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Home My WebLink AboutAgenda Packet 2005/04/12 I declare under penalty of perjury that I am \0 ed b the City of Chuta Vista In the . ~~Fce ~f th: City Clerk and that I posted this document on the bulletin board according to Brown Act requirements. Dated 4~ 5 Signed t I CITY OF CHULA VISTA ADJOURNED REGULAR MEETING OF THE CITY COUNCIL REVISED (location) AGENDA April 12, 2005 5:00 P.M. Conference Rooms 2 and 3 Public Services Building 276 Fourth Avenue CALL TO ORDER ROLL CALL: Councilmembers: Castaneda, Davis, McCann, Rindone, and Mayor Padilla 1. INTERVIEWS TO FILL ONE VACANCY ON THE PARKS AND RECREATION COMMISSION 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 jùture discussion or refer the matter to staff. Comments are limited to three minutes. ADJOURNMENT to the Regular Meeting of April 12, 2005 at 6:00 p.m. in the Council Chambers. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The City of ChuIa Vista, in complying with the Americans with Disabilities Act (ADA), requests individuals who may need special accommodation to access, attend and/or participate in a City meeting, activity or service to contact the City Clerk's Office (619) 691-5041 for specific infonnation on existing resources or programs that may be available for such accommodation. Please call at least forty-eight hours in advance for meetings and five days in advance for schedule services and activities. ~{~ iiiI!iii; ~------ - -- Mayor and City Council City Of Chuia Vista 276 Fourth Avenue Chuia Vista, Ca 91910 619.691.5044 - 619.476.5379 Fax MEMO cnv OF CHUlA VISTA Wednesday, April 06, 2005 TO: Honorable Mayor & City Council Natalie D. Flores4~ Parks & Recreat~:¿mmission Interviews FROM: RE: Below is the list of seven candidates scheduled for the interviews next Tuesday, April 12, 2005 beginning at 5:00 p.m. in the Council Conference Room. Their applications are attached for your reference. If you have any questions or need further information, please let me know. PARKS & RECREATION COMMISSION INTERVIEW SCHEDULE OF SELECTED APPLICANTS TUESDAY, APRIL 12, 2005 5:00 - 6:00 p.m. INTERVIEW TIME CANDIDATE 1. 5:00 p.m. Brett Davis 2. 5:05 p.m. Israel Garza 3. 5:10 p.m. Robert Santos 4. 5:15 p.m. Mike German 5. 5:20 p.m. Chris Searles 6. 5:25 p.m. Tiffany Vinson 7. 5:30 p.m. Lisa Johnson Parks & Recreation Memo April 6, 2005 Page 2 The selected applicants listed below will not be interviewed for the following reasons: 1. Bob Thomas - Indicated he would "pass" on opportunity. 2. Juan Cervantes - City Employee (Section 611 of the City Charter - Parks and Recreation Commission, states that "...no member of said commission shall hold any paid office or employment in the City govemment..."). 3. Cynthia Drake - Relocating - will no longer be a Chula Vista resident. Attachments. Cc: Tom Oriola (wi attachments) 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 ((¡jÓS Signed L April 12, 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 · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO CHRISTINE SHAW, FIRE DISPATCHER SUPERVISOR, PROCLAIMING THE WEEK OF APRIL 10 THROUGH APRIL 16, 2005 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS APPRECIATION WEEK · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO PATTI HOLIAN, POLICE DISPATCH SUPERVISOR, PROCLAIMING THE WEEK OF APRIL 10 THROUGH APRIL 16, 2005 AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS APPRECIATION WEEK · PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO IRENE STILLINGS, SAN DIEGO REGIONAL ENERGY OFFICE EXECUTNE DIRECTOR, PROCLAIMING APRIL 12, 2005 AS CELEBRATION OF ARBOR DAY IN THE CITY OF CHULA VISTA CONSENT CALENDAR (Items 1 through 4) 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 March 22 and March 29, 2005. Staff recommendation: Council approve the minutes. 2. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE HAZARD ELIMINATION SAFETY (HES) PROGRAM FOR FUNDS TO IMPROVE TRAFFIC SIGNAL AND PEDESTRIAN FACILITIES AT FOURTH AVENUE AND K STREET, AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS Page 1 " Council Agenda April 12, 2005 The intersection at Fourth Avenue and K Street, near Chula Vista High School has been reviewed for improvements. Adoption of the resolution approves the filing of an application for grant funding from the Hazard Elimination Safety (HES) Grant Program, matched with Traffic Signal Fees, to fund a proj ect that will improve safety and traffic flow. The proposed proj ect upgrades the traffic signal system and reconstructs sidewalks and cross gutters at the intersection to comply with current Americans with Disabilities Act (ADA) standards. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolution. 3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH ERICKSON HALL CONSTRUCTION COMPANY TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF MOUNTAIN HAWK PARK (CIP PR257) LOCATED IN THE EASTLAKE VISTAS NEIGHBORHOOD OF EASTERN CHULA VISTA, APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT (4/5THS VOTE REQUIRED) On July 13, 2004 Council approved a Design Build Agreement with Erickson-Hall Construction Company for the construction of Mountain Hawk Park, for a not-to-exceed price of $3,377,458, with the Guaranteed Maximum Price (GMP) to be set upon receipt of 90 percent construction drawings. The project is nearing the end of the design phase and is ready to begin the construction phase this month. Adoption of the resolution approves the first amendment of the Design Build Agreement that will set the Guaranteed Maximum Price at $4,040,330. (Director of General Services) Staff recommendation: Council adopt the resolution. 4 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM E STREET TO G STREET FOR THE CINCO DE MAYO CELEBRATION ON MAY 1,2005 FROM 4:00 A.M. TO 9:00 P.M.; WAIVING PROHIBITION ON SIDEWALK SALES; AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM E STREET TO H STREET FOR THE LEMON FESTN AL ON AUGUST 14, 2005 FROM 4:00 A.M. TO 9:00 P.M.; WAIVING PROHIBITION ON SIDEWALK SALES AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM D STREET TO I STREET, H STREET BETWEEN SECOND AND FOURTH AVENUES, AND PORTIONS OF INTERSECTING STREETS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 3,2005 FROM 1:00 P.M. TO 10:00 P.M.; WAIVING PROHIBITION ON SIDEWALK SALES; AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT Page 2 - Council Agenda April 12, 2005 D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR SPECIAL EVENTS FOR 2005, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The Chula Vista Downtown Business Association is requesting the closures of Third A venue and other various streets for annual special events in 2005. (Director of Communications) Staffrecommendation: Council adopt the resolutions. 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. 5. CONSIDERATION OF APPROVAL OF A CONDITIONAL USE PERMIT TO CONDUCT A FARMERS' MARKET IN THE WAL-MART PARKING LOT AT 1360 EASTLAKE PARKWAY The applicant is requesting to establish a farmers' market at 1360 Eastlake Parkway, consisting of approximately 37 vendors, 21 of which will be Certified Agricultural Producers. The market will take place on Friday afternoons ITom 3:00 p.m. to 7:00 p.m. in spring and summer and until 6:00 p.m. in fall and winter. (Director of Planning and Building) Staff recommendation: Council conduct the public hearing and adopt the following resolution: RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AND ESTABLISHING CONDITIONS ON A CONDITIONAL USE PERMIT PCC-05-033 TO CONDUCT A FARMERS' MARKET IN THE IN THE PARKING LOT OF WAL-MART AT 1360 EASTLAKE PARKWAY, CHULA VISTA Page 3 - Council Agenda April 12,2005 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. 6. CONSIDERATION OF APPROVAL OF THE ADDITION OF ONE UNCLASSIFIED SENIOR DEPUTY CITY CLERK POSITION TO THE CITY CLERK'S OFFICE Adoption of the resolution authorizes the addition of a Senior Deputy City Clerk position in order to allow the City Clerk's Office to assume major responsibilities on behalf of other departments and successfully carry out current and long-term City Clerk work programs and goals. (City Clerk) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED SENIOR DEPUTY CITY CLERK POSITION TO THE CITY CLERK'S OFFICE 7. CONSIDERATION OF PROPOSED COMMENTS REGARDING THE DRAFT SAN DIEGO COUNTY AIRPORT LAND USE COMPATIBILITY PLAN As required by State law, the San Diego County Airport Land Use Commission is proposing a new San Diego County Airport Land Use Compatibility Plan for 16 public- use and military airports, including Brown Field. The purpose of the plan is to promote compatibility between airports and the land uses that surround them. Staff has reviewed the draft plan and is prepared to forward comments by the April 15 deadline. (Director of Planning and Building) Staff recommendation: Council adopt the following resolution: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT FROM STAFF CONCERNING THE DRAFT AIRPORT LAND USE COMMISSION COMPATIBILITY PLAN AND AUTHORIZING THE CITY MANAGER TO SEND A COMMENT LETTER ON SAID PLAN TO THE AIRPORT LAND USE COMMISSION ITEMS PULLED FROM THE CONSENT CALENDAR OTHER BUSINESS 8. CITY MANAGER'S REPORTS 9. MAYOR'S REPORTS 10. COUNCIL COMMENTS Page 4 - Council Agenda April 12, 2005 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). 11. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 · Assistant City Manager · Director of Community Development 12. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) · Application of SDG&E for Certificate of Public Convenience and Necessity for the Otay Mesa Power Purchase Agreement Transmission Project (A-04-03-008) ADJOURNMENT to an Adjourned Regular Meeting on April 19, 2005 at 5:00 p.m. in Conference Rooms 2 and 3 in the Public Services Building, 276 Fourth Avenue, and thence to the Regular Meeting of April 19, 2005, at 6:00 p.m. in the Council Chambers. Page 5 - Council Agenda April 12, 2005 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 22, 2005 6:00 P.M. A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:07 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone ABSENT: Councilmembers: Mayor Padilla ALSO PRESENT: City Manager Rowlands, Assistant City Attorney Marshall, and Assistant City Clerk Norris PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY . PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION DECLARING TUESDAY, MARCH 22, 2005 AS LAW ENFORCEMENT POLICE RESERVE AND MOUNTED OFFICER DAY IN THE CITY OF CHULA VISTA Deputy Mayor Davis read the proclamation, and Councilmember McCann presented it to representatives of the law enforcement police reserves and mounted officers. . PRESENTATION BY FRANK RIVERA, DEPUTY CITY ENGINEER, REGARDING CONSTRUCTION IN THE VICINITY OF INTERSTATE 805 INTERCHANGES AT EAST H STREET, OLYMPIC PARKWAY AND TELEGRAPH CANYON ROAD; AND REGARDING THE SR-125 TOLL ROAD Deputy City Engineer Rivera provided an update on construction activities on I-80S and the SR- 125 toll road facility. He also reported on the widening of East H Street, Telegraph Canyon Road lane improvements, and the Olympic Parkway interchange project. Senior Civil Engineer Ammerman added that the northbound onramp from Main Street to I-80S and northbound Olympic Parkway to the I-80S onramp have been lengthened to improve traffic merging onto the freeway. He discussed methods used to alleviate traffic congestion in the construction areas and stated that the City and CaITrans will continue to work to expedite the projects. Councilmember Castaneda requested that staff meet frequently with CalTrans and the contractor to expedite the freeway phase of the project in order to ease traffic backup on the freeway. Page I - Council Minutes l March 22, 2005 SPECIAL ORDERS OF THE DAY (Continued) · PRESENTATION BY ARMANDO BUELNA, OTAY WATER DISTRICT, REGARDING WATER ISSUES AFFECTING CHULA VISTA AND THE REGION Armando Buelna provided an update on local and regional water issues. He stated that members of the public interested in learning about methods to conserve water may access the Otay Water District's website at www.otavwater.gov and select "Conservation." CONSENT CALENDAR (Items 1 through 13) Regarding Item 8, Councilmember Castaneda expressed concern about the high cost contingencies associated with the project, and he requested that staff provide Council with an analysis of construction project expenditures by other municipalities. With reference to Item 2, Deputy Mayor Davis announced that there were four separate resolutions due to conflicts of interest by Councilmembers. Councilmember McCann stated that he would abstain from voting on Items 2B and 2C due to the ownership of property within the project area. Councilmember Rindone stated that he would abstain from voting on Item 2D due to the proximity of his residence to the project. 1. ORDINANCE NO. 2998, 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 (SECOND READING) The California Border Alliance Group (CBAG) has requested several classification updates and additions. 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 ordinance. 2. A. RESOLUTION NO. 2005-078, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT TO THE FOUR-YEAR TRANSNET, LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2004-2005 THROUGH 2007-2008, FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) EXCLUDING ANY AMENDMENTS OR SUBMISSIONS REGARDING THE FOLLOWING PROJECTS: I) FOURTH AVENUE RECONSTRUCTION BETWEEN DAVIDSON STREET AND STATE ROUTE 54; 2) THIRD AVENUE SIDEWALK IMPROVEMENTS BETWEEN D STREET AND FOURTH A VENUE; AND MAIN STREET/I-80S INTERIM IMPROVEMENTS B. RESOLUTION NO. 2005-079, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT REGARDING THE INCLUSION OF THE MAIN STREET/ I-80S INTERIM IMPROVEMENTS PROJECT IN THE FOUR-YEAR TRANSNET, LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2004-2005 THROUGH 2007-2008 FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) Page 2 - Council Minutes March 22, 2005 CONSENT CALENDAR (Continued) C. RESOLUTION NO. 2005-080, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT REGARDING THE THIRD AVENUE SIDEWALK IMPROVEMENTS BETWEEN D STREET AND FOURTH AVENUE TO THE FOUR-YEAR TRANSNET, LOCAL STREETS AND ROADS PROGRAM OF PROJECTS, FOR FISCAL YEARS 2004-2005 THROUGH 2007-2008, FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) D. RESOLUTION NO. 2005-081, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT REGARDING THE FOURTH AVENUE RECONSTRUCTION PROJECT BETWEEN DAVIDSON STREET AND STATE ROUTE 54, TO THE FOUR-YEAR TRANSNET, LOCAL STREETS AND ROADS PROGRAM OF PROJECTS FOR FISCAL YEARS 2004- 2005 THROUGH 2007-2008, FOR SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) SANDAG has requested that local agencies submit requests for amendments to existing projects included in the current Regional Transportation Improvement Program (RTIP). The current 2004/2005 RTIP includes City of Chula Vista transportation projects covering fiscal years 2004/2005 through 2007/2008. The annual development and approval of the RTIP by SANDAG is required for the continued receipt of state and federal transportation project funding. Chula Vista's proposed amendments to the RTIP involve adjusting the amount of Transnet funding among existing and proposed capital improvement program projects for Chula Vista. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 3 A. RESOLUTION NO. 2005-082, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH MUNIFINANCIAL, LLC FOR SPECIAL TAX CONSULTANT SERVICES FOR THE FORMATION OF MAINTENANCE COMMUNITY FACILITIES DISTRICT FOR OTAY RANCH VILLAGE SEVEN, PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION NO. 2005-083, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT RETAINING THE FIRM BEST BEST AND KRIEGER, LLP, AS THE SPECIAL TAX LEGAL COUNSEL FOR THE FORMATION OF THE MAINTENANCE COMMUNITY FACILITIES DISTRICT FOR OTAY RANCH VILLAGE SEVEN, PURSUANT TO THE MELLO- ROOS COMMUNITY FACILITIES ACT OF 1982, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT Page 3 - Council Minutes March 22, 2005 CONSENT CALENDAR (Continued) C. RESOLUTION NO. 2005-084, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 12- M (OTAY RANCH VILLAGE SEVEN) FOR MCMILLIN OTAY RANCH LLC AND OTA Y PROJECT L.P., AND APPROVING THE FORM OF TWO REIMBURSEMENT AGREEMENTS McMillin Otay Ranch LLC and Otay Project L.P. have submitted an application for establishing Community Facilities District No. 12-M (CFD-12-M) to fund the maintenance of certain public improvements serving Chula Vista and development improvements serving the Otay Ranch Village Seven project. Adoption of the resolutions approves the two consultant agreements and the initiation of proceedings to form CFD-12-M and directs City staff to proceed with the formation requirements, boundaries and other pertinent elements. (Director of General Services, City Engineer) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION NO. 2005-085, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $83,219 FROM THE OFFICE OF EMERGENCY SERVICES, APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2004/2005 POLICE DEPARTMENT SUPPLIES AND SERVICES BUDGET, WAIVING THE CONSULTANT SELECTION PROCESS, AND APPROVING THE CONTRACTUAL AGREEMENT WITH SOUTH BAY COMMUNITY SERVICES TO PROVIDE SERVICES FOR DOMESTIC VIOLENCE CASES The Police Department and South Bay Community Services have been providing Domestic Violence Response Team services for the past eight years. Approval of the agreement continues those services, including comprehensive assessments of children and families, immediate crisis intervention and follow-up services to the victims and children. (Chief of Police) Staff recommendation: Council adopt the resolution. 5. RESOLUTION NO. 2005-086, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2004/2005 POLICE BUDGET TO APPROPRIATE $138,740 OF AVAILABLE GRANT FUNDS FROM THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND The Police Department has discovered that grant money is available from the Supplemental Law Enforcement Services Fund. These available funds come from unexpended appropriations from the prior year budget and must be expended or encumbered by June 30, 2005. (Chief of Police) Staff recommendation: Council adopt the resolution. Page 4 - Council Minutes March 22, 2005 CONSENT CALENDAR (Continued) 6. RESOLUTION NO. 2005-087, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PURCHASE AGREEMENT IN THE AMOUNT OF $138,246 FOR ONE GRAFFITI REMOVAL TRUCK TO DISPENSING TECHNOLOGY CORPORATION In an effort to enhance the City's graffiti eradication and abatement program, a new graffiti abatement van was approved during the fiscal year 2004/2005 budget process. Eight potential respondents were contacted, with two companies submitting proposals. There were no local vendors who could design and build this type of truck. (Director of Public Works Operations) Staff recommendation: Council adopt the resolution. 7. RESOLUTION NO. 2005-088, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FOR $50,000 FROM THE CALIFORNIA DEPARTMENT OF FORESTRY & FIRE PROTECTION, TO SUPPLEMENT THE CITY'S REFORESTATION PROGRAM, AND APPROPRIATING SAID FUNDS TO THE ENVIRONMENTAL RESOURCE MANAGEMENT UNIT OF THE CONSERVATION AND ENVIRONMENTAL SERVICES DEPARTMENT Adoption of the resolution approves acceptance of a grant to supplement the City's reforestation program by providing funds to plant 460 shade trees Citywide on public rights-of-way. Trees will be provided to households and schools at no cost. Tree planting events will be focused in western Chula Vista to help beautify the City and to mitigate the impact of "urban heat island effect." (Director of Conservation and Environmental Services) Staffrecommendation: Council adopt the resolution. 8. RESOLUTION NO. 2005-089, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING BIDS DUE TO DISPARITIES IN THE BID PROPOSAL AND AWARDING CONTRACT FOR SIDEWALK IMPROVEMENTS AT 333-35 & 337-39 PALOMAR STREET IN THE CITY OF CHULA VISTA, CALIFORNIA (PROJECT STL-296) On February 4, 2005, sealed bids were received for this project. The work to be done includes excavation and grading, sidewalks, driveways, asphalt concrete pavement, removal and disposal of existing improvements, traffic control, other miscellaneous work, and all labor, material, equipment and transportation necessary for the proj ect. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 5 - Council Minutes March 22, 2005 CONSENT CALENDAR (Continued) 9 A. RESOLUTION NO. 2005-090, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH PCL CONSTRUCTION SERVICES, INC. TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF MONTEVALLE COMMUNITY PARK (CIP PR250), LOCATED IN THE ROLLING HILLS RANCH SUBDIVISION OF EASTERN CHULA VISTA, APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT B. RESOLUTION NO. 2005-091, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A SEPARATE CAPITAL IMPROVEMENT PROJECT FOR THE RECREATION FACILITY COMPONENT OF "MONTEVALLE RECREATION FACILITY", (CIP PR270), TRANSFERRING EXISTING PUBLIC FACILITIES DEVELOPMENT IMP ACT FEE FUNDS IN PR250 TO PR270, AND APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT The City Council previously approved Capital Improvement Project PR250 and the Master Plan for Montevalle Community Park, which conceptually designed and provided for the construction of a completed and fully functional park and recreation center. On December 16, 2003, the Council approved a design build agreement with PCL Construction Services, Inc. for this facility. The agreement contained a not-to-exceed price of $6,976,950 for the park and $5,347,250 for the building, with the guaranteed maximum price (GMP) to be set upon receipt of 90% construction drawings. The project is nearing the end of the design phase and ready to begin the construction phase. Adoption of the resolution approves the first amendment that will set the GMP at $13,998,532, which is comprised of $8,237,643 for the park and $5,760,889 for the building. (Director of General Services) Staff recommendation: Council adopt the resolutions. 10. RESOLUTION NO. 2005-092, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT WHEREBY THE FURNITURE, FIXTURES AND EQUIPMENT (FFE) BUDGETS FOR VETERAN'S PARK, SALT CREEK PARK AND MONTEVALLE PARK ARE CONSOLIDATED INTO "RECREATION FACILITIES - FURNITURE, FIXTURES AND EQUIPMENT" (PR265), TRANSFERRING EXISTING FUNDS AND APPROPRIATING FUNDS THEREOF Council previously approved the Veterans Park, Salt Creek Park and Montevalle Park capital improvement projects. All three parks contain budgets to outfit each facility as necessary to provide community recreation services. Adoption of the resolution approves the establishment of a new capital improvement project to consolidate all three furniture, fixtures and equipment budgets into one project, transfers existing funds and appropriates funds thereof. (Director of General Services) Staff recommendation: Council adopt the resolution. Page 6 - Council Minutes March 22, 2005 CONSENT CALENDAR (Continued) II A. RESOLUTION NO. 2005-093, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH RUDOLPH AND SLETTEN, INC TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF SALT CREEK COMMUNITY PARK (CIP PR251), LOCATED IN THE EASTLAKE TRAILS NEIGHBORHOOD OF EASTERN CHULA VISTA, APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT B. RESOLUTION NO. 2005-094, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A SEPARATE CAPITAL IMPROVEMENT PROJECT FOR THE RECREATION FACILITY COMPONENT OF SALT CREEK COMMUNITY PARK, "SALT CREEK RECREATION FACILITY", (CIP PR271), TRANSFERRING EXISTING PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUNDS IN PR251 TO PR271, AND APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT The City Council previously approved CIP Project PR251 and the Master Plan for Salt Creek Park, which conceptually designed and provided for the construction of a completed and fully functional park and recreation center. On November 4, 2003 by Resolution 2003-452, the Council approved a design build agreement with Rudolph and Sletten, Inc. for this project. The agreement contained a not-to-exceed price of $12,044,814, with the guaranteed maximum price (GMP) to be set upon receipt of 90% construction drawings. The project is nearing the end of the design phase and ready to start the construction phase in March. Adoption of the resolution approves the first amendment, setting the GMP at $13,493,898, which is comprised of $7,715,252 for the park and $5,778,646 for the building. (Director of General Services) Staff recommendation: Council adopt the resolutions. 12 A. RESOLUTION NO. 2005-095, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH HIRSCH & COMPANY, TO PROVIDE PROFESSIONAL ENGINEERING SERVICES FOR CLOSED-CIRCUIT TELEVISING (CCTV) INSPECTIONS AND CONDITION ASSESSMENTS, REHABILITATION RECOMMENDATIONS AND PRIORITIZATION OF THE CITY'S CORRUGATED METAL PIPE (CMP) PIPELINES AND ASSOCIATED IMPROVEMENTS FOR THE CITY OF CHULA VISTA, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY B. RESOLUTION NO. 2005-096, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A CAPITAL IMPROVEMENT PROJECT ENTITLED "04/05 CORRUGATED METAL PIPE (CMP) REHABILITATION PROGRAM PHASE I, CCTV", (CIP DR-I64), AND TRANSFERRING EXISTING FUNDS FROM CIP "WESTERN CHULA VISTA INFRASTRUCTURE" (GG-188) TO DR-I 64 FOR SAID PURPOSE Page 7 - Council Minutes March 22, 2005 CONSENT CALENDAR (Continued) Approximately 88,000 linear feet of corrugated metal pipe currently exists within the limits of Chula Vista. The pipe segments are located throughout the City within rights- of-way, easements, private property and/or undeveloped areas and are currently being used to convey storm water runoff. The City is in need of a qualified consultant to survey, inspect, and assess the current condition of these pipes, as well as to provide recommendations on their rehabilitation and a prioritization of this rehabilitation. Adoption of the resolutions approves an agreement with Hirsch & Company to provide professional engineering services and to establish a capital improvement project for closed-circuit televising work. (Director of General Services) Staff recommendation: Council adopt the resolutions. 