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HomeMy WebLinkAboutAgenda Packet 2005/03/08 . CITY COUNCIL AGENDA March 8, 2005 6:00 p.m. Council Chambers Public Services Building 276 Fourth Avenue, Chula Vista ~~~ L~ ,~ --..;::: ~ ~ ""-- """'-- """" ~ ~ """" """" """" CllY OF CHUIA VISfA City Council Patty Davis John McCann Jerry R. Rindone Steve Castaneda Stephen C. Padilla, Mayor City Manager David D. Rowlands, Jr. City Attorney Ann Moore City Clerk Susan Bigelow ********** The City Council meets regularly on the first calendar Tuesday at 4:00 p.m. and on the second, third and fourth calendar Tuesdays at 6:00 p.m. Regular meetings may be viewed at 7:00 p.m. on Wednesdays on Cox Cable Channel 24 or Chula Vista Cable Channel 68. Agendas are available on the City's website at: www.chulavistaca.gov ********** AGENDA /{eJIHD 3/7/ob- (~eé/4z- ðtfDe£J Or 7/7£ 1>/97) 6:00 P.M. March 8, 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 POLICE CHIEF EMERSON OF RECENTLY PROMOTED AGENTS, JIM FILLIUS, ERlK NA V A, JOE PICONE, RUSTY REA, AND PETE STEVENS CONSENT CALENDAR (Items I through 8) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. APPROVAL OF MINUTES of February 22,2005. Staff recommendation: Council approve the minutes. 2. . ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE CHAPTER 9.20, RELATING TO PROPERTY DEFACEMENT, INCLUDING GRAFFITI REMOVAL REQUIREMENTS, PENAL TIES AND RIGHTS OF THE CITY TO ENTER AND REMOVE GRAFFITI (SECOND READING) Adoption of the ordinance creates a year-round graffiti abatement program that addresses graffiti on public and private property by reducing the amount oftime allowed for graffiti removal. The program allows City crews to get permission from residents and businesses to remove graffiti from their property at no cost. This ordinance was introduced March I, 2005. (Director of Public Works Operations) Staff recommendation: Council adopt the ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LffiRARY DEPARTMENT BUDGET BY $3,000 BASED ON UNANTICIPATED ONE-TIME GRANT AUGMENTATION FOR EXPENDITURES ASSOCIATED WITH THE LITERACY PROGRAM (4/5THS VOTE REQUIRED) Page I - Council Agenda March 8, 2005 ·The California Department of Education recently notified the Chula Vista Literacy Team of a one-time augmentation in the amount of $3,000 in Workforce Investment Act (WIA) 231 Grant funds for the fiscal year 2005. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING A LffiRARIAN I/II AND A (.5) LffiRARY TECHNICIAN TO THE LffiRARY DEPARTMENT BUDGET AND APPROPRIATING FUNDS THERFOR BASED UPON UNANTICIPATED REIMBURSABLE REVENUES (4/5THS VOTE REQUIRED) The General Services and Library Departments are proceeding with plans to build the Rancho del Rey Branch Library as proposed in the Library Master Plan. Public Facilities Development Impact fees have been collected for this project and will allow the City to construct a 30,000 square-foot branch library. It is anticipated that design work will begin this spring, construction in spring 2006, and the branch will open in spring 2007. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF $50,000 FROM THE STEPHEN & MARY BIRCH FOUNDATION TO THE FIRE DEPARTMENT, APPROPRIATING SAID DONATED FUNDS, AND APPROPRIATING $5,037 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR THE PURCHASE OF A FIRE SAFETY HOUSE (4/5THS VOTE REQUIRED) The Fire Department received a donation in the amount of $50,000 from the Stephen & Mary Birch Foundation. The donation will be used to purchase a fire safety house. (Fire Chief) Staff recommendation: Council adopt the resolution. 6 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET TO RECLASSIFY THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG) NETWORK ADMINISTRATOR TO CBAG NETWORK MANAGER, RECLASSIFY THE POSITION OF CBAG NETWORK ASSISTANT TO CBAG NETWORK ADMINISTRATOR I, CREATE A NEW POSITION OF CBAG NETWORK ADMINISTRATOR II, CREATE A NEW POSITION OF CBAG GRAPHICS DESIGNERlWEB MASTER, ADD ONE CBAG ANALYST; AND APPROPRIATE $120,492 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) Page 2 - Council Agenda March 8, 2005 B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (FIRST READING) The California Border Alliance Group (CBAG) has requested several classification updates and additions. The full cost for those reclassifications and additions will be paid for by CBAG. Adoption of the resolution also approves the Police Department's request for the addition of the positions of CBAG Network Administrator I, CBAG Network Administrator II, CBAG Network Manager, CBAG Graphics Designer/Webmaster and the deletion of the positions of CBAG Network Administrator and CBAG Network Assistant. Additionally, Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be adopted by Ordinance. (Chief of Police) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF ASSIGNABLE ACCESS EASEMENTS AND IRREVOCABLE OFFERS OF DEDICATION ASSOCIATED WITH LOTS "P", "Q", "R", "C" AND "D" OF SUBDIVISION MAP 14853 AND LOTS "0" AND "A" OF SUBDIVISION MAP NO. 14261; AUTHORIZING THE CITY CLERK TO RECORD SAID SUMMARY VACATION FOR EACH LOT INDIVIDUALLY PRIOR TO THE U.S. FISH AND WILDLIFE SERVICE ACCEPTANCE OF EACH LOT The Council previously approved the "A" maps for San Miguel Ranch. The subdivision maps created certain open space lots to preserve habitat and the developer irrevocably offered to dedicate these lots to the City. Adoption of the resolution authorizes the City Clerk to record instruments to terminate the City's interest in the preserve lots in accordance with the California Government Code and the California Streets and Highways Codes so that the developer (NNP Trimark) can transfer them to the U.S. Fish and Wildlife Service. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "A" MAP OF CHULA VISTA TRACT NO. 05-07, MCMILLIN OTAY RANCH VILLAGE SEVEN; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISIONS; ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS SHOWN THEREON; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT; REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2004-331 Page 3 - Council Agenda March 8, 2005 Council previously approved a tentative subdivision map for Otay Ranch Village Seven, Chula Vista Tract No. 05-07. Adoption of the resolution approves the McMillin Otay Ranch Village Seven "A" Map, its associated subdivision improvement agreement, supplemental subdivision improvement agreement, and an addendum to the Otay Ranch Village Seven sectional planning area plan to allow the issuance of building permits in Village Seven prior to the opening of SR-125. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. CONSIDERATION OF ADOPTION OF AN ORDINANCE AND AN URGENCY ORDINANCE MODIFYING THE EXISTING TRANSPORTATION DEVELOPMENT IMPACT FEE AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE The City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988. Since its inception, the program has been updated several times to reflect new land use approvals and updated project cost estimates. The last TDIF update was approved on August 13, 2002. Adoption of the ordinances approves the 2005 TDIF update, including an increase from the current fee of $8,825 to $10,400 per Equivalent Dwelling Unit (EDU). The proposed Urgency Ordinance enables the City to collect the fee immediately after the adoption of proposed General Plan. (Director of General Services, City Engineer) Staff recommendation: Council continue the public hearing to a future date. 10. CONSIDERATION OF AN AMENDMENT TO THE EASTLAKE BUSINESS CENTER II SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED COMMUNITY DISTRICT REGULATIONS, DESIGN GUIDELINES AND ASSOCIATED REGULATORY DOCUMENTS (PCM-04-16; THE EASTAKE COMPANY LLC) The EastLake Company, LLC submitted an application to 1) amend the land use district map in order to add a design district overlay over a 36-acre portion ofland with a BC-l land use designation, and define allowable land uses within the overlay area; and 2) amend the design guidelines to add sign criteria specific for businesses located within the design district overlay. (Director of Planning and Building) Staff recommendation: Council continue !he public hearing to March 22,2005. Page 4 - Council Agenda March 8, 2005 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. 11. 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 (Continued from the Meeting of March 1,2005) In February 2004, the City Council/Staff University Working Group selected a team of consultants, led by STRATUS, and including BMS as a sub-contractor, to develop a higher education recruitment strategy. Subsequently, the working group requested that staff and the consultants present a Phase II planning approach. Adoption of the resolutions appoints a Blue Ribbon Committee to advise the City Council on the University Park and Research Center planning and waives the formal consultant selection process and grants agreements with STRATUS to accomplish specific tracks of the planning approach, and with BMS to develop a framework land use strategy and preliminary campus plan concept for the University Park. (Director of Community Development, Director of Planning and Building) Staff recommendation: Council adopt the following resolutions: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING A BLUE RffiBON COMMITTEE OF DISTINGUISHED INDIVIDUALS TO ADVISE THE CITY ON MATTERS RELATED TO THE PLANNING OF THE UNIVERSITY PARK AND RESEARCH CENTER B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND GRANTING AN AGREEMENT 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 APPROPRIATING $451,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE PERFORMANCE OF THESE TASKS (4/5THS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND GRANTING AN AGREEMENT WITH BMS DESIGN GROUP FOR THE PREPARATION OF A FRAMEWORK LAND USE STRATEGY AND THE PREPARATION OF A PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK, AND APPROPRIATING $256,245 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE PERFORMANCE OF THESE TASKS (4/5THS VOTE REQUIRED) Page 5 - Council Agenda March 8, 2005 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 12. CITY MANAGER'S REPORTS 13. MAYOR'S REPORTS 14. 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). 15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Assistant City Managers 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Wert v. City ofChula Vista [USDC Case No. 03 CV1l56J (BLM)] B. Sidock v. City ofChula Vista (SDSC Case No. GIS 15970) ADJOURNMENT to the Regular Meeting of March 22, 2005, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting with the Planning Commission on March 22, 2005 at 7:00 p.m. Page 6 - Council Agenda March 8, 2005 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 Brown Act requirements. Dated 3~Y -Œi Signed ~~kif March 8, 2005 CALL TO ORDER ROLL CALL: Councilmembers Castaneda, Davis, McCann, Rindone, and Mayor Padilla PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE CONSENT CALENDAR (Items 1 through 8) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. APPROVAL OF MINUTES of February 22,2005. Staff recommendation: Council approve the minutes. 2. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF 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 (SECOND READING) Adoption of the ordinance creates a year-round graffiti abatement program that addresses graffiti on public and private property by reducing the amount of time allowed for graffiti removal. The program allows City crews to get permission from residents and businesses to remove graffiti from their property at no cost. This ordinance was introduced March I, 2005. (Director of Public Works Operations) Staffrecommendation: Council adopt the ordinance. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 LIBRARY DEPARTMENT BUDGET BY $3,000 BASED ON UNANTICIPATED ONE-TIME GRANT AUGMENTATION FOR EXPENDITURES ASSOCIATED WITH THE LITERACY PROGRAM (4/5THS VOTE REQUIRED) The California Department of Education recently notified the Chula Vista Literacy Team of a one-time augmentation in the amount of $3,000 in Workforce Investment Act (WIA) 231 Grant funds for the fiscal year 2005. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. Page I - Council Agenda March 8, 2005 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING A LffiRARIAN I/II AND A (.5) LffiRARY TECHNICIAN TO THE LffiRARY DEPARTMENT BUDGET AND APPROPRIATING FUNDS THERFOR BASED UPON UNANTICIPATED REIMBURSABLE REVENUES (4/5THS VOTE REQUIRED) The General Services and Library Departments are proceeding with plans to build the Rancho del Rey Branch Library as proposed in the Library Master Plan. Public Facilities Development Impact fees have been collected for this project and will allow the City to construct a 30,000 square-foot branch library. It is anticipated that design work will begin this spring, construction in spring 2006, and the branch will open in spring 2007. (Assistant City Manager Palmer) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF $50,000 FROM THE STEPHEN & MARY BIRCH FOUNDATION TO THE FIRE DEPARTMENT, APPROPRIATING SAID DONATED FUNDS, AND APPROPRIATING $5,037 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR THE PURCHASE OF A FIRE SAFETY HOUSE (4/5THS VOTE REQUIRED) The Fire Department received a donation in the amount of $50,000 from the Stephen & Mary Birch Foundation. The donation will be used to purchase a fire safety house. (Fire Chief) Staff recommendation: Council adopt the resolution. 6 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET TO RECLASSIFY THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG) NETWORK ADMINISTRATOR TO CBAG NETWORK MANAGER, RECLASSIFY THE POSITION OF CBAG NETWORK ASSISTANT TO CBAG NETWORK ADMINISTRATOR I, CREATE A NEW POSITION OF CBAG NETWORK ADMINISTRATOR II, CREATE A NEW POSITION OF CBAG GRAPHICS DESIGNER/WEB MASTER, ADD ONE CBAG ANALYST; AND APPROPRIATE $120,492 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED) B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS (FIRST READING) , Page 2 - Council Agenda March 8, 2005 The California Border Alliance Group (CBAG) has requested several classification updates and additions. The full cost for those reclassifications and additions will be paid for by CBAG. Adoption of the resolution also approves the Police Department's request for the addition of the positions of CBAG Network Administrator I, CBAG Network Administrator II, CBAG Network Manager, CBAG Graphics Designer/Webmaster and the deletion of the positions of CBAG Network Administrator and CBAG Network Assistant. Additionally, Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be adopted by Ordinance. (Chief of Police) Staff recommendation: Council adopt the resolution and place the ordinance on first reading. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF ASSIGNABLE ACCESS EASEMENTS AND IRREVOCABLE OFFERS OF DEDICATION ASSOCIATED WITH LOTS "P", "Q", "R", "C" AND "D" OF SUBDIVISION MAP 14853 AND LOTS "0" AND "A" OF SUBDIVISION MAP NO. 14261; AUTHORIZING THE CITY CLERK TO RECORD SAID SUMMARY VACATION FOR EACH LOT INDIVIDUALLY PRIOR TO THE U.S. FISH AND WILDLIFE SERVICE ACCEPTANCE OF EACH LOT The Council previously approved the "A" maps for San Miguel Ranch. The subdivision maps created certain open space lots to preserve habitat and the developer irrevocably offered to dedicate these lots to the City. Adoption of the resolution authorizes the City Clerk to record instruments to terminate the City's interest in the preserve lots in accordance with the California Government Code and the California Streets and Highways Codes so that the developer (NNP Trimark) can transfer them to the U.S. Fish and Wildlife Service. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "A" MAP OF CHULA VISTA TRACT NO. 05-07, MCMILLIN OTAY RANCH VILLAGE SEVEN; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISIONS; ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS SHOWN THEREON; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT; REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2004-331 Page 3 - Council Agenda March 8, 2005 Council previously approved a tentative subdivision map for Otay Ranch Village Seven, Chula Vista Tract No. 05-07. Adoption of the resolution approves the McMillin Otay Ranch Village Seven "A" Map, its associated subdivision improvement agreement, supplemental subdivision improvement agreement, and an addendum to the Otay Ranch Village Seven sectional planning area plan to allow the issuance of building permits in Village Seven prior to the opening of SR-125. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. ORAL COMMUNICATIONS Persons speaking during Oral Communications may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following items have been advertised as public hearings as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. CONSIDERATION OF ADOPTION OF AN ORDINANCE AND AN URGENCY ORDINANCE MODIFYING THE EXISTING TRANSPORTATION DEVELOPMENT IMP ACT FEE AND AMENDING CHAPTER 3.54 OF THE MUNICIPAL CODE The City's Transportation Development Impact Fee (TDIF) Program was established on January 12, 1988. Since its inception, the program has been updated several times to reflect new land use approvals and updated project cost estimates. The last TDIF update was approved on August 13,2002. Adoption of the ordinances approves the 2005 TDIF update, including an increase from the current fee of $8,825 to $10,400 per Equivalent Dwelling Unit (EDU). The proposed Urgency Ordinance enables the City to collect the fee immediately after the adoption of proposed General Plan. (Director of General Services, City Engineer) Staff recommendation: Council continue the public hearing to a future date. 10. CONSIDERATION OF AN AMENDMENT TO THE EASTLAKE BUSINESS CENTER II SECTIONAL PLANNING AREA (SPA) PLAN, PLANNED COMMUNITY DISTRICT REGULATIONS, DESIGN GUIDELINES AND ASSOCIATED REGULATORY DOCUMENTS (PCM-04-16; THE EASTAKE COMPANY LLC) The EastLake Company, LLC submitted an application to 1) amend the land use district map in order to add a design district overlay over a 36-acre portion of land with a BC-1 land use designation, and define allowable land uses within the overlay area; and 2) amend the design guidelines to add sign criteria specific for businesses located within the design district overlay. (Director of Planning and Building) Staff recommendation: Council continue !he public hearing to March 22,2005. Page 4 - Council Agenda March 8, 2005 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. 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 (Continued from the Meeting of March 1, 2005) 11. In February 2004, the City Council/Staff University Working Group selected a team of consultants, led by STRATUS, and including BMS as a sub-contractor, to develop a higher education recruitment strategy. Subsequently, the working group requested that staff and the consultants present a Phase II planning approach. Adoption of the resolutions appoints a Blue Ribbon Committee to advise the City Council on the University Park and Research Center planning and waives the formal consultant selection process and grants agreements with STRATUS to accomplish specific tracks of the planning approach, and with BMS to develop a framework land use strategy and preliminary campus plan concept for the University Park. (Director of Community Development, Director of Planning and Building) Staff recommendation: Council adopt the following resolutions: A. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA FORMING A BLUE RIBBON COMMITTEE OF DISTINGUISHED INDIVIDUALS TO ADVISE THE CITY ON MATTERS RELATED TO THE PLANNING OF THE UNIVERSITY PARK AND RESEARCH CENTER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND GRANTING AN AGREEMENT 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 APPROPRIATING $451,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE PERFORMANCE OF THESE TASKS (4/5THS VOTE REQUIRED) C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND GRANTING AN AGREEMENT WITH BMS DESIGN GROUP FOR THE PREPARATION OF A FRAMEWORK LAND USE STRATEGY AND THE PREPARATION OF A PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK, AND APPROPRIATING $256,245 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE PERFORMANCE OF THESE TASKS (4/5THS VOTE REQUIRED) Page 5 - Council Agenda March 8, 2005 ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 12. CITY MANAGER'S REPORTS 13. MAYOR'S REPORTS 14. 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). 15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Assistant City Managers 16. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) A. Wert v. City ofChula Vista [USDC Case No. 03 CVl156J (BLM)] B. Sidock v. City of Chula Vista (SDSC Case No. GIS 15970) ADJOURNMENT to the Regular Meeting of March 22, 2005, at 6:00 p.m. in the Council Chambers, and thence to an Adjourned Regular Meeting with the Planning Commission on March 22, 2005 at 7:00 p.m. Page 6 - Council Agenda March 8, 2005 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA February 22,2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:01 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, and Mayor Padilla ABSENT: ALSO PRESENT: Councilmembers: Rindone 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 OF A PROCLAMATION BY MAYOR PADILLA TO: }> Vince Davies, President, Chula Vista Rotary Club }> Thomas Bucknell, President-Elect, Chula Vista Rotary Club and President, Chula Vista Rotary Foundation and }> Tina Williams, Immediate Past President, Chula Vista Rotary Club and Chair of the Centennial Project, PROCLAIMING THE WEEK OF FEBRUARY 21, 2005 AS ROTARY INTERNATIONAL WEEK AND RECOGNIZING THE ROTARY CLUB OF CHULA VISTA AND ROTARY INTERNATIONAL FOR THEIR CONTRIBUTIONS TO THE LOCAL COMMUNITY Mayor Padilla read the proclamation, and Deputy Mayor Davis presented it to Chula Vista Rotary Club representatives Tina Williams and Steve Meisen, who then presented Mayor Padilla with a check to the City in the amount of$100,000 for the renovation of Memorial Park. . PRESENTATION BY JUSTIN AUGUSTINE, ATC REGIONAL VICE-PRESIDENT, AND JEANNIE SNYDER, ATC CHULA VISTA GENERAL MANAGER, OF CHULA VISTA TRANSIT'S DRIVER OF THE YEAR AWARD TO TAMARA MOORE Transit Coordinator Trujillo introduced ATC's President and CEO Jim Long and Vice President and Chief Financial Officer Dave Galanis, who presented the Driver of the Year Award to Tamara Moore. . RECOGNITION BY ANDY TRUJILLO, TRANSIT COORDINATOR, OF ATC TRANSIT EMPLOYEES FREDERICK RODRIGUEZ AND MARY PRICE FOR DEMONSTRATING A RIDER-FIRST APPROACH TO PASSENGERS Transit Coordinator Trujillo recognized Mary Price and Frederick Rodriguez for demonstrating exceptional Rider-1st service to bus passengers ffi:!d presented them each with an award. Page 1 - Council Minutes February 22, 2005 -1- CONSENT CALENDAR (Items 1 through 12) Councilmember Castaneda stated that he would abstain from voting on Item 4 due to a conflict of interest. Item 6 was removed from the agenda at the request of staff and continued to a future meeting. 1. 2A. 3A. APPROVAL OF MINUTES of February 1 and February 8,2005. Staff recommendation: Council approve the minutes B. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECREASING THE SPEED LIMIT ON "J" STREET FROM 35 MPH TO 30 MPH BETWEEN BAY BOULEVARD AND BROADWAY (FIRST READING) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A 25-MPH SPEED LIMIT ON SAINT CLAIRE DRIVE FROM MARQUETTE ROAD TO OTAY LAKES ROAD (FIRST READING) Based on provisions of the California Vehicle Code and pursuant to authority under the Chula Vista Municipal Code, the City Engineer has determined that the following speed limits should be changed or established: Decrease the speed limit on "J" St. to 30 mph between Bay Boulevard and Broadway, and establish a 25-mph speed limit on St. Claire Drive from Marquette Road to Otay Lakes Road. (Director of General Services, City Engineer) Staff recommendation: Council place the ordinances on first reading. RESOLUTION NO. 2005-049, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING COOPERATIVE AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) REGARDING CONSTRUCTION SERVICES ON THE I-805/EAST H STREET RAMP WIDENING IMPROVEMENTS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT B. RESOLUTION NO. 2005-050, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE EASEMENTS TO SBCIPACBELL COMMUNICATIONS, INC. AND CALTRANS AS NECESSARY FOR THE COMPLETION OF THE EAST H STREET RAMP WIDENING C. RESOLUTION NO. 2005-051, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONSTRUCTION CONTRACT FOR THE I-805/EAST H STREET WESTBOUND- NORTHBOUND RAMP WIDENING IN THE CITY OF CHULA VISTA (STM-356) CALTRANS CONTRACT NO. 11-240214 TO YEAGER-SKANSKA, INC., IN THE AMOUNT OF $2,100,496 Page 2 -' Council Minutes February 22,2005 CONSENT CALENDAR (Continued) Major improvements to East H Street in the vicinity of the I-80S interchange have been completed over the past several years in order to accommodate increasing traffic volumes in the area. The City is now prepared to award a construction contract for the project that will include widening the westbound-to-northbound onramp to I-80S. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION NO. 2005-052, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR THE WESTERN CHULA VISTA STREET, SIDEWALK, AND DRAINAGE IMPROVEMENTS PROJECT (STL-313), AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES, AND APPROPRIATING FUNDS AS NECESSARY TO COMPLETE THE PROJECT On February 9, 2005, sealed bids were received for this project. The work to be done consists of pavement rehabilitation, drainage improvements, and sidewalk rehabilitation at various locations in the City. (Director of General Services) Staff recommendation: Council adopt the resolutions. 5. RESOLUTION NO. 2005-053, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING INFORMAL BIDS, REJECTING THE LOWEST BID AS NON-RESPONSIVE, AWARDING A CONTRACT FOR THE OTAY PARK RENOVATION CAPITAL IMPROVEMENT PROJECT, PLAYGROUND INSTALLATION, TO THE NEXT LOWEST BIDDER; AUTHORIZING STAFF TO EXPEND ALL AVAILABLE CONTINGENCY, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT, AND AUTHORIZING THE REPROGRAMMING OF GRANT FUNDS FROM THE "RESTROOM RENOVATION" CAPITAL IMPROVEMENT PROJECT (CIP NO. PR214) TO THE "OTAY PARK RENOVATION" CAPITAL IMPROVEMENT PROJECT (CIP NO. PR240) AS NECESSARY TO COMPLETE THE PROJECT AND COMPLY WITH THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION GRANT FUNDS REQUIREMENTS Per Section 1009 of the City's Charter, the Director of General Services, in an effort to secure competitive prices from interested contractors, invited four playground equipment manufacturers to submit informal bids for the construction of a children's play area at Otay Park designed for the 5-12-year-old age group per City standards. The final date for submittal of informal bids was February 15, 2005. The provision of the playground is a component of the master plan for the improvement Otay Park approved by the Council on May 24,1994. (Director of General Services) Staffrecommendation: Council adopt the resolution. Page 3 - Council Minutes February 22, 2005 CONSENT CALENDAR (Continued) 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $120,057 FOR SIX FOUR. WHEEL DRIVE INTERMEDIATE-SIZE PICKUP TRUCKS TO MAlTA CHEVROLET THROUGH A COOPERATIVE BID WITH THE STATE OF CALIFORNIA (CONTRACT #1-05-23-20), AND AMENDING THE FISCAL YEAR 2005 FIRE DEPARTMENT BUDGET TO APPROPRIATE $5,120 FOR MAINTENANCE AND REPLACEMENT COSTS The Fiscal Year 2004/2005 budget provides for the purchase of two vehicles for the Fire Department. The Fire Department also received Council authorization to purchase four additional vehicles through the approval of the Strategic Plan. Chula Vista Municipal Code and Council Resolution No. 6132 authorize the Purchasing Agent to participate in cooperative bids with other government agencies for the purchase of materials of common usage. The City is participating in a current State of California bid ftom Maita Chevrolet. (Director of Public Works Operations) Staff recommendation: Continue this item to a future meeting. 7. RESOLUTION NO. 2005-054, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE SAN DIEGO REGIONAL ENERGY OFFICE TO INSTALL ENERGY EFFICIENT MEASURES AT CITY FACILITIES, APPROPRIATING $2,500 FROM THE GENERAL FUND TO THE ENERGY CONSERVATION FUND BUDGET TO IMPLEMENT THE PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL IMPLEMENTING AGREEMENTS Adoption of the resolution approves an agreement with the San Diego Regional Energy Office (SDREO) for $182,500. The agreement requires the City to serve as a subcontractor to the SDREO to implement energy efficient projects for City buildings. The projects are anticipated to reduce the City's energy costs and the City's impact on the environment. The agreement between SDREO and the City is contingent on California Public Utilities Commission approval to include the City's projects into SDREO's workplan. (Director of Conservation and Environmental Services) Staff recommendation: Council adopt the resolution. 8. RESOLUTION NO. 2005-055, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE PROVISION OF MIDDLE SCHOOL AFTER-SCHOOL PROGRAMS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Sweetwater Union High School District has awarded the City, through its Recreation Department, a $75,169 contract for the provision of after-school programming at six Chula Vista middle schools. (Director of Recreation) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes February 22, 2005 CONSENT CALENDAR (Continued) 9. RESOLUTION NO. 2005-056, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2005 RECREATION DEPARTMENT BUDGET BY APPROPRIATING $9,672 BASED ON UNANTICIPATED REVENUE FROM THE YOUTH SERVICES NETWORK FUNDED BY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE WIZ KIDZ PROGRAM The Youth Services Network, a collaborative comprised of six agencies, including the Recreation Department, was awarded $113,039 in Community Development Block Grant funds for Fiscal Year 2004/2005. The Recreation Department is requesting an appropriation of its share of the funds, $9,672, to its operating budget to fund the Wiz Kidz program at Otay Recreation Center for the fiscal year. (Director of Recreation) Staff recommendation: Council adopt the resolution. 10. RESOLUTION NO. 2005-057, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UNANTICIPATED STATE HOMELAND SECURITY GRANT PROGRAM FUNDS AND AMENDING THE FISCAL YEAR 2005 BUDGET TO APPROPRIATE SAID FUNDS Chula Vista is the recipient of several State Homeland Security Grant Program allocations. These grants are administered by the County of San Diego Office of Emergency Services and distributed on a formula basis to participating agencies. As stipulated by the grant, the funds will be used to purchase specified first responder personnel protective clothing and related tools and equipment. (Fire Chief) Staff recommendation: Council adopt the resolution. 11 A. RESOLUTION NO. 2005-058, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING UNANTICIPATED URBAN AREA SECURITY INITIATIVE GRANT PROGRAM FUNDS AND AMENDING THE FISCAL YEAR 2005 BUDGET TO APPROPRIATE SAID FUNDS B. RESOLUTION NO. 2005-059, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASING AGREEMENT TO FISHER SAFETY SCIENTIFIC FOR PERSONNEL PROTECTIVE EQUIPMENT Chula Vista is the recipient of several Urban Area Security Initiative (VASI) grant allocations. These grants are administered by the City of San Diego Office of Homeland Security and distributed on a formula basis to participating agencies. The Fire Department is the administrator of UASI grant funds for Chula Vista. As stipulated by the grant, $310,026 from the Fiscal Year 2003 Park II UASI equipment grant and $189,351 from the Fiscal Year 2004 UASI equipment grant will be used to purchase specified first responder protective clothing and related tools and equipment for Fire, Emergency Medical Services, and Police. An additional $211,195 from the UASI Fiscal Years 2003 and 2004 grants will be used to train and prepare Police, Fire and City personnel on emergency preparedness. (Fire Chief) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes February 22,2005 CONSENT CALENDAR (Continued) 12. RESOLUTION NO. 2005-060, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF TREE TRIMMING SERVICES ON AN AS-NEEDED BASIS FROM GREAT SCOTT TREE SERVICE IN ACCORDANCE WITH TERMS AND CONDITIONS OF A COOPERATIVE AGREEMENT WITH THE CITY OF SAN DIEGO THROUGH JUNE 30, 2005, WITH OPTIONS TO RENEW FOR THREE ADDITIONAL ONE-YEAR PERIODS The City of San Diego has put out a bid for tree trimming services. The City of Chula Vista has an opportunity to participate in the contract for favorable terms and pricing. (Director of Public Works Operations, Director of Finance) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Davis moved to delete the appropriations portion of Resolution 2005-052 for Item 4 due to the 4/5ths vote requirement. Councilmember McCann seconded the motion, and it carried 3-0-1, with Councilmember Castaneda abstaining due to a conflict of interest. ACTION: Mayor Padilla moved to continue Item 6 to a future meeting at the request of staff; and to approve staffs recommendations and Consent Calendar Items 1 through 5 and 7 through 12, headings read, texts waived. The motion carried 4-0, except on Item 4, which carried 3-0-1, with Councilmember Castaneda abstaining due to a conflict of interest. ORAL COMMUNICATIONS Robert Griffin stated that tree trimmers on his property accidentally left his gate open, and his dogs escaped. Two days later, the Chula Vista Animal Shelter notified him that the dogs had been found. He asked his sister, Monica Ladd, to pick up the dogs from the shelter. Ms. Ladd said she went to the shelter but was told that the dogs could only be released after the officer who found the dogs had spoken to the owner. Since the officer was not in the office, she was asked to return later that day. When she returned, she was informed that the officer was not on duty. Ms. Ladd returned the following day, but the officer told her that she was not authorized to pick up the dogs and that he would need to perform a yard check prior to releasing the dogs. She later received a call from the shelter informing her that she could collect the dogs. She was given no explanation as to why the process had taken so long or been so difficult. Ms. Ladd expressed her frustration about the inadequacy of service received and asked that her issues be addressed. Mayor Padilla responded that the matter would be referred to staff for review. ACTION ITEMS Items 14 and 15 were taken out of order and discussed at this point in the meeting, prior to Item 13. Page 6 - Council Minutes February 22,2005 ACTION ITEMS (Continued) 13. REPORT REGARDING CHULA VISTA TRANSIT (CVT) FUNDING AND OPERATIONS At its meeting of February 11, 2003, the Council directed staff to return to the Council with an annual report on CVT's funding and operations. On January 13, 2004, Transit staff presented the second report, and the report presented at this time is an update of that report. (Director of Public Works Operations) Assistant Transit Coordinator Codling presented the customer service portion of report. Councilmember McCann asked about the installation of bus turnouts in new developments. Transit Coordinator Trujillo responded that bus turnouts are usually installed in high ridership areas and are being incorporated into new developments. Councilmember McCann asked staffto explain the process used to evaluate the installation of new bus stops and removal of existing bus stops. Mr. Codling replied that ridership is the key factor for both but evaluation also includes design and uses of the surrounding area. Deputy Mayor Davis expressed appreciation for increased waste receptacles and benches at bus stops, as well as for covered stops. Mayor Padilla suggested that buses be routed through larger shopping centers to accommodate riders and reduce the nurnber of shopping carts left at bus stops by passengers who currently utilize the carts to transport groceries and packages from the shopping centers to the bus stops. ACTION: 14. Mayor Padilla moved to accept the report. Councilmember McCann seconded the motion, and it carried 3-0. CONSIDERATION OF APPROVAL OF A LOAN AGREEMENT, RELATED RESTRICTIVE COVENANTS, AND AN AFFORDABLE HOUSING AGREEMENT FOR THE DEVELOPMENT AND OPERATION OF SENIORS ON BROADWAY AFFORDABLE HOUSING DEVELOPMENT On February 18, 2003, the City and Brookfield Shea Otay, LLC executed an affordable housing agreement for Otay Ranch Village 11 in order to implement the affordable housing policy of the City's Housing Element and SPA Affordable Housing Plan. The agreement states that the developer is required to provide 10% of the 2,304 total planned units as affordable to low and moderate-income households. The agreement allows the developer to satisfy this obligation through either the development of for-sale or rental units. The developer has proposed to satisfy its affordable housing obligation by providing a 243-unit mixed income, for-sale development located in the neighborhoods described as MU-1 and R -19. (Director of Community Development) ACTION ITEMS (Continued) Page 7 - Council Minutes February 22,2005 Senior Community Development Specialist Do presented the proposed project. Mayor Padilla asked why proposed construction costs had significantly escalated. Ms. Do responded that primary reasons included increased costs for building materials and impacts from the prevailing wage requirements. ACTION: Deputy Mayor Davis offered Resolution No. 2005-061, and No. 2005-062, headings read, texts waived: RESOLUTION NO. 2005-061, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LOAN AGREEMENT AND RELATED RESTRICTIVE COVENANTS, AND AFFORDABLE HOUSING AGREEMENT, AND TRANSFERRING AVAILABLE HOME FUNDS FROM EXISTING PROJECTS TO PROVIDE FINANCIAL ASSISTANCE TO SENIORS ON BROADWAY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, FOR THE DEVELOPMENT AND OPERATION OF SENIORS ON BROADWAY AFFORDABLE HOUSING DEVELOPMENT RESOLUTION NO. 2005-062, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A WAIVER OF THE P ARKLANDS AND PUBLIC FACILITIES FEES PURSUANT TO MUNICIPAL CODE SECTION 17.10 TO FACILITATE THE CONSTRUCTION OF LOW INCOME HOUSING The motion carried 4-0. 15. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROPRIATING $250,000 FOR OVERTIME EXPENSES RELATED TO OPERATIONS SAFE NEIGHBORHOODS In response to growing concerns by the community following several noteworthy violent crimes, the Police Department is increasing enforcement efforts in concentrated areas in an effort to make a significant impact on violent crime within Chula Vista. The proposed resolution appropriates $250,000 for overtime expenses for this project. (Chief of Police) Police Chief Emerson presented Operation Safe Neighborhoods, discussing focused enforcement based upon analysis, public outreach and public information. Councilmember Castaneda expressed the need to sustain focus beyond street enforcement and asked about assistance with staffing resources from other agencies to complement the City's efforts in combating violent crime and drug and gang activities. Chief Emerson replied that staff has met with representatives of several state agencies who have committed to assisting with providing resources. Page 8 - Council Minutes February 22,2005 ACTION ITEMS Councilmember McCann questioned the current process regarding gang injunctions. Chief Emerson replied that the process is very labor-intensive and that staff would be meeting with the District Attomey's Office for further discussion on the subject. Councilmember McCann also expressed the need to focus on issues associated with crime activities at local motels. Deputy Mayor Davis stated that regular police business should not be included in the overtime expenses and that the focus should be on the prevention of violent crimes. ACTION: Councilmember McCann then offered Resolution No. 2005-063, heading read, text waived: RESOLUTION NO. 2005-063, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING $250,000 IN THE FISCAL YEAR 2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET FOR OVERTIME EXPENSES RELATED TO OPERATION SAFE NEIGHBORHOODS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND The motion carried 4-0. Councilmember Castaneda left the meeting at 7: 19 p.m. and did not return. Police Chief Emerson continued with the remainder ofthe staff presentation on this item. Councilmember McCann suggested utilizing the Palomar Trolley Transit Center as a prototype designed to help reduce crime. Deputy Mayor Davis asked staff to provide data to the Council regarding the total amount of overtime for the month of February. She also asked about efforts to expand the juvenile diversion program to high schools. Chief Emerson responded that the School Resource Officers are currently in place in both school districts, and the Police Department continues to collaborate with South Bay Community Services on various juvenile programs. Mayor Padilla spoke of the need to seek ways to sustain and increase resources to fight crime. OTHER BUSINESS 16. CITY MANAGER'S REPORTS There were none. 17. MAYOR'S REPORTS There were none. Page 9 - Council Minutes February 22, 2005 OTHER BUSINESS (Continued) 18. COUNCIL COMMENTS CouncilmemberMcCann reported that the construction of high school #13 is on schedule, and he thanked the school districts for their continued cooperation in the construction process. ADJOURNMENT At 8:02 p.m., Mayor Padilla adjourned the meeting to an Adjourned Regular Meeting with the Planning Commission on February 24, 2005, at 6:00 p.m., at Hedenkamp Elementary School, located at 930 East Palomar Street, and thence to the Regular Meeting of March 1,2005, at 4:00 p.m. in the Council Chambers. ~ w ~~'r~ Susan Bigelow, MMC, City Clerk Page 10 - Council Minutes February 22,2005 ORDINANCE NO. D p.DOPí\ON SECOND R~Q\NG ~ . ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF 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 WHEREAS, graffiti is inimical and destructive of the rights and values of private property owners as well as the total community; and WHEREAS, prolonged visibility due to the sheer volume, scale and complexity of the graffiti, and placement of the graffiti in hard-to-reach places, enhances the graffiti creator's satisfaction; and WHEREAS, the swift removal or painting over of graffiti in combination with criminal prosecution of the persons who cause it is the most effective way of combating this very serious problem. NOW, THEREFORE, the City Council of the City ofChula Vista does hereby ordain: SECTION I: That Chapter 9.20 of the Chula Vista Municipal Code is amended to read as follows: Chapter 9.20 PROPERTY DEFACEMENT 9.20.010 9.20.020 9.20.030 9.20.035 9.20.037 9.20.040 9.20.045 9.20.050 9.20.055 9.20.060 9.20.065 9.20.070 Purpose and intent. Defmitions. Anti-vandalism provisions. Repealed. Repealed. Punishment provisions. Detection provisions. Accessibility to graffiti implements. Removal provisions. Prevention provisions. Parental involvement provisions. Severability. 9.20.010 Purpose and intent. It is the purpose and intent of the city council of the city, through the adoption of this chapter, to provide additional abatement and enforcement tools to protect public and private property from acts of vandalism and defacement; especially, but not limited to, graffiti on privately and publicly owned wa!ts-,propertv. which areÍâ inimical and destructive of the rights and values of private property owners as well as the total community. The maioritv of those individuals \ovho paint graffiti seek notoriety and recognition as thev attach status to haying their work séen. Prolonged visibilitv due to the sheer volume. scale and complexity of the graffiti. and placement of the graffiti in hard-to-reach places. enhance tl1e 2-1 Graffiti Ordinance Ordinance No. - Page 2 perpetrator's satisfaction. Therefore, the swift removal or painting oyer of graffiti in combination with criminal prosecution of the persons who create it is the most effective way of combating this very serious problem. It is further the intent of the city council, through the adoption of this notice to all of those who callously disregard the property rights of others, that the law enforcement agencies of the city, both the police department and the prosecutor's office, will strictly enforce the law and severely prosecute those persons engaging in the defacement of public and private properties. 9.20.020 Defmitions. A. As used in this section, "graffiti" includes any inscription, word, figure, or design that is marked, etched, scratched, drawn, painted, pasted or otherwise affixed to or on any surface, regardless of the nature of the material of that structural component, to the extent that Same was not authorized in advance by the owner thereof; or, EleGpite a.d','anee autherizatiea, is otherviise deemed eJ' the eol!floil to eo a pt!blio mHSaROe. B. "Aerosol paint container" means any aerosol container, regardless of the material from which it is made, which is adapted or made for the purpose of spraying paint or other substances capable of defacing property. c. "felt tip marker" means any indelible marker or similar implement with a tip which, at its broadest width, is greater than one-eighth inch, containing an ink that is not water-soluble. D. "Glass etching products" means any product which can .be used to permanently alter a glass surface, including but not limited to such products that contain hydrofluoric acid, ammonium bifluoride and sulfuric acid, or sodium bifluoride. E. "Graffiti implement" means an aerosol paint container, a felt tip marker, a graffiti stiCk or glass etching products. F. "Graffiti stick" means a device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure, and upon application, leaving a mark at least one-eighth of an inch in width, visible from a distance of 20 feet, and not water-soluble. 9.20.030 Anti-vandalism provisions. A. Unlawful to Apply Graffiti. It shall be unlawful for any person to apply graffiti on any public or privately owned structures located on public or privately owned real property within the city. B. Possession by Minors. It shall be unlawful for any person under the age of 18 years to have in his or her possession any graffiti implement while upon public property or upon private property without the consent of the owner of such private property, whose consent is given in advance and whose consent shall be given as to the person's presence while in the possession of a graffiti implement. 2-2 Graffiti Ordinance c. 9.20.035 Ordinance No. Page 3 1. School Exception for Felt Tip Markers. The foregoing provision shall not apply while the person is attending, or traveUing to or from, a school at which the person is enrolled, if the person is participating in a class at said school which has, as a written requirement of said class, the need to use felt tip markers. Possession in Designated Public Places. No person shall have in his or her possession any graffiti implement while doing any activity at or around a public building or in any public park, playground, swimming pool, recreational facility, or while loitering in or near an underpass, bridge abutment, storm drain, and other similar types of infrastructure not normally used by the public except as may be authorized by the city. Permitting graffiti to remain - Criminal liability. Repealed by Ord. 2496 § 1, 1992. 9.20.037 Right of city to remove - Civil remedy. Repealed by Ord. 2496 § 1, 1992. 9.20.040 A. Punishment provisions. Police Diversion Program - Community Service with Minimum Hours and Parental Involvement. In lieu of, or as part of, requesting prosecution of a petition to declare a minor to be a ward of the court under Welfare and Institutions Code Section 602 (including, but not limited to, offenses which, in the opinion of the police chief, constitute a violation of this chapter), or in lieu of prosecuting a violation of this chapter as a crime against an adult, the police chief, with the approval of (or according to rules and procedures approved by) the city manager, shall be authorized to offer said minor or adult an option to perform such community service as the police chief, deems appropriate, but which community service shall, if offered at all, contain the following minimum elements: 1. The minor shall perform at least 30 hours of community service. 2. At least one of the custodial parents or, if none, guardians shall be in attendance at least 50 percent of the period of assigned community service. 3. The entire period of community service shall be performed under the supervision of a community service provider approved by the chief of police. 4. Reasonable effort shall be made to assign the subject minor or adult to a type of community service that is reasonably expected to have the most rehabilitative effect on the minor or adult. To the e¡¡tent th.at the offeme giying.rise to the offer of community sc¡-;iee constitutes 2-3 Graffiti Ordinance B. C. OrdinaJ1ce No.- Page 4 a violation of 1t.is ehapter, reasonal3le effort shadl1ge made by the ehier of police to assigR the mffior to eolBmLæ.Îty ser;iee wIDea eonsti{L:{es in signitioffi'lt]3art the removal of graffiti. Mandatory Juvenile Delinquent Community Service. Any minor determined to be a ward of the court under Welfare and Institutions Code Section 602 as a result of committing an offense in the city shall be required, at the city's option, to perform co=unity service, inolading graffiti removal seniee ofnot less thaA. 30 flours nor more tflaA. 80 flOurS. Penalties for Violation. Any aJ1d all violations of this chapter shall be punishable either as an infraction or a misdemeanor, at the discretion of the city attorney. Violations of CVMC & 9.20.055 (A)(2) ("Failure to Remove Graffiti Unlavv"ful") are only punishable by the imposition of an administrative fine. penalty. or abatement action. pursuant to Chapters 1.30. 1.40 and 1.41 of the Municipal Code. 9.20.045 Detection provisions. A. Reward Authority. 1. Pursuant to Section 53069.5 of the Gove=ent Code, the city does hereby offer a reward of $150.00 for information leading to the arrest and conviction of any person for violation of Penal Code Section 594 by the use of graffiti, not to exceed $300.00 per incident of graffiti. In the event of multiple contributors of information, the reward amount shall be divided by the city in the manner it shall deem appropriate. For the purposes of this section, diversion of the offending violator to a co=unity service program, or a plea bargain to a lesser offense, shall constitute a conviction. 2. Claims for rewards under this section shall be filed with the city. Each claim shall: a. Specifically identify the date, location aJ1d kind of property damaged or destroyed. b. Identify by name the person who was convicted, or confessed to the damage or destruction ofthe city property. c. Identify the court in and the date upon which the conviction occurred or the place and the date of the confession. 3. No claim for a reward shall be allowed by the city council unless an authorized representative of the city investigates and verifies the accuracy of the claim and recommends that it be allowed. 4. The person committing the graffiti, and if an unemancipated minor then the custodial parent of said minor, shall be liable for reward paid pursuant to this section. 2-4 Graffiti Ordinance Ordinance No. Page 5 B. Reimbufsemelrt of Car Paone .^.ir Time. The sit)' shall reimburse to an;' perso1J. reJ3orting by means of a mobile er eellular phone an act of graffiti '"md,ÙÎGlll er existeace of graffiti witbiB the eity limits iB taB amount of the direet paone eaarges, e¡(cbsive of taxes, etc., ineurroà by said person. 9.20.050 Accessibility to graffiti implements. A. Furnishing to Minors Prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause to permit to be exchanged, given, loaned, or otherwise furnished, any felt tip marker, graffiti stick, or graffiti implement to any person under the age of 18 years without the consent of the parent or other lawfully designated custodian of the person, which custodial consent shall be given in advance in writing. B. Wrongful Display for Sale. No person, firm or entity engaged in a commercial enterprise ("seller") shall display for sale, trade or exchange any graffiti implement except in an area from which the public shall be securely precluded without employee assistance. Two such acceptable methods for displaying a graffiti implement for sale shall be by containment in~ (1) a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by authorized representatives, remain securely locked; or (2) in an enclosed area behind a sales or service counter from which the public is precluded from entry. C. Wrongful Storage. No person shall store any graffiti implement except in either~ (1) a completely enclosed room which shall, at all times except during access or substantial occupancy by the owner or an authorized adult representative of the owner, remain securely locked; or (2) in a completely enclosed cabinet or other storage device which shall be permanently affixed to a building or building structure, and which shall, at all times except during access by the owner or an authorized adult representative of the owner, remain securely locked. For the purposes of this section, an owner or authorized representative of the owner shall be deemed to have substantial occupancy of a room even during short periods of absence if the room is part of a larger structure which is occupied by the owner. 1. Enforcement Policy on Wrongful Storage Offenses. It shall be the intention of the city to enforce this provision against the wrongful storage of graffiti implements only when its violation has caused or contributed to an act of vandalism by a third party. D. Civil Responsibility for Damages for Wrongful Display or Storage. Any person who displays or stores a graffiti implement in violation of the provisions of this chapter shall be personally liable for any and all costs incurred by any party in connection with the removal of graffiti, or the repair of any property containing graffiti, caused by any person who shall use such graffiti impl=ent in violation of the provisions of California Penal Code Section 594, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages, not to exceed $1,500. 9.20.055 Removal provisions. 2-5 Graffiti Ordinance ^ u. Ordinance No. - Page 6 Right sf City to ReE we Remoya-l. (Self Remoyal). It is ¡,¡n a'1,ful fer aay person who is ~he mvner or .....ho &as primary resjJO1'wiBilit} for esntrol of prspsrty sr woo has primMY reopoBsi'eilíry for the repair or mainteR¡¡¡¡ee sf property ("respoBsiBle party") to psffBit property 'shieh i5 defaeed \vith graffiti to remain 50 de.faeed for a pensE! of seveR days after RÐtice of same, uHless (1) said pemOH sfia-ll demÐfistrate by a prepÐRderanee of evidenee that tRey do Bot Raye the tiBaBeial or pÈ1ysiea-l ability te remeve tEe defaeiB;; graffiti; sr (2) UfIIess it eaa Be elemoRstrated that the reopoBoiale party has a.a aeti';e propam f.or the rems'.'Il1 of graffiti aad BaS scÈ1edb!!eE! ilia removal sf the graftiti as part sf tEat prograæ, ia ?inien ease it snall be :mlmvful to permit SUER property è.efaeed with graftiti te remam. defaeed for a period sf 15 days after Retiee of same. B-.A. Declaration of Nuisance. c. 1. Graffiti as a Nuisance. The existence of graffiti within the city limits of the city is a public and private nuisance, and may be abated aesonlm.;; ts ilia fJfO\'ÍsisflG and proeaE!lHes hereiB esatained.or enforced according to the provisions and procedures contained in this chapter or the administrative enforcement and abatement provisions found in Title I of the Municipal Code. 2. Graffiti ,^.ttraetiag Surfaee as a :Þ';aisanee. The c;¡istenee of any s:¡,rfaee of a strueture eR a pareel oflaRa. which has ae"'R a.efaeed 'si'th graffiti after removal more than fi';e timeG in 12 moBilis is a publie aad private BLlisanee, aHa. may ae aBated ay minor IRodifieation3 thereto, or te the immediate Elrea s:lffol£læRg SæÐe, aeeoràing to ilie provisions EIrlà prseedures herem eont¡Ò¡ed as follows: Said surfaee or surfaees saall be requiroà to be retrofitted, at ilie cost ofthe¡¡ropert). ov.'I1er of saÌl~ lot, not to exeeed a total east of $500.00, or at tEe eos! of tEe eity at the .ity's option, with sueR features er Ejuali:ies as may be established b:' the eity GS ne.essar)" to reduee tile attmetiveness of the surtàee for graffiti, or as neeessary to permit more eo.w:enielrt or effieieEt removal thereof. Right of Citò' te Remove. 1. Use of Publi. F:mds. Whenever t.ae .it)" be.omes aware, or is notitìed and de~efffiines. that graffiti is se lo.ated OR p~JÐli. or priyatoly owned property viev,alJle from a p,¡ ¡li. or quasi pubEs pla.e v,'ÍtRiB the sit)', the eily shall be authorized to use pablie funds for the remoyal of same, or for tho pain:ing or re¡Jl:iring of same, But sha-ll no: authorize or undertake ta provide for the pailltin;; or ropair of airY more extonsiye area than tlmt whore the paffiti is 10catod, m¡Jess the city manager, or hÜ; designee, determines in v.Titing that a more extensive area i:; Fe¥ÌfeEJ-..te....àe-repainted or repuireel-in-.order to avoid aR ues-thetic disfigHfement to :he neighBorhood or eommunity, or unless tEe respofisiBle party agrees to pay f.or the .osts ef repaintiBg or repairing the mere e;,teflsive area. . 2. Right ofER-tr:' on Pri'/ate Property Previsions. a. Seeming Ovmer ConGeAl. Prier ta entering upea private property or property o'lmed by a publie emity ather thaB the ei!:', for the purpose sf re!flÐval of gmffiti, tEe .it)" shall attempt ta seeare the .ORGent af the:respensible ]3Œrty, aRd a release of the .ity fÌ"om lialJilitj' for private or publie pfepert:(damage. 2-~'~i/:':' Graffiti Ordinance b. c. Ordinance No. Page 7 Faibre to Obtain O'.';11er Co¡¡sent. If a respo¡¡sible pæty fails to remoye the offcnding graffiti 7.1thin the time herei¡¡ SfJeeified, er if tho cit:; shall ha';o reEjuested eOBsent to remove or paint oyer the offeHeling graffiti and the I0SfJonsible party shall aa';e refused eonsent fòr entry OH terms aeeeptable to tEe eity, w11sistent with the terms of tais section, the 6Ít) shall commeooe abatement and east recover;- fJraceedmgs for the removal of the gra-ffiti accorelmg to the fol!oy,ing procedure. :'.batemern and Cost Recover:' Preeeedrngs. i. Notiee aRd Conduct of Due Preeess Heariab. The eity manager, or IÚ or her designee, ("hearing offieer") sEal! give not less thaR 1& aours' notiee, served in the same manner GS Sl1ffiffiOBS in a eivil action ia aceordaaee v.ita :\rtide 3 (commenoing v.ith SectioR '115.1 G) of Chapter 1 of Title 5 of Part 2 of the Code of Ciyil Procedure (if tho O?ner of reeord after di1igeHt search eaRnot be fmmd, the notiee may be ser;ed b", postiag a copy thereof in a eonspicuo'.¡S place Hpon the property for a period of I G days and ¡mblicatjonthereof in a newspaper of beneral circulation Jmblished in the county in -¡,illeh the property is located, purs~Jant to Section 6062), to the responsible party or parties 'sho !%Ie reoponsiblù for the maintenance of a pareel of properr/ eontaining graffiti ("profJerty"), aad if a different persoa is tEe owner of record sf the parcel of land on 'Naish the auisance is maintaincd, based on the last equalized assesoment roll or the supplemelltal roll, '.vhieae';er is more curœnt, theH to said e'l,ner ("o?lBer") also, of a "due proces~;" Hearing at '.'ihich said responsible part". and O",11er sHall be entitled to present eyidence and !%Igue that ais or her property does I:Ot contain bTaffiti. The dctcnnination ef the hearing officer after tile "due process" hearin¿; shall be [mal and Rot appealablG. If, after the due process hearing, regardless of the attendance of the responsjbleparty, o'sner, or their respective agents, the bearing officer determines taa{ the prcperty eon{ains ¡:;raftiti viewable from a public or quasi publie place, the hearinb officer shall give written notice ("eradication order") tHat, unloss tile graffiti is removed '.vithin five days thereafter, tho city shall enter uIJon the property; CHase the removal, painting o';c.r (in sach color as shall meet ",.ith the appro','al of the hearing ofEcer) or SHca other eradication ,hereof ("eradication effort") as the hearing offieer detemllno3 appropriate; and shaJl pro';ide tho responsible party and o'?{fler thereafter witH an . accourrting of the costs of ';~lCh eradication effort on a "full cO:Jt reco';ol")' basis." ~dicaÜon Effort. Not sooner tllŒ11 the time speeified in the order of the hearing officer, the city manager, or his designee, saall implement the eradicatioE order. and ol:all IJroyide an accountiRg to the responsible' party, and as approIJriate, the owner, ef tEe costs tEereef ("eradication accouating"). iii. Cost I-Ieming. If the rcsj3oflsible party or owner fails to roquost a heariag before the hearing officer 011 the eradieation accounting ("cost hearing"), or if requested, and a eost Rearing is conducted after eJltending due process to the responsible party and, ati appropriate, ilie ôwner, anà after such a cost he!%Iing, the hearing 2-7 Graffiti Ordinance B. Ordinance No. - Page 8 offieer determines that all or a portion of the eosts are appropriately ehargeaele to the eradieEltioll effort, the total amOU!it set forth in the eradieatioll aeeoWlting, or SlleR amouBt thereof EletermiBoE! as a,fJpropnato BY tHe RoaRng aftieer ("assessed eradieatieB aHarges"), shall be dHe E!Bd pa-yable by tHe respoBsibloparty withm. 30 days. :'..Bj" amolffit of assessed eradieatioR ahargos assessed BY tae ROa:r.ng oftìeer wmeh is less thaa the total amel.lBt set fortH in the eradieatiaB aeooantÏRg shall be e)¡plam.ed by writtelJ. lefter from the aea-riBg offieer to the eity eoU!ioilmembars. iv. LieR. I.s to S<lOR J3ropertj' where the res]3onsièle ]3arty is the 8waer, if all or any ]3ortioR of the assessed oradiea,tion eharges remain unpaid after 30 doys, j'JUfsuant to tae Effitharity ereateà by law, iaelading Government Codes SoetioR 3&773, at seq., SUeR portion thereof as sHall remain uflIJa-id shall eonstirute ¡¡rod is hereby doela-red to eonstitate a liaR on thepropert). willeR was the slibjeet matter of the eradieaticJH elIort. The E!ireetor ef ]3l>fJlie works saaH j'Jreseflt a resolution of lien to the oity eoanoil, and UpOR J9assage aRE! adoptioB thereof, shall oa,use a 6ertified eÐfJ)" tRereofto be reeorded with tHe Sa,¡¡ Diego COllaty reeorder's offiee. 2. Failure to Remove Graffiti UnlawÍLù. It shall be unlawful for any person who is the owner or who has primary responsibility for control of real or personal propertY or who has primary responsibility for the repair or maintenance of the propertY ("responsible partv") to permit said propertv. even if located in the city ricl¡t-ol:wav, to remain defaced with graffiti. visible to the public. for more than fortv-eight (48) hours. Propertv shall be considered no longer defaced when the graffiti is removed or the defaced area is covered by paint which is similar in shade and color to the surface the graffiti res.ides on. If the graffiti .is on glass or some other material. which can be scraped without danlaging the material. the graffiti shall be removed and not painted over. Federal. state and local entities (besides the Citv of Chula Vista) mav be considered a responsible partv for purposes of this Chapter. Utilities or responsible parties with an active program for the removal of graffiti and who own or maintain more than fiftv (50) unattended structures throughout the citv (hereinafter "multiple propertv owners") shall have an additional fortY-eight (48) hours to remove graffiti from those structures. Right of City to Remove. 1. Use of Public Funds. Whenever the cjtv becomes aware, or is notified and determines. that graffiti is so located on public or privatelv owned property viewable fi'om a public or quasi- public place within the citv. the citv shall be authorized to use public funds for the removal of same. or for the painting or repairing of same. but shall not authorize or undc.rtake to provide for the painting or repair of any more extensive area than that where the graffiti is located. unless the city manager. or hislher designee. determines in writing that a more extensive area is required to be repainted or repaired in order to avoid an aesthetic disfigurement to the neighborhood or community. 2. Right of Entrv. If a responsible party fails 10 remove graffiti within fortY-eight (48) hours of being notified by the city, or ninety-six (96) hours for multiple property owners. the city 2-8 Graffiti Ordinance Ordinance No. - Page 9 manager or his/her designee (including an independent contractor) shall have the right to enter onto the property, paint over or remove said graffiti. a. Notice - Method of Service. Before entering onto a person's property to abate graffiti. the city shall notify the responsible party in writirig of its intent to do so. Said notice shall be served by anv of the fòllo\v1ng methods: i. Delivering to and leaving personally 'With the responsible party or a person of suitable age and discretion who resides or is emploved at the propertv ("personal service"): or ll. Certified mail. postage prepaid, return receipt requested to the last known address of the responsible party (simultaneouslv, a duplicate notice mav be sent by regular mail, postage prepaid); or iii If the graffiti is on attended/occupied propertv. by posting or hanging a notice on the defaced property in a manner most likely to give actual notice to the responsible partv. All multiple propertv O'Wl1ers shall establish an agent fòr service of process 'With an address and facsimile number where the owner can be notified during normal business hours (8:00am to 5:00pm). Successful deliverv of a notice to the agent's address or successful transmission of a facsimile to the number provided shall be an acceptable method of service for multiple property owners. b. Notice - When Served. The notice shall be deemed served and the responsible party "notified" at the time of personal service; or the successful delivery of the certified letter (or the third dav after mailing of the duplicate notice); or fòrtv-eight (48) hours after the notice is posted on the property; or -when a facsimile is successfully transmitted to the multiple property owner's agent for service of process. Actual notice shall cure anv defect in the effort to provide constructive notice. c. Contents of Notice. The notice shall include the Municipal Code section being violated; the propertv address/location where the graí1ìti has been observed; the daters) and timers) the graffiti was observed: a description of the corrective action required and time limit - including the need to use paint which is similar in shade and color to the structure or item the graffiti is painted on: the consequences of failing to comply. all hearing/appeal rights; and the name of the issuing officer or staffmember. d. Seeming 0'W11er Consent. Prior to entering onto private property íòr the purpose of graffiti removal, the city shall attempt to secure the written or oral consent of the responsible party, which may be incorporated into the required written notice. The responsible partv mav execute and tile with the citY a consent form that authorizes the city, without notice, to immediate.\v enter onto the property to paint over anv grafíìti. Such consent shall be effective indefinitely. until withdrawn in writing by the responsible party. 2-9 Graffiti Ordinance Ordinance No. - Page 10 e. Graí1ìti in "Privacv Areas". Unless a warrant or proper consent is secured. the city shan not remove or paint over graffiti if it is located in an area where the property owner or occupant has a reasonable expectation of privacv ("privacv area"). Like\ovise. the city shall not remove or paint over graffiti that is not in a privacv area if a privacv area must be entered to abate said graffiti. f. Pre-Abatement Conference. A responsible party mav request, bv telephone, in wTiting. or in person. that an informal conference be held before the city enters the party's propertY to abate graffiti. The request for a conference shall stav the citv's abatement efforts and must be made within fortY-eight (48) hours of being served notice pursuant to CVMC & 9.20.055 (B)(2)(a). The conference shall be conducted bv the city manager or his/her designee. The purpose of the conference shall be to determine the proprietv of the citv's impending abatement action. A decision on the validity of that action shall be made and commlrnicated to the responsible party before the end of the conference (unless a continuance is necessarv). If determined to be valid. the city may abate the offending grafiìti fortv-eight (48) hours after the decision. ;"L Ease of Removal Provisions. al. bZ. el. Common Utility Colors and Paint Type. Any gas, telephone, water, sewer, cable, telephone and other utility operating in the city, other than an electric utility, shall paint their above- surface metal fixtures with a uniform paint type and color which meets with the approval of the city manager. Utility boxes which are part of a beauti.fication nrogram (e.g.. utility box artwork project) shall be exempt from this requirement. Conditional Encroachment Permits. All encroachment permits issued by the city shall, among such other things, be conditioned on: (1) theperrnittee shall apply an ami graffiti material to the encroaching object sf a type and naÜ!fe that is acee 3table to the city manager, or his or her desigRee; (2) :he immediate removal by the permittee of any graffiti; BJill the right of the city to remove graffiti or to paint the encroaching object; f:41ill providing the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting of the encroaching object containing graffiti. Conditional Tentative Maps. In approving tentative or parcel maps, conditional use permits, variances, or other similar land use entitlements, the city shall consider imposing any or all of the following conditions, or other similar or related conditions, at the public hearing required by law for approval of the tentative map, conditional use pe=it, variance or other similar land use entitlement: i. Use of !..ati Graffiti Material. De\"eloper shoE apply æ: anti graffiti material of a type and natare that is aeeeptaBle to the eity manager, er his or her desigRee, to sueh of the publicly yiev;able 5lIIfaees on the impro'¡ements to be eoFlsffileted em the site deemed by the eity manger, or desigl'!ee, to be likely to attract graffiti ("graffiti attracting surfaces"); . 2-10 Graffiti Ordinance Ordinance No. Page 11 fig. Right of Access to Remove Graffiti. Developer shall grant, prior to resale of any of the parcels which are within the territory of said map, the right of entry over and access to such parcels, upon 48 hours' posting of notice, by authorized city employees or agents, to the city for the purpose of removing or "painting over" graffiti from graffiti- attracting surfaces previously designated by the director, and the right to remove such graffiti; and HiQ. Supply City with Graffiti Removal Material. Developer shall, for a period of two years after the resale of their [mal lot, provide the city with sufficient matching paint and/or anti-graffiti material on demand for use in the painting over or removal of designated graffiti-attracting surfaces. Wf.. Owner to Immediately Remove Graffiti. Developer shall, either as part of the conditions, covenants and restrictions, or as separate covenants recorded against individual lots, prior to resale of same, covenant, which covenant shall run with the land and be for the benefit of the city, in a fo= satisfactory to the city, that the owner of the lots shall immediately remove any graffiti placed thereon. 9.20.060 Prevention provisions. A. Design of New Graffiti-Attracting Surfaces. Any applicant for design review approval, conditional use pe=it, special use permit, unclassified use permit, development agreement, or other form of development or building permit shall, to the extent deemed feasible by the city manager, or his or her designee, have designed any building structures visible from any public or quasi-public place in such a manner as to consider prevention of graffiti, including, but not limited to, the following: ~ (l)use of a protective eoating to provide for t.r,e effective and e;¡ped.itious removal of graffiti; (2) use of additional lighting; fJ1ill use of nonsolid fencing; f4¿ill use of landscaping designed to cover large expansive walls such as ivy or similar clinging vegetation; and ~rn use of architectural design to breakup long continuous walls or solid areas. B. Retrofit Existing Graffiti-Attracting Surfaces Nonresidential Structures. lllÌs may be incorporated in the cradication order during an abatement aeŒIin:;,. The following preventative measmes mav be ordered after providing adequate notice and the opportunitv for a Chapter 1.30 abatement hearing. No graffiti need culTently reside on the propertY before instituting such a proceeding, The City must only show that the surface of a structure has been defaced more than fom (4) times in six (6) months and that tile proposed retro1ìt is necessary and reasonable. 1. At Owner's Expense. Any surface of a structure on a parcel of land placed ill any land use othcr than residential which has been defaced with graffiti more than fi.vefour ßl..times in Hsix (6) months, or the immediate area surrounding said surface, shall be required to be retrofitted, at the cost of the property owner of said lot, with such features or qualities as may be established by the city as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof. In exercising the authority hereunder, the city may not impose a cost on the property owner greater than $750.00. tlRee times the east of one ycQ£'s"expenGe to the property owner of graffiti removal. 