance in the Development of Overall Financial and Business
Plans for the University Study Area.
a. Assist the City in developing an economic development strategy for
the entire University Park and Research Center.
b. Identify University Center benefits as they relate to the overall
strategy.
6. Represent the Interest of Future University Partners in
Development of the Framework Land Use Strategy and Campus
Plan Concept.
a. Participate in meetings as appropriate
b. Generate conceptual capital program data to support the
development of the Campus Plan Concept.
10-5
_..._ ._ .." ...... __..._~___,_..~._._____..____._____.._.. - ____________.___,___. n_ __.._
PAGE 6, ITEM NO.:
MEETING DATE: 02/01 /2005
Scope of BMS Desiqn Group Services:
, The additional services desired of BMS Design Group effectively consist of two major
components, as identified below and more fully described in the contract amendment in
Attachment 3:
1. Framework Strategy Work Tasks and Deliverables
a. Project Initiation
i. Consultation with City Staff
ii. Property Owner Survey
iii. "Kick-Off" Meeting
· iv. Planning Objectives
v. Framework Strategy Administration and Implementation
vi. Property Owner and School District Meetings
vii. Framework Strategy and Implementation Obiectives
b. Initial Planning And Design Concepts
i. Compile and Document Baseline Data
ii. Initial Concepts
iii. Property Owner Meetings-Input for Initial Concepts
iii. Planning and Design Charrette
iv. Review Charrette Concepts with City Staff
·
c. Revise Planning And Design Concepts
i. Revised Planning and Design Concepts
II. Property Owner Meetings-Input for Revised Planning and
Design Concepts
ii. Second Planning and Design Charrette
iii. Review Concepts with University Partners
iv. De-Brief with City Staff
d. Final land Use And Design Framework
i. Refine Framework Strategy Elements
· ii. Property Owner Meetings-Input for Final land Use and Design
Framework
iii. City Council Study Session
iv. De-Brief with City Staff
v. Third Planning and Design Charrette
vi. De-Brief with City Staff
·
10-6
PAGE 7, ITEM NO.:
MEETING DATE: 02/01 /2005
e. Framework Strategy Document
!: Prepare Administrative Draft Framework Strategy
II. Property Owner Review of Administrative Draft Framework
Strategy
iii. Meeting with City Staff
iv. Draft Final Framework Strategy
v. City Council Study Session
2. Initial Campus Plan Concepts Work Tasks and Deliverables
a. Project Startup, Site Analysis and Initial Campus Concepts
Phase 1 Project Start-up
i. Finalize Scope of Work
ii. Develop Detailed Milestone Schedule
iii. Team Briefings and Site Visit
iv. Data Collection and Organization
v. Prepare Preliminary Document Outlines and Specs
Phase 2 Campus Development Concepts
i. Research and Data Gathering
II. Stakeholder/Partner Institution Program Interviews and Site
Tours
iii. Preliminary Campus Development Program
iv. Site Visits to Relevant Campuses
v. Concept Development
vi. Team Charrette
vii. Concept Refinement
The team will revise and refine the campus development concepts following a review with staff,
the Working Committee and partners. Materials will be prepared suitable for public meetings
and council study sessions.
In addition to the administration of the said agreements with Stratus and BMS and due to the
changing complexity of the University project, staff has developed an update system to actively
inform Council and senior staff with ongoing activities. The following chart explains staff
proposed reporting structure:
10-7
--". .-...---...----- .~----_._--_._-_._.,._. -.---.--.---...-
PAGE 8, ITEM NO.:
MEETING DATE: 02/01/2005
Council Updates in April and July will include a formal presentation on project status;
expenditures and progress to date; description of variances from plan; and recommendations for
any changes to the plan based on current status. The Information Memorandums will provide the
same information in memo form. The STRATUS and BMS agreements and the project plan are
· being structured to ensure that Consultant activities and expenditures can be adjusted to ensure
project tracks are in sync.
Consideration for the Formation of a Blue Ribbon Committee:
Staff recommends that the Council consider the formation of a Blue Ribbon Committee as a
reconstitution of the University Working Group. The Blue Ribbon Committee would act as an
advisory group to Council on all matters related to the University Park and Research Center
including academic, research, organizational and governance issues and will work closely with
the proposed university and college participants.
· The Blue Ribbon Committee would include current University Working Group Council participant
Jerry Rindone, an additional Council Member to be named by Council, as well as respected
individuals with extensive background and State-wide recognition in higher education. The
following individuals have been briefed on the University Park and Research Center and
represent the caliber of members staff would recommend for consideration:
· Lee Kerschner
· Ralph Pesqueira
· Augie Gallego
· John Davies
· · Dede Alpert
Each of the above has indicated an interest in participating on the Blue Ribbon Committee if
Council so desires.
Staff recommends that Council also appaint a representative of the Mexico higher education
system. Staff has met with the State of Baja California Secretary of Education and will be receiving
his recommendations for a committee member for Council's consideration.
Staff also recommends that the Council consider the appointment of a representative of the state-
wide interests of Private Universities, and a representative of the local Community-at-Iarge.
·
. 10-8
PAGE 9, ITEM NO.:
MEETING DATE: 02/01/2005
Staff further recommends the appointment of a well-respected representative with extensive
background in the financial and development issues that will be considered during the planning
phase of the Universify Park
FISCAL IMPACT
Funds in the amount of $843,829 for the consulting services of the Stratus and 8MS team will
come from the available fund balance of the General Fund from fiscal year 2004-05.
A total of $520,000 for the original STRATUS contract has been appropriated to date from FY
2003/04, and represents the total spent with STRATUS for the previous 12 calendar months.
T oday's action authorizes Phase II contracts totaling $843,829, for a total project appropriation
of $1,363,829.
Original Stratus Agreement $520,000 Appropriated FY 2003/04
Stratus and BMS Agreements $843,829 To be appropriated 2004/05
Total Project Appropriation $1,363,829
ATTACHMENTS
Attachment 1 - Stratus Scope of Work
Attachment 2 - BMS Scope of Work
J:\COMMDEV\STAFF.REp\2005\02-01-05\Strotus-BMS - Phosell-Finol.doc
10-9
A IT ACHMENT 1
STRATU5
January 11,2005
Mr. Denny Stone
Economic Development Manager
Mr. Gustavo Perez
Senior Community Development Specialist
Community Development Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, California 91910
Subject: University Park and Research Center
Planning Phase - 6-Month Scope of Work
Dear Mr. Stone and Mr. Perez:
Pursuant to our discussions over the last five weeks, I am enclosing a Scope of Work and Budget for consulting
related to planning the University Park and Research Center over a 6-month period beginning January 2005.
BACKGROUND
Since January 2003, the City has been engaged in the stndy of strategic alternatives for the creation of a university
on land long designated in its General Plan for such purposes. At the outset, the City Council appointed a
University Working Group to oversee the process and report to the full Council on its Ímdings. In November 2003,
the City engaged STRATUS and its sub-consultants EIP Associates and BMS Design Group to develop a
conceptnal framework and strategy for this university.
DEFINITIONS
In order to clarifY the following sections of this proposal, it is important to deÍme the fol)owing terms to be used:
University Center roC): The UC encompasses the 550-acre University Campus and the 600-acre
environmental preserve (aka: Salt Creek). Contained in the University Campus is the academic core (both
teaching and research), independent research institntes (i.e., GTI), support functions and university
housing.
University Park and Research Center ((]PRC): The UPRC currently encompasses 1,500 acres and includes
the Urriversity Center, Town Center (aka: University Village), and Regional Technology Park (RTP). The
Eastern Urban Center (EUC) is currently not a part of the UPRC but is being contemplated.
6420 Wilshire Boulevard, Suite 1800
Los Angeles, California 90048
Telephone 323.651.17ì6
FacsimUe 323.606.4248
WWW.stratus.nu
a divisiQn QjTI¡e JCM Group
10-10
- -.---. --~_..~ -- -- ---.....------.----....-.....-.-...-
STRftTU5
Mr. Denny Stone and Mr. Gustavo Perez
University Park and Research Center
Jannary 11, 2005
Page 2
GOALS - NEXT 6-MONTHS: Planning Phase
The goals during the next 6-months are as follows:
1. Fonnalize the initial or charter rngher education partners for the delivery offull educational degree programs.
2. Prepare a prospectus for the University Center.
3. Defme the University Center organization to provide a basis for the pennanent structure.
4. Develop the fmancial requirements and funding strategy for the next phases of the project.
5. Assist the City in crèating an economic development strategy for the entire University Park and Research
Center.
SCOPE COMPONENTS
The scope for the next 6-months consists of six major components:
A. Support for City Oversight/Approval
1. Participate in University Working Group (UWG), University Center Advisory Committee (UCAC), or
Blue Ribbon Committee (BRC) meetings, up to six (6) meetings; and preparation of agendas,
presentations and supporting meeting materials.
2. Participate in City Council meetings, up to two (2) meetings; and preparation of agendas, presentations
and supporting meeting materials.
3. Participate in regular and ad hoc staff meetings.
B. Formalization oflnitial Institutional (University) Partners
1. IdentifY initial or charter institutional partners.
2. Develop a University Center Prospectus, with input by the institutional partners and the appropriate
academic committees, to include pro fonnas and/or agreements relative to:
a. Higher education need for the region
b. Academic programs
c. Financial participation
d. Capital participation
e. Articulation agreements
10-11
_.__..___.~.__.. __ - ___._____."... __ _.___.. ._._.. .._ .._h,,_"'u___.___.'_
srRf\TUS
Mr. Denny Stone and Mr. Gustavo Perez
University Park and Research Center
January II, 2005
Page 3
, f. Physical concepts (i.e., academic neighborhoods, cluster colleges, stand-alone institutions)
C. Formation of University Organization
1. Assist the City in establishing a University Center Advisory Committee (UCAC) or Blue Ribbon
Committee (BRC).
2. Formalize Project Vision, Mission, and Guiding Principles, in consultation with the institutional
partners, the UCAC or BRC, and Mayor and City Council.
a. Draft items.
b. Review with UCAC or BRC.
· c. Review with Charter Partners.
d. Review with Mayor and City Council.
e. Finalize.
3. Defme the Governance Framework and Organizational Structure (i.e., 50I.c.3), which will become the
basis for a permanent legal entity.
a. Draft items.
b. Review with UCAC or BRC.
c. Review with Charter Partners, and reconcile with the University Center Prospectus developed in
B.2 above.
d. Review with Mayor and City Council.
e. Finalize.
·
D. Development of Financial Requirements and Funding Strategy for Next-Phase Project Activity and
Initial Physical Development of the University Site.
1. Develop enrollment, faculty and staff assumptions.
2. Estimate planning, capital and operating costs for start-up through opening.
3. Develop fmancing strategy for additional planning, capital, and operating costs, example sources:
Charter Partners, State and Federal funds, foundations, donors, etc.
· 4. IdentifY economic benefits to the City/Region.
E. Assistance in the Development of Overall Financial and Business Plans for the University Study Area
(or UPRC).
1. Assist the City in developing an economic development strategy for the entire University Park and
Research Center.
· 10-12
~TU5
Mr. Denny Stone and Mr. Gustavo Perez
University Park and Research Center
January 11, 2005
Page 4
2. Identify University Center benefits as they relate to the overall strategy.
F. Represent the University Partners in Development of the Framework Land Use Strategy and
CaJ!1pus PIan Concept.
1. Participate in meetings as appropriate.
2. Generate conceptual capital program data to support the development of the Campus Plan Concept.
BUDGET
The following assumptions are built into the professional fees budget, (hours may be reallocated as needed) they
are:
· An allowance of 500 hours for Rod Rose whose lead responsibility will be to support the City Oversight
and Approval process and to represent the University Partners in development of the Framework Strategy
and Campus Concept, and assist with the other four areas as needed.
· An allowance of 300 hours for Lee Kerschner, PhD whose lead responsibility will be to fonn the
University Center organization.
· An allowance of 600 hours for Sal Rinella, PhD whose lead responsibility will be to develop the University
Center Prospectus and to assist with the other five areas as needed.
· An allowance of 500 hours for James Hawkes whose lead responsibility will be to develop the Financial
Requirements and Funding Strategy for the University Center and to assist with the other five areas as
needed.
· An allowance for presentation and administrative support including assistance rrom BMS Design Group.
The professional fees are $397,000.
The following assumptions are built into the expenses budget, they are:
· Executive suite and ad hoc secretarial services
· Travel (i.e., airline, train, rental car)
· Lodging, meals
· Mail and express delivery services
· Reproduction, printing, etc.
The expenses are $54,000.
The total professional fees and expenses for this 6-month period are $451,000.
10-13
- .~_._----._.._.__._-_.._....._-"-_._-_._-_._.__._---- .__.OH.