13. RESOLUTION NO. 2005-097, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS AND APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA, ENVIRON INTERNATIONAL CORPORATION (CONSULTANT), AND ACI SUNBOW, LLC (APPLICANT), FOR CONSULTING SERVICES RELATED TO THE PREPARATION OF A HEALTH RISK ASSESSMENT, A PHASE I ENVIRONMENTAL SITE ASSESSMENT, A NOISE ANALYSIS, AN ODOR ANALYSIS, AND A NUISANCE DUST ANALYSIS, ASSOCIATED WITH THE APPLICANT'S REQUEST FOR A GENERAL PLAN AMENDMENT TO ALLOW RESIDENTIAL LAND USES ON PARCELS ADJACENT TO THE OTAY LANDFILL THAT ARE CURRENTLY DESIGNATED FOR INDUSTRIAL USES The applicant, ACI Sunbow, LLC, has filed a General Plan amendment application to allow residential land uses on parcels adjacent to the Otay Landfill that are currently designated for industrial uses. The Environmental Review Coordinator has determined that the proposed project requires the preparation of a health risk assessment (HRA), a Phase I environmental site assessment, a noise analysis, an odor analysis, and a nuisance dust analysis in order to determine the health risks associated with placing residential development adjacent to the Otay Landfill operation. Adoption of the resolution approves an agreement with Environ International Corporation, for an amount not to exceed $105,500, to provide consultant services for the preparation of the HRA and Phase I environmental site assessment; and an additional $26,375 for other services, should they be necessary. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. ACTION: Deputy Mayor Davis moved to approve staffs recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0, except on Items 2B, 2C and 2D, each of which carried 3-0-1, with Councilmember McCann abstaining on Items 2B and 2C and Councilmember Rindone abstaining on Item 2D. Page 8 - Council Minutes March 22, 2005 ORAL COMMUNICATIONS Patricia Kasten talked about the increase in traffic noise behind her home, located on Niacon A venue, behind Interstate 805. She stated that the noise, due to the construction of new developments in the area, is affecting the residents and offering them little privacy. She requested that a sound wall be constructed to alleviate the traffic noise. Deputy Mayor Davis requested that staff provide the Council with a report on the matter. PUBLIC HEARINGS 14. CONSIDERATION OF ACCEPTANCE OF $98,679 FROM THE 2005 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT The Police Department has recently received notice of an Edward Byrne Memorial Justice Assistance Grant (JAG) award in the amount of $98,679 from the Bureau of Justice Assistance (BJA). These funds were allocated to the Police Department based on population and Part I violent crime statistics. Part I violent crimes include murder and non-negligent manslaughters, forcible rape, robbery and aggravated assaults as reported by the FBI. Acceptance and appropriation of these funds requires a public hearing per stipulations of the Justice Assistance Grant. (Chief of Police) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy Mayor Davis opened the public hearing. Police Chief Emerson explained that the grant funding would be allocated to outreach, neighborhood watch programs, automated fingerprinting identification software, and upgrades to the photo-lab portion of the crime lab. With no members of the public wishing to speak, Deputy Mayor Davis closed the public hearing. ACTION: Councilmember McCann offered Resolution No. 2005-098, heading read, text waived: RESOLUTION NO. 2005-098, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $98,679 FROM THE 2005 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT, AMENDING THE FY 2004/2005 POLICE DEPARTMENT SUPPLIES AND SERVICES AND CAPITAL BUDGETS, AND APPROPRIATING FUNDS THEREFOR The motion carried 4-0. Page 9 - Council Minutes March 22, 2005 PUBLIC HEARINGS (Continued) 15. CONSIDERATION OF ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) On February I, 2005, the Council initiated the Community Facilities District No. 97-2 (preserve Maintenance District) (CFD No. 97-2) annexation proceedings. Adoption of the resolutions is the next step in the formal proceedings to annex the territory within Village 12 (McMillin Freeway Commercial) into Improvement Area A of CFD No. 97-2. Improvement Area A funds the costs of the resource monitoring program, as well as preserve operations and maintenance. The City has retained the services of MuniFinancial as special tax consultant and Best Best and Krieger LLP as legal counsel to provide assistance during the proceedings. (Director of General Services, City Engineer) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy Mayor Davis opened the public hearing. With no members of the public wishing to speak, Deputy Mayor Davis closed the public hearing. ACTION: Deputy Mayor Davis offered Resolution No. 2005-099, heading read text waived: RESOLUTION NO. 2005-099, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), MAKING CERTAIN DETERMINATIONS AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES TO THE QUALIFIED ELECTORS OF CERTAIN TERRITORY PROPOSED TO BE ANNEXED TO SUCH COMMUNITY FACILITIES DISTRICT The motion carried 4-0. Deputy Mayor Davis requested that the City Clerk announce the results of the special election. Assistant City Clerk Norris reported that the City Clerk received 90 votes in favor and no votes in opposition. ACTION: Councilmember Rindone offered Resolution No. 2005-100, heading read, text waived: RESOLUTION NO. 2005-100, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), DECLARING THE RESULTS OF A SPECIAL ELECTION IN THAT AREA DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA A, ANNEXATION NO.4, AND ADDING SUCH TERRITORY TO SUCH IMPROVEMENT AREA The motion carried 4-0. Page 10 - Council Minutes March 22, 2005 PUBLIC HEARINGS (Continued) 16. CONSIDERATION OF THE FORMATION OF ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE) Residential properties along Dixon Drive, between Naples Street and Oxford Street, are currently without curbs, gutters, or sidewalks. Twenty-eight of the thirty-eight property owners have signed a petition requesting that special assessment district proceedings be commenced for the purpose of financing the construction of these improvements. Staff has completed preliminary design and cost estimates for this project. On January 25, 2005, the Council approved the proposed boundary map and preliminary assessment Engineer's report, set a public hearing and ordered the initiation of ballot proceedings. (Director of General Services) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy Mayor Davis opened the public hearing. With no members of the public wishing to speak, Deputy Mayor Davis closed the public hearing. Counci!member Rindone commented that the City would fund approximately 80 percent of the improvement costs. Assistant City Clerk Norris reported the results of the assessment ballot tabulation, stating that of the 26 envelopes received by the City Clerk, one envelope contained no ballot, two envelopes contained blank ballots, and one ballot was unclear as to whether the person voted yes or no. Of the remaining 22 ballots, 20 persons voted in favor, with a total valuation of $100,260, and two persons voted no, with a total valuation of $11 ,560. ACTION: Councilmember McCann offered Resolution No. 2005-101, heading read, text waived: RESOLUTION NO. 2005-101, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE RESULTS OF THE ASSESSMENT BALLOT TABULATION FOR ASSESSMENT DISTRICT 2004-1 (DIXON DRIVE), MAKING FINDINGS PURSUANT TO THE IMPROVEMENT ACT OF 1913 AND ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AND ORDERING THE CONSTRUCTION OF IMPROVEMENTS The motion carried 4-0. Page II - Council Minutes March 22, 2005 PUBLIC HEARINGS (Continued) 17. 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 I) amend the land use district map in order to add a design district overlay over a 36-acre portion of land with a BC-I 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) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Associate Planner Steichen presented the Eastlake Business Center SPA amendment. Councilmember McCann asked why staff would oppose permitting a paint and wallpaper land use within the proposed project. Associate Planner Steichen replied that staff does not believe that paint and wallpaper stores fall into the category of a warehouse and distribution showroom. Councilmember Castaneda talked about the proposed project's lack of visibility from the street and expressed concern about the sign limitations recommended by staff. He believed that companies operating within the business center should be afforded the necessary exposure to run successful businesses. Planning and Building Director Sandoval responded that the intent of the sign limitation is to avoid the proliferation of signs in the business center. Deputy Mayor Davis opened the public hearing. Michael Vogt, developer for the proposed design district, stated that the project would provide for the needs of local residents and would be the only showroom design district south of Interstate 8. Additionally, the new businesses would provide economic and employment benefits to the community. He asked the Council to approve the project as proposed by the developer. Councilmember Castaneda stated that sidewalk sales by businesses within the proposed design district should be limited, and the limits should be included in the project agreement. Deputy Mayor Davis stated that the square footage allocation for paint and wallpaper stores should not be limited. ACTION: Councilmember Rindone moved to (I) approve the Planning Commission's recommendations as shown in Exhibit B-2 of the ordinance; (2) place the ordinance on first reading, heading read, text waived, as amended to omit the square footage restrictions for display areas for paint and wallpaper stores; (3) approve the Planning Commission's recommendations as shown in Exhibit B-2 of Resolution No. 2005-102; and (4) adopt Resolution No. 2005-102, heading read, text waived: Page 12 - Council Minutes March 22, 2005 PUBLIC HEARINGS (Continued) ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE BUSINESS CENTER II SUPPLEMENTAL SECTIONAL PLANNING AREA (SPA) PLANNED COMMUNITY DISTRICT REGULATIONS AND LAND USE DISTRICT 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 A VENUE/SHOWROOM PLACE WITHIN THE EASTLAKE BUSINESS CENTER (FIRST READING) RESOLUTION NO. 2005-102, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE EASTLAKE BUSINESS CENTER II SUPPLEMENTAL SECTIONAL PLANNING AREA (SPA) The motion carried 4-0. OTHER BUSINESS 18. CITY MANAGER'S REPORTS There were none. 19. MAYOR'S REPORTS There were none. 20. COUNCIL COMMENTS Deputy Mayor Davis stated that she and Councilmember McCann attended the recent law enforcement police reserve and mounted officer dinner, and she expressed her appreciation for the service that the officers provide to the City. Councilmember McCann thanked Deputy Mayor Davis for presiding over the law enforcement police reserve and mounted officer dinner, and he thanked the police reserves and mounted officers for their service. Councilmember Rindone invited the Council to attend the upcoming grand opening of the San Diego State Trolley extension on July 8, 2005, at 4:00 p.m. Councilmember Rindone explained why he registered a "no" vote on the recent SANDAG 2030 RTP Plan revision, stating that the preferred alternative addressing freeway widening did not include a provision for the widening of freeway lanes between H Street and L Street, which he felt would result in creating bottlenecks and be a disservice to the community. ADJOURNMENT At 8:13 p.m., Deputy Mayor Davis adjourned the meeting to an Adjourned Regular Meeting on March 29, 2005 at 6:00 p.m., and thence to the Regular Meeting of AprilS, 2005, at 4:00 p.m. in the Council Chambers. ~tú,w-=5.~ -1 tP· --' . Donna Norris, CMC, AssIstant City Clerk Page 13 - Council Minutes March 22, 2005 MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA March 29, 2005 6:00 P.M. An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:05 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: PRESENT: Councilmembers: Castaneda, Davis, McCann, Rindone and Mayor Padilla ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, City Attorney Moore, and City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE PUBLIC HEARING 1. CONSIDERATION OF THE CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, THE HOME INVESTMENT PARTNERSHIP PROGRAM, THE EMERGENCY SHELTER GRANT PROGRAM (ESG), AND THE AMERICAN DREAM DOWNPAYMENTPROGRAM The purpose of the public hearing was to offer the residents, non-profit organizations and other interested parties an opportunity to comment on the various funding requests. (Director of Community Development) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Mayor Padilla opened the public hearing. Community Development Specialist Davis reviewed the public hearing procedures and stated that staff would return to Council on AprilS, 2005 with the funding request recommendations. Oral Communications was taken out of order and conducted prior to presentations by the CDBG applicants. ORAL COMMUNICATIONS Brian Taraz reported on the unprecedented growth of an indigenous Wild Cucumber plant that he discovered while hiking locally. His research indicates that there are approximately 5,000 Wild Cucumber plants growing in abundance in the City, and, although the plant is listed as poisonous, there have been no documented cases of poisoning. He also mentioned some of the known uses for the fruit. I PUBLIC HEARING (Continued) At 6: II p.m., Mayor Padilla proceeded with the public hearing. Helen Stokes recognized Ms. Davis for her excellent work with the Community Development Block Grant funding applications. The following persons spoke in support of their programs: Nancy Kerwin Pam Brunson - Chula Vista Firefighters Foundation - Random Acts of Kindness - Charles I. Cheneweth Foundation - Community Access Program/Therapeutic Services Mary Jo Buettner - Child Care Coordinator - Chula Vista Community Collaborative Bob White - Chula Vista Veterans Home Support Foundation - Mechanical Lifts for Bedridden Patients Sylvia McKinney - Dress for Success San Diego - Professional Women's Group Jennette Lawrence - Family Health Centers of San Diego - KidCare Express Mobile Medical Unit III Ann Perry - Lutheran Social Services - Caring Neighbor Raquel Pedersen - Lutheran Social Services - Project Hand Anthony McKiney - Play It Cool Music Foundation - Play It Cool in School Program Donald Lynn - South Bay Community Services - Thursday's Meals Ed Valerio - Sweetwater Education Foundation - Compact for Success Marc Gotbaum & - YMCA Family Stress Counseling Services - YMCA Kinship Edna Lyons Support Services Kathryn Lembo - South Bay Community Services - Family Violence Prevention and Intervention Coalition - South Bay Community Services - Youth Services Network Kathryn Lembo & Mary Jo Buettner Amy Weeks - Meals-on- Wheels - South Bay Senior Collaborative Mayor Padilla encouraged staff to seek ways to increase collaborative efforts among the various agencies in order to avoid a duplication of services and extend CDBG funding. He also encouraged members of the community to contact legislative delegations to protest reductions in CDBG funding. Councilmember McCann stated that he would support the full funding request for the KidCare Express Mobile Medical Unit III and the Boys and Girls Club of Chula VistalLauderbach facility refurbishment project. Deputy Mayor Davis urged the community to contact regional legislators to urge continuation of CDBG funding, which provides for those who need it most. Councilmember Castaneda stated that he would review all the applications but would pay particular attention to agencies and collaboratives that provide services directly to the community. He encouraged the South County organizations to also contact their local agencies for assistance. Page 2 - Council Minutes March 29, 2005 PUBLIC HEARING (Continued) Councilmember Rindone stated that he would focus on applicants who provide services directly to the community and expressed the need for staff to monitor the percentage of services by the various agencies that go directly to Chula Vista residents. He also spoke in support of the full funding request for the construction of classroom facilities at the Otay Recreation Center. No formal action was taken by the Council on this item. ADJOURNMENT At 7:21 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting of AprilS, 2005 at 4:00 p.m. in the Council Chambers. -=- --->¡U tuJ ~ t{... ~ .." ~ Susan Bigelow, MMC, City Clerk Page 3 - Council Minutes March 29,2005 COUNCIL AGENDA STATEMENT Item ...::t Meeting Date 4/12/05 ITEM TITLE: Resolution approving the filing of a grant application to the Hazard Elimination Safety (HES) Program for funds to improve traffic signal and pedestrian facilities at 4th Avenue and K Street; and certifying the commitment of matching funds. SUBMITTED BY: Director of General Services/City EngineeréÁ- REVIEWED BY: City Manager at Q\"" (4/5ths Vote: Yes _No.xJ BACKGROUND: The intersection at4th and K near Chula Vista High School has been reviewed for improvements. The City proposes to apply for grant funding from the Hazard Elimination Safety (HES) Grant Program, matched with Traffic Signal Fees, to fund a project that will improve safety and traffic flow. The project will upgrade the traffic signal system and reconstruct sidewalks and cross gutters at the intersection to comply with current ADA standards. RECOMMENDATION: That Council adopt the resolution. BOARDS/COMMISSIONS: N/A DISCUSSION: The intersection of 4th Avenue and K Street lies just north ofChula Vista High School and is used during the school year by a large number of school-aged pedestrians as they walk to and from school. Current conditions reviewed for improvement include a traffic signal with no vehicle detection, no pedestrian pushbuttons, and no turn arrow for left-hand turns. Without left-turn phasing, motorists wishing to turn left currently face delays while waiting for left turn movement traffic. The signal currently operates on a fixed signal timer that does not change to accommodate variations in traffic flow (e.g., student arrival and departure traffic). This results longer excessive queue lengths and intersection delays. The proposed proj ect will install new traffic signal standards, mast arms, pedestrian buttons at all four corners, and the signals and other equipment. This proj ect will also install a video detection system and a battery backup power source for the signals. In conjunction with the signal work, additional sidewalk and cross gutter reconstruction will be performed to upgrade the sidewalks and pedestrian ramps in support of the current Americans With Disabilities (ADA) design standards. The total estimated costs to upgrade the traffic signal system at 4th and K, and to improve the pedestrian facilities are $277 ,212 (see Attachment 1). Staff proposes applying for proj ect funding from the Hazard Elimination Safety (HES) Grant Program to meet these expenses. The HES program requires the commitment of a minimum 10% City match of total project costs. Staff therefore recommends augmenting the grant with matching funds in the amount of $27,722 from available Traffic Signal Fees. 2-1 Page 2, Item .:::t Meeting Date 1/25/05 FISCAL IMPACT: There is no impact to the General Fund. If the resolution is approved, the City will apply for Hazard Elimination Safety (RES) funding in the amount of $249,490, and commit matching funds of $27,722 from the Traffic Signal Fee Fund to meet the total proj ect cost of $277,212. If the grant is awarded, staff will return to Council with a recommendation to accept the grant funds, add the new project to the FY2005/06 Capital Improvement Program, and appropriate the grant funds and the match. Attachment: Cost Estimate - 4 th Avenue & K Street Traffic Signal Improvements H:\ENGINEERIAGENDAIAI13 - Hazard Elimination Safety Grant Application.DOC 2-2 CITY OF CHULA VISTA· COST ESTIMATES PROJECT NAME TRAFFIC SIGNAL uPGRADE AT THE INTERSECTION OF FOURTH AVENUE AND "K" STREET IN THE CITY OF CHULA VISTA, CA. Project Number: DATE: PREPARED BY: CHECKED BY: APPROVED BY: TF-New March 4, 2005 Marl Malong RL/PCM Samir N uhaily NO. ITEM QTY. UNIT ENGINEER'S ESTIMATE UNIT COST TOTAL 1 Nllrusn and mstall! ype ¿4-4-~U-j)-!' SIgnal Standard on new 2 Each $ 8,000.00 $ 16,000.00 . Foundatio" 2 Furnish and Install Type 19-3-80-25-15 Signal Standard on new 2 Each $ 7,000.00 $ 14,000.00 Foundation 3 Relocate 3-Section Vehicle Indications per plan 4 Each $ 200.00 $ 800.00 4 Furnish and Insta1l3-Section Vehicle LED Indications with 4 Each $ 700.00 $ 2,800.00 Arrow MAS 5 Replace Exist Indication with new LED Arrow per plan 9 Each $ 150.00 $ 1,350.00 6 Furnish and Install Video Detection System -City Approved 1 Lun:Ip $ 25,000.00 $ 25,000.00' -. Sum Replace Exist. Pedestrian Indicaton with LED Countdown, SP· - -r 7 ilTnernlan 8 Each $ 400.00 $ 3,200.00; 8 Furnish and Install ADA Ped Push-Button & 4 part Crossing 8 Each $ 200.00 $ 1,600.00 Instruct Plate SPIT (Polara "u1ldoa ofa~~"oved enualj 9 Furnish and Install 250 Watts HPSV Cuttoff Lumimrires 4 Each $ 450.00 $ 1,800.00' 10 Furnish and Install #6 Pull Box with Lid 4 Each $ 350.00 $ 1,400.00 II Furnish and Install IlSNS with City Logo 4 Each $ 1,500.00 $ 6,000.00 .. Lineal 12 Furnish and Install conduit per plan 400 Feet $ 25.00 $ 10,000.00 13 Furnish and Install New Sign per plan 4 Each $ 150.00 $ 600.00· 14 Install New Striping 300 Lineal $ 4.00 $ 1,200.00 .¡ Feet 15 Furnish and Install Conductor Cables - Wire Intersection 1 Lump $ 6,500.00 $ 6,500.00 Sum 16 Furnish and Install SDGE approved Meter Pedestal with Clary 1 Lump $ ll,OOO.OO $ 11,000.00' UPS inside the Cabinet Sum 17 Traffic Control I Lump $ 2,000.00 $ 2,000.00 Sum 18 Protection, Restoration, Removal and Disposal of Existing I Lump $ 2,500.00 $ 2,500.00 Imnrovements Sum $ 107,750.00 Construction Contingencies (10%) $ 10,775.00 . Preliminary EnEineerine: $ 10,000.00 Construction Encineering $ 8,015.00 GRAND TOTAL $ 136 540.00 - -- ..... - 2-3 03/04/2005 cDslest4thandKSt CITY OF CHULA VISTA PUBLIC WORKS DEPARTMENT \ ENGINEERING DIVISION COST ESTIMATE PROJECT NUMBER: PROJECT TITLE: 4TH AVENUE/K STREET PED RAMP RETROFIT DATE: PREPARED BY: CHECKED BY: MARCH 2, 2005 MONEDA I NO'1 DESCR!PTION QUANTITY UNIT UNIT AMOUNT PRICE I 1 REMOVE AND REPLACE CROSS-GUTTER AND SPAN. 1340 SF $20.00 $26,800.00 ! 2 CVCS-19 PED RAMP 2 EA $3,500.00 $7,000.00 $3,500.00 $7,000.00 , 3 CVCS-25 PED RAMP 2 EA ! 4 TRUNCATED DOMES 4 EA $500.00 $2,000.00 I 51 MONOLITHIC CURB, GUTTER, SIDEWALK 40 LF $70.00 $2,800.00 ! , $8,000.00 ! , 6 ASPHALT CONCRETE PAVEMENT AND SEAL COAT (4") 40 TONS $200.00 ¡ ¡ -7 CRŒHfO AGGREGATE BASE CIO") 100 TONS $100.00 $10,000.00 j ¡ 6 SURVEY (TOPO AND STAKING) I LS $10,000.00 $10,000.00 , , , 9 STEM WALL (6") 30 LF $50.00 $1,500.00 ì I ~ 10 IRRIGATION AND LANDSCAPE REPLACEMENT 120 SF $1.30 $156.00 ! ; 11 DEMOLITION " I LS $5,000.00 $5,000.00 I 1. I , $5,000.00 ! 12 TRAFFIC CONCTROL I LS $5,000.00 ¡ 13 ¡ 14 ! I 15 ! I 16 ¡ I ¡ I 17 i i ~ 16 I 19 I I I 20 i ¡ 21 I , r 22 I 23 I ! 24 ¡ ~.- -.. % SUB TOT AL: $ 85,256.00 CONTINGENCIES 30.01 $ 85,256.00 i $ 25.576.80 % '"-""'~']"''''''''~'''''''"''-''''' ¡SUBTOTAL '$ 110,832.80 $ 85,256.00 I $ 12.788.40 SUBTOTAL: 1$ 123,621.20 I I $ 85,256.00 ! $ 17.051.20 I TOTAL: $ 140,672.40 I STAFF COSTS (CONSTRUCTION INSPECTION) 15.01 % STAFF COSTS (DESIGN) 20.01 NOTES: 03/02/2005 4TH AND K PED M"p 40STEST Master.xls RESOLUTION NO. 2005- RESOLUTION OF THE CITY COWCIL OF THE CITY OF CHULA VISTA APPROVING THE FILING OF A GRANT APPLICATION TO THE HAZARD ELIMINATION SAFETY (RES) PROGRAM FOR FUNDS TO IMPROVE TRAFFIC SIGNAL AND PEDESTRIAN FACILITIES AT 4TH AVENUE AND K STREET; AND CERTIFYING THE COMMITMENT OF MATCHING FUNDS WHEREAS, the intersection of 4th Avenue and K Street lies just north of Chula Vista High School and is used during the school year by a large number of school-aged pedestrians; and WHEREAS, the current traffic signal system at the intersection would benefit from updating and improvements to enhance safety conditions for both pedestrians and motorists; and WHEREAS, sidewalk and cross-gutter improvements are also required at the intersection in order to comply with current Americans With Disabilities Act (ADA) design standards; and WHEREAS, the estimated costs for the project can be met through a combination of Hazard Elimination Safety (HES) grant funds administered by Caltrans, and local matching funds; and WHEREAS, City staff recommends that the City apply for the HES grant; and WHEREAS, grant requirements include Council certification that matching funds are available and committed for those projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby 1. Approve the filing of an application for local assistance funds from the Hazard Elimination Safety (HES) Program for the 4th Avenue and K Street Traffic Signal Project; and 2. Certify that the City has or will have available, prior to commencement of any work on the projects, the required 10% match. Presented by Approved as to form by: .vo- 1. ¡-fro Alex Al-Agha City Engineer Ann Moore City Attorney attorneylresolgrantslHES Program - 4'" and K 2-5 COUNCIL AGENDA STATEMENT Item: 3 Meeting Date: 04/12/05 Resolution approving the first amendment to the agreement with Erickson-Hall Construction Co. to incorporate the Guaranteed Maximum Price (GMP) for the design and construction of Mountain Hawk Park (CIP PR257) located in the Eastlake Vistas neighborhood of Eastern Chula Vista, appropriating funds necessary to complete the proj ect, and authorizing the Mayor to execute said amendment SUBMITTED BY: Director of Gene~al services~!Yo: REVIEWED BY: City Manage1~ p("'" (4/5ths Vote: Yes.1L No-.J The City Council previously approved CIP project No. PR257 and the Master Plan for Mountain Hawk Park, which conceptually designed and provided for the construction of a completed and fully functional 12-acre park. On July 13, 2004 Council approved a Design Build Agreement with Erickson-Hall Construction Co. for this park. The Design Build Agreement contained a not to exceed price of $3,377,458 with the GMP to be set upon receipt of 90% construction drawings. The project is nearing the end of the design phase and ready to start the construction phase this month. Tonight's resolution will approve the first amendment that will set the Guaranteed Maximum Price (GMP) at $4,040,330. ITEM TITLE: RECOMMENDATION: That the City Council approve the first amendment of the Design Build Agreement incorporating the GMP at $4,040,330 for the services required to design and construct Mountain Hawk Park (CIP PR257) located in the Eastlake Vistas neighborhood of Eastern Chula Vista, appropriating funds therefore and authorizing the Mayor to execute said amendment. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. BACKGROUND: On July 13, 2004, City Council approved an agreement with Erickson-Hall Construction Co. for the services required to design and construct a completed and fully functionaI12-acre, Mountain Hawk Park. As part of that agreement, a Guaranteed Maximum Price (GMP) is to be established at 90% construction documents, which would include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully functional park in accordance with all applicable building codes. A not to exceed amount of $3,377,458 million for the Park was established, based upon rough schematic drawings, in the Design Build agreement. As the design progressed and some of the complexities of this project became known, the actual GMP as determined at the 90% construction drawing stage exceeded the not to exceed amount in the original agreement. 3-1 Page 2, Item: Meeting Date: 3 04/12/05 PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS The Design-Build Agreement with Erickson-Hall Construction Co. provides the City with a fully functional Mountain Hawk Park including the facilities and site-work required to provide recreational and park service to residents of that community as well as other residents of the City. The First Amendment (Attachment A) to the Design Build Agreement between the City of Chula Vista and Erickson-Hall Construction Co. will include setting the GMP at $4,040,330 which includes the revised Design Fees and General Conditions costs consistent with the Project cost (Attachment B) and revise the statement for Substantial and Final Completion dates. The GMP shall include all design and construction services to complete a fully functional park. The GMP is higher than the not to exceed amount in the original agreement due to the process of refining the various project elements. Staff has made every effort in value engineering the project and concurs with the Design Builder's GMP amount. The Substantial and Final completion dates will be amended to include actual dates in lieu of number of calendar dates from Notice to Proceed as in the Original Agreement. The revised Substantial Completion date is December 13th, 2005 and the revised Final Completion date is January 13th, 2006. . The total cost of the project and GMP exceed the amount set forth in the Design Build Agreement as the amount not to exceed cost of the project. At the time of the Design Build Agreement, staff recommended an amount not to exceed that was less than the total budgeted cost of the project. This is commonly done, as the costs of the project that are estimated at the master plan level rarely remain consistent through the design process. By establishing a less than budgeted amount not to exceed, staff is better able to focus the design builder on designing a project that remains within our budgetary constraints. Staff felt it prudent at that time to establish a conservative cost of the project and be able to respond to unexpected changes in material costs. The total project cost for the park remains consistent with the amount of PAD Fees collected for the park. The final design of the project remains consistent with the adopted master plan. CHANGE ORDERS Under the designlbuild process, change orders are handled differently than under the designlbidlbuild process. Change orders are only returned for Council approvaJ if they exceed the approved GMP, or are for additional work requested by City, which results in a significant change to the original scope. Otherwise, change orders are reviewed/approved by staff and the design builder. This practice is commonplace when using the designlbuild construction technique. 3-2 Page 3, Item: Meeting Date: 3 04/12/05 FISCAL IMPACT: PROJECT COSTS GMP $4,040,330 City Staff Costs, Consultant and Oversight (incl. Special Inspections) $165,000 City Contingency $100,000 FF&E $15,000 TOTAL PROJECT COSTS $4,320,330 PROJECT FUNDS Existing Appropriation $616,679 Request for Additional Appropriations necessary to complete the project: Park Acauisition Development Fund œ AD) $3,703,651 TOTAL PROJECT FUNDS $4,320,330 Erickson-Hall Construction Co. has requested the GMP be set at $4,040,330. The GMP includes, but is not limited to, design services, general conditions, insurance, bonds, construction management, the cost for all labor, equipment, and material to design and build a fully functional park and recreation center in accordance with all applicable building codes. The total project cost is $4,320,330. Approval of tonight's resolution will authorize an additional appropriation from PAD funds in the amount of $3,703,651 as necessary to complete the project. After completion, Public Works Operations will acquire an annual on-going cost for the park of $64,694. Attachment I - Revised Exhibit 2, Design Build Fee Structure Exhibit A - First Amendment to the Design Build Agreement M:\General Services\GS Administration\Councl1 Agenda\rv1ountain Hawk Park\Mountainhawk GMP Al 13.doc 3-3 90% GMP Cost of Construction Mountain Hawk Park Mountain Hawk Park - GMP Construction Costs 1. GMP budget - hard cost subtotal 2. General Conditions - 8 Months 3. Subtotal - Hard Construction Costs 4. Design/Builders Fee - sliding scaie Fee on first $1,000,000 of construction cost Fee on next $500,000 over $1 ,000,000 - 6% Fee on next $500,000 over $1 ,500,000 - 5 1/2% Fee over $2,000,000 - 5% 5. Total- GMP Cost of Construction Budget Design and Pre-Construction Fees: 6. Preconstruction Services for Design/Builder - sliding scale Preconstruction fee on first $1,000,000 of construction cost Preconstruction fee on construction cost over $1 mil. - 3/4% 7. AlE Design Fees Schematic Design 1 Design Development Construction Documents Additional Public Outreach Column Program 8. AlE Construction Administration 9. Topo & SWPPP 10. Reimbursables Total Preliminary Design & Build Cost 11. Cost of bond premium - sliding scale First $500,000 - $12.00 per 1,000 Premium over $500,000 - $8.00 per 1,000 12. Insurance 13. Building/Utility/Site Fees (by owner) 14. City staffing 1 Inspections (by owner) 15. Project contingency @ 4.87% 16. SCADA System/Equipment for Splash Pad (Owners Allowance) Total GMP Project Cost $ $ $ $ $ ATTACHMENT / $ $ $ 3,059,739 160,000 3,219,739 100,000 30,000 27,500 60,987 3,438,226 $ 20,000 $ 18,287 $ 80,150 $ 161,150 $ 30,000 $ 51,700 $ 9,800 $ 20,000 $ 3,829,313 $ 6,000 $ 26,635 $ 11 ,488 $ $ $ 156,895 $ 10,000 $ 4,040,330 Design Fees, Pre-Construction Fees and GC Summary: General Conditions (line item 2 above) Design and Pre-Construction Fees (line items 6-10 above) Total Design Fees, Pre-Const. Fees and General Conditions Erickson-Hall Construction Co. March 30, "2005 3-4 $ $ $ 160,000 391,087 551,087 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH ERICKSON-HALL CONSTRUCTION CO. TO INCORPORATE THE GUARANTEED MAXIMUM PRICE (GMP) FOR THE DESIGN AND CONSTRUCTION OF MOUNTAIN HAWK PARK (CIP PR257) LOCATED IN THE EASTLAKE VISTAS NEIGHBORHOOD OF EASTERN CHULA VISTA, APPROPRIATING FUNDS NECESSARY TO COMPLETE THE PROJECT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT WHEREAS, the City Council previously approved CIP project No. PR257 and the Master Plan for Mountain Hawk Park which conceptually designed and provided for the construction of a completed and fully functional 12-acre park; and WHEREAS, on July 13, 2004, Council approved a Design Build Agreement with Erickson-Hall Construction Co. for this park. The Design Build Agreement contained a not to exceed price of $3,377,458 with the GMP to be set upon receipt of 90% construction drawings; and WHEREAS, the project is nearing the end of the design phase and ready to start the construction phase this month; and WHEREAS, the First Amendment to the Design Build Agreement between the City of Chula Vista and Erickson-Hall Construction Co. will include setting the GMP at $4,040,330 which includes the revised Design Fees and General Conditions costs consistent with the Project costs and revise the statement for Substantial and Final Completion dates; and WHEREAS, the GMP is higher than the not to exceed amount in the original agreement due to the process of refining the various proj ect elements; and WHEREAS, the Substantial and Final completion dates will be amended to include actual dates in lieu of number of calendar dates from Notice to Proceed as in the Original Agreement. The revised Substantial Completion date is December 13, 2005 and the revised Final Completion date is January 13, 2006. 3-5 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the First Amendment to the agreement with Erickson-Hall Construction, Co. to incorporate the Guarantee Maximum Price (GMP) for the design and construction of Mountain Hawk Park (CIP PR257) located in the Eastlake Vistas neighborhood of Eastern Chula Vista, appropriate funds necessary to complete the project and authorizing the Mayor to execute said amendment. Presented by Approved as to form by (¿~.éihÞh W /lJI-~ Ann Moore City Attorney Jack Griffm Director of General Services J:\attorney\reso\arnendment\lS1. Amendment -Erickson HalI 3-6 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 4Ld4r/ldl C¿;A~~O ey Dated: 4k!~ Approving the First Mendment to the Agreement With Erickson-Hall Construction, Co. to incorporate the Guaranteed Maximum Price (GMP) for the design and Construction of the Mountain Hawk Park(CIP PR250) 3-7 First Amendment To the Design Build Agreement between the City of Chula Vista and Erickson-Hall Construction Co. For Design and Construction of Mountain Hawk Park This first amendment is made and entered into this 12th day of April, 2005 by and between the City of Chula Vista (herein "City"), a municipal corporation, and Erickson-Hall Construction Co. (herein "Design Builder or DIE"). City and Design Builder are sometimes hereinafter referred to as Parties ("Parties") RECITALS WHEREAS, the City and DIE entered into an agreement ("Original Agreemenf') dated July 13, 2004 and approved by City Council Resolution 2004-219, whereby DIE provides design and construction services to the City for the construction of a fully functional park and recreation center including the facilities and site-work; and WHEREAS, the Original Agreement contained a guaranteed maximum price not to exceed amount of$3,377,458 million; and WHEREAS, As the design progressed and some of the complexities of this project became known, the acrual GMP as determined at the 90% construction drawing stage exceeded the not to exceed amount in the original agreement; and WHEREAS, DIE and City staff have value engineered the project to provide the best product at the most effective price; and WHEREAS the parties now desire to amend the Agreement to increase the contract amount to incorporate the guaranteed maximum price of $4,040,330 for a fully functional 12-acre park, Mountain Hawk Park. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the Parties set forth herein, the City and Design Builder agree as follows: I. Section 1 of Original Agreement, entitled General Scope of Work to be Performed by DIE, is hereby amended as follows: 1.3.1 Perform all services, work and obligations as described herein for the not to exceed amount of $3,377,458 $4,040,330 which shall include Design Services and General Conditions necessary to provide a fully completed and functional Project. DIE shall perform all Design Services and General Conditions for the not to exceed amOunt 0£$516,679 $551,087 as outlined in the Design Build Fee Structure (Exhibit 2). At 90% complete construction documents a Guaranteed Maximum Price (GMP) will be ". 3-8 established pursuant to Section 13 of this Agreement, which will include, but not be limited to, the cost for all labor, equipment, and material to design and build a fully functional park in accordance with all applicable rules, regulations, and laws. The O/B fee shall be based upon the Design Build Fee Structure (Exhibit 2) and is estimated at $187,500 $218,487. Any costs incurred by O/B in excess of said GMP shall be the sole responsibility of the O/B, unless a change order is approved by the City pursuant to Sections 9 and 14 of this agreement. All funds remaining in the GMP at the completion of the project shall belong to the City. 1.3.2 Substantial Completion: Achieve "Substantial Completion" (as defined in §16.1) no later than 420 ea-le:aàar éays Prem iss1:l8:f1ee sf Þ'[etiee te Prsseeà at enes1:ltisa ef .A.greeme,¡t December 13th, 2005. 1.3.3 Achieve "Final Completion" (as defined in §16.2) No later than ~ ea:leaàar ea.:,'s [rem iss~:um6e sf rrotise te Prseeea at 8lteel:Ftisfl of ¡\greomefit January 13th, 2005. 2. Section 13 of the Original Agreement, entitled D/B GMP for Services and Reimbursements, is hereby amended to read as follows: 13.1.1 The GMP shall not exceed $3,377,158 $4,040,330for the Park and include within said GMP shall be no more than $516,679 $551,087 for Design Services and General Conditions as previously identified in Section 1.3.1 of this agreement. 13.2 Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all services and obligations under this Agreement, O/B shall be compensated ("O/B GMP") by a sum to be determined at 90% construction documents. GMP shall include the not to exceed amount of $160,000 for General Conditions and $356,679 $391,087 for Design Services for a total of $516,679 $551,087. Said $516,679 $551,087 for General Conditions and Design Services shall not be exceeded unless additional services are requested pursuant to § 7 above or a change order issued pursuant to § 14. Unless otherwise expressly provided in this Agreement, O/B GMP shall include full compensation for all costs of any type incurred by O/B in performing all services and obligations under this Agreement, including but not limited to the following: 3. Section II of the Original Agreement, entitled Insurance, is hereby amended to read as follows: 11.3.1.5 Builder's Risk ProDertv Insurance: 3-9 The City of Chula Vista will provide coverage for "all risk" Builder's Risk Insurance, excluding the peril of earthquake, and subject to other policy terms, conditions and exclusions, Coverage will be provided for the Full Hard Cost Replacement Cost of Materials, Equipment and fixtures destined to become a permanent part of the structure, Property in Transit, and Property in Offsite Storage for Mountain Hawk Park construction in an amount not to exceed ~ $3.2 million. Contractors and Subcontractors will be added to policy as Loss Payees as their interest may appear. 11.4.1.5 Builder's Risk t2,ééQ,QQQ N/A Hard Construction Cost of Structure 4. Exhibit 2 of the Original Agreement shall be substituted with the Revised Exhibit 2. 5. Except as expressly provided herein an other provisions of the Original Agreement shall remain in full force and affect. 3-10 Signature Page to the First Amendment to the Design Build Agreement between the City of ChuIa Vista and Erickson-Hall Construction Co. For Design and Construction of Mountain Hawk Park City of Chula Vista Erickson-Hall Construction Co. by Stephen C. Padilla, Mayor by ~a~t~t'~ Name and Title Ch!ef operating ~~:':~ Co. ErlctŒOr.-HaIl COOl;truc~. Date ATTEST: Susan Bigelow, City Clerk Approved in form by: Ann Moore, City Attorney M:\Gencral Serviccs\GS Administration\Council Agcnda\Mountain Hawk Park\Mtn Hawk Amendment and Signature Page.doc 3-11 ITEM TITLE: SUBMITTED BY: REVIEWED BY: BACKGROUND CITY COUNCIL AGENDA STATEMENT ITEM NO.: MEETING DATE: -i- 4/12/05 RESOLlJTlON APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREIT TO "GH STREIT FOR THE CINCO DE MAYO CELEBRATION ON MAY 1, 2005 FROM 4 A.M. ~ 9:00 P.M., WAIVING PROHIBITION ON SIDEWAlK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT RESOLlJTlON APPROVING ClOSURE OF THIRD AVENUE FROM "EH STREIT TO "W STREIT FOR THE CHULA VISTA LEMON FESTIVAL ON AUGUST 14, 2005 FROM 4 A.M. - 9:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT RESOLlJTlON APPROVING CLOSURE OF THIRD AVENUE FROM "D" STREIT TO "I" STREIT AND "H" STREIT BETWEEN SECOND AND FOURTH AVENUES, AND PORTIONS OF INTERSECTING STREITS FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 3, 2005 FROM 1 P.M. - 10:00 P.M., AND WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS PARTICIPATING IN THE EVENT RESOLlJTlON APPROVING AGREEMENT BElWEEN CITY OF CHULA VISTA AND CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR SPECIAL EVENTS 2005 AND AlJTHORIZING MAYOR TO EXEClJTE SAID AGREEMENT DIRECTOR OF C~MUNICATIONS CITY MANAGEi<'hO¡v' -#/0 <7 4/5THS VOTE: YES D NO Q 4-1 PAGE 2, ITEM NO.: MEETING DATE: 4 4/12/05 The Chula Vista Downtown Business Association (DBA) is requesting the closure of Third Avenue and portions of other streets for three 2005 promotional events: · Cinco de Mayo Celebration on May 1 · Lemon Festival on August 14 · Starlight Parade on December 3 The Cinco De Mayo is an annual event. To operate the festival, the DBA requests that Third Avenue be closed between "E" and "G" streets from 4 a.m. - 9 p.m. on the respective date of the event. Activities will include live entertainment along with approximately 200 arts, crafts and food booths. The Lemon Festival is an annual event. The DBA requests that Third Avenue be closed between "E" and "H" streets from 4 a.m. - 9 p.m. on Sunday, August 14. Activities will include live entertainment along with approximately 200 arts, crafts and food booths. The Annuai Starlight Parade will be held for the 43rd year. For the parade, DBA requests closing Third Avenue between "D" and "I" streets, between Second and Fourth avenues and portions of intersecting streets from 1 p.m. - I 0 p.m. on Saturday, December 3. RECOMMENDATION That the City Council adopt the resolutions: aJ Approving closure of Third Avenue from "E" to "G" streets and adjacent side streets to the alleyways on May 1, 2005 from 4:00 a.m. - 9:00 p.m. subject to the provisions and compliance with agreement. waiving prohibition on sidewalk sales, and waiving business license tax for the DBA and vendors taking part in the event. b) Approving the closure of Third Avenue from "E" to "H" streets and adjacent side streets to the alleyway on August 14, 2005 from 4:00 a.m. - 9:00 p.m. subject to the provisions and compliance with agreement, waiving prohibition on sidewalk sales, and waiving business license taxes for the DBA and vendors taking part in the event; c) Approving the closure of Third Avenue between "D" and "I" streets, "H" street between Second and Fourth avenues, and other east-west streets that intersect Third Avenue between "D" and "I" streets on Saturday, December 3, 2005 from 1:00 - 10 p.m. for the 43rd Annual Starlight Parade subject to the provisions and compliance with agreement; d) Approving the agreement with the Chula Vista Downtown Business Association for Special Events 2005 and authorizing Mayor to execute said agreement 4-2 PAGE 3, ITEM NO.: MEETING DATE: 4- 4/12/05 DISCUSSION Mav 1 . 2005 - Cinco de Movo Celebration The DBA is requesting the following for the 2005 Cinco De Mayo; 1. The closure of Third Avenue between "E" and "G" streets on Sunday, May 1 2. Allowing sidewalk sales for each event; and 3. A waiver of business license taxes for the DBA and vendors taking part in the event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA will be required to coordinate with the City's Traffic Engineer and prepare a traffic control plan to the Traffic Engineer's specifications. The City's transit system will also be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" and "G" streets remain passable for traffic. The DBA is aware of this stipulation and will abide by it. The DBA has requested that the business license tax for this promotional event be waived for festival. The taxes involved include a $5 assessment to the sponsoring organization (DBA) and a requirement that each vendor have a Chula Vista business license (costing $12.50 to each business without a current business license). In the past. the City has waived the business license tax for the DBA and vendors taking part in these events in order to encourage participation. The rationale for waiving the fee is that the festivals attract thousands of visitors and residents to the Chula Vista downtown and promote the downtown businesses. The resulting effect will be the generation of additional commercial activity and increased sales tax revenue to the City. Waiving the business license taxes will encourage vendor participation. Since having a large number of vendors will help ensure the success of the events, staff recommends the waiver. The event includes food booths and an alcohol tent. These areas will be operated in accordance with the regulations of the San Diego County Health Department. ABC and City of Chula Vista Fire Department and Police Department. August 14. 2005 - Lemon Festival The DBA is requesting the following for 2005 Lemon Festival: 4. The closure of Third Avenue between "E" and "H" streets Sunday, August 14,2005 from 4 a.m. - 9 p.m.; and 5. Allowing sidewalk sales for each event; and 4-3 PAGE 4, ITEM NO.: MEETING DATE: --+ 4/12/05 6. A waiver of business license taxes for the DBA and vendors taking part in each event. The closure of Third Avenue will affect the flow of traffic in the downtown area. The DBA will be required to coordinate with the City's Traffic Engineer and prepare a traffic control plan to the Traffic Engineer's specifications. The City's transit system will also be affected. The Transit Coordinator's staff has agreed to the closure as long as "E" and "H" streets remain passable for traffic. The DBA is aware of this stipulation and will abide by it. The DBA has requested that the business license tax for promotional events be waived for festivals. The taxes involved include a $5 assessment to the sponsoring organization (DBA) and a requirement that each vendor have a Chula Vista business license (costing $12.50 to each business without a current business license). In the past, the City has waived the business license tax for the DBA and vendors taking part in these events in order to encourage participation. The rationale for waiving the fee is that the festivals attract thousands of visitors and residents to the Chula Vista downtown and promote the downtown businesses. The resulting effect will be the generation of additional commercial activity and increased sales tax revenue to the City. Waiving the business license taxes will encourage vendor participation. Since having a large number of vendors will help ensure the success of the events. staff recommends the waiver. This event includes food booths and an alcohol tent. These areas will be operated in accordance with the regulations of the San Diego County Health Department, ABC and City of Chula VISta Rre Department and Police Department. Additional conditions are listed in the agreement between the City and Chula Vista Downtown Business Association. December 3, 2005 - Staniaht Parade The DBA is requesting the closure of Third Avenue between "0" and "I" streets and "H" Street between Second and Fourth avenues. The parade route will be along Third Avenue between "E" and "H" streets. Other areas of the closure will be used for pre- parade staging, bus parking and parade debarkation. Second and Fourth avenues will remain open to traffic at all times during the event. Chula Vista and San Diego Transit busses will continue to run during the street closure. but they will run on advertised detour routes. The parade is sCheduled to begin at 5:30 p.m. and will end no later than 9 p.m. Street closures are scheduled unti!l:oo - 10:00 p.m. 4-4 PAGE 5, ITEM NO.: MEETING DATE: 4- 4/12/05 The DBA will be required to send notices to all businesses and residences located along the parade route. Other conditions of approval include provisions for insurance, a Hold Harmless Agreement. sanitary systems and posting of no parking signs. Additional conditions are listed in the agreement between the City and Chula Vista Downtown Business Association. The City's Environmental Review Coordinator has reviewed the proposed projects for compliance with the Califomia Environmental Quality Act and has determined that the projects qualifies for a Class 4 categoñcal exemption pursuant to Section 15304[e) of the State of CEQA Guidelines. Thus, no further environmental review is necessary. AGREEMENT Chula Vista Downtown Business Association and the City are enteñng into an Agreement for the Special Events 2005. The Agreement provides the City with indemnification for claims añsing from the event. Additionally, it incorporates a vañety of conditions governing the operation of the event. FISCAL IMPACT The City will incur the administrative costs of processing this request. The-DBA has requested that the business license taxes be waived for the events. The tax involved is a fee of $5 to the sponsoring organization (DBA) and a $12.50 tax for each participating vendor not currently having a Chula Vista business license. By waiving this tax, the City will forego approximately $500 in fee for this event. Costs for this event are paid by the DBA or, in some instances, shared by City Departments. Costs incurred for individual departments are itemized in their respective budgets. ATTACHMENTS . Hold Harmless Agreements . Conditions of Approval 4-5 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "G" STREETS FOR THE CINCO DE . MAYO CELEBRATION ON MAY 1,2005 FROM4:00A.M.