2-11 Graffiti Ordinance Ordinance No. - Page 12 2. At City's Cost. The owner of property on which is located a surface of a structure other th8fi resideatial which has been defaced with graffiti more than t:Wefour í:!l..times in P-six (6) months, or the immediate area surrounding said surface, shall permit the city to enter upon and make such modifications thereto, at city's cost, which modifications shall include such features or qualities as may be established by the city as necessary to reduce the attractiveness of the s1.U:face for graffiti, or as necessary to permit more convenient or efficient removal thereof. . 9.20.065 Parental involvement provisions. ~Parental Civil Liability. Any parent or other legal guardian who consents to, permits, or otherwise knowingly allows her or his child under the age of 18 to possess a graffiti implement shall be personally liable for any and all costs to any person (including public entities) incurred in connection with the removal of graffiti caused by said child, or by said graffiti implement, and for all attorney's fees and court costs incurred in connection with the civil prosecution of any claim for damages. 9.20.070 Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. SECTION II. This Ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Presented by Approved as to form by :c:>a.-. l. ~ Dave Byers Director of Public Works Operations Ann Moore City Attorney 2-12 COUNCIL AGENDA STATEMENT ltem:~ Mee~ng Date: March 8. 2005 ITEM TITLE: Resolution amending the FY05 Library Department budget by $3,000 based on unanticipated one-time grant augmentation for expenditures associated with the Literacy program. W SUBMITTED BY: Assistant City Manager/Library Director REVIEWED BY: City Manage'1;/1\¡'"' (4/5ths Vote: YES -L NO-> The California Department of Education recently notified the Chula Vista Literacy Team of a one-time augmentation in the amount of $3,000 in Workforce Investment Act (yVIA) 231 Grant funds for the fiscal year 2005. STAFF RECOMMENDATION: That Council adopt the resolution amending the FY05 Library Department supplies and services budget by $3,000 based on unanticipated one-time grant augmentation for expenditures associated with the Literacy program. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: The Chula Vista Literacy Team's Workforce Investment Act (yVIA) 231 Grant has been augmented for the Fiscal Year 05 in the amount of $3,000. These Grant funds will be used to purchase instructional materials and supplies for the Literacy Team Center. FISCAL IMPACT: A one-time augment to WIA 231 grant funds will be appropriated into the current year budget. These funds will be used to purchase instructional materials at the Literacy Team Center. 3-1 RESOLUTIONNO.2005-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 05 LIBRARY DEPARTMENT BUDGET BY APPROPRIATING UNANTICIPATED ONE-TIME GRANT AUGMENTATION IN THE AMOUNT OF $3,000 FOR EXPENDITURES ASSOCIATED WITH LITERACY PROGRAM WHEREAS, the California Department of Education recently notified the Chula Vista Literacy Team ofa one-time augmentation in the amount of$3,000 in Workforce Investment Act (WIA) 231 Grant funds for the fiscal year 2005; and WHEREAS, the Chula Vista Literacy Team's Workforce Investment Act (WIA) 231 Grant has been augmented for the Fiscal Year 05 in the amount $3,000; and WHEREAS, these Grant Funds will be used to purchase instructional materials and supplies for the Literacy Team Center. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2005 Library Department by appropriating unanticipated one-time grant augmentation in the amount of $3,000 for expenditures associated with the Literacy program. Presented by Approved as to form by David Palmer Assistant City Manager/Library Director ~KQ(I\\ \\\~A\\i~ Ann Moore City Attorney j,lattomeylresolfinancolAmend FY 05 Libmy Dep! fo; WIA 3-2 COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: March 8, 2005 ITEM TITLE: SUBMITTED BY: Resolution adding a Librarian IIII and a (.5) Library Technician to the Library Department budget and appropriating funds therefore based upon unanticipated reimbursable revenues. Assistant City Manager Palmer ¥ City Manager ~ QIL' (4/5ths Vote: Yes..Ã- No--> REVIEWED BY: The General Services and Library Departments are proceeding with plans to build the Rancho del Rey Branch Library as proposed in the Library Master Plan. Public Facilities Development Impact fees have been collected for this project and will allow the City to construct a 30,000 square foot branch library. It is anticipated that design work will begin this spring, construction in spring 2006, and the branch will open in spring 2007. The General Services Department will handle the design and construction process and the Library will order and process library materials for the opening day book and materials collection. For this reason, the library must now hire a Librarian IIII and upgrade a current (.5) Library Technician. STAFF RECOMMENDATION: That Council approve adding a Librarian I/II and a (.5) Library Technician to the Library Department effective March 18, 2005 and amending the personnel services budget in the amount of $25,932.33 for FY05 and appropriating funds therefore based upon unanticipated reimbursable revenues. BOARDS/COMMISSIONS RECOMMENDATIONS: n/a DISCUSSION: The plan to construct a 30,000 square foot library in the Rancho Del Rey area requires the acquisition of more than 100,000 book and media items before opening day. In order to acquire these materials without impacting service to existing library branches, it is necessary to increase staffmg in the Technical Services division of the library for the increased workload. The Library will need an additional librarian within Technical Service's Collection Development division, to seek out and identify suitable materials using publisher catalogs, book vendor databases and lists. Once suitable items are identified, this person will supervise the acquisition and ordering of these materials and report on the progress of the materials acquisition project for the Rancho Del Rey Branch Library. There is also the need to provide an increased amount of support staff for this project and therefore the library requests that an existing (.5) Library Technical Assistant position be upgraded to full time to help with the electronic ordering of materials and cataloging processing. 4-1 Page 2, Item:L Meeting Date: March 8, 2005 Currently the library adds approximately 4,000 books and media items each month, using a staff of 3 librarians and 3.5 library technicians, as well as additional hourly staff. In order to open Rancho del Rey by April 2007, the Library estimates that approximately 4,000 additional items per month will need to be acquired over a 24-month period. Due to efficiencies of scale, the Library believes that the addition of one librarian and the upgrading of an existing (.5) LTÀ position to a full-time, will be sufficient to handle the additional purchasing and cataloging of library materials for the new branch. FISCAL IMPACT: The fiscal impact for FY 05 for these changes will be $25,932.33. The on-going costs will be $97,428.97. The FY05 costs will be fully offset by reimbursement revenues from the CIP Budget for the RDR Library- Project LB 124. 4-2 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDED A LIBRARIAN VII AND A (.5) LIBRARY TECHNICIAN TO THE LIBRARY DEPARTMENT BUDGET AND APPROPRIATING FUNDS THEREFORE BASED UPON UNANTICIPATED REIMBURSABLE REVENUES WHEREAS, the plan to construct a 30,000 square foot library in the Rancho Del Rey area requires the acquisition of more than 100,000 book and media items before opening day; and WHEREAS in order to acquire these materials without impacting service to existing library branches, it is necessary to increase staffing in the Technical Services division of the library for the increased workload; and WHEREAS, the library will need an additional librarian within Technical Service's Collection Development division, to seek out and identify suitable materials using publisher catalogs, book vendor databases and lists; and WHEREAS, once suitable items are identified, this person will supervise the acquisition and ordering of these materials and report on the progress of the materials acquisition project for Rancho Del Rey Branch Library; and WHEREAS, there is also a need to provide an increased amount of support staff for this project and therefore requests that an existing (.5) Library Technical Assistant position be upgraded to full time to help with the electronic ordering of materials and cataloging processing. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Chula Vista does hereby adding a Librarian I/II and a (.5) Library Technician to the Library Department budget and appropriating funds therefore based upon unanticipated reimbursable revenues. Presented by Approved as to form by y i. (Þ¡k^ Ann Moore City Attorney Çit~s~ø1{ David Palmer Assistant City Manager J:attorneylReso\ClassificationlLibrarian I-U J;AttorneyIReso\classificationlLibrarian l-U 4-3 COUNCIL AGENDA STATEMENT Item: ~ Meeting Date: 03/08/05 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF $50,000 FROM THE STEPHEN & MARY BIRCH FOUNDATION TO THE FIRE DEPARTMENT AND APPROPRIATING SAID DONATED FUNDS AND APPROPRIATING $5,037 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR PURCHASE OF A FIRE SAFETY HOUSE Fire Chief :D"'" SUBMITTED BY: REVIEWED BY: City ManagerGt Q ï2- (4/5ths Vote: YeslLNo -> The Fire Department received a donation in the amount of $50,000 from the Stephen & Mary Birch Foundation. The donation will be used to purchase a Fire Safety House. RECOMMENDATION: That Council accept the donation in the amount of $50,000 and amend the FY05 Fire Department budget to appropriate said donated funds and $5,037 from the available balance of the General Fund to the Fire Prevention operating capital budget. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: In 1994, the Fire Department raised funds to purchase a Fire Safety House. This is a self-contained travel trailer, designed as a mock residence used as a tool to teach fire safety in the community. The existing Fire Safety House is eleven years old and in need of replacement. Since the original Fire Safety House was purchased from donations, only annual maintenance costs in the amount of $1,300 were budgeted. There were no funds budgeted for the future replacement of the Fire Safety House. The cost of a new Fire Safety House is $55,037. To date the Fire Department has made an effort to raise funds and written several grants requesting funding for a Fire Safety House. Unfortunately, the requests have not been funded. The Fire Department would like to take this opportunity to partially fund a new Fire Safety House from the unanticipated Stephen and Mary Birch Foundation donation in the amount of $50,000. The remaining cost of the Fire Safety House will result in a net impact to the General Fund of $5,037. This investment will help the Fire Department 5-1 begin its community outreach efforts as outlined in the Fire Department's Strategic Business Plan; Goal #4 - Community Risk Reduction: By FY' 05-06, through community risk reduction education and engagement with the public the Chula Vista Fire Department will: . Reduce property loss . Increase survivability . Reduce accidents . Reduce injuries . Reduce false 911 calls by educating the public on the proper use of the 911 system and eliminating miscellaneous calls . Increase public awareness of fire department services Staff is recommending both maintenance and replacement funds be budgeted to allow for the future replacement of the Fire Safety House. Annual replacement funds are $1,840. The Fire Safety House is a critical element in teaching fire safety to children and seniors. Seniors over sixty-five years of age currently make-up 11 % of the City's population and, children 14 years old and younger makes up 25% of the City's population. FISCAL IMPACT: The total amount received is $50,000. The net impact to the General Fund is $5,037 plus ongoing annual replacement costs of $1,840. Maintenance costs are already budgeted for the existing Fire Safety House and will be applied to the Fire Safety House. The old Fire Safety House will be sold at auction. Proceeds from the sale will be returned to the General Fund. 5-2 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF $50,000 FROM THE STEPHEN & MARY BIRCH FOUNDATION TO THE FIRE DEPARTMENT AND APPROPRIATING SAID DONATED FUNDS AND APPROPRIATING $5,037 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR PURCHASE OF A FIRE SAFETY HOUSE WHEREAS, The Fire Department received a donation in the amount of $50,000 from the Stephen & Mary Birch Foundation; and, WHEREAS, The donation will be used to purchase a Fire Safety House; and, WHEREAS, The existing Fire Safety House is eleven years old and in need of replacement; and, WHEREAS, The original Fire Safety House was purchased from donations, only annual maintenance costs in the amount of$1,300 were budgeted; and, WHEREAS, There were no replacement funds budgeted for future replacement of the Fire Safety House; and, WHEREAS, The cost of a new Fire Safety House is $55,037; and, WHEREAS, This investment will help the Fire Department begin its community outreach efforts as outlined in the Fire Department's Strategic Business Plan; Strategic Goal #4 - Community Risk Reduction: By FY' 05-06, through community risk reduction education and engagement with the public, Chula Vista Fire Department will: . Reduce property loss . Increase survivability . Reduce accidents . Reduce injuries . Reduce false 911 calls by educating the public on the proper use of the 911 system and eliminating miscellaneous calls . Increase public awareness of fife department services WHEREAS, Staff is recommending both maintenance and replacement funds be budgeted to allow for the future replacement of the Fire Safety House; and, 5-3 WHEREAS, replacement cost in the amount of$I,840 will be budgeted in the FY 2006 budget; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a donation in the amount of $50,000 from the Stephen & Mary Birch Foundation to the Fire Department and appropriate said donated funds and appropriate $5,037 from the available balance of the General Fund for purchase of a Fire Safety House to the Fire Department FY05 budget. Presented by: Approved as to form by: -~ mAl ~r Ann Moore ' City Attorney 5-4 ITEM TITLE: SUBMITTED BY: REVIEWED BY: Council Agenda Statement Item No.: h Meeting Date:O3/08/2005 RESOLUTION AMENDING THE FY2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET TO RECLASSIFY THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG) NETWORK ADMINISTRATOR TO CBAG NETWORK MANAGER, RECLASSIFY THE POSITION OF CBAG NETWORK ASSISTANT TO CBAG NETWORK ADMINISTRATOR I, CREATE A NEW POSITION OF CBAG NETWORK ADMINISTRATOR II, CREATE A NEW POSITION OF CBAG GRAPHICS DESIGNER/WEB MASTER, AND ADD ONE CBAG ANALYST; AND APPROPRIATE $120,492 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND BASED UPON UNANTICIPATED REVENUES. ORDINANCE AMENDING THE CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASS~IED POSITIONS. Chief of Polic ./ City Manager flv'J-' (4/5ths Vote: Yes_X- NO_) The California Border Alliance Group (CBAG) has requested several classification updates/additions. They are requesting that the position of CBAG Network Administrator be reclassified to that of CBAG Network Manager; the reclassification of CBAG Network Assistant to that of CBAG Network Administrator I; the addition of a new classification of CBAG Network Administrator II; the addition of a new classification of CBAG Graphics Designer/Web Master; and the addition of one CBAG Analyst (already existing classification). The full cost of these additions/reclassifications will be paid for by CBAG. Additionally, Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be adopted by Ordinance. The Police Department requests the addition of the positions of CBAG Network Administrator I, CBAG Network Administrator II, CBAG Network Manager, CBAG Graphics Designer/Webmaster and the deletion of the positions of CBAG Network Administrator and CBAG Network Assistant. RECOMMENDATION: That Council adopts the resolution amending the Police Department Personnel Services budget to reclassify the CBAG Network Administrator to CBAG Network Manager, reclassify the position of CBAG Network Assistant to CBAG Network Administrator I, create anew position of CBAG Network Administrator II, create a new position of CBAG Graphics Designer/Web Master and add one CBAG Analyst; 6-1 Page Item L Meeting Date 03/08/2005 and appropriate $120,492 from the available balance of the general fund based upon unanticipated revenues. That Council approve the Ordinance amending the Chula Vista Municipal Code section 2.05.010 relating to the establishment of unclassified positions. BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable BACKGROUND: The Police Department entered into an agreement with the Office of National Drug Control Policy in 1996 to be the fiscal agent for CBAG. CBAG is part of the Southwest Border High Intensity Drug Trafficking Area (SWHIDTA). In essence, the City receives full funding, plus a 3% administrative fee, to hire and administer salary and benefits for CBAG positions. To date, there are currently 13 CBAG positions with the City Of Chula Vista that are fully funded from the Office of National Drug Control Policy. CBAG NETWORK MANAGER This is a position reclassification/title change. This position will supeNise the entire information technology unit for SWHIDTNCBAG which is a change from the previous duties. The salary for this position will not change, nor will the bargaining unit designation. CBAG GRAPHIC DESIGNERIWEB MASTER Under general supeNision of CBAG Network Manager, this position performs a variety of duties in graphics and Web page design and interfaces for the CBAG area of responsibility. This position will prepare news letters, special reports, court presentation materials and the WEB sites for CBAG, NIN, County Methamphetamine Strike Force, and in the development of both a DEC state wide web site.and a master site to link all Community Prevention Coalitions, DEC, Meth Strike Force and others involved in Demand Reduction efforts. This position will receive the same benefits as the Confidential Unit. The "E" step salary for this position will be $5,000 per month. CBAG NETWORK ADMINISTRATOR I-II These positions will support the information technology infrastructure at one of the three major CBAG facilities and report directly to the CBAG Network Manager. IT support will include, but is not limited to, end user application installation and support, Windows 2000/XP; PC hardware troubleshooting, NT/2000/2003 seNer management, Exchange seNer management, user account management, firewall configuration, local area network support, and wide area support.., 6-2 Page, Item {¡; Meeting Date 03/08/2005 These positions will receive the same benefits as Mid-managers. The "E" step salary for CBAG Network Administrator I will be $6250 per month. The "E" step salary for the CBAG Network Administrator II will be $6875 per month. CBAG ANALYST CBAG is requesting the addition of one CBAG Analyst to handle the increased workload for SWHIDTA. As intelligence gathering has increased significantly in the last couple of years, so too has the analysis of this data. This additional CBAG Analyst will enable CBAG to remain timely with intelligence processing. Salary and benefits for this position will not change. All changes to become effective March 18, 2005. Chula Vista City Charter section 500 requires that all unclassified positions not mentioned specifically in Charter section 500 be adopted by Ordinance. The Police Department requests the addition of the positions of CBAG Network Manager, CBAG Network Administrator I, CBAG Network Administrator II, and CBAG Graphic Designer/Web Master to the unclassified service and the deletion of the positions of CBAG Network Administrator and CBAG Network Assistant. Consequently, Section 2.05.010 must be amended to reflect the changes to the unclassified positions. FISCAL IMPACT: The cost for these adjustments/additions for FY2005 is $120,492. However, CBAG will fully reimburse the City for the cost of these positions, including a 3% administrative fee. Therefore, there is no cost to the General Fund for this fiscal year or succeeding fiscal years. FY 2004/05 Exoenditure Personnel Costs $120,492 Revenue ONDCP Reimbursement $124,107 Net Imoact $3,615 6-3 Page, Item ----k- Meeting Date 03/08/2005 RESOLUTION NO. RESOLUTION AMENDING THE FY 2005 POLICE DEPARTMENT PERSONNEL SERVICES BUDGET TO RECLASSIFY THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG) NETWORK ADMINISTRATOR TO CBAG NETWORK MANAGER, RECLASSIFY THE POSITION OF CBAG NETWORK ASSISTANT TO CBAG NETWORK ADMINISTRATOR I, CREATE A NEW POSITION OF CBAG NETWORK ADMINISTRATOR II, CREATE A NEW POSITION OF CBAG GRAPHICS DESIGNER/WEB MASTER, AND ADD ONE CBAG ANALYST; AND APPROPRIATE $120,492 FROM THE AVAILABLE BALANCE OF THE GENERAL FUND BASED UPON UNANTICIPATED REVENUES. WHEREAS, the City Of Chula Vista is the fiscal agent for the Office of National Drug Control Policy and the California Border Alliance (CBAG); and WHEREAS, the City Of Chula Vista is fully reimbursed for all CBAG positions; and WHEREAS, CBAG has requested the reclassification of the CBAG Network Administrator to CBAG Network Manager, reclassification the position of CBAG Information Technology Assistant to CBAG Network Administrator I, creation of CBAG Network Administrator II, creation of CBAG Graphics Designer/Web Master, and adding one CBAG Analyst to their staff; NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 2005 Police Department Personnel Services budget to reclassify the California Border Alliance Group (CBAG) Network Administrator to CBAG Network Manager, reclassify the position of CBAG Network Assistant to CBAG Network Administrator, create a new position of CBAG Network Administrator II, create a new position of CBAG Graphics Designer/Web Master, and add one CBAG Analyst; and appropriate $120,492 from the available balance of the General Fund based upon unanticipated revenues. ~@.fL Ri hard P. Emerson Police Chief Þ'. 6-4 Page, Item - Meeting Date 03/08/2005 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS. Whereas, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce; and Whereas, the Charter Section 500(a) requires that all new unclassified positions be adopted by ordinance and a four-fifths vote of the Council. NOW THEREFORE, the City Of Chula Vista does ordain as follows: SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the city, there are established the unclassified positions entitled deputy city manager, administrative services manager, deputy fire chief, assistant fire chief, assistant chief of police, assistant director of finance, assistant director of budget and analysis, fiscal operations manager, funds development strategic planning manager, purchasing agent, treasury manager, assistant director of human resources, director of employee development, risk manager, assistant director of public works and operations, assistant director of building and housing, deputy building official, building services manager, building and park construction manager, parks and open space manager, assistant director of recreation, housing coordinator, real property manager, transit coordinator, assistant director of community development, community relations manager, western Chula Vista development manager, traffic engineer, deputy director of engineering, assistant library director, chief learning officer, director of communications, police captain, director of conservation and environmental services, deputy director of planning, assistant director of planning, special planning projects manager, general plan project manager, chief of staff, constituent services manager, community liaison (assigned to the office of the mayor and city council), California border alliance group deputy executive director, California border alliance group budget manager, California border alliance group meth. strike force coordinator, Calif-ornia border alliance group new.-ork administrator, California border alliance group operations/intelligence coordinator, California border alliance group program analyst, California border alliance group management assistant, California border alliance group network m:sie:tant and regional computer forensic laboratory network engineer, California border alliance group executive assistant, California border alliance QIQ.!dQ network manaqer, California border alliance qroup network administrator 1.. California border alliance QIQ.!dQ network administrator 11 California border alliance QIQ.!dQ qraphics 6-5 Page, Item- Meeting Date 03/08/2005 desiqner/web master, energy services manager, communications manager, office specialist (mayor's office), intergovernmental affairs coordinator. SECTION II: This ordinance shall take effect and be in full force and effect upon its second reading and adoption. Submitted by: Approved as to form by: Marcia Raskin Director of Human Resources 6-6 In COUNCIL AGENDA STATEMENT Item 1- Meeting Date 3/8/05 ITEM TITLE: Resolution Ordering the Summary Vacation of assignable access easements and irrevocable offers of dedication associated with lots "P", "Q", "R", "c" and "D" of Subdivision Map 14853 and Lots "0" and "A" of Subdivision Map No. 14261; authorizing the City Clerk to record said summary vacation for each lot individually prior to the US Fish and Wildlife Service acceptance of each lot SUBMITTED BY: Director of General Services/City Engineer 6A: REVIEWED BY: CitYManager~~r-' (4/5thsVote: Yes_NoXj City Council approved the "A" maps for San Miguel Ranch with resolutions 2001-259 and 2004- 246. The Subdivision Maps (Numbered 14261 and 14853) created certain open space lots to preserve habitat and the developer irrevocably offered to dedicate these lots to the City. Tonight's action will authorize the City Clerk to record instruments to terminate the City's interest in the preserve lots in accordance with Section 7050 of the California Government Code and Chapter 4, Sections 8335 of the California Streets and Highways Codes so that the developer (NNP Trimark) can transfer them to the US Fish and Wildlife Service (USFWS). RECOMMENDATION: That Council approve the resolution ordering the Summary Vacation of assignable access easements and irrevocable offers of dedication associated with lots "P", "Q", "R", "c" and "D" of Subdivision Map 14853 and Lots "0" and "A" of Subdivision Map No. 14261 and authorize the City Clerk to record said summary vacation for each lot individually prior to the US Fish and Wildlife service acceptance of each lot. BOARDS/COMMISSIONS RECOMMENDATION: N/A. DISCUSSION: San Miguel Ranch is generally located north east of Proctor Valley Road, straddling SR-125. The open space preserve lots are shown in Attachment 1. The Tentative Map (Tract 99-04), approved February 29, 2000 by Resolution No. 2000-068, conditioned the project to set aside preserve lands. The developer irrevocably offered the preserve lots to the City until such time as the preserve manager could be determined. The City acknowledged the offer however, the City's intended use for the assignable access easements and preserve open space lots is no longer needed given that US Department of Interior Fish and Wildlife Service will be the new property owner. 7-1 Page 2 Item~ Meeting Date~ Additionally, USFWS has proposed a phased acceptance of the preserve open space lots. Tonight's action will allow the City Clerk to record an instrument terminating the City's interest in said lots during escrow on a lot-by-lot basis. This is necessary so that the City does not terminate its interest in the lots prematurely, should the USFWS transfer not materialize. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 25 categorical exemption from environmental review per CEQA Section 15325, Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources. FISCAL IMPACT: All costs associated with tonight's action have been developer funded. Attachment 1: Location plat of Lots "P", "Q", "R", "C" and "D" associated with San Miguel Ranch Phase 3. J."Engin..i'LANDDEW'roj,"M= Migu" R=ch\>=ry VacalianlAl13.Fish&wildlif' ..mmary 'acarion ,7.doc 7-2 Attachment 1 JA2JU___~- MAP NO. ---. SHEET' OFEO SHEETS 99-04 - ~ TRACT NO. CHULA VI;,TA MIGUEL RANCH NO.1 . SANZ&4"A"MAP PHASES 1, 'INIi'" MAP ~-,:--:... ,- ,-"'_u -W"."""'~.""M'_"m .ii:;~:~;;:2ê.;;:." 7-3 ~~I;~€~~"~5~-i;;~'::~ SHHT ]8 Lo-r-,- /~-~') I -':.~~ I ¡"~~ ( '\:----"""""?:$" /U..- .. \ " 7 / .. ..":~", .,.<' / \ /'~' ~~~ Attachment1 CHULA Map 14853 VISTA TRACT NO. . SAN MIGUEL RANCH PHASE 3 "A" MAP NO.1 INDEX MAP $ ~ SHEET 14 LOT "0" COUNTY OF SAN DIEGO CD .c' 0 V- '>-?-"' ~-?- ", 0,<0. 0,<0." Ú'. .... '<11.0- c-S: " 4<') "&<..¡ ".... '\'0 ~~>- -</ SHEET 6 7-4 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF ASSIGNABLE ACCESS EASEMENTS AND IRREVOCABLE OFFERS OF DEDICATION ASSOCIATED WITH LOTS "P", "Q", "R", "C" AND "0" OF SUBDIVISION MAP 14853 AND LOTS "0" AND "A" OF SUBDIVISION MAP NO. 14261; AUTHORIZING THE CITY CLERK TO RECORD SAID SUMMARY VACATION FOR EACH LOT INDIVIDUALLY PRIOR TO THE US FISH AND WILDLIFE SERVICE ACCEPTANCE OF EACH LOT WHEREAS, City Council approved resolution 2001-259 approving the "A" Map No. 14261 for San Miguel Ranch Phases one, two and four; and WHEREAS, on August 3, 2004 by Resolution 2004-246 City Council approved Subdivision Map No. 14853 for San Miguel Ranch Phase Three; and, WHEREAS, certain open space lots "P", "Q", "R", "C" and "0" were irrevocabiy offered for dedication to the City on Map 14853 and open space lots "0" and "A" were irrevocably offered for dedication to the City on Map 1414261; and, WHEREAS, assignable access easements to said preserve lots were accepted by the City with Map 14853; and WHEREAS, the US Fish and Wildlife Service is desirous of obtaining said open space lots without any City encumbrance on the property, and; WHEREAS, the City's intended use for the assignable access easements and preserve open space lots is no longer needed given that US Fish and Wildlife Service will be the new property owner. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista under its authority pursuant to Government Code §7050 and Chapter 4 of Part 3 of the California Streets and Highways Code, and specifically Section 8333, does hereby order the summary vacation of assignable access easements and irrevocable offers of dedication associated with lots "P", "Q", "R", "C" and "0" of subdivision map 14853 and lots "A" and "0" of subdivision map 14261. 7-5 BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to record said summary vacation for each lot individually prior to the US Fish and Wildlife Service acceptance of each lot. Presented by Approved as to form by Alex AI-Agha City Engineer C:IDocuments and Settings~ohnmulLocal SettingslTemporary Internet FilesIOLK1A3\SUMMARY VACATION Reso.doc 7-6 COUNCIL AGENDA STATEMENT Item 8 Meeting Date: 3/08/05 ITEM TITLE: Resolution Approving the Final "A" Map of Chula Vista Tract No. 05-07, McMillin Otay Ranch Village Seven; accepting on behalf of the City of Chula Vista, the easements granted on said Map within said Subdivision; accepting on behalf of the Public the public streets shown thereon; approving the Subdivision Improvement Agreement for the completion of improvements required by said subdivision; approving the associated Supplemental Subdivision Improvement Agreement, requiring developer to comply with certain unfulfilled conditions of Resolution No. 2004-331. SUBMITTED BY: Director of General Services / City Engineer ~ REVIEWED BY: City Manager ~oY (4/5ths Vote: Yes- No..l..J On October 12, 2004, Council approved a Tentative Subdivision Map for Otay Ranch Village Seven, Chula Vista Tract No. 05-07. Staff proposes that Council now consider approval of the McMillin Otay Ranch Village Seven "A" Map, its associated Subdivision Improvement Agreement, its associated Supplemental Subdivision Improvement Agreement and adoption of an Addendum to the Otay Ranch Village 7 SPA Plan Final ErR 04-06 to allow the issuance of building permits in Village 7 prior to the opening of SR125. Approval of these actions will allow Developers of Village 7 to obtain no more than 400 residential units. RECOMMENDATION: That City Council adopt the Resolution. BOARDS AND COMMISSIONS: N/A DISCUSSION: McMillin Otay Ranch Village Seven is a 194.2-acre project generally located south of Birch Road and west of SRl25 the northeastem portion of Otay Ranch Village 7, south of the Otay Ranch Village Six project. The project consists of II numbered lots, and 3 lettered lots. The Tentative Map was approved October 12, 2004 (Resolution No. 2004-331). The Final Map has been reviewed by the City Engineer and found to be in substantial conformance with the approved Tentative Map. The developer, McMillin Otay Ranch, LLC, has already paid all applicable fees. Council approval of the Final Map will constitute: Acceptance by the City of the landscape buffer, maintenance and easements; Acceptance by the City of the sidewalk easements with the rights of ingress and egress; Acceptance by the City of the assignable and irrevocable general utility and access easements, for the installation and maintenance of public utilities; Acknowledgement of irrevocable offers of dedication of open space lots and the public neighborhood park. 8-1 Item g , Page 2 Meeting Date: 3/08/05 Associated Agreements: In addition to Final Map approval, staff recommends that Council approve the following agreements associated with the project: I. Subdivision Improvement Agreement: Requires the Developer to complete the improvements required by said Subdivision. Security bonds have been provided, guaranteeing the completion of all improvements and monumentation required by the Municipal Code. 2. Supplemental Subdivision Improvement Agreement: Addresses several unfulfilled conditions of the Tentative Map approved by Resolution No. 2004-331. These conditions will remain in effect until completed by the Developer and/or their successors(s) in interest. The above agreements have been reviewed by staff, and approved as to form by the City Attorney. Addendum to Final EIR The City Council is also requested to consider and adopt an Addendum to the Final EIR 04-06. Traffic mitigation measure 4.3-2 requires that no units shall be constructed within Village 7 that would result in more than 8,990 units in the Eastern Territories (starting on Jan. 1,2003) until construction of SRl25 is fully completed. The conditions of approval for both Village 7 tentative maps, Otay Ranch Company's and McMillin's, include this mitigation measure as Condition No.9. However, the condition also states that the City Council, in its sole discretion, may authorize the issuance of permits beyond 8,990, if an alternative means of implementing the City Growth Management Ordinance is approved. The GMOC sets forth the minimum acceptable level of service for Traffic Monitoring Program arterials. The City has prepared and reviewed a traffic study that demonstrates, to the satisfaction of the City Engineer, there is sufficient capacity on Telegraph Canyon Road for 400 additional dwelling units beyond 8,990 in the Eastern Territories before GMOC thresholds are exceeded. The City Council is requested to consider the Addendum and to authorize issuance of additional units expressly for the purpose of facilitating the construction and opening of high school #13 in the southerly portion of the Village by assuring the timely extension of public utilities and access to the high school site. FISCAL IMP ACT: There is no impact to the General Fund. The developer has paid all fees and other costs associated with the proposed Final Map and agreements. Attachments: Attachment I: Plat of McMillin Otay Ranch Village 7 , Chula Vista Tract No. 05-07 Attachment 2: Developer's Disclosure Statement Attachment 3: Addendum to FEIR 04-06 Exhibit A: Subdivision Improvement Agreement Exhibit B: Supplemental Subdivision Improvement Agreement COB File No. OR454F J:\EngineerIAOENDAICAS200513-8-05IFinal Map ORY 7.doc 8-2 500' O' I"""""'-- - GRAPHIC SCALE: 1-------- I I I I I I I I \L- ~ ~ ...---- ~ ~ y ~ ~XHIBIT A-1 VILLAGE OF VISTA VERDE SITE PLAN Ii P&D CONSULTANTS, INC. . ...""'SAN""""""""'" ........" """""'^ "'QI "'-" ,"") ,,1-1"" "'" "'-,.,. .. ".'" """""" 7, - 8-3 ATTACHMENT 2. City of Chula Vista 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 ofChula Vista election must be filed. 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. If,{ ,1)1,//;'" ði\/~AI//.. LLC I ' 2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names ofany person serving as director ofthe non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Kbe!A/PII ¿U!J.~ð'<; Æ;V / . /&A/ /'5dL/~yðylA/l'v 1//* fpp ,/ ,k6A;J Cr¿ Has any person' associated with this contract had any financial dealings with an official" ofthe City of Chula Vista as it relates to this contract within the past 12 months. Yes- No~ {,~'JI A'7diY/J ~{ ¡'~¡{..Y,{/"4// h;w/ Z/I/'/# 8-4 City of Chula Vista Disclosure Statement 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 twelve (12) months to a current member of the Chula Vista City Council? No t Yes _If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes - N°--A- If Yes, which official" and what was the nature of item provided? Date ¿It It's- I SigrÍature of n: actor/Applicant é~ ÚAt'/h!