STRATU5
Mr. Denny Stone and Mr. Gustavo Perez
University Park and Research Center
January 11,2005
· Page 5
DELIVERABLE TIMELINE
· Monthly progress reports to UWG, UCAC, or BRC
· April 19th City Council Meeting
0 Preliminary University Center Prospectus
0 Draft Project Vision, Mission, and Guiding Principles
0 Preliminary Governance Framework and Organizational Structure
0 Preliminary Financial Requirements and Funding Strategy for University Center
· · June 28th or July 12th City Council Meeting
0 Final University Center Prospectus
0 Final Project Vision, Mission, and Guiding Principles
0 Final Governance Framework and Organizational Structure
0 Final Financial Requirements and Funding Strategy for University Center
We appreciate the opportunity to continue working with the City of Chula Vista on this important project.
Sincerely,
STRATUS
· ~ &-. ?h.-£.
James D. Hawkes
Vice President
cc: Rod Rose, STRATUS
Sal Rinella, STRATUS
·
·
10-14
JAN-18-0S 81:0e PM BMS DESIGN GROUP 4152490132 ATTACHMENT 2
B M s
-~-- .'-~--..-.
C t.'s Il''''' Co R C'J 1.1"
Ulb3n lliI~ly" .I~nuary 11,2005
LandI"'IBMII10
land&r..ape Archilti'r:::tull!'
James S¡mdoval, Planning Director
"'4JlI:ck:sunSlract Planning and ßuilding DepijTlment
Sulte-404 276 Fourth Avenue
SilnFIQncJ9C:c. CA (hula Vista, CA 91911
G4111
Tetopl'lone. 4152-19 0130 Ik Framework Strategy and Campus Concept Plan
FKamill 415 2-1R 01:\2
Dear Mr, Sandoval:
s.attlt orrK>l:. 81...IS Design Group and Ell' Associates are pleased to Sllbmil this
3909 Mtmllan Ayenue North proposal to provide planning and urban design services 101' tile above
SelnlP.,W^ referenced projCCls,
æ 03
Taiep/1O'" m 524 0893 DcvelopmCTlt of a framework StTatel,'Y al1d Campus Concept Plan are
two important elements of work that wi!! support the ougoing elTorllo
Fac&lmlle' :zœ:l6Cl 15622 establish the University Park and Research Center. These two CIIlJl'ls
the frarllewnrk Stfélteey and the Campus COTlcept Plan - will advance
planning for the entire university-related area and will set the framework
or genera] configuration of future development. This will be of value to
Ihe property owners. uTliversity partners. and the Cily ill crealing mutual
understanding and expe(;tations tor the various developll1t:nt areas, and
will Ibeilil"!\: fi.ture detailed pla¡u¡jng for the campus and its
surroundings. This work will be conducted in close eoordinalion with the
ongoing effort to recruit university partners by Stratus, and ongoing
planning anù (;ommunjty development activities by the Cily ofChu!a
Vista. and will build upon work ¡¡1ready completed in the past ycar on
ilrtiç\llating the univer,silY Cl1!il:ept.
Scopes nfWork
Attached are the scopes of work for the framework Strategy and Campll! .,
Conccpll'lan. Each scope details the tfl,sks involved in dcveloping these
plans. As mentioned. both projee,^ will be coordinated with Ihe ongoing
t:tìòns to establish the university palincrship being eonduCll'd by the City
and Stratus; C()ordinatiou will include regular meelings, and exchange of
ongoing w(>rk products, Coordi,mrion wid! the Planning Departlllent and
C0111111unily Deve1(>PIUCIll b also includcd and wiJ1 occur continuously
throughout the process.
10-15
._.'._. ._..____...._..'_.'_.._ .._,. _.·._____n_.__'__..__~_._____,·___
JAN-18-85 81 :81 PM BMS DESIGN GROUP 4152490132 P.03
, B M s
---.--.....,...-- Srh~lI"I,·
DE:'I(~N ¡iHOU,," The two work products thc Fmmework Slmkgy ¡lnd Campus Conccpt
Urbar'!Dé:l!(ln Plan -- will be prepared over a six month period. This schedule is
liind PIiInr\ln~ intcnded to facilitate ongoing planning by properly owners for the
landscape ArCflill1'f;hlrll atTi;cted area of the Ülay Ranch, and to provide in Jut to the university
partnership process.
BudgN
The budgets for the Framcwork Stntte¡,'y and Campus Concept Plan am
· $2X7,284 and $105,545 rC.\l1cctively. Each budgel is illelusive of
professional labor and expenses.
Plcase comael us ¡fyou have any questions. We look fo""ard to
e(",¡inuing to work with you on this cxciting and imponalll crror!.
Sincerely,
· BarlJilfa Maloney
Partner
·
.i
·
10-16
JAN-18-B5 01 :B1 PM BMS DESIGN GROUP 41~249B132 P.04
FRAMEWORK STR,\TEGY AND C¡\l\1rl.;S CONCF,PT IJI..\~S
The following d~'I¢r¡b", tli" ,,,,,.10.'" 10 be conducted b)' ßMS De,ign Gmup ""U r:JP ,\,,,,,,,,,1,, "'Ih,
prep,¡:¡r¡¡tiOIl OfU1C Unl\l;'ir)\ll) Park I:U1d Research C~ltèr CummWlily Fmml;'t\\'ork Stl'a ~g~ ¡'UlU Inilial
Campus Plíl1\ Concl.:pts The Framework StrJlU~£y will be prl!pared in dose coordjnnllon \\1\11 ¡)tQPCrI)"
0\\11l."I"5 alld the PJiU1f1in¥ D\:.1pnrllnent and wi1l rcsull in 3 dear planning and Jcslgn l'nlTn\,....\l1ri. for fuu,ue
de\"eloptnCrII oflh. Tow" (:""ter. EVe and RTP, In pam)lel with thi, error!, inilial concopts ror the "
unÎ\"ersi¡y campus will be de.,clop¡,:d,to ensure close intC,Nrdtiun and po..'iilive s04:io-economic wuJ
CCulllllunÜ)" relationships bct\\-cçn the ClUnpus and the OOjoining communil). and that Înlhl.ïlructUN (!;tree(,'i.
open spaCe' and parks, nod utilities) is locited and S'Ît.CU appropriat~ly
Fran1cwOl'k Slrall'lQ' Work Task.~
T.... ].0 PROJfTT INITIA TlON
1.1 (:onllult¡,tion with ('ity Staff
At lhc: outset of the plarlning progr.lJll, wC wilJ cMducl a confcrcl1cc calJ with City sturr to con irnllh~
wnr\; prOSram, ,ehedole. responsibilities, and 0" pro<edures Cor a'e cuurdin.tiQn of Ihe ffllJ11ework
StraIc~' and mterface with plannin.!:j task.:=: for the un¡,'ersit), campu~ and suh.arca plans
1.2 PropCl1y Own.r Su,,'e¡'
A survcy ,..iJl be pr~pared and cJl1jtlibutl:!d to all property o\-l¡ncrs in the llnhï: r;¡il:' Park Wld R~5C:D.rch
Center plannini, area to iden1it). their rCS¡x."Clive objectives for de\'cJopmf..'n.t ¡md plMning sLudie:-; 11l1d other
r~~ch that ht\\ e bUt'n complefed RCSpOtl5CS wiU serre as the fOWldl'llion for ß projcc1 orumlalion
meeting
1..3 ~Ki('k-OfT' Mertill&
^ meeting I,\iI! 11(: conducted "ith City nnd property owners and de,,'clopcrs 10 conlìnn planning objccli\'e5,
pro\:css, J\."Spo~ibilitif!~, schedule, ami hj' mile~tones and revic'r\o í.llfQtm¡1tiOI) fÌu~n prupCrly owners and
dcvelopers rt:sarding dcrdupm..:ont objectives, completcd site studies and plW1!t, and other rcl~, 1\n\
docum~nlo::,
1.4 Framl"t1'Qrk S11'a1e Q' Admini~tl'ation and bnpl~me'nt:1fion
Cit)' and conSldt.1nt stafr" ill meet to discuss and c\o111uate Ihe comp:1rtuive merits of OpUor1al .tpproach~
for the Kùministrüliot.1 and implementation or the Frame\\'\Jrk S¡rntc-sy, Th~'Sc 1118)' rW1gtl ["mm application
as an informi1l guide 10 formal adoption as n policy docwnen1 or\.hc Cit)" ,vhich would require ('EQ^
rev¡ew and pr",,<ssing. Each approach will be .valuate<! for itl utility to provide erfect;'. dircclion ror
propeMy own." for the COnlc't1l of their SPA pi",,", legal basis for SPA pliln re\,i." LIIlU entillement, e'telll
ofpuhlic inyol,:emcnt, and !fchedule and cost irnplicalions, Analyscs will be documenled for rc\ ic,", \\Ith
lhè pmperl)' owners_
1.5 Pl"Oprrty OWder and School Di:ihid MC'('nl)25
A mecting will be COI1(lUCI~d with each property owner to Æ\'iew the objcc¡i\ es, schedule, proceduros.
respollsibilitie!'i, and administralion and iInplementi;l.tion oplÎon1$ for the Frame\\od.. SlrutC,b'\ proc~:::, We
will focus on soliciting commcnts regardiog UJi; l:On(ent and worL. SCOpè fur lhe formulatj¢n of Lhc
Framework StrateR'" to assure thai the final document has rna.'\imum utilit~ for the foutlululhm {1f subarea
SPA plans, I
RMS I),,.ign Groop and EIP Associale, J
Fram~~'OfJ.. SLrlU~~gy and Campus Conccpl ,Pl\lll Scopcs ofWor~
)J ~/2l)()5
10-17
-------,-----,----- --------------.-------------.,------
JAN-18-05 131 :132 PM BMS DESIGN GROUP 4152498132 P.05
Additionally. we \\II! T1ll'l'! \\1111 r...'pr~CI'l1nt¡\·cs Or!hl· S¡,:hlJl,) DislricIIl1 CI)I1!'IIIIII!1\!'11 n!l.Jt:r.;¡i, "Ii amJ
cril~ria f\)r the de,~{uplt\\'.'nl It I' :1 :,chool \\·iÙlin th~ UPRC plannins ar~n and pmç~~.,c~ 1(11" 11~ 1r\\~1h Cfmmt
in the fnunc\\orJ... process
1.6 Fram<'W.,·k StnllogJ 'Uld Impl.mentalion Objrcliv..
Bao;;ed 011 the Input re<:t:'iH'd rrot1l1he mccting~ conducl~d in Tas~ L:~,:1 m¡:Jl)onUldum ,,¡J} be prepared that
d<xumcnts Ih" pn>perty o\\nCi1~' amI slairs delined de\elopmCl\l objl..':\:ti"cs and ¡,;xpççtcd \1utcomes of the
Framework Slral¡:~' process This ",ill include an outline of the content orthc Framc"ork Slruh.:g:r.
proposed admini~lrati{)n J1l1d implemenlation approach. work tasks to be cOI\dw.:ll:d, I...:sponsibilili¡;s, and
,ch.dulo
Task Z.O INITIAL P1.A",N''''G AND DESIGN CONCEPTS
· 2.1 Compil~ and UOcllnl....ot BaseUnt Data
P\!rtint'!nl bas illint: datn ,Jm..~llIIg dtr\'clopment of the UPR(' planning urcl.I \\¡Il be ct1mpiIl:'d from a."D,ilD.hle
res\'·UJrce~. am.l.I,·~.t.<-d, and documented A ~i:ie lOOp will be prepared for the recording ofbnsehn¢ di.1(¡,'. plan
aItemati\"~. and recorrullcndatÎonlt Inform31ion ~ ¡II induùr:, bUl nol be limited to. lhe following'
. Sítc and RegiGnal Conlc.\1
· Property o\o).t'lcr~blp
· Subdi,'i.!lion
· Topography
· Existing and p[UTUH...'d lmnsport.:uion, infrastructure! ulililit.."::i, und public services (school:=:. pnrks,
<lc.)