-9:00 P.M., WAIVING PROHIBmON ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS P ARTICIP ATING IN EVENT WHEREAS, the City Council of the CityofChula Vista established a Business Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the DBA has requested to close Third Avenue from "E" to "G" Streets including adj acent side streets to the alleyway in order to conduct the Cinco de Mayo Celebration on May 1, 2005 from 4:00 a.m. - 9:00 p.m.; and WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2005 Cinco de Mayo celebrations; and WHEREAS, the DBA has also requested a waiver of the Business License Tax for promotional events for the DBA and vendors participating in the 2005 Cinco de Mayo celebrations; and WHEREAS, the DBA has agreed to comply with the "Conditions of Approval for Chula Vista Third Avenue Cinco De Mayo Celebration", a copy of which is attached to this resolution; and WHEREAS, the City's The Environmental Review Coordinator has reviewed the proposed proj ect for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304( e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the closure of Third Avenue from "E" Street to "G" Streets from 4:00 a.m.- 9:00 p.rn. on May I, 2005, for the purpose of the DBA conducting the 2005 Cinco de Mayo celebrations. BE IT FURTHER RESOLVED that the City Council of the CityofChula Vista approves the requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2005 Cinco de Mayo celebrations. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the requested waiver of the City's Business License Tax for the Downtown Business Association and all 4-6 vendors participating in the 2005 Cinco de Mayo celebrations on May I, 2005. Presented by Liz Pursell Director of Communications 4-7 Page 3 of3 ~{ft. ~ adX~ GROUP/ORGANIZATION WAIVER AND RELEASE OF lIABILITY ORGANIZATION/GROUP NAME: [Àrvv\.-lov VV~~ ~vV\J../lV /h-.t-v C, EVENT NAME: fe-&t'l. vcJ Ûvvc-O cU. ~O EVENT DATE: 5/1 l05 ON BEHALF OF THE ABOVE ORGANIZATION/GROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omissions, regardless of whether such act or omission is active or passive which may accrue fa myself or members of my organization/group or our heirs in connection with our participation in the abOVEKiescribed event I fully understand and acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this document and that I will provide all members of my group a completed copy of this Waiver prior to our participation. I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula VISta, its elected and appointed officials, officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any other individuals or entities as a result of, or in anyway related to, or arising from, the event identified herein, any of my/our actions in connection with my/our participation in this event except for those claims arising from the sole negligence or sole wiUfuI conduct of the City, its officials, officers, employees, volunteers or other representatives. Such indemnification includes liability settlements, damage awards, costs and attorney fees associated with any such claims. I hereby certify that I have read this document. understand its content. and am authorized to sign this document on behalf of all members of the group I represent. DATE: ¿." III I () S SIGNATURE ~ -----. D NAME: p,.vfvv~ . (Please Pñnt) TITLE: 5r¿..ocJ t~~ ADDRESS: '2:"1'1..,.. -rì.",¡,V(:"'\" ~~0 Cflwlp.l\../I/l.ft-oJ CJt--Ð¡,l D¡,l 0 Return completed Special Event ApplIcation fonn, plus any additional attachments & Infonnatlon to: City of Chuta VISta - Office of Communications . 276 Four1h Avenue, Chula VISta CA 91910 . Tel: 61~91-õ296 Fax: 619-409-5448 Forms must be submiIIed at feast 45 days priorfD event sIIJtt dale. tncomp/e/e fonns will not be processed. 4-8 CONDITIONS OF APPROVAL FOR CHULA VISTA THIRD AVENUE CINCO DE MAYO CELEBRATION 1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic Engineer and Police Department. 2. The DBA shall provide adequate litter control during and after the event, including professional street sweeping. 3. The DBA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closure. The notification must be sent by first class mail at least seven days prior to the event date. 4. The DBA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The DBA will undertake the following measures in order to implement this condition: a. DBA shall continually monitor noise levels of performing bands, stereos, and other sound-emitting devices and will make adjustments as needed. b. A plan showing the location of the performing stages will be submitted for Office of Communications staff review and approval prior to the event. c. All band performances shall be limited to the hours of 1D a.m. and 6 p.m. 5. In order to meet the requirement of the Fire Marshal, the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The Fire Marshal has required that all food-cooking vendors have a 2A 1 DBC-type fire extinguisher readily available in their booths. 6. In order to meet the requirements of the Fire Marshal and the Transit Division, "E" and "G" Streets must remain open to traffic. . 7. The Downtown Business Association must provide, 10 days prior to the Festival, evidence of general liability insurance in the amount of $5 million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. 9. The Downtown Business Association shall obtain a temporary license from the ABC for the sale of beer and shall comply with all requirements set forth in the license and by the Chula Vista Police Department. 4-9 ATTACHMENT A CONDITIONS OF APPROVAL - CINCO DE MAYO CELEBRATION 10. The location of the food and beverage tents shall be approved by the Police and Fire Department at least 30 days prior to the event. 11. Sales, service and consumption of alcoholic beverages shall be permitted in the areas designated on the ABC application diagram. Persons may not take alcoholic beverages from the designated area nor shall persons be allowed to bring alcoholic beverages into the designated area. 12. Applicant shall provide one (1) security person at each public entrance and exit for each area noted in condition #11 and one (1) security person at each bar. Said security persons must wear distinctive apparel and be present in the area where consumption is taking place at all times that the license privileges are being exercised. 13. The security persons will prevent people from carrying alcoholic beverages outside the designated area as well as preventing people from bringing alcoholic beverages into the designated area as noted in condition 11. The security persons will verify the age of each person who wishes to purchase or consume alcoholic beverages. That person will be issued a distinctive wristband. No persons will be allowed to purchase or possess alcoholic beverages without a wristband. 14. Alcoholic beverages may only be sold in distinctive paper, plastic, or Styrofoam cups and no other containers may be used for the dispensing of alcoholic beverages. 15. All persons serving or dispensing alcoholic beverages must be at least 21 years of age. 16. No more than two (2) alcoholic beverage containers may be purchased by anyone person at anyone time. 17. Cup size for alcoholic beverages shall not exceed 16 ounces. 18. Signs must be posted indicating "No one under 21 years of age allowed" in the bar area. No signs are required at the food court. No persons under 21 years of age may be allowed in the bar area. The food court will be open to persons of all ages. If no food service is available inside the food court, it will be considered a bar area, and no persons under 21 years of age may be present. 19. A three foot tall fence must separate the bar area and food court from other public areas. 4-10 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "E" STREET TO "H" STREETS FOR THE LEMON FESTIVAL ON AUGUST 14, 2005 FROM 4:00 A.M. - 9:00 P.M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS P ARTICIP ATING IN EVENT WHEREAS, the City Council of the City ofChula Vista established a Business hnprovement Area on November 16, 1971, which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the DBA has requested to close Third Avenue from "E" to "H" Streets in order to conduct the Lemon Festival on August 14, 2005 from 4:00 a.m. - 9:00 p.m.; and WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2005 Lemon Festival; and WHEREAS, the DBA has also requested a waiver of the Business License Tax for promotional events for the DBA and vendors participating in the 2005 Lemon Festival; and WHEREAS, the DBA has agreed to comply with the "Conditions of Approval for Chula Vista Third Avenue Lemon Festival", a copy of which is attached to this Resolution; and WHEREAS, the City's The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exernption pursuant to Section 15304( e) of the State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the closure of Third Avenue from "E" Street to "H" Streets from 4:00 a.m. - 9:00 p.m. on August 14,2005, for the purpose of the DBA conducting the 2005 Lemon Festival. BE IT FURTHER RESOLVED that the City Council ofthe City ofChula Vista approves the requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2005 Lemon Festival. 4-11 BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the requested waiver of the City's Business License Tax for the Downtown Business Association and all vendors participating in the 2004 Lemon Festival on August 14,2005. Presented by Approved as to form by Liz Pursell Director of Communications 4-12 Page 3 of3 ~!~ ~ œID~ GROUP/ORGANIZA TION WAIVER AND RELEASE OF UABIUTY ORGANIZATION/GROUP NAME: CAf [) .B.A EVENT NAME: ~ F~ð'7vVvcv EVENT DATE: Q: 11 4 l 0 5 ON BEHAlF OF THE ABOVE ORGANIZATIONlGROUP, I expressly WAIVE, RELEASE and DISCHARGE the City of Chula Vista, its officers, agents, and employees or any other person from any and all LIABILITY for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negrlQent act or omissions, regardless of whether such act or omission is active or passive which may accrue to myself or members of my organization/group or our heirs in connection with our participation in the above-described evenl I fully understand and acknowtedge tliat the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this document and that I will provide all members of my group a completed copy of this Waiver prior to our participation. I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula Vista, its elected and appointed officials, officers, agents and employees from any and all liabilities or claims made by me or my organization/group, my/our heirs and any other individuals or entities as a result of, or in anyway related to, or arising from, the event identified herein, any of my/our actions in connection with my/our participation in this event except for those claims arising from the sole negligence or sole willful conduct of the City, its officials, officers, employees, volunteers or other representatives. Such indemnification includes liability settlements, damage awards, costs and attorney fees associated with any such claims. I hereby certify that I have read this document, understand its content, and am authorized to sign this document on behalf of all members of ftJe group I represent DATE: -vlll lo5' SIGNATURENAME:· E-Uivu ~ ~easeprint) TITLE: .... . ~ ADDRESS: ¿, ì '2- ì\.-1, ¡ rò( . ~~~ C/'rqLqlO Return completed Special Event Application fonn, plus any additional atiachments & Infonnation to: CilyofChu/a VISta-Office of Communications . 276FourthAvenue, Chu/aVISta CA 91910 . TeI:61~1-5296 Fax: 619409-5448 Forms must be submitted slleast 45 days prloriQ event start dale. Incomp/8IB folms wiR not be pmœssed. 4-13 CONDITIONS OF APPROVAL FOR CHULA VISTA THIRD AVENUE LEMON FESTIVAL 1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic Engineer and Police Department. 2. The DBA shall provide adequate litter control during and after the event, including professional street sweeping. 3. The DBA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closure. The notification must be sent by first class mail at least seven days prior to the event date. 4. The DBA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The DBA will undertake the following measures in order to implement this condition: a. DBA shall continually monitor noise levels of performing bands, stereos, and other sound-emitting devices and will make adjustments as needed. b. A plan showing the location of the performing stages will be submitted for Office of Communications staff review and approval prior to the event. c. All band performances shall be limited to the hours of 10 a.m. and 6 p.m. 5. In order to meet the requirement of the Fire Marshal, the alleyways between "E" Street and "G" Street, east and west of Third Avenue, shall remain open and unobstructed for the purpose of fire apparatus access in the event of an emergency. The Fire Marshal has required that all food-cooking vendors have a 2A10BC-type fire extinguisher readily available in their booths. 6. In order to meet the requirements of the Fire Marshal and the Transit Division, "E" and "G" Streets must remain open to traffic. 7. The Downtown Business Asspciation must provide, 10 days prior to the Festival, evidence of general liability insurance in the amount of $5 million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from Festival activities in the street. 9. The Downtown Business Association shall obtain a temporary license from the ABC for the sale of beer and shall comply with all requirements set forth in the license and by the Chula VISta Police Department. 4-14 ATTACHMENT B CONDITIONS OF APPROVAL - LEMON FESTIVAL 10. The location of the food and beverage tents shall be approved by the Police and Fire Department at least 30 days prior to the event. 11. Sales, service and consumption of alcoholic beverages shall be permitted in the areas designated on the ABC application diagram. Persons may not take alcoholic beverages from the designated area nor shall persons be allowed to bring alcoholic beverages into the designated area. 12. Applicant shall provide one (1) security person at each public entrance and exit for each area noted in condition #11 and one (1) security person at each bar. Said security persons must wear distinctive apparel and be present in the area where consumption is taking place at all times that the license privileges are being exercised. 13. The security persons will prevent people from carrying alcoholic beverages outside the designated area as well as preventing people from bringing alcoholic beverages into the designated area as noted in condition 11. The security persons will verify the age of each person who wishes to purchase or consume alcoholic beverages. That person will be issued a distinctive wristband. No persons will be allowed to purchase or possess alcoholic beverages without a wristband. 14. Alcoholic beverages may only be sold in distinctive paper, plastic, or Styrofoam cups and no other containers may be used for the dispensing of alcoholic beverages. 15. All persons serving or dispensing alcoholic beverages must be at least 21 years of age. 16. No more than two (2) alcoholic beverage containers may be purchased by anyone person at anyone time. 17. Cup size for alcoholic beverages shall not exceed 16 ounces. 18. Signs must be posted indicating "No one under 21 years of age allowed" in the bar area. No signs are required at the food court. No persons under 21 years of age may be allowed in the bar area. The food court will be open to persons of all ages. If no food service is available inside the food court, it will be considered a bar area, and no persons under 21 years of age may be present. 19. A three foot tall fence must separate the bar area and food court from other public areas. 4-15 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CLOSURE OF THIRD AVENUE FROM "D" STREET TO "I" STREET, "H" STREET BETWEEN SECOND AND FOURTH AVENUES AND PORTIONS OF INTERSECTING STREETS, FOR THE ANNUAL STARLIGHT PARADE ON DECEMBER 3RD 2005 FROM 1:00 P.M. TO 10:00 P .M., WAIVING PROHIBITION ON SIDEWALK SALES, AND WAIVING BUSINESS LICENSE TAXES FOR DOWNTOWN BUSINESS ASSOCIATION AND VENDORS P ARTICIP ATING IN EVENT WHEREAS, the City Council of the CityofChula Vista established a Business Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the DBA has requested the temporary closure of Third Avenue between "D" and "I" Streets, "H" Street between Second and Fourth Avenues, and all other east-west streets that intersect Third A venue between "D" and "f' Streets to the nearest point of detour to Third Avenue to conduct the 43rd annual Starlight Parade on Saturday, December 3, 2005 from 1-10 p.m.; and WHEREAS, the DBA has requested a waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2005 Starlight Parade; and WHEREAS, the DBA has also requested a waiver of the Business License Tax for promotional events for the DBA and vendors participating in the 2005 Starlight Parade; and WHEREAS, the Starlight Parade has been a Downtown and City tradition for 43 years and the City Council finds that the parade is a benefit to the Community; WHEREAS, the DBA has agreed to comply with the "Conditions of Approval for Starlight Parade", a copy of which is attached to this Resolution; and WHEREAS, the City's The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the project qualifies for a Class 4 categorical exemption pursuant to Section 15304( e) ofthe State CEQA Guidelines. Thus, no further environmental review is necessary. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the closure of Third Avenue between "D" and "I" Street, "H" Street between Second and Fourth Avenues, and all other east-west streets that intersect Third Avenue between "Ð" and "I" Streets to the nearest point of detour to Third Avenue to conduct the annual Starlight Parade on Saturday, December 3,2005 from I -10 p.m. BE IT FURTHER RESOLVED that the City Council ofthe City ofChula Vista approves the 4-16 requested waiver of the City's prohibition on sidewalk sales so that the DBA can conduct the 2005 Starlight Yule Parade. BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista approves the requested waiver of the City's Business License Tax for the Downtown Business Association and all vendors participating in the 2005 Starlight Parade Craft on December 3,2005. Presented by Approved as to form by Liz Pursell Director of Communications 4-17 Page3of3 ~I~ 1M 0:; 0iI'lÀ~ GROUP/ORGANIZATION WAIVER AND RELEASE OF UABIUTY ORGANIZATION/GROUP NAME: 0\1 D B1t- EVENT NAME: ~ lL..~ PewvtoJ p :; EVENT DATE: l '2-)1> 5 . ON BEHALF OF THE ABOVE ORGANIZATION/GROUP, I expressly WAIVE. RELEASE and DISCHARGE the City of Chula Vista, its officers, agems, and employees or any other person from any and all UABIUTY for any death, disability, personal injury, property damage, property theft or actions, including any alleged or actual negligent act or omissions, regardless of whether such act or omIsSion is active or passive which may accrue to myself or members of my organization/group or our heirs in connection with our participation in the above-described event. I fuRy understand and acknowledge that the CITY OF CHULA VISTA is relying on my representation that I have authorization to sign this document and that I wiR provide an members of my group a completed copy of this Waiver prior to our participation. I expressly INDEMNIFY AND HOLD HARMLESS the City of Chula VISta, its elected and appointed officials, officers, agents and employees from any and all liabilities or claims made by me or my organization/group, mylour heirs and any other individuals or entities as a result of, or in anyway related to, or arising from, the event identified herein, any of mylour actions in connection with mylour participation in this event except for those claims arising from the sole negligence or sole willful conduct of the City, its officials, officers, employees, volunteers or other representatives. Such indemnification Includes liability settlements, damage awards, costs and attorney fees associated with any such claims. I hereby certify that I have read this document, understand its content, and am authorized to sign this documenl on behalf of all members of the group I represent. DATE: b III l OS . SIGNATURE ~ r-.J NAME: g..t;{vV ~ ,-, ~ A _. ~se Pm!) TITLE:~ J~jI\h.-/ rv\OA~A ./ ADDRESS: Î.5l.n.... lI\.\';;:¿) {\-ý~-»V!Ai:J r ~uJ...øJv'l,(tuV c#I--£t t q t 0 Return completed Special Event Application fonn, plus any additional attachments & infonnation to: CityofChuIaVISta-OfIiceofCommunicalions. 276FourlhAvenue, ChulaVISta CA 91910. Tel: 619-691-5296 Fax:619-409-5448 Forms must be s_ at least 45 days prior II> event sIatt dale. Incomplete fr»ms win not be processed. 4-18 ATTACHMENT C CONDmONS OF APPROVAL - STARLIGHT PARADE CONDITIONS OF APPROVAL FOR STARLIGHT PARADE 1. The DBA shall provide for adequate traffic and crowd control, as determined by the City's Traffic Engineer and Police Department. 2. The DBA shall provide adequate litter control during and after the event, including professional street sweeping. 3. The DBA shall notify all property owners and tenants (including businesses and residents) that will be affected by the street closure. The notification must be sent by first class mail at least seven days prior to the event date. 4. The DBA will be responsible for measures to insure that the noise generated by the event's activities does not reach an excessive level. The DBA will undertake the following measures in order to implement this condition: a. DBA shall continually monitor noise levels of performing bands and other sound- emitting devices and will make adjustments as needed. 7. The Downtown Business Association must provide, 10 days prior to the parade, evidence of general liability insurance in the amount of $5 million, in the form of a certificate of insurance and an additional endorsement page naming the City of Chula Vista, its officials, officers, agents, employees and volunteers as additional insured. The endorsement page must include name of the insured, policy number and policy period. 8. The Downtown Business Association must execute an agreement to hold the City harmless from any liability stemming from parade activities in the street. 9. The Downtown Business Association shall provide portable toilets along the parade route. 10. The Downtown Business Association shall provide and post "No Parking" signs in a form acceptable to the City Traffic Engineer, along the parade route. Posting must take place in a minimum of forty-eight (48) hours in advance of the effective time. 4-19 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN TIIE CITY OF CHULA VISTA AND CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION FOR SPECIAL EVENTS FOR 2005 AND AUTHORIZING TIIE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the City Council of the City ofChula Vista established a Business Improvement Area on November 16, 1971, which created the Chula Vista Downtown Business Association ("DBA"); and WHEREAS, the DBA bas requested to close Third Avenue from "E" to "H" Streets including adjacent side streets to the alleyway in order to conduct Special Events throughout 2005. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Agreement between the City of Chula Vista and Chula Vista Downtown Business Association for Special Events for 2005, a copy öfwhich shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Agreement for and on behalf of the City of Chula Vista. ~~;1 DIrector of Communications 4-20 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 (~t)Pí74rl ~~oóre City Attorney Dated: Agreement between the City of Chula Vista and Chula Vista Downtown Business Association for Special Events 2005 4-21 AGREEMENT between CITY OF CHULA VISTA and CHULA VISTA DOWNTOWN BUSINESS ASSOCIATION for Festival Cinco de Mayo, Lemon Festival and Annual Starlight Parade 2005 1. Indemnification. In consideration of; and as a condition to, the City of Chula Vista approval of Festival Cinco de Mayo, Lemon Festival and Annual Starlight Parade 2005 (hereinafter "Special Evenf'), the Chula Vista Downtown Business Association (hereinafter "CVDBA") sha11 defend, indemnify, protect and hold harmless the City of Chula Vista and Redevelopment Agency of the City of Chula Vista, their respective agents, elected and appointed officers and employees (hereinafter collectively referred to as "City''), from and against all claims for damages, liability, cost and expense (including, without linritation, attorney's fees) arising out of the conduct of the CVDBA, or any agent, officer employee, subcontractor, or other person acting on behalf of the CVDBA in connection with the Special Events to be held in 2005, except for those claims, damages, liability, costs and expenses (including without linritations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City. CVDBA shall also defend, indemnify, protect and hold harmless the City from liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City which may be in combination with the active or passive negligent acts or omissions of the CVDBA, its employees, agents or officers, or any third party. CVDBA indemnification shall include any and all costs, expenses, attorneys fees and liability incurred by the City in defending against such claims, whether the same proceed to judgment or not. CVDBA's obligations under this Agreement shal1 not be linrited by any prior or subsequent declaration by the CVDBA. CVDBA's duties under this Agreement shal1 survive a decision by either party to terminate the other obligations associated with the Special Event to be held in 2005. 2. Conditions of Operations. CVDBA sha11 comply with the Conditions of Approval identified in Attachment A, B and C. 3. Insurance. 4-22 The Downtown Business Association must provide, 10 days prior to the Special Event, evidence of general liability insurance in the amount of $5 million in the form of a certificate of insurance and policy endorsement satisfactory to the City, naming the City of Chula Vista and the Chula Vista Redevelopment Agency as additional insured. Executed this day of , 2005 in the City of Chula Vista, California. CVDBA CITY OF CHULA VISTA By. ~1ßA~ By: Steve Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form by: Ann Moore, City Attorney 4-23 ~/'¿.) ¿j;/}\/T>UN. 