-<lHtI/J VP Print or type name of Contractor/Applicant Person is defined as: any individual, finn, co-partnership, joint venture, association, social club, fj-aternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. nAtlom'y'ionn,"'"d"",, "",m,", 3.6.03 8-5 ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE 7 SECTIONAL PLANNING AREA PLAN AND TENTATIVE MAPS (FEIR 04-06) PROJECT NAME: Modification of Mitigation Measure 4.3-2 of the Final Environmental Impact Report for the Village 7 Sectional Planning Area Plan and Tentative Maps (FEIR 04-06) PROJECT LOCATION: Village 7 SPA - South of Birch Road, east of future La Media Road, and west of future Magdalena Road PROJECT APPLICANT: McMillin Otay Ranch, LLC and Otay Project LP CASE NO: EIR #04-06 DATE: March 1,2005 I. BACKGROUND Final Environmental Impact Report (FEIR) for the Village 7 Sectional Planning Area (SPA) Plan and Tentative Maps (TM) A Final Environmental Impact Report (FEIR) for the Village 7 Sectional Planning Area (SPA) Plan and Tentative Maps (TM), hereinafter referred to as the "Village 7 EIR", and Mitigation Monitoring and Reporting Program (MMRP) were certified on October 12, 2004 (FEIR 04-06) by Resolution No. 04-06. The Village 7 EIR and MMRP addressed TMs for two ownerships within the Village 7 SPA area, namely McMillin Otay Ranch, LLC and Otay Project LP. FEIR 04-06 identified significant, but mitigable, cumulative traffic impacts. Mitigation measure 4.3-2 would reduce the significant cumulative traffic impact to below significance, and it specifically states: "No units within Village 7 shall be constructed which would result in the total number of units within the Eastern Territories (starting on January 1, 2003), exceeding 8,990 units, prior to the construction of SR-125 between SR 54 and the International border" Tentative Maps and Conditions The McMillin Otay Ranch LLC Village of Vista Verde TM (CV Tract No. 05-07) and the Otay Ranch - Village 7 TM (CV Tract No. 05-09) were also approved on October 12, 2004 by Resolution Numbers 2004-331 and 2004-332, respectively. Condition #9 of both TMs state: "In accordance with mitigation measure 4.3-2 of Final FEIR 04-06 and associated MMRP, no units within Village 7 shall be constructed which would result in the 8.2.6 03/02/05 FEIR 04-06 Addendum total number of units within the Eastern Territories exceeding 8,990 (the start date for counting is January 1,2003), prior to the construction of SR-125 between SR- 54 and the International Border. Therefore, prior to approval of the first final map within the Project, Developer shall enter into an agreement with the City of Chula Vista, wherein Developer acknowledges and agrees that the City shall not issue building permits for residential units within Village 7, prior to the completion ofSR-125 to the International Border. Notwithstanding the foregoing, the City may issue building permits if the City Council, in it sole discretion, determines that each of the following conditions have been met: (1) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies, prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the project's cumulative significant traffic impacts to a level below significance without exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if the City Council, in its sole discretion, has approved an alternative method to implement the City's Growth Management Ordinance, as may be amended from time to time." Agreement for Monitoring of Building Permits The City and various developers in the Eastern Territories entered into separate agreements that would monitor the issuance of building permits east ofI-805 prior to the completion of SR-125. These agreements were based in part on the "Eastern Territories Traffic Capacity Analysis" prepared by Linscott, Law & Greenspan (LLG) dated April 10, 2003. This report estimated the number of additional dwelling units that could be built in the eastern territories of Chula Vista, pre- SR-125, before the City's Traffic Monitoring Program (TMP) thresholds would be exceeded. The April 10, 2003 report concluded that 8,990 units could be built (with the start date of January 1, 2003) before City thresholds would be exceeded. Hence, mitigation measure 4.3-2 from FEIR 04-06 and condition #9 from both Village 7 TMs used the 8,990 unit cap prior to SR-125 being opened on issuance of building permits to mitigate cumulative traffic impacts. II. THE PROPOSED PROJECT As noted above, FEIR 04-06 mitigation measure 4.2-3 does not allow the construction of units within Village 7 if it would result in the total number of units within the Eastern Territories (starting on January 21, 2003), to exceed 8,990 units, prior to the construction of SR-125 between SR 54 and the International border. Condition #9 of both TMs provide for the issuance of building permits prior to the construction of SR-125 provided that an alternative method to implement the City's Growth Management Ordinance is approved by City Council, at its sole discretion. The proposed project is a modification of mitigation measure 4.3-2 ofFEIR 04-06 and associated MMRP to allow an alternative method to reduce significant cumulative traffic impacts to below significance. As proposed, mitigation measure 4.3-2 would read: FEIR 04-06 Addendum 28-7 03/02/05 "No more than 400 building permits may be issued by the City within Village 7 prior to the completion of SR 125 to the International Border. Notwithstanding the foregoing, the City may issue additional building permits if the City Council, in it sole discretion, determines that each of the following conditions have been met: (1) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies, prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the project's cumulative significant traffic impacts to a level below significance without exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if the City Council, in its sole discretion, has approved an alternative method to implement the City's Growth Management Ordinance, as may be amended from time to time." Consistent with the revised mitigation measure 4.3-2 and condition #9, an alternative method of quantifying the significant cumulative traffic impact in the Eastern Territories was identified. A traffic study was prepared to determine if additional capacity is available in the Eastern Territories without exceeding the City of Chula Vista's Growth Management Ordinance. The conclusions of the study are discussed in Section IV. III. CEQA REQUIREMENTS Sections 15162 through 15164 of the State CEQA Guidelines discuss a lead agency's responsibilities in handling new information that was not included in a project's environmental document. Section 15162 of the State CEQA Guidelines provides: When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (a) (1) (2) (3) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or New information of substantial importance, which was not known and could not have been known with the exercise ofreasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or Negative Declaration; FEIR 04-06 Addendum 8-='8 03/02/05 b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; Mitigation measures or altematives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or Mitigation measures or altematives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. c. d. Section 15164 of the State CEQA Guidelines provides: (a) The lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum need not be circulated for public review but can be included in or attached to the final EIR. (c) The decision-making body shall consider the addendum with the [mal EIR prior to making a decision on the project. (d) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an ErR, the lead agency's required findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence. This Addendum to the Village 7 EIR has been prepared in accordance with the requirements of the City of Chula Vista Environmental Review Procedures and Sections 15162 and 15164 of the State CEQA Guidelines. As discussed in Section IV below, the proposed project would not result in new significant impacts or an increase in severity of the impacts disclosed in FEIR 04- 06. The proposed project is consistent with the land use and intensity of development assumed for the site in FEIR 04-06. No new information of substantial importance has been identified that was not known and could not have been known at the time the EIR was prepared. Further, the proposed project does not change the analysis and conclusions in the EIR. The mitigation measures identified in FEIR 04-06 would be equally applicable to the proposed project. IV. ANALYSIS LLG prepared a traffic study dated March 1, 2005 that addresses the potential for additional traffic capacity in the eastern territories prior to the opening of SR-125. The study was prepared to update the aforementioned "Eastern Territories Traffic Capacity Analysis" prepared by LLG dated April 10, 2003 specific to Village 7. The methodology in the April 2003 "Eastern FEIR 04-06 Addendum 48-9 03/02/05 Territories Traffic Capacity Analysis" estimated future traffic conditions using historical Traffic Monitoring Program (TMP) speed and traffic volumes to forecast future travel speeds. The April 2003 study determined that westbound Telegraph Canyon Road would be the initial roadway on which TMP thresholds would be exceeded. Using newly collected speed and volume data, the same methodology used in the April 2003 study was updated to determine if capacity exists for additional units on key roadways prior to the opening of SR-125. These units would be in addition to the limit of 8,990 units identified in the April 2003 study. The analysis was conducted in an identical fashion as compared to the April 2003 report. Similar to the April 2003 study, the initial traffic "constraint" in the eastern territories of Chula Vista was found to be westbound Telegraph Canyon Road in the morning (AM peak hour). Therefore, the capacity analysis focused on this roadway during this time period. Based on Select Zone Assignments, it was conservatively estimated that about 10% of Village 7 traffic would utilize Telegraph Canyon Road during the AM peak hour. The analysis concluded that there is capacity for up to 22 additional peak hour AM westbound trips on Telegraph Canyon Road without exceeding the TMP thresholds. This would allow to up to 400 additional units to be constructed within Village 7 prior to SR-125 without exceeding the TMP thresholds. Based on the traffic analysis, the revised mitigation measure 4.2-3 would reduce significant cumulative impacts to below significance. The traffic study demonstrates that no significant cumulative traffic impact would occur if up to 400 additional units within Village 7 (beyond the 8,990) are constructed in the Eastern Territories prior to SR-125. This Addendum modifies mitigation measure 4.3-2, thereby authorizing no more than 400 building permits to be issued for the Village 7 SPA prior to SR-125 at the discretion of the City Council. IV. CONCLUSION Pursuant to Sections 15162 and 15164 of the State CEQA Guidelines, and based upon the substantial evidence in the record supporting the above discussion, I hereby find that the proposed project will result in only minor technical changes or additions which are necessary to make the Village 7 EIR (EIR No. 04-06) adequate under CEQA. ~qh~/ij ~ ~/; Ma 'lyn . F. Ponseggi . Environmental Review Coordinator Attachment: Traffic Impact Analysis, Eastern Territories Traffic Capacity Analysis Update, Linscott, Law and Greenspan, March 1, 2005 Reference: Final EIR for the Village 7 SPA and TMs dated October 12, 2004 Final Village of Vista Verde TM Conditions of Approval October 12, 2004 FEIR 04-06 Addendum 8-10 03/02/05 Prepared by: John Boarman Principal . . : .'. '.' TRAFFIC IMPACT ANALYSIS OTAY RANCH VILLAGE 7 PRE-SR 125 ASSESSMENT Chula Vista, California March 1, 2005 Prepared for: City of Chula Vista Public Works Department Subdivision 276 Fourth Avenue Chula Vista, CA 91910 LLG Ref. 3-04-1502B 8-11 Linscon.law& Greenspan. Engineers 4542 Ruffner Street Suite 100 San Diego.CA92111 858.300.8800 T 858.300.8810 F www.llgengineers.com TRAFFIC IMPACT ANALYSIS aT A Y RANCH VILLAGE 7 PRE-SR 125 ASSESSMENT Chula Vista, California March 1, 2005 1.0 INTRODUCTION This traffic analysis has been prepared to answer the following question. "Can 400 single family units within the Otay ranch Village 7 be constructed pre SR -125 without exceeding the City of Chula Vista Traffic Monitoring Program (TMP) thresholds?" A prior traffic analysis (termed the Eastern Territories Traffic Capacity Analysis) was prepared by Linscott, Law and Greenspan Engineers (LLG) dated April 10, 2003. This prior report estimated the number of additional dwelling units that could be built in the eastern territories of Chula Vista, Pre SR-125, before City Traffic Monitoring Program (TMP) thresholds would be exceeded. The April 10,2003 report concluded that 8,990 residential units could be built (with a start date of January 1, 2003) before City thresholds would be exceeded (see Table 1-1). As Table 1-1 shows, 2,840 of these units were due to roadway widening and 6,150 was the base number of additional units, which could be built without any roadway improvements. Estimated Additional Capacitv and Improvements Completion Dwelling Date Units I) TMP Threshold Capacity Now 6,150 residential dwelling units 2) East H Street-Additional Lane June 2004 600 residential dwelling units 3) Telegraph Canyon Road-Additional Lane Apr 2005 1,300 residential dwelling units 4) I-80S/Olympic Parkway Interchange Improvements Nov 2005 940 residential dwelling units Total 8,990 residential dwelling units TABLE 1.1 RESIDENTIAL DWELLING UNIT SUMMARY Source: April I 0,2003 Traftic Study - Linscott. Law and Greenspan. Engineers LINSCOTT, LAw & GREENSPAN, engineers ) LLG Ref. 3-04-1502A Otay !ùinch Village 7 Pre-SR 125 Assessment C:\Documents and1>ettingsIDinoS\Local Settings\Temporary Internet Files\OLKI 0\1502B.doc 8-12 2.0 ANALYSIS METHODOLOGY The methodology in the April 10, 2003 eastern territories traffic analysis estimated future traffic conditions based on linear regression formulas which utilized historical TMP speed and traffic volumes to forecast future travel speeds. It was determined that westbound Telegraph Canyon Road would be the initial roadway on which TMP thresholds would be exceeded. This prior analysis also forecasted the amount of additional capacity which would be afforded by adding westbound lanes to East "H" Street and Telegraph Canyon Road and by completing improvements at the I-80S/Olympic Parkway interchange. This traffic study will update the base 6,150 dwelling unit amount using recently collected speed and volume data. The prior linear regression formulas (which determined the 6,150 dwelling unit amount) were based on 24 data points (travel speed/traffic volume correlations) and have been updated with 5 additional 2004 data points. LINSCOTT, LAw & GREENSPAN, engineers ) LLG Ref. 3-04-1502A Otay Ranch Village 7 Pre-SR 125 Assessment C:lDocuments anQ2;ettingslDinoSILocal SettingslTemporary Internet Files1OLK1011502B.doc 8-13 3.0 VILLAGE 7 TRIP GENERATION /DISTRIBUTION Based on previous Select Zone Assignments, it is conservatively estimated that about 10% of Village 7 traffic would utilize Telegraph Canyon Road during the AM peak hour. In addition, 400 single-family units are forecasted to generate 224 AM peak hour outbound trips based on SANDAG trip rates (400 * 10 ADT/unit * 8% during AM peak * 70% outbound). Ten (10) percent of these trips equates to 22 peak hour trips. Therefore, if the update to the linear regression equations resulted in the allowance of more than 22 peak hour trips from westbound Telegraph Canyon Road, it can be concluded that the answer to the question is "Yes". LINSCOTT, LAw & GREENSPAN, engineers ) LLGRef3.04-1502A atay Ranch Village 7 Pre-SR 125 Assessment C:\Documents amGiettings\DinoS\Local Settings\Temporary Internet Files\OLKI O\1502B.doc 8-14 4.0 ANALYSIS As previously mentioned, the initial traffic "constraint" in the eastern territories of Chula Vista has been found to be westbound Telegraph Canyon Road in the morning. Therefore, the analysis focuses on this roadway during this time period. The following is a discussion of the update of the linear regression equation. The April 2003 traffic study included 24 speed/volume data points to determine the base number of units, which could be constructed Pre SR 125. Based on speed surveys and traffic volume data collected in October and November 2004, 5 additional data points were included. A new linear regression equation was developed and an analysis was conducted in an identical fashion as compared to the April 2003 report. The results show that there is additional capacity available equivalent to 78 additional AM peak hour westbound trips on Telegraph Canyon Road, based on the following assumptions which are used to estimate the number of westbound AM peak hour trips each new home within the eastern territories would generate on Telegraph Canyon Road. . 9.3 ADTlhome (see 4/1 0/03 report for explanation) 8% of trips during AM peak hour (SANDAG research) 70/30 outbound/inbound split (SANDAG research) 25% of drivers use Telegraph Canyon Road . LINSCOTT, LAW & GREENSPAN, engineers ) LLGRe[3-04-l502A Olay Ranch Village 7 Pre-SR 125 Assessment C:IDocuments and< ;etlingsIDinoSILocal SettingslTemporary Internet Files1OLKIOI1502B.doc 8-15 TABLE 4.1 New HOME CAPACITY ON WESTBOUND TELEGRAPH CANYON ROAD Peak Hour Volumes Number Of Dwellinl! Units Jan 2003 LOSD Hourly Non- Split on Telegraph Conv. Assignment to Average Capacity Res. Use From Vol. Telegraph Only To Houses Multiplication Factor: 10% 70% (6-IOAM 8% of ADT) /.923/ 25% 30% (3-7PM 10% of ADT) 3.3333 50% (other 3% of ADT) 6.6666 12:00-1:00 AM 120 2,898 2,778 2,498 50% 16,651 66,603 I :00-2:00 AM 70 2,898 2,828 2,548 50% 16,984 67,936 2:00-3:00 AM 60 2,898 2,838 2,558 50% 17,051 68,203 3:00-4:00 AM 90 2,898 2,808 2,528 50% 16,851 67,403 4:00-5:00 AM 280 2,898 2,618 2,358 50% 15,717 62,870 5:00-6:00 AM 1,010 2,898 1,888 1,698 50% 11,317 45,270 6:00-7:00 AM 1,810 2,898 1,088 978 70% 1,880 7,520 7:00-8:00 AM 2,050 2,898 848 768 70% 1,476 5,905 8:00-9:00 AM 2,030 2,898 868 778 70% 1,495 5,982 9:00-10:00 AM 1,670 2,898 1,228 1,108 70% 2,130 8,520 10:00-11:00 AM 1,490 2,898 1,408 1,268 50% 8,451 33,803 11:00-12:00 PM 1,540 2,898 1,358 1,218 50% 8,118 32,470 12:00-1:00 PM 1,540 2,898 1,358 1,218 50% 8,118 32,470 1 :00-2:00 PM 1,500 2,898 1,398 1,258 50% 8,384 33,537 2:00-3:00 PM 1,630 2,898 1,268 1,138 50% 7,584 30,337 3:00-4:00 PM 1,930 2,898 968 868 30% 2,892 11,568 4:00-5:00 PM 1,650 2,898 1,248 1,128 30% 3,759 15,035 5:00-6:00 PM 1,650 2,898 1,248 1,128 30% 3,759 15,035 6:00-7:00 PM 1,370 2,898 1,528 1,378 30% 4,592 18,368 7:00-8:00 PM 1,050 2,898 1,848 1,668 50% 11,117 44,470 8:00-9:00 PM 960 2,898 1,938 1,748 50% 11,651 46,603 9:00-10:00 PM 840 2,898 2,058 1,848 50% 12,317 49,270 10:00-11:00 PM 480 2,898 2,418 2,178 50% 14,517 58,070 11:00-12:00 PM 300 2,898 2,598 2,338 50% 15,584 62,336 TMP Threshold (Based on 30-minute increments past the 2-hour threshold): 1st hour of LOS D (7:00 AM - 8:00AM) 5,905 Dwelling Units 2nd hour of LOS D (8:00 AM - 9:00AM) 5,982 Dwelling Units 2.5 hours of LOS D (Average of 2nd and 3rd hours) 6,751 Dwelling Units 3rd hour of LOS D (6:00 AM - 7:00AM) 7520 Dwelling Units LINSCOTT, LAw & GREENSPAN, engineers ) LLG Ref. 3-04-1502A Otay Ranch Village 7 Pre-SR 125 Assessment C:\Documents and$ettings\DinoSILocal SettingsITemporary Internet Files\OLKIOII502B.doc 8-16 5.0 CONCLUSIONS The construction of 400 units within Village 7 would generate 22 AM peak hour westbound trips on Telegraph Canyon Road. Based on the update to the prior linear regression equation, the new data shows an additional capacity for 78 AM peak hour westbound trips on Telegraph Canyon Road. Therefore, it can be concluded that 400 units within Village 7 could be constructed pre SR 125 without exceeding City of Chura Vista TMP thresholds. LINSCOTT. LAw & GREENSPAN, engineers ) LLG Ref. 3-04-1502A Otay Ranch Village 7 Pre-SR 125 Assessment C\Documents anca;ettlngs\DlnoSlLocal Settings\Temporary Internet Files\OLKI0\1502B.doc 8-17 RESOLUTION NO. 2005 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FINAL "A" MAP OF CHULA VISTA TRACT NO. 05-07, MCMILLIN OTAY RANCH VILLAGE SEVEN; ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA, THE EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION; ACCEPTING ON BEHALF OF THE PUBLIC THE PUBLIC STREETS SHOWN THEREON; APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION; APPROVING THE ASSOCIATED SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT, REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 2004-331. WHEREAS, the developer, the McMillin Otay Ranch, LLC, has submitted a final map for Otay Ranch Village 7; and WHEREAS, the developers have executed a Subdivision Improvement Agreement to install public facilities associated with the project; and WHEREAS, the developers have executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 2004-331; and WHEREAS, the City's Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project was adequately covered in previously adopted Otay Ranch Village Seven SPA Plan Final EIR 04-06 and that there is no significant new information and has, therefore, prepared an addendum to the Final EIR' Thus, no further environmental review or documentation is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula Vista Tract No. 05-07, McMillin Otay Ranch Village Seven "A" Map, particularly described as follows: Being a subdivision of Lot 10 of City Tract No. 02-03, McMillin Otay Ranch Village 6, "A" Map, all in the City of Chula Vista, County of San Diego, State of California, according to map no. 14432, filed in the Office of the County Recorder of San Diego County, August 30, 2002. Excepting therefrom the land conveyed to the state of California by grand deed recorded as instrument no. , all of official records of San Diego County, California, together with a portion of lot 23 of Otay Ranch in the County of San Diego, State of California, according to map thereof No. 862, filed in the office of the County Recorder of San Diego County, February 7,1900: Area: 194.239 Acres Numbered Lots: 11 No. of Lots: 14 Lettered Lots: 3 8-18 Resolution Page 2 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the public the public streets, to-wit: Rock Mountain Road, Peabody Way, Wolf Canyon Loop, Bob Pletcher Way and a portion of Magdalena Avenue, and said streets are hereby declared to be public streets and dedicated to the public use all as shown on said map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby accepts on behalf of the City of Chula Vista the landscape buffer, sidewalk, maintenance and assignable and irrevocable general utility and access easements, all as shown on McMillin Otay Ranch Village 7 "A" map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "A" and "C" for open space and other public purposes all as shown on McMillin Otay Ranch Village 7 "A" map within said subdivision. BE IT FURTHER RESOLVED that said Council hereby acknowledges on behalf of the City of Chula Vista the Irrevocable Offer of Dedication of Fee Interest of Lots "B" for public park purposes all as shown on McMillin Otay Ranch Village 7 "A" map within said subdivision. BE IT FURTHER RESOLVED that the City Clerk of the City ofChula Vista is hereby authorized and directed to endorse upon said map the action of said Council; that said Council has approved said subdivision map, and that said public streets are accepted on behalf of the public as therefore stated and that the Irrevocable Offer of Dedication of the fee interest of said lots be acknowledged, and that those certain easements as granted on McMillin Otay Ranch Village 7 "A" map within said subdivision are accepted on behalf of the City of Chula Vista as hereinabove stated. BE IT FURTHER RESOLVED that the Environmental Review Coordinator has reviewed the proposed project for compliance with the Califomia Environmental Quality Act and has determined that the proposed project will not cause any impacts other than those already covered in previously adopted Otay Ranch Village Seven SPA Plan Final EIR 04-06 and that there is no significant new information and has, therefore, prepared an addendum to the Final EIR. Thus, no further environmental review or documentation is necessary. The City Council has considered the addendum with the Final EIR 04-06 and hereby adopts the addendum. BE IT FURTHER RESOLVED that that certain Subdivision Improvement Agreement, for the completion of improvements in said subdivision, a copy of which is on file in the Office ofthe City Clerk is hereby approved. BE IT FURTHER RESOLVED that that certain Supplemental Subdivision Improvement Agreement for addressing on-going conditions of approval that will remain in effect and run with 8-19 Resolution 2002-131 Page 3 the land for the map, a copy of which is on file in the Office of the City Clerk is hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said agreements for and on behalf of the City ofChula Vista. Presented by Approved as to form by p~ Jack Griffin Director of General Services City Attorney 8-20 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 ~^f~ Ann Moore City Attorney Dated: 3 /Y-/~ Subdivision Improvement Agreement between The City of Chula Vista and McMillin Otay Ranch, LLC Village Seven (CVT 05-07) 8-21 Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency ofless than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this - day of , 2004, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", MCMILLIN OTAY RANCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, 2727 Hoover Ave., National City, CA, hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part ofthis Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City ofChula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as McMillin Otay Ranch Village Seven (CVT 05-07) pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the improvements and/or land development work required in said subdivision within a defmite period oftime prescribed by said Council; and WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will -1- 8-22 install and complete, at Subdivider's own expense, all the improvement work required by City in connection with the proposed subdivision and will deliver to City improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 2004-331, approved on the 12th day of October, 2004 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said improvement work have been prepared and submitted to the City Engineer, as shown on Drawing Sets 04075 (Rock Mountain Road), 04108(WolfCanyon Loop and Peabody Way), 04111 (Bob Pletcher Way Phase One), 04110 (Bob Pletcher Way Phase Two), 04078 (Magdalena Avenue), inclusive on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said improvements according to said plans and specifications has been submitted and approved by the City in the amount as set forth as follows: Rock Mountain Road - FOUR HUNDRED SIXTY THOUSAND DOLLARS AND NO CENTS ($460,000.00). Wolf Canyon Loop and Peabody Way - ONE MILLION SIX HUNDRED THOUSAND DOLLARS AND NO CENTS ($1,600,000.00). Bob Pletcher Way Phase One - TWO HUNDRED EIGHTY THOUSAND DOLLARS AND NO CENTS ($280,000.00). Bob Pletcher Way Phase Two - ONE HUNDRED EIGHTY FOUR THOUNSAND DOLLARS AND NO CENTS ($184,000.00), Magdalena Avenue - TWO MILLION THREE HUNDRED TWENTY THOUSAND DOLLARS AND NO CENTS ($2,320,000.00). Total estimated cost of improvements - FOUR MILLION EIGHT HUNDRED FORTY FOUR THOUSAND DOLLARS AND NO CENTS ($4,844,000.00). NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the improvement and/or land development work required to be done ;in and adjoining said subdivision, including -2- 8-23 the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefore, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all Improvement Work required under the provisions of this contract to be done on or before the second anniversary date of Council approval of the Subdivision Improvement Agreement. 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said subdivision, and such certificate shall not be issued until the City Engineer has certified in writing the completion of said improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of: Rock Mountain Road - TWO HUNDRED THIRTY THOUSAND DOLLARS AND NO CENTS ($230,000.00). Wolf Canyon Loop and Peabody Way - EIGHT HUNDRED THOUSAND DOLLARS AND NO CENTS ($800,000.00). Bob Pletcher Way Phase One - ONE HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS ($140,000.00). Bob Pletcher Way Phase Two - NINETY TWO THOUNSAND DOLLARS AND NO CENTS ($92,000.00), -3- 8-24 Magdalena Avenue - ONE MILLION ONE HUNDRED SIXTY THOUSAND DOLLARS AND NO CENTS ($1,160,000.00). Total amount of security for Faithful Perfonnance - TWO MILLION FOUR HUNDRED TWENTY TWO THOUSAND DOLLARS AND NO CENTS ($2,422,000.00). which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibit "A" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of: Rock Mountain Road - TWO HUNDRED THIRTY THOUSAND DOLLARS AND NO CENTS ($230,000.00). Wolf Canyon Loop and Peabody Way - EIGHT HUNDRED THOUSAND DOLLARS AND NO CENTS ($800,000.00). Bob Pletcher Way Phase One - ONE HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS ($140,000.00). . Bob Pletcher Way Phase Two - NINETY TWO THOUNSAND DOLLARS AND NO CENTS ($92,000.00), Magdalena Avenue - ONE MILLION ONE HUNDRED SIXTY THOUSAND DOLLARS AND NO CENTS ($1,160,000.00). Total amount of security for Labor and Materials - TWO MILLION FOUR HUNDRED TWENTY TWO THOUSAND DOLLARS AND NO CENTS ($2,422,000.00). to secure the payment of material and labor in connection with the installation of said improvements, which security is attached hereto, marked Exhibit "B" and made a part hereof and the bond amounts as contained in Exhibit "B", and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula Vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of TWO THOUSAND DOLLARS AND NO CENTS ($2000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "c" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion -4- 8-25 by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefore, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the' Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with City a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the improvements as provided here¿n. It shall also extend to damages resulting -5- 8-26 from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. 15. Assignability. Upon request of the Subdivider, any or all on-site duties and obligations set forth herein may be assigned to Subdivider's successor in interest if the City Manager in hislber sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in hislber sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as s]lch substituted securities meet the criteria for security as set forth elsewhere in this Agreement. Such assignment will be in a form approved by the City Attorney. -6- 8-27 SIGNATURE PAGE ONE OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OT A Y RANCH VILLAGE SEVEN "A" MAP (CVT 05-07) IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. THE CITY OF CHULA VISTA Stephen C. Padilla Mayor ATTEST: Susan Bigelow City Clerk Approved as to fonn by Ann Moore City Attorney -7- 8-28 SIGNATURE PAGE TWO OF TWO SUBDIVISION IMPROVEMENT AGREEMENT OTA Y RANCH VILLAGE SEVEN "A" MAP (CVT 05-07) McMillin Otay Ranch, LLC A Delaware limited liability company By: McMillin Management Services, loP. A California limited partnership Its: Manager By: Corky McMillin Construction Services, Inc. A California corpora' n Its: General P By: Its: v.I. (Attach Notary Acknowledgment) -8- 8-29 STATE OF CALIFORNIA COUNTY OF SAN DIEGO } }ss. } On February 24.2005 ,before me, Ann M. Futo. Notary Public personally appeared Frank Zaidle and Todd Galarneau, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature ~ -rr(. ~ t.- - - - ~='f~~~38-t ~. NoIaIV PublIC . catllomla ~ t -. San DIegO county i~ - - ~:",:",~~Jon23.:2cl m""""offid., col.,.".., Title of Document Subdivision Improvement Aqreement for the McMiliin Otav Ranch LLC Date of Document Other signatures not acknowledged No. of Pages 8-30 Not.cvFocm-2 ,,-"""" c"----,-- LIST OF EXHIBITS Exhibit "A" Improvement Security - Faithful Performance Form: Bond Amount: $2,422,000.00 Exhibit "B" Improvement Security - Material and Labor: Form: Bond Amount: $2,422,000.00 Exhibit "C" Improvement Security - Monuments: Form: Bond Amount: $2000.00 Securities approved as to form and amount by City Attorney Improvement Completion Date: Two (2) years from date of City Council approval of the Subdivision Improvement Agreement. J:\EngincerILanddevlProjectslMcMillin Otay RanchIVillage 710R454F Village 7 A MaplSIA3.doc -9- 8-31 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 .(2¡;~ jJ ~ ç Ann Moore City Attorney Dated: 3/~-/OS- Supplemental Subdivision Improvement Agreement for McMillin Otay Ranch, LLC Village Seven (CVT 05-07) "A" Map 8-32 RECORDING REQUEST BY: City Clerk WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP (Conditions: 1,2,3,4,5,7,8,9,10,11,12,14,16,18,21,22,23,27, 28,32,42,45,46,50,51,54,57,60,62,65,69, 70,83,87,88,89, 91,93,95,96,97,98, 101, 102, 104, 106, 111, 112, 113, 115, 121, 122,123,124,131,132,135,136,145,146,147,148,149,150,151, 152,153,154,155,156,157,158,159,160,161,166,167, 168, 169, 170, 171, 173, 174, 175, 176, and 177 of Resolution No. 2004-331) This Supplemental Subdivision Improvement Agreement ("Agreement") is made this_day of_, 2005, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording purposes only) and the signators of this Agreement, McMillin Otay Ranch, LLC, a Delaware Limited Liability Company, (referred to as "Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is part of Otay Ranch Village 7, a master planned development. For purposes of this Agreement the term "project" shall also mean "Property". Developer has applied for a final map for the Property, more specifically known as McMillin Otay Ranch Village 7 "A" Map. 8-33 B. Developer and/or Developer's predecessor in interest has applied for and the City has approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 05-07 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolution No. 2004-331 ("Resolution") on October 12,2004, pursuant to which it has approved a Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolution. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map of the property known as McMillin Otay Ranch Village Seven "A" Map ("Final Map") as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. Developer understands that subsequent final maps may be subj ect to the same security, terms and conditions contained herein. F. Lots 9 and 10 of the Final Map are condominium projects containing a maximum 316 residential units within Neighborhood R -6 and R - 7 of the Otay Ranch Village Seven SPA Plan, and as such this Final Map constitutes the final "B" map for those Neighborhoods. G. The following defined terms shall have the meaning set forth herein, unless otherwise specifically indicated: 1. For the purposes of this Agreement, "Final Map" means the [mal map for McMillin Otay Ranch Village Seven "A" Map. 2. "Owner or Developer" means the person, persons or entity having a legal or an equitable interest in the property or parts thereof and includes Owner's successors-in-interest and assignors of any property within the boundaries of the map. This includes McMillin Otay Ranch, LLC and any and all owners of real property within the boundaries of the Property, and all signatories to this Agreement 3. "Guest Builder" means those entities obtaining anymterest in the Property or a portion of the Property, after the Final Map has been recorded. 4. "PFFP" means the Otay Ranch Village Seven SPA Plan Public Facilities Finance Plan adopted by Resolution No. 2004-330 as may be amended from time to time. 5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2, approved by the City Council on June 4, 1996, as may be amended from time to time. 6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with the duties and responsibilities described therein. 7. "Village Seven SPA" means the Village Seven Sectional Planning Area Plan 2 8-34 as adopted by the City Council on October 12, 2004 pursuant to Resolution No. 2004-330. 8. "Addendum" means the Addendum to the Final Second-Tier Environmental Impact Report 04-06 considered by City Council on March 8, 2005. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Performance Obligation. McMillin Otay Ranch LLC, signator to this Agreement, represents to the City that it is acting as the master developer for this Proj ect and expressly assumes performance of the all obligations of this Agreement. Notwithstanding the foregoing, all parties to this agreement acknowledge and agree that all such obligations remain a covenant running with the land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good faith effort to execute on bonds securing the obligations contained herein to the extent necessary to complete any unfulfilled obligations of the master developer. 