· Existing u.scs
·
· Environmcntal r~sources and conservation
· HlLards, including gcnlor,icJscisnUc, Hooding, and lire
b. Planning Cont~'\t. rvluhi·ln!;Ululiona] University P ogrnill
In CQnjunction with the MITC pi1I1nershipt groMh forecasts for th~ calnpu!' and anç¡U::lly Jacililie,~ will
be pmjecltl'd to enablr.: property o\\ner.s to understand the allticipatcd SIZr.: WIÙ limmg OriL"i direct and
induced pop\JJat1oJ1 (sludt:IIIS. faculty, staff, and sen(ce population).
c Economjc and Mark~t (-oIJli()lutl \"olk tasks ¡IS lhe hasis for the undel1:1<1Jldlng or marJ...o,}\ dC!H~)T'd5 ~uld
pohmliaJ competition among indh·iduaJ property o'\ncrs)
· Sub-rcgicmat populatIon anù ~c()n(}mic fon..~osts
· Sub-rcgionnt and local market dcmands for housing, retail conun~rcll.\L oJ1iœ. r~"an.:h and
· dev~loprrlt:mL'indl ~tr¡al. and other uses; (h~cd on rcvlCYf' ofa...:i5ting studies and literal\lrC and
con.r,¡ull¡¡110fl with Clty\ economic consu!t[Ult, Economics Rt;$enrch Ass!")ciall,,'$)
· PotentiaJ demands ror housing, retail, olliee, 311d re-search Md development llSC!ì induced b~
devcJoprnc11t of the propl)~H:1I rnulti-institutionw unhcrsity çf\mpU~ (Þa."ed on fe\ ieo" \Ir~lllùi~ for
comparahle I\lcdltlcs í.md ëRA and Stratus input)
d. Pt)licy and Rl.:gulalol)
· Existing I,oning for pr~)p~~rtics in and 4Ibu!(Îng thl.: UPRC planning alca
· E"jStirl~ development !il:ifldards penaJning 10 potCJ1tjnl planning arei1 ust's (pern:l.ilt~d us~,
densil)"/inlensit). bu.llding heighl. JOI c(m,:rage. park.ing, laJld!)cupe. signagc, J 19htmg, streel
"""da"l:;, park stalld¡a~'. an~ other)
· Devolòpment JÌJc:s Wld impact miÜgalion
· De\"elopm~nl re"iew 1ll1d r.:nlìllcment proc,"~s(,"s
·
BMS De,igll Group ""~ EIP A,,"ciatcs 1
Frnnlcwork Strategy i:llUj ('nmp\L>; C'unç.çpt Pla.n Scupu." I:IfWori
IIIHI2tJ<)5
10-18
JAN-18-'85 81 :85 PM BMS DESIGN GROUP 415249'8132 P.B1
· Appli,Qole 00no",1I J>1"11'"lici..
1.2 Initin! ('onr~pl'
De\C:!L'p inhi3.1 plan c()nct!pl~ h¡ts~d on analysis or~"tsl g cnnditions ßt1d r~\'il,,'\\ OJ'~Jt1l1~ .:1.Jrl,;t.lY~ ¡m:p.\rod
or Iß progress ~' city and. m l¡¡r1d owners. Initial CotlCCphi \\i1l include cOllsideríllìt)n or the ch:mcnt:; Ihn!
prO\ ide cQMeclion 1lI1d coh~~¡Qn Ilmong the individual propcnic~ inçl\ din~.
· Vision and guiùmg principles for dc,.'clopmunt oflhe planning urea and each sub.an~'a (in1end~(
runctioI1i:ù rule. l:md uses. comlnllnily character, urbM lotrn, ndationship!'i to !;¿¡mpus and
adjoirting: us~, inter-rclationlihips .¡unong districts, lran.sPQrta~on/mobilil~. and So un I
· Land u~e types and d.islribution~ including inter-reJ¡¡tTonships IJl'nong sub3.r~at; and Lndtndunl
o'...no~hip". compatibilit)' of u>os, and flexibility to respond 10 lonu·lenn .\ olUlion or Ùle
marketplace and de>,elopmonl of !he C"I11PUS
· Urban form an~ de,olopmenl dcnsil) and intoosil}
· Topographic fonn and grading, incJuding grade chMg~ within and ;ll11lmg plan/1int', ! ub~n:as wul
indi"jduul propt1rtil:S
· Cir<:u.lali~'n ne1wor). (nut~J1h)b¡h::. transit, pede.sliiw1, bi9'c!c.and olher), as w~1I as implicatio( ~ uJ'
Hi¥hw~' 12.5 localiull Wld interchanges
· Opcn Sp3CC elements Md nclwnrk
· Public f¡¡cilities and senices, incluùulg scllUuh, backo"n. infraslruclure systems:md facililic,
(q.. electrical ,ub-'Iat;ons), and relaled elements
· C:onn~1c1j\it) nrnang ind¡"'iduol properties and across primar)' tranSp0l'1nl1on corrH.lurs, including
Highway 12.'
1J Prop..'> Owù~r Mectin!,<<-lnpIJI for I.nitilll CODe.po
During the preparation urlhe initial concepts, a meoting \\o'it! be conducted \\'ith ~ach propcrt) O\\TIcr to
confiml development Clbjecti\'es.and recehc input and tèedback r~sardil1C the kc)" FrW"ncwvr~ elemenl5,
. Wc will provide and solicit image! from the propen)' owners regarding the type ""d qualil) of Mticil"lcd
developmcnt to U,.ssure common undorstanding of the principles to be used in furmulating the concepts ..
1.4 Planning and Design CII......U.
Condu~t ora fin;! planning ¡¡nd ùl..'S'igt¡ charrette wilh the Pfopcrt>· o\\'ne~ anù dl:!\'eloper~ to re\'icw inlllal
conœpL't, The churrene "ill focus otI us:ing the initial concepts as a beginning point fOf a discussion
rcgarùing ¡he i,~stles nnd goals identified pra\'iomily and the principles and physical concepts thai will h\1lp
achic\,4¡! lhel11. lñe concepl.s prepared \\-ill be \'Cvi(:wcd and adilitiona1 concepts wiH be kl<.:nliJicd by Ih~
group as 11 whole, Based Or! the inpul received, the work progran1 will be re\it~'l¡cd rQr its cQl1linued ';
applicabiIHy and the need, proce~s, and rt:SponsibiIities for additional It.:dUlil~af sLudies or t.asks idooti!ied,
2.3 I\e.icw Ch."..tte ('oncop!> with CIty StalT .'
A mcclin!; ,\;11 be condm;t~d with City staIr to review p1anning and design concepts thnt wert' I"omulluled
c.on$ensu$ items and are,,&: of debate w;1I be discussed. Additionnlly. any work scope and blldp,ct
modìlìc¡:ttiulls will be conl1rnldd.
':
T..,k3.0 REVISE PI.~NNING AND DESIGN ÇON('~PTS
3.1 R....¡.. Planniug ,md Design Conrepls
Thi, task "ill build upon the first charr.lle, refming. set orCOnœpl all.mot;""" for the slu~)' ar"" Agam,
a1tem.íUi \'C solutions to key fmn1~wark elements will be considered (ílli lisled fnr Task 2.2). including.
. Land use,
.¡
BMS Design Group and I~IP Associ¡¡1l'S J
Fr\pnewul'k $trateg) and C3mpus Concept Phm Scopes orWork 1
111812005
10-19
"--.'-' ._."..-~~-~-.-'-...."."'---.-.--._.".---.- ..........-------..-.-. .-..-.
JAN-18-Ø5 øl :ø6 PM BMS DESIGN GROUP 4152490132 P.ø2
.
· Circ:ulnhIÆ.
· Opt!11 SpaL:~,
· lIrb:., form.
· Topo~rnphy/BroJII\B. ",,>I
· Linlage:-; iUld relatwnstllp¡:¡ hetwi!øn subQroa::, ~.,g., b~h\'eer1 th~ UnivcTslly IU1d ~djoinjJl8 uscs
In cons¡d~rmion orthl'S~ plan concepts, we will elaborate up()n the intentions for c:ol'l1/1lunn)" character und
urball fn,," and design tlwI dilTerentiate the pl¡¡nning area for oilier ar,,,,, of Ihe Ci~' .nd Olal' Ranch .lId
identit)· changes It> .xi,ting dClclopnwnl standard, Ihm J11ay be \\lIrrlll1ted 1" mccllh.,. objmire"
Anton~ the elements 1hilt mu)' be addre!õised are:
· StrclJl :sl;.mdards (width, hmes, irnpro\"cment!!, median.~. sidewalks, landscape. Clc.)
, · Park classil'icalit>m¡ and standards,
· Huildiog mass and lot coverage.
Densilj linten,;,,'. .'i
·
·.i
· Height.
· Arch¡l~cluri1l char<1C"tcr,
· Parking, and
· Unique standards 10 distinctly achic~e an erlvirl1nmen!aJly sustainable community (e.g.. building
design W1t1 C()OSlrtlC1ion, site landscape, land ll.'\e pl4l11ning, utility inrrastrllcturc. and other).
Maps will be: prepared lhal depict "ü.\ed" elements thai are essenlial in linkine indi\idtlal prOpCI1.1CS and
achie...·iI18 coh~siorl ufthc UPRC. such as StIeet5, MnreI1\l,'ays, backbone infrnslnlcturc. and scah1massing
relationships. DOme elements, ~¡¡ch as land uses, may be defined through ·"In.lbble dl:l£ranIS" that WOt (d
alluw nexibilily for subsequent detailed SPA plans and rcsponse 10 ev()IYing market conditions and
demands. PCrfOrI'llànce iitiUldards and polIcies wiJl be delìned re,gardillg the relationship and urb¡\I1 form vI"
selected IIses ultimately 10 be í.tccomrnodaled within the "bubbJc:i. n Diagram:s and photograph!;; of
comparable reprcscntalive prQjects will be used tu itlu.l.ilrale ~he applicalion of these standards ÐJld poJJcics
and how tl1\~s~ lands might be de~clopcd.
].2 "'Opt..l,y O\\'ner Me-t'tings-Iupu. for Re\'isrd Pliuming and IJcsign ('OI1('('pts
During the prepilralioll of l.he rcyiscd concept'!, i;I. mee1inc wiH be conductctl wiU) each prop~rly O\\11er In
r~"j~· lIud rcceiye input and feedback for sketch plan and design elclllcnts,
"
",
"
,
"
BMS DesiStJ Group i;I.Ild ßlP AS5o<:inles 4
t"ramewürL SIT3!l~L:n and Campus (\mcept Pl;11l S¡,:opcs ofWorl
IIIM/2nn;
10-20
-
JAN-1B-05 81 :86 PM BMS DESIGN GROUP 41524'30132 P.03
J.J MrQnd Planning IUld U\·!.j~n ('·hUI·I~tcl."
('on¡Ju(.' ~ccond. ¡J¡,:sign :1l1d p!au]lU\g çharrotl~ with pr~jp~rl~ o\ŸT1crS II \\ilJ IJlr!LIII~';J IC\ 11,,'\\ LUIi.!
evalualion or me relined pl.¡w and d~"Si~n concepts, a~ de!1noo UI T~k 3.1.. f',<;us¡ng 011 implica1ions fur
individual properties ~ \\dl D.."i the !;\J.C'cess af"thc phlIlS in cr~ling an integrated. s~ rlCrgl.stH; cornbin.ation
and program of uses, hn,"d wilh. conullunily-building rram~work of oiro\II'111011 ¡UJd open 'pace,
Densitil."S alii.! cnl1li,bJUratiotls or pob::l'IliaJ U£a'5 and urban rann, as well as appropnate d~,"elopmen1 "
standards Ihat .aTI) oot these obJ,·cti,.e, will b.. ke}' coosideratiOl1 at ~¡j, juncture, AI Ihis time
overarching dc\'doprnunt gllidinC principlcs~ a consen~\L'¡ preferred concept plan (mcluùmg comp(ment
elements), Md t.h..~i.gn principles that will bc basis rOT fonnaliled de"elopment stamh:uds \\ill b~ itjentilil;!d,
This charrene ""ill also re\'ie\\ 1he rorm and :¡:C() lC of the con1ents orthe Fram¡':\\l.1/J... SlratL'~Y uocumenl. a.<.; '!
defined in Ta.<;l 1.6, and revise ÎI a.c:; neçessal)· 10 ren~t on !.he wurk lhal ha"i heen compl~1ed and ensure Jt~
utility iLl{ the guide l'or Un: subsequent preparation of SPA plans. Additionally, the \\"ork program \\'111 be
reviewed ror ils continued applicabilit)' and the neerl. process. ßl}d responsibilities Jor additional lechl1Îcnl
studies tJr la.~k~ identified,
.U RINitw Conr.pt. \tUh University Partners
Alleasl once in the plunning process, we ~\'iH meet with lhe unÎ\'ersily partners to rcyic\\ thc planning and
desiGn concepts dç"'eloped in the charcncs for their consistency \\oith objccli \ C$ r()( Ih~ i.!¡,:\ cIQprn~"l1t uf thl:
unÎ\'ef'!.;ity site, Input ",..ill be requ~ted regarding approaches to integrate the ç,nmpus and !illtfùumlillg land .\
uses á1I1d ho~\' 1hey can be mutuallj ber¡efi.dal, iududjng the possihle ~haring or U$~~
3_, De-Bn.fwilh City StalT
The revised concopL' ,,.ill b. reviewed with City ,talT Allhis stage, we will focus 011 tho c(1J1Iì,mall\1JJ (II"
the guiding principle, thai will sen'e <IS the basis for the uniy.r.;ily and all subarea SPA plans, as well..,
any input th~ subslô1J1tiyely conflicts with the r.ity'~ planning and dcvclopmcrH ob,l!.:(,;ll\ cs an<J p~)licies,
Tuk 4,0 FINAl. L¡\ND USE ANI> Dt:SIGN FRAMEWORK ";
4.1 Re-fine Framnt·ol'k Stl'at("2,y t:leml"lIb
Furth~r reflnemcnl or Cramo.:\\oork wategies D.l1d eJemcnu. The team will conLinue: to refine the preferred
strategies and preliminary lh:vclnpment s1andards, fulthc( rcsting :md ilhL"ilritling .,tnlle&'y componcnts.