'Cð-~ RESOLUTION NO. 12177 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHíJLA VISTA APPROVING COUNCIL POSITION PAPER ON THE PROPOSED MONTGOMERY ANNEXATION The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, at the November 5, 1965 election, the ci tizens of the County area currently served by the Montgomery Fire Protection District will be voting on the issue of annexation to the City of Chula Vista, and WHEREAS, in order to assist the City Council and staff in answering questions and planning for the potential annexation, staff has prepared a ¡;>ro¡;>osed Council Position pa¡;>er, attached hereto as Exhibit A and incorporated herein by reference as if set forth in full, summarizing the City's pOlicies regarding s¡;>ecific service and fiscal questions related to the pro¡;>osed annexation. NOW, TBEREFORE, the City of Chula Vista Paper on the proposed Exhibit A. BE IT RESOLVED that the City Council of does hereby a¡;>prove the Council Position Montgomery Annexation as set forth in sen~ / \.....-- City Thomson, Director of Services by 0772a EXHIB IT A CITY COUNCIL POSITION PAPER ON THE PROPOSED MONTGOMERY ANNEXATION September 24, 1985 17 I ? 7 On November 5, 1985, the citizens of the San Diego County area currently within the Montgomery Fire Protection District will be voting on the issue of annexation to the City of Chula Vista. The Chula Vista City Council has adopted this "position paper" in order to: Establish the City's policies related to the potential annexation of the area; Help the residents of the area understand what effects annexation would have on them; Assist City officials in answering questions concerning the proposed annexation; Prov1 de early planning that woul d help assure a smooth transiti on of the area into the City if its residents vote to annex to Chula Vista. The City's underlying policies regarding the potential annexation of the area currently served by the Montgomery Fire Protection District are: 1. Revenues generated in Montgomery wfll be spent in Montgomery to provide the area with the same level of municipal services as the rest of the City and to provide for an extensive capital improvement program to upgrade public facilities in the area such as curbs, gutters, sidewalks, roads, drainage systems, and parks. 2. Recognizing the uniqueness and size of this potential annexation. the City will provide special processes to insure a smooth transition of the area into the City. The remainder of this document summarizes the City's policies regarding specific service and fiscal questions related to the proposed annexation. The issues will be discussed in the following categories: Zoning and Development Issues Public Safety Social and leisure Services Public Facilities Fiscal Issues Miscellaneous Issues Special Transition Processes EXHIBIT A A.. ZONING AND DEVELOPMENT ISSUES 1. HOW WIll LAND USES IN THE AREA CURRENTLY WITHIN TI£ MONTGOMERY FIRE PROTECTION DISTRICT BE CHANGED UPON ANNEXATION TO THE CITY OF CIIJI.A VISTA? County zoning regulations will continue to prevail while a study is conducted to determine the relationship of existing development, County zoning regulations and proposed City zoning for the area. The Montgomery Planning Committee will review these issues and make recomnendations to the Planning COIJIIIission and City Council on a proposed zoning plan. Public hearings will be conducted to help develop the zoning plan. Existing legal land uses in the area will not be changed. Those legal land uses that do not conform to the governing zoning regulations will be allowed to remain as nonconforming land uses as long as the use remains in operation. 2. HOW WILL ZONING ENFORCEMENT IN THE AREA BE CARRIED OUT UPON ANNEXATION TO THE CITY? While County zoning continues to apply, the City will enforce the County zoning standards. This will probably be done by responding to complaints in regard to zoning violations. When the City zoning takes effect, the Ci ty wil 1 then enforce the Ci ty standards in the area, with existing legal land uses allowed to continue, as described in Question 1. 3. WILL THE HOUSING REHABILITATION PROGRAM (CHIP) IN THE AREA BE CHANGED UPON ANNEXATION? It appears that the present Housing Rehabnitation Program being admi ni stered by the County wfl 1 be extended for at 1 east one more year. After that the City will expand its program, which is equal to or better than the County program, into the area. 4. IIILL ALL OR PART Of THE AREA BE ESTABLISHED AS A REDEVELOPMENT PROJECT AFTER ANNEXATION? As part of an agreement wi th the County, the Ci ty has agreed not to form a Redevelopment Project that woul d i ncl ude any area currently served by the '~ontgomery Fire Protection District for at least four years after the effective date of the annexation. Redevelopment would require broad community support in a joint pUblic/private sector effort. The Ci ty woul d work wi th the comnuni ty to detemi ne the desirability and feasibility of redevelopment, - 2 - I Zfl'; 5. HOW WILL THE MONTGOMERY PLANNING COfiJIITTEE BE INTEGRATED INTO THE CITY'S PlANNING PROCESS AFTER ANNEXATION? The Montgomery Planning Collll1ittee will function as an advisory body to the Planning COIIII1ission and City Council for issues affecting the area. The Committee will fonnulate recanmendations on all types of land use applications filed within the area. In addition_ the Conmittee will be charged with the responsibility of recOl11llll!nding a Community Plan for the area. Primary staffing for the Montgomery Planning Committee will come from the City's Planni ng and Engineering Departments. In addition, Community Development and other City departments would support this effort as needed. B. PUBLIC SAFETY 6. IIHAT LEVEL OF POLICE PROTECTION WILL BE PROVIDED IN THE AREA UPON ANNEXATION? The City will provide police protection equivalent to that provided in the City. At least 25 positions will be added to the City's Police Department in order to bring the area's pOlice service up to a level equivalent to that provided in the City. The additional Police Department positions would include at least the following: 15 Patrol Staff 4 Investigative Staff 1 Evidence Tèchnician 1 Communication Operator 1 Animal Control Officer 3 Clerical Staff ~ Additional Police Positions 7. WHAT LEVEL Of fIRE PROTECTION WILL BE PROVIDED IN THE AREA UPON ANNEXATION? There will be no change in the area's level of fire prevention and suppression service. Both the Chula Vista and Montgomery Fire Protection District firefighters recei ve the same type of training and all are trained as Emergency Medical Technicians (EMT). The Fire Protection District will be dissolved on the effective date of the annexation, when the City will assume responsibility for fire protection in the area. The City will continue to operate the existing Fire Protection District station on Oxford Street. - 3 - 8. WHAT LEVEL OF ANIMAL COmOL SERVICE WILL BE PROVIDED IN THE AREA UPON ANNEXATION? The City will provide the same level of animal control service provided to Chula Vista residents including patrol services from 6:30 a.m. to 6:30 p.m. most weekdays and on Saturday afternoons. The animal shelter is located at 690 Otay Valley Road and is nOl'lllally open g:OO a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to noon on Saturday. C. SOCIAl AND LEISURE SERVICES 9. HOW WILL lIBRARY SERVICE BE PROVIDED IN THE AREA UPON ANNEXATION? No change is expected in the foreseeable future in the level of library service provided in the area. Residents of the area currently borrow almost as many books from the Chula Vista Public library (59,000 per year) as from the two County branch libraries (63,000) in Castle Park and Woodlawn. The City and County have agreed to keep the two County branch libraries open for the foreseeable future after annexation by keeping the area within the existing County Library District. Under this agreement, the City will pay the County the difference between the operating cost of the two branch libraries and the District's revenue generated in the area. The City is already planning to conduct a comprehensive facilities study which will include library facilities and will examine ongoing communi~ needs regarding library services. Upon annexation the area will be included in this City-wide study to establish a plan for appropriate long-term library services and facilities. 10. WHAT LEVEL Of RECREATION SERVICES WILL BE PROVIDED UPON ANNEXATION? The City will enter into negotiations with MAAC, the County's current contractor, to continue providing programs at the lauderbach Community Center. To complement those programs, the City will offer more general recreation services at the Center and will start providing weekend classes and recreational opportunities. In addition, the City will provide after school playground programs at both the lauderbach and Montgomery elementary school s. The after school playground programs already being provided by the City at the Harborside, Rice, Castle Park, and Dtay elementary schools will continue to be available to area residents. 11. WHAT LEVEL OF PARK SERVICE WIll BE PROVIDED UPON ANNEXATION? The City will maintain the existing parks adjacent to the lauderbach and Woodlawn Community Centers, either by contract or by City staff. The City would also strive to increase the amount of park acreage from the area's current ratio of 0.2 acres per thousand population to the City's standard of 2.0 acres per thousand population. - 4 - D. PUBLIC FACILITIES I? 17 ¡ 12. HOW WIll THE CITY UPQRADE THE MONTGOMERY AREA WITH THE REVEJaJES GENERATED IN THE AREA AFTER ANNEXATION? The City will work with the Montgomery Planning Committee to establish a multi-year phased capital improvement program aimed at upgrading public facilities in the area such as curbs, gutters, sidewalks, roads, drainage systems, and parks. The total cost of the program is expected to exceed $12 million with the City using Gas Tax Funds, Comunity Development Block Grant funds, general funds, and other sources to finance the capital improvements. The City intends to spend three to five times as much as the County currently does on annual capital improvements. The County has agreed that any Comnunity Development Block Grant projects funded prior to annexation and under construction will be completed by the County. Assessment di stricts can also be fonned for street improvements if desired by the community. However, for at least ten years after the effective date of the annexation, the City Council will not fonn an assessment district in the Montgomery area for street improvenents (curbs, gutters, sidewalks, or pavement) unless property owners representing at least 2/3 of the area in the proposed district support its formation. 13. WHAT LEVEL OF STREET MAINTENANCE WILL BE PROVIDED IN THE AREA UPON ANNEXATION? Overall street maintenance will improve upon annexation, since the City's maintenance standards are considerably higher than the County's. Potholes will be repaired more frequently, streets will be resurfaced more frequently, and shoulders on unimproved streets will be bladed (leveled) more frequently. The City will extend its "chip seal" program. which has received nationwide acclaim, to roads in the area. Major streets will be chip sealed every 8 to 10 years and local streets every 15 to 20 years. In addition, the City will upgrade and expand its existing synchronized (computerized) traffic signal system into the area, which currently does not have synchronized traffic signals. 14. WHAT LEVEL OF STREET SWEEPING WIll BE PROVIDED IN THE AREA UPON ANNEXATION? The City will provide the same level of street sweeping services provided to the rest of the City. Streets in residential areas will be swept twice a month and streets in commercial areas three times a week. Street sweeping is currently not provided in the area on any regular schedule. - 5 - .. 15. WILL THE CITY'S STREET TREE PROGRAM BE EnENDED INTO THE AREA UPON ANNEXATION? The City, which has been designated a "Tree Ci ty USA" each of the last five years, will extend its street tree program into the area. The City will trim all street and park trees on a regular basis. Street trees in the area are currently trimmed only when hazardous conditions require it. 16. HOW WILL STORM DRAIN CONS11WCTION AND MAINTENANCE IN THE AREA BE AFFECTED BY ANNEXATION? Stonn drain construction will be accelerated, drainage maintenance improved, and flooding potential decreased. A comprehensive drainage plan and capital ilDj)rovement program will be developed for the area as has been done for the rest of the City. The City will expend approximately $4 million following annexation as its share of the Telegraph Ca~on Channel improvement to be constructed with the U. S. Corps of Engineers. 17. WHAT WILL HAPPEN TO THE MONTGOMERY SEWER DISTRICT AND TO SEWER FEES UPON ANNEXATION? There will be no change in regular sewer service charges for the near future. On July 1, 1986, the Montgomery Sanitation (Sewer) District will be dissolved and the City will take over sewer maintenance. Montgomery Sewer District reserves will be placed in a separate account and used to maintain and benefit the existing Montgomery sewer system. The sewer connection fee will be reduced from $1,000 to $300 per single family dwelling. As Montgomery Sewer District reserves are depleted, the City will review existing Montgomery sewer service and sewer connection charges and may establish new charges that reflect the maintenance costs and charges for the City-wi de system. 18. WHAT WILL HAPPEN TO THE STREET LIGHTING DISTRICT AID RELATED FEES UPON ANNEXATION? The City will assume responsibility for street lighting in the area within a year of annexation, and the area will be removed from the County's Street Light District. At that time, the City will pay for street lighting, and residents and businesses in the area will no longer be required to pay a special street lighting fee. - 6 - E. FISCAL ISSUES J' . . '--.' . ) 'if I! 19. HOW WIll TAXES AND FEES CHANGE FOR AREA RESIDENTS UPON ANNEXATION? To show how annexation to Chula Vista might affect the taxes and fees Montgomery residents are currently paying, the following list has been developed as representative of the most common relevant costs to area residents: ITEM Property Taxes CHUlA VISTA 1 ~ of assessed val ue Bonded Indebtedness(a) $3.41 per year unti 1 1990 (based on $75.000 house) Street Lighting Fee Sewer Service Charge(b) -0- $64.80 per year (would not apply to Montgomery) $300 per dwelling unit Sewer Connection Fee Utility Users Tax(C) Approx. $30 per year (certain exemptions are avail abl e) $73.20 per year (would not automatically apply to Montgomery) Trash Service(d) Dog licenses 1 Year 2 Years $ 9 $16.50 Development Fees COUNTY 1 ~ of assessed value -0- $15 per year $39 per year $1,000 per dwelling unit -0- $S9.40 per year $14 $23 Generally the same or higher in the County than in the City (a) Chula Vista's Police Building bonds would cost $3.41 per year for a homeowner wi th a house assessed at $75,000. When these bonds are paid off in 1990, this charge will be eliminated. (b) The Montgomery sewer service charge woul d not be increased in the near future after annexation, as explained in Question lB. (c) The City offers senior citizens (age 62 or older) with incomes of $7500 or less an exemption .from this tax, which is based on gas, electric, and phone usage. If qualified senior citizens are on a master meter for 9as and electric, they can receive a $12 rebate and the regular exemption for the tax on phone usage. (d) The cost of trash service in the area would not automatically be reduced by annexati on, but the Ci ty woul d attempt to negotiate a lower rate for the area, as explained in Question 22. 20. IF THE AREA DECIDES TO ANNEX. mil ifILL THE CITY USE REVENUES FROM THE AREA? Revenues generated in Montgomery will be spent in Montgomery to provide the area with the same level of municipal services as the rest of the City and to provide for an extensive capital improvement program to upgrade public facilities in the area such as curbs, gutters, sidewalks, roads, drainage systems, and parks. The area currently is paying significantly more in taxes and fees than it is rece1vi ng in services and capi tal improvements. The County uses its surplus revenues from the area to provide services and programs in other parts of the County. F. MISCELLANEOUS 21. HOW WILL ANNEXATIDN AFFECT EXISTING TRASH SERVICE TO THE AREA? Area residents will receive the level of trash service currently provi ded by the Sani tary Servi ceo This 1 evel of servi ce is guaranteed to be delivered by the State Government Code for a minimum of five years after annexation or until such time as the existing franchise holder sells his franchise. The City will attempt to renegotiate the. existing trash collection fees in the area to the same, lower rate currently paid by Chula Vista residents. 22. HOW WILL THE CITY'S MOBILEHM RENT MEDIATION PROCESS APPLY TO THE AREA UPON ANNEXATION? The City I s Mobil ehome Space Rent Mediati on Ordi nance will become effective in the area upon annexation. The County has no similar procedures for negotiating disputed rent increases in mobilehome parks. The City's ordinance provides that when a cumulative rent increase in a calendar year exceeds the previous 12 months' residential rent component of the Consumer Price Index, a negotiation/mediation process may be initiated if a majority of a park's residents sign a petiti on di sputi ng the rent increase. The process requi res participation by both parties in the negotiation and mediation process. The results of the process are not binding. In addition, the City has established a Mobilehome Issues Committee, which is composed of parte owners and park residents. The COlllJ1ittee meets monthly to discuss issues related to mobilehome life and to advise the City Council on such issues. - 8 - 1'217>-') 23. WHAT EFFECT WILL ANNEXATION OF THE AREA HAVE UPON THE EXISTING COUKTY FLOOD CONTROL DISTRICT - ZONES 3 a 4 AND THE COUNTY SERVICE AREAS: NO. 42 (ZONES A " B)-WOODLAWN PARK; NO. 62-ÞQNTGOMERY PARKS: NO. 66-VALlEY AVENUE; AND NO. 98-OATE COURT? County Service Areas No. 42, 62, 66 and 98 will be dissolved upon annexation and the City will assume respons fbili ty. Similarly, the area will be relloved from the County Flood Control District and the City will assume responsibility. G. SPECIAL TRANSITION PROCESSES 24. WHEN WILL THE ANNEXATION BECOME EFFECTIVE AND HOW WILL Tt£ TRANSITION FROM THE COUNTY TO THE CITY BE HANDLED? If the citizens of the area currently within the Montgomery Fire Protection District vote on November 5, 1985 to annex to Chula Vista, the annexation will become effective by the end of December 1985. In order to provide the area with the same level of municipal services as the rest of Chula Vista, the City will hire IIiIny additional staff and purchase a significant amount of equipment. To provide adequate time to obtain this staff and equipment, the City m~ contract with the County to continue providing some services for a few months. By July 1, 1986, however, the City intends to provide virtually all municipal services to the area, as described previously in this document. To help insure a smooth transition of the area into Chula Vista, the City will also provide several other special processes. The Montgomery Planning Committee will be established as an advisory committee to the Planning Commission and City Council for the area. The Committee will formulate a recommended COßll1unity Plan, provide recommendations for all types of land use applications filed in the area, and help develop a multi-year capital improvement program to upgrade public facilities in the area. The City also will temporarily add one qualified member, to be appointed from the Montgomery area, to each of the City's twelve non-Charter established advisory boards and cOßll1issions. The number of members on these advisory boards and commissions would revert to the previous number when the member apPointed from the Montgomery area could be assimilated within the regular number of members. The City Council holds meetings in Chula Vista's Civic Center on the first four Tuesdays of every month. The meeting on the first Tuesday of each month is held at 4:00 p.m. and the other regular meetings are at 7:00 p.m. One portion of each meeting is devoted to Oral Conmunications, when members of the audience are invited to address the Council on items of concern to them. This forum will provide an additional opportunity to help insure that the City meets the needs of new as well as current Chu1a Vista residents. WPC 07121 - 9 - 1117~? I COUNCIL POSITION PAPER ON THE PROPOSED MONTGOMERY ANNEXATION APRIL 26, 1982 On June 8, 1982, the citizens of the San Diego County area known as MOntgomery will be voting on the issue of annexation to the City of Chula Vista. In order to assist the City Council and staff in answering questions, and planning for the potential annexation, and to assist Montgomery residents in understanding what the potential impacts of annexation to the City will have on them, the City Council has adopted the attached "Position Paper" on the proposed Montgomery Annexation. The Council Position Paper was developed to assist the City Council and staff in planning for a smooth transition of the Montgomery area into the City. The underlying assumptions regarding the development of the City's position on the proposed annexation of Montgomery are: 1. The Montgomery area will be provided with the same level of services as the existing City. 2. The City, recognizing the uniqueness of this large annexation, will provide special processes to insure a smooth transition of the area into the City. In addition, the Position Paper provides staff with general guidelines to answer specific service and fiscal questions from the public. EXHIBIT B t't-- ( - ¡ .. /) April 16, 1982 MONTGOfoERY ANNEXATION, SERVICE AND FISCAl ISSUES PURPOSE: The purpose of thfs document 15 to sunnar1ze the City's position regarding service and fiscal issues related to the proposed Montgo.ery annexation. The major use for this document is intended for: 1. consideration and approval by the City Council; 2. use by City staff in responding to questions from the public and in planning for potential annexation. This document ~ be distributed to the public or the press upon request. . The underlying assumptions regarding the development of the City's position relative to the proposed annexation of the Montgomery area are: 1. The Montgomery.area will be provided with the same level of services as the existing City. 2. The City, recognizing the uniqueness of this large annexation, will provide special processes to ensure a smooth transition of the area into the Ci ty. A. Zoning and Development Issues 1. HOII WILL MONTGOMERY LAND USES BE CHANGED UPON ANNEXATION TO CONFORM WITH EXISTING CHULA VISTA ZONING REGULATIONS? Existing legal land uses in Montgomery will not be changed. Those legal land uses that do not conform to the governing zoning regulations will remain as a nonconforming land use. In the future, nonconforming land uses that are discontinued will be required to comply with the then governing land use regulations. 2. HOW AND WHEN WILL THE CITY APPLY ITS OWN ZONING TO THE MONTGCIIERY AREA AFTER ANNEXATION? City zoning regulations will apply to the Montgomery area after a study has been conducted to determine the relationship of existing development, County zoning regulations and proposed City zoning for the area. The Montgomery Planning Committee will review these issues and make recOllll1endaUons to the Planning Comnission on a proposed zoning plan. Attachment "A" April 16. 1982 3. HOII WILL ZONING ENFORCEMENT IN THE MONTGMRY AREA BE CARRIED OUT UPON ANNEXATION TO THE CITY OF CHUlA VISTA? As long as County zoning applies, estimated to be about twelve months, the City will enforce the County zoning standards. This will probably be done by responding to complaints in regard to zoning violations. When the City zoning takes effect, the City will then enforce the City standards in the Montgomery area in the same way that those standards are now enforced in the City. 4. ~EN IIILL HOUSING INSPECTION IN THE II)NTGMRY AREA BE PERFOR/IED IN ~CORDANCE WITH STATE STANDARDS? (STATE LAW MANDATES REGtLAR INSPECTION OF APARTMENTS.) The Cit¥ intends upon annexation of the Montgomery area to answer all housing complaints. Thereafter a survey of apartments in the Montgomery area would be made and a program of regular inspections set up as required by law. (Apparently at the present time the County does not conduct the requi red housing inspections due to a manpower shortage.) 5. WILL THE HOUSING REHABILITATION PROGRAM (CHIP) BE CHANGED IN THE MONTGOlERY AREA UPON ANNEXATION? No. It appears at thi s time that the present Housing Rehabilitation Program being administered by the County will be extended for at least one more year. After that the City expects to expand its program, which is equal to or better than the County program, into the Montgomery area. 6. ""AT WILL HAPPEN TO MONTGMRY CIMIJIITY DEVELOPMENT BLOCK GRANT (CDBG) MONEY UPON ANNEXATION TO THE CITY OF CHUlA VISTA? The Montgomery area Block Grant Funds (about $300,000 per year) would continue to be spent in the Montgomery area for the foreseeable future. Dependent upon federal regulations, the County woul d continue to carry out the County COI1IRInity Development Block Grant program for at least one year. 7. WILL AlL OR PART OF THE MONTGIHRY AREA BE ESTABLISHED AS A REDEVELOPMENT PROJECT AFTER ANNEXATION? Redevelopment in Chula Vista is a joint pUblic/private sector effort. Therefore the City would consult with the Montgomery Planning Committee and various private groups to ascertain the desirability and support for redevelopment. The primary thrust for redevelopment effort would come initially not from the City Council but frOlll the community itself. PAGE 2 (1--(7'1 Apri 1 16. 