2. Agreement Applicable to Subsequent Owners. a. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. b. Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the covenants may be entitled. c. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project to a guest builder, Developer may request to be released from Developer's obligations under this Agreement, that are expressly assumed by the guest builder. Developer must obtain the written consent of the City to such release. Such assignment to the guest builder shall, however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The City shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City, its ability to perform its obligations lmder this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. 3 8-35 d. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement to the satisfaction of the City and such partial release will not, in the sole discretion of the City, jeopardize the likelihood that the remainder of the Burden will not be completed. e. Release of Individual Lots. Upon the occurrence of any of the following events, Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's designee), have the right to release any lot(s) from Developer's obligation under this Agreement: i. The execution of a purchase agreement for the sale of a residential lot to a buyer of an individual housing unit; ii. The conveyance of a lot to a Homeowner's Association. The City shall not withhold its consent to such release so long as the City finds in good faith that such release will not jeopardize the City's assurance that the obligations set forth in this Agreement will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this Agreement. Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii) conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such lot or parcel shall be automatically released from the encumbrance hereof. 3. Condition No.l- (General Preliminary) In satisfaction of Condition No.1 of the Resolution, Developer hereby agrees that all of the terms, covenants and conditions contained within the Resolution shall be binding upon and inure to the benefit of the heirs, successors, assigns and representatives of the Developer as to any or all of the Property. Unless specifically provided otherwise, nothing in this Agreement shall modify amend or waive the Resolution or any of the terms, conditions or covenants therein. 4. Condition No.2 - (General Preliminary). In satisfaction of Condition No. 2 of the Resolution, Developer agrees to comply with all requirements and guidelines of the City of Chula Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual; Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource Management Plan, Phase I and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs), Final Second-Tier Environmental Impact Report (Final EIR 04-06) and associated Mitigation Monitoring and Reporting Program (MMRP) and its Addendum; Otay Ranch Village Seven Sectional Planning 4 8-36 Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks, Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement Plan (AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head, with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head, with the approval of the City Manager, however, any material modifications shall be subject to approval by the City Council. 5. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted including issuance of building permits, deny, or further condition the subsequent approvals that are derived from the approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. City shall notify Developer 10 days prior to any of the above actions being taken by the City and Developer shall be given the opportunity to remedy any deficiencies identified by the City within 10 calendar days of the date of the notice. 6. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges to the Environmental Impact Report and subsequent environmental review for the Project and any or all entitlements and approvals issued by the City in connection with the Project. 7. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the Resolution, the Developer agrees to comply with all applicable Village Seven SPA conditions of approval, (PCM 04-05) as may be amended from time to time. 8. Condition No.7 (General Preliminary). In satisfaction of Condition No.7 of the Resolution, the Developer agrees that any and all agreements that the Developer is required to enter in hereunder shall be in a fonn approved by the City Attorney. 9. Condition No.8 - (General Preliminary). In partial satisfaction of Condition No.8 of the Resolution, the Developer agrees to provide funds to the Reserve Fund as required by the Reserve Fund Program. Developer further agrees, pursuant to the provisions of the Growth Management Ordinance and the Otay Ranch General Development Plan (GDP), to participate in the funding of the preparation of an annual report monitoring the development of the community ofOtay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. Developer further agrees that an annual review shall commence following the first fiscal year in which residential occupancy occurs in the Proj ect and is to be completed during the second quarter of the following fiscal year. Developer further agrees that 5 8-37 the annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP. 10, Condition No.9 - (General Preliminary). In satisfaction of Condition No.9 of the Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to FEIR 04- 06, no more than 400 building permits may be issued by the City within Village 7 prior to the completion ofSR125 to the International Border. Notwithstanding the foregoing, the City may issue additional building permits if the City Council, in its sole discretion, determines that each of the following conditions have been met: 1) SRl25 is constructed and open between SR54 and Olympic Parkway; and 2) traffic studies, prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the opening ofSRl25 to Olympic Parkway provides additional capacity to mitigate the proj ect' s cumulatively significant traffic impacts to a level below significance without exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if the City Council, in it's sole discretion, has approved an alternative method to implement the City's Growth Management Ordinance, as may be amended from time to time. 11. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of the Resolution, the Developer agrees to comply with the terms of the Conveyance Agreement, as may be amended from time to time, adopted by Resolution No. 18416 by the City Council on October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and Building. 12. Condition No. 11 - (Environmental). In satisfaction of condition No. II of the Resolution, the Developer agrees shall implement, to the satisfaction of the Director of Planning and Building and Environmental Review Coordinator, all environmental impact mitigation measures identified in Final EIR 04-06 (SCH#2003l1l 050), the candidate CEQA Findings and MMRP for this Project. 13. Condition No. 12 - (Compliance). In satisfaction of condition No. 12 of the Resolution, the Developer agrees to comply with all applicable requirements of the California Department ofFish and Game, the California State Water Resources Quality Control Board, the U.S. Fish and Wildlife Service and the U.S. Army Corps of Engineers. Developer further agrees that prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Seven Second-Tier Environmental Impact Report (EIR 04-06)(SCH#20031 I 1050), and MMRP. 14. Condition No. 14 - (Preserve Conveyance). In satisfaction of condition No. 14 of the Resolution, the Developer agrees that prior to the approval of each final "B" map for the Project, the Developer shall comply with all requirements and policies of the Otay Ranch Resource Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase 2 Resource Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City Council on June 4, 1996, and as may be amended from time to time by the City 15. Condition No. 16 - (POM). In satisfaction of condition No. 16 of the Resolution, 6 8-38 the Developer agrees that simultaneously with conveyance ofland to the Preserve OwnerlManager (POM) in fee title or by easement, the Developer shall cease all cattle grazing on the land to be conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City, that cattle from adjacent areas cannot access the land being conveyed. Developer further agrees to comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction of the Director of Planning and Building. 16. Condition No. 18 - (POM). In satisfaction of Condition Nos. 18, the Developer agrees as follows: a. The Developer has provided the City with Irrevocable Offer of Dedication for 229.69 acres of real property in accordance with the RMP 2, a portion of which is intended to satisfy the particular acreage conveyance obligation of McMillin's Village 7 at a rate of 1.188 acres of conveyance per acre of area within the Final Map, as of the date of this Agreement. But such obligation may be subject to change in accordance with paragraph c below. Any remaining amount shall be credited towards any future map obligations. b. That such dedicated property shall be granted in fee title to the City and County of San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the Preserve OwnerlManager not approve this conveyance, Developer agrees to convey equivalent real property that complies with this provision. c. That Developer shall convey additional real property, if necessary; in order to comply with the conveyance formula described in RMP 2, as may be amended by City. Developer acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres per developable acre. d. That all land to be conveyed as described above shall be free and clear of liens and encumbrances except for easements for existing public infrastructure and other easements approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2. Developer further agrees to pay all taxes and assessments as they came due as to the land to be conveyed until title has legally transferred to the City and County of San Diego. e. Developer acknowledges that property within the boundaries of the "A" Map which will be the subject of future [mal maps may have conveyance obligations to fulfill for all development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope areas shown on the "A" Map. 17 Condition Nos. 21 & 22 - (Noise Barriers). In partial satisfaction of condition No. 21 and satisfaction of condition No. 22 of the Resolution, the Developer has provided security for the noise barriers required for Neighborhoods R6 and R7 (Lots 9 and 10, respectively) of the project in the amount set forth on Exhibit "B". Developer agrees that unless required noise barriers are 7 8-39 constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL or greater as described in the Acoustical Study required by mitigation measure 4.4.1 and the Acoustical Impact Analysis by Giroux & Associates, dated June 1,2004 and the Noise Technical Report for Otay Ranch Village Seven by RECON, dated February 23,2004, unless earlier modified by agreement with the City of Chula Vista, CTV or its successor in interest, and Developer. Developer further agrees that all noise barrier design and construction adjacent to SR-125 shall be coordinated with the City of Chula Vista, CALTRANS, and CTV or its successor in interest. Developer acknowledges that noise barrier design and construction adjacent to SR-125 may be modified should a subsequent acoustical study demonstrate to the satisfaction of the Director of Planning and Building that the applicable noise standards will be achieved by a modified design. 18. Condition No. 23 - (Coordinate). In satisfaction of condition No. 23 of the Resolution, the Developer agrees to make a good-faith effort to coordinate development and implementation of the Village Seven SPA Plan Area with all other developers within Village Seven including phasing, grading, improvements and dedication of right-of-way. 19. Condition No. 27 - (Oversizing). In satisfaction of condition No. 27 of the Resolution, the Developer agrees that in the event of a filing of a final 'B' Map which requires oversizing of the improvements necessary to serve other properties within the Project, said final map shall be required to install all necessary improvements to serve the project plus the necessary oversizing of facilities required to serve such other properties (in accordance with the restrictions of state law and City ordinances). 20. Condition No. 28-(Signage). In satisfaction of condition No. 28 of the Resolution, the Developer agrees that prior to issuance of the first building permit, Developer shall submit for review and approval a sign program to the Director of Planning and Building and shall post temporary signs on all neighborhoods within the Project indicating the future land use(s) for said sites with signage consistent with the sign program. Developer acknowledges that temporary signs shall be maintained in place until such time as a project is approved for any such future land use site. 21. Condition No. 32 - (Street Trees). In partial satisfaction of condition No. 32 of the Resolution, the Developer agrees: a. To install all street trees in accordance with Section 18.28.10 of the Chula Vista Municipal Code; b. That all street trees shall be planted in parkways, or as otherwise approved by the Director of Planning and Building; c. That street trees, which have been selected from the revised list of appropriate tree species described in the Village Seven Design Plan, Village Seven SPA Plan, Fire Protection Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and the Director of Public Works; 8 8-40 d. That prior to the installation of any dry utilities, including by not limited to cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement plans that show the locations of all future street trees; e. All street tree improvement plans shall be subject to the review and approval of the Director Of General Services and the Director of Planning and Building; f. That prior to any utility installation, wood stakes shall be placed and maintained in the locations as shown on approved landscape plans and that such stakes shall remain in place until all dry utilities are installed; g. street tree location; That said wood stakes shall be painted a bright color and labeled as future h. To provide the City documentation, acceptable by the Director Of General Services and the Director of Planning and Building, that all utility companies have been given notice that no dry utility line shall be located within five feet of the wood stake in any direction; and i. To maintain street tree identification stakes in a location as shown on approved plans until all dry utilities are in place. 22. Condition No. 42 - (PFDIF). In satisfaction of condition No. 42 of the Resolution, the Developer agrees to participate in the funding of revisions of the Public Facilities Development Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the City Manager or his designee and subject to the approval of the City Council. 23. Condition No. 45 - (Fire). In satisfaction of condition No. 45 of the Resolution, the Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as may be amended from time to time. The Developer further agrees to provide the following items either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible materials on any construction site on the Project, whichever occurs earlier: a. Water supply consisting of fire hydrants as approved and indicated by the Fire Department during plan check to the satisfaction of the Fire Department. Any temporary water supply source is subject to prior approval by the Fire Marshal. b. Emergency vehicle access consisting of a minimum first layer of hard asphalt surface or concrete surface, with a minimum standard width of20 feet. c. Street signs installed to the satisfaction of the City Engineer. Temporary street signs shall be subject to the approval of the City Engineer and Fire Department. Developer 9 8-41 acknowledges and agrees that the locations and identification of temporary street signs shall be subject to review and approval by the City Engineer and Fire Department. 24. Condition No. 46 - (Fire Hydrants). In satisfaction of condition No. 46 of the Resolution, the Developer agrees that depending on the location of improvements such as cul-de- sacs, alleys, driveways or when special circumstances exist in a subdivision design, as determined by the Fire Marshal, the Developer shall install additional fITe hydrants upon request and to the satisfaction of the Fire Department. 25. Condition No. 50 - (School Site). In satisfaction of condition No. 50 of the Resolution, the Developer agrees to construct and secure to the satisfaction of the City Engineer, the following improvements: a. All necessary improvements, upon the request of the City Engineer, for providing ingress and egress to the Elementary School (S-3). Developer acknowledges and agrees that this requirement shall also include but is not limited to any required modification to medians, storm drainage system, street lights, planting and irrigation improvements; and, b. At the request of the City Engineer, Developer shall submit a traffic signal warrant analysis for the ingress and egress to the Elementary School S-3. If traffic signal warrants are met, Developer agrees to construct traffic signal improvements for vehicular ingress and egress to the Elementary School S-3 26. Condition Nos. 51, 150, 152 - (Transit Facilities). In satisfaction of condition Nos. 51, 150, 152 of the Resolution, the Developer agrees: a. Fund and install Chura Vista transit facilities within the tentative map boundary when directed by the Director of Public Works. The improvement plans for said stops shall be prepared in accordance with the transit stop details described in the Village Seven Design Plan and Village Seven PFFP and as approved by the Directors of Planning and Building and Director of Public Works; b. Design and construct transit facilities in a manner as approved by the City's Transit Coordinator and the Director of Planning and Building; c. Not protest the formation of any future regional benefit assessment district to finance the MTDB San Diego Trolley LRT, BRT, or other transit system; and d. Not protest the formation of any future regional benefit assessment district to fmance the transit system. 27. Condition No. 54 - (Private facilities). In satisfaction of condition No. 54 of the 10 8-42 Resolution, the Developer shall not install privately owned water, reclaimed water, or other utilities crossing any public street. Developer acknowledges that the installation of sleeves for future construction of privately owned facilities may be allowed subject to the review and approval of the City Engineer if the following is accomplished: a. The developer enters into an agreement with the City where the developer agrees to the following: i. Apply for an encroachment permit for installation of the private facilities within the public right-of-way; and, ii. Maintain membership in an advance notice such as the USA Dig Alert Service; and, iii. Mark out any private facilities owned by the developer whenever work is performed in the area; and, iv. The terms ofthis agreement shall be binding upon the successors and assigns of the developer. b. Shutoff devices as determined by the City Engineer are provided at those locations where private facilities traverse public streets. 28. Condition No. 57 -(Street Name Signs). In satisfaction of condition No. 57 of the Resolution, the Developer agrees that prior to approval of each final map for the Project, Applicant shall agree to install permanent street name signs, and shall install such signs prior to the issuance of the first building permit for production homes for the applicable fmal map. 29. Condition No. 60 - (Drainage Maintenance). In satisfaction of condition No. 60 of the Resolution, the Developer shall provide drainage improvements in accordance with the Otay Ranch Village Seven Village of Vista Verde Preliminary Drainage Study, dated May 24,2004, or a subsequent Hydrology Study submitted to and approved by the City Engineer. Developer agrees to maintain all such drainage improvements until the City, an applicable maintenance district, or other mechanism as approved by the City formally accepts said improvements for maintenance. Said maintenance shall ensure that drainage facilities will continue to operate as designed. The Developer further agrees to maintain, or cause to be maintained, the Receiving Waters of the United States of America described in the Regional Water Quality Control Board (RWQCB) 401 Water Quality Certification (401 Certification) for the project and cont<iined within Lot "C" of the Final map in accordance with the terms and conditions of the approved Water Quality and Stream Morphology Plan required by said 40 I Certification, until the City accepts the Receiving Waters for maintenance by the Village 7 open space maintenance district, or other entity approved by the City and the RWQCB. The developer further acknowledges and agrees that the terms of acceptance of the Receiving Waters by the City shall be the subject of an agreement between the City and Developer that shall be completed prior to the approval 11 8-43 of the next Final "B" Map for the project. 30. Condition No. 62 - (Encroachment). In satisfaction of condition No. 62 of the Resolution, the Developer agrees storm drain systems that collect water from private property shall be designated private on grading and drainage and/or improvement plans to the point of connection with a public system or to the point at which storm water that is collected from public street right-of-way, public park or open space areas is first introduced into the system. Developer agrees that downstream from that point, the storm drain system shall be public and an encroachment permit shall be processed and approved by the City for private storm drains within the public right-of-way or within C.F.D. maintained Open Space lots. 31. Condition No. 65 - (Drainage). In satisfaction of condition No. 65 of the Resolution, the Developer agrees that all storm drain design shall conform to the requirements of the Subdivision Manual and the Grading Ordinance as may be amended from time to time. 32. Condition No. 69- (Easements). In satisfaction of condition No. 69 of the Resolution, the Developer agrees to grant on the appropriate fmal "B" map a IS-foot minimum drainage and access easement for public storm drain lines located between residential units unless otherwise directed by the City Engineer. 33. Condition No. 70 - (NPDES). In satisfaction of condition No. 70 of the Resolution, the Developer agrees to the following: a. That development of the subdivision shall comply with all applicable regulations established by the United States Environmental Protection Agency (USEP A) as set forth in. the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the N.P.D.E.S. regulations or requirements; b. To file a Notice of Intent with the State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with Construction Activity and shall implement á Storm Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities; c. That the SWPPP shall include both construction and post construction pollution prevention and pollution control measures and shall identifY funding mechanisms for post construction control measures; d. To comply with all the provisions of the N.P.D.E.S. and the Clean Water Program during and after all phases of the development process, including but not limited to: mass grading, rough grading, construction of street and landscaping improvements, and construction of dwelling units; 12 8-44 e. To design the Project's storm drains and other drainage facilities to include Best Management Practices to minimize non-point source pollution, satisfactory to the City Engineer; f. That the San Diego Regional Water Quality Control Board has issued a new Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing Criteria for new residential development; and g. To comply with all relevant City regulations and policies including, but not limited to, incorporation into the design and implementation of the Project temporary and permanent structural Best Management Practices and non-structural mitigation measures that would reduce pollution of storm water runoff to the maximum extent practicable. 34. Condition No. 83 - (Poggi Canyon Monitoring Program). In satisfaction of condition No. 83 of the Resolution, the Developer agrees to participate and shall thereafter participate in any necessary funding for implementing a Poggi Canyon sewer trunk monitoring program, as determined by the City Engineer. Developer agrees that the sewer trunk monitoring program shall include an analysis of the remaining capacity of the Poggi Canyon/Date-Faivre sewer system and that such analysis shall demonstrate to the satisfaction of the City Engineer that sufficient capacity exists for the number of ED Us contained in all final maps for the Project submitted to the City pursuant to the limits set forth in the PFFP. Developer further agrees that the analysis shall include all flows, including pumped flows, entering the Poggi Canyon Trunk Sewer, not just from Village Seven, or from within the Poggi Canyon gravity basin. This requirement shall remain in effect until completion of the Rock Mountain Road Trunk Sewer project and transfer of the interim Poggi Canyon sewer flows to the Rock Mountain sewer. 35. Condition No. 87 - (poggi Canyon Sewer DIF). In satisfaction of condition No. 87 of the Resolution, the Developer agrees that prior to issuance of any building permit for equivalent dwelling units (EDU's) 1 through 190 in the Project within the Poggi Canyon Sewer Basin, the Poggi Canyon Gravity Sewer DIF in effect at the time of issuance shall be applied to each building permit. Developer further agrees that in the following cases, the Salt Creek Sewer Interceptor DIF in effect at the time of issuance shall be applied to each building permit: i. any EDU to be issued after the 190th building permit, regardless of which sewer basin the unit is located; ii. any EDU located within the Salt Creek/Wolf Canyon Sewer Basin. 36. Condition No. 88 - (Parks). In satisfaction of condition No. 88 of the Resolution, the Developer agrees that the Village Seven Project shall satisfy the requirements of the Park Land Dedication Ordinance (PLDO) which establishes a requirement that the project provide three (3) acres of local parks and related improvements per 1,000 residents. Developer further agrees that this requirement shall be satisfied through the dedication of parkland and the payment of PAD fees that 13 8-45 enable the provision of a 7.0 net useable-acre Neighborhood Park (P-l). Developer has paid a portion of the PAD fees in the amount of$885,748.00 to satisfy the park development portion of the PAD fee obligation of Neighborhoods R-6 and R- 7. Developer further agrees that the remaining requirement shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a combination thereof in a manner acceptable to the Director of General Services. Developer agrees that at no time shall there be a deficit in local parks for the project and that common useable open space shall not receive park credit. 37. Condition No. 89 - (Parks). In satisfaction of condition No. 89 of the Resolution, the Developer agrees to comply with the provisions of the City ofChula Vista Parks and Recreation Master Plan as adopted and as it affects facility and other related requirements for the Project's parks. 38. Conditions No. 91 and 95- (Landscape Master Plan and Conceptual Wall and Fence Plan). In satisfaction of condition No. 91 and 95 of the Resolution, the Developer shall have prepared, submitted to and received approval from the Director of General Services of a comprehensive Landscape Master Plan (LMP) for the Project within sixty (90) days from the date of this Agreement, or prior to the approval of the first [mal "B" map for the project, whichever occurs first. Developer acknowledges that landscape improvement plans for the project that depend on completion of the LMP shall not be approved before approval of the LMP. Developer agrees that the approval shall be indicated by means of the Director of Planning and Building's, or designee's, signature and date on said Plan and that the contents of the LMP shall conform to the City staff checklist and include the following major components: a. Maintenance Responsibility Plan (delineates private and public property and indicates the maintenance responsibility for each); b. Master Irrigation Plan (includes mainline and point of connection locations); c. Master Planting Plan (includes landscape concept statement); d. Fire Protection Plan (identifies brush management zones and treatment, if any); e. Hardscape Concept and Trail Plan (identifies types and finishes of paving); f. Utility Coordination Plan (includes locations of major utility boxes and vaults); g. Conceptual Wall and FencePlan'(includes the previously approved noise barrier plan); and h. Monumentation and Signage Plan (includes enlargements of entry monument locations and signage concepts) 39. Condition No. 93 - (Slope Erosion Control). In satisfaction of condition No. 93 of 14 8-46 the Resolution, the Developer agrees to install landscape and irrigation slope erosion control in accordance with approved plans no later than six months from the date of issuance of the grading permit. Developer agrees that if the work cannot be completed within the specified time, Developer may request an extension, which may be granted at the discretion of the Director of Planning & Building. Developer acknowledges that such a request shall be submitted for approval in writing to the Planning & Building Department sufficiently in advance of the end of the six-month timeframe to allow processing of the extension. Developer further agrees that notwithstanding the time of installation of landscape, and irrigation slope erosion control, Developer agrees to remain in compliance with NPDES. 40. Condition No. 96 - (Walls). In satisfaction of condition No. 96 of the Resolution, the Developer agrees that prior to constructing a solid masonry, view wall or like wall which will adjoin a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is subject to the approval of the Director of Planning and Building. Developer further agrees to work together with other developers of Village Seven to the satisfaction of the Director of Planning and Building in order to construct transitions between adjoining walls 41. Condition No. 97 - (Landscape and Irrigation Plans). In satisfaction of condition No. 97 of the Resolution, the Developer shall install all improvements in accordance with approved Landscape and Irrigation Plans to the satisfaction of the Director of General Services and the City Engineer. Developer further agrees to furnish and deliver to the City of Chura Vista, simultaneously with the execution of this Agreement, sufficient securities for construction of the Landscape and Irrigation Plans approved by the City Engineer and City Attorney in the sums as set forth on Exhibit "B". 42. Condition No. 98 - (Underground Utilities). In satisfaction of condition No. 98 of the Resolution, the Developer agrees to install underground utilities to the property line of the Project's park site (P-1) to the satisfaction of the Director of General Services and the City Engineer concurrently with the installation of underground utilities for any portion of the Project adjacent to the park site or upon request of the General Services Director, whichever occurs earlier.. 43. Condition No. 101- (park Grading). In satisfaction of condition No. 101 of the Resolution, the Developer agrees Applicant shall rough grade the Project's park site (P-1) as shown on the approved grading plan, at no cost to the City, which costs shall not be credited toward PDO, to the satisfaction of the City Engineer and the Director of General Services. 44. Condition No. 102 - (park Grading). In satisfaction of condition No. 102 of the Resolution, the Developer agrees to submit grading and/or construction plans for that portion of Magdalena Avenue which borders Park P-1 to show that Magdalena Avenue meets elevation requirements as approved by the City Engineer and as generally shown on the conceptual design for the Elementary School & Park included within the SPA plan. Developer acknowledges that should the Park P-1 site fail to accommodate a 7.0 net usable acre park based on the approved Village Seven Park Master Plan, then the deficiency shall be provided at a location approved by the Director of General 15 8-47 Services. 45. Condition No. 104 - (Trails). In satisfaction of condition No. 104 of the Resolution, the Developer agrees that when trails extend to the property limits and are intended to continue into an adjacent property, Developer agrees to coordinate alignments, trail and fencing materials and construction methods with other developers within Village Seven, so as to provide a seamless transition from one ownership to another. 46. Condition No.1 06 - (Regional Trails). In partial satisfaction of condition No. 106 of the Resolution, the Developer agrees to construct a connector trail concurrent with said Regional Trail from the Regional Trial to OS-I 0 and shall include a pedestrian bridge crossing the drainage channel. 47. Condition No. 111 - (Accessibility). In satisfaction of condition No. III of the Resolution, the Developer agrees to comply with the current Regulatory Negotiation Committee Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be amended from time to time, developed for U.S. Architectural and Transportation Barriers Compliance Board when designing all trails and trail connections. 48. Condition No. 112 -(CFD). In satisfaction of condition No. 112 of the Resolution, the Developer agrees that in the event Developer wishes to request the formation of a Maintenance District or similar funding mechanism, the Developer shall submit an application packet for formation of a Community Facilities District (CFD), and submit the request for CFD formation to the City Council for consideration. Developer acknowledges that the CFD shall be formed prior to approval of the first "B" map for the Project and subject to the approval of the Director of Public Works. Developer agrees to submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to the cost of any detention basin maintenance and structural storm water quality BMP's within the Project. Developer agrees to maintain the open space improvements for a minimum period of one year or until such time as accepted into the open space district by the Director of Public Works. Developer acknowledges that if Council does not approve the CFD formation, another fmancing mechanism such as a Master Homeowners Association, or an endowment shall be established and submitted to the City Council for consideration prior to approval of the first map Along with submission of the application package for formation of the CFD, Developer further agrees to submit an initial cash deposit in an amount to be determined by the City Engineer to begin the process of formation of the Open Space District. Developer acknowledges that all costs of formation and other costs associated with the processing of the open space relating to this Project shall be borne by the Developer and shall provide all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer for processing the formation of the proposed open space district. 