This wHl incluœ al1 frameworlo clements ill plan [uml, a.c; well a.c; dctj' jlcd £lIli,,1cllOeS and slandtu-ùs ft1r
components and suhareall¡ IldeqlJittt to provid~ dear direction and coml1l¡ttn~nIS, ·nll:S \\JIl "neumpa:iS:
a. Plans
· L¡md use (orgnnil.ationalconcePts, with flexibility to accommodme l~conomic mar~c¡.s ;lJ1Ù
dcyclupment demands as thl..,' e,'olve over limc)
· Urbon fann
· Topograph) and grading
· TrallSPOtlutiunlmohili1)' (Uulol11ohih:.1n.lck, tJ"nsi~ bic)<çle, and pcdcstn¿u1)
· .Badbl)n~ infrastfuclun.· and utiljties (irlcmpnratÎIl£ input from Cil)" x!¡¡IT and/or consultanl,,)
')
· Open space illJÙ gmenwnys (ullcrconnec1illg)
, 01h~r ns delìncd during the p]ill1nirIC and design process ,':
b. Standards
· P~rrni u~d uses .¡
,'J
· Density/intensity
, Lot cO\'crnge Md prop~rI~ ~etb(lt.::k:s :1'
','
HMS De:sign Group and UP A~i$oei<ltes 5
Framcworl StIiltug)' :u1d CnITlpU.o:; Concepl Plan Scopes (IrWurk ,i
1)1~)'2Qt)5
"
10-21
~ -------~-----~-----
JAN-18-85 81 :07 PM BMS DESIGN GROUP 4152498132 P.84
,
· lI.i~ht
· PurkiJl~
· DrÜcu'OY and \ ~hl~1c- ~1l,.'i:¡:SS:
· Signuge
· Lighting
· Architec1ural C"harad~r
· Street standard!ol
· · Pãtk !$t::l.ndj]rd~
· 01111:r
c. Framc,",ork. Administration and Implemcntation (inc()J"purwiIlg input r~cei\·~d rnm~ Ci1~ st.,f!)
· SP ^ Plans R.equin:lm:nls
· SPA PI>JI\s Proc,,", and lënritlemenls
4.2 'l"Opert)· OWller M~t'tillgs.lnput for ~1nal Land Use wid Dl"sign Fl'arufowork 'j
Meetings will be condut'tl.'d \\ ilh each propen.y owner to re,.¡ew pl¡U1 and I"h:sign dt,;rnCfJls uf the
FrHmcwork. and d~\'elopl1lcn1 standardli to :.t.'iliiure (hat ¡hey reflect, are Ilndcr~1ond. Cllní.1S1cn1 "ifh, arJd rn~'Ct
property u'v\-TIer \"}h.ie(.'Ti \ ~
· 4.3 City Council Study Session
An initial Citl Council Study Ses~ion wilt be conducted to conJ'írn1 underJYll1g planning and d~ign
prìncipk"5 and strate-gies. í\lld plOI ide input regarding any conflicting directions recei\ed during thC'
planning proçess,
4.4 De-Dri.r wilh City sl.rr
A rm..~tlng \\ill be cQlldut;ted with City sL.úrLo review Cit)' Council inpU1 and impllCiHiùns for Ihl~
Frame-\\'{Jrk Strategy .,
4.5 Third PI.nning and Design Ch......".
RC'vie\\' dran rrame\I,.'orJ.. Slrateg~ ",..ilh property OV.l1t:I"$, In this charrene. the S1ratl~g~ \,.¡II be rcyicwC'd ¿U1d
· dr..~irud revisions will be: di$cu$~cd,
4.6 n.·nd.r wilh <.'ity Staff
^ rnecÜng wiIJ be conduCh~d wi1h Cit)' stall' 10 rcrir.m inpu~ ''arm the propert) 0\\ ncrs- at the third cha¡ fClte,
We will see~ COn(~UITC11(,1:' \""ith the rundamenhd phuming and design "Iements í\.I1d dir~çtJçn tQ f'CSO¡""C ¡IJI~
cQnniets.
T..k 5.0 FRA~n:WORK STRAH:(;Y I)OClIMENT .
5.1 Prepnl'e Admin¡SIr'jUty!!' DJ'aft Fnuucwo.'k Slnth.'gy
PJanning and d~ign elcmcn(s, d~velopmen1 guiddmcs and jitandards, ildrninislmllon Wld implemen1;¡1ion
· acrion~. and otht."T rele\'allt compul1cnt~ developed in the: preceding "'ork tas~s \\ ¡I¡ be S) lIUH..':;¡izt.~d illt\) a
coht."Sj \'0' document intend( d Iu ::icn'c as the rnlme" ork for (;oncurrenl Qr sl,.IbseqUl'.'flt SPA ¡¡Ian\;. ^n
administnui..e dm!l wiJI hi: prepaœd and submitted for Cit~ staITand prnperty çn\11cr re, jew,
,
BM~ Design Group and F)~ kS(Jciale.~ .,
(,
Fr,nrm.n\'ork Strulc.;gy and CaJtll'IIS Concept PI~ Scopes ofWorJ.. ,
111~12l)[)5
.
.'
· 10-22
JAN-18-05 01 :08 PM BMS DESIGN GROUP 41S2490132 P.05
5.% ProP(ll'ty O~'n("l- Rl'\'í.'\'-· of Achninlslr'ftUvc n"1In I"rjtJl'lrwork StJ'iltil1Z)'
111~ .:Wmíni~tr.,ti\. dro.n Frtml~\\ \ rl S1nll~~ will bv subllJi \~ ror pr!Jp~rl~ (J\\ nl,!r r~\ lew ¡U1d ¡;omm(.'tH.
~.J MCt"tlng, with Cit)· St~rr
A meeling "ill be cOoduct~d 10 JUliuw ,,·rill"o prop"rly o\\~er and City stafr C"'~l11ents 011 Ole
admini!l1n¡tire dran f'raml.::\,"or .. Strategy
~.4 Drarr Final Fr:lnl."o..... StuffIlY
The Framework Slralegy will be revised to rellcct Cily staff input Wld puhli!iihed fnr re' ie-w with Ih~~ ('¡,~
Council
~.!j City Council Study S...inn
':
A study session will he conducted with the City COWlCillo review and accept ¡he principal elements of the
draft Frarnewmk SIra1em
,
Initial Campus Plan Concepts Work Task..
Pal1l, proJrrt Sfaliup, Site Aoalysl, and Initial Campu, Concepts .,
The 'nitia] Campus Plan ('um:.:pls work. scope rept~~cnIS tl1c initial acll\'il(C~ a.'isoc at~d wilh preparing n
comprchcmsi.,c long range d~"elopmenl phUl fUf !1univcnsil)" carnp J.c;, This. work will identify site
cOIUilminl~, relariønship to adjolIung properlies ami open space, and the Olerall f'rí\n)~'wor~ OfclIClIlntwn
amlland uses that will comprise th~ campus. The concept~ will be de\'elnJ1l~d 10 fissure cùordinf\liot\ nlJd
integration bct\.,·ecn Ute campu~ óU1d [h~~ surroun,diT'lIJ communit)". Flexibility will hI! 11 primal)
consideration 10 all"w Ih. pial's to nccO"UIIú~.to Iho varioty ofillitilutions 111m mO'· ultimatei) be locnlcd al
the: site. The ct'Ißcep1 planning \\ il! build upon work alnmdy prepared oyer the last ~ ear in as~es:'!iin£ the
site's suilabililr for a unì\'er,c;ity campllS. ..
Ph... I PrDj... Star.oup
1.1 t'nali.o S.'D !< ofWo,'k
In con~ult;1ion ","ith Ç"i\) ~~n'W1d in coordination "ith pnrallcJ phmnlng cnj)rl.~ Ih~ ,i¡jC¡)P~ nl"wnrk anrl
bud~çt ,\-'iIl be finali7.ed
1.2 Develop Detailed Mil.s.onr Srhrdule
A detailed schedule will he prepared 10 coor~jllale Iho Mus'or Plan will1 D01er pla"I1J"g clli>rt<. ""p.uiall)
the J.'ramcwork Plall. .;
13 Tesln Briefing,!; and Sitr Yi:fÍC ,¡
A 51."TÌes of hriefing s~5iun~ will be conducl~J Iu H.'isisl in Ihe full tmnsfer of kl',' inrmrnaliun, Detailed
infon11íl1ion on dl:,,·clopmenl plans, iufrastruclure phasing, site COIlst.r~'linl:i. ciW ~aandards. and o1hcr .j
pl.:rlinent inforll1ation y,iJI need to he pro\-idcd bj. city staff and 01hcrs.
:1
IA Datu Cone('1ion :md OI'gar1l~aHon
The team will çol1ect all m~lilaÞle information Wld will produce bas~ rru!.p~ and nlher lools necessary fur the
C:Ol'1ducl of the work, A librai')' of infQrmalion ,\-ilI he identified, ,,\"ith information l11¡¡.de in aHable II,) the
team either electronicaJb or in hard COP)' as nCOOL'tÍ,
..
1.5 Prepare- Prrlimlnat'3' Documtnt Ou1lillt's md Spers ..
BMS Design Group and FlP Associate, 7 .Ií
Ftï:unc.....orl.:. Str:U~g)' and ('~UllPU:S Cum:cpl Plan Scopt':s Urw~)r~
>m120D5
.
,
10-23
- -----_.._,.~_._- ._~-------,~-"- -~-"-"'-
RESOLUTION NO. 2005-
RESOLUTION GRANTING AGREEMENTS WITH STRATUS,
A DIVISION OF THE JCM GROUP. FOR THE
FORMALIZATION OF CHARTER UNIVERSITY PARTNERS
AND THE DEVELOPMENT OF KEY COLLABORATION,
BUSINESS AND ACADEMIC PLANS BE1WEEN AND
AMONG THOSE PARTNERS, AND BMS FOR THE
DEVELOPMENT OF A FRAMEWORK LAND USE STRATEGY
AND THE DEVELOPMENT OF A PRELIMINARY CAMPUS
PLAN CONCEPT FOR THE UNIVERSITY PARK AND
APPROPRIATING $843,829 FROM THE AVAILABLE FUND
BALANCE OF GENERAL FUND FOR THE PERFORMANCE
OF THESE TASKS.
WHEREAS, the City Council has established a policy to attract a first-rate college or
university to a 1 ,500-acre site in Otay Ranch; and
WHEREAS, to achieve this goal, the City Council approved an agreement, dated
February 3, 2004 (Resolution No. 2004-034), with Stratus, a division of the JCM Group
("Stratus"), for development of the City's Higher Education Recruitment Strategy; and
WHEREAS, BMS Design Group ("BMS") and EIP where approved sub-consultants /
team members as part of that agreement; and
WHEREAS, the Consultants were selected due to their experience in developing
university strategies and their comprehensive understanding of both the Chula Vista
community as well as the San Diego region; and
WHEREAS, Phase I of the Higher Education Recruitment Strategy has been
completed and the City now wishes to move onto Phase II; and
WHEREAS, to complete Phase II, the City requires consultant services to help it with
the formalization of charter university partners and the development of key collaboration,
business and academic plans; and
WHEREAS, the City also requires consultant services for the development of a
framework land use strategy and preliminary campus plan concept; and
WHEREAS, Stratus and BMS have performed excellent work for the City over the
past year and are the most qualified consultants to assist the City in completing Phase II of
the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a consulting agreement between the City and Stratus for the
10-24
-- ,--,.-.------...-.-.-----.,-----
formalization of charter university partners and the development of key collaboration,
business and academic plans in an amount not to exceed $451,000.
· BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby approve a consulting agreement with BMS Design Group for the development of a
framework land use strategy and preliminary campus plan concept in an amount not to
exceed $392,829.
BE IT FURTHER RESOLVED that $843,829 is hereby appropriated from available
balance of the General Fund to the Community Development Department's Fiscal Year
2004-2005 supplies and services budget.