1982 Sa. HOW WILL THE MONTGOMERY PLANNING COIlnmE, IF APPROVED BY THE VOTERS IN THE JUNE ELECTION, BE INTEGRATED INTO THE CITY'S PLANNING PROCESS? The Montgomery Planning Conmittee would function as an advisory body to the Planning Conmission for the Montgomery area. That connittee would formulate recommendations to the City Planning Conmhsion on all types of land use applications which are filed within the Montgomery area. In addition, the Conmittee 15 charged with the responsibflity of recommending a Conmunity Plan for that area. 8b. HOW WILL THE MONTGOf£RY PLANNING CCMlImE 11£ STAFFED? Primary staffing will come from the Planning Department which proposes to assign two professional planners and a planning technician to perform the majority of the required work effort in the MOntgomery area. In addition Engineering, Communfty Development and other City departments would support this effort as needed. B. Public Safety 9. WHAT lEVEL OF POlICE PROTECTION WILL BE PROVIDED IN THE MONTGOMERY AREA UPON ANNEXATION (INCLUDING PATROl.. AND INVESTIGATION)? The City will provide police protection equivalent to that provided in the City. Up to twenty-one additional patrol and investigative personnel will be needed to achieve an equivalent level of service now being provided to the City. Currently the County of San Diego provides twelve patrol and fnvestigative staff to the Montgomery area. 10. WHAT LEVEL OF FIRE PROTECTION WILL BE PROVIDED IN THE MONTGOI£RY AREA UPON ANNEXATION (INCLUDING PREVENTION AND SUPPRESSION)? There will be no change in the level of fire prevention and suppression service. Both Chula Vista and Montgomery fire fighters receive the same type of training and all are trained as Emergency Medical Technicians (EMf). In addition, the City of Chula Vista has a better fire insurance rating than does the Montgomery Fire Protection Dfstrict. 11. WHAT LEVEL OF ANIMAL CONTROL SERVICE DO WE INTEND TO PROVIDE IN THE IIJNTGOMERY AREA? The City will provide the same level of animal control service provided to Chula Vista citizens. PAGE 3 April 16. 1982 C. Soci a 1 Servi ces 12. HOII LONG IIIlL THE COUNTY CONTINUE TO OPERATE THE TIIO EXImNG LIBRARY BRANCHES IN THE MllfTGOI€RY AREA AFTER ANNEXATION? No change is expected for the foreseeable future in the level of library service provided in the Montgomery area. If annexation is successful, the Montgomery area will remain in the existing County library districts with existing libraries being operated by the County. However, even if there is no annexati on. the County may choose to close the branch libraries in Montgomery due to budget restraints and lack of revenue. The ctty of Chula Vista is proposing in its FY1982-83 budget a comprehensive facility study which will include library fac11ities and exalline ongoing needs of the conmunity regarding library services. If annexation occurs, the Montgomery area will be included in this study. 13. HOII WILL THE LAUDERIlACH CCMI.INITY CENTER AND ADJACENT FOUR ACRE PARK BE MAINTAINED ÁND OPERATED AfTER ANNEXATION? Programs offered at lauderbach Conmuni ty Center are provi ded by a contractor under the County; the City is currently negotiating continued service with the contractor. Whether the Lauderbach pro grail 1 s maintained by the contractor or the Chula Vista Parks a Recreation Department, the current level of service available at the Center w11l be continued or upgraded. The existing 4-acre park will be upgraded to meet existing City standards. D. Public Facilfties 14. HOII WILL IIINTGOMERY BE BROUGHT INTO TIlE CITY'S CAPITAL III'ROYDlENT PROGRAM (CIP) PROCESS AFTER ANNEXATION? For the first year the City Staff will work with the County Staff and will integrate into the City's Capftal Improvement Progrlll those projects already scheduled for construction by the County for the next year. Thereafter a five year Capital Improvement Program will be developed with input from the Montgomery area citizens and integrated into the City's CIP. The basic criteria used to evaluate which projects to include fn a Capital Improvement Program are 1) money aveflab1e and 2) need for the project. The Montgomery area w11 1 contribute money in the form of gas tax and other taxes to the City of Chula Vista which can be spent in that area for capital projects. PAGE -1 ("1--1 7-' April 16, 19t 15a. HOII ifILL ANNEXATION AFFECT THE EXISTING MOHTGOMERY Sf:WER DISTRICT AND THE EXISTING RESERVES? On November 1, 1982, the Montgomery Sewer Distrfct will be dfsso1ved and the City will take over sewer maintenance. Montgomery Sewer District reserves will be placed in a separate account and used to maintain and benefft the exfstfng Montgomery sewer system. 15b. HOW WILL THE SEIfER CHARGES IN THE MONTGOMERY AREA BE AFFECTED UPON ANNEXATION? There will be no change of sewer service charges for the near future. However, as Mon tgomery Sewer Dfstri ct reserves are depleted the Cfty wi11 review exfsting Montgomery sewer service and sewer hookup charges and m~ establish new charges that reflect the maintenance costs for the City wide system. 16. HOW WILL 11IE UPGRADING OF STREETS BE FUNDED IN THE MONTGOMERY AREA? To a great extent this depends upon not only the condition of the streets but thè interest of the Montgomery residents in improving the streets. Gas tax and Block Grant Funds are of course eligible and may be spent in this area, as indicated previously. However assessment districts can also be formed if desired by the community. 17. WILL THE CITY'S EXISTING STREET TREE PROGRAM BE EXTENDED TO THE MOffTGOÞERY AREA UPON ANNEXATION? The City will extend its street tree program into the Montgomery area. 18. IIIAT WILL HAPPEN TO THE IDITGIJIERY STREET LIGHTING DISTRICT UPON ANNEXATION, AND HOW WILL THAT AFFECT EXISTING STREET lIGlfTIt«; STANDARDS IN THE MONTGCM:RY AREA? Annexation will not affect the existing Montgomery Street lighting District. However, since the District's lighting standards are higher than the City's, the City will contribute an amount equivalent to existing City lighting standards to assist in the p~ment of energy costs and the maintenance of district lights. 19. HOW WILL STORM DRAIN CONSTRUCTION IN THE MONTGOMERY AREA BE AFFECTED BY ANNEXATION? lie expect the storm drain construction to be accelerated and flooding potential decreased. This woul d occur through the development of a comprehensive drainage plan and capftal improvement program for the area as has been done with the rest of the Ci~. PAGE 5 April 16, 198Z E. Construction and Maintenance 20. WHAT STREET MAINTENANCE WILL BE PROVIDED IN MONTGCII:RY UPON ANNEXATION? overall street maintenance will improve upon annexation. City maintenance standards are considerably higher than the county's. potholes will be repafred more frequently, streets will be served more frequently, and shoul ders on unimproved streets wi 11 be bl aded (leveled) more frequently. 21. WHAT DRAINA6E MAINTE~E WILL BE PROVIDED IN MONTGOMERY UPON AllllEXATI ON? Drainage maintenance will improve after annexat10n. The Cf~ expects to devote a considerable effort to bring the unimproved public drainage channels up to City standards. We would expect to clean and widen a significant number of channels and as funds permit to construct a Ml ow- flow" program. F. Administration and Fiscal 22. HOW WIll TAXES AND fEES CHANGE FOR THE "'NTGOÞERY RESIDENTS UPON ANNEXATIOII? To show Montgomery residents how annexation to Chu1a Vista will affect the taxes and fees they are currently paying, the following list has been developed as representative of the most comnon costs to area residents: ITEM Sewer Service Charge(a) Sewer Connection Fee(b} Property Taxes CHULA VISTA $64.80 per yr. NO CHARGE KlNTGOMERY $30.00 per yr. $1 ,000 per EDU Ui of the market value or $4 per $100 of assessed value Same Dog Licenses 1 Year 2 Years $9.00 $16.50 $12.00 $20. DO Recreation Fees Recreation Fees at lauderbach Communi~ Center are considerably higher than the same fees for the City of Chula Vista PAGE 6 (/)/~;-) V' ! I" April 16, 1982 ITEM CHULA VISTA MONTGOMERY Planning Fees Essentially the same for the City and the County Essentially the same for the City and the County Generally higher in the County than in the C fty Engineering Fees Bul1ding Fees Bonded Indebtedness Utility Users Tax(C) Approx. $.31/month Approx. S2/lIIOnth NO CHARGE NO CHARGE (a) (Please refer to Question 15b for a more complete answer) (b) It is projected that approximately 2,060-2,800 equivalent dwelling units can still be hooked up to the Montgomery sewer district. This is based on våcant land and redevelopment of the area. (c) (The City of Chula Vista offers an exemption for senior citizens wfth incOllles of less than $7500 or a rebate of SIZ per year for those residents on a master meter. 23. IllAT IS THE FISCAL IWACT TO THE CITY UPON ANNEXATION OF THE IIIIfT60IERY AREA? In order to provide the same level of service to Montgœery resfdents an estimated $2.8 lIillion dollars of operating revenues w111 be spent in thfs area. (Total revenues frOll! the MontgoEry area equal approxiutely $3.2 minion dollars for the first year.) On thfs basis, approxilllately $400,000 will be avaflable for ..jor capital improvements to the Montgomery area. G. Miscellaneous 24. IllAT EFFECT WILL ANNEXATION OF THE MONTGOMERY AREA HAVE UPON THE EXISTING coum SERYIC~ AREAS - NO. 42 (ZONE A , B)-WOODLAIII PARK, NO. H-YALLEY AVE., NO. 62-IIIN1'GCI£RY PARKS AID NO. 98-DATE COURT? County service areas No. 42, No. 66 and No. 62 will be dissolved upon annexation. County servfce area No. 98 will remain until such time as the loan for County road improvements is paid off. PAGE 7 April 16, 1982 25. HOW WILL ANNEXATION AFFECT EXISTING TRASH SERVICE TO THE MONTGOMERY AREA'l Montgomery citizens will continue to receive the existing level of trash service provided by the Mikkelson Sanitation Service. This level of service is guaranteed to be delivered by the State Government Code for a minimum of five years after annexation or until such time as the existing franchise holder sells his franchise. SWM:dl WPC 0059A PAGE 8 CITY COUNCIL AGENDA STATEMENT Item: ::; Meeting Date: 04/12/05 SUBMITTED BY: Public Hearing: Resolution of the City Council of the City of Chula Vista approving a Conditional Use Permit PCC-05-033 to conduct a Certified Farmers' Market in the parking lot ofWal-Mart at 1360 Eastlake Parkway, Chula Vista.- Eastlake Educational Foundation Director ofPl~ing and Building ~ ,iV T City Manager\.9ft' íJ~ (4/5 Vote: Yes_No..xJ ITEM TITLE: REVIEWED BY: The Applicant, Ms. Rhonda Valencia, is requesting permission on behalf of the Eastlake Educational Foundation to conduct a weekly Certified Farmers' Market in the parking lot ofWal- Mart at 1360 Eastlake Parkway (see Locator). The project will consist of the establishment of a market to be held every Friday afternoon and involving at least twenty-one (21) certified farmers as well as sixteen (16) food and miscellaneous craft vendors. Also proposed are the hosting of seasonal activities, such as music, craft demonstrations and childrens' activities. The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed project qualifies for a Class I categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus no further environmental review is necessary. RECOMMENDATION: That the City Council adopt Resolution PCC-05-033; recommending that the City Council approve the proposed establishment of a once-weekly Farmers' Market in the parking lot ofWal- Mart at 1360 Eastlake Parkway, subject to the findings and conditions contained in the attached draft City Council Resolution. BOARDS AND COMMISSION RECOMMENDATION: On April 6, 2005, the Planning Commission considered the proposed project. Following staffs presentation and public testimony, the Planning Commission recommended that the City Council approve the Conditional Use Permit. ~--' / Page No.2, Item: ::; Meetin;: Date: 4/1212005 DISCUSSION: 1. Project Background In accordance with Section 19.58.148 of the ChuJa Vista Municipal Code, the City Council, subsequent to its receipt of recommendations thereon from the Planning Commission, may approve a Conditional Use Permit in order for a Certified Farmers' Market to operate. A market operated by the same organization previously operated without City approval at Eastlake Elementary School. With the adoption ofPCA-04-02 on April 6, 2004, Section 19.58.148 was added to the Municipal Code, thereby permitting the establishment of Certified Farmers' Markets. The operator of this market was notified by Code Enforcement that a Conditional Use Permit must be obtained, but prior to obtaining the permit the market proposed to relocate. This permit will allow the same market to operate at the new location. This project is proposed to be located at 1360 Eastlake Parkway, currently the location of an existing new shopping center, and will operate every Friday afternoon from 3:00 p.m. to 7:00 p.m. during spring and summer, and 3:00 p.m. to 6:00 p.m. during fall and winter, regardless of weather conditions. The proposed site ofthe activity is the southeastern section of the parking lot which is closest to Eastlake Parkway. The area to be utilized will provide space for the stalls to be set up, as well as the rides and parking for customers. Ample parking is anticipated, since the site was intended for a much larger store footprint, and the required number of spaces are designated for handicapped use. 2. Project Site Setting The project is located in the Planned Community (P-C) zone, and has a General Plan Land Use Designation of Commercial. 3. General Plan Land Use and Zoning General Plan Zoning Current Land Use Site: North: South: East: West: Commercial Commercial Commercial Multi Family Residential Single Family Residential P-C P-C P-c P-C P-C Shopping center Shopping Center Shopping Center Townhomes Single Family Residential fÝ}- Page No.3, Item: Meetin2 Date: 4/12/2005 ~ 4. Project Description As the representative ofthe Eastlake Educational Foundation, Ms. Rhonda Valencia proposes to operate a Farmers' Market every Friday afternoon from 3:00 p.m. to 7:00 p.m. during Spring and Summer, and 3:00 p.m. to 6:00 p.m. during fall and winter, regardless of weather conditions, on the Wal-Mart site, occupying the parking lot in the southeast area of the site. Her intent is to provide at least twenty-one vendors who are Certified Agricultural Producers, and although she has firm commitments only from the five she has worked with in the past, she expects to have at least sixteen more confirmed by her opening day. At least another sixteen vendors will merchandise prepared foods and arts and crafts, live music will be performed occasionally, and there will be children's activities. The applicant plans to begin operations in April of 2005, and it is understood that any extension or renewal of this use permit must be heard and acted upon by the City Council. Complete plans of this proposal have been submitted (see Site Plan of Attachment --.J. 5. Project Data Table Assessor's Parcel Numbers: 643-020-65-00 Current Zoning: P-C Land Use Designation: Commercial Retail 6. Staff Analysis This large shopping center is located on the western edge of the Eastlake Greens residential area. The space proposed for this Farmers' Market is in the southwest area of the Wal-Mart site, closest to Eastlake Parkway before it intersects with Olympic Parkway. The site plan indicates that the Farmers' Market is a relatively small endeavor, when compared to the size of the shopping center. Because the Wal-Mart site is slated for future expansion, there is more parking available than is likely to be used, and the activity is reasonably-well removed from neighboring businesses. Traffic associated with this Farmers' Market will not exceed the amount usually associated with shopping activities for a commercial center of this size. The establishment of a Farmers' Market at this location will provide an increased amount of necessary and desirable service to the residents and businesses of Chula Vista. This is the second recent application for a Farmers' Market in Chula Vista, the other intended to operate some distance away at Southwestern College. That market is intended to function on Saturday mornings, whereas this market proposes to operate on Friday afternoons. By ¿;:3 Page No.4, Item: j Meeting Date: 4/12/2005 separating their locations and varying their operating times, both markets will thereby provide service to a large number of Chula Vista residents. Farmers' markets are a proven "sustainable" agricultural and consumer practice. "Sustainability" is an enormous public policy advantage to the community. Another advantage is that these markets become a place to meet friends and neighbors, thereby building community. They have been found to help local retailers thrive in locations where markets exist, since people will come out to shop and combine trips. It has been stated by the applicant that the majority ofthe produce is of a variety and freshness not typically available in retail stores. Local growers tend to practice organic farming, resulting in fewer pesticides and fertilizers that cause pollution. Local Farmers' Markets are a method of reducing environmental costs by avoiding the price oftransport of agricultural products from further away, common when shopping at chain grocery stores. The structures will be entirely temporary on this site and an adequate effort has been made to limit the potential effects on passers-by and neighbors of the property. Certified Farmers' Markets Development Standards (Chapter 19.58) "Certified farmers' market" means a retail sales operation, generally outdoors, selling predominantly fresh produce and/or flowers which is subject to the certification regulations of the State of California Department of Agriculture, Weights and Measures, and the County of San Diego's Department of Environmental Health. This market meets the above criteria, selling predominantly fresh produce and flowers and being subject to the certification regnlations listed above. Operational requirements for Certified Farmers' Markets (CVMC 19.58.148) A certified farmers' market shall operate under the folowing rules: A. Operational requirements: I. A farmers' market shall operate no more than once a week, with the day and hours of operation established by the conditional use permit. This market is proposed to operate on Friday afternoons from 3:00 p.m. to 6:00 p.m. in fall and winter and until 7:00 p.m. in spring and summer. 2. The sales area shall maintain a 25-foot setback from the street. The sales area maintains the required setback. ç-t( ~ Page No.5, Item: Meeting Date: 4/12/2005 3. The market shall be located on a paved surface, except for areas used for animal rides. The market will be located on the paved parking lot surface of the Walmart store. 4. The sales area shall be kept in a neat and well-kept manner at all times. The operator has specifically agreed to keeping the sales area in a neat and well-kept manner. B. Signs. The operator of a farmers' market shall obtain approval of a planned sign program for all signs. The development and approval of the planned sign program shall comply with the provisions ofCVMC 19.60.050 and the following: I. Temporary signs, whether a part of or not part of the planned sign program, identifying the farmers' market and hours thereof may only be displayed during the event, and not more than four (4) hours before and one (1) hour after said event. 2. Pennants may be used only for safety and precautionary purposes. 3. Price signs may be used only when of a size and location as to benefit the pedestrian shopper and not passing vehicles. The signs proposed for this market are entirely within the requirements of the ordinance quoted above. B. Required conditions. The conditional use permit shall include requirements of standards for live animals, live entertainment or rides, on-and off-site security and traffic control, emergency access provisions, restrooms, waste management and recycling. The initial term of a certified farmers' market use permit shall be for a period not to exceed one year. All requirements listed above have been met and/or standards for their provision have been specified. Approval ofthis Conditional Use Permit shall be for a period not to exceed one year. Staff and the Planning Commission recommend that the City Council delegate authority for extensions to this Conditional Use Permit to the Planning Commission. 5=5 ç; Page No.6, Item: Meeting Date: 4/12/2005 FISCAL IMPACT The applicant has paid for all costs associated with the processing of this application, and it is not anticipated that additional costs will be incurred by the City. CONCLUSION Based on the preceding information, staffis of the opinion that the project meets the requirements for the establishment of a farmers' market and that the City Council can approve this Conditional Use Permit subject to the conditions listed in the attached City Council Resolution. Attachments: 1. Locator Map 2. PC Resolution 3. Site Plan 4. Disclosure Statement J:IPlanninglAnnlPCClAgenda StatementsIPCC-OS-033.Agenda Stmt2 s-~ ~ 1111111\1110 11111111\110 111111111110 1I1\11111111J 1111111111111 1111111111111 11111111111\\1\ A T\Ä.C~\\V\~'" hlT I ." c ~ ¡¡; en ~ '" '" B CHULA VISTA PLANNING AND BUILDING DEPARTM E NT LOCATOR ~~, Rhonda R. Valencia PROJECT DESCRIPTION: C) VARIANCE ~~~. 136~K~ASTLAKE Request: Farmers Mamt Is proposing CUP for an open air bazaar . PAR WAY in the parking lot ofWaI-Mart at Eastlake on Fridays 3-7 pm SCAU;, I FILE Pë~O&-033 NORTH No Scale Related cases: NONE J:\plannlng\carlos\localors\pco05033.cdr 03.15.05 S:-1 A\"íAn\MWNT ~ RESOLUTION NO. PCC-05-033 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THAT THE CITY COUNCIL APPROVE AND IMPOSE CONDITIONS ON A CONDITIONAL USE PERMIT PCC-05-033 TO CONDUCT A FARMERS' MARKET IN THE PARKING LOT OFWALMART AT 1360 EASTLAKE PARKWAY, CHULA VISTA.- EASTLAKE EDUCATIONAL FOUNDATION WHEREAS, on January 10, 2005 a duly verified application for a Conditional Use Permit (PCC-05-033) was filed with the City of Chula Vista Planning and Building Department on behalf of Eastlake Educational Foundation ("Applicant"); and WHEREAS, said application requests permission to conduct a Farmers' Market consisting of at least 37 vendors, 21 of which will be Certified Agricultural Producers on the property ofWal-Mart on the Project Site ("Project"); and WHEREAS, the area ofland owned by Wal-Mart is the subject matter of this resolution, and is represented in Exhibit A attached hereto and incorporated herein by this reference; and for the purpose of general description is approximately two acres of property on the southeastern edge ofthe overall Wal-Mart site at 1360 Eastlake Parkway, with a land use designation of Freeway Commercial (F-C) and a zone of Planned Community (P-C) ("Project Site"); and WHEREAS, Certified Farmers' Markets require that a Conditional Use Permit (CUP) shall be approved by the City Council subsequent to its receipt of recommendations thereon from the Planning Commission, pursuant to Chula Vista Municipal Code Section 19.54.020 and Section 19.58.148; and WHEREAS, such markets require that a CUP shall require a public hearing before the City of Chula Vista Planning Commission; and WHEREAS, the Environmental Review Coordinator has reviewed the proposal for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Class I categorical exemption pursuant to Section 15301 ofthe State CEQA Guidelines, thus no further environmental review is necessary; and WHEREAS, the Planning Commission does hereby find that the environmental determination of the Environmental Review Coordinator was reached in accordance with the requirements of the California Environmental Quality Act and the Environmental Review Procedures of the City ofChula Vista. WHEREAS, the Planning and Building Director set the time and place for a hearing on said Conditional Use Permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property ownersand residents within 500 feet of the exterior boundaries of the project site at least 10 days prior to the hearing; and 5-8 Resolution PCC 05-033 Page 2 WHEREAS, the hearing was held at the time and place as advertised, namely April 6, 2005 at 6:00 p.m. in Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, after considering all reports, evidence, and testimony presented at said public hearing with respect to the Project, the Planning Commission voted recommending that the Conditional Use Permit be approved; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby recommend to the City Council that they approve the proposed Conditional Use Permit in accordance with the findings and subject to the conditions contained therein. BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the City Council and the Applicant. PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 6th day of April, 2005, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: Marco Polo Cortes, Chair ATTEST: Diana Vargas, Secretary J:IPlanning\ANNlPCClResolutionsIPCC05033.PCRESO.doc Sq A· ..,.-¡"".... '-'\'" 'ç.." . ,\ \r·-·''',.'-.· t· ,r"J\~""~<. 3. /&\~ -~ J I ---., , ~ ' \, \ -\\ \\)] \ \ ' -' 1'\ \' 3 . I ß ¡, \.1 \ ' â \Ii \1 \,\ '\ \ ~ \, \ i II ! \ ~ \ \ ~ \ II " , , , \ ,\ " \~ , \\ \ I ~ \ ;~ \ I i \\ ~. I \ .~, ! I" jo1~. I~ :s!!! ~!!¡ ~il! ~~n iloilo ,II . i I I ! s:/O ATíAC IA. 'IJ.;;ysr- 4 ~If?. -11- '" - P I ann ng & Building Planning Division Department Development Processing cm OF CHULA VISTA APPLICATION APPENDIX B Disclosure Statement Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies .of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be fiied. 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. . NA 2. if any person- identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. NA 3. If any person- identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 'RIî:::lrñ nr T); røf""·rnr<:::: ;::¡rtached Rhonda R. Valencia. Ex. Director 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. ~hnnñ;::¡ Ð V;::¡1øn,..i;::¡ Barbara Le'il"'iI" John Moot 5. Has any person- associated with this contract had any financial deaiings with an officiai-- of the City of Chuia Vista as it relates to this contract within the past 12 months. Yes_ No--x-- 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.x.. Yes _If yes, which Council member? 