49. Condition No. 113 - (CCRs). In satisfaction of condition No. 113 of the Resolution, Prior to the approval of the first final "B" Map, the Developer agrees to: a. Submit evidence, acceptable to the City Engineer and the Director of Planning and Building of the formation of a Master Homeowner's Association (MHOA), or another fmancial 16 8-48 mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of those landscaping improvements that are not to be included in the proposed fmancial mechanism. The City Engineer and the Director of Planning and Building may require that some of those improvements shall be maintained by the Open Space District. The fmal determination of which improvements are to be included in the Open Space District and those to be maintained by the MHOAshall be made during the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas in the event the City Engineer and Director of Planning and Building requires such annexation of future tentative map areas. The MHOA formation documents shall be subject to the approval of the City Attorney; and, b. Submit for City's approval the CC&Rs, grant of easements and maintenance standards and responsibility of the MHOAs for the open space areas within the Project area. Developer agrees to establish a MHOA that will indemnify, defend and hold the City and its officers and employees harmless from any actions of the MHOA in the maintenance of such areas; and, c. Submit and obtain approval of the City Engineer and the Director of Planning and Building of a list of all Otay Ranch Village Seven SPA and MHOA facilities and other items to be maintained by the proposed district. Separate lists shall be submitted for the improvements and facilities to be maintained by the Open Space District and those to be maintained by a Master Homeowner's Association. Include a description, quantity and cost per year for the perpetUal maintenance of said improvements. These lists shall include but are not limited to the following facilities and improvements: i. All facilities located on open space lots to include but not be limited to: walls, fences, water fountains, lighting stmctures, paths, trails, access roads, drainage structures and landscaping. Each open space lot shall also be broken down by the number of acres of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the estimation of a maintenance budget thereof. ii. The proportional share of medians and parkways along Rock Mountain Road, Magdalena Avenue and Birch Road (onsite and offsite) and all other street parkways proposed for maintenance by the applicable Community Facilities District or Homeowners' Association. iii. The proportional share of the detention basin located in the Poggi Canyon Basin and the Wolf Canyon Extended Detention Basins and Water Quality Treatment Forebay in accordance with the "Maintenance Plan for Wolf Canyon dated, July 15, 2004. 50. Condition No.lI5 - (CCRs). In satisfaction of condition No. 115 of the Resolution, the Developer agrees that prior to the approval of each Final "B" Map, Declaration or Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R' s) shall be submitted and subject to the approval of the City Engineer. Developers further agrees that the CC&R's shall include the following 17 8-49 obligations of the Master Homeowners Association: a. A requirement that the MHOA shall maintain comprehensive general liability insurance against liability incident to ownership or use of the following areas: i. All open space lots that shall remain private, ii. Other Master Association property. b. Before any revisions to provisions of the CC&R' s that may particularly affect the City can become effective, said revisions shall be approved by the City. The MHOA shall not seek approval from the City of said revisions without the prior consent of 1 00 percent of the holders of first mortgages or property owners within the MHOA. c. The MHOA shall defend, indemnify and holdharm1ess the City and its agents, officers and employee from any claims, demands, causes of action liability or loss related to or arising from the maintenance activities of the MHOA. d. The MHOA shall not seek to be released by the City from the maintenance obligations described herein without the prior consent of the City and 100 percent of the holders of first mortgages or property owners within the MHOA. e. The MHOA is required to procure and maintain a policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than one million dollars combined single limit. The policy shall be acceptable to the City and name the City as additionally insured to the satisfaction of the City Attorney. f. The CC&R's shall incorporate restrictions for each lot adjoining open space lots containing walls maintained by the open space district to ensure that the property owners know that the walls may not be modified or supplemented nor may they encroach on City property. g. The CC&R's shall include provisions assuring maintenance of all streets, driveways, drainage and sewage systems which are private. h. The CC&R's shall include provisions assuring MHOA membership in an advance notice such as the USA Dig Alert Service in perpetuity. i. The CC&R's shall include provisions that provide the City has the right but not the obligation to enforce the CC&R provisions the same as any owner in the Project. j. The CC&R provisions setting forth restrictions in these Tentative map conditions may not be revised at any time without prior written permission of the City. 18 8-50 k. The MHOA shall not dedicate or convey for public streets, land used for private streets without approval of 100% of all the HOA members or holder of first mortgages within the MHOA. I. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's shall also include language which states that any proposal by the HOA to allow "speed bumps" in the future shall require prior written approval of 100% of all the Homeowners Association members. 51. Condition No. 121- (protest Formation). In satisfaction of condition No. 121 of the Resolution, the Developer agrees to not protest fonnation or inclusion in a maintenance district or zone for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the subject subdivision. 52. Condition No. 122 - (Parkways). In satisfaction of condition No. 122 of the Resolution, the Developer acknowledges that street parkways within the Project shall be maintained by an entity such as a Master Home Owner's Association (MHOA) or a Community Facilities District (CFD) and that private homeowners shall not maintain the parkways. Developer agrees that street parkways shall be designated as recycled water use areas, if approved by the Otay Water District and San Diego County Department of Environmental Health. 53. Condition No. 123 - (Landscape and Irrigation). In satisfaction of condition No. 135 of the Resolution, the Developer agrees to place a cash deposit, or other funding mechanism acceptable to the City, in the City's sole discretion, with the City which will guarantee the maintenance oftheL&I improvements until the City accepts said improvements. Developer acknowledges that in the event the improvements are not maintained to City standards as determined by the City Engineer and the Director General Services, the deposit shall be used to perfonn the maintenance and the amount of the deposit shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as determined by the City Engineer. Developers agrees that any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or returned to the Developer, according to the following: a. If, 6 months prior to the scheduled date of acceptance of Landscape and Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve Account, or; b. Ifthe Reserve Account is at or above the Minimum Deposit Amount, the lillused portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six months of the maintenance period if the maintenance is being accomplished to the satisfaction of the Director of General Services 54. Condition No. 124 - (Open Space). In satisfaction of condition No. 124 of the Resolution, the Developer agrees that prior to City acceptance of any open space lots, the Developer 19 8-51 shall demonstrate to the satisfaction of the City Engineer, that the assessments/bonded indebtedness for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the parcel(s). 55. Condition No. 131 - (Sight Visibility). In satisfaction of condition No. 131 of the Resolution, the Developer agrees to design landscape and irrigation plans such that street tree placement is not in conflict with the visibility of any traffic signage. Developer further agrees that Developers shall be responsible for the removal of any obstructions of said traffic signs to the satisfaction of the City Engineer. 56. Condition No. 132 - (Private Easements). In satisfaction of condition No. 132 of the Resolution, the Developer agrees to grant easements to subsequent owners pursuant to Section 18.20.150 of the Municipal Code on any final map that proposes private utilities or drainage facilities crossing property lines as directed by the City Engineer. 57. Condition No. 135-(PrivateEasements). In satisfaction of condition No. 135 of the Resolution, the Developer agrees that where a private storm drain easement will parallel a public sewer easement, the easements shall be delineated separately on the final map and on the grading and improvement plans. Developer acknowledges that if any portion of the easements will overlap one another, the City shall have a superior right to the Common portion of the easements. 58. Condition No. 136 - (Subordination). In satisfaction of condition No. 136 of the Resolution, the Developer agrees that prior to the approval of each final map for the Project, the City Engineer may require either the removal or the subordination of any easement, which may unreasonably interfere with the full and complete exercise of any required public easement or right-of- way. 59. Condition No. 145 - (Supplemental Agreement). In satisfaction of condition No. 145 of the Resolution, the Developer agrees to the following: a. following occur: That the City may withhold building permits for the Project if anyone of the i. Regional development threshold limits set by a Chula Vista transportation phasing plan, as amended from time to time, have been reached or in order to have the proj ect comply with the Growth Management Program, as may be amended from time to time. ii. Traffic volumes, levels of service, public utilities and/or services either exceed the adopted City threshold standards or fail to comply with the then effective Growth Management Ordinance, and Growth Management Program and any amendments thereto. Public utilities shall include, but not be limited to, air quality, drainage, sewer and water. 20 8-52 iii. The required public facilities, as identified in the PFFP or as amended or otherwise conditioned have not been completed or constructed to the satisfaction of the City. The developer may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the PFFP may be amended as approved by the City's Director of Planning and Building and the Public Works Director. The Developer agrees that the City may withhold building permits for any of the phases of development identified in the Public Facilities Financing Plan (PFFP) for Otay Ranch Village Seven SPA if the required public facilities, as identified in the PFFP or as amended by the Annual Monitoring Program have not been completed. b. To defend, indemnify and hold harmless the City and its agents, officers and employees, from any claim, action or proceeding against the City, or its agents, officers or employees, to attack, set aside, void or annul any approval by the City, including approval by its Planning Commission, City Councilor any approval by its agents, officers, or employees with regard to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly notifies the Developer of any claim, action or proceeding and on the further condition that the City fully cooperates in the defense. c. Permit all cable television companies franchised by the City of Chula Vista equal opportunity to place conduit and provide cable television service for each lot or unit within the Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of, and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit within the properties situated within the final map only to those cable television companies franchised by the City of Chula Vista, the condition of such grant being that: i. Such access is coordinated with Developer's construction schedule so that it does not delay or impede Developer's construction schedule and does not require the trenches to be reopened to accommodate the placement of such conduits; and ii. Any such cable company is and remains in compliance with, and promises to remain in compliance with the terms and conditions of the franchise and with all other rules, regulations, ordinances and procedures regulating and affecting the operation of cable television companies as same may have been, or may from time to time be, issued by the City of Chula Vista. Developer hereby conveys to the City ofChula Vista the authority to enforce said covenant by such remedies as the City determines appropriate, including revocation of said grant upon determination by the City of Chula Vista that they have violated the conditions of grant. 21 8-53 d. That the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of the Tentative Map Conditions, this Agreement or any Supplemental Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach e. Defend, indemnifY and hold the City, its officers and it employees harmless from any liability for erosion, siltation or increase flow of drainage resulting from this project. 60. Condition No. 146-(CongestionManagementPlan). In satisfaction of condition No. 146 of the Resolution, the Developer agrees to'enter into an supplemental agreement with the City prior to approval of the first final "B" Map, where the developer agrees to the following: a. Participate, on a fair share basis, in any deficiency plan or financial program adopted by SANDAG to comply with the Congestion Management Program (CMP). b. To not protest the formation of any future regional impact fee program or facilities benefit district to finance the construction of regional facilities. 61. Condition No. 147 - (Previous Agreements). In satisfaction of condition No. 147 of the Resolution, the Developer agrees that prior to approval of each Final Map, the Developer shall comply with all previous agreements as they pertain to this final map. 62. Condition No. 148-(StreetSweeping). In satisfaction of condition No. 148 of the Resolution, the Developer agrees that prior to approval of each final map for the Project, the Developer shall contract with the City's current street sweeping franchisee, or other server approved by the Director of Public Works to provide street sweeping for each phase of development on a frequency and level of service comparable to that provided for similar areas of the City. Developer further agrees to cause street sweeping to commence immediately after the [mal residence, in each phase, is occupied and shall continue sweeping until such time that the City has accepted the street or 60 days after the completion of all ptmch list items, whichever is shorter. Developer agrees to provide the City Special Operations Manager with a copy of the memo requesting street sweeping service, which memo shall include a map of areas to be swept and the date the sweeping will begin. 63. Condition No. 149 - (Regional Fee Program). In satisfaction of condition No. 149 of the Resolution, the Developer agrees to equitably participate in any future regional impact fee program for regional facilities should the region enact such a fee program to assist in the construction of such facilities. Developer further agrees to not protest the formation of any potential future regional benefit assessment district formed to finance regional facilities. 64. Condition No. 151 - (Mello Roos District). In satisfaction of condition No. 151 of the Resolution, the Developer agrees that no final "B" Maps may be recorded within 22 8-54 Village Seven SPA area until such time that an annexable Mello Roos District, or some other financing mechanism approved by the school district, to provide for the construction of needed elementary, middle and high schools is established. 65. Condition No. 153 - (Utilities). In satisfaction of condition No. 153 of the Resolution, the Developer agrees to construct and secure open space landscape improvements within the map area. Developer acknowledges that all landscape improvements shall be secured in amounts as determined by the Director of General Services and approved in form by the City Attorney. 66. Condition No. 155 - (Schools). In satisfaction of condition No. 155 of the Resolution, the Developer agrees to deliver to the Chura Vista Elementary School District, Lot S- 3 to the satisfaction of the School District including utilities provided to the site and an all weather access road acceptable to the District. Developer agrees that the all-weather access road shall also be acceptable to the Fire Department and that this schedule is subject to modification by the School District as based on District facility needs. 67. Condition No. 156 - (Schools). In satisfaction of condition No. 156 of the Resolution, the Developer agrees to coordinate with the High School District the delivery of the High School Site Sol as shown on the Tentative Map. 68. Condition No. 157 - (AQIP). In satisfaction of condition No. 157 of the Resolution, the Developer agrees to implement the final Air Quality Improvement Plan (AQIP) measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the AQIP. 69. Condition No. 158 - (AQIP). In satisfaction of condition No. 158 of the Resolution, the Developer acknowledges that the City Council may, from time-to-time, modify air quality improvement and energy conservation measures as technologies and/or programs change or become available. Developer agrees to modify the AQIP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each map approval within the Project. Developer acknowledges that the new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive final map approval prior to effect of the subject new measures. Developer acknowledges and agrees that the City has adopted the City of Chula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as approved per Resolution No. 2003-260and that such guidelines as approved and as may be amended from time-to-time shall be implemented. 70. Condition No. 159 - (WCP). In satisfaction of condition No. 159 of the Resolution, the Developer agrees to implement the final Water Conservation Plan (WCP) measures as approved by the City Council, and as may be amended from time to time, and to comply and remain in compliance with the WCP. . 71. Condition No. 160 - (WCP). In satisfaction of condition No. 160 of the 23 8-55 Resolution, Developer acknowledges that the City Council may, from time-to-time, modify water conservation measures as technologies and/or programs change or become available. Developer shall modify the WCP to incorporate those new measures upon request of the City, which are in effect at the time, prior to or concurrent with each map approval within the Project. Developer acknowledges that the new measures shall apply to development within all future map areas, but shall not be retroactive to those areas, which receive final map approval prior to effect of the subject new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No. 2003- 234 and that such guidelines as approved and as may be amended from time-to-time shall be implemented 72. Condition No. 161- (Utilities). In satisfaction of condition No. 161 of the Resolution, the Developer agrees to install all public facilities in accordance with the Village Seven Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold standards adopted by the City and that the City Engineer may modify the sequence of improvement construction should conditions change to warrant such a revision. The Developer further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as may be amended from time to time by the City. Developer acknowledges that said Chapter includes but is not limited to Threshold Standards (19.09.040) Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures (19.09.100). 73. Condition No. 166 - (GMOC). In satisfaction of condition No. 166 of the Resolution, the Developer agrees that pursuant to the provisions of the Growth Management Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and as they may be amended from time to time, the Developer shall complete the following: (1) Fund a fair share of the preparation of an annual report monitoring the development of the community of Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and services governed by the threshold standards. An annual review shall commence following the first fiscal year in which residential occupancy occurs and is to be completed during the second quarter of the following fiscal year. The annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing forecast identifying targeted submittal dates for future discretionary applications (SPA's and tentative maps), projected construction dates, corresponding public facility needs per the adopted threshold standards, and identifying financing options for necessary facilities. 74. Condition No. 167 - (Project Manger). In satisfaction of condition No. 167 of the Resolution, the Developer agrees to retain a project manager to coordinate the processing of discretionary permit applications originating from the private sector and submitted to the City of Chula Vista. Developer acknowledges that the project manager shall establish a formal submittal package required of each developer to ensure a high standard of design and to ensure consistency with standards and policies identified in the adopted SPA Plan. Developer further agrees that project manager shall have a well-rounded educational background and experience, including but not limited to land use planning and architecture. 24 8-56 75. Condition No. 168 -(permits). In satisfaction of condition No. 168 of the Resolution, the Developer agrees that if Developer desires to do certain work on the property after approval of the tentative map but prior to recordation of the applicable [mal "B" Map, they may do so by obtaining the required approvals and permits ITom the City. Developer acknowledges that the permits can be approved or denied by the City in accordance with the City's Municipal Code, regulations and policies and said permits do not constitute a guarantee that subsequent submittals (i.e., [mal "B" Map and improvement plans) will be approved. Developer acknowledges that all work performed by the Developer prior to approval of the applicable "B" Map shall be at the developers own risk and that prior to permit issuance, the Developer shall acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive changes, at developers cost, to work done under such early permit. Developer agrees to post a bond or other security acceptable to the City in an amount determined by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not record. 76. Condition No. 169 - (phasing). In satisfaction of condition No. 169 of the Resolution, the Developer acknowledges that phasing approved with the SPA Plan may be amended subject to approval by the Director of Planning and Building and the City Engineer and that the PFFP shall be revised where necessary to reflect the revised phasing plan. 77. Condition No. 170-(Phasing). In satisfaction of condition No. 170 of the Resolution, the Developer agrees that if phasing is proposed within an individual map or through multiple final maps, to shall submit and obtain approval for a development phasing plan by the City Engineer and Director of Planning and Building prior to approval of any [mal map. Developer agrees that the improvements, facilities and dedications to be provided with each phase or unit of development shall be as determined by the City Engineer and Director of Planning and Building. The City reserves the right to require said improvements, facilities and/or dedications as necessary to provide adequate circulation and to meet the requirements of police and fire departments. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence of improvement construction should conditions change to warrant such a revision. Developer further agrees that the City Engineer may change the timing of construction of the public facilities. 78. Condition No. 171 - (PFFP). In satisfaction of condition No. 171 of the Resolution, the Developer agrees that the Public Facility Finance Plan or revisions thereto shall be adhered to for the SPA and tentative maps with improvements installed by Applicant in accordance with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and rate of development within and outside of the Project area. Throughout the build-out of Village Seven SPA, actual development may differ from the assumptions contained in the PFFP. Neither the PFFP nor any other Village Seven SPA Plan document grant the Applicant an entitlement to develop as assumed in the PFFP, or limit the Village Seven SPA's facility improvement requirements to those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on actual development patterns and updated forecasts in reliance on changing entitlements and market 25 8-57 conditions, shall govern Village Seven SPA development patterns and the facility improvement requirements to serve such development. In addition, the sequence in which improvements are constructed shall correspond to any transportation phasing plan or amendment to the Growth Management Program and Ordinance adopted by the City. The City Engineer and Director of Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design of improvement construction should conditions change to warrant such a revision. 79. Condition No. 173 - (Municipal Code). In satisfaction of condition No. 173 of the Resolution, the Developer agrees to comply with all applicable sections of the Chura Vista Municipal Code and that preparation of the Final Map and all plans shall be in accordance with the provisions of the Subdivision Map Act and the City of Chura Vista Subdivision Ordinance and Subdivision Manual. Developer further agrees to underground all utilities within the subdivision in accordance with Municipal Code requirements. 80. Condition No. 174- (Fees). In satisfaction of condition No. 174 of the Resolution, the Developer agrees to pay the following fees, as applicable, in accordance with the City Code and Council Policy: a. The Transportation and Public Facilities Development Impact Fees. a. Signal Participation Fees. b. All applicable sewer fees, including but not limited to sewer connection fees. c. Poggi Canyon Sewer DIF d. Salt Creek Sewer Basin DIF. Developer agrees to pay the amount of said fees in effect at the time of issuance of building permits. 81. Condition No. 175 - (Compliance). In satisfaction of condition No. 175 of the Resolution, the Developer agrees to comply with all relevant Federal, State, and Local regulations, including the Clean Water Act. The Developer acknowledges and agrees that Developer will be responsible for providing all required testing and documentation to demonstrate said compliance as required by the City Engineer. 82. Condition No. 176 - (Notice ofSpeciaITaxes). In satisfaction of condition No. 176 of the Resolution, the Developer agrees to ensure that prospective purchasers sign a "Notice of Special Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and assessments. 83. Condition No. 177 - (Compliance). In satisfaction of condition No. 177 of the Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code 26 8-58 (Growth Management) as may be amended fÌom time to time by the City. Said chapter includes but is not limited to: threshold standards (19.09.04), public facilities finance plan implementation (19.09.090), and public facilities fmance plan amendment procedures (19.09.100). 84. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,7,8,9,10,11,12,14,16, 18,21,22,23,27,28,32,42,45,46,50,51,54,57,60,62, 65, 69, 70,83,87,88,89,91,93,95,96, 97,98, 101, 102, 104, 106, 111, 112, 113, 115, 121, 122, 123, 124, 131, 132, 135,136, 145, 146, 147, 148,149,150,151,152,153,154,155,156,157,158,159, 160, 161, 166, 167, 168, 169, 170, 171, 173,174, 175, 176, and 177 of the Resolution. Developer further understands and agrees that some of the provisions herein may be required to be performed or accomplished prior to the approval of other fmal maps for the Project, as may be appropriate. 85. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision Map, established by the Resolution and shall remain in compliance with and implement the terms, conditions and provisions therein. 86. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously with the recordation of the Final Maps. 87. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits and all other permits for the entire Village Seven SPA project area, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the City may withhold building permits within the Final Map as defined herein if the required public facilities for the Otay Ranch Village 7 SPA Plan, as defined in the PFFP or as amended by the Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the satisfaction of the City. 88. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, fITst- class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 27 8-59 276 Fourth Avenue Chula Vista, CA. 91910 Attn: Director of Public Works McMillin Otay Ranch LLC 2727 Hoover Avenue National City, CA 91950 Attn: Frank Zaidle Fax (619) 336-3112 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. b. Captions. Captions in this Agreement are inserted for convenience ofreference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. Amendments to this Agreement must be in writing and approved by the parties authorized representatively d. Preparation of Agreement. No inference, assumption or presumption shall be drawn ÍÌom the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Assignablity. Upon request of the developer, any or all on-site duties and obligations set forth herein may be assigned to developer's successor in interest if the City Manager in his/ber sole discretion determines that such an assignment will not adversely affect the City's interest. The City Manager in his/ber sole discretion may, if such assignment is requested, permit a substitution of securities by the successor in interest in place and stead of the original securities described herein so long as such substituted securities meet the criteria for security as set forth elsewhere in this agreement. Such assignment will be in a form approved by the City Attorney. f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto are incorporated by reference into this Agreement. g. Attorney's Fees. If either party commences litigation for the judicial interpretation, refo=ation, enforcement or rescission hereof, the prevailing party will be entitled to a 28 8-60 judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. [NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES] 29 8-61 [PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE MCMILLIN OTA Y RANCH VILLAGE SEVEN "A" MAP] CITY OF CHULA VISTA Stephen C. Padilla, Mayor of the City of Chula Vista Attest: Susan Bigelow City Clerk Approved as to Form: Ann Moore City Attorney DATED: ,2005 [NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES] 30 8-62 [[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR THE MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP] DEVELOPERS/OWNERS: McMillin Otay Ranch LLC, A Delaware limited liability company By: McMillin Companies LLC Its: Managing Member BY~ ¿:: tP ~~~ Title: By: Title: yjJ. (ATTACH NOTARY ACKNOWLEDGMENTS) 31 8-63 STATE OF CALIFORNIA COUNTY OF SAN DIEGO } }ss. } On February 24, 2005 ,before me, Ann M. Futo. Notary Public personally appeared Frank Zaidle and Todd Galarneau, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. :::::: m~:' /do ~l!.' ANN M, FUTO ;¡ -,' .', Comm~sìon # 1546838 ~. ~,' . Notary Public. Cafttomla f- Son Diego County MvComm, Exp/te'Jan23. 2 Thi' ,ce, 10< omo;,' ","'" ,." Title of Document Supplemental Subdivision Improvement Aqreement for the McMillin Otav Ranch Villaqe Seven""," Map Date of Document Other signatures not acknowledged No. of Pages 8-64 No"'yFo<m-2 MoM;"'" Com,,";., List of Exhibits Exhibit A Exhibit B Legal Description of Property Security 8-65 EXHIBIT "B" SECURITY CHULA VISTA TRACT NO. 05-07 MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP $162,630 Landscape and Irrigation for McMillin Otay Ranch Village Seven $1,201,880.19 8-66 COUNCIL AGENDA STATEMENT Item~ Meeting Date 3/8/05 ITEM TITLE: Public Hearing to consider the adoption of an ordinance and an urgency ordinance modifying the existing Transportation Development Impact Fee and amending Chapter 3.54 of the Municipal Code Resolution Accepting a report prepared by staff recommending an updated Transportation Development Impact Fee to mitigate transportation impacts within the City's Eastern Territories Ordinance Amending the Transportation Development Impact Fee Program, Chapter 3.54 of the Municipal Code Urgency Ordinance Amending the Transportation Development Impact Fee Program, Chapter 3.54 of the Municipal Code Resolution Transferring the fund balance of the Interim SR-125 Development Impact Fee fund to the Transportation Development Impact Fee Fund and forgiving and eliminating all interfund loans between these funds. SUBMITTED BY: Director of Gener~ervices/City Engineer ~ City Manager ~ (4/5ths Vote: Yes l No~ REVIEWED BY: It is recommended that the public hearing be opened and continued to a future date. The public hearing will be re-noticed at that time. J: \EngineerlAGENDA \CAS2005\3-8-05\2005TDIFUpdate Continuation.doc q CITY COUNCIL AGENDA STATEMENT Item: ..JL Meeting Date: 3/8/05 ITEM TITLE: PUBLIC HEARING: PCM 04-16: Consideration of an amendment to the EastLake Business Center II Sectional Planning Area (SPA) plan, Planned Community District Regulations, Design Guidelines and associated regulatory documents. -The EastLake Company LLC RESOLUTION: Approving amendments to the EastLake Business Center II Supplemental SPA ORDINANCE: Approving amendments to the Eastlake Business Center II Supplemental SPA Planned Community District Regulations and Land Use Districts Map, to define permitted land uses within a 36 acre newly created design district overlay located at the intersection of Otay Lakes Road and Fenton Avenue/Showroom Place within the EastLake Business Center. (First Reading). SUBMITfED BY' 0""'°' OfPl1~iO'ldi"g r Staff recommends continuance of this item to the meeting of March 22, 2005. /0 PAGE 1, ITEM NO.: MEETING DATE: II 03/08/05 CITY COUNCIL AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: BACKGROUND a) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO FORM A BLUE RIBBON COMMITTEE OF DISTINGUISHED INDIVIDUALS TO ADVISE THE CITY ON MATTERS RELATED TO THE PLANNING OF THE UNIVERSITY PARK AND RESEARCH CENTER RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND GRANTING AN AGREEMENT 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 APPROPRIATING $451,000 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE PERFORMANCE OF THESE TASKS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND GRANTING AN AGREEMENT WITH BMS DESIGN GROUP FOR THE PREPARATION OF A FRAMEWORK LAND USE STRATEGY AND THE PREPARATION OF A PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK AND APPROPRIATING $256,245 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND FOR THE PERFORMANCE OF THESE TASKS b) c) UI1 CITY MANAGER 4/STHS VOTE: YES 0 NO D The recommendations presented in this report represent a significant milestone in the City of Chula Vista's long-term effort to bring higher education opportunities to the region's citizens. 