Presented by Approved as to form by
· Yo..- L. f-k.-
Laurie A. Madigan Ann Moore
Director of Community Development City Attorney
sttorney\reso\agreements\Stratus~BMS phase II university agreements. doc
·
·
·
10-25
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
S)~l.~
Ann Moore
City Attorney
Dated: January 27,2005
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STRATUS,
A DIVISION OF THE JCM GROUP, FOR THE FORMALIZATION OF
CHARTER UNIVERSITY PARTNERS AND THE DEVELOPMENT OF KEY
COLLABORATION, BUSINESS AND ACADEMIC PLANS
10-26
..---.-.. _._~ _.....·.__.___·,·__··..._M. ...._...~_.....___._._.._._._ __._________._____
Agreement Between
City of Chula Vista
and
STRATUS, A Division Of The JCM Group
For Consulting Services Related to the Development of a
Phase II Higher Education Recruitment Strategy
This agreement ("Agreement"), dated January 25, 2005 for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Whereas, the City has established a policy to attract a first-rate college or university
to a 1 ,500-acre site in Otay Ranch; and
Whereas, to achieve this goal, the City and Stratus entered into an agreement,
dated February 3, 2004 (Resolution No. 2004-034), for development of the City's Higher
Education Recruitment Strategy; and
Whereas, Phase I of the Higher Education Recruitment Strategy has been
completed and the City now wishes to move onto Phase II; and
Whereas, to complete Phase II, the City requires consultant services to help it with
the formalization of charter university partners and the development of key collaboration,
business and academic plans; and
Whereas, Consultant possesses extensive expertise in advising public and private
entities regarding the development of higher education campuses; and
Whereas, Consultant warrants and represents that they are experienced and staffed
in a manner such that they are and can prepare and deliver the services required of
Consultant to City within the time frames herein provided all in accordance with the terms
and conditions of this Agreement.
[end of recitals. next page starts obligatory provisions.]
Page 1
10-27
- _._--_._~~_._~_._-_..__._~_..._-_._- '---'~-'-----
,
Obliqatorv Provisions Paqes
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
· Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall
also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of
Work and Schedule", not inconsistent with the General Duties, according to, and within the
time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are
identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of
· the essence of this agreement. The General Duties and the work and deliverables required
in the Scope of Work and Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated does not, except at the
option of the City, operate to terminate this Agreement.
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
·
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce
the Defined Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said reduction.
D. Additional Services
· In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Consultant, Consultant shall perform same on a time and materials basis at the
rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a se¡parate
Page 2
10-28
·
fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid
monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of care
and skill ordinarily exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it
in connection with the Services required to be rendered, are protected against the risk of
loss by the following insurance coverages, in the following 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.
.
.
Page 3
10-29
_.__._u_ "- -- ----~._---~.._._-_._-----_..__._,._------
·
H. Security for Performance.
(1 ) Performance Bond.
In the event that ExhibitA, at Paragraph 19, indicates the need for Consultant
to provide a Performance Bond (indicated by a check mark in the parenthetical space
· immediately preceding the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by
laws or regulations. All bonds signed by an agent must be accompanied by a certified copy
of such agent's authority to act. Surety companies must be duly licensed or authorized in
the jurisdiction in which the Project is located to issue bonds for the limits so required.
· Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated
in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the City at their unfettered
discretion by submitting to the bank a letter, signed by the City Manager, stating that the
· Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued
by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide security other than a Performance Bond or a Letter of Credit (indicated by a
check mark 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
· Page 4
10-30
A. Consultation and Cooperation
City shall regularly consult the Consultant forthe purpose of reviewing the progress
of the Defined Services and Schedule therein contained, and to provide direction and
guidance to achieve the objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the term of the agreement. In
addition thereto, City agrees to provide the information, data, items and materials set forth
on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of
these materials beyond 30 days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms and
conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the
requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate
Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. Timely
payment of Consultant's invoices is a material part of the Agreement. If Consultant's
invoices are not paid within sixty (60) days of submission, Consultant may, at its sole
discretion, stop work until the past due invoices have been paid, at which time Consultant
shall resume work.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall 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
Page 5
1 0-31
__.~.__..___ ._..__..._.'"__._._.....__._.._..____..___._.... _n______._._____.. ..
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
, this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the following penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum
of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate").
· Time extensions for delays beyond the consultant's control, other than delays
cáused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
·
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
conflict of interest and disclosure provisions, and shall report economic interests to the City
Clerk on the required Statement of Economic Interests in such reporting categories as are
specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
· Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall
not make, or participate in rnaking or in any way atternpt to use Consultant's position to
influence a governrnental decision in which Consultant knows or has reason to know
Consultant has a financial interest other than the cornpensation prornised by this
Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
warrants and represents that Consultant has diligently conducted a search and inventory of
· Consultant's economic interests, as the term is used in the regulations promulgated by the
,
.
Page 6
10-32
Fair Political Practices Commission, and has determined that Consultant does not, to the
best of Consultant's knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City Attorney of
City if Consultant learns of an economic interest of Consultant's which may result in a
conflict of interest for the purpose of the Fair Political Practices Act, and regulations
promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's· employees or agents ("Consultant
Associates") presently have any interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in any property within 2 radial
miles from the exterior boundaries of any property which may be the subject matter of the
Defined Services, ("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.
Page 7
10-33
__._ _ _____.m_."._. ~-_..__.,---~---------,. ---.-.--.,
7.1 Indemnification and Hold Harmless Agreement.
· With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or claimed to
be caused by the acts or omissions of the Consultant, or Consultant's employees, agents,
and officers, arising out of any services performed involving this project, except liability for
Professional Services covered under Section 7.2, the Consultant agrees to defend,
indemnify, protect, and hold harmless the City, its agents, officers, or employees from and
against all liability. Also covered is liability arising from, connected with, caused by, or
claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive
negligent acts or omissions of the Consultant, its employees, agents or officers, or any third
· party. The Consultant's duty to indemnify, protect and hold harmless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its
agents, officers or employees. This section in no way alters, affects or modifies the
Consultant's obligation and duties under Section Exhibit A to this Agreement.
7.2 Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers
and employees from and against any and all liability, claims, costs, and damages, including
but not limited to, attorneys fees, losses or payments for injury to any person or property,
· caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or
Consultant's employees, agents or officers; provided, however, that the Consultant's duty
to indemnify, defend and hold harmless shall not include any claims or liability arising from
the negligence or willful misconduct of the City, its agents, officers and employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
· terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents and
other materials up to the effective date of Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused City by Consultant's breach.
9. Errors and Omissions
·
I n 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
Page 8
10-34
expense to City greater than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the City.
Nothing herein is intended to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination. In that event, all finished
and unfinished documents and other materials described hereinabove shall, at the option of
the City, become City's sole and exclusive property. If the Agreement is terminated by City
as provided in this paragraph, Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby expressly waives any and all
claims for damages or compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City. City hereby consents to the
assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to
the subconsultants identified thereat as "Permitted Subconsultants".
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. Without obtaining City's express
written consent, Consultant may use the Project name, Project description, and any non-
technical and non-professional public documents it produces to facilitate Consultant's future
marketing efforts.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
,
-
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- _......_.~_.-~_.---_._----_.~---"--,--~----'_.._'_.-
· representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Therefore, City will not withhold state or federal income tax, social security tax or any other
payroll tax, and Consultant shall be solely responsible for the payment of same and shall
hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
· No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as iffully set forth herein, and such policies and procedures
used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
,
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall, if
requested by City, include, or cause the inclusion of, in said report or document, a
statement of the numbers and cost in dollar amounts of all contracts and subcontracts
relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker 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
Page 10
10-36
·
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, atthe addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or
contemplated herein, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision hereof may
be amended, modified, waived or discharged except by an instrument in writing executed
by the party against which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party
that it has legal authority and capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the 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.
[next page is signature page]
Page 11
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~ _M_.___...__.__^__._,__.___________~.__,_________·___·_._..
JAN. 20. 2005 8:26AM JCM GROUP NO.3 8 5 P. 2
·
Signature Page
to
Agreement Between
City of Chula Vista and STRATUS, a division of The JCM Group
For Consulting Services Related to the Development
of a Higher Education Recruitment Strategy
·
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
thereby indicating that they have read and understood same, and indicate their full and
complete consent to its terms:
Dated: ,200_ City of Chula Vista
· By:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
·
Ann Moore, City Attorney
Dated: STRATUS, a division ofThe JCM Group
BY;~-
Wayne . Twedell, President
· . Exhibit List to Agreement
(x) Exhibit A.
~
- Page 12
· 10-38
Exhibit A
to
Agreement between
City of Chula Vista
and
STRATUS, a division ofThe JCM Group
1. Effective Date of Agreement: January 19, 2005.
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
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: STRATUS, a division ofThe JCM Group
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(x) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
6420 Wilshire Boulevard, Suite 1800
Los Angeles, California 90048-5502
Voice Phone (323) 651-1776
Fax Phone (323) 606-4248
Page 13
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-- ---,--......_...__._-~-_. . -~--_._--_._-_.._-----~_._.._._-_._'_..
·
7. General Duties:
The Consultant shall assist the City in developing Phase II of a Higher Education
Recruitment Strategy. Consultant was previously retained to develop recommendations for
positioning goals and drive consensus among key department staff on these goals. During
Phase II, Consultant shall: (1 ) provide support to the City as conducts the
· oversight/approval; (2) help formalize initial university partners; (3) assist in forming the
university organization; (4) develop financial requirements and funding strategies for next-
phase project activity and initial physical development of the university site; (5) assist in the
development of overall financial and business plans for the university study area; and (6)
represent university partners in development of the framework land use strategy and
campus plan concept.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
· 1. Support for City Oversight/Approval
a. Consultant shall participate in up to six (6) meetings total of the
existing University Working Group and the proposed new City-
appointed University "Advisory Group." This Group will be the primary
body tasked with overseeing the development of the University Park
and Research Center concept. To that end, the group will meet
monthly to review the progress of the consultant and to provide
. advice. The Group, with support from its consultant, will report to the
full City Council on a monthly-basis to brief them on progress and
present items for discussion/decision. Consultant shall staff the
Advisory Group, preparing meeting agendas, presentations and other
supporting meeting materials, as well as minutes of the meeting.
b. Consultant shall participate in up to three (3) City Council meetings
and prepare agenda statements, presentations and supporting
meeting materials. Those meetings dates are proposed as follows:
February 15, 2005; April 26, 2005; and July 12, 2005.
c. Consultant will provide a weekly oral status reports on the project's
progress to the Project Director. Any outstanding issues
associated with the project shall be discussed by both Parties at
those times. Consultant also agrees to attend monthly-scheduled
consultant/client meetings in which issues and the project's
progress will be discussed in greater depth.
2. Formalization of Initial Institutional (University) Partners
Page 14
10-40
a. Consultant shall confirm the number of initial or charter institutional
partners by utilizing the following process:
i. Consultant will schedule and conduct meetings with potential
institutional partners. During those meetings consultant will
determine opportunities and constraints of each partner
institution; discuss appropriate consultation process needed for
each partner institution; and discuss issues that each partner
wants to raise with the other partners.
Ii. Following initial meetings, consultant shall seek to confirm
potential partners' willingness to participate in the development
of the University Prospectus (see Item 2.b below). Should
desired partners' be unwilling to participate directly at this time,
consultants shall use their knowledge of higher education and
confer with appropriate sources as needed to represent that
institution(s)' interests in the prospectus development process.
iii. Consultant shall advise the Project Director on the progress
and number of confirmed charter institutions and recommend
approaches for addressing unresolved partners.
b. Consultant shall develop a University Center Prospectus. The
consultant shall convene up to five (5) working sessions of the
participants; prepare a template for the Prospectus; and prepare
agendas and document action items from each meeting. The
Prospectus shall include pro formas and/or agreements relative to:
i. Higher education need for the region
ii. Academic programs
iii. Program articulation among the institutions
iv. Financial participation
v. Capital participation
vi. Physical concepts (i.e., academic neighborhoods or cluster
colleges or stand-alone institutions)
c. Consultant shall provide a formal progress report to City Council on
April 26, 2005, and with Council approval, will deliver a final
prospectus to Council on July 12, 2005.
3. Formation of University Organization
a. Consultant shall assist the City in establishing a new City-appointed
University "Advisory Group," see Item 1.a above, by:
Page 15
10-41
- - ____.,~_____.,__ __. ___..__ .______.____..._n._. .---..
i. Advising staff and the existing University Working Group on
composition of the new group.
ii. Meeting and interviewing potential candidates.
·
iii. Working with staff to develop the new group's charter and
areas of responsibilities.
iv. Participating at the City Council meeting when group members
are appointed, anticipated for February 15, 2005.
b. Consultant shall take the lead roll in formalizing the University
Organization's Project Vision, Mission, and Guiding Principles, and
shall consult with the institutional partners, the University Advisory
· Group, and full City Council when performing this task. More
specifically, Consultant will:
i. Draft the project vision, mission, and guiding principles.
ii. Review with University Advisory Group.
iii. Review with Charter Partners.
iv. Review with and the full City Council at the April 26, 2005
· Council meeting.
v. Finalize the project vision, mission, and guiding principles, to
be delivered to· City Council July 12, 2005.
c. Consultant shall define the University Organization's Governance
Framework and Organizational Structure, which will become the basis
for a permanent legal entity. More specifically, Consultant will:
i. Draft governance framework and organizational structure
· elements (hereinafter "framework") including items such as the
responsibilities of the central coordinating institution, delivery of
instructional services, procedures for new- academic partners
and other institutions, facilities and land-use, and officers and
board members.
ii. Review the framework with University Advisory Group.
iii. Review the framework with Charter Partners, and reconcile
with the University Center Prospectus developed in 2.b above.