5"-11 276 Fourth Avenue Chula Vista California 91910 (619) 691-5101 P I ann n g & Building Planning Division Department Development Processing CIlY OF CHUIA VISfA APPLICATION AP¡:'jENDIX B Disclosure Statement - Page 2 7. Have you prDvided more than $340 (Dr an item of equivalent value) to an Dfficial** of the City of Chula Vista in the past tweive (12) mDnths? (This Includes being a source of income, mDney to retire a iegal debt, gift, loan, etc.) Yes _ No---X- If Yes, which Dfficlal** and what was the nature Df item provided? Date: 1 2/29 /04 Si~ Rhonda R. Valencia type name of Contractor/Applicant Print or * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organizatiDn, corporation, estate, trust, receiver, syndicate, any other county, city, municipality. district, or other pDlitical subdlvisiDn. -Dr 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. 5-/;2- 276 Fourth Avenue Chula Vista California 91~10 (61~) 691-5101 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONDITIONAL USE PERMIT PCC-05-033 TO CONDUCT A CERTIFIED FARMERS' MARKET IN THE PARKING LOT OF WAL-MART AT 1360 EASTLAKE PARKWAY, CHULA VISTA (APPLICANT: EASTLAKE EDUCATIONAL FOUNDATION) I. RECITALS WHEREAS, on January 10, 2005 a duly verified application for a Conditional Use Permit (PCC-05-033) was filed with the City of Chula Vista Planning and Building Department by Eastlake Educational Foundation ("Applicant") requesting permission to conduct a Farmers' Market consisting of approximately 37 vendors, 21 of which will be Certified Agricultural Producers on a property where a Wal-Mart is located ("Project"); and A. Project Site WHEREAS, the area ofland owned by Wal-Mart is the subject matter of this Resolution, and is represented in Exhibit "A", copies of which are on file in the Office of the City Clerk, attached hereto and incorporated herein by this reference; and for the purpose of general description is approximately two acres of property on the southeastern edge of the overall Wal-Mart site at 1360 Eastlake Parkway, with a land use designation of Freeway Commercial (FC) and a zone of Planned Community (P-C) ("Project Site"); and B. Project; Application for Discretionary Approval WHEREAS, on January 10, 2005, the Applicant filed an application with the City of Chula Vista Planning and Building Department requesting approval of a Conditional Use Permit to allow the operation of a Certified Farmers' Market consisting of at least 37 vendors, but no more than 45 vendors, with at least 55% of those vendors being Certified Agricultural Producers on the southeastern edge of the overall Wal-Mart site at 1360 Eastlake Parkway; and C. Prior Discretionary Approval and Recommendations WHEREAS, the application for a Conditional Use Permit has received the following discretionary approvals and recommendations: Planning Commission recommendation of approval of Conditional Use Permit PCC-05-033 to operate a Certified Farmers' Market at 1360 Eastlake Parkway on April 6, 2005; and S:/3 Resolution No. 2005- Page 2 of 7 D. Planning Commission Record of Applications WHEREAS, the Planning Commission held an advertised public hearing on the Project on April 6, 2005, and after hearing staff's presentation and public testimony voted to recommend that the City Council approve the Project, in accordance with the findings and subj ect to the conditions listed below; and E. Council Record of Applications WHEREAS, the City Clerk set the time and place for the public hearing on the Project's Conditional Use Permit application; and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, its mailing to property owners and tenants residing within 1,000 feet of the exterior boundary of the Project, at least ten days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the City Council of the City ofChula Vista on April 12, 2005, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m, to receive the recommendations of the Planning Commission, and to hear public testimony with regard to the same. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine and resolve as follows: II PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing on the Project held on April 6, 2005, and the minutes and Resolution resulting therefrom, are hereby incorporated into the record of this proceeding. III. COMPLIANCE WITH CEQA The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act and has determined that the proposed project qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. Thus no further environmental review or documentation is necessary. IV. INDEPENDENT JUDGMENT OF CITY COUNCIL The City Council has exercised their independent review and judgment and concurs with the Environmental Review Coordinator's determination that the Proj ect qualifies for a Class I (Existing Facilities) categorical exemption pursuant to Section 15301 of the State CEQA Guidelines. S-/'I- Resolution No. 2005- Page 3 of7 V. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the [mdings required by the City's rules and regulations for the issuance of Conditional Use Permits, as herein below set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed use at this location is necessary and desirable from the perspective that providing for the sale of fresh produce and flowers to residents of Eastlake is a positive feature which will contribute to the general well-being of both the neighborhood and the community at large. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The proposed use will not be detrimental to the health, safety or general welfare to the general public, or be injurious to property or improvements in the vicinity. The market will only operate on Friday afternoons, and will provide little impact on traffic or parking. Provisions have been made in this application which will ameliorate traffic concerns, provide for trash accumulation and restrooms and will be of a temporary nature, with removal of stalls and equipment accomplished at the end of the day's events. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use shall comply with the conditions of Conditional Use Permit, PCC-05- 033 as recommended by the Planning Commission, and shall be in accordance with all applicable regulations and standards specified in the Municipal Code for such use. The proposed use is also in accordance with Municipal Code Section 19.58.148, which now allows Certified Farmers' Markets. Furthermore, the conditions of this permit are approximately in proportion to the nature and extent of the impact created by the proposed development in that the conditions imposed are directly related to and of a nature and scope related to the size and impact of the Project. 4. That the granting of this Conditional Use Permit will not adversely affect the General Plan ofthe City or the adopted plan of any government agency. The granting of this Conditional Use Permit will not adversely affect the Chula Vista General Plan in that said Project is in the Commercial land use designation, which anticipates the gathering of people for shopping and other activities such as this Certified S"-/S Resolution No. 2005- Page 4 of 7 Farmers' Market. Thus the granting of this Conditional Use Permit is in keeping with the intent of the General Plan of the City. VI TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-05-033, subject to the following conditions, whereby the Applicant and/or property owners shall: PLANNING & BUILDING DEPARTMENT CONDITIONS 1. The Project, as shown or described in the conceptual plans, applications and other exhibits shall be established and maintained as those plans are approved by the Planning Commission. No more than forty-five (45) vendors may participate, with at least 55% of those vendors being Certified Agricultural Producers. 2. The Farmers' Market shall operate only on Fridays, no more than once a week, with the day and hours of operation as established in this Conditional Use Permit, to whit, from 3:00 p.m. to 7:00 p.m. every Friday. The Farmers' Market shall be located on the southeastern edge ofthe Wal-Mart parking lot, closest to Eastlake Parkway. 3. Approval of a Planned Sign Program shall be obtained for all signs to be used. The development and approval of the Planned Sign Program shall comply with the provisions ofCVMC 19.60.050. 4. Temporary signs identifying the Farmers' Market and hours thereof may be displayed during the event, and not more than four (4) hours before and one (1) hour after said event. 5. Pennants may be used only for safety and precautionary purposes. 6. Price signs may be used only when of a size and location so as to benefit the pedestrian shopper and not passing vehicles. 7. This Certified Farmers' Market shall be subject to the certification regulations of the State of California Department of Agriculture, Weights and Measures, and the County of San Diego's Department of Environment Health. 8. Live or recorded music may be played at the Farmers' Market, but shall not exceed fifty- five (55) dB at 50 feet from the outer edges of the immediate Market site. Ponylllama rides (three animals maximum - unless more are approved by the Planning Director), air jumps and playground equipmenLare also allowed, but shall not alone or in the aggregate, exceed twenty percent (33%) of the square footage devoted to vendors, pedestrian walkways, and entertainment (parking areas are excluded from this calculation). All other live animals, live entertainment or amusement rides are not allowed. s/?> Resolution No. 2005- Page 5 of7 9. An adequate on and off-site security plan shall be submitted to and approved by the Police Department. After approval, said plan shall be adhered to and may be modified by the City from time to time as needed. 10. A traffic control and emergency access plan shall be submitted to and approved by the City Engineer. After approval, said plan shall be adhered to and may be modified by the City from time to time as needed. II. At least three portable toilets and one hand washing facility shall be located within or no more than fifty (50) feet from outer edges ofthe immediate Market site. 12. All Market areas (including parking areas) shall be kept in a neat and well-kept manner at all times. Furthermore, a recycling and solid waste management plan, specifying how the operator will address the disposal of these materials, shall be submitted to and approved by the City's Manager/Conservation Coordinator. After approval, said plan shall be adhered to and may be modified by the City from time to time as needed. 13. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 14. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorneys' fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this conditional use permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and (c) Applicant's installation and operation of the facility permitted hereby, including, without limitation, any and all liabilities arising from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this conditional use permit where indicated, below. Applicant's/operator's compliance with this provision is an express condition of this conditional use permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns 15. The applicant shall allow the Project Site, while it is in operation, to be inspected six months subsequent to the issuance of a business license to check conformance with Project plans and conditions of approval. ,Ç- /7 Resolution No. 2005- Page 6 of 7 16. Approval of this request shall not waive compliance with all sections of Title 19 (Zoning) of the Municipal Code, and all other applicable City Ordinances in effect at the time of building permit issuance. 17. Pursuant to Chula Vista Municipal Code 19.58.148 (c) (6), this permit shall expire one (I) year after the date of its approval by the City Council. Any extension or renewal of this use permit must be granted by the City Council. 18. This Conditional Use Permit shall become void and ineffective ifnot utilized or extended within the time allotted in Section 19.14.260 of the Municipal Code. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL 19. The property owner and the applicant shall execute this document by signing the lines provided below; said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Recorder of the county of S.an Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the City's Planning and Building Department. Failure to return a signed and stamped copy of this recorded document within ten days of recordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office. Signature of Property Owner Date Signature of Applicant Date CONSEQUENCE OF FAILURE OF CONDITIONS 20. If any of the foregoing conditions fails to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. Developer or a successor in interest gains no vested rights by the City's approval of this Resolution. 5-/g Resolution No. 2005- Page 7 of 7 INVALIDITY; AUTOMATIC REVOCATION 21. It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by: James Sandoval, Director of Building and Planning attorney\reso \cupIPCC-05-033.doc Approved as to form by: .J) c:v.-- ¿ . f-fo.-- Arm Moore City Attorney 5-/9 COUNCIL AGENDA STATEMENT ITEM:b MEETING DATE: 04/12/05 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED SENIOR DEPUTY CITY CLERK POSITION TO THE CITY CLERK'S OFFICE # SUBMITTED BY: Susan Bigelow, MMC, City Clerk 4/5THS VOTE REQUIRED: DYes I:i'No The purpose of this report is to seek authorization for the addition of a Senior Deputy City Clerk position. The position will allow the City Clerk's Office to assume major responsibilities on behalf of other departments and successfully carry out current and long-term City Clerk work pro grams and goals. RECOMMENDATION: Council adopt the resolution adding one Senior Deputy City Clerk position to the City Clerk's Office. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: Rapid growth in the City and organization, as well as increased services provided by the City Clerk's Office, have significantly increased the workload of the department over the past few years. Much of the workload of the office is generated by or responsive to other departments, which have grown in recen~ years and since City Clerk staffing levels were last evaluated. The major challenge at this time is to continue to provide existing levels of service. Out of necessity, some important services have been relegated to a lower priority in order to address the day-to-day workload. The Office is no longer able to move forward with major projects and programs. Furthermore, other departments have requested significant, additional support from the City Clerk's Office. Several departments have asked City Clerk staff to provide immediate training and assistance in converting to the citywide records management program adopted by the Council in 1993. Some departments need to do the conversion prior to moving into the new City Hall in September 2005 because of standardized filing equipment that will be installed in the new facilities. In addition, the City Clerk's Office has been asked to assume the RDA agenda process, as well as process and maintain all RDA resolutions and contracts. By assuming these duties at this time, RDA staff time will be freed to assume new responsibilities related to the soon-to-be formed Urban Development Corporation. 6-1 The request for the Senior Deputy position is made at this time to enable the department to immediately provide records management expertise to several departments, prior to the move to the new City Hall in September, and assume the Redevelopment Agency agenda process. Both of these are major, additional undertakings. (The Council agenda process alone requires the equivalent of between 1.2 and 1.5 positions.) For the remainder of the current fiscal year and the first three months of fiscal year 2006, the Senior Deputy would: · Provide the immediate technical expertise and oversight needed for records conversions and · Assist with the additional workload created by the assumption of the RDA agenda process and RDA contract and resolution processing. Once the major records projects have been completed, the Senior Deputy would also: · Absorb some duties now performed by other staff to allow them to return to their primary functions and reduce extra-heavy workloads. · Serve as filing/review officer for campaign and conflict of interest statements. · Assist in election-related duties and preparing candidate materials. · Review and edit Council, Redevelopment Agency, Housing Authority and Public Financing Authority minutes, resolutions and ordinances to ensure accuracy. · Prepare a detailed City Clerk procedures manual for current and future staff. · Participate, along with the City Clerk, in preparing a citywide update of records retention schedules. · Assist in establishing and overseeing the passport services program, should it be implemented in the future. · Assist with special projects as assigned. Due to the proposed scope and complexity of duties to be performed by the Senior Deputy City Clerk, it is critical that the person selected for the position have extensive City Clerk experience and be familiar with current legal requirements with respect to elections, campaign finance reform, statements of econornic interests, and public records. The City Clerk's Office currently has 7.5 staff members. No new staff members have been added to the department since 2000. The staffing projection prepared by a City consultant for the Civic Center Master Plan indicated 9.25 staff are needed for current services at the current population. A recent survey of California City Clerks was performed to determine the scope of services offered and staffing levels. It was determined that services offered by City Clerks' Offices vary greatly from city to city, and very few larger cities offer the comprehensive records management and document imaging services that we provide to all departments. The following chart shows some cities that do, along with their staffing levels: City Population # Staff Co=ents Irvine 183,000 12.00 Pasadena 142,202 15.35 8 ill Official Records Division, 4 ill Records Management Division, 3.35 in mailroom Berkelev 103,000 12.00 Down from 15 due to budget cuts Thousand Oaks 120,000 10.00 Torrance 144,400 9.00 Does "some" imallinll Oceanside 169,805 9.00 Carlsbad 90,271 8.00 No storalle, retrieval or destruction Escondido 138,015 8.00 6-2 Based upon current and projected workloads, it is reco=ended that the City Clerk's Office add one middle management, unclassified Senior Deputy City Clerk position with an E step salary of $85,800 ($119,394 Salary and Benefits), which is approximately rnidway between the Assistant City Clerk and Deputy City Clerk positions. The Redevelopment Agency currently reimburses the City Clerk's budget annually, since the City Clerk's staff attend and prepare minutes and action agendas for RDA meetings. On an on-going basis, the Redevelopment Agency would fund approximately 50% of the proposed position to cover costs associated with the transfer of the RDA agenda process, resolutions and contracts to the City Clerk's Office. FISCAL IMPACT: Due to anticipated savings in the City Clerk's operating budget, there will be no fiscal impact to the General Fund in fiscal year 2005. The ongoing cost of the position will be approximately $119,394, which will be funded approximately 50% by the General Fund and 50% by the Redevelopment Agency. If at any time tax increment revenues are insufficient to fund this position, the impact to the General Fund will be approximately $119,394 on an ongoing basis. Since ongoing General Fund resources have not yet been identified to fund this ongoing expense, approval of this action may require offsetting budget reductions in future years. 6-3 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE ADDITION OF ONE UNCLASSIFIED SENIOR DEPUTY CITY CLERK POSITION TO THE CITY CLERK'S OFFICE WHEREAS, the rapid development of Chula Vista and growth in the City organization, as well as increased services provided by the department, have significantly increased the workload of the City Clerk's Office; and WHEREAS, the addition of an unclassified, at-will, mid~management position of Senior Deputy City Clerk will enable the department to maintain current services, the department's high standards of productivity and efficiency, undertake major projects and additional services, and address citywide and departmental needs not currently being met. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby authorize the addition of a Senior Deputy City Clerk position to the City Clerk's Office in fiscal year 2005. Presented by: Approved as to form by: .- c v Ann Moore, City Susan Bigelow, MMC, City Clerk 6-4 CITY COUNCIL AGENDA STATEMENT Item: 7 Meeting Date: 04/12/05 ITEM TITLE: Report: Review and proposed comments regarding the Draft San Diego County Airport Land Use Compatibility Plan Resolution of the City Council of the City ofChula Vista accepting a report from staff concerning the Draft Airport Land Use Commission Compatibility Plan and authorizing the City Manager to send a comment letter on said plan to the Airport Land Use Commission. SUBMITTED BY: Director of Planning and Building ÎLt- <V City Manager {!J kJ (), (4/5 Vote: Yes_No ~ REVIEWED BY: As required by State law, the San Diego County Airport Land Use Commission is proposing a new San Diego County Airport Land Use Compatibility Plan for 16 public-use and military airports, including Brown Field. The purpose of the plan is to promote compatibility between airports and the land uses that surround them. Staff has reviewed the draft plan and is prepared to forward comments by the April 15 deadline. This report presents results of the review. RECOMMENDATION: That in accordance with the attached Resolution the City Council accept the report, and direct the City Manager to send a letter to the San Diego County Airport Land Use Commission expressing the City's concerns with the draft San Diego County Land Use Compatibility Plan. BOARDS AND COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: 1. Background The San Diego County Regional Airport Authority, in its capacity as the Airport Land Use Commission (Airport Commission) for San Diego County, is mandated by state legislation to prepare and adopt a new San Diego County Airport Land Use Compatibility Plan (Compatibility Plan) by June 30, 2005, addressing 16 public-use and military airports in the county. The Airport Commission has solicited comments on the Draft San Diego County Airport Land Use Compatibility Plan (Compatibility Plan) with a deadline of April 15, 2005. Brown Field is the only airport with an Airport Influence Area (AlA) that impacts the City of Chula Vista's planning area so that is our 7-1 Page No.2, Item: '7 Meetin~ Date: 04/12/05 focus. The Draft Compatibility Plan provides countywide policies and supplemental policies tailored to individual airports. Each airport will have that portion of the Compatibility Plan focused on policies pertaining to it adopted independently, thus constituting its Compatibility Plan. If amendments to the adopted Compatibility Plans occur in the future they will be handled independently and no more than once a year. The Draft Compatibility Plan does not have a direct impact on existing land uses. As a result of a formal application that the City of Chula Vista subrnitted for a consistency fmding by the Airport Commission for our Draft General Plan Update (GPU), the Commission took action on April 4, 2005, and found that the Draft GPU is consistent with the current adopted Brown Field Compatibility Plan. However, because the Draft Compatibility'Plan proposes comprehensive changes our GPU will need to be reviewed for consistency after adoption of the Compatibility Plan. It should be noted that the Draft Compatibility Plan is based on an airport master plan or an airport layout plan that reflects the anticipated growth of the airport during at least the next 20 years. For Brown Field those estimates represent approximately double the airport activity experienced today. California Environmental Quality Act (CEQA) environmental analysis of the Compatibility Plan will be addressed for each individual airport through individual Draft Negative Declarations, with the exception of Lindbergh field which will have an Environmental Impact Report (EIR). The Draft Negative Declaration for Brown Field was issued for a 30-day review period on March 28,2005. Staff will be reviewing and commenting on that document this month. 2. Draft Compatibility Plan Criteria The Draft Compatibility Plan proposes policies and criteria aimed at addressing the following key airport activity concerns with regard to adjacent land uses: · Noise - minimize the number of people exposed to frequent and/or high levels of airport noise capable of disrupting noise-sensitive activities · Overflight - consider impacts of aircraft overflights over a community · Safety - protect people and property on the ground near airports · Airspace Protection - protect airport capacity and safety by identifYing airspace obstructions and other hazards to air navigation The Airport Influence Area (AlA), extending 1,400 ft. out from the centerline of the Brown Field Airport, is the area in which current or future airport-related noise, overflight, safety and/or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses (See Attachment I for map). The AlA sets the limits of the area within which proposed land use projects are to be referred to the Airport Commission for review. The Draft Compatibility Plan establishes basic compatibility criteria within zones ranging from A to E extending out rrom Brown Field. The Plan considers Brown Field to be a "suburban area" location versus an airport location designated "urban". The compatibility requirements are more restrictive for the suburban. 