1/ -/ PAGE 2, ITEM NO.: MEETING DATE: 1/ 03/08/05 Phase I Accomplishments Phase I of the University Park and Research Center (UPRC) project began with the Mayor's appointment of a City Council/ Staff University Working Group in November of 2003. In February of 2004 a team of consultants was selected by the University Working Group through a competitive bidding process. The STRATUS/BMS/EIP consultant team selected has been an integral part of the success of Phase I and each firm will playa central role during Phase II. Since its initiation the project has moved through critical vision and strategy stages during which a model for an innovative multi-institutional teaching center serving the bi-national region has been developed. The extensive participation of higher education, business and government during Phase I has created tremendous interest in the UPRC from key higher education and research institutions in the US and Mexico. The U.s. Department of Energýs Global Energy Network program has publicly stated its desire to locate its first energy research center at the UPRC. Point Loma Nazarene University, Southwestern Community College and CETYS will all participate in Phase II planning for the UPRc. The Phase I activities have also generated broad community support for the project. With the City Council's approval, the UPRC project team is now ready to begin Phase II activities. Proposed Phase .. Activities Blue Ribbon Commi"ee During Phase I a number of distinguished individuals from academia, government and business have expressed a willingness to participate more directly in the next phase of detailed planning for the UPRc. In consultation with the Mayor, a recommendation has been developed for the appointment of a Blue Ribbon Commi"ee during Phase II to take advantage of the expertise available through these generous offers of support. Participation, Analysis and Guidance The University Working Group has developed additional recommendations for Phase II which focus on: //-2 PAGE 3, ITEM NO.: MEETING DATE: /I 03/08/05 . Solidifying participation and agreements with the higher education and research institutes; Developing a financial analysis and funding strategy for the UPRC; and Providing guidance to landowners for private development surrounding the UPRC site. . . RECOMMENDATION Staff recommends that the City Council name a Blue Ribbon CommiHee (BRC) consisting of the distinguished individuals listed below: . Council member Jerry Rindone Council member John McCann Dr. Lee R. Kerschner (Chairperson) 0 Vice Chancellor Emeritus, The California State University Mr. John Davies 0 Former Regent of the University of California 0 Judicial Appointments Advisor to Governor Arnold Schwarzenegger Mr. Robert E. Freelen 0 Former Vice President for Academic Affairs, Stanford University Mr. Augie Gallego 0 Retired Chancellor of the San Diego Community College District Mr. Benjamin A. Haddad 0 Former Deputy Chief of Staff to Governor Pete Wilson 0 Senior Vice President for Communications - Science Applications Corporation Mr. Ralph R. Pesqueira 0 Former Trustee of the California State University Ms. Mary Salas 0 Former City of Chula Vista Councilmember (TBO) An individual representing Higher Education in Mexico International Biographies of the recommended BRC members named above are included in Attachment 1 The Blue Ribbon CommiHee will act as unpaid advisors to the City on matters related to the University Park and Research Center, including but not limited to the development of: 1. A set of Guiding Principles for the UPRC; 2. A Governance Structure for the UPRC; 3. A Prospectus of the institutional partners that details academic offerings, academic and student support services and other elements; and 4. A funding strategy for capitalizing the project. Staff recommends that the City Council adopt the attached resolution waiving the formal consultant selection process and approving an agreement with STRATUS for professional services related to the: 1/~3 PAGE 4, ITEM NO.: MEETING DATE: II 03/08/05 . Formalization of participation of key higher education institutions; Development of academic and research plans with those institutions; and the Development of financial requirements and funding strategies for physical development of the University Park and Research Center. Staff recommends that the City Council adopt the attached resolution waiving cansultant selectian process and approving an agreement with BMS/EIP for the: Development of a framework land use strategy; and Campus plan concept. the formal Staff recommends that $451,000 be appropriated from the FY 2004-05 available general fund balance for the STRATUS agreement. Staff recommends that $256,245 be appropriated from the FY 2004-05 available general fund balance for the BMS/EIP agreement. Staff recommends that the City Council approve the cost participation by adjacent landowners for preparation of the Framework Strategy in the amount of $75,350 to be reimbursed to the General Fund. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. DISCUSSION Blue Ribbon Commiffee The Blue Ribbon Committee members will provide invaluable guidance and advice during Phase II of the University Park and Research Center project. It is anticipated that the BRC will meet formally on a monthly basis. As unpaid advisors, the BRC will consider issues related to the UPRC brought before them by the BRC Chairperson, institutional partners and staff. Detailed research, analysis, facilitation and reporting will continue to be performed during Phase II by City staff and the Consultant firms of STRATUS, BMS and EIP. STRATUS and BMS Scope of Work Outlines Beginning with the award of a competitively-bid Phase I contract on February 3,2004, STRATUS and sub-contractors BMS and EIP have provided exceptional services to the City of Chula Vista in the development of a higher education strategy and model for the University Park and Research Center site. Additional information regarding the consultants' expertise is included in Attachment 2. //~f PAGE 5, ITEM NO.: MEETING DATE: 1/ 03/08/05 Working closely with the City's University Working Group, the STRATUS/BMS/EIP consultant team has efficiently and effectively completed all Phase I tasks. Considering the increased Scope of BMS services anticipated during Phase II and the competitive process used selecting the firm as a sub-contractor during Phase I, staff is recommending that the city execute a separate agreement with BMS (with EIP as a sub-contractor to BMS), no longer as sub-contractors to STRATUS. Building on the completion of Phase I, staff has developed the following Phase II Scopes of Work for STRATUS and BMS: Phase II STRATUS Scope of Work Outline: 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 Represent the Interests of Future University Partners in the Development of the Framework Land Use Strategy and Campus Plan Concept A detailed Phase II Scope of Work for STRATUS is included as Attachment 3 Phase II BMS Scope of Work Outline: Framework Strategy Development Initial Campus Plan Concepts A detailed Phase II Scope of Work for BMS is included as Attachment 4 Committing to STRATUS and BMS ensures continuity of work and a consistent end product. Choosing consultants who are familiar with the project and have background knowledge will eliminate duplication of effort and the inherent associated delay in selecting an alternate firm. STRATUS has provided a Phase II Scope of Work with a cost not to exceed $451,000 and BMS has provided a Phase II Scope of Work with a cost not to exceed $256,245 for a total appropriation of $707,245, of which the monies have been identified from the available fund balance of the FY 2004-05 General Fund. As detailed below, staff is recommending Council approve cost participation by landowners adjacent to the University site which would reimburse $75,350 of the Framework Strategy cost to the General Fund. The net impact to the General Fund after the reimbursement will be $631,895. /I. -.:) PAGE 6, ITEM NO.: MEETING DATE: /1 03/08/05 landowner Cost Participation Two major landowners adjacent to the University have agreed to participate in the cost of preparing the Framework Strategy portion of the Phase II Scope of Work. A total reimbursement to the general fund in the amount of $75,350 will be made utilizing existing Staff Processing Agreements that will be amended to incorporate the costs af this effort. The reimbursement by the two landowners, $37,675 each, was determined based upon an approximate percentage of develapable land within the study area. The remaining costs to prepare the Framework Study represent that portion owned by the City and other landowners not participating in development at this time. The City may seek reimbursement from non-participating ownership through developer impact fees assessed at the time of development. Phase .. Proaram Manaaement Staff is proposing separate contracts for STRATUS and BMS (with EIP as a sub-contractor to BMS) during Phase II. The Phase II agreements with STRATUS and with BMS will be managed by the joint-Community Development/Planning and Building Department project team to ensure coordination of related activities. Due to the complexity of the University Park and Research Center project, staff has developed an update system to actively inform Council and senior staff of ongoing activities. The following chart explains staff's proposed reporting structure: ~ University P~rk and Research Center Reporting Schedule Council Updates in May and August will include a formal presentation on project status; expenditures and progress to date; descriptian 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 project plans will contain specific "trigger" deliverables that must be completed before additional activity and billings continue. // -~ PAGE 7, ITEM NO.: MEETING DATE: , I 03/08/05 FISCAL IMPACT Funds in the amount of $707,245 for the consulting services of the STRATUS and BMS/EIP teams will come from the available fund balance of the General Fund from fiscal year 2004-05. Cost participation in the Framework Strategy by landowners adjacent to the University site will reduce the net impact to the General Fund to $631 ,B95. A total of $520,000 for the original STRATUS contract has been appropriated to dote from FY 2003/04, and represents the total spent with STRATUS, BMS and EIP for the previous 12 calendar months. Today's action authorizes Phose II contracts totaling $707,245, for a total project appropriation of $1 ,227,245. Original STRATUS Agreement STRATUS and BMS Agreements Total Project Appropriation $520,000 $707,245 $1,227,245 Appropriated FY 2003/04 To be appropriated 2004/05 Reimbursement by landowners participating in the Framework Strategy in the amount of $75,350 will reduce the total project cost to the General Fund to $1,151,895. ATTACHMENTS Attachment 1 - Biographies of Recommended Blue Ribbon Committee Members Attachment 2 - Overview of Consultant Firms Attachment 3 - STRATUS Scope of Work Attachment 4 - BMS/EIP Scope of Work J: \ COMMDEV\ST AF F. RE P\2005\03 .08.05\ U niversify .doc /1'-7 DRAFT ATTACHMENT 1 TO STAFF REPORT EXHIBIT A TO RESOLUTUION City of Chula Vista Uuiversity Park and Research Center Blue Ribbon Committee Member Biographies Photo Unavailable Lee R. Kerschner is Vice Chancellor Emeritus of the California State University (CSU). He currently serves as Special Assistant to the Lee R. Kerschner. PhD President of the California Maritime Academy; advises the CSU Chairperson Executive Vice-Chancellor (Academic Affairs) on an as-requested basis; and regularly chairs accreditation visits for the Western Association of Schools and Colleges (WASC). During his distinguished career in higher education, Kerschner has served as Executive Vice Chancellor for Minnesota State Colleges and Universities; Interim-President, California State University. Stanislaus; Commissioner, California Student Aid Commission; Executive Director, The California Commission for the Review of the Master Plan for Higher Education; and Executive Director, Colorado Commission on Higher Education. He is a past member of the Community College Commission on Innovation and the American Council on Education's Transfer Education Commission. Kerschner is a Past Chairperson, international Board of Directors, Amigos de las Americas, and former President of the Denver Chapter. Photo Unavailable John Davies is Judicial Appointments Advisor to Governor Arnold Schwarzenegger. He has more than forty years of experience in the legal John Davies profession in addition to extensive experience in the judicial nomination process. Davies' experience also includes service on several boards including the Regents of the University of California, the California Governor's Foundation and as chairman of the San Diego Planning Commission. He is currently chairman of the Children's Hospital of San Diego board and is a member of the University of California, San Diego Foundation and the Scripps Research Institute Board. Davies has also served as the director of several companies including Winfield Industries, Fisher Scientific Group, IMED Corporation and IVAC Corporation. He is also a member of the San Diego County and California Bar Associations. Photo Unavailable Robert Freelen is recently retired. He has more than thirty-five years experience in higher education public affairs, alumni relations, and fund- Robert E. Freelen raising. Freelen spent most of his career at Stanford University, where he held positions as Vice President for Public Affairs, Acting Dean of Students, Director of Alumni Relations, and Director of Annual Giving Programs. He is currently a Trustee of National University in San Diego and past President of the Board; member of the Executive Committee, Association of Independent California Colleges and Universities (AICCU); former member Board of Directors, National Association of Independent Colleges and Universities (NAICU); member of the Advisory Board, Palo Alto Foundation for Education; and Chair of the Tax Poiicy Committee, Association of American Universities (AAU). Page 1;1 -P DRAFT Photo Unavailable Augie Gallego John McCann, Councilmember ATTACHMENT 1 TO STAFF REPORT EXillBIT A TO RESOLUTUION City of Chula Vista University Park and Research Center Blue Ribbon Committee Member Bio ra hies Augie Gallego Is Chancellor Emeritus of the San Diego Community College District. The District is one of the largest in the country, serving over 100,000 students each semester. Through strong leadership, civic involvement, educational innovation and a commitment to diversity during his 14-year tenure as Chancellor, Gallego earned a reputation as a national leader in higher education. He has served as Chair of the American Council on Education (ACE), only the second community college chief executive in Its 8S-year history to lead that organization; he has also served as Chair of the American Association of Community Colleges (AACC); and he was named by the higher education journal, Change Magazine, as one of the 21 most influential higher education senior leaders in the United States. An active member of the San Diego community, Gallego is involved in over 20 community and professional organizations. Benjamin A. Haddad is senior vice president for communications at Science Applications International Corporation (SAIC). Prior to joining SAIC, Haddad was a partner in California Strategies, a Sacramento- based public affairs firm with offices in San Francisco, Orange County, and San Diego. Haddad has served as deputy chief of staff and Cabinet secretary to former California governor, Pete Wilson, and chief-of-staff to San Diego Mayor Susan Golding. Currently, Mr. Haddad sits on the board of directors of the San Diego Regional Chamber of Commerce, the UCSD Board of Overseers, the San Diego Center for Children, San Diego County Water Authority, The Lincoln Ciub, Union of Pan Asian Communities, the High Tech High Learning Board, and the San Diego Chapters of the American Red Cross, National Multiple Sclerosis Society, Huntington's Disease Society of America Advisory Board. and the St. Vincent de Paul Board. John McCann was sworn in as a Council Member in December 2002. He is working for better traffic management. revitalization of Chula Vista's older communities, strong public safety, and affordable housing. McCann has served in several supervisory and management positions for technology companies and continues to work as a businessman in the technology field. He has taught at several South Bay adult schools and now teaches part-time at Southwestern College. McCann also proudiy serves in the US Naval reserves and is a member of the Chula Vista Chamber of Commerce. He grew up in Chula Vista and attended all grades from kindergarten through 12th grade at Chula Vista schools. He serves on the Boys & Girls Club board of directors. He Is a member of the Kiwanis Club of Chula Vista. John has served on the Planning Commission, Economic Strategy Committee, Housing Advisory Commission and Beautification Committee for the City of Chula Vista. Page 2 II -9 DRAFT Photo Unavailable Ralph R. Pesqueira Jerry Rindone, Councilmember Ma Salas Baja California, Mexico Re resentative ATTACHMENT 1 TO STAFF REPORT EXHIBIT A TO RESOLUTUION City of Chula Vista University Park and Research Center Blue Ribbon Committee Member Bio ra hies Ralph R Pesqueira is the Owner and President of Ellndio Mexican Restaurants, and from 1988 to 2004 was a Trustee of The California State University. Presently, he is a Commissioner of the Caiifornia Postsecondary Education Commission (CPEC). Pesqueira's past activities inciude Vice Chairman/Chairman, San Diego City Planning Commission; California Delegate, Republican National Convention (1988 & 1992); Commissioner, California Gold Discovery to Statehood Sesquicentennial Commission; Member, Board of Directors of San Diego Convention and Visitors Bureau, San Diego Historical Society, United Way of San Diego, San Diego Mental Health, and Rueben H. Fleet Space and Science Center. Currently, he is a Member, Board of Directors of St. Vincent De Paul, San Diego Dialogue - University of California, and San Diego, Scripps Project - Scripps/Mercy Hospital Advisory Board. Pesqueira is a retired Captain in the US Army Reserve. Jerry Rindone is currentiy serving a third term as Council member. He has served on the Metropolitan Transit Development Board (MTDB) since 1990 representing the region's second largest city, Chula Vista. As a Board member. he has also served on the five-member MTDB Executive Committee since 1993. As a Vice Chair, Rindone has represented MTDB in numerous iocal, state, and federal venues and has provided significant leadership on many far-reaching transportation-financing, operations, and develops fronts. He is currentiy working on behalf of a San Diego-Tijuana cross border transit project that could link a Tijuana rail transit line with the existing San Diego Trolley. During his 11-year tenure with MTDB, Vice Chairman Rindone has participated in the development of four iight rail transit (LRT) extensions, and in one currently under construction. He is also the Principal of Hilltop High Schooi, which is part of Sweetwater Union High School District in Chula Vista. Hilltop has been recognized as a California Distinguished School and a National Blue Ribbon Schooi. TBD TBD Page 3 /1 ~/O AHachment 2 - Overview of Consultant Firms During Phase I each of the consultants demonstrated and applied expertise specific to their role on the project team. STRATUS specialties as applied ta our project are in the development of academic models, organizational structures and strategies, an understanding the higher education needs of the community, and an understanding of the interests, decision-making processes, resources and priorities of the college and university systems that may ultimately participate in the University Park and Research Center. BMS and EIP specialize in university campus physical and land planning and modeling. BMS and EIP credentials and experience were reviewed during the Phase I competitive bid process and they were each determined to be highly qualified and cost effective in their joint proposal. While their role in performing a campus site analysis was critical during Phase I, the cost of their services was minor relative to the overall Phase I budget and the city therefore requested that they be engaged as individually named sub-contractors to STRATUS. During Phase II a Framework Strategy is required to guide development of privately held land surrounding the University site, and a Campus Plan Concept is required to support decision making by the higher education institutions participating in the praject. These are tasks to which BMS and EIP bring significant, specialized expertise (including campus planning for the new University of California at Merced) and are of a much higher dollar value than the activities they performed during Phase I. Committing to STRATUS and BMS ensures continuity of work and a consistent end product. Choosing consultants who are familiar with the project and have background knowledge will eliminate duplication of effart and the inherent associated delay in selecting an alternate firm. 1/ -/ / Attachment 3 - Scope of STRATUS Services The additional services desired of STRATUS consists of six major 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 Ribbon Committee (BRC) meetings, up to six (6) meetings; and preparation of agendas, presentations and supporting meeting materials. 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. 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, cluster colleges, stand-alone institutions) Formation of University Organization a. Assist the City in establishing a University Center Advisory Committee (UCAC) or Blue Ribbon Committee (BRC). 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. vi. Define the Governance Framework and Organizational Structure (i.e., 501.c.3), which will become the basis for a permanent legal entity. Draft items. Review with UCAC or BRc. Review with Charter Partners, and reconcile Center Prospectus developed in 3.b.ii above. Review with Mayor and City Council. b. 2. 3. b. vii. viii. ix. with the University x. //~/J.-, Attachment 3 - Scope of STRATUS Services 4. xi. Finalize. 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, capital and operating costs for start-up through opening. 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. 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. Create a comprehensive report which identifies University Center benefits as they relate to the overall strategy. 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. c. 5. 6. /1/3 ITEM 11 AHachment 4 - Scope of BMS/EIP Services 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 obiectives 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 City and Consultont 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. Framework Strategy and Implementation Objectives Based on the input received from the meetings conducted in Task l.d, a memorandum will be prepared that documents the property owners' and staff's defined development obiectives 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. '1-/3- q ITEM 11 Attachment 4 - Scope of BMS/EIP Services 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: i. Site and Reaional Context Property ownership; Subdivision; Topography; Existing and planned transportation; infrastructure/utilities; and public services (schools, parks, etc.); Existing uses; Delineation of MSCP Conserved Areas ii. Plannina Context: Multi-Institutional Universitv Proaram In conjunction with the MITC partnership, 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. Economic and Market (.optional work tasks as the basis for the understanding of market demands and potential competition among individual property owners). If authorized, optional task requires additional budget allocation, with the amount to be determined by agreement between the City and Consultant. . Sub-regional population and economic forecasts . Sub-regional and local market demands for housing, retail commercial, office, research and development/industrial, and other uses (based on review of existing studies and literature and consultation with City's economic consultant, Economics Research Associates) . Potential demands for housing, retail, office, and research and development uses induced by development of the proposed multi- institutional university campus (based on review of studies for comparable facilities and ERA and Stratus input) IV. Policv and Reaulatorv . 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 review and entitlement processes . land use designations and General Plan policies applicable to the UPRC /1-/3-£ b. i. II. iii. iv. v. VI. VII. VIII. IX. x. Attachment 4 - Scope of BMS/EIP Services Initial 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: Vision and guiding principles for development of the planning area and each sub-area (limited to the intended functional role, key land uses, community character, urban form, relationships to campus and adjoining uses, and key inter-relationships necessary among districts, including desired linkages created through circulation and mobility) land use types and distribution, including inter-relationships among sub- oreas and individual ownerships, compatibility of uses, and flexibility to respond to long-term evolution of the marketplace and development of the campus Establish the appropriate planning boundary between the Eastern Urban Center and Village 9 Urban form and development density and intensity Topographic form and grading, including where slopes are most appropriate to accommodate elevation changes within and among planning sub-areas and individual properties Circulation network (automobile, including location and alignment of the Town Center Arterial; identifying an appropriate street grid and block system; transit route(s) and station locations; and pedestrian and bicycle), as well as implications of Highway 125 location and interchanges and ramps Campus approach for vehicles versus the transit/pedestrian approach Open space elements and network Identify the location of major public facilities required, including recommended locations for schools, backbone infrastructure systems and facilities, including a large electrical sub-station Enhancing connectivity among individual properties and across primary transportation corridors, including Highway 125. The focus is primarily on connectivity between the university and the adjacent University Village and enhancing the university's linkage to the Regional Technology Park. II ~/Lj 3. A"achment 4 - Scope of BMS/EIP Services c. Property Owner Meetings-Input for Initial Concepts During the preparation of the initiol concepts, a meeting will be conducted with each property owner to confirm development objectives and receive input and feedback regarding the initial concepts and key Framework elements defined in Task 2.b. Based on the review, variations of or additional concepts may be identified with the property owners. d. Review Initial Concepts and Property Owner Input with City StaH 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. REVISE PLANNING AND DESIGN CONCEPTS a. Revise Planning and Design Concepts This task will build upon the concepts defined in Task 2.b, refining a set of concept alternatives for the study area based on input from the property owners and City . staff. Again, alternative solutions to key framework elements will be considered (as listed for Task 2.b), including: land use, identify potential land use conflicts; Circulation; open space; urban form, including types, sizes, and locations of public spaces and parks; topography/grading; and linkages and relationships between sub-areas, 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 form 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, Density/intensity, Height, Architectural character, Parking, and 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 //-/5" 4. Attachment 4 - Scope of BMS/EIP Services 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 seleded uses ultimately to be accommodated within the "bubbles." b. Property Owner Meetings-Input for Revised Planning and Design Concepts A meeting will be conduded with each property owner to review and receive input and feedback for the revised sketch plan and design elements. Consultant will focus 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 objedives will be a key consideration at this jundure. At this time overarching development guiding principles, input for a consensus preferred concept plan (including component elements), and design principles that will be basis for formalized development standards will be solicited. c. De-Brief with City Staff The revised concepts and property owner input 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 for the university and all sub-area SPA plans, as well as any input the substantively conflicts with the City's planning and development objectives and policies. FINAL LAND USE AND DESIGN FRAMEWORK a. Refine Framework Strategy Elements Consultant shall continue to refine the preferred strategies and preliminary development standards, further testing and illustrating strategy components based on property owner and City staff input. This will include all framework elements in plan form, as well as detailed guidelines and standards for components and sub- areas adequate to provide clear direction and commitments, including but not limited to: i. Plans . land use (organizational concepts, with flexibility to occommodate economic markets and development demands as they evolve over time) . Urban form . Topography and grading . Transportation/mobility /I"'/~ 5. Attachment 4 - Scope of BMS/EIP Services . 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 properly 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 Framework Consultant shall conduct meetings with each properly owner to review plan and design elements of the Framework and development standards to assure that they reflect, are understood, consistent with, and meet properly owner objectives. c. De-Brief with City Staff A meeting will be conducted by Consultant with City staff to review input from the properly owners~ Consultant will seek concurrence with the fundamental planning and design elements and direction to resolve any conflicts. FRAMEWORK STRATEGY DOCUMENT a. Prepare Administrative Draft Framework Strategy Planning and design elements, development guidelines and standards, administration and 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 properly owner review. 1/-/7 b. c. d. TASK #2. A"achment 4 - Scope of BMS/EIP Services Property Owner Review of Administrative Drah Framework Strategy The administrative draft Framework Strategy will be submitted by Consultant for property owner review ond comment. Meeting with City Staff A meeting will be conducted by Consultant to review written property owner and City staff comments on the administrative draft Framework Strategy. Drah Final Framework Strategy Consultant will revise the Framework Strategy to reflect City staff input and published for review with the City Council. 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 concept 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. 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 BriefinQs 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 Oraanization Consultant shall collect all available information and will produce base maps and other tools necessary for the conduct of the work. A library of / / ~/p A"achment 4 - Scope of BMS/ElP Services information will be identified, with information made available to the team either electronically or in hard copy as needed. v. Prepare Preliminarv 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. J. Research and Data Gatherina 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 Proaram Interviews and Site 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 Proaram 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 //-/9 vi. vii. Attachment 4 - Scope of BMS/EIP Services 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 cpnsiders, 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 of learning that foster interaction among students, faculty, and the public The particular missions of the partners relative to their target student populations. 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. 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. / (-..)D RESOLUTION NO. 2005-- RESOLUTION OF THE CITY COUNCil OF THE CITY OF CHULA VISTA TO FORM A BLUE RIBBON COMMITTEE OF DISTINGUISHED INDIVIDUALS TO ADVISE THE CITY ON MATTERS RELATED TO THE PLANNING OF THE UNIVERSITY PARK AND RESEARCH CENTER (UPRC) WHEREAS, the City Council has established a policy to attract a first-rate college or university to a 1 ,SOD-acre site in Otay Ranch; and WHEREAS, in November 2003, the Mayor appointed a City Council/Staff University Working Group; and WHEREAS, during Phase I of the Higher Education Recruitment Strategy, a number of distinguished individuals from academia, government and business have expressed a willingness to participate more directly in the next phase of detailed planning for the UPRC; and WHEREAS, in consultation with the Mayor, a recommendation has been developed for the appointment of a Blue Ribbon Committee during Phase II to take advantage of the expertise available through these generous offers of support; and WHEREAS, the Blue Ribbon Committee will act as unpaid advisors to the City on matters related to the University Park and Research Center, including but not limited to the development of: 1. 2. 3. A set of Guiding Principles for the UPRC; A Governance Structure for the UPRC; A Prospectus of the institutional partners that details academic offerings, academic and student support services and other elements; and A funding strategy for capitalizing the project. 4. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby approves the creation of a Blue Ribbon Committee of those distinguished individuals named in Exhibit A to advise the City on matters related to the planning of the UPRC. BE IT FURTHER RESOLVED that said Committee shall conduct business in accordance with the requirements of the Brown Act. Presented by Approved as to form by D~7. t+-- Laurie A. Madigan Director of Community Development Ann Moore City Attorney J:\COMMDEVIRESOSI2005\O3-01-05\Stratus Resa - 03-01-05.dac // -..< / 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 D.-l.'-l- Ann Moore City Attorney Dated: March 3, 2004 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 BETWEEN AND AMONG THOSE PARTNERS 1/-,),2.. RESOLUTION NO. 2005-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND GRANTING AN AGREEMENT 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 BEìWEEN AND AMONG THOSE PARTNERS AND APPROPRIATING $451,000 FROM THE AVAILABLE FUND BALANCE OF THE 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, 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, staff recommends that the City's selection process with respect to this professional service agreement be waived because Stratus has: 1) 2) 3) Provided quality services to the City for over a year; Demonstrated a deep and unique understanding of the dynamics of the region and its need for a higher education institution; Understands the intricacies and potential of the specific type of university project that is contemplated/proposed; and Developed strong, project-specific relationships with state and local leaders in the higher education field whose support is essential to the success of the project. 4) WHEREAS, Stratus has performed excellent work for the City over the past year and is the most qualified consultant to assist the City in completing Phase II of the project. /1-),3 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal consultant selection process and approves a consulting agreement between the City and Stratus for the 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 $451 ,000 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 £:h-.,,- ì. /..f.-- Laurie A. Madigan Director of Community Development Ann Moore City Attorney J:\COMMDEVIRESOS\200S\O3-01-D5\Stratus Rese - 03-01-DS.doc /I --..<¥ Agreement Between City of Chura 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 ,SOO-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.] Stratus Agreement - University Project Phase II Page 1 of 22 /I-.-{ S- 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 separate Stratus Agreement - University Project Phase II Page 2 of 22 / 1-2~ 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. Stratus Agreement - University Project Phase II Page 3 of 22 /1-.,2,7 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 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 Stratus Agreement - University Project Phase II Page 4 of 22 /1 -,,).j> 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 Stratus Agreement - University Project Phase II Page 5 of 22 /1- .).-9 The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Stratus Agreement - University Project Phase II Page 6 of 22 /f . -~O 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. Stratus Agreement - University Project Phase II Page 7 of 22 /1 -5/ 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 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 Stratus Agreement - University Project Phase II Page 8 of 22 /1-3~ 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 Stratus Agreement - University Project Phase II Page 9 of 22 /1-33 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 thatthe 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 Stratus Agreement - University Project Phase II Page10of22 /1- jf 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] Stratus Agreement - University Project Phase II Page 110122 //-35 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: CITY OF CHULJ!.. VISTA Dated: ,2005 By: Stephen Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney STRATUS, a division of the JCM Group BY:~ Wayne. Twedell, President Dated: 'Ø' \ . ,2005 Exhibit List to Agreement ex) Exhibit A. Stratus Agreement - University Project Phase " Page 12 of 22 /1 -3 b Exhibit A to Agreement between City of Chula Vista and STRATUS, a division of The 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 Stratus Agreement - University Project Phase II Page 13 of 22 //-37 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. 1. 2. Detailed Scope of Work: 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: March 15, 2005; May 24, 2005; and August 30, 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. Formalization of Initial Institutional (University) Partners Stratus Agreement - University Project Phase II Page 14 of 22 / /-jP a. b. c. 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. 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. ii. iii. iv. v. vi. Higher education need for the region Academic programs Program articulation among the institutions Financial participation Capital participation Physical concepts (i.e., academic neighborhoods or cluster colleges or stand-alone institutions) Consultant shall provide a formal progress report to City Council on May 24, 2005, and with Council approval, will deliver a final prospectus to Council on August 30, 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: Stratus Agreement - University Project Phase II Page 15 0122 /1~31 b. 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 March 15, 2005. 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 May 24, 2005 Council meeting. v. Finalize the project vision, mission, and guiding principles, to be delivered to City Council August 30, 2005. 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: c. ii. iii. 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. Review the framework with University Advisory Group. Review the framework with Charter Partners, and reconcile with the University Center Prospectus developed in 2.b above. Stratus Agreement - University Project Phase II Page 16 of 22 // -~O 4. 5. iv. Review the framework with City Council Members. v. Finalize governance framework and organizational structure, to be delivered to City Council August 30, 2005. 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 May 24, 2005, and with Council approval, will deliver a final Funding Strategy to Council on August 30, 2005. 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 institutional partners. iii. Review and provide substantive and material input to preliminary and final drafts ofthe strategy developed by Project Director. b. Consultant shall create a comprehensive report, which identifies all significant economic benefits to the City/Region, with respect to the University Center, to be incorporated in the City's economic development strategy. Stratus Agreement - University Project Phase II Page 170f22 /1~£fÎ 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, andlorworking 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 OversighUApproval Due date: August 30, 2005 Deliverable No.2: Formalization of Initial Institutional (University) Partners Due date: August 30, 2005 Deliverable No.3: Formation of University Organization Due date: August 30, 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: August 30, 2005 Deliverable No.5: Assistance in the Development of Overall Financial and Business Plans for the University Study Area. Due date: August 30, 2005 Stratus Agreement - University Project Phase II Page 18of22 / I-~L Deliverable No.6: Represent the University Partners in Development of the Framework land Use Strategy and Campus Plan Concept. Due date: August 30, 2005 D. Date for completion of all Consultant services: August 30, 2005 (except attendance at public hearings which could occur after this date) 9. Insurance Requirements: (x) (x) (x) (x) Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). ( ) 10. Materials Required to be Supplied by City to Consultant: 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 of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (x) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for Four Hundred Fifty-One Thousand Dollars ($451,000), which includes all Materials and other "reimbursables" ("Maximum Compensation"). Stratus Agreement - University Project Phase II Page 190f22 /! -;£-3 RATE SCHEDULE Hourly 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 For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: ( ) None, the compensation includes all costs. 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@cLchula-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 Stratus Agreement - University Project Phase II Page 20 of 22 / ¡-L/¥ 14. 15. 16. 17. Email: jhawkes@stratus.nu Liquidated Damages Rate: N/A Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) ( ) (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. List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None. ( ) Consultant is Real Estate Broker and/or Salesman Permitted Subconsultants: Stratus Agreement - University Project Phase II Page 21 of 22 /I-~S 7. C. 8. Lee Kerschner EIP Associates 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: City's Account Number: 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: Stratus Agreement - University Project Phase II Page 22 of 22 //--~ RESOLUTION NO. 2005-- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION PROCESS AND GRANTING AN AGREEMENT WITH BMS DESIGN GROUP FOR THE PREPARATION OF A FRAMEWORK LAND USE STRATEGY AND THE PREPARATION OF A PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK AND APPROPRIATING $256,245 FROM THE AVAILABLE FUND BALANCE OF THE 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 preparation of the City's Higher EducatioR Recruitment Strategy; and WHEREAS, BMS Design Group ("BMS") and EIP were approved as key 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, the City requires consultant services for the preparation of a framework land use strategy and preliminary campus plan concept; and WHEREAS, staff recommends that the City's selection process with respect to this professional service agreement be waived because BMS has: 1 ) 2) Provided quality consultant services (via subcontract) to the City for over a year; Demonstrated a deep and unique understanding of the land use dynamics of the City especially in the area where the university will be located; Understands the intricacies and potential of the specific type of university project that is contemplated/proposed; and Developed strong, project-specific relationships with City staff, other project consultants and local stakeholders. 3) 4) // -¥7 WHEREAS, BMS has performed excellent work for the City over the past year and is the most qualified consultant to assist the City in completing the framework land use strategy and preliminary campus plan concept components of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby waive the formal consultant selection process and approves a consulting agreement with BMS Design Group for the preparation of a framework land use strategy and preliminary campus plan concept in an amount not to exceed $256,245. BE IT FURTHER RESOLVED that $256,245 is hereby appropriated from available balance of the General Fund to the Planning and Building Department's Fiscal Year 2004- 2005 supplies and services budget BE IT FURTHER RESOLVED that the City Council hereby authorizes and approves the cost participation by adjacent landowners for preparation of the Framework Strategy in the amount of $75,350, which shall be reimbursed to the General Fund.. Presented by Approved as to form by ~7..*- Laurie A. Madigan Director of Community Development Ann Moore City Attorney J:\COMMDEVIRESOSI2005\O3-01-05IJJMS Roso - 03-Q1-05.doc //-+'1' 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 VG-t,c+.- Ann Moore City Attorney Dated: March 3, 2004 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND BMS DESIGN GROUP FOR THE PREPARATION OF A FRAMEWORK LAND USE STRATEGY AND THE PREPARATION OF A PRELIMINARY CAMPUS PLAN CONCEPT FOR THE UNIVERSITY PARK // ~c/9 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 March 8, 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/eMS Agreement Page 1 //-::;'u Obliaatorv Provisions Paaes 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 separate Chula Vista/8M3 Agreement Page 2 //~5"( 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/eMS Agreement //-5:",2.. Page 3 H. Security for Performance. (1 ) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond 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 Chula Vista/BMS Agreement Page 4 // -~3 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 Chula VistalBMS Agreement // -5£/ Page 5 The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economié Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Chula Vista/eMS Agreement /1- f;;-ç Page 6 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. 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 VistalBMS Agreement Page 7 I/-~~ 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 VistalBMS Agreement Page 8 Ii - 57 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 VistalBMS Agreement //-;)f Page 9 Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. 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 //-57 Page 10 All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing 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 //- -10 0 Page 11 Signature Page to Agreement Between City of Chula Vista and 8MS DESIGN CROUP 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 indic¡¡¡te their full and complete consent to its terms: . CITY OF CHULA VISTA Dated: --' 2005 Attest: By: Stephen Padilla, Mayor Susan Bigelow, City Clerk Approved as to form: Ann Moore, City At1orneÿ- BMS DESIGN GROUP BY~~ Dated: /""J-J4ct v<--t :2-, 2005 Chul~ Vista/8MB Agreement Page 12 Exhibit List to Agreement (x) Exhibit A. /1 ~Col 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: March 8, 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: business form] , a [insert 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 //to.)... 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 (Le. 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. 1. FRAMEWORK STRATEGY WORK TASKS PROJECT INITIATION a. b. c. d. 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. 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. "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. Framework Strategy Administration and Implementation City and Consultant staff will meet to discuss and evaluate the comparative merits Chula Vista/BMS Agreement Page 14 /1 ~b3 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. Framework Strategy and Implementation Objectives Based on the input received from the meetings conducted in Task 1.d, 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: i. Site and Reqional Context Property ownership; Subdivision; Topography; Existing and planned transportation; infrastructure/utilities; and public services (schools, parks, etc.); Existing uses; Delineation of MSCP Conserved Areas ii. Planninq Context: Multi-Institutional University Proqram In conjunction with the MITC partnership, 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. Economic and Market (*optional work tasks as the basis for the understanding of market demands and potential competition among individual property owners). If authorized, optional task requires additional budget allocation, with the amount to be determined by agreement between the City and Consultant. Chula VistalBMS Agreement / / - 6+ Page 15 b. . Sub-regional population and economic forecasts . Sub-regional and local market demands for housing, retail commercial, office, research and development/industrial, and other uses (based on review of existing studies and literature and consultation with City's economic consultant, Economics Research Associates) . Potential demands for housing, retail, office, and research and development uses induced by development of the proposed multi- institutional university campus (based on review of studies for comparable facilities and ERA and Stratus input) iv. 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 review and entitlement processes . Land use designations and General Plan policies applicable to the UPRC Initial 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 (limited to the intended functional role, key land uses, community character, urban form, relationships to campus and adjoining uses, and key inter-relationships necessary among districts, including desired linkages created through circulation and mobility) ii. Land use types and distribution, including inter-relationships among sub-areas and individual ownerships, compatibility of uses, and flexibility to respond to long-term evolution of the marketplace and development of the campus Hi. Establish the appropriate planning boundary between the Eastern Urban Center and Village 9 iv. Urban form and development density and intensity Chula Vista/BMS Agreement Page 16 /1 ~tø S- vii. viii. x. c. d. v, Topographic form and grading, including where slopes are most appropriate to accommodate elevation changes within and among planning sub-areas and individual properties vi. Circulation network (automobile, including location and alignment of the Town Center Arterial; identifying an appropriate street grid and block system; transit route(s) and station locations; and pedestrian and bicycle), as well as implications of Highway 125 location and interchanges and ramps Campus approach for vehicles versus the transit/pedestrian approach Open space elements and network ix. Identify the location of major public facilities required, including recommended locations for schools, backbone infrastructure systems and facilities, including a large electrical sub-station Enhancing connectivity among individual properties and across primary transportation corridors, including Highway 125. The focus is primarily on connectivity between the university and the adjacent University Village and enhancing the university's linkage to the Regional Technology Park. 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 the initial concepts and key Framework elements defined in Task 2.b. Based on the review, variations of or additional concepts may be identified with the property owners. Review Initial Concepts and Property Owner Input 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 a. Revise Planning and Design Concepts This task will build upon the concepts defined in Task 2.b, refining a set of concept alternatives for the study area based on input from the property ChuJa Vista/BMS Agreement /1 -t,~ Page 17 b. owners and City staff. Again, alternative solutions to key framework elements will be considered (as listed for Task 2.b), including: Land use, identify potential land use conflicts; Circulation; open space; urban form, including types, sizes, and locations of public spaces and parks; topography/grading; and linkages and relationships between sub-areas, 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 form 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, Density/intensity, Height, Architectural character, Parking, and 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." Property Owner Meetings-Input for Revised Planning and Design Concepts A meeting will be conducted with each property owner to review and receive input and feedback for the revised sketch plan and design elements. Consultant will focus 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 Chula Vista/BMS Agreement //~h 7 Page 18 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, input for a consensus preferred concept plan (including component elements), and design principles that will be basis for formalized development standards will be solicited. c. De-Brief with City Staff The revised concepts and property owner input 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 for the university and all sub-area SPA plans, as well as any input the substantively conflicts with the City's planning and development objectives and policies. 4. FINAL LAND USE AND DESIGN FRAMEWORK a. Refine Framework Strategy Elements Consultant shall continue to refine the preferred strategies and preliminary development standards, further testing and illustrating strategy components based on property owner and City staff input. This will include all framework elements in plan form, as well as detailed guidelines and standards for components and sub-areas adequate to provide clear direction and commitments, 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 . 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 Chula Vista/BMS Agreement I""> ,/ ¡---c.y Page 19 . 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 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. De-Brief with City Staff A meeting will be conducted by Consultant with City staff to review input from the property owners. 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, administration and 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 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 written property owner and City staff comments on the administrative draft Framework Strategy. Chula Vista/BMS Agreement /1-69 Page 20 d. TASK #2. 1. Draft Final Framework Strategy Consultant will revise the Framework Strategy to reflect City staff input and published for review with the City Council. INITIAL CAMPUS PLAN CONCEPTS WORK TASKS 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 concept 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. 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 forthe 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 Chula Vista/BMS Agreement //-70 Page 21 b. v. 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. 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. Research and Data Gatherina 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 Proaram Interviews and Site 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. Preliminary Campus Development Proaram 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. 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 Chula Vista/BMS Agreement // - 7/ Page 22 vi. vii. 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 of learning that foster interaction among students, faculty, and the public . The particular missions of the partners relative to their target student populations. 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. 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: Chula Vista/eMS Agreement / /- ),L Page 23 C. D. 9. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: TASK #1. Framework Strategy Work Tasks Due date: July 29, 2005 Deliverable No.2: TASK #2. Initial Campus Plan Concepts Work Tasks Due date: July 29, 2005 Date for completion of all Consultant services: July 29, 2005 (except attendance at public hearings which could occur after this date) Insurance Requirements: (x) (x) (x) (x) ( ) 10. Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 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 ofthe 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 Two Hundred Fifty-Six Thousand Two Hundred Forty-Five Chula VistalBMS Agreement Page 24 /1 -13 Dollars ($256,245), which includes all Materials and other "reimbursables" ("Maximum Compensation"). (x) RATE SCHEDULE Cate 0 of Consultant's Senior Consultant Senior Consultant Senior Consultant Consultant Consultant Plannin Su ort Plannin Su ort Plannin Su ort BMS Staff BMS Staff Hourly Rate $175 $175 $175 $150 $150 $110 $110 $110 $80 $80 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 required, City shall pay Consultant at the rates or amounts set forth below: ( x) None, the compensation includes all costs. 13. Contract Administrators: City: Consultant: 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@cLchula-vista.ca.us 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 Chula VistalBMS Agreement Page 25 // - ?¥ 16. 17. 18. 19. 14. 15. A. B. C. Liquidated Damages Rate: N/A Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) ( ) Not Applicable. Not an FPPC Filer. FPPC Filer (X) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None. ( ) Consultant is Real Estate Broker and/or Salesman Permitted Subconsultants: EIP Bill Processing: Consultant's Billing to be submitted for the following period of time: (x) Monthly ( ) Quarterly ( ) Other: 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: City's Account Number: N/A 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 Chula VistalBMS Agreement Page 26 //-7~- 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: Chula Vista/BMS Agreement Page 27 //~7(p Memorandum To: Honorable Mayor and Council From: Erin Bradley, Intergovernmental Affairs Coordinator Date: March 7, 2005 Subject: Community Development Block Grants This packet contains: 1. The breakdown of how this affects Chula Vista and what has been done 2. Chula Vista's 2005-2006 CDBG Budget 3. A Sample Resolution from the League of California CKies If you have any additional questions, I will be happy to research and answer them. Thank you, Erin Bradley Intergovernmental Affairs Coordinator 619-691-5175 (direct line) CC: Tom Oriola City Clerk Community Development Block Grant FY 2006 President's Budget Reauest (according to Ihe California Institute Special Report 2/8/05) Community Development Block Grant program (CDBG) The Bush budget proposes a major reorganization of the Community Development Block Grant program. Under the plan, nea~y all of the programs that comprised the Community Development Fund, including the CDBG, will be moved out of HUD and com- bined with 17 other programs in the Commerce Depa~ment. Wtthin the Commerce Depa~ent, the 18 combined programs would receive proposed funding of $3.7 billion. In FY05, the Community Development Fund had a budget of $4.7 billion and the combined programs affected by the Bush plan, including CDBG, would have had a total budget of $5.6 billion,. Thus, the move to Commerce and consolidation with other existing programs would lead to a $1.9 billion cut in community development funds. In FY05, California received 12.8 percent of all CDBG grants worth $537 million of the programs $4.1 billion grant funds. A few of the small Community Development Programs -the Self-Help Homeownership OppMunity program (SHOP), Indian Community Development Block Grant program, and Native Hawaiian Housing Block Grant program - would remain in HUD. The CDBG funds are a gage for how much we can borrow for projects like the Castle Park project. We are allowed to apply for a Federal Loan that is 5 times the amount of our allocation. If these funds are signifi- cantly cut, the dollar amount we have the ability to borrow for projects including Castle Park goes dramati- cally down. Meeting with Congressman Filner regarding this issue (February 23, 2005): Congressman Filner would like us to get him concrete numbers and the departments this would affect us so he can strongly address it in DC. He was under the impression that should this budget pass with t~e CDSG moving to the Commerce umbrella, we would receive approximately half of what we are currently receiving. He wanted a list of programs and projects we would have to cut as a result of losing the CDSG money. I will talk to Community Devel- opment to have them give me an idea of what will be removed from the current program. Afb:Jr.hmAnt~. The breakdown of Chula Vlsla's past use .01 CDBG A Sample Resolution from the League 01 Calnomia Cities FY 2005-2006 COBG Budget Adminstration - Maximum of 20% of Total Entitlement $ Activities funded under this category include administration and planning costs associated with management of the programs in general, This includes salaries and overhead ex enses Public Services - Maximum of 15% of Total Entitlement $ 357 600.00 Activities funded under this category include services such as Recreation programs, youth services, senior services, disabled services, homeless, etc, Other P rams/Pro"ects - 65% of Grant $ 1,549,600.00 The remaining balance of the grant is allocated towards projects such as City Capital Improvement Projects (sidewaks, concrete and drainage improvements and public facility improvements). Other activities include economic development and other related communi r ramI ro'ects 2004-06 2004-07 2004-08 1004-{)9 L004-10 2004-11 2004-12 2004-13 2004-14 2004-15 2004-16 2004-17 2004-18 2004-19 2004-20 2004-21 2004-22 2004-23 2004-24 2004-25 2004-26 2004-27 2004-28 2004-29 2004-30 2004-31 2004-32 2004-33 2004-34 05B 05B 05A 5 5 3 05A 05A. 05A 05A 05A 05A 05A 5 14A 05M 050 050 050 050 050 050 05A 05G 05G 05G 05G 05B 050 ATTACHMENT NO.1 Grant Entitlement $ 2379,000.00 Prior Year Pr ram Income 174,748.00 Funds Reallocated er Amendment of 02/15/05 2 185 899.4 Total Funds Available $ 4,739,647.47 moun vala e or mini ra Ion (20% of Entitlement) $ 475,800.00 oun vala e or u IC rvlces (15% of Entitlement) $ 356,850.00 Charles 1. Cheneweth Foundation City of Chula Vista-Recreation Dept. Chu a Vista Veterans Home Foundation City of Chula Vista-Public library Dress for Success/Suits you SO George G Glenner Alzheimer's Family Centers L eran Social Services St. Charles Nutrition Adult Protective Services Meals on Wheels Elder lay & Advocacy City of Chula Vista Recreation Dept. Salvation Army Therapeutic Services Collaborative Computer La Chula Vista literacy Team Center Professional Women's Group South Bay Adult Day Center South Bay Senior Collaborative Lutheran Social Services Lutheran Social Services Sharp Healthcare Foundation South Bay Community Services Boys and Girls Club of Chula Vista CV Cluster of Coordinating Council Chula Vista Police Department PAL Otay Recreation Center Programs South Bay Family YMCA South Bay Community Services South Bay Community Services Center for Community Services YWCA Domestic Violence YMCA Family Stress Counseling Svcs. Greg Rogers Elementary School ami y 55 ounse 1"9 vcs. y Assistance of Chula Vista Caring Neighbor Program The Spirit of Caring Mobile Health Care Clinic $ $ $ $ $ $ $ $ $ $ $ Youth Services Network Thursday's Meal Chula Vista Family Violence Prevention Special Needs/Disabled $ YMCA Kinshi Su rt Services $ Total Public Services $ Sur lus/OVerex enditure $ Percentage of Entitlement Expended 371 860.00 40000.00 1 000.00 39 000.00 23,940.00 475,800.00 20% $ $ $ $ $ $ 32,086.00 3,500.00 8,000.00 8,000.00 5,000.00 58,275.00 8,000.00 29,000.00 17,000.00 27,966.00 19,208.00 7,330.00 9,409.00 9,672.00 39,454.00 6,000.00 44,100.00 3,850.00 20 000.00 355 850.00 1,000.00 14% South Coun Partnershi Contractin 0 ortunities Center Small Business Dev. & International Trade Center Subtotal TOTAL GRANT EXPENDITURE FUNDS AVALABLE DEAOT/SURPLUS % OF ENTITLEMENT EXPENDED 17 000.00 10 751.00 10 000.00 37,751.00 4,739,647.47 4,739,647.47 100% . . . SAMPLE RESOLUTION Community Development Block Grant Program WHEREAS for thirty years America's cities, including both large and small cities in Califomia, have used Community Development Block Grant (CDBG) grants to create jobs, provide affordable housing, eliminate blight, and generate new economic investment; and WHEREAS CDBG funds have played a critical role in community and economic development in [CITY]; and WHEREAS, CDBG funds have been a powerful economic engine and a job creator, allowing [CITY] to leverage private investment in (describe business oroiectsl. employing (aooroximate number of oeoolel and attracting more than ($_) in equity investment; and WHEREAS, CDBG funds represent a catalyst for creating more affordable housing, making it possible for [City] to use [$ -I to help build U new rental housing units and revitalize U single family homes. As a result, private investors contributed [LJ to the project. CDBG-funded rehabilitation has resulted in [x] number of homes being hooked up to sewer lines providing more that U families with clean. decent, affordable housing; and WHEREAS, the CDBG program offers a mechanism for building publiC infrastructure, whereby [City] used [$-1 to (e.g. redesign roads, build sewerage systems, etc.); and WHEREAS, the CDBG program has increased the quality of life in [CITY], as evidenced by [describe removal of blight, reduced drug trafficking or other crime, other benefits]; and WHEREAS, the President has proposed a new "Strengthening America's Communities Initiative" which combines 18 direct grant programs, including CDBG, into one within the Economic Development Administration (EDA); and WHEREAS, at $3.71 billion, the new program (which combines 18 programs) is nearty $1 billion less the current CDBG program alone; and WHEREAS, without proper funding for CDBG, we risk undermining the economic well being of our communities, the future generations that live there, and the nation as a whole. NOW, THEREFORE, BE IT REgOL VED BY THE [CITY] of that we hereby request that Congress enact a FY 2006 budget and appropriations package that funds CDBG formula grants at no less than $4.355 billion, which is level with FY 2005 allocations; and REgOL VED FURTHER, that Congress maintain the CDBG as a separate and distinct program from other economic development programs that provides a direct and flexible source of funding to local governments; and REgOL VED FURTHER, that Congress maintain the current "dual formula" system where 70 percent of CDBG funds go to entitlement communities based on population; and REgOL VED FURTHER, that we will send a copies of this resolution to Senator Barbara Boxer and Senator Dianne Feinstein, and to the League of California Cities, Attention: Genevieve Morelos, 1400 K Street, 4fu Floor, Sacramento, CA, 95814. ADOPTED this day of ,2005. Memorandum To: Honorable Mayor and Council From: Erin Bradley, Intergovernmental Affairs Coordinator Date: March 7, 2005 Subject: Community Development Block Grants This packet contains: 1. The breakdown of how this affects Chula Vista and what has been done 2. Chula Vista's 2005-2006 CDBG Budget 3. A Sample Resolution from the League of California Cities If you have any additional questions, I will be happy to research and answer them. Thank yOU, Erin Bradley Intergovernmental Affairs Coordinator 619-691-5175 (direct line) CC: Tom Oriola City Clerk Community Development Block Grant FY 2006 President's Budget Request (according to the California Institute Special Report 218105) Community Development Block Grant program (CDBG) The Bush budget proposes a major reorganization of the Community Development Block Grant program. Under the plan, nearly all of the programs that comprised the Community Development Fund, including the CDBG, will be moved out of HUD and com- bined with 17 other programs in the Commerce Department. Within the Commerce Department, the 18 combined programs would receive proposed funding of $3.7 billion. In FY05, the Community Development Fund had a budget of $4.7 billion and the combined programs effected by the Bush plan, including CDBG, would have had a total budget of $5.6 billion,. Thus, the move to Commerce and consolidation with other existing programs would lead to a $1.9 billion cut in community development funds. In FY05, California received 12.8 percent of all CDBG grants worth $537 million of the programs $4.1 billion grant funds. A few of the small Community Development Programs - the Self-Help Homeownership Opportunity program (SHOP), Indian Community Development Block Grant program, and Native Hawaiian Housing Block Grant program - would remain in HUD. The COBG funds are a gage for how much we can borrow for projects like the Castle Park project. We are allowed to apply for a Federal Loan that is 5 times the amount of our allocation. If these funds are signifi- cantly cut, the dollar amount we have the ability to borrow for projects including Castle Park goes dramati- cally down. Meeting with Congressman Filner regarding this issue (February 23, 2005): Congressman Filner would like us to get him concrete numbers and the departments this would affect us so he can strongly address it in DC. He was under the impression that should this budget pass with t~e CDBG moving to the Commerce umbrella, we would receive approximately half of what we are currently receiving. He wanted a list of programs and projects we would have to cut as a result of losing the CDBG money. I will talk to Community Devel- opment to have them give me an idea of what will be removed from the current program. A!tar.hmAnb;" The breakdown of Chula Vista's past use of COBG A Sample Resolution from the League of Califomia Cilies FY 2005-2006 CDBG Budget Adminstration - Maximum of 20% of Total Entitlement 476,800.00 Activities funded under this category include administration and planning costs associated with management of the programs in general. This includes salaries and overhead ex enses Public Services - Maximum of 15% of Total Entitlement $ 357 600.00 Activities funded under this category include services such as Recreation programs, youth services senior services, disabled services, homeless, etc. Other P rams/Pro'ects - 65% of Grant $ 1,549,600.00 The remaining balance of the grant is allocated towards projects such as City Capital Improvement Projects (sidewaks, concrete and drainage improvements and public facility improvements). Other activities include economic development and other related communi r ramI ro'ects 20 -06 2004-07 2 04-08 1004-09 L004-10 2004-11 2004-12 2004-13 2004-14 2004-15 2004-16 2004-17 2004-18 2004-19 2004-20 2004-21 2004-22 2004- 3 2004-24 2004-25 2004-26 2004-27 2004-28 20 4-29 2004- 0 . 2004-31 2004-32 2004-33 2004-34 05B 05B 05A 5 5 3 05A 05A 05A 05A 05A 05A 05A 5 14A 05M 05D 05D 05D 05D 05D 05D 05A 05G 05G 05G 05G 05B 05D ATTACHMENT NO.1 Grant Entitlement Prior Year Pr ram Income Funds Reallocated r Amendment of 02/15/05 Total Funds Available moun val a e or mini ra Ion (20% of Entitlement) aun val a e or U Ie lVlces (15% of Entitlement) Charles I. Cheneweth Foundation aty of Chula Vista-Recreation Dept. Chula Vista Veterans Home Foundation City of Chula Vista-Public Library Dress for Success/Suits you SD George G Glenner Alzheimer's Family Centers Lutheran Social Services St. Charles Nutrition Adult Protective Services Meals on Wheels Elder lay & Advocacy City of Chula Vista Recreation Dept. Salvation Army Computer Lab Chula Vista Literacy Team Center Professional Women's Group South Bay Adult Day Center South Bay Senior Collaborative Lutheran Social Services Lutheran Social Services Sharp Healthcare Foundation Sout Bay Community Services Boys and Girls Club of Chula Vista CV Cluster of Coordinating Council Chula Vista Police Department PAL Otay Recreation Center Programs South Bay Family YMCA South Bay Community Services Sout Bay Community Services Center for Community Services YWCA Domestic Violence YMCA Family Stress Counseling SVC5. Greg Rogers Elementary School ami ss unse 109 VC5. U I IY Assistance of Chula Vista Caring Neighbor Program The Spirit of Caring Mobile Health Care Clinic $ $ $ $ $ $ $ $ $ $ $ Youth Services Network Thursday sMeal Chula Vista Family Violence Prevention Special Needs/Disabled $ YMCA Kinshi Su port Services $ Total Public Services $ Sur lus/OVerex enditure $ Percentage of Entitlement Expended 2 379,000.00 174,748.00 2 185 899.4 $ 4,739,647.47 $ 475,800.00 $ 356,850.00 371 860.00 40,000.00 1,000.00 39 000.00 23 940.00 475 800.00 20% 32,086.00 3,500.00 8,000.00 8,000.00 5,000.00 58,275.00 8,000.00 29,000.00 17,000.00 27,966.00 19,208.00 7,330.00 9,409.00 9,672.00 39,454.00 6,000.00 44,100.00 3,850.00 20 000.00 355 850.00 1,000.00 14% South Coun partnershi $ Contractin 0 ortunities Center $ Small Business Dev. & International Trade Center $ Subtotal $ TOTAL GRANT EXPENDITURE $ FUNDS AVALABLE $ DEFIOT /SURPLUS $ % OF ENTITLEMENT EXPENDED 17 000.00 10 751.00 10 000.00 37,751.00 4,739,647.47 4739,647.47 100% . . . SAMPLE RESOLUTION Community Development Block Grant Program WHEREAS for thirty years America's cities, including both large and small cities in California, have used Community Oevelopment Block Grant (COBG) grants to create jobs, provide affordable housing, eliminate blight, and generate new economic investment; and WHEREAS COBG funds have played a critical role in community and economic development in [CITY]; and WHEREAS, COBG funds have been a powerful economic engine and a job creator, allowing [CITY] to leverage private investment in (describe business proiects), employing (approximate number of people) and attracting more than ($_) in equity investment; and WHEREAS, COBG funds represent a catalyst for creating more affordable housing, making it possible for [City] to use [$ -1 to help build U new rental housing units and revitalize U single family homes. As a result, private investors contributed [$-1 to the project. COBG-funded rehabilitation has resulted in [x] number of homes being hooked up to sewer lines providing more that U families with clean, decent, affordable housing; and WHEREAS, the COBG program offers a mechanism for building public infrastructure, whereby [City] used [$-1 to (e.g. redesign roads, build sewerage systems, etc.); and WHEREAS, the COBG program has increased the quality of life in [CITY], as evidenced by [describe removal of blight, reduced drug trafficking or other crime, other benefits]; and WHEREAS, the President has proposed a new 'Strengthening America's Communities Initiative' which combines 18 direct grant programs, including COBG, into one within the Economic Development Administration (EOA); and WHEREAS, at $3.71 billion, the new program (which combines 18 programs) is nearly $1 billion less the current COBG program alone; and WHEREAS, without proper funding for COBG, we risk undermining the economic well being of our communities, the future generations that live there, and the nation as a whole. NOW, THEREFORE, BE IT RESOLVED BY THE [CITY] of that we hereby request that Congress enact a FY 2006 budget and appropriations package that funds COBG formula grants at no less than $4.355 billion, which is level with FY 2005 allocations; and RESOL VEO FURTHER, that Congress maintain the COBG as a separate and distinct program from other economic development programs that provides a direct and flexible source of funding to local governments; and RESOLVED FURTHER, that Congress maintain the current "dual formula' system where 70 percent of CDBG funds go to entitlement communities based on population; and RESOLVED FURTHER, that we will send a copies of this resolution to Senator Barbara Boxer and Senator Oianne Feinstein, and to the League of California Cities, Attention: Genevieve Morelos, 1400 K Street, 4~ Floor, Sacramento, CA, 95814. AOOPTED this day of ,2005.