·
Page 16
10-42
iv. Review the framework with City Council Members.
v. Finalize governance framework and organizational structure, to
be delivered to City Council July 12, 2005.
4. Development of Financial Requirements and Funding Strategy for Next-
Phase Project Activity and Initial Physical Development of the
University Site.
a. Consultant shall use its expertise to develop enrollment, faculty and
staff assumptions.
b. Consultant shall estimate planning, capital and operating costs for
start-up through University opening.
c. Consultant shall develop a financing strategy for additional planning,
capital, and operating costs; for example: Charter Partners, State and
Federal funds, foundations, donors, etc.
d. Consultant shall provide a formal progress report to City Council on
April 26, 2005, and with Council approval, will deliver a final Funding
Strategy to Council on July 12, 2005.
5. Assistance in the Development of Overall Financial and Business Plans
for the University Study Area.
a. Consultant shall assist the Project Director, who shall be responsible
for developing an economic development strategy for the entire
University Park and Research Center. More specifically, Consultant
will:
i. Work with the Project Director to outline the strategy.
Ii. Identify key issues that the City will need to address with
respect to potential partners.
iii. Review and provide substantive and material input to
preliminary and final drafts of the strategy.
b. Consultant shall create a comprehensive report, which identifies all
significant economic benefits to the City/Region to be incorporated in
the City's economic development strategy.
Page 17
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.__.._.~. ---,,'- .,'.. .--_.-._~---~---_._-----_."',.,---- .-..------
6. Represent the University Partners in Development of the Framework
land Use Strategy and Campus Plan Concept.
·
a. Consultant shall be available to participate in one-on-one meetings
with landowners, group charrettes, and/or working meetings with BMS
Design Group.
b. Consultant shall generate conceptual space needs for both the
initial phase of development and buildout of the University Center to
inform the development of the Campus Plan Concept and capital
costs in Item 4.b above.
·
B. Date for Commencement of Consultant Services:
(x) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Besides those dates listed in the Detailed Scope of Work above, Consultant
· shall be deliver to City such Deliverables as are identified below, within the
time frames set forth therein.
Deliverable NO.1: Support for City Oversight/Approval
Due date: July 12, 2005
Deliverable NO.2: Formalization of Initial Institutional (University) Partners
Due date: July 12, 2005
Deliverable NO.3: Formation of University Organization
, Due date: July 12, 2005
Deliverable NO.4: Development of Financial Requirements and Funding
Strategy for Next-Phase Project Activity and Initial Physical Development of
the University Site.
Due date: July 12, 2005
Deliverable NO.5: Assistance in the Development of Overall Financial and
Business Plans for the University Study Area.
Due date: July 12, 2005
Deliverable NO.6: Represent the University Partners in Development of the
Framework Land Use Strategy and Campus Plan Concept.
Page 18
10-44
Due date: July 12, 2005
D. Date for completion of all Consultant services:
July 12, 2005 (except attendance at public hearings which could occur after
this date)
9. Insurance Requirements:
(x) Statutory Worker's Compensation Insurance
(x) Employer's Liability Insurance coverage: $1,000,000.
(x) Commercial General Liability Insurance: $1,000,000.
(x) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
( ) Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
None.
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
B. ( ) Phased Fixed Fee Arrangement.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall
pay Consultant for the productive hours oftime spent by Consultant in the performance of
said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow
according to the following terms and conditions:
(1 ) (x) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials
in excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of
Consultant for Four Hundred Fifty-One Thousand Dollars ($451,000),
which includes all Materials and other "reimbursables" ("Maximum
Compensation").
RATE SCHEDULE
Hourly
Page 19
10-45
. ~...._ .__.......,._.,,__ ,...._ - 0' . _.__.._____.__...__._.._.__.__.__.....__._........".._
,
Rate
$200
$200
$150
$140
$95
$80
(x) Hourly rates may increase by 6% for services rendered after
· December 31,2005, if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
Forthe cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
( ) None, the compensation includes all costs.
Only Reports, Copies, Travel, Printing, Postage, Delivery, Long Distance Charges,
· and Other Identifiable Direct (no overhead) Costs shall be reimbursed.
The out-of-pocket expenses shall be reimbursed at a rate not to exceed the direct
cost of the expenses, plus a 10% administration fee.
In any event, the total amount of out-of-pocket expenses that will be reimbursed
shall not exceed Fifty Four Thousand Dollars ($54,000).
13. Contract Administrators:
· City: Gustavo Perez, Senior Community Development Specialist
Community Development Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Telephone: 619.691.5047 Fax: 619.476.5310
Email: gperez@ci.chula-vista.ca.us
Consultant: James Hawkes, Vice President
STRATUS, a division of The JCM Group
6420 Wilshire Blvd
· Los Angeles, CA 90048-5502
Telephone: 323.606.4079 Fax: 323.606.4248
Email: jhawkes@stratus.nu
Page 20
10-46
·
14. Liquidated Damages Rate: N/A
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.
( ) Category NO.6. Investments in business entities and sources of income
of the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies,
materials, machinery or equipment.
( ) Category No.7. Business positions.
(x) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
None.
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
Lee Kerschner
EIP Associates
Page 21
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--- ~._,_.,~--~-_.._-_._--,. ..._--._.--~-----.-.---.-.--.--'-"--'--...-"..
·
7. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(x) Monthly
( ) Quarterly
· ( ) Other:
B. Day of the Period for submission of Consultant's Billing
( ) First of the Month
( ) 5th Day of each Month
(x) End of the Month
( ) Other:
C. City's Account Number:
· 8. Security for Performance
( .) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the following
"Retention Percentage" or "Retention Amount" until the City determines that
the Retention Release Event, listed below, has occurred:
( ) Retention Percentage: None
( ) Retention Amount:
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
Page 22
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THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
.Lh- ). ~
Ann Moore
City Attorney
Dated; January 27,2005
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BMS
DESIGN GROUP, FOR THE DEVELOPMENT OF A FRAMEWORK LAND
USE STRATEGY AND PREUMlNARY CAMPUS PLAN CONCEPT
10-49
--_._~--_._-~.._._-~---_._._--_.._-----_.~_._-----~._.-.-.-----
Agreement Between
City Of Chula Vista
And
BMS DESIGN GROUP
For Consulting Services Related to the Development of a
Phase II Higher Education Recruitment Strategy
This agreement ("Agreement"), dated February 1, 2005 for the purposes of
reference only, and effective as of the date last executed unless another date is otherwise
specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A,
paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"),
and is made with reference to the following facts:
Whereas, Consultant submitted a proposal to provide professional services as
required for the development of a Phase II Higher Education Recruitment Strategy; and,
Whereas, City desires to retain Consultant to assist the City with a framework land
use strategy and campus plan concept, which is divided into two distinct tracks. They
include: identification of the first phase of development for the university in relation to
adjoining private development; define functional roles and inter-relationships of primary
focus areas (i.e. University Campus, Town Center, EUC, Regional Technology Park);
establish a comprehensive development framework to include roadways, bicycle and
pedestrian pathways, open space and parks; and define development criteria for
landowners and developers; and,
Whereas, Consultant possesses extensive expertise in advising public and private
entities regarding the development of higher education campuses; and,
Whereas, Consultant warrants and represents that they are experienced and staffed
in a manner such that they are and can prepare and deliver the services required of
Consultant to City within the time frames herein provided all in accordance with the terms
and conditions of this Agreement;
(End of Recitals. Next Page starts Obligatory Provisions.)
Chula Vista/BMS Agreement Page 1
. 10-50
_.........._..__. ... . _............_... .' __.___._ ___,_..,._.____ __.____._______,.__.__..__u,~_ m __ _ _..'.___
Obliqatorv Provisions Paqes
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 ofthis agreement. The General Duties and the work and deliverables required
in the Scope of Work and Schedule shall be herein referred to as the "Defined Services".
Failure to complete the Defined Services by the times indicated does not, except at the
option of the City, operate to terminate this Agreement.
·
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
C. Reductions in Scope of Work
· City may independently, or upon request from Consultant, from time to time reduce
the Defined Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet in good faith and confer for the purpose of
negotiating a corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Consultant, Consultant shall perform same on a time and materials basis at the
· rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
Chula Vista/BMS Agreement Page 2
10-51
fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid
monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall perform in a manner consistent with that level of care
and skill ordinarily exercised by members of the profession currently practicing under
. similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it
in connection with the Services required to be rendered, are protected against the risk of
loss by the following insurance coverages, in the following 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.
-
-
Chula Vista/BMS Agreement Page 3
10-52
-- ---_.~_.---..._._-----~--- --~--_._._-
·
H. Security for Performance.
(1 ) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Performance Bond (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
· http://www.fms.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise by
laws or regulations. All bonds signed by an agent must be accompanied by a certified copy
of such agent's authority to act. Surety companies must be duly licensed or authorized in
the jurisdiction in which the Project is located to issue bonds for the limits so required.
Form must be satisfactory to the Risk Manager or City Attorney which amount is indicated
in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
·
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant
to provide a Letter of Credit (indicated by a check mark in the parenthetical space
immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall
provide to the City an irrevocable letter of credit callable by the City at their unfettered
discretion by submitting to the bank a letter, signed by the City Manager, stating that the
Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued
by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney
which amount is indicated in the space adjacent to the term, "Letter of Credit", in said
Paragraph 19, Exhibit A.
·
(3) Other Security
In the event that ExhibitA, at Paragraph 19, indicates the need for Consuitant
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
Chula Vista/BMS Agreement Page 4
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A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress
of the Defined Services and Schedule therein contained, and to provide direction and
guidance to achieve the objectives of this agreement. The City shall permit access to its
office facilities, files and records by Consultant throughout the term of the agreement. In
addition thereto, City agrees to provide the information, data, items and materials set forth
on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of
these materials beyond 30 days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall
compensate Consultant for all services rendered by Consultant according to the terms and
conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation
relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the
requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate
Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. Timely
payment of Consultant's invoices is a material part of the Agreement. If Consultant's
invoices are not paid within sixty (60) days of submission, Consultant may, at its sole
discretion, stop work until the past due invoices have been paid, at which time Consultant
shall resume work.
All billings submitted by Consultant shall contain sufficient information as to the
propriety of the billing to permit the City to evaluate that the amount due and payable
thereunder is proper, and shall 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
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"------.---------..----" ~-------------""'_.._-~--,_..._--_..-
The provisions of this section apply if a Liquidated Damages Rate is provided in
Exhibit A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of
this Agreement. It is difficult to estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a reasonable amount to
compensate for delay.
· Failure to complete the Defined Services within the allotted time period specified in
this Agreement shall result in the following penalty: For each consecutive calendar day in
excess of the time specified for the completion of the respective work assignment or
Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum
of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate").
Time extensions for delays beyond the consultant's control, other than delays
caused by the City, shall be requested in writing to the City's Contract Administrator, or
designee, prior to the expiration of the specified time. Extensions of time, when granted,
will be based upon the effect of delays to the work and will not be granted for delays to
· minor portions of work unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer",
Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act
confiict 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, Consultan~ 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
Chula Vista/BMS Agreement Page 6
· 10-55
Fair Political Practices Commission, and has determined that Consultant does not, to the
best of Consultant's knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will not acquire, obtain, or assume an
economic interest during the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant
further warrants and represents that Consultant will immediately advise the City Attorney of
City if Consultant learns of an economic interest of Consultant's which may result in a
conflict of interest for the purpose of the Fair Political Practices Act, and regulations
promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's
immediate family members, nor Consultant's employees or agents ("Consultant
Associates") presentiy have any interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in any property within 2 radial
miles from the exterior boundaries of any property which may be the subject matter of the
Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant
or Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term
of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within ·the Term of this Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third party which may be in conflict with Consultant's responsibilities under this
Agreement, except with the written permission of City.
7.1 Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to claims asserted or costs,
losses, attorney fees, or payments for injury to any person or property caused or claimed to
Chula Vista/BMS Agreement Page 7
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--'._-..-..__...-_. ._-- - '.. .'---- ..-- .. - .__..__._.._._~--------_...._.
be caused by the acts or omissions of the Consultant, or Consultant's employees, agents,
and officers, arising out of any services performed involving this project, except liability for
Professional Services covered under Section 7.2, the Consultant agrees to defend,
indemnify, protect, and hold harmless the City, its agents, officers, or employees from and
against all liability. Also covered is liability arising from, connected with, caused by, or
claimed to be caused by the active or passive negligent acts or omissions of the City, its
agents, officers, or employees which may be in combination with the active or passive
, negligent acts or omissions of the Consultant, its employees, agents or officers, or any third
party. The Consultant's duty to indemnify, protect and hold harmless shall not include any
claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its
agents, officers or employees. This section in no way alters, affects or modifies the
Consultant's obligation and duties under Section Exhibit A to this Agreement.
7.2 Indemnification for Professional Services.
As to the Consultant's professional obligation, work or services involving this Project,
the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers
· and employees from and against any and all liability, claims, costs, and damages, including
but not limited to, attorneys fees, losses or payments for injury to any person or property,
caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or
Consultant's employees, agents or officers; provided, however, that the Consultant's duty
to indemnify, defend and hold harmless shall not include any claims or liability arising from
the negligence or willful misconduct of the City, its agents, officers and employees.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
· Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to
terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of
the City, become the property of the City, and Consultant shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents and
other materials up to the effective date of Notice of Termination, not to exceed the amounts
payable hereunder, and less any damages caused City by Consultant's breach.
·
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in
expense to City greater than would have resulted if there were no such negligence, errors,
omissions, Consultant shall reimburse City for any additional expenses incurred by the City.
Nothing herein is intended to limit City's rights under other provisions of this agreement.
·
Chula Vista/BMS Agreement Page 8
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10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at
least thirty (30) days before the effective date of such termination. In that event, all finished
and unfinished documents and other materials described hereinabove shall, at the option of
the City, become City's sole and exclusive property. If the Agreement is terminated by City
as provided in this paragraph, Consultant shall be entitled to receive just and equitable
compensation for any satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby expressly waives any and all
claims for damages or compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign
any interest in this Agreement, and shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City. City hereby consents to the
assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to
the subconsultants identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the
sole and exclusive property of City. No such materials or properties produced in whole or
in part under this Agreement shall be subject to private use, copyrights or patent rights by
Consultant in the United States or in any other country without the express written consent
of City. City 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. Without obtaining City's express
written consent, Consultant may use the Project name, Project description, and any non-
technical and non-professional public documents it produces to facilitate Consultant's future
marketing efforts.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the
services required under this Agreement. City maintains the right only to reject or accept
Consultant's work products. Consultant and any of the Consultant's agents, employees or
representatives are, for all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them shall be entitled to any
benefits to which City employees are entitled including but not limited to, overtime,
retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
,
Chula Vista/BMS Agreement Page 9
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. .~ ..-"'"....-.--.-.---- -----.- -..-.--.,.-
Therefore, City will not withhold state or federal income tax, social security tax or any other
payroll tax, and Consultant shall be solely responsible for the payment of same and shall
hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
·
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has first been presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as iffully set forth herein, and such policies and procedures
used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
·
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The "prevailing party" shall be
deemed to be the party who is awarded substantially the relief sought.
16. Statement of Costs
· In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Defined Services, Consultant shall, if
requested by City, include, or cause the inclusion of, in said report or document, a
statement of the numbers and cost in dollar amounts of all contracts and subcontracts
relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
· Unless specifically authorized in writing by City, Consultant shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker 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
·
Chula Vista/BMS Agreement Page 10
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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 reprèsents to the other party
that it has legal authority and capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been taken so as to enable it to
enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of
the State of California. Any action arising under or relating to this Agreement shall be
brought only in the federal or state courts located in San Diego County, State of California,
and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this
Agreement, and performance hereunder, shall be the City of Chula Vista.
(next page is signature page)
.
Chula Vista/BMS Agreement Page 11
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-- _ ~.._._______., m_.'_'~.._,__._.__""__.'_"__
Signature Page
to
Agreement Between
City of Chula Vista and BMS DESIGN GROUP
For Consulting Services Related to the Development
of a Phase II Higher Education Recruitment Strategy
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:
CITY OF CHULA VISTA
· Dated: ,2005
By:
Stephen Padilla, Mayor
Attest
Susan Bigelow, City Clerk
Approved as to form:
·
Ann Moore, City Attomey
BMS DESIGN GROUP
Dated: I I ;2..(,. ,2005
.
·
Exhibit List to Agreement
(x) Exhibit A.
Page 12
·
10-61
Exhibit A
to
Agreement between
City of Chula Vista
and
BMS Design Group
For Consulting Services Related to the Development of
a Phase II Higher Education Recruitment Strategy
1. Effective Date of Agreement: January 25, 2005.
2. City-Related Entity:
(x) City of Chula Vista, a municipal chartered corporation of the State of
California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of
the State of California
( ) Industrial Development Authority of the City of Chula Vista, a
( ) Other: , a [insert
business form]
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: BMS Design Group
5. Business Form of Consultant:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
414 Jackson Street, Suite 404
San Francisco, California 94111
Voice Phone (415) 249-0130
Fax Phone (415) 249-1032
Chula Vista/BMS Agreement Page 13
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- ---- ---------_._._----_._---_..__.~-----------
,
7. General Duties:
City desires to retain Consultant to assist the City with a framework land use strategy
and campus plan concept, which is divided into two distinct tracks. They include:
identification of the first phase of development for the university in relation to adjoining
private development; define functional roles and inter-relationships of primary focus areas
(i.e. University Campus, Town Center, EUC, Regional Technology Park); establish a
comprehensive development framework to include roadways, bicycle and pedestrian
pathways, open space and parks; and define development criteria for landowners and
· developers
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
TASK #1. FRAMEWORK STRATEGY WORK TASKS
1. PROJECT INITIATION
· a. Consultation with City Staff
At the outset of the planning program, Consultant will conduct a
conference call with City staff to confirm the work program, schedule,
responsibilities, and on procedures for the coordination of the
Framework Strategy and interface with planning tasks for the
university campus and sub-area plans.
b. Property Owner Survey
A survey will be prepared and distributed to all property owners in the
· University Park and Research Center planning area to identify their
respective objectives for development and planning studies and other
research that have been completed. Responses will serve as the
foundation for a project orientation meeting.
c. "Kick-Off" Meeting
A meeting will be conducted by Consultant with City and property
owners and developers to confirm planning objectives, process,
responsibilities, schedule, and key milestones and review information
· from property owners and developers regarding development
objectives, completed site studies and plans, and other relevant
documents.
d. Framework Strategy Administration and Implementation
Chula VistalBMS Agreement Page 14
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·
City and Consultant staff will meet to discuss and evaluate the
comparative merits of optional approaches for the administration and
implementation of the Framework Strategy. These may range from
application as an informal guide to formal adoption as a policy
document of the City - which would require CEQA review and
processing. Each approach will be evaluated for its utility to provide
effective direction for property owners for the content of their SPA
plans, legal basis for SPA plan review and entitlement, extent of public
involvement, and schedule and cost implications. Analyses will be
documented for review with the property owners.
e. Property Owner and School District Meetings
A meeting will be conducted with each property owner to review the
objectives, schedule, procedures, responsibilities, and administration
and implementation options for the Framework Strategy process.
Consultant will focus on soliciting comments regarding the content
and work scope for the formulation of the Framework Strategy to
assure that the final document has maximum utility for the formulation
of subarea SPA plans.
Additionally, Consultant will meet with representatives of the School
District to confirm their objectives and criteria for the development of a
school within the UPRC planning area and processes for its
involvement in the Framework process.
f. Framework Strategy and Implementation Objectives
Based on the input received from the meetings conducted in Task 1.5,
a memorandum will be prepared that documents the property owners'
and staff's defined development objectives and expected outcomes of
the Framework Strategy process. This will include an outline of the
content of the Framework Strategy, proposed administration and
implementation approach, work tasks to be conducted,
responsibilities, and schedule.
2. INITIAL PLANNING AND DESIGN CONCEPTS
a. Compile and Document Baseline Data
Pertinent baseline data affecting development of the UPRC planning
area will be compiled from available resources, then analyzed and
documented. A base map will be prepared for the recording of
baseline data, plan alternatives, and recommendations. Information
will include, but not be limited to, the following:
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_..-~.__.."._----------- ---_._-_.._...._"..~---,----,-------_..
i. Site and Reqional Context
Property ownership; Subdivision; Topography; Existing and
planned transportation; infrastructure/util ities; and public
services (schools, parks, etc.); Existing uses; Environmental
resources and conservation; Hazards, including
geologic/seismic, flooding, and fire.
, ii. Planninq Context: Multi-Institutional University Proqram
Growth forecasts for the campus and ancillary facilities will be
projected to enable property owners to understand the
anticipated size and timing of its direct and induced population
(students, faculty, staff, and service population).
iii. Policv and Requlatorv
· Existing zoning for properties in and abutting the UPRC
planning area
· Existing development standards pertaining to potential
,
planning area uses (permitted uses, density/intensity,
building height, lot coverage, parking, landscape, signage,
lighting, street standards, park standards, and other)
· Development fees and impact mitigation
· Development review and entitlement processes
· Applicable General Plan policies
b. Initial land Use Concepts
, Develop initial plan concepts based on analysis of existing conditions
and review of plans already prepared or in progress by city and/or
land owners. Initial concepts will include consideration of the elements
that provide connection and cohesion among the individual properties
including:
i. Vision and guiding principles for development of the planning
area and each sub-area (intended functional role, land uses,
community character, urban form, relationships to campus and
adjoining uses, inter-relationships among districts,
transportation/mobility, and so on)
,
ii. Land use types and distribution, including inter-relationships
among subareas and individual ownerships, compatibility of
uses, and flexibility to respond to long-term evolution of the
marketplace and development of the campus
iii. Urban form and development density and intensity
Chula Vista/BMS Agreement Page 16
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iv. Topographic form and grading, including grade changes within
and among planning subareas and individual properties
· Circulation network (automobile, transit, pedestrian, bicycle,
and other), as well as implications of Highway 125 location
and interchanges
· Open space elements and network
· Public facilities and services, including schools, backbone
infrastructure systems and facilities (e.g., electrical sub-
stations), and related elements
· Connectivity among individual properties and across
primary transportation corridors, including Highway 125
c. Property Owner Meetings-Input for Initial Concepts
During the preparation of the initial concepts, a meeting will be
conducted with each property owner to confirm development
objectives and receive input and feedback regarding key Framework
elements. Consultant will provide and solicit images from the property
owners regarding the type and quality of anticipated development to
assure common understanding of the principles to be used in
formulating the concepts.
d. Planning and Design Charrette
Consultant will conduct a first planning and design charrette (a series
of short, intense design sessions, interspersed with presentations and
discussion; and/or a marathon work session that compresses decision
making into a few hours or days) with the property owners and
developers to review initial concepts. The charrette will focus on using
the initial concepts as a beginning point for a discussion regarding the
issues and goals identified previously and the principles and physical
concepts that will help achieve them. The concepts prepared will be
reviewed and additional concepts will be identified by the group as a
whole. Based on the input received, the work program will be
reviewed for its continued applicability and the need, process, and
responsibilities for additional technical studies or tasks identified.
I. Review Charette Concepts with City Staff
A meeting will be conducted with City staff to review planning
and design concepts that were formulated. Consensus items
and areas of debate will be discussed. Additionally, any work
scope and budget modifications will be confirmed
3. REVISE PLANNING AND DESIGN CONCEPTS
.
.
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- --_._._-_._._~~_.._._._- -- - - - ---.-~~------_..._._---------- -- -----
a. Revised Planning and Design Concepts
This task will build upon the first charrette, refining a set of concept
alternatives for the study area. Again, alternative solutions to key
framework elements will be considered , including: Land use;
, Circulation; Open space; Urban form; Topography/grading; and
Linkages and relationships between subareas, e.g., between the
University and adjoining uses
i. In consideration of these plan concepts, Consultant will
elaborate upon the intentions for community character and
urban form and design that differentiate the planning area for
other areas of the City and Otay Ranch and identity changes to
existing development standards that may be warranted to meet
these objectives. Among the elements that may be addressed
· are:
· Street standards (width, lanes, improvements, medians,
sidewalks, landscape, etc.)
· Park classifications and standards
· Building mass and lot coverage
· Densitylintensity
· Height
· Architectural character
· Parking
· · Unique standards to distinctly achieve an environmentally
sustainable community (e.g., building design and
construction, site landscape, land use planning, utility
infrastructure, and other)
ii. Consultant will prepare maps that depict "fixed" elements that
are essential in linking individual properties and achieving
cohesion of the UPRC, such as streets, greenways, backbone
infrastructure, and scale/massing relationships. Other
elements, such as land uses, will be defined through "bubble
· diagrams" that would allow flexibility for subsequent detailed
SPA plans and response to evolving market conditions and
demands. Performance standards and policies will be defined
regarding the relationship and urban form of selected uses
ultimately to be accommodated within the "bubbles." Diagrams
and photographs of comparable representative projects will be
used to illustrate the application of these standards and
policies and how these lands might be developed.
b. Property Owner Meetings-Input for Revised Planning and Design
·
Chula Vista/BMS Agreement Page 18
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Concepts
During the preparation of the revised concepts, a meeting will be
conducted with each property owner to review and receive input and
feedback for sketch plan and design elements.
c. Second Planning and Design Charrette
Consultant shall conduct a second design and planning charrette with
property owners. It will include a review and evaluation of the refined
plan and design concepts, focusing on implications for individual
properties as well as the success of the plans in creating an
integrated, synergistic combination and program of uses, linked with a
community-building framework of circulation and open space.
Densities and configurations of potential uses and urban form, as well
as appropriate development standards that carry out these objectives
will be a key consideration at this juncture. At this time overarching
development guiding principles, a consensus preferred concept plan
(including component elements), and design principles that will be the
basis for formalized development standards will be identified.
This charrette will also review the form and scope of the contents of
the Framework Strategy document, and revise it as necessary to
reflect on the work that has been completed and ensure its utility as
the guide for the subsequent preparation of SPA plans. Additionally,
the work program will be reviewed for its continued applicability and
the need, process, and responsibilities for additional technical studies
or tasks identified.
d. Review Concepts with University Partners
At least once in the planning process, Consultant will meet with the
university partners to review the planning and design concepts
developed in the charettes for their consistency with objectives for the
development of the university site. Input will be requested regarding
approaches to integrate the campus and surrounding land uses and
how they can be mutually beneficial, including the possible sharing of
uses.
e. De-Brief with City Staff
The revised concepts will be reviewed with City staff. At this stage,
Consultant will focus on the confirmation of the guiding principles that
will serve as the basis forthe university and all subarea SPA plans, as
well as any input the substantively conflicts with the City's planning
and development objectives and policies.
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4. FINAL LAND USE AND DESIGN FRAMEWORK
a. Refine Framework Strategy
,
Consultant shall continue to refine the preferred strategies and
preliminary development standards - further testing and illustrating
strategy components. This will include all framework elements in plan
form, as well as detailed guidelines and standards for components
and subareas, including but not limited to:
i. Plans
· Land use (organizational concepts, with flexibility to
, accommodate economic markets and development
demands as they evolve over time)
· Urban form
· Topography and grading
· Transportation/mobility (automobile, truck, transit, bicycle,
and pedestrian)
· Backbone infrastructure and utilities (incorporating input
from City staff and/or consultants)
· Open space and greenways (interconnecting)
· Other as defined during the planning and design process
ii. Standards
· Permitted uses
· Density/intensity
· Lot coverage and property setbacks
· Height
· Parking
· Driveway and vehicle access
· Signage
· Lighting
· Architectural character
· Street standards
· Park standards
· Other
iii. Framework Administration and Implementation (incorporating
input received from City staff) including: SPA Plans
Requirements and SPA Plans Process and Entitlements
b. Property Owner Meetings-Input for Final Land Use and Design
Chula Vista/BMS Agreement Page 20
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Framework
Consultant shall conduct meetings with each property owner to review
plan and design elements of the framework and development
standards to assure that they reflect, are understood, consistent with,
and meet property owner objectives.
c. City Council Study Session
An initial City Council Study Session will be conducted by the
Consultant to confirm underlying planning and design principles and
strategies, and provide input regarding any conflicting directions
received during the planning process.
d. De-Brief with City Staff
A meeting will be conducted by Consultant with City staff to review
City Council input and implications for the Framework Strategy.
e. Third Planning and Design Charette
Consultant shall review draft framework Strategy with property
owners. In this third charette, the Strategy will be reviewed and
desired revisions will be discussed.
f. De-Brief with City Staff
A meeting will be conducted by Consultant with City staff to review
input form the property owners at the third charrette. Consultant will
seek concurrence with the fundamental planning and design elements
and direction to resolve any conflicts.
5. FRAMEWORK STRATEGY DOCUMENT
a. Prepare Administrative Draft Framework Strategy
Planning and design elements, development guidelines and
standards, implementation actions, and other relevant components
developed in the preceding work tasks will be synthesized by
Consultant into a cohesive document intended to serve as the
framework for concurrent or subsequent SPA plans. An administrative
draft will be prepared and submitted for City staff and property owner
review.
b. Property Owner Review of Administrative Draft Framework
Strategy
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. .""-_.----_._-. .-"_.._--,..._-~.- .--_._--",--
The administrative draft Framework Strategy will be submitted by
Consultant for property owner review and comment.
c. Meeting with City Staff
A meeting will be conducted by Consultant to review property owner
and City staff comments on the administrative draft Framework
Strategy.
d. Draft Final Framework Strategy
Consultant will revise the Framework Strategy to reflect City staff input
and published for review with the City Council.
e. City Council Study Session
A "study session" will be conducted by Consultant with the City
Council to review and accept the principal elements of the draft
Framework Strategy.
TASK #2. INITIAL CAMPUS PLAN CONCEPTS WORK TASKS
1. PROJECT STARTUP, SITE ANALYSIS AND INITIAL CAMPUS
CONCEPTS
The Initial Campus Plan Concepts work scope represents the initial activities
associated with preparing a comprehensive long range development plan for
a university campus. This work will identify site constraints, relationship to
adjoining properties and open space, and the overall framework of circulation
and land uses that will comprise the campus. The concepts will be
developed to assure coordination and integration between the campus and
the surrounding community. Flexibility will be a primary consideration to
allow the plans to accommodate the variety of institutions that may ultimately
be located at the site. The concèpt planning will build upon work already
prepared over the last year in assessing the site's suitability for a university
campus.
a. Phase 1 Project Start-up
i. Finalize Scope of Work
In consultation with city staff and in coordination with parallel
planning efforts, the scope of work and budget will be finalized
by Consultant.
-
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ii. Develop Detailed Milestone Schedule
Consultant will prepare a detailed schedule to coordinate the
Master Plan with other planning efforts, especially the
Framework Plan.
iii. Team Briefinos and Site Visit
A series of briefing sessions will be conducted by Consultant to
assist in the full transfer of key information. Detailed
information on development plans, infrastructure phasing, site
constraints, city standards, and other pertinent information will
need to be provided by city staff and others.
iv. Data Collection and Oroanization
Consultant shall collect all available information and will
produce base maps and other tools necessary for the conduct
of the work. A library of information will be identified, with
information made available to the team either electronically or
in hard copy as needed.
v. Prepare Preliminary Document Outlines and Specs
Consultant shall also work with staff to identify the final
products required for the work. The general content and
formats of this work will be identified early, so that all work
produced in the course of the effort can be formatted and
configured to fit within the anticipated formats, software and
ultimate configurations of the final products.
b. Phase 2 Campus Development Concepts
A key stage in the work will involve the exploration of concepts to
guide the form of the future campus. Since the campus will
accommodate a variety of undergraduate, graduate, research and
training facilities and programs, sponsored by several institutions, the
configuration of the campus will need to meet a more complex set of
performance criteria than would be found typically. Various physical
layouts will be explored for the campus to allow it to accommodate a
more or less integrated approach for the educational partners.
i. Research and Data Gatherino
The consultants will work with the city to gather all available
data. Information developed in the initial planning phases to
date will be utilized and additional information gathered as
needed. Of particular interest will be program and facility
information for similar multi-partner institutions.
ii. Stakeholder/Partner Institution Prooram Interviews and Site
:
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Tours
Consultant shall meet with the initial partner institutions to
discuss current campus program and future program needs.
Site tours of partner's campuses will be conducted to allow the
team to appreciate campus cultures and characteristics.
iii. Preliminarv Campus Development Proqram
Consultant shall develop a preliminary campus development
program. This will be refined over time, and as discussions
with partners evolve, but the preliminary program will serve to
establish the range of facility program and land areas needed
for various uses.
iv. Site Visits to Relevant Campuses
Consultant, city staff, and others (possibly partners, property
owners, etc.) will visit relevant institutions to further understand
program, facility and land use issues unique to multi-partner
institutions. Of interest also will be to identify and visit models
of campus/community development that may have applicability.
v. Concept Development
Consultant will analyze and report on the concepts for
development of the campus. These concepts will address the
form, organization and character of the future campus, and its
relation to the adjoining community and open space.
Consultant expects that the Campus Development Concept will
derive from factors such as the following:
· An attitude toward environmental sustainability which
recogniZes the limited nature of our resources and
proposes to development the land and buildings in such a
way as to minimize the use of non-sustainable resources,
and that considers, in particular minimizing long term
energy use
· The unique history, culture and characteristics of the built,
natural and social environment of Chula Vista and the south
county area
· The particular climatic conditions of the site, and building
responses that minimize energy consumption and create an
comfortable environment
· The dynamic and evolving nature of teaching and research
institutions, including the need to provide flexibility for
technology, while maintaining the characteristics of places
,
Chula Vista/BMS Agreement Page 24
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of learning that foster interaction among students, faculty,
and the public
. The particular missions of the partners relative to their
target student populations.
vi. Team Charette
The Consultant, working closely with city staff, will conduct
several internal brainstorming charettes during this phase.
These charettes will be planned to result in the first concepts
for campus development. The charettes will include all key
team members, who will come prepared to discuss their
particular areas of expertise, and to relate their research and
investigations into development prototypes, patterns of
development, guiding environmental principles, and similar
issues.
vii. Concept Refinement
Following review with staff, Working Committee and partners,
Consultant shall revise and refine the campus development
concepts. Materials will be prepared suitable for public
meetings and council study sessions.
B. Date for Commencement of Consultant Services:
(x) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable NO.1: TASK #1. Framework Strategy Work Tasks
Due date: June 30, 2005
Deliverable No.2: TASK #2. Initial Campus Plan Concepts Work Tasks
Due date: June 30, 2005
D. Date for completion of all Consultant services:
June 30, 2005 (except attendance at public hearings which could occur after
this date)
9. Insurance Requirements:
(x) Statutory Worker's Compensation Insurance
(x) Employer's Liability Insurance coverage: $1,000,000.
.
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(x) Commercial General Liability Insurance: $1,000,000.
(x) Errors and Omissions insurance: None Required (included in Commercial
General Liability toverage).
( ) Errors and Omissions Insurance: $250,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
Not applicable
11. Compensation:
A. ( ) Single Fixed Fee Arrangement.
B. ( ) Phased Fixed Fee Arrangement.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall
pay Consultant for the productive hours of time spent by Consultant in the performance of
said Services, at the rates or amounts set forth in the Rate Schedule 'herein below
according to the following terms and conditions:
(1 ) (x) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials
in excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services herein required of
Consultant for Three Hundred Ninty Two Thousand Eight Hundred
Twenty Nine Dollars ($392,829), which includes all Materials and other
"reimbursables" ("Maximum Compensation").
RATE SCHEDULE
Hourly
Cate 0 of Consultant's Rate
Senior Consultant $175
Senior Consultant $175
Senior Consultant $175
Consultant $150
Consultant $150
Plannin Su $110
Plannin Su $110
Plannin Su $110
BMS Staff $80
BMS Staff $80
:
Chula Vista/BMS Agreement Page 26
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(x) Hourly rates may increase by 6% for services rendered after
December 31,2005, if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein r.equired, City shall pay Consultant atthe rates or amounts set forth below:
( ) None, the compensation includes all costs.
Only Reports, Copies, Travel, Printing, Postage. Delivery, Long Distance Charges,
and Other Identifiable Direct (no overhead) Costs shall be reimbursed.
The out-of-pocket expenses shall be reimbursed at a rate not to exceed the direct
cost of the expenses, plus a 10% administration fee.
In any event, the total amount of out-of-pocket expenses that will be reimbursed
shall not exceed Thirty Two Thousand Four-hundred Eighty Seven Dollars
($32,487).
13. Contract Administrators:
City: Jeff Barfield, Project Director
Planning & Building Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Voice Phone 619.691.5047
Fax: Phone 619.476.5310
Email: gperez@ci.chula-vista.ca.us
Consultant: Barbara Maloney, Partner
BMS Design Group
414 Jackson Street, Suite 404
San Francisco, California 94111
Voice Phone (415) 249-0130
Fax Phone (415) 249-1032
Email: Maloney@BMSdesigngroup.com
14. Liquidated Damages Rate: N/A
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of
Interest Code:
(X) Not Applicable. Not an FPPC Filer.
-
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( ) FPPC Filer
(X) List "Consultant Associates" interests in real property within 2 radial miles of
Project Property, if any:
None.
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants: EIP
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(x) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing
( ) First of the Month
( ) 5th Day of each Month
(x) End of the Month
( ) Other:
C. City's Account Number: N/A
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to
the contrary requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their option, either the following
"Retention Percentage" or "Retention Amount" until the City determines that
the Retention Release Event, listed below, has occurred:
( ) Retention Percentage: None
( ) Retention Amount:
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Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
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