7-2 Page No.3, Item: 1 Meetin¡: Date: 04/12/05 Portions of the City of Chula Vista General Plan area are impacted by the outer zones D and E (See Attachment 2). Zone E extends to cover land uses planned and existing on the southerly portion of Otay Ranch (south of the Eastern Urban Center) and areas south of Olympic Parkway, north of East Main Street, and east ofInterstate 805. Zone D extends to include non-residential uses south of East Maï.n Street, including Auto Park I, Auto Park East, Coors Amphitheater and Knott's Soak City water park. Zone C criteria will only impact property located south of the Otay River Valley and east of Heritage Road, currently being considered for change to industrial land uses through the City's Draft General Plan Update. The following table summarizes the type of criteria that the Draft Compatibility Plan proposes within each zone (please see Attachment 3 for actual compatibility criteria). . Summarv ofBasic Comnatibilitv Criteria for Brown Field Zones Locations Prohihited Uses A Runway Protection Zone No structures except aeronautical, new residences, assemblages of people, storaªe of hazardous materials, tall structures BI Inner Approach/Departure No children's schools, day care centers, libraries, hospitals, places of Zone worship, amphitheaters, above ground bulk storage of hazardous materials, structures above 35 ft. B2 Adjacent to Runway No children's schools, day care centers, libraries, hospitals, places of worship, amphitheaters, above ground bulk storage of hazardous materials, nower nlants, electrical substations, structures above 35 ft. C Extended No children's schools, day care centers, libraries, hospitals, Approach/Departure Zone amnhitheaters, structures above 70 ft. D Primary Traffic Patterns No amphitheaters, structures ahove 70 ft., children's schools and Runwav Buffer Area discouraªèd E Other Airoort Environs Structures above 100 ft., amuhitheaters discouraged The Draft Compatibility Plan will require that local jurisdictions make their general plans and affected specific plans consistent with the Plan, and cooperate with the Airport Commission to submit for review selected land use actions, regulations (zone changes, building regulations, etc.), and permits within the AlA. Existing uses, which are not impacted by the Airport Compatibility Plan, are defined as "a land use that either physically exists or for which local government commitments to the proposal have been obtained; that is, no further discretionary approvals are necessary." Local government commitments to a proposal can usually be considered firm once one or more of the following have occurred: A tentative parcel or subdivision map has been approved and not expired; A vesting tentative parcel or subdivision map has been approved; A development agreement has been approved and remains in effect; A final subdivision map has been recorded; A use permit or other discretionary entitlement has been approved and not yet expired; or A valid building permit has been issued. 7-3 Page No.4, Item: 7 Meeting Date: 04/12/05 Existing Nonconforming uses, that are not consistent with the· Compatibility Criteria (See Attachment 3) are subject to special conditions including: That nonresidential development may be continued, leased, or sold and the facilities may be maintained or altered provided that the portion of the site devoted to the nonconforming use is not expanded and the usage intensity is not increased above the levels existing at the time of adoption of the Compatibility Plan. Airport Commission review is required for any proposed expansion of a nonconforming use. The Compatibility Plan recognizes that there may be specific situations where a normally incompatible use can be considered compatible because of terrain, specific location, or other extraordinary factors or circumstances related to the site or its proposed use. A 2/3 ' s vote of the full Commission is required to approve an expansion and findings are required as to why an exception is being made and that the land use will not create a safety hazard to people on the ground or aircraft in flight nor result in excessive noise exposure for the proposed use. Additionally, fmdings as to the nature of the extraordinary circumstances that warrant the policy exception are required. Reconstruction of a nonconforming nonresidential use may occur provided that the cost to repair is no more than 75% of the assessor's full cash value of the structure at the time of the damage and that the reconstruction does not amount to an increase in floor area or intensity of use. 3. Draft Compatibility Plan Implementation Local agencies will be required to modify their general plan and any affected specific plans to be consistent with the Compatibility Plan. The law states that the local agency must take this action within 180 days of when the Airport Commission adopts or amends its plan. Any major land use actions (e.g., general plan amendments, specific plans, rezonings, zoning ordinance amendments or building regulations that involves the "airport activity concerns" listed in Section 2 above) must be submitted for commission review until local agencies have made their general plans consistent with the Compatibility Plan. The Airport Commission requests that any major actions continue to be submitted on a voluntary basis after this occurs. Other land use actions requiring submittal for review include redevelopment action on a property for which the existing use is consistent with the general plan and/or specific plan, but nonconforming with the compatibility criteria of the Compatibility Plan. Pending a consistency finding by the Airport Commission on the local agency's general plan, the following actions affecting land uses within Compatibility Zones A through D may also require consistency review: Sphere of influence changes Pre-zonings 7-4 Page No.5, Item: 1 Meetinli: Date: 04/12/05 Proposed development agreements (or amendments) Discretionary development proposal for projects having a building floor area of 20,000 square feet or greater Major capital improvements (e.g., water, sewer, or roads) which would promote more urban uses in undeveloped or agricultural areas to the extent that such uses are not reflected in a previously reviewed general plan or specific plan Proposed land acquisition by a government entity for any facility accommodating a congregation of people (for example, a school or hospital) Proposals for new development (including buildings, antennas, and other structures) having a height of more than 50 ft. for Compatibility Zone C, and 70 ft. for Compatibility Zone D. Within Compatibility Zone E, any structure taller than 100 ft. will require a consistency review. The review process for community land use plans and ordinances must include submittal to the Airport Commission for review prior to fmal approval by the local agency. Where applicable, the Airport Commission is required to provide public notice and obtain public input before acting on any plan, regulation, or other land use proposal under consideration. The Airport Commission must respond to a local agency's request for a consistency determination within 60 days from submittal. The Commission has three choices of action: I) Find the proposed project consistent, 2) Find the proposed project consistent with adherence with specific conditions, or 3) Find the proposed project inconsistent. For other major land use actions (e.g., projects pending until the General Plan is found consistent with the Compatibility Plan, and projects listed above that occur in zones A through D), the review process will involve submittal to the Airport Commission's staff forreview under the same response times as for Commission subrnittals. The same findings can be made as the Commission's; however, if the staff review finds that the proposed project is inconsistent, then it will be forwarded to the Airport Commission for a consistency determination. If a local agency proposes to overrule an Airport Commission action it must provide 45 days notice and a copy of the proposed decision and findings to both the Commission and the California Division of Aeronautics. 4. Staff Analysis and Concerns In reviewing the Compatibility Plan impacts on the City ofChula Vista staff has identified a number of areas of concern. Compared to several other agencies that have airports within or adjacent to them, Chula Vista is relatively minimally impacted. Concerns range from restrictions on the 'expansion of existing uses, to structure height limitations to process review timeframes and potential conditions for consistency. Staff intends to prepare a letter to the Airport Commission citing our concerns and will include any additional concerns that Council wishes to make. The following are staff concerns: 7-5 Page No.6, Item: 7 Meeting Date: 04/12/05 a. Expansion potential for Nonconforming Uses The Coors Amphitheater and Knott's Soak City are located within Compatibility Zone D. Because of the assemblage of people that occurs with these facilities, the Compatibility Plan recognizes these sites as nonconforming, and subject to policies that discourage future potential expansion. Additionally, support uses for these recreation venues that may be proposed in the vicinity could be considered inconsistent with the Plan. This Plan may have an adverse econornic effect on realizing the full potential envisioned for this area, including the ability to provide all desired amenities and services convenient for visitors to the area venues. Although the area is within Zone D, it is geographically located well below the airport elevation on Otay Mesa and peripheral to the existing flight operations. Staffbelieves these factors should also be taken into consideration. b. Structure Heights Structures above 70 ft. within Compatibility Zone D, which includes the Auto Park area on the south side of East Main Street, will require the Airport Commission staff review. This may affect existing proposals for architectural features above 70 ft. in height if fmal discretionary approvals have not been granted, and any future similar proposals. The Compatibility Plan does not consider the fact that the development along East Main Street is significantly below the level ofOtay Mesa and the airport and therefore, should exempt non-habitable structures of this height c. Suburban and Rural Areas vs Urban Areas Criteria Brown Field has been identified as an Airport in a "Suburban and Rural Area." The results of this designation involve more restrictive criteria impacting uses, including amphitheaters and other residential and nonresidential uses. Examples of other airports that have been classified as "Urban" include: Gillespie Field, McClellan-Palomar, Montgomery Field and NOLF Imperial Beach. With planned uses on the Otay Mesa, as well as on the Otay Ranch and in Otay Valley, Brown Field should be considered as being similar to at least some of these other Urban airports and criteria be similarly applied. d. Economic Impacts While the Compatibility Plan will have far-reaching economic impacts with respect to countywide plans for development, the City of Chula Vista is most concerned with the effects that the Plan will have on potential plans for tourist-related support commercial uses near existing recreation venues within the Otay Valley. e. Plan Adoption Timeframe 7-6 Page No.7; Item: 1 Meetin¡; Date: 04/12/05 The Compatibility Plan is proposed for adoption by June 30, 2005 and the Airport Commission has conducted avery recent public input process, including a workshop in the South Bay area. However, there has not been adequate time to negotiate with the Commission staff on the finer points of the Compatibility Plan, as it affects Chula Vista. Through discussions with stafffrom other jurisdictions, this concern was also expressed. Therefore, staff will be requesting a minimum 60-dayextension of time for adoption of the Plan to enable staff to address our concerns that may result in, at least, special conditions relating to land uses of concern within the Brown Field Airport Influence Area. f. Consistency of the General Plan Update under the Proposed Draft Compatibility Plan It is anticipated that Council will be taking action to adopt a comprehensive update to the General Plan by this summer. Policies calling for consistency with the Draft Compatibility Plan have not been included in the draft GPU documents, given the very recent release of the Draft Compatibility Plan, its draft status, and the lack of clarity as to what types of policy the Authority would request in affected General Plans. Based on the above outlined analysis of the Draft Compatability Plan, staff does not anticipate any major land use conflicts with the GPU (beyond those noted with respect to the Otay Valley Rd area near the amphitheater and water park), and believes that our GPU would be found to be largely consistent with the new Compatability Plan. Although still conjecture at this time, it is likely that the Authority may request that we add policies to our GP regarding the need to restrict certain uses within the AlA, and to require that local plans be consistent with the Compatibility Plan. If the Compatibility Plan is adopted prior to the updated General Plan (which is the current schedule), the City may be required to condition adoption of the General Plan on adopting consistency policies within six months (180-days) of the Compatibility Plan's adoption, and obtaining a consistency fmding from the Airport Commission for our Plan. Prior to this fmding, all major projects or land use actions that have the potential to conflict with the Compatibility Plan policies may need to be submitted to the Airport Commission staff for review. 5. Conclusion Staff recommends that the City Council accept this report and authorize the City Manager to prepare and submit a letter of comment to the Airport Commission by the April 15, 2005 deadline. The issues above, as well as any additional Council comments, will be included in this letter. FISCAL IMP ACTS: 7-7 Page No.8, Item: '1 Meetin~ Date: 04/12/05 Fiscal impacts related to adoption of the Compatibility Plan are not known. The costs for major infrastructure projects and economic development projects that are subject to a consistency review could be impacted, depending on any conditions that might be applied by the Airport Commission. Attachments: 1. Compatibility Map 2. Compatibility Zones on GPU Preferred Alternative Map 3. Basic Compatihility Criteria (H:\PLANNI NG\DUANE\AIRPORT _PLANJ DOC) 7-8 · ~ " o . . " iâ <Ii,... i !'-! .8~~j ~~Œ§ "i""E ~~H ~i"~ = ~~ XI ~§~~ ""i- ¡Hh J~:.. :;,,1J~ S' ai'~ J ~~ËL!'.8~ j ~ " i E a ¡¡. ~~ ~. e= ~1 U ,. . . ., .!! a. ~ !~ ¡,.:¡¡¡- <j¡:ðHI . O()g~ f'ë.g>..CI ~ . ". CI.!I! ~ ~ ... --.. ~ c:: 't:I-O ~ II:rJj ~a; - 15 e- ~ ;~ iâ gj ) ~!~ ::! iâ ~~~ ~ £ ~~.~ '" i NQ ~ "ª...---... ! r:: rS ~<iíi~QOW~~ ª !npn!>< 'C ..Q <~~N~~~:r;~ ., ~ j 11 O~OODD~ ¡ ~ ¡; o · ~ ~ o Q ~ · w Õ ª I< ¡ · ~ ~_I~_~~J~+- ~ o . ~ e. .~ '0 h ~ II :¡ I ~, I ~, § II ciS I I III i I J .VI ij ~ l -~frJf:3--i --;--." (--".~--i -¡- ..[Ll I ~=--' -' 'I I i \. I I~ ":1; i -:;+'~"""'''''1'.j.''._-'-'' j\~.--,----i (-,-_.!L ,,1, I I 1-- ¡ i__¡_, ;' I ¡ ·..·--·1... ·__·...___.n ". '. f ¡ ~ ,.)/'''\, .b I :iL.··· 7-9 ~""""". >0"-,' ~," ""''""''''''·''''4'''·' ;"';''''''_''''''~''''''~'''' , - - - - - - - - - ..- - ~ - - - - - - - _z ~ .¡ " o .. U ~ 1i "~ i~ r !i u a.~ '" 8- ::n ~1 =~ .0 . :;=2 "'~ Q.] E~ o . Ue " ~ " ~ ~ I ~ ~ j ~ J J ..... I- Z w :!: :I: () < I- ~ >-~<'W~~llllli~W " , \ Æ a .: ~ o ... I · 8 C'I ~ Z w :::t ::J: o ~ ~ < .,;,.:¡ ::::J · · · · C · ..oJ · W - · LL · Z · 3: · 0 · a::: : m . ~ ... r:a . cnn: . W<c u· Zw OZO NfI)-! 0 w · >W!!:! ;S !:::cnu.. · .. ~ ..J:JZ 0 l> = = ãic~ ¡¡ = .. . I - = ¡::zo ~ .. _ÞÐ <c<Cn: = .ss c....Jm b~ :E~ = ~ ~ ~ 00 ,,~ ou.. (~ ¢::"O Ii: = = .. = 0 ~~ Z CHAPTER 2 COUNTYWIDE POLICIES Density / Intensity Standards 1 OIher U.e. Res~. maximum dentoal people/ac ' maximum d.../ac 2 Ave,· Single w"h age 7 Acre a Bonus 9 Additional Criteria 1 Zone Location. Req'd Open Land 4 Prohibited Uses S Other Oevelopment Condition. ' A Runway No New 0 0 0 All · All structures except ones with location set by . A~gation easement dedication Protection Owellings Re· aeronautical function Zone Allowed main- ~ Assemblages of people and within ing ) Objects exceeding FAR Part 77 height limits Building ) Storage of hazardous materials Restriction ~ Hazards to flight 111 Une 81 Inner 0.05 25 50 75 30% ~ Children's schools, day care centers, libraries ~ Locate structures maximum distance Approach! (average ~ Hospitals, nursing homes; places of worship from extended runway center1ine Oeparture parcel size ) Bldgs with >2 aboveground habitable floors ~ Critical community infrastructure facili~ Zone :>.20.0 ac.) ) Highly noise4sensitive outdoor nonresidential ties discouraged 13.1~ uses 11 ) Minimum NLR of 25 dB in residences ) Aboveground bulk storage of hazardous mate- (including mobile homes) and office rials 12 buildings 15 ) Hazards to night" ) Airspace review required for objects >35 feet tall " ) Avigation easement dedication 8Z Adjacent 0.1 100 200 300 No ) Children's schools, day care centers, libraries ) Locate structures maximum distance to Runway (average Req't · Hospitals, nursing homes: places of worship from runway parcel size · Bldg. with >3 aboveground habitable floors ) Minimum NLR of 25 dB in residences ~1 0.0 ac.) ) Aboveground bulk storage of hazardous mate- (including mobile homes) and office rials 12 buildings IS · Critical community Infrastructure facilities" ) Airspace review required for objects ~ Highly noise-sensitive outdoor nonresidential >35 feet tall " uses 11 ) Avigation easement dedication ) Hazards toflight,n C Extended 0.2 75 150 225 20% ) Children's schools, day care centers, libraries ) Minimum NLR of 20 dB in residences Approach! (average ) Hospitals, nursing homes (including mobile homes) and office Departure parcel size ) Bldgs with > 3 aboveground habitable floors buildings IS Zone >5.0ac.) ) Highly noise-sensitive outdoor nonresidential ) Airspace review required for objects uses 11 >70 feet tall " ) Hazards to flight 1n ) Deed notice required 0 Primary (1) <0.2 150 450 675 10% ) Highly noise-sensitive outdoor nonresidential ) Children's schools, hospitals, nursing Traffic (avg parcel uses 11 homes discouraged 1~ Patterns >5.0 ac.) ) Major spectator-oriented sports stadiums, ) Airspace review required for objects and or 18 amphitheaters, concert halls beneath primary >70 feet tall 17 Runway (2) >5.0 flight tracks ~ Deed notice required Buffer Area (avg parcel ) Hazards to night 10 <0.2 ac.) E Other No NoUmit19 No ) Hazards to flight Tn ) Major spectator-oriented sports stadi- Aìrpori Llmfi Req't urns, amphitheaters, concert halls dis- Environs couraged beneath pnmary flight tracks (Secondary 1~, 19 Ærport Inn. ) Airspace review required for objects AreaJ >100 feet tall " . High Same as Underlying Not Same as Underlying ~ Airspace review required for objects Terrain Compatibility Zone Appli- Compatibility Zone >35 feet tall 16 cable ) Avigation easement dedication See Chapter 3 for airport-specific additions or exceptions to these policies. Table 2C Basic Compatibility Criteria for Airports in Suburban and Rural Areas Agua Caliente, Borrego Valley, Brown Field, Fallbrook, .Jacumba, Ocotillo, Oceanside Municipal, Ramona 2-18 San Diego County Airport Land Use Compatibility Plan Policy Document (March Z005 Draft) 7-11 I ATTACHMENT 31 COUNTYWIDE POLICIES CHAPTER 2 NOTES: 1 See Appendix C for a discussion of the concepts associated with these criteria. 2 Except for the two options provided for Zone 0, residential development must not contain more than the indicated number of dwelling units (excluding secondary units) per gross acre. Clustering of units is encouraged. See Polley 5.2.5 for limitations. Gross acreage includes the property at issue plus a share of adjacent roads and any adjacent, permanently dedicated, open lands. In compatibility zones where residential uses are aHowed, mixed-use development in which residential uses are pro- posed to be located in conjunction with nonresidential uses in the same or adjoining buildings on the same site shall be treated as nonresidential development. Noise level reduction and avigation easement requirements for the compatibility zone in which the dwellings are to be located are to be applied. See Policy 3.1.4(e). 3 Usage intensity calculations shall include all people (e.g., employees, customers/visitors, etc.) who may be on the property at a single point in time, whether indoors or outside. See Appendix D for sample calculation methodology. 4 Open land requirements are intended to be applied with respect to an entire zone. This is typically accomplished as part of a community general plan or a specific plan, but may also apply to large (10 acres or more) development projects. See Policy 5.2.4 for definition of open land. S The uses listed here are ones that are expiicitly prohibited regardless of whether they meet the intensity criteria. In addition to these explicitly prohibited uses, other uses will not be permitted in the respective compatibility zones because they do not meet the usage intensity criteria. 13 As part of certain real estate transactions involving residential property within any compatibility zone (that is, anywhere within an airport influence area), information regarding airport proximity and the existence of aircraft overflights must be disclosed. This requirement is set by state law. See Policy 5.4.2 for details. Easement dedication and deed notice requirements indi- cated for specific compatibility zones apply only to new development and to reuse if discretionary approval is required. 1 The total number of people permitted on a project site at any time, except rare special events, must not exceed the indicated usage intensity times the gross acreage of the site. Rare special events are ones (such as an air show at the airport) for which a facility is not designed and normally not used and for which extra safety precautions can be taken as appropriate. 13 Clustering of nonresidential development is permitted. However, no single acre of a project site shall exceed the indicated number of people per acre. See Policy 5.2.5 for details. 9 An intensity bonus for single-acre areas may be allowed if the building design includes features intended to reduce risks to occupants ~n the event of an aircraft collision with the building. Criteria for site-wide average must still be met. The intensity bonus does not apply to runways routinely used by large aircraft (aircraft having a maximum certificated takeoff weight of more than 12,500 pounds). See Policy 5.2.6 for details. 10 Hazards to flight include physical (e.g., tall objects), visual, and electronic forms of inter1erence with the safety of aircraft op- erations. Land use development that may cause the attraction of birds to increase is also prohibited. See Policy 5.3.7. 11 Examples of highly noise-sensitive outdoor nonresidential uses that should be prohibited include amphitheaters and drive-in theaters. Caution should be exercised with respect to uses such as poultry farms and nature preserves. \2 Storage of aviation fuel and other aviation· related flammable materials on the airport is exempted from this criterion. Storage of up to 6,000 gallons of nonaviation flammable materials is also exempted. Manufacture or aboveground storage of other hazardous materials is discouraged in Zone C and remainder of Zone 82. See Policy 5.2.3(c) for details. '3 Critical community facilities include power plants, electrical substations, and public communications facilities. See Policy 5.2.3(d) for details. '4 See Policy 3.1.7 for explanation of the term "discouraged." ,.5 NLR = Noise Level Reduction, the outside-to-inside sound level attenuation that the structure provides. See Policy 5.1.6. 113 Objects up to 35 feet in height are permitted. However, the Federal Aviation Administration may require marking and lighting of certain objects. See Policy 5.3.6 for details. 11 This height criterion is for general guidance. Shorter objects normally will not be airspace obstructions unless situated at a ground elevation well above that of the airport. Taller objects may be acceptable if determined not be Qbstructions. See Po- licies 5.3.3 and 5.3.4. 16 Two options are provided for residential densities in Compatibility Zone D. Option (1) has a density limit of 0.2 dwelling units per gross acre (i.e., an average parcel size of at least 5.0 gross acres). Option (2) requires that the density be greater than 5.0 dwelling units per net acre (I.e., an average parcel size less than 0.2 net acres). The choice between these two options is at the discretion of the local land use jurisdiction. See Appendix C for explanation of rationale. All other criteria for Zone D apply to both options. 19 Although no explicit upper limit on usage intensity is defined for Zone E, land uses of the types listed-uses that attract very high concentrations of people in confined areas-are discouraged in locations below or near the principal arrival and depar· ture flight tracks. This limitation notwithstanding, no use shall be prohibited in Zone E if its usage intensity is such that it would be permitted in Zone D. Table 2C, continued San Diego County Airport Land Use Compatibility Plan Policy Document (March 2005 Draft) 2-19 7-12 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A REPORT FROM STAFF CONCERNING THE DRAFT AIRPORT LAND USE COMMISSION COMPATIBILITY PLAN AND AUTHORIZING THE CITY MANAGER TO SEND A COMMENT LETTER ON SAID PLAN TO THE AIRPORT LAND USE COMMISSION WHEREAS, the San Diego Còunty Airport Land Use Commission is proposing a new San Diego County Airport Land Use Compatibility Plan covering sixteen public use and military airports; and WHEREAS, the Draft Compatibility Plan includes policies addressing a variety of airport activities with regard to adjacent land uses, including, overflight, safety, noise, and airspace protections; and WHEREAS, as detailed in the accompanying Agenda Statement, portions of the City of Chula Vista could potentially be impacted if the Draft Compatibility Plan is fmally adopted; and WHEREAS, the Airport Land Use Commission has solicited comments on the Compatibility Plan, and any such comments must be submitted by April 15, 2005. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept the report from staff concerning the Draft Airport Land Use Commission Compatibility Plan. BE IT FURTHER RESOLVED that the City Manager of the City ofChula Vista is hereby authorized and directed to submit a comment letter on said Compatibility Plan to the Airport Land Use Commission outlining the concerns expressed in the Agenda Statement as well as any additional direction from the City Council. Presented By as to form by Jim Sandoval Director